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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2769 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                S. 2769

_______________________________________________________________________

                                 AN ACT

 
To authorize appropriations for fiscal year 2007 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. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Table of contents.
Sec. 2. 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

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
                       Subtitle B--Other Matters

Sec. 3111. Notice and wait requirement applicable to certain third 
                            party financing arrangements.
Sec. 3112. Utilization of international contributions to the Global 
                            Threat Reduction Initiative.
Sec. 3113. Utilization of international contributions to the Second 
                            Line of Defense Core Program.
Sec. 3114. Extension of Facilities and Infrastructure Recapitalization 
                            Program.
Sec. 3115. Two-year extension of authority for appointment of certain 
                            scientific, engineering, and technical 
                            personnel.
Sec. 3116. Extension of deadline for transfer of lands to Los Alamos 
                            County, New Mexico, and of lands in trust 
                            for the Pueblo of San Ildefonso.
Sec. 3117. Limitations on availability of funds for Waste Treatment and 
                            Immobilization Plant.
Sec. 3118. Limitation on availability of funds for implementation of 
                            the Russian Surplus Fissile Materials 
                            Disposition Program.
Sec. 3119. Limitation on availability of funds for construction of MOX 
                            Fuel Fabrication Facility.
Sec. 3120. Technical correction related to authorization of 
                            appropriations for fiscal year 2006.
Sec. 3121. Education of future nuclear engineers.
          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.
                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Transfer of government-furnished uranium stored at Sequoyah 
                            Fuels Corporation, Gore, Oklahoma.
                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Completion of equity finalization process for Naval 
                            Petroleum Reserve Numbered 1.

SEC. 2. 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

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 2007 for 
the activities of the National Nuclear Security Administration in 
carrying out programs necessary for national security in the amount of 
$9,333,311,000, to be allocated as follows:
            (1) For weapons activities, $6,455,389,000.
            (2) For defense nuclear nonproliferation activities, 
        $1,726,213,000.
            (3) For naval reactors, $795,133,000.
            (4) For the Office of the Administrator for Nuclear 
        Security, $356,576,000.
    (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 07-D-140, Readiness in Technical Base and 
                Facilities Program, project engineering and design, 
                various locations, $4,977,000.
                    Project 07-D-220, Radioactive liquid waste 
                treatment facility upgrade project, Los Alamos National 
                Laboratory, Los Alamos, New Mexico, $14,828,000.
            (2) For facilities and infrastructure recapitalization, the 
        following new plant project:
                    Project 07-D-253, Technical Area 1 heating systems 
                modernization, Sandia National Laboratories, 
                Albuquerque, New Mexico, $14,500,000.
            (3) For defense nuclear nonproliferation, the following new 
        plant project:
                    Project 07-SC-05, Physical Sciences Facility, 
                Pacific Northwest National Laboratory, Richland, 
                Washington, $4,220,000.
            (4) For naval reactors, the following new plant project:
                    Project 07-D-190, Materials Research Technology 
                Complex, project engineering and design, Bettis Atomic 
                Power Laboratory, West Mifflin, Pennsylvania, 
                $1,485,000.

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2007 for defense environmental cleanup 
activities in carrying out programs necessary for national security in 
the amount of $5,430,312,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2007 for other defense activities in carrying 
out programs necessary for national security in the amount of 
$624,530,000.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2007 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 
$333,080,000.

                       Subtitle B--Other Matters

SEC. 3111. NOTICE AND WAIT REQUIREMENT APPLICABLE TO CERTAIN THIRD 
              PARTY FINANCING ARRANGEMENTS.

    Subtitle A of title XLVIII of the Atomic Energy Defense Act (50 
U.S.C. 2781 et seq.) is amended by adding at the end the following new 
section:

``SEC. 4804. NOTICE AND WAIT REQUIREMENT APPLICABLE TO CERTAIN THIRD 
              PARTY FINANCING ARRANGEMENTS.

