[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3004 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 735
110th CONGRESS
  2d Session
                                S. 3004

To authorize appropriations for fiscal year 2009 for defense activities 
          of the Department of Energy, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 12, 2008

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 2009 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 2009''.

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 cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
   Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Modification of functions of Administrator for Nuclear 
                            Security to include elimination of surplus 
                            fissile materials usable for nuclear 
                            weapons.
Sec. 3112. Report on compliance with Design Basis Threat issued by the 
                            Department of Energy in 2005.
Sec. 3113. Modification of submittal of reports on inadvertent releases 
                            of restricted data.
Sec. 3114. Nonproliferation scholarship and fellowship program.
Sec. 3115. Review of and reports on Global Initiatives for 
                            Proliferation Prevention program.
          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.

 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 2009 for 
the activities of the National Nuclear Security Administration in 
carrying out programs necessary for national security in the amount of 
$9,641,892,000, to be allocated as follows:
            (1) For weapons activities, $6,610,701,000.
            (2) For defense nuclear nonproliferation activities, 
        including $538,782,000 for fissile materials disposition, 
        $1,799,056,000.
            (3) For naval reactors, $828,054,000.
            (4) For the Office of the Administrator for Nuclear 
        Security, $404,081,000.
    (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 09-D-404, Test Capabilities Revitalization 
                Phase 2, Sandia National Laboratory, Albuquerque, New 
                Mexico, $3,200,000.
                    Project 08-D-806, Ion Beam Laboratory Project, 
                Sandia National Laboratory, Albuquerque, New Mexico, 
                $10,014,000.
            (2) For naval reactors, the following new plant projects:
                    Project 09-D-902, Naval Reactors Facility 
                Production Support Complex, Naval Reactors Facility, 
                Idaho Falls, Idaho, $8,300,000.
                    Project 09-D-190, Project engineering and design, 
                Knolls Atomic Power Laboratory infrastructure upgrades, 
                Knolls Atomic Power Laboratory, Kesselring Site, 
                Schenectady, New York, $1,000,000.

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2009 for defense environmental cleanup 
activities in carrying out programs necessary for national security in 
the amount of $5,297,256,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2009 for other defense activities in carrying 
out programs necessary for national security in the amount of 
$826,453,000.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2009 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 
$197,371,000.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

SEC. 3111. MODIFICATION OF FUNCTIONS OF ADMINISTRATOR FOR NUCLEAR 
              SECURITY TO INCLUDE ELIMINATION OF SURPLUS FISSILE 
              MATERIALS USABLE FOR NUCLEAR WEAPONS.

    Section 3212(b)(1) of the National Nuclear Security Administration 
Act (50 U.S.C. 2402(b)(1)) is amended--
            (1) by redesignating paragraph (18) as paragraph (19); and
            (2) by inserting after paragraph (17) the following new 
        paragraph (18):
            ``(18) Eliminating inventories of surplus fissile materials 
        usable for nuclear weapons.''.

SEC. 3112. REPORT ON COMPLIANCE WITH DESIGN BASIS THREAT ISSUED BY THE 
              DEPARTMENT OF ENERGY IN 2005.

    (a) In General.--Not later than January 2, 2009, the Secretary of 
Energy shall submit to the congressional defense committees a report 
setting forth the status of the compliance of Department of Energy 
sites with the Design Basis Threat issued by the Department in November 
2005 (in this section referred to as the ``2005 Design Basis Threat'').
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) For each Department of Energy site subject to the 2005 
        Design Basis Threat, an assessment of whether the site has 
        achieved compliance with the 2005 Design Basis Threat.
            (2) For each such site that has not achieved compliance 
        with the 2005 Design Basis Threat--
                    (A) a description of the reasons for the failure to 
                achieve compliance;
                    (B) a plan to achieve compliance;
                    (C) a description of the actions that will be taken 
                to mitigate any security shortfalls until compliance is 
                achieved; and
                    (D) an estimate of the annual funding requirements 
                to achieve compliance.
            (3) A list of such sites with Category I nuclear materials 
        that the Secretary determines will not achieve compliance with 
        the 2005 Design Basis Threat.
            (4) For each site identified under paragraph (3), a plan to 
        remove all Category I nuclear materials from such site, 
        including--
                    (A) a schedule for the removal of such nuclear 
                materials from such site;
                    (B) a clear description of the actions that will be 
                taken to ensure the security of such nuclear materials; 
                and
                    (C) an estimate of the annual funding requirements 
                to remove such nuclear materials from such site.
            (5) An assessment of the adequacy of the 2005 Design Basis 
        Threat in addressing security threats at Department of Energy 
        sites, and a description of any plans for updating, modifying, 
        or otherwise revising the approach taken by the 2005 Design 
        Basis Threat to establish enhanced security requirements for 
        Department of Energy sites.

