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(b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—
(1) Subject to paragraph (2), the Secretary of Energy may
transfer funds authorized to be appropriated to the Depart-
ment of Energy pursuant to this title between any such au-
thorizations. Amounts of authorizations so transferred may
be merged with and be available for the same purposes and
for the same period as the authorization to which the
amounts are transferred.
(2) Not more than 5 percent of any such authorization
may be transferred between authorizations under para-
graph (1). No such authorization may be increased or de-
creased by more than 5 percent by a transfer under such
paragraph.
(c) LIMITATIONS.—The authority provided by this sub-
section to transfer authorizations—
(1) may be used only to provide funds for items
relating to activities necessary for national security
programs that have a higher priority than the items
from which the funds are transferred; and
(2) may not be used to provide funds for an item
for which Congress has specifically denied funds.
(d) NOTICE TO CONGRESS.—The Secretary of Energy
shall promptly notify the Committees on Armed Services
of the Senate and House of Representatives of any transfer
of funds to or from authorizations under this title.
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SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC-
TION DESIGN.
(a) REQUIREMENT
OF CONCEPTUAL DESIGN.—(1)
Subject to paragraph (2) and except as provided in para-
graph (3), before submitting to Congress a request for funds
for a construction project that is in support of a national
security program of the Department of Energy, the Sec-
retary of Energy shall complete a conceptual design for that
project.
(2) If the estimated cost of completing a conceptual
design for a construction project exceeds $3,000,000, the
Secretary shall submit to Congress a request for funds for
the conceptual design before submitting a request for funds
for the construction project.
(3) The requirement in paragraph (1) does not apply
to a request for funds—
(A) for a minor construction project the total es-
timated cost of which is less than $5,000,000; or
(B) for emergency planning, design, and con-
struction activities under section 3126.
(b) AUTHORITY
FOR CONSTRUCTION DESIGN.—(1)
Within the amounts authorized by this title, the Secretary
of Energy may carry out construction design (including ar-
chitectural and engineering services) in connection with
any proposed construction project if the total estimated cost
for such design does not exceed $600,000.
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(2) If the total estimated cost for construction design
in connection with any construction project exceeds
$600,000, funds for that design must be specifically author-
ized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE-
SIGN, AND CONSTRUCTION ACTIVITIES.
(a) AUTHORITY.—The Secretary of Energy may use
any funds available to the Department of Energy pursuant
to an authorization in this title, including funds authorized
to be appropriated for advance planning, engineering, and
construction design, and for plant projects, under sections
3101, 3102, 3103, and 3104 to perform planning, design,
and construction activities for any Department of Energy
national security program construction project that, as de-
termined by the Secretary, must proceed expeditiously in
order to protect public health and safety, to meet the needs
of national defense, or to protect property.
(b) LIMITATION.—The Secretary may not exercise the
authority under subsection (a) in the case of any construc-
tion project until the Secretary has submitted to the con-
gressional defense committees a report on the activities that
the Secretary intends to carry out under this section and
the circumstances making those activities necessary.
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(c) SPECIFIC AUTHORITY.—The requirement of section
3125(b)(2) does not apply to emergency planning, design,
and construction activities conducted under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU-
RITY PROGRAMS OF THE DEPARTMENT OF
ENERGY.
Subject to the provisions of appropriation Acts and
section 3121, amounts appropriated pursuant to this title
for management and support activities and for general
plant projects are available for use, when necessary, in con-
nection with all national security programs of the Depart-
ment of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
(a) IN GENERAL.—Except as provided in subsection
(b), when so specified in an appropriations Act, amounts
appropriated for operation and maintenance or for plant
projects may remain available until expended.
(b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—
Amounts appropriated for program direction pursuant to
an authorization of appropriations in subtitle A shall re-
main available to be expended only until the end of fiscal
year 2004.
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SEC. 3129. TRANSFER OF DEFENSE ENVIRONMENTAL MAN-
AGEMENT FUNDS.
(a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON-
MENTAL MANAGEMENT FUNDS.—The Secretary of Energy
shall provide the manager of each field office of the Depart-
ment of Energy with the authority to transfer defense envi-
ronmental management funds from a program or project
under the jurisdiction of that office to another such program
or project.
(b) LIMITATIONS.—(1) Not more than three transfers
may be made to or from any program or project under sub-
section (a) in a fiscal year.
(2) The amount transferred to or from a program or
project in any one transfer under subsection (a) may not
exceed $5,000,000.
(3) A transfer may not be carried out by a manager
of a field office under subsection (a) unless the manager
determines that the transfer is necessary—
(A) to address a risk to health, safety, or the en-
vironment; or
(B) to assure the most efficient use of defense en-
vironmental management funds at the field office.
(4) Funds transferred pursuant to subsection (a) may
not be used for an item for which Congress has specifically
denied funds or for a new program or project that has not
been authorized by Congress.
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(c) EXEMPTION FROM REPROGRAMMING REQUIRE-
MENTS.—The requirements of section 3121 shall not apply
to transfers of funds pursuant to subsection (a).