    ``(a) Notice and Wait Requirement.--The Secretary of Energy may not 
enter into an arrangement described in subsection (b) until 30 days 
after the date on which the Secretary notifies the congressional 
defense committees in writing of the proposed arrangement.
    ``(b) Covered Arrangements.--
            ``(1) In general.--Except as provided in paragraph (2), an 
        arrangement referred to in subsection (a) is any alternative 
        financing arrangement, third party financing arrangement, 
        public-private partnership, privatization arrangement, private 
        capital arrangement, or other financing arrangement that--
                    ``(A) is entered into in connection with a project 
                conducted using funds authorized to be appropriated to 
                the Department of Energy to carry out programs 
                necessary for national security; and
                    ``(B) involves a contractor or Federal agency 
                obtaining and charging to the Department of Energy as 
                an allowable cost under a contract the use of office 
                space, facilities, or other real property assets with a 
                value of at least $5,000,000.
            ``(2) Exception.--An arrangement referred to in subsection 
        (a) does not include an arrangement that--
                    ``(A) involves the Department of Energy or a 
                contractor acquiring or entering into a capital lease 
                for office space, facilities, or other real property 
                assets; or
                    ``(B) is entered into in connection with a capital 
                improvement project undertaken as part of an energy 
                savings performance contract under section 801 of the 
                National Energy Conservation Policy Act (42 U.S.C. 
                8287).''.

SEC. 3112. UTILIZATION OF INTERNATIONAL CONTRIBUTIONS TO THE GLOBAL 
              THREAT REDUCTION INITIATIVE.

    Section 3132 of the Ronald W. Reagan National Defense Authorization 
Act for Fiscal Year 2005 (Public Law 108-375; 50 U.S.C. 2569) is 
amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following new 
        subsection:
    ``(f) International Participation in Program.--(1) In order to 
achieve international participation in the program under subsection 
(b), the Secretary of Energy may, with the concurrence of the Secretary 
of State, enter into one or more agreements with any person, foreign 
government, or other international organization that the Secretary of 
Energy considers appropriate for the contribution of funds by such 
person, government, or organization for purposes of the programs 
described in paragraph (2)(B).
    ``(2)(A) Notwithstanding section 3302 of title 31, United States 
Code, and subject to paragraphs (3) and (4), the Secretary of Energy 
may retain and utilize for purposes of the programs described in 
subparagraph (B) any amounts contributed by a person, government, or 
organization under an agreement under paragraph (1) without further 
appropriation and without fiscal year limitation.
    ``(B) The programs described in this subparagraph are the following 
programs within the Global Threat Reduction Initiative:
            ``(i) The International Radiological Threat Reduction 
        program.
            ``(ii) The Emerging Threats and Gap Materials program.
            ``(iii) The Reduced Enrichment for Research and Test 
        Reactors program.
            ``(iv) The Russian Research Reactor Fuel Return program.
            ``(v) The Global Research Reactor Security program.
            ``(vi) The Kazakhstan Spent Fuel program.
    ``(3) The Secretary of Energy may not utilize under paragraph (2) 
any amount contributed under an agreement under paragraph (1) until 30 
days after the date on which the Secretary notifies the congressional 
defense committees of the intent to utilize such amount, including the 
source of such amount and the proposed purpose for which such amount 
will be utilized.
    ``(4) If any amount contributed under paragraph (1) has not been 
utilized within 5 years of such contribution, the Secretary of Energy 
shall return such amount to the person, government, or organization 
that contributed it.
    ``(5) Not later than 30 days after the receipt of any amount 
contributed under paragraph (1), the Secretary of Energy shall submit 
to the congressional defense committees a notice of the receipt of such 
amount.
    ``(6) Not later than October 31 of each year, the Secretary of 
Energy shall submit to the congressional defense committees a report on 
the receipt and utilization of amounts under this subsection during the 
preceding fiscal year. Each report for a fiscal year shall set forth--
            ``(A) a statement of any amounts received under this 
        subsection, including the source of each such amount; and
            ``(B) a statement of any amounts utilized under this 
        subsection, including the purposes for which such amounts were 
        utilized.
    ``(7) The authority of the Secretary of Energy to accept and 
utilize amounts under this subsection shall expire on December 31, 
2013.''.

SEC. 3113. UTILIZATION OF INTERNATIONAL CONTRIBUTIONS TO THE SECOND 
              LINE OF DEFENSE CORE PROGRAM.

