S. 1049Senate108th Congress (2003-2005)Passed Senate

Department of Energy National Security Act for Fiscal Year 2004

Introduced May 13, 2003

Legislative Activity

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9 earlier actions
HouseFloor Latest Action

Held at the desk.

June 5, 2003 • 10:31 AM

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SenateCommittee

Committee on Armed Services ordered to be reported an original measure.

May 8, 2003

SenateIntro Referral

Introduced in Senate

May 13, 2003

SenateCommittee

Committee on Armed Services. Original measure reported to Senate by Senator Warner. Without written report.

May 13, 2003

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 95.

May 13, 2003

SenateFloor

Measure laid before Senate by unanimous consent. (consideration: CR S6941)

May 22, 2003

SenateFloor

Senate struck all after the Enacting Clause and substituted the language of S. 1050 amended (Division C of the bill).

May 22, 2003

SenateFloor

Passed Senate with an amendment by Unanimous Consent.

May 22, 2003

SenateFloor

Message on Senate action sent to the House.

June 5, 2003

HouseFloor

Received in the House.

June 5, 2003 • 10:03 AM

HouseFloor

Held at the desk.

June 5, 2003 • 10:31 AM

Floor Debate

22 members

What members said about S. 1049 on the floor

8 Republicans14 Democrats
John McCain
Sen. John McCainR-AZ · May 22, 2003

Mr. President, I rise today to strongly support S. 1050, the fiscal year 2004 Defense Authorization bill. This legislation funds $400.5 billion for defense programs, which is 3.2 percent or $17.9…

James M. Inhofe
Sen. James M. InhofeR-OK · May 22, 2003

If the distinguished Senator from Virginia would yield, Mr. Chairman, I also have concerns about this provision and the effects it would have on our ability to meet production needs to get necessary…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · May 22, 2003

Mr. President, I rise to speak on the Senate version of the fiscal year 2004 national Defense authorization bill. First, I would like to thank the chairman and the ranking member of the Senate Armed…

Robert C. Byrd
Sen. Robert C. ByrdD-WV · May 22, 2003

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I wish to make a brief speech on the bill. Are we under a time limit? I thank the Chair. Mine…

John Warner
Sen. John WarnerR-VA · May 22, 2003

Mr. President, I ask unanimous consent that the Senate return to the underlying bill. Mr. President, as is so often the case here in the Senate during the course of deliberations, colleagues find a…

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John F. Kerry
Sen. John F. KerryD-MA · May 22, 2003

Mr. President, military planning is about balancing risk and cost. Resources will always be limited. And actions will always incur costs, whether financial or political. In the fiscal year 2004…

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · May 22, 2003

Mr. President, today I will join my colleagues in voting to approve the 2004 Defense authorization bill. This legislation provides a significant increase to our defense budget, a total of $400.5…

Russell D. Feingold
Sen. Russell D. FeingoldD-WI · May 22, 2003

Mr. President, I rise to add my thoughts to the debate on the defense budget for fiscal year 2004. First and foremost, I want to thank the members of the United States Armed Forces for the excellent…

Frank R. Lautenberg
Sen. Frank R. LautenbergD-NJ · May 22, 2003

Further than we can remember. Mr. President, will the manager yield a moment? Just a minute, because I want to second what we just heard from the Senator from California about my friend and colleague…

Carl Levin
Sen. Carl LevinD-MI · May 22, 2003

Mr. President, I understand the yeas and nays are going to be requested. I thank my good friend from California for her kind words and, as always, the Senator from Virginia for his willingness to…

Susan M. Collins
Sen. Susan M. CollinsR-ME · May 22, 2003

Mr. President, I rise today to discuss an amendment to the Defense Authorization bill which Senator Voinovich and I have submitted. Our amendment would, among other things, provide for the creation…

Barbara Boxer
Sen. Barbara BoxerD-CA · May 22, 2003

Reserving the right to object, I would like to say, I am very supportive of this. I just want to ask if it is the right thing for me to withdraw my amendment, or is that not necessary? I have no…

Pat Roberts
Sen. Pat RobertsR-KS · May 22, 2003

Mr. President, I rise in support of the National Defense Authorization Act for fiscal year 2004. I commend Chairman Warner and Ranking Member Levin for their skillful stewardship. I believe the…

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Edward M. Kennedy
Sen. Edward M. KennedyD-MA · May 22, 2003

Mr. President, I thank my colleagues for their comments and add my own. Last November, the Office of Management and Budget proposed the most sweeping changes to the rules on outsourcing of Government…

Mary L. Landrieu
Sen. Mary L. LandrieuD-LA · May 22, 2003

Mr. President, on June 6, 2000, the National D-Day opened in New Orleans, LA. This museum was the culmination of a vision of the late Stephen Ambrose. Dr. Ambrose dedicated his life to chronicling…

Tom Harkin
Sen. Tom HarkinD-IA · May 22, 2003

Mr. President, I am pleased to join Senator Wyden and other colleagues in sponsoring this amendment on contracting in Iraq and in support of the Warner-Boxer amendment No. 826. One of our key…

Saxby Chambliss
Sen. Saxby ChamblissR-GA · May 22, 2003

Mr. President, I rise today to express my concern with the administration's approach to competitive sourcing and the revisions to Circular A-76 currently under consideration by the Office of…

Christopher S. Bond
Sen. Christopher S. BondR-MO · May 22, 2003

Mr. President, I would like to engage my colleague, Senator Warner, in a colloquy. As we know, Executive Order 13101 provides guidance to the head of each executive agency, including the Secretary of…

Mark L. Pryor
Sen. Mark L. PryorD-AR · May 22, 2003

Mr. President, I would like to bring the Senate's attention to a matter important to Blytheville in Mississippi County, AR. Blytheville is the former home of Eaker Air Force Base. In 1992, Eaker…

John Warner
Sen. John WarnerR-VA · Jun 4, 2003

I move to reconsider the vote. Those amendments will not be forthcoming. I thank all Senators for their participation. This last vote was not an easy vote. Nevertheless, it came out in the best…

