401
Subtitle B—Department of Energy
National 
Security 
Authoriza-
tions General Provisions
SEC. 3120. SHORT TITLE; DEFINITIONS.
(a) SHORT TITLE.—This subtitle may be cited as the
‘‘Department of Energy National Security Authorizations
General Provisions Act’’.
(b) DEFINITIONS.—In this subtitle:
(1) The term ‘‘DOE national security author-
ization’’ means an authorization of appropriations
for activities of the Department of Energy in car-
rying out programs necessary for national security.
(2) The term ‘‘congressional defense commit-
tees’’ means—
(A) the Committee on Armed Services and
the Committee on Appropriations of the Senate;
and
(B) the Committee on Armed Services and
the Committee on Appropriations of the House
of Representatives.
(3) The term ‘‘minor construction threshold’’
means $5,000,000.
SEC. 3121. REPROGRAMMING.
(a) IN GENERAL.—Except as provided in sections
3129 and 3130, the Secretary of Energy may not use
402
amounts appropriated pursuant to a DOE national secu-
rity authorization for a program—
(1) in amounts that exceed, in a fiscal year, the
amount authorized for that program by that author-
ization for that fiscal year; or
(2) which has not been presented to, or re-
quested of, Congress,
until the Secretary submits to the congressional defense
committees a report referred to in subsection (b) with re-
spect to that program and a period of 30 days has elapsed
after the date on which such committees receive the re-
port.
(b) REPORT.—The report referred to in subsection
(a) is a report containing a full and complete statement
of the action proposed to be taken and the facts and cir-
cumstances relied upon in support of the proposed action.
(c) COMPUTATION OF DAYS.—In the computation of
the 30-day period under subsection (a), there shall be ex-
cluded any day on which either House of Congress is not
in session because of an adjournment of more than three
days to a day certain.
(d) LIMITATIONS.—
(1) TOTAL AMOUNT OBLIGATED.—In no event
may the total amount of funds obligated pursuant to
a DOE national security authorization for a fiscal
403
year exceed the total amount authorized to be appro-
priated by that authorization for that fiscal year.
(2) PROHIBITED ITEMS.—Funds appropriated
pursuant to a DOE national security authorization
may not be used for an item for which Congress has
specifically denied funds.
SEC. 3122. MINOR CONSTRUCTION PROJECTS.
(a) AUTHORITY.—Using operation and maintenance
funds or facilities and infrastructure funds authorized by
a DOE national security authorization, the Secretary of
Energy may carry out minor construction projects.
(b) ANNUAL REPORT.—The Secretary shall submit
to the congressional defense committees on an annual
basis a report on each exercise of the authority in sub-
section (a) during the preceding fiscal year. Each report
shall provide a brief description of each minor construction
project covered by the report.
(c) COST VARIATION REPORTS TO CONGRESSIONAL
COMMITTEES.—If, at any time during the construction of
any minor construction project authorized by a DOE na-
tional security authorization, the estimated cost of the
project is revised and the revised cost of the project ex-
ceeds the minor construction threshold, the Secretary shall
immediately submit to the congressional defense commit-
tees a report explaining the reasons for the cost variation.
404
(d) MINOR CONSTRUCTION PROJECT DEFINED.—In
this section, the term ‘‘minor construction project’’ means
any plant project not specifically authorized by law for
which the approved total estimated cost does not exceed
the minor construction threshold.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) IN GENERAL.—
(1) CONSTRUCTION COST CEILING.—Except as
provided in paragraph (2), construction on a con-
struction project which is in support of national se-
curity programs of the Department of Energy and
was authorized by a DOE national security author-
ization may not be started, and additional obliga-
tions in connection with the project above the total
estimated cost may not be incurred, whenever the
current estimated cost of the construction project ex-
ceeds by more than 25 percent the higher of—
(A) the amount authorized for the project;
or
(B) the amount of the total estimated cost
for the project as shown in the most recent
budget justification data submitted to Congress.
