551
of Defense in November 1990 based upon rec-
ommendations of the Chairman of the Joint Chiefs
of Staff and as incorporated in the President’s budg-
et for fiscal year 1992, as submitted to Congress in
February 1991 and that assumed the following force
structure:
‘‘(A) For the Department of Defense,
1,600,000 members of the Armed Forces on ac-
tive duty and 900,000 members in an active
status in the reserve components.
‘‘(B) For the Army, 12 active divisions, six
National Guard divisions, and two cadre divi-
sions or their equivalents.
‘‘(C) For the Navy, 12 aircraft carrier bat-
tle groups or their equivalents and 451 naval
vessels, including 85 attack submarines.
‘‘(D) For the Marine Corps, three active
and one Reserve divisions and three active and
one Reserve air wings.
‘‘(E) For the Air Force, 15 active fighter
wings and 11 National Guard fighter wings or
their equivalents.’’.
(b) PREPARATION OF LIST OF MILITARY INSTALLA-
TIONS
EXCLUDED
FROM
CONSIDERATION
IN
2005
ROUND.—Section 2913 of the Defense Base Closure and
552
Realignment Act of 1990 (part A of title XXIX of Public
Law 101–510; 10 U.S.C. 2687 note), as added by section
3002 of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107–107; 115 Stat. 1344), is
amended by adding at the end the following new sub-
sections:
‘‘(g) BASE EXCLUSION CRITERIA.—In preparing the
selection criteria required by this section that will be used
in making recommendations for the closure or realignment
of military installations inside the United States, the Sec-
retary shall ensure that the final criteria reflect the re-
quirement to develop a list of those military installations
to be excluded from the base closure and realignment
process, as provided in subsection (h).
‘‘(h) LIST
OF INSTALLATIONS EXCLUDED FROM
CONSIDERATION FOR CLOSURE OR REALIGNMENT.—(1)
Before preparing the list required by section 2914(a) of
the military installations inside the United States that the
Secretary recommends for closure or realignment, the Sec-
retary shall prepare a list of core military installations
that the Secretary considers absolutely essential to the na-
tional defense and that should not be considered for clo-
sure.
‘‘(2) Not later than April 1, 2005, the Secretary shall
submit to the congressional defense committees, publish
553
in the Federal Register, and send to the Commission the
list required by paragraph (1). The list shall contain at
least 50 percent of the total number of military installa-
tions located inside the United States as of the date of
the enactment of the National Defense Authorization Act
for Fiscal Year 2004.
‘‘(3) The Commission shall consider the list based on
the final criteria developed under subsection (e). The Com-
mission may modify this list, in the manner provided in
section 2903(d) and section 2914(d), if the Commission
finds that the inclusion of a military installation on the
list substantially violates the criteria. The Commission
shall forward to the President, not later than April 30,
2005, a report containing its recommendations regarding
the list, which must comply with the percentages specified
in paragraph (2). The Comptroller General shall also com-
ply with section 2903(d)(5) by that date.
‘‘(4) If the Commission submits a report to the Presi-
dent under paragraph (3), the President shall notify Con-
gress, not later than May 10, 2005, regarding whether the
President approves or disapproves the report. If the Presi-
dent disapproves the report, the Commission shall be dis-
solved, and the process by which military installations may
be selected for closure or realignment under this part in
2005 shall be terminated.
554
‘‘(5) A military installation included on the exclusion
list approved under this subsection may not be included
on the closure and realignment list prepared under section
2914(a) or otherwise considered for closure or realignment
as part of the base closure process in 2005.’’.
SEC. 2843. USE OF FORCE-STRUCTURE PLAN FOR THE
ARMED FORCES IN PREPARATION OF SELEC-
TION CRITERIA FOR BASE CLOSURE ROUND.
Section 2913(a) of the Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of Public
Law 101–510; 10 U.S.C. 2687 note), as added by section
3002 of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107–107; 115 Stat. 1344), is
amended by adding at the end the following new para-
graph:
‘‘(3) USE
OF
FORCE-STRUCTURE
PLAN.—In
preparing the proposed and final criteria to be used
by the Secretary in making recommendations under
section 2914 for the closure or realignment of mili-
tary installations inside the United States, the Sec-
retary shall use the force-structure plan for the
Armed Forces prepared under section 2912(a).’’.
555
SEC. 2844. REQUIREMENT FOR UNANIMOUS VOTE OF DE-
FENSE BASE CLOSURE AND REALIGNMENT
COMMISSION TO RECOMMEND CLOSURE OF
MILITARY 
INSTALLATION 
NOT 
REC-
OMMENDED FOR CLOSURE BY SECRETARY
OF DEFENSE.
Section 2914(d) of the Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of Public
Law 101–510; 10 U.S.C. 2687 note), as added by section
3003 of the Military Construction Authorization Act for
Fiscal Year 2002 (division B of Public Law 107–107; 155
Stat, 1346) and amended by section 2854 of the Bob
Stump National Defense Authorization Act for Fiscal
Year 2003 (Public Law 107–314; 116 Stat. 2728), is
amended—
(1) in paragraph (3), by striking ‘‘TO ADD’’ and
inserting ‘‘TO CONSIDER ADDITIONS’’; and
(2) in paragraph (5)—
(A) by inserting ‘‘AND UNANIMOUS VOTE’’
after ‘‘SITE VISIT’’; and
(B) by inserting before the period at the
end the following: ‘‘and the decision of the
Commission to recommend the closure of the
installation is unanimous’’.
556
SEC. 
2845. 
CONSIDERATION 
OF 
PUBLIC-ACCESS-ROAD
ISSUES RELATED TO DISPOSAL OF PROP-
ERTY AT MILITARY INSTALLATIONS UNDER
BASE CLOSURE PROCESS.
