II 

Calendar No. 188 

110TH CONGRESS 

1ST SESSION S. 1550 

To authorize appropriations for fiscal year 2008 for defense activities of 

the Department of Energy, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 5, 2007 

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 2008 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 2008’’. 

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 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. Reliable Replacement Warhead program. 

Sec. 3112. Limitation on availability of funds for Fissile Materials Disposition 

program. 

Sec. 3113. Modification of limitations on availability of funds for Waste Treatment and Immobilization Plant. 

Subtitle C—Other Matters 

Sec. 3121. Nuclear test readiness. 

Sec. 3122. Sense of Congress on the nuclear nonproliferation policy of the 

United States and the Reliable Replacement Warhead program. 

Sec. 3123. Report on status of environmental management initiatives to accelerate the reduction of environmental risks and challenges posed 

by the legacy of the Cold War. 

Sec. 3124. Comptroller General report on Department of Energy protective 

force management. 

Sec. 3125. Technical amendments. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

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 Authorizations 

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 2008 for the activities of 

11 the National Nuclear Security Administration in carrying 

12 out programs necessary for national security in the 

13 amount of $9,539,693,000, to be allocated as follows: 

14 (1) For weapons activities, $6,472,172,000. 

15 (2) For defense nuclear nonproliferation activi16 ties, $1,809,646,000. 

17 (3) For naval reactors, $808,219,000. 

18 (4) For the Office of the Administrator for Nu19 clear Security, $399,656,000. 

20 (5) For the International Atomic Energy Agen21 cy Nuclear Fuel Bank, $50,000,000. 

22 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

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

24 for carrying out plant projects, the Secretary of Energy 

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1 may carry out new plant projects for the National Nuclear 

2 Security Administration as follows: 

3 (1) For readiness in technical base and facili4 ties, the following new plant projects: 

5 Project 08–D–801, High pressure fire 

6 loop, Pantex Plant, Amarillo, Texas, 

7 $7,000,000. 

8 Project 08–D–802, High explosive pressing 

9 facility, Pantex Plant, Amarillo, Texas, 

10 $25,300,000. 

11 Project 08–D–804, Technical Area 55 re12 investment project, Los Alamos National Lab13 oratory, Los Alamos, New Mexico, $6,000,000. 

14 (2) For facilities and infrastructure recapital15 ization, the following new plant projects: 

16 Project 08–D–601, Mercury highway, Ne17 vada Test Site, Nevada, $7,800,000. 

18 Project 08–D–602, Potable water system 

19 upgrades, Y–12 Plant, Oak Ridge, Tennessee, 

20 $22,500,000. 

21 (3) For safeguards and security, the following 

22 new plant project: 

23 Project 08–D–701, Nuclear materials safe24 guards and security upgrade, Los Alamos Namstockstill on PROD1PC66 with BILLS

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1 tional Laboratory, Los Alamos, New Mexico, 

2 $49,496,000. 

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

4 projects: 

5 Project 08–D–901, Shipping and receiving 

6 and warehouse complex, Bettis Atomic Power 

7 Laboratory, West Mifflin, Pennsylvania, 

8 $9,000,000. 

9 Project 08–D–190, Project engineering 

10 and design, Expended Core Facility M–290 Re11 covering Discharge Station, Naval Reactors Fa12 cility, Idaho Falls, Idaho, $550,000. 

13 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

14 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

15 are hereby authorized to be appropriated to the Depart16 ment of Energy for fiscal year 2008 for defense environ17 mental cleanup activities in carrying out programs nec18 essary for national security in the amount of 

19 $5,410,905,000. 

20 (b) AUTHORIZATION FOR NEW PLANT PROJECT.— 

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, for defense environmental cleanup activi24 ties, the following new plant project: 

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1 Project 08–D–414, Project engineering and de2 sign, Plutonium Vitrification Facility, various loca3 tions, $15,000,000. 

4 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

5 Funds are hereby authorized to be appropriated to 

6 the Department of Energy for fiscal year 2008 for other 

7 defense activities in carrying out programs necessary for 

8 national security in the amount of $663,074,000. 

9 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 

10 Funds are hereby authorized to be appropriated to 

11 the Department of Energy for fiscal year 2008 for defense 

12 nuclear waste disposal for payment to the Nuclear Waste 

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

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

15 of $242,046,000. 