(2) 
EXCEPTION
WHERE
NOTICE-AND-WAIT
GIVEN.—An action described in paragraph (1) may
be taken if—
405
(A) the Secretary of Energy has submitted
to the congressional defense committees a re-
port on the actions and the circumstances mak-
ing such action necessary; and
(B) a period of 30 days has elapsed after
the date on which the report is received by the
committees.
(3) COMPUTATION OF DAYS.—In the computa-
tion of the 30-day period under paragraph (2), there
shall be excluded any day on which either House of
Congress is not in session because of an adjourn-
ment of more than three days to a day certain.
(b) EXCEPTION FOR MINOR PROJECTS.—Subsection
(a) does not apply to a construction project with a current
estimated cost of less than the minor construction thresh-
old.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) TRANSFER TO OTHER FEDERAL AGENCIES.—
The Secretary of Energy may transfer funds authorized
to be appropriated to the Department of Energy pursuant
to a DOE national security authorization to other Federal
agencies for the performance of work for which the funds
were authorized. Funds so transferred may be merged
with and be available for the same purposes and for the
406
same time period as the authorizations of the Federal
agency to which the amounts are transferred.
(b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—
(1) TRANSFERS PERMITTED.—Subject to para-
graph (2), the Secretary of Energy may transfer
funds authorized to be appropriated to the Depart-
ment of Energy pursuant to a DOE national secu-
rity authorization between any such authorizations.
Amounts of authorizations so transferred may be
merged with and be available for the same purposes
and for the same period as the authorization to
which the amounts are transferred.
(2) MAXIMUM
AMOUNTS.—Not more than 5
percent of any such authorization may be trans-
ferred between authorizations under paragraph (1).
No such authorization may be increased or de-
creased by more than 5 percent by a transfer under
such paragraph.
(c) LIMITATIONS.—The authority provided by this
subsection to transfer authorizations—
(1) may be used only to provide funds for items
relating to activities necessary for national security
programs that have a higher priority than the items
from which the funds are transferred; and
407
(2) may not be used to provide funds for an
item for which Congress has specifically denied
funds.
(d) NOTICE TO CONGRESS.—The Secretary of En-
ergy shall promptly notify the Committee on Armed Serv-
ices of the Senate and the Committee on Armed Services
of the House of Representatives of any transfer of funds
to or from any DOE national security authorization.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC-
TION DESIGN.
(a) REQUIREMENT OF CONCEPTUAL DESIGN.—
(1) IN
GENERAL.—Subject to paragraph (2)
and except as provided in paragraph (3), before sub-
mitting to Congress a request for funds for a con-
struction project that is in support of a national se-
curity program of the Department of Energy, the
Secretary of Energy shall complete a conceptual de-
sign for that project.
(2) REQUESTS
FOR
CONCEPTUAL
DESIGN
FUNDS.—If the estimated cost of completing a con-
ceptual design for a construction project exceeds
$3,000,000, the Secretary shall submit to Congress
a request for funds for the conceptual design before
submitting a request for funds for the construction
project.
408
(3) EXCEPTIONS.—The requirement in para-
graph (1) does not apply to a request for funds—
(A) for a construction project the total es-
timated cost of which is less than the minor
construction threshold; or
(B) for emergency planning, design, and
construction activities under section 3126.
(b) AUTHORITY FOR CONSTRUCTION DESIGN.—
(1) IN GENERAL.—Within the amounts author-
ized by a DOE national security authorization, the
Secretary of Energy may carry out construction de-
sign (including architectural and engineering serv-
ices) in connection with any proposed construction
project if the total estimated cost for such design
does not exceed $600,000.
(2) SPECIFIC
AUTHORITY
REQUIRED.—If the
total estimated cost for construction design in con-
nection with any construction project exceeds
$600,000, funds for that design must be specifically
authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE-
SIGN, AND CONSTRUCTION ACTIVITIES.
