II 

Calendar No. 429 

109TH CONGRESS 

2D SESSION S. 2769 

To authorize appropriations for fiscal year 2007 for defense activities of 

the Department of Energy, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 9, 2006 

Mr. WARNER, 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 2007 for defense 

activities of the Department of Energy, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of Energy 

5 National Security Act for Fiscal Year 2007’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 


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Sec. 3. Congressional defense committees. 

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. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED. 

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ has the meaning given that term in sec4 tion 101(a)(16) of title 10, United States Code. 


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1 TITLE XXXI—DEPARTMENT OF 

2 ENERGY NATIONAL SECURITY 

3 PROGRAMS 

4 Subtitle A—National Security 

5 Programs 

6 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA7 TION. 

8 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

9 are hereby authorized to be appropriated to the Depart10 ment of Energy for fiscal year 2007 for the activities of 

11 the National Nuclear Security Administration in carrying 

12 out programs necessary for national security in the 

13 amount of $9,333,311,000, to be allocated as follows: 

14 (1) For weapons activities, $6,455,389,000. 

15 (2) For defense nuclear nonproliferation activi16 ties, $1,726,213,000. 

17 (3) For naval reactors, $795,133,000. 

18 (4) For the Office of the Administrator for Nu19 clear Security, $356,576,000. 

20 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

21 From funds referred to in subsection (a) that are available 

22 for carrying out plant projects, the Secretary of Energy 

23 may carry out new plant projects for the National Nuclear 

24 Security Administration as follows: 


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1 (1) For readiness in technical base and facili2 ties, the following new plant projects: 

3 Project 07–D–140, Readiness in Technical 

4 Base and Facilities Program, project engineer5 ing and design, various locations, $4,977,000. 

6 Project 07–D–220, Radioactive liquid 

7 waste treatment facility upgrade project, Los 

8 Alamos National Laboratory, Los Alamos, New 

9 Mexico, $14,828,000. 

10 (2) For facilities and infrastructure recapital11 ization, the following new plant project: 

12 Project 07–D–253, Technical Area 1 heat13 ing systems modernization, Sandia National 

14 Laboratories, Albuquerque, New Mexico, 

15 $14,500,000. 

16 (3) For defense nuclear nonproliferation, the 

17 following new plant project: 

18 Project 07–SC–05, Physical Sciences Fa19 cility, Pacific Northwest National Laboratory, 

20 Richland, Washington, $4,220,000. 

21 (4) For naval reactors, the following new plant 

22 project: 

23 Project 07–D–190, Materials Research 

24 Technology Complex, project engineering and 


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1 design, Bettis Atomic Power Laboratory, West 

2 Mifflin, Pennsylvania, $1,485,000. 

3 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

4 Funds are hereby authorized to be appropriated to 

5 the Department of Energy for fiscal year 2007 for defense 

6 environmental cleanup activities in carrying out programs 

7 necessary for national security in the amount of 

8 $5,430,312,000. 

9 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

10 Funds are hereby authorized to be appropriated to 

11 the Department of Energy for fiscal year 2007 for other 

12 defense activities in carrying out programs necessary for 

13 national security in the amount of $624,530,000. 

14 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 

15 Funds are hereby authorized to be appropriated to 

16 the Department of Energy for fiscal year 2007 for defense 

17 nuclear waste disposal for payment to the Nuclear Waste 

18 Fund established in section 302(c) of the Nuclear Waste 

19 Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount 

20 of $333,080,000. 


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1 Subtitle B—Other Matters 

2 SEC. 3111. NOTICE AND WAIT REQUIREMENT APPLICABLE 

3 TO CERTAIN THIRD PARTY FINANCING AR4 RANGEMENTS. 

5 Subtitle A of title XLVIII of the Atomic Energy De6 fense Act (50 U.S.C. 2781 et seq.) is amended by adding 

7 at the end the following new section: 

8 ‘‘SEC. 4804. NOTICE AND WAIT REQUIREMENT APPLICABLE 

9 TO CERTAIN THIRD PARTY FINANCING AR10 RANGEMENTS. 

11 ‘‘(a) NOTICE AND WAIT REQUIREMENT.—The Sec12 retary of Energy may not enter into an arrangement de13 scribed in subsection (b) until 30 days after the date on 

14 which the Secretary notifies the congressional defense 

15 committees in writing of the proposed arrangement. 

