501
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 amended 
by adding at the end the following new subsection: 
‘‘(g) TERMINATION OF ANNUAL UPDATES.—Effective 
December 31, 2004, the requirements of subsections (c), (d), 
(e), and (f) shall terminate.’’.
SEC. 3113. EXTENSION TO ALL DOE FACILITIES OF AUTHOR-
ITY TO PROHIBIT DISSEMINATION OF CER-
TAIN 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 facili-
ties, or any other facilities at which activities relating 
to nuclear weapons or nuclear materials are carried 
out, that are under the control or jurisdiction of the 
Secretary of Energy’’; and
502
(3) in subparagraph (B), by striking ‘‘produc-
tion or utilization facilities’’ and inserting ‘‘such fa-
cilities’’.
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 EN-
ERGY MANAGEMENT AND OPERATING CON-
TRACTORS. 
An officer or employee of a management and operating 
contractor of the Department of Energy, when serving as 
a member of a group reviewing or advising on matters re-
lated to any one or more management and operating con-
tracts of the Department, shall be treated as an officer or 
employee of the Department for purposes of determining 
whether the group is an advisory committee within the 
meaning of section 3 of the Federal Advisory Committee 
Act (5 U.S.C. App.).
SEC. 3115. AVAILABILITY OF FUNDS. 
Section 3628 of the Bob Stump National Defense Au-
thorization Act for Fiscal Year 2003 (Public Law 107–314; 
116 Stat. 2760; 42 U.S.C. 7386h) is amended to read as 
follows:
503
‘‘SEC. 3628. AVAILABILITY OF FUNDS. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), amounts appropriated pursuant to a DOE national se-
curity authorization for a fiscal year—
‘‘(1) shall remain available to be expended only 
in that fiscal year and the two succeeding fiscal 
years, in the case of amounts for the National Nuclear 
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 available 
to the Secretary of Energy for fiscal year 2004 for the Nu-
clear Test Readiness program of the Department of Energy 
may be obligated until—
(1) the Secretary of Energy submits to the Com-
mittees on Armed Services of the Senate and the 
House of Representatives the report required by sec-
tion 3142(c) of the Bob Stump National Defense Au-
thorization Act for Fiscal Year 2003 (Public Law
504
107–314; 116 Stat. 2733), relating to plans for 
achieving enhanced readiness postures for resumption 
by the United States of underground nuclear weapons 
tests; and 
(2) a period of 30 days has passed after the date 
on which such report is received by those committees.
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 Energy 
shall appoint a United States Federal Government em-
ployee 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 man-
ager appointed under subsection (a) shall—
(1) develop, in cooperation with representatives 
from governments of countries participating in the
505
project, a list of those steps or activities critical to 
achieving the project’s disarmament or nonprolifera-
tion goals; 
(2) establish a schedule for completing those steps 
or activities; 
(3) meet with all participants to seek assurances 
that those steps or activities are being completed 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 referred 
to in subsection (c)(1) are those activities that, if not com-
pleted, will prevent a project from achieving its disar-
mament or nonproliferation goals, including, at a min-
imum, the following: 
(1) Identification and acquisition of permits (as 
defined in subsection (f)). 
(2) Verification that the items, substances, or ca-
pabilities to be dismantled, secured, or otherwise 
modified are available for dismantlement, securing, or 
modification.
506
(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 
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 ‘‘per-
mit’’ means any local or national permit for development, 
general construction, environmental, land use, or other pur-
poses 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 amendment 
but with technical and conforming amendments of a 
non-substantive nature, recurring and general provi-
507
sions of law on Department of Energy national secu-
rity programs that remain in force in order to con-
solidate and organize such provisions of law into a 
single Act intended to comprise general provisions of 
law on such programs. 
(2) CONSTRUCTION OF TRANSFERS.—The trans-
fer of a provision of law by this section shall not be 
construed as amending, altering, or otherwise modi-
fying 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 satisfied, and 
shall not be treated as being revived solely by reason 
of transfer under this section.
508
(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. 
(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 Authoriza-
tion Act for Fiscal Year 2003, as added by sub-
section (b); and 
(D) amended by striking ‘‘title’’ and insert-
ing ‘‘division’’.
509
(2) DEFINITION.—Division D of the Bob Stump 
National Defense Authorization Act for Fiscal Year 
2003, as amended by this section, is further amended 
by adding at the end the following new section: 
‘‘SEC. 4002. DEFINITION. 
‘‘In this division, the term ‘congressional defense com-
mittees’ 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 Fiscal 
Year 2003, as amended by this section, is further 
amended by adding at the end the following: 
‘‘TITLE XLI—ORGANIZATIONAL 
MATTERS’’. 
(2) NAVAL NUCLEAR PROPULSION PROGRAM.—
Section 1634 of the Department of Defense Authoriza-
tion Act, 1985 (Public Law 98–525; 98 Stat. 2649) 
is—
(A) transferred to title XLI of division D of 
the Bob Stump National Defense Authorization
510
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—
(i) by striking the section heading and 
inserting the following new section heading: 
‘‘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 (Pub-
lic Law 104–201; 110 Stat. 2833) is—
(A) transferred to title XLI of division D of 
the Bob Stump National Defense Authorization 
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 REQUIREMENTS 
FOR CERTAIN ACTIVITIES AND FACILITIES.—Section
511
210 of the Department of Energy National Security 
and Military Applications of Nuclear Energy Author-
ization 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 Authorization 
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 heading: 
‘‘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 En-
ergy National Security and Military Appli-
cations of Nuclear Energy Authorization 
Act of 1981 (Public Law 96–540) or any 
other Act’’. 
(e) NUCLEAR WEAPONS STOCKPILE MATTERS.—
512
(1) HEADINGS.—Division D of the Bob Stump 
National Defense Authorization Act for Fiscal Year 
2003, as amended by this section, is further amended 
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 (Pub-
lic 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 para-
graph (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—
513
(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 4202; and 
(C) inserted after section 4201, as added by 
paragraph (2). 
(4) PLAN FOR STEWARDSHIP, MANAGEMENT, AND 
CERTIFICATION OF WARHEADS IN STOCKPILE.—Sec-
tion 3151 of the National Defense Authorization 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) is—
(A) transferred to title XLII of division D 
of the Bob Stump National Defense Authoriza-
514
tion Act for Fiscal Year 2003, as amended by 
this subsection; 
(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 REGARD-
ING
STOCKPILE.—Section 3194 of the Floyd D. 
