Department of Energy National Security Act for Fiscal Year 2007

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2769 Engrossed in Senate (ES)]

109th CONGRESS
2d Session
S. 2769

_______________________________________________________________________

AN ACT

To authorize appropriations for fiscal year 2007 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. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Table of contents.
Sec. 2. 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

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B--Other Matters

Sec. 3111. Notice and wait requirement applicable to certain third
party financing arrangements.
Sec. 3112. Utilization of international contributions to the Global
Threat Reduction Initiative.
Sec. 3113. Utilization of international contributions to the Second
Line of Defense Core Program.
Sec. 3114. Extension of Facilities and Infrastructure Recapitalization
Program.
Sec. 3115. Two-year extension of authority for appointment of certain
scientific, engineering, and technical
personnel.
Sec. 3116. Extension of deadline for transfer of lands to Los Alamos
County, New Mexico, and of lands in trust
for the Pueblo of San Ildefonso.
Sec. 3117. Limitations on availability of funds for Waste Treatment and
Immobilization Plant.
Sec. 3118. Limitation on availability of funds for implementation of
the Russian Surplus Fissile Materials
Disposition Program.
Sec. 3119. Limitation on availability of funds for construction of MOX
Fuel Fabrication Facility.
Sec. 3120. Technical correction related to authorization of
appropriations for fiscal year 2006.
Sec. 3121. Education of future nuclear engineers.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Transfer of government-furnished uranium stored at Sequoyah
Fuels Corporation, Gore, Oklahoma.
TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Completion of equity finalization process for Naval
Petroleum Reserve Numbered 1.

SEC. 2. 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

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 2007 for
the activities of the National Nuclear Security Administration in
carrying out programs necessary for national security in the amount of
$9,333,311,000, to be allocated as follows:
(1) For weapons activities, $6,455,389,000.
(2) For defense nuclear nonproliferation activities,
$1,726,213,000.
(3) For naval reactors, $795,133,000.
(4) For the Office of the Administrator for Nuclear
Security, $356,576,000.
(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 the National
Nuclear Security Administration as follows:
(1) For readiness in technical base and facilities, the
following new plant projects:
Project 07-D-140, Readiness in Technical Base and
Facilities Program, project engineering and design,
various locations, $4,977,000.
Project 07-D-220, Radioactive liquid waste
treatment facility upgrade project, Los Alamos National
Laboratory, Los Alamos, New Mexico, $14,828,000.
(2) For facilities and infrastructure recapitalization, the
following new plant project:
Project 07-D-253, Technical Area 1 heating systems
modernization, Sandia National Laboratories,
Albuquerque, New Mexico, $14,500,000.
(3) For defense nuclear nonproliferation, the following new
plant project:
Project 07-SC-05, Physical Sciences Facility,
Pacific Northwest National Laboratory, Richland,
Washington, $4,220,000.
(4) For naval reactors, the following new plant project:
Project 07-D-190, Materials Research Technology
Complex, project engineering and design, Bettis Atomic
Power Laboratory, West Mifflin, Pennsylvania,
$1,485,000.

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2007 for defense environmental cleanup
activities in carrying out programs necessary for national security in
the amount of $5,430,312,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2007 for other defense activities in carrying
out programs necessary for national security in the amount of
$624,530,000.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2007 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
$333,080,000.

Subtitle B--Other Matters

SEC. 3111. NOTICE AND WAIT REQUIREMENT APPLICABLE TO CERTAIN THIRD
PARTY FINANCING ARRANGEMENTS.

Subtitle A of title XLVIII of the Atomic Energy Defense Act (50
U.S.C. 2781 et seq.) is amended by adding at the end the following new
section:

``SEC. 4804. NOTICE AND WAIT REQUIREMENT APPLICABLE TO CERTAIN THIRD
PARTY FINANCING ARRANGEMENTS.