16 ‘‘(b) COVERED ARRANGEMENTS.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), an arrangement referred to in subsection 

19 (a) is any alternative financing arrangement, third 

20 party financing arrangement, public-private partner21 ship, privatization arrangement, private capital ar22 rangement, or other financing arrangement that— 

23 ‘‘(A) is entered into in connection with a 

24 project conducted using funds authorized to be 

25 appropriated to the Department of Energy to 


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1 carry out programs necessary for national secu2 rity; and 

3 ‘‘(B) involves a contractor or Federal 

4 agency obtaining and charging to the Depart5 ment of Energy as an allowable cost under a 

6 contract the use of office space, facilities, or 

7 other real property assets with a value of at 

8 least $5,000,000. 

9 ‘‘(2) EXCEPTION.—An arrangement referred to 

10 in subsection (a) does not include an arrangement 

11 that— 

12 ‘‘(A) involves the Department of Energy or 

13 a contractor acquiring or entering into a capital 

14 lease for office space, facilities, or other real 

15 property assets; or 

16 ‘‘(B) is entered into in connection with a 

17 capital improvement project undertaken as part 

18 of an energy savings performance contract 

19 under section 801 of the National Energy Con20 servation Policy Act (42 U.S.C. 8287).’’. 


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1 SEC. 3112. UTILIZATION OF INTERNATIONAL CONTRIBU2 TIONS TO THE GLOBAL THREAT REDUCTION 

3 INITIATIVE. 

4 Section 3132 of the Ronald W. Reagan National De5 fense Authorization Act for Fiscal Year 2005 (Public Law 

6 108–375; 50 U.S.C. 2569) is amended— 

7 (1) by redesignating subsection (f) as sub8 section (g); and 

9 (2) by inserting after subsection (e) the fol10 lowing new subsection: 

11 ‘‘(f) INTERNATIONAL PARTICIPATION IN PRO12 GRAM.—(1) In order to achieve international participation 

13 in the program under subsection (b), the Secretary of En14 ergy may, with the concurrence of the Secretary of State, 

15 enter into one or more agreements with any person, for16 eign government, or other international organization that 

17 the Secretary of Energy considers appropriate for the con18 tribution of funds by such person, government, or organi19 zation for purposes of the programs described in para20 graph (2)(B). 

21 ‘‘(2)(A) Notwithstanding section 3302 of title 31, 

22 United States Code, and subject to paragraphs (3) and 

23 (4), the Secretary of Energy may retain and utilize for 

24 purposes of the programs described in subparagraph (B) 

25 any amounts contributed by a person, government, or or26 ganization under an agreement under paragraph (1) withVerDate Aug 31 2005 04:36 May 10, 2006 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2769.PCS S2769

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1 out further appropriation and without fiscal year limita2 tion. 

3 ‘‘(B) The programs described in this subparagraph 

4 are the following programs within the Global Threat Re5 duction Initiative: 

6 ‘‘(i) The International Radiological Threat Re7 duction program. 

8 ‘‘(ii) The Emerging Threats and Gap Materials 

9 program. 

10 ‘‘(iii) The Reduced Enrichment for Research 

11 and Test Reactors program. 

12 ‘‘(iv) The Russian Research Reactor Fuel Re13 turn program. 

14 ‘‘(v) The Global Research Reactor Security pro15 gram. 

16 ‘‘(vi) The Kazakhstan Spent Fuel program. 

17 ‘‘(3) The Secretary of Energy may not utilize under 

18 paragraph (2) any amount contributed under an agree19 ment under paragraph (1) until 30 days after the date 

20 on which the Secretary notifies the congressional defense 

21 committees of the intent to utilize such amount, including 

22 the source of such amount and the proposed purpose for 

23 which such amount will be utilized. 

24 ‘‘(4) If any amount contributed under paragraph (1) 

25 has not been utilized within 5 years of such contribution, 


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1 the Secretary of Energy shall return such amount to the 

2 person, government, or organization that contributed it. 

3 ‘‘(5) Not later than 30 days after the receipt of any 

4 amount contributed under paragraph (1), the Secretary 

5 of Energy shall submit to the congressional defense com6 mittees a notice of the receipt of such amount. 

7 ‘‘(6) Not later than October 31 of each year, the Sec8 retary of Energy shall submit to the congressional defense 

9 committees a report on the receipt and utilization of 

10 amounts under this subsection during the preceding fiscal 

11 year. Each report for a fiscal year shall set forth— 

12 ‘‘(A) a statement of any amounts received 

13 under this subsection, including the source of each 

14 such amount; and 

15 ‘‘(B) a statement of any amounts utilized under 

16 this subsection, including the purposes for which 

17 such amounts were utilized. 

18 ‘‘(7) The authority of the Secretary of Energy to ac19 cept and utilize amounts under this subsection shall expire 

20 on December 31, 2013.’’. 

