[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1045 Engrossed in Senate (ES)]
109th CONGRESS
1st Session
S. 1045
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2006 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 2006''.
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.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
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.
Subtitle B--Other Matters
Sec. 3111. Report on compliance with design basis threat.
Sec. 3112. Cost estimate for waste treatment and immobilization plant
project, Hanford site, Richland,
Washington.
Sec. 3113. Report on international border security programs.
Sec. 3114. Clarification of cooperative agreement authority under
chemical demilitarization program.
Sec. 3115. Savannah River National Laboratory.
Sec. 3116. Rocky Flats Environmental Technology Site.
Sec. 3117. Prohibition on use of funds for Robust Nuclear Earth
Penetrator.
Sec. 3118. Sense of the Senate regarding interim reports on residual
beryllium contamination at Department of
Energy vendor facilities.
Sec. 3119. Report on advanced technologies for nuclear power reactors
in the United States.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Revisions to required receipt objectives for previously
authorized disposals from National Defense
Stockpile.
Sec. 3302. Authorization for disposal of tungsten ores and
concentrates.
Sec. 3303. Disposal of ferromanganese.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term ``congressional defense
committees'' has the meaning given that term in section 101(a)(16) of
title 10, United States Code.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
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 2006 for
the activities of the National Nuclear Security Administration in
carrying out programs necessary for national security in the amount of
$9,357,427,000, to be allocated as follows:
(1) For weapons activities, $6,590,319,000.
(2) For defense nuclear nonproliferation activities,
$1,637,239,000, of which amount $338,565,000 shall be available
for project 99-D-143, the Mixed Oxide Fuel Fabrication
Facility, Savannah River Site, Aiken, South Carolina, and
$24,000,000 shall be available for project 99-D-141, the Pit
Disassembly and Conversion Facility, Savannah River Site,
Aiken, South Carolina.
(3) For naval reactors, $786,000,000.
(4) For the Office of the Administrator for Nuclear
Security, $343,869,000.
(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) For readiness in technical base and facilities, the
following new plant projects:
Project 06-D-140, Readiness in Technical Base and
Facilities Program (RTBF), project engineering and
design, various locations, $19,113,000.
Project 06-D-402, replacement of Fire Stations
Number 1 and Number 2, Nevada Test Site, Nevada,
$8,284,000.
Project 06-D-403, tritium facility modernization,
Lawrence Livermore National Laboratory, Livermore,
California, $2,600,000.
Project 06-D-404, remediation, restoration, and
upgrade of Building B-3, Nevada Test Site, Nevada,
$16,000,000.
(2) For facilities and infrastructure recapitalization, the
following new plant projects:
Project 06-D-160, Facilities and Infrastructure
Recapitalization Program (FIRP), project engineering
and design, various locations, $5,811,000.
Project 06-D-601, electrical distribution system
upgrade, Pantex Plant, Amarillo, Texas, $4,000,000.
Project 06-D-602, gas main and distribution system
upgrade, Pantex Plant, Amarillo, Texas, $3,700,000.
Project 06-D-603, Steam Plant Life Extension
Project (SLEP), Y-12 National Security Complex, Oak
Ridge, Tennessee, $729,000.
(3) For naval reactors, the following new plant project:
Project 06-N-901, Central Office Building 2, Bettis
Atomic Power Laboratory, West Mifflin, Pennsylvania,
$7,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2006 for
environmental management activities in carrying out programs necessary
for national security in the amount of $6,189,433,000, to be allocated
as follows:
(1) For defense site acceleration completion,
$5,335,849,000.
(2) For defense environmental services, $853,584,000.
(b) Authorization of New Plant Project.--From funds referred to in
subsection (a)(1) that are available for carrying out plant projects,
the Secretary of Energy may carry out, for environmental management
activities, the following new plant project:
Project 06-D-401, sodium bearing waste treatment project,
Idaho National Laboratory, Idaho Falls, Idaho, $15,000,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2006 for other defense activities in carrying
out programs necessary for national security in the amount of
$563,423,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2006 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
$301,447,000.