(d) NOTIFICATION.—The Secretary, acting through the
Assistant Secretary of Energy for Environmental Manage-
ment, shall notify Congress of any transfer of funds pursu-
ant to subsection (a) not later than 30 days after such
transfer occurs.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘program or project’’ means, with
respect to a field office of the Department of Energy,
any of the following:
(A) A program referred to or a project listed
in paragraph (2) or (3) of section 3102.
(B) A program or project not described in
subparagraph (A) that is for environmental res-
toration or waste management activities nec-
essary for national security programs of the De-
partment, that is being carried out by that office,
and for which defense environmental manage-
ment funds have been authorized and appro-
priated before the date of the enactment of this
Act.
(2) The term ‘‘defense environmental manage-
ment funds’’ means funds appropriated to the Depart-
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ment of Energy pursuant to an authorization for car-
rying out environmental restoration and waste man-
agement activities necessary for national security pro-
grams.
(f) DURATION OF AUTHORITY.—The managers of the
field offices of the Department may exercise the authority
provided under subsection (a) during the period beginning
on October 1, 2002, and ending on September 30, 2003.
SEC. 3130. TRANSFER OF WEAPONS ACTIVITIES FUNDS.
(a) TRANSFER AUTHORITY FOR WEAPONS ACTIVITIES
FUNDS.—The Secretary of Energy shall provide the man-
ager of each field office of the Department of Energy with
the authority to transfer weapons activities funds from a
program or project under the jurisdiction of that office to
another such program or project.
(b) LIMITATIONS.—(1) Not more than three transfers
may be made to or from any program or project under sub-
section (a) in a fiscal year.
(2) The amount transferred to or from a program or
project in any one transfer under subsection (a) may not
exceed $5,000,000.
(3) A transfer may not be carried out by a manager
of a field office under subsection (a) unless the manager
determines that the transfer—
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(A) is necessary to address a risk to health, safe-
ty, or the environment; or
(B) will result in cost savings and efficiencies.
(4) A transfer may not be carried out by a manager
of a field office under subsection (a) to cover a cost overrun
or scheduling delay for any program or project.
(5) Funds transferred pursuant to subsection (a) may
not be used for an item for which Congress has specifically
denied funds or for a new program or project that has not
been authorized by Congress.
(c) EXEMPTION FROM REPROGRAMMING REQUIRE-
MENTS.—The requirements of section 3121 shall not apply
to transfers of funds pursuant to subsection (a).
(d) NOTIFICATION.—The Secretary, acting through the
Administrator for Nuclear Security, shall notify Congress
of any transfer of funds pursuant to subsection (a) not later
than 30 days after such transfer occurs.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘program or project’’ means, with
respect to a field office of the Department of Energy,
any of the following:
(A) A program referred to or a project listed
in section 3101(1).
(B) A program or project not described in
subparagraph (A) that is for weapons activities
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necessary for national security programs of the
Department, that is being carried out by that of-
fice, and for which weapons activities funds have
been authorized and appropriated before the date
of the enactment of this Act.
(2) The term ‘‘weapons activities funds’’ means
funds appropriated to the Department of Energy pur-
suant to an authorization for carrying out weapons
activities necessary for national security programs.
(f) DURATION OF AUTHORITY.—The managers of the
field offices of the Department may exercise the authority
provided under subsection (a) during the period beginning
on October 1, 2002, and ending on September 30, 2003.
Subtitle 
C—Program 
Authoriza-
tions, Restrictions, and Limita-
tions
SEC. 3131. AVAILABILITY OF FUNDS FOR ENVIRONMENTAL
MANAGEMENT CLEANUP REFORM.
(a) LIMITATION
ON AVAILABILITY
FOR ENVIRON-
MENTAL MANAGEMENT CLEANUP REFORM.—None of the
funds authorized to be appropriated by section 3102(8) for
the Department of Energy for environmental management
cleanup reform may be obligated or expended until the Sec-
retary of Energy—
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(1) publishes in the Federal Register, and sub-
mits to the congressional defense committees, a report
setting forth criteria established by the Secretary—
(A) for selecting the projects that will re-
ceive funding using such funds; and
(B) for setting priorities among the projects
selected under subparagraph (A); or
(2) notifies the congressional defense committees
that the criteria described by paragraph (1) will not
be established.
(b) REQUIREMENTS REGARDING ESTABLISHMENT OF
CRITERIA.—Before establishing criteria, if any, under sub-
section (a)(1), the Secretary shall publish a proposal for
such criteria in the Federal Register, and shall provide a
period of 45 days for public notice and comment on the
proposal.
(c) AVAILABILITY OF FUNDS IF CRITERIA ARE NOT
ESTABLISHED.—(1) If the Secretary exercises the authority
under subsection (a)(2), the Secretary shall reallocate the
funds referred to in subsection (a) among sites that received
funds during fiscal year 2002 for defense environmental res-
toration and waste management activities under section
3102 of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107–197; 115 Stat. 1358).
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(2) The amount of funds referred to in subsection (a)
that are allocated under paragraph (1) to a site described
in that paragraph shall bear the same ratio to the amount
of funds referred to in subsection (a) as the amount of funds
received by such site during fiscal year 2002 under section
3102 of the National Defense Authorization Act for Fiscal
Year 2002 bears to the total amount of funds made available
to all sites during fiscal year 2002 under that section.