(a) 1988 LAW.—Section 204(b)(2)(E) of the Defense
Authorization Amendments and Base Closure and Re-
alignment Act (Public Law 100–526; 10 U.S.C. 2687
note) is amended by adding at the end the following new
sentence: ‘‘If a military installation to be closed or placed
in an inactive status under this title includes a road used
for public access through, into, or around the installation,
the consultation required by this subparagraph shall in-
clude a discussion of measures to ensure the continued
availability of the road for public use after the installation
is closed or placed in an inactive status.’’.
(b) 1990 LAW.—Section 2905(b)(2)(D) of the De-
fense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101–510; 10 U.S.C. 2687
note) is amended by adding at the end the following new
sentence: ‘‘If a military installation to be closed or placed
in an inactive status under this part includes a road used
for public access through, into, or around the installation,
the consultation required by this subparagraph shall in-
clude a discussion of measures to ensure the continued
availability of the road for public use after the installation
is closed or placed in an inactive status.’’.
557
DIVISION C—DEPARTMENT OF
ENERGY NATIONAL SECURITY
AUTHORIZATIONS 
AND
OTHER AUTHORIZATIONS
TITLE 
XXXI—DEPARTMENT 
OF
ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security
Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA-
TION.
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds
are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2004 for the activities of
the National Nuclear Security Administration in carrying
out programs necessary for national security in the
amount of $8,822,075,000, to be allocated as follows:
(1) For weapons activities, $6,393,000,000.
(2) For defense nuclear nonproliferation activi-
ties, $1,312,695,000.
(3) For naval reactors, $768,400,000.
(4) For the Office of the Administrator for Nu-
clear Security, $347,980,000.
(b) AUTHORIZATION OF NEW PLANT PROJECTS.—
From funds referred to in subsection (a) that are available
559
Project 04–D–128, TA–18 Mission relocation
project, Los Alamos National Laboratory, Los Ala-
mos, New Mexico, $8,820,000.
Project 04–D–203, facilities and infrastructure
recapitalization program, project engineering and de-
sign, various locations, $3,719,000.
SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds
are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2004 for environmental
management activities in carrying out programs necessary
for national security in the amount of $6,819,314,000, to
be allocated as follows:
(1) For defense site acceleration completion,
$5,824,135,000.
(2) 
For 
defense 
environmental 
services,
$995,179,000.
(b) AUTHORIZATION OF NEW PLANT PROJECTS.—
From funds referred to in subsection (a) that are available
for carrying out plant projects, the Secretary of Energy
may carry out, for defense site acceleration completion,
the following new plant projects:
Project 04–D–408, glass waste storage building
#2, Savannah River Site, Aiken, South Carolina,
$20,259,000.
560
Project 04–D–414, project engineering and de-
sign, various locations, $23,500,000.
Project 04–D–423, 3013 container surveillance
capability in 235-F, Savannah River Site, Aiken,
South Carolina, $1,134,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 2004 for other
defense activities in carrying out programs necessary for
national security in the amount of $497,331,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 2004 for defense
nuclear waste disposal for payment to the Nuclear Waste
Fund established in section 302(c) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount
of $430,000,000.
SEC. 3105. ENERGY SUPPLY.
Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 2004 for energy
supply activities in carrying out programs necessary for
national security in the amount of $110,473,000.
561
Subtitle 
B—Program 
Authoriza-
tions, Restrictions, and Limita-
tions
SEC. 3111. MODIFICATION OF PROHIBITION RELATING TO
LOW-YIELD NUCLEAR WEAPONS.
Section 3136 of the National Defense Authorization
Act for Fiscal Year 1994 (42 U.S.C. 2121 note) is
amended—
(1) in the section heading, by striking ‘‘RE-
SEARCH
AND
DEVELOPMENT’’ and inserting
‘‘DEVELOPMENT AND PRODUCTION’’;
(2) in subsection (a), by striking ‘‘conduct re-
search and development which could lead to the pro-
duction by the United States of’’ and insert ‘‘develop
or produce’’;
(3) in subsection (b)—
(A) by striking ‘‘conduct, or provide for
the conduct of, research and development which
could lead to the production by the United
States of’’ and insert ‘‘develop, produce, or pro-
vide for the development or production of,’’; and
(B) by striking ‘‘the date of the enactment
of this Act,’’ and inserting ‘‘November 30,
1993,’’;
(4) in subsection (c)—
562
(A) by striking ‘‘RESEARCH AND’’ in the
subsection heading;
(B) by striking ‘‘research and’’ in the mat-
ter preceding paragraph (1); and
(C) by inserting ‘‘, including assessment of
low-yield nuclear weapons development by other
nations that may pose a national security risk
to the United States’’ before the period at the
end of paragraph (3);
(5) by redesignating subsection (d) as sub-
section (e); and
(6) by inserting after subsection (c) the fol-
lowing new subsection (d):
‘‘(d) EFFECT ON STUDIES AND DESIGN WORK.—
Nothing in this section shall prohibit the Secretary of En-
ergy from conducting, or providing for the conduct of, con-
cept definition studies, feasibility studies, or detailed engi-
neering design work.’’.
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 amend-
ed by adding at the end the following new subsection:
563
‘‘(g) TERMINATION OF ANNUAL UPDATES.—Effec-
tive December 31, 2004, the requirements of subsections
(c), (d), (e), and (f) shall terminate.’’.
SEC. 3113. EXTENSION TO ALL DOE FACILITIES OF AU-
THORITY TO PROHIBIT DISSEMINATION OF
CERTAIN 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 fa-
cilities, or any other facilities at which activities re-
lating to nuclear weapons or nuclear materials are
carried out, that are under the control or jurisdic-
tion of the Secretary of Energy’’; and
(3) in subparagraph (B), by striking ‘‘produc-
tion or utilization facilities’’ and inserting ‘‘such fa-
cilities’’.
564
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
ENERGY 
MANAGEMENT 
AND 
OPERATING
CONTRACTORS.
An officer or employee of a management and oper-
ating contractor of the Department of Energy, when serv-
ing as a member of a group reviewing or advising on mat-
ters related to any one or more management and operating
contracts of the Department, shall be treated as an officer
or employee of the Department for purposes of deter-
mining whether the group is an advisory committee within
the meaning of section 3 of the Federal Advisory Com-
mittee Act (5 U.S.C. App.).
