II
Calendar No. 188
110th CONGRESS
1st Session
S. 1550
IN THE SENATE OF THE UNITED STATES
June 5, 2007
Mr. Levin, from the Committee on Armed Services, reported the following original bill; which was read twice and placed on the calendar
A BILL
To authorize appropriations for fiscal year 2008 for defense activities of the Department of Energy, and for other purposes.
Short title
This Act may be cited as
the Department of Energy National
Security Act for Fiscal Year 2008
.
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.
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B—Program Authorizations, Restrictions, and Limitations
Sec. 3111. Reliable Replacement Warhead program.
Sec. 3112. Limitation on availability of funds for Fissile Materials Disposition program.
Sec. 3113. Modification of limitations on availability of funds for Waste Treatment and Immobilization Plant.
Subtitle C—Other Matters
Sec. 3121. Nuclear test readiness.
Sec. 3122. Sense of Congress on the nuclear nonproliferation policy of the United States and the Reliable Replacement Warhead program.
Sec. 3123. Report on status of environmental management initiatives to accelerate the reduction of environmental risks and challenges posed by the legacy of the Cold War.
Sec. 3124. Comptroller General report on Department of Energy protective force management.
Sec. 3125. Technical amendments.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
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.
DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
National Security Programs Authorizations
National Nuclear Security Administration
Authorization of Appropriations
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2008 for the activities of the National Nuclear Security Administration in carrying out programs necessary for national security in the amount of $9,539,693,000, to be allocated as follows:
For weapons activities, $6,472,172,000.
For defense nuclear nonproliferation activities, $1,809,646,000.
For naval reactors, $808,219,000.
For the Office of the Administrator for Nuclear Security, $399,656,000.
For the International Atomic Energy Agency Nuclear Fuel Bank, $50,000,000.
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:
For readiness in technical base and facilities, the following new plant projects:
Project 08–D–801, High pressure fire loop, Pantex Plant, Amarillo, Texas, $7,000,000.
Project 08–D–802, High explosive pressing facility, Pantex Plant, Amarillo, Texas, $25,300,000.
- Project 08–D–804, Technical Area 55 reinvestment project, Los Alamos National Laboratory, Los Alamos, New Mexico, $6,000,000.
For facilities and infrastructure recapitalization, the following new plant projects:
Project 08–D–601, Mercury highway, Nevada Test Site, Nevada, $7,800,000.
Project 08–D–602, Potable water system upgrades, Y–12 Plant, Oak Ridge, Tennessee, $22,500,000.
For safeguards and security, the following new plant project:
Project 08–D–701, Nuclear materials safeguards and security upgrade, Los Alamos National Laboratory, Los Alamos, New Mexico, $49,496,000.
For naval reactors, the following new plant projects:
Project 08–D–901, Shipping and receiving and warehouse complex, Bettis Atomic Power Laboratory, West Mifflin, Pennsylvania, $9,000,000.
Project 08–D–190, Project engineering and design, Expended Core Facility M–290 Recovering Discharge Station, Naval Reactors Facility, Idaho Falls, Idaho, $550,000.
Defense environmental cleanup
Authorization of appropriations
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2008 for defense environmental cleanup activities in carrying out programs necessary for national security in the amount of $5,410,905,000.
Authorization for new plant project
From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out, for defense environmental cleanup activities, the following new plant project:
Project 08–D–414, Project engineering and design, Plutonium Vitrification Facility, various locations, $15,000,000.
Other defense activities
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2008 for other defense activities in carrying out programs necessary for national security in the amount of $663,074,000.
Defense nuclear waste disposal
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2008 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 $242,046,000.
Program Authorizations, Restrictions, and Limitations
Reliable Replacement Warhead program
Limitation on availability of funds
Of the amount authorized to be appropriated under section 3101(a)(1) for weapons activities for fiscal year 2008, not more than $195,069,000 may be obligated or expended for the Reliable Replacement Warhead program under section 4204a of the Atomic Energy Defense Act (50 U.S.C. 2524a).
Prohibition on availability of funds for certain activities
No funds referred to in subsection (a) may be obligated or expended for activities under the Reliable Replacement Warhead program beyond phase 2A activities.
Limitation on availability of funds for Fissile Materials Disposition program
Limitation pending report on use of prior fiscal year funds
No fiscal year 2008 Fissile Materials Disposition program funds may be obligated or expended for the Fissile Materials Disposition program until the Secretary of Energy, in consultation with the Administrator for Nuclear Security, submits to the congressional defense committees a report setting forth a plan for obligating and expending funds made available for that program in fiscal years before fiscal year 2008 that remain available for obligation or expenditure as of October 1, 2007.
