H. R. 5122—411
‘‘§ 2914. Energy conservation construction projects 
‘‘(a) PROJECTS AUTHORIZED.—The Secretary of Defense may 
carry out a military construction project for energy conservation, 
not previously authorized, using funds appropriated or otherwise 
made available for that purpose. 
‘‘(b) CONGRESSIONAL NOTIFICATION.—When a decision is made 
to carry out a project under this section, the Secretary of Defense 
shall notify in writing the appropriate committees of Congress 
of that decision. The project may then be carried out only after 
the end of the 21-day period beginning on the date the notification 
is received by such committees or, if earlier, the end of the 14-
day period beginning on the date on which a copy of the notification 
is provided in an electronic medium pursuant to section 480 of 
this title. 
‘‘SUBCHAPTER II—ENERGY-RELATED PROCUREMENT
‘‘Sec. 
‘‘2922. Liquid fuels and natural gas: contracts for storage, handling, or distribution. 
‘‘2922a. Contracts for energy or fuel for military installations. 
‘‘2922b. Procurement of energy systems using renewable forms of energy. 
‘‘2922c. Procurement of gasohol as motor vehicle fuel. 
‘‘2922d. Procurement of fuel derived from coal, oil shale, and tar sands. 
‘‘2922e. Acquisition of certain fuel sources: authority to waive contract procedures; 
acquisition by exchange; sales authority. 
‘‘2922f. Preference for energy efficient electric equipment.
‘‘SUBCHAPTER III—GENERAL PROVISIONS
‘‘Sec. 
‘‘2925. Annual report.
‘‘§ 2925. Annual report 
‘‘(a) REPORT REQUIRED.—As part of the annual submission of 
the energy performance goals for the Department of Defense under 
section 2911 of this title, the Secretary of Defense shall submit 
a report containing the following: 
‘‘(1) A description of the progress made to achieve the 
goals of the Energy Policy Act of 2005 (Public Law 109–58) 
and the energy performance goals for the Department of 
Defense during the preceding fiscal year. 
‘‘(2) A description of the actions taken to implement the 
energy performance plan in effect under section 2911 of this 
title and carry out this chapter during the preceding fiscal 
year. 
‘‘(3) A description of the energy savings realized from such 
actions. 
‘‘(4) An estimate of the types and quantities of energy 
consumed by the Department of Defense and members of the 
armed forces and civilian personnel residing or working on 
military installations during the preceding fiscal year, including 
a breakdown of energy consumption by user groups and types 
of energy, energy costs, and the quantities of renewable energy 
produced or procured by the Department. 
‘‘(5) A description of the types and amount of financial 
incentives received under section 2913 of this title during the 
preceding fiscal year and the appropriation account or accounts 
to which the incentives were credited.
H. R. 5122—412
‘‘(b) INITIAL REPORT.—In the first report required under this 
section, the Secretary of Defense shall include the following: 
‘‘(1) Such recommendations for changes to this chapter 
as the Secretary considers appropriate to improve energy 
performance. 
‘‘(2) A description of how responsibility over energy 
performance is distributed within the Department of Defense 
and a discussion on whether such responsibilities should be 
consolidated within a single entity. 
‘‘(3) A discussion of the manner in which the Secretary 
intends to balance the considerations specified in subsection 
(c) of section 2911 of this title in developing and implementing 
the energy performance goals and energy performance plan. 
‘‘(4) A discussion of the extent to which non-direct energy 
costs are considered in making research and development, 
procurement, and construction decisions.’’. 
(2) CONFORMING REPEAL.—Section 2865 of title 10, United 
States Code, is repealed. 
(b) INCLUSION OF ADDITIONAL ENERGY-RELATED SECTIONS.—
(1) TRANSFER
AND
REDESIGNATION
OF
CHAPTER
159
AND 
169 PROVISIONS.—Sections 2857, 2867, 2689, and 2690 of title 
10, United States Code, are—
(A) transferred to chapter 173 of such title, as added 
by subsection (a)(1); 
(B) inserted after section 2914; and 
(C) redesignated as sections 2915, 2916, 2917, and 
2918, respectively. 
(2) TRANSFER AND REDESIGNATION OF CHAPTER 141 PROVI-
SIONS.—Sections 2388, 2394, 2394a, 2398, 2398a, 2404, and 
2410c of such title are—
(A) transferred to chapter 173 of such title, as added 
by subsection (a)(1); 
(B) inserted after the table of sections of subchapter 
II of such chapter; and 
(C) redesignated as sections 2922, 2922a, 2922b, 2922c, 
2922d, 2922e, and 2922f, respectively. 
