430
(C) Interim storage and final disposal of
high-level waste, spent nuclear fuel, transuranic
waste, and low-level waste.
(D) Closure and transfer of environmental
remediation sites.
(E) Achievements in innovation by contrac-
tors of the Department with respect to acceler-
ated risk reduction and cleanup.
(F) Consolidation of special nuclear mate-
rials and improvements in safeguards and secu-
rity.
(2) An assessment of the progress made in
streamlining risk reduction processes of the environ-
mental management program of the Department.
(3) An assessment of the progress made in im-
proving the responsiveness and effectiveness of the en-
vironmental management program of the Department.
(4) Any proposals for legislation that the Sec-
retary considers necessary to carry out such initia-
tives, including the justification for each such pro-
posal.
(c) INITIATIVES COVERED.—The environmental man-
agement initiatives referred to in subsection (a) are the ini-
tiatives arising out of the report titled ‘‘Top-to-Bottom Re-
view of the Environmental Management Program’’ and
431
dated February 4, 2002, with respect to the environmental
restoration and waste management activities of the Depart-
ment of Energy in carrying out programs necessary for na-
tional security.
(d) SUBMISSION OF REPORT.—On the date on which
the budget justification materials in support of the Depart-
ment of Energy budget for fiscal year 2004 (as submitted
with the budget of the President under section 1105(a) of
title 31, United States Code) are submitted to Congress, the
Secretary shall submit to the congressional defense commit-
tees the report required by subsection (a).
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY
BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
2003, $19,000,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic 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 2003, the National Defense Stockpile Manager may
432
obligate up to $76,400,000 of the funds in the National De-
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.
TITLE XXXIV—NAVAL
PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) AMOUNT.—There are hereby authorized to be ap-
propriated to the Secretary of Energy $21,069,000 for fiscal
year 2003 for the purpose of carrying out activities under
433
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.
TITLE XXXV—MARITIME
ADMINISTRATION
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FIS-
CAL YEAR 2003.
Funds are hereby authorized to be appropriated for fis-
cal year 2003, 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, $93,132,000.
(2) For expenses under the loan guarantee pro-
gram authorized by title XI of the Merchant Marine
Act, 1936 (46 App. U.S.C. 1271 et seq.), $54,126,000,
of which—
(A) $50,000,000 is for the cost (as defined
in section 502(5) of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661a(5))) of loan guaran-
tees under the program; and
434
(B) $4,126,000 is for administrative ex-
penses related to loan guarantee commitments
under the program.
(3) For expenses to dispose of obsolete vessels in
the National Defense Reserve Fleet, including provi-
sion of assistance under section 7 of Public Law 92–
402 (as amended by this title), $20,000,000.
SEC. 3502. AUTHORITY TO CONVEY VESSEL USS SPHINX
(ARL–24).
(a) IN GENERAL.—Notwithstanding any other law, the
Secretary of Transportation may convey the right, title,
and interest of the United States Government in and to the
vessel USS SPHINX (ARL–24), to the Dunkirk Historical
Lighthouse and Veterans Park Museum (a not-for-profit
corporation, in this section referred to as the ‘‘recipient’’)
for use as a military museum, if—
(1) the recipient agrees to use the vessel as a
nonprofit military museum;
(2) the vessel is not used for commercial trans-
portation purposes;
(3) the recipient agrees to make the vessel avail-
able to the Government when the Secretary requires
use of the vessel by the Government;
435
(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 Govern-
ment in good condition except for ordinary wear
and tear; or
(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;
436
(5) the recipient agrees to hold the Government
harmless for any claims arising from exposure to as-
bestos after conveyance of the vessel, except for claims
arising from use by the Government under paragraph
(3) or (4); and
(6) the recipient has available, for use to restore
the vessel, in the form of cash, liquid assets, or a writ-
ten loan commitment, financial resources of at least
$100,000.
(b) DELIVERY OF VESSEL.—If a conveyance is made
under this Act, the Secretary shall deliver the vessel at the
place where the vessel is located on the date of enactment
of this Act, in its present condition, without cost to the Gov-
ernment.
(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 SPHINX (ARL–24) to museum quality.
(d) RETENTION OF VESSEL IN NDRF.—The Secretary
shall retain in the National Defense Reserve Fleet the vessel
authorized to be conveyed under subsection (a), until the
earlier of—
(1) 2 years after the date of the enactment of this
Act; or
437
(2) the date of conveyance of the vessel under
subsection (a).
SEC. 3503. FINANCIAL ASSISTANCE TO STATES FOR PREPA-
RATION OF TRANSFERRED OBSOLETE SHIPS
FOR USE AS ARTIFICIAL REEFS.
(a) IN GENERAL.—Public Law 92–402 (16 U.S.C.
1220 et seq.) is amended by redesignating section 7 as sec-
tion 8, and by inserting after section 6 the following:
‘‘SEC. 7. FINANCIAL ASSISTANCE TO STATE TO PREPARE
TRANSFERRED SHIP.
‘‘(a) ASSISTANCE AUTHORIZED.—The Secretary, sub-
ject to the availability of appropriations, may provide, to
any State to which an obsolete ship is transferred under
this Act, financial assistance to prepare the ship for use
as an artificial reef, including for—
‘‘(1) environmental remediation;
‘‘(2) towing; and
‘‘(3) sinking.
‘‘(b) AMOUNT OF ASSISTANCE.—The Secretary shall
determine the amount of assistance under this section with
respect to an obsolete ship based on—
‘‘(1) the total amount available for providing as-
sistance under this section;
‘‘(2) the benefit achieved by providing assistance
for that ship; and
438
‘‘(3) the cost effectiveness of disposing of the ship
by transfer under this Act and provision of assistance
under this section, compared to other disposal options
for the vessel.
‘‘(c) TERMS AND CONDITIONS.—The Secretary—
‘‘(1) shall require a State seeking assistance
under this section to provide cost data and other in-
formation determined by the Secretary to be necessary
to justify and document the assistance; and
‘‘(2) may require a State receiving such assist-
ance to comply with terms and conditions necessary
to protect the environment and the interests of the
United States.’’.
(b) CONFORMING AMENDMENT.—Section 4(4) of such
Act (16 U.S.C. 1220a(4)) is amended by inserting ‘‘(except
for any financial assistance provided under section 7)’’
after ‘‘at no cost to the Government’’.
SEC. 3504. INDEPENDENT ANALYSIS OF TITLE XI INSUR-
ANCE GUARANTEE APPLICATIONS.
Section 1104A of the Merchant Marine Act, 1936 (46
App. U.S.C. 1274) is amended—
(1) by adding at the end of subsection (d) the fol-
lowing:
439
‘‘(4) The Secretary may obtain independent analysis
of an application for a guarantee or commitment to guar-
antee under this title.’’; and
(2) in subsection (f) by inserting ‘‘(including for
obtaining independent analysis under subsection
(d)(4))’’ after ‘‘applications for a guarantee’’.
Attest:
Clerk.
107TH CONGRESS
2D SESSION
H.R. 4546
HOUSE AMENDMENT TO
SENATE AMENDMENT