(3) No funds allocated under paragraph (1) may be
obligated or expended until 30 days after the Secretary sub-
mits to the congressional defense committee a list of the
projects at each site allocated funds under that paragraph,
and the amount of such funds to be provided to each such
project at each such site.
(4) Funds referred to in subsection (a) may not be obli-
gated or expended for any site that was not funded in fiscal
year 2002 from amounts available to the Department of En-
ergy under title XXXI of the National Defense Authoriza-
tion Act for Fiscal Year 2002.
SEC. 3132. ROBUST NUCLEAR EARTH PENETRATOR.
Not later than February 3, 2003, the Secretary of De-
fense shall, in consultation with the Secretary of Energy,
submit to the congressional defense committees a report on
the Robust Nuclear Earth Penetrator (RNEP). The report
shall set forth—
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(1) the military requirements for the Robust Nu-
clear Earth Penetrator;
(2) the nuclear weapons employment policy re-
garding the Robust Nuclear Earth Penetrator;
(3) a detailed description of the categories or
types of targets that the Robust Nuclear Earth Pene-
trator is designed to hold at risk; and
(4) an assessment of the ability of conventional
weapons to address the same categories and types of
targets described under paragraph (3).
SEC. 3133. DATABASE TO TRACK NOTIFICATION AND RESO-
LUTION PHASES OF SIGNIFICANT FINDING
INVESTIGATIONS.
(a) AVAILABILITY
OF
FUNDS
FOR
DATABASE.—
Amounts authorized to be appropriated by section 3101(1)
for the National Nuclear Security Administration for weap-
ons activities shall be available to the Deputy Adminis-
trator for Nuclear Security for Defense Programs for the
development and implementation of a database for all na-
tional security laboratories to track the notification and
resolution phases of Significant Finding Investigations
(SFIs). The purpose of the database is to facilitate the mon-
itoring of the progress and accountability of the national
security laboratories in Significant Finding Investigations.
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(b) IMPLEMENTATION DEADLINE.—The database re-
quired by subsection (a) shall be implemented not later than
September 30, 2003.
(c) NATIONAL SECURITY LABORATORY DEFINED.—In
this section, the term ‘‘national security laboratory’’ has the
meaning given that term in section 3281(1) of the National
Nuclear Security Administration Act (title XXXII of Public
Law 106–65; 113 Stat. 968; 50 U.S.C. 2471(1)).
SEC. 3134. REQUIREMENTS FOR SPECIFIC REQUEST FOR
NEW OR MODIFIED NUCLEAR WEAPONS.
(a) REQUIREMENT FOR REQUEST FOR FUNDS FOR DE-
VELOPMENT.—(1) In any fiscal year after fiscal year 2002
in which the Secretary of Energy plans to carry out activi-
ties described in paragraph (2) relating to the development
of a new nuclear weapon or modified nuclear weapon, the
Secretary shall specifically request funds for such activities
in the budget of the President for that fiscal year under
section 1105(a) of title 31, United States Code.
(2) The activities described in this paragraph are as
follows:
(A) The conduct, or provision for conduct, of re-
search and development which could lead to the pro-
duction of a new nuclear weapon by the United
States.
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(B) The conduct, or provision for conduct, of en-
gineering or manufacturing to carry out the produc-
tion of a new nuclear weapon by the United States.
(C) The conduct, or provision for conduct, of re-
search and development which could lead to the pro-
duction of a modified nuclear weapon by the United
States.
(D) The conduct, or provision for conduct, of en-
gineering or manufacturing to carry out the produc-
tion of a modified nuclear weapon by the United
States.
(b) BUDGET REQUEST FORMAT.—The Secretary shall
include in a request for funds under subsection (a) the fol-
lowing:
(1) In the case of funds for activities described
in subparagraph (A) or (C) of subsection (a)(2), a
dedicated line item for each such activity for a new
nuclear weapon or modified nuclear weapons that is
in phase 1 or 2A or phase 6.1 or 6.2A, as the case
may be, of the nuclear weapons acquisition process.
(2) In the case of funds for activities described
in subparagraph (B) or (D) of subsection (a)(2), a
dedicated line item for each such activity for a new
nuclear weapon or modified nuclear weapon that is
in phase 3 or higher or phase 6.3 or higher, as the
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case may be, of the nuclear weapons acquisition proc-
ess.
(c) EXCEPTION.—Subsections (a) shall not apply to
funds for purposes of conducting, or providing for the con-
duct of, research and development, or manufacturing and
engineering, determined by the Secretary to be necessary—
(1) for the nuclear weapons life extension pro-
gram;
(2) to modify an existing nuclear weapon solely
to address safety or reliability concerns; or
(3) to address proliferation concerns.
(d) CONSTRUCTION WITH PROHIBITION ON RESEARCH
AND DEVELOPMENT ON LOW-YIELD NUCLEAR WEAPONS.—
Nothing in this section may be construed to modify, repeal,
or in any way affect the provisions of section 3136 of the
National Defense Authorization Act for Fiscal Year 1994
(Public Law 103–160; 107 Stat. 1946; 42 U.S.C. 2121
note), relating to prohibitions on research and development
on low-yield nuclear weapons.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘life extension program’’ means the
program to repair or replace non-nuclear components,
or to modify the pit or canned subassembly, of nu-
clear weapons in the nuclear weapons stockpile on the
date of the enactment of this Act in order to assure
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that such nuclear weapons retain the ability to meet
the military requirements applicable to such nuclear
weapons when first placed in the nuclear weapons
stockpile.