Subtitle B--Other Matters
SEC. 3111. REPORT ON COMPLIANCE WITH DESIGN BASIS THREAT.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Energy shall submit to the
congressional defense committees a report detailing plans for achieving
compliance under the Design Basis Threat issued by the Department of
Energy in 2004.
(b) Content.--The report required under subsection (a) shall
include--
(1) an implementation plan with associated funding
requirements to achieve by September 30, 2007, compliance under
the Design Basis Threat of all Department of Energy and
National Nuclear Security Administration sites that contain
nuclear weapons or special nuclear material; and
(2) an evaluation of options for applying security
technologies and innovative protective force deployment to
increase the efficiency and effectiveness of efforts to protect
against the threats postulated in the Design Basis Threat.
(c) Form.--The report required under subsection (a) shall be
submitted in classified form with an unclassified summary.
SEC. 3112. COST ESTIMATE FOR WASTE TREATMENT AND IMMOBILIZATION PLANT
PROJECT, HANFORD SITE, RICHLAND, WASHINGTON.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Energy shall submit to the
congressional defense committees an independent cost estimate prepared
by the Army Corps of Engineers for the Waste Treatment and
Immobilization Plant project at the Hanford Site, Richland, Washington
(in this section referred to as the ``project'').
(b) Content.--The cost estimate required under subsection (a) shall
include estimates of the total cost and annual funding requirements,
listed by year, to complete the project, assuming a completion date in
each of 2011, 2012, 2013, 2014, and 2015.
SEC. 3113. REPORT ON INTERNATIONAL BORDER SECURITY PROGRAMS.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Energy shall, in consultation
with the Secretary of Defense, the Secretary of State, and, as
appropriate, the Secretary of Homeland Security, submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the management by such Secretaries of
border security programs in the countries of the former Soviet Union
and other countries.
(b) Content.--The report required under subsection (a) shall
include--
(1) a description of the roles and responsibilities of each
department and agency of the United States Government in
international border security programs;
(2) a description of the interactions and coordination
among departments and agencies of the United States Government
that are conducting international border security programs;
(3) a description of the mechanisms that exist to ensure
coordination, avoid duplication, and provide a means to resolve
conflicts or problems that might arise in the implementation of
international border security programs;
(4) a discussion of whether there is existing interagency
guidance that addresses the roles, interactions, and dispute
resolution mechanisms for departments and agencies of the
United States Government that are conducting international
border security programs, and the adequacy of such guidance if
it exists; and
(5) recommendations to improve the coordination and
effectiveness of international border security programs.
SEC. 3114. CLARIFICATION OF COOPERATIVE AGREEMENT AUTHORITY UNDER
CHEMICAL DEMILITARIZATION PROGRAM.
(a) In General.--Section 1412(c)(4) of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521(c)(4)), is amended--
(1) by inserting ``(A)'' after ``(4)'';
(2) in the first sentence--
(A) by inserting ``and tribal organizations'' after
``State and local governments''; and
(B) by inserting ``and tribal organizations'' after
``those governments'';
(3) in the third sentence--
(A) by striking ``Additionally, the Secretary'' and
inserting the following:
``(B) Additionally, the Secretary''; and
(B) by inserting ``and tribal organizations'' after
``State and local governments''; and
(4) by adding at the end the following:
``(C) In this paragraph, the term `tribal
organization' has the meaning given the term in section
4(l) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(l)).''.
(b) Effective Date.--The amendments made by subsection (a)--
(1) take effect on December 5, 1991; and
(2) apply to any cooperative agreement entered into on or
after that date.
SEC. 3115. SAVANNAH RIVER NATIONAL LABORATORY.
The Savannah River National Laboratory shall be a
participating laboratory in the Department of Energy laboratory
directed research and development program.
SEC. 3116. ROCKY FLATS ENVIRONMENTAL TECHNOLOGY SITE.