``(a) Notice and Wait Requirement.--The Secretary of Energy may not
enter into an arrangement described in subsection (b) until 30 days
after the date on which the Secretary notifies the congressional
defense committees in writing of the proposed arrangement.
``(b) Covered Arrangements.--
``(1) In general.--Except as provided in paragraph (2), an
arrangement referred to in subsection (a) is any alternative
financing arrangement, third party financing arrangement,
public-private partnership, privatization arrangement, private
capital arrangement, or other financing arrangement that--
``(A) is entered into in connection with a project
conducted using funds authorized to be appropriated to
the Department of Energy to carry out programs
necessary for national security; and
``(B) involves a contractor or Federal agency
obtaining and charging to the Department of Energy as
an allowable cost under a contract the use of office
space, facilities, or other real property assets with a
value of at least $5,000,000.
``(2) Exception.--An arrangement referred to in subsection
(a) does not include an arrangement that--
``(A) involves the Department of Energy or a
contractor acquiring or entering into a capital lease
for office space, facilities, or other real property
assets; or
``(B) is entered into in connection with a capital
improvement project undertaken as part of an energy
savings performance contract under section 801 of the
National Energy Conservation Policy Act (42 U.S.C.
8287).''.

SEC. 3112. UTILIZATION OF INTERNATIONAL CONTRIBUTIONS TO THE GLOBAL
THREAT REDUCTION INITIATIVE.

Section 3132 of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 (Public Law 108-375; 50 U.S.C. 2569) is
amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) International Participation in Program.--(1) In order to
achieve international participation in the program under subsection
(b), the Secretary of Energy may, with the concurrence of the Secretary
of State, enter into one or more agreements with any person, foreign
government, or other international organization that the Secretary of
Energy considers appropriate for the contribution of funds by such
person, government, or organization for purposes of the programs
described in paragraph (2)(B).
``(2)(A) Notwithstanding section 3302 of title 31, United States
Code, and subject to paragraphs (3) and (4), the Secretary of Energy
may retain and utilize for purposes of the programs described in
subparagraph (B) any amounts contributed by a person, government, or
organization under an agreement under paragraph (1) without further
appropriation and without fiscal year limitation.
``(B) The programs described in this subparagraph are the following
programs within the Global Threat Reduction Initiative:
``(i) The International Radiological Threat Reduction
program.
``(ii) The Emerging Threats and Gap Materials program.
``(iii) The Reduced Enrichment for Research and Test
Reactors program.
``(iv) The Russian Research Reactor Fuel Return program.
``(v) The Global Research Reactor Security program.
``(vi) The Kazakhstan Spent Fuel program.
``(3) The Secretary of Energy may not utilize under paragraph (2)
any amount contributed under an agreement under paragraph (1) until 30
days after the date on which the Secretary notifies the congressional
defense committees of the intent to utilize such amount, including the
source of such amount and the proposed purpose for which such amount
will be utilized.
``(4) If any amount contributed under paragraph (1) has not been
utilized within 5 years of such contribution, the Secretary of Energy
shall return such amount to the person, government, or organization
that contributed it.
``(5) Not later than 30 days after the receipt of any amount
contributed under paragraph (1), the Secretary of Energy shall submit
to the congressional defense committees a notice of the receipt of such
amount.
``(6) Not later than October 31 of each year, the Secretary of
Energy shall submit to the congressional defense committees a report on
the receipt and utilization of amounts under this subsection during the
preceding fiscal year. Each report for a fiscal year shall set forth--
``(A) a statement of any amounts received under this
subsection, including the source of each such amount; and
``(B) a statement of any amounts utilized under this
subsection, including the purposes for which such amounts were
utilized.
``(7) The authority of the Secretary of Energy to accept and
utilize amounts under this subsection shall expire on December 31,
2013.''.

SEC. 3113. UTILIZATION OF INTERNATIONAL CONTRIBUTIONS TO THE SECOND
LINE OF DEFENSE CORE PROGRAM.