(2) The term ‘‘modified nuclear weapon’’ means
a nuclear weapon that contains a pit or canned sub-
assembly, either of which—
(A) is in the nuclear weapons stockpile as
of the date of the enactment of this Act; and
(B) is being modified in order to meet a
military requirement that is other than the mili-
tary requirements applicable to such nuclear
weapon when first placed in the nuclear weapons
stockpile.
(3) The term ‘‘new nuclear weapon’’ means a
nuclear weapon that contains a pit or canned sub-
assembly, either of which is neither—
(A) in the nuclear weapons stockpile on the
date of the enactment of this Act; nor
(B) in production as of that date.
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SEC. 3135. REQUIREMENT FOR AUTHORIZATION BY LAW
FOR FUNDS OBLIGATED OR EXPENDED FOR
DEPARTMENT OF ENERGY NATIONAL SECU-
RITY ACTIVITIES.
Section 660 of the Department of Energy Organization
Act (42 U.S.C. 7270) is amended—
(1) by inserting ‘‘(a)’’ before ‘‘Appropriations’’;
and
(2) by adding at the end the following new sub-
section:
‘‘(b)(1) No funds for the Department may be obligated
or expended for—
‘‘(A) national security programs and activities
of the Department; or
‘‘(B) activities under the Atomic Energy Act of
1954 (42 U.S.C. 2012 et seq.);
unless funds therefor have been specifically authorized by
law.
‘‘(2) Nothing in paragraph (1) may be construed to
preclude the requirement under subsection (a), or under any
other provision of law, for an authorization of appropria-
tions for programs and activities of the Department (other
than programs and activities covered by that paragraph)
as a condition to the obligation and expenditure of funds
for programs and activities of the Department (other than
programs and activities covered by that paragraph).’’.
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SEC. 3136. LIMITATION ON AVAILABILITY OF FUNDS FOR
PROGRAM TO ELIMINATE WEAPONS GRADE
PLUTONIUM PRODUCTION IN RUSSIA.
(a) LIMITATION.—Of the amounts authorized to be ap-
propriated by this title for the program to eliminate weap-
ons grade plutonium production, the Administrator for Nu-
clear Security may not obligate or expend more than
$100,000,000 for that program until 30 days after the date
on which the Administrator submits to the congressional de-
fense committees a copy of an agreement entered into be-
tween the United States Government and the Government
of the Russian Federation to shut down the three pluto-
nium-producing reactors in Russia.
(b) AGREEMENT ELEMENTS.—The agreement under
subsection (a)—
(1) shall contain—
(A) a commitment to shut down the three
plutonium-producing reactors;
(B) the date on which each such reactor will
be shut down;
(C) a schedule and milestones for each such
reactor to complete the shut down of such reactor
by the date specified under subparagraph (B);
(D) an arrangement for access to sites and
facilities necessary to meet such schedules and
milestones; and
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(E) an arrangement for audit and exam-
ination procedures in order to evaluate progress
in meeting such schedules and milestones; and
(2) may include cost sharing arrangements.
Subtitle D—Proliferation Matters
SEC. 3151. ADMINISTRATION OF PROGRAM TO ELIMINATE
WEAPONS GRADE PLUTONIUM PRODUCTION
IN RUSSIA.
(a) TRANSFER OF PROGRAM TO DEPARTMENT OF EN-
ERGY.—The program to eliminate weapons grade pluto-
nium production in Russia shall be transferred from the
Department of Defense to the Department of Energy.
(b) TRANSFER OF ASSOCIATED FUNDS.—(1) Notwith-
standing any restriction or limitation in law on the avail-
ability of Cooperative Threat Reduction funds specified in
paragraph (2), the Cooperative Threat Reduction funds
specified in that paragraph that are available for the pro-
gram referred to in subsection (a) shall be transferred from
the Department of Defense to the Department of Energy.
(2) The Cooperative Threat Reduction funds specified
in this paragraph are the following:
(A) Fiscal year 2002 Cooperative Threat Reduc-
tion funds, as specified in section 1301(b) of the Na-
tional Defense Authorization Act for Fiscal Year 2002
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(Public Law 107–107; 115 Stat. 1254; 22 U.S.C.
5952 note).
(B) Fiscal year 2001 Cooperative Threat Reduc-
tion funds, as specified in section 1301(b) 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–339).
(C) Fiscal year 2000 Cooperative Threat Reduc-
tion funds, as specified in section 1301(b) of the Na-
tional Defense Authorization Act for Fiscal Year 2000
(Public Law 106–65; 113 Stat. 792; 22 U.S.C. 5952
note).