Spence National Defense Authorization Act for Fiscal
515
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 PROGRAM.—
Section 1436 of the National Defense Authorization 
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 add-
ing 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
516
104–106; 110 Stat. 623), as amended by section 3192 
of the Floyd D. Spence National Defense Authoriza-
tion 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 Act, 
1993 (Public Law 102–337; 106 Stat. 1345) is—
517
(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; 
(C) inserted after section 4210, as added by 
paragraph (11); and 
(D) amended—
518
(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 
(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)’’.
519
(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 Au-
thorization Act for Fiscal Year 1998 (Public Law 
105–85; 111 Stat. 1954) and section 3163 of the Na-
tional 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: 
‘‘Subtitle B—Tritium’’. 
(16) TRITIUM PRODUCTION PROGRAM.—Section 
3133 of the National Defense Authorization Act for
520
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—
(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;
521
(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 
(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
522
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-
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.—
523
(1) TITLE
HEADING.—Division D of the Bob 
Stump National Defense Authorization Act for Fiscal 
Year 2003, as amended by this section, is further 
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 Defense 
Authorization Act for Fiscal Year 1998 (Public 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 para-
graph (1); 
(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)’’.
524
(3) NONPROLIFERATION INITIATIVES AND ACTIVI-
TIES.—Section 3136 of the National Defense Author-
ization 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.—Section 
3171 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–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;
525
(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 Authoriza-
tion 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 
(C) inserted after section 4303, as added by 
paragraph (4). 
(6) PROGRAMS ON FISSILE MATERIALS.—Section 
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 Fiscal Year 
2003 (Public Law 107–314; 116 Stat. 2738), is—
526
(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 MAN-
AGEMENT MATTERS.—
(1) HEADINGS.—Division D of the Bob Stump 
National Defense Authorization Act for Fiscal Year 
2003, as amended by this section, is further amended 
by adding at the end the following new headings: 
‘‘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—
527
(A) transferred to title XLIV of division D 
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as added by para-
graph (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-
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’’.
528
(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 Au-
thorization 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-
529
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; 
(B) redesignated as section 4405; 
(C) inserted after section 4404, as added by 
paragraph (5); and 
(D) amended in subsection (b)(2) by insert-
ing before the period the following: ‘‘, the prede-
cessor provision to section 4404 of this Act’’. 
(7) DEFENSE
WASTE
CLEANUP
TECHNOLOGY 
PROGRAM.—Section 3141 of the National Defense Au-
thorization Act for Fiscal Years 1990 and 1991 (Pub-
lic Law 101–189; 103 Stat. 1679) is—
530
(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 add-
ing a period at the end. 
(8) REPORT ON ENVIRONMENTAL RESTORATION 
EXPENDITURES.—Section 3134 of the National De-
fense Authorization Act for Fiscal Year 1991 (Public 
Law 101–510; 104 Stat. 1833) 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 4407; 
(C) inserted after section 4406, as added by 
paragraph (7); and 
(D) amended in the section heading by add-
ing a period at the end. 
(9) PUBLIC
PARTICIPATION
IN
PLANNING
FOR 
ENVIRONMENTAL RESTORATION AND WASTE MANAGE-
MENT.—Subsection (e) of section 3160 of the National
531
Defense Authorization Act for Fiscal Year 1995 (Pub-
lic 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: 
‘‘SEC. 4408. PUBLIC PARTICIPATION IN PLANNING FOR EN-
VIRONMENTAL RESTORATION AND WASTE 
MANAGEMENT AT DEFENSE NUCLEAR FACILI-
TIES.’’; 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 Fiscal 
Year 2003, as amended by this subsection, is further 
amended by adding at the end the following new sub-
title heading:
532
‘‘Subtitle B—Closure of Facilities’’. 
(11) PROJECTS TO ACCELERATE CLOSURE AC-
TIVITIES AT DEFENSE NUCLEAR FACILITIES.—Section 
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; 
(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 in-
serting ‘‘September 23, 2011’’. 
(12) REPORTS IN CONNECTION WITH PERMANENT 
CLOSURE
OF
DEFENSE
NUCLEAR
FACILITIES.—Sec-
tion 3156 of the National Defense Authorization 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-
533
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 add-
ing 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 
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—
534
(i) in subsections (a), (c)(1)(B)(i), and 
(d), by inserting ‘‘of the National Defense 
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’’. 
(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 amended 
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 (Public 
Law 104–106; 110 Stat. 624) is—
(A) transferred to title XLV of division D of 
the Bob Stump National Defense Authorization
535
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 inserting 
‘‘The’’; and 
(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 LABORATORIES 
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 Authorization 
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—
536
(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 
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 Labora-
tory, Livermore, California. 
‘‘(B) Los Alamos National Laboratory, Los 
Alamos, New Mexico. 
‘‘(C) Sandia National Laboratories, Albu-
querque, New Mexico and Livermore, California.
537
‘‘(4) The term ‘Restricted Data’ has the meaning 
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—
(A) transferred to title XLV of division D of 
the Bob Stump National Defense Authorization 
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.—
538
(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-
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 insert-
ing ‘‘section 4504A’’. 
(B) 
COUNTERINTELLIGENCE
POLYGRAPH 
PROGRAM.—Section 3154 of the National Defense 
Authorization Act for Fiscal Year 2000 (Public 
Law 106–65; 113 Stat. 941), as amended by sec-
tion 3135 of the Floyd D. Spence National De-
fense Authorization Act for Fiscal Year 2001 (as
539
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; 
(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 en-
actment 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 (Pub-
lic Law 106–65; 113 Stat. 939) is—
(A) transferred to title XLV of division D of 
the Bob Stump National Defense Authorization 
Act for Fiscal Year 2003, as amended by this 
subsection; 
(B) redesignated as section 4505; 
(C) inserted after section 4504A, as added 
by paragraph (5)(B).
540
(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 Authorization 
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 ‘‘section 
3161’’. 
(8) REPORT ON COUNTERINTELLIGENCE AND SE-
CURITY 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 Authorization 
Act for Fiscal Year 2003, as amended by this 
subsection; 
(B) redesignated as section 4507;
541
(C) inserted after section 4506, as added by 
paragraph (7); and 
(D) amended by adding at the end the fol-
lowing new subsection: 
‘‘(c) NATIONAL LABORATORY DEFINED.—In this sec-
tion, 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 Authorization 
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 INFOR-
MATION.—Title XLV of division D of the Bob Stump
542
National Defense Authorization Act for Fiscal Year 
2003, as amended by this subsection, is further 
amended by adding at the end the following new sub-
title 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 Authorization 
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 Defense 
Authorization Act for Fiscal Year 2000 (Public Law 
106–65; 113 Stat. 774) and section 3193 of the Floyd
543
D. Spence National 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 XLV of division D of 
the Bob Stump National Defense Authorization 
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 Sec-
retary’’. 