(a) International Contributions Authorized.--In order to achieve
international participation in the Second Line of Defense Core Program
administered by the National Nuclear Security Administration, the
Secretary of Energy may, with the concurrence of the Secretary of
State, enter into one or more agreements with any person, foreign
government, or other international organization that the Secretary of
Energy considers appropriate for the contribution of funds by such
person, government, or organization for purposes of the program.
(b) Utilization of Contributions.--Notwithstanding section 3302 of
title 31, United States Code, and subject to subsections (c) and (d),
the Secretary of Energy may retain and utilize for purposes of the
program any amounts contributed by a person, government, or
organization under an agreement under subsection (a) without further
appropriation and without fiscal year limitation.
(c) Notice and Wait Requirement.--The Secretary of Energy may not
utilize under subsection (b) any amount contributed under an agreement
under subsection (a) until 30 days after the date on which the
Secretary notifies the congressional defense committees of the intent
to utilize such amount, including the source of such amount and the
proposed purpose for which such amount will be utilized.
(d) Return of Unutilized Amounts.--If any amount contributed under
subsection (a) has not been utilized within 5 years of such
contribution, the Secretary of Energy shall return such amount to the
person, government, or organization that contributed it.
(e) Notification Requirement.--Not later than 30 days after the
receipt of any amount contributed under subsection (a), the Secretary
of Energy shall submit to the congressional defense committees a notice
of the receipt of such amount.
(f) Annual Report.--Not later than October 31 of each year, the
Secretary of Energy shall submit to the congressional defense
committees a report on the receipt and utilization of amounts under
this subsection during the preceding fiscal year. Each report for a
fiscal year shall set forth--
(1) a statement of any amounts received under this section,
including the source of each such amount; and
(2) a statement of any amounts utilized under this section,
including the purposes for which such amounts were utilized.
(g) Termination.--The authority of the Secretary of Energy to
accept and utilize amounts under this subsection shall expire on
December 31, 2013.

SEC. 3114. EXTENSION OF FACILITIES AND INFRASTRUCTURE RECAPITALIZATION
PROGRAM.

Section 3114 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 50 U.S.C. 2453 note) is amended by
striking ``2011'' both places it appears and inserting ``2013''.

SEC. 3115. TWO-YEAR EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN
SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.

Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C.
2701(c)(1)) is amended by striking ``September 30, 2006'' and inserting
``September 30, 2008''.

SEC. 3116. EXTENSION OF DEADLINE FOR TRANSFER OF LANDS TO LOS ALAMOS
COUNTY, NEW MEXICO, AND OF LANDS IN TRUST FOR THE PUEBLO
OF SAN ILDEFONSO.

Section 632 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law
105-119; 111 Stat. 2523; 42 U.S.C. 2391 note) is amended--
(1) in subsection (d)(2), by striking ``10 years after the
date of enactment of this Act'' and inserting ``November 26,
2012''; and
(2) in subsection (g)(3)(B), by striking ``the end of the
10-year period beginning on the date of enactment of this Act''
and inserting ``November 26, 2012''.

SEC. 3117. LIMITATIONS ON AVAILABILITY OF FUNDS FOR WASTE TREATMENT AND
IMMOBILIZATION PLANT.

Of the amount authorized to be appropriated under section 3102 for
defense environmental cleanup activities and available for the Waste
Treatment and Immobilization Plant--
(1) not more than 30 percent of such amount may be
obligated or expended until the date on which the Secretary of
Energy certifies to the congressional defense committees that
the Defense Contract Management Agency has certified the earned
value management system used to track and report costs of the
Waste Treatment and Immobilization Plant; and
(2) not more than 60 percent of such amount may be
obligated or expended until the date on which the Secretary of
Energy certifies to the congressional defense committees that
the final seismic and ground motion criteria have been approved
by the Secretary and that the contracting officer of the Waste
Treatment and Immobilization Plant Project has formally
directed that the final criteria be used for the final design
of the Pretreatment Facility and the High-Level Waste Facility
of the Waste Treatment and Immobilization Plant.

