National Defense Authorization
Act for Fiscal Year 2004
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Subtitle BProgram Authorizations, Restrictions, and Limitations
SEC. 3131. REPEAL OF PROHIBITION ON RESEARCH AND DEVELOPMENT OF LOW-YIELD
(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(Public Law 103 .160;107 Stat.1946;42 U.S.C.2121 note)is repealed.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
(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 readi-
ness 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
(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. 3135. REQUIREMENT FOR SPECIFIC AUTHORIZATION OF CONGRESS FOR COMMENCEMENT OF
ENGINEERING DEVELOPMENT PHASE OR SUBSEQUENT PHASE OF ROBUST NUCLEAR EARTH PENETRATOR.
The Secretary of Energy may not commence the engineering development phase (phase
6.3)of the nuclear weapons development process,or any subsequent phase,of a Robust Nuclear
Earth Penetrator weapon unless specifically authorized by Congress.
SEC. 3155. STUDY ON THE APPLICATION OF TECHNOLOGY FROM THE ROBUST NUCLEAR EARTH
PENETRATOR PROGRAM TO CONVENTIONAL HARD AND DEEPLY BURIED TARGET WEAPONS DEVELOPMENT
(a)FINDINGS..Much of the work that will be carried out by the Secretary of Energy in
the feasibility study for the Robust Nuclear Earth Penetrator will have applicability to a
nuclear or a conventional earth penetrator, but the Department of Energy does not have
responsibility for development of conventional earth penetrator or other conventional
programs for hard and deeply buried targets.
(b)PLAN..The Secretary of Energy and the Secretary of Defense shall develop, submit to
Congress three months after the date of enactment of this Act, and implement, a plan to
coordinate the Robust Nuclear Earth Penetrator feasibility study at the Department of
Energy with the ongoing conventional hard and deeply buried weapons development programs
at the Department of Defense. This plan shall ensure that over the course of the
feasibility study for the Robust Nuclear Earth Penetrator the ongoing results of the work
of the Department of Energy, with application to the Department of Defense programs, is
shared with and integrated into the Department of Defense programs.
Also in this law:
SEC. 226. PROHIBITION ON USE OF FUNDS FOR NUCLEAR ARMED INTERCEPTORS IN MISSILE DEFENSE
No funds authorized to be appropriated for the Department of Defense by this Act may be
obligated or expended for research, development, test, and evaluation, procurement, or
deployment of nuclear armed interceptors in a missile defense system.