(13) SUPPLEMENT TO PLAN FOR DECLASSIFICA-
TION
OF
RESTRICTED
DATA
AND
FORMERLY
RE-
STRICTED DATA.—Section 3149 of the National De-
544
fense 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 Authorization 
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 Act for Fiscal 
Year 1999 (Public Law 105–261; 112 Stat. 
2260; 50 U.S.C. 435 note)’’ and inserting 
‘‘subsection (a) of section 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,’’; 
(iii) in subsection (c)—
545
(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 ‘‘sec-
tion 3161(d) of that Act’’ and inserting 
‘‘subsection (d) of section 4522’’. 
(14) PROTECTION OF CLASSIFIED INFORMATION 
DURING LABORATORY-TO-LABORATORY EXCHANGES.—
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 Authorization 
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 of 
the National Defense Authorization Act for Fiscal 
Year 2000 (Public Law 106–65; 113 Stat. 949) is—
546
(A) transferred to title XLV of division D of 
the Bob Stump National Defense Authorization 
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 Fiscal Year 
2003, as amended by this subsection, is further 
amended by adding at the end the following new sub-
title 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—
(A) transferred to title XLV of division D of 
the Bob Stump National Defense Authorization 
Act for Fiscal Year 2003, as amended by this 
subsection;
547
(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 amended 
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 
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
548
(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 para-
graph (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 
(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
549
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)’’. 
(5) DEFENSE
NUCLEAR
FACILITY
WORKFORCE 
RESTRUCTURING PLAN.—Section 3161 of the National 
Defense Authorization Act for Fiscal Year 1993 (Pub-
lic Law 102–484; 106 Stat. 2644), as amended by sec-
tion 1070(c)(2) of the National Defense Authorization
550
Act for Fiscal Year 1995 (Public Law 103–337; 108 
Stat. 2857), Public Law 105–277 (112 Stat. 2681–
419, 2681–430), and section 1048(h)(1) of the Na-
tional 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: 
‘‘(g) DEPARTMENT OF ENERGY DEFENSE NUCLEAR 
FACILITY DEFINED.—In this section, the term ‘Department 
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
551
is operated for national security purposes (including 
the tritium loading facility at Savannah River, 
South Carolina, the 236 H facility at Savannah 
River, South Carolina; and the Mound Laboratory, 
Ohio), but the term does not include any facility that 
does not conduct atomic energy defense activities and 
does not include any facility or activity covered by 
Executive Order Number 12344, dated February 1, 
1982, pertaining to the naval nuclear propulsion pro-
gram; 
‘‘(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 (in-
cluding the Nevada Test Site, Nevada; the Pinnellas 
Plant, Florida; and the Pantex facility, Texas); 
‘‘(4) an atomic weapons research facility that is 
under the control or jurisdiction of the Secretary (in-
cluding 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;
552
‘‘(B) was under the control or jurisdiction 
of the Department of Defense, the Atomic Energy 
Commission, or the Energy Research and Devel-
opment 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 
(C) inserted after section 4604, as added by 
paragraph (5). 
(7) SUBTITLE HEADING ON TRAINING AND EDU-
CATION.—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 sub-
title heading:
553
‘‘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 add-
ing a period at the end. 
(9) STOCKPILE
STEWARDSHIP
RECRUITMENT 
AND TRAINING PROGRAM.—Section 3131 of the Na-
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;
554
(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 (Public 
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 DEVELOPMENT 
OF
SKILLS
CRITICAL
TO
NUCLEAR
WEAPONS
COM-
PLEX.—Section 3140 of the National Defense Author-
ization Act for Fiscal Year 1996 (Public Law 104–
106; 110 Stat 621), as amended by section 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
555
(C) inserted after section 4622, as added by 
paragraph (9). 
(11) SUBTITLE HEADING ON WORKER SAFETY.—
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; 
(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
556
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 HAZARDOUS 
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—
557
(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 following 
new subsection: 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘Department of Energy defense 
nuclear facility’ has the meaning given that term in 
section 4604(g). 
‘‘(2) The term ‘Department of Energy employee’ 
means any employee of the Department of Energy 
employed at a Department of Energy defense 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 amended 
by adding at the end the following new headings:
558
‘‘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); 
(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 redesignated, 
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’’;
559
(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 redesignated, 
by striking ‘‘section 3621’’ and inserting 
‘‘section 4702’’. 
(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 PEN-
ALTIES UNDER ENVIRONMENTAL LAWS.—Section 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 Authoriza-
560
tion 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 add-
ing a period at the end. 
(5) RESTRICTION ON USE OF FUNDS TO PAY PEN-
ALTIES UNDER CLEAN AIR ACT.—Section 211 of the 
Department of Energy National Security and Mili-
tary Applications of Nuclear Energy Authorization 
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 Authoriza-
tion 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 heading: 
‘‘SEC. 4722. RESTRICTION ON USE OF FUNDS TO PAY PEN-
ALTIES UNDER CLEAN AIR ACT.’’; 
(ii) by striking SEC. 211.’’; and
561
(iii) by striking ‘‘this or any other 
Act’’ and inserting ‘‘the Department of En-
ergy National Security and Military Appli-
cations 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 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 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 (Public 
Law 95–509; 92 Stat. 1779) is—
(A) transferred to title XLVII of division D 
of the Bob Stump National Defense Authoriza-
tion 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—
562
(i) by striking the section heading and 
inserting the following new section heading: 
‘‘SEC. 4731. SINGLE REQUEST FOR AUTHORIZATION OF AP-
PROPRIATIONS FOR COMMON DEFENSE AND 
SECURITY PROGRAMS.’’; and 
(ii) by striking ‘‘SEC. 208.’’. 
(k) ADMINISTRATIVE MATTERS.—
(1) HEADINGS.—Division D of the Bob Stump 
National Defense Authorization Act for Fiscal Year 
2003, as amended by this section, is further amended 
by adding at the end the following new headings: 
‘‘TITLE XLVIII—ADMINISTRATIVE 
MATTERS 
‘‘Subtitle A—Contracts’’. 