(a) Definitions.--In this section:
(1) Essential mineral right.--The term ``essential mineral
right'' means a right to mine sand and gravel at Rocky Flats,
as depicted on the map.
(2) Fair market value.--The term ``fair market value''
means the value of an essential mineral right, as determined by
an appraisal performed by an independent, certified mineral
appraiser under the Uniform Standards of Professional Appraisal
Practice.
(3) Map.--The term ``map'' means the map entitled ``Rocky
Flats National Wildlife Refuge'', dated July 25, 2005, and
available for inspection in appropriate offices of the United
States Fish and Wildlife Service and the Department of Energy.
(4) Natural resource damage liability claim.--The term
``natural resource damage liability claim'' means a natural
resource damage liability claim under subsections (a)(4)(C) and
(f) of section 107 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9607)
arising from hazardous substances releases at or from Rocky
Flats that, as of the date of enactment of this Act, are
identified in the administrative record for Rocky Flats
required by the National Oil and Hazardous Substances Pollution
Contingency Plan prepared under section 105 of that Act (42
U.S.C. 9605).
(5) Rocky flats.--The term ``Rocky Flats'' means the
Department of Energy facility in the State of Colorado known as
the ``Rocky Flats Environmental Technology Site''.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(7) Trustees.--The term ``Trustees'' means the Federal and
State officials designated as trustees under section 107(f)(2)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9607(f)(2)).
(b) Purchase of Essential Mineral Rights.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, such amounts authorized to be
appropriated under subsection (c) shall be available to the
Secretary to purchase essential mineral rights at Rocky Flats.
(2) Conditions.--The Secretary shall not purchase an
essential mineral right under paragraph (1) unless--
(A) the owner of the essential mineral right is a
willing seller; and
(B) the Secretary purchases the essential mineral
right for an amount that does not exceed fair market
value.
(3) Limitation.--Only those funds authorized to be
appropriated under subsection (c) shall be available for the
Secretary to purchase essential mineral rights under paragraph
(1).
(4) Release from liability.--Notwithstanding any other law,
any natural resource damage liability claim shall be considered
to be satisfied by--
(A) the purchase by the Secretary of essential
mineral rights under paragraph (1) for consideration in
an amount equal to $10,000,000;
(B) the payment by the Secretary to the Trustees of
$10,000,000; or
(C) the purchase by the Secretary of any portion of
the mineral rights under paragraph (1) for--
(i) consideration in an amount less than
$10,000,000; and
(ii) a payment by the Secretary to the
Trustees of an amount equal to the difference
between--
(I) $10,000,000; and
(II) the amount paid under clause
(i).
(5) Use of funds.--
(A) In general.--Any amounts received under
paragraph (4) shall be used by the Trustees for the
purposes described in section 107(f)(1) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9607(f)(1)),
including--
(i) the purchase of additional mineral
rights at Rocky Flats; and
(ii) the development of habitat restoration
projects at Rocky Flats.
(B) Condition.--Any expenditure of funds under this
paragraph shall be made jointly by the Trustees.
(C) Additional funds.--The Trustees may use the
funds received under paragraph (4) in conjunction with
other private and public funds.
(6) Exemption from national environmental policy act.--Any
purchases of mineral rights under this subsection shall be
exempt from the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(7) Rocky flats national wildlife refuge.--
(A) Transfer of management responsibilities.--The
Rocky Flats National Wildlife Refuge Act of 2001 (16
U.S.C. 668dd note; Public Law 107-107) is amended--
(i) in section 3175--
(I) by striking subsections (b) and
(f); and
(II) by redesignating subsections
(c), (d), and (e) as subsections (b),
(c), and (d), respectively; and
(ii) in section 3176(a)(1), by striking
``section 3175(d)'' and inserting ``section
3175(c)''.