(3) CONFORMING AMENDMENTS.—Chapter 173 of such title, 
as added by subsection (a)(1), is amended—
(A) in section 2915 (former section 2857), as transferred 
and redesignated by paragraph (1)—
(i) in subsection (a), by striking ‘‘would be practical 
and economically feasible’’ and inserting ‘‘is consistent 
with the energy performance goals and energy perform-
ance plan for the Department of Defense developed 
under section 2911 of this title and supported by the 
special considerations specified in subsection (c) of such 
section’’; and 
(ii) in subsection (b), by striking ‘‘in those cases 
in which use of such forms of energy has the potential 
for reduced energy costs’’; 
(B) in subsection (b)(2) of section 2916 (former section 
2867), as transferred and redesignated by paragraph (1), 
by striking ‘‘section 2865(a) of this title’’ and inserting 
‘‘section 2911(b) of this title’’; 
(C) in subsection (a)(1) of section 2922a (former section 
2394), as transferred and redesignated by paragraph (2),
H. R. 5122—413
by striking ‘‘section 2689 of this title’’ and inserting ‘‘section 
2917 of this title’’; 
(D) in section 2922b (former section 2394a), as trans-
ferred and redesignated by paragraph (2)—
(i) in subsection (a)—
(I) by striking ‘‘possible and will be cost effec-
tive, reliable, and otherwise suited’’ and inserting 
‘‘possible, suited’’; and 
(II) by striking ‘‘his jurisdiction’’ and inserting 
‘‘the jurisdiction of the Secretary, consistent with 
the energy performance goals and energy perform-
ance plan for the Department of Defense developed 
under section 2911 of this title, and supported 
by the special considerations specified in sub-
section (c) of such section’’; 
(ii) in subsection (b)—
(I) by striking ‘‘cost effective and’’; and 
(II) by striking ‘‘section 2857 of this title’’ and 
inserting ‘‘section 2915 of this title’’; and 
(iii) by striking subsection (c); and 
(E) in subsection (a) of section 2922f (former section 
2410c), as transferred and redesignated by paragraph (2)—
(i) by striking ‘‘When cost effective, in’’ and 
inserting ‘‘In’’; and 
(ii) by striking ‘‘procurement, as the case may be.’’ 
and inserting ‘‘procurement, if providing such a pref-
erence is consistent with the energy performance goals 
and energy performance plan for the Department of 
Defense developed under section 2911 of this title and 
supported by the special considerations specified in 
subsection (c) of such section.’’. 
(4) APPLICABILITY OF CHAPTER 169 DEFINITIONS.—Section 
2801(c) of such title is amended by inserting ‘‘and chapter 
173 of this title’’ after ‘‘chapter’’ in the matter preceding para-
graph (1). 
(c) CLERICAL AMENDMENTS.—
(1) REFERENCE TO NEW CHAPTER.—The table of chapters 
at the beginning of subtitle A of title 10, United States Code, 
and at the beginning of part IV of such subtitle, are each 
amended by inserting after the item relating to chapter 172 
the following new item:
‘‘173. ENERGY SECURITY..................................................................... 2911’’.
(2) CHAPTER 141.—The table of sections at the beginning 
of chapter 141 of such title is amended by striking the items 
relating to sections 2388, 2394, 2394a, 2398, 2398a, 2404, and 
2410c. 
(3) CHAPTER 159.—The table of sections at the beginning 
of chapter 159 of such title is amended by striking the items 
relating to sections 2689 and 2690. 
(4) CHAPTER 169.—The table of sections at the beginning 
of subchapter III of chapter 169 of such title is amended by 
striking the items relating to sections 2857, 2865, and 2867. 
(d) CONFORMING
AMENDMENT
TO
WATER
CONSERVATION 
AUTHORITY.—Subsection (b) of section 2866 of title 10, United States 
Code, is amended to read as follows:
H. R. 5122—414
‘‘(b) USE OF FINANCIAL INCENTIVES AND WATER COST SAVINGS.—
(1) Financial incentives received from utilities for management 
of water demand or water conservation under subsection (a)(2) 
shall be credited to an appropriation designated by the Secretary 
of Defense. Amounts so credited shall be merged with the appropria-
tion to which credited and shall be available for the same purposes 
and the same period as the appropriation with which merged. 
‘‘(2) Water cost savings realized under subsection (a)(3) shall 
be used as follows: 
‘‘(A) One-half of the amount shall be used for water con-
servation activities at such buildings, facilities, or installations 
of the Department of Defense as may be designated (in accord-
ance with regulations prescribed by the Secretary of Defense) 
by the head of the department, agency, or instrumentality 
that realized the water cost savings. 
‘‘(B) One-half of the amount shall be used at the installation 
at which the savings were realized, as determined by the com-
manding officer of such installation consistent with applicable 
law and regulations, for—
‘‘(i) improvements to existing military family housing 
units; 
‘‘(ii) any unspecified minor construction project that 
will enhance the quality of life of personnel; or 
‘‘(iii) any morale, welfare, or recreation facility or 
service. 
‘‘(3) The Secretary of Defense shall include in the budget mate-
rial submitted to Congress in connection with the submission of 
the budget for a fiscal year pursuant to section 1105 of title 31 
a separate statement of the amounts available for obligation under 
this subsection in that fiscal year.’’. 
SEC. 2852. DEPARTMENT OF DEFENSE GOAL REGARDING USE OF 
RENEWABLE ENERGY TO MEET ELECTRICITY NEEDS. 
