H. R. 4546—272
Sec. 3157. Accelerated disposition of highly enriched uranium.
Sec. 3158. Strengthened international security for nuclear materials and security of
nuclear operations.
Sec. 3159. Export control programs.
Sec. 3160. Plan for accelerated return of weapons-usable nuclear materials.
Sec. 3161. Sense of Congress on amendment of Convention on Physical Protection
of Nuclear Materials.
Sec. 3162. Sense of Congress on program to secure stockpiles of highly enriched
uranium and plutonium.
Subtitle D—Other Matters
Sec. 3171. Indemnification of Department of Energy contractors.
Sec. 3172. Support for public education in the vicinity of Los Alamos National Lab-
oratory, New Mexico.
Sec. 3173. Worker health and safety rules for Department of Energy nuclear facili-
ties.
Sec. 3174. Extension of authority to appoint certain scientific, engineering, and
technical personnel.
Sec. 3175. One-year extension of panel to assess the reliability, safety, and security
of the United States nuclear stockpile.
Sec. 3176. Report on status of environmental management initiatives to accelerate
the reduction of environmental risks and challenges posed by the legacy
of the Cold War.
Subtitle E—Disposition of Weapons-Usable Plutonium at Savannah River,
South Carolina
Sec. 3181. Findings.
Sec. 3182. Disposition of weapons-usable plutonium at Savannah River Site.
Sec. 3183. Study of facilities for storage of plutonium and plutonium materials at
Savannah River Site.
Subtitle A—National Security Programs
Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2003 for the activities of the National Nuclear Security
Administration in carrying out programs necessary for national
security in the amount of $8,038,490,000, to be allocated as follows:
(1) For weapons activities, $5,901,641,000.
(2) 
For 
defense 
nuclear 
nonproliferation 
activities,
$1,104,130,000.
(3) For naval reactors, $706,790,000.
(4) For the Office of the Administrator for Nuclear Security,
$325,929,000.
(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 new plant
projects as follows:
(1) For weapons activities, the following new plant projects:
Project 03–D–101, Sandia underground reactor facility
(SURF), Sandia National Laboratories, Albuquerque, New
Mexico, $2,000,000.
Project 03–D–103, project engineering and design, var-
ious locations, $17,039,000.
Project 03–D–121, gas transfer capacity expansion,
Kansas City Plant, Kansas City, Missouri, $4,000,000.
Project 03–D–122, prototype purification facility, Y–
12 plant, Oak Ridge, Tennessee, $20,800,000.
Project 03–D–123, special nuclear materials requali-
fication, Pantex plant, Amarillo, Texas, $3,000,000.
H. R. 4546—273
(2) For naval reactors, the following new plant project:
Project 03–D–201, cleanroom technology facility, Bettis
Atomic Power Laboratory, West Mifflin, Pennsylvania,
$7,200,000.
SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2003 for environmental management activities in car-
rying out programs necessary for national security in the amount
of $6,759,846,000, to be allocated as follows:
(1) For defense environmental restoration and waste
management, $4,510,133,000.
(2) For defense environmental management cleanup reform
in carrying out environmental restoration and waste manage-
ment activities necessary for national security programs,
$982,000,000.
(3) For defense facilities closure projects, $1,109,314,000.
(4) For defense environmental management privatization,
$158,399,000.
(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 new plant
projects as follows:
(1) For environmental restoration and waste management
activities, the following new plant project:
Project 
03–D–403, 
immobilized 
high-level 
waste
interim storage facility, Richland, Washington, $6,363,000.
(2) For defense environmental management cleanup reform,
the following new plant project:
Project 03–D–414, project engineering and design, var-
ious locations, $8,800,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2003 for other defense activities
in carrying out programs necessary for national security in the
amount of $462,664,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2003 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 $315,000,000.
Subtitle B—Program Authorizations,
Restrictions, and Limitations
SEC. 3141. ANNUAL ASSESSMENTS AND REPORTS TO THE PRESIDENT
AND CONGRESS REGARDING THE CONDITION OF THE
UNITED STATES NUCLEAR WEAPONS STOCKPILE.
(a) ANNUAL ASSESSMENTS REQUIRED.—For each nuclear weapon
type in the stockpile of the United States, each official specified
in subsection (b) on an annual basis shall, to the extent such
official is directly responsible for the safety, reliability, performance,
H. R. 4546—274
or military effectiveness of that nuclear weapon type, complete
an assessment of the safety, reliability, performance, or military
effectiveness (as the case may be) of that nuclear weapon type.