(B) Boundaries.--Section 3177 of the Rocky Flats
National Wildlife Refuge Act of 2001 (16 U.S.C. 668dd
note; Public Law 107-107) is amended by striking
subsection (c) and inserting the following:
``(c) Composition.--
``(1) In general.--Except as provided in paragraph (2), the
refuge shall consist of land within the boundaries of Rocky
Flats, as depicted on the map--
``(A) entitled `Rocky Flats National Wildlife
Refuge';
``(B) dated July 25, 2005; and
``(C) available for inspection in the appropriate
offices of the United States Fish and Wildlife Service
and the Department of Energy.
``(2) Exclusions.--The refuge does not include--
``(A) any land retained by the Department of Energy
for response actions under section 3175(c);
``(B) any land depicted on the map described in
paragraph (1) that is subject to 1 or more essential
mineral rights described in section 3114(a) of the
National Defense Authorization Act for Fiscal Year 2006
over which the Secretary shall retain jurisdiction of
the surface estate until the essential mineral rights--
``(i) are purchased under subsection (b) of
that Act; or
``(ii) are mined and reclaimed by the
mineral rights holders in accordance with
requirements established by the State of
Colorado; and
``(C) the land depicted on the map described in
paragraph (1) on which essential mineral rights are
being actively mined as of the date of enactment of the
National Defense Authorization Act for Fiscal Year 2006
until--
``(i) the essential mineral rights are
purchased; or
``(ii) the surface estate is reclaimed by
the mineral rights holder in accordance with
requirements established by the State of
Colorado.
``(3) Acquisition of additional land.--Notwithstanding
paragraph (2), upon the purchase of the mineral rights or
reclamation of the land depicted on the map described in
paragraph (1), the Secretary shall--
``(A) transfer the land to the Secretary of the
Interior for inclusion in the refuge; and
``(B) the Secretary of the Interior shall--
``(i) accept the transfer of the land; and
``(ii) manage the land as part of the
refuge.''.
(c) Funding.--Of the amounts authorized to be appropriated to the
Secretary for the Rocky Flats Environmental Technology Site for fiscal
year 2006, $10,000,000 may be made available to the Secretary for the
purposes described in subsection (b).
SEC. 3117. PROHIBITION ON USE OF FUNDS FOR ROBUST NUCLEAR EARTH
PENETRATOR.
None of the funds authorized to be appropriated to the Department
of Energy under this Act may be made available for the Robust Nuclear
Earth Penetrator.
SEC. 3118. SENSE OF THE SENATE REGARDING INTERIM REPORTS ON RESIDUAL
BERYLLIUM CONTAMINATION AT DEPARTMENT OF ENERGY VENDOR
FACILITIES.
(a) Findings.--The Senate makes the following findings:
(1) Section 3169 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 42
U.S.C. 7384 note) requires the National Institute for
Occupational Safety and Health to submit, not later than
December 31, 2006, an update to the October 2003 report of the
Institute on residual beryllium contamination at Department of
Energy vendor facilities.
(2) The American Beryllium Company, Tallevast, Florida,
machined beryllium for the Department of Energy's Oak Ridge Y-
12, Tennessee, and Rocky Flats, Colorado, facilities from 1967
until 1992.
(3) The National Institute for Occupational Safety and
Health has completed its evaluation of residual beryllium
contamination at the American Beryllium Company.
(4) Workers at the American Beryllium Company and other
affected companies should be made aware fo the site-specific
results of the study as soon as such results are available.
(b) Sense of the Senate.--It is the sense of the Senate to urge the
Director of the National Institute for Occupational Safety and Health--
(1) to provide to Congress interim reports of residual
beryllium contamination at facilities not later than 14 days
after completing the internal review of such reports; and
(2) to publish in the Federal Register summaries of the
findings of such reports, including the dates of any
significant residual beryllium contamination, at such time as
the reports are provided to Congress under paragraph (1).
SEC. 3119. REPORT ON ADVANCED TECHNOLOGIES FOR NUCLEAR POWER REACTORS
IN THE UNITED STATES.
