Congressional Record Weekly Update

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1A) Strategic Nuclear Provisions
SEC. 1031. STRATEGIC FORCE STRUCTURE PLAN FOR NUCLEAR WEAPONS AND DELIVERY SYSTEMS.

(a) PLAN REQUIRED.--The Secretary of Defense and the Secretary of Energy shall jointly prepare a plan for the United States strategic force structure for nuclear weapons and nuclear weapons delivery systems for the period of fiscal years from 2003 through 2012. The plan shall--

(1) define the range of missions assigned to strategic nuclear forces in the national defense strategy consistent with--
(A) the Quadrennial Defense Review dated September 30, 2001, under section 118 of title 10, United States Code;
(B) the Nuclear Posture Review dated December 2001 under section 1041 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-262); and
(C) other relevant planning documents;

(2) delineate a baseline strategic force structure for such weapons and systems over such period consistent with such Nuclear Posture Review;

(3) define sufficient force structure, force modernization and life extension plans, infrastructure, and other elements of the defense program of the United States associated with such weapons and systems that would be required to execute successfully the full range of missions defined under paragraph (1);

(4) identify the budget plan that would be required to provide sufficient resources to execute successfully the full range of missions using such force structure called for in that national defense strategy; and

(5)(A) evaluate options for achieving, prior to fiscal year 2012, a posture under which the United States maintains a number of operationally deployed nuclear warheads at a level of from 1,700 to 2,200 such warheads, as outlined in the Nuclear Posture Review referred to in paragraph (1)(B); and
(B) contain an assessment of the advantages and disadvantages of options for achieving such posture as early as 2007, including effects on cost, the dismantlement workforce, and any other affected matter.
(b) REPORT.--Not later than March 1, 2003, the Secretary of Defense and the Secretary of Energy shall submit a report on the plan to the congressional defense committees.

SEC. 1032. ANNUAL REPORT ON WEAPONS TO DEFEAT HARDENED AND DEEPLY BURIED TARGETS.
(a) ANNUAL REPORT.--Not later than April 1 of each year, the Secretary of Defense, the Secretary of Energy, and the Director of Central Intelligence shall jointly submit to the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a report on the research and development, procurement, and other activities undertaken during the preceding fiscal year by the Department of Defense, the Department of Energy, and the intelligence community to develop weapons to defeat hardened and deeply buried targets.
(b) REPORT ELEMENTS.--The report for a fiscal year under subsection (a) shall-- (1) include a discussion of the integration and interoperability of the activities referred to in that subsection that were undertaken during that fiscal year, including a discussion of the relevance of such activities to applicable recommendations by theChairman of the Joint Chiefs of Staff, assisted under section 181(b) of title 10, United States Code, by the Joint Requirements Oversight Council; and
(2) set forth separately a description of the activities referred to in that subsection, if any, that were undertaken during such fiscal year by each element of--

(A) the Department of Defense;

(B) the Department of Energy; and

(C) the intelligence community.
(c) DEFINITION.--In this section, the term ``intelligence community'' has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
(d) TERMINATION.--No report is required under this section after the submission of the report that is due on April 1, 2007.

SEC. 1033. REPORT ON EFFECTS OF NUCLEAR EARTH-PENETRATOR WEAPON AND OTHER WEAPONS.

(a) NATIONAL ACADEMY OF SCIENCES STUDY.--The Secretary of Defense shall request the National Academy of Sciences to conduct a study and prepare a report on the following:
(1) The anticipated short-term effects and long-term effects of the use by the United States of a nuclear earth-penetrator weapon on the target area, including the effects on civilian populations in proximity to the target area at the time of or after such use and the effects on United States military personnel who after such use carry out operations or battle damage assessments in the target area.
(2) The anticipated short-term and long-term effects on civilian population in proximity to a target area--
(A) if a non-penetrating nuclear weapon is used to attack a hard or deeply-buried target; and
(B) if a conventional high-explosive weapon is used to attack an adversary's facilities for storage or production of weapons of mass destruction and, as a result of such attack, radioactive, nuclear, biological, or chemical weapons materials, agents, or other contaminants are released or spread into populated areas.

(b) REPORT.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress the report under subsection (a), together with any comments the Secretary may consider appropriate on the report. The report shall be submitted in unclassified form to the maximum extent possible, with a classified annex if needed.

1B) Nonproliferation Provisions Independent of CTR Programs
SEC. 1203. LIMITATION ON FUNDING FOR JOINT DATA EXCHANGE CENTER IN MOSCOW.

    (a) LIMITATION.--Not more than 50 percent of the funds made available to the Department of Defense for fiscal year 2003 for activities associated with the Joint Data Exchange Center in Moscow, Russia, may be obligated or expended for any such activity until--

    (1) the United States and the Russian Federation enter into a cost-sharing agreement as described in subsection (d) of section 1231 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-329);

    (2) the United States and the Russian Federation enter into an agreement or agreements exempting the United States and any United States person from Russian taxes, and from liability under Russian laws, with respect to activities associated with the Joint Data Exchange Center;

    (3) the Secretary of Defense submits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a copy of each agreement referred to in paragraphs (1) and (2); and

    (4) a period of 30 days has expired after the date of the final submission under paragraph (3).

    (b) JOINT DATA EXCHANGE CENTER.--For purposes of this section, the term ``Joint Data Exchange Center'' means the United States-Russian Federation joint center for the exchange of data to provide early warning of launches of ballistic missiles and for notification of such launches that is provided for in a joint United States-Russian Federation memorandum of agreement signed in Moscow in June 2000.

   SEC. 1204. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO INSPECT AND MONITOR IRAQI WEAPONS ACTIVITIES.

    (a) LIMITATION ON AMOUNT OF ASSISTANCE IN FISCAL YEAR 2003.--The total amount of the assistance for fiscal year 2003 that is provided by the Secretary of Defense under section 1505 of the Weapons of Mass Destruction Control Act of 1992 (22 U.S.C. 5859a) as activities of the Department of Defense in support of activities under that Act may not exceed $15,000,000.

    (b) EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE.--Subsection (f) of section 1505 of the Weapons of Mass Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended by striking ``2002'' and inserting ``2003''.

   SEC. 1205. COMPREHENSIVE ANNUAL REPORT TO CONGRESS ON COORDINATION AND INTEGRATION OF ALL UNITED STATES NONPROLIFERATION ACTIVITIES.

    Section 1205 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1247) is amended by adding at the end the following new subsection:

    ``(d) ANNUAL REPORT ON IMPLEMENTATION OF PLAN.--(1) Not later than January 31, 2003, and each year thereafter, the President shall submit to Congress a report on the implementation of the plan required by subsection (a) during the preceding year.

    ``(2) Each report under paragraph (1) shall include--

    ``(A) a discussion of progress made during the year covered by such report in the matters of the plan required by subsection (a);

    ``(B) a discussion of consultations with foreign nations, and in particular the Russian Federation, during such year on joint programs to implement the plan;

    ``(C) a discussion of cooperation, coordination, and integration during such year in the implementation of the plan among the various departments and agencies of the United States Government, as well as private entities that share objectives similar to the objectives of the plan; and

    ``(D) any recommendations that the President considers appropriate regarding modifications to law or regulations, or to the administration or organization of any Federal department or agency, in order to improve the effectiveness of any programs carried out during such year in the implementation of the plan.''.

   SEC. 1206. REPORT REQUIREMENT REGARDING RUSSIAN PROLIFERATION TO IRAN AND OTHER COUNTRIES OF PROLIFERATION CONCERN.

    (a) REPORT REQUIREMENT.--Not later than March 15 of 2003 through 2009, the President shall submit to Congress a report (in unclassified and classified form as necessary) describing in detail Russian proliferation of weapons of mass destruction and ballistic missile goods, technology, expertise, and information, and of dual-use items that may contribute to the development of weapons of mass destruction and ballistic missiles, to Iran and to other countries of proliferation concern during the year preceding the year in which the report is submitted. The report shall include a detailed description of the following, for the year covered by the report:

    (1) The number, type, and quality of direct and dual-use weapons of mass destruction and ballistic missile goods, technology, expertise, and information transferred.

    (2) The form, location, and manner in which such transfers took place.

    (3) The contribution that such transfers could make to the recipient countries' weapons of mass destruction and ballistic missile programs, and an estimate of how soon such countries will test, possess, and deploy weapons of mass destruction and ballistic missiles.

    (4) The impact and consequences that such transfers have, and could have over the next 10 years--

    (A) on United States national security;

    (B) on United States military forces deployed in the region to which such transfers are being made;

    (C) on United States allies, friends, and interests in that region; and

    (D) on the military capabilities of the country receiving such transfers from Russia.

    (5) The policy and strategy that the President intends to employ to halt Russian proliferation, the policy tools that the President intends to use to carry out that policy and strategy, the rationale for employing such tools, and the timeline by which the President expects to see material progress in ending Russian proliferation of direct and dual-use weapons of mass destruction and missile goods, technology, expertise, and information.

    (b) DEFINITION.--In this section, the term ``country of proliferation concern'' means any country identified by the Director of Central Intelligence as having engaged in the acquisition of dual-use and other technology useful for the development or production of weapons of mass destruction (including nuclear weapons, chemical weapons, and biological weapons) or advanced conventional munitions--

    (1) in the most recent report under section 721 of the Combatting Proliferation of Weapons of Mass Destruction Act of 1996 (title VII of Public Law 104-293; 50 U.S.C. 2366); or

    (2) in any successor report on the acquisition by foreign countries of dual-use and other technology useful for the development or production of weapons of mass destruction.

   SEC. 1207. MONITORING OF IMPLEMENTATION OF 1979 AGREEMENT BETWEEN THE UNITED STATES AND CHINA ON COOPERATION IN SCIENCE AND TECHNOLOGY.

    (a) IN GENERAL.--The Secretary of State shall--

    (1) monitor the implementation of the Agreement specified in subsection (c);

    (2) keep a systematic account of the protocols to the Agreement;

    (3) coordinate the activities of all agencies of the United States Government that carry out cooperative activities under the Agreement; and

    (4) ensure that all activities conducted under the Agreement comply with applicable laws and regulations concerning the transfer of militarily sensitive technologies and dual-use technologies.

    (b) RESPONSIBILITIES OF THE OFFICE OF SCIENCE AND TECHNOLOGY COOPERATION.--Except as otherwise provided by the Secretary of State, the functions of the Secretary under this section shall be carried out through the Director of the Office of Science and Technology Cooperation of the Department of State.

    (c) AGREEMENT DEFINED.--For purposes of this section, the term ``Agreement'' means the agreement between the United States and the People's Republic of China known as the ``Agreement between the Government of the United States of America and the Government of the People's Republic of China on Cooperation in Science and Technology'', signed in Washington on January 31, 1979, and its protocols.

    (d) BIENNIAL REPORT TO CONGRESS.--(1) Not later than April 1 of each even-numbered year, the Secretary of State shall submit to Congress a report on the implementation of the Agreement and on activities under the Agreement. Each such report shall be submitted in both classified and unclassified form, as necessary.

    (2) Each report under this subsection shall provide an evaluation of the benefits of the Agreement to the economy, to the military, and to the industrial base of the People's Republic of China and shall include the following:

    (A) An accounting of all activities conducted under the Agreement since the previous report (or, in the case of the first report, since the Agreement was entered into) and a projection of activities to be undertaken under the Agreement during the next two years.

    (B) An estimate of the costs to the United States to administer the Agreement during the period covered by the report.

    (C) An assessment of how the Agreement has influenced the foreign and domestic policies of the People's Republic of China and the policy of the People's Republic of China toward scientific and technological cooperation with the United States.

    (D) An analysis by the Director of Central Intelligence of the involvement of military specialists, weapons specialists, and intelligence specialists of the People's Republic of China in the activities of the Joint Commission established under the Agreement and in other activities conducted under the Agreement.