(c) AVAILABILITY OF TRANSFERRED FUNDS.—(1) Not-
withstanding any restriction or limitation in law on the
availability of Cooperative Threat Reduction funds speci-
fied in subsection (b)(2), the Cooperative Threat Reduction
funds transferred under subsection (b) for the program re-
ferred to in subsection (a) shall be available for activities
as follows:
(A) To design and construct, refurbish, or both,
fossil fuel energy plants in Russia that provide alter-
native sources of energy to the energy plants in Rus-
sia that produce weapons grade plutonium.
(B) To carry out limited safety upgrades of not
more than three energy plants in Russia that produce
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weapons grade plutonium in order to permit the shut-
down of such energy plants and eliminate the produc-
tion of weapons grade plutonium in such energy
plants.
(2) Amounts available under paragraph (1) for activi-
ties referred to in that paragraph shall remain available
for such activities until expended.
SEC. 3152. REPEAL OF REQUIREMENT FOR REPORTS ON OB-
LIGATION OF FUNDS FOR PROGRAMS ON
FISSILE MATERIALS IN RUSSIA.
Section 3131 of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat.
617; 22 U.S.C. 5952 note) is amended—
(1) in subsection (a), by striking ‘‘(a) AUTHOR-
ITY.—’’; and
(2) by striking subsection (b).
SEC. 3153. EXPANSION OF ANNUAL REPORTS ON STATUS OF
NUCLEAR 
MATERIALS 
PROTECTION, 
CON-
TROL, AND ACCOUNTING PROGRAMS.
(a) COVERED PROGRAMS.—Subsection (a) of section
3171 of the Floyd D. Spence National Defense Authoriza-
tion Act for Fiscal Year 2001 (as enacted into law by Public
Law 106–398; 114 Stat. 1654A–475) is amended by strik-
ing ‘‘Russia that’’ and inserting ‘‘countries where such ma-
terials’’.
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(b) REPORT CONTENTS.—Subsection (b) of that section
is amended—
(1) in paragraph (1) by inserting ‘‘in each coun-
try covered by subsection (a)’’ after ‘‘locations,’’;
(2) in paragraph (2), by striking ‘‘in Russia’’
and inserting ‘‘in each such country’’;
(3) in paragraph (3), by inserting ‘‘in each such
country’’ after ‘‘subsection (a)’’; and
(4) in paragraph (5), by striking ‘‘by total
amount and by amount per fiscal year’’ and inserting
‘‘by total amount per country and by amount per fis-
cal year per country’’.
SEC. 3154. TESTING OF PREPAREDNESS FOR EMERGENCIES
INVOLVING NUCLEAR, RADIOLOGICAL, CHEM-
ICAL, OR BIOLOGICAL WEAPONS.
(a) EXTENSION OF TESTING.—Section 1415 of the De-
fense Against Weapons of Mass Destruction Act of 1996
(title XIV of Public Law 104–201; 110 Stat. 2720; 50
U.S.C. 2315) is amended—
(1) in subsection (a)(2), by striking ‘‘of five suc-
cessive fiscal years beginning with fiscal year 1997’’
and inserting ‘‘of fiscal years 1997 through 2013’’;
and
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(2) in subsection (b)(2), by striking ‘‘of five suc-
cessive fiscal years beginning with fiscal year 1997’’
and inserting ‘‘of fiscal years 1997 through 2013’’.
(b) CONSTRUCTION OF EXTENSION WITH DESIGNA-
TION OF ATTORNEY GENERAL AS LEAD OFFICIAL.—The
amendment made by subsection (a) may not be construed
as modifying the designation of the President entitled ‘‘Des-
ignation of the Attorney General as the Lead Official for
the Emergency Response Assistance Program Under Sec-
tions 1412 and 1415 of the National Defense Authorization
Act for Fiscal Year 1997’’, dated April 6, 2000, designating
the Attorney General to assume programmatic and funding
responsibilities for the Emergency Response Assistance Pro-
gram under sections 1412 and 1415 of the Defense Against
Weapons of Mass Destruction Act of 1996.
SEC. 3155. PROGRAM ON RESEARCH AND TECHNOLOGY FOR
PROTECTION FROM NUCLEAR OR RADIO-
LOGICAL TERRORISM.
(a) PROGRAM REQUIRED.—(1) The Administrator for
Nuclear Security shall carry out a program on research and
technology for protection from nuclear or radiological ter-
rorism, including technology for the detection (particularly
as border crossings and ports of entry), identification, as-
sessment, control, disposition, consequence management,
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and consequence mitigation of the dispersal of radiological
materials or of nuclear terrorism.
