Home > 108th Congressional Bills > S. 1049 (pcs) To authorize appropriations for fiscal year 2004 for defense activities of the Department of Energy, and for other purposes. [Placed on Calendar Senate] ...S. 1049 (pcs) To authorize appropriations for fiscal year 2004 for defense activities of the Department of Energy, and for other purposes. [Placed on Calendar Senate] ...
108th CONGRESS
1st Session
S. 1049
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2004 for defense activities
of the Department of Energy, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Energy National
Security Act for Fiscal Year 2004''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Congressional defense committees defined.
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Defense energy supply.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Repeal of prohibition on research and development of low-
yield nuclear weapons.
Sec. 3132. Readiness posture for resumption by the United States of
underground nuclear weapons tests.
Sec. 3133. Technical base and facilities maintenance and
recapitalization activities.
Sec. 3134. Continuation of processing, treatment, and disposition of
legacy nuclear materials.
Sec. 3135. Requirement for specific authorization of Congress for
commencement of engineering development
phase or subsequent phase of robust nuclear
earth penetrator.
Subtitle C--Proliferation Matters
Sec. 3141. Expansion of International Materials Protection, Control,
and Accounting program.
Sec. 3142. Semi-annual financial reports on Defense Nuclear
Nonproliferation program.
Sec. 3143. Report on reduction of excessive uncosted balances for
defense nuclear nonproliferation
activities.
Subtitle D--Other Matters
Sec. 3151. Modification of authorities on Department of Energy
personnel security investigations.
Sec. 3152. Responsibilities of Environmental Management program and
National Nuclear Security Administration of
Department of Energy for environmental
cleanup, decontamination and
decommissioning, and waste management.
Sec. 3153. Update of report on stockpile stewardship criteria.
Sec. 3154. Progress reports on Energy Employees Occupational Illness
Compensation Program.
Sec. 3155. Study on the application of technology from the Robust
Nuclear Earth Penetrator Program to
Conventional Hard and Deeply Buried Target
Weapons Development Programs.
Subtitle E--Consolidation of General Provisions on Department of Energy
National Security Programs
Sec. 3161. Consolidation and assembly of recurring and general
provisions on Department of Energy national
security programs.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2004 for
the activities of the National Nuclear Security Administration in
carrying out programs necessary for national security in the amount of
$8,933,847,000, to be allocated as follows:
(1) For weapons activities, $6,457,272,000.
(2) For defense nuclear nonproliferation activities,
$1,340,195,000.
(3) For naval reactors, $788,400,000.
(4) For the Office of the Administrator for Nuclear
Security, $347,980,000.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for weapons
activities, as follows:
(1) Project 04-D-101, test capabilities revitalization,
phase I, Sandia National Laboratories, Albuquerque, New Mexico,
$36,450,000.
(2) Project 04-D-102, exterior communications
infrastructure modernization, Sandia National Laboratories,
Albuquerque, New Mexico, $20,000,000.
(3) Project 04-D-103, project engineering and design,
various locations, $2,000,000.
(4) Project 04-D-125, chemistry and metallurgy research
(CMR) facility replacement, Los Alamos National Laboratory, Los
Alamos, New Mexico, $20,500,000.
(5) Project 04-D-126, building 12-44 production cells
upgrade, Pantex Plant, Amarillo, Texas, $8,780,000.
(6) Project 04-D-127, cleaning and loading modifications
(CALM), Savannah River Site, Aiken, South Carolina, $2,750,000.
(7) Project 04-D-128, TA-18 mission relocation project, Los
Alamos National Laboratory, Los Alamos, New Mexico, $8,820,000.
(8) Project 04-D-203, project engineering and design,
facilities and infrastructure recapitalization program, various
locations, $3,719,000.
(9) Project 03-D-102, sm.43 replacement administration
building, Los Alamos National Laboratory, Los Alamos, New
Mexico, $50,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2004 for
environmental management activities in carrying out programs necessary
for national security in the amount of $6,809,814,000, to be allocated
as follows:
(1) For defense site acceleration completion,
$5,814,635,000.
(2) For defense environmental services in carrying out
environmental restoration and waste management activities
necessary for national security programs, $995,179,000.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for defense site
acceleration completion activities, as follows:
(1) Project 04-D-408, glass waste storage building #2,
Savannah River Site, Aiken, South Carolina, $20,259,000.
(2) Project 04-D-414, project engineering and design,
various locations, $23,500,000.