16 Subtitle B—Program Authoriza17 tions, Restrictions, and Limita18 tions 

19 SEC. 3111. RELIABLE REPLACEMENT WARHEAD PROGRAM. 

20 (a) LIMITATION ON AVAILABILITY OF FUNDS.—Of 

21 the amount authorized to be appropriated under section 

22 3101(a)(1) for weapons activities for fiscal year 2008, not 

23 more than $195,069,000 may be obligated or expended for 

24 the Reliable Replacement Warhead program under section 

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1 4204a of the Atomic Energy Defense Act (50 U.S.C. 

2 2524a). 

3 (b) PROHIBITION ON AVAILABILITY OF FUNDS FOR

4 CERTAIN ACTIVITIES.—No funds referred to in subsection 

5 (a) may be obligated or expended for activities under the 

6 Reliable Replacement Warhead program beyond phase 2A 

7 activities. 

8 SEC. 3112. LIMITATION ON AVAILABILITY OF FUNDS FOR 

9 FISSILE MATERIALS DISPOSITION PROGRAM. 

10 (a) LIMITATION PENDING REPORT ON USE OF PRIOR

11 FISCAL YEAR FUNDS.—No fiscal year 2008 Fissile Mate12 rials Disposition program funds may be obligated or ex13 pended for the Fissile Materials Disposition program until 

14 the Secretary of Energy, in consultation with the Adminis15 trator for Nuclear Security, submits to the congressional 

16 defense committees a report setting forth a plan for obli17 gating and expending funds made available for that pro18 gram in fiscal years before fiscal year 2008 that remain 

19 available for obligation or expenditure as of October 1, 

20 2007. 

21 (b) LIMITATION PENDING CERTIFICATION ON USE

22 OF CURRENT FISCAL YEAR FUNDS.— 

23 (1) IN GENERAL.—Within fiscal year 2008 

24 Fissile Materials Disposition program funds, the ag25 gregate amount that may be obligated for the Fissile 

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1 Materials Disposition program may not exceed such 

2 amount as the Secretary, in consultation with the 

3 Administrator, certifies to the congressional defense 

4 committees will be obligated for that program in fis5 cal years 2008 and 2009. 

6 (2) AVAILABILITY OF UNUTILIZED FUNDS AB7 SENT CERTIFICATION.—If the Secretary does not 

8 make a certification under paragraph (1), fiscal year 

9 2008 Fissile Materials Disposition program funds 

10 shall not be available for the Fissile Materials Dis11 position program, but shall be available instead for 

12 any defense nuclear nonproliferation activities (other 

13 than the Fissile Materials Disposition program) for 

14 which amounts are authorized to be appropriated by 

15 section 3101(a)(2). 

16 (3) AVAILABILITY OF UNUTILIZED FUNDS

17 UNDER CERTIFICATION OF PARTIAL USE.—If the ag18 gregate amount of funds certified under paragraph 

19 (1) as to be obligated for the Fissile Materials Dis20 position program in fiscal years 2008 and 2009 is 

21 less than the amount of the fiscal year 2008 Fissile 

22 Materials Disposition program funds, an amount 

23 within fiscal year 2008 Fissile Materials Disposition 

24 program funds that is equal to the difference be25 tween the amount of fiscal year 2008 Fissile Matemstockstill on PROD1PC66 with BILLS

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1 rials Disposition program funds and such aggregate 

2 amount shall not be available for the Fissile Mate3 rials Disposition program, but shall be available in4 stead for any defense nuclear nonproliferation activi5 ties (other than the Fissile Materials Disposition 

6 program) for which amounts are authorized to be 

7 appropriated by section 3101(a)(2). 

8 (c) FISCAL YEAR 2008 FISSILE MATERIALS DISPOSI9 TION PROGRAM FUNDS DEFINED.—In this section, the 

10 term ‘‘fiscal year 2008 Fissile Materials Disposition pro11 gram funds’’ means amounts authorized to be appro12 priated by section 3101(a)(2) and available for the Fissile 

13 Materials Disposition program. 

14 SEC. 3113. MODIFICATION OF LIMITATIONS ON AVAIL15 ABILITY OF FUNDS FOR WASTE TREATMENT 

16 AND IMMOBILIZATION PLANT. 

17 Paragraph (2) of section 3120(a) of the John Warner 

18 National Defense Authorization Act for Fiscal Year 2007 

19 (Public Law 109–364; 120 Stat. 2510) is amended— 

20 (1) by striking ‘‘the Defense Contract Manage21 ment Agency has recommended for acceptance’’ and 

22 inserting ‘‘an independent entity has reviewed’’; and 

23 (2) by inserting ‘‘and that the system has been 

24 certified by the Secretary for use by a construction 

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1 tion Plant’’ after ‘‘Waste Treatment and Immo2 bilization Plant’’. 