Section 2911 of title 10, United States Code, as added by 
section 2851 of this Act, is amended by adding at the end the 
following new subsection: 
‘‘(e) GOAL REGARDING USE OF RENEWABLE ENERGY TO MEET 
ELECTRICITY NEEDS.—It shall be the goal of the Department of 
Defense—
‘‘(1) to produce or procure not less than 25 percent of 
the total quantity of electric energy it consumes within its 
facilities and in its activities during fiscal year 2025 and each 
fiscal year thereafter from renewable energy sources (as defined 
in section 203(b) of the Energy Policy Act of 2005 (42 U.S.C. 
15852(b))); and 
‘‘(2) to produce or procure electric energy from renewable 
energy sources whenever the use of such renewable energy 
sources is consistent with the energy performance goals and 
energy performance plan for the Department and supported 
by the special considerations specified in subsection (c).’’. 
SEC. 
2853. 
CONGRESSIONAL 
NOTIFICATION 
OF 
CANCELLATION 
CEILING 
FOR 
DEPARTMENT 
OF 
DEFENSE 
ENERGY 
SAVINGS PERFORMANCE CONTRACTS. 
Section 2913 of title 10, United States Code, as added by 
section 2851 of this Act, is amended by adding at the end the 
following new subsection:
H. R. 5122—415
‘‘(e) CONGRESSIONAL NOTIFICATION OF CANCELLATION CEILING 
FOR ENERGY SAVINGS PERFORMANCE CONTRACTS.—When a decision 
is made to award an energy savings performance contract that 
contains a clause setting forth a cancellation ceiling in excess of 
$7,000,000, the Secretary of Defense shall submit to the appropriate 
committees of Congress written notification of the proposed contract 
and of the proposed cancellation ceiling for the contract. The 
notification shall include the justification for the proposed cancella-
tion ceiling. The contract may then be awarded only after the 
end of the 30-day period beginning on the date the notification 
is received by such committees or, if earlier, the end of the 15-
day period beginning on the date on which a copy of the notification 
is provided in an electronic medium pursuant to section 480 of 
this title.’’. 
SEC. 2854. USE OF ENERGY EFFICIENCY PRODUCTS IN NEW CONSTRUC-
TION. 
(a) USE
OF ENERGY EFFICIENT PRODUCTS.—Section 2915 of 
title 10, United States Code, as transferred, redesignated, and 
amended by section 2851(b) of this Act, is amended by adding 
at the end the following new subsection: 
‘‘(e) USE OF ENERGY EFFICIENCY PRODUCTS IN NEW CONSTRUC-
TION.—(1) The Secretary of Defense shall ensure, to the maximum 
extent practicable, that energy efficient products meeting the 
requirements of the Department of Defense are used in new facility 
construction by or for the Department carried out under chapter 
169 of this title if such products are readily available and their 
use is consistent with the energy performance goals and energy 
performance plan for the Department developed under section 2911 
of this title and supported by the special considerations specified 
in subsection (c) of such section. 
‘‘(2) In determining the energy efficiency of products, the Sec-
retary shall consider products that—
‘‘(A) meet or exceed Energy Star specifications; or 
‘‘(B) are listed on the Federal Energy Management Program 
Product Energy Efficiency Recommendations product list of 
the Department of Energy.’’. 
(b) CLERICAL AMENDMENTS.—Such section is further amended—
(1) by striking the section heading and inserting the fol-
lowing: 
‘‘§ 2915. New construction: use of renewable forms of energy 
and energy efficient products’’; 
(2) in subsection (a), by inserting ‘‘USE OF RENEWABLE 
FORMS OF ENERGY ENCOURAGED.—’’ after ‘‘(a)’’; 
(3) in subsection (b), by inserting ‘‘CONSIDERATION DURING 
DESIGN PHASE OF PROJECTS.—’’ after ‘‘(b)’’; 
(4) in subsection (c), by inserting ‘‘DETERMINATION OF COST 
EFFECTIVENESS.—’’ after ‘‘(c)’’; and 
(5) in subsection (d), by inserting ‘‘EXCEPTION TO SQUARE 
FEET AND COST PER SQUARE FOOT LIMITATIONS.—’’ after ‘‘(d)’’.
H. R. 5122—416
Subtitle F—Other Matters 
SEC. 2861. AVAILABILITY OF RESEARCH AND TECHNICAL ASSISTANCE 
UNDER DEFENSE ECONOMIC ADJUSTMENT PROGRAM. 
Section 2391 of title 10, United States Code, is amended by 
inserting after subsection (b) the following new subsection: 
‘‘(c) RESEARCH AND TECHNICAL ASSISTANCE.—The Secretary of 
Defense may make grants to, or conclude cooperative agreements 
or enter into contracts with, another Federal agency, a State or 
local government, or any private entity to conduct research and 
provide technical assistance in support of activities under this sec-
tion or Executive Order 12788 (57 Fed. Reg. 2213), as amended 
by section 33 of Executive Order 13286 (68 Fed. Reg. 10625) and 
Executive Order 13378 (70 Fed. Reg. 28413).’’. 
SEC. 2862. AVAILABILITY OF COMMUNITY PLANNING ASSISTANCE 
RELATING TO ENCROACHMENT OF CIVILIAN COMMU-
NITIES ON MILITARY FACILITIES USED FOR TRAINING BY 
THE ARMED FORCES. 
