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(A) For construction and acquisition, plan-
ning and design, and improvement of military 
family housing and facilities, $657,065,000. 
(B) For support of military family housing 
(including functions described in section 2833 
of title 10, United States Code), $834,468,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION 
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and 
any other cost variation authorized by law, the total cost 
of all projects carried out under section 2301 of this Act 
may not exceed the total amount authorized to be appro-
priated under paragraphs (1), (2), and (3) of subsection 
(a).
TITLE XXIV—DEFENSE 
AGENCIES 
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC-
TION AND LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2405(a)(1), the Secretary of Defense may 
acquire real property and carry out military construction 
projects for the installations and locations inside the 
United States, and in the amounts, set forth in the fol-
lowing table:
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Defense Agencies: Inside the United States 
Agency 
Installation or location 
Amount 
Defense Education Activity ..
Marine Corps Base, Camp Lejeune, 
North Carolina ..............................
$15,259,000
Defense Logistics Agency .....
Defense Distribution Depot, New 
Cumberland, Pennsylvania ...........
$27,700,000
Eglin Air Force Base, Florida .........
$4,800,000
Eielson Air Force Base, Alaska .......
$17,000,000
Hickam Air Force Base, Hawaii ......
$14,100,000
Hurlburt Field, Florida ....................
$4,100,000
Offutt Air Force Base, Nebraska .....
$13,400,000
Langley Air Force Base, Virginia ....
$13,000,000
Laughlin Air Force Base, Texas ......
$4,688,000
McChord Air Force Base, Wash-
ington ............................................
$8,100,000
Naval Air Station, Kingsville, Texas 
$9,200,000
Nellis Air Force Base, Nevada .........
$12,800,000
National Security Agency .....
Fort Meade, Maryland .....................
$1,842,000
Special Operations Command 
Dam Neck, Virginia .........................
$15,281,000
Fort Benning, Georgia .....................
$2,100,000
Fort Bragg, North Carolina .............
$36,300,000
Fort Campbell, Kentucky .................
$7,800,000
Harrisburg 
International 
Airport, 
Pennsylvania .................................
$3,000,000
Hurlburt Field, Florida ....................
$6,000,000
MacDill, Air Force Base, Florida ....
$25,500,000
Naval Amphibious Base, Coronado, 
California ......................................
$2,800,000
TRICARE Management Ac-
tivity ..................................
Fort Hood, Texas .............................
$9,400,000
Naval Station, Anacostia, District of 
Columbia .......................................
$15,714,000
Naval Submarine Base, New Lon-
don, Connecticut ...........................
$6,700,000
United States Air Force Academy, 
Colorado ........................................
$22,100,000
Walter Reed Medical Center, Dis-
trict of Columbia ..........................
$9,000,000
Washington Headquarters 
Services .............................
Arlington, Virginia ...........................
$38,086,000
Total .........................................
$345,770,000
(b) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2405(a)(2), the Secretary of Defense may 
acquire real property and carry out military construction 
projects for the installations and locations outside the 
United States, and in the amounts, set forth in the fol-
lowing table:
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Defense Agencies: Outside the United States 
Agency 
Installation or location 
Amount 
Defense Education Activity ..
Grafenwoehr, Germany .....................
$36,247,000
Heidelberg, Germany ........................
$3,086,000
Vilseck, Germany ..............................
$1,773,000
Sigonella, Italy ..................................
$30,234,000
Vicenza, Italy ....................................
$16,374,000
Camp Humphreys, Korea .................
$31,683,000
Special Operations Command 
Stuttgart, Germany ..........................
$11,400,000
TRICARE Management Ac-
tivity ..................................
Anderson Air Force Base, Guam .....
$26,000,000
Grafenwoehr, Germany .....................
$12,585,000
Total .........................................
$169,382,000
SEC. 2402. FAMILY HOUSING. 
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2405(a)(8)(A), the 
Secretary of Defense may carry out architectural and en-
gineering services and construction design activities with 
respect to the construction or improvement of military 
family housing units in an amount not to exceed 
$300,000. 
SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING 
UNITS. 
Subject to section 2825 of title 10, United States 
Code, and using amounts appropriated pursuant to the 
authorization of appropriations in section 2405(a)(8)(A), 
the Secretary of Defense may improve existing military 
family housing units in an amount not to exceed $50,000. 
SEC. 2404. ENERGY CONSERVATION PROJECTS. 
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2405(a)(6), the Sec-
retary of Defense may carry out energy conservation
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projects under section 2865 of title 10, United States 
Code, in the amount of $69,500,000. 
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DE-
FENSE AGENCIES. 
(a) IN GENERAL.—Funds are hereby authorized to 
be appropriated for fiscal years beginning after September 
30, 2003, for military construction, land acquisition, and 
military family housing functions of the Department of 
Defense (other than the military departments) in the total 
amount of $1,223,066,000, as follows: 
(1) For military construction projects inside the 
United States authorized by section 2401(a), 
$343,570,000. 
(2) For military construction projects outside 
the United States authorized by section 2401(b), 
$152,017,000. 
(3) For unspecified minor construction projects 
under section 2805 of title 10, United States Code, 
$16,153,000. 
(4) For contingency construction projects of the 
Secretary of Defense under section 2804 of title 10, 
United States Code, $8,960,000. 
(5) For architectural and engineering services 
and construction design under section 2807 of title 
10, United States Code, $66,834,000.
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(6) For energy conservation projects authorized 
by section 2404, $69,500,000. 
(7) 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), 
$370,427,000. 
(8) For military family housing functions: 
(A) For planning, design, and improve-
ment of military family housing and facilities, 
$350,000. 
(B) For support of military family housing 
(including functions described in section 2833 
of title 10, United States Code), $49,440,000. 
(C) For credit to the Department of De-
fense Family Housing Improvement Fund es-
tablished by section 2883(a)(1) of title 10, 
United States Code, $300,000. 
(9) For construction of the Defense Threat Re-
duction Center at Fort Belvoir, Virginia, authorized 
by section 2401(a) of the Military Construction Au-
thorization Act for Fiscal Year 2003 (division B of 
Public Law 107–314; 116 Stat. 2695), $25,700,000. 
(10) For the construction of phase 5 of an am-
munition demilitarization facility at Pueblo Depot
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Activity, Colorado, authorized by section 2401(a) of 
the Military Construction Authorization Act for Fis-
cal Year 1997 (division B of Public Law 104–201; 
110 Stat. 2775), as amended by section 2406 of the 
Military Construction Authorization Act for Fiscal 
Year 2000 (division B of Public Law 106–65; 113 
Stat. 839) and section 2407 of the Military Con-
struction Authorization Act for Fiscal Year 2003 
(division B of Public Law 107–314; 116 Stat. 
2698), $88,388,000. 
(11) For the construction of phase 6 of an am-
munition demilitarization facility at Newport Army 
Ammunition Plant, Indiana, authorized by section 
2401(a) of the Military Construction Authorization 
Act for Fiscal Year 1999 (division B of Public Law 
105–261; 112 Stat. 2193), as amended by section 
2406 of the Military Construction Authorization Act 
for Fiscal Year 2003 (division B of Public Law 107–
314; 116 Stat. 2698), $15,207,000. 
(12) For the construction of phase 4 of an am-
munition demilitarization facility at Blue Grass 
Army Depot, Kentucky, authorized by section 
2401(a) of the Military Construction Authorization 
Act for Fiscal Year 2000 (division B of Public Law 
106–65; 113 Stat. 835), as amended by section
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2405 of the Military Construction Authorization Act 
for Fiscal Year 2002 (division B of Public Law 107–
107; 115 Stat. 1298) and section 2405 of the Mili-
tary Construction Authorization Act for Fiscal Year 
2003 (division B of Public Law 107–314; 116 Stat. 
2698), $16,220,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION 
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and 
any other cost variation 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 appro-
priated under paragraphs (1) and (2) of subsection (a).
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, 
United States Code, in an amount not to exceed the sum 
of the amount authorized to be appropriated for this pur-
pose in section 2502 and the amount collected from the
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North Atlantic Treaty Organization as a result of con-
struction previously financed by the United States. 
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 
Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2003, for con-
tributions 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 
Organization Security Investment program authorized by 
section 2501, in the amount of $169,300,000.
TITLE XXVI—GUARD AND 
RESERVE FORCES FACILITIES 
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC-
TION AND LAND ACQUISITION PROJECTS. 
There are authorized to be appropriated for fiscal 
years beginning after September 30, 2003, for the costs 
of acquisition, architectural and engineering services, and 
construction of facilities for the Guard and Reserve 
Forces, and for contributions therefor, under chapter 
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, $253,788,000; and
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(B) for the Army Reserve, $89,840,000. 
(2) For the Department of the Navy, for the 
Naval and Marine Corps Reserve, $45,762,000. 
(3) For the Department of the Air Force—
(A) for the Air National Guard of the 
United States, $123,408,000; and 
(B) 
for 
the 
Air 
Force 
Reserve, 
$61,143,000.
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 
(and authorizations of appropriations therefor) shall ex-
pire on the later of—
(1) October 1, 2006; or
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(2) the date of the enactment of an Act author-
izing funds for military construction for fiscal year 
2007. 
(b) EXCEPTION.—Subsection (a) shall not apply to 
authorizations for military construction projects, land ac-
quisition, family housing projects, and facilities, and con-
tributions to the North Atlantic Treaty Organization Se-
curity Investment program (and authorizations of appro-
priations therefor) for which appropriated funds have been 
obligated before the later of—
(1) October 1, 2006; or 
(2) the date of the enactment of an Act author-
izing funds for fiscal year 2007 for military con-
struction projects, land acquisition, family housing 
projects and facilities, and contributions to the 
North Atlantic Treaty Organization Security Invest-
ment program. 
SEC. 2702. EXTENSION OF AUTHORIZATION OF CERTAIN 
FISCAL YEAR 2001 PROJECT. 
(a) EXTENSION OF CERTAIN PROJECT.—Notwith-
standing section 2701 of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (as en-
acted into law by Public Law 106–398; 114 Stat. 1654A–
407), the authorization set forth in the table in subsection 
(b), as provided in section 2102 of that Act, shall remain
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in effect until October 1, 2004, or the date of the enact-
ment of an Act authorizing funds for military construction 
for fiscal year 2005, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) 
is as follows:
Army: Extension of 2001 Project Authorization 
State 
Installation or loca-
tion 
Project 
Amount 
South Carolina .............
Fort Jackson ...............
New Construc-
tion—GFOQ 
$250,000
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN 
FISCAL YEAR 2000 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2701 of 
the Military Construction Authorization Act for Fiscal 
Year 2000 (division B of Public Law 106–65; 113 Stat. 
841), the authorizations set forth in the tables in sub-
section (b), as provided in section 2302 or 2601 of that 
Act and extended by section 2702 of the Military Con-
struction Authorization Act for Fiscal Year 2003 (division 
B of Public Law 107–314; 116 Stat. 2700), shall remain 
in effect until October 1, 2004, or the date of the enact-
ment of an Act authorizing funds for military construction 
for fiscal year 2005, whichever is later. 
(b) TABLES.—The tables referred to in subsection (a) 
is as follows:
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Air Force: Extension of 2000 Project Authorization 
State 
Installation or loca-
tion 
Project 
Amount 
Oklahoma .....................
Tinker Air Force Base 
Replace Family 
Housing (41 
Units) ..........
$6,000,000
Army National Guard: Extension of 2000 Project Authorization 
State 
Installation or loca-
tion 
Project 
Amount 
Virginia .........................
Fort Pickett ................
Multi-purpose 
Range-Heavy 
$13,500,000
SEC. 2704. EFFECTIVE DATE. 
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI 
of this Act shall take effect on the later of—
(1) October 1, 2003; or 
(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. INCREASE IN MAXIMUM AMOUNT OF AUTHOR-
IZED ANNUAL EMERGENCY CONSTRUCTION. 
Section 2803(c)(1) of title 10, United States Code, 
is amended by striking ‘‘$30,000,000’’ and inserting 
‘‘$45,000,000’’.
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SEC. 2802. AUTHORITY TO LEASE MILITARY FAMILY HOUS-
ING UNITS IN ITALY. 
Section 2828(e)(2) of title 10, United States Code, 
is amended by striking ‘‘2,000 units‘‘ and inserting 
‘‘2,800 units’’.
SEC. 2803. CHANGES TO ALTERNATIVE AUTHORITY FOR AC-
QUISITION AND IMPROVEMENT OF MILITARY 
HOUSING. 
(a) SPACE LIMITATIONS BY PAY GRADE.—Section 
2880(b)(2) of title 10, United States Code, is amended 
by striking ‘‘unless the unit is located on a military instal-
lation’’. 
(b) DEPARTMENT OF DEFENSE HOUSING FUND.—
(1) Section 2883 of such title is amended by striking sub-
sections (a), (b), and (c) and inserting the following new 
subsections (a) and (b): 
‘‘(a) ESTABLISHMENT.—There is hereby established 
on the books of the Treasury an account to be known as 
the Department of Defense Housing Improvement Fund 
(in this section referred to as the ‘Fund’). 
‘‘(b) CREDITS TO FUND.—There shall be credited to 
the Fund the following: 
‘‘(1) Amounts authorized for and appropriated 
to the Fund. 
‘‘(2) Subject to subsection (e), any amounts 
that the Secretary of Defense transfers, in such
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amounts as are provided for in appropriation Acts, 
to the Fund from amounts authorized and appro-
priated to the Department of Defense for the acqui-
sition or construction of military family housing or 
military unaccompanied housing. 
‘‘(3) Proceeds from the conveyance or lease of 
property or facilities under section 2878 of this title 
for the purpose of carrying out activities under this 
subchapter with respect to military family housing 
or military unaccompanied housing. 
‘‘(4) Income derived from any activities under 
this subchapter with respect to military family hous-
ing or military unaccompanied housing, income and 
gains realized from investments under section 2875 
of this title, and any return of capital invested as 
part of such investments. 
‘‘(5) Any amounts that the Secretary of the 
Navy transfers to the Fund pursuant to section 
2814(i)(3) of this title, subject to the restrictions on 
the use of the transferred amounts specified in that 
section.’’. 
(2) Such section is further amended—
(A) by redesignating subsections (d) through 
(g) as subsections (c) through (f), respectively; 
(B) in subsection (c), as so redesignated—
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(i) in the subsection heading, by striking 
‘‘FUNDS’’ and inserting ‘‘FUND’’; 
(ii) in paragraph (1)—
(I) by striking ‘‘subsection (e)’’ and 
inserting ‘‘subsection (d)’’; and 
(II) by striking ‘‘Department of De-
fense Family Housing Improvement Fund’’ 
and inserting ‘‘Fund’’; 
(iii) by striking paragraph (2); and 
(iv) by redesignating paragraph (3) as 
paragraph (2); 
(C) in subsection (e), as so redesignated, by 
striking ‘‘a Fund under paragraph (1)(B) or (2)(B) 
of subsection (c)’’ and inserting ‘‘the Fund under 
subsection (b)(2)’’; and 
(D) in subsection (f), as so redesignated, by 
striking ‘‘$850,000,000’’ in paragraph (1) and in-
serting ‘‘$900,000,000’’. 
(c) TRANSFER
OF UNOBLIGATED AMOUNTS.—(1) 
The Secretary of Defense shall transfer to the Department 
of Defense Housing Improvement Fund established under 
section 2883(a) of title 10, United States Code (as amend-
ed by subsection (b)), any amounts in the Department of 
Defense Family Housing Improvement Fund and the De-
partment of Defense Military Unaccompanied Housing
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Improvement that remain available for obligation as of the 
date of the enactment of this Act. 
(2) Amounts transferred to the Department of De-
fense Housing Improvement Fund under paragraph (1) 
shall be merged with amounts in that Fund, and shall be 
available for the same purposes, and subject to the same 
conditions and limitations, as other amounts in that Fund. 
(d) CONFORMING AMENDMENTS.—(1) Paragraph (3) 
of section 2814(i) of such title is amended—
(A) by striking subparagraph (A) and inserting 
the following new subparagraph (A): 
‘‘(A) The Secretary may transfer funds from the 
Ford Island Improvement Account to the Department of 
Defense Housing Improvement Fund established by sec-
tion 2883(a) of this title.’’; and 
(B) in subparagraph (B), by striking ‘‘a fund’’ 
and inserting ‘‘the Fund’’. 
(2) Section 2871(6) of such title is amended by strik-
ing ‘‘Department of Defense Family Housing Improve-
ment Fund or the Department of Defense Military Unac-
companied Housing Improvement Fund’’ and inserting 
‘‘Department of Defense Housing Improvement Fund’’. 
(3) Section 2875(e) of such title is amended by strik-
ing ‘‘Department of Defense Family Housing Improve-
ment Fund or the Department of Defense Military Unac-
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companied Housing Improvement Fund’’ and inserting 
‘‘Department of Defense Housing Improvement Fund’’. 
(e) CLERICAL AMENDMENTS.—(1) The section head-
ing for section 2883 of such title is amended to read as 
follows: 
‘‘§ 2883. Department of Defense Housing Improve-
ment Fund’’. 
(2) The table of sections at the beginning subchapter 
IV of chapter 169 of such title is amended by striking 
the item relating to section 2883 and inserting the fol-
lowing new item:
‘‘2883. Department of Defense Housing Improvement Fund.’’.
SEC. 2804. ADDITIONAL MATERIAL FOR ANNUAL REPORT 
ON HOUSING PRIVATIZATION PROGRAM. 
Section 2884(b) of title 10, United States Code, is 
amended—
(1) in paragraph (2), by inserting before the pe-
riod at the end the following: ‘‘, and such rec-
ommendations as the Secretary considers necessary 
for improving the extent and effectiveness of the use 
of such authorities in the future’’; and 
(2) by striking paragraph (3) and inserting the 
following new paragraphs: 
‘‘(3) A review of activities of the Secretary 
under this subchapter during such preceding fiscal 
year, shown for military family housing, military un-
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accompanied housing, dual military family housing 
and military unaccompanied housing, and ancillary 
supporting facilities. 
‘‘(4) If a contract for the acquisition or con-
struction of military family housing, military unac-
companied housing, or dual military family housing 
and military unaccompanied housing entered into 
during the preceding fiscal year did not include the 
acquisition or construction of the types of ancillary 
supporting facilities specifically referred to in section 
2871(1) of this title, a explanation of the reasons 
why such ancillary supporting facilities were not in-
cluded. 
‘‘(5) A description of the Secretary’s plans for 
housing privatization activities under this subchapter 
(A) during the fiscal year for which the budget is 
submitted, and (B) during the period covered by the 
then-current future-years defense plan under section 
221 of this title.’’.
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SEC. 2805. AUTHORITY TO CONVEY PROPERTY AT MILITARY 
INSTALLATIONS CLOSED OR TO BE CLOSED 
IN EXCHANGE FOR MILITARY CONSTRUCTION 
ACTIVITIES. 
(a) IN GENERAL.—(1) Subchapter III of chapter 169 
of title 10, United States Code, is amended by adding at 
the end the following new section: 
‘‘§ 2869. Conveyance of property at military installa-
tions closed or to be closed in exchange 
for military construction activities 
‘‘(a) CONVEYANCE AUTHORIZED; CONSIDERATION.—
The Secretary of Defense may enter into an agreement 
to convey real property, including any improvements 
thereon, located on a military installation that is closed 
or realigned under a base closure law to any person who 
agrees, in exchange for the real property—
‘‘(1) to carry out, or provide services in connec-
tion with, an authorized military construction 
project; or 
‘‘(2) to transfer to the Secretary of Defense 
housing that is constructed or provided by the per-
son and located at or near a military installation at 
which there is a shortage of suitable military family 
housing or military unaccompanied housing (or 
both).
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‘‘(b) CONDITIONS ON CONVEYANCE AUTHORITY.—A 
conveyance of real property may be made under subsection 
(a) only if—
‘‘(1) the fair market value of the consideration 
to be received in exchange for the real property con-
veyed under subsection (a) is equal to or greater 
than the fair market value of the property, including 
any improvements thereon, as determined by the 
Secretary concerned; and 
‘‘(2) in the event the fair market value of the 
consideration to be received is equal to at least 90 
percent, but less than 100 percent, of the fair mar-
ket value of the real property to be conveyed, includ-
ing any improvements thereon, the recipient of the 
property agrees to pay to the Secretary of Defense 
an amount equal to the difference in the fair market 
values. 
‘‘(c) USE OF AUTHORITY.—(1) To the maximum ex-
tent practicable, the Secretary of Defense shall use the 
authority provided by subsection (a) to convey at least 20 
percent of the total acreage conveyed each fiscal year at 
military installations closed or realigned under the base 
closure laws. Notice of the proposed use of this authority 
shall be provided in such manner as the Secretary may 
prescribe, including publication in the Federal Register
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and otherwise. In determining such total acreage for a fis-
cal year, the Secretary shall exclude real property identi-
fied in a redevelopment plan as property essential to the 
reuse or redevlopment of a military installation closed or 
to be closed under a base closure law. 
‘‘(2) To the maximum extent practicable, the Sec-
retary of Defense shall endeavor to use the authority pro-
vided by subsection (a) to obtain military construction and 
military housing services having a total value of at least 
$200,000,000 each fiscal year for each of the military de-
partments. 
‘‘(3) The Secretary concerned shall utilize the author-
ity provided in subsection (a) in lieu of obligating and ex-
pending funds appropriated for military construction and 
military housing projects that are authorized by law. 
‘‘(d) DEPOSIT OF FUNDS.—The Secretary of Defense 
may deposit funds received under subsection (b)(2) in the 
Department of Defense Housing Improvement Fund es-
tablished under section 2883(a) of this title. 
‘‘(e) ANNUAL REPORT.—The Secretary of Defense 
shall include each year in the materials that the Secretary 
submits to Congress in support of the budget submitted 
by the President pursuant to section 1105 of title 31 a 
report detailing the extent to which the Secretary used the 
authority provided by subsection (a) to convey real prop-
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erty in exchange for military construction and military 
housing and plans for the use of such authority for the 
future. The report shall include the following: 
‘‘(1) The total value of the real property that 
was actually conveyed during the preceding fiscal 
year using the authority provided by subsection (a). 