    (E) A determination by the Secretary of Defense, developed with the assistance of the Director of Central Intelligence, of the extent to which the activities conducted under the Agreement have enhanced the military and defense industrial base of the People's Republic of China, and an assessment of the effect that projected activities under the Agreement for the next two years, including the transfer of technology and know-how, could have on the economic and military capabilities of the People's Republic of China.

    (F) An assessment by the Inspector General of the Department of Commerce of--

    (i) the extent to which programs or activities carried out under the Agreement provide access to technology, information, or know-how that could enhance military capabilities of the People's Republic of China; and

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    (ii) the extent to which those programs or activities are carried out in compliance with export control laws and regulations of the United States, especially those laws and regulations governing so-called ``deemed exports''.

    (G) Any recommendations of the Secretary of State, Secretary of Defense, or Director of Central Intelligence for improving the monitoring of the activities of the Joint Commission established under the Agreement.

    (3) The Secretary of State shall prepare each report under this subsection in consultation with the Secretary of Defense, the Secretary of Energy, the Director of Central Intelligence, the Director of the Federal Bureau of Investigation, and the Director of the National Science Foundation.

    (e) INTERAGENCY WORKING GROUP.--The President shall establish an interagency working group to oversee the implementation of the Agreement by departments and agencies of the United States. The working group shall consist of representatives of such departments, agencies, and offices of the executive branch as the President considers appropriate. The working group shall perform the following functions:

    (1) Assisting the Secretary of State and other appropriate officials in setting standards under the Agreement for science and technology transfers between the United States and the People's Republic of China.

    (2) Monitoring ongoing programs and activities under the Agreement and recommending future programs and activities under the Agreement.

    (3) Developing a comprehensive database of all government-to-government programs and United States Government-funded programs under the Agreement.

    (4) Coordinating activities under the Agreement between United States Government agencies, including elements of the intelligence community, as appropriate.

   SEC. 1208. EXTENSION OF CERTAIN COUNTERPROLIFERATION ACTIVITIES AND PROGRAMS.

    (a) EXTENSION OF INTERAGENCY COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE.--Section 1605(f) of the National Defense Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note) is amended by striking ``September 30, 2004'' and inserting ``September 30, 2008''.

    (b) LATER DEADLINE FOR SUBMISSION OF ANNUAL REPORT.--Subsection (a) of section 1503 of the National Defense Authorization Act for Fiscal Year 1995 (22 U.S.C. 2751 note) is amended by striking ``February 1 of each year'' and inserting ``May 1 each year''.

    (c) ADDITIONAL MATTERS TO BE INCLUDED IN ANNUAL REPORT.--Subsection (b) of such section is amended by adding at the end the following new paragraph:

    ``(8) A discussion of the limitations and impediments to the biological weapons counterproliferation efforts of the Department of Defense (including legal, policy, and resource constraints) and recommendations for the removal or mitigation of such impediments and for ways to make such efforts more effective.''.

    (d) TECHNICAL AMENDMENT TO REFLECT CHANGE IN POSITION TITLE.--Section 1605(a)(4) of the National Defense Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note) is amended by striking ``Under Secretary of Defense for Acquisition and Technology'' in the first sentence and inserting ``Under Secretary of Defense for Acquisition, Technology, and Logisitics''.

   SEC. 1209. SEMIANNUAL REPORT BY DIRECTOR OF CENTRAL INTELLIGENCE ON CONTRIBUTIONS BY FOREIGN PERSONS TO EFFORTS BY COUNTRIES OF PROLIFERATION CONCERN TO OBTAIN WEAPONS OF MASS DESTRUCTION AND THEIR DELIVERY SYSTEMS.

    (a) CONTENT OF SEMIANNUAL REPORT.--The Combatting Proliferation of Weapons of Mass Destruction Act of 1996 (title VII of Public Law 104-293) is amended by inserting after section 721 (50 U.S.C. 2366) the following new section:

   ``SEC. 722. SEMIANNUAL REPORT ON CONTRIBUTIONS OF FOREIGN PERSONS TO WEAPONS OF MASS DESTRUCTION AND DELIVERY SYSTEMS EFFORTS OF COUNTRIES OF PROLIFERATION CONCERN.

    ``(a) REPORTS.--The Director of Central Intelligence shall submit to Congress a semiannual report identifying each foreign person that, during the period covered by the report, made a material contribution to the research, development, production, or acquisition by a country of proliferation concern of--

    ``(1) weapons of mass destruction (including nuclear weapons, chemical weapons, or biological weapons); or

    ``(2) ballistic or cruise missile systems.

    ``(b) PERIOD OF SEMIANNUAL REPORTS.--Semiannual reports under subsection (a) shall be submitted as follows:

    ``(1) One semiannual report shall cover the first six months of the calendar year and shall be submitted not later than January 1 of the following year.

    ``(2) The other semiannual report shall cover the second six months of the calendar year and shall be submitted not later than July 1 of the following year.

    ``(c) FORM OF REPORTS.--(1) A report under subsection (a) may be submitted in classified form, in whole or in part, if the Director of Central Intelligence determines that submittal in that form is advisable.

    ``(2) Any portion of a report under subsection (a) that is submitted in classified form shall be accompanied by an unclassified summary of such portion.

    ``(d) DEFINITIONS.--In this section:

    ``(1) The term `foreign person' means any of the following:

    ``(A) A natural person who is not a citizen of the United States.

    ``(B) A corporation, business association, partnership, society, trust, or other nongovernmental entity, organization, or group that is organized under the laws of a foreign country or has its principal place of business in a foreign country.

    ``(C) Any foreign government or foreign governmental entity operating as a business enterprise or in any other capacity.

    ``(D) Any successor, subunit, or subsidiary of any entity described in subparagraph (B) or (C).

    ``(2) The term `country of proliferation concern' means any country identified by the Director of Central Intelligence as having engaged in the acquisition of dual-use and other technology useful for the development or production of weapons of mass destruction (including nuclear weapons, chemical weapons, and biological weapons) or advanced conventional munitions--

    ``(A) in the most recent report under section 721; or

    ``(B) in any successor report on the acquisition by foreign countries of dual-use and other technology useful for the development or production of weapons of mass destruction.''.

    (b) EFFECTIVE DATE.--Section 722 of the Combatting Proliferation of Weapons of Mass Destruction Act of 1996, as added by subsection (a), shall take effect with the report with respect to the first six months of 2003 required to be submitted under that section not later than January 1, 2004.

   SEC. 1210. REPORT ON FEASIBILITY AND ADVISABILITY OF SENIOR OFFICER EXCHANGES BETWEEN THE ARMED FORCES OF THE UNITED STATES AND THE MILITARY FORCES OF TAIWAN.

    (a) PRESIDENTIAL REPORT.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on--

    (1) the feasibility and advisability of conducting combined operational training with, and exchanges of general and flag officers between, the Armed Forces of the United States and the military forces of Taiwan; and

    (2) the progress being made in meeting United States commitments to the security of Taiwan.

1C) Cooperative Threat Reduction Programs
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER SOVIET UNION

   Sec..1301..Specification of Cooperative Threat Reduction programs and funds.

   Sec..1302..Funding allocations.

   Sec..1303..Prohibition against use of funds until submission of reports.

   Sec..1304..Report on use of revenue generated by activities carried out under Cooperative Threat Reduction programs.

   Sec..1305..Prohibition against use of funds for second wing of fissile material storage facility.

   Sec..1306. Limited waiver of restrictions on use of funds for threat reduction in states of the former Soviet Union.

   SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND FUNDS.

    (a) SPECIFICATION OF CTR PROGRAMS.--For purposes of section 301 and other provisions of this Act, Cooperative Threat Reduction programs are the programs specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 note).

    (b) FISCAL YEAR 2003 COOPERATIVE THREAT REDUCTION FUNDS DEFINED.--As used in this title, the term ``fiscal year 2003 Cooperative Threat Reduction funds'' means the funds appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs.

    (c) AVAILABILITY OF FUNDS.--Funds appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs shall be available for obligation for three fiscal years.

   SEC. 1302. FUNDING ALLOCATIONS.

    (a) FUNDING FOR SPECIFIC PURPOSES.--Of the $416,700,000 authorized to be appropriated to the Department of Defense for fiscal year 2003 in section 301(23) for Cooperative Threat Reduction programs, the following amounts may be obligated for the purposes specified:

    (1) For strategic offensive arms elimination in Russia, $70,500,000.

    (2) For strategic nuclear arms elimination in Ukraine, $6,500,000.

    (3) For nuclear weapons transportation security in Russia, $19,700,000.

    (4) For nuclear weapons storage security in Russia, $40,000,000.

    (5) For activities designated as Other Assessments/Administrative Support, $14,700,000.

    (6) For defense and military contacts, $18,900,000.

    (7) For weapons of mass destruction infrastructure elimination activities in Kazakhstan, $9,000,000.

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    (8) For weapons of mass destruction infrastructure elimination activities in Ukraine, $8,800,000.

    (9) For chemical weapons destruction in Russia, $50,000,000.

    (10) For biological weapons proliferation prevention in the former Soviet Union, $55,000,000.

    (11) For weapons of mass destruction proliferation prevention in the States of the former Soviet Union, $40,000,000.

    (b) ADDITIONAL FUNDS AUTHORIZED FOR CERTAIN PURPOSES.--Of the funds authorized to be appropriated to the Department of Defense for fiscal year 2003 in section 301(23) for Cooperative Threat Reduction programs, $83,600,000 may be obligated for any of the purposes specified in paragraphs (1) through (4) and (9) of subsection (a) in addition to the amounts specifically authorized in such paragraphs.

    (c) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR OTHER PURPOSES.--No fiscal year 2003 Cooperative Threat Reduction funds may be obligated or expended for a purpose other than a purpose listed in paragraphs (1) through (11) of subsection (a) until 30 days after the date that the Secretary of Defense submits to Congress a report on the purpose for which the funds will be obligated or expended and the amount of funds to be obligated or expended. Nothing in the preceding sentence shall be construed as authorizing the obligation or expenditure of fiscal year 2003 Cooperative Threat Reduction funds for a purpose for which the obligation or expenditure of such funds is specifically prohibited under this title or any other provision of law.

    (d) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS.--(1) Subject to paragraphs (2) and (3), in any case in which the Secretary of Defense determines that it is necessary to do so in the national interest, the Secretary may obligate amounts appropriated for fiscal year 2003 for a purpose listed in any of the paragraphs in subsection (a) in excess of the specific amount authorized for that purpose.

    (2) An obligation of funds for a purpose stated in any of the paragraphs in subsection (a) in excess of the specific amount authorized for such purpose may be made using the authority provided in paragraph (1) only after--

    (A) the Secretary submits to Congress notification of the intent to do so together with a complete discussion of the justification for doing so; and

    (B) 15 days have elapsed following the date of the notification.

    (3) The Secretary may not, under the authority provided in paragraph (1), obligate amounts for a purpose stated in any of paragraphs (5) through (10) of subsection (a) in excess of 125 percent of the specific amount authorized for such purpose.

    (4) In this section, the term ``specific amount authorized'' means, with respect to a purpose listed in any paragraph in subsection (a)--

    (A) the amount specifically authorized for that purpose in subsection (a), plus

    (B) in the case of a purpose listed in paragraph (1), (2), (3), (4), or (9) of subsection (a), any amount obligated under subsection (b) for that purpose.

   SEC. 1303. PROHIBITION AGAINST USE OF FUNDS UNTIL SUBMISSION OF REPORTS.