(2) COSTS NOT ALLOWED UNDER CERTAIN CON-
TRACTS.—Section 1534 of the Department of Defense 
Authorization Act, 1986 (Public Law 99–145; 99 
Stat. 774), as amended by section 3131 of the Na-
tional 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 Authoriza-
tion Act for Fiscal Year 2003, as added by para-
graph (1);
563
(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 
(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 CONTRACTORS 
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 Authoriza-
tion 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;
564
(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 
(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 WEAPONS TEST-
ING PROGRAMS.—Section 3141 of the National De-
fense 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 Authoriza-
tion 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
565
(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 Fiscal 
Year 2003, as amended by this subsection, is further 
amended by adding at the end the following new sub-
title heading: 
‘‘Subtitle B—Research and 
Development’’. 
(6) LABORATORY-DIRECTED RESEARCH AND DE-
VELOPMENT.—Section 3132 of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 
101–510; 104 Stat. 1832) is—
(A) transferred to title XLVIII 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 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 add-
ing a period at the end.
566
(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 DEVEL-
OPMENT.—Section 3137 of the National 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)—
567
(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 
(III) in subsection (e), by striking 
‘‘section 3132(d) of the National De-
fense Authorization Act for Fiscal Year 
1991 (42 U.S.C. 7257a(d))’’ and in-
serting ‘‘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 Authoriza-
tion 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;
568
(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 Authoriza-
tion Act for Fiscal Year 1997 (Public Law 
104–201)’’ after ‘‘section 3101’’. 
(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 Authoriza-
tion 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 (Public 
Law 105–85; 111 Stat. 2044) is—
(A) transferred to title XLVIII of division 
D of the Bob Stump National Defense Authoriza-
569
tion 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 
(D) amended in subsection (c) by striking 
‘‘this title’’ and inserting ‘‘title XXXI of the Na-
tional 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 Fiscal 
Year 2003, as amended by this subsection, is further 
amended by adding at the end the following new sub-
title 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 (Public 
Law 105–85; 111 Stat. 2046) is—
(A) transferred to title XLVIII of division 
D of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as amended by 
this subsection;
570
(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 
CERTAIN NUCLEAR WEAPONS PRODUCTION PLANTS.—
Section 3156 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–
467) is—
(A) transferred to title XLVIII 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 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 Authoriza-
571
tion 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 
(D) amended in subsection (d) by striking 
‘‘sections 202 and 203(j) of the Federal Property 
and Administrative Services Act of 1949 (40 
U.S.C. 483 and 484(j))’’ and inserting ‘‘sub-
chapter II of chapter 5 and section 549 of title 
40, United States Code,’’. 
(14) SUBTITLE HEADING ON OTHER MATTERS.—
Title XLVIII of division D of the Bob Stump Na-
tional Defense Authorization Act for Fiscal Year 
2003, as amended by this subsection, is further 
amended by adding at the end the following new sub-
title 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 Authoriza-
572
tion 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—
(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 ON LOCAL IMPACT ASSISTANCE.—’’; 
and 
(iii) by striking ‘‘section 3161(c)(6) of 
the National Defense Authorization Act of 
Fisca Year 1993 (42 U.S.C. 7274h(c)(6))’’ 
and inserting ‘‘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 amended 
by adding at the end the following new headings:
573
‘‘TITLE XLIX—MATTERS RELAT-
ING TO PARTICULAR FACILI-
TIES 
‘‘Subtitle A—Hanford Reservation, 
Washington’’. 
(2) SAFETY MEASURES FOR WASTE TANKS.—Sec-
tion 3137 of the National Defense Authorization 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 para-
graph (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 enact-
ment 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-
574
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 ‘‘Begin-
ning March 5, 1991,’’; and 
(v) in subsection (d), by striking 
‘‘Within six months of the date of the enact-
ment of this Act,’’ and inserting ‘‘Not later 
than May 5, 1991,’’. 
(3) PROGRAMS FOR PERSONS WHO MAY HAVE 
BEEN EXPOSED TO RADIATION RELEASED FROM HAN-
FORD RESERVATION.—Section 3138 of the National 
Defense Authorization Act for Fiscal Year 1991 (Pub-
lic Law 101–510; 104 Stat. 1834), as amended by sec-
tion 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
575
(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-
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 enact-
ment of this Act,’’ and inserting ‘‘May 
5, 1991,’’; and 
(II) in paragraph (3), by striking 
‘‘18 months after the date of the enact-
ment 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 Authoriza-
576
tion 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; 
(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 Authorization 
Act for Fiscal Year 2001,’’ and inserting ‘‘No-
vember 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
577
(C) amended—
(i) by inserting before the text the fol-
lowing new section heading: 
‘‘SEC. 4904. RIVER PROTECTION PROJECT.’’; and 
(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’’.
578
(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 subsection, 
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 National 
Defense Authorization Act for Fiscal Year 1997 (Pub-
lic 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 Au-
thorization Act for Fiscal Year 1997 (Public Law 
104–201; 110 Stat. 2834) is—
579
(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 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 inserting ‘‘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 division 
D of the Bob Stump National Defense Au-
580
thorization Act for Fiscal Year 2003, as 
amended by this subsection; 
(ii) inserted after section 4912, as 
added by paragraph (9); and 
(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 division 
D of the Bob Stump National Defense Au-
thorization 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-
581
ization Act for Fiscal Year 1999 (Public Law 
105–261; 112 Stat. 2248) is—
(i) transferred to title XLIX 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 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 Authoriza-
tion Act for Fiscal Year 1998 (Public Law 105–
85; 111 Stat. 2038) is—
(i) transferred to title XLIX of division 
D of the Bob Stump National Defense Au-
thorization 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:
582
‘‘SEC. 4913C. CONTINUATION OF PROCESSING, TREATMENT, 
AND DISPOSAL OF LEGACY NUCLEAR MATE-
RIALS.’’; and 
(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 Authoriza-
tion Act for Fiscal Year 1997 (Public Law 104–
201; 110 Stat. 2836) is—
(i) transferred to title XLIX of division 
D of the Bob Stump National Defense Au-
thorization 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 Sec-
583
retary’’ and inserting ‘‘The Secretary 
of Energy’’; and 
(III) by striking ‘‘subsection (e)’’ 
and inserting ‘‘section 4912’’. 
