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(b) REPEALS
AND CONFORMING AMENDMENTS.—Section 3534
shall take effect October 1, 2005.
(c) OTHER PROVISIONS.—Sections 3533, 3535, and this section
shall take effect on the date of the enactment of this Act.
Subtitle D—National Defense Tank Vessel
Construction Assistance
SEC. 3541. NATIONAL DEFENSE TANK VESSEL CONSTRUCTION PRO-
GRAM.
The Secretary of Transportation shall establish a program for
the provision of financial assistance for the construction in the
United States of a fleet of up to 5 privately owned product tank
vessels—
(1) to be operated in commercial service in foreign com-
merce; and
(2) to be available for national defense purposes in time
of war or national emergency pursuant to an Emergency
Preparedness Plan approved by the Secretary of Defense pursu-
ant to section 3543(e).
SEC. 3542. APPLICATION PROCEDURE.
(a) REQUEST FOR PROPOSALS.—Within 90 days after the date
of the enactment of this subtitle, and on an as-needed basis there-
after, the Secretary, in consultation with the Secretary of Defense,
shall publish in the Federal Register a request for competitive
proposals for the construction of new product tank vessels necessary
to meet the commercial and national security needs of the United
States and to be built with assistance under this subtitle.
(b) QUALIFICATION.—Any citizen of the United States or any
shipyard in the United States may submit a proposal to the Sec-
retary of Transportation for purposes of constructing a product
tank vessel with assistance under this subtitle.
(c) REQUIREMENT.—The Secretary, with the concurrence of the
Secretary of Defense, may enter into an agreement with the sub-
mitter of a proposal for assistance under this subtitle if the Sec-
retary determines that—
(1) the plans and specifications call for construction of
a new product tank vessel of not less than 35,000 deadweight
tons and not greater than 60,000 deadweight tons, that—
(A) will meet the requirements of foreign commerce;
(B) is capable of carrying militarily useful petroleum
products, and will be suitable for national defense or mili-
tary purposes in time of war, national emergency, or other
military contingency; and
(C) will meet the construction standards necessary to
be documented under the laws of the United States;
(2) the shipyard in which the vessel will be constructed
has the necessary capacity and expertise to successfully con-
struct the proposed number and type of product tank vessels
in a reasonable period of time as determined by the Secretary
of Transportation, taking into consideration the recent prior
commercial shipbuilding history of the proposed shipyard in
delivering a vessel or series of vessels on time and in accordance
with the contract price and specifications; and
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(3) the person proposed to be the operator of the proposed
vessel possesses the ability, experience, financial resources, and
any other qualifications determined to be necessary by the
Secretary for the operation and maintenance of the vessel.
(d) PRIORITY.—The Secretary—
(1) subject to paragraph (2), shall give priority consideration
to a proposal submitted by a person that is a citizen of the
United States under section 2 of the Shipping Act, 1916 (46
U.S.C. App. 802); and
(2) may give priority to consideration of proposals that
provide the best value to the Government, taking into
consideration—
(A) the costs of vessel construction; and
(B) the commercial and national security needs of the
United States.
SEC. 3543. AWARD OF ASSISTANCE.
(a) IN GENERAL.—If after review of a proposal, the Secretary
determines that the proposal fulfills the requirements under this
subtitle, the Secretary may enter into a contract with the proposed
purchaser and the proposed shipyard for the construction of a
product tank vessel with assistance under this subtitle.
(b) AMOUNT OF ASSISTANCE.—The contract shall provide that
the Secretary shall pay, subject to the availability of appropriations,
up to 75 percent of the actual construction cost of the vessel,
but in no case more than $50,000,000 per vessel.
(c) CONSTRUCTION IN UNITED STATES.—A contract under this
section shall require that construction of a vessel with assistance
under this subtitle shall be performed in a shipyard in the United
States.
(d) DOCUMENTATION OF VESSEL.—
(1) CONTRACT REQUIREMENT.—A contract under this section
shall require that, upon delivery of a vessel constructed with
assistance under the contract, the vessel shall be documented
under chapter 121 of title 46, United States Code, with a
registry endorsement only.
(2) RESTRICTION ON COASTWISE ENDORSEMENT.—A vessel
constructed with assistance under this subtitle shall not be
eligible for a certificate of documentation with a coastwise
endorsement.
(3) AUTHORITY TO REFLAG NOT APPLICABLE.—Section 9(g)
of the Shipping Act, 1916, (46 U.S.C. App. 808(g)) shall not
apply to a vessel constructed with assistance under this subtitle.
(e) EMERGENCY PREPAREDNESS AGREEMENT.—
(1) IN GENERAL.—A contract under this section shall require
that the person who will be the operator of a vessel constructed
with assistance under the contract shall enter into an Emer-
gency Preparedness Agreement for the vessel under section
53107 of title 46, United States Code, as amended by this
Act.