SEC. 3115. AVAILABILITY OF FUNDS.
Section 3628 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107–
314; 116 Stat. 2760; 42 U.S.C. 7386h) is amended to
read as follows:
‘‘SEC. 3628. AVAILABILITY OF FUNDS.
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), amounts appropriated pursuant to a DOE national
security authorization for a fiscal year—
‘‘(1) shall remain available to be expended only
in that fiscal year and the two succeeding fiscal
565
years, in the case of amounts for the National Nu-
clear 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 avail-
able to the Secretary of Energy for fiscal year 2004 for
the Nuclear Test Readiness program of the Department
of Energy may be obligated until—
(1) the Secretary of Energy submits to the
Committees on Armed Services of the Senate and
the House of Representatives the report required by
section 3142(c) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law
107–314; 116 Stat. 2733), relating to plans for
achieving enhanced readiness postures for resump-
tion by the United States of underground nuclear
weapons tests; and
566
(2) a period of 30 days has passed after the
date on which such report is received by those com-
mittees.
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 En-
ergy shall appoint a United States Federal Government
employee 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
manager appointed under subsection (a) shall—
(1) develop, in cooperation with representatives
from governments of countries participating in the
project, a list of those steps or activities critical to
achieving the project’s disarmament or nonprolifera-
tion goals;
567
(2) establish a schedule for completing those
steps or activities;
(3) meet with all participants to seek assur-
ances that those steps or activities are being com-
pleted 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 re-
ferred to in subsection (c)(1) are those activities that, if
not completed, will prevent a project from achieving its
disarmament or nonproliferation goals, including, at a
minimum, the following:
(1) Identification and acquisition of permits (as
defined in subsection (f)).
(2) Verification that the items, substances, or
capabilities to be dismantled, secured, or otherwise
modified are available for dismantlement, securing,
or modification.
(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
568
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
‘‘permit’’ means any local or national permit for develop-
ment, general construction, environmental, land use, or
other purposes 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 amend-
ment but with technical and conforming amend-
ments of a non-substantive nature, recurring and
general provisions of law on Department of Energy
national security programs that remain in force in
order to consolidate and organize such provisions of
569
law into a single Act intended to comprise general
provisions of law on such programs.
(2) 
CONSTRUCTION
OF
TRANSFERS.—The
transfer of a provision of law by this section shall
not be construed as amending, altering, or otherwise
modifying 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 satis-
fied, and shall not be treated as being revived solely
by reason of transfer under this section.
(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.
570
(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 Author-
ization Act for Fiscal Year 2003, as added by
subsection (b); and
(D) amended by striking ‘‘title’’ and in-
serting ‘‘division’’.
(2) DEFINITION.—Division D of the Bob
Stump National Defense Authorization Act for Fis-
cal Year 2003, as amended by this section, is fur-
ther amended by adding at the end the following
new section:
572
(i) by striking the section heading and
inserting the following new section head-
ing:
‘‘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
(Public Law 104–201; 110 Stat. 2833) is—
(A) transferred to title XLI 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 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
REQUIRE-
MENTS FOR CERTAIN ACTIVITIES AND FACILITIES.—
Section 210 of the Department of Energy National
Security and Military Applications of Nuclear En-
573
ergy Authorization 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 Authoriza-
tion 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 head-
ing:
‘‘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
Energy National Security and Military Ap-
plications of Nuclear Energy Authorization
Act of 1981 (Public Law 96–540) or any
other Act’’.
(e) NUCLEAR WEAPONS STOCKPILE MATTERS.—
(1) HEADINGS.—Division D of the Bob Stump
National Defense Authorization Act for Fiscal Year
574
2003, as amended by this section, is further amend-
ed 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 (Public 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
paragraph (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—
(A) transferred to title XLII of division D
of the Bob Stump National Defense Authoriza-
575
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
STOCK-
PILE.—Section 3151 of the National Defense Au-
thorization 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), as amended by section 3112, 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;
576
(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
RE-
GARDING STOCKPILE.—Section 3194 of the Floyd D.
Spence National Defense Authorization Act for Fis-
577
cal 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
PRO-
GRAM.—Section 1436 of the National Defense Au-
thorization 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
adding 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
578
104–106; 110 Stat. 623), as amended by section
3192 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–
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
579
Act, 1993 (Public Law 102–337; 106 Stat. 1345)
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) 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;
580
(C) inserted after section 4210, as added
by paragraph (11); and
(D) amended—
(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
581
(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)’’.
(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
Authorization Act for Fiscal Year 1998 (Public Law
105–85; 111 Stat. 1954) and section 3163 of the
National 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:
582
‘‘Subtitle B—Tritium’’.
(16) TRITIUM PRODUCTION PROGRAM.—Section
3133 of the National Defense Authorization Act for
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—
583
(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 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
584
(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 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-
585
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.—
(1) TITLE HEADING.—Division D of the Bob
Stump National Defense Authorization Act for Fis-
cal Year 2003, as amended by this section, is fur-
ther 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 De-
fense Authorization Act for Fiscal Year 1998 (Pub-
lic 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
paragraph (1);
586
(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)’’.
(3) NONPROLIFERATION INITIATIVES AND AC-
TIVITIES.—Section 3136 of the National Defense
Authorization 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.—Sec-
tion 3171 of the Floyd D. Spence National Defense
587
Authorization 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;
(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 Au-
thorization 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
588
(C) inserted after section 4303, as added
by paragraph (4).
(6) PROGRAMS ON FISSILE MATERIALS.—Sec-
tion 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 Fis-
cal Year 2003 (Public Law 107–314; 116 Stat.
2738), 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 4305; and
(C) inserted after section 4304, as added
by paragraph (5).