Limitation pending certification on use of current fiscal year funds
In general
Within fiscal year 2008 Fissile Materials Disposition program funds, the aggregate amount that may be obligated for the Fissile Materials Disposition program may not exceed such amount as the Secretary, in consultation with the Administrator, certifies to the congressional defense committees will be obligated for that program in fiscal years 2008 and 2009.
Availability of unutilized funds absent certification
If the Secretary does not make a certification under paragraph (1), fiscal year 2008 Fissile Materials Disposition program funds shall not be available for the Fissile Materials Disposition program, but shall be available instead for any defense nuclear nonproliferation activities (other than the Fissile Materials Disposition program) for which amounts are authorized to be appropriated by section 3101(a)(2).
Availability of unutilized funds under certification of partial use
If the aggregate amount of funds certified under paragraph (1) as to be obligated for the Fissile Materials Disposition program in fiscal years 2008 and 2009 is less than the amount of the fiscal year 2008 Fissile Materials Disposition program funds, an amount within fiscal year 2008 Fissile Materials Disposition program funds that is equal to the difference between the amount of fiscal year 2008 Fissile Materials Disposition program funds and such aggregate amount shall not be available for the Fissile Materials Disposition program, but shall be available instead for any defense nuclear nonproliferation activities (other than the Fissile Materials Disposition program) for which amounts are authorized to be appropriated by section 3101(a)(2).
Fiscal year 2008 Fissile Materials Disposition program funds defined
In this section, the term fiscal year 2008 Fissile Materials Disposition program funds means amounts authorized to be appropriated by section 3101(a)(2) and available for the Fissile Materials Disposition program.
Modification of limitations on availability of funds for Waste Treatment and Immobilization Plant
Paragraph (2) of section 3120(a) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2510) is amended—
by striking
the Defense Contract Management Agency has recommended for
acceptance
and inserting an independent entity has
reviewed
; and
by inserting
and that the system has been certified by the Secretary for use by a
construction contractor at the Waste Treatment and Immobilization Plant
after Waste Treatment and Immobilization Plant
.
Other Matters
Nuclear test readiness
Repeal of requirements on readiness posture
Section 3113 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1743; 50 U.S.C. 2528a) is repealed.
Reports on nuclear test readiness postures
In general
Section 4208 of the Atomic Energy Defense Act (50 U.S.C. 2528) is amended to read as follows:
Reports on nuclear test readiness
In general
Not later than March 1, 2009, and every odd-numbered year thereafter, the Secretary of Energy shall submit to the congressional defense committees a report on the nuclear test readiness of the United States.
Elements
Each report under subsection (a) shall include, current as of the date of such report, the following:
An estimate of the period of time that would be necessary for the Secretary of Energy to conduct an underground test of a nuclear weapon once directed by the President to conduct such a test.
A description of the level of test readiness that the Secretary of Energy, in consultation with the Secretary of Defense, determines to be appropriate.
A list and description of the workforce skills and capabilities that are essential to carrying out an underground nuclear test at the Nevada Test Site.
A list and description of the infrastructure and physical plant that are essential to carrying out an underground nuclear test at the Nevada Test Site.
An assessment of the readiness status of the skills and capabilities described in paragraph (3) and the infrastructure and physical plant described in paragraph (4).
Form
Each report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
.
Clerical amendment
The item relating to section 4208 in the table of contents for such Act is amended to read as follows:
Sec. 4208. Reports on nuclear test readiness.
.
Sense of Congress on the nuclear nonproliferation policy of the United States and the Reliable Replacement Warhead program
It is the sense of Congress that—
the United States
should reaffirm its commitment to Article VI of the Treaty on the
Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow
July 1, 1968, and entered into force March 5, 1970 (in this section referred to
as the Nuclear Non-Proliferation Treaty
);
the United States should initiate talks with Russia to reduce the number of nonstrategic nuclear weapons and further reduce the number of strategic nuclear weapons in the respective nuclear weapons stockpiles of the United States and Russia in a transparent and verifiable fashion and in a manner consistent with the security of the United States;
the United States and other declared nuclear weapons state parties to the Nuclear Non-Proliferation Treaty, together with weapons states that are not parties to the treaty, should work to reduce the total number of nuclear weapons in the respective stockpiles and related delivery systems of such states;
the United States, Russia, and other states should work to negotiate, and then sign and ratify, a treaty setting forth a date for the cessation of the production of fissile material;
the Senate should ratify the Comprehensive Nuclear-Test-Ban Treaty, opened for signature at New York September 10, 1996;
the United States should commit to dismantle as soon as possible all retired warheads or warheads that are planned to be retired from the United States nuclear weapons stockpile;
the United States, along with the other declared nuclear weapons state parties to the Nuclear Non-Proliferation Treaty, should participate in transparent discussions regarding their nuclear weapons programs and plans, and how such programs and plans, including plans for any new weapons or warheads, relate to their obligations as nuclear weapons state parties under the Treaty;
the United States and the declared nuclear weapons state parties to the Nuclear Non-Proliferation Treaty should work to decrease reliance on, and the importance of, nuclear weapons; and
the United States should formulate any decision on whether to manufacture or deploy a reliable replacement warhead within the broader context of the progress made by the United States toward achieving each of the goals described in paragraphs (1) through (8).