(2) TREATMENT
AS
CONTRACTOR.—For purposes of the
application, under paragraph (1), of section 53107 of title 46,
United States Code, to a vessel constructed with assistance
under this subtitle, the term ‘‘contractor’’ as used in that section
means the person who will be the operator of a vessel con-
structed with assistance under this subtitle.
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(f) ADDITIONAL TERMS.—The Secretary shall incorporate in the
contract the requirements set forth in this subtitle, and may incor-
porate in the contract any additional terms the Secretary considers
necessary.
SEC. 3544. PRIORITY FOR TITLE XI ASSISTANCE.
Section 1103 of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1273) is amended by adding at the end the following:
‘‘(i) PRIORITY.—In guaranteeing and entering commitments to
guarantee under this section, the Secretary shall give priority to
guarantees and commitments for vessels that are otherwise eligible
for a guarantee under this section and that are constructed with
assistance under subtitle D of the Maritime Security Act of 2003.’’.
SEC. 3545. DEFINITIONS.
In this subtitle the definitions set forth in section 53101 of
title 46, United States Code, as amended by this Act, shall apply.
SEC. 3546. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to
carry out this subtitle a total of $250,000,000 for fiscal years after
fiscal year 2004.
TITLE XXXVI—NUCLEAR SECURITY
INITIATIVE
Sec. 3601. Short title.
Subtitle A—Administration and Oversight of Threat Reduction and
Nonproliferation Programs
Sec. 3611. Management assessment of Department of Defense and Department of
Energy threat reduction and nonproliferation programs.
Subtitle B—Relations Between the United States and Russia
Sec. 3621. Comprehensive inventory of Russian tactical nuclear weapons.
Sec. 3622. Establishment of interparliamentary Threat Reduction Working Group.
Sec. 3623. Sense of Congress on cooperation by United States and NATO with Rus-
sia on ballistic missile defenses.
Sec. 3624. Sense of Congress on enhanced collaboration to achieve more reliable
Russian early warning systems.
Subtitle C—Other Matters
Sec. 3631. Promotion of discussions on nuclear and radiological security and safety
between the International Atomic Energy Agency and the Organization
for Economic Cooperation and Development.
SEC. 3601. SHORT TITLE.
This title may be cited as the ‘‘Nuclear Security Initiative
Act of 2003’’.
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Subtitle A—Administration and Oversight
of Threat Reduction and Nonprolifera-
tion Programs
SEC. 3611. MANAGEMENT ASSESSMENT OF DEPARTMENT OF DEFENSE
AND DEPARTMENT OF ENERGY THREAT REDUCTION AND
NONPROLIFERATION PROGRAMS.
(a) GAO ASSESSMENT REQUIRED.—The Comptroller General
shall carry out an assessment of the management of the threat
reduction and nonproliferation programs of the Department of
Defense and the Department of Energy. The matters assessed shall
include—
(1) the effectiveness of the overall strategy used for man-
aging such programs;
(2) the basis used to allocate the missions of such programs
among the executive departments and agencies;
(3) the criteria used to assess the effectiveness of such
programs;
(4) the strategy and process used to establish priorities
for activities carried out under such programs, including the
analysis of risks and benefits used in determining how best
to allocate the funds made available for such programs;
(5) the mechanisms used to coordinate the activities carried
out under such programs by the executive departments and
agencies so as to ensure efficient execution and avoid duplica-
tion of effort; and
(6) the management controls used in carrying out such
programs and the effect of such controls on the execution of
such programs.
(b) CONSIDERATIONS.—In carrying out the assessment required
by subsection (a), the Comptroller General shall take into account—
(1) the national security interests of the United States;
and
(2) the need for accountability in expenditure of funds
by the United States.
(c) REPORT.—Not later than May 1, 2004, the Comptroller Gen-
eral shall submit a report on the assessment required by subsection
(a) to the Committee on Armed Services of the House of Representa-
tives and the Committee on Armed Services of the Senate.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘threat reduction and nonproliferation pro-
grams of the Department of Defense and the Department of
Energy’’ means—
(A) the programs specified in section 1501(b) of the
National Defense Authorization Act for Fiscal Year 1997
(Public Law 104–201; 110 Stat. 2731; 50 U.S.C. 2362 note);
and
(B) any programs for which funds are made available
under the defense nuclear nonproliferation account of the
Department of Energy.
(2) The term ‘‘management controls’’ means any accounting,
oversight, or other measure intended to ensure that programs
are executed consistent with—
(A) programmatic objectives as stated in budget jus-
tification materials submitted to Congress (as submitted
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with the budget of the President under section 1105(a)
of title 31, United States Code); and
(B) any restrictions related to such objectives as are
imposed by law.
Subtitle B—Relations Between the United
States and Russia
SEC. 3621. COMPREHENSIVE INVENTORY OF RUSSIAN TACTICAL
NUCLEAR WEAPONS.