SEC. 3113. MODIFICATION OF SUBMITTAL OF REPORTS ON INADVERTENT RELEASES 
              OF RESTRICTED DATA.

    (a) In General.--Section 4522 of the Atomic Energy Defense Act (50 
U.S.C. 2672) is amended--
            (1) in subsection (e), by striking ``on a periodic basis'' 
        and inserting ``in each even-numbered year''; and
            (2) in subsection (f), by striking paragraph (2) and 
        inserting the following new paragraph (2):
    ``(2) The Secretary of Energy shall, in each even-numbered year 
beginning in 2010, submit to the committees and Assistant to the 
President specified in subsection (d) a report identifying any 
inadvertent releases of Restricted Data or Formerly Restricted Data 
under Executive Order No. 12958 discovered in the two-year period 
preceding the submittal of the report.''.
    (b) Technical Correction.--Subsection (e) of such section, as 
amended by subsection (a)(1) of this section, is further amended by 
striking ``subsection (b)(4)'' and inserting ``subsection (b)(5)''.

SEC. 3114. NONPROLIFERATION SCHOLARSHIP AND FELLOWSHIP PROGRAM.

    (a) Establishment.--The Administrator for Nuclear Security shall 
carry out a program to provide scholarships and fellowships for the 
purpose of enabling individuals to qualify for employment in the 
nonproliferation programs of the Department of Energy.
    (b) Eligible Individuals.--An individual shall be eligible for a 
scholarship or fellowship under the program established under this 
section if the individual--
            (1) is a citizen or national of the United States or an 
        alien lawfully admitted to the United States for permanent 
        residence;
            (2) has been accepted for enrollment or is currently 
        enrolled as a full-time student at an institution of higher 
        education (as defined in section 102(a) of the Higher Education 
        Act of 1965 (20 U.S.C. 1002(a));
            (3) is pursuing a program of education that leads to an 
        appropriate higher education degree in a qualifying field of 
        study, as determined by the Administrator;
            (4) enters into an agreement described in subsection (c); 
        and
            (5) meets such other requirements as the Administrator 
        prescribes.
    (c) Agreement.--An individual seeking a scholarship or fellowship 
under the program established under this section shall enter into an 
agreement, in writing, with the Administrator that includes the 
following:
            (1) The agreement of the Administrator to provide such 
        individual with a scholarship or fellowship in the form of 
        educational assistance for a specified number of school years 
        (not to exceed five school years) during which such individual 
        is pursuing a program of education in a qualifying field of 
        study, which educational assistance may include payment of 
        tuition, fees, books, laboratory expenses, and a stipend.
            (2) The agreement of such individual--
                    (A) to accept such educational assistance;
                    (B) to maintain enrollment and attendance in a 
                program of education described in subsection (b)(2) 
                until such individual completes such program;
                    (C) while enrolled in such program, to maintain 
                satisfactory academic progress in such program, as 
                determined by the institution of higher education in 
                which such individual is enrolled; and
                    (D) after completion of such program, to serve as a 
                full-time employee in a nonproliferation position in 
                the Department of Energy or at a laboratory of the 
                Department for a period of not less than 12 months for 
                each school year or part of a school year for which 
                such individual receives a scholarship or fellowship 
                under the program established under this section.
            (3) The agreement of such individual with respect to the 
        repayment requirements specified in subsection (d).
    (d) Repayment.--
            (1) In general.--An individual receiving a scholarship or 
        fellowship under the program established under this section 
        shall agree to pay to the United States the total amount of 
        educational assistance provided to such individual under such 
        program, plus interest at the rate prescribed by paragraph (4), 
        if such individual--
                    (A) does not complete the program of education 
                agreed to pursuant to subsection (c)(2)(B);
                    (B) completes such program of education but 
                declines to serve in a position in the Department of 
                Energy or at a laboratory of the Department as agreed 
                to pursuant to subsection (c)(2)(D); or
                    (C) is voluntarily separated from service or 
                involuntarily separated for cause from the Department 
                of Energy or a laboratory of the Department before the 
                end of the period for which such individual agreed to 
                continue in the service of the Department pursuant to 
                subsection (c)(2)(D).
            (2) Failure to repay.--If an individual who received a 
        scholarship or fellowship under the program established under 
        this section is required to repay, pursuant to an agreement 
        under paragraph (1), the total amount of educational assistance 
        provided to such individual under such program, plus interest 
        at the rate prescribed by paragraph (4), and fails repay such 
        amount, a sum equal to such amount (plus such interest) is 
        recoverable by the United States Government from such 
        individual or the estate of such individual by--
                    (A) in the case of an individual who is an employee 
                of the United States Government, setoff against accrued 
                pay, compensation, amount of retirement credit, or 
                other amount due the employee from the Government; or
                    (B) such other method as is provided by law for the 
                recovery of amounts owed to the Government.
            (3) Waiver of repayment.--The Administrator may waive, in 
        whole or in part, repayment by an individual under this 
        subsection if the Administrator determines that seeking 
        recovery under paragraph (2) would be against equity and good 
        conscience or would be contrary to the best interests of the 
        United States.
            (4) Rate of interest.--For purposes of repayment under this 
        subsection, the total amount of educational assistance provided 
        to an individual under the program established under this 
        section shall bear interest at the applicable rate of interest 
        under section 427A(c) of the Higher Education Act of 1965 (20 
        U.S.C. 1077a(c)).
    (e) Preference for Cooperative Education Students.--In evaluating 
individuals for the award of a scholarship or fellowship under the 
program established under this section, the Administrator may give a 
preference to an individual who is enrolled in, or accepted for 
enrollment in, an institution of higher education that has a 
cooperative education program with the Department of Energy.
    (f) Coordination of Benefits.--A scholarship or fellowship awarded 
under the program established under this section shall be taken into 
account in determining the eligibility of an individual receiving such 
scholarship or fellowship for Federal student financial assistance 
provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 
1070 et seq.).
    (g) Report to Congress.--Not later than January 1, 2010, the 
Administrator shall submit to the congressional defense committees a 
report on the activities carried out under the program established 
under this section, including any recommendations for future activities 
under such program.
    (h) Funding.--Of the amounts authorized to be appropriated by 
section 3101(a)(2) for defense nuclear nonproliferation activities, 
$3,000,000 shall be available to carry out the program established 
under this section.