    Not more than 50 percent of fiscal year 2003 Cooperative Threat Reduction funds may be obligated or expended until 30 days after the date of the submission of--

    (1) the report required to be submitted in fiscal year 2002 under section 1308(a) 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-341); and

    (2) the update for the multiyear plan required to be submitted for fiscal year 2001 under section 1205 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 22 U.S.C. 5952 note).

   SEC. 1304. REPORT ON USE OF REVENUE GENERATED BY ACTIVITIES CARRIED OUT UNDER COOPERATIVE THREAT REDUCTION PROGRAMS.

    (a) ADDITIONAL REPORT REQUIREMENTS.--Section 1308(c) 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-341) is amended by inserting at the end the following new paragraphs:

    ``(6) To the maximum extent practicable, a description of how revenue generated by activities carried out under Cooperative Threat Reduction programs in recipient States is being utilized, monitored, and accounted for.

    ``(7) A description of the defense and military activities carried out under Cooperative Threat Reduction programs during the fiscal year ending in the year preceding the year of the report, including--

    ``(A) the amounts obligated or expended for such activities;

    ``(B) the purposes, goals, and objectives for which such amounts were obligated and expended;

    ``(C) a description of the activities carried out, including the forms of assistance provided, and the justification for each form of assistance provided;

    ``(D) the success of each activity, including the goals and objectives achieved for each;

    ``(E) a description of participation by private sector entities in the United States in carrying out such activities, and the participation of any other Federal department or agency in such activities; and

    ``(F) any other information that the Secretary considers relevant to provide a complete description of the operation and success of activities carried out under Cooperative Threat Reduction programs.''.

    (b) EFFECTIVE DATE.--Paragraphs (6) and (7) of section 1308(c) of such Act, as added by subsection (a), shall apply beginning with the report submitted under that section in 2004.

   SEC. 1305. PROHIBITION AGAINST USE OF FUNDS FOR SECOND WING OF FISSILE MATERIAL STORAGE FACILITY.

    No funds authorized to be appropriated for Cooperative Threat Reduction programs for any fiscal year may be used for the design, planning, or construction of a second wing for a storage facility for Russian fissile material.

   SEC. 1306. LIMITED WAIVER OF RESTRICTIONS ON USE OF FUNDS FOR THREAT REDUCTION IN STATES OF THE FORMER SOVIET UNION.

    (a) AUTHORITY TO WAIVE RESTRICTIONS AND ELIGIBILITY REQUIREMENTS.--If the President submits the certification and report described in subsection (b) with respect to an independent state of the former Soviet Union for a fiscal year--

    (1) the restrictions in subsection (d) of section 1203 of the Cooperative Threat Reduction Act of 1993 (22 U.S.C. 5952) shall cease to apply, and funds may be obligated and expended under that section for assistance, to that state during that fiscal year; and

    (2) funds may be obligated and expended during that fiscal year under section 502 of the FREEDOM Support Act (22 U.S.C. 5852) for assistance or other programs and activities for that state even if that state has not met one or more of the requirements for eligibility under paragraphs (1) through (4) of that section.

    (b) CERTIFICATION AND REPORT.--(1) The certification and report referred to in subsection (a) are a written certification submitted by the President to Congress that the waiver of the restrictions and requirements described in paragraphs (1) and (2) of that subsection during such fiscal year is important to the national security interests of the United States, together with a report containing the following:

    (A) A description of the activity or activities that prevent the President from certifying that the state is committed to the matters set forth in the provisions of law specified in paragraphs (1) and (2) of subsection (a) in such fiscal year.

    (B) An explanation of why the waiver is important to the national security interests of the United States.

    (C) A description of the strategy, plan, or policy of the President for promoting the commitment of the state to, and compliance by the state with, such matters, notwithstanding the waiver.

    (2) The matter included in the report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

    (c) FISCAL YEARS COVERED.--The authority under subsection (a) shall apply only with respect to fiscal years 2003, 2004, and 2005.

    (d) EXPIRATION OF AUTHORITY.--The authority under subsection (a) shall expire on September 30, 2005.

    (e) ADMINISTRATION OF RESTRICTIONS ON ASSISTANCE.--Subsection (d) of section 1203 of the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103-160; 107 Stat. 1778; 22 U.S.C. 5952) is amended--

    (1) by striking ``any year'' and inserting ``any fiscal year''; and

    (2) by striking ``that year'' and inserting ``such fiscal year''.

1D) Department of Energy Provisions
Subtitle A--National Security Programs Authorizations

   SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

    (a) AUTHORIZATION OF APPROPRIATIONS.--Funds are hereby authorized to be appropriated

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    (1) For weapons activities, $5,901,641,000.

    (2) For defense nuclear nonproliferation activities, $1,104,130,000.

    (3) For naval reactors, $706,790,000.

    (4) For the Office of the Administrator for Nuclear Security, $325,929,000.

    (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 as follows:

    (1) For weapons activities, the following new plant projects:

    Project 03-D-101, Sandia underground reactor facility (SURF), Sandia National Laboratories, Albuquerque, New Mexico, $2,000,000.

    Project 03-D-103, project engineering and design, various locations, $17,039,000.

    Project 03-D-121, gas transfer capacity expansion, Kansas City Plant, Kansas City, Missouri, $4,000,000.

    Project 03-D-122, prototype purification facility, Y-12 plant, Oak Ridge, Tennessee, $20,800,000.

    Project 03-D-123, special nuclear materials requalification, Pantex plant, Amarillo, Texas, $3,000,000.

    (2) For naval reactors, the following new plant project:

    Project 03-D-201, cleanroom technology facility, Bettis Atomic Power Laboratory, West Mifflin, Pennsylvania, $7,200,000.

   SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.

    (a) AUTHORIZATION OF APPROPRIATIONS.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2003 for environmental management activities in carrying out programs necessary for national security in the amount of $6,759,846,000, to be allocated as follows:

    (1) For defense environmental restoration and waste management, $4,510,133,000.

    (2) For defense environmental management cleanup reform in carrying out environmental restoration and waste management activities necessary for national security programs, $982,000,000.

    (3) For defense facilities closure projects, $1,109,314,000.

    (4) For defense environmental management privatization, $158,399,000.

    (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 as follows:

    (1) For environmental restoration and waste management activities, the following new plant project:

    Project 03-D-403, immobilized high-level waste interim storage facility, Richland, Washington, $6,363,000.

    (2) For defense environmental management cleanup reform, the following new plant project:

    Project 03-D-414, project engineering and design, various locations, $8,800,000.

   SEC. 3103. OTHER DEFENSE ACTIVITIES.

    Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2003 for other defense activities in carrying out programs necessary for national security in the amount of $462,664,000.

   SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

    Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2003 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 $315,000,000.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

   SEC. 3141. ANNUAL ASSESSMENTS AND REPORTS TO THE PRESIDENT AND CONGRESS REGARDING THE CONDITION OF THE UNITED STATES NUCLEAR WEAPONS STOCKPILE.

    (a) ANNUAL ASSESSMENTS REQUIRED.--For each nuclear weapon type in the stockpile of the United States, each official specified in subsection (b) on an annual basis shall, to the extent such official is directly responsible for the safety, reliability, performance, or military effectiveness of that nuclear weapon type, complete an assessment of the safety, reliability, performance, or military effectiveness (as the case may be) of that nuclear weapon type.

    (b) COVERED OFFICIALS.--The officials referred to in subsection (a) are the following:

    (1) The head of each national security laboratory.

    (2) The commander of the United States Strategic Command.

    (c) USE OF TEAMS OF EXPERTS FOR ASSESSMENTS.--The head of each national security laboratory shall establish and use one or more teams of experts, known as ``red teams'', to assist in the assessments required by subsection (a). Each such team shall include experts from both of the other national security laboratories. Each such team for a national security laboratory shall--

    (1) review the matters covered by the assessments under subsection (a) performed by the head of that laboratory;

    (2) subject such matters to challenge; and

    (3) submit the results of such review and challenge, together with the findings and recommendations of such team with respect to such review and challenge, to the head of that laboratory.

    (d) REPORT ON ASSESSMENTS.--Not later than December 1 of each year, each official specified in subsection (b) shall submit to the Secretary concerned, and to the Nuclear Weapons Council, a report on the assessments that such official was required by subsection (a) to complete. The report shall include the following:

    (1) The results of each such assessment.

    (2)(A) Such official's determination as to whether or not one or more underground nuclear tests are necessary to resolve any issues identified in the assessments and, if so--

    (i) an identification of the specific underground nuclear tests that are necessary to resolve such issues; and

    (ii) a discussion of why options other than an underground nuclear test are not available or would not resolve such issues.

    (B) An identification of the specific underground nuclear tests which, while not necessary, might have value in resolving any such issues and a discussion of the anticipated value of conducting such tests.

    (C) Such official's determination as to the readiness of the United States to conduct the underground nuclear tests identified under subparagraphs (A)(i) and (B), if directed by the President to do so.

    (3) In the case of a report submitted by the head of a national security laboratory--

    (A) a concise statement regarding the adequacy of the science-based tools and methods being used to determine the matters covered by the assessments;

    (B) a concise statement regarding the adequacy of the tools and methods employed by the manufacturing infrastructure required by section 3137 of the National Defense Authorization Act for Fiscal Year 1996 (42 U.S.C. 2121 note) to identify and fix any inadequacy with respect to the matters covered by the assessments; and

    (C) a concise summary of the findings and recommendations of any teams under subsection (c) that relate to the assessments, together with a discussion of those findings and recommendations.

    (4) In the case of a report submitted by the Commander of the United States Strategic Command, a discussion of the relative merits of other nuclear weapon types (if any), or compensatory measures (if any) that could be taken, that could enable accomplishment of the missions of the nuclear weapon types to which the assessments relate, should such assessments identify any deficiency with respect to such nuclear weapon types.

    (5) An identification and discussion of any matter having an adverse effect on the capability of the official submitting the report to accurately determine the matters covered by the assessments.

    (e) SUBMITTALS TO THE PRESIDENT AND CONGRESS.--(1) Not later than March 1 of each year, the Secretary of Defense and the Secretary of Energy shall submit to the President--

    (A) each report, without change, submitted to either Secretary under subsection (d) during the preceding year;

    (B) any comments that the Secretaries individually or jointly consider appropriate with respect to each such report;

    (C) the conclusions that the Secretaries individually or jointly reach as to the safety, reliability, performance, and military effectiveness of the nuclear weapons stockpile of the United States; and

    (D) any other information that the Secretaries individually or jointly consider appropriate.

    (2) Not later than March 15 of each year, the President shall forward to Congress the matters received by the President under paragraph (1) for that year, together with any comments the President considers appropriate.

    (f) CLASSIFIED FORM.--Each submittal under subsection (e) shall be in classified form only, with the classification level required for each portion of such submittal marked appropriately.

    (g) DEFINITIONS.--In this section:

    (1) The term ``national security laboratory'' has the meaning given such term in section 3281 of the National Nuclear Security Administration Act (50 U.S.C. 2471).

    (2) The term ``Secretary concerned'' means--

    (A) the Secretary of Energy, with respect to matters concerning the Department of Energy; and

    (B) the Secretary of Defense, with respect to matters concerning the Department of Defense.

    (h) FIRST SUBMISSIONS.--(1) The first submissions made under subsection (d) shall be the submissions required to be made in 2003.

    (2) The first submissions made under subsection (e) shall be the submissions required to be made in 2004.

   SEC. 3142. PLANS FOR ACHIEVING ENHANCED READINESS POSTURE FOR RESUMPTION BY THE UNITED STATES OF UNDERGROUND NUCLEAR WEAPONS TESTS.

    (a) PLANS REQUIRED.--The Secretary of Energy, in consultation with the Administrator for Nuclear Security, shall prepare plans for achieving, not later than one year after the date on which the plans are submitted under subsection (c), readiness postures of six months, 12 months, 18 months, and 24 months for resumption by the United States of underground nuclear weapons tests.

