H. R. 4546—276
of six months, 12 months, 18 months, and 24 months for resumption
by the United States of underground nuclear weapons tests.
(b) READINESS POSTURE.—For purposes of this section, a readi-
ness posture of a specified number of months 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 the specified number of months after the date on which the
President so directs.
(c) REPORT.—The Secretary shall include with the budget jus-
tification materials submitted to Congress in support of the Depart-
ment of Energy budget for fiscal year 2004 (as submitted with
the budget of the President under section 1105(a) of title 31, United
States Code) a report on the plans required by subsection (a).
The report shall include—
(1) an assessment of the current readiness posture for
resumption by the United States of underground nuclear
weapons tests;
(2) the plans required by subsection (a) and, for each such
plan, the estimated cost for implementing such plan and an
estimate of the annual cost of maintaining the readiness posture
to which the plan relates; and
(3) the recommendation of the Secretary, developed in con-
sultation with the Secretary of Defense, as to the optimal
readiness posture for resumption by the United States of under-
ground nuclear weapons tests, including the basis for that
recommendation.
SEC. 3143. REQUIREMENTS FOR SPECIFIC REQUEST FOR NEW OR
MODIFIED NUCLEAR WEAPONS.
(a) REQUIREMENT
FOR REQUEST
FOR FUNDS
FOR DEVELOP-
MENT.—(1) In any fiscal year after fiscal year 2002 in which the
Secretary of Energy plans to carry out activities described in para-
graph (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 research and
development which could lead to the production of a new
nuclear weapon by the United States.
(B) The conduct, or provision for conduct, of engineering
or manufacturing to carry out the production of a new nuclear
weapon by the United States.
(C) The conduct, or provision for conduct, of research and
development which could lead to the production of a modified
nuclear weapon by the United States.
(D) The conduct, or provision for conduct, of engineering
or manufacturing to carry out the production 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 following:
(1) In the case of funds for activities described in subpara-
graph (A) or (C) of subsection (a)(2), a single dedicated line
item for all such activities for new nuclear weapons or modified
nuclear weapons that are in phase 1, 2, or 2A or phase 6.1,
6.2, or 6.2A (as the case may be), or any concept work prior
H. R. 4546—277
to phase 1 or 6.1 (as the case may be), of the nuclear weapons
acquisition process.
(2) In the case of funds for activities described in subpara-
graph (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 case may be) of the nuclear weapons acquisi-
tion process.
(c) EXCEPTION.—Subsection (a) shall not apply to funds for
purposes of conducting, or providing for the conduct of, research
and development, or manufacturing and engineering, determined
by the Secretary to be necessary—
(1) for the nuclear weapons life extension program;
(2) to modify an existing nuclear weapon solely to address
safety or reliability concerns; or
(3) to address proliferation concerns.
(d) 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 nuclear weapons that are in
the nuclear weapons stockpile on the date of the enactment
of this Act in order to assure 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 subassembly, 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 military 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 subassembly, 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.
SEC. 3144. DATABASE TO TRACK NOTIFICATION AND RESOLUTION
PHASES OF SIGNIFICANT FINDING INVESTIGATIONS.
(a) AVAILABILITY OF FUNDS FOR DATABASE.—Amounts author-
ized to be appropriated by section 3101(a)(1) for the National
Nuclear Security Administration for weapons activities shall be
available to the Deputy Administrator for Nuclear Security for
Defense Programs for the development and implementation of a
database for all national security laboratories to track the notifica-
tion and resolution phases of Significant Finding Investigations
(SFIs). The purpose of the database is to facilitate the monitoring
of the progress and accountability of the national security labora-
tories in Significant Finding Investigations.
(b) IMPLEMENTATION DEADLINE.—The database required by sub-
section (a) shall be implemented not later than September 30,
2003.
H. R. 4546—278
(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. 
3145. 
DEFENSE 
ENVIRONMENTAL 
MANAGEMENT 
CLEANUP
REFORM PROGRAM.
(a) PROGRAM REQUIRED.—From funds made available pursuant
to section 3102(a)(2) for defense environmental management
cleanup reform, the Secretary of Energy shall carry out a program
to reform DOE environmental management activities. In carrying
out the program, the Secretary shall allocate, to each site for
which the Secretary has submitted to the congressional defense
committees a site performance management plan, the amount of
those funds that such plan requires.
