679
HR 1588 RDS 
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 capacity replaced. 
(g) REDELIVERY AND LIABILITY OF UNITED STATES 
FOR DAMAGES.—
(1) IN
GENERAL.—All commercial transpor-
tation resources activated under an Emergency Pre-
paredness Agreement shall, upon termination of the 
period of activation, be redelivered to the contractor 
in the same good order and condition as when re-
ceived, less ordinary wear and tear, or the Secretary 
of Defense shall fully compensate the contractor for 
any necessary 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 disrup-
tion of a contractor’s commercial business or other 
consequential damages to a contractor arising from 
activation of commercial transportation resources 
under an Emergency Preparedness Agreement. 
SEC. 3517. REGULATORY RELIEF. 
(a) OPERATION IN FOREIGN COMMERCE.—A con-
tractor for a vessel included in an operating agreement
680
HR 1588 RDS 
under this subtitle may operate the vessel in the foreign 
commerce of the United States without restriction. 
(b) OTHER RESTRICTIONS.—The restrictions of sec-
tion 901(b)(1) of the Merchant Marine Act, 1936 (46 
App. U.S.C. 1241(b)(1)) concerning the building, rebuild-
ing, or documentation of a vessel in a foreign country shall 
not apply to a vessel for any day the operator of that ves-
sel is receiving payments for operation of that vessel under 
an operating agreement under this subtitle. 
(c) TELECOMMUNICATIONS EQUIPMENT.—The tele-
communications and other electronic equipment on an ex-
isting vessel that is redocumented under the laws of the 
United States for operation under an operating agreement 
under this subtitle shall be deemed to satisfy all Federal 
Communications Commission equipment certification re-
quirements, if—
(1) such equipment complies with all applicable 
international agreements and associated guidelines 
as determined by the country in which the vessel 
was documented immediately before becoming docu-
mented under the laws of the United States; 
(2) that country has not been identified by the 
Secretary as inadequately enforcing international 
regulations as to that vessel; and
681
HR 1588 RDS 
(3) at the end of its useful life, such equipment 
will be replaced with equipment that meets Federal 
Communications Commission equipment certification 
standards. 
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 
section 3502(5)(B)(v) with respect to the vessel, if the 
Secretary determines that the contractor for the vessel has 
entered 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 operation, will be eligible to be included in the Fleet 
under section 3511(b).
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 redesignating the second subsection
682
HR 1588 RDS 
(e) as subsection (f), and by adding at the end the fol-
lowing: 
‘‘(g) 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 ca-
pacity that is equivalent or greater, as measured by 
deadweight 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 
‘‘(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
683
HR 1588 RDS 
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 
interim 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 
authority 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 Ma-
rine 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). 
(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.
684
HR 1588 RDS 
(b) REPEALS
AND CONFORMING AMENDMENTS.—
Section 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 
program for the provision of financial assistance for the 
construction in the United States of a fleet of up to 5 
privately owned product tank vessels—
(1) to be operated in commercial service in 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-
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 consulta-
tion with the Secretary of Defense, shall publish in the 
Federal Register a request for competitive proposals for
685
HR 1588 RDS 
the construction of new product tank vessels necessary to 
meet the commercial and national security needs of the 
United States and to be built with assistance under this 
subtitle. 
(b) QUALIFICATION.—Any citizen of the United 
States or any shipyard in the United States may submit 
a proposal to the 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 
agreement with the submitter of a proposal for assistance 
under this subtitle if the Secretary determines that—
(1) the plans and specifications call for con-
struction of a new product tank vessel of not less 
than 35,000 deadweight tons and not greater than 
60,000 deadweight tons, that—
(A) will meet the requirements of foreign 
commerce; 
(B) is capable of carrying militarily useful 
petroleum products, and will be suitable for na-
tional defense or military purposes in time of 
war, national emergency, or other military con-
tingency; and
686
HR 1588 RDS 
(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 Transpor-
tation, taking into consideration the recent prior 
commercial shipbuilding history of the proposed 
shipyard in delivering a vessel or series of vessels on 
time and in accordance with the contract price and 
specifications; and 
(3) the person proposed to be the operator of 
the proposed vessel possesses the ability, experience, 
financial resources, and any other qualifications de-
termined to be necessary by the Secretary for the 
operation and maintenance of the vessel. 
(d) PRIORITY.—The Secretary—
(1) subject to paragraph (2), shall give priority 
consideration to a proposal submitted by a person 
that is a citizen of the United States under section 
2 of the Shipping Act, 1916 (46 App. U.S.C. 802); 
and
687
HR 1588 RDS 
(2) may give priority to consideration of pro-
posals that provide the best value to the Govern-
ment, 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 
provide that the Secretary shall pay, subject to the avail-
ability of appropriations, up to 75 percent of the actual 
construction cost of the vessel, but in no case more than 
$50,000,000 per vessel. 