SEC. 3118. LIMITATION ON AVAILABILITY OF FUNDS FOR IMPLEMENTATION OF
THE RUSSIAN SURPLUS FISSILE MATERIALS DISPOSITION
PROGRAM.

(a) Limitation.--(1) Except as provided in subsection (b), none of
the amount authorized to be appropriated under section 3101(a)(2) for
defense nuclear nonproliferation activities may be obligated for the
implementation of the Russian Surplus Fissile Materials Disposition
Program (in this section referred to as the ``Program'') until 30 days
after the date on which the Secretary of Energy provides to the
congressional defense committees written recommendations regarding
whether and in what manner the Program should proceed.
(2) The recommendations submitted under paragraph (1) shall
include--
(A) a description of the disposition method the Government
of Russia has agreed to use;
(B) a description of the assistance the United States
Government plans to provide under the Program;
(C) an estimate of the total cost and schedule of such
assistance;
(D) an explanation of how parallelism is to be defined for
purposes of the Program and whether such parallelism can be
achieved if the United States mixed-oxide (MOX) plutonium
disposition program continues on the current planned schedule
without further delays.
(b) Exception.--The limitation under subsection (a) does not apply
to the obligation of funds to continue research and development
associated with the Gas Turbine-Modular Helium Reactor (GT-MHR).

SEC. 3119. LIMITATION ON AVAILABILITY OF FUNDS FOR CONSTRUCTION OF MOX
FUEL FABRICATION FACILITY.

None of the amount authorized to be appropriated under section
3101(a)(2) for defense nuclear nonproliferation activities may be
obligated for construction project 99-D-143, the Mixed-Oxide (MOX) Fuel
Fabrication Facility, until 30 days after the date on which the
Secretary of Energy provides to the congressional defense committees--
(1) an independent cost estimate for the United States
Surplus Fissile Materials Disposition Program and facilities;
and
(2) a written certification that the Department of Energy
intends to use the MOX Fuel Fabrication Facility for United
States plutonium disposition regardless of the future direction
of the Russian Surplus Fissile Materials Disposition Program.

SEC. 3120. TECHNICAL CORRECTION RELATED TO AUTHORIZATION OF
APPROPRIATIONS FOR FISCAL YEAR 2006.

Effective as of January 6, 2006, and as if included therein as
enacted, section 3101(a) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3537) is amended by
striking ``$9,196,456'' and inserting ``$9,196,456,000''.

SEC. 3121. EDUCATION OF FUTURE NUCLEAR ENGINEERS.

(a) Findings.--Congress makes the following findings:
(1) The Department of Defense and the United States depend
on the specialized expertise of nuclear engineers who support
the development and sustainment of technologies including naval
reactors, strategic weapons, and nuclear power plants.
(2) Experts estimate that over 25 percent of the
approximately 58,000 workers in the nuclear power industry in
the United States will be eligible to retire within 5 years,
representing both a huge loss of institutional memory and a
potential national security crisis.
(3) This shortfall of workers is exacerbated by reductions
to the University Reactor Infrastructure and Education
Assistance program, which trains civilian nuclear scientists
and engineers. The defense and civilian nuclear industries are
interdependent on a limited number of educational institutions
to produce their workforce. A reduction in nuclear scientists
and engineers trained in the civilian sector may result in a
further loss of qualified personnel for defense-related
research and engineering.
(4) The Department of Defense's successful Science, Math
and Research for Transformation (SMART) scholarship-for-service
program serves as a good model for a targeted scholarship or
fellowship program designed to educate future scientists at the
postsecondary and postgraduate levels.
(b) Report on Education of Future Nuclear Engineers.--
(1) Study.--The Secretary of Energy shall study the
feasibility and merit of establishing a targeted scholarship or
fellowship program to educate future nuclear engineers at the
postsecondary and postgraduate levels.
(2) Report required.--The President shall submit to the
congressional defense committees, together with the budget
request submitted for fiscal year 2008, a report on the study
conducted by the Secretary of Energy under paragraph (1).