(a) Report Required.--Not later than six months after the date of
the enactment of this Act, the Secretary of Energy shall submit to
Congress a report on advanced technologies for nuclear power reactors
in the United States.
(b) Report Elements.--The report required by subsection (a) shall
include the following:
(1) A description and assessment of technologies under
development for advanced nuclear power reactors that offer the
potential for further enhancements of the safety performance of
nuclear power reactors.
(2) A description and assessment of technologies under
development for advanced nuclear power reactors that offer the
potential for further enhancements of proliferation-resistant
nuclear power reactors.
(c) Form of Report.--The information in the report required by
subsection (a) shall be presented in manner and format that facilitates
the dissemination of such information to, and the understanding of such
information by, the general public.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2006,
$22,032,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
SEC. 3301. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR PREVIOUSLY
AUTHORIZED DISPOSALS FROM NATIONAL DEFENSE STOCKPILE.
(a) Disposal Authority.--Section 3303(a)(5) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public Law
105-261; 50 U.S.C. 98d note), as amended by section 3302 of the Ronald
W. Reagan National Defense Authorization Act for Year 2005 (Public Law
108-375; 50 U.S.C. 98d note), is amended by striking paragraph (5) and
inserting the following new paragraphs:
``(5) $900,000,000 by the end of fiscal year 2010.
``(6) $1,000,000,000 by the end of fiscal year 2013.''.
(b) Additional Disposal Authority.--Section 3402(b) of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
Stat. 972; 50 U.S.C. 98d note), as amended by section 3302 of the
National Defense Authorization Act for Fiscal Year 2004 (Public Law
108-136; 50 U.S.C. 98d note), is amended by striking paragraph (4) and
inserting the following new paragraphs:
``(4) $500,000,000 before the end of fiscal year 2010.
``(5) $600,000,000 before the end of fiscal year 2013.''.
SEC. 3302. AUTHORIZATION FOR DISPOSAL OF TUNGSTEN ORES AND
CONCENTRATES.
(a) Disposal Authorized.--The President may dispose of up to
8,000,000 pounds of contained tungsten in the form of tungsten ores and
concentrates from the National Defense Stockpile in fiscal year 2006.
(b) Certain Sales Authorized.--The tungsten ores and concentrates
disposed under subsection (a) may be sold to entities with ore
conversion or tungsten carbide manufacturing or processing capabilities
in the United States.
SEC. 3303. DISPOSAL OF FERROMANGANESE.
(a) Disposal Authorized.--The Secretary of Defense may dispose of
up to 75,000 tons of ferromanganese from the National Defense Stockpile
during fiscal year 2006.
(b) Contingent Authority for Additional Disposal.--If the Secretary
of Defense completes the disposal of the total quantity of
ferromanganese authorized for disposal by subsection (a) before
September 30, 2006, the Secretary of Defense may dispose of up to an
additional 25,000 tons of ferromanganese from the National Defense
Stockpile before that date.
(c) Certification.--The Secretary of Defense may dispose of
ferromanganese under the authority of subsection (b) only if the
Secretary submits written certification to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives, not later than 30 days before the commencement of
disposal, that--
(1) the disposal of the additional ferromanganese from the
National Defense Stockpile is in the interest of national
defense;
(2) the disposal of the additional ferromanganese will not
cause undue disruption to the usual markets of producers and
processors of ferromanganese in the United States; and
(3) the disposal of the additional ferromanganese is
consistent with the requirements and purpose of the National
Defense Stockpile.
(d) Delegation of Responsibility.--The Secretary of Defense may
delegate the responsibility of the Secretary under subsection (c) to an
appropriate official within the Department of Defense.
(e) National Defense Stockpile Defined.--In this section, the term
``National Defense Stockpile'' means the stockpile provided for in
section 4 of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c).
Passed the Senate November 15, 2005.
Attest:
Secretary.
109th CONGRESS
1st Session
S. 1045
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2006 for defense activities
of the Department of Energy, and for other purposes.