    (a) International Contributions Authorized.--In order to achieve 
international participation in the Second Line of Defense Core Program 
administered by the National Nuclear Security Administration, the 
Secretary of Energy may, with the concurrence of the Secretary of 
State, enter into one or more agreements with any person, foreign 
government, or other international organization that the Secretary of 
Energy considers appropriate for the contribution of funds by such 
person, government, or organization for purposes of the program.
    (b) Utilization of Contributions.--Notwithstanding section 3302 of 
title 31, United States Code, and subject to subsections (c) and (d), 
the Secretary of Energy may retain and utilize for purposes of the 
program any amounts contributed by a person, government, or 
organization under an agreement under subsection (a) without further 
appropriation and without fiscal year limitation.
    (c) Notice and Wait Requirement.--The Secretary of Energy may not 
utilize under subsection (b) any amount contributed under an agreement 
under subsection (a) until 30 days after the date on which the 
Secretary notifies the congressional defense committees of the intent 
to utilize such amount, including the source of such amount and the 
proposed purpose for which such amount will be utilized.
    (d) Return of Unutilized Amounts.--If any amount contributed under 
subsection (a) has not been utilized within 5 years of such 
contribution, the Secretary of Energy shall return such amount to the 
person, government, or organization that contributed it.
    (e) Notification Requirement.--Not later than 30 days after the 
receipt of any amount contributed under subsection (a), the Secretary 
of Energy shall submit to the congressional defense committees a notice 
of the receipt of such amount.
    (f) Annual Report.--Not later than October 31 of each year, the 
Secretary of Energy shall submit to the congressional defense 
committees a report on the receipt and utilization of amounts under 
this subsection during the preceding fiscal year. Each report for a 
fiscal year shall set forth--
            (1) a statement of any amounts received under this section, 
        including the source of each such amount; and
            (2) a statement of any amounts utilized under this section, 
        including the purposes for which such amounts were utilized.
    (g) Termination.--The authority of the Secretary of Energy to 
accept and utilize amounts under this subsection shall expire on 
December 31, 2013.

SEC. 3114. EXTENSION OF FACILITIES AND INFRASTRUCTURE RECAPITALIZATION 
              PROGRAM.

    Section 3114 of the National Defense Authorization Act for Fiscal 
Year 2004 (Public Law 108-136; 50 U.S.C. 2453 note) is amended by 
striking ``2011'' both places it appears and inserting ``2013''.

SEC. 3115. TWO-YEAR EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN 
              SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.

    Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C. 
2701(c)(1)) is amended by striking ``September 30, 2006'' and inserting 
``September 30, 2008''.

SEC. 3116. EXTENSION OF DEADLINE FOR TRANSFER OF LANDS TO LOS ALAMOS 
              COUNTY, NEW MEXICO, AND OF LANDS IN TRUST FOR THE PUEBLO 
              OF SAN ILDEFONSO.

    Section 632 of the Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 
105-119; 111 Stat. 2523; 42 U.S.C. 2391 note) is amended--
            (1) in subsection (d)(2), by striking ``10 years after the 
        date of enactment of this Act'' and inserting ``November 26, 
        2012''; and
            (2) in subsection (g)(3)(B), by striking ``the end of the 
        10-year period beginning on the date of enactment of this Act'' 
        and inserting ``November 26, 2012''.

SEC. 3117. LIMITATIONS ON AVAILABILITY OF FUNDS FOR WASTE TREATMENT AND 
              IMMOBILIZATION PLANT.

    Of the amount authorized to be appropriated under section 3102 for 
defense environmental cleanup activities and available for the Waste 
Treatment and Immobilization Plant--
            (1) not more than 30 percent of such amount may be 
        obligated or expended until the date on which the Secretary of 
        Energy certifies to the congressional defense committees that 
        the Defense Contract Management Agency has certified the earned 
        value management system used to track and report costs of the 
        Waste Treatment and Immobilization Plant; and
            (2) not more than 60 percent of such amount may be 
        obligated or expended until the date on which the Secretary of 
        Energy certifies to the congressional defense committees that 
        the final seismic and ground motion criteria have been approved 
        by the Secretary and that the contracting officer of the Waste 
        Treatment and Immobilization Plant Project has formally 
        directed that the final criteria be used for the final design 
        of the Pretreatment Facility and the High-Level Waste Facility 
        of the Waste Treatment and Immobilization Plant.