    (b) READINESS POSTURE.--For purposes of this section, a 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.

    (c) REPORT.--The Secretary shall include with the budget justification materials submitted to Congress in support of the Department of Energy budget for fiscal year 2004 (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a report on the plans required by subsection (a). The report shall include--

    (1) an assessment of the current readiness posture for resumption by the United States of underground nuclear weapons tests;

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    (2) the plans required by subsection (a) and, for each such plan, the estimated cost for implementing such plan and an estimate of the annual cost of maintaining the readiness posture to which the plan relates; and

    (3) the recommendation of the Secretary, developed in consultation with the Secretary of Defense, as to the optimal readiness posture for resumption by the United States of underground nuclear weapons tests, including the basis for that recommendation.

   SEC. 3143. REQUIREMENTS FOR SPECIFIC REQUEST FOR NEW OR MODIFIED NUCLEAR WEAPONS.

    (a) REQUIREMENT FOR REQUEST FOR FUNDS FOR DEVELOPMENT.--(1) In any fiscal year after fiscal year 2002 in which the Secretary of Energy plans to carry out activities described in paragraph (2) relating to the development of a new nuclear weapon or modified nuclear weapon, the Secretary shall specifically request funds for such activities in the budget of the President for that fiscal year under section 1105(a) of title 31, United States Code.

    (2) The activities described in this paragraph are as follows:

    (A) The conduct, or provision for conduct, of research and development which could lead to the production of a new nuclear weapon by the United States.

    (B) The conduct, or provision for conduct, of engineering or manufacturing to carry out the production of a new nuclear weapon by the United States.

    (C) The conduct, or provision for conduct, of research and development which could lead to the production of a modified nuclear weapon by the United States.

    (D) The conduct, or provision for conduct, of engineering or manufacturing to carry out the production of a modified nuclear weapon by the United States.

    (b) BUDGET REQUEST FORMAT.--The Secretary shall include in a request for funds under subsection (a) the following:

    (1) In the case of funds for activities described in subparagraph (A) or (C) of subsection (a)(2), a single dedicated line item for all such activities for new nuclear weapons or modified nuclear weapons that are in phase 1, 2, or 2A or phase 6.1, 6.2, or 6.2A (as the case may be), or any concept work prior to phase 1 or 6.1 (as the case may be), of the nuclear weapons acquisition process.

    (2) In the case of funds for activities described in subparagraph (B) or (D) of subsection (a)(2), a dedicated line item for each such activity for a new nuclear weapon or modified nuclear weapon that is in phase 3 or higher or phase 6.3 or higher (as the case may be) of the nuclear weapons acquisition process.

    (c) EXCEPTION.--Subsection (a) shall not apply to funds for purposes of conducting, or providing for the conduct of, research and development, or manufacturing and engineering, determined by the Secretary to be necessary--

    (1) for the nuclear weapons life extension program;

    (2) to modify an existing nuclear weapon solely to address safety or reliability concerns; or

    (3) to address proliferation concerns.

    (d) DEFINITIONS.--In this section:

    (1) The term ``life extension program'' means the program to repair or replace non-nuclear components, or to modify the pit or canned subassembly, of nuclear weapons that are in the nuclear weapons stockpile on the date of the enactment of this Act in order to assure that such nuclear weapons retain the ability to meet the military requirements applicable to such nuclear weapons when first placed in the nuclear weapons stockpile.

    (2) The term ``modified nuclear weapon'' means a nuclear weapon that contains a pit or canned subassembly, either of which--

    (A) is in the nuclear weapons stockpile as of the date of the enactment of this Act; and

    (B) is being modified in order to meet a military requirement that is other than the military requirements applicable to such nuclear weapon when first placed in the nuclear weapons stockpile.

    (3) The term ``new nuclear weapon'' means a nuclear weapon that contains a pit or canned subassembly, either of which is neither--

    (A) in the nuclear weapons stockpile on the date of the enactment of this Act; nor

    (B) in production as of that date.

   SEC. 3144. DATABASE TO TRACK NOTIFICATION AND RESOLUTION PHASES OF SIGNIFICANT FINDING INVESTIGATIONS.

    (a) AVAILABILITY OF FUNDS FOR DATABASE.--Amounts authorized to be appropriated by section 3101(a)(1) for the National Nuclear Security Administration for weapons activities shall be available to the Deputy Administrator for Nuclear Security for Defense Programs for the development and implementation of a database for all national security laboratories to track the notification and resolution phases of Significant Finding Investigations (SFIs). The purpose of the database is to facilitate the monitoring of the progress and accountability of the national security laboratories in Significant Finding Investigations.

    (b) IMPLEMENTATION DEADLINE.--The database required by subsection (a) shall be implemented not later than September 30, 2003.

    (c) NATIONAL SECURITY LABORATORY DEFINED.--In this section, the term ``national security laboratory'' has the meaning given that term in section 3281(1) of the National Nuclear Security Administration Act (title XXXII of Public Law 106-65; 113 Stat. 968; 50 U.S.C. 2471(1)).

   SEC. 3145. DEFENSE ENVIRONMENTAL MANAGEMENT CLEANUP REFORM PROGRAM.

    (a) PROGRAM REQUIRED.--From funds made available pursuant to section 3102(a)(2) for defense environmental management cleanup reform, the Secretary of Energy shall carry out a program to reform DOE environmental management activities. In carrying out the program, the Secretary shall allocate, to each site for which the Secretary has submitted to the congressional defense committees a site performance management plan, the amount of those funds that such plan requires.

    (b) TRANSFER AND MERGER OF FUNDS.--(1) Funds so allocated shall, notwithstanding section 3624, be transferred to the account for DOE environmental management activities and, subject to paragraph (2) and subsection (c), shall be merged with and be available for the same purposes and for the same period as the funds available in such account. The authority provided by section 3629 shall apply to funds so transferred.

    (2) No funds so allocated may be obligated or expended until 30 days after the Secretary submits to the congressional defense committees a description of the activities to be carried out at each site to which funds are so allocated.

    (c) LIMITATION ON USE OF ALL MERGED FUNDS.--Upon a transfer and merger of funds under subsection (b), all funds in the merged account that are available with respect to the site may be used only to carry out the site performance management plan for the site.

    (d) SITE PERFORMANCE MANAGEMENT PLAN DEFINED.--For purposes of this section, a site performance management plan for a site is a plan, agreed to by the applicable Federal and State agencies with regulatory jurisdiction with respect to the site, for the performance of activities to accelerate the reduction of environmental risk in connection with, and to accelerate the environmental cleanup of, the site.

    (e) DOE ENVIRONMENTAL MANAGEMENT ACTIVITIES DEFINED.--For purposes of this section, the term ``DOE environmental management activities'' means environmental restoration and waste management activities of the Department of Energy in carrying out programs necessary for national security.

   SEC. 3146. LIMITATION ON OBLIGATION OF FUNDS FOR ROBUST NUCLEAR EARTH PENETRATOR PROGRAM PENDING SUBMISSION OF REPORT.

    (a) REPORT-AND-WAIT REQUIREMENT.--None of the funds made available to the Secretary of Energy for fiscal year 2003 for the Robust Nuclear Earth Penetrator program may be obligated until--

    (1) the Secretary of Defense submits to the Committees on Armed Services of the Senate and House of Representatives a report described in subsection (b); and

    (2) a period of 30 days has passed after such report is received by those committees.

    (b) REPORT.--A report under subsection (a)(1) is a report on the Robust Nuclear Earth Penetrator program, prepared by the Secretary of Defense in consultation with the Secretary of Energy, that sets forth the following:

    (1) The military requirements for the Robust Nuclear Earth Penetrator.

    (2) The nuclear weapons employment policy regarding the Robust Nuclear Earth Penetrator.

    (3) A detailed description of the categories or types of targets that the Robust Nuclear Earth Penetrator is designed to hold at risk.

    (4) An assessment of the ability of conventional weapons to defeat the same categories and types of targets as are described pursuant to paragraph (3).

   Subtitle C--Proliferation Matters

   SEC. 3151. TRANSFER TO NATIONAL NUCLEAR SECURITY ADMINISTRATION OF DEPARTMENT OF DEFENSE'S COOPERATIVE THREAT REDUCTION PROGRAM RELATING TO ELIMINATION OF WEAPONS GRADE PLUTONIUM PRODUCTION IN RUSSIA.

    (a) TRANSFER OF PROGRAM.--There are hereby transferred to the Administrator for Nuclear Security the following:

    (1) The program, within the Cooperative Threat Reduction program of the Department of Defense, relating to the elimination of weapons grade plutonium production in Russia.

    (2) All functions, powers, duties, and activities of that program performed before the date of the enactment of this Act by the Department of Defense.

    (b) TRANSFER OF ASSETS.--(1) Notwithstanding any restriction or limitation in law on the availability of Cooperative Threat Reduction funds specified in paragraph (2), so much of the property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with the program transferred by subsection (a) are transferred to the Administrator for use in connection with the program transferred.

    (2) The Cooperative Threat Reduction funds specified in this paragraph are the following:

    (A) Fiscal year 2002 Cooperative Threat Reduction funds, as specified in section 1301(b) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1254; 22 U.S.C. 5952 note).

    (B) Fiscal year 2001 Cooperative Threat Reduction funds, as specified in section 1301(b) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-339; 22 U.S.C. 5959 note).

    (C) Fiscal year 2000 Cooperative Threat Reduction funds, as specified in section 1301(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 792; 22 U.S.C. 5952 note).

    (c) AVAILABILITY OF TRANSFERRED FUNDS.--(1) Notwithstanding any restriction or limitation in law on the availability of Cooperative Threat Reduction funds specified in subsection (b)(2), the Cooperative Threat Reduction funds transferred under subsection (b) for the program referred to in subsection (a) shall be available for activities as follows:

    (A) To design and construct, refurbish, or both, fossil fuel energy plants in Russia that

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    (B) To carry out limited safety upgrades of not more than three energy plants in Russia that produce weapons grade plutonium, provided that such upgrades do not extend the life of those plants.

    (2) Amounts available under paragraph (1) for activities referred to in that paragraph shall remain available for obligation for three fiscal years.

    (d) LIMITATION.--(1) Of the amounts authorized to be appropriated by this title or any other Act for the program referred to in subsection (a), the Administrator for Nuclear Security may not obligate any funds for construction, or obligate or expend more than $100,000,000 for that program, until 30 days after the later of--

    (A) the date on which the Administrator submits to the congressional defense committees, the Committee on International Relations of the House of Representatives, and the Committee on Foreign Relations of the Senate, a copy of an agreement or agreements entered into between the United States Government and the Government of the Russian Federation to shut down the three plutonium-producing reactors in Russia as specified under paragraph (2); and

    (B) the date on which the Administrator submits to the committees specified in subparagraph (A) a report on a plan to achieve international participation in the program referred to in subsection (a), including cost sharing.

    (2) The agreement (or agreements) under paragraph (1)(A) shall contain--

    (A) a commitment to shut down the three plutonium-producing reactors;

    (B) the date on which each such reactor will be shut down;

    (C) a schedule and milestones for each such reactor to complete the shutdown of such reactor by the date specified under subparagraph (B);

    (D) a schedule and milestones for refurbishment or construction of fossil fuel energy plants to be undertaken by the Government of the Russian Federation in support of the program;

    (E) an arrangement for access to sites and facilities necessary to meet such schedules and milestones;

    (F) an arrangement for audit and examination procedures in order to evaluate progress in meeting such schedules and milestones; and

    (G) any cost sharing arrangements between the United States Government and the Government of the Russian Federation in undertaking activities under such agreement (or agreements).

   SEC. 3152. REPEAL OF REQUIREMENT FOR REPORTS ON OBLIGATION OF FUNDS FOR PROGRAMS ON FISSILE MATERIALS IN RUSSIA.