‘‘(2) The total value of the military construction 
and military housing services obtained in exchange, 
and, if the dollar goal specified in subsection (c)(2) 
was not achieved for a military department, an ex-
planation regarding the reasons why the goal was 
not achieved. 
‘‘(3) The current inventory of unconveyed lands 
at military installations closed or realigned under a 
base closure law. 
‘‘(4) A description of the results of conveyances 
under subsection (a) during the preceding fiscal year 
and plans for such conveyances for the current fiscal 
year, the fiscal year covered by the budget, and the 
period covered by the current future-years defense 
program under section 221 of this title. 
‘‘(f) DESCRIPTION OF PROPERTY.—The exact acre-
age and legal description of real property conveyed under 
subsection (a) shall be determined by surveys satisfactory 
to the Secretary of Defense.
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‘‘(g) ADDITIONAL TERMS AND CONDITIONS.—The 
Secretary of Defense may require such additional terms 
and conditions in connection with a conveyance under sub-
section (a) as the Secretary considers appropriate to pro-
tect the interests of the United States.’’. 
(2) The table of sections at the beginning of such sub-
chapter is amended by adding at the end the following 
new item:
‘‘2869. Conveyance of property at military installations closed or to be closed 
in exchange for military construction activities.’’.
(b) EXCEPTION TO REQUIREMENT FOR AUTHORIZA-
TION OF NUMBER OF HOUSING UNITS.—Section 2822(b) 
of such title is amended by adding at the end the following 
new paragraph: 
‘‘(6) Housing units constructed or provided 
under section 2869 of this title.’’. 
(c) CONFORMING AMENDMENT TO DEPARTMENT OF 
DEFENSE
HOUSING
IMPROVEMENT
FUND.—Section 
2883(b) of such title, as amended by section 2803, is fur-
ther amended by adding at the end the following new para-
graph: 
‘‘(6) Any amounts that the Secretary concerned 
transfers to the Fund pursuant to section 2869 of 
this title.’’. 
(d) CONFORMING
REPEALS
TO
BASE
CLOSURE 
LAWS.—(1) Section 204(e) of the Defense Authorization
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Amendments and Base Closure and Realignment Act 
(Public Law 100–526; 10 U.S.C. 2687 note) is repealed. 
(2) Section 2905(f) of the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public 
Law 101–510; 10 U.S.C. 2687 note) is repealed.
SEC. 2806. CONGRESSIONAL NOTIFICATION AND REPORT-
ING REQUIREMENTS AND LIMITATIONS RE-
GARDING USE OF OPERATION AND MAINTE-
NANCE FUNDS FOR CONSTRUCTION. 
(a) IN GENERAL.—Subchapter I of chapter 169 of 
title 10, United States Code, is amended by inserting after 
section 2809 the following new section: 
‘‘§ 2810. Use of operation and maintenance funds for 
construction: notification and reporting 
requirements and limitations 
‘‘(a) ADVANCE NOTIFICATION OF OBLIGATION OF 
FUNDS.—(1) The Secretary concerned shall submit to the 
appropriate committees of Congress advance written no-
tice before appropriations available for operation and 
maintenance are obligated for construction described in 
paragraph (2). The notice shall be submitted not later 
than 14 days before the date on which appropriations 
available for operation and maintenance are first obligated 
for that construction and shall contain the information re-
quired by subsection (c).
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‘‘(2) Paragraph (1) applies with respect to any con-
struction having an estimated total cost of more than 
$1,500,000, but not more than $5,000,000, which is paid 
for in whole or in part using appropriations available for 
operation and maintenance, if—
‘‘(A) the construction is necessary to meet ur-
gent military operational requirements of a tem-
porary nature; 
‘‘(B) the construction was not carried out at a 
military installation where the United States is rea-
sonably expected to have a long-term interest or 
presence; 
‘‘(C) the United States has no intention of 
using the construction after the operational require-
ment has been satisfied; and 
‘‘(D) the level of construction is the minimum 
necessary to meet the temporary operational need. 
‘‘(b) WAIVER AUTHORITY; CONGRESSIONAL NOTIFI-
CATION.—(1) The Secretary concerned may waive the ad-
vance notice requirement under subsection (a) on a case-
by-case basis if the Secretary determines that—
‘‘(A) the project is vital to the national security 
or to the protection of health, safety, or the quality 
of the environment; and
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‘‘(B) the requirement for the construction is so 
urgent that deferral of the construction during the 
period specified in subsection (a)(1) would be incon-
sistent with national security or the protection of 
health, safety, or environmental quality, as the case 
may be. 
‘‘(2) Not later than five days after the date on which 
a waiver is granted under paragraph (1), the Secretary 
concerned shall provide to the appropriate committees of 
Congress written notice containing the reasons for the 
waiver and the information required by subsection (c) with 
regard to the construction for which the waiver was grant-
ed. 
‘‘(c) CONTENT
OF NOTICE.—The notice provided 
under subsection (a) or (b) with regard to construction 
funded using appropriations available for operation and 
maintenance shall include the following: 
‘‘(1) A description of the purpose for which the 
funds are being obligated. 
‘‘(2) An estimate of the total amount to be obli-
gated for the construction. 
‘‘(3) The reasons appropriations available for 
operation and maintenance are being used. 
‘‘(d) LIMITATIONS
ON USE
OF OPERATION
AND 
MAINTENANCE FUNDS.—(1) The Secretary concerned
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shall not use appropriations available for operation and 
maintenance to carry out any construction having an esti-
mated total cost of more than $5,000,000. 
‘‘(2) The total cost of construction carried out by the 
Secretaries concerned in whole or in part using appropria-
tions available for operation and maintenance shall not ex-
ceed $200,000,000 in any fiscal year. 
‘‘(e) QUARTERLY
REPORT.—The Secretary con-
cerned shall submit to the appropriate committees of Con-
gress a quarterly report on the worldwide obligation and 
expenditure of appropriations available for operation and 
maintenance by the Secretary concerned for construction 
during the preceding quarter.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such subchapter is amended by insert-
ing after the item relating to section 2809 the following 
new item:
‘‘2810. Use of operation and maintenance funds for construction: notification 
and reporting requirements and limitations.’’.
SEC. 2807. INCREASE IN AUTHORIZED MAXIMUM LEASE 
TERM FOR FAMILY HOUSING AND OTHER FA-
CILITIES IN CERTAIN FOREIGN COUNTRIES. 
(a) LEASE OF MILITARY FAMILY HOUSING.—Section 
2828(d)(1) of title 10, United States Code, is amended 
by striking ‘‘ten years,’’ and inserting ‘‘10 years, or 15 
years in the case of leases in Korea,’’.
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(b) LEASES OF OTHER FACILITIES.—Section 2675 
of such title is amended by inserting after ‘‘five years,’’ 
the following: ‘‘or 15 years in the case of a lease in 
Korea,’’. 
SEC. 2808. ANNUAL REPORT ON MILITARY CONSTRUCTION 
REQUIREMENTS TO SUPPORT HOMELAND DE-
FENSE MISSIONS OF THE ARMED FORCES. 
As part of the annual defense authorization request 
required by section 113a(b) of title 10, United States 
Code, the Secretary of Defense shall include an assess-
ment of the military construction requirements anticipated 
to be necessary to support the homeland defense missions 
of the Armed Forces for the fiscal year for which the de-
fense authorization request is submitted, for the fiscal 
years covered by the then-current future-years defense 
plan under section 221 of such title, and for subsequent 
fiscal years.
Subtitle B—Real Property and 
Facilities Administration
SEC. 2811. REAL PROPERTY TRANSACTIONS. 
(a) INCREASE IN LAND ACQUISITION AUTHORITY 
COST THRESHOLD.—Section 2672 of title 10, United 
States Code, is amended by striking ‘‘$500,000’’ both 
places it appears and inserting ‘‘$1,500,000’’.
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(b) PROMPT NOTIFICATION OF CERTAIN LAND AC-
QUISITIONS.—Section 2672a of such title is amended—
(1) in subsection (a)(1), by striking ‘‘he or his 
designee’’ and inserting ‘‘the Secretary’’; 
(2) in subsection (b), by striking the last sen-
tence; and 
(3) by adding at the end the following new sub-
section: 
‘‘(c) Not later than 10 days after the determination 
is made under subsection (a)(1) that acquisition of an in-
terest in land is needed in the interest of the national de-
fense, the Secretary of the military department making 
that determination shall provide to the Committee on 
Armed Services of the Senate and the Committee on 
Armed Services of the House of Representatives written 
notice containing a description of the property and interest 
to be acquired and the reasons for the acquisition.’’. 
(c) MODIFICATION OF RELATED NOTIFICATION RE-
QUIREMENTS.—Section 2662 of such title is amended—
(1) in subsection (a)—
(A) by striking ‘‘30 days’’ and all that fol-
lows through ‘‘is submitted’’ and inserting ‘‘14 
days after the beginning of the month with re-
spect to which a single report containing the 
facts concerning such transaction and all other
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such proposed transactions for that month is 
submitted, not later than the first day of that 
month,’’; and 
(B) by striking ‘‘$500,000’’ each place it 
appears and inserting ‘‘$1,500,000’’; 
(2) in subsection (b), by striking ‘‘more than’’ 
and all that follows through ‘‘$500,000’’ and insert-
ing ‘‘more than $250,000 but not more than 
$1,500,000’’; 
(3) in subsection (e)—
(A) by striking ‘‘$500,000’’ and inserting 
‘‘$1,000,000’’; and 
(B) by striking ‘‘thirty days’’ and inserting 
‘‘14 days’’; and 
(4) in subsection (g)(3), by striking ‘‘30 days’’ 
and inserting ‘‘14 days’’. 
(d) CLERICAL AMENDMENTS.—(1) The heading of 
section 2672 of such title is amended to read as follows: 
‘‘§ 2672. Authority to acquire low-cost interests in 
land’’. 
(2) The item relating to section 2672 in the table of 
sections at the beginning of chapter 159 of such title is 
amended to read as follows:
‘‘2672. Authority to acquire low-cost interests in land.’’.
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SEC. 2812. SENSE OF CONGRESS ON DEMOLITION OF ARMY 
TACONY WAREHOUSE DEPOT SITE, PHILA-
DELPHIA, PENNSYLVANIA. 
(a) FINDINGS.—Congress finds the following: 
(1) The Department of Defense Appropriations 
Act, 2001 (Public Law 106–259; 114 Stat. 656), 
appropriated $5,000,000 for the demolition of the 
Army Tacony Warehouse depot site in Philadelphia, 
Pennsylvania, operated by Fort Dix. 
(2) The Secretary of the Army has yet to imple-
ment plans to demolish the Tacony warehouse. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of the Army should take swift 
action to finally demolish the Tacony warehouse, as pre-
viously required by Act of Congress.
Subtitle C—Land Conveyances
SEC. 2821. TERMINATION OF LEASE AND CONVEYANCE OF 
ARMY RESERVE FACILITY, CONWAY, ARKAN-
SAS. 
(a) TERMINATION OF LEASE.—Upon the completion 
of the replacement facility authorized for the Army Re-
serve facility located in Conway, Arkansas, the Secretary 
of the Army may terminate the 99-year lease between the 
Secretary and the University of Central Arkansas for the 
property on which the old facility is located.
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(b) CONVEYANCE OF FACILITY.—As part of the ter-
mination of the lease under subsection (a), the Secretary 
may convey, without consideration, to the University of 
Central Arkansas all right, title, and interest of the United 
States in and to the Army Reserve facility located on the 
leased property. 
(c) ASSUMPTION OF LIABILITY.—The University of 
Central Arkansas shall expressly accept any and all liabil-
ity pertaining to the physical condition of the Army Re-
serve facility conveyed under subsection (b) and shall hold 
the United States harmless from any and all liability aris-
ing from the facility’s physical condition. 
SEC. 2822. ACTIONS TO QUIET TITLE, FALLIN WATERS SUB-
DIVISION, EGLIN AIR FORCE BASE, FLORIDA. 
(a) AUTHORITY
TO QUIET TITLE.—(1) Notwith-
standing the restoration provisions under the heading 
‘‘QUARTERMASTER CORPS’’ in the Second Deficiency Ap-
propriation Act, 1940 (Act of June 27, 1940; chapter 437; 
54 Stat. 655), the Secretary of the Air Force may take 
appropriate action to quiet title to tracts of land referred 
to in paragraph (2) on, at, adjacent, adjoining, or near 
Eglin Air Force Base, Florida. The Secretary may take 
such action in order to resolve encroachments upon private 
property by the United States and upon property of the
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United States by private parties, which resulted from reli-
ance on inaccurate surveys. 
(2) The tracts of land referred to in paragraph (1) 
are generally described as south of United States Highway 
98 and bisecting the north/south section line of sections 
13 and 14, township 2 south, range 25 west, located in 
the platted subdivision of Fallin Waters, Okaloosa County, 
Florida. The exact acreage and legal description of such 
tracts of land shall be determined by a survey satisfactory 
to the Secretary. 
(b) AUTHORIZED ACTIONS.—In carrying out sub-
section (a), appropriate action by the Secretary may in-
clude any of the following: 
(1) Disclaiming, on behalf of the United States, 
any intent by the United States to acquire by pre-
scription any property at or in the vicinity of Eglin 
Air Force Base. 
(2) Disposing of tracts of land owned by the 
United States. 
(3) Acquiring tracts of land by purchase, by do-
nation, or by exchange for tracts of land owned by 
the United States at or adjacent to Eglin Air Force 
Base. 
(c) ACREAGE LIMITATIONS.—Individual tracts of 
land acquired or conveyed by the Secretary under para-
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graph (2) or (3) of subsection (a) may not exceed .10 
acres. The total acreage so acquired may not exceed two 
acres. 
(d) CONSIDERATION.—Any conveyance by the Sec-
retary under this section may be made, at the discretion 
of the Secretary, without consideration, or by exchange for 
tracts of land adjoining Eglin Air Force Base in posses-
sion of private parties who mistakenly believed that they 
had acquired title to such tracts. 
SEC. 2823. MODIFICATION OF LAND CONVEYANCE, EGLIN 
AIR FORCE BASE, FLORIDA. 
(a) MODIFICATION.—Public Law 91–347 (84 Stat. 
447) is amended—
(1) in the first section, by inserting ‘‘or for 
other public purposes’’ before the period at the end; 
and 
(2) in section 3(1)—
(A) by inserting ‘‘or for other public pur-
poses’’ after ‘‘schools’’; and 
(B) by striking ‘‘such purpose’’ and insert-
ing ‘‘such a purpose’’. 
(b) ALTERATION OF LEGAL INSTRUMENT.—The Sec-
retary of the Air Force shall execute and file in the appro-
priate office an amended deed or other appropriate instru-
ment effectuating the modification of the reversionary in-
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terest retained by the United States in connection with 
the conveyance made pursuant to Public Law 91–347.
SEC. 2824. LAND CONVEYANCE, FORT CAMPBELL, KEN-
TUCKY AND TENNESSEE. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of 
the Army may convey to the department of transportation 
of the State of Tennessee (in this section referred to as 
the ‘‘department’’) all right, title, and interest of the 
United States in and to a parcel of real property (right-
of-way), including any improvements thereon, located at 
Fort Campbell, Kentucky and Tennessee, for the purpose 
of realigning and upgrading United States Highway 79 
from a two-lane highway to a four-lane highway. 
(b) CONSIDERATION.—(1) As consideration for the 
conveyance under subsection (a), the department shall pay 
from any source (including Federal funds made available 
to the State from the Highway Trust Fund) all of the 
costs of the Secretary incurred—
(A) to convey the property, including costs re-
lated to the preparation of documents under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), surveys (including all surveys required 
under subsection (c)), cultural reviews, and adminis-
trative oversight;
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(B) to relocate a cemetery to permit the high-
way realignment and upgrading; 
(C) to acquire approximately 200 acres of mis-
sion-essential replacement property required to sup-
port the training mission at Fort Campbell; and 
(D) to dispose of residual Federal property lo-
cated south of the realigned highway. 
(2) The Secretary may accept funds under this sub-
section from the Federal Highway Administration or the 
State of Tennessee to pay costs described in paragraph 
(1) and credit them to the appropriate Department of the 
Army accounts for the purpose of paying such costs. 
(3) All funds accepted by the Secretary under this 
subsection shall remain available until expended. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the property to be conveyed under 
subsection (a) or acquired and disposed of under section 
(b) shall be determined by surveys satisfactory to the Sec-
retary. 
(d) ADDITIONAL TERMS
AND CONDITIONS.—The 
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection 
(a) as the Secretary considers appropriate to protect the 
interests of the United States.
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SEC. 2825. LAND CONVEYANCE, ARMY AND AIR FORCE EX-
CHANGE 
SERVICE 
PROPERTY, 
DALLAS, 
TEXAS. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of 
Defense may authorize the Army and Air Force Exchange 
Service, a nonappropriated fund instrumentality of the 
United States, to convey, by sale, all right, title, and inter-
est of the United States in and to a parcel of real property, 
including any improvements thereon, located at 1515 
Roundtable Drive in Dallas, Texas. 
(b) CONSIDERATION.—As consideration for convey-
ance under subsection (a), the purchaser shall pay to the 
Secretary, in a single lump sum payment, an amount 
equal to the fair market value of the real property con-
veyed, as determined by the Secretary. Section 574(a) of 
title 40, United States Code, shall apply with respect to 
the amounts received by the Secretary under this sub-
section. 
(c) 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 purchaser. 
(d) ADDITIONAL TERMS
AND CONDITIONS.—The 
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
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(a) as the Secretary considers appropriate to protect the 
interests of the United States. 
SEC. 2826. LAND CONVEYANCE, NAVAL RESERVE CENTER, 
ORANGE, TEXAS. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of 
the Navy may convey to the City of Orange, Texas (in 
this section referred to as the ‘‘City’’), all right, title, and 
interest of the United States in and to a parcel of unim-
proved real property consisting of approximately 2.5 acres 
at Naval Reserve Center, Orange, Texas for the purpose 
of permitting the City to use the property for road con-
struction, economic development, and other public pur-
poses. 
(b) CONSIDERATION.—As consideration for the con-
veyance under subsection (a), the City shall provide the 
United States, whether by cash payment, in-kind contribu-
tion, or a combination thereof, an amount that is not less 
than the fair market value, as determined by the Sec-
retary, of the property conveyed under such subsection. 
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The 
Secretary may require the City to cover costs to be in-
curred by the Secretary, or to reimburse the Secretary for 
costs incurred by the Secretary, to carry out the convey-
ance under subsection (a), including survey costs, costs re-
lated to environmental documentation, and other adminis-
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trative costs related to the conveyance. If amounts are col-
lected from the City in advance of the Secretary incurring 
the actual costs, and the amount collected exceeds the 
costs actually incurred by the Secretary to carry out the 
conveyance, the Secretary shall refund the excess amount 
to the City. 
(2) Amounts received as reimbursement under para-
graph (1) shall be credited to the fund or account that 
was used to cover the costs incurred by the Secretary in 
carrying out the conveyance. Amounts so credited shall be 
merged with amounts in such fund or account, and shall 
be available for the same purposes, and subject to the 
same conditions and limitations, as amounts in such fund 
or account. 
(d) EXEMPTION FROM FEDERAL SCREENING.—The 
conveyance authorized by subsection (a) is exempt from 
the requirement to screen the property for other Federal 
use pursuant to sections 2693 and 2696 of title 10, United 
States Code. 
(e) 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. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
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in connection with the conveyance under subsection (a) as 
the Secretary considers appropriate to protect the inter-
ests of the United States. 
SEC. 2827. LAND CONVEYANCE, FORT BELVOIR, VIRGINIA. 
(a) CONVEYANCE REQUIRED.—The Secretary of the 
Army shall convey, without consideration, to Fairfax 
County, Virginia (in this section referred to as the ‘‘Coun-
ty’’), all right, title, and interest of the United States in 
and to a parcel of real property, including any improve-
ments thereon, consisting of approximately 10 acres at 
Fort Belvoir and known as the John McNaughton Memo-
rial baseball fields for the purpose of permitting the Coun-
ty to use the property for recreational purposes. 
(b) PAYMENT OF COSTS OF CONVEYANCE.—(1) The 
Secretary may require the County to cover costs to be in-
curred by the Secretary, or to reimburse the Secretary for 
costs incurred by the Secretary, to carry out the convey-
ance under subsection (a), including survey costs, costs re-
lated to environmental documentation, and other adminis-
trative costs related to the conveyance. If amounts are col-
lected from the County in advance of the Secretary incur-
ring the actual costs, and the amount collected exceeds 
the costs actually incurred by the Secretary to carry out 
the conveyance, the Secretary shall refund the excess 
amount to the County.
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(2) Amounts received as reimbursement under para-
graph (1) shall be credited to the fund or account that 
was used to cover the costs incurred by the Secretary in 
carrying out the conveyance. Amounts so credited shall be 
merged with amounts in such fund or account, and shall 
be available for the same purposes, and subject to the 
same conditions and limitations, as amounts in such fund 
or account. 
(c) 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. 
(d) ADDITIONAL TERMS
AND CONDITIONS.—The 
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection 
(a) as the Secretary considers appropriate to protect the 
interests of the United States. 
SEC. 2828. LAND CONVEYANCE, PUGET SOUND NAVAL SHIP-
YARD, BREMERTON, WASHINGTON. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of 
the Navy may convey to the City of Bremerton, Wash-
ington (in this section referred to as the ‘‘City’’), all right, 
title, and interest of the United States in and to a parcel 
of real property, including any improvements thereon, con-
sisting of approximately 2.8 acres at the eastern end of
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the Puget Sound Naval Shipyard, Bremerton, Wash-
ington, immediately adjacent to the Bremerton Transpor-
tation Center. 