(b) TRANSFER AND MERGER OF FUNDS.—(1) Funds so allocated
shall, notwithstanding section 3624, be transferred to the account
for DOE environmental management activities and, subject to para-
graph (2) and 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 provided by section 3629 shall apply
to funds so transferred.
(2) No funds so allocated may be obligated or expended until
30 days after the Secretary submits to the congressional defense
committees a description of the activities to be carried out at each
site to which funds are so allocated.
(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 respect to the site
may be used only to carry out the site performance management
plan for the site.
(d) SITE PERFORMANCE MANAGEMENT PLAN DEFINED.—For pur-
poses of this section, a site performance management plan for
a site is a plan, agreed to by the applicable Federal and State
agencies with regulatory jurisdiction with respect to the site, for
the performance of activities to accelerate the reduction of environ-
mental risk in connection with, and to accelerate the environmental
cleanup of, the site.
(e) DOE ENVIRONMENTAL MANAGEMENT ACTIVITIES DEFINED.—
For purposes of this section, the term ‘‘DOE environmental manage-
ment activities’’ means environmental restoration and waste
management activities of the Department of Energy in carrying
out programs necessary for national security.
SEC. 3146. LIMITATION ON OBLIGATION OF FUNDS FOR ROBUST
NUCLEAR EARTH PENETRATOR PROGRAM PENDING
SUBMISSION OF REPORT.
(a) REPORT-AND-WAIT REQUIREMENT.—None of the funds made
available to the Secretary of Energy for fiscal year 2003 for the
Robust Nuclear Earth Penetrator program may be obligated until—
(1) the Secretary of Defense submits to the Committees
on Armed Services of the Senate and House of Representatives
a report described in subsection (b); and
(2) a period of 30 days has passed after such report is
received by those committees.
(b) REPORT.—A report under subsection (a)(1) is a report on
the Robust Nuclear Earth Penetrator program, prepared by the
H. R. 4546—279
Secretary of Defense in consultation with the Secretary of Energy,
that sets forth the following:
(1) The military requirements for the Robust Nuclear Earth
Penetrator.
(2) The nuclear weapons employment policy regarding the
Robust Nuclear Earth Penetrator.
(3) A detailed description of the categories or types of
targets that the Robust Nuclear Earth Penetrator is designed
to hold at risk.
(4) An assessment of the ability of conventional weapons
to defeat the same categories and types of targets as are
described pursuant to paragraph (3).
Subtitle C—Proliferation Matters
SEC. 3151. TRANSFER TO NATIONAL NUCLEAR SECURITY ADMINISTRA-
TION OF DEPARTMENT OF DEFENSE’S COOPERATIVE
THREAT REDUCTION PROGRAM RELATING TO ELIMI-
NATION OF WEAPONS GRADE PLUTONIUM PRODUCTION
IN RUSSIA.
(a) TRANSFER OF PROGRAM.—There are hereby transferred to
the Administrator for Nuclear Security the following:
(1) The program, within the Cooperative Threat Reduction
program of the Department of Defense, relating to the elimi-
nation of weapons grade plutonium production in Russia.
(2) All functions, powers, duties, and activities of that
program performed before the date of the enactment of this
Act by the Department of Defense.
(b) TRANSFER OF ASSETS.—(1) Notwithstanding any restriction
or limitation in law on the availability of Cooperative Threat Reduc-
tion funds specified in paragraph (2), so much of the property,
records, and unexpended balances of appropriations, allocations,
and other funds employed, used, held, available, or to be made
available in connection with the program transferred by subsection
(a) are transferred to the Administrator for use in connection with
the program transferred.
(2) The Cooperative Threat Reduction funds specified in this
paragraph are the following:
(A) Fiscal year 2002 Cooperative Threat Reduction funds,
as specified in section 1301(b) of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107–107;
115 Stat. 1254; 22 U.S.C. 5952 note).
(B) Fiscal year 2001 Cooperative Threat Reduction 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; 22
U.S.C. 5959 note).