(a) AUTHORITY.—The Secretary of Energy may use
any funds available to the Department of Energy pursuant
to a DOE national security authorization, including funds
409
authorized to be appropriated for advance planning, engi-
neering, and construction design, and for plant projects,
to perform planning, design, and construction activities
for any Department of Energy national security program
construction project that, as determined by the Secretary,
must proceed expeditiously in order to protect public
health and safety, to meet the needs of national defense,
or to protect property.
(b) LIMITATION.—The Secretary may not exercise
the authority under subsection (a) in the case of a con-
struction project until the Secretary has submitted to the
congressional defense committees a report on the activities
that the Secretary intends to carry out under this section
and the circumstances making those activities necessary.
(c) SPECIFIC AUTHORITY.—The requirement of sec-
tion 3125(b)(2) does not apply to emergency planning, de-
sign, and construction activities conducted under this sec-
tion.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU-
RITY PROGRAMS OF THE DEPARTMENT OF
ENERGY.
Subject to the provisions of appropriation Acts and
section 3121, amounts appropriated pursuant to a DOE
national security authorization for management and sup-
port activities and for general plant projects are available
410
for use, when necessary, in connection with all national
security programs of the Department of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
(a) IN GENERAL.—Except as provided in subsection
(b), amounts appropriated for operation and maintenance
or for plant projects may, when so specified in an appro-
priations Act, remain available until expended.
(b) EXCEPTION FOR NNSA FUNDS.—Amounts ap-
propriated for the National Nuclear Security Administra-
tion pursuant to a DOE national security authorization
for a fiscal year shall remain available to be expended—
(1) only until the end of that fiscal year, in the
case of amounts appropriated for the Office of the
Administrator for Nuclear Security; and
(2) only in that fiscal year and the two suc-
ceeding fiscal years, in all other cases.
SEC. 3129. TRANSFER OF DEFENSE ENVIRONMENTAL MAN-
AGEMENT FUNDS.
(a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON-
MENTAL MANAGEMENT FUNDS.—The Secretary of En-
ergy shall provide the manager of each field office of the
Department of Energy with the authority to transfer de-
fense environmental management funds from a program
or project under the jurisdiction of that office to another
such program or project.
411
(b) LIMITATIONS.—
(1) NUMBER OF TRANSFERS.—Not more than
one transfer may be made to or from any program
or project under subsection (a) in a fiscal year.
(2) AMOUNTS
TRANSFERRED.—The amount
transferred to or from a program or project in any
one transfer under subsection (a) may not exceed
$5,000,000.
(3) DETERMINATION
REQUIRED.—A transfer
may not be carried out by a manager of a field office
under subsection (a) unless the manager determines
that the transfer is necessary—
(A) to address a risk to health, safety, or
the environment; or
(B) to assure the most efficient use of de-
fense environmental management funds at the
field office.
(4) IMPERMISSIBLE USES.—Funds transferred
pursuant to subsection (a) may not be used for an
item for which Congress has specifically denied
funds or for a new program or project that has not
been authorized by Congress.
(c) EXEMPTION FROM REPROGRAMMING REQUIRE-
MENTS.—The requirements of section 3121 shall not
apply to transfers of funds pursuant to subsection (a).
413
from a program or project under the jurisdiction of that
office to another such program or project.
(b) LIMITATIONS.—
(1) NUMBER OF TRANSFERS.—Not more than
one transfer may be made to or from any program
or project under subsection (a) in a fiscal year.
(2) AMOUNTS
TRANSFERRED.—The amount
transferred to or from a program or project in any
one transfer under subsection (a) may not exceed
$5,000,000.
(3) DETERMINATION
REQUIRED.—A transfer
may not be carried out by a manager of a field office
under subsection (a) unless the manager determines
that the transfer—
(A) is necessary to address a risk to
health, safety, or the environment; or
(B) will result in cost savings and effi-
ciencies.
(4) LIMITATION.—A transfer may not be car-
ried out by a manager of a field office under sub-
section (a) to cover a cost overrun or scheduling
delay for any program or project.
(5) IMPERMISSIBLE USES.—Funds transferred
pursuant to subsection (a) may not be used for an
item for which Congress has specifically denied
414
funds or for a new program or project that has not
been authorized by Congress.