(2) The Administrator shall carry out the program as
part of the support of the Administrator for homeland secu-
rity and counterterrorism within the National Nuclear Se-
curity Administration
(b) PROGRAM ELEMENTS.—In carrying out the pro-
gram required by subsection (a), the Administrator shall—
(1) provide for the development of technologies to
respond to threats or incidents involving nuclear or
radiological terrorism in the United States;
(2) demonstrate applications of the technologies
developed under paragraph (1), including joint dem-
onstrations with the Office of Homeland Security and
other appropriate Federal agencies;
(3) provide, where feasible, for the development
in cooperation with the Russian Federation of tech-
nologies to respond to nuclear or radiological ter-
rorism in the former states of the Soviet Union, in-
cluding the demonstration of technologies so devel-
oped;
(4) provide, where feasible, assistance to other
countries on matters relating to nuclear or radio-
logical terrorism, including—
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(A) the provision of technology and assist-
ance on means of addressing nuclear or radio-
logical incidents;
(B) the provision of assistance in developing
means for the safe disposal of radioactive mate-
rials;
(C) in coordination with the Nuclear Regu-
latory Commission, the provision of assistance in
developing the regulatory framework for licens-
ing and developing programs for the protection
and control of radioactive sources; and
(D) the provision of assistance in evalu-
ating the radiological sources identified as not
under current accounting programs in the report
of the Inspector General of the Department of
Energy entitled ‘‘Accounting for Sealed Sources
of Nuclear Material Provided to Foreign Coun-
tries’’, and in identifying and controlling radio-
logical sources that represent significant risks;
and
(5) in coordination with the Office of Environ-
ment, Safety, and Health of the Department of En-
ergy, the Department of Commerce, and the Inter-
national Atomic Energy Agency, develop consistent
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criteria for screening international transfers of radio-
logical materials.
(c) REQUIREMENTS FOR INTERNATIONAL ELEMENTS
OF PROGRAM.—(1) In carrying out activities in accordance
with paragraphs (3) and (4) of subsection (b), the Adminis-
trator shall consult with—
(A) the Secretary of Defense, Secretary of State,
and Secretary of Commerce; and
(B) the International Atomic Energy Agency.
(2) The Administrator shall encourage joint leadership
between the United States and the Russian Federation of
activities on the development of technologies under sub-
section (b)(4).
(d) INCORPORATION OF RESULTS IN EMERGENCY RE-
SPONSE ASSISTANCE PROGRAM.—To the maximum extent
practicable, the technologies and information developed
under the program required by subsection (a) shall be incor-
porated into the program on responses to emergencies in-
volving nuclear and radiological weapons carried out under
section 1415 of the Defense Against Weapons of Mass De-
struction Act of 1996 (title XIV of Public Law 104–201;
50 U.S.C. 2315).
(e) AMOUNT FOR ACTIVITIES.—Of the amount author-
ized to be appropriated by section 3101(2) for the Depart-
ment of Energy for the National Nuclear Security Adminis-
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tration for defense nuclear nonproliferation and available
for the development of a new generation of radiation detec-
tors for homeland defense, up to $15,000,000 shall be avail-
able for carrying out this section.
SEC. 3156. EXPANSION OF INTERNATIONAL MATERIALS
PROTECTION, CONTROL, AND ACCOUNTING
PROGRAM.
(a) EXPANSION OF PROGRAM TO ADDITIONAL COUN-
TRIES AUTHORIZED.—The Secretary of Energy may ex-
pand the International Materials Protection, Control, and
Accounting (MPC&A) program of the Department of En-
ergy to encompass countries outside the Russian Federation
and the independent states of the former Soviet Union.
(b) NOTICE TO CONGRESS OF USE OF FUNDS FOR AD-
DITIONAL COUNTRIES.—Not later than 30 days after the
Secretary obligates funds for the International Materials
Protection, Control, and Accounting program, as expanded
under subsection (a), for activities in or with respect to a
country outside the Russian Federation and the inde-
pendent states of the former Soviet Union, the Secretary
shall submit to Congress a notice of the obligation of such
funds for such activities.
(c) ASSISTANCE TO DEPARTMENT OF STATE FOR NU-
CLEAR MATERIALS SECURITY PROGRAMS.—(1) As part of
the International Materials Protection, Control, and Ac-
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counting program, the Secretary of Energy may provide
technical assistance to the Secretary of State in the efforts
of the Secretary of State to assist other nuclear weapons
states to review and improve their nuclear materials secu-
rity programs.
(2) The technical assistance provided under paragraph
(1) may include the sharing of technology or methodologies
to the states referred to in that paragraph. Any such shar-
ing shall—
(A) be consistent with the treaty obligations of
the United States; and
(B) take into account the sovereignty of the state
concerned and its weapons programs, as well the sen-
sitivity of any information involved regarding United
States weapons or weapons systems.
(3) The Secretary of Energy may include the Russian
Federation in activities under paragraph (1) if the Sec-
retary determines that the experience of the Russian Fed-
eration under the International Materials Protection, Con-
trol, and Accounting program with the Russian Federation
would make the participation of the Russian Federation in
such activities useful in providing technical assistance
under that paragraph.
(d) PLAN FOR ACCELERATED CONVERSION OR RETURN
OF WEAPONS-USABLE NUCLEAR MATERIALS.—(1) The Sec-
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retary shall develop a plan to accelerate the conversion or
return to the country of origin of all weapons-usable nuclear
materials located in research reactors and other facilities
outside the country of origin.
(2) The plan under paragraph (1) for nuclear mate-
rials of origin in the Soviet Union shall be developed in
consultation with the Russian Federation.
(3) As part of the plan under paragraph (1), the Sec-
retary shall identify the funding and schedules required to
assist the research reactors and facilities referred to in that
paragraph in upgrading their materials protection, control,
and accounting procedures until the weapons-usable nu-
clear materials in such reactors and facilities are converted
or returned in accordance with that paragraph.