(C) Fiscal year 2000 Cooperative Threat Reduction funds,
as specified in section 1301(b) of the National 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) Notwithstanding
any restriction or limitation in law on the availability of Cooperative
Threat Reduction funds specified in subsection (b)(2), the Coopera-
tive Threat Reduction funds transferred under subsection (b) for
H. R. 4546—280
the program referred 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 alternative sources of
energy to the energy plants in Russia that produce weapons
grade plutonium.
(B) To carry out limited safety upgrades of not more than
three energy plants in Russia that produce weapons grade
plutonium, provided that such upgrades do not extend the
life of those plants.
(2) Amounts available under paragraph (1) for activities
referred to in that paragraph shall remain available for obligation
for three fiscal years.
(d) LIMITATION.—(1) Of the amounts authorized to be appro-
priated by this title or any other Act for the program referred
to in subsection (a), the Administrator for Nuclear Security may
not obligate any funds for construction, or obligate or expend more
than $100,000,000 for that program, until 30 days after the later
of—
(A) the date on which the Administrator submits to the
congressional defense committees, the Committee on Inter-
national Relations of the House of Representatives, and the
Committee on Foreign Relations of the Senate, a copy of an
agreement or agreements entered into between the United
States Government and the Government of the Russian Federa-
tion to shut down the three plutonium-producing reactors in
Russia as specified under paragraph (2); and
(B) the date on which the Administrator submits to the
committees specified in subparagraph (A) a report on a plan
to achieve international participation in the program referred
to in subsection (a), including cost sharing.
(2) The agreement (or agreements) under paragraph (1)(A) shall
contain—
(A) a commitment to shut down the three plutonium-pro-
ducing 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 shutdown of such reactor by the date specified
under subparagraph (B);
(D) a schedule and milestones for refurbishment or
construction of fossil fuel energy plants to be undertaken by
the Government of the Russian Federation in support of the
program;
(E) an arrangement for access to sites and facilities nec-
essary to meet such schedules and milestones;
(F) an arrangement for audit and examination procedures
in order to evaluate progress in meeting such schedules and
milestones; and
(G) any cost sharing arrangements between the United
States Government and the Government of the Russian Federa-
tion in undertaking activities under such agreement (or agree-
ments).
H. R. 4546—281
SEC. 3152. REPEAL OF REQUIREMENT FOR REPORTS ON OBLIGATION
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) AUTHORITY.—’’; and
(2) by striking subsection (b).
SEC. 3153. EXPANSION OF ANNUAL REPORTS ON STATUS OF NUCLEAR
MATERIALS PROTECTION, CONTROL, AND ACCOUNTING
PROGRAMS.
(a) COVERED PROGRAMS.—Subsection (a) of section 3171 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–475; 22 U.S.C. 5952 note) is amended by striking ‘‘Russia
that’’ and inserting ‘‘countries where such materials’’.
(b) REPORT
CONTENTS.—Subsection (b) of that section is
amended—
(1) in paragraph (1) by inserting ‘‘in each country 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 fiscal year per country’’.
SEC. 
3154. 
TESTING 
OF 
PREPAREDNESS 
FOR 
EMERGENCIES
INVOLVING NUCLEAR, RADIOLOGICAL, CHEMICAL, OR
BIOLOGICAL WEAPONS.
(a) EXTENSION
OF TESTING.—Section 1415 of the Defense
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 successive fiscal
years beginning with fiscal year 1997’’ and inserting ‘‘of fiscal
years 1997 through 2013’’; and
(2) in subsection (b)(2), by striking ‘‘of five successive fiscal
years beginning with fiscal year 1997’’ and inserting ‘‘of fiscal
years 1997 through 2013’’.
(b) CONSTRUCTION
OF
EXTENSION
WITH
DESIGNATION
OF
ATTORNEY GENERAL AS LEAD OFFICIAL.—The amendments made
by subsection (a) may not be construed as modifying the designation
of the President titled ‘‘Designation of the Attorney General as
the Lead Official for the Emergency Response Assistance Program
Under Sections 1412 and 1415 of the National Defense Authoriza-
tion Act for Fiscal Year 1997’’, dated April 6, 2000, designating
the Attorney General to assume programmatic and funding respon-
sibilities for the Emergency Response Assistance Program under
sections 1412 and 1415 of the Defense Against Weapons of Mass
Destruction Act of 1996 (title XIV of the National Defense
Authorization Act for Fiscal Year 1997).