3 Subtitle C—Other Matters 

4 SEC. 3121. NUCLEAR TEST READINESS. 

5 (a) REPEAL OF REQUIREMENTS ON READINESS POS6 TURE.—Section 3113 of the National Defense Authoriza7 tion Act for Fiscal Year 2004 (Public Law 108–136; 117 

8 Stat. 1743; 50 U.S.C. 2528a) is repealed. 

9 (b) REPORTS ON NUCLEAR TEST READINESS POS10 TURES.— 

11 (1) IN GENERAL.—Section 4208 of the Atomic 

12 Energy Defense Act (50 U.S.C. 2528) is amended to 

13 read as follows: 

14 ‘‘SEC. 4208. REPORTS ON NUCLEAR TEST READINESS. 

15 ‘‘(a) IN GENERAL.—Not later than March 1, 2009, 

16 and every odd-numbered year thereafter, the Secretary of 

17 Energy shall submit to the congressional defense commit18 tees a report on the nuclear test readiness of the United 

19 States. 

20 ‘‘(b) ELEMENTS.—Each report under subsection (a) 

21 shall include, current as of the date of such report, the 

22 following: 

23 ‘‘(1) An estimate of the period of time that 

24 would be necessary for the Secretary of Energy to 

25 conduct an underground test of a nuclear weapon 

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1 once directed by the President to conduct such a 

2 test. 

3 ‘‘(2) A description of the level of test readiness 

4 that the Secretary of Energy, in consultation with 

5 the Secretary of Defense, determines to be appro6 priate. 

7 ‘‘(3) A list and description of the workforce 

8 skills and capabilities that are essential to carrying 

9 out an underground nuclear test at the Nevada Test 

10 Site. 

11 ‘‘(4) A list and description of the infrastructure 

12 and physical plant that are essential to carrying out 

13 an underground nuclear test at the Nevada Test 

14 Site. 

15 ‘‘(5) An assessment of the readiness status of 

16 the skills and capabilities described in paragraph (3) 

17 and the infrastructure and physical plant described 

18 in paragraph (4). 

19 ‘‘(c) FORM.—Each report under subsection (a) shall 

20 be submitted in unclassified form, but may include a clas21 sified annex.’’. 

22 (2) CLERICAL AMENDMENT.—The item relating 

23 to section 4208 in the table of contents for such Act 

24 is amended to read as follows: 

‘‘Sec. 4208. Reports on nuclear test readiness.’’. 

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1 SEC. 3122. SENSE OF CONGRESS ON THE NUCLEAR NON2 PROLIFERATION POLICY OF THE UNITED 

3 STATES AND THE RELIABLE REPLACEMENT 

4 WARHEAD PROGRAM. 

5 It is the sense of Congress that— 

6 (1) the United States should reaffirm its com7 mitment to Article VI of the Treaty on the Non-Pro8 liferation of Nuclear Weapons, done at Washington, 

9 London, and Moscow July 1, 1968, and entered into 

10 force March 5, 1970 (in this section referred to as 

11 the ‘‘Nuclear Non-Proliferation Treaty’’); 

12 (2) the United States should initiate talks with 

13 Russia to reduce the number of nonstrategic nuclear 

14 weapons and further reduce the number of strategic 

15 nuclear weapons in the respective nuclear weapons 

16 stockpiles of the United States and Russia in a 

17 transparent and verifiable fashion and in a manner 

18 consistent with the security of the United States; 

19 (3) the United States and other declared nu20 clear weapons state parties to the Nuclear Non-Pro21 liferation Treaty, together with weapons states that 

22 are not parties to the treaty, should work to reduce 

23 the total number of nuclear weapons in the respec24 tive stockpiles and related delivery systems of such 

25 states; 

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1 (4) the United States, Russia, and other states 

2 should work to negotiate, and then sign and ratify, 

3 a treaty setting forth a date for the cessation of the 

4 production of fissile material; 

5 (5) the Senate should ratify the Comprehensive 

6 Nuclear-Test-Ban Treaty, opened for signature at 

7 New York September 10, 1996; 

8 (6) the United States should commit to dis9 mantle as soon as possible all retired warheads or 