(4) The provision of assistance under paragraph (3)
shall be closely coordinated with ongoing efforts of the Inter-
national Atomic Energy Agency for the same purpose.
(e) RADIOLOGICAL DISPERSAL DEVICE MATERIALS
PROTECTION, CONTROL, AND ACCOUNTING.—(1) The Sec-
retary shall establish within the International Materials
Protection, Control, and Accounting program a program on
the protection, control, and accounting of materials usable
in radiological dispersal devices.
(2) The program under paragraph (1) shall include—
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(A) an identification of vulnerabilities regarding
radiological materials worldwide;
(B) the mitigation of vulnerabilities so identified
through appropriate security enhancements; and
(C) an acceleration of efforts to recover and con-
trol diffused radiation sources and ‘orphaned’’ radio-
logical sources that are of sufficient strength to rep-
resent a significant risk.
(3) The program under paragraph (1) shall be known
as the Radiological Dispersal Device Materials Protection,
Control, and Accounting program.
(f) STUDY OF PROGRAM TO SECURE CERTAIN RADIO-
LOGICAL MATERIALS.—(1) The Secretary, acting through
the Administrator for Nuclear Security, shall require the
Office of International Materials Protection, Control, and
Accounting of the Department of Energy to conduct a study
to determine the feasibility and advisability of developing
a program to secure radiological materials outside the
United States that pose a threat to the national security
of the United States.
(2) The study under paragraph (1) shall include the
following:
(A) An identification of the categories of radio-
logical materials that are covered by that paragraph,
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including an order of priority for securing each cat-
egory of such radiological materials.
(B) An estimate of the number of sites at which
such radiological materials are present.
(C) An assessment of the effort required to secure
such radiological materials at such sites, including—
(i) a description of the security upgrades, if
any, that are required at such sites;
(ii) an assessment of the costs of securing
such radiological materials at such sites;
(iii) a description of any cost-sharing ar-
rangements to defray such costs;
(iv) a description of any legal impediments
to such effort, including a description of means
of overcoming such impediments; and
(v) a description of the coordination re-
quired for such effort among appropriate United
States Government entities (including the Nu-
clear Regulatory Commission), participating
countries, and international bodies (including
the International Atomic Energy Agency).
(D) A description of the pilot project undertaken
in Russia.
(3) In identifying categories of radiological materials
under paragraph (2)(A), the Secretary shall take into ac-
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count matters relating to specific activity, half-life, radi-
ation type and energy, attainability, difficulty of handling,
and toxicity, and such other matters as the Secretary con-
siders appropriate.
(4) Not later than one year after the date of the enact-
ment of this Act, the Secretary shall submit to Congress a
report on the study conducted under this subsection. The
report shall include the matters specified under paragraph
(2) and such other matters, including recommendations, as
the Secretary considers appropriate as a result of the study.
(5) In this subsection, the term ‘‘radiological material’’
means any radioactive material, other than plutonium (Pu)
or uranium enriched above 20 percent uranium–235.
(g) AMENDMENT OF CONVENTION ON PHYSICAL PRO-
TECTION OF NUCLEAR MATERIAL.—(1) It is the sense of
Congress that the President should encourage amendment
of the Convention on the Physical Protection of Nuclear Ma-
terials in order to provide that the Convention shall—
(A) apply to both the domestic and international
use and transport of nuclear materials;
(B) incorporate fundamental practices for the
physical protection of such materials; and
(C) address protection against sabotage involving
nuclear materials.
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(2) In this subsection, the term ‘‘Convention on the
Physical Protection of Nuclear Materials’’ means the Con-
vention on the Physical Protection of Nuclear Materials,
With Annex, done at Vienna on October 26, 1979.
(h) AMOUNT FOR ACTIVITIES.—Of the amount author-
ized to be appropriated by section 3102(2) for the Depart-
ment of Energy for the National Nuclear Security Adminis-
tration for defense nuclear nonproliferation, up to
$5,000,000 shall be available for carrying out this section.
SEC. 3157. ACCELERATED DISPOSITION OF HIGHLY EN-
RICHED URANIUM AND PLUTONIUM.
(a) SENSE OF CONGRESS ON PROGRAM TO SECURE
STOCKPILES OF HIGHLY ENRICHED URANIUM AND PLUTO-
NIUM.—(1) It is the sense of Congress that the Secretary
of Energy, in consultation with the Secretary of State and
Secretary of Defense, should develop a comprehensive pro-
gram of activities to encourage all countries with nuclear
materials to adhere to, or to adopt standards equivalent to,
the International Atomic Energy Agency standard on The
Physical Protection of Nuclear Material and Nuclear Fa-
cilities (INFCIRC/225/Rev.4), relating to the security of
stockpiles of highly enriched uranium (HEU) and pluto-
nium (Pu).
(2) To the maximum extent practicable, the program
should be developed in consultation with the Russian Fed-
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eration, other Group of 8 countries, and other allies of the
United States.
