[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1550 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 188
110th CONGRESS
  1st Session
                                S. 1550

To authorize appropriations for fiscal year 2008 for defense activities 
          of the Department of Energy, and for other purposes.


_______________________________________________________________________


                   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.

    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 2008''.

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.
      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.

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.

      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 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:
            (1) For weapons activities, $6,472,172,000.
            (2) For defense nuclear nonproliferation activities, 
        $1,809,646,000.
            (3) For naval reactors, $808,219,000.
            (4) For the Office of the Administrator for Nuclear 
        Security, $399,656,000.
            (5) For the International Atomic Energy Agency Nuclear Fuel 
        Bank, $50,000,000.
    (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 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.
            (2) 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.
            (3) 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.
            (4) 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.

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

    (a) 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.
    (b) 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.

SEC. 3103. 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.

SEC. 3104. 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.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

SEC. 3111. RELIABLE REPLACEMENT WARHEAD PROGRAM.

    (a) 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).
    (b) 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.

SEC. 3112. LIMITATION ON AVAILABILITY OF FUNDS FOR FISSILE MATERIALS 
              DISPOSITION PROGRAM.

    (a) 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.
    (b) Limitation Pending Certification on Use of Current Fiscal Year 
Funds.--
            (1) 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.
            (2) 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).
            (3) 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).
    (c) 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.

SEC. 3113. 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--
            (1) by striking ``the Defense Contract Management Agency 
        has recommended for acceptance'' and inserting ``an independent 
        entity has reviewed''; and
            (2) 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''.

                       Subtitle C--Other Matters

SEC. 3121. NUCLEAR TEST READINESS.

    (a) 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.
    (b) Reports on Nuclear Test Readiness Postures.--
            (1) In general.--Section 4208 of the Atomic Energy Defense 
        Act (50 U.S.C. 2528) is amended to read as follows:

``SEC. 4208. REPORTS ON NUCLEAR TEST READINESS.

    ``(a) 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.
    ``(b) Elements.--Each report under subsection (a) shall include, 
current as of the date of such report, the following:
            ``(1) 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.
            ``(2) A description of the level of test readiness that the 
        Secretary of Energy, in consultation with the Secretary of 
        Defense, determines to be appropriate.
            ``(3) 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.
            ``(4) 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.
            ``(5) 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).
    ``(c) Form.--Each report under subsection (a) shall be submitted in 
unclassified form, but may include a classified annex.''.
            (2) 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.''.

SEC. 3122. 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--
            (1) 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'');
            (2) 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;
            (3) 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;
            (4) 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;
            (5) the Senate should ratify the Comprehensive Nuclear-
        Test-Ban Treaty, opened for signature at New York September 10, 
        1996;
            (6) 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;
            (7) 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;
            (8) 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
            (9) 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).

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.

    (a) 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.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A discussion of the progress made in reducing the 
        environmental risks and challenges described in subsection (a) 
        in each of the following areas:
                    (A) Acquisition strategy and contract management.
                    (B) Regulatory agreements.
                    (C) Interim storage and final disposal of high-
                level waste, spent nuclear fuel, transuranic waste, and 
                low-level waste.
                    (D) Closure and transfer of environmental 
                remediation sites.
                    (E) Achievements in innovation by contractors of 
                the Department with respect to accelerated risk 
                reduction and cleanup.
                    (F) Consolidation of special nuclear materials and 
                improvements in safeguards and security.
            (2) An assessment of the progress made in streamlining risk 
        reduction processes of the environmental management program of 
        the Department.
            (3) An assessment of the progress made in improving the 
        responsiveness and effectiveness of the environmental 
        management program of the Department.
            (4) 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.
            (5) 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.
            (6) An estimate of the life cycle cost of the environmental 
        management program, including the following:
                    (A) 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.
                    (B) 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.
                    (C) 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.
                    (D) 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).
    (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.
    (d) 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.
    (e) 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).

SEC. 3124. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF ENERGY 
              PROTECTIVE FORCE MANAGEMENT.

    (a) 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.
    (b) Contents.--The report shall include the following:
            (1) A description of the management and contractual 
        structure for protective forces at each Department of Energy 
        site with Category I nuclear materials.
            (2) 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.
            (3) 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.
            (4) 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.
            (5) 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.
            (6) 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.
    (c) Form.--The report shall be submitted in unclassified form, but 
may include a classified annex.

SEC. 3125. TECHNICAL AMENDMENTS.

    The Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is amended 
as follows:
            (1) The heading of section 4204A (50 U.S.C. 2524a) is 
        amended to read as follows:

``SEC. 4204A. RELIABLE REPLACEMENT WARHEAD PROGRAM.''.

            (2) The table of contents for that Act is amended by 
        inserting after the item relating to section 4204 the following 
        new item:

``Sec. 4204A. Reliable Replacement Warhead program.''.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. 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.).
                                                       Calendar No. 188

110th CONGRESS

  1st Session

                                S. 1550

_______________________________________________________________________

                                 A BILL

To authorize appropriations for fiscal year 2008 for defense activities 
          of the Department of Energy, and for other purposes.

_______________________________________________________________________

                              June 5, 2007

                 Read twice and placed on the calendar