Blanche L. Lincoln
Sen. Blanche L. LincolnD-AR · May 22, 2003

Mr. President, I want to associate myself with the remarks made by Senator Pryor. This is a matter that I discussed with Senator Inouye last year during the consideration of the Defense…

Jeff Bingaman
Sen. Jeff BingamanD-NM · May 22, 2003

Mr. President, we have in the Senate repealed the ban on low-yield nuclear weapons, specifically, section 3136 of the National Defense Authorization Act for fiscal year 1994, Public Law 103-160. I…

Carl Levin
Sen. Carl LevinD-MI · Jun 4, 2003

Mr. President, I thank the chairman for the extremely thoughtful and thorough way he handles these bills, the fair way he operates. We are all grateful to the committee and our staffs. We are both…

Harry Reid
Sen. Harry ReidD-NV · May 22, 2003

Mr. President, I also ask that this amendment have the name of the Senator from California on it, also. I announce that the Senator from Massachusetts (Mr. Kerry) is necessarily absent. I further…

Bill Text

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Latest
Engrossed in SenateIssued May 22, 2003
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1049 Engrossed in Senate (ES)]

108th CONGRESS
1st Session
S. 1049

_______________________________________________________________________

AN ACT

To authorize appropriations for fiscal year 2004 for defense activities
of the Department of Energy, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Department of Energy National
Security Act for Fiscal Year 2004''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Congressional defense committees defined.
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Defense energy supply.
Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3131. Repeal of prohibition on research and development of low-
yield nuclear weapons.
Sec. 3132. Readiness posture for resumption by the United States of
underground nuclear weapons tests.
Sec. 3133. Technical base and facilities maintenance and
recapitalization activities.
Sec. 3134. Continuation of processing, treatment, and disposition of
legacy nuclear materials.
Sec. 3135. Requirement for specific authorization of Congress for
commencement of engineering development
phase or subsequent phase of robust nuclear
earth penetrator.
Subtitle C--Proliferation Matters

Sec. 3141. Expansion of International Materials Protection, Control,
and Accounting program.
Sec. 3142. Semi-annual financial reports on Defense Nuclear
Nonproliferation program.
Sec. 3143. Report on reduction of excessive uncosted balances for
defense nuclear nonproliferation
activities.
Subtitle D--Other Matters

Sec. 3151. Modification of authorities on Department of Energy
personnel security investigations.
Sec. 3152. Responsibilities of Environmental Management program and
National Nuclear Security Administration of
Department of Energy for environmental
cleanup, decontamination and
decommissioning, and waste management.
Sec. 3153. Update of report on stockpile stewardship criteria.
Sec. 3154. Progress reports on Energy Employees Occupational Illness
Compensation Program.
Sec. 3155. Study on the application of technology from the Robust
Nuclear Earth Penetrator Program to
Conventional Hard and Deeply Buried Target
Weapons Development Programs.
Subtitle E--Consolidation of General Provisions on Department of Energy
National Security Programs

Sec. 3161. Consolidation and assembly of recurring and general
provisions on Department of Energy national
security programs.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department 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
$8,933,847,000, to be allocated as follows:
(1) For weapons activities, $6,457,272,000.
(2) For defense nuclear nonproliferation activities,
$1,340,195,000.
(3) For naval reactors, $788,400,000.
(4) For the Office of the Administrator for Nuclear
Security, $347,980,000.
(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 new plant projects for weapons
activities, as follows:
(1) Project 04-D-101, test capabilities revitalization,
phase I, Sandia National Laboratories, Albuquerque, New Mexico,
$36,450,000.
(2) Project 04-D-102, exterior communications
infrastructure modernization, Sandia National Laboratories,
Albuquerque, New Mexico, $20,000,000.
(3) Project 04-D-103, project engineering and design,
various locations, $2,000,000.
(4) Project 04-D-125, chemistry and metallurgy research
(CMR) facility replacement, Los Alamos National Laboratory, Los
Alamos, New Mexico, $20,500,000.
(5) Project 04-D-126, building 12-44 production cells
upgrade, Pantex Plant, Amarillo, Texas, $8,780,000.
(6) Project 04-D-127, cleaning and loading modifications
(CALM), Savannah River Site, Aiken, South Carolina, $2,750,000.
(7) Project 04-D-128, TA-18 mission relocation project, Los
Alamos National Laboratory, Los Alamos, New Mexico, $8,820,000.
(8) Project 04-D-203, project engineering and design,
facilities and infrastructure recapitalization program, various
locations, $3,719,000.
(9) Project 03-D-102, sm.43 replacement administration
building, Los Alamos National Laboratory, Los Alamos, New
Mexico, $50,000,000.

SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.

(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2004 for
environmental management activities in carrying out programs necessary
for national security in the amount of $6,809,814,000, to be allocated
as follows:
(1) For defense site acceleration completion,
$5,814,635,000.
(2) For defense environmental services in carrying out
environmental restoration and waste management activities
necessary for national security programs, $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 new plant projects for defense site
acceleration completion activities, as follows:
(1) Project 04-D-408, glass waste storage building #2,
Savannah River Site, Aiken, South Carolina, $20,259,000.
(2) Project 04-D-414, project engineering and design,
various locations, $23,500,000.
(3) 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
$465,059,000.

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
$360,000,000.

SEC. 3105. DEFENSE ENERGY SUPPLY.

Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2004 for defense energy supply in carrying out
programs necessary for national security in the amount of $110,473,000.

Subtitle B--Program Authorizations, Restrictions, and Limitations

SEC. 3131. REPEAL OF PROHIBITION ON RESEARCH AND DEVELOPMENT OF LOW-
YIELD NUCLEAR WEAPONS.

(a) Repeal.--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) is repealed.
(b) Construction.--Nothing in the repeal made by subsection (a)
shall be construed as authorizing the testing, acquisition, or
deployment of a low-yield nuclear weapon.
(c) Limitation.--The Secretary of Energy may not commence the
engineering development phase, or any subsequent phase, of a low-yield
nuclear weapon unless specifically authorized by Congress.
(d) Report.--(1) Not later than March 1, 2004, the Secretary of
State, the Secretary of Defense and the Secretary of Energy shall
jointly submit to Congress a report assessing whether or not the repeal
of section 3136 of the National Defense Authorization Act for Fiscal
Year 1994 will affect the ability of the United States to achieve its
nonproliferation objectives and whether or not any changes in programs
and activities would be required to achieve those objectives.
(2) The report shall be submitted in unclassified form, but may
include a classified annex if necessary.