(b) CONSIDERATION.—As consideration for the con-
veyance under subsection (a), the City, directly or through 
an agreement with another entity, shall replace adminis-
trative space on the parcel to be conveyed by renovating 
for new occupancy approximately 7,500 square feet of ex-
isting space in Building 433 at Naval Station, Bremerton, 
Washington, at no cost to the United States, in accord-
ance with plans and specifications acceptable to the Sec-
retary. In lieu of any portion of such renovation, the Sec-
retary may accept other facility alteration or repair of not 
less than equal value. 
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The 
Secretary shall require the City to cover costs to be in-
curred by the Secretary, or to reimburse the Secretary for 
costs incurred by the Secretary, to carry out the convey-
ance under subsection (a), including survey costs, costs re-
lated to environmental documentation, and other adminis-
trative costs related to the conveyance. If amounts are col-
lected from the City in advance of the Secretary incurring 
the actual costs, and the amount collected exceeds the 
costs actually incurred by the Secretary to carry out the
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conveyance, the Secretary shall refund the excess amount 
to the City. 
(2) Amounts received as reimbursement under para-
graph (1) shall be credited to the fund or account that 
was used to cover the costs incurred by the Secretary in 
carrying out the conveyance. Amounts so credited shall be 
merged with amounts in such fund or account, and shall 
be available for the same purposes, and subject to the 
same conditions and limitations, as amounts in such fund 
or account. 
(d) ENVIRONMENTAL CONDITIONS.—The Secretary 
may use funds available in the Environmental Restoration 
Account, Navy to carry out the environmental remediation 
of the real property to be conveyed under subsection (a). 
Such environmental remediation shall be conducted in a 
manner consistent with section 120 of the Comprehensive 
Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9620), including the requirement to 
consider the anticipated future land use of the parcel. 
(e) EXEMPTION FROM FEDERAL SCREENING.—The 
conveyance authorized by subsection (a) is exempt from 
the requirement to screen the property for other Federal 
use pursuant to sections 2693 and 2696 of title 10, United 
States Code.
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(f) 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. 
(g) ADDITIONAL TERMS
AND CONDITIONS.—The 
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection 
(a) as the Secretary considers appropriate to protect the 
interests of the United States. 
Subtitle D—Other Matters
SEC. 2841. REDESIGNATION OF YUMA TRAINING RANGE 
COMPLEX AS BOB STUMP TRAINING RANGE 
COMPLEX. 
The military aviation training facility located in 
southwestern Arizona and southeastern California and 
known as the Yuma Training Range Complex shall be 
known and designated as the ‘‘Bob Stump Training Range 
Complex’’. Any reference to such training range complex 
in any law, regulation, map, document, record, or other 
paper of the United States shall be considered to be a ref-
erence to the Bob Stump Training Range Complex.
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SEC. 2842. MODIFICATION OF AUTHORITY TO CONDUCT A 
ROUND OF REALIGNMENTS AND CLOSURES 
OF MILITARY INSTALLATIONS IN 2005. 
(a) REVISION
TO FORCE STRUCTURE PLAN
FOR 
2005 ROUND.—Section 2912(a) of the Defense Base Clo-
sure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101–510; 10 U.S.C. 2687 note), as added 
by section 3001 of the National Defense Authorization Act 
for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 
1342), is amended—
(1) by striking subparagraph (A) of paragraph 
(1) and inserting the following: 
‘‘(A) A force-structure plan for the Armed 
Forces that—
‘‘(i) at a minimum, assumes the force 
structure under the 1991 Base Force force 
structure (as defined in paragraph (5)) 
that is also known as the ‘Cheney-Powell 
force structure’; and 
‘‘(ii) includes such consideration as 
the Secretary considers appropriate of an 
assessment by the Secretary of—
‘‘(I) the probable threats to the 
national security during the 20-year 
period beginning with fiscal year 
2005;
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‘‘(II) the probable end-strength 
levels and major military force units 
(including land force divisions, carrier 
and other major combatant vessels, 
air wings, and other comparable 
units) needed to meet those threats; 
and 
‘‘(III) the anticipated levels of 
funding that will be available for na-
tional defense purposes during such 
period.’’; 
(2) in paragraph (2)(A), by inserting before the 
period at the end the following: ‘‘, based upon an as-
sumption that there are no installations available 
outside the United States for the permanent basing 
of elements of the Armed Forces’’; 
(3) in paragraph (4), by inserting after the first 
sentence the following new sentence: ‘‘Any such revi-
sion shall be consistent with this subsection.’’; and 
(4) by adding at the end the following new 
paragraph: 
‘‘(5) BASE
FORCE.—In this subsection, the 
term ‘1991 Base Force force structure’ means the 
force structure plan for the Armed Forces, known as 
the ‘Base Force’, that was adopted by the Secretary
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of Defense in November 1990 based upon rec-
ommendations of the Chairman of the Joint Chiefs 
of Staff and as incorporated in the President’s budg-
et for fiscal year 1992, as submitted to Congress in 
February 1991 and that assumed the following force 
structure: 
‘‘(A) For the Department of Defense, 
1,600,000 members of the Armed Forces on ac-
tive duty and 900,000 members in an active 
status in the reserve components. 
‘‘(B) For the Army, 12 active divisions, six 
National Guard divisions, and two cadre divi-
sions or their equivalents. 
‘‘(C) For the Navy, 12 aircraft carrier bat-
tle groups or their equivalents and 451 naval 
vessels, including 85 attack submarines. 
‘‘(D) For the Marine Corps, three active 
and one Reserve divisions and three active and 
one Reserve air wings. 
‘‘(E) For the Air Force, 15 active fighter 
wings and 11 National Guard fighter wings or 
their equivalents.’’.
(b) PREPARATION OF LIST OF MILITARY INSTALLA-
TIONS
EXCLUDED
FROM
CONSIDERATION
IN
2005 
ROUND.—Section 2913 of the Defense Base Closure and
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Realignment Act of 1990 (part A of title XXIX of Public 
Law 101–510; 10 U.S.C. 2687 note), as added by section 
3002 of the National Defense Authorization Act for Fiscal 
Year 2002 (Public Law 107–107; 115 Stat. 1344), is 
amended by adding at the end the following new sub-
sections: 
‘‘(g) BASE EXCLUSION CRITERIA.—In preparing the 
selection criteria required by this section that will be used 
in making recommendations for the closure or realignment 
of military installations inside the United States, the Sec-
retary shall ensure that the final criteria reflect the re-
quirement to develop a list of those military installations 
to be excluded from the base closure and realignment 
process, as provided in subsection (h). 
‘‘(h) LIST
OF INSTALLATIONS EXCLUDED FROM 
CONSIDERATION FOR CLOSURE OR REALIGNMENT.—(1) 
Before preparing the list required by section 2914(a) of 
the military installations inside the United States that the 
Secretary recommends for closure or realignment, the Sec-
retary shall prepare a list of core military installations 
that the Secretary considers absolutely essential to the na-
tional defense and that should not be considered for clo-
sure. 
‘‘(2) Not later than April 1, 2005, the Secretary shall 
submit to the congressional defense committees, publish
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in the Federal Register, and send to the Commission the 
list required by paragraph (1). The list shall contain at 
least 50 percent of the total number of military installa-
tions located inside the United States as of the date of 
the enactment of the National Defense Authorization Act 
for Fiscal Year 2004. 
‘‘(3) The Commission shall consider the list based on 
the final criteria developed under subsection (e). The Com-
mission may modify this list, in the manner provided in 
section 2903(d) and section 2914(d), if the Commission 
finds that the inclusion of a military installation on the 
list substantially violates the criteria. The Commission 
shall forward to the President, not later than April 30, 
2005, a report containing its recommendations regarding 
the list, which must comply with the percentages specified 
in paragraph (2). The Comptroller General shall also com-
ply with section 2903(d)(5) by that date. 
‘‘(4) If the Commission submits a report to the Presi-
dent under paragraph (3), the President shall notify Con-
gress, not later than May 10, 2005, regarding whether the 
President approves or disapproves the report. If the Presi-
dent disapproves the report, the Commission shall be dis-
solved, and the process by which military installations may 
be selected for closure or realignment under this part in 
2005 shall be terminated.
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‘‘(5) A military installation included on the exclusion 
list approved under this subsection may not be included 
on the closure and realignment list prepared under section 
2914(a) or otherwise considered for closure or realignment 
as part of the base closure process in 2005.’’.
SEC. 2843. USE OF FORCE-STRUCTURE PLAN FOR THE 
ARMED FORCES IN PREPARATION OF SELEC-
TION CRITERIA FOR BASE CLOSURE ROUND. 
Section 2913(a) of 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), as added by section 
3002 of the National Defense Authorization Act for Fiscal 
Year 2002 (Public Law 107–107; 115 Stat. 1344), is 
amended by adding at the end the following new para-
graph: 
‘‘(3) USE
OF
FORCE-STRUCTURE
PLAN.—In 
preparing the proposed and final criteria to be used 
by the Secretary in making recommendations under 
section 2914 for the closure or realignment of mili-
tary installations inside the United States, the Sec-
retary shall use the force-structure plan for the 
Armed Forces prepared under section 2912(a).’’.
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SEC. 2844. REQUIREMENT FOR UNANIMOUS VOTE OF DE-
FENSE BASE CLOSURE AND REALIGNMENT 
COMMISSION TO RECOMMEND CLOSURE OF 
MILITARY 
INSTALLATION 
NOT 
REC-
OMMENDED FOR CLOSURE BY SECRETARY 
OF DEFENSE. 
Section 2914(d) of 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), as added by section 
3003 of the Military Construction Authorization Act for 
Fiscal Year 2002 (division B of Public Law 107–107; 155 
Stat, 1346) and amended by section 2854 of the Bob 
Stump National Defense Authorization Act for Fiscal 
Year 2003 (Public Law 107–314; 116 Stat. 2728), is 
amended—
(1) in paragraph (3), by striking ‘‘TO ADD’’ and 
inserting ‘‘TO CONSIDER ADDITIONS’’; and 
(2) in paragraph (5)—
(A) by inserting ‘‘AND UNANIMOUS VOTE’’ 
after ‘‘SITE VISIT’’; and 
(B) by inserting before the period at the 
end the following: ‘‘and the decision of the 
Commission to recommend the closure of the 
installation is unanimous’’.
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SEC. 
2845. 
CONSIDERATION 
OF 
PUBLIC-ACCESS-ROAD 
ISSUES RELATED TO DISPOSAL OF PROP-
ERTY AT MILITARY INSTALLATIONS UNDER 
BASE CLOSURE PROCESS. 
(a) 1988 LAW.—Section 204(b)(2)(E) of the Defense 
Authorization Amendments and Base Closure and Re-
alignment Act (Public Law 100–526; 10 U.S.C. 2687 
note) is amended by adding at the end the following new 
sentence: ‘‘If a military installation to be closed or placed 
in an inactive status under this title includes a road used 
for public access through, into, or around the installation, 
the consultation required by this subparagraph shall in-
clude a discussion of measures to ensure the continued 
availability of the road for public use after the installation 
is closed or placed in an inactive status.’’. 
(b) 1990 LAW.—Section 2905(b)(2)(D) of the De-
fense Base Closure and Realignment Act of 1990 (part 
A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 
note) is amended by adding at the end the following new 
sentence: ‘‘If a military installation to be closed or placed 
in an inactive status under this part includes a road used 
for public access through, into, or around the installation, 
the consultation required by this subparagraph shall in-
clude a discussion of measures to ensure the continued 
availability of the road for public use after the installation 
is closed or placed in an inactive status.’’.
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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. NATIONAL NUCLEAR SECURITY ADMINISTRA-
TION. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2004 for the activities of 
the National Nuclear Security Administration in carrying 
out programs necessary for national security in the 
amount of $8,822,075,000, to be allocated as follows: 
(1) For weapons activities, $6,393,000,000. 
(2) For defense nuclear nonproliferation activi-
ties, $1,312,695,000. 
(3) For naval reactors, $768,400,000. 
(4) For the Office of the Administrator for Nu-
clear Security, $347,980,000. 
(b) AUTHORIZATION OF NEW PLANT PROJECTS.—
From funds referred to in subsection (a) that are available
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for carrying out plant projects, the Secretary of Energy 
may carry out, for weapons activities, the following new 
plant projects: 
Project 04–D–101, test capabilities revitaliza-
tion, Sandia National Laboratories, Albuquerque, 
New Mexico, $36,450,000. 
Project 04–D–102, exterior communications in-
frastructure modernization, Sandia National Labora-
tories, Albuquerque, New Mexico, $20,000,000. 
Project 04–D–103, project engineering and de-
sign, various locations, $2,000,000. 
Project 04–D–104, national security sciences 
building, Los Alamos National Laboratory, Los Ala-
mos, New Mexico, $38,000,000. 
Project 04–D–125, chemistry and metallurgy 
facility replacement project, Los Alamos National 
Laboratory, Los Alamos, New Mexico, $20,500,000. 
Project 04–D–126, Building 12-44 production 
cells upgrade, Pantex plant, Amarillo, Texas, 
$8,780,000. 
Project 04–D–127, cleaning and loading modi-
fications, Savannah River Site, Aiken, South Caro-
lina, $2,750,000.
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Project 04–D–128, TA–18 Mission relocation 
project, Los Alamos National Laboratory, Los Ala-
mos, New Mexico, $8,820,000. 
Project 04–D–203, facilities and infrastructure 
recapitalization program, project engineering and de-
sign, various locations, $3,719,000.
SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2004 for environmental 
management activities in carrying out programs necessary 
for national security in the amount of $6,819,314,000, to 
be allocated as follows: 
(1) For defense site acceleration completion, 
$5,824,135,000. 
(2) 
For 
defense 
environmental 
services, 
$995,179,000. 
(b) AUTHORIZATION OF NEW PLANT PROJECTS.—
From funds referred to in subsection (a) that are available 
for carrying out plant projects, the Secretary of Energy 
may carry out, for defense site acceleration completion, 
the following new plant projects: 
Project 04–D–408, glass waste storage building 
#2, Savannah River Site, Aiken, South Carolina, 
$20,259,000.
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Project 04–D–414, project engineering and de-
sign, various locations, $23,500,000. 
Project 04–D–423, 3013 container surveillance 
capability in 235-F, Savannah River Site, Aiken, 
South Carolina, $1,134,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2004 for other 
defense activities in carrying out programs necessary for 
national security in the amount of $497,331,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2004 for defense 
nuclear waste disposal 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 $430,000,000.
SEC. 3105. ENERGY SUPPLY. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2004 for energy 
supply activities in carrying out programs necessary for 
national security in the amount of $110,473,000.
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Subtitle 
B—Program 
Authoriza-
tions, Restrictions, and Limita-
tions
SEC. 3111. MODIFICATION OF PROHIBITION RELATING TO 
LOW-YIELD NUCLEAR WEAPONS. 
Section 3136 of the National Defense Authorization 
Act for Fiscal Year 1994 (42 U.S.C. 2121 note) is amend-
ed—
(1) in the section heading, by striking ‘‘RE-
SEARCH
AND
DEVELOPMENT’’ and inserting 
‘‘DEVELOPMENT AND PRODUCTION’’; 
(2) in subsection (a), by striking ‘‘conduct re-
search and development which could lead to the pro-
duction by the United States of’’ and insert ‘‘develop 
or produce’’; 
(3) in subsection (b)—
(A) by striking ‘‘conduct, or provide for 
the conduct of, research and development which 
could lead to the production by the United 
States of’’ and insert ‘‘develop, produce, or pro-
vide for the development or production of,’’; and 
(B) by striking ‘‘the date of the enactment 
of this Act,’’ and inserting ‘‘November 30, 
1993,’’; 
(4) in subsection (c)—
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(A) by striking ‘‘RESEARCH AND’’ in the 
subsection heading; 
(B) by striking ‘‘research and’’ in the mat-
ter preceding paragraph (1); and 
(C) by inserting ‘‘, including assessment of 
low-yield nuclear weapons development by other 
nations that may pose a national security risk 
to the United States’’ before the period at the 
end of paragraph (3); 
(5) by redesignating subsection (d) as sub-
section (e); and 
(6) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) EFFECT ON STUDIES AND DESIGN WORK.—
Nothing in this section shall prohibit the Secretary of En-
ergy from conducting, or providing for the conduct of, con-
cept definition studies, feasibility studies, or detailed engi-
neering design work.’’.
SEC. 3112. TERMINATION OF REQUIREMENT FOR ANNUAL 
UPDATES OF LONG-TERM PLAN FOR NU-
CLEAR WEAPONS STOCKPILE LIFE EXTEN-
SION PROGRAM. 
Section 3133 of the National Defense Authorization 
Act for Fiscal Year 2000 (42 U.S.C. 2121 note) is amend-
ed by adding at the end the following new subsection:
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‘‘(g) TERMINATION OF ANNUAL UPDATES.—Effec-
tive December 31, 2004, the requirements of subsections 
(c), (d), (e), and (f) shall terminate.’’.
SEC. 3113. EXTENSION TO ALL DOE FACILITIES OF AU-
THORITY TO PROHIBIT DISSEMINATION OF 
CERTAIN UNCLASSIFIED INFORMATION. 
Subsection a. of section 148 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2168) is amended in paragraph 
(1)—
(1) in the matter preceding subparagraph (A), 
by striking ‘‘, with respect to atomic energy defense 
programs,’’; 
(2) in subparagraph (A), by striking ‘‘produc-
tion facilities or utilization facilities’’ and inserting 
‘‘production facilities, utilization facilities, nuclear 
waste storage facilities, or uranium enrichment fa-
cilities, or any other facilities at which activities re-
lating to nuclear weapons or nuclear materials are 
carried out, that are under the control or jurisdic-
tion of the Secretary of Energy’’; and 
(3) in subparagraph (B), by striking ‘‘produc-
tion or utilization facilities’’ and inserting ‘‘such fa-
cilities’’.
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SEC. 3114. DEPARTMENT OF ENERGY PROJECT REVIEW 
GROUPS NOT SUBJECT TO FEDERAL ADVI-
SORY COMMITTEE ACT BY REASON OF INCLU-
SION OF EMPLOYEES OF DEPARTMENT OF 
ENERGY 
MANAGEMENT 
AND 
OPERATING 
CONTRACTORS. 
An officer or employee of a management and oper-
ating contractor of the Department of Energy, when serv-
ing as a member of a group reviewing or advising on mat-
ters related to any one or more management and operating 
contracts of the Department, shall be treated as an officer 
or employee of the Department for purposes of deter-
mining whether the group is an advisory committee within 
the meaning of section 3 of the Federal Advisory Com-
mittee Act (5 U.S.C. App.).
SEC. 3115. AVAILABILITY OF FUNDS. 
Section 3628 of the Bob Stump National Defense 
Authorization Act for Fiscal Year 2003 (Public Law 107–
314; 116 Stat. 2760; 42 U.S.C. 7386h) is amended to 
read as follows: 
‘‘SEC. 3628. AVAILABILITY OF FUNDS. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), amounts appropriated pursuant to a DOE national 
security authorization for a fiscal year—
‘‘(1) shall remain available to be expended only 
in that fiscal year and the two succeeding fiscal
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years, in the case of amounts for the National Nu-
clear Security Administration; and 
‘‘(2) may, when so specified in an appropria-
tions Act, remain available until expended, in all 
other cases. 
‘‘(b) PROGRAM DIRECTION.—Amounts appropriated 
pursuant to a DOE national security authorization for a 
fiscal year for program direction shall remain available to 
be obligated only until the end of that fiscal year.’’.
SEC. 3116. LIMITATION ON OBLIGATION OF FUNDS FOR NU-
CLEAR TEST READINESS PROGRAM. 
Not more than 40 percent of the funds made avail-
able to the Secretary of Energy for fiscal year 2004 for 
the Nuclear Test Readiness program of the Department 
of Energy may be obligated until—
(1) the Secretary of Energy submits to the 
Committees on Armed Services of the Senate and 
the House of Representatives the report required by 
section 3142(c) of the Bob Stump National Defense 
Authorization Act for Fiscal Year 2003 (Public Law 
107–314; 116 Stat. 2733), relating to plans for 
achieving enhanced readiness postures for resump-
tion by the United States of underground nuclear 
weapons tests; and
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(2) a period of 30 days has passed after the 
date on which such report is received by those com-
mittees.
SEC. 3117. REQUIREMENT FOR ON-SITE MANAGERS. 
(a) ON-SITE MANAGER REQUIREMENT.—Before obli-
gating any defense nuclear nonproliferation funds for a 
project described in subsection (b), the Secretary of En-
ergy shall appoint a United States Federal Government 
employee as an on-site manager. 
(b) PROJECTS COVERED.—Subsection (a) applies to 
a project—
(1) to be located in a state of the former Soviet 
Union; 
(2) which involves dismantlement, destruction, 
or storage facilities, or construction of a facility; and 
(3) with respect to which the total contribution 
by the Department of Energy is expected to exceed 
$25,000,000. 
(c) DUTIES
OF ON-SITE MANAGER.—The on-site 
manager appointed under subsection (a) shall—
(1) develop, in cooperation with representatives 
from governments of countries participating in the 
project, a list of those steps or activities critical to 
achieving the project’s disarmament or nonprolifera-
tion goals;
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(2) establish a schedule for completing those 
steps or activities; 
(3) meet with all participants to seek assur-
ances that those steps or activities are being com-
pleted on schedule; and 
(4) suspend United States participation in a 
project when a non-United States participant fails to 
complete a scheduled step or activity on time, unless 
directed by the Secretary of Energy to resume 
United States participation. 
(d) STEPS OR ACTIVITIES.—Steps or activities re-
ferred to in subsection (c)(1) are those activities that, if 
not completed, will prevent a project from achieving its 
disarmament or nonproliferation goals, including, at a 
minimum, the following: 
(1) Identification and acquisition of permits (as 
defined in subsection (f)). 