(g) ENVIRONMENTAL RESTORATION
AND WASTE
MANAGEMENT MATTERS.—
(1) HEADINGS.—Division D of the Bob Stump
National Defense Authorization Act for Fiscal Year
2003, as amended by this section, is further amend-
ed by adding at the end the following new headings:
589
‘‘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—
(A) transferred to title XLIV of division D
of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, as added by
paragraph (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-
590
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’’.
(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
591
Authorization 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-
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;
592
(B) redesignated as section 4405;
(C) inserted after section 4404, as added
by paragraph (5); and
(D) amended in subsection (b)(2) by in-
serting before the period the following: ‘‘, the
predecessor provision to section 4404 of this
Act’’.
(7) DEFENSE
WASTE
CLEANUP
TECHNOLOGY
PROGRAM.—Section 3141 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101–189; 103 Stat. 1679) 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 4406;
(C) inserted after section 4405, as added
by paragraph (6); and
(D) amended in the section heading by
adding a period at the end.
(8) REPORT ON ENVIRONMENTAL RESTORATION
EXPENDITURES.—Section 3134 of the National De-
fense Authorization Act for Fiscal Year 1991 (Pub-
lic Law 101–510; 104 Stat. 1833) is—
593
(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
adding a period at the end.
(9) PUBLIC PARTICIPATION IN PLANNING FOR
ENVIRONMENTAL
RESTORATION
AND
WASTE
MAN-
AGEMENT.—Subsection (e) of section 3160 of the
National Defense Authorization Act for Fiscal Year
1995 (Public 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:
595
(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
inserting ‘‘September 23, 2011’’.
(12) REPORTS IN CONNECTION WITH PERMA-
NENT
CLOSURE
OF
DEFENSE
NUCLEAR
FACILI-
TIES.—Section 3156 of the National Defense Au-
thorization 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-
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
adding 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
596
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—
(i) in subsections (a), (c)(1)(B)(i),
and (d), by inserting ‘‘of the National De-
fense 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’’.
597
(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 amend-
ed 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 (Pub-
lic Law 104–106; 110 Stat. 624) is—
(A) transferred to title XLV of division D
of the Bob Stump National Defense Authoriza-
tion 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 insert-
ing ‘‘The’’; and
598
(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
LABORA-
TORIES
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 Authoriza-
tion 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—
(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
599
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 Lab-
oratory, Livermore, California.
‘‘(B) Los Alamos National Laboratory,
Los Alamos, New Mexico.
‘‘(C) Sandia National Laboratories, Albu-
querque, New Mexico and Livermore, Cali-
fornia.
‘‘(4) The term ‘Restricted Data’ has the mean-
ing 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—
600
(A) transferred to title XLV 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 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.—
(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-
601
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 in-
serting ‘‘section 4504A’’.
(B) COUNTERINTELLIGENCE
POLYGRAPH
PROGRAM.—Section 3154 of the National De-
fense Authorization Act for Fiscal Year 2000
(Public Law 106–65; 113 Stat. 941), as
amended by section 3135 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–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;
602
(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
enactment 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
(Public Law 106–65; 113 Stat. 939) is—
(A) transferred to title XLV 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 4505; and
(C) inserted after section 4504A, as added
by paragraph (5)(B).
(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 Authoriza-
603
tion 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 ‘‘sec-
tion 3161’’.
(8) REPORT ON COUNTERINTELLIGENCE AND
SECURITY
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 Authoriza-
tion Act for Fiscal Year 2003, as amended by
this subsection;
(B) redesignated as section 4507;
(C) inserted after section 4506, as added
by paragraph (7); and
(D) amended by adding at the end the fol-
lowing new subsection:
604
‘‘(c) NATIONAL LABORATORY DEFINED.—In this
section, 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 Authoriza-
tion 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 IN-
FORMATION.—Title XLV of division D of the Bob
Stump National Defense Authorization Act for Fis-
cal Year 2003, as amended by this subsection, is
605
further amended by adding at the end the following
new subtitle 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 Authoriza-
tion 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 De-
fense Authorization Act for Fiscal Year 2000 (Pub-
lic Law 106–65; 113 Stat. 774) and section 3193 of
the Floyd D. Spence National Defense Authorization
606
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 Authoriza-
tion 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
Secretary’’.
(13) SUPPLEMENT
TO
PLAN
FOR
DECLAS-
SIFICATION OF RESTRICTED DATA AND FORMERLY
RESTRICTED DATA.—Section 3149 of the National
607
Defense 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 Authoriza-
tion 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 Authorization
Act for Fiscal Year 1999 (Public Law
105–261; 112 Stat. 2260; 50 U.S.C. 435
note)’’ and inserting ‘‘subsection (a) of sec-
tion 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,’’;
608
(iii) in subsection (c)—
(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
‘‘section 3161(d) of that Act’’ and insert-
ing ‘‘subsection (d) of section 4522’’.
(14) PROTECTION
OF
CLASSIFIED
INFORMA-
TION
DURING
LABORATORY-TO-LABORATORY
EX-
CHANGES.—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 Authoriza-
tion 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
609
of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106–65; 113 Stat. 949) is—
(A) transferred to title XLV 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 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 Fis-
cal Year 2003, as amended by this subsection, is
further amended by adding at the end the following
new subtitle 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—
610
(A) transferred to title XLV 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 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 amend-
ed 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
611
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 (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
paragraph (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
612
(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 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)’’.