SEC. 3115. REVIEW OF AND REPORTS ON GLOBAL INITIATIVES FOR 
              PROLIFERATION PREVENTION PROGRAM.

    (a) Review of Program.--
            (1) In general.--The Administrator for Nuclear Security 
        shall conduct a review of the Global Initiatives for 
        Proliferation Prevention program.
            (2) Report required.--Not later than February 1, 2009, the 
        Administrator shall submit to the congressional defense 
        committees a report setting forth the results of the review 
        required under paragraph (1). The report shall include the 
        following:
                    (A) A description of the goals of the Global 
                Initiatives for Proliferation Prevention program and 
                the criteria for partnership projects under the 
                program.
                    (B) Recommendations regarding the following:
                            (i) Whether to continue or bring to a close 
                        each of the partnership projects under the 
                        program in existence on the date of the 
                        enactment of this Act, and, if any such project 
                        is recommended to be continued, a description 
                        of how that project will meet the criteria 
                        under subparagraph (A).
                            (ii) Whether to enter into new partnership 
                        projects under the program with Russia or other 
                        countries of the former Soviet Union.
                            (iii) Whether to enter into new partnership 
                        projects under the program in countries other 
                        than countries of the former Soviet Union.
                    (C) A plan for completing partnership projects 
                under the program with the countries of the former 
                Soviet Union by 2012.
    (b) Report on Funding for Projects Under Program.--
            (1) In general.--The Administrator shall submit to the 
        congressional defense committees a report on--
                    (A) the purposes for which amounts made available 
                for the Global Initiatives for Proliferation Prevention 
                program for fiscal year 2009 will be obligated or 
                expended; and
                    (B) the amount to be obligated or expended for each 
                partnership project under the program in fiscal year 
                2009.
            (2) Limitation on funding before submittal of report.--None 
        of the amounts authorized to be appropriated for fiscal year 
        2009 by section 3101(a)(2) for defense nuclear nonproliferation 
        activities and available for the Global Initiatives for 
        Proliferation Prevention program may be obligated or expended 
        until the date that is 30 days after the date on which the 
        Administrator submits to the congressional defense committees 
        the report required under paragraph (1).
    (c) Limitation on Funding for Global Nuclear Energy Partnership.--
None of the amounts authorized to be appropriated for fiscal year 2009 
by section 3101(a)(2) for defense nuclear nonproliferation activities 
and available for the Global Initiatives for Proliferation Prevention 
program may be used for projects related to energy security that could 
promote the Global Nuclear Energy Partnership.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. AUTHORIZATION.

    There are authorized to be appropriated for fiscal year 2009, 
$28,968,574 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. 735

110th CONGRESS

  2d Session

                                S. 3004

_______________________________________________________________________

                                 A BILL

To authorize appropriations for fiscal year 2009 for defense activities 
          of the Department of Energy, and for other purposes.

_______________________________________________________________________

                              May 12, 2008

                 Read twice and placed on the calendar