(11) LIMITATION ON USE OF FUNDS FOR DECOM-
MISSIONING 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.—’’;
584
(iii) by striking ‘‘this or any other 
Act’’ and inserting ‘‘the Floyd D. Spence 
National Defense Authorization Act for Fis-
cal Year 2001 (as enacted into law by Pub-
lic 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 PLU-
TONIUM.—Section 3182 of the Bob Stump Na-
tional Defense Authorization Act for Fiscal Year 
2003 (Public Law 107–314; 116 Stat. 2747) is—
(i) transferred to title XLIX of division 
D of such Act, as amended by this sub-
section; 
(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 division 
D of the Bob Stump National Defense Au-
585
thorization 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 sub-
title 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 Author-
ization 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 Fis-
586
cal 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 National 
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 En-
ergy 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 National De-
587
fense Stockpile Transaction Fund established under sub-
section (a) of section 9 of the Strategic and Critical Mate-
rials 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 envi-
ronmentally sensitive. 
(b) ADDITIONAL OBLIGATIONS.—The National Defense 
Stockpile Manager may obligate amounts in excess of the 
amount specified in subsection (a) if the National Defense 
Stockpile Manager notifies Congress that extraordinary or 
emergency conditions necessitate the additional obligations. 
The National Defense Stockpile Manager may make the ad-
ditional obligations described in the notification 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 De-
fense Authorization Act for Fiscal Year 2000 (Public Law 
106–65; 113 Stat. 972; 59 U.S.C. 98d note) is amended—
(1) by striking ‘‘and’’ at the end of paragraph 
(2); and
588
(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 sub-
section (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 fiscal 
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.
589
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 without 
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 Mari-
time 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 Co-
lumbia, and a foreign country; and 
(B) includes, in the case of liquid and dry 
bulk cargo carrying services, trading between for-
590
eign ports in accordance with normal commer-
cial bulk shipping practices in such manner as 
will permit United States-documented vessels 
freely to compete with foreign-flag bulk carrying 
vessels in their operation or in competing for 
charters, subject to rules and regulations promul-
gated by the Secretary of Transportation pursu-
ant 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 
(B) any vessel that—
(i) is a replacement for a vessel de-
scribed in subparagraph (A);
591
(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 possession there-
of, or of any foreign country. 
(8) PRODUCT TANK VESSEL.—The term ‘‘product 
tank vessel’’ means a double hulled tank vessel capable 
of carrying simultaneously more than 2 separated 
grades of refined petroleum products. 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation.
592
(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 in-
cluded in the Fleet if—
(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 ves-
sel to be constructed, will be operated) in providing 
transportation in foreign commerce;
593
(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 included 
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 included 
in the Fleet; 
except that the Secretary of Transportation shall 
waive the application of an age restriction under this 
paragraph if the waiver is requested by the Secretary 
of Defense; 
(4) the vessel is determined by the Secretary of 
Defense to be suitable for use by the United States for
594
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 docu-
mented 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 documenta-
tion under chapter 121 of title 46, United 
States Code. 
(c) REQUIREMENTS
REGARDING
CITIZENSHIP
OF 
OWNERS AND CHARTERERS.—
(1) VESSEL OWNED AND OPERATED BY SECTION 
2 CITIZENS.—A vessel meets the requirements of this 
paragraph if, during the period of an operating 
agreement under this subtitle that applies to the ves-
sel, the vessel will be owned and operated by persons 
one or more persons that are citizens of the United
595
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 vessel 
meets the requirements of this paragraph if—
(A) during the period of an operating agree-
ment under this subtitle that applies to the ves-
sel, 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 the 
Shipping Act, 1916 (46 App. U.S.C. 
802), and are appointed and subjected 
to removal only upon approval by the 
Secretary; and
596
(III) that certifies that there are 
no treaties, statutes, regulations, or 
other laws that would prohibit the con-
tractor for the vessel from performing 
its obligations under an operating 
agreement under this subtitle; and 
(B) in the case of a vessel that will be char-
tered to a person that is owned or controlled 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 in-
fluence the operation of the vessel in a manner 
that will adversely affect the interests of the 
United States.
(3) VESSEL OWNED AND OPERATED BY DEFENSE 
CONTRACTOR.—A vessel meets the requirements of this 
paragraph if, during the period of an operating 
agreement under this subtitle that applies to the ves-
sel, 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
597
Defense, or charters other vessels to the Secretary 
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 CITIZEN 
AND CHARTERED TO SECTION 2 CITIZEN.—A vessel 
meets the requirements of this paragraph if, during 
the period of an operating agreement under this sub-
title 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 
(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 Sec-
retary of Defense shall request the Secretary of Homeland 
Security to issue any waiver under the first section of Pub-
598
lic 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 purposes 
of section 3511(c) enter into an operating agreement with 
the Secretary under this section. 
(b) PROCEDURE FOR APPLICATIONS.—
(1) ACCEPTANCE OF APPLICATIONS.—Beginning 
no later than 30 days after the effective date of this 
subtitle, the Secretary shall accept applications for 
enrollment of vessels in the Fleet. 
(2) ACTION ON APPLICATIONS.—Within 90 days 
after receipt of an application for enrollment of a ves-
sel in the Fleet, the Secretary shall enter into an oper-
ating agreement with the applicant or provide in 
writing the reason for denial of that application. 
(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—
599
(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 Ship-
ping Act, 1916 (46 App. U.S.C. 802), 
except that the Secretary shall not enter into op-
erating 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 Sec-
retary shall not enter into operating agreements 
under this subparagraph for more than 47 ves-
sels. 
(C) CERTAIN VESSELS OPERATED BY SEC-
TION 2 CITIZENS.—Third, to the extent amounts 
are available after applying subparagraphs (A) 
and (B), for any other vessel that is eligible to 
be included in the Fleet under section 3511(b),
600
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 Shipping 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 operated 
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). 
(D) OTHER ELIGIBLE VESSELS.—Fourth, to 
the extent amounts are available after applying 
subparagraphs (A), (B), and (C), for any other 
vessel that is eligible to be included in the Fleet 
under section 3511(b).
(2) REDUCTION
IN
NUMBER
OF
SLOTS
FOR 
FORMER PARTICIPATING FLEET VESSELS.—The num-
ber in paragraph (1)(B) shall be reduced by 1—
(A) for each former participating fleet vessel 
for which an application for enrollment in the 
Fleet is not received by the Secretary within the
601
90-day period beginning on the effective date of 
this subtitle; and 
(B) for each former participating fleet vessel 
for which an application for enrollment in the 
Fleet received by the Secretary is not approved 
by the Secretary of Defense within the 90-day 
period beginning on the date of such receipt. 