(c) EXEMPTION FROM REPROGRAMMING REQUIRE-
MENTS.—The requirements of section 3121 shall not
apply to transfers of funds pursuant to subsection (a).
(d) NOTIFICATION.—The Secretary, acting through
the Administrator for Nuclear Security, shall notify Con-
gress of any transfer of funds pursuant to subsection (a)
not later than 30 days after such transfer occurs.
(e) DEFINITIONS.—In this section—
(1) the term ‘‘program or project’’ means, with
respect to a field office of the Department of En-
ergy, a program or project that is for weapons ac-
tivities necessary for national security programs of
the Department, that is being carried out by that of-
fice, and for which weapons activities funds have
been authorized and appropriated; and
(2) the term ‘‘weapons activities funds’’ means
funds appropriated to the Department of Energy
pursuant to an authorization for carrying out weap-
ons activities necessary for national security pro-
grams.
415
SEC. 3131. SCOPE OF AUTHORITY TO CARRY OUT PLANT
PROJECTS.
In carrying out programs necessary for national secu-
rity, the authority of the Secretary of Energy to carry out
plant projects includes authority for maintenance, restora-
tion, planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto.
Subtitle 
C—Program 
Authoriza-
tions, Restrictions, and Limita-
tions
SEC. 3141. ONE-YEAR EXTENSION OF PANEL TO ASSESS THE
RELIABILITY, SAFETY, AND SECURITY OF THE
UNITED STATES NUCLEAR STOCKPILE.
Section 3159 of the Strom Thurmond National De-
fense Authorization Act for Fiscal Year 1999 (42 U.S.C.
2121 note) is amended—
(1) in subsection (d), by striking ‘‘February 1,
2002,’’ and inserting ‘‘February 1 of 2002 and
2003,’’; and
(2) in subsection (g), by striking ‘‘three years’’
and all that follows through the period at the end
and inserting ‘‘April 1, 2003.’’.
416
SEC. 3142. TRANSFER TO NATIONAL NUCLEAR SECURITY
ADMINISTRATION OF DEPARTMENT OF DE-
FENSE’S COOPERATIVE THREAT REDUCTION
PROGRAM RELATING TO ELIMINATION OF
WEAPONS GRADE PLUTONIUM IN RUSSIA.
(a) TRANSFER
OF PROGRAM.—There are hereby
transferred to the Administrator for Nuclear Security the
following:
(1) The program, within the Cooperative
Threat Reduction program of the Department of
Defense, relating to the elimination of weapons
grade plutonium in Russia.
(2) All functions, powers, duties, and activities
of that program performed before the date of the en-
actment of this Act by the Department of Defense.
(b) TRANSFER OF ASSETS.—(1) So much of the
property, records, and unexpended balances of appropria-
tions, allocations, and other funds employed, used, held,
available, or to be made available in connection with the
program transferred by subsection (a) are transferred to
the Administrator for use in connection with the program
transferred.
(2) Funds so transferred—
(A) shall be credited to the appropriation ac-
count of the Department of Energy for the activities
of the National Nuclear Security Administration in
417
carrying out defense nuclear nonproliferation activi-
ties; and
(B) remain subject to such limitations as ap-
plied to such funds before such transfer.
(c) REFERENCES.—Any reference in any other Fed-
eral law to the Secretary of Defense (or an officer of the
Department of Defense) or the Department of Defense
shall, to the extent such reference pertains to a function
transferred by this section, be deemed to refer to the Ad-
ministrator for Nuclear Security or the National Nuclear
Security Administration, as applicable.
SEC. 3143. REPEAL OF REQUIREMENT FOR REPORTS ON
OBLIGATION OF FUNDS FOR PROGRAMS ON
FISSILE MATERIALS IN RUSSIA.
Section 3131 of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat.
617; 22 U.S.C. 5952 note) is amended—
(1) in subsection (a), by striking ‘‘(a) AUTHOR-
ITY.—’’; and
(2) by striking subsection (b).