(2) Verification that the items, substances, or 
capabilities to be dismantled, secured, or otherwise 
modified are available for dismantlement, securing, 
or modification. 
(3) Timely provision of financial, personnel, 
management, transportation, and other resources. 
(e) NOTIFICATION TO CONGRESS.—In any case in 
which the Secretary of Energy directs an on-site manager
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to resume United States participation in a project under 
subsection (c)(4), the Secretary shall concurrently notify 
Congress of such direction. 
(f) PERMIT DEFINED.—In this section, the term 
‘‘permit’’ means any local or national permit for develop-
ment, general construction, environmental, land use, or 
other purposes that is required in the state of the former 
Soviet Union in which the project is being or is proposed 
to be carried out. 
(g) EFFECTIVE DATE.—This section shall take effect 
six months after the date of the enactment of this Act.
Subtitle C—Consolidation of 
National Security Provisions 
SEC. 3121. TRANSFER AND CONSOLIDATION OF RECURRING 
AND GENERAL PROVISIONS ON DEPARTMENT 
OF ENERGY NATIONAL SECURITY PROGRAMS. 
(a) PURPOSE.—
(1) IN GENERAL.—The purpose of this section 
is to assemble together, without substantive amend-
ment but with technical and conforming amend-
ments of a non-substantive nature, recurring and 
general provisions of law on Department of Energy 
national security programs that remain in force in 
order to consolidate and organize such provisions of
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law into a single Act intended to comprise general 
provisions of law on such programs. 
(2) 
CONSTRUCTION
OF
TRANSFERS.—The 
transfer of a provision of law by this section shall 
not be construed as amending, altering, or otherwise 
modifying the substantive effect of such provision. 
(3) COORDINATION
WITH
OTHER
AMEND-
MENTS.—For purposes of applying amendments 
made by provisions of this Act other than provisions 
of this section, this section shall be treated as having 
been enacted immediately after the other provisions 
of this Act. 
(4) TREATMENT
OF
SATISFIED
REQUIRE-
MENTS.—Any requirement in a provision of law 
transferred under this section (including a require-
ment that an amendment to law be executed) that 
has been fully satisfied in accordance with the terms 
of such provision of law as of the date of transfer 
under this section shall be treated as so fully satis-
fied, and shall not be treated as being revived solely 
by reason of transfer under this section. 
(5) CLASSIFICATION.—The provisions of the 
Atomic Energy Defense Act, as amended by this sec-
tion, shall be classified to the United States Code as 
a new chapter of title 50, United States Code.
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(b) DIVISION HEADING.—The Bob Stump National 
Defense Authorization Act for Fiscal Year 2003 (Public 
Law 107–314) is amended by adding at the end the fol-
lowing new division heading: 
‘‘DIVISION D—ATOMIC ENERGY 
DEFENSE PROVISIONS’’. 
(c) SHORT TITLE; DEFINITION.—
(1) SHORT TITLE.—Section 3601 of the Atomic 
Energy Defense Act (title XXXVI of Public Law 
107–314; 116 Stat. 2756) is—
(A) transferred to the end of the Bob 
Stump National Defense Authorization Act for 
Fiscal Year 2003; 
(B) redesignated as section 4001; 
(C) inserted after the heading for division 
D of the Bob Stump National Defense Author-
ization Act for Fiscal Year 2003, as added by 
subsection (b); and 
(D) amended by striking ‘‘title’’ and in-
serting ‘‘division’’. 
(2) DEFINITION.—Division D of the Bob 
Stump National Defense Authorization Act for Fis-
cal Year 2003, as amended by this section, is fur-
ther amended by adding at the end the following 
new section:
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‘‘SEC. 4002. DEFINITION. 
‘‘In this division, the term ‘congressional defense 
committees’ means—
‘‘(1) the Committee on Armed Services and the 
Committee on Appropriations of the Senate; and 
‘‘(2) the Committee on Armed Services and the 
Committee on Appropriations of the House of Rep-
resentatives.’’. 
(d) ORGANIZATIONAL MATTERS.—
(1) TITLE HEADING.—Division D of the Bob 
Stump National Defense Authorization Act for Fis-
cal Year 2003, as amended by this section, is fur-
ther amended by adding at the end the following: 
‘‘TITLE XLI—ORGANIZATIONAL 
MATTERS’’. 
(2) NAVAL NUCLEAR PROPULSION PROGRAM.—
Section 1634 of the Department of Defense Author-
ization Act, 1985 (Public Law 98–525; 98 Stat. 
2649) is—
(A) transferred to title XLI of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as added by 
paragraph (1); 
(B) inserted after the title heading for 
such title, as so added; and 
(C) amended—
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(i) by striking the section heading and 
inserting the following new section head-
ing: 
‘‘SEC. 4101. NAVAL NUCLEAR PROPULSION PROGRAM.’’; 
and 
(ii) by striking ‘‘SEC. 1634.’’. 
(3) MANAGEMENT STRUCTURE FOR FACILITIES 
AND LABORATORIES.—Section 3140 of the National 
Defense Authorization Act for Fiscal Year 1997 
(Public Law 104–201; 110 Stat. 2833) is—
(A) transferred to title XLI of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4102; 
(C) inserted after section 4101, as added 
by paragraph (2); and 
(D) amended in subsection (d)(2), by strik-
ing ‘‘120 days after the date of the enactment 
of this Act,’’ and inserting ‘‘January 21, 
1997,’’. 
(4) RESTRICTION
ON
LICENSING
REQUIRE-
MENTS FOR CERTAIN ACTIVITIES AND FACILITIES.—
Section 210 of the Department of Energy National 
Security and Military Applications of Nuclear En-
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ergy Authorization Act of 1981 (Public Law 96–
540; 94 Stat. 3202) is—
(A) transferred to title XLI of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) inserted after section 4102, as added 
by paragraph (3); and 
(C) amended—
(i) by striking the section heading and 
inserting the following new section head-
ing: 
‘‘SEC. 4103. RESTRICTION ON LICENSING REQUIREMENT 
FOR CERTAIN DEFENSE ACTIVITIES AND FA-
CILITIES.’’; 
(ii) by striking ‘‘SEC. 210.’’; and 
(iii) by striking ‘‘this or any other 
Act’’ and inserting ‘‘the Department of 
Energy National Security and Military Ap-
plications of Nuclear Energy Authorization 
Act of 1981 (Public Law 96–540) or any 
other Act’’. 
(e) NUCLEAR WEAPONS STOCKPILE MATTERS.—
(1) HEADINGS.—Division D of the Bob Stump 
National Defense Authorization Act for Fiscal Year
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2003, as amended by this section, is further amend-
ed by adding at the end the following new headings: 
‘‘TITLE XLII—NUCLEAR 
WEAPONS STOCKPILE MATTERS 
‘‘Subtitle A—Stockpile Stewardship 
and Weapons Production’’. 
(2) STOCKPILE STEWARDSHIP PROGRAM.—Sec-
tion 3138 of the National Defense Authorization Act 
for Fiscal Year 1994 (Public Law 103–160; 107 
Stat. 1946), as amended by section 3152(e) of the 
National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105–85; 111 Stat. 2042), is—
(A) transferred to title XLII of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as added by 
paragraph (1); 
(B) redesignated as section 4201; and 
(C) inserted after the heading for subtitle 
A of such title, as so added. 
(3) STOCKPILE STEWARDSHIP CRITERIA.—Sec-
tion 3158 of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 
105–261; 112 Stat. 2257), as amended, is—
(A) transferred to title XLII of division D 
of the Bob Stump National Defense Authoriza-
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tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4202; and 
(C) inserted after section 4201, as added 
by paragraph (2). 
(4) PLAN
FOR
STEWARDSHIP, MANAGEMENT, 
AND
CERTIFICATION
OF
WARHEADS
IN
STOCK-
PILE.—Section 3151 of the National Defense Au-
thorization Act for Fiscal Year 1998 (Public Law 
105–85; 111 Stat. 2041) is—
(A) transferred to title XLII of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4203; and 
(C) inserted after section 4202, as added 
by paragraph (3). 
(5) STOCKPILE LIFE EXTENSION PROGRAM.—
Section 3133 of the National Defense Authorization 
Act for Fiscal Year 2000 (Public Law 106–65; 113 
Stat. 926), as amended by section 3112, is—
(A) transferred to title XLII of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection;
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(B) redesignated as section 4204; 
(C) inserted after section 4203, as added 
by paragraph (4); and 
(D) amended in subsection (c)(1) by strik-
ing ‘‘the date of the enactment of this Act’’ and 
inserting ‘‘October 5, 1999’’. 
(6) ANNUAL ASSESSMENTS AND REPORTS ON 
CONDITION
OF
STOCKPILE.—Section 3141 of the 
Bob Stump National Defense Authorization Act for 
Fiscal Year 2003 (Public Law 107–314; 116 Stat. 
2730) is—
(A) transferred to title XLII of division D 
of such Act, as amended by this subsection; 
(B) redesignated as section 4205; 
(C) inserted after section 4204, as added 
by paragraph (5); and 
(D) amended in subsection (d)(3)(B) by 
striking ‘‘section 3137 of the National Defense 
Authorization Act for Fiscal Year 1996 (42 
U.S.C. 2121 note)’’ and inserting ‘‘section 
4212’’. 
(7) FORM
OF
CERTAIN
CERTIFICATIONS
RE-
GARDING STOCKPILE.—Section 3194 of the Floyd D. 
Spence National Defense Authorization Act for Fis-
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cal Year 2001 (as enacted into law by Public Law 
106–398; 114 Stat. 1654A–481) is—
(A) transferred to title XLII of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4206; and 
(C) inserted after section 4205, as added 
by paragraph (6). 
(8) NUCLEAR
TEST
BAN
READINESS
PRO-
GRAM.—Section 1436 of the National Defense Au-
thorization Act, Fiscal Year 1989 (Public Law 100–
456; 102 Stat. 2075) is—
(A) transferred to title XLII of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4207; 
(C) inserted after section 4206, as added 
by paragraph (7); and 
(D) amended in the section heading by 
adding a period at the end. 
(9) STUDY ON NUCLEAR TEST READINESS POS-
TURES.—Section 3152 of the National Defense Au-
thorization Act for Fiscal Year 1996 (Public Law
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HR 1588 RDS 
104–106; 110 Stat. 623), as amended by section 
3192 of the Floyd D. Spence National Defense Au-
thorization Act for Fiscal Year 2001 (as enacted 
into law by Public Law 106–398; 114 Stat. 1654A–
480), is—
(A) transferred to title XLII of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4208; and 
(C) inserted after section 4207, as added 
by paragraph (8). 
(10) REQUIREMENTS FOR REQUESTS FOR NEW 
OR MODIFIED NUCLEAR WEAPONS.—Section 3143 of 
the Bob Stump National Defense Authorization Act 
for Fiscal Year 2003 (Public Law 107–314; 116 
Stat. 2733) is—
(A) transferred to title XLII of division D 
of such Act, as amended by this subsection; 
(B) redesignated as section 4209; and 
(C) inserted after section 4208, as added 
by paragraph (9). 
(11) LIMITATION ON UNDERGROUND NUCLEAR 
WEAPONS TESTS.—Subsection (f) of section 507 of 
the Energy and Water Development Appropriations
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Act, 1993 (Public Law 102–337; 106 Stat. 1345) 
is—
(A) transferred to title XLII of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) inserted after section 4209, as added 
by paragraph (10); and 
(C) amended—
(i) by inserting before the text the fol-
lowing new section heading: 
‘‘SEC. 4210. LIMITATION ON UNDERGROUND NUCLEAR 
WEAPONS TESTS.’’; 
and 
(ii) by striking ‘‘(f)’’. 
(12) TESTING OF NUCLEAR WEAPONS.—Section 
3137 of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103–160; 107 Stat. 
1946) is—
(A) transferred to title XLII of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4211;
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HR 1588 RDS 
(C) inserted after section 4210, as added 
by paragraph (11); and 
(D) amended—
(i) in subsection (a), by inserting ‘‘of 
the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103–160)’’ 
after ‘‘section 3101(a)(2)’’; and 
(ii) in subsection (b), by striking ‘‘this 
Act’’ and inserting ‘‘the National Defense 
Authorization Act for Fiscal Year 1994’’. 
(13) MANUFACTURING
INFRASTRUCTURE
FOR 
STOCKPILE.—Section 3137 of the National Defense 
Authorization Act for Fiscal Year 1996 (Public Law 
104–106; 110 Stat. 620), as amended by section 
3132 of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104–201; 110 Stat. 
2829), is—
(A) transferred to title XLII of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4212; 
(C) inserted after section 4211, as added 
by paragraph (12); and
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(D) amended in subsection (d) by inserting 
‘‘of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104–106)’’ after 
‘‘section 3101(b)’’. 
(14) REPORTS ON CRITICAL DIFFICULTIES AT 
LABORATORIES AND PLANTS.—Section 3159 of the 
National Defense Authorization Act for Fiscal Year 
1997 (Public Law 104–201; 110 Stat. 2842), as 
amended by section 1305 of the National Defense 
Authorization Act for Fiscal Year 1998 (Public Law 
105–85; 111 Stat. 1954) and section 3163 of the 
National Defense Authorization Act for Fiscal Year 
2000 (Public Law 106–65; 113 Stat. 944), is—
(A) transferred to title XLII of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4213; and 
(C) inserted after section 4212, as added 
by paragraph (13). 
(15) SUBTITLE HEADING ON TRITIUM.—Title 
XLII of division D of the Bob Stump National De-
fense Authorization Act for Fiscal Year 2003, as 
amended by this subsection, is further amended by 
adding at the end the following new subtitle heading:
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‘‘Subtitle B—Tritium’’. 
(16) TRITIUM PRODUCTION PROGRAM.—Section 
3133 of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104–106; 110 Stat. 
618) is—
(A) transferred to title XLII of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4231; 
(C) inserted after the heading for subtitle 
B of such title XLII, as added by paragraph 
(15); and 
(D) amended—
(i) by striking ‘‘the date of the enact-
ment of this Act’’ each place it appears 
and inserting ‘‘February 10, 1996’’; and 
(ii) in subsection (b), by inserting ‘‘of 
the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104–106)’’ 
after ‘‘section 3101’’. 
(17) TRITIUM
RECYCLING.—Section 3136 of 
the National Defense Authorization Act for Fiscal 
Year 1996 (Public Law 104–106; 110 Stat. 620) 
is—
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(A) transferred to title XLII of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4232; and 
(C) inserted after section 4231, as added 
by paragraph (16). 
(18) TRITIUM PRODUCTION.—Subsections (c) 
and (d) of section 3133 of the National Defense Au-
thorization Act for Fiscal Year 1997 (Public Law 
104–201; 110 Stat. 2830) are—
(A) transferred to title XLII of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) inserted after section 4232, as added 
by paragraph (17); and 
(C) amended—
(i) by inserting before the text the fol-
lowing new section heading: 
‘‘SEC. 4233. TRITIUM PRODUCTION.’’; 
(ii) by redesignating such subsections 
as subsections (a) and (b), respectively; 
and
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HR 1588 RDS 
(iii) in subsection (a), as so redesig-
nated, by inserting ‘‘of Energy’’ after ‘‘The 
Secretary’’. 
(19) MODERNIZATION AND CONSOLIDATION OF 
TRITIUM RECYCLING FACILITIES.—Section 3134 of 
the National Defense Authorization Act for Fiscal 
Year 1997 (Public Law 104–201; 110 Stat. 2830) 
is—
(A) transferred to title XLII of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4234; 
(C) inserted after section 4233, as added 
by paragraph (18); and 
(D) amended in subsection (b) by inserting 
‘‘of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104–201)’’ after 
‘‘section 3101’’. 
(20) PROCEDURES FOR MEETING TRITIUM PRO-
DUCTION REQUIREMENTS.—Section 3134 of the Na-
tional Defense Authorization Act for Fiscal Year 
2000 (Public Law 106–65; 113 Stat. 927) is—
(A) transferred to title XLII of division D 
of the Bob Stump National Defense Authoriza-
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HR 1588 RDS 
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4235; and 
(C) inserted after section 4234, as added 
by paragraph (19). 
(f) PROLIFERATION MATTERS.—
(1) TITLE HEADING.—Division D of the Bob 
Stump National Defense Authorization Act for Fis-
cal Year 2003, as amended by this section, is fur-
ther amended by adding at the end the following 
new title heading: 
‘‘TITLE XLIII—PROLIFERATION 
MATTERS’’. 
(2) INTERNATIONAL COOPERATIVE STOCKPILE 
STEWARDSHIP.—Section 3133 of the National De-
fense Authorization Act for Fiscal Year 1998 (Pub-
lic Law 105–85; 111 Stat. 2036), as amended by 
sections 1069 and 3131 of the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 
1999 (Public Law 105–261; 112 Stat. 2136, 2246), 
is—
(A) transferred to title XLIII of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as added by 
paragraph (1);
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HR 1588 RDS 
(B) redesignated as section 4301; 
(C) inserted after the heading for such 
title, as so added; and 
(D) amended in subsection (b)(3) by strik-
ing ‘‘of this Act’’ and inserting ‘‘of the National 
Defense Authorization Act for Fiscal Year 1998 
(Public Law 105–85)’’. 
(3) NONPROLIFERATION INITIATIVES AND AC-
TIVITIES.—Section 3136 of the National Defense 
Authorization Act for Fiscal Year 2000 (Public Law 
106–65; 113 Stat. 927) is—
(A) transferred to title XLIII of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4302; 
(C) inserted after section 4301, as added 
by paragraph (2); and 
(D) amended in subsection (b)(1) by strik-
ing ‘‘this title’’ and inserting ‘‘title XXXI of the 
National Defense Authorization Act for Fiscal 
Year 2000 (Public Law 106–65)’’. 
(4) ANNUAL REPORT ON MATERIALS PROTEC-
TION, CONTROL, AND ACCOUNTING PROGRAM.—Sec-
tion 3171 of the Floyd D. Spence National Defense
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HR 1588 RDS 
Authorization Act for Fiscal Year 2001 (as enacted 
into law by Public Law 106–398; 114 Stat. 1645A–
475) is—
(A) transferred to title XLIII of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4303; 
(C) inserted after section 4302, as added 
by paragraph (3); and 
(D) amended in subsection (c)(1) by strik-
ing ‘‘this Act’’ and inserting ‘‘the Floyd D. 
Spence National Defense Authorization Act for 
Fiscal Year 2001 (as enacted into law by Public 
Law 106–398)’’. 
(5) 
NUCLEAR
CITIES
INITIATIVE.—Section 
3172 of the Floyd D. Spence National Defense Au-
thorization Act for Fiscal Year 2001 (as enacted 
into law by Public Law 106–398; 114 Stat. 1645A–
476) is—
(A) transferred to title XLIII of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4304; and
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(C) inserted after section 4303, as added 
by paragraph (4). 
(6) PROGRAMS ON FISSILE MATERIALS.—Sec-
tion 3131 of the National Defense Authorization Act 
for Fiscal Year 1996 (Public Law 104–106; 110 
Stat. 617), as amended by section 3152 of the Bob 
Stump National Defense Authorization Act for Fis-
cal Year 2003 (Public Law 107–314; 116 Stat. 
2738), is—
(A) transferred to title XLIII of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4305; and 
(C) inserted after section 4304, as added 
by paragraph (5). 
(g) ENVIRONMENTAL RESTORATION
AND WASTE 
MANAGEMENT MATTERS.—
(1) HEADINGS.—Division D of the Bob Stump 
National Defense Authorization Act for Fiscal Year 
2003, as amended by this section, is further amend-
ed by adding at the end the following new headings:
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HR 1588 RDS 
‘‘TITLE 
XLIV—ENVIRONMENTAL 
RESTORATION 
AND 
WASTE 
MANAGEMENT MATTERS 
‘‘Subtitle 
A—Environmental 
Res-
toration 
and 
Waste 
Manage-
ment’’. 
(2) DEFENSE
ENVIRONMENTAL
RESTORATION 
AND WASTE MANAGEMENT ACCOUNT.—Section 3134 
of the National Defense Authorization Act for Fiscal 
Years 1992 and 1993 (Public Law 102–190; 105 
Stat. 1575) is—
(A) transferred to title XLIV of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as added by 
paragraph (1); 
(B) redesignated as section 4401; and 
(C) inserted after the heading for subtitle 
A of such title, as so added. 
(3) FUTURE USE PLANS FOR ENVIRONMENTAL 
MANAGEMENT PROGRAM.—Section 3153 of the Na-
tional Defense Authorization Act for Fiscal Year 
1997 (Public Law 104–201; 110 Stat. 2839) is—
(A) transferred to title XLIV of division D 
of the Bob Stump National Defense Authoriza-
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tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4402; 
(C) inserted after section 4401, as added 
by paragraph (2); and 
(D) amended—
(i) in subsection (d), by striking ‘‘the 
date of the enactment of this Act’’ and in-
serting ‘‘September 23, 1996,’’; and 
(ii) in subsection (h)(1), by striking 
‘‘the date of the enactment of this Act’’ 
and inserting ‘‘September 23, 1996’’. 
(4) INTEGRATED FISSILE MATERIALS MANAGE-
MENT PLAN.—Section 3172 of the National Defense 
Authorization Act for Fiscal Year 2000 (Public Law 
106–65; 113 Stat. 948) is—
(A) transferred to title XLIV of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4403; and 
(C) inserted after section 4402, as added 
by paragraph (3). 
(5) BASELINE ENVIRONMENTAL MANAGEMENT 
REPORTS.—Section 3153 of the National Defense
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Authorization Act for Fiscal Year 1994 (Public Law 
103–160; 107 Stat. 1950), as amended by section 
3160 of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103–337; 108 Stat. 
3094), section 3152 of the National Defense Author-
ization Act for Fiscal Year 1997 (Public Law 104–
201; 110 Stat. 2839), and section 3160 of the Na-
tional Defense Authorization Act for Fiscal Year 
1998 (Public Law 105–85; 111 Stat. 2048), is—
(A) transferred to title XLIV of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4404; and 
(C) inserted after section 4403, as added 
by paragraph (4). 