(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 within 
a priority— 
(i) in accordance with operational re-
quirements specified by the Secretary of De-
fense; and 
(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 op-
erating agreement, the Secretary may treat an exist-
ing tank vessel that is eligible to be included in the
602
Fleet under section 3511(b) as a vessel that is con-
structed 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 sub-
title; 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 
(ii) the date of delivery of the replacement 
tank vessel. 
(d) LIMITATION.—The Secretary may not award oper-
ating agreements under this subtitle that require payments 
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
603
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 fis-
cal 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 pur-
suant to an Emergency Preparedness Agreement under sec-
tion 3516, shall be the expiration or termination date of 
the Government charter covering the vessel, or any earlier 
date the vessel is withdrawn from that charter. 
(c) TERMINATION.—
(1) IN GENERAL.—If the contractor with respect 
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
604
specified by the contractor if the contractor notifies 
the Secretary, by not later than 60 days before the ef-
fective date of the termination, that the contractor in-
tends 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 author-
ized 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. 
(2) RELEASE OF VESSELS FROM OBLIGATIONS.—
If funds are not appropriated under the authority 
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 subtitle for 
which funds are not available—
(A) is thereby released from any further ob-
ligation 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 Secretary of
605
Transportation and the Secretary of Defense, 
notwithstanding section 9 of the Shipping 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 available to be 
requisitioned by the Secretary of Transportation 
pursuant to section 902 of such Act. 
SEC. 3514. OBLIGATIONS AND RIGHTS UNDER OPERATING 
AGREEMENTS. 
(a) OPERATION OF VESSEL.—An operating agreement 
under this subtitle shall require that, during the period 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 chapter 
121 of title 46, United States Code. 
(b) ANNUAL PAYMENTS BY SECRETARY.—
606
(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 agree-
ment under this subtitle constitutes a contractual ob-
ligation of the United States Government to 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 agreement 
terminated under section 3513(c)(2)) shall remain docu-
mented under chapter 121 of title 46, United States Code, 
until the date the operating agreement would terminate ac-
cording 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 according to 
its terms.
607
(2) EMERGENCY PREPAREDNESS AGREEMENT.—
All terms and conditions of an Emergency Prepared-
ness Agreement entered into under section 3516 shall 
remain in effect until the date the operating agree-
ment would terminate according to its terms, except 
that the terms of such Emergency Preparedness Agree-
ment may be modified by the mutual consent of the 
contractor and the Secretary of Transportation and 
the Secretary of Defense. 
(e) TRANSFER OF OPERATING AGREEMENTS.—A con-
tractor 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 provi-
sions of this section, shall pay to the contractor for 
an operating agreement, for each vessel that is covered 
by the operating agreement, an amount equal to—
(A) $2,600,000 for each of fiscal years 2006 
and 2007, and
608
(B) such amount, not less than $2,600,000, 
for each fiscal year thereafter for which the 
agreement is in effect as the Secretary, with the 
concurrence of the Secretary of Defense, considers 
to be necessary to meet the operational require-
ments of the Secretary of Defense. 
(2) TIMING.—The amount shall be paid in equal 
monthly installments at the end of each 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 fis-
cal year for a vessel, the contractor for the vessel shall cer-
tify, in accordance with regulations issued by the Secretary, 
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 considered days of operation 
for purposes of this subsection. 
(c) LIMITATIONS.—The Secretary of Transportation 
shall not make any payment under this subtitle for a vessel 
with respect to any days for which the vessel is—
(1) under a charter to the United States Govern-
ment, other than a charter pursuant to an Emergency 
Preparedness Agreement under section 3516;
609
(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 
(C) 30 years of age, in the case of a LASH 
vessel. 
(d) REDUCTIONS IN PAYMENTS.—With respect to pay-
ments under this subtitle for a vessel covered by an oper-
ating agreement, the Secretary—
(1) except as provided in paragraph (2), shall 
not reduce any payment for the operation of the vessel 
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 Merchant
610
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 repair 
considered to be days on which the vessel is operated. 
SEC. 3516. NATIONAL SECURITY REQUIREMENTS. 
(a) EMERGENCY PREPAREDNESS AGREEMENT RE-
QUIRED.—The Secretary shall establish an Emergency Pre-
paredness Program under this section that is approved by 
the Secretary of Defense. Under the program, the Secretary 
shall include in each operating agreement under this sub-
title a requirement that the contractor enter into an Emer-
gency 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 contractor 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 determined
611
by the Secretary of Defense to be necessary for na-
tional security or contingency operation (as that term 
is defined in section 101 of title 10, United States 
Code), a contractor for a vessel covered by an oper-
ating agreement under this subtitle shall make avail-
able commercial transportation resources (including 
services). 
(2) BASIC TERMS.—(A) The basic terms of the 
Emergency Preparedness Agreement shall be estab-
lished (subject to subparagraph (B)) pursuant to con-
sultations among the Secretary and the Secretary of 
Defense. 
(B) In any Emergency Preparedness Agreement, 
the Secretary and a contractor may agree to addi-
tional or modifying terms appropriate to the contrac-
tor’s circumstances if those terms have been approved 
by the Secretary of Defense.
(c) PARTICIPATION AFTER EXPIRATION OF OPERATING 
AGREEMENT.—Except as provided by section 3514(c), the 
Secretary may not require, through an Emergency Pre-
paredness Agreement or operating agreement, that a con-
tractor continue to participate in an Emergency Prepared-
ness Agreement after the operating agreement with the con-
tractor has expired according to its terms or is otherwise 
no longer in effect. After expiration of an Emergency Pre-
612
paredness Agreement, a contractor may volunteer to con-
tinue 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 or 
capacity in vessels, intermodal systems and equipment, ter-
minal facilities, intermodal and management services, and 
other related services, or any agreed portion of such non-
vessel resources for activation as the Secretary of Defense 
may determine to be necessary, seeking to minimize disrup-
tion of the contractor’s service to commercial shippers. 
(e) COMPENSATION.—
(1) IN GENERAL.—The Secretary shall include in 
each Emergency Preparedness Agreement provisions 
approved by the Secretary of Defense under which the 
Secretary of Defense shall pay fair and reasonable 
compensation for all commercial transportation re-
sources provided pursuant to this section. 
(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 considering 
all circumstances;
613
(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 to 
the contractor and is available to reenter com-
mercial 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 ves-
sel 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 Preparedness 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
614
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 Act, 1936 
(46 App. U.S.C. 1241(a), 1241(b), and 1241b) to the 
same extent as the eligibility of the vessel or vessel ca-
pacity replaced. 