(3) Activities under the program should include spe-
cific, targeted incentives intended to encourage countries
that cannot undertake the expense of conforming to the
standard referred to in paragraph (1) to relinquish their
highly enriched uranium (HEU) or plutonium (Pu), in-
cluding incentives in which a country, group of countries,
or international body—
(A) purchase such materials and provide for
their security (including by removal to another loca-
tion);
(B) undertake the costs of decommissioning fa-
cilities that house such materials;
(C) in the case of research reactors, convert such
reactors to low-enriched uranium reactors; or
(D) upgrade the security of facilities that house
such materials in order to meet stringent security
standards that are established for purposes of the pro-
gram based upon agreed best practices.
(b) PROGRAM
ON ACCELERATED DISPOSITION
OF
HEU AUTHORIZED.—(1) The Secretary of Energy may
carry out a program to pursue with the Russian Federa-
tion, and any other nation that possesses highly enriched
uranium, options for blending such uranium so that the
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concentration of U–235 in such uranium is below 20 per-
cent.
(2) The options pursued under paragraph (1) shall in-
clude expansion of the Material Consolidation and Conver-
sion program of the Department of Energy to include—
(A) additional facilities for the blending of high-
ly enriched uranium; and
(B) additional centralized secure storage facili-
ties for highly enriched uranium designated for blend-
ing.
(c) INCENTIVES REGARDING HIGHLY ENRICHED URA-
NIUM IN RUSSIA.—As part of the options pursued under
subsection (b) with the Russian Federation, the Secretary
may provide financial and other incentives for the removal
of all highly enriched uranium from any particular facility
in the Russian Federation if the Secretary determines that
such incentives will facilitate the consolidation of highly en-
riched uranium in the Russian Federation to the best-se-
cured facilities.
(d) CONSTRUCTION WITH HEU DISPOSITION AGREE-
MENT.—Nothing in this section may be construed as termi-
nating, modifying, or otherwise effecting requirements for
the disposition of highly enriched uranium under the Agree-
ment Between the Government of the United States of
America and the Government of the Russian Federation
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Concerning the Disposition of Highly Enriched Uranium
Extracted from Nuclear Weapons, signed at Washington on
February 18, 1993.
(e) PRIORITY IN BLENDING ACTIVITIES.—In pursuing
options under this section, the Secretary shall give priority
to the blending of highly enriched uranium from weapons,
though highly enriched uranium from sources other than
weapons may also be blended.
(f) TRANSFER OF HIGHLY ENRICHED URANIUM AND
PLUTONIUM TO UNITED STATES.—(1) As part of the pro-
gram under subsection (b), the Secretary may, upon the re-
quest of any nation—
(A) purchase highly enriched uranium or weap-
ons grade plutonium from the nation at a price deter-
mined by the Secretary;
(B) transport any uranium or plutonium so
purchased to the United States; and
(C) store any uranium or plutonium so trans-
ported in the United States.
(2) The Secretary is not required to blend any highly
enriched uranium purchased under paragraph (1)(A) in
order to reduce the concentration of U–235 in such uranium
to below 20 percent. Amounts authorized to be appropriated
by subsection (m) may not be used for purposes of blending
such uranium.
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(g) TRANSFER OF HIGHLY ENRICHED URANIUM TO
RUSSIA.—(1) As part of the program under subsection (b),
the Secretary may encourage nations with highly enriched
uranium to transfer such uranium to the Russian Federa-
tion for disposition under this section.
(2) The Secretary may pay any nation that transfers
highly enriched uranium to the Russian Federation under
this subsection an amount determined appropriate by the
Secretary.
(3) The Secretary may bear the cost of any blending
and storage of uranium transferred to the Russian Federa-
tion under this subsection, including any costs of blending
and storage under a contract under subsection (h). Any site
selected for such storage shall have undergone complete ma-
terials protection, control, and accounting upgrades before
the commencement of such storage.
(h) CONTRACTS
FOR BLENDING
AND STORAGE
OF
HIGHLY ENRICHED URANIUM IN RUSSIA.—(1) As part of
the program under subsection (b), the Secretary may enter
into one or more contracts with the Russian Federation—
(A) to blend in the Russian Federation highly
enriched uranium of the Russian Federation and
highly enriched uranium transferred to the Russian
Federation under subsection (g); or
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(B) to store in the Russian Federation highly en-
riched uranium before blending or the blended mate-
rial.
(2) Any site selected for the storage of uranium or
blended material under paragraph (1)(B) shall have under-
gone complete materials protection, control, and accounting
upgrades before the commencement of such storage.
(i) LIMITATION ON RELEASE FOR SALE OF BLENDED
URANIUM.—Uranium blended under this section may not
be released for sale until the earlier of—
(1) January 1, 2014; or
(2) the date on which the Secretary certifies that
such uranium can be absorbed into the global market
without undue disruption to the uranium mining in-
dustry in the United States.
(j) PROCEEDS OF SALE OF URANIUM BLENDED BY
RUSSIA.—Upon the sale by the Russian Federation of ura-
nium blended under this section by the Russian Federation,
the Secretary may elect to receive from the proceeds of such
sale an amount not to exceed 75 percent of the costs in-
curred by the Department of Energy under subsections (c),
(g), and (h).
(k) REPORT ON STATUS OF PROGRAM.—Not later than
July 1, 2003, the Secretary shall submit to Congress a re-