Report on status of environmental management initiatives to accelerate the reduction of environmental risks and challenges posed by the legacy of the Cold War
In general
On the date described in subsection (d), the Secretary of Energy shall submit to the congressional defense committees and the Comptroller General of the United States a report on the status of the environmental management initiatives described in subsection (c) 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.
Elements
The report required by subsection (a) shall include the following:
A discussion of the progress made in reducing the environmental risks and challenges described in subsection (a) in each of the following areas:
Acquisition strategy and contract management.
Regulatory agreements.
Interim storage and final disposal of high-level waste, spent nuclear fuel, transuranic waste, and low-level waste.
Closure and transfer of environmental remediation sites.
Achievements in innovation by contractors of the Department with respect to accelerated risk reduction and cleanup.
Consolidation of special nuclear materials and improvements in safeguards and security.
An assessment of the progress made in streamlining risk reduction processes of the environmental management program of the Department.
An assessment of the progress made in improving the responsiveness and effectiveness of the environmental management program of the Department.
Any proposals for legislation that the Secretary considers necessary to carry out the environmental management initiatives described in subsection (c) and the justification for each such proposal.
A list of the mandatory milestones and commitments set forth in each enforceable cleanup agreement or other type of agreement covering or applicable to environmental management and cleanup activities at any site of the Department, the status of the efforts of the Department to meet such milestones and commitments, and if the Secretary determines that the Department will be unable to achieve any such milestone or commitment, a statement setting forth the reasons the Department will be unable to achieve such milestone or commitment.
An estimate of the life cycle cost of the environmental management program, including the following:
A list of the environmental projects being reviewed for potential inclusion in the environmental management program as of October 1, 2007, and an estimated date by which a determination will be made to include or exclude each such project.
A list of environmental projects not being considered for potential inclusion in the environmental management program as of October 1, 2007, but that are likely to be included in the next five years, and an estimated date by which a determination will be made to include or exclude each such project.
A list of projects in the environmental management program as of October 1, 2007, for which an audit of the cost estimate of the project has been completed, and the estimated date by which such an audit will be completed for each such project for which such an audit has not been completed.
The estimated schedule for production of a revised life cycle cost estimate for the environmental management program incorporating the information described in subparagraphs (A), (B), and (C).
Initiatives described
The environmental management initiatives described in
this subsection 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 in carrying out programs necessary for
national security.
Date of submittal
The date described in this subsection is the date on which the budget justification materials in support of the Department of Energy budget for fiscal year 2009 (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) are submitted to Congress.
Review by Comptroller General
Not later than 180 days after the date described in subsection (d), the Comptroller General shall submit to the congressional defense committees a report containing a review of the report required by subsection (a).
Comptroller General report on Department of Energy protective force management
In general
Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the management of the protective forces of the Department of Energy.
Contents
The report shall include the following:
A description of the management and contractual structure for protective forces at each Department of Energy site with Category I nuclear materials.
A statement of the number and category of protective force members at each site described in paragraph (1) and an assessment of whether the protective force at each such site is adequately staffed, trained, and equipped to comply with the requirements of the Design Basis Threat issued by the Department of Energy in November 2005.
A description of the manner in which each site described in paragraph (1) is moving to a tactical response force as required by the policy of the Department of Energy and an assessment of the issues or problems, if any, involved in the moving to a tactical response force at such site.
A description of the extent to which the protective force at each site described in paragraph (1) has been assigned or is responsible for law enforcement or law-enforcement related activities.
An analysis comparing the management, training, pay, benefits, duties, responsibilities, and assignments of the protective force at each site described in paragraph (1) with the management, training, pay, benefits, duties, responsibilities, and assignments of the Federal transportation security force of the Department of Energy.
A statement of options for managing the protective force at sites described in paragraph (1) in a more uniform manner, an analysis of the advantages and disadvantages of each option, and an assessment of the approximate cost of each option when compared with the costs associated with the existing management of the protective force at such sites.
Form
The report shall be submitted in unclassified form, but may include a classified annex.
Technical amendments
The Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is amended as follows:
The heading of section 4204A (50 U.S.C. 2524a) is amended to read as follows:
Reliable Replacement Warhead program
.
The table of contents for that Act is amended by inserting after the item relating to section 4204 the following new item:
.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Authorization
There are authorized to be appropriated for fiscal year 2008, $27,499,000 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.).
June 5, 2007
Read twice and placed on the calendar