SEC. 3132. READINESS POSTURE FOR RESUMPTION BY THE UNITED STATES OF
UNDERGROUND NUCLEAR WEAPONS TESTS.

(a) 18-Month Readiness Posture Required.--Commencing not later than
October 1, 2006, the Secretary of Energy shall achieve, and thereafter
maintain, a readiness posture of 18 months for resumption by the United
States of underground nuclear tests, subject to subsection (b).
(b) Alternative Readiness Posture.--If as a result of the review
conducted by the Secretary for purposes of 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) the Secretary, in
consultation with the Administrator for Nuclear Security, determines
that the optimal, advisable, and preferred readiness posture for
resumption by the United States of underground nuclear tests is a
number of months other than 18 months, the Secretary may, and is
encouraged to, achieve and thereafter maintain under subsection (a)
such optimal, advisable, and preferred readiness posture instead of the
readiness posture of 18 months.
(c) Report on Determination.--(1) The Secretary shall submit to the
congressional defense committees a report on a determination described
in subsection (b) if the determination leads to the achievement by the
Secretary of a readiness posture of other than 18 months under that
subsection.
(2) The report under paragraph (1) shall set forth--
(A) the determination described in that paragraph,
including the reasons for the determination; and
(B) the number of months of the readiness posture to be
achieved and maintained under subsection (b) as a result of the
determination.
(3) The requirement for a report, if any, under paragraph (1) is in
addition to the requirement for a report under section 3142(c) of the
Bob Stump National Defense Authorization Act for Fiscal Year 2003, and
the requirement in that paragraph shall not be construed as
terminating, modifying, or otherwise affecting the requirement for a
report under such section.
(d) Readiness Posture.--For purposes of this section, a readiness
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.

SEC. 3133. TECHNICAL BASE AND FACILITIES MAINTENANCE AND
RECAPITALIZATION ACTIVITIES.

(a) Deadline for Inclusion of Projects in Facilities and
Infrastructure Recapitalization Program.--(1) The Administrator for
Nuclear Security shall complete the selection of projects for inclusion
in the Facilities and Infrastructure Recapitalization Program (FIRP) of
the National Nuclear Security Administration not later than September
30, 2004.
(2) No project may be included in the Facilities and Infrastructure
Recapitalization Program after September 30, 2004, unless such project
has been selected for inclusion in that program as of that date.
(b) Termination of Facilities and Infrastructure Recapitalization
Program.--The Administrator shall terminate the Facilities and
Infrastructure Recapitalization Program not later than September 30,
2011.
(c) Readiness in Technical Base and Facilities Program.--(1) Not
later than September 30, 2004, the Administrator shall submit to the
congressional defense committees a report setting forth guidelines on
the conduct of the Readiness in Technical Base and Facilities (RTBF)
program of the National Nuclear Security Administration.
(2) The guidelines on the Readiness in Technical Base and
Facilities program shall include the following:
(A) Criteria for the inclusion of projects in the program,
and for establishing priorities among projects included in the
program.
(B) Mechanisms for the management of facilities under the
program, including maintenance as provided pursuant to
subparagraph (C).
(C) A description of the scope of maintenance activities
under the program, including recurring maintenance,
construction of facilities, recapitalization of facilities, and
decontamination and decommissioning of facilities.
(3) The guidelines on the Readiness in Technical Base and
Facilities program shall ensure that the maintenance activities
provided for under paragraph (2)(C) are carried out in a timely and
efficient manner designed to avoid maintenance backlogs.
(d) Operations of Facilities Program.--(1) The Administration shall
provide for the administration of the Operations of Facilities Program
of the National Nuclear Security Administration as a program
independent of the Readiness in Technical Base and Facilities Program
and of any other programs that the Operations of Facilities Program is
intended to support.
(2) The Operations of Facilities Program shall be managed by the
Associate Administrator of the National Nuclear Security Administration
for Facilities and Operations, or by such other official within the
National Nuclear Security Administration as the Administrator shall
designate for that purpose.

SEC. 3134. CONTINUATION OF PROCESSING, TREATMENT, AND DISPOSITION OF
LEGACY NUCLEAR MATERIALS.

(a) Continuation of H-Canyon Facility.--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 amended by striking ``F-canyon and H-canyon facilities''
and inserting ``H-canyon facility''.
(b) Modification of Limitation on Use of Funds for Decommissioning
F-Canyon Facility.--Subsection (b) of such section is amended--
(1) by striking ``and the Defense Nuclear Facilities Safety
Board'' and all that follows through ``House of
Representatives'' and inserting ``submits to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives, and the Defense
Nuclear Facilities Safety Board,''; and
(2) by striking ``the following:'' and all that follows and
inserting ``a report setting forth--
``(1) an assessment whether or not all materials present in
the F-canyon facility as of the date of the report that
required stabilization have been safely stabilized as of that
date;
``(2) an assessment whether or not the requirements
applicable to the F-canyon facility to meet the future needs of
the United States for fissile materials disposition can be met
through full use of the H-canyon facility at the Savannah River
Site; and
``(3) if it appears that one or more of the requirements
described in paragraph (2) cannot be met through full use of
the H-canyon facility--
``(A) an identification by the Secretary of each
such requirement that cannot be met through full use of
the H-canyon facility; and
``(B) for each requirement so identified, the
reasons why such requirement cannot be met through full
use of the H-canyon facility and a description of the
alternative capability for fissile materials
disposition that is needed to meet such requirement.''.
(c) Repeal of Superseded Plan Requirement.--Subsection (c) of such
section is repealed.