418
SEC. 3144. ANNUAL CERTIFICATION TO THE PRESIDENT
AND CONGRESS ON THE CONDITION OF THE
UNITED STATES NUCLEAR WEAPONS STOCK-
PILE.
(a) CERTIFICATION REQUIRED.—(1) Not later than
January 15 of each year, each official specified in sub-
section (b)(1) shall submit to the Secretary concerned a
certification regarding the safety, reliability, and perform-
ance of each nuclear weapon type in the active stockpile
of the United States for which such official is responsible.
(2) Not later than February 1 of each year, the Sec-
retary of Defense and the Secretary of Energy shall each
submit to the President and the Congress—
(A) each certification, without change, sub-
mitted under paragraph (1) to that Secretary;
(B) each report, without change, submitted
under subsection (d) to that Secretary;
(C) the comments of that Secretary with re-
spect to each such certification and each such re-
port; and
(D) any other information that the Secretary
considers appropriate.
(b) COVERED OFFICIALS
AND SECRETARIES.—(1)
The officials referred to in subsection (a) are the following:
420
(d) REPORT ACCOMPANYING CERTIFICATION.—Each
official specified in subsection (b)(1) shall submit with
each such certification a report on the stockpile steward-
ship and management program of the Department of En-
ergy. The report shall include the following:
(1) An assessment of the adequacy of the
science-based tools and methods being used to deter-
mine the matters covered by the certification.
(2) An assessment of the capability of the man-
ufacturing infrastructure required by section 3137
of the National Defense Authorization Act for Fiscal
Year 1996 (42 U.S.C. 2121 note) to identify and fix
any inadequacy with respect to the matters covered
by the certification.
(3) An assessment of the need of the United
States to resume testing of nuclear weapons and the
readiness of the United States to resume such test-
ing, together with an identification of the specific
tests the conduct of which might have value and the
anticipated value of conducting such tests.
(4) An identification and discussion of any
other matter that adversely affects the ability to ac-
curately determine the matters covered by the cer-
tification.
421
(5) In the case of a report submitted by the
head of a national security laboratory, the findings
and recommendations submitted by the ‘‘red teams’’
under subsection (c) that relate to such certification,
and a discussion of those findings and recommenda-
tions.
(6) In the case of a report submitted by the
head of a national security laboratory, a discussion
of the relative merits of other weapon types that
could accomplish the mission of the weapon type
covered by such certification.
(e) CLASSIFIED FORM.—Each submission required
by this section shall be made only in classified form.
SEC. 3145. PLAN FOR ACHIEVING ONE-YEAR READINESS
POSTURE FOR RESUMPTION BY THE UNITED
STATES OF UNDERGROUND NUCLEAR WEAP-
ONS TESTS.
(a) PLAN REQUIRED.—The Secretary of Energy, in
consultation with the Administrator for Nuclear Security,
shall prepare a plan for achieving, not later than one year
after the date on which the plan is submitted under sub-
section (c), a one-year readiness posture for resumption
by the United States of underground nuclear weapons
tests.
422
(b) DEFINITION.—For purposes of this section, a
one-year readiness posture for resumption by the United
States of underground nuclear weapons tests is achieved
when the Department of Energy has the capability to re-
sume such tests, if directed by the President to resume
such tests, not later than one year after the date on which
the President so directs.
(c) REPORT.—The Secretary shall include with the
budget justification materials submitted to Congress in
support of the Department of Energy budget for fiscal
year 2004 (as submitted with the budget of the President
under section 1105(a) of title 31, United States Code) a
report on the plan required by subsection (a). The report
shall include the plan and a budget for implementing the
plan.
SEC. 3146. PROHIBITION ON DEVELOPMENT OF LOW-YIELD
NUCLEAR WEAPONS.
(a) UNITED STATES POLICY.—It shall be the policy
of the United States not to conduct development which
could lead to the production by the United States of a
new low-yield nuclear weapon, including a precision low-
yield warhead.