Section 2391(d)(1) of title 10, United States Code, is amended 
by adding at the end the following new sentence: ‘‘For purposes 
of subsection (b)(1)(D), the term ‘military installation’ includes a 
military facility owned and operated by any of the several States, 
the District of Columbia, the Commonwealth of Puerto Rico, Amer-
ican Samoa, Guam, or the Virgin Islands, even though the facility 
is not under the jurisdiction of the Department of Defense, if the 
Secretary of Defense determines that the military facility is subject 
to significant use for training by the armed forces.’’. 
SEC. 2863. PROHIBITIONS AGAINST MAKING CERTAIN MILITARY AIR-
FIELDS OR FACILITIES AVAILABLE FOR USE BY CIVIL AIR-
CRAFT. 
(a) PROHIBITIONS.—With respect to each military installation 
specified in subsection (b), the Secretary of Defense and the Sec-
retary of the Navy may not enter into an agreement, or authorize 
any other person to enter into an agreement, that would—
(1) authorize civil aircraft to regularly use an airfield or 
any other property at the installation; or 
(2) convey any real property at the installation, including 
any airfield at the installation, for the purpose of permitting 
the use of the property by civil aircraft. 
(b) COVERED INSTALLATIONS.—The prohibitions in subsection 
(a) apply with respect to the following military installations: 
(1) Marine Corps Air Station, Camp Pendleton, California. 
(2) Marine Corps Air Station, Miramar, California. 
(3) Marine Corps Base, Camp Pendleton, California. 
(4) Naval Air Station, North Island, California. 
(c) REPEAL OF EXISTING LIMITED PROHIBITION.—Section 2894 
of the Military Construction Authorization Act for Fiscal Year 1996 
(division B of Public Law 104–106; 110 Stat. 592) is repealed. 
SEC. 2864. MODIFICATION OF CERTAIN TRANSPORTATION PROJECTS. 
(a) HIGH PRIORITY PROJECTS.—The table in section 1702 of 
the Safe, Accountable, Flexible, Efficient Transportation Equity Act: 
A Legacy for Users (Public Law 109–59; 119 Stat. 1256) is 
amended—
H. R. 5122—417
(1) in the item designated as project 4333 (119 Stat. 1422), 
by striking ‘‘Plan and construct, land acquisition, Detroit West 
Riverfront Greenway’’ in the project description column and 
inserting ‘‘Detroit Riverfront Conservancy, Riverfront walkway, 
greenway, and adjacent land planning, construction, and land 
acquisition from Gabriel Richard Park at the Douglas Mac 
Arthur Bridge to Riverside Park at the Ambassador Bridge, 
Detroit’’; and 
(2) in the item designated as project 4651 (119 Stat. 1434), 
by striking ‘‘Grading, paving’’ and all that follows through 
‘‘Airport’’ in the project description column and inserting 
‘‘Grading, paving, roads, and the transfer of rail-to-truck for 
the intermodal facility at Rickenbacker Airport, Columbus, 
Ohio’’. 
(b) TRANSPORTATION IMPROVEMENT PROJECT.—The table in sec-
tion 1934(c) of such Act (119 Stat. 1485) is amended in the item 
designated as project 196 (119 Stat. 1495) by striking ‘‘Detroit 
Riverfront Conservancy’’ and all that follows through ‘‘Detroit’’ in 
the project description column and inserting ‘‘Detroit Riverfront 
Conservancy, Riverfront walkway, greenway, and adjacent land 
planning, construction, and land acquisition from Gabriel Richard 
Park at the Douglas Mac Arthur Bridge to Riverside Park at the 
Ambassador Bridge, Detroit’’. 
SEC. 2865. AVAILABILITY OF FUNDS FOR SOUTH COUNTY COMMUTER 
RAIL PROJECT, PROVIDENCE, RHODE ISLAND. 
Funds available for the South County Commuter Rail project, 
Providence, Rhode Island, authorized by paragraphs (34) and (35) 
of section 3043(d) of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (Public Law 109–
59; 119 Stat. 1650) shall be available for the purchase of commuter 
rail equipment for the South County Commuter Rail project upon 
the receipt by the Rhode Island Department of Transportation 
of an approved environmental assessment for the South County 
Commuter Rail project. 
SEC. 2866. FOX POINT HURRICANE BARRIER, PROVIDENCE, RHODE 
ISLAND. 
(a) ASSUMPTION OF RESPONSIBILITY FOR BARRIER.—Not later 
than two years after the date of the enactment of this Act, the 
Secretary of the Army, acting through the Chief of Engineers, 
shall assume responsibility for the annual operation and mainte-
nance of the Fox Point Hurricane Barrier in Providence, Rhode 
Island. 
(b) IDENTIFICATION
AND CONVEYANCE
OF REQUIRED STRUC-
TURES.—The City of Providence, Rhode Island, in coordination with 
the Secretary, shall identify any land and structures required for 
the continued operation and maintenance, repair, replacement, 
rehabilitation, and structural integrity of the Fox Point Hurricane 
Barrier. The City shall convey to the Secretary, by quitclaim deed 
and without consideration, all right, title, and interest of the City 
in and to the land and structures so identified. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary such funds as are necessary 
for each fiscal year for the operation and maintenance, including 
repair, replacement, and rehabilitation, of the Fox Point Hurricane 
Barrier.