SEC. 3135. REQUIREMENT FOR SPECIFIC AUTHORIZATION OF CONGRESS FOR
COMMENCEMENT OF ENGINEERING DEVELOPMENT PHASE OR
SUBSEQUENT PHASE OF ROBUST NUCLEAR EARTH PENETRATOR.

The Secretary of Energy may not commence the engineering
development phase (phase 6.3) of the nuclear weapons development
process, or any subsequent phase, of a Robust Nuclear Earth Penetrator
weapon unless specifically authorized by Congress.

Subtitle C--Proliferation Matters

SEC. 3141. EXPANSION OF INTERNATIONAL MATERIALS PROTECTION, CONTROL,
AND ACCOUNTING PROGRAM.

(a) Expansion of Program to Additional Countries.--The Secretary of
Energy may expand the International Materials, Protection, Control, and
Accounting Program to carry out nuclear nonproliferation threat
reduction activities and projects outside the states of the former
Soviet Union.
(b) Notice to Congress of Use of Funds.--Not later than 15 days
before the Secretary obligates funds for the International Materials
Protection, Control, and Accounting Program for a project or activity
in or with respect to a country outside the former Soviet Union
pursuant to the authority in subsection (a), the Secretary shall submit
to the congressional defense committees a notice on the obligation of
such funds for the project or activity that shall specify--
(1) the project or activity, and forms of assistance, for
which the Secretary proposes to obligate such funds;
(2) the amount of the proposed obligation; and
(3) the projected involvement (if any) of any United States
department or agency (other than the Department of Energy), or
the private sector, in the project, activity, or assistance for
which the Secretary proposes to obligate such funds.

SEC. 3142. SEMI-ANNUAL FINANCIAL REPORTS ON DEFENSE NUCLEAR
NONPROLIFERATION PROGRAM.

(a) Semiannual Reports Required.--Not later than April 30 and
October 30 each year, the Administrator for Nuclear Security shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the financial status during the half
fiscal year ending at the end of the preceding month of all Department
of Energy defense nuclear nonproliferation programs for which funds
were authorized to be appropriated for the fiscal year in which such
half fiscal year falls.
(b) Contents.--Each report on a half fiscal year under subsection
(a) shall set forth for each Department of Energy defense nuclear
nonproliferation program for which funds were authorized to be
appropriated for the fiscal year in which such half fiscal year falls--
(1) the aggregate amount appropriated for such fiscal year
for such program; and
(2) of the aggregate amount appropriated for such fiscal
year for such program--
(A) the amounts obligated for such program as of
the end of the half fiscal year;
(B) the amounts committed for such program as of
the end of the half fiscal year;
(C) the amounts disbursed for such program as of
the end of the half fiscal year; and
(D) the amounts that remain available for
obligation for such program as of the end of the half
fiscal year.
(c) Applicability.--This section shall apply with respect to fiscal
years after fiscal year 2003.

SEC. 3143. REPORT ON REDUCTION OF EXCESSIVE UNCOSTED BALANCES FOR
DEFENSE NUCLEAR NONPROLIFERATION ACTIVITIES.

(a) Contingent Requirement for Report.--If as of September 30,
2004, the aggregate amount obligated but not expended for defense
nuclear nonproliferation activities from amounts authorized to be
appropriated for such activities in fiscal year 2004 exceeds an amount
equal to 20 percent of the aggregate amount so obligated for such
activities, the Administrator for Nuclear Security shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report containing an aggressive plan to provide for
the timely expenditure of amounts so obligated but not expended.
(b) Submittal Date.--If required to be submitted under subsection
(a), the submittal date for the report under that subsection shall be
November 30, 2004.

Subtitle D--Other Matters

SEC. 3151. MODIFICATION OF AUTHORITIES ON DEPARTMENT OF ENERGY
PERSONNEL SECURITY INVESTIGATIONS.

(a) In General.--Subsection e. of section 145 of the Atomic Energy
Act of 1954 (42 U.S.C. 2165) is amended by striking paragraph (2) and
inserting the following new paragraph (2):
``(2) In the case of any program designated by the Secretary of
Energy as sensitive, the Secretary may require that any investigation
required by subsections a., b., and c. of an individual employed in the
program be made by the Federal Bureau of Investigation.''.
(b) Conforming Amendment.--Subsection f. of such section is amended
by striking ``a majority of the members of the Commission shall certify
those specific positions'' and inserting ``the Secretary of Energy may
certify specific positions (in addition to positions in programs
designated as sensitive under subsection e.)''.

SEC. 3152. RESPONSIBILITIES OF ENVIRONMENTAL MANAGEMENT PROGRAM AND
NATIONAL NUCLEAR SECURITY ADMINISTRATION OF DEPARTMENT OF
ENERGY FOR ENVIRONMENTAL CLEANUP, DECONTAMINATION AND
DECOMMISSIONING, AND WASTE MANAGEMENT.

(a) Delineation of Responsibilities.--The Secretary of Energy shall
include in the budget justification materials submitted to Congress in
support of the Department of Energy budget for fiscal year 2005 (as
submitted with the budget of the President under section 1105(a) of
title 31, United States Code) a report setting forth a delineation of
responsibilities between and among the Environmental Management (EM)
program and the National Nuclear Security Administration (NNSA) of the
Department of Energy for activities on each of the following:
(1) Environmental cleanup.
(2) Decontamination and decommissioning (D&D).
(3) Waste management.
(b) Plan for Implementation of Delineated Responsibilities.--(1)
The Secretary shall include in the budget justification materials
submitted to Congress in support of the Department of Energy budget for
fiscal year 2006 (as so submitted) a report setting forth a plan to
implement among the Environmental Management program and the National
Nuclear Security Administration the responsibilities for activities
referred to in subsection (a) as delineated under that subsection.
(2) The report under paragraph (1) shall include such
recommendations for legislative action as the Secretary considers
appropriate in order to--
(A) clarify in law the responsibilities delineated under
subsection (a); and
(B) facilitate the implementation of the plan set forth in
the report.
(c) Consultation.--The Secretary shall carry out this section in
consultation with the Administrator for Nuclear Security and the Under
Secretary of Energy for Energy, Science, and Environment.