(c) CONSTRUCTION IN UNITED STATES.—A contract 
under this section shall require that construction of a ves-
sel 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
688
HR 1588 RDS 
of a vessel constructed with assistance under the 
contract, the vessel shall be documented under chap-
ter 121 of title 46, United States Code with a reg-
istry 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
APPLICA-
BLE.—Section 9(g) of the Shipping Act, 1916, (46 
App. U.S.C. 808(g)) shall not apply to a vessel con-
structed with assistance under this subtitle.
(e) EMERGENCY PREPAREDNESS AGREEMENT.—
(1) IN GENERAL.—A contract under this sec-
tion shall require that the person who will be the op-
erator of a vessel constructed with assistance under 
the contract shall enter into an Emergency Pre-
paredness Agreement for the vessel under section 
3516. 
(2) TREATMENT
AS
CONTRACTOR.—For pur-
poses of the application, under paragraph (1), of 
section 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 oper-
689
HR 1588 RDS 
ator 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 
subtitle, and may incorporate in the contract any addi-
tional 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 
subtitle 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.
690
HR 1588 RDS 
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 
fiscal year 2004, to be available without fiscal year limita-
tion if so provided in appropriations Acts, for the use of 
the Department of Transportation for the Maritime Ad-
ministration as follows: 
(1) For expenses necessary for operations and 
training 
activities, 
$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 guar-
antees under the program; and 
(B) $4,498,000 is for administrative ex-
penses related to loan guarantee commitments 
under the program.
691
HR 1588 RDS 
(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 corpora-
tion, in this section referred to as the ‘‘recipient’’), for 
use as a military museum, if—
(1) the recipient agrees to use the vessel as a 
nonprofit military museum; 
(2) the vessel is not used for commercial trans-
portation purposes; 
(3) the recipient agrees to make the vessel 
available to the Government when the Secretary re-
quires use of the vessel by the Government; 
(4) the recipient agrees that when the recipient 
no longer requires the vessel for use as a military 
museum—
(A) the recipient will, at the discretion of 
the Secretary, reconvey the vessel to the Gov-
ernment in good condition except for ordinary 
wear and tear; or
692
HR 1588 RDS 
(B) if the Board of Trustees of the recipi-
ent has decided to dissolve the recipient accord-
ing to the laws of the State of New York, 
then—
(i) the recipient shall distribute the 
vessel, as an asset of the recipient, to a 
person that has been determined exempt 
from taxation under the provisions of sec-
tion 501(c)(3) of the Internal Revenue 
Code, or to the Federal Government or a 
State or local government for a public pur-
pose; and 
(ii) the vessel shall be disposed of by 
a court of competent jurisdiction of the 
county in which the principal office of the 
recipient is located, for such purposes as 
the court shall determine, or to such orga-
nizations as the court shall determine are 
organized exclusively for public purposes; 
(5) the recipient agrees to hold the Government 
harmless for any claims arising from exposure to as-
bestos, 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
693
HR 1588 RDS 
(6) the recipient has available, for use to re-
store the vessel, in the form of cash, liquid assets, 
or a written loan commitment, financial resources of 
at least $100,000. 
(b) DELIVERY OF VESSEL.—If a conveyance is made 
under this section, the Secretary shall deliver the vessel 
at the place where the vessel is located on the date of en-
actment 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 ves-
sels in the National Defense Reserve Fleet in order to re-
store 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 au-
thorized 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-
694
HR 1588 RDS 
mines that retention of the vessel in the fleet will 
pose an unacceptable risk to the marine environ-
ment. 
SEC. 3543. AUTHORITY TO CONVEY NDRF VESSELS AND 
VESSEL CONTENTS. 