613
(5) DEFENSE NUCLEAR FACILITY WORKFORCE
RESTRUCTURING PLAN.—Section 3161 of the Na-
tional Defense Authorization Act for Fiscal Year
1993 (Public Law 102–484; 106 Stat. 2644), as
amended by section 1070(c)(2) of the National De-
fense Authorization Act for Fiscal Year 1995 (Pub-
lic Law 103–337; 108 Stat. 2857), Public Law 105–
277 (112 Stat. 2681–419, 2681–430), and section
1048(h)(1) of the National 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:
614
‘‘(g) DEPARTMENT OF ENERGY DEFENSE NUCLEAR
FACILITY DEFINED.—In this section, the term ‘Depart-
ment 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 is operated for national security purposes
(including the tritium loading facility at Savannah
River, South Carolina, the 236 H facility at Savan-
nah River, South Carolina; and the Mound Labora-
tory, Ohio), but the term does not include any facil-
ity that does not conduct atomic energy defense ac-
tivities and does not include any facility or activity
covered by Executive Order Number 12344, dated
February 1, 1982, pertaining to the naval nuclear
propulsion program;
‘‘(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
(including the Nevada Test Site, Nevada; the
615
Pinnellas Plant, Florida; and the Pantex facility,
Texas);
‘‘(4) an atomic weapons research facility that is
under the control or jurisdiction of the Secretary
(including 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;
‘‘(B) was under the control or jurisdiction
of the Department of Defense, the Atomic En-
ergy Commission, or the Energy Research and
Development 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
616
(C) inserted after section 4604, as added
by paragraph (5).
(7) SUBTITLE
HEADING
ON
TRAINING
AND
EDUCATION.—Title XLVI of division D of the Bob
Stump National Defense Authorization Act for Fis-
cal Year 2003, as amended by this subsection, is
further amended by adding at the end the following
new subtitle heading:
‘‘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
adding a period at the end.
(9) STOCKPILE
STEWARDSHIP
RECRUITMENT
AND TRAINING PROGRAM.—Section 3131 of the Na-
617
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;
(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 (Pub-
lic 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
DEVELOP-
MENT OF SKILLS CRITICAL TO NUCLEAR WEAPONS
COMPLEX.—Section 3140 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law
104–106; 110 Stat 621), as amended by section
618
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
(C) inserted after section 4622, as added
by paragraph (9).
(11) SUBTITLE
HEADING
ON
WORKER
SAFE-
TY.—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;
619
(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 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
HAZ-
620
ARDOUS
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—
(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 fol-
lowing new subsection:
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘Department of Energy defense
nuclear facility’ has the meaning given that term in
section 4604(g).
621
‘‘(2) The term ‘Department of Energy em-
ployee’ means any employee of the Department of
Energy employed at a Department of Energy de-
fense 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 amend-
ed by adding at the end the following new headings:
‘‘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);
622
(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 redesig-
nated, 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’’;
(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 redesig-
nated, by striking ‘‘section 3621’’ and in-
serting ‘‘section 4702’’.
623
(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
PENALTIES
UNDER
ENVIRONMENTAL
LAWS.—Sec-
tion 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 Author-
ization 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
adding a period at the end.
(5) RESTRICTION ON USE OF FUNDS TO PAY
PENALTIES UNDER CLEAN AIR ACT.—Section 211 of
the Department of Energy National Security and
Military Applications of Nuclear Energy Authoriza-
624
tion 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 Author-
ization 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 head-
ing:
‘‘SEC. 4722. RESTRICTION ON USE OF FUNDS TO PAY PEN-
ALTIES UNDER CLEAN AIR ACT.’’;
(ii) by striking ‘‘SEC. 211.’’; and
(iii) by striking ‘‘this or any other
Act’’ and inserting ‘‘the Department of
Energy National Security and Military Ap-
plications 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 Na-
tional Defense Authorization Act for Fiscal Year
2003, as amended by this subsection, is further
625
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 (Pub-
lic Law 95–509; 92 Stat. 1779) is—
(A) transferred to title XLVII of division
D of the Bob Stump National Defense Author-
ization 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—
(i) by striking the section heading and
inserting the following new section head-
ing:
‘‘SEC. 4731. SINGLE REQUEST FOR AUTHORIZATION OF AP-
PROPRIATIONS FOR COMMON DEFENSE AND
SECURITY PROGRAMS.’’;
and
(ii) by striking ‘‘SEC. 208.’’.
(k) ADMINISTRATIVE MATTERS.—
626
(1) HEADINGS.—Division D of the Bob Stump
National Defense Authorization Act for Fiscal Year
2003, as amended by this section, is further amend-
ed by adding at the end the following new headings:
‘‘TITLE XLVIII—ADMINISTRATIVE
MATTERS
‘‘Subtitle A—Contracts’’.
(2) COSTS
NOT
ALLOWED
UNDER
CERTAIN
CONTRACTS.—Section 1534 of the Department of
Defense Authorization Act, 1986 (Public Law 99–
145; 99 Stat. 774), as amended by section 3131 of
the National 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 Author-
ization Act for Fiscal Year 2003, as added by
paragraph (1);
(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
627
(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 CONTRAC-
TORS 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 Author-
ization 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;
(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
628
(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 WEAP-
ONS TESTING PROGRAMS.—Section 3141 of the Na-
tional Defense 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 Author-
ization 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
(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
629
Fiscal Year 2003, as amended by this subsection, is
further amended by adding at the end the following
new subtitle heading:
‘‘Subtitle B—Research and
Development’’.
(6) LABORATORY-DIRECTED
RESEARCH
AND
DEVELOPMENT.—Section 3132 of the National De-
fense Authorization Act for Fiscal Year 1991 (Pub-
lic Law 101–510; 104 Stat. 1832) is—
(A) transferred to title XLVIII of division
D of the Bob Stump National Defense Author-
ization 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
adding a period at the end.
(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
DE-
VELOPMENT.—Section 3137 of the National
630
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)—
(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
631
(III) in subsection (e), by strik-
ing ‘‘section 3132(d) of the National
Defense Authorization Act for Fiscal
Year 1991 (42 U.S.C. 7257a(d))’’ and
inserting ‘‘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 Author-
ization 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 4812A;
(iii) inserted after section 4812, as
added by paragraph (7); and
(iv) amended in subsection (a) by in-
serting ‘‘of the National Defense Author-
ization Act for Fiscal Year 1997 (Public
Law 104–201)’’ after ‘‘section 3101’’.