SEC. 3118. LIMITATION ON AVAILABILITY OF FUNDS FOR IMPLEMENTATION OF 
              THE RUSSIAN SURPLUS FISSILE MATERIALS DISPOSITION 
              PROGRAM.

    (a) Limitation.--(1) Except as provided in subsection (b), none of 
the amount authorized to be appropriated under section 3101(a)(2) for 
defense nuclear nonproliferation activities may be obligated for the 
implementation of the Russian Surplus Fissile Materials Disposition 
Program (in this section referred to as the ``Program'') until 30 days 
after the date on which the Secretary of Energy provides to the 
congressional defense committees written recommendations regarding 
whether and in what manner the Program should proceed.
    (2) The recommendations submitted under paragraph (1) shall 
include--
            (A) a description of the disposition method the Government 
        of Russia has agreed to use;
            (B) a description of the assistance the United States 
        Government plans to provide under the Program;
            (C) an estimate of the total cost and schedule of such 
        assistance;
            (D) an explanation of how parallelism is to be defined for 
        purposes of the Program and whether such parallelism can be 
        achieved if the United States mixed-oxide (MOX) plutonium 
        disposition program continues on the current planned schedule 
        without further delays.
    (b) Exception.--The limitation under subsection (a) does not apply 
to the obligation of funds to continue research and development 
associated with the Gas Turbine-Modular Helium Reactor (GT-MHR).

SEC. 3119. LIMITATION ON AVAILABILITY OF FUNDS FOR CONSTRUCTION OF MOX 
              FUEL FABRICATION FACILITY.

    None of the amount authorized to be appropriated under section 
3101(a)(2) for defense nuclear nonproliferation activities may be 
obligated for construction project 99-D-143, the Mixed-Oxide (MOX) Fuel 
Fabrication Facility, until 30 days after the date on which the 
Secretary of Energy provides to the congressional defense committees--
            (1) an independent cost estimate for the United States 
        Surplus Fissile Materials Disposition Program and facilities; 
        and
            (2) a written certification that the Department of Energy 
        intends to use the MOX Fuel Fabrication Facility for United 
        States plutonium disposition regardless of the future direction 
        of the Russian Surplus Fissile Materials Disposition Program.

SEC. 3120. TECHNICAL CORRECTION RELATED TO AUTHORIZATION OF 
              APPROPRIATIONS FOR FISCAL YEAR 2006.

    Effective as of January 6, 2006, and as if included therein as 
enacted, section 3101(a) of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3537) is amended by 
striking ``$9,196,456'' and inserting ``$9,196,456,000''.

SEC. 3121. EDUCATION OF FUTURE NUCLEAR ENGINEERS.

    (a) Findings.--Congress makes the following findings:
            (1) The Department of Defense and the United States depend 
        on the specialized expertise of nuclear engineers who support 
        the development and sustainment of technologies including naval 
        reactors, strategic weapons, and nuclear power plants.
            (2) Experts estimate that over 25 percent of the 
        approximately 58,000 workers in the nuclear power industry in 
        the United States will be eligible to retire within 5 years, 
        representing both a huge loss of institutional memory and a 
        potential national security crisis.
            (3) This shortfall of workers is exacerbated by reductions 
        to the University Reactor Infrastructure and Education 
        Assistance program, which trains civilian nuclear scientists 
        and engineers. The defense and civilian nuclear industries are 
        interdependent on a limited number of educational institutions 
        to produce their workforce. A reduction in nuclear scientists 
        and engineers trained in the civilian sector may result in a 
        further loss of qualified personnel for defense-related 
        research and engineering.
            (4) The Department of Defense's successful Science, Math 
        and Research for Transformation (SMART) scholarship-for-service 
        program serves as a good model for a targeted scholarship or 
        fellowship program designed to educate future scientists at the 
        postsecondary and postgraduate levels.
    (b) Report on Education of Future Nuclear Engineers.--
            (1) Study.--The Secretary of Energy shall study the 
        feasibility and merit of establishing a targeted scholarship or 
        fellowship program to educate future nuclear engineers at the 
        postsecondary and postgraduate levels.
            (2) Report required.--The President shall submit to the 
        congressional defense committees, together with the budget 
        request submitted for fiscal year 2008, a report on the study 
        conducted by the Secretary of Energy under paragraph (1).