(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 any or all of the vessels USS ORION (AS–18), USS 
HOWARD W. GILMORE (AS–16), USS SPERRY (AS–
12), USS NEREUS (AS–17), USS PROTEUS (XAS–
19), and S.S. HATTIESBURG VICTORY (number 
248651), a barge and its inventoried contents (YFNB 4, 
also known as SSE–512), and the contents (Victory class 
spares) that have been removed from the S.S. CATAWBA 
VICTORY, to Beauchamp Tower Corporation (a not-for-
profit corporation, in this section referred to as the ‘‘re-
cipient’’) for use as moored support ships for the corpora-
tion and as memorials to the Fulton class ships and the 
Victory class ships, if—
(1) the vessel is not used for commercial trans-
portation purposes; 
(2) the recipient agrees to make the vessel 
available to the Government when the Secretary re-
quires use of the vessel by the Government;
695
HR 1588 RDS 
(3) the recipient agrees that when the recipient 
no longer requires the vessel for use as a moored 
support ship for the corporation and as a memorial 
to the Fulton class ships and the Victory class 
ships—
(A) the recipient shall, at the discretion of 
the Secretary, reconvey the vessel to the Gov-
ernment in good condition except for ordinary 
wear and tear; or 
(B) if the Board of Trustees of the recipi-
ent has decided to dissolve the recipient accord-
ing to the laws of the State of Florida, then—
(i) the recipient shall distribute the 
vessel, as an asset of the recipient, to a 
person that has been determined exempt 
from taxation under section 501(c)(3) of 
the Internal Revenue Code, or to the Fed-
eral Government or a State or local gov-
ernment 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 orga-
696
HR 1588 RDS 
nizations as the court shall determine are 
organized exclusively for public purposes; 
(4) the recipient agrees to hold the Government 
harmless for any claims arising from exposure to as-
bestos after conveyance of the vessel, except for 
claims arising from use by the Government under 
paragraph (2) or (3); and 
(5) the recipient has available, for use to re-
store the vessel, in the form of cash, liquid assets, 
a written loan commitment, or financial resources—
(A) except as provided in subparagraph 
(B), of at least $1,500,000 for each vessel con-
veyed; and 
(B) at least $50,000 for each barge with 
contents conveyed. 
(b) DELIVERY OF VESSEL.—If a conveyance of a ves-
sel is made under this section, the Secretary shall deliver 
the vessel at the place where the vessel is located on the 
date of the enactment of this Act, in its present condition, 
without cost to the Government. 
(c) MANAGEMENT OF VESSELS PENDING CONVEY-
ANCE.—
(1) 2-YEAR HOLDING PERIOD.—The Secretary 
shall remove all vessels authorized to be conveyed
697
HR 1588 RDS 
under this section from the scrapping disposal list 
for a period of 2 years. 
(2) DISPOSAL AT END OF HOLDING PERIOD.—
If a vessel has not been received and transported 
from its conveyance location by the recipient before 
the end of such 2-year period, the Secretary may 
dispose of the vessel as the Secretary determines to 
be appropriate. 
(3) DISPOSAL DURING HOLDING PERIOD.—Not-
withstanding paragraph (1), the Secretary may dis-
pose of a vessel authorized to be conveyed under this 
section during the 2-year period provided for in 
paragraph (1), if it is determined that the vessel is 
in danger of sinking or presents an immediate crit-
ical hazard to the National Defense Reserve Fleet or 
environmental safety. 
(d) OTHER UNNEEDED EQUIPMENT.—The Secretary 
may convey to the recipient any unneeded equipment, ma-
terials, and spares from other vessels or in storage with 
the Maritime Administration and the National Defense 
Reserve Fleet, for the recipient’s use, including the res-
toration and refit of the vessels conveyed under this sec-
tion and to assist other vessel museums. 
(e) RETENTION OF VESSEL IN NDRF.—The Sec-
retary shall retain in the National Defense Reserve Fleet
698
HR 1588 RDS 
each vessel authorized to be conveyed under subsection 
(a), until the earlier of—
(1) 2 years after the date of the enactment of 
this Act; or 
(2) the date of conveyance of the vessel under 
subsection (a). 
TITLE XXXVI—NUCLEAR 
SECURITY INITIATIVE 
SEC. 3601. SHORT TITLE. 
This title may be cited as the ‘‘Nuclear Security Ini-
tiative Act of 2003’’. 
Subtitle A—Nonproliferation 
Program Enhancements 
SEC. 3611. ESTABLISHMENT OF INTERNATIONAL NUCLEAR 
MATERIALS PROTECTION AND COOPERATION 
PROGRAM IN DEPARTMENT OF STATE. 
(a) POLICY WITH RESPECT
TO FORMER SOVIET 
UNION.—It is the policy of the United States to seek to 
cooperate with the Russian Federation and each other 
independent state of the former Soviet Union to effect as 
quickly as is reasonably practical basic security measures 
(such as the replacement of doors, the bricking of or place-
ment of bars in windows, the clearing of underbrush from 
facility perimeters, and the erection of fences) at each fa-
cility in the Russian Federation and each such state that
699
HR 1588 RDS 
is used for storing nuclear weapons or nuclear materials 
and is not yet protected by such measures. 
(b) POLICY WORLDWIDE.—It is the policy of the 
United States to seek to cooperate with all appropriate 
nations—
(1) to attempt to ensure that all nuclear weap-
ons and nuclear materials worldwide are secure and 
accounted for according to stringent standards; and 
(2) to minimize the number of facilities world-
wide at which separated plutonium and highly en-
riched uranium are present, so as to achieve the 
highest and most sustainable levels of security for 
such facilities in the most cost-effective manner. 
