S 3004
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. 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).
(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.
(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
END