H. R. 5122—418
SEC. 2867. FEDERAL FUNDING FOR FIXED GUIDEWAY PROJECTS. 
The Federal Transit Administration’s Dear Colleague letter 
dated April 29, 2005 (C–05–05), which requires fixed guideway 
projects to achieve a ‘‘medium’’ cost-effectiveness rating for the 
Federal Transit Administration to recommend such projects for 
funding, shall not apply to the Northstar Corridor Commuter Rail 
Project in Minnesota. 
SEC. 2868. FEASIBILITY STUDY REGARDING USE OF GENERAL SERV-
ICES ADMINISTRATION PROPERTY FOR FORT BELVOIR, 
VIRGINIA, REALIGNMENT. 
(a) FEASIBILITY STUDY.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of the Army 
shall submit to Congress a report evaluating the costs, benefits, 
feasibility, and suitability of locating support functions for Fort 
Belvoir and the Engineering Proving Grounds, Virginia, on property 
currently occupied by General Services Administration warehouses 
in Springfield, Virginia. 
(b) CONSULTATION.—The Secretary of the Army shall carry 
out this section in consultation with the Administrator of General 
Services. 
DIVISION C—DEPARTMENT OF ENERGY 
NATIONAL 
SECURITY 
AUTHORIZA-
TIONS 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. Plan for transformation of National Nuclear Security Administration nu-
clear weapons complex. 
Sec. 3112. Extension of Facilities and Infrastructure Recapitalization Program. 
Sec. 3113. Utilization of contributions to Global Threat Reduction Initiative. 
Sec. 3114. Utilization of contributions to Second Line of Defense program. 
Sec. 3115. Two-year extension of authority for appointment of certain scientific, en-
gineering, and technical personnel. 
Sec. 3116. National Academy of Sciences study of quantification of margins and un-
certainty methodology for assessing and certifying the safety and reli-
ability of the nuclear stockpile. 
Sec. 3117. Consolidation of counterintelligence programs of Department of Energy 
and National Nuclear Security Administration. 
Sec. 3118. Notice-and-wait requirement applicable to certain third-party financing 
arrangements. 
Sec. 3119. 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. 3120. Limitations on availability of funds for Waste Treatment and Immo-
bilization Plant. 
Sec. 3121. Report on Russian Surplus Fissile Materials Disposition Program. 
Sec. 3122. Limitation on availability of funds for construction of MOX Fuel Fabrica-
tion Facility. 
Sec. 3123. Education of future nuclear engineers. 
Sec. 3124. Technical correction related to authorization of appropriations for fiscal 
year 2006.
H. R. 5122—419
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 2007 for the activities of the National Nuclear Security 
Administration in carrying out programs necessary for national 
security in the amount of $9,300,811,000, to be allocated as follows: 
(1) For weapons activities, $6,417,676,000. 
(2) 
For 
defense 
nuclear 
nonproliferation 
activities, 
$1,701,426,000. 
(3) For naval reactors, $795,133,000. 
(4) For the Office of the Administrator for Nuclear Security, 
$386,576,000. 
(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 the following 
new plant projects: 
(1) For weapons activities:
Project 07–D–140, project engineering and design, various 
locations, $4,977,000. 
Project 07–D–220, Radioactive Liquid Waste Treatment 
Facility upgrade, Los Alamos National Laboratory, Los Alamos, 
New Mexico, $14,828,000. 
Project 07–D–253, Technical Area 1 Heating Systems Mod-
ernization, Sandia National Laboratories, Albuquerque, New 
Mexico, $14,500,000. 
(2) For defense nuclear nonproliferation activities:
Project 07–SC–05, Physical Sciences Facility, Pacific North-
west National Laboratory, Richland, Washington, $4,220,000. 
(3) For naval reactors:
Project 07–D–190, project engineering and design, Mate-
rials Research Technology Complex, Bettis Atomic Power Lab-
oratory, West Mifflin, Pennsylvania, $1,485,000. 
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2007 for defense environmental 
cleanup activities in carrying out programs necessary for national 
security in the amount of $5,435,312,000. 
SEC. 3103. OTHER DEFENSE ACTIVITIES. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2007 for other defense activities 
in carrying out programs necessary for national security in the 
amount of $717,788,000. 
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 
Funds are hereby authorized to be appropriated to the Depart-
ment 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 $358,080,000.
H. R. 5122—420
Subtitle B—Program Authorizations, 
Restrictions, and Limitations 
SEC. 3111. PLAN FOR TRANSFORMATION OF NATIONAL NUCLEAR 
SECURITY ADMINISTRATION NUCLEAR WEAPONS COM-
PLEX. 
(a) PLAN REQUIRED.—Subtitle A of title XLII of the Atomic 
Energy Defense Act (division D of Public Law 107–314) is amended 
by inserting after section 4213 (50 U.S.C. 2533) the following new 
section: 
‘‘SEC. 4214. PLAN FOR TRANSFORMATION OF NATIONAL NUCLEAR 
SECURITY ADMINISTRATION NUCLEAR WEAPONS COM-
PLEX. 