    Section 3131 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 617; 22 U.S.C. 5952 note) is amended--

    (1) in subsection (a), by striking ``(a) AUTHORITY.--''; and

    (2) by striking subsection (b).

   SEC. 3153. EXPANSION OF ANNUAL REPORTS ON STATUS OF NUCLEAR MATERIALS PROTECTION, CONTROL, AND ACCOUNTING PROGRAMS.

    (a) COVERED PROGRAMS.--Subsection (a) of section 3171 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-475; 22 U.S.C. 5952 note) is amended by striking ``Russia that'' and inserting ``countries where such materials''.

    (b) REPORT CONTENTS.--Subsection (b) of that section is amended--

    (1) in paragraph (1) by inserting ``in each country covered by subsection (a)'' after ``locations,'';

    (2) in paragraph (2), by striking ``in Russia'' and inserting ``in each such country'';

    (3) in paragraph (3), by inserting ``in each such country'' after ``subsection (a)''; and

    (4) in paragraph (5), by striking ``by total amount and by amount per fiscal year'' and inserting ``by total amount per country and by amount per fiscal year per country''.

   SEC. 3154. TESTING OF PREPAREDNESS FOR EMERGENCIES INVOLVING NUCLEAR, RADIOLOGICAL, CHEMICAL, OR BIOLOGICAL WEAPONS.

    (a) EXTENSION OF TESTING.--Section 1415 of the Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of Public Law 104-201; 110 Stat. 2720; 50 U.S.C. 2315) is amended--

    (1) in subsection (a)(2), by striking ``of five successive fiscal years beginning with fiscal year 1997'' and inserting ``of fiscal years 1997 through 2013''; and

    (2) in subsection (b)(2), by striking ``of five successive fiscal years beginning with fiscal year 1997'' and inserting ``of fiscal years 1997 through 2013''.

    (b) CONSTRUCTION OF EXTENSION WITH DESIGNATION OF ATTORNEY GENERAL AS LEAD OFFICIAL.--The amendments made by subsection (a) may not be construed as modifying the designation of the President titled ``Designation of the Attorney General as the Lead Official for the Emergency Response Assistance Program Under Sections 1412 and 1415 of the National Defense Authorization Act for Fiscal Year 1997'', dated April 6, 2000, designating the Attorney General to assume programmatic and funding responsibilities for the Emergency Response Assistance Program under sections 1412 and 1415 of the Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of the National Defense Authorization Act for Fiscal Year 1997).

   SEC. 3155. COOPERATIVE PROGRAM ON RESEARCH, DEVELOPMENT, AND DEMONSTRATION OF TECHNOLOGY REGARDING NUCLEAR OR RADIOLOGICAL TERRORISM.

    (a) PROGRAM REQUIRED.--The Administrator for Nuclear Security shall carry out with the Russian Federation a cooperative program on the research, development, and demonstration of technologies for protection from and response to nuclear or radiological terrorism.

    (b) PROGRAM ELEMENTS.--In carrying out the program required by subsection (a), the Administrator shall--

    (1) conduct research and development of technology for protection from nuclear or radiological terrorism, including technology for the detection, identification, assessment, control, and disposition of radiological materials that could be used for nuclear terrorism; and

    (2) provide, where feasible, for the demonstration to other countries of technologies or methodologies on matters relating to nuclear or radiological terrorism, including--

    (A) the demonstration of technologies developed under the program to respond to nuclear or radiological terrorism;

    (B) the demonstration of technologies developed under the program for the disposal of radioactive materials;

    (C) the demonstration of methodologies developed under the program for use in evaluating the radiological threat of radiological sources identified as not under current accounting programs in the audit report of the Inspector General of the Department of Energy titled ``Accounting for Sealed Sources of Nuclear Material Provided to Foreign Countries'' (DOE/IG-0546);

    (D) in coordination with the Nuclear Regulatory Commission, the demonstration of methodologies developed under the program to facilitate the development of a regulatory framework for licensing and controlling radioactive sources; and

    (E) in coordination with the Office of Environment, Safety, and Health of the Department of Energy, the demonstration of methodologies developed under the program to facilitate development of consistent criteria for screening international transfers of radiological materials.

    (c) CONSULTATION.--In carrying out activities in accordance with subsection (b)(2), the Administrator shall consult with--

    (1) the Secretary of Defense, Secretary of State, and Secretary of Commerce; and

    (2) the International Atomic Energy Agency.

    (d) AMOUNT FOR ACTIVITIES.--Of the amount authorized to be appropriated by section 3101(a)(2) for the Department of Energy for the National Nuclear Security Administration for defense nuclear nonproliferation, up to $15,000,000 may be available for carrying out this section.

   SEC. 3156. MATTERS RELATING TO THE INTERNATIONAL MATERIALS PROTECTION, CONTROL, AND ACCOUNTING PROGRAM OF THE DEPARTMENT OF ENERGY.

    (a) RADIOLOGICAL DISPERSAL DEVICE MATERIALS PROTECTION, CONTROL, AND ACCOUNTING.--The Secretary of Energy may establish within the International Materials Protection, Control, and Accounting program of the Department of Energy a program on the protection, control, and accounting of materials usable in radiological dispersal devices. In establishing such program, the Secretary shall--

    (1) identify the sites and radiological materials to be covered by such program;

    (2) carry out a risk assessment of such radiological materials; and

    (3) identify and establish the costs of and schedules for such program.

    (b) REVISED FOCUS FOR MATERIALS PROTECTION, CONTROL, AND ACCOUNTING PROGRAM OF RUSSIAN FEDERATION.--(1) The Secretary of Energy shall work cooperatively with the Russian Federation to develop, as soon as practicable but not later than January 1, 2013, a sustainable nuclear materials protection, control, and accounting system for the nuclear materials of the Russian Federation that is supported solely by the Russian Federation.

    (2) The Secretary shall work with the Russian Federation to identify various alternatives to provide the United States adequate transparency in the nuclear materials protection, control, and accounting program of the Russian Federation to assure that such program is meeting applicable goals for nuclear materials protection, control, and accounting.

    (c) AMOUNT FOR ACTIVITIES.--Of the amount authorized to be appropriated by section 3101(a)(2) for the Department of Energy for the National Nuclear Security Administration for defense nuclear nonproliferation, up to $5,000,000 may be available for carrying out this section.

   SEC. 3157. ACCELERATED DISPOSITION OF HIGHLY ENRICHED URANIUM.

    (a) PROGRAM ON ACCELERATED DISPOSITION OF HEU AUTHORIZED.--(1) The Secretary of Energy may carry out a program to pursue with the Russian Federation options for blending highly enriched uranium so that the concentration of U-235 in such uranium is below 20 percent.

    (2) The options pursued under paragraph (1) shall include expansion of the Material Consolidation and Conversion program of the Department of Energy to include--

    (A) additional facilities for the blending of highly enriched uranium; and

    (B) additional centralized secure storage facilities for highly enriched uranium designated for blending.

    (3) Any site selected for the storage of uranium or blended material under paragraph (2)(B) shall undergo complete materials protection, control, and accounting upgrades before the commencement of the storage of uranium or blended material at such site under the program.

    (b) CONSTRUCTION WITH HEU DISPOSITION AGREEMENT.--Nothing in this section may be construed as terminating, modifying, or otherwise affecting requirements for the disposition of highly enriched uranium under the Agreement Between the Government of the United States of America and the Government of the Russian Federation Concerning the Disposition of Highly Enriched Uranium Extracted from Nuclear

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    (c) LIMITATION ON RELEASE FOR SALE OF BLENDED URANIUM.--Uranium blended under this section may not be released for sale until the earlier of--

    (1) January 1, 2014; or

    (2) the date on which the Secretary certifies that such uranium can be absorbed into the global market without undue disruption to the uranium mining, conversion, and enrichment industry in the United States.

    (d) AMOUNT FOR ACTIVITIES.--Of the amount to be appropriated by section 3101(a)(2) for the Department of Energy for the National Nuclear Security Administration for defense nuclear nonproliferation, up to $10,000,000 may be available for carrying out this section.

   SEC. 3158. STRENGTHENED INTERNATIONAL SECURITY FOR NUCLEAR MATERIALS AND SECURITY OF NUCLEAR OPERATIONS.

    (a) REPORT ON OPTIONS FOR INTERNATIONAL PROGRAM TO STRENGTHEN SECURITY.--(1) Not later than 270 days after the date of the enactment of this Act, the Secretary of Energy shall submit to Congress a report on options for an international program to develop strengthened security for nuclear reactors and associated materials outside the United States.

    (2) In evaluating options for purposes of the report, the Secretary shall consult with the Nuclear Regulatory Commission and the International Atomic Energy Agency on the feasibility and advisability of actions to reduce the risks associated with terrorist attacks on nuclear reactors outside the United States.

    (b) JOINT PROGRAMS WITH RUSSIA ON PROLIFERATION-RESISTANT NUCLEAR ENERGY TECHNOLOGIES.--(1) The Secretary shall pursue with the Ministry of Atomic Energy of the Russian Federation joint programs between the United States and the Russian Federation on the development of proliferation-resistant nuclear energy technologies, including advanced fuel cycles.

    (2) Of the amount authorized to be appropriated by section 3101(a)(2) for the Department of Energy for the National Nuclear Security Administration for defense nuclear nonproliferation, up to $10,000,000 may be available for carrying out the joint programs referred to in paragraph (1).

    (c) ASSISTANCE REGARDING HOSTILE INSIDERS.--The Secretary may, utilizing appropriate expertise of the Department of Energy and the Nuclear Regulatory Commission, provide technical assistance to nuclear reactor facilities outside the United States with respect to the interdiction of hostile insiders at such facilities in order to prevent incidents arising from the disablement of the vital systems of such facilities.

   SEC. 3159. EXPORT CONTROL PROGRAMS.

    (a) AUTHORITY TO PURSUE OPTIONS FOR STRENGTHENING EXPORT CONTROL PROGRAMS.--The Secretary of Energy, in coordination with the Secretary of State, may pursue in the region of the former Soviet Union and other regions of concern options for accelerating programs that assist the countries in such regions in improving their domestic export control programs for materials, technologies, and expertise relevant to the construction or use of a nuclear or radiological dispersal device.

    (b) AMOUNT FOR ACTIVITIES.--Of the amount authorized to be appropriated by section 3101(a)(2) for the Department of Energy for the National Nuclear Security Administration for defense nuclear nonproliferation, up to $5,000,000 may be available for carrying out this section.

   SEC. 3160. PLAN FOR ACCELERATED RETURN OF WEAPONS-USABLE NUCLEAR MATERIALS.

    (a) PLAN FOR ACCELERATED RETURN.--The Secretary of Energy shall work with the Russian Federation to develop a plan to accelerate the return to Russia of all weapons-usable nuclear materials located in research reactors and other facilities outside Russia that were supplied by the former Soviet Union.

    (b) FUNDING AND SCHEDULES.--As part of the plan under subsection (a), the Secretary shall identify the funding and schedules required to assist the research reactors and facilities referred to in that subsection in--

    (1) transferring highly enriched uranium to Russia; and

    (2) upgrading the materials protection, control, and accounting procedures at such research reactors and facilities until the weapons-usable nuclear materials in such reactors and facilities are returned in accordance with that subsection.

    (c) COORDINATION.--The provision of assistance under subsection (b) shall be closely coordinated with the International Atomic Energy Agency.

   SEC. 3161. SENSE OF CONGRESS ON AMENDMENT OF CONVENTION ON PHYSICAL PROTECTION OF NUCLEAR MATERIALS.