(b) LIMITATION.—The Secretary of Energy may not
conduct, or provide for the conduct of, development which
could lead to the production by the United States of a
423
low-yield nuclear weapon which, as of the date of the en-
actment of this Act, has not entered production.
(c) EFFECT ON OTHER DEVELOPMENT.—Nothing in
this section shall prohibit the Secretary of Energy from
conducting, or providing for the conduct of, development
necessary—
(1) to design a testing device that has a yield
of less than five kilotons;
(2) to modify an existing weapon for the pur-
pose of addressing safety and reliability concerns; or
(3) to address proliferation concerns.
(d) DEFINITION.—In this section—
(1) the term ‘‘low-yield nuclear weapon’’ means
a nuclear weapon that has a yield of less than five
kilotons; and
(2) the term ‘‘development’’ does not include
concept definition studies, feasibility studies, or de-
tailed engineering design work.
(e) CONFORMING REPEAL.—Section 3136 of the Na-
tional Defense Authorization Act for Fiscal Year 1994 (42
U.S.C. 2121 note) is repealed.
424
Subtitle D—Matters Relating to De-
fense Environmental Manage-
ment
SEC. 
3151. 
DEFENSE 
ENVIRONMENTAL 
MANAGEMENT
CLEANUP REFORM PROGRAM.
(a) PROGRAM REQUIRED.—From funds made avail-
able pursuant to section 3102(a)(2) for defense environ-
mental management cleanup reform, the Secretary of En-
ergy shall carry out a program to reform DOE environ-
mental management activities. In carrying out the pro-
gram, the Secretary shall allocate, to each site for which
the Secretary has submitted to the congressional defense
committees a site performance management plan, the
amount of those funds that such plan requires.
(b) TRANSFER AND MERGER OF FUNDS.—Funds so
allocated shall, notwithstanding section 3124, be trans-
ferred to the account for DOE environmental management
activities and, subject to subsection (c), shall be merged
with and be available for the same purposes and for the
same period as the funds available in such account. The
authority provided by section 3129 shall apply to funds
so transferred.
(c) LIMITATION ON USE OF ALL MERGED FUNDS.—
Upon a transfer and merger of funds under subsection (b),
all funds in the merged account that are available with
425
respect to the site may be used only to carry out the site
performance management plan for such site.
(d) SITE PERFORMANCE MANAGEMENT PLAN DE-
FINED.—For purposes of this section, a site performance
management plan for a site is a plan, agreed to by the
applicable Federal and State agencies with regulatory ju-
risdiction with respect to the site, for the performance of
activities to accelerate the reduction of environmental risk
in connection with, and to accelerate the environmental
cleanup of, the site.
(e) DOE ENVIRONMENTAL MANAGEMENT ACTIVI-
TIES DEFINED.—For purposes of this section, the term
‘‘DOE environmental management activities’’ means envi-
ronmental restoration and waste management activities of
the Department of Energy in carrying out programs nec-
essary for national security.
SEC. 3152. REPORT ON STATUS OF ENVIRONMENTAL MAN-
AGEMENT INITIATIVES TO ACCELERATE THE
REDUCTION OF ENVIRONMENTAL RISKS AND
CHALLENGES POSED BY THE LEGACY OF THE
COLD WAR.
(a) REPORT REQUIRED.—The Secretary of Energy
shall prepare a report on the status of those environmental
management initiatives specified in subsection (b) that are
being undertaken to accelerate the reduction of the envi-
426
ronmental risks and challenges that, as a result of the leg-
acy of the Cold War, are faced by the Department of En-
ergy, contractors of the Department, and applicable Fed-
eral and State agencies with regulatory jurisdiction.
(b) CONTENTS.—The report shall include the fol-
lowing matters:
(1) A discussion of the progress made in reduc-
ing such risks and challenges in each of the fol-
lowing areas:
(A) Acquisition strategy and contract man-
agement.
(B) Regulatory agreements.
(C) Interim storage and final disposal of
high-level waste, spent nuclear fuel, transuranic
waste, and low-level waste.