‘‘(a) PLAN REQUIRED.—The Secretary of Energy shall develop 
a plan to transform the nuclear weapons complex so as to achieve 
a responsive infrastructure by 2030. The plan shall be designed 
to accomplish the following objectives: 
‘‘(1) To maintain the safety, reliability, and security of 
the United States nuclear weapons stockpile. 
‘‘(2) To continue Stockpile Life Extension Programs that 
the Nuclear Weapons Council considers necessary. 
‘‘(3) To prepare to produce replacement warheads under 
the Reliable Replacement Warhead program at a rate necessary 
to meet future stockpile requirements, commencing with a first 
production unit in 2012 and achieving steady-state production 
using modern manufacturing processes by 2025. 
‘‘(4) To eliminate, within the nuclear weapons complex, 
duplication of production capability except to the extent 
required to ensure the safety, reliability, and security of the 
stockpile. 
‘‘(5) To maintain the current philosophy within the national 
security laboratories of peer review of nuclear weapons designs 
while eliminating duplication of laboratory capabilities except 
to the extent required to ensure the safety, reliability, and 
security of the stockpile. 
‘‘(6) To maintain the national security mission, and in 
particular the science-based Stockpile Stewardship Program, 
as the primary mission of the national security laboratories 
while optimizing the work-for-others activities of those labora-
tories to support other national security objectives in fields 
such as defense, intelligence, and homeland security. 
‘‘(7) To consolidate to the maximum extent practicable, 
and to provide for the ultimate disposition of, special nuclear 
material throughout the nuclear weapons complex, with the 
ultimate goal of eliminating Category I and II special nuclear 
material from the national security laboratories no later than 
March 1, 2012, so as to further reduce the footprint of the 
nuclear weapons complex, reduce security costs, and reduce 
transportation costs for special nuclear material. This objective 
does not preclude the retention of Category I and II special 
nuclear materials at a national security laboratory if the trans-
formation plan required by this subsection envisions a pit 
production capability (including interim pit production) at a 
national security laboratory.
H. R. 5122—421
‘‘(8) To employ a risk-based approach to ensure compliance 
with Design Basis Threat security requirements. 
‘‘(9) To expeditiously dismantle inactive nuclear weapons 
to reduce the size of the stockpile to the lowest level required 
by the Nuclear Weapons Council. 
‘‘(10) To operate the nuclear weapons complex in a more 
cost-effective manner. 
‘‘(b) REPORT.—Not later than February 1, 2007, the Secretary 
of Energy shall submit to the congressional defense committees 
a report on the transformation plan required by subsection (a). 
The report shall address each of the objectives required by sub-
section (c) and also include each of the following: 
‘‘(1) A comprehensive list of the capabilities, facilities, and 
project staffing that the National Nuclear Security Administra-
tion will need to have in place at the nuclear weapons complex 
as of 2030 to meet the requirements of the transformation 
plan. 
‘‘(2) A comprehensive list of the capabilities and facilities 
that the National Nuclear Security Administration currently 
has in place at the nuclear weapons complex that will not 
be needed as of 2030 to meet the requirements of the trans-
formation plan. 
‘‘(3) A plan for implementing the transformation plan, 
including a schedule with incremental milestones. 
‘‘(c) CONSULTATION.—The Secretary of Energy shall develop 
the transformation plan required by subsection (a) in consultation 
with the Secretary of Defense and the Nuclear Weapons Council. 
‘‘(d) DEFINITION.—In this section, the term ‘national security 
laboratory’ has the meaning given such term in section 3281 of 
the National Nuclear Security Administration Act (50 U.S.C. 
2471).’’. 
(b) INCLUSION
IN FUTURE-YEARS NUCLEAR SECURITY PRO-
GRAM.—Section 3253 of the National Nuclear Security Administra-
tion Act (50 U.S.C. 2453) is amended in subsection (b) by adding 
at the end the following new paragraph: 
‘‘(5) A statement of proposed budget authority, estimated 
expenditures, and proposed appropriations necessary to support 
the programs required to implement the plan to transform 
the nuclear weapons complex under section 4214 of the Atomic 
Energy Defense Act, together with a detailed description of 
how the funds identified for each program element specified 
pursuant to paragraph (1) in the budget for the Administration 
for each fiscal year during that five-fiscal-year period will help 
ensure that those programs are implemented. The statement 
shall assume year-to-year funding profiles that account for 
increases only for projected inflation.’’. 
SEC. 
3112. 
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), as 
amended by section 3113 of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 
Stat. 2160), is amended—
(1) in subsection (a)(3)(F), by striking ‘‘2011’’ and inserting 
‘‘2013’’; and
H. R. 5122—422
(2) in subsection (b), by striking ‘‘2011’’ and inserting 
‘‘2013’’. 
SEC. 3113. UTILIZATION OF CONTRIBUTIONS TO GLOBAL THREAT 
REDUCTION INITIATIVE. 