    (a) SENSE OF CONGRESS.--It is the sense of Congress that the President should encourage amendment of the Convention on the Physical Protection of Nuclear Materials in order to provide that the Convention shall--

    (1) apply to both the domestic and international use and transport of nuclear materials;

    (2) incorporate fundamental practices for the physical protection of such materials; and

    (3) address protection against sabotage involving nuclear materials.

    (b) CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIAL DEFINED.--In this section, the term ``Convention on the Physical Protection of Nuclear Materials'' means the Convention on the Physical Protection of Nuclear Materials, With Annex, done at Vienna on October 26, 1979.

   SEC. 3162. SENSE OF CONGRESS ON PROGRAM TO SECURE STOCKPILES OF HIGHLY ENRICHED URANIUM AND PLUTONIUM.

    It is the sense of Congress that the Secretary of Energy should, in consultation with the Secretary of State and Secretary of Defense, develop a comprehensive program of activities to encourage all countries with nuclear materials to adhere to, or to adopt standards equivalent to, the International Atomic Energy Agency standard on The Physical Protection of Nuclear Material and Nuclear Facilities (INFCIRC/225/Rev.4), relating to the security of stockpiles of highly enriched uranium (HEU) and plutonium (Pu).

   Subtitle D--Other Matters

   SEC. 3171. INDEMNIFICATION OF DEPARTMENT OF ENERGY CONTRACTORS.

    Section 170 d.(1)(A) of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)(1)(A)) is amended by striking ``until August 1, 2002,'' and inserting ``until December 31, 2004,''.

   SEC. 3172. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF LOS ALAMOS NATIONAL LABORATORY, NEW MEXICO.

    (a) SUPPORT FOR FISCAL YEAR 2003.--From amounts authorized to be appropriated to the Secretary of Energy by this title, $6,900,000 shall be available for payment by the Secretary for fiscal year 2003 to the Los Alamos National Laboratory Foundation, a not-for-profit foundation chartered as described in section 3167(a) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2052).

    (b) USE OF FUNDS.--The foundation referred to in subsection (a) shall--

    (1) utilize funds provided under this section as a contribution to the endowment fund for the foundation; and

    (2) use the income generated from investments in the endowment fund that are attributable to the payment made under this section to fund programs to support the educational needs of children in the public schools in the vicinity of Los Alamos National Laboratory, New Mexico.

    (c) REPEAL OF SUPERSEDED AUTHORITY AND MODIFICATION OF AUTHORITY TO EXTEND CONTRACT.--(1) Subsection (b) of section 3136 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1368) is amended to read as follows:

    ``(b) SUPPORT FOR FISCAL YEARS 2003 THROUGH 2005.--Subject to the availability of appropriations, the Secretary may provide for a contract extension through fiscal year 2005 similar to the contract extension referred to in subsection (a)(2).''.

    (2) The amendment made by paragraph (1) shall take effect on October 1, 2002.

    (d) REPORT.--(1) The Secretary of Energy, in consultation with the Administrator for Nuclear Security, shall conduct a study of options for funding the contract extension authorized by subsection (b) of such section 3136 (as amended by subsection (c)) other than through annual appropriations. The study should also include options for providing cost of living adjustments to teachers in the public schools in the vicinity of Los Alamos National Laboratory, New Mexico, other than through such contract extension.

    (2) Not later than December 31, 2003, the Secretary shall submit to the congressional defense committees a report on the study conducted under paragraph (1). The report shall set forth the findings and conclusions of the study, together with any recommendations as a result of the study.

   SEC. 3173. WORKER HEALTH AND SAFETY RULES FOR DEPARTMENT OF ENERGY NUCLEAR FACILITIES.

    (a) WORKER HEALTH AND SAFETY RULES.--The Atomic Energy Act of 1954 is amended by inserting after section 234B (42 U.S.C. 2282b) the following new section:

   ``SEC. 234C. WORKER HEALTH AND SAFETY RULES FOR DEPARTMENT OF ENERGY NUCLEAR FACILITIES.

    ``a. REGULATIONS REQUIRED.--

    ``(1) IN GENERAL.--The Secretary shall promulgate regulations for industrial and construction health and safety at Department of Energy facilities that are operated by contractors covered by agreements of indemnification under section 170 d. of the Atomic Energy Act of 1954, after public notice and opportunity for comment under section 553 of title 5, United States Code (commonly known as the `Administrative Procedure Act'). Such regulations shall, subject to paragraph (3), provide a level of protection for workers at such facilities that is substantially equivalent to the level of protection currently provided to such workers at such facilities.

    ``(2) APPLICABILITY.--The regulations promulgated under paragraph (1) shall not apply to any facility that is a component of, or any activity conducted under, the Naval Nuclear Propulsion Program provided for under Executive Order No. 12344, dated February 1, 1982 (42 U.S.C. 7158 note) (as in force pursuant to section 1634 of the Department of Defense Authorization Act, 1985 (Public Law 98-525; 42 U.S.C. 7158 note)).

    ``(3) FLEXIBILITY.--In promulgating the regulations under paragraph (1), the Secretary shall include flexibility--

    ``(A) to tailor implementation of such regulations to reflect activities and hazards associated with a particular work environment;

    ``(B) to take into account special circumstances at a facility that is, or is expected to be, permanently closed and that is expected to be demolished, or title to which is expected to be transferred to another entity for reuse; and

    ``(C) to achieve national security missions of the Department of Energy in an efficient and timely manner.

    ``(4) NO EFFECT ON HEALTH AND SAFETY ENFORCEMENT.--This subsection does not diminish or otherwise affect the enforcement or the application of any other law, regulation, order, or contractual obligation relating to worker health and safety.

    ``b. CIVIL PENALTIES.--

    ``(1) IN GENERAL.--A person (or any subcontractor or supplier of the person) who has entered into an agreement of indemnification

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    ``(2) CONTINUING VIOLATIONS.--If any violation under this subsection is a continuing violation, each day of the violation shall constitute a separate violation for the purpose of computing the civil penalty under paragraph (1).

    ``c. CONTRACT PENALTIES.--

    ``(1) IN GENERAL.--The Secretary shall include in each contract with a contractor of the Department who has entered into an agreement of indemnification under section 170 d. provisions that provide an appropriate reduction in the fees or amounts paid to the contractor under the contract in the event of a violation by the contractor or contractor employee of any regulation promulgated under subsection a.

    ``(2) CONTENTS.--The provisions shall specify various degrees of violations and the amount of the reduction attributable to each degree of violation.

    ``d. COORDINATION OF PENALTIES.--

    ``(1) CHOICE OF PENALTIES.--For any violation by a person of a regulation promulgated under subsection a., the Secretary shall pursue either civil penalties under subsection b. or contract penalties under subsection c., but not both.

    ``(2) MAXIMUM AMOUNT.--In the case of an entity described in subsection d. of section 234A, the total amount of civil penalties under subsection b. and contract penalties under subsection c. in a fiscal year may not exceed the total amount of fees paid by the Department of Energy to that entity in that fiscal year.

    ``(3) COORDINATION WITH SECTION 234A.--The Secretary shall ensure that a contractor of the Department is not penalized both under this section and under section 234A for the same violation.''.

    (b) PROMULGATION OF INITIAL REGULATIONS.--

    (1) DEADLINE FOR PROMULGATING REGULATIONS.--The Secretary of Energy shall promulgate the regulations required by subsection a. of section 234C of the Atomic Energy Act of 1954 (as added by subsection (a)) not later than one year after the date of the enactment of this Act.

    (2) EFFECTIVE DATE.--The regulations promulgated under paragraph (1) shall take effect on the date that is one year after the promulgation date of the regulations.

    (c) PROHIBITION.--The Secretary of Energy shall not participate in or otherwise support any study or other project relating to a modification in the scope of the regulations enforceable by civil penalties under section 234A or 234C of the Atomic Energy Act of 1954, or the responsibility of the Secretary to implement and enforce such regulations, until after the date on which the regulations for such purposes under such section 234C take effect in accordance with subsection (b).

   SEC. 3174. EXTENSION OF AUTHORITY TO APPOINT CERTAIN SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.

    Section 3161(c)(1) of the National Defense Authorization Act for Fiscal Year 1995 (42 U.S.C. 7231 note) is amended by striking ``September 30, 2002'' and inserting ``September 30, 2004''.

   SEC. 3175. ONE-YEAR EXTENSION OF PANEL TO ASSESS THE RELIABILITY, SAFETY, AND SECURITY OF THE UNITED STATES NUCLEAR STOCKPILE.

    Section 3159 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (42 U.S.C. 2121 note) is amended--

    (1) in subsection (f), by striking ``atomic energy defense activities'' and inserting ``the National Nuclear Security Administration'';

    (2) in subsection (g), by striking ``three years'' and all that follows through the period at the end and inserting ``April 1, 2003.''; and

    (3) by adding at the end the following new subsection:

    ``(i) FOLLOW-UP REPORT.--Not later than February 1, 2003, the panel shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a follow-up report assessing progress toward meeting the expectations set forth by the panel for the United States stockpile stewardship program, and making recommendations for corrective legislative action where progress has been unsatisfactory.''.

   SEC. 3176. REPORT ON STATUS OF ENVIRONMENTAL MANAGEMENT INITIATIVES TO ACCELERATE THE REDUCTION OF ENVIRONMENTAL RISKS AND CHALLENGES POSED BY THE LEGACY OF THE COLD WAR.

    (a) REPORT REQUIRED.--The Secretary of Energy shall prepare a report on the status of those environmental management initiatives specified in subsection (c) that are being undertaken to accelerate the reduction of the environmental risks and challenges that, as a result of the legacy of the Cold War, are faced by the Department of Energy, contractors of the Department, and applicable Federal and State agencies with regulatory jurisdiction.

    (b) CONTENTS.--The report shall include the following matters:

    (1) A discussion of the progress made in reducing such risks and challenges in each of the following areas:

    (A) Acquisition strategy and contract management.

    (B) Regulatory agreements.

    (C) Interim storage and final disposal of high-level waste, spent nuclear fuel, transuranic waste, and low-level waste.

    (D) Closure and transfer of environmental remediation sites.

    (E) Achievements in innovation by contractors of the Department with respect to accelerated risk reduction and cleanup.

    (F) Consolidation of special nuclear materials and improvements in safeguards and security.

    (2) An assessment of the progress made in streamlining risk reduction processes of the environmental management program of the Department.

    (3) An assessment of the progress made in improving the responsiveness and effectiveness of the environmental management program of the Department.

    (4) Any proposals for legislation that the Secretary considers necessary to carry out such initiatives, including the justification for each such proposal.

    (c) INITIATIVES COVERED.--The environmental management initiatives referred to in subsection (a) are the initiatives arising out of the report titled ``Top-to-Bottom Review of the Environmental Management Program'' and dated February 4, 2002, with respect to the environmental restoration and waste management activities of the Department of Energy in carrying out programs necessary for national security.

    (d) SUBMISSION OF REPORT.--On the date on which the budget justification materials in support of the Department of Energy budget for fiscal year 2004 (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) are submitted to Congress, the Secretary shall submit to the congressional defense committees the report required by subsection (a).

   Subtitle E--Disposition of Weapons-Usable Plutonium at Savannah River, South Carolina

   SEC. 3181. FINDINGS.

    Congress makes the following findings:

    (1) In September 2000, the United States and the Russian Federation signed a Plutonium Management and Disposition Agreement by which each agreed to dispose of 34 metric tons of weapons-grade plutonium.

    (2) The agreement with Russia is a significant step toward safeguarding nuclear materials and preventing their diversion to rogue states and terrorists.

    (3) The Department of Energy plans to dispose of 34 metric tons of weapons-grade plutonium in the United States before the end of 2019 by converting the plutonium to a mixed-oxide fuel to be used in commercial nuclear power reactors.