21 SEC. 3113. UTILIZATION OF INTERNATIONAL CONTRIBU22 TIONS TO THE SECOND LINE OF DEFENSE 

23 CORE PROGRAM. 

24 (a) INTERNATIONAL CONTRIBUTIONS AUTHOR25 IZED.—In order to achieve international participation in 


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1 the Second Line of Defense Core Program administered 

2 by the National Nuclear Security Administration, the Sec3 retary of Energy may, with the concurrence of the Sec4 retary of State, enter into one or more agreements with 

5 any person, foreign government, or other international or6 ganization that the Secretary of Energy considers appro7 priate for the contribution of funds by such person, gov8 ernment, or organization for purposes of the program. 

9 (b) UTILIZATION OF CONTRIBUTIONS.—Notwith10 standing section 3302 of title 31, United States Code, and 

11 subject to subsections (c) and (d), the Secretary of Energy 

12 may retain and utilize for purposes of the program any 

13 amounts contributed by a person, government, or organi14 zation under an agreement under subsection (a) without 

15 further appropriation and without fiscal year limitation. 

16 (c) NOTICE AND WAIT REQUIREMENT.—The Sec17 retary of Energy may not utilize under subsection (b) any 

18 amount contributed under an agreement under subsection 

19 (a) until 30 days after the date on which the Secretary 

20 notifies the congressional defense committees of the intent 

21 to utilize such amount, including the source of such 

22 amount and the proposed purpose for which such amount 

23 will be utilized. 

24 (d) RETURN OF UNUTILIZED AMOUNTS.—If any 

25 amount contributed under subsection (a) has not been utiVerDate Aug 31 2005 04:36 May 10, 2006 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2769.PCS S2769

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1 lized within 5 years of such contribution, the Secretary 

2 of Energy shall return such amount to the person, govern3 ment, or organization that contributed it. 

4 (e) NOTIFICATION REQUIREMENT.—Not later than 

5 30 days after the receipt of any amount contributed under 

6 subsection (a), the Secretary of Energy shall submit to 

7 the congressional defense committees a notice of the re8 ceipt of such amount. 

9 (f) ANNUAL REPORT.—Not later than October 31 of 

10 each year, the Secretary of Energy shall submit to the con11 gressional defense committees a report on the receipt and 

12 utilization of amounts under this subsection during the 

13 preceding fiscal year. Each report for a fiscal year shall 

14 set forth— 

15 (1) a statement of any amounts received under 

16 this section, including the source of each such 

17 amount; and 

18 (2) a statement of any amounts utilized under 

19 this section, including the purposes for which such 

20 amounts were utilized. 

21 (g) TERMINATION.—The authority of the Secretary 

22 of Energy to accept and utilize amounts under this sub23 section shall expire on December 31, 2013. 


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1 SEC. 3114. EXTENSION OF FACILITIES AND INFRASTRUC2 TURE RECAPITALIZATION PROGRAM. 

3 Section 3114 of the National Defense Authorization 

4 Act for Fiscal Year 2004 (Public Law 108–136; 50 U.S.C. 

5 2453 note) is amended by striking ‘‘2011’’ both places it 

6 appears and inserting ‘‘2013’’. 

7 SEC. 3115. TWO-YEAR EXTENSION OF AUTHORITY FOR AP8 POINTMENT OF CERTAIN SCIENTIFIC, ENGI9 NEERING, AND TECHNICAL PERSONNEL. 

10 Section 4601(c)(1) of the Atomic Energy Defense Act 

11 (50 U.S.C. 2701(c)(1)) is amended by striking ‘‘Sep12 tember 30, 2006’’ and inserting ‘‘September 30, 2008’’. 

13 SEC. 3116. EXTENSION OF DEADLINE FOR TRANSFER OF 

14 LANDS TO LOS ALAMOS COUNTY, NEW MEX15 ICO, AND OF LANDS IN TRUST FOR THE PUEB16 LO OF SAN ILDEFONSO. 

17 Section 632 of the Departments of Commerce, Jus18 tice, and State, the Judiciary, and Related Agencies Ap19 propriations Act, 1998 (Public Law 105–119; 111 Stat. 

20 2523; 42 U.S.C. 2391 note) is amended— 

21 (1) in subsection (d)(2), by striking ‘‘10 years 

22 after the date of enactment of this Act’’ and insert23 ing ‘‘November 26, 2012’’; and 

24 (2) in subsection (g)(3)(B), by striking ‘‘the 

25 end of the 10-year period beginning on the date of 


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1 enactment of this Act’’ and inserting ‘‘November 26, 

2 2012’’. 

