424
management program of the Department of Energy. The
report shall include the following:
(1) An assessment of the adequacy of the science-
based tools and methods being used to determine the
matters covered by the certification.
(2) An assessment of the capability of the manu-
facturing infrastructure required by section 3137 of
the National Defense Authorization Act for Fiscal
Year 1996 (42 U.S.C. 2121 note) to identify and fix
any inadequacy with respect to the matters covered by
the certification.
(3) An assessment of the need of the United
States to resume testing of nuclear weapons and the
readiness of the United States to resume such testing,
together with an identification of the specific tests the
conduct of which might have value and the antici-
pated value of conducting such tests.
(4) An identification and discussion of any other
matter that adversely affects the ability to accurately
determine the matters covered by the certification.
(5) In the case of a report submitted by the head
of a national security laboratory, the findings and
recommendations submitted by the ‘‘red teams’’ under
subsection (c) that relate to such certification, and a
discussion of those findings and recommendations.
425
(6) In the case of a report submitted by the head
of a national security laboratory, a discussion of the
relative merits of other weapon types that could ac-
complish the mission of the weapon type covered by
such certification.
(e) CLASSIFIED FORM.—Each submission required by
this section shall be made only in classified form.
SEC. 3145. PLAN FOR ACHIEVING ONE-YEAR READINESS
POSTURE FOR RESUMPTION BY THE UNITED
STATES OF UNDERGROUND NUCLEAR WEAP-
ONS TESTS.
(a) PLAN REQUIRED.—The Secretary of Energy, in
consultation with the Administrator for Nuclear Security,
shall prepare a plan for achieving, not later than one year
after the date on which the plan is submitted under sub-
section (c), a one-year readiness posture for resumption by
the United States of underground nuclear weapons tests.
(b) DEFINITION.—For purposes of this section, a one-
year readiness posture for resumption by the United States
of underground nuclear weapons tests is achieved when the
Department of Energy has the capability to resume such
tests, if directed by the President to resume such tests, not
later than one year after the date on which the President
so directs.
426
(c) REPORT.—The Secretary shall include with the
budget justification materials submitted to Congress in sup-
port of the Department of Energy budget for fiscal year
2004 (as submitted with the budget of the President under
section 1105(a) of title 31, United States Code) a report
on the plan required by subsection (a). The report shall in-
clude the plan and a budget for implementing the plan.
SEC. 3146. PROHIBITION ON DEVELOPMENT OF LOW-YIELD
NUCLEAR WEAPONS.
(a) UNITED STATES POLICY.—It shall be the policy
of the United States not to conduct development which could
lead to the production by the United States of a new low-
yield nuclear weapon, including a precision low-yield war-
head.
(b) LIMITATION.—The Secretary of Energy may not
conduct, or provide for the conduct of, development which
could lead to the production by the United States of a low-
yield nuclear weapon which, as of the date of the enactment
of this Act, has not entered production.
(c) EFFECT ON OTHER DEVELOPMENT.—Nothing in
this section shall prohibit the Secretary of Energy from con-
ducting, or providing for the conduct of, development
necessary—
(1) to design a testing device that has a yield of
less than five kilotons;
427
(2) to modify an existing weapon for the purpose
of addressing safety and reliability concerns; or
(3) to address proliferation concerns.
(d) DEFINITIONS.—In this section—
(1) the term ‘‘low-yield nuclear weapon’’ means
a nuclear weapon that has a yield of less than five
kilotons; and
(2) the term ‘‘development’’ does not include con-
cept definition studies, feasibility studies, or detailed
engineering design work.
(e) CONFORMING REPEAL.—Section 3136 of the Na-
tional Defense Authorization Act for Fiscal Year 1994 (42
U.S.C. 2121 note) is repealed.
Subtitle D—Matters Relating to De-
fense 
Environmental 
Manage-
ment
SEC. 
3151. 
DEFENSE 
ENVIRONMENTAL 
MANAGEMENT
CLEANUP REFORM PROGRAM.
(a) PROGRAM REQUIRED.—From funds made avail-
able pursuant to section 3102(a)(2) for defense environ-
mental management cleanup reform, the Secretary of En-
ergy shall carry out a program to reform DOE environ-
mental management activities. In carrying out the pro-
gram, the Secretary shall allocate, to each site for which
the Secretary has submitted to the congressional defense
428
committees a site performance management plan, the
amount of those funds that such plan requires.
(b) TRANSFER AND MERGER OF FUNDS.—Funds so al-
located shall, notwithstanding section 3124, be transferred
to the account for DOE environmental management activi-
ties and, subject to subsection (c), shall be merged with and
be available for the same purposes and for the same period
as the funds available in such account. The authority pro-
vided by section 3129 shall apply to funds so transferred.
(c) LIMITATION ON USE OF ALL MERGED FUNDS.—
Upon a transfer and merger of funds under subsection (b),
all funds in the merged account that are available with re-
spect to the site may be used only to carry out the site per-
formance management plan for such site.
(d) SITE PERFORMANCE MANAGEMENT PLAN DE-
FINED.—For purposes of this section, a site performance
management plan for a site is a plan, agreed to by the ap-
plicable Federal and State agencies with regulatory juris-
diction with respect to the site, for the performance of ac-
tivities to accelerate the reduction of environmental risk in
connection with, and to accelerate the environmental clean-
up of, the site.
(e) DOE ENVIRONMENTAL MANAGEMENT ACTIVITIES
DEFINED.—For purposes of this section, the term ‘‘DOE en-
vironmental management activities’’ means environmental
429
restoration and waste management activities of the Depart-
ment of Energy in carrying out programs necessary for na-
tional security.
SEC. 3152. REPORT ON STATUS OF ENVIRONMENTAL MAN-
AGEMENT INITIATIVES TO ACCELERATE THE
REDUCTION OF ENVIRONMENTAL RISKS AND
CHALLENGES POSED BY THE LEGACY OF THE
COLD WAR.
(a) REPORT REQUIRED.—The Secretary of Energy
shall prepare a report on the status of those environmental
management initiatives specified in subsection (b) that are
being undertaken to accelerate the reduction of the environ-
mental risks and challenges that, as a result of the legacy
of the Cold War, are faced by the Department of Energy,
contractors of the Department, and applicable Federal and
State agencies with regulatory jurisdiction.
(b) CONTENTS.—The report shall include the following
matters:
(1) A discussion of the progress made in reduc-
ing such risks and challenges in each of the following
areas:
(A) Acquisition strategy and contract man-
agement.
(B) Regulatory agreements.