(3) Project 04-D-423, 3013 container surveillance
capability in 235-F, Savannah River Site, Aiken, South
Carolina, $1,134,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2004 for other defense activities in carrying
out programs necessary for national security in the amount of
$465,059,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2004 for defense nuclear waste disposal for
payment to the Nuclear Waste Fund established in section 302(c) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of
$360,000,000.
SEC. 3105. DEFENSE ENERGY SUPPLY.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2004 for defense energy supply in carrying out
programs necessary for national security in the amount of $110,473,000.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3131. REPEAL OF PROHIBITION ON RESEARCH AND DEVELOPMENT OF LOW-
YIELD NUCLEAR WEAPONS.
(a) Repeal.--Section 3136 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1946; 42 U.S.C.
2121 note) is repealed.
(b) Construction.--Nothing in the repeal made by subsection (a)
shall be construed as authorizing the testing, acquisition, or
deployment of a low-yield nuclear weapon.
(c) Limitation.--The Secretary of Energy may not commence the
engineering development phase, or any subsequent phase, of a low-yield
nuclear weapon unless specifically authorized by Congress.
(d) Report.--(1) Not later than March 1, 2004, the Secretary of
State, the Secretary of Defense and the Secretary of Energy shall
jointly submit to Congress a report assessing whether or not the repeal
of section 3136 of the National Defense Authorization Act for Fiscal
Year 1994 will affect the ability of the United States to achieve its
nonproliferation objectives and whether or not any changes in programs
and activities would be required to achieve those objectives.
(2) The report shall be submitted in unclassified form, but may
include a classified annex if necessary.
SEC. 3132. READINESS POSTURE FOR RESUMPTION BY THE UNITED STATES OF
UNDERGROUND NUCLEAR WEAPONS TESTS.
(a) 18-Month Readiness Posture Required.--Commencing not later than
October 1, 2006, the Secretary of Energy shall achieve, and thereafter
maintain, a readiness posture of 18 months for resumption by the United
States of underground nuclear tests, subject to subsection (b).
(b) Alternative Readiness Posture.--If as a result of the review
conducted by the Secretary for purposes of the report required by
section 3142(c) of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2733) the Secretary, in
consultation with the Administrator for Nuclear Security, determines
that the optimal, advisable, and preferred readiness posture for
resumption by the United States of underground nuclear tests is a
number of months other than 18 months, the Secretary may, and is
encouraged to, achieve and thereafter maintain under subsection (a)
such optimal, advisable, and preferred readiness posture instead of the
readiness posture of 18 months.
(c) Report on Determination.--(1) The Secretary shall submit to the
congressional defense committees a report on a determination described
in subsection (b) if the determination leads to the achievement by the
Secretary of a readiness posture of other than 18 months under that
subsection.
(2) The report under paragraph (1) shall set forth--
(A) the determination described in that paragraph,
including the reasons for the determination; and
(B) the number of months of the readiness posture to be
achieved and maintained under subsection (b) as a result of the
determination.
(3) The requirement for a report, if any, under paragraph (1) is in
addition to the requirement for a report under section 3142(c) of the
Bob Stump National Defense Authorization Act for Fiscal Year 2003, and
the requirement in that paragraph shall not be construed as
terminating, modifying, or otherwise affecting the requirement for a
report under such section.
(d) Readiness Posture.--For purposes of this section, a readiness
posture of a specified number of months for resumption by the United
States of underground nuclear weapons tests is achieved when the
Department of Energy has the capability to resume such tests, if
directed by the President to resume such tests, not later than the
specified number of months after the date on which the President so
directs.
SEC. 3133. TECHNICAL BASE AND FACILITIES MAINTENANCE AND
RECAPITALIZATION ACTIVITIES.
(a) Deadline for Inclusion of Projects in Facilities and
Infrastructure Recapitalization Program.--(1) The Administrator for
Nuclear Security shall complete the selection of projects for inclusion
in the Facilities and Infrastructure Recapitalization Program (FIRP) of
the National Nuclear Security Administration not later than September
30, 2004.
(2) No project may be included in the Facilities and Infrastructure
Recapitalization Program after September 30, 2004, unless such project
has been selected for inclusion in that program as of that date.
(b) Termination of Facilities and Infrastructure Recapitalization
Program.--The Administrator shall terminate the Facilities and
Infrastructure Recapitalization Program not later than September 30,
2011.
(c) Readiness in Technical Base and Facilities Program.--(1) Not
later than September 30, 2004, the Administrator shall submit to the
congressional defense committees a report setting forth guidelines on
the conduct of the Readiness in Technical Base and Facilities (RTBF)
program of the National Nuclear Security Administration.
(2) The guidelines on the Readiness in Technical Base and
Facilities program shall include the following:
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