    (4) The Department has formulated a plan for implementing the agreement with Russia through construction of a mixed-oxide fuel fabrication facility, the so-called MOX facility, and a pit disassembly and conversion facility at the Savannah River Site, Aiken, South Carolina.

    (5) The United States and the State of South Carolina have a compelling interest in the safe, proper, and efficient operation of the plutonium disposition facilities at the Savannah River Site. The MOX facility will also be economically beneficial to the State of South Carolina, and that economic benefit will not be fully realized unless the MOX facility is built.

    (6) The State of South Carolina desires to ensure that all plutonium transferred to the State of South Carolina is stored safely; that the full benefits of the MOX facility are realized as soon as possible; and, specifically, that all defense plutonium or defense plutonium materials transferred to the Savannah River Site either be processed or be removed expeditiously.

   SEC. 3182. DISPOSITION OF WEAPONS-USABLE PLUTONIUM AT SAVANNAH RIVER SITE.

    (a) PLAN FOR CONSTRUCTION AND OPERATION OF MOX FACILITY.--(1) Not later than February 1, 2003, the Secretary of Energy shall submit to Congress a plan for the construction and operation of the MOX facility at the Savannah River Site, Aiken, South Carolina.

    (2) The plan under paragraph (1) shall include--

    (A) a schedule for construction and operations so as to achieve, as of January 1, 2009, and thereafter, the MOX production objective, and to produce 1 metric ton of mixed-oxide fuel by December 31, 2009; and

    (B) a schedule of operations of the MOX facility designed so that 34 metric tons of defense plutonium and defense plutonium materials at the Savannah River Site will be processed into mixed-oxide fuel by January 1, 2019.

    (3)(A) Not later than February 15 each year, beginning in 2004 and continuing for as long as the MOX facility is in use, the Secretary shall submit to Congress a report on the implementation of the plan required by paragraph (1).

    (B) Each report under subparagraph (A) for years before 2010 shall include--

    (i) an assessment of compliance with the schedules included with the plan under paragraph (2); and

    (ii) a certification by the Secretary whether or not the MOX production objective can be met by January 2009.

    (C) Each report under subparagraph (A) for years after 2009 shall--

    (i) address whether the MOX production objective has been met; and

    (ii) assess progress toward meeting the obligations of the United States under the Plutonium Management and Disposition Agreement.

    (D) Each report under subparagraph (A) for years after 2017 shall also include an assessment of compliance with the MOX production objective and, if not in compliance, the plan of the Secretary for achieving one of the following:

    (i) Compliance with such objective.

    (ii) Removal of all remaining defense plutonium and defense plutonium materials from the State of South Carolina.

    (b) CORRECTIVE ACTIONS.--(1) If a report under subsection (a)(3) indicates that construction or operation of the MOX facility is behind the applicable schedule under subsection (a)(2) by 12 months or more, the Secretary shall submit to Congress, not later than August 15 of the year in which such report is submitted, a plan for corrective actions to be implemented by the Secretary to ensure that the MOX facility project is capable of meeting the MOX production objective by January 1, 2009.

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    (2) If a plan is submitted under paragraph (1) in any year after 2008, the plan shall include corrective actions to be implemented by the Secretary to ensure that the MOX production objective is met.

    (3) Any plan for corrective actions under paragraph (1) or (2) shall include established milestones under such plan for achieving compliance with the MOX production objective.

    (4) If, before January 1, 2009, the Secretary determines that there is a substantial and material risk that the MOX production objective will not be achieved by 2009 because of a failure to achieve milestones set forth in the most recent corrective action plan under this subsection, the Secretary shall suspend further transfers of defense plutonium and defense plutonium materials to be processed by the MOX facility until such risk is addressed and the Secretary certifies that the MOX production objective can be met by 2009.

    (5) If, after January 1, 2009, the Secretary determines that the MOX production objective has not been achieved because of a failure to achieve milestones set forth in the most recent corrective action plan under this subsection, the Secretary shall suspend further transfers of defense plutonium and defense plutonium materials to be processed by the MOX facility until the Secretary certifies that the MOX production objective can be met.

    (6)(A) Upon making a determination under paragraph (4) or (5), the Secretary shall submit to Congress a report on the options for removing from the State of South Carolina an amount of defense plutonium or defense plutonium materials equal to the amount of defense plutonium or defense plutonium materials transferred to the State of South Carolina after April 15, 2002.

    (B) Each report under subparagraph (A) shall include an analysis of each option set forth in the report, including the cost and schedule for implementation of such option, and any requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) relating to consideration or selection of such option.

    (C) Upon submittal of a report under paragraph (A), the Secretary shall commence any analysis that may be required under the National Environmental Policy Act of 1969 in order to select among the options set forth in the report.

    (c) CONTINGENT REQUIREMENT FOR REMOVAL OF PLUTONIUM AND MATERIALS FROM SAVANNAH RIVER SITE.--If the MOX production objective is not achieved as of January 1, 2009, the Secretary shall, consistent with the National Environmental Policy Act of 1969 and other applicable laws, remove from the State of South Carolina, for storage or disposal elsewhere--

    (1) not later than January 1, 2011, not less than 1 metric ton of defense plutonium or defense plutonium materials; and

    (2) not later than January 1, 2017, an amount of defense plutonium or defense plutonium materials equal to the amount of defense plutonium or defense plutonium materials transferred to the Savannah River Site between April 15, 2002 and January 1, 2017, but not processed by the MOX facility.

    (d) ECONOMIC AND IMPACT ASSISTANCE.--(1) If the MOX production objective is not achieved as of January 1, 2011, the Secretary shall, from funds available to the Secretary, pay to the State of South Carolina each year beginning on or after that date through 2016 for economic and impact assistance an amount equal to $1,000,000 per day, not to exceed $100,000,000 per year, until the later of--

    (A) the date on which the MOX production objective is achieved in such year; or

    (B) the date on which the Secretary has removed from the State of South Carolina in such year at least 1 metric ton of defense plutonium or defense plutonium materials.

    (2)(A) If, as of January 1, 2017, the MOX facility has not processed mixed-oxide fuel from defense plutonium and defense plutonium materials in the amount of not less than--

    (i) one metric ton, in each of any two consecutive calendar years; and

    (ii) three metric tons total,

   the Secretary shall, from funds available to the Secretary, pay to the State of South Carolina for economic and impact assistance an amount equal to $1,000,000 per day, not to exceed $100,000,000 per year, until the removal by the Secretary from the State of South Carolina of an amount of defense plutonium or defense plutonium materials equal to the amount of defense plutonium or defense plutonium materials transferred to the Savannah River Site between April 15, 2002, and January 1, 2017, but not processed by the MOX facility.

    (B) Nothing in this paragraph may be construed to terminate, supersede, or otherwise affect any other requirements of this section.

    (3) If the State of South Carolina obtains an injunction that prohibits the Department from taking any action necessary for the Department to meet any deadline specified by this subsection, that deadline shall be extended for a period of time equal to the period of time during which the injunction is in effect.

    (e) FAILURE TO COMPLETE PLANNED DISPOSITION PROGRAM.--If on July 1 each year beginning in 2020 and continuing for as long as the MOX facility is in use, less than 34 metric tons of defense plutonium or defense plutonium materials have been processed by the MOX facility, the Secretary shall submit to Congress a plan for--

    (1) completing the processing of 34 metric tons of defense plutonium and defense plutonium material by the MOX facility; or

    (2) removing from the State of South Carolina an amount of defense plutonium or defense plutonium materials equal to the amount of defense plutonium or defense plutonium materials transferred to the Savannah River Site after April 15, 2002, but not processed by the MOX facility.

    (f) REMOVAL OF MIXED-OXIDE FUEL UPON COMPLETION OF OPERATIONS OF MOX FACILITY.--If, one year after the date on which operation of the MOX facility permanently ceases, any mixed-oxide fuel remains at the Savannah River Site, the Secretary shall submit to Congress--

    (1) a report on when such fuel will be transferred for use in commercial nuclear reactors; or

    (2) a plan for removing such fuel from the State of South Carolina.

    (g) DEFINITIONS.--In this section:

    (1) MOX PRODUCTION OBJECTIVE.--The term ``MOX production objective'' means production at the MOX facility of mixed-oxide fuel from defense plutonium and defense plutonium materials at an average rate equivalent to not less than one metric ton of mixed-oxide fuel per year. The average rate shall be determined by measuring production at the MOX facility from the date the facility is declared operational to the Nuclear Regulatory Commission through the date of assessment.

    (2) MOX FACILITY.--The term ``MOX facility'' means the mixed-oxide fuel fabrication facility at the Savannah River Site, Aiken, South Carolina.

    (3) DEFENSE PLUTONIUM; DEFENSE PLUTONIUM MATERIALS.--The terms ``defense plutonium'' and ``defense plutonium materials'' mean weapons-usable plutonium.

1F) Condemning the DPRK for Violation of NPT
H. Con. Res. 517. A concurrent resolution condemning the Democratic People's Republic of Korea for its failure to comply with the Treaty on the Non-Proliferation of Nuclear Weapons and the U.S.-North Korea Agreed Framework of 1994; referred to the Committee on International Relations.

Remarks: Mr. HASTINGS of Florida. Mr. Speaker, I rise today to discuss a very serious issue--the failure of North Korea to comply with a number of non-proliferation treaties, agreements, and resolutions, and the absence of any well-defined U.S. policy with that country.

The history of nuclear weapons proliferation in North Korea is a lengthy one, going back over a decade and a half when North Korea signed the Non-Proliferation Treaty. When it signed that treaty in 1985, North Korea agreed not to manufacture or acquire nuclear weapons, and also agreed that the International Atomic Energy Agency could conduct inspections to verify fulfillment of those obligations.

When that Agency discovered anomalies in North Korea's nuclear facilities in 1993, inspectors were no longer allowed into the country.

Seeking to end the stalemate, the U.S. and North Korea signed the Agreed Framework in October, 1994. Under the terms of the Agreed Framework, the U.S. created an international consortium, which would provide North Korea with alternative sources of energy in the form of heavy fuel oil and a modern nuclear power plant. In return, North Korea pledged to freeze its existing nuclear program and allow inspectors back into the country.

• Shortly after the Framework was signed, the consortium, the Korean Peninsula Energy Development Organization, was created. Despite the fact that the U.S. and its allies have spent over $1.3 billion to finance reactor construction and provide heavy fuel oil to North Korea annually, they have consistently failed to allow inspections of its nuclear facilities.

Then last month, North Korea admitted that it has been operating a covert nuclear weapons program.

The existence of a North Korean nuclear weapons program poses a real and imminent threat to the populations of South Korea, Japan, and North Korea, and to the U.S. Armed Forces stationed in that region.

The time has come for the U.S. to establish an effective policy regarding U.N. member states and their obligations towards world peace and disarmament.

Today, I am introducing a resolution, condemning the government of North Korea for its failure to comply with the non-proliferation treaty and the Agreed Framework.

First, my resolution calls on North Korea to honor its commitments under the Non-Proliferation Treaty and the Agreed Framework. Those commitments include freezing its nuclear programs and allowing the IAEA to carry out inspections.

It also commends the members of the KEDO international consortium for honoring and upholding their commitments to advance the implementation of the Agreed Framework.

Second, my resolution calls on the IAEA to report to the U.N. General Assembly, one year from the date of the Resolution, on the status of North Korea's compliance with inspections.

If the IAEA report indicates that North Korea has still not allowed inspections, members of KEDO are called on to suspend all funding for construction, suspend construction of the light water reactor, and suspend shipment of heavy fuel oil.

And finally, the Resolution calls on the leaders of Russia, China, Japan, South Korea, and other concerned nations to support that potential suspension.

I believe that this Resolution is an important first step in achieving the non-proliferation treaty goal of nuclear disarmament.