SEC. 3153. UPDATE OF REPORT ON STOCKPILE STEWARDSHIP CRITERIA.

(a) Update of Report.--Not later than March 1, 2005, the Secretary
of Energy shall submit to the committees referred to in subsection (c)
of section 4202 of the Atomic Energy Defense Act a report updating the
report submitted under subsection (a) of such section.
(b) Elements.--The report under subsection (a) of this section
shall--
(1) update any information or criteria described in the
report submitted under such section 4202;
(2) describe any additional information identified, or
criteria established, on matters covered by such section 4202
during the period beginning on the date of the submittal of the
report under such section 4202 and ending on the date of the
submittal of the report under subsection (a) of this section;
and
(3) for each science-based tool developed by the Department
of Energy during such period--
(A) a description of the relationship of such
science-based tool to the collection of information
needed to determine that the nuclear weapons stockpile
is safe and reliable; and
(B) a description of the criteria for judging
whether or not such science-based tool provides for the
collection of such information.

SEC. 3154. PROGRESS REPORTS ON ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM.

(a) Report on Access to Information for Performance of Radiation
Dose Reconstructions.--(1) Not later than 90 days after the date of the
enactment of this Act, the National Institute for Occupational Safety
and Health shall submit to Congress a report on the ability of the
Institute to obtain, in a timely, accurate, and complete manner,
information necessary for the purpose of carrying out radiation dose
reconstructions under the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.), including
information requested from any element of the Department of Energy.
(2) The report shall include the following:
(A) An identification of each matter adversely affecting
the ability of the Institute to obtain information described in
paragraph (1) in a timely, accurate, and complete manner.
(B) For each facility with respect to which the Institute
is carrying out one or more dose reconstructions described in
paragraph (1)--
(i) a specification of the total number of claims
requiring dose reconstruction;
(ii) a specification of the number of claims for
which dose reconstruction has been adversely affected
by any matter identified under paragraph (1); and
(iii) a specification of the number of claims
requiring dose reconstruction for which, because of any
matter identified under paragraph (1), dose
reconstruction has not been completed within 150 days
after the date on which the Secretary of Labor
submitted the claim to the Secretary of Health and
Human Services.
(b) Report on Denial of Claims.--(1) Not later than 90 days after
the date of the enactment of this Act, the Secretary of Labor shall
submit to Congress a report on the denial of claims under the Energy
Employees Occupational Illness Compensation Program Act of 2000 as of
the date of such report.
(2) The report shall include for each facility with respect to
which the Secretary has received one or more claims under that Act the
following:
(A) The number of claims received with respect to such
facility that have been denied, including the percentage of
total number of claims received with respect to such facility
that have been denied.
(B) The reasons for the denial of such claims, including
the number of claims denied for each such reason.

SEC. 3155. STUDY ON THE APPLICATION OF TECHNOLOGY FROM THE ROBUST
NUCLEAR EARTH PENETRATOR PROGRAM TO CONVENTIONAL HARD AND
DEEPLY BURIED TARGET WEAPONS DEVELOPMENT PROGRAMS.

(a) Findings.--Much of the work that will be carried out by the
Secretary of Energy in the feasibility study for the Robust Nuclear
Earth Penetrator will have applicability to a nuclear or a conventional
earth penetrator, but the Department of Energy does not have
responsibility for development of conventional earth penetrator or
other conventional programs for hard and deeply buried targets.
(b) Plan.--The Secretary of Energy and the Secretary of Defense
shall develop, submit to Congress three months after the date of
enactment of this Act, and implement, a plan to coordinate the Robust
Nuclear Earth Penetrator feasibility study at the Department of Energy
with the ongoing conventional hard and deeply buried weapons
development programs at the Department of Defense. This plan shall
ensure that over the course of the feasibility study for the Robust
Nuclear Earth Penetrator the ongoing results of the work of the
Department of Energy, with application to the Department of Defense
programs, is shared with and integrated into the Department of Defense
programs.

Subtitle E--Consolidation of General Provisions on Department of Energy
National Security Programs

SEC. 3161. CONSOLIDATION AND ASSEMBLY 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 amendment but with technical and
conforming amendments 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 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) Treatment of satisfied requirements.--Any requirement
in a provision of law transferred under this section 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 satisfied, and shall not be
treated as being revived solely by reason of transfer under
this section.
(4) Classification.--The provisions of the Atomic Energy
Defense Act, as amended by this section, shall be classified to
the United States Code as a new chapter of title 50, United
States Code.
(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 following 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 Authorization Act for
Fiscal Year 2003, as added by subsection (b); and
(D) amended by striking ``title'' and inserting
``division''.
(2) Definition.--Division D of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as amended by
this section, is further amended by adding at the end the
following new section:

``SEC. 4002. DEFINITION.

``In this division, the term `congressional defense committees'
means--
``(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
``(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.''.
(d) Organizational Matters.--
(1) Title heading.--Division D of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as amended by
this section, is further amended by adding at the end the
following:

``TITLE XLI--ORGANIZATIONAL MATTERS''.

(2) Naval nuclear propulsion program.--Section 1634 of the
Department of Defense Authorization Act, 1985 (Public Law 98-
525; 98 Stat. 2649) is--
(A) transferred to title XLI of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as added by paragraph (1);
(B) inserted after the title heading for such
title, as so added; and
(C) amended--
(i) by striking the section heading and
inserting the following new section heading:

``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 Authorization 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 striking ``120
days after the date of the enactment of this Act,'' and
inserting ``January 21, 1997,''.
(4) Restriction on licensing requirements for certain
activities and facilities.--Section 210 of the Department of
Energy National Security and Military Applications of Nuclear
Energy 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 Authorization 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 heading:

``SEC. 4103. RESTRICTION ON LICENSING REQUIREMENT FOR CERTAIN DEFENSE
ACTIVITIES AND FACILITIES.'';

