[Congressional Record Volume 154, Number 149 (Thursday, September 18, 2008)]
[Senate]
[Pages S9163-S9164]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    DEPARTMENT OF ENERGY NATIONAL SECURITY ACT FOR FISCAL YEAR 2009

  On Wednesday, September 17, 2008, the Senate passed S. 3004, as 
amended, as follows:

                                S. 3004

       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

[[Page S9164]]

     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.).

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