H. R. 4546—282
SEC. 3155. COOPERATIVE PROGRAM ON RESEARCH, DEVELOPMENT,
AND DEMONSTRATION OF TECHNOLOGY REGARDING
NUCLEAR OR RADIOLOGICAL TERRORISM.
(a) PROGRAM REQUIRED.—The Administrator for Nuclear Secu-
rity shall carry out with the Russian Federation a cooperative
program on the research, development, and demonstration of tech-
nologies for protection from and response to nuclear or radiological
terrorism.
(b) PROGRAM ELEMENTS.—In carrying out the program required
by subsection (a), the Administrator shall—
(1) conduct research and development of technology for
protection from nuclear or radiological terrorism, including
technology for the detection, identification, assessment, control,
and disposition of radiological materials that could be used
for nuclear terrorism; and
(2) provide, where feasible, for the demonstration to other
countries of technologies or methodologies on matters relating
to nuclear or radiological terrorism, including—
(A) the demonstration of technologies developed under
the program to respond to nuclear or radiological terrorism;
(B) the demonstration of technologies developed under
the program for the disposal of radioactive materials;
(C) the demonstration of methodologies developed
under the program for use in evaluating the radiological
threat of radiological sources identified as not under cur-
rent accounting programs in the audit report of the
Inspector General of the Department of Energy titled
‘‘Accounting for Sealed Sources of Nuclear Material Pro-
vided to Foreign Countries’’ (DOE/IG–0546);
(D) in coordination with the Nuclear Regulatory
Commission, the demonstration of methodologies developed
under the program to facilitate the development of a regu-
latory framework for licensing and controlling radioactive
sources; and
(E) in coordination with the Office of Environment,
Safety, and Health of the Department of Energy, the dem-
onstration of methodologies developed under the program
to facilitate development of consistent criteria for screening
international transfers of radiological materials.
(c) CONSULTATION.—In carrying out activities in accordance
with subsection (b)(2), the Administrator shall consult with—
(1) the Secretary of Defense, Secretary of State, and Sec-
retary of Commerce; and
(2) the International Atomic Energy Agency.
(d) AMOUNT
FOR ACTIVITIES.—Of the amount authorized to
be appropriated by section 3101(a)(2) for the Department of Energy
for the National Nuclear Security Administration for defense
nuclear nonproliferation, up to $15,000,000 may be available for
carrying out this section.
SEC. 3156. MATTERS RELATING TO THE INTERNATIONAL MATERIALS
PROTECTION, CONTROL, AND ACCOUNTING PROGRAM
OF THE DEPARTMENT OF ENERGY.
(a) RADIOLOGICAL DISPERSAL DEVICE MATERIALS PROTECTION,
CONTROL, AND ACCOUNTING.—The Secretary of Energy may estab-
lish within the International Materials Protection, Control, and
Accounting program of the Department of Energy a program on
H. R. 4546—283
the protection, control, and accounting of materials usable in radio-
logical dispersal devices. In establishing such program, the Sec-
retary shall—
(1) identify the sites and radiological materials to be cov-
ered by such program;
(2) carry out a risk assessment of such radiological mate-
rials; and
(3) identify and establish the costs of and schedules for
such program.
(b) REVISED FOCUS FOR MATERIALS PROTECTION, CONTROL, AND
ACCOUNTING PROGRAM OF RUSSIAN FEDERATION.—(1) The Secretary
of Energy shall work cooperatively with the Russian Federation
to develop, as soon as practicable but not later than January 1,
2013, a sustainable nuclear materials protection, control, and
accounting system for the nuclear materials of the Russian Federa-
tion that is supported solely by the Russian Federation.
(2) The Secretary shall work with the Russian Federation to
identify various alternatives to provide the United States adequate
transparency in the nuclear materials protection, control, and
accounting program of the Russian Federation to assure that such
program is meeting applicable goals for nuclear materials protec-
tion, control, and accounting.
(c) AMOUNT FOR ACTIVITIES.—Of the amount authorized to be
appropriated by section 3101(a)(2) for the Department of Energy
for the National Nuclear Security Administration for defense
nuclear nonproliferation, up to $5,000,000 may be available for
carrying out this section.