(ii) by striking ``Sec. 210.''; and
(iii) by striking ``this or any other Act''
and inserting ``the Department of Energy
National Security and Military Applications 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 2003, as amended by this
section, is further amended 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.--Section 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 Authorization 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.--Section 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 Authorization 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 stockpile.--Section 3151 of the National Defense
Authorization 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 Authorization 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) is--
(A) transferred to title XLII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4204;
(C) inserted after section 4203, as added by
paragraph (4); and
(D) amended in subsection (c)(1) by striking ``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 4213''.
(7) Form of certain certifications regarding stockpile.--
Section 3194 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 XLII of division D of the
Bob Stump National Defense Authorization 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 program.--Section 1436 of
the National Defense Authorization 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 Authorization 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 postures.--Section 3152
of the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 623), as amended by section 3192
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-480), is--
(A) transferred to title XLII of division D of the
Bob Stump National Defense Authorization 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 Act, 1993 (Public Law 102-337; 106
Stat. 1345) is--
(A) transferred to title XLII of division D of the
Bob Stump National Defense Authorization 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
following new section heading:

``SEC. 4210. LIMITATION ON UNDERGROUND NUCLEAR WEAPONS TESTS.'';

and
(ii) by striking ``(f)''.
(12) Prohibition on research and development of low-yield
nuclear weapons.--Section 3136 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 Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4211;
(C) inserted after section 4210, as added by
paragraph (11); and
(D) amended in subsection (b) by striking ``the
date of the enactment of this Act,'' and inserting
``November 30, 1993,''.
(13) 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 Authorization 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
(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''.
(14) 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 Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4213;
(C) inserted after section 4212, as added by
paragraph (13); and
(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)''.
(15) 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 Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4214; and
(C) inserted after section 4213, as added by
paragraph (14).
(16) Subtitle heading on tritium.--Title XLII 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 B--Tritium''.

(17) 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 Authorization 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 (16); and
(D) amended--
(i) by striking ``the date of the enactment
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''.
(18) Tritium recycling.--Section 3136 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-
106; 110 Stat. 620) is--
(A) transferred to title XLII of division D of the
Bob Stump National Defense Authorization 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 (17).
(19) Tritium Production.--Subsections (c) and (d) of
section 3133 of the National Defense Authorization 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 Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) inserted after section 4232, as added by
paragraph (18); and
(C) amended--
(i) by inserting before the text the
following new section heading:

``SEC. 4233. TRITIUM PRODUCTION.'';

(ii) by redesignating such subsections as
subsections (a) and (b), respectively; and
(iii) in subsection (a), as so
redesignated, by inserting ``of Energy'' after
``The Secretary''.
(20) 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 Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4234;
(C) inserted after section 4233, as added by
paragraph (19); 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''.
(21) Procedures for meeting tritium production
requirements.--Section 3134 of the National 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 Authorization 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 (20).
(f) Proliferation Matters.--
(1) Title heading.--Division D of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as amended by
this section, is further 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 Defense Authorization Act for
Fiscal Year 1998 (Public 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 Authorization Act for Fiscal
Year 2003, as added by paragraph (1);
(B) redesignated as section 4301;
(C) inserted after the heading for such title, as
so added; and
(D) amended in subsection (b)(3) by striking ``of
this Act'' and inserting ``of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-
85)''.
(3) Nonproliferation initiatives and activities.--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 Authorization 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 striking ``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 protection, control, and
accounting program.--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. 1645A-475)
is--
(A) transferred to title XLIII of division D of the
Bob Stump National Defense Authorization 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 striking ``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 Authorization 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 Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4304; and
(C) inserted after section 4303, as added by
paragraph (4).
(6) Programs on fissile materials.--Section 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 Fiscal Year
2003 (Public Law 107-314; 116 Stat. 2738), is--
(A) transferred to title XLIII of division D of the
Bob Stump National Defense Authorization 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).
(7) 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--
(A) transferred to title XLIII of division D of
such Act, as amended by this subsection;
(B) redesignated as section 4306; and
(C) inserted after section 4305, as added by
paragraph (7).
(8) Disposition of surplus defense plutonium.--Section 3155
of the National Defense Authorization Act for Fiscal Year 2002
(Public Law 107-107; 115 Stat. 1378) is--
(A) transferred to title XLIII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4307; and
(C) inserted after section 4306, as added by
paragraph (7).
(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 amended by adding at the end the following
new headings:

``TITLE XLIV--ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT MATTERS

``Subtitle A--Environmental Restoration and Waste Management''.

(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 Authorization 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 National 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 Authorization 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
inserting ``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 management 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 Authorization 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 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 Authorization Act for Fiscal Year
1997 (Public Law 104-201; 110 Stat. 2839), and section 3160 of
the National 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 Authorization 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 for environmental 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 Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4405;
(C) inserted after section 4404, as added by
paragraph (5); and
(D) amended in subsection (b)(2) by inserting
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 Authorization 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 Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1833) is--
(A) transferred to title XLIV of division D of the
Bob Stump National Defense Authorization 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 management.--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 Authorization 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
following new section heading:

``SEC. 4408. PUBLIC PARTICIPATION IN PLANNING FOR ENVIRONMENTAL
RESTORATION AND WASTE MANAGEMENT AT DEFENSE NUCLEAR
FACILITIES.'';

and
(ii) by striking ``(e) Public Participation
in Planning.--''.
(10) Subtitle heading on closure of facilities.--Title XLIV
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 B--Closure of Facilities''.

(11) Projects to accelerate closure activities at defense
nuclear facilities.--Section 3143 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
Stat. 2836) is--
(A) transferred to title XLIV of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4421;
(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 permanent closure of
defense nuclear facilities.--Section 3156 of the National
Defense Authorization 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 Authorization 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 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 National 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 Authorization 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 Defense
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''.
(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 amended by adding at the end the following
new headings:

``TITLE XLV--SAFEGUARDS AND SECURITY MATTERS

``Subtitle A--Safeguards and Security''.