(g) REDELIVERY AND LIABILITY OF U.S. FOR DAM-
AGES.—
(1) IN GENERAL.—All commercial transportation 
resources activated under an Emergency Preparedness 
Agreement shall, upon termination of the period of 
activation, be redelivered to the contractor in the 
same good order and condition as when received, less 
ordinary wear and tear, or the Secretary of Defense 
shall fully compensate the contractor for any nec-
essary repair or replacement. 
(2) LIMITATION ON LIABILITY OF U.S.—Except 
as may be expressly agreed to in an Emergency Pre-
paredness Agreement, or as otherwise provided by 
law, the Government shall not be liable for disruption 
of a contractor’s commercial business or other con-
sequential damages to a contractor arising from acti-
vation of commercial transportation resources under 
an Emergency Preparedness Agreement.
615
SEC. 3517. REGULATORY RELIEF. 
(a) OPERATION
IN FOREIGN COMMERCE.—A con-
tractor for a vessel included in an operating agreement 
under this subtitle may operate the vessel in the foreign 
commerce of the United States without restriction. 
(b) OTHER RESTRICTIONS.—The restrictions of section 
901(b)(1) of the Merchant Marine Act, 1936 (46 App. 
U.S.C. 1241(b)(1)) concerning the building, rebuilding, or 
documentation of a vessel in a foreign country shall not 
apply to a vessel for any day the operator of that vessel 
is receiving payments for operation of that vessel under an 
operating agreement under this subtitle. 
SEC. 3518. SPECIAL RULE REGARDING AGE OF FORMER 
PARTICIPATING FLEET VESSEL. 
Sections 3511(b)(3) and 3515(c)(3) shall not apply to 
a former participating fleet vessel described in section 
3502(5)(A), during the 30-month period referred to in sec-
tion 3502(5)(B)(v) with respect to the vessel, if the Sec-
retary determines that the contractor for the vessel has en-
tered into an arrangement to obtain and operate under the 
operating agreement for the former participating fleet vessel 
a replacement vessel that, upon commencement of such oper-
ation, will be eligible to be included in the Fleet under sec-
tion 3511(b).
616
SEC. 3519. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated for payments 
under section 3515, to remain available until expended, 
$156,000,000 for each of fiscal years 2006 and 2007, and 
such sums as may be necessary for each fiscal year there-
after through fiscal year 2015. 
SEC. 3520. AMENDMENT TO SHIPPING ACT, 1916. 
Section 9 of the Shipping Act, 1916 (46 App. U.S.C. 
808) is amended by adding at the end the following: 
‘‘(e) Notwithstanding subsection (c)(2), the Merchant 
Marine Act, 1936, or any contract entered into with the 
Secretary of Transportation under that Act, a vessel may 
be placed under a foreign registry, without approval of the 
Secretary, if—
‘‘(1)(A) the Secretary, with the concurrence of 
the Secretary of Defense, determines that at least one 
replacement vessel of like capability and of a capacity 
that is equivalent or greater, as measured by dead-
weight tons, gross tons, or container equivalent units, 
as appropriate, is documented under chapter 121 of 
title 46, United States Code, by the owner of the vessel 
placed under the foreign registry; and 
‘‘(B) the replacement vessel is not more than 10 
years of age on the date of that documentation; and
617
‘‘(2) an operating agreement covering the vessel 
under the Maritime Security Act of 2003 has ex-
pired.’’.
SEC. 3521. REGULATIONS. 
(a) IN GENERAL.—The Secretary of Transportation 
and the Secretary of Defense may each prescribe rules as 
necessary to carry out this subtitle and the amendments 
made by this subtitle. 
(b) INTERIM RULES.—The Secretary of Transpor-
tation and the Secretary of Defense may each prescribe in-
terim rules necessary to carry out this subtitle and the 
amendments made by this subtitle. For this purpose, the 
Secretaries are excepted from compliance with the notice 
and comment requirements of section 553 of title 5, United 
States Code. All interim rules prescribed under the author-
ity of this subsection that are not earlier superseded by final 
rules shall expire no later than 270 days after the effective 
date of this subtitle. 
SEC. 3522. REPEALS AND CONFORMING AMENDMENTS. 
(a) REPEALS.—The following provisions are repealed: 
(1) Subtitle B of title VI of the Merchant Marine 
Act, 1936 (46 App. U.S.C. 1187 et seq.). 
(2) Section 804 of the Merchant Marine Act, 
1936 (46 App. U.S.C. 1222).
618
(b) CONFORMING AMENDMENT.—Section 12102(d)(4) 
of title 46, United States Code, is amended by inserting 
‘‘or section 3511(b) of the Maritime Security Act of 2003’’ 
after ‘‘Merchant Marine Act, 1936’’. 
SEC. 3523. EFFECTIVE DATES. 
(a) IN GENERAL.—Except as provided in subsections 
(b) and (c), this subtitle shall take effect October 1, 2004. 
(b) REPEALS AND CONFORMING AMENDMENTS.—Sec-
tion 3522 shall take effect October 1, 2005. 
(c) REGULATIONS.—Section 3521 and this section 
shall take effect on the date of the enactment of this Act.
Subtitle C—National Defense Tank 
Vessel Construction Assistance 
SEC. 3531. NATIONAL DEFENSE TANK VESSEL CONSTRUC-
TION PROGRAM. 
The Secretary of Transportation shall establish a pro-
gram for the provision of financial assistance for the con-
struction in the United States of a fleet of up to 5 privately 
owned product tank vessels—
(1) to be operated in commercial service in for-
eign commerce; 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 Sec-
619
retary of Defense pursuant to section 3533(e) of this 
subtitle. 
SEC. 3532. APPLICATION PROCEDURE. –
(a) REQUEST FOR PROPOSALS.—Within 90 days after 
the date of the enactment of this subtitle, and on an as-
needed basis thereafter, the Secretary, in consultation with 
the Secretary of Defense, shall publish in the Federal Reg-
ister a request for competitive proposals for the construction 
of new product tank vessels necessary to meet the commer-
cial 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 pro-
posal to the Secretary of Transportation for purposes of 
constructing a product tank vessel with assistance under 
this subtitle. 