632
(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 Author-
ization 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 (Pub-
lic Law 105–85; 111 Stat. 2044) is—
(A) transferred to title XLVIII of division
D of the Bob Stump National Defense Author-
ization 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
634
CERTAIN
NUCLEAR
WEAPONS
PRODUCTION
PLANTS.—Section 3156 of the Floyd D. Spence Na-
tional 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 Author-
ization 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 Author-
ization 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
635
(D) amended in subsection (d) by striking
‘‘sections 202 and 203(j) of the Federal Prop-
erty and Administrative Services Act of 1949
(40 U.S.C. 483 and 484(j))’’ and inserting
‘‘subchapter II of chapter 5 and section 549 of
title 40, United States Code,’’.
(14) SUBTITLE
HEADING
ON
OTHER
MAT-
TERS.—Title XLVIII of division D of the Bob
Stump National Defense Authorization Act for Fis-
cal Year 2003, as amended by this subsection, is
further amended by adding at the end the following
new subtitle 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 Author-
ization 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—
636
(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 TO CONGRESS OF LOCAL IMPACT
ASSISTANCE.—’’; and
(iii) by striking ‘‘section 3161(c)(6) of
the National Defense Authorization Act of
1993 (42 U.S.C. 7274h(c)(6))’’ and insert-
ing ‘‘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 amend-
ed by adding at the end the following new headings:
‘‘TITLE XLIX—MATTERS RELAT-
ING TO PARTICULAR FACILI-
TIES
‘‘Subtitle A—Hanford Reservation,
Washington’’.
(2) SAFETY MEASURES FOR WASTE TANKS.—
Section 3137 of the National Defense Authorization
637
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
paragraph (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 en-
actment 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-
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 ‘‘Be-
ginning March 5, 1991,’’; and
638
(v) in subsection (d), by striking
‘‘Within six months after the date of the
enactment of this Act,’’ and inserting ‘‘Not
later than May 5, 1991,’’.
(3) PROGRAMS FOR PERSONS WHO MAY HAVE
BEEN
EXPOSED
TO
RADIATION
RELEASED
FROM
HANFORD RESERVATION.—Section 3138 of the Na-
tional Defense Authorization Act for Fiscal Year
1991 (Public Law 101–510; 104 Stat. 1834), as
amended by section 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
(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-
639
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 en-
actment of this Act,’’ and inserting
‘‘May 5, 1991,’’; and
(II) in paragraph (3), by striking
‘‘18 months after the date of the en-
actment 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 Au-
thorization 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;
640
(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 Authoriza-
tion Act for Fiscal Year 2001,’’ and inserting
‘‘November 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
(C) amended—
(i) by inserting before the text the fol-
lowing new section heading:
‘‘SEC. 4904. RIVER PROTECTION PROJECT.’’;
and
641
(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’’.
(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 sub-
642
section, 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 Na-
tional Defense Authorization Act for Fiscal Year
1997 (Public 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
Authorization Act for Fiscal Year 1997 (Public 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;
643
(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 insert-
ing ‘‘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 divi-
sion D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(ii) inserted after section 4912, as
added by paragraph (9); and
644
(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 divi-
sion D of the Bob Stump National Defense
Authorization 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-
ization Act for Fiscal Year 1999 (Public Law
105–261; 112 Stat. 2248) is—
645
(i) transferred to title XLIX 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 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 Au-
thorization Act for Fiscal Year 1998 (Public
Law 105–85; 111 Stat. 2038) is—
(i) transferred to title XLIX of divi-
sion D of the Bob Stump National Defense
Authorization 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:
‘‘SEC. 4913C. CONTINUATION OF PROCESSING, TREATMENT,
AND DISPOSAL OF LEGACY NUCLEAR MATE-
RIALS.’’;
and
646
(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 Author-
ization Act for Fiscal Year 1997 (Public Law
104–201; 110 Stat. 2836) is—
(i) transferred to title XLIX of divi-
sion D of the Bob Stump National Defense
Authorization 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
Secretary’’ and inserting ‘‘The Sec-
retary of Energy’’; and
647
(III) by striking ‘‘subsection (e)’’
and inserting ‘‘section 4912’’.
(11) LIMITATION ON USE OF FUNDS FOR DE-
COMMISSIONING
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.—’’;
(iii) by striking ‘‘this or any other
Act’’ and inserting ‘‘the Floyd D. Spence
National Defense Authorization Act for
648
Fiscal Year 2001 (as enacted into law by
Public 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
PLUTONIUM.—Section 3182 of the Bob Stump
National Defense Authorization Act for Fiscal
Year 2003 (Public Law 107–314; 116 Stat.
2747) is—
(i) transferred to title XLIX of divi-
sion D of such Act, as amended by this
subsection;
(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 divi-
sion D of the Bob Stump National Defense
649
Authorization 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
subtitle 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
Authorization 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
650
Fiscal 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 Na-
tional 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 Energy 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 Na-
651
tional Defense Stockpile Transaction Fund established
under subsection (a) of section 9 of the Strategic and Crit-
ical Materials 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 environmentally sensitive.
(b) ADDITIONAL OBLIGATIONS.—The National De-
fense Stockpile Manager may obligate amounts in excess
of the amount specified in subsection (a) if the National
Defense Stockpile Manager notifies Congress that extraor-
dinary or emergency conditions necessitate the additional
obligations. The National Defense Stockpile Manager may
make the additional obligations described in the notifica-
tion 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
Defense Authorization Act for Fiscal Year 2000 (Public
Law 106–65; 113 Stat. 972; 50 U.S.C. 98d note) is
amended—
652
(1) by striking ‘‘and’’ at the end of paragraph
(2); and
(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
subsection (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 fis-
cal 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.
653
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 with-
out 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 Mar-
itime 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
Columbia, and a foreign country; and
654
(B) includes, in the case of liquid and dry
bulk cargo carrying services, trading between
foreign ports in accordance with normal com-
mercial bulk shipping practices in such manner
as will permit United States-documented vessels
freely to compete with foreign-flag bulk car-
rying vessels in their operation or in competing
for charters, subject to rules and regulations
promulgated by the Secretary of Transportation
pursuant 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
655
(B) any vessel that—
(i) is a replacement for a vessel de-
scribed in subparagraph (A);
(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 posses-
sion thereof, or of any foreign country.