SEC. 3157. ACCELERATED DISPOSITION OF HIGHLY ENRICHED URA-
NIUM.
(a) PROGRAM ON ACCELERATED DISPOSITION OF HEU AUTHOR-
IZED.—(1) The Secretary of Energy may carry out a program to
pursue with the Russian Federation options for blending highly
enriched uranium so that the concentration of U–235 in such ura-
nium is below 20 percent.
(2) The options pursued under paragraph (1) shall include
expansion of the Material Consolidation and Conversion program
of the Department of Energy to include—
(A) additional facilities for the blending of highly enriched
uranium; and
(B) additional centralized secure storage facilities for highly
enriched uranium designated for blending.
(3) Any site selected for the storage of uranium or blended
material under paragraph (2)(B) shall undergo complete materials
protection, control, and accounting upgrades before the commence-
ment of the storage of uranium or blended material at such site
under the program.
(b) CONSTRUCTION
WITH
HEU DISPOSITION
AGREEMENT.—
Nothing in this section may be construed as terminating, modifying,
or otherwise affecting requirements for the disposition of highly
enriched uranium under the Agreement Between the Government
of the United States of America and the Government of the Russian
Federation Concerning the Disposition of Highly Enriched Uranium
Extracted from Nuclear Weapons, signed at Washington on Feb-
ruary 18, 1993.
H. R. 4546—284
(c) 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, conversion, and enrichment
industry in the United States.
(d) AMOUNT FOR ACTIVITIES.—Of the amount to be appropriated
by section 3101(a)(2) for the Department of Energy for the National
Nuclear Security Administration for defense nuclear nonprolifera-
tion, up to $10,000,000 may be available for carrying out this
section.
SEC. 3158. STRENGTHENED INTERNATIONAL SECURITY FOR NUCLEAR
MATERIALS AND SECURITY OF NUCLEAR OPERATIONS.
(a) REPORT
ON OPTIONS
FOR INTERNATIONAL PROGRAM TO
STRENGTHEN SECURITY.—(1) Not later than 270 days after the
date of the enactment of this Act, the Secretary of Energy shall
submit to Congress a report on options for an international program
to develop strengthened security for nuclear reactors and associated
materials outside the United States.
(2) In evaluating options for purposes of the report, the Sec-
retary shall consult with the Nuclear Regulatory Commission and
the International Atomic Energy Agency on the feasibility and
advisability of actions to reduce the risks associated with terrorist
attacks on nuclear reactors outside the United States.
(b) JOINT PROGRAMS WITH RUSSIA ON PROLIFERATION-RESIST-
ANT NUCLEAR ENERGY TECHNOLOGIES.—(1) The Secretary shall
pursue with the Ministry of Atomic Energy of the Russian Federa-
tion joint programs between the United States and the Russian
Federation on the development of proliferation-resistant nuclear
energy technologies, including advanced fuel cycles.
(2) Of the amount authorized to be appropriated by section
3101(a)(2) for the Department of Energy for the National Nuclear
Security Administration for defense nuclear nonproliferation, up
to $10,000,000 may be available for carrying out the joint programs
referred to in paragraph (1).
(c) ASSISTANCE REGARDING HOSTILE INSIDERS.—The Secretary
may, utilizing appropriate expertise of the Department of Energy
and the Nuclear Regulatory Commission, provide technical assist-
ance to nuclear reactor facilities outside the United States with
respect to the interdiction of hostile insiders at such facilities in
order to prevent incidents arising from the disablement of the
vital systems of such facilities.
SEC. 3159. EXPORT CONTROL PROGRAMS.
(a) AUTHORITY
TO
PURSUE
OPTIONS
FOR
STRENGTHENING
EXPORT CONTROL PROGRAMS.—The Secretary of Energy, in coordina-
tion with the Secretary of State, may pursue in the region of
the former Soviet Union and other regions of concern options for
accelerating programs that assist the countries in such regions
in improving their domestic export control programs for materials,
technologies, and expertise relevant to the construction or use of
a nuclear or radiological dispersal device.
(b) AMOUNT
FOR ACTIVITIES.—Of the amount authorized to
be appropriated by section 3101(a)(2) for the Department of Energy
for the National Nuclear Security Administration for defense