(c) REQUIREMENT.—The Secretary, with the concur-
rence of the Secretary of Defense, may enter into an agree-
ment with the submitter of a proposal for assistance under 
this subtitle if the Secretary determines that—
(1) the plans and specifications call for construc-
tion of a new product tank vessel of not less than 
35,000 deadweight tons and not greater than 60,000 
deadweight tons, that—
620
(A) will meet the requirements of foreign 
commerce; 
(B) is capable of carrying militarily useful 
petroleum products, and will be suitable for na-
tional defense or military purposes in time of 
war, national emergency, or other military con-
tingency; 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 con-
structed has the necessary capacity and expertise to 
successfully construct 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 de-
livering a vessel or series of vessels on time and in ac-
cordance with the contract price and specifications; 
and 
(3) the person proposed to be the operator of the 
proposed vessel possesses the ability, experience, finan-
cial resources, and any other qualifications deter-
mined to be necessary by the Secretary for the oper-
ation and maintenance of the vessel.
621
(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 App. U.S.C. 802); and 
(2) may give priority to consideration of pro-
posals 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. 3533. AWARD OF ASSISTANCE. 
(a) IN GENERAL.—If after review of a proposal, the 
Secretary determines that the proposal fulfills the require-
ments 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 pro-
vide that the Secretary shall pay, subject to the availability 
of appropriations, up to 75 percent of the actual construc-
tion 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
622
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 ves-
sel 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
ENDORSE-
MENT.—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(e) of the Shipping Act, 1916, (46 App. 
U.S.C. 808(e)) 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 con-
tract shall enter into an Emergency Preparedness 
Agreement for the vessel under section 3516. 
(2) TREATMENT AS CONTRACTOR.—For purposes 
of the application, under paragraph (1), of section
623
3516 to a vessel constructed with assistance under 
this subtitle, the term ‘‘contractor’’ as used in section 
3516 means the person who will be the operator of a 
vessel constructed with assistance under this subtitle. 
(f) ADDITIONAL TERMS.—The Secretary shall incor-
porate in the contract the requirements set forth in this sub-
title, and may incorporate in the contract any additional 
terms the Secretary considers necessary. 
SEC. 3534. PRIORITY FOR TITLE XI ASSISTANCE. 
Section 1103 of the Merchant Marine Act, 1936 (46 
App. U.S.C. 1273) is amended by adding at the end the 
following: 
‘‘(i) PRIORITY.—In guaranteeing and entering com-
mitments to guarantee under this section, the Secretary 
shall give priority to guarantees and commitments for ves-
sels that are otherwise eligible for a guarantee under this 
section and that are constructed with assistance under sub-
title C of the Maritime Security Act of 2003.’’. 
SEC. 3535. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Sec-
retary to carry out this subtitle a total of $250,000,000 for 
fiscal years after fiscal year 2004.
624
Subtitle D—Maritime 
Administration Authorization 
SEC. 3541. AUTHORIZATION OF APPROPRIATIONS FOR MAR-
ITIME ADMINISTRATION FOR FISCAL YEAR 
2004. 
Funds are hereby authorized to be appropriated for fis-
cal year 2004, to be available without fiscal year limitation 
if so provided in appropriations Acts, for the use of the De-
partment of Transportation for the Maritime Administra-
tion as follows: 
(1) For expenses necessary for operations and 
training 
activities, 
$104,400,000, 
of 
which 
$13,000,000 is for capital improvements at the 
United States Merchant Marine Academy. 
(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.), $39,498,000, 
of which—
(A) $35,000,000 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 guaran-
tees under the program; and 
(B) $4,498,000 is for administrative ex-
penses related to loan guarantee commitments 
under the program.
625
(3) For expenses to dispose of obsolete vessels in 
the National Defense Reserve Fleet, $20,000,000.
SEC. 3542. AUTHORITY TO CONVEY VESSEL USS HOIST 
(ARS–40). 
(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 HOIST (ARS–40), to the Last Patrol Museum, 
located in Toledo, Ohio (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 avail-
able to the Government when the Secretary requires 
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 mu-
seum—
(A) the recipient will, at the discretion of 
the Secretary, reconvey the vessel to the Govern-
ment in good condition except for ordinary wear 
and tear; or
626
(B) if the Board of Trustees of the recipient 
has decided to dissolve the recipient according 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 per-
son that has been determined exempt from 
taxation under the provisions of section 
501(c)(3) of the Internal Revenue Code, or 
to the Federal Government or a State or 
local government for a public purpose; 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 organizations as 
the court shall determine are organized ex-
clusively for public purposes; 
(5) the recipient agrees to hold the Government 
harmless for any claims arising from exposure to as-
bestos, polychlorinated biphenyls, or lead paint after 
conveyance of the vessel, except for claims arising 
from use by the Government under paragraph (3) or 
(4); and 
(6) the recipient has available, for use to restore 
the vessel, in the form of cash, liquid assets, or a writ-
627
ten loan commitment, financial resources of at least 
$100,000. 
(b) DELIVERY OF VESSEL.—If a conveyance is made 
under this section, the Secretary shall deliver the vessel at 
the place where the vessel is located on the date of enactment 
of this Act, in its present condition, and without cost to 
the Government. 
(c) OTHER UNNEEDED EQUIPMENT.—The Secretary 
may also convey any unneeded equipment from other vessels 
in the National Defense Reserve Fleet in order to restore 
the USS HOIST (ARS–40) to museum quality. 
(d) RETENTION OF VESSEL IN NDRF.—
(1) IN GENERAL.—The Secretary shall retain in 
the National Defense Reserve Fleet the vessel author-
ized to be conveyed under subsection (a), until the 
earlier of—
(A) 2 years after the date of the enactment 
of this Act; or 
(B) the date of conveyance of the vessel 
under subsection (a). 
(2) LIMITATION.—Paragraph (1) does not re-
quire the Secretary to retain the vessel in the Na-
tional Defense Reserve Fleet if the Secretary deter-
mines that retention of the vessel in the fleet will pose 
an unacceptable risk to the marine environment.
628
Amend the title so as to read: ‘‘A bill to authorize 
appropriations for fiscal year 2004 for military activities 
of the Department of Defense, for military construction, 
and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for 
the Armed Forces, and for other purposes.’’.
Union Calendar No. 53
108TH CONGRESS 
1ST SESSION 
H. R. 1588
[Report No. 108–106] 
A BILL 
To authorize appropriations for fiscal year 2004 for 
military activities of the Department of Defense, 
to prescribe military personnel strengths for fis-
cal year 2004, and for other purposes. 
MAY 16, 2003
Reported with amendments, committed to the Committee 
of the Whole House on the State of the Union, and or-
dered to be printed