(8) PRODUCT TANK VESSEL.—The term ‘‘prod-
uct tank vessel’’ means a double hulled tank vessel
capable of carrying simultaneously more than 2 sep-
arated grades of refined petroleum products.
656
(9) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Transportation.
(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
included in the Fleet if—
657
(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
vessel to be constructed, will be operated) in pro-
viding transportation in foreign commerce;
(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 in-
cluded 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 in-
cluded in the Fleet;
except that the Secretary of Transportation shall
waive the application of an age restriction under this
658
paragraph if the waiver is requested by the Sec-
retary of Defense;
(4) the vessel is determined by the Secretary of
Defense to be suitable for use by the United States
for 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 doc-
umented 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 docu-
mentation under chapter 121 of title 46,
United States Code.
(c) REQUIREMENTS REGARDING CITIZENSHIP
OF
OWNERS AND CHARTERERS.—
(1) VESSEL OWNED AND OPERATED BY SEC-
TION 2 CITIZENS.—A vessel meets the requirements
659
of this paragraph if, during the period of an oper-
ating agreement under this subtitle that applies to
the vessel, the vessel will be owned and operated by
persons 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).
(2) VESSEL OWNED BY SECTION 2 CITIZEN AND
CHARTERED TO DOCUMENTATION CITIZEN.—A ves-
sel meets the requirements of this paragraph if—
(A) during the period of an operating
agreement under this subtitle that applies to
the vessel, 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
660
the Shipping Act, 1916 (46 App.
U.S.C. 802), and are appointed and
subjected to removal only upon ap-
proval by the Secretary; and
(III) that certifies that there are
no treaties, statutes, regulations, or
other laws that would prohibit the
contractor for the vessel from per-
forming its obligations under an oper-
ating agreement under this subtitle;
and
(B) in the case of a vessel that will be
chartered to a person that is owned or con-
trolled 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 influence the operation of the
vessel in a manner that will adversely affect the
interests of the United States.
(3) VESSEL
OWNED
AND
OPERATED
BY
DE-
FENSE CONTRACTOR.—A vessel meets the require-
ments of this paragraph if, during the period of an
operating agreement under this subtitle that applies
661
to the vessel, 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
Defense, or charters other vessels to the Sec-
retary 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 CIT-
IZEN AND CHARTERED TO SECTION 2 CITIZEN.—A
vessel meets the requirements of this paragraph if,
during the period of an operating agreement under
this subtitle 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
662
(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
Secretary of Defense shall request the Secretary of Home-
land Security to issue any waiver under the first section
of Public 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 pur-
poses of section 3511(c) enter into an operating agreement
with the Secretary under this section.
(b) PROCEDURE FOR APPLICATIONS.—
(1) ACCEPTANCE
OF
APPLICATIONS.—Begin-
ning no later than 30 days after the effective date
of this subtitle, the Secretary shall accept applica-
tions for enrollment of vessels in the Fleet.
(2) ACTION
ON
APPLICATIONS.—Within 90
days after receipt of an application for enrollment of
a vessel in the Fleet, the Secretary shall enter into
an operating agreement with the applicant or pro-
vide in writing the reason for denial of that applica-
tion.
663
(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—
(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
Shipping Act, 1916 (46 App. U.S.C. 802),
except that the Secretary shall not enter into
operating 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
Secretary shall not enter into operating agree-
664
ments under this subparagraph for more than
47 vessels.
(C) CERTAIN VESSELS OPERATED BY SEC-
TION
CITIZENS.—Third, 
to 
the 
extent
amounts are available after applying subpara-
graphs (A) and (B), for any other vessel that
is eligible to be included in the Fleet under sec-
tion 3511(b), 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 Ship-
ping 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 oper-
ated by a person that is a citizen of the
United States under section 2 of the Ship-
ping Act, 1916 (46 App. U.S.C. 802).
(D) OTHER ELIGIBLE VESSELS.—Fourth,
to the extent amounts are available after apply-
ing subparagraphs (A), (B), and (C), for any
other vessel that is eligible to be included in the
Fleet under section 3511(b).
665
(2) REDUCTION
IN
NUMBER
OF
SLOTS
FOR
FORMER
PARTICIPATING
FLEET
VESSELS.—The
number in paragraph (1)(B) shall be reduced by 1—
(A) for each former participating fleet ves-
sel for which an application for enrollment in
the Fleet is not received by the Secretary within
the 90-day period beginning on the effective
date of this subtitle; and
(B) for each former participating fleet ves-
sel for which an application for enrollment in
the Fleet received by the Secretary is not ap-
proved by the Secretary of Defense within the
90-day period beginning on the date of such re-
ceipt.
(3) 
DISCRETION
WITHIN
PRIORITY.—The
Secretary—
(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 with-
in a priority—
(i) in accordance with operational re-
quirements specified by the Secretary of
Defense; and
666
(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
operating agreement, the Secretary may treat an ex-
isting tank vessel that is eligible to be included in
the Fleet under section 3511(b) as a vessel that is
constructed 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
subtitle; 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
667
(ii) the date of delivery of the replacement
tank vessel.
(d) LIMITATION.—The Secretary may not award op-
erating agreements under this subtitle that require pay-
ments 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
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
fiscal 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 pursuant to an Emergency Preparedness Agree-
ment under section 3516, shall be the expiration or termi-
nation date of the Government charter covering the vessel,
or any earlier date the vessel is withdrawn from that char-
ter.
(c) TERMINATION.—
668
(1) IN GENERAL.—If the contractor with re-
spect 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
specified by the contractor if the contractor notifies
the Secretary, by not later than 60 days before the
effective date of the termination, that the contractor
intends 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
authorized 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.