10 warheads that are planned to be retired from the 

11 United States nuclear weapons stockpile; 

12 (7) the United States, along with the other de13 clared nuclear weapons state parties to the Nuclear 

14 Non-Proliferation Treaty, should participate in 

15 transparent discussions regarding their nuclear 

16 weapons programs and plans, and how such pro17 grams and plans, including plans for any new weap18 ons or warheads, relate to their obligations as nu19 clear weapons state parties under the Treaty; 

20 (8) the United States and the declared nuclear 

21 weapons state parties to the Nuclear Non-Prolifera22 tion Treaty should work to decrease reliance on, and 

23 the importance of, nuclear weapons; and 

24 (9) the United States should formulate any de25 cision on whether to manufacture or deploy a relimstockstill on PROD1PC66 with BILLS

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1 able replacement warhead within the broader context 

2 of the progress made by the United States toward 

3 achieving each of the goals described in paragraphs 

4 (1) through (8). 

5 SEC. 3123. REPORT ON STATUS OF ENVIRONMENTAL MAN6 AGEMENT INITIATIVES TO ACCELERATE THE 

7 REDUCTION OF ENVIRONMENTAL RISKS AND 

8 CHALLENGES POSED BY THE LEGACY OF THE 

9 COLD WAR. 

10 (a) IN GENERAL.—On the date described in sub11 section (d), the Secretary of Energy shall submit to the 

12 congressional defense committees and the Comptroller 

13 General of the United States a report on the status of 

14 the environmental management initiatives described in 

15 subsection (c) undertaken to accelerate the reduction of 

16 the environmental risks and challenges that, as a result 

17 of the legacy of the Cold War, are faced by the Depart18 ment of Energy, contractors of the Department, and appli19 cable Federal and State agencies with regulatory jurisdic20 tion. 

21 (b) ELEMENTS.—The report required by subsection 

22 (a) shall include the following: 

23 (1) A discussion of the progress made in reduc24 ing the environmental risks and challenges described 

25 in subsection (a) in each of the following areas: 

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1 (A) Acquisition strategy and contract man2 agement. 

3 (B) Regulatory agreements. 

4 (C) Interim storage and final disposal of 

5 high-level waste, spent nuclear fuel, transuranic 

6 waste, and low-level waste. 

7 (D) Closure and transfer of environmental 

8 remediation sites. 

9 (E) Achievements in innovation by contrac10 tors of the Department with respect to acceler11 ated risk reduction and cleanup. 

12 (F) Consolidation of special nuclear mate13 rials and improvements in safeguards and secu14 rity. 

15 (2) An assessment of the progress made in 

16 streamlining risk reduction processes of the environ17 mental management program of the Department. 

18 (3) An assessment of the progress made in im19 proving the responsiveness and effectiveness of the 

20 environmental management program of the Depart21 ment. 

22 (4) Any proposals for legislation that the Sec23 retary considers necessary to carry out the environ24 mental management initiatives described in submstockstill on PROD1PC66 with BILLS

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1 section (c) and the justification for each such pro2 posal. 

3 (5) A list of the mandatory milestones and com4 mitments set forth in each enforceable cleanup 

5 agreement or other type of agreement covering or 

6 applicable to environmental management and clean7 up activities at any site of the Department, the sta8 tus of the efforts of the Department to meet such 

9 milestones and commitments, and if the Secretary 

10 determines that the Department will be unable to 

11 achieve any such milestone or commitment, a state12 ment setting forth the reasons the Department will 

13 be unable to achieve such milestone or commitment. 

14 (6) An estimate of the life cycle cost of the en15 vironmental management program, including the fol16 lowing: 

17 (A) A list of the environmental projects 

18 being reviewed for potential inclusion in the en19 vironmental management program as of Octo20 ber 1, 2007, and an estimated date by which a 

21 determination will be made to include or ex22 clude each such project. 

23 (B) A list of environmental projects not 

24 being considered for potential inclusion in the 

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1 tober 1, 2007, but that are likely to be included 

2 in the next five years, and an estimated date by 

3 which a determination will be made to include 

4 or exclude each such project. 

5 (C) A list of projects in the environmental 

6 management program as of October 1, 2007, 

7 for which an audit of the cost estimate of the 

8 project has been completed, and the estimated 

9 date by which such an audit will be completed 

10 for each such project for which such an audit 

11 has not been completed. 

12 (D) The estimated schedule for production 

13 of a revised life cycle cost estimate for the envi14 ronmental management program incorporating 

15 the information described in subparagraphs (A), 

16 (B), and (C). 