(6) ACCELERATED
SCHEDULE
OF
ENVIRON-
MENTAL RESTORATION AND WASTE MANAGEMENT.—
Section 3156 of the National Defense Authorization 
Act for Fiscal Year 1996 (Public Law 104–106; 110 
Stat. 625) is—
(A) transferred to title XLIV of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection;
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(B) redesignated as section 4405; 
(C) inserted after section 4404, as added 
by paragraph (5); and 
(D) amended in subsection (b)(2) by in-
serting before the period the following: ‘‘, the 
predecessor provision to section 4404 of this 
Act’’. 
(7) DEFENSE
WASTE
CLEANUP
TECHNOLOGY 
PROGRAM.—Section 3141 of the National Defense 
Authorization Act for Fiscal Years 1990 and 1991 
(Public Law 101–189; 103 Stat. 1679) is—
(A) transferred to title XLIV of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4406; 
(C) inserted after section 4405, as added 
by paragraph (6); and 
(D) amended in the section heading by 
adding a period at the end. 
(8) REPORT ON ENVIRONMENTAL RESTORATION 
EXPENDITURES.—Section 3134 of the National De-
fense Authorization Act for Fiscal Year 1991 (Pub-
lic Law 101–510; 104 Stat. 1833) is—
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(A) transferred to title XLIV of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4407; 
(C) inserted after section 4406, as added 
by paragraph (7); and 
(D) amended in the section heading by 
adding a period at the end. 
(9) PUBLIC PARTICIPATION IN PLANNING FOR 
ENVIRONMENTAL
RESTORATION
AND
WASTE
MAN-
AGEMENT.—Subsection (e) of section 3160 of the 
National Defense Authorization Act for Fiscal Year 
1995 (Public Law 103–337; 108 Stat. 3095) is—
(A) transferred to title XLIV of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) inserted after section 4407, as added 
by paragraph (8); and 
(C) amended—
(i) by inserting before the text the fol-
lowing new section heading:
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‘‘SEC. 4408. PUBLIC PARTICIPATION IN PLANNING FOR EN-
VIRONMENTAL RESTORATION AND WASTE 
MANAGEMENT AT DEFENSE NUCLEAR FA-
CILITIES.’’; 
and 
(ii) by striking ‘‘(e) PUBLIC PARTICI-
PATION IN PLANNING.—’’. 
(10) SUBTITLE HEADING ON CLOSURE OF FA-
CILITIES.—Title XLIV of division D of the Bob 
Stump National Defense Authorization Act for Fis-
cal Year 2003, as amended by this subsection, is 
further amended by adding at the end the following 
new subtitle heading: 
‘‘Subtitle B—Closure of Facilities’’. 
(11) PROJECTS TO ACCELERATE CLOSURE AC-
TIVITIES AT DEFENSE NUCLEAR FACILITIES.—Sec-
tion 3143 of the National Defense Authorization Act 
for Fiscal Year 1997 (Public Law 104–201; 110 
Stat. 2836) is—
(A) transferred to title XLIV of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4421;
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(C) inserted after the heading for subtitle 
B of such title, as added by paragraph (10); 
and 
(D) amended in subsection (i), by striking 
‘‘the expiration of the 15-year period beginning 
on the date of the enactment of this Act’’ and 
inserting ‘‘September 23, 2011’’. 
(12) REPORTS IN CONNECTION WITH PERMA-
NENT
CLOSURE
OF
DEFENSE
NUCLEAR
FACILI-
TIES.—Section 3156 of the National Defense Au-
thorization Act for Fiscal Years 1990 and 1991 
(Public Law 101–189; 103 Stat. 1683) is—
(A) transferred to title XLIV of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4422; 
(C) inserted after section 4421, as added 
by paragraph (11); and 
(D) amended in the section heading by 
adding a period at the end. 
(13) SUBTITLE HEADING ON PRIVATIZATION.—
Title XLIV of division D of the Bob Stump National 
Defense Authorization Act for Fiscal Year 2003, as
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amended by this subsection, is further amended by 
adding at the end the following new subtitle heading: 
‘‘Subtitle C—Privatization’’. 
(14) DEFENSE ENVIRONMENTAL MANAGEMENT 
PRIVATIZATION PROJECTS.—Section 3132 of the Na-
tional Defense Authorization Act for Fiscal Year 
1998 (Public Law 105–85; 111 Stat. 2034) is—
(A) transferred to title XLIV of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4431; 
(C) inserted after the heading for subtitle 
C of such title, as added by paragraph (13); 
and 
(D) amended—
(i) in subsections (a), (c)(1)(B)(i), 
and (d), by inserting ‘‘of the National De-
fense Authorization Act for Fiscal Year 
1998 (Public Law 105–85)’’ after ‘‘section 
3102(i)’’; and 
(ii) in subsections (c)(1)(B)(ii) and 
(f), by striking ‘‘the date of enactment of 
this Act’’ and inserting ‘‘November 18, 
1997’’.
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(h) SAFEGUARDS AND SECURITY MATTERS.—
(1) HEADINGS.—Division D of the Bob Stump 
National Defense Authorization Act for Fiscal Year 
2003, as amended by this section, is further amend-
ed by adding at the end the following new headings: 
‘‘TITLE XLV—SAFEGUARDS AND 
SECURITY MATTERS 
‘‘Subtitle A—Safeguards and 
Security’’. 
(2) PROHIBITION ON INTERNATIONAL INSPEC-
TIONS OF FACILITIES WITHOUT PROTECTION OF RE-
STRICTED DATA.—Section 3154 of the National De-
fense Authorization Act for Fiscal Year 1996 (Pub-
lic Law 104–106; 110 Stat. 624) is—
(A) transferred to title XLV of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as added by 
paragraph (1); 
(B) redesignated as section 4501; 
(C) inserted after the heading for subtitle 
A of such title, as so added; and 
(D) amended—
(i) by striking ‘‘(1) The’’ and insert-
ing ‘‘The’’; and
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(ii) by striking ‘‘(2) For purposes of 
paragraph (1),’’ and inserting ‘‘(c) RE-
STRICTED DATA DEFINED.—In this sec-
tion,’’. 
(3) RESTRICTIONS
ON
ACCESS
TO
LABORA-
TORIES
BY
FOREIGN
VISITORS
FROM
SENSITIVE 
COUNTRIES.—Section 3146 of the National Defense 
Authorization Act for Fiscal Year 2000 (Public Law 
106–65; 113 Stat. 935) is—
(A) transferred to title XLV of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4502; 
(C) inserted after section 4501, as added 
by paragraph (2); and 
(D) amended—
(i) in subsection (b)(2)—
(I) in the matter preceding sub-
paragraph (A), by striking ‘‘30 days 
after the date of the enactment of this 
Act’’ and inserting ‘‘on November 4, 
1999,’’; and 
(II) in subparagraph (A), by 
striking ‘‘The date that is 90 days
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after the date of the enactment of this 
Act’’ 
and 
inserting 
‘‘January 
3, 
2000’’; 
(ii) in subsection (d)(1), by striking 
‘‘the date of the enactment of this Act,’’ 
and inserting ‘‘October 5, 1999,’’; and 
(iii) in subsection (g), by adding at 
the end the following new paragraphs: 
‘‘(3) The term ‘national laboratory’ means any 
of the following: 
‘‘(A) Lawrence Livermore National Lab-
oratory, Livermore, California. 
‘‘(B) Los Alamos National Laboratory, 
Los Alamos, New Mexico. 
‘‘(C) Sandia National Laboratories, Albu-
querque, New Mexico and Livermore, Cali-
fornia. 
‘‘(4) The term ‘Restricted Data’ has the mean-
ing given that term in section 11 y. of the Atomic 
Energy Act of 1954 (42 U.S.C. 2014(y)).’’. 
(4) BACKGROUND INVESTIGATIONS ON CERTAIN 
PERSONNEL.—Section 3143 of the National Defense 
Authorization Act for Fiscal Year 2000 (Public Law 
106–65; 113 Stat. 934) is—
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(A) transferred to title XLV of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4503; 
(C) inserted after section 4502, as added 
by paragraph (3); and 
(D) amended—
(i) in subsection (b), by striking ‘‘the 
date of the enactment of this Act’’ and in-
serting ‘‘October 5, 1999,’’; and 
(ii) by adding at the end the following 
new subsection: 
‘‘(c) DEFINITIONS.—In this section, the terms ‘na-
tional laboratory’ and ‘Restricted Data’ have the meanings 
given such terms in section 4502(g).’’. 
(5) COUNTERINTELLIGENCE POLYGRAPH PRO-
GRAM.—
(A) DEPARTMENT OF ENERGY COUNTER-
INTELLIGENCE POLYGRAPH PROGRAM.—Section 
3152 of the National Defense Authorization Act 
for Fiscal Year 2002 (Public Law 107–107; 
115 Stat. 1376) is—
(i) transferred to title XLV of division 
D of the Bob Stump National Defense Au-
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thorization Act for Fiscal Year 2003, as 
amended by this subsection; 
(ii) redesignated as section 4504; 
(iii) inserted after section 4503, as 
added by paragraph (4); and 
(iv) amended in subsection (c) by 
striking ‘‘section 3154 of the Department 
of Energy Facilities Safeguards, Security, 
and Counterintelligence Enhancement Act 
of 1999 (subtitle D of title XXXI of Public 
Law 106–65; 42 U.S.C. 7383h)’’ and in-
serting ‘‘section 4504A’’. 
(B) COUNTERINTELLIGENCE
POLYGRAPH 
PROGRAM.—Section 3154 of the National De-
fense Authorization Act for Fiscal Year 2000 
(Public Law 106–65; 113 Stat. 941), as 
amended by section 3135 of the Floyd D. 
Spence National Defense Authorization Act for 
Fiscal Year 2001 (as enacted into law by Public 
Law 106–398; 114 Stat. 1654A–456), is—
(i) transferred to title XLV of division 
D of the Bob Stump National Defense Au-
thorization Act for Fiscal Year 2003, as 
amended by this subsection; 
(ii) redesignated as section 4504A;
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(iii) inserted after section 4504, as 
added by subparagraph (A); and 
(iv) amended in subsection (h) by 
striking ‘‘180 days after the date of the 
enactment of this Act,’’ and inserting 
‘‘April 5, 2000,’’. 
(6) NOTICE OF SECURITY AND COUNTERINTEL-
LIGENCE FAILURES.—Section 3150 of the National 
Defense Authorization Act for Fiscal Year 2000 
(Public Law 106–65; 113 Stat. 939) is—
(A) transferred to title XLV of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4505; and 
(C) inserted after section 4504A, as added 
by paragraph (5)(B). 
(7) ANNUAL REPORT ON SECURITY FUNCTIONS 
AT NUCLEAR WEAPONS FACILITIES.—Section 3162 
of the National Defense Authorization Act for Fiscal 
Year 1998 (Public Law 105–85; 111 Stat. 2049) 
is—
(A) transferred to title XLV of division D 
of the Bob Stump National Defense Authoriza-
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tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4506; 
(C) inserted after section 4505, as added 
by paragraph (6); and 
(D) amended in subsection (b) by inserting 
‘‘of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105–85; 111 
Stat. 2048; 42 U.S.C. 7251 note)’’ after ‘‘sec-
tion 3161’’. 
(8) REPORT ON COUNTERINTELLIGENCE AND 
SECURITY
PRACTICES
AT
LABORATORIES.—Section 
3152 of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106–65; 113 Stat. 
940) is—
(A) transferred to title XLV of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4507; 
(C) inserted after section 4506, as added 
by paragraph (7); and 
(D) amended by adding at the end the fol-
lowing new subsection:
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‘‘(c) NATIONAL LABORATORY DEFINED.—In this 
section, the term ‘national laboratory’ has the meaning 
given that term in section 4502(g)(3).’’. 
(9) REPORT
ON
SECURITY
VULNERABILITIES 
OF
NATIONAL
LABORATORY
COMPUTERS.—Section 
3153 of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106–65; 113 Stat. 
940) is—
(A) transferred to title XLV of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4508; 
(C) inserted after section 4507, as added 
by paragraph (8); and 
(D) amended by adding at the end the fol-
lowing new subsection: 
‘‘(f) NATIONAL LABORATORY DEFINED.—In this sec-
tion, the term ‘national laboratory’ has the meaning given 
that term in section 4502(g)(3).’’. 
(10) SUBTITLE HEADING ON CLASSIFIED IN-
FORMATION.—Title XLV of division D of the Bob 
Stump National Defense Authorization Act for Fis-
cal Year 2003, as amended by this subsection, is
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further amended by adding at the end the following 
new subtitle heading: 
‘‘Subtitle B—Classified 
Information’’. 
(11) REVIEW OF CERTAIN DOCUMENTS BEFORE 
DECLASSIFICATION AND RELEASE.—Section 3155 of 
the National Defense Authorization Act for Fiscal 
Year 1996 (Public Law 104–106; 110 Stat. 625) 
is—
(A) transferred to title XLV of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4521; and 
(C) inserted after the heading for subtitle 
B of such title, as added by paragraph (10). 
(12) PROTECTION AGAINST INADVERTENT RE-
LEASE OF RESTRICTED DATA AND FORMERLY RE-
STRICTED DATA.—Section 3161 of the Strom Thur-
mond National Defense Authorization Act for Fiscal 
Year 1999 (Public Law 105–261; 112 Stat. 2259), 
as amended by section 1067(3) of the National De-
fense Authorization Act for Fiscal Year 2000 (Pub-
lic Law 106–65; 113 Stat. 774) and section 3193 of 
the Floyd D. Spence National Defense Authorization
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Act for Fiscal Year 2001 (as enacted into law by 
Public Law 106–398; 114 Stat. 1654A–480), is—
(A) transferred to title XLV of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4522; 
(C) inserted after section 4521, as added 
by paragraph (11); and 
(D) amended—
(i) in subsection (c)(1), by striking 
‘‘the date of the enactment of this Act’’ 
and inserting ‘‘October 17, 1998,’’; 
(ii) in subsection (f)(1), by striking 
‘‘the date of the enactment of this Act’’ 
and inserting ‘‘October 17, 1998’’; and 
(iii) in subsection (f)(2), by striking 
‘‘The Secretary’’ and inserting ‘‘Com-
mencing with inadvertent releases discov-
ered on or after October 30, 2000, the 
Secretary’’. 
(13) SUPPLEMENT
TO
PLAN
FOR
DECLAS-
SIFICATION OF RESTRICTED DATA AND FORMERLY 
RESTRICTED DATA.—Section 3149 of the National
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Defense Authorization Act for Fiscal Year 2000 
(Public Law 106–65; 113 Stat. 938) is—
(A) transferred to title XLV of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4523; 
(C) inserted after section 4522, as added 
by paragraph (12); and 
(D) amended—
(i) in subsection (a), by striking ‘‘sub-
section (a) of section 3161 of the Strom 
Thurmond National Defense Authorization 
Act for Fiscal Year 1999 (Public Law 
105–261; 112 Stat. 2260; 50 U.S.C. 435 
note)’’ and inserting ‘‘subsection (a) of sec-
tion 4522’’; 
(ii) in subsection (b)—
(I) 
by 
striking 
‘‘section 
3161(b)(1) of that Act’’ and inserting 
‘‘subsection (b)(1) of section 4522’’; 
and 
(II) by striking ‘‘the date of the 
enactment of that Act’’ and inserting 
‘‘October 17, 1998,’’;
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(iii) in subsection (c)—
(I) by striking ‘‘section 3161(c) 
of that Act’’ and inserting ‘‘subsection 
(c) of section 4522’’; and 
(II) by striking ‘‘section 3161(a) 
of that Act’’ and inserting ‘‘subsection 
(a) of such section’’; and 
(iv) in subsection (d), by striking 
‘‘section 3161(d) of that Act’’ and insert-
ing ‘‘subsection (d) of section 4522’’. 
(14) PROTECTION
OF
CLASSIFIED
INFORMA-
TION
DURING
LABORATORY-TO-LABORATORY
EX-
CHANGES.—Section 3145 of the National Defense 
Authorization Act for Fiscal Year 2000 (Public Law 
106–65; 113 Stat. 935) is—
(A) transferred to title XLV of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4524; and 
(C) inserted after section 4523, as added 
by paragraph (13). 
(15) IDENTIFICATION IN BUDGETS OF AMOUNT 
FOR DECLASSIFICATION ACTIVITIES.—Section 3173
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of the National Defense Authorization Act for Fiscal 
Year 2000 (Public Law 106–65; 113 Stat. 949) is—
(A) transferred to title XLV of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4525; 
(C) inserted after section 4524, as added 
by paragraph (14); and 
(D) amended in subsection (b) by striking 
‘‘the date of the enactment of this Act’’ and in-
serting ‘‘October 5, 1999,’’. 
(16) SUBTITLE HEADING ON EMERGENCY RE-
SPONSE.—Title XLV of division D of the Bob 
Stump National Defense Authorization Act for Fis-
cal Year 2003, as amended by this subsection, is 
further amended by adding at the end the following 
new subtitle heading: 
‘‘Subtitle C—Emergency Response’’. 
(17) RESPONSIBILITY FOR DEFENSE PROGRAMS 
EMERGENCY RESPONSE PROGRAM.—Section 3158 of 
the National Defense Authorization Act for Fiscal 
Year 1996 (Public Law 104–106; 110 Stat. 626) 
is—
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(A) transferred to title XLV of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4541; and 
(C) inserted after the heading for subtitle 
C of such title, as added by paragraph (16). 
(i) PERSONNEL MATTERS.—
(1) HEADINGS.—Division D of the Bob Stump 
National Defense Authorization Act for Fiscal Year 
2003, as amended by this section, is further amend-
ed by adding at the end the following new headings: 
‘‘TITLE XLVI—PERSONNEL 
MATTERS 
‘‘Subtitle A—Personnel 
Management’’. 
(2) AUTHORITY FOR APPOINTMENT OF CERTAIN 
SCIENTIFIC, ENGINEERING, AND
TECHNICAL
PER-
SONNEL.—Section 3161 of the National Defense Au-
thorization Act for Fiscal Year 1995 (Public Law 
103–337; 108 Stat. 3095), as amended by section 
3139 of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105–85; 111 Stat. 
2040), sections 3152 and 3155 of the Strom Thur-
mond National Defense Authorization Act for Fiscal
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Year 1999 (Public Law 105–261; 112 Stat. 2253, 
2257), and section 3191 of the Floyd D. Spence Na-
tional Defense Authorization Act for Fiscal Year 
2001 (as enacted into law by Public Law 106–398; 
114 Stat. 1654A–480), is—
(A) transferred to title XLVI of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as added by 
paragraph (1); 
(B) redesignated as section 4601; and 
(C) inserted after the heading for subtitle 
A of such title, as so added. 
(3) WHISTLEBLOWER PROTECTION PROGRAM.—
Section 3164 of the National Defense Authorization 
Act for Fiscal Year 2000 (Public Law 106–65; 113 
Stat. 946) is—
(A) transferred to title XLVI of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4602; 
(C) inserted after section 4601, as added 
by paragraph (2); and
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(D) amended in subsection (n) by striking 
‘‘60 days after the date of the enactment of this 
Act,’’ and inserting ‘‘December 5, 1999,’’. 
(4) EMPLOYEE INCENTIVES FOR WORKERS AT 
CLOSURE
PROJECT
FACILITIES.—Section 3136 of 
the Floyd D. Spence National Defense Authorization 
Act for Fiscal Year 2001 (as enacted into law by 
Public Law 106–398; 114 Stat. 1654A–458) is—
(A) transferred to title XLVI of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4603; 
(C) inserted after section 4602, as added 
by paragraph (3); and 
(D) amended—
(i) in subsections (c) and (i)(1)(A), by 
striking ‘‘section 3143 of the National De-
fense Authorization Act for Fiscal Year 
1997 (42 U.S.C. 7274n)’’ and inserting 
‘‘section 4421’’; and 
(ii) in subsection (g), by striking ‘‘sec-
tion 3143(h) of the National Defense Au-
thorization Act for Fiscal Year 1997’’ and 
inserting ‘‘section 4421(h)’’.
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(5) DEFENSE NUCLEAR FACILITY WORKFORCE 
RESTRUCTURING PLAN.—Section 3161 of the Na-
tional Defense Authorization Act for Fiscal Year 
1993 (Public Law 102–484; 106 Stat. 2644), as 
amended by section 1070(c)(2) of the National De-
fense Authorization Act for Fiscal Year 1995 (Pub-
lic Law 103–337; 108 Stat. 2857), Public Law 105–
277 (112 Stat. 2681–419, 2681–430), and section 
1048(h)(1) of the National Defense Authorization 
Act for Fiscal Year 2002 (Public Law 107–107; 115 
Stat. 1229), is—
(A) transferred to title XLVI of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4604; 
(C) inserted after section 4603, as added 
by paragraph (4); and 
(D) amended—
(i) in subsection (a), by striking 
‘‘(hereinafter in this subtitle referred to as 
the ‘Secretary’)’’; and 
(ii) by adding at the end the following 
new subsection:
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‘‘(g) DEPARTMENT OF ENERGY DEFENSE NUCLEAR 
FACILITY DEFINED.—In this section, the term ‘Depart-
ment of Energy defense nuclear facility’ means—
‘‘(1) a production facility or utilization facility 
(as those terms are defined in section 11 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2014)) that 
is under the control or jurisdiction of the Secretary 
and that is operated for national security purposes 
(including the tritium loading facility at Savannah 
River, South Carolina, the 236 H facility at Savan-
nah River, South Carolina; and the Mound Labora-
tory, Ohio), but the term does not include any facil-
ity that does not conduct atomic energy defense ac-
tivities and does not include any facility or activity 
covered by Executive Order Number 12344, dated 
February 1, 1982, pertaining to the naval nuclear 
propulsion program; 
‘‘(2) a nuclear waste storage or disposal facility 
that is under the control or jurisdiction of the Sec-
retary; 
‘‘(3) a testing and assembly facility that is 
under the control or jurisdiction of the Secretary 
and that is operated for national security purposes 
(including the Nevada Test Site, Nevada; the
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HR 1588 RDS 
Pinnellas Plant, Florida; and the Pantex facility, 
Texas); 
‘‘(4) an atomic weapons research facility that is 
under the control or jurisdiction of the Secretary 
(including Lawrence Livermore, Los Alamos, and 
Sandia National Laboratories); or 
‘‘(5) any facility described in paragraphs (1) 
through (4) that—
‘‘(A) is no longer in operation; 
‘‘(B) was under the control or jurisdiction 
of the Department of Defense, the Atomic En-
ergy Commission, or the Energy Research and 
Development Administration; and 
‘‘(C) was operated for national security 
purposes.’’. 