669
(2) RELEASE
OF
VESSELS
FROM
OBLIGA-
TIONS.—If funds are not appropriated under the au-
thority 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 sub-
title for which funds are not available—
(A) is thereby released from any further
obligation 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 Sec-
retary of Transportation and the Secretary of
Defense, notwithstanding section 9 of the Ship-
ping 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 avail-
able to be requisitioned by the Secretary of
Transportation pursuant to section 902 of such
Act.
670
SEC. 3514. OBLIGATIONS AND RIGHTS UNDER OPERATING
AGREEMENTS.
(a) OPERATION OF VESSEL.—An operating agree-
ment under this subtitle shall require that, during the pe-
riod 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 chap-
ter 121 of title 46, United States Code.
(b) ANNUAL PAYMENTS BY SECRETARY.—
(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
agreement under this subtitle constitutes a contrac-
tual obligation of the United States Government to
671
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 agree-
ment terminated under section 3513(c)(2)) shall remain
documented under chapter 121 of title 46, United States
Code, until the date the operating agreement would termi-
nate according 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 ac-
cording to its terms.
(2) 
EMERGENCY
PREPAREDNESS
AGREE-
MENT.—All terms and conditions of an Emergency
Preparedness Agreement entered into under section
3516 shall remain in effect until the date the oper-
ating agreement would terminate according to its
terms, except that the terms of such Emergency
Preparedness Agreement may be modified by the
mutual consent of the contractor and the Secretary
of Transportation and the Secretary of Defense.
673
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
fiscal year for a vessel, the contractor for the vessel shall
certify, in accordance with regulations issued by the Sec-
retary, 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 con-
sidered days of operation for purposes of this subsection.
(c) LIMITATIONS.—The Secretary of Transportation
shall not make any payment under this subtitle for a ves-
sel with respect to any days for which the vessel is—
(1) under a charter to the United States Gov-
ernment, other than a charter pursuant to an Emer-
gency Preparedness Agreement under section 3516;
(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
674
(C) 30 years of age, in the case of a LASH
vessel.
(d) REDUCTIONS IN PAYMENTS.—With respect to
payments under this subtitle for a vessel covered by an
operating agreement, the Secretary—
(1) except as provided in paragraph (2), shall
not reduce any payment for the operation of the ves-
sel 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 Mer-
chant 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 re-
675
pair considered to be days on which the vessel is op-
erated.
SEC. 3516. NATIONAL SECURITY REQUIREMENTS.
(a) EMERGENCY PREPAREDNESS AGREEMENT RE-
QUIRED.—The Secretary shall establish an Emergency
Preparedness Program under this section that is approved
by the Secretary of Defense. Under the program, the Sec-
retary shall include in each operating agreement under
this subtitle a requirement that the contractor enter into
an Emergency 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 con-
tractor 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 deter-
mined by the Secretary of Defense to be necessary
for national security or contingency operation (as
that term is defined in section 101 of title 10,
United States Code), a contractor for a vessel cov-
ered by an operating agreement under this subtitle
676
shall make available commercial transportation re-
sources (including services).
(2) BASIC TERMS.—(A) The basic terms of the
Emergency Preparedness Agreement shall be estab-
lished (subject to subparagraph (B)) pursuant to
consultations among the Secretary and the Secretary
of Defense.
(B) In any Emergency Preparedness Agree-
ment, the Secretary and a contractor may agree to
additional or modifying terms appropriate to the
contractor’s circumstances if those terms have been
approved by the Secretary of Defense.
(c) PARTICIPATION AFTER EXPIRATION OF OPER-
ATING
AGREEMENT.—Except as provided by section
3514(c), the Secretary may not require, through an Emer-
gency Preparedness Agreement or operating agreement,
that a contractor continue to participate in an Emergency
Preparedness Agreement after the operating agreement
with the contractor has expired according to its terms or
is otherwise no longer in effect. After expiration of an
Emergency Preparedness Agreement, a contractor may
volunteer to continue 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
677
or capacity in vessels, intermodal systems and equipment,
terminal facilities, intermodal and management services,
and other related services, or any agreed portion of such
nonvessel resources for activation as the Secretary of De-
fense may determine to be necessary, seeking to minimize
disruption of the contractor’s service to commercial ship-
pers.
(e) COMPENSATION.—
(1) IN GENERAL.—The Secretary shall include
in each Emergency Preparedness Agreement provi-
sions approved by the Secretary of Defense under
which the Secretary of Defense shall pay fair and
reasonable compensation for all commercial trans-
portation resources provided pursuant to this sec-
tion.
(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 consid-
ering all circumstances;
(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
678
to the contractor and is available to reenter
commercial 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
vessel 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 Prepared-
ness 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 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
679
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
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
(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
(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
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
(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
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
(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
(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
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
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
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
(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
(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
(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
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
(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
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
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
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
718
promote peaceful, safe, and environmentally sensitive uses
of nuclear energy.
(2) The cooperative venture referred to in paragraph
(1) shall involve the national security laboratories of the
National Nuclear Security Administration and the labora-
tories of the Ministry of Atomic Energy and the
Kurchatov Institute of the Russian Federation.
(3) The cooperative venture shall be directed by two
co-chairs, one each from the United States and the Rus-
sian Federation. The co-chair from the United States shall
serve for a term of two years and shall be designated by
the Administrator for Nuclear Security from among offi-
cials of the three national security laboratories, with each
laboratory represented on a rotating basis.
SEC. 3636. NONPROLIFERATION FELLOWSHIPS.
(a) IN GENERAL.—(1) From amounts made available
to carry out this section, the Administrator for Nuclear
Security may carry out a program under which the Ad-
ministrator awards, to scientists employed at the
Kurchatov Institute of the Russian Federation and Law-
rence Livermore National Laboratory, international ex-
change fellowships, to be known as Teller-Kurchatov Fel-
lowships, in the nuclear nonproliferation sciences.
(2) The purpose of the program shall be to provide
opportunities for advancement in the field of nuclear non-