(D) Closure and transfer of environmental
remediation sites.
(E) Achievements in innovation by contrac-
tors of the Department with respect to acceler-
ated risk reduction and cleanup.
(F) Consolidation of special nuclear mate-
rials and improvements in safeguards and secu-
rity.
427
(2) An assessment of the progress made in
streamlining risk reduction processes of the environ-
mental management program of the Department.
(3) An assessment of the progress made in im-
proving the responsiveness and effectiveness of the
environmental management program of the Depart-
ment.
(4) Any proposals for legislation that the Sec-
retary considers necessary to carry out such initia-
tives, including the justification for each such pro-
posal.
(c) INITIATIVES COVERED.—The environmental man-
agement initiatives referred to in subsection (a) are the
initiatives arising out of the report titled ‘‘Top-to-Bottom
Review of the Environmental Management Program’’ and
dated February 4, 2002, with respect to the environmental
restoration and waste management activities of the De-
partment of Energy in carrying out programs necessary
for national security.
(d) SUBMISSION OF REPORT.—On the date on which
the budget justification materials in support of the De-
partment of Energy budget for fiscal year 2004 (as sub-
mitted with the budget of the President under section
1105(a) of title 31, United States Code) are submitted
to Congress, the Secretary shall submit to the congres-
428
sional defense committees the report required by sub-
section (a).
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY
BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal
year 2003, $19,000,000 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 2003, the National Defense Stockpile Manager
may obligate up to $76,400,000 of the funds in the Na-
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
429
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.
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 $21,069,000 for fis-
cal year 2003 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.
430
TITLE XXXV—MARITIME
ADMINISTRATION
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FIS-
CAL YEAR 2003.
Funds are hereby authorized to be appropriated for
fiscal year 2003, to be available without fiscal year limita-
tion if so provided in appropriations Acts, for the use of
the Department of Transportation for the Maritime Ad-
ministration as follows:
(1) For expenses necessary for operations and
training activities, $93,132,000.
(2) For expenses under the loan guarantee pro-
gram authorized by title XI of the Merchant Marine
Act, 1936 (46 App. U.S.C. 1271 et seq.),
$54,126,000, of which—
(A) $50,000,000 is for the cost (as defined
in section 502(5) of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661a(5))) of loan guar-
antees under the program; and
(B) $4,126,000 is for administrative ex-
penses related to loan guarantee commitments
under the program.
(3) For expenses to dispose of obsolete vessels
in the National Defense Reserve Fleet, including
provision of assistance under section 7 of Public
431
Law 
92–402 
(as 
amended 
by 
this 
title),
$20,000,000.
SEC. 3502. AUTHORITY TO CONVEY VESSEL USS SPHINX
(ARL–24).
(a) IN GENERAL.—Notwithstanding any other law,
the Secretary of Transportation may convey the right,
title, and interest of the United States Government in and
to the vessel USS SPHINX (ARL–24), to the Dunkirk
Historical Lighthouse and Veterans Park Museum (a not-
for-profit corporation, in this section referred to as the
‘‘recipient’’) for use as a military museum, if—
(1) the recipient agrees to use the vessel as a
nonprofit military museum;
(2) the vessel is not used for commercial trans-
portation purposes;
(3) the recipient agrees to make the vessel
available to the Government when the Secretary re-
quires use of the vessel by the Government;
(4) the recipient agrees that when the recipient
no longer requires the vessel for use as a military
museum—
(A) the recipient will, at the discretion of
the Secretary, reconvey the vessel to the Gov-
ernment in good condition except for ordinary
wear and tear; or
432
(B) if the Board of Trustees of the recipi-
ent has decided to dissolve the recipient accord-
ing to the laws of the State of New York,
then—
(i) the recipient shall distribute the
vessel, as an asset of the recipient, to a
person that has been determined exempt
from taxation under the provisions of sec-
tion 501(c)(3) of the Internal Revenue
Code, or to the Federal Government or a
State or local government for a public pur-
pose; and
(ii) the vessel shall be disposed of by
a court of competent jurisdiction of the
county in which the principal office of the
recipient is located, for such purposes as
the court shall determine, or to such orga-
nizations as the court shall determine are
organized exclusively for public purposes;
(5) the recipient agrees to hold the Government
harmless for any claims arising from exposure to as-
bestos after conveyance of the vessel, except for
claims arising from use by the Government under
paragraph (3) or (4); and
433
(6) the recipient has available, for use to re-
store the vessel, in the form of cash, liquid assets,
or a written loan commitment, financial resources of
at least $100,000.