(6) AUTHORITY TO PROVIDE CERTIFICATE OF 
COMMENDATION TO EMPLOYEES.—Section 3195 of 
the Floyd D. Spence National Defense Authorization 
Act for Fiscal Year 2001 (as enacted into law by 
Public Law 106–398; 114 Stat. 1654A–481) is—
(A) transferred to title XLVI of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4605; and
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(C) inserted after section 4604, as added 
by paragraph (5). 
(7) SUBTITLE
HEADING
ON
TRAINING
AND 
EDUCATION.—Title XLVI of division D of the Bob 
Stump National Defense Authorization Act for Fis-
cal Year 2003, as amended by this subsection, is 
further amended by adding at the end the following 
new subtitle heading: 
‘‘Subtitle B—Education and 
Training’’. 
(8) EXECUTIVE MANAGEMENT TRAINING.—Sec-
tion 3142 of the National Defense Authorization Act 
for Fiscal Years 1990 and 1991 (Public Law 101–
189; 103 Stat. 1680) is—
(A) transferred to title XLVI of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4621; 
(C) inserted after the heading for subtitle 
B of such title, as added by paragraph (7); and 
(D) amended in the section heading by 
adding a period at the end. 
(9) STOCKPILE
STEWARDSHIP
RECRUITMENT 
AND TRAINING PROGRAM.—Section 3131 of the Na-
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tional Defense Authorization Act for Fiscal Year 
1995 (Public Law 103–337; 108 Stat. 3085) is—
(A) transferred to title XLVI of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4622; 
(C) inserted after section 4621, as added 
by paragraph (8); and 
(D) amended—
(i) in subsection (a)(1), by striking 
‘‘section 3138 of the National Defense Au-
thorization Act for Fiscal Year 1994 (Pub-
lic Law 103–160; 107 Stat. 1946; 42 
U.S.C. 2121 note)’’ and inserting ‘‘section 
4201’’; and 
(ii) in subsection (b)(2), by inserting 
‘‘of the National Defense Authorization 
Act for Fiscal Year 1995 (Public Law 
103–337)’’ after ‘‘section 3101(a)(1)’’. 
(10) FELLOWSHIP
PROGRAM
FOR
DEVELOP-
MENT OF SKILLS CRITICAL TO NUCLEAR WEAPONS 
COMPLEX.—Section 3140 of the National Defense 
Authorization Act for Fiscal Year 1996 (Public Law 
104–106; 110 Stat 621), as amended by section
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3162 of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106–65; 113 Stat. 
943), is—
(A) transferred to title XLVI of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4623; and 
(C) inserted after section 4622, as added 
by paragraph (9). 
(11) SUBTITLE
HEADING
ON
WORKER
SAFE-
TY.—Title XLVI of division D of the Bob Stump 
National Defense Authorization Act for Fiscal Year 
2003, as amended by this subsection, is further 
amended by adding at the end the following new 
subtitle heading: 
‘‘Subtitle C—Worker Safety’’. 
(12) WORKER PROTECTION AT NUCLEAR WEAP-
ONS FACILITIES.—Section 3131 of the National De-
fense Authorization Act for Fiscal Years 1992 and 
1993 (Public Law 102–190; 105 Stat. 1571) is—
(A) transferred to title XLVI of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection;
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(B) redesignated as section 4641; 
(C) inserted after the heading for subtitle 
C of such title, as added by paragraph (11); 
and 
(D) amended in subsection (e) by inserting 
‘‘of the National Defense Authorization Act for 
Fiscal Years 1992 and 1993 (Public Law 102–
190)’’ after ‘‘section 3101(9)(A)’’. 
(13) SAFETY OVERSIGHT AND ENFORCEMENT 
AT DEFENSE NUCLEAR FACILITIES.—Section 3163 
of the National Defense Authorization Act for Fiscal 
Year 1995 (Public Law 103–337; 108 Stat. 3097) 
is—
(A) transferred to title XLVI of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4642; 
(C) inserted after section 4641, as added 
by paragraph (12); and 
(D) amended in subsection (b) by striking 
‘‘90 days after the date of the enactment of this 
Act,’’ and inserting ‘‘January 5, 1995,’’. 
(14) PROGRAM TO MONITOR WORKERS AT DE-
FENSE
NUCLEAR
FACILITIES
EXPOSED
TO
HAZ-
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ARDOUS
OR
RADIOACTIVE
SUBSTANCES.—Section 
3162 of the National Defense Authorization Act for 
Fiscal Year 1993 (Public Law 102–484; 106 Stat. 
2646) is—
(A) transferred to title XLVI of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4643; 
(C) inserted after section 4642, as added 
by paragraph (13); and 
(D) amended—
(i) in subsection (b)(6), by striking ‘‘1 
year after the date of the enactment of this 
Act’’ and inserting ‘‘October 23, 1993’’; 
(ii) in subsection (c), by striking ‘‘180 
days after the date of the enactment of 
this Act,’’ and inserting ‘‘April 23, 1993,’’; 
and 
(iii) by adding at the end the fol-
lowing new subsection: 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘Department of Energy defense 
nuclear facility’ has the meaning given that term in 
section 4604(g).
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HR 1588 RDS 
‘‘(2) The term ‘Department of Energy em-
ployee’ means any employee of the Department of 
Energy employed at a Department of Energy de-
fense nuclear facility, including any employee of a 
contractor of subcontractor of the Department of 
Energy employed at such a facility.’’. 
(j) BUDGET AND FINANCIAL MANAGEMENT MAT-
TERS.—
(1) HEADINGS.—Division D of the Bob Stump 
National Defense Authorization Act for Fiscal Year 
2003, as amended by this section, is further amend-
ed by adding at the end the following new headings: 
‘‘TITLE XLVII—BUDGET AND FI-
NANCIAL MANAGEMENT MAT-
TERS 
‘‘Subtitle A—Recurring National 
Security Authorization Provisions’’. 
(2) RECURRING NATIONAL SECURITY AUTHOR-
IZATION PROVISIONS.—Sections 3620 through 3631 
of the Bob Stump National Defense Authorization 
Act for Fiscal Year 2003 (Public Law 107–314; 116 
Stat. 2756) are—
(A) transferred to title XLVII of division 
D of such Act, as added by paragraph (1);
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HR 1588 RDS 
(B) redesignated as sections 4701 through 
4712, respectively; 
(C) inserted after the heading for subtitle 
A of such title, as so added; and 
(D) amended—
(i) in section 4702, as so redesig-
nated, by striking ‘‘sections 3629 and 
3630’’ and inserting ‘‘sections 4710 and 
4711’’; 
(ii) in section 4706(a)(3)(B), as so re-
designated, by striking ‘‘section 3626’’ and 
inserting ‘‘section 4707’’; 
(iii) in section 4707(c), as so redesig-
nated, by striking ‘‘section 3625(b)(2)’’ 
and inserting ‘‘section 4706(b)(2)’’; 
(iv) in section 4710(c), as so redesig-
nated, by striking ‘‘section 3621’’ and in-
serting ‘‘section 4702’’; 
(v) in section 4711(c), as so redesig-
nated, by striking ‘‘section 3621’’ and in-
serting ‘‘section 4702’’; and 
(vi) in section 4712, as so redesig-
nated, by striking ‘‘section 3621’’ and in-
serting ‘‘section 4702’’.
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HR 1588 RDS 
(3) SUBTITLE HEADING ON PENALTIES.—Title 
XLVII of division D of the Bob Stump National De-
fense Authorization Act for Fiscal Year 2003, as 
amended by this subsection, is further amended by 
adding at the end the following new subtitle heading: 
‘‘Subtitle B—Penalties’’. 
(4) RESTRICTION ON USE OF FUNDS TO PAY 
PENALTIES
UNDER
ENVIRONMENTAL
LAWS.—Sec-
tion 3132 of the National Defense Authorization Act 
for Fiscal Year 1987 (Public Law 99–661; 100 Stat. 
4063) is—
(A) transferred to title XLVII of division 
D of the Bob Stump National Defense Author-
ization Act for Fiscal Year 2003, as amended 
by this subsection; 
(B) redesignated as section 4721; 
(C) inserted after the heading for subtitle 
B of such title, as added by paragraph (3); and 
(D) amended in the section heading by 
adding a period at the end. 
(5) RESTRICTION ON USE OF FUNDS TO PAY 
PENALTIES UNDER CLEAN AIR ACT.—Section 211 of 
the Department of Energy National Security and 
Military Applications of Nuclear Energy Authoriza-
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HR 1588 RDS 
tion Act of 1981 (Public Law 96–540; 94 Stat. 
3203) is—
(A) transferred to title XLVII of division 
D of the Bob Stump National Defense Author-
ization Act for Fiscal Year 2003, as amended 
by this subsection; 
(B) inserted after section 4721, as added 
by paragraph (4); and 
(C) amended—
(i) by striking the section heading and 
inserting the following new section head-
ing: 
‘‘SEC. 4722. RESTRICTION ON USE OF FUNDS TO PAY PEN-
ALTIES UNDER CLEAN AIR ACT.’’; 
(ii) by striking ‘‘SEC. 211.’’; and 
(iii) by striking ‘‘this or any other 
Act’’ and inserting ‘‘the Department of 
Energy National Security and Military Ap-
plications of Nuclear Energy Authorization 
Act of 1981 (Public Law 96–540) or any 
other Act’’. 
(6) SUBTITLE HEADING ON OTHER MATTERS.—
Title XLVII of division D of the Bob Stump Na-
tional Defense Authorization Act for Fiscal Year 
2003, as amended by this subsection, is further
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HR 1588 RDS 
amended by adding at the end the following new 
subtitle heading: 
‘‘Subtitle C—Other Matters’’. 
(7) SINGLE REQUEST FOR AUTHORIZATION OF 
APPROPRIATIONS FOR COMMON DEFENSE AND SECU-
RITY PROGRAMS.—Section 208 of the Department of 
Energy National Security and Military Applications 
of Nuclear Energy Authorization Act of 1979 (Pub-
lic Law 95–509; 92 Stat. 1779) is—
(A) transferred to title XLVII of division 
D of the Bob Stump National Defense Author-
ization Act for Fiscal Year 2003, as amended 
by this subsection; 
(B) inserted after the heading for subtitle 
C of such title, as added by paragraph (6); and 
(C) amended—
(i) by striking the section heading and 
inserting the following new section head-
ing: 
‘‘SEC. 4731. SINGLE REQUEST FOR AUTHORIZATION OF AP-
PROPRIATIONS FOR COMMON DEFENSE AND 
SECURITY PROGRAMS.’’; 
and 
(ii) by striking ‘‘SEC. 208.’’. 
(k) ADMINISTRATIVE MATTERS.—
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(1) HEADINGS.—Division D of the Bob Stump 
National Defense Authorization Act for Fiscal Year 
2003, as amended by this section, is further amend-
ed by adding at the end the following new headings: 
‘‘TITLE XLVIII—ADMINISTRATIVE 
MATTERS 
‘‘Subtitle A—Contracts’’. 
(2) COSTS
NOT
ALLOWED
UNDER
CERTAIN 
CONTRACTS.—Section 1534 of the Department of 
Defense Authorization Act, 1986 (Public Law 99–
145; 99 Stat. 774), as amended by section 3131 of 
the National Defense Authorization Act for Fiscal 
Years 1988 and 1989 (Public Law 100–180; 101 
Stat. 1238), is—
(A) transferred to title XLVIII of division 
D of the Bob Stump National Defense Author-
ization Act for Fiscal Year 2003, as added by 
paragraph (1); 
(B) redesignated as section 4801; 
(C) inserted after the heading for subtitle 
A of such title, as so added; and 
(D) amended—
(i) in the section heading, by adding a 
period at the end; and
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HR 1588 RDS 
(ii) in subsection (b)(1), by striking 
‘‘the date of the enactment of this Act,’’ 
and inserting ‘‘November 8, 1985,’’. 
(3) PROHIBITION ON BONUSES TO CONTRAC-
TORS OPERATING DEFENSE NUCLEAR FACILITIES.—
Section 3151 of the National Defense Authorization 
Act for Fiscal Years 1990 and 1991 (Public Law 
101–189; 103 Stat. 1682) is—
(A) transferred to title XLVIII of division 
D of the Bob Stump National Defense Author-
ization Act for Fiscal Year 2003, as amended 
by this subsection; 
(B) redesignated as section 4802; 
(C) inserted after section 4801, as added 
by paragraph (2); and 
(D) amended—
(i) in the section heading, by adding a 
period at the end; 
(ii) in subsection (a), by striking ‘‘the 
date of the enactment of this Act’’ and in-
serting ‘‘November 29, 1989’’; 
(iii) in subsection (b), by striking ‘‘6 
months after the date of the enactment of 
this Act,’’ and inserting ‘‘May 29, 1990,’’; 
and
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(iv) in subsection (d), by striking ‘‘90 
days after the date of the enactment of 
this Act’’ and inserting ‘‘March 1, 1990’’. 
(4) CONTRACTOR
LIABILITY
FOR
INJURY
OR 
LOSS OF PROPERTY ARISING FROM ATOMIC WEAP-
ONS TESTING PROGRAMS.—Section 3141 of the Na-
tional Defense Authorization Act for Fiscal Year 
1991 (Public Law 101–510; 104 Stat. 1837) is—
(A) transferred to title XLVIII of division 
D of the Bob Stump National Defense Author-
ization Act for Fiscal Year 2003, as amended 
by this subsection; 
(B) redesignated as section 4803; 
(C) inserted after section 4802, as added 
by paragraph (3); and 
(D) amended—
(i) in the section heading, by adding a 
period at the end; and 
(ii) in subsection (d), by striking ‘‘the 
date of the enactment of this Act’’ each 
place it appears and inserting ‘‘November 
5, 1990,’’. 
(5) SUBTITLE HEADING ON RESEARCH AND DE-
VELOPMENT.—Title XLVIII of division D of the 
Bob Stump National Defense Authorization Act for
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Fiscal Year 2003, as amended by this subsection, is 
further amended by adding at the end the following 
new subtitle heading: 
‘‘Subtitle B—Research and 
Development’’. 
(6) LABORATORY-DIRECTED
RESEARCH
AND 
DEVELOPMENT.—Section 3132 of the National De-
fense Authorization Act for Fiscal Year 1991 (Pub-
lic Law 101–510; 104 Stat. 1832) is—
(A) transferred to title XLVIII of division 
D of the Bob Stump National Defense Author-
ization Act for Fiscal Year 2003, as amended 
by this subsection; 
(B) redesignated as section 4811; 
(C) inserted after the heading for subtitle 
B of such title, as added by paragraph (5); and 
(D) amended in the section heading by 
adding a period at the end. 
(7) LIMITATIONS ON USE OF FUNDS FOR LAB-
ORATORY
DIRECTED
RESEARCH
AND
DEVELOP-
MENT.—
(A) LIMITATIONS ON USE OF FUNDS FOR 
LABORATORY
DIRECTED
RESEARCH
AND
DE-
VELOPMENT.—Section 3137 of the National
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Defense Authorization Act for Fiscal Year 1998 
(Public Law 105–85; 111 Stat. 2038) is—
(i) transferred to title XLVIII of divi-
sion D of the Bob Stump National Defense 
Authorization Act for Fiscal Year 2003, as 
amended by this subsection; 
(ii) redesignated as section 4812; 
(iii) inserted after section 4811, as 
added by paragraph (6); and 
(iv) amended—
(I) in subsection (b), by striking 
‘‘section 3136(b) of the National De-
fense Authorization Act for Fiscal 
Year 1997 (Public Law 104–201; 110 
Stat. 2831; 42 U.S.C. 7257b)’’ and 
inserting ‘‘section 4812A(b)’’; 
(II) in subsection (d)—
(aa) by striking ‘‘section 
3136(b)(1)’’ and inserting ‘‘sec-
tion 4812A(b)(1)’’; and 
(bb) by striking ‘‘section 
3132(c) of the National Defense 
Authorization Act for Fiscal Year 
1991 (42 U.S.C. 7257a(c))’’ and 
inserting ‘‘section 4811(c)’’; and
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(III) in subsection (e), by strik-
ing ‘‘section 3132(d) of the National 
Defense Authorization Act for Fiscal 
Year 1991 (42 U.S.C. 7257a(d))’’ and 
inserting ‘‘section 4811(d)’’. 
(B) LIMITATION ON USE OF FUNDS FOR 
CERTAIN RESEARCH AND DEVELOPMENT PUR-
POSES.—Section 3136 of the National Defense 
Authorization Act for Fiscal Year 1997 (Public 
Law 104–201; 110 Stat. 2830), as amended by 
section 3137 of the National Defense Author-
ization Act for Fiscal Year 1998 (Public Law 
105–85; 111 Stat. 2038), is—
(i) transferred to title XLVIII of divi-
sion D of the Bob Stump National Defense 
Authorization Act for Fiscal Year 2003, as 
amended by this subsection; 
(ii) redesignated as section 4812A; 
(iii) inserted after section 4812, as 
added by paragraph (7); and 
(iv) amended in subsection (a) by in-
serting ‘‘of the National Defense Author-
ization Act for Fiscal Year 1997 (Public 
Law 104–201)’’ after ‘‘section 3101’’.
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(8) CRITICAL TECHNOLOGY PARTNERSHIPS.—
Section 3136 of the National Defense Authorization 
Act for Fiscal Years 1992 and 1993 (Public Law 
102–190; 105 Stat. 1577), as amended by section 
203(b)(3) of Public Law 103–35 (107 Stat. 102), 
is—
(A) transferred to title XLVIII of division 
D of the Bob Stump National Defense Author-
ization Act for Fiscal Year 2003, as amended 
by this subsection; 
(B) redesignated as section 4813; and 
(C) inserted after section 4812A, as added 
by paragraph (7)(B). 
(9) UNIVERSITY-BASED RESEARCH COLLABORA-
TION PROGRAM.—Section 3155 of the National De-
fense Authorization Act for Fiscal Year 1998 (Pub-
lic Law 105–85; 111 Stat. 2044) is—
(A) transferred to title XLVIII of division 
D of the Bob Stump National Defense Author-
ization Act for Fiscal Year 2003, as amended 
by this subsection; 
(B) redesignated as section 4814; 
(C) inserted after section 4813, as added 
by paragraph (8); and
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(D) amended in subsection (c) by striking 
‘‘this title’’ and inserting ‘‘title XXXI of the 
National Defense Authorization Act for Fiscal 
Year 1998 (Public Law 105–85)’’. 
(10) SUBTITLE HEADING ON FACILITIES MAN-
AGEMENT.—Title XLVIII of division D of the Bob 
Stump National Defense Authorization Act for Fis-
cal Year 2003, as amended by this subsection, is 
further amended by adding at the end the following 
new subtitle heading: 
‘‘Subtitle C—Facilities 
Management’’. 
(11) TRANSFERS OF REAL PROPERTY AT CER-
TAIN FACILITIES.—Section 3158 of the National De-
fense Authorization Act for Fiscal Year 1998 (Pub-
lic Law 105–85; 111 Stat. 2046) is—
(A) transferred to title XLVIII of division 
D of the Bob Stump National Defense Author-
ization Act for Fiscal Year 2003, as amended 
by this subsection; 
(B) redesignated as section 4831; and 
(C) inserted after the heading for subtitle 
C of such title, as added by paragraph (10). 
(12) ENGINEERING AND MANUFACTURING RE-
SEARCH, DEVELOPMENT, AND DEMONSTRATION AT
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CERTAIN
NUCLEAR
WEAPONS
PRODUCTION 
PLANTS.—Section 3156 of the Floyd D. Spence Na-
tional Defense Authorization Act for Fiscal Year 
2001 (as enacted into law by Public Law 106–398; 
114 Stat. 1654A–467) is—
(A) transferred to title XLVIII of division 
D of the Bob Stump National Defense Author-
ization Act for Fiscal Year 2003, as amended 
by this subsection; 
(B) redesignated as section 4832; and 
(C) inserted after section 4831, as added 
by paragraph (11). 
(13) PILOT PROGRAM ON USE OF PROCEEDS OF 
DISPOSAL OR UTILIZATION OF CERTAIN ASSETS.—
Section 3138 of the National Defense Authorization 
Act for Fiscal Year 1998 (Public Law 105–85; 111 
Stat. 2039) is—
(A) transferred to title XLVIII of division 
D of the Bob Stump National Defense Author-
ization Act for Fiscal Year 2003, as amended 
by this subsection; 
(B) redesignated as section 4833; 
(C) inserted after section 4832, as added 
by paragraph (12); and
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(D) amended in subsection (d) by striking 
‘‘sections 202 and 203(j) of the Federal Prop-
erty and Administrative Services Act of 1949 
(40 U.S.C. 483 and 484(j))’’ and inserting 
‘‘subchapter II of chapter 5 and section 549 of 
title 40, United States Code,’’. 
(14) SUBTITLE
HEADING
ON
OTHER
MAT-
TERS.—Title XLVIII of division D of the Bob 
Stump National Defense Authorization Act for Fis-
cal Year 2003, as amended by this subsection, is 
further amended by adding at the end the following 
new subtitle heading: 
‘‘Subtitle D—Other Matters’’. 