17 (c) INITIATIVES DESCRIBED.—The environmental 

18 management initiatives described in this subsection are 

19 the initiatives arising out of the report titled ‘‘Top-to-Bot20 tom Review of the Environmental Management Program’’ 

21 and dated February 4, 2002, with respect to the environ22 mental restoration and waste management activities of the 

23 Department in carrying out programs necessary for na24 tional security. 

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1 (d) DATE OF SUBMITTAL.—The date described in 

2 this subsection is the date on which the budget justifica3 tion materials in support of the Department of Energy 

4 budget for fiscal year 2009 (as submitted with the budget 

5 of the President under section 1105(a) of title 31, United 

6 States Code) are submitted to Congress. 

7 (e) REVIEW BY COMPTROLLER GENERAL.—Not later 

8 than 180 days after the date described in subsection (d), 

9 the Comptroller General shall submit to the congressional 

10 defense committees a report containing a review of the re11 port required by subsection (a). 

12 SEC. 3124. COMPTROLLER GENERAL REPORT ON DEPART13 MENT OF ENERGY PROTECTIVE FORCE MAN14 AGEMENT. 

15 (a) IN GENERAL.—Not later than 180 days after the 

16 date of the enactment of this Act, the Comptroller General 

17 of the United States shall submit to the Committee on 

18 Armed Services of the Senate and the Committee on 

19 Armed Services of the House of Representatives a report 

20 on the management of the protective forces of the Depart21 ment of Energy. 

22 (b) CONTENTS.—The report shall include the fol23 lowing: 

24 (1) A description of the management and con25 tractual structure for protective forces at each Demstockstill on PROD1PC66 with BILLS

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1 partment of Energy site with Category I nuclear ma2 terials. 

3 (2) A statement of the number and category of 

4 protective force members at each site described in 

5 paragraph (1) and an assessment of whether the 

6 protective force at each such site is adequately 

7 staffed, trained, and equipped to comply with the re8 quirements of the Design Basis Threat issued by the 

9 Department of Energy in November 2005. 

10 (3) A description of the manner in which each 

11 site described in paragraph (1) is moving to a tac12 tical response force as required by the policy of the 

13 Department of Energy and an assessment of the 

14 issues or problems, if any, involved in the moving to 

15 a tactical response force at such site. 

16 (4) A description of the extent to which the 

17 protective force at each site described in paragraph 

18 (1) has been assigned or is responsible for law en19 forcement or law-enforcement related activities. 

20 (5) An analysis comparing the management, 

21 training, pay, benefits, duties, responsibilities, and 

22 assignments of the protective force at each site de23 scribed in paragraph (1) with the management, 

24 training, pay, benefits, duties, responsibilities, and 

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1 assignments of the Federal transportation security 

2 force of the Department of Energy. 

3 (6) A statement of options for managing the 

4 protective force at sites described in paragraph (1) 

5 in a more uniform manner, an analysis of the advan6 tages and disadvantages of each option, and an as7 sessment of the approximate cost of each option 

8 when compared with the costs associated with the 

9 existing management of the protective force at such 

10 sites. 

11 (c) FORM.—The report shall be submitted in unclas12 sified form, but may include a classified annex. 

13 SEC. 3125. TECHNICAL AMENDMENTS. 

14 The Atomic Energy Defense Act (50 U.S.C. 2521 et 

15 seq.) is amended as follows: 

16 (1) The heading of section 4204A (50 U.S.C. 

17 2524a) is amended to read as follows: 

18 ‘‘SEC. 4204A. RELIABLE REPLACEMENT WARHEAD PRO19 GRAM.’’. 

20 (2) The table of contents for that Act is amend21 ed by inserting after the item relating to section 

22 4204 the following new item: 

‘‘Sec. 4204A. Reliable Replacement Warhead program.’’. 

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1 TITLE XXXII—DEFENSE NU2 CLEAR FACILITIES SAFETY 

3 BOARD 

4 SEC. 3201. AUTHORIZATION. 

5 There are authorized to be appropriated for fiscal 

6 year 2008, $27,499,000 for the operation of the Defense 

7 Nuclear Facilities Safety Board under chapter 21 of the 

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

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Calendar No. 188 

110TH CONGRESS 

1ST SESSION S. 1550 

A BILL 

To authorize appropriations for fiscal year 2008 for 

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

JUNE 5, 2007 

Read twice and placed on the calendar 

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