(b) DELIVERY OF VESSEL.—If a conveyance is made
under this Act, the Secretary shall deliver the vessel at
the place where the vessel is located on the date of enact-
ment of this Act, in its present condition, without cost to
the Government.
(c) OTHER UNNEEDED EQUIPMENT.—The Secretary
may also convey any unneeded equipment from other ves-
sels in the National Defense Reserve Fleet in order to re-
store the USS SPHINX (ARL–24) to museum quality.
(d) RETENTION OF VESSEL IN NDRF.—The Sec-
retary shall retain in the National Defense Reserve Fleet
the vessel authorized to be conveyed under subsection (a),
until the earlier of—
(1) 2 years after the date of the enactment of
this Act; or
(2) the date of conveyance of the vessel under
subsection (a).
434
SEC. 3503. FINANCIAL ASSISTANCE TO STATES FOR PREPA-
RATION OF TRANSFERRED OBSOLETE SHIPS
FOR USE AS ARTIFICIAL REEFS.
(a) IN GENERAL.—Public Law 92–402 (16 U.S.C.
1220 et seq.) is amended by redesignating section 7 as
section 8, and by inserting after section 6 the following:
‘‘SEC. 7. FINANCIAL ASSISTANCE TO STATE TO PREPARE
TRANSFERRED SHIP.
‘‘(a) ASSISTANCE
AUTHORIZED.—The Secretary,
subject to the availability of appropriations, may provide,
to any State to which an obsolete ship is transferred under
this Act, financial assistance to prepare the ship for use
as an artificial reef, including for—
‘‘(1) environmental remediation;
‘‘(2) towing; and
‘‘(3) sinking.
‘‘(b) AMOUNT OF ASSISTANCE.—The Secretary shall
determine the amount of assistance under this section with
respect to an obsolete ship based on—
‘‘(1) the total amount available for providing
assistance under this section;
‘‘(2) the benefit achieved by providing assist-
ance for that ship; and
‘‘(3) the cost effectiveness of disposing of the
ship by transfer under this Act and provision of as-
435
sistance under this section, compared to other dis-
posal options for the vessel.
‘‘(c) TERMS AND CONDITIONS.—The Secretary—
‘‘(1) shall require a State seeking assistance
under this section to provide cost data and other in-
formation determined by the Secretary to be nec-
essary to justify and document the assistance; and
‘‘(2) may require a State receiving such assist-
ance to comply with terms and conditions necessary
to protect the environment and the interests of the
United States.’’.
(b) CONFORMING AMENDMENT.—Section 4(4) of
such Act (16 U.S.C. 1220a(4)) is amended by inserting
‘‘(except for any financial assistance provided under sec-
tion 7)’’ after ‘‘at no cost to the Government’’.
SEC. 3504. INDEPENDENT ANALYSIS OF TITLE XI INSUR-
ANCE GUARANTEE APPLICATIONS.
Section 1104A of the Merchant Marine Act, 1936 (46
App. U.S.C. 1274) is amended—
(1) by adding at the end of subsection (d) the
following:
‘‘(4) The Secretary may obtain independent analysis
of an application for a guarantee or commitment to guar-
antee under this title.’’; and
436
(2) in subsection (f) by inserting ‘‘(including for
obtaining independent analysis under subsection
(d)(4))’’ after ‘‘applications for a guarantee’’.
Passed the House of Representatives May 10 (legis-
lative day, May 9), 2002.
Attest:
Clerk.