(15) SEMIANNUAL REPORTS ON LOCAL IMPACT 
ASSISTANCE.—Subsection (f) of section 3153 of the 
National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105–85; 111 Stat. 2044) is—
(A) transferred to title XLVIII of division 
D of the Bob Stump National Defense Author-
ization Act for Fiscal Year 2003, as amended 
by this subsection; 
(B) inserted after the heading for subtitle 
D of such title, as added by paragraph (14); 
and 
(C) amended—
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(i) by inserting before the text the fol-
lowing new section heading: 
‘‘SEC. 4851. SEMIANNUAL REPORTS ON LOCAL IMPACT AS-
SISTANCE.’’; 
(ii) by striking ‘‘(f) SEMIANNUAL RE-
PORTS TO CONGRESS OF LOCAL IMPACT 
ASSISTANCE.—’’; and 
(iii) by striking ‘‘section 3161(c)(6) of 
the National Defense Authorization Act of 
1993 (42 U.S.C. 7274h(c)(6))’’ and insert-
ing ‘‘section 4604(c)(6)’’. 
(l) MATTERS RELATING
TO PARTICULAR FACILI-
TIES.—
(1) HEADINGS.—Division D of the Bob Stump 
National Defense Authorization Act for Fiscal Year 
2003, as amended by this section, is further amend-
ed by adding at the end the following new headings: 
‘‘TITLE XLIX—MATTERS RELAT-
ING TO PARTICULAR FACILI-
TIES 
‘‘Subtitle A—Hanford Reservation, 
Washington’’. 
(2) SAFETY MEASURES FOR WASTE TANKS.—
Section 3137 of the National Defense Authorization
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Act for Fiscal Year 1991 (Public Law 101–510; 104 
Stat. 1833) is—
(A) transferred to title XLIX of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as added by 
paragraph (1); 
(B) redesignated as section 4901; 
(C) inserted after the heading for subtitle 
A of such title, as so added; and 
(D) amended—
(i) in the section heading, by adding a 
period at the end; 
(ii) in subsection (a), by striking 
‘‘Within 90 days after the date of the en-
actment of this Act,’’ and inserting ‘‘Not 
later than February 3, 1991,’’; 
(iii) in subsection (b), by striking 
‘‘Within 120 days after the date of the en-
actment of this Act,’’ and inserting ‘‘Not 
later than March 5, 1991,’’; 
(iv) in subsection (c), by striking ‘‘Be-
ginning 120 days after the date of the en-
actment of this Act,’’ and inserting ‘‘Be-
ginning March 5, 1991,’’; and
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(v) in subsection (d), by striking 
‘‘Within six months after the date of the 
enactment of this Act,’’ and inserting ‘‘Not 
later than May 5, 1991,’’. 
(3) PROGRAMS FOR PERSONS WHO MAY HAVE 
BEEN
EXPOSED
TO
RADIATION
RELEASED
FROM 
HANFORD RESERVATION.—Section 3138 of the Na-
tional Defense Authorization Act for Fiscal Year 
1991 (Public Law 101–510; 104 Stat. 1834), as 
amended by section 3138 of the National Defense 
Authorization Act for Fiscal Year 1995 (Public Law 
103–337; 108 Stat. 3087), is—
(A) transferred to title XLIX of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4902; 
(C) inserted after section 4901, as added 
by paragraph (2); and 
(D) amended—
(i) in the section heading, by adding a 
period at the end; 
(ii) in subsection (a), by striking ‘‘this 
title’’ and inserting ‘‘title XXXI of the Na-
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tional Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101–510)’’; and 
(iii) in subsection (c)—
(I) in paragraph (2), by striking 
‘‘six months after the date of the en-
actment of this Act,’’ and inserting 
‘‘May 5, 1991,’’; and 
(II) in paragraph (3), by striking 
‘‘18 months after the date of the en-
actment of this Act,’’ and inserting 
‘‘May 5, 1992,’’. 
(4) WASTE TANK CLEANUP PROGRAM.—Section 
3139 of the Strom Thurmond National Defense Au-
thorization Act for Fiscal Year 1999 (Public Law 
105–261; 112 Stat. 2250), as amended by section 
3141 of the Floyd D. Spence National Defense Au-
thorization Act for Fiscal Year 2001 (as enacted 
into law by Public Law 106–398; 114 Stat. 1654A–
463) and section 3135 of the National Defense Au-
thorization Act for Fiscal Year 2002 (Public Law 
107–107; 115 Stat. 1368), is—
(A) transferred to title XLIX of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection;
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(B) redesignated as section 4903; 
(C) inserted after section 4902, as added 
by paragraph (3); and 
(D) amended in subsection (d) by striking 
‘‘30 days after the date of the enactment of the 
Floyd D. Spence National Defense Authoriza-
tion Act for Fiscal Year 2001,’’ and inserting 
‘‘November 29, 2000,’’. 
(5) RIVER PROTECTION PROJECT.—Subsection 
(a) of section 3141 of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (as 
enacted into law by Public Law 106–398; 114 Stat. 
1654A–462) is—
(A) transferred to title XLIX of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) inserted after section 4903, as added 
by paragraph (4); and 
(C) amended—
(i) by inserting before the text the fol-
lowing new section heading: 
‘‘SEC. 4904. RIVER PROTECTION PROJECT.’’; 
and
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(ii) by striking ‘‘(a) REDESIGNATION 
OF PROJECT.—’’. 
(6) FUNDING
FOR
TERMINATION
COSTS
OF 
RIVER PROTECTION PROJECT.—Section 3131 of the 
Floyd D. Spence National Defense Authorization 
Act for Fiscal Year 2001 (as enacted into law by 
Public Law 106–398; 114 Stat. 1654A–454) is—
(A) transferred to title XLIX of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as section 4905; 
(C) inserted after section 4904, as added 
by paragraph (5); and 
(D) amended—
(i) by striking ‘‘section 3141’’ and in-
serting ‘‘section 4904’’; and 
(ii) by striking ‘‘the date of the enact-
ment of this Act’’ and inserting ‘‘October 
30, 2000’’. 
(7) SUBTITLE HEADING ON SAVANNAH RIVER 
SITE, SOUTH CAROLINA.—Title XLIX of division D 
of the Bob Stump National Defense Authorization 
Act for Fiscal Year 2003, as amended by this sub-
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section, is further amended by adding at the end the 
following new subtitle heading: 
‘‘Subtitle B—Savannah River Site, 
South Carolina’’. 
(8) ACCELERATED SCHEDULE FOR ISOLATING 
HIGH-LEVEL NUCLEAR WASTE AT DEFENSE WASTE 
PROCESSING
FACILITY.—Section 3141 of the Na-
tional Defense Authorization Act for Fiscal Year 
1997 (Public Law 104–201; 110 Stat. 2834) is—
(A) transferred to title XLIX of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) redesignated as 4911; and 
(C) inserted after the heading for subtitle 
B of such title, as added by paragraph (7). 
(9) MULTI-YEAR PLAN FOR CLEAN-UP.—Sub-
section (e) of section 3142 of the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 
104–201; 110 Stat. 2834) is—
(A) transferred to title XLIX of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection;
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(B) inserted after section 4911, as added 
by paragraph (8); and 
(C) amended—
(i) by inserting before the text the fol-
lowing new section heading: 
‘‘SEC. 4912. MULTI-YEAR PLAN FOR CLEAN-UP.’’; 
and 
(ii) by striking ‘‘(e) MULTI-YEAR 
PLAN
FOR
CLEAN-UP
AT
SAVANNAH 
RIVER SITE.—The Secretary’’ and insert-
ing ‘‘The Secretary of Energy’’. 
(10) CONTINUATION OF PROCESSING, TREAT-
MENT, AND DISPOSAL OF LEGACY NUCLEAR MATE-
RIALS.—
(A) FISCAL YEAR 2001.—Subsection (a) of 
section 3137 of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 
(as enacted into law by Public Law 106–398; 
114 Stat 1654A–460) is—
(i) transferred to title XLIX of divi-
sion D of the Bob Stump National Defense 
Authorization Act for Fiscal Year 2003, as 
amended by this subsection; 
(ii) inserted after section 4912, as 
added by paragraph (9); and
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(iii) amended—
(I) by inserting before the text 
the following new section heading: 
‘‘SEC. 4913. CONTINUATION OF PROCESSING, TREATMENT, 
AND DISPOSAL OF LEGACY NUCLEAR MATE-
RIALS.’’; 
and 
(II) by striking ‘‘(a) CONTINU-
ATION.—’’. 
(B) FISCAL YEAR 2000.—Section 3132 of 
the National Defense Authorization Act for Fis-
cal Year 2000 (Public Law 106–65; 113 Stat. 
924) is—
(i) transferred to title XLIX of divi-
sion D of the Bob Stump National Defense 
Authorization Act for Fiscal Year 2003, as 
amended by this subsection; 
(ii) redesignated as section 4913A; 
and 
(iii) inserted after section 4913, as 
added by subparagraph (A). 
(C) FISCAL YEAR 1999.—Section 3135 of 
the Strom Thurmond National Defense Author-
ization Act for Fiscal Year 1999 (Public Law 
105–261; 112 Stat. 2248) is—
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(i) transferred to title XLIX of divi-
sion D of the Bob Stump National Defense 
Authorization Act for Fiscal Year 2003, as 
amended by this subsection; 
(ii) redesignated as section 4913B; 
and 
(iii) inserted after section 4913A, as 
added by subparagraph (B). 
(D) FISCAL YEAR 1998.—Subsection (b) 
of section 3136 of the National Defense Au-
thorization Act for Fiscal Year 1998 (Public 
Law 105–85; 111 Stat. 2038) is—
(i) transferred to title XLIX of divi-
sion D of the Bob Stump National Defense 
Authorization Act for Fiscal Year 2003, as 
amended by this subsection; 
(ii) inserted after section 4913B, as 
added by subparagraph (C); and 
(iii) amended—
(I) by inserting before the text 
the following new section heading: 
‘‘SEC. 4913C. CONTINUATION OF PROCESSING, TREATMENT, 
AND DISPOSAL OF LEGACY NUCLEAR MATE-
RIALS.’’; 
and
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(II) by striking ‘‘(b) REQUIRE-
MENT FOR CONTINUING OPERATIONS 
AT SAVANNAH RIVER SITE.—’’. 
(E) FISCAL YEAR 1997.—Subsection (f) of 
section 3142 of the National Defense Author-
ization Act for Fiscal Year 1997 (Public Law 
104–201; 110 Stat. 2836) is—
(i) transferred to title XLIX of divi-
sion D of the Bob Stump National Defense 
Authorization Act for Fiscal Year 2003, as 
amended by this subsection; 
(ii) inserted after section 4913C, as 
added by subparagraph (D); and 
(iii) amended—
(I) by inserting before the text 
the following new section heading: 
‘‘SEC. 4913D. CONTINUATION OF PROCESSING, TREATMENT, 
AND DISPOSAL OF LEGACY NUCLEAR MATE-
RIALS.’’; 
(II) by striking ‘‘(f) REQUIRE-
MENT FOR CONTINUING OPERATIONS 
AT
SAVANNAH
RIVER
SITE.—The 
Secretary’’ and inserting ‘‘The Sec-
retary of Energy’’; and
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(III) by striking ‘‘subsection (e)’’ 
and inserting ‘‘section 4912’’. 
(11) LIMITATION ON USE OF FUNDS FOR DE-
COMMISSIONING
F–CANYON
FACILITY.—Subsection 
(b) of section 3137 of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (as 
enacted into law by Public Law 106–398; 114 Stat. 
1654A–460) is—
(A) transferred to title XLIX of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(B) inserted after section 4913D, as added 
by paragraph (10)(E); and 
(C) amended—
(i) by inserting before the text the fol-
lowing new section heading: 
‘‘SEC. 4914. LIMITATION ON USE OF FUNDS FOR DECOMMIS-
SIONING F–CANYON FACILITY.’’; 
(ii) by striking ‘‘(b) LIMITATION ON 
USE
OF FUNDS
FOR DECOMMISSIONING 
F–CANYON FACILITY.—’’; 
(iii) by striking ‘‘this or any other 
Act’’ and inserting ‘‘the Floyd D. Spence 
National Defense Authorization Act for
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Fiscal Year 2001 (as enacted into law by 
Public Law 106–398) or any other Act’’; 
and 
(iv) by striking ‘‘the Secretary’’ in the 
matter preceding paragraph (1) and insert-
ing ‘‘the Secretary of Energy’’. 
(12) DISPOSITION OF PLUTONIUM.—
(A) DISPOSITION
OF
WEAPONS
USABLE 
PLUTONIUM.—Section 3182 of the Bob Stump 
National Defense Authorization Act for Fiscal 
Year 2003 (Public Law 107–314; 116 Stat. 
2747) is—
(i) transferred to title XLIX of divi-
sion D of such Act, as amended by this 
subsection; 
(ii) redesignated as section 4915; and 
(iii) inserted after section 4914, as 
added by paragraph (11). 
(B) DISPOSITION
OF
SURPLUS
DEFENSE 
PLUTONIUM.—Section 3155 of the National De-
fense Authorization Act for Fiscal Year 2002 
(Public Law 107–107; 115 Stat. 1378) is—
(i) transferred to title XLIX of divi-
sion D of the Bob Stump National Defense
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Authorization Act for Fiscal Year 2003, as 
amended by this subsection; 
(ii) redesignated as section 4915A; 
and 
(iii) inserted after section 4915, as 
added by subparagraph (A). 
(13) SUBTITLE
HEADING
ON
OTHER
FACILI-
TIES.—Title XLIX of division D of the Bob Stump 
National Defense Authorization Act for Fiscal Year 
2003, as amended by this subsection, is further 
amended by adding at the end the following new 
subtitle heading: 
‘‘Subtitle C—Other Facilities’’. 
(14) PAYMENT OF COSTS OF OPERATION AND 
MAINTENANCE
OF
INFRASTRUCTURE
AT
NEVADA 
TEST SITE.—Section 3144 of the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 
104–201; 110 Stat. 2838) is—
(A) transferred to title XLIX of division D 
of such Act, as amended by this subsection; 
(B) redesignated as section 4921; and 
(C) inserted after the heading for subtitle 
C of such title, as added by paragraph (13). 
(m) CONFORMING AMENDMENTS.—(1) Title XXXVI 
of the Bob Stump National Defense Authorization Act for
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Fiscal Year 2003 (Public Law 107–314; 116 Stat. 1756) 
is repealed. 
(2) Subtitle E of title XXXI of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102–
484; 42 U.S.C. 7274h et seq.) is repealed. 
(3) Section 8905a(d)(5)(A) of title 5, United States 
Code, is amended by striking ‘‘section 3143 of the Na-
tional Defense Authorization Act for Fiscal Year 1997 (42 
U.S.C. 7274n)’’ and inserting ‘‘section 4421 of the Atomic 
Energy Defense Act’’.
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY 
BOARD
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal 
year 2004, $19,559,000 for the operation of the Defense 
Nuclear Facilities Safety Board under chapter 21 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIII—NATIONAL 
DEFENSE STOCKPILE
SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE 
STOCKPILE FUNDS. 
(a) OBLIGATION OF STOCKPILE FUNDS.—During fis-
cal year 2004, the National Defense Stockpile Manager 
may obligate up to $69,701,000 of the funds in the Na-
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tional Defense Stockpile Transaction Fund established 
under subsection (a) of section 9 of the Strategic and Crit-
ical Materials Stock Piling Act (50 U.S.C. 98h) for the 
authorized uses of such funds under subsection (b)(2) of 
such section, including the disposal of hazardous materials 
that are environmentally sensitive. 
(b) ADDITIONAL OBLIGATIONS.—The National De-
fense Stockpile Manager may obligate amounts in excess 
of the amount specified in subsection (a) if the National 
Defense Stockpile Manager notifies Congress that extraor-
dinary or emergency conditions necessitate the additional 
obligations. The National Defense Stockpile Manager may 
make the additional obligations described in the notifica-
tion after the end of the 45-day period beginning on the 
date on which 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. REVISIONS TO OBJECTIVES FOR RECEIPTS FOR 
FISCAL YEAR 2000 DISPOSALS. 
(a) IN GENERAL.—Section 3402(b) of the National 
Defense Authorization Act for Fiscal Year 2000 (Public 
Law 106–65; 113 Stat. 972; 50 U.S.C. 98d note) is 
amended—
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(1) by striking ‘‘and’’ at the end of paragraph 
(2); and 
(2) by striking paragraph (3) and inserting the 
following new paragraphs: 
‘‘(3) $310,000,000 before the end of fiscal year 
2008; and 
‘‘(4) $320,000,000 before the end of fiscal year 
2009.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on October 1, 2003, or the 
date of the enactment of this Act, whichever is later.
TITLE XXXIV—NAVAL 
PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 
(a) AMOUNT.—There are hereby authorized to be ap-
propriated to the Secretary of Energy $16,500,000 for fis-
cal year 2004 for the purpose of carrying out activities 
under chapter 641 of title 10, United States Code, relating 
to the naval petroleum reserves. 
(b) PERIOD OF AVAILABILITY.—Funds appropriated 
pursuant to the authorization of appropriations in sub-
section (a) shall remain available until expended.
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TITLE XXXV—MARITIME 
ADMINISTRATION 
Subtitle A—General Provisions 
SEC. 3501. SHORT TITLE. 
This title may be cited as the ‘‘Maritime Security Act 
of 2003’’. 
SEC. 3502. DEFINITIONS. 
In this subtitle:
(1) BULK
CARGO.—The term ‘‘bulk cargo’’ 
means cargo that is loaded and carried in bulk with-
out mark or count. 
(2) 
CONTRACTOR.—The 
term 
‘‘contractor’’ 
means an owner or operator of a vessel that enters 
into an operating agreement for the vessel with the 
Secretary under section 3512. 
(3) FLEET.—The term ‘‘Fleet’’ means the Mar-
itime Security Fleet established under section 
3511(a). 
(4) FOREIGN COMMERCE.—The term ‘‘foreign 
commerce’’—
(A) subject to subparagraph (B), means 
commerce or trade between the United States, 
its territories or possessions, or the District of 
Columbia, and a foreign country; and
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(B) includes, in the case of liquid and dry 
bulk cargo carrying services, trading between 
foreign ports in accordance with normal com-
mercial bulk shipping practices in such manner 
as will permit United States-documented vessels 
freely to compete with foreign-flag bulk car-
rying vessels in their operation or in competing 
for charters, subject to rules and regulations 
promulgated by the Secretary of Transportation 
pursuant to subtitle B or C. 
(5) FORMER PARTICIPATING FLEET VESSEL.—
The 
term 
‘‘former 
participating 
fleet 
vessel’’ 
means—
(A) any vessel that—
(i) on October 1, 2005—
(I) will meet the requirements of 
paragraph (1), (2), (3), or (4) of sec-
tion 3511(c); and 
(II) will be less than 25 years of 
age, or less than 30 years of age in 
the case of a LASH vessel; and 
(ii) on December 31, 2003, is covered 
by an operating agreement under subtitle 
B of title VI of the Merchant Marine Act, 
1936 (46 App. U.S.C. 1187 et seq.); and
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(B) any vessel that—
(i) is a replacement for a vessel de-
scribed in subparagraph (A); 
(ii) is controlled by the person that 
controls such replaced vessel; 
(iii) is eligible to be included in the 
Fleet under section 3511(b); 
(iv) is approved by the Secretary and 
the Secretary of Defense; and 
(v) begins operation under an oper-
ating agreement under subtitle B by not 
later than the end of the 30-month period 
beginning on the date the operating agree-
ment is entered into by the Secretary. 
(6) LASH VESSEL.—The term ‘‘LASH vessel’’ 
means a lighter aboard ship vessel. 
(7) PERSON.—The term ‘‘person’’ includes cor-
porations, partnerships, and associations existing 
under or authorized by the laws of the United 
States, or any State, Territory, District, or posses-
sion thereof, or of any foreign country. 
(8) PRODUCT TANK VESSEL.—The term ‘‘prod-
uct tank vessel’’ means a double hulled tank vessel 
capable of carrying simultaneously more than 2 sep-
arated grades of refined petroleum products.
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(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(10) UNITED
STATES.—The term ‘‘United 
States’’ includes the District of Columbia, the Com-
monwealth of Puerto Rico, the Northern Mariana Is-
lands, Guam, American Samoa, the Virgin Islands. 
(11) UNITED STATES-DOCUMENTED VESSEL.—
The term ‘‘United States-documented vessel’’ means 
a vessel documented under chapter 121 of title 46, 
United States Code. 
Subtitle B—Maritime Security 
Fleet 
SEC. 
3511. 
ESTABLISHMENT 
OF 
MARITIME 
SECURITY 
FLEET. 
(a) IN GENERAL.—The Secretary of Transportation 
shall establish a fleet of active, militarily useful, privately 
owned vessels to meet national defense and other security 
requirements and maintain a United States presence in 
international commercial shipping. The Fleet shall consist 
of privately owned, United States-documented vessels for 
which there are in effect operating agreements under this 
subtitle, and shall be known as the Maritime Security 
Fleet. 