Section 3132 of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108—375; 118 
Stat. 2166; 50 U.S.C. 2569) is amended—
(1) by redesignating subsection (f) as subsection (g); and 
(2) by adding after subsection (e) the following new sub-
section: 
‘‘(f) PARTICIPATION BY OTHER GOVERNMENTS AND ORGANIZA-
TIONS.—
‘‘(1) IN GENERAL.—The Secretary of Energy may, with the 
concurrence of the Secretary of State, enter into one or more 
agreements with any person (including a foreign government, 
international organization, or multinational entity) that the 
Secretary of Energy considers appropriate under which the 
person contributes funds for purposes of the programs described 
in paragraph (2). 
‘‘(2) PROGRAMS COVERED.—The programs described in this 
paragraph are the following international programs within the 
Global Threat Reduction Initiative: 
‘‘(A) The International Radiological Threat Reduction 
program. 
‘‘(B) The Emerging Threats and Gap Materials pro-
gram. 
‘‘(C) The Reduced Enrichment for Research and Test 
Reactors program. 
‘‘(D) The Russian Research Reactor Fuel Return pro-
gram. 
‘‘(E) The Global Research Reactor Security program. 
‘‘(F) The Kazakhstan Spent Fuel program. 
‘‘(3) RETENTION AND USE OF AMOUNTS.—Notwithstanding 
section 3302 of title 31, United States Code, the Secretary 
of Energy may retain and use amounts contributed under an 
agreement under paragraph (1) for purposes of the programs 
described in paragraph (2). Amounts so contributed shall be 
retained in a separate fund established in the Treasury for 
such purposes and shall be available for use without further 
appropriation and without fiscal year limitation. 
‘‘(4) RETURN
OF
AMOUNTS
NOT
USED
WITHIN
YEARS.—
If an amount contributed under an agreement under paragraph 
(1) is not used under this subsection within 5 years after 
it was contributed, the Secretary of Energy shall return that 
amount to the person who contributed it. 
‘‘(5) NOTICE TO CONGRESSIONAL DEFENSE COMMITTEES.—
Not later than 30 days after the receipt of an amount contrib-
uted under paragraph (1), the Secretary of Energy shall submit 
to the congressional defense committees a notice specifying 
the purpose and value of the contribution and identifying the 
person who contributed it. The Secretary may not use the 
amount until 15 days after the notice is submitted. 
‘‘(6) 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 use of amounts
H. R. 5122—423
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, for each such amount, the value of 
the contribution and the person who contributed it; 
‘‘(B) a statement of any amounts used under this sub-
section, including, for each such amount, the purposes for 
which the amount was used; and 
‘‘(C) a statement of the amounts retained but not used 
under this subsection, including, for each such amount, 
the purposes (if known) for which the Secretary intends 
to use the amount. 
‘‘(7) EXPIRATION.—The authority to accept, retain, and use 
contributions under this subsection expires on December 31, 
2013.’’. 
SEC. 3114. UTILIZATION OF CONTRIBUTIONS TO SECOND LINE OF 
DEFENSE PROGRAM. 
(a) IN GENERAL.—The Secretary of Energy may, with the 
concurrence of the Secretary of State, enter into one or more agree-
ments with any person (including a foreign government, inter-
national organization, or multinational entity) that the Secretary 
of Energy considers appropriate under which the person contributes 
funds for purposes of the Second Line of Defense program of the 
National Nuclear Security Administration. 
(b) RETENTION AND USE OF AMOUNTS.—Notwithstanding section 
3302 of title 31, United States Code, the Secretary of Energy may 
retain and use amounts contributed under an agreement under 
subsection (a) for purposes of the Second Line of Defense program. 
Amounts so contributed shall be retained in a separate fund estab-
lished in the Treasury for such purposes and shall be available 
for use without further appropriation and without fiscal year limita-
tion. 
(c) RETURN OF AMOUNTS NOT USED WITHIN 5 YEARS.—If an 
amount contributed under an agreement under subsection (a) is 
not used under this section within 5 years after it was contributed, 
the Secretary of Energy shall return that amount to the person 
who contributed it. 
(d) NOTICE
TO CONGRESSIONAL DEFENSE COMMITTEES.—Not 
later than 30 days after the receipt of an amount contributed 
under subsection (a), the Secretary of Energy shall submit to the 
congressional defense committees a notice specifying the purpose 
and value of the contribution and identifying the person who 
contributed it. The Secretary may not use the amount until 15 
days after the notice is submitted. 
(e) 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 use of amounts under 
this section 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, for each such amount, the value of the contribution 
and the person who contributed it; 
(2) a statement of any amounts used under this section, 
including, for each such amount, the purposes for which the 
amount was used; and
H. R. 5122—424
(3) a statement of the amounts retained but not used 
under this section, including, for each such amount, the pur-
poses (if known) for which the Secretary intends to use the 
amount. 
(f) EXPIRATION.—The authority to accept, retain, and use con-
tributions under this section expires on December 31, 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. NATIONAL ACADEMY OF SCIENCES STUDY OF QUANTIFICA-
TION OF MARGINS AND UNCERTAINTY METHODOLOGY 
FOR ASSESSING AND CERTIFYING THE SAFETY AND RELI-
ABILITY OF THE NUCLEAR STOCKPILE. 