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. AUTHORIZATION.

There are authorized to be appropriated for fiscal year 2007,
$22,260,000 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. TRANSFER OF GOVERNMENT-FURNISHED URANIUM STORED AT SEQUOYAH
FUELS CORPORATION, GORE, OKLAHOMA.

(a) Transport and Disposal.--Not later than March 31, 2007, the
Secretary of the Army shall, subject to subsection (c), transport to an
authorized disposal facility for appropriate disposal all of the
Federal Government-furnished uranium in the chemical and physical form
in which it is stored at the Sequoyah Fuels Corporation site in Gore,
Oklahoma.
(b) Source of Funds.--Funds authorized to be appropriated by
section 301(1) for the Army for operation and maintenance may be used
for the transport and disposal required under subsection (a).
(c) Liability.--The Secretary may only transport uranium under
subsection (a) after receiving from Sequoyah Fuels Corporation a
written agreement satisfactory to the Secretary that provides that--
(1) the United States assumes no liability, legal or
otherwise, of Sequoyah Fuels Corporation by transporting such
uranium; and
(2) the Sequoyah Fuels Corporation waives any and all
claims it may have against the United States related to the
transported uranium.

TITLE XXXIV--NAVAL PETROLEUM RESERVES

SEC. 3401. COMPLETION OF EQUITY FINALIZATION PROCESS FOR NAVAL
PETROLEUM RESERVE NUMBERED 1.

Section 3412(g) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 7420 note) is amended--
(1) by inserting ``(1)'' after ``(g)''; and
(2) by adding at the end the following new paragraph:
``(2)(A) In light of the unique role that the independent petroleum
engineer who is retained pursuant to paragraph (b)(2) performs in the
process of finalizing equity interests, and the importance to the
United States taxpayer of timely completion of the equity finalization
process, the independent petroleum engineer's `Shallow Oil Zone
Provisional Recommendation of Equity Participation,' which was
presented to the equity finalization teams for the Department of Energy
and Chevron U.S.A. Inc. on October 1 and 2, 2002, shall become the
final equity recommendation of the independent petroleum engineer, as
that term is used in the Protocol on NPR-1 Equity Finalization
Implementation Process, July 8, 1996, for the Shallow Oil Zone unless
the Department of Energy and Chevron U.S.A. Inc. agree in writing not
later than 60 days after the date of the enactment of this paragraph
that the independent petroleum engineer shall not be liable to either
party for any cost or expense incurred or for any loss or damage
sustained--
``(i) as a result of the manner in which services are
performed by the independent petroleum engineer in accordance
with its contract with the Department of Energy to support the
equity determination process;
``(ii) as a result of the failure of the independent
petroleum engineer in good faith to perform any service or make
any determination or computation, unless caused by its gross
negligence; or
``(iii) as a result of the reliance by either party on any
computation, determination, estimate or evaluation made by the
independent petroleum engineer unless caused by the its gross
negligence or willful misconduct.
``(B) If Chevron U.S.A. Inc. agrees in writing not later than 60
days after the date of the enactment of this paragraph that the
independent petroleum engineer shall not be liable to Chevron U.S.A.
Inc. or the Department of Energy for any cost or expense incurred or
for any loss or damage described in clauses (i) through (iii) of
subparagraph (A), the Department of Energy shall agree to the same not
later than such date.''.

Passed the Senate June 22, 2006.

Attest:

Secretary.
109th CONGRESS

2d Session

S. 2769

_______________________________________________________________________

AN ACT

To authorize appropriations for fiscal year 2007 for defense activities
of the Department of Energy, and for other purposes.