(2) Prohibition on international inspections of facilities
without protection of restricted data.--Section 3154 of the
National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104-106; 110 Stat. 624) is--
(A) transferred to title XLV of division D of the
Bob Stump National Defense Authorization 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 inserting
``The''; and
(ii) by striking ``(2) For purposes of
paragraph (1),'' and inserting ``(c) Restricted
Data Defined.--In this section,''.
(3) Restrictions on access to laboratories 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 Authorization 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
subparagraph (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
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 Laboratory,
Livermore, California.
``(B) Los Alamos National Laboratory, Los Alamos,
New Mexico.
``(C) Sandia National Laboratories, Albuquerque,
New Mexico and Livermore, California.
``(4) The term `Restricted Data' has the meaning 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--
(A) transferred to title XLV of division D of the
Bob Stump National Defense Authorization 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
inserting ``October 5, 1999,''; and
(ii) by adding at the end the following new
subsection:
``(c) Definitions.--In this section, the terms `national
laboratory' and `Restricted Data' have the meanings given such terms in
section 4502(g)).''.
(5) Counterintelligence polygraph program.--
(A) Department of energy counterintelligence
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 Authorization
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 inserting ``section
4504A''.
(B) Counterintelligence polygraph program.--Section
3154 of the National Defense 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 Authorization
Act for Fiscal Year 2003, as amended by this
subsection;
(ii) redesignated as section 4504A;
(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 counterintelligence 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 Authorization 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 Authorization 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 ``section 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 Authorization 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 following new
subsection:
``(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 Authorization 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 following new
subsection:
``(f) National Laboratory Defined.--In this section, the term
`national laboratory' has the meaning given that term in section
4502(g)(3).''.
(10) Subtitle heading on classified information.--Title XLV
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 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 Authorization 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 release of restricted
data and formerly restricted data.--Section 3161 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 2259), as amended by
section 1067(3) of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 774) and section
3193 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-480), is--
(A) transferred to title XLV of division D of the
Bob Stump National Defense Authorization 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 ``Commencing
with inadvertent releases discovered on or
after October 30, 2000, the Secretary''.
(13) Supplement to plan for declassification of restricted
data and formerly restricted data.--Section 3149 of the
National 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 Authorization 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
``subsection (a) of section 3161 of the Strom
Thurmond National Defense Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 2260; 50
U.S.C. 435 note)'' and inserting ``subsection
(a) of section 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,'';
(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 inserting
``subsection (d) of section 4522''.
(14) Protection of classified information during
laboratory-to-laboratory exchanges.--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 Authorization 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 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 Authorization 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 inserting
``October 5, 1999,''.
(16) Subtitle heading on emergency response.--Title XLV 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--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--
(A) transferred to title XLV of division D of the
Bob Stump National Defense Authorization 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 amended 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 personnel.--Section 3161 of the
National Defense Authorization 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 Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261; 112 Stat. 2253, 2257), and
section 3191 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-480), is--
(A) transferred to title XLVI of division D of the
Bob Stump National Defense Authorization 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 Authorization 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
(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 Authorization 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 Defense
Authorization Act for Fiscal Year 1997 (42
U.S.C. 7274n)'' and inserting ``section 4421'';
and
(ii) in subsection (g), by striking
``section 3143(h) of the National Defense
Authorization Act for Fiscal Year 1997'' and
inserting ``section 4421(h)''.
(5) Defense nuclear facility workforce restructuring
plan.--Section 3161 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2644), as
amended by section 1070(c)(2) of the National Defense
Authorization Act for Fiscal Year 1995 (Public 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 Authorization 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:
``(g) Department of Energy Defense Nuclear Facility Defined.--In
this section, the term `Department 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 Savannah
River, South Carolina; and the Mound Laboratory, Ohio), but the
term does not include any facility that does not conduct atomic
energy defense activities 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 Secretary;
``(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 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 Energy 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 Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4605; and
(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 Fiscal 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.--Section 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 Authorization 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 National 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 Authorization 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
Authorization Act for Fiscal Year 1994 (Public
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 development 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 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 Authorization 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 safety.--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 weapons facilities.--
Section 3131 of the National Defense 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 Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(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 Authorization 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 defense nuclear
facilities exposed to hazardous and 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 Authorization 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 following
new subsection:
``(c) Definitions.--In this section:
``(1) The term `Department of Energy defense nuclear
facility' has the meaning given that term in section 4604(g).
``(2) The term `Department of Energy employee' means any
employee of the Department of Energy employed at a Department
of Energy defense 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 Matters.--
(1) Headings.--Division D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this
section, is further amended by adding at the end the following
new headings:

``TITLE XLVII--BUDGET AND FINANCIAL MANAGEMENT MATTERS

``Subtitle A--Recurring National Security Authorization Provisions''.

(2) Recurring national security authorization 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);
(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 redesignated, by
striking ``sections 3629 and 3630'' and
inserting ``sections 4710 and 4711'';
(ii) in section 4706(a)(3)(B), as so
redesignated, by striking ``section 3626'' and
inserting ``section 4707'';
(iii) in section 4707(c), as so
redesignated, by striking ``section
3625(b)(2)'' and inserting ``section
4706(b)(2)'';
(iv) in section 4710(c), as so
redesignated, by striking ``section 3621'' and
inserting ``section 4702'';
(v) in section 4711(c), as so redesignated,
by striking ``section 3621'' and inserting
``section 4702''; and
(vi) in section 4712, as so redesignated,
by striking ``section 3621'' and inserting
``section 4702''.
(3) Subtitle heading on penalties.--Title XLVII 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 B--Penalties''.

(4) Restriction on use of funds to pay penalties under
environmental laws.--Section 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 Authorization 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
Authorization 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 Authorization 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 heading:

``SEC. 4722. RESTRICTION ON USE OF FUNDS TO PAY PENALTIES 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 Applications 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 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 Matters''.

(7) Single request for authorization of appropriations for
common defense and security programs.--Section 208 of the
Department of Energy National Security and Military
Applications of Nuclear Energy Authorization Act of 1979
(Public Law 95-509; 92 Stat. 1779) is--
(A) transferred to title XLVII of division D of the
Bob Stump National Defense Authorization 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 heading:

``SEC. 4731. SINGLE REQUEST FOR AUTHORIZATION OF APPROPRIATIONS FOR
COMMON DEFENSE AND SECURITY PROGRAMS.'';

and
(ii) by striking ``Sec. 208.''.
(k) Administrative Matters.--
(1) Headings.--Division D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this
section, is further amended 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 Authorization 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
(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 contractors 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 Authorization 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
inserting ``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
(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 weapons testing programs.--Section 3141 of
the National 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 Authorization 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 development.--Title
XLVIII 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 B--Research and Development''.