3 SEC. 3117. LIMITATIONS ON AVAILABILITY OF FUNDS FOR 

4 WASTE TREATMENT AND IMMOBILIZATION 

5 PLANT. 

6 Of the amount authorized to be appropriated under 

7 section 3102 for defense environmental cleanup activities 

8 and available for the Waste Treatment and Immobilization 

9 Plant— 

10 (1) not more than 30 percent of such amount 

11 may be obligated or expended until the date on 

12 which the Secretary of Energy certifies to the con13 gressional defense committees that the Defense Con14 tract Management Agency has certified the earned 

15 value management system used to track and report 

16 costs of the Waste Treatment and Immobilization 

17 Plant; and 

18 (2) not more than 60 percent of such amount 

19 may be obligated or expended until the date on 

20 which the Secretary of Energy certifies to the con21 gressional defense committees that the final seismic 

22 and ground motion criteria have been approved by 

23 the Secretary and that the contracting officer of the 

24 Waste Treatment and Immobilization Plant Project 

25 has formally directed that the final criteria be used 


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1 for the final design of the Pretreatment Facility and 

2 the High-Level Waste Facility of the Waste Treat3 ment and Immobilization Plant. 

4 SEC. 3118. LIMITATION ON AVAILABILITY OF FUNDS FOR 

5 IMPLEMENTATION OF THE RUSSIAN SUR6 PLUS FISSILE MATERIALS DISPOSITION PRO7 GRAM. 

8 (a) LIMITATION.—(1) Except as provided in sub9 section (b), none of the amount authorized to be appro10 priated under section 3101(a)(2) for defense nuclear non11 proliferation activities may be obligated for the implemen12 tation of the Russian Surplus Fissile Materials Disposition 

13 Program (in this section referred to as the ‘‘Program’’) 

14 until 30 days after the date on which the Secretary of 

15 Energy provides to the congressional defense committees 

16 written recommendations regarding whether and in what 

17 manner the Program should proceed. 

18 (2) The recommendations submitted under para19 graph (1) shall include— 

20 (A) a description of the disposition method the 

21 Government of Russia has agreed to use; 

22 (B) a description of the assistance the United 

23 States Government plans to provide under the Pro24 gram; 


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1 (C) an estimate of the total cost and schedule 

2 of such assistance; 

3 (D) an explanation of how parallelism is to be 

4 defined for purposes of the Program and whether 

5 such parallelism can be achieved if the United States 

6 mixed-oxide (MOX) plutonium disposition program 

7 continues on the current planned schedule without 

8 further delays. 

9 (b) EXCEPTION.—The limitation under subsection 

10 (a) does not apply to the obligation of funds to continue 

11 research and development associated with the Gas Tur12 bine-Modular Helium Reactor (GT–MHR). 

13 SEC. 3119. LIMITATION ON AVAILABILITY OF FUNDS FOR 

14 CONSTRUCTION OF MOX FUEL FABRICATION 

15 FACILITY. 

16 None of the amount authorized to be appropriated 

17 under section 3101(a)(2) for defense nuclear nonprolifera18 tion activities may be obligated for construction project 

19 99–D–143, the Mixed-Oxide (MOX) Fuel Fabrication Fa20 cility, until 30 days after the date on which the Secretary 

21 of Energy provides to the congressional defense commit22 tees— 

23 (1) an independent cost estimate for the United 

24 States Surplus Fissile Materials Disposition Pro25 gram and facilities; and 


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1 (2) a written certification that the Department 

2 of Energy intends to use the MOX Fuel Fabrication 

3 Facility for United States plutonium disposition re4 gardless of the future direction of the Russian Sur5 plus Fissile Materials Disposition Program. 

6 SEC. 3120. TECHNICAL CORRECTION RELATED TO AUTHOR7 IZATION OF APPROPRIATIONS FOR FISCAL 

8 YEAR 2006. 

9 Effective as of January 6, 2006, and as if included 

10 therein as enacted, section 3101(a) of the National De11 fense Authorization Act for Fiscal Year 2006 (Public Law 

12 109–163; 119 Stat. 3537) is amended by striking 

13 ‘‘$9,196,456’’ and inserting ‘‘$9,196,456,000’’. 

14 TITLE XXXII—DEFENSE NU15 CLEAR FACILITIES SAFETY 

16 BOARD 

17 SEC. 3201. AUTHORIZATION. 

18 There are authorized to be appropriated for fiscal 

19 year 2007, $22,260,000 for the operation of the Defense 

20 Nuclear Facilities Safety Board under chapter 21 of the 

21 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 


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Calendar No. 429 

109TH CONGRESS 

2D SESSION S. 2769 

A BILL 

To authorize appropriations for fiscal year 2007 for 

and for other purposes. defense activities of the Department of Energy, 

MAY 9, 2006 

Read twice and placed on the calendar 


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