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. AUTHORIZATION.

    There are authorized to be appropriated for fiscal year 2007, 
$22,260,000 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.).

                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

SEC. 3301. TRANSFER OF GOVERNMENT-FURNISHED URANIUM STORED AT SEQUOYAH 
              FUELS CORPORATION, GORE, OKLAHOMA.

    (a) Transport and Disposal.--Not later than March 31, 2007, the 
Secretary of the Army shall, subject to subsection (c), transport to an 
authorized disposal facility for appropriate disposal all of the 
Federal Government-furnished uranium in the chemical and physical form 
in which it is stored at the Sequoyah Fuels Corporation site in Gore, 
Oklahoma.
    (b) Source of Funds.--Funds authorized to be appropriated by 
section 301(1) for the Army for operation and maintenance may be used 
for the transport and disposal required under subsection (a).
    (c) Liability.--The Secretary may only transport uranium under 
subsection (a) after receiving from Sequoyah Fuels Corporation a 
written agreement satisfactory to the Secretary that provides that--
            (1) the United States assumes no liability, legal or 
        otherwise, of Sequoyah Fuels Corporation by transporting such 
        uranium; and
            (2) the Sequoyah Fuels Corporation waives any and all 
        claims it may have against the United States related to the 
        transported uranium.

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

SEC. 3401. COMPLETION OF EQUITY FINALIZATION PROCESS FOR NAVAL 
              PETROLEUM RESERVE NUMBERED 1.

    Section 3412(g) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 7420 note) is amended--
            (1) by inserting ``(1)'' after ``(g)''; and
            (2) by adding at the end the following new paragraph:
    ``(2)(A) In light of the unique role that the independent petroleum 
engineer who is retained pursuant to paragraph (b)(2) performs in the 
process of finalizing equity interests, and the importance to the 
United States taxpayer of timely completion of the equity finalization 
process, the independent petroleum engineer's `Shallow Oil Zone 
Provisional Recommendation of Equity Participation,' which was 
presented to the equity finalization teams for the Department of Energy 
and Chevron U.S.A. Inc. on October 1 and 2, 2002, shall become the 
final equity recommendation of the independent petroleum engineer, as 
that term is used in the Protocol on NPR-1 Equity Finalization 
Implementation Process, July 8, 1996, for the Shallow Oil Zone unless 
the Department of Energy and Chevron U.S.A. Inc. agree in writing not 
later than 60 days after the date of the enactment of this paragraph 
that the independent petroleum engineer shall not be liable to either 
party for any cost or expense incurred or for any loss or damage 
sustained--
            ``(i) as a result of the manner in which services are 
        performed by the independent petroleum engineer in accordance 
        with its contract with the Department of Energy to support the 
        equity determination process;
            ``(ii) as a result of the failure of the independent 
        petroleum engineer in good faith to perform any service or make 
        any determination or computation, unless caused by its gross 
        negligence; or
            ``(iii) as a result of the reliance by either party on any 
        computation, determination, estimate or evaluation made by the 
        independent petroleum engineer unless caused by the its gross 
        negligence or willful misconduct.
    ``(B) If Chevron U.S.A. Inc. agrees in writing not later than 60 
days after the date of the enactment of this paragraph that the 
independent petroleum engineer shall not be liable to Chevron U.S.A. 
Inc. or the Department of Energy for any cost or expense incurred or 
for any loss or damage described in clauses (i) through (iii) of 
subparagraph (A), the Department of Energy shall agree to the same not 
later than such date.''.

            Passed the Senate June 22, 2006.

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                                S. 2769

_______________________________________________________________________

                                 AN ACT

To authorize appropriations for fiscal year 2007 for defense activities 
          of the Department of Energy, and for other purposes.
```