(a) SENSE
OF CONGRESS.—It is the sense of Congress that
the United States should, to the extent the President considers
prudent, seek to work with the Russian Federation to develop
a comprehensive inventory of Russian tactical nuclear weapons.
(b) REPORT.—Not later than 12 months after the date of the
enactment of this Act, the President shall submit to Congress
a report, in both classified and unclassified form as necessary,
describing the progress that has been made toward creating such
an inventory.
SEC. 3622. ESTABLISHMENT OF INTERPARLIAMENTARY THREAT
REDUCTION WORKING GROUP.
(a) ESTABLISHMENT
OF WORKING GROUP.—There is hereby
established a working group to be known as the ‘‘Threat Reduction
Working Group’’ as an interparliamentary group of the Congress
of the United States and the legislature of the Russian Federation.
(b) PURPOSE OF WORKING GROUP.—The purpose of the working
group established by subsection (a) shall be to explore means to
enhance cooperation between the United States and the Russian
Federation with respect to nuclear nonproliferation and security
and such other issues related to reducing the dangers of weapons
of mass destruction as the members of the working group consider
appropriate.
(c) MEMBERSHIP.—(1) The majority leader of the Senate, after
consultation with the minority leader of the Senate, shall appoint
not more than 10 Senators to the working group established by
subsection (a).
(2) The Speaker of the House of Representatives, after consulta-
tion with the minority leader of the House of Representatives,
shall appoint not more than 30 Members of the House to the
working group.
SEC. 3623. SENSE OF CONGRESS ON COOPERATION BY UNITED STATES
AND 
NATO 
WITH 
RUSSIA 
ON 
BALLISTIC 
MISSILE
DEFENSES.
(a) SENSE
OF CONGRESS.—It is the sense of Congress that
the President should, in conjunction with the North Atlantic Treaty
Organization, encourage appropriate cooperative relationships
between the Russian Federation and the United States and North
Atlantic Treaty Organization with respect to the development and
deployment of ballistic missile defenses.
(b) REPORT TO CONGRESS.—Not later than one year after the
date of the enactment of this Act, the Secretary of Defense shall
transmit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives
a report (in unclassified or classified form as necessary) on the
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feasibility of increasing cooperation between the Russian Federation
and the United States and the North Atlantic Treaty Organization
on the subject of ballistic missile defense. The report shall include—
(1) the recommendations of the Secretary;
(2) a description of the threat such cooperation is intended
to address; and
(3) an assessment of possible benefits to ballistic missile
defense programs of the United States.
SEC. 3624. SENSE OF CONGRESS ON ENHANCED COLLABORATION TO
ACHIEVE MORE RELIABLE RUSSIAN EARLY WARNING
SYSTEMS.
It is the sense of Congress that the President, to the extent
consistent with the national security interests of the United States,
should—
(1) encourage joint efforts by the United States and the
Russian Federation to reduce the probability of accidental
nuclear attack as a result of misinformation or miscalculation
by developing the capabilities and increasing the reliability
of Russian ballistic missile early-warning systems;
(2) encourage the development of joint programs by the
United States and the Russian Federation to ensure that the
Russian Federation has reliable information regarding launches
of ballistic missiles anywhere in the world; and
(3) pending the execution of a new agreement between
the United States and the Russian Federation providing for
the conduct of the Russian-American Observation Satellite
(RAMOS) program, ensure that funds appropriated for that
program for fiscal year 2004 are obligated and expended in
a manner that provides for the satisfactory continuation of
that program.
Subtitle C—Other Matters
SEC. 3631. PROMOTION OF DISCUSSIONS ON NUCLEAR AND RADIO-
LOGICAL SECURITY AND SAFETY BETWEEN THE INTER-
NATIONAL 
ATOMIC 
ENERGY 
AGENCY 
AND 
THE
ORGANIZATION FOR ECONOMIC COOPERATION AND
DEVELOPMENT.
(a) SENSE OF CONGRESS REGARDING INITIATION OF DIALOGUE
BETWEEN THE IAEA AND THE OECD.—It is the sense of Congress
that—
(1) the United States should seek to initiate discussions
between the International Atomic Energy Agency and the
Organization for Economic Cooperation and Development for
the purpose of exploring issues of nuclear and radiological
security and safety, including the creation of new sources of
revenue (including debt reduction) for states to provide nuclear
security; and
(2) the discussions referred to in paragraph (1) should
also provide a forum to explore possible sources of funds in
support of the G–8 Global Partnership Against the Spread
of Weapons and Materials of Mass Destruction.
(b) CONTINGENT REPORT.—(1) Except as provided in paragraph
(2), the President shall, not later than 12 months after the date
of the enactment of this Act, submit to Congress a report on—
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(A) the efforts made by the United States to initiate the
discussions described in subsection (a);
(B) the results of those efforts; and
(C) any plans for further discussions and the purposes
of such discussions.
(2) Paragraph (1) shall not apply if no efforts referred to in
paragraph (1)(A) have been made.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.