(b) VESSEL ELIGIBILITY.—A vessel is eligible to be 
included in the Fleet if—
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(1) the vessel meets the requirements of para-
graph (1), (2), (3), or (4) of subsection (c); 
(2) the vessel is operated (or in the case of a 
vessel to be constructed, will be operated) in pro-
viding transportation in foreign commerce; 
(3) the vessel is self-propelled and is—
(A) a roll-on/roll-off vessel with a carrying 
capacity of at least 80,000 square feet or 500 
twenty-foot equivalent units and that is 15 
years of age or less on the date the vessel is in-
cluded in the Fleet; 
(B) a tank vessel that is constructed in the 
United States after the date of the enactment 
of this subtitle; 
(C) a tank vessel that is 10 years of age 
or less on the date the vessel is included in the 
Fleet; 
(D) a LASH vessel that is 25 years of age 
or less on the date the vessel is included in the 
Fleet; or 
(E) any other type of vessel that is 15 
years of age or less on the date the vessel is in-
cluded in the Fleet; 
except that the Secretary of Transportation shall 
waive the application of an age restriction under this
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paragraph if the waiver is requested by the Sec-
retary of Defense; 
(4) the vessel is determined by the Secretary of 
Defense to be suitable for use by the United States 
for national defense or military purposes in time of 
war or national emergency; and 
(5) the vessel—
(A) is a United States-documented vessel; 
or 
(B) is not a United States-documented ves-
sel, but—
(i) the owner of the vessel has dem-
onstrated an intent to have the vessel doc-
umented under chapter 121 of title 46, 
United States Code, if it is included in the 
Fleet; and 
(ii) at the time an operating agree-
ment for the vessel is entered into under 
this subtitle, the vessel is eligible for docu-
mentation under chapter 121 of title 46, 
United States Code. 
(c) REQUIREMENTS REGARDING CITIZENSHIP
OF 
OWNERS AND CHARTERERS.—
(1) VESSEL OWNED AND OPERATED BY SEC-
TION 2 CITIZENS.—A vessel meets the requirements
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of this paragraph if, during the period of an oper-
ating agreement under this subtitle that applies to 
the vessel, the vessel will be owned and operated by 
persons one or more persons that are citizens of the 
United States under section 2 of the Shipping Act, 
1916 (46 App. U.S.C. 802).
(2) VESSEL OWNED BY SECTION 2 CITIZEN AND 
CHARTERED TO DOCUMENTATION CITIZEN.—A ves-
sel meets the requirements of this paragraph if—
(A) during the period of an operating 
agreement under this subtitle that applies to 
the vessel, the vessel will be—
(i) owned by a person that is a citizen 
of the United States under section 2 of the 
Shipping Act, 1916 (46 App. U.S.C. 802); 
and 
(ii) demise chartered to a person—
(I) that is eligible to document 
the vessel under chapter 121 of title 
46, United States Code; 
(II) the chairman of the board of 
directors, chief executive officer, and a 
majority of the members of the board 
of directors of which are citizens of 
the United States under section 2 of
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the Shipping Act, 1916 (46 App. 
U.S.C. 802), and are appointed and 
subjected to removal only upon ap-
proval by the Secretary; and 
(III) that certifies that there are 
no treaties, statutes, regulations, or 
other laws that would prohibit the 
contractor for the vessel from per-
forming its obligations under an oper-
ating agreement under this subtitle; 
and 
(B) in the case of a vessel that will be 
chartered to a person that is owned or con-
trolled by another person that is not a citizen 
of the United States under section 2 of the 
Shipping Act, 1916 (46 App. U.S.C. 802), the 
other person enters into an agreement with the 
Secretary not to influence the operation of the 
vessel in a manner that will adversely affect the 
interests of the United States.
(3) VESSEL
OWNED
AND
OPERATED
BY
DE-
FENSE CONTRACTOR.—A vessel meets the require-
ments of this paragraph if, during the period of an 
operating agreement under this subtitle that applies
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to the vessel, the vessel will be owned and operated 
by one or more persons that—
(A) are eligible to document a vessel under 
chapter 121 of title 46, United States Code; 
(B) operates or manages other United 
States-documented vessels for the Secretary of 
Defense, or charters other vessels to the Sec-
retary of Defense; 
(C) has entered into a Special Security 
Agreement for purposes of this paragraph with 
the Secretary of Defense; 
(D) makes the certification described in 
paragraph (2)(A)(ii)(III); and 
(E) in the case of a vessel described in 
paragraph (2)(B), enters into an agreement re-
ferred to in that paragraph. 
(4) VESSEL OWNED BY DOCUMENTATION CIT-
IZEN AND CHARTERED TO SECTION 2 CITIZEN.—A 
vessel meets the requirements of this paragraph if, 
during the period of an operating agreement under 
this subtitle that applies to the vessel, the vessel will 
be—
(A) owned by a person that is eligible to 
document a vessel under chapter 121 of title 
46, United States Code; and
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(B) demise chartered to a person that is a 
citizen of the United States under section 2 of 
the Shipping Act, 1916 (46 App. U.S.C. 802). 
(d) REQUEST BY SECRETARY OF DEFENSE.—The 
Secretary of Defense shall request the Secretary of Home-
land Security to issue any waiver under the first section 
of Public Law 81–891 (64 Stat. 1120; 46 App. U.S.C. 
note prec. 3) that is necessary for purposes of this subtitle. 
SEC. 3512. AWARD OF OPERATING AGREEMENTS. 
(a) IN GENERAL.—The Secretary shall require, as a 
condition of including any vessel in the Fleet, that the per-
son that is the owner or charterer of the vessel for pur-
poses of section 3511(c) enter into an operating agreement 
with the Secretary under this section. 
(b) PROCEDURE FOR APPLICATIONS.—
(1) ACCEPTANCE
OF
APPLICATIONS.—Begin-
ning no later than 30 days after the effective date 
of this subtitle, the Secretary shall accept applica-
tions for enrollment of vessels in the Fleet. 
(2) ACTION
ON
APPLICATIONS.—Within 90 
days after receipt of an application for enrollment of 
a vessel in the Fleet, the Secretary shall enter into 
an operating agreement with the applicant or pro-
vide in writing the reason for denial of that applica-
tion.
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(c) PRIORITY FOR AWARDING AGREEMENTS.—
(1) IN GENERAL.—Subject to the availability of 
appropriations, the Secretary shall enter into oper-
ating agreements according to the following priority: 
(A) NEW TANK VESSELS.—First, for any 
tank vessel that—
(i) is constructed in the United States 
after the effective date of this subtitle; 
(ii) is eligible to be included in the 
Fleet under section 3511(b); and 
(iii) during the period of an operating 
agreement under this subtitle that applies 
to the vessel, will be owned and operated 
by one or more persons that are citizens of 
the United States under section 2 of the 
Shipping Act, 1916 (46 App. U.S.C. 802), 
except that the Secretary shall not enter into 
operating agreements under this subparagraph 
for more than 5 such vessels. 
(B) FORMER
PARTICIPATING
VESSELS.—
Second, to the extent amounts are available 
after applying subparagraphs (A), for any 
former participating fleet vessel, except that the 
Secretary shall not enter into operating agree-
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ments under this subparagraph for more than 
47 vessels. 
(C) CERTAIN VESSELS OPERATED BY SEC-
TION
CITIZENS.—Third, 
to 
the 
extent 
amounts are available after applying subpara-
graphs (A) and (B), for any other vessel that 
is eligible to be included in the Fleet under sec-
tion 3511(b), and that, during the period of an 
operating agreement under this subtitle that 
applies to the vessel, will be—
(i) owned and operated by one or 
more persons that are citizens of the 
United States under section 2 of the Ship-
ping Act, 1916 (46 App. U.S.C. 802); or
(ii) owned by a person that is eligible 
to document the vessel under chapter 121 
of title 46, United States Code, and oper-
ated by a person that is a citizen of the 
United States under section 2 of the Ship-
ping Act, 1916 (46 App. U.S.C. 802). 
(D) OTHER ELIGIBLE VESSELS.—Fourth, 
to the extent amounts are available after apply-
ing subparagraphs (A), (B), and (C), for any 
other vessel that is eligible to be included in the 
Fleet under section 3511(b).
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(2) REDUCTION
IN
NUMBER
OF
SLOTS
FOR 
FORMER
PARTICIPATING
FLEET
VESSELS.—The 
number in paragraph (1)(B) shall be reduced by 1—
(A) for each former participating fleet ves-
sel for which an application for enrollment in 
the Fleet is not received by the Secretary within 
the 90-day period beginning on the effective 
date of this subtitle; and 
(B) for each former participating fleet ves-
sel for which an application for enrollment in 
the Fleet received by the Secretary is not ap-
proved by the Secretary of Defense within the 
90-day period beginning on the date of such re-
ceipt. 
(3) DISCRETION WITHIN PRIORITY.—The Sec-
retary—
(A) subject to subparagraph (B), may 
award operating agreements within each pri-
ority under paragraph (1) as the Secretary con-
siders appropriate; and 
(B) shall award operating agreement with-
in a priority— 
(i) in accordance with operational re-
quirements specified by the Secretary of 
Defense; and
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(ii) subject to the approval of the Sec-
retary of Defense. 
(4) TREATMENT OF TANK VESSEL TO BE RE-
PLACED.—(A) For purposes of the application of 
paragraph (1)(A) with respect to the award of an 
operating agreement, the Secretary may treat an ex-
isting tank vessel that is eligible to be included in 
the Fleet under section 3511(b) as a vessel that is 
constructed in the United States after the effective 
date of this subtitle, if—
(i) a binding contract for construction in 
the United States of a replacement vessel to be 
operated under the operating agreement is exe-
cuted by not later than 9 months after the first 
date amounts are available to carry out this 
subtitle; and 
(ii) the replacement vessel is eligible to be 
included in the Fleet under section 3511(b). 
(B) No payment under this subtitle may be 
made for an existing tank vessel for which an oper-
ating agreement is awarded under this paragraph 
after the earlier of—
(i) 4 years after the first date amounts are 
available to carry out this subtitle; or
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(ii) the date of delivery of the replacement 
tank vessel. 
(d) LIMITATION.—The Secretary may not award op-
erating agreements under this subtitle that require pay-
ments under section 3515 for a fiscal year for more than 
60 vessels. 
SEC. 3513. EFFECTIVENESS OF OPERATING AGREEMENTS. 
(a) EFFECTIVENESS, GENERALLY.—The Secretary 
may enter into an operating agreement under this subtitle 
for fiscal year 2006. Except as provided in subsection (b), 
the agreement shall be effective only for 1 fiscal year, but 
shall be renewable, subject to the availability of appropria-
tions, for each subsequent fiscal year through the end of 
fiscal year 2015. 
(b) VESSELS UNDER CHARTER TO U.S.—Unless an 
earlier date is requested by the applicant, the effective 
date for an operating agreement with respect to a vessel 
that is, on the date of entry into an operating agreement, 
on charter to the United States Government, other than 
a charter pursuant to an Emergency Preparedness Agree-
ment under section 3516, shall be the expiration or termi-
nation date of the Government charter covering the vessel, 
or any earlier date the vessel is withdrawn from that char-
ter. 
(c) TERMINATION.—
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(1) IN GENERAL.—If the contractor with re-
spect to an operating agreement fails to comply with 
the terms of the agreement—
(A) the Secretary shall terminate the oper-
ating agreement; and 
(B) any budget authority obligated by the 
agreement shall be available to the Secretary to 
carry out this subtitle. 
(2) EARLY TERMINATION.—An operating agree-
ment under this subtitle shall terminate on a date 
specified by the contractor if the contractor notifies 
the Secretary, by not later than 60 days before the 
effective date of the termination, that the contractor 
intends to terminate the agreement. 
(d) NONRENEWAL FOR LACK OF FUNDS.—
(1) NOTIFICATION OF CONGRESS.—If, by the 
first day of a fiscal year, sufficient funds have not 
been appropriated under the authority provided by 
this subtitle for that fiscal year, then the Secretary 
shall notify the Congress that operating agreements 
authorized under this subtitle for which sufficient 
funds are not available will not be renewed for that 
fiscal year if sufficient funds are not appropriated by 
the 60th day of that fiscal year.
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(2) RELEASE
OF
VESSELS
FROM
OBLIGA-
TIONS.—If funds are not appropriated under the au-
thority provided by this subtitle for any fiscal year 
by the 60th day of that fiscal year, then each vessel 
covered by an operating agreement under this sub-
title for which funds are not available—
(A) is thereby released from any further 
obligation under the operating agreement; 
(B) the owner or operator of the vessel 
may transfer and register such vessel under a 
foreign registry that is acceptable to the Sec-
retary of Transportation and the Secretary of 
Defense, notwithstanding section 9 of the Ship-
ping Act, 1916 (46 App. U.S.C. 808); and 
(C) if section 902 of the Merchant Marine 
Act, 1936 (46 App. U.S.C. 1242) is applicable 
to such vessel after registration of the vessel 
under such a registry, then the vessel is avail-
able to be requisitioned by the Secretary of 
Transportation pursuant to section 902 of such 
Act.
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SEC. 3514. OBLIGATIONS AND RIGHTS UNDER OPERATING 
AGREEMENTS. 
(a) OPERATION OF VESSEL.—An operating agree-
ment under this subtitle shall require that, during the pe-
riod a vessel is operating under the agreement—
(1) the vessel—
(A) shall be operated exclusively in the for-
eign commerce or in mixed foreign commerce 
and domestic trade allowed under a registry en-
dorsement issued under section 12105 of title 
46, United States Code; and 
(B) shall not otherwise be operated in the 
coastwise trade; and 
(2) the vessel shall be documented under chap-
ter 121 of title 46, United States Code. 
(b) ANNUAL PAYMENTS BY SECRETARY.—
(1) IN
GENERAL.—An operating agreement 
under this subtitle shall require, subject to the avail-
ability of appropriations, that the Secretary make a 
payment each fiscal year to the contractor in accord-
ance with section 3515. 
(2) OPERATING AGREEMENT IS OBLIGATION OF 
UNITED
STATES
GOVERNMENT.—An 
operating 
agreement under this subtitle constitutes a contrac-
tual obligation of the United States Government to
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pay the amounts provided for in the agreement to 
the extent of actual appropriations. 
(c) DOCUMENTATION REQUIREMENT.—Each vessel 
covered by an operating agreement (including an agree-
ment terminated under section 3513(c)(2)) shall remain 
documented under chapter 121 of title 46, United States 
Code, until the date the operating agreement would termi-
nate according to its terms. 
(d) NATIONAL SECURITY REQUIREMENTS.—
(1) IN GENERAL.—A contractor with respect to 
an operating agreement (including an agreement ter-
minated under section 3513(c)(2)) shall continue to 
be bound by the provisions of section 3516 until the 
date the operating agreement would terminate ac-
cording to its terms. 
(2) 
EMERGENCY
PREPAREDNESS
AGREE-
MENT.—All terms and conditions of an Emergency 
Preparedness Agreement entered into under section 
3516 shall remain in effect until the date the oper-
ating agreement would terminate according to its 
terms, except that the terms of such Emergency 
Preparedness Agreement may be modified by the 
mutual consent of the contractor and the Secretary 
of Transportation and the Secretary of Defense.
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(e) TRANSFER
OF OPERATING AGREEMENTS.—A 
contractor under an operating agreement may transfer the 
agreement (including all rights and obligations under the 
agreement) to any person that is eligible to enter into that 
operating agreement under this subtitle, if the transfer is 
approved by the Secretary and the Secretary of Defense. 
SEC. 3515. PAYMENTS. 
(a) ANNUAL PAYMENT.—
(1) IN
GENERAL.—The Secretary, subject to 
the availability of appropriations and the other pro-
visions of this section, shall pay to the contractor for 
an operating agreement, for each vessel that is cov-
ered by the operating agreement, an amount equal 
to—
(A) $2,600,000 for each of fiscal years 
2006 and 2007, and 
(B) 
such 
amount, 
not 
less 
than 
$2,600,000, for each fiscal year thereafter for 
which the agreement is in effect as the Sec-
retary, with the concurrence of the Secretary of 
Defense, considers to be necessary to meet the 
operational requirements of the Secretary of 
Defense. 
(2) TIMING.—The amount shall be paid in 
equal monthly installments at the end of each
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month. The amount shall not be reduced except as 
provided by this section. 
(b) CERTIFICATION REQUIRED FOR PAYMENT.—As 
a condition of receiving payment under this section for a 
fiscal year for a vessel, the contractor for the vessel shall 
certify, in accordance with regulations issued by the Sec-
retary, that the vessel has been and will be operated in 
accordance with section 3514(a)(1) for at least 320 days 
in the fiscal year. Days during which the vessel is 
drydocked, surveyed, inspected, or repaired shall be con-
sidered days of operation for purposes of this subsection. 
(c) LIMITATIONS.—The Secretary of Transportation 
shall not make any payment under this subtitle for a ves-
sel with respect to any days for which the vessel is—
(1) under a charter to the United States Gov-
ernment, other than a charter pursuant to an Emer-
gency Preparedness Agreement under section 3516; 
(2) not operated or maintained in accordance 
with an operating agreement under this subtitle; or 
(3) more than—
(A) 25 years of age, except as provided in 
subparagraph (B) or (C); 
(B) 20 years of age, in the case of a tank 
vessel; or
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(C) 30 years of age, in the case of a LASH 
vessel. 
(d) REDUCTIONS IN PAYMENTS.—With respect to 
payments under this subtitle for a vessel covered by an 
operating agreement, the Secretary—
(1) except as provided in paragraph (2), shall 
not reduce any payment for the operation of the ves-
sel to carry military or other preference cargoes 
under section 2631 of title 10, United States Code, 
the Act of March 26, 1934 (46 App. U.S.C. 1241–
1), section 901(a), 901(b), or 901b of the Merchant 
Marine Act, 1936 (46 App. U.S.C. 1241(a), 
1241(b), or 1241f), or any other cargo preference 
law of the United States; 
(2) shall not make any payment for any day 
that the vessel is engaged in transporting more than 
7,500 tons of civilian bulk preference cargoes pursu-
ant to section 901(a), 901(b), or 901b of the Mer-
chant Marine Act, 1936 (46 App. U.S.C. 1241(a), 
1241(b), or 1241f), that is cargo; and 
(3) shall make a pro rata reduction in payment 
for each day less than 320 in a fiscal year that the 
vessel is not operated in accordance with section 
3514(a)(1), with days during which the vessel is 
drydocked or undergoing survey, inspection, or re-
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pair considered to be days on which the vessel is op-
erated. 
SEC. 3516. NATIONAL SECURITY REQUIREMENTS. 
(a) EMERGENCY PREPAREDNESS AGREEMENT RE-
QUIRED.—The Secretary shall establish an Emergency 
Preparedness Program under this section that is approved 
by the Secretary of Defense. Under the program, the Sec-
retary shall include in each operating agreement under 
this subtitle a requirement that the contractor enter into 
an Emergency Preparedness Agreement under this section 
with the Secretary. The Secretary shall negotiate and 
enter into an Emergency Preparedness Agreement with 
each contractor as promptly as practicable after the con-
tractor has entered into an operating agreement under 
this subtitle. 
(b) TERMS OF AGREEMENT.—
(1) IN GENERAL.—An Emergency Preparedness 
Agreement under this section shall require that upon 
a request by the Secretary of Defense during time 
of war or national emergency, or whenever deter-
mined by the Secretary of Defense to be necessary 
for national security or contingency operation (as 
that term is defined in section 101 of title 10, 
United States Code), a contractor for a vessel cov-
ered by an operating agreement under this subtitle
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shall make available commercial transportation re-
sources (including services). 
(2) BASIC TERMS.—(A) The basic terms of the 
Emergency Preparedness Agreement shall be estab-
lished (subject to subparagraph (B)) pursuant to 
consultations among the Secretary and the Secretary 
of Defense. 
(B) In any Emergency Preparedness Agree-
ment, the Secretary and a contractor may agree to 
additional or modifying terms appropriate to the 
contractor’s circumstances if those terms have been 
approved by the Secretary of Defense.
(c) PARTICIPATION AFTER EXPIRATION OF OPER-
ATING
AGREEMENT.—Except as provided by section 
3514(c), the Secretary may not require, through an Emer-
gency Preparedness Agreement or operating agreement, 
that a contractor continue to participate in an Emergency 
Preparedness Agreement after the operating agreement 
with the contractor has expired according to its terms or 
is otherwise no longer in effect. After expiration of an 
Emergency Preparedness Agreement, a contractor may 
volunteer to continue to participate in such an agreement. 
(d) RESOURCES MADE AVAILABLE.—The commercial 
transportation resources to be made available under an 
Emergency Preparedness Agreement shall include vessels
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or capacity in vessels, intermodal systems and equipment, 
terminal facilities, intermodal and management services, 
and other related services, or any agreed portion of such 
nonvessel resources for activation as the Secretary of De-
fense may determine to be necessary, seeking to minimize 
disruption of the contractor’s service to commercial ship-
pers. 
(e) COMPENSATION.—
(1) IN GENERAL.—The Secretary shall include 
in each Emergency Preparedness Agreement provi-
sions approved by the Secretary of Defense under 
which the Secretary of Defense shall pay fair and 
reasonable compensation for all commercial trans-
portation resources provided pursuant to this sec-
tion. 
(2) SPECIFIC
REQUIREMENTS.—Compensation 
under this subsection—
(A) shall not be less than the contractor’s 
commercial market charges for like transpor-
tation resources; 
(B) shall be fair and reasonable consid-
ering all circumstances; 
(C) shall be provided from the time that a 
vessel or resource is required by the Secretary 
of Defense until the time that it is redelivered
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to the contractor and is available to reenter 
commercial service; and 
(D) shall be in addition to and shall not in 
any way reflect amounts payable under section 
3515. 
(f) TEMPORARY REPLACEMENT VESSELS.—Notwith-
standing section 2631 of title 10, United States Code, the 
Act of March 26, 1934 (46 App. U.S.C. 1241–1), section 
901(a), 901(b), or 901b of the Merchant Marine Act, 
1936 (46 App. U.S.C. 1241(a), 1241(b), or 1241f), or any 
other cargo preference law of the United States—
(1) a contractor may operate or employ in for-
eign commerce a foreign-flag vessel or foreign-flag 
vessel capacity as a temporary replacement for a 
United States-documented vessel or United States-
documented vessel capacity that is activated by the 
Secretary of Defense under an Emergency Prepared-
ness Agreement or under a primary Department of 
Defense-approved sealift readiness program; and 
(2) such replacement vessel or vessel capacity 
shall be eligible during the replacement period to 
transport preference cargoes subject to section 2631 
of title 10, United States Code, the Act of March 
26, 1934 (46 App. U.S.C. 1241–1), and sections 
901(a), 901(b), and 901b of the Merchant Marine