(c) EXPANSION OF PROGRAM TO ADDITIONAL COUN-
TRIES AUTHORIZED.—(1) The Secretary of State may es-
tablish an international nuclear materials protection and 
cooperation program with respect to countries other than 
the Russian Federation and the other independent states 
of the former Soviet Union. 
(2) In carrying out such program, the Secretary of 
State may provide such funds as are needed to remove 
nuclear materials from potentially vulnerable facilities, in-
cluding funds to cover the costs of—
(A) transporting such materials from those fa-
cilities to secure facilities;
700
HR 1588 RDS 
(B) purchasing such materials; 
(C) converting those facilities to a use that no 
longer requires nuclear materials; and 
(D) providing incentives to facilitate the re-
moval of such materials from such facilities. 
(3)(A) The Secretary of Energy may provide tech-
nical assistance to the Secretary of State in the efforts 
of the Secretary of State, in carrying out the program, 
to assist such countries to review and improve their secu-
rity programs with respect to nuclear weapons and nuclear 
materials. 
(B) The technical assistance provided under subpara-
graph (A) may, where consistent with the treaty obliga-
tions of the United States, include the sharing of tech-
nology or methodologies to the countries referred to in 
that subparagraph. Any such sharing shall take into ac-
count the sovereignty of the country concerned and the 
nuclear weapons programs of such country, as well as the 
sensitivity of any information involved regarding United 
States nuclear weapons or nuclear weapons systems. 
(C) The Secretary of State may include the Russian 
Federation in activities under this paragraph if the Sec-
retary determines that the experience of the Russian Fed-
eration under the International Nuclear Materials Protec-
tion and Cooperation program of the Department of En-
701
HR 1588 RDS 
ergy would make the participation of the Russian Federa-
tion in those activities useful in providing technical assist-
ance under subparagraph (A). 
Subtitle 
B—Administration 
and 
Oversight of Threat Reduction 
and Nonproliferation Programs 
SEC. 3621. ANALYSIS OF EFFECT ON THREAT REDUCTION 
AND 
NONPROLIFERATION 
PROGRAMS 
OF 
CONGRESSIONAL 
OVERSIGHT 
MEASURES 
WITH RESPECT TO SUCH PROGRAMS. 
(a) ANALYSIS OF AND REPORT ON CONGRESSIONAL 
OVERSIGHT MEASURES.—(1) The National Academy of 
Sciences shall carry out an analysis of the effect on threat 
reduction and nonproliferation programs of applicable con-
gressional oversight measures. The analysis shall take into 
account—
(A) the national security interests of the United 
States; 
(B) the need for accountability in the expendi-
ture of funds by the United States; 
(C) the effect of such congressional oversight 
measures on the continuity and effectiveness of such 
programs; and 
(D) the oversight responsibilities of Congress 
with respect to such programs.
702
HR 1588 RDS 
(2) In carrying out the analysis, the National Acad-
emy of Sciences shall consult with the chairs and ranking 
minority members of the Committees on Armed Services 
of the Senate and the House of Representatives. 
(b) REPORT.—Not later than November 1, 2004, the 
National Academy of Sciences shall submit to Congress 
a report on the analysis required by subsection (a). The 
report shall—
(1) identify, and describe the purpose of, each 
congressional oversight measure; and 
(2) set forth such recommendations as the Na-
tional Academy of Sciences considers appropriate as 
to whether the measure should be retained, amend-
ed, or repealed, together with the reasoning under-
lying that determination. 
(c) DEFINITIONS.—In this section: 
(1) the term ‘‘congressional oversight measure’’ 
means—
(A) the restrictions in subsection (d) of 
section 1203 of the Cooperative Threat Reduc-
tion Act of 1993 (22 U.S.C. 5952); 
(B) the eligibility requirements in para-
graphs (1) through (4) of section 502 of the 
FREEDOM Support Act (22 U.S.C. 5852);
703
HR 1588 RDS 
(C) the prohibition in section 1305 of the 
National Defense Authorization Act for Fiscal 
Year 2000 (Public Law 106–65; 113 Stat. 512; 
22 U.S.C. 5952 note); and 
(D) any restriction or prohibition on the 
use of funds otherwise available for threat re-
duction and nonproliferation programs that ap-
plies absent the submission to Congress (or any 
one or more officers or committees of Congress) 
of a report, certification, or other matter. 
(2) The term ‘‘threat reduction and non-
proliferation programs’’ means—
(A) the programs specified in section 
1501(b) of the National Defense Authorization 
Act for Fiscal Year 1997 (Public Law 104–201; 
110 Stat. 2731; 50 U.S.C. 2362 note); and 
(B) any programs for which funds are 
made available under the defense nuclear non-
proliferation account of the Department of En-
ergy.