(6) Laboratory-directed research and development.--Section
3132 of the National Defense Authorization Act for Fiscal Year
1991 (Public Law 101-510; 104 Stat. 1832) is--
(A) transferred to title XLVIII of division D of
the Bob Stump National Defense Authorization 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 laboratory directed
research and development.--
(A) Limitations on use of funds for laboratory
directed research and development.--Section 3137 of the
National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 2038) is--
(i) transferred to title XLVIII of division
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
Defense 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
``section 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
(III) in subsection (e), by
striking ``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 purposes.--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 Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2038),
is--
(i) transferred to title XLVIII of division
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 inserting
``of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201)'' after
``section 3101''.
(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 Authorization 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 collaboration program.--
Section 3155 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 Authorization 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
(D) amended in subsection (c) by striking ``this
title'' and inserting ``title XXXI of the National
Defense Authorization Act for Fiscal Year 1998 (Public
Law 105-85)''.
(10) Subtitle heading on facilities management.--Title
XLVIII 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--Facilities Management''.

(11) Transfers of real property at certain facilities.--
Section 3158 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2046) is--
(A) transferred to title XLVIII of division D of
the Bob Stump National Defense Authorization Act for
Fiscal Year 2003, as amended by this subsection;
(B) redesignated as section 4831; and
(C) inserted after the heading for subtitle C of
such title, as added by paragraph (10).
(12) Engineering and manufacturing research, development,
and demonstration at certain nuclear weapons production
plants.--Section 3156 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-467) is--
(A) transferred to title XLVIII of division D of
the Bob Stump National Defense Authorization 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 Authorization 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
(D) amended in subsection (d) by striking
``sections 202 and 203(j) of the Federal Property 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 matters.--Title XLVIII 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 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 Authorization 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--
(i) by inserting before the text the
following new section heading:

``SEC. 4851. SEMIANNUAL REPORTS ON LOCAL IMPACT ASSISTANCE.'';

(ii) by striking ``(f) Semiannual Reports
on Local Impact Assistance.--''; and
(iii) by striking ``section 3161(c)(6) of
the National Defense Authorization Act of
Fiscal Year 1993 (42 U.S.C. 7274h(c)(6))'' and
inserting ``section 4604(c)(6)''.
(l) Matters Relating to Particular Facilities.--
(1) Headings.--Division D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this
section, is further amended by adding at the end the following
new headings:

``TITLE XLIX--MATTERS RELATING TO PARTICULAR FACILITIES

``Subtitle A--Hanford Reservation, Washington''.

(2) Safety measures for waste tanks.--Section 3137 of the
National Defense Authorization 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 Authorization 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
enactment 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
enactment of this Act,'' and inserting ``Not
later than March 5, 1991,'';
(iv) in subsection (c), by striking
``Beginning 120 days after the date of the
enactment of this Act,'' and inserting
``Beginning March 5, 1991,''; and
(v) in subsection (d), by striking ``Within
six months of 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 National 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 Authorization 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
National 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
enactment of this Act,'' and inserting
``May 5, 1991,''; and
(II) in paragraph (3), by striking
``18 months after the date of the
enactment of this Act,'' and inserting
``May 5, 1992,''.
(4) Waste tank cleanup program.--Section 3139 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 2250), as amended by
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-463) and section 3135 of
the National Defense Authorization 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 Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(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 Authorization 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 Authorization 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
following new section heading:

``SEC. 4904. RIVER PROTECTION PROJECT.'';

and
(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 Authorization 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
inserting ``section 4904''; and
(ii) by striking ``the date of the
enactment 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 subsection, 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 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 Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 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.--Subsection (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 Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) inserted after section 4911, as added by
paragraph (8); and
(C) amended--
(i) by inserting before the text the
following 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 inserting ``The Secretary of
Energy''.
(10) Continuation of processing, treatment, and disposal of
legacy nuclear materials.--
(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 division 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
(iii) amended--
(I) by inserting before the text
the following new section heading:

``SEC. 4913. CONTINUATION OF PROCESSING, TREATMENT, AND DISPOSAL OF
LEGACY NUCLEAR MATERIALS.'';

and
(II) by striking ``(a)
Continuation.--''.
(B) Fiscal year 2000.--Section 3132 of the National
Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65; 113 Stat. 924) is--
(i) transferred to title XLIX of division 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 Authorization Act for Fiscal
Year 1999 (Public Law 105-261; 112 Stat. 2248) is--
(i) transferred to title XLIX of division 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 Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2038)
is--
(i) transferred to title XLIX of division 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 MATERIALS.'';

and
(II) by striking ``(b) Requirement
for Continuing Operations at Savannah
River Site.--''.
(E) Fiscal year 1997.--Subsection (f) of section
3142 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2836)
is--
(i) transferred to title XLIX of division 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 MATERIALS.'';

(II) by striking ``(f) Requirement
for Continuing Operations at Savannah
River Site.--The Secretary'' and
inserting ``The Secretary of Energy'';
and
(III) by striking ``subsection
(e)'' and inserting ``section 4912''.
(11) Limitation on use of funds for decommissioning 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 Authorization 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
following new section heading:

``SEC. 4914. LIMITATION ON USE OF FUNDS FOR DECOMMISSIONING 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 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 inserting
``the Secretary of Energy''.
(12) Subtitle heading on other facilities.--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''.

(13) 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 (12).
(m) Conforming Amendments.--(1) Title XXXVI of the Bob Stump
National Defense Authorization Act for 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 National 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 NUCLEAR 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.).

Passed the Senate May 22, 2003.

Attest:

Secretary.
108th CONGRESS

1st Session

S. 1049

_______________________________________________________________________

AN ACT

To authorize appropriations for fiscal year 2004 for defense activities
of the Department of Energy, and for other purposes.