I do not recommend, as many have suggested, simply declaring the Agreed Framework null and void. I believe that ``suspending'' our participation until North Korea complies with its obligations sends an important message. That message is--we honor our commitments, we expect you to honor yours, and we believe that diplomatic and peaceful solutions, with the full support of other concerned nations, are the optimum means for attaining the objectives outlined in the Non-Proliferation Treaty.

Realize, this is only the first step on what will be a long and arduous path. This Resolution allows diplomatic discussions and negotiations to continue, it also allows our Secretary of State to garner support from members of the U.N. Security Council and other concerned nations to join in commitments to the non-proliferation treaty.

I have specifically not included any language in the Resolution on actions that might be taken after one year if inspectors are still not allowed into North Korea. It is more appropriate to leave that decision to the member nations on the U.N. Security Council.

There are nearly 38,000 U.S. Armed Forces currently stationed on the Korean peninsula, and another 40,000 stationed in Japan. We have a lot at stake as a nation in ensuring a peaceful solution to this issue. At the same time, we must take steps to overcome this impasse. It is not reasonable for the United States to continue unilateral compliance with a bilateral Agreement.

I urge my colleagues to support this resolution.

I believe this resolution will guide our nation towards implementing a policy that is achievable, and attainable, and supportable.

1G) Improve the Safety of Nuclear Waste Transportation
S. 3162. A bill to amend title 49, United States Code, to enhance the security of transporting high-level nuclear waste and spend nuclear fuel, and for other purposes; referred to the Committee on Commerce, Science, and Transportation.

Mr. DURBIN. Mr. President, I rise today to introduce legislation to improve the safety of nuclear waste transportation across our Nation. This bill, the Nuclear Waste Transportation Security Act of 2002, seeks to address the concerns raised by the Congress' decision earlier this year to transport spent nuclear fuel to Yucca Mountain, NV, for underground storage. Joining me in its introduction are Senators CLELAND, EDWARDS, and NELSON.

   I voted in favor of moving nuclear waste to Yucca Mountain. My decision was not a simple one; rather its ramifications required serious consideration. At that time, I predicated my `yes' vote on the waste being transported safely and securely through my home State of Illinois and across our Nation, and I indicated that I would introduce legislation to improve that safety and security. This is that legislation.

   The Transportation to establish a comprehensive transportation safety program that considers terrorist threats and other potential dangers to the safe transportation of this spent fuel. The Department of Transportation, the regulator of these shipments, will consult with numerous cabinet and sub-cabinet offices, including the soon to be created Department of Homeland Security, to develop this program. After one year, the Secretary will deliver a progress report to Congress on the program's development and implementation.

   To better assist State, local, and tribal governments in implementing this program, our bill establishes a grant program at DOT related to the transportation of nuclear spent fuel. First responders will be eligible for these grants, which will emphasize frequently used routes. The grants will be used for infrastructure improvements, drills and training, and other activities as determined by the Secretary. DOE and the Federal Radiological Preparedness Coordinating Committee, FRPCC, of FEMA will consult on the grant program. For this purpose, the bill authorizes $3,000,000 for fiscal year 2003 and additional funds as necessary for fiscal years 2004 through 2012.

   A key component of spent nuclear fuel transportation is ensuring the safety and security of routes nationwide. Much of this fuel is likely to be transported through my own State of Illinois, right through the center of Chicago and Springfield, our State capitol. I want to be certain that its transport does not endanger my constituents in any way. The Department of Energy ranks Illinois seventh in truck shipments under what is called the ``mostly truck scenario,'' and sixth in rail shipments in the ``mostly rail scenario.'' Nearly half of Illinois' electricity is generated from nuclear power. With seven nuclear power plants and two nuclear research reactors Illinois produces more nuclear waste than any other State and is home to some of the busiest transportation corridors in the Nation. The safety of Illinoisans is at stake. These stakes are too high for us to gamble. Safety must be a top priority.

   To ensure this safety, my bill requires that the DOT consult with State governments in establishing routes and provide 14-days' notice to governors of shipments through their States. The bill requires dedicated trains for the waste with trained guards stationed at the front and rear ends of each train. The bill provides the Secretary of Transportation and the Director of Homeland Security with waiver authority for national or homeland

   security. Under my legislation, trains must be equipped with communication systems providing continuous access to first responders and must be equipped with the best available technology, including appropriate health monitoring systems. Finally, to ensure the safe transportation of passengers and shippers on our nation's waterways, nuclear waste shipments may not be made via the inland waterways or on the Great Lakes unless waived for national or homeland security purposes. This is critical to adequately protect these important natural resources.

   Once the infrastructure is established and the routing determined, employees must be certified to handle any such emergencies that may result from this transportation and to mitigate their impact on local populations. My bill amends certification requirements for hazmat employees, requiring that certification be renewed every three years. Currently, this certification, without renewals, is required by regulation but not codified in statute.

   The bill directs hazmat employers to submit training programs to DOT for review and approval and expands the definition of covered employees to include those who may be among the first responders to an accident but who do not receive training under current regulations. To provide funding for this additional training, the bill reauthorizes the training grant program for hazmat instructors who train hazmat employees, and enables it to cover hazmat employee training as well. Appropriations are authorized at $3,000,000 for fiscal year 2003 and for such sums as necessary for fiscal years 2004-2012.

   The maximum civil penalties for violating hazmat laws regarding radioactive materials are increased from $25,000 to $100,000.

   As a means of involving the public in these decisions affecting safety and security, the bill establishes a public outreach program to protect public health and safety. The program will be developed by FEMA in coordination with other agencies. In addition, the bill requires the EPA and the Centers for Disease Control and Prevention to conduct a study and report to Congress regarding the effects on public health of routine transportation of nuclear waste and accidents involving its transportation. The report is due one year after the date of enactment.

   Especially important to my legislation is the establishment of requirements for casks. Also known as packages, these casks contain the spent nuclear fuel that is being shipped. The bill requires the Nuclear Regulatory Commission, which has authority over the casks, to execute a comprehensive testing program in conjunction with DOT and DHS, and requires them to conduct a survey of potential terrorist and other threats that may be posed to casks. The NRC and DOT must jointly certify the safety of the casks, which must be designed to handle head-on collisions at any speed at which they will be transported, attempted puncture by armor-piercing ammunition, falls of the maximum distance to which the package could fall on likely routes, submersion in water to the maximum depth to which the package could be submerged, continuous exposure to the maximum temperature to which the package is likely to be subjected in an event involving fire, and other threats that may be identified. The agencies involved in this effort must report to Congress every two years on these activities.

   Finally, the bill amends current statute to exclude DOT and NRC contractors from participating on the Nuclear Waste Technical Review Board and enables the Board to review the activities of the DOT and NRC and to obtain documents from them as part of its existing investigative powers. This provision will prevent any conflicts of interest between the reviewers and implementers of this law. The Board's termination date is extended from one year after nuclear waste begins to be deposited at a national repository to 10 years after such waste begins to be deposited.

   I believe that our legislation alleviates many of the concerns of shippers, hazmat employees, the federal government, and affected citizens regarding the transportation of nuclear spent fuel across our Nation. In the course of its development, we consulted with shippers, railroads, labor unions, the nuclear industry, federal regulators, the environmental community, and our colleagues in the Senate. The bill seeks to address the real threats we face and to take economic and safety concerns into account, with the primary goal of increasing the safety and security of these materials during their transportation to Yucca Mountain. I appreciate the assistance that these groups have provided. I remain open to their further input and look forward to working with them to enact this critical legislation.

2A) Missile Defense Provisions
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle C--Ballistic Missile Defense.

SEC. 221. REPORT REQUIREMENTS RELATING TO BALLISTIC MISSILE DEFENSE PROGRAMS.

(a) ANNUAL SUBMISSION OF CURRENT PERFORMANCE GOALS AND DEVELOPMENT BASELINES.--(1) The Secretary of Defense shall submit to the congressional defense committees each year the performance goals and development baselines--
(A) for those ballistic missile defense systems under development by the Missile Defense Agency that could be fielded; and
(B) for any other ballistic missile defense program or project that has been designated by Congress as a special interest item.
(2) Such performance goals and development baselines shall be provided for each block of each such system.
(3) The performance goals and development baselines under paragraph (1) shall be included annually with the defense budget justification materials submitted in support of the President's budget submitted to Congress under section 1105 of title 31, United States Code.

(b) RDT&E BUDGET JUSTIFICATION MATERIALS.--The budget justification materials submitted to Congress for any fiscal year in support of a request for the authorization and appropriation of funds for research, development, test, and evaluation for ballistic missile defense systems shall include a funding profile for each block of each such system that could be fielded that reflects the development baseline submitted pursuant to subsection (a) for that fiscal year.

(c) REVIEW OF MDA CRITERIA IN RELATION TO MILITARY REQUIREMENTS.--(1) The Joint Requirements Oversight Council established under section 181 of title 10, United States Code, shall review cost, schedule, and performance criteria for missile defense programs of the Missile Defense Agency in order to assess the validity of those criteria in relation to military requirements.
(2) The Secretary shall include the results of such review with the first annual statement of program goals submitted to the congressional defense committees under section 232(c) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 10 U.S.C. 2431 note) after the date of the enactment of this Act.

SEC. 222. RESPONSIBILITY OF MISSILE DEFENSE AGENCY FOR RESEARCH, DEVELOPMENT, TEST, AND EVALUATION RELATED TO SYSTEM IMPROVEMENTS OF PROGRAMS TRANSFERRED TO MILITARY DEPARTMENTS.
Section 224(e) of title 10, United States Code, is amended--
(1) by striking ``before a'' and inserting ``for each'';
(2) by striking ``is''; and [Page: H8102]
(3) by striking ``roles and responsibilities'' and all that follows through the period at the end and inserting ``responsibility for research, development, test, and evaluation related to system improvements for that program remains with the Director.''.

SEC. 223. LIMITATION ON OBLIGATION OF FUNDS FOR THEATER HIGH ALTITUDE AREA DEFENSE PROGRAM PENDING SUBMISSION OF REQUIRED LIFE-CYCLE COST INFORMATION.
(a) LIMITATION PENDING SUBMISSION OF CERTIFICATION.--Not more than 85 percent of the amount specified in subsection (b) may be obligated until the Secretary of Defense submits to the congressional defense committees the estimated total life-cycle cost of the Theater High Altitude Area Defense (THAAD) program as required for programs in engineering and manufacturing development by section 232(d) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 10 U.S.C. 2431 note).
(b) FUNDS SUBJECT TO LIMITATION.--Subsection (a) applies to the amount authorized to be appropriated for fiscal year 2003 for the Missile Defense Agency for the Theater High Altitude Area Defense (THAAD) program.

SEC. 224. PROVISION OF INFORMATION ON FLIGHT TESTING OF GROUND-BASED MIDCOURSE NATIONAL MISSILE DEFENSE SYSTEM.
(a) INFORMATION TO BE FURNISHED TO CONGRESSIONAL COMMITTEES.--The Director of the Missile Defense Agency shall provide to the congressional defense committees information on the results of each flight test of the Ground-based Midcourse national missile defense system.
(b) CONTENT.--Information provided under subsection (a) on the results of a flight test shall include the following matters:
(1) A thorough discussion of the content and objectives of the test.
(2) For each such test objective, a statement regarding whether or not the objective was achieved.
(3) For any such test objective not achieved-- (A) a thorough discussion describing the reasons that the objective was not achieved; and (B) a discussion of any plans for future tests to achieve that objective.

SEC. 225. REFERENCES TO NEW NAME FOR BALLISTIC MISSILE DEFENSE ORGANIZATION.

(a) IN GENERAL.--Any reference to the Ballistic Missile Defense Organization in any provision of law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Missile Defense Agency.

(b) CONFORMING AMENDMENTS.--(1) Title 10, United States Code, is amended as follows:
(A