(b) COVERED OFFICIALS.—The officials referred to in subsection
(a) are the following:
(1) The head of each national security laboratory.
(2) The commander of the United States Strategic Com-
mand.
(c) USE OF TEAMS OF EXPERTS FOR ASSESSMENTS.—The head
of each national security laboratory shall establish and use one
or more teams of experts, known as ‘‘red teams’’, to assist in
the assessments required by subsection (a). Each such team shall
include experts from both of the other national security laboratories.
Each such team for a national security laboratory shall—
(1) review the matters covered by the assessments under
subsection (a) performed by the head of that laboratory;
(2) subject such matters to challenge; and
(3) submit the results of such review and challenge,
together with the findings and recommendations of such team
with respect to such review and challenge, to the head of
that laboratory.
(d) REPORT ON ASSESSMENTS.—Not later than December 1 of
each year, each official specified in subsection (b) shall submit
to the Secretary concerned, and to the Nuclear Weapons Council,
a report on the assessments that such official was required by
subsection (a) to complete. The report shall include the following:
(1) The results of each such assessment.
(2)(A) Such official’s determination as to whether or not
one or more underground nuclear tests are necessary to resolve
any issues identified in the assessments and, if so—
(i) an identification of the specific underground nuclear
tests that are necessary to resolve such issues; and
(ii) a discussion of why options other than an under-
ground nuclear test are not available or would not resolve
such issues.
(B) An identification of the specific underground nuclear
tests which, while not necessary, might have value in resolving
any such issues and a discussion of the anticipated value of
conducting such tests.
(C) Such official’s determination as to the readiness of
the United States to conduct the underground nuclear tests
identified under subparagraphs (A)(i) and (B), if directed by
the President to do so.
(3) In the case of a report submitted by the head of a
national security laboratory—
(A) a concise statement regarding the adequacy of the
science-based tools and methods being used to determine
the matters covered by the assessments;
(B) a concise statement regarding the adequacy of the
tools and methods employed by the manufacturing infra-
structure 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 assessments; and
(C) a concise summary of the findings and rec-
ommendations of any teams under subsection (c) that relate
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to the assessments, together with a discussion of those
findings and recommendations.
(4) In the case of a report submitted by the Commander
of the United States Strategic Command, a discussion of the
relative merits of other nuclear weapon types (if any), or
compensatory measures (if any) that could be taken, that could
enable accomplishment of the missions of the nuclear weapon
types to which the assessments relate, should such assessments
identify any deficiency with respect to such nuclear weapon
types.
(5) An identification and discussion of any matter having
an adverse effect on the capability of the official submitting
the report to accurately determine the matters covered by the
assessments.
(e) SUBMITTALS TO THE PRESIDENT AND CONGRESS.—(1) Not
later than March 1 of each year, the Secretary of Defense and
the Secretary of Energy shall submit to the President—
(A) each report, without change, submitted to either Sec-
retary under subsection (d) during the preceding year;
(B) any comments that the Secretaries individually or
jointly consider appropriate with respect to each such report;
(C) the conclusions that the Secretaries individually or
jointly reach as to the safety, reliability, performance, and
military effectiveness of the nuclear weapons stockpile of the
United States; and
(D) any other information that the Secretaries individually
or jointly consider appropriate.
(2) Not later than March 15 of each year, the President shall
forward to Congress the matters received by the President under
paragraph (1) for that year, together with any comments the Presi-
dent considers appropriate.
(f) CLASSIFIED FORM.—Each submittal under subsection (e)
shall be in classified form only, with the classification level required
for each portion of such submittal marked appropriately.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘national security laboratory’’ has the meaning
given such term in section 3281 of the National Nuclear Secu-
rity Administration Act (50 U.S.C. 2471).
(2) The term ‘‘Secretary concerned’’ means—
(A) the Secretary of Energy, with respect to matters
concerning the Department of Energy; and
(B) the Secretary of Defense, with respect to matters
concerning the Department of Defense.
(h) FIRST SUBMISSIONS.—(1) The first submissions made under
subsection (d) shall be the submissions required to be made in
2003.
(2) The first submissions made under subsection (e) shall be
the submissions required to be made in 2004.
SEC. 3142. PLANS FOR ACHIEVING ENHANCED READINESS POSTURE
FOR RESUMPTION BY THE UNITED STATES OF UNDER-
GROUND NUCLEAR WEAPONS TESTS.
(a) PLANS REQUIRED.—The Secretary of Energy, in consultation
with the Administrator for Nuclear Security, shall prepare plans
for achieving, not later than one year after the date on which
the plans are submitted under subsection (c), readiness postures