(a) STUDY REQUIRED.—The Secretary of Energy shall, as soon 
as practicable and no later than 120 days after the date of the 
enactment of this Act, enter into an arrangement with the National 
Research Council of the National Academy of Sciences for the 
Council to carry out a study of the quantification of margins and 
uncertainty methodology used by the national security laboratories 
for assessing and certifying the safety and reliability of the nuclear 
stockpile. 
(b) MATTERS INCLUDED.—The study required by subsection (a) 
shall evaluate the following: 
(1) The use of the quantification of margins and uncertainty 
methodology by the national security laboratories, including 
underlying assumptions of weapons performance and the ability 
of modeling and simulation tools to predict nuclear explosive 
package characteristics. 
(2) The manner in which that methodology is used to 
conduct the annual assessments of the nuclear weapons stock-
pile. 
(3) How the use of that methodology compares and con-
trasts between the national security laboratories. 
(4) Whether the application of the quantification of margins 
and uncertainty used for annual assessments and certification 
of the nuclear weapons stockpile can be applied to the planned 
Reliable Replacement Warhead program so as to carry out 
the objective of that program to reduce the likelihood of the 
resumption of underground testing of nuclear weapons. 
(c) REPORT.—
(1) IN GENERAL.—Not later than one year after the date 
on which the arrangement required by subsection (a) is entered 
into, the National Research Council shall submit to the Sec-
retary of Energy and the congressional committees specified 
in paragraph (2) a report on the study that addresses the 
matters listed in subsection (b) and any other matters consid-
ered by the National Research Council to be relevant to the 
use of the quantification of margins and uncertainty method-
ology in assessing the current or future nuclear weapons stock-
pile. 
(2) SPECIFIED COMMITTEES.—The congressional committees 
referred to in paragraph (1) are the following: 
(A) The Committee on Armed Services of the Senate.
H. R. 5122—425
(B) The Committee on Armed Services of the House 
of Representatives. 
(d) PROVISION OF INFORMATION.—The Secretary of Energy shall, 
in a timely manner, make available to the National Research 
Council all information that the National Research Council con-
siders necessary to carry out its responsibilities under this section. 
(e) FUNDING.—Of the amounts made available to the Depart-
ment of Energy pursuant to the authorization of appropriations 
in section 3101, $2,000,000 shall be available for carrying out the 
study required by this section. 
SEC. 3117. CONSOLIDATION OF COUNTERINTELLIGENCE PROGRAMS 
OF DEPARTMENT OF ENERGY AND NATIONAL NUCLEAR 
SECURITY ADMINISTRATION. 
(a) TRANSFER OF FUNCTIONS.—
(1) IN GENERAL.—The functions, personnel, funds, assets, 
and other resources of the Office of Defense Nuclear Counter-
intelligence of the National Nuclear Security Administration 
are transferred to the Secretary of Energy, to be administered 
(except to any extent otherwise directed by the Secretary) by 
the Director of the Office of Counterintelligence of the Depart-
ment of Energy. 
(2) SUNSET.—Effective September 30, 2010—
(A) the functions, personnel, funds, assets, and other 
resources transferred by paragraph (1) are transferred to 
the Administrator for Nuclear Security; 
(B) subsection (e) of section 3220 of the National 
Nuclear Security Administration Act (50 U.S.C. 2410), as 
added by this section, is repealed; and 
(C) section 3233 of the National Nuclear Security 
Administration Act (50 U.S.C. 2423) is amended—
(i) in each of subsections (a) and (b), by striking 
‘‘The Secretary of Energy shall’’ and inserting ‘‘The 
Administrator shall’’; and 
(ii) in subsection (b), by striking ‘‘Office of Counter-
intelligence of the Department of Energy’’ and inserting 
‘‘Administration’’. 
(b) NNSA COUNTERINTELLIGENCE OFFICE ABOLISHED.—
(1) IN
GENERAL.—Section 3232 of the National Nuclear 
Security Administration Act (50 U.S.C. 2422) is amended—
(A) by amending the heading to read as follows: 
‘‘SEC. 3232. OFFICE OF DEFENSE NUCLEAR SECURITY.’’. 
(B) by striking subsection (a) and inserting the fol-
lowing new subsection (a): 
‘‘(a) ESTABLISHMENT.—There is within the Administration an 
Office of Defense Nuclear Security, headed by a Chief appointed 
by the Secretary of Energy. The Administrator shall recommend 
to the Secretary suitable candidates for such position.’’; 
(C) by striking subsection (b); and 
(D) by redesignating subsection (c) as subsection (b). 
(2) CONFORMING
AMENDMENT.—The table of sections at 
the beginning of the National Nuclear Security Administration 
Act is amended by striking the item relating to section 3232 
and inserting the following new item:
‘‘Sec. 3232. Office of Defense Nuclear Security.’’.
H. R. 5122—426
(c) COUNTERINTELLIGENCE PROGRAMS AT NNSA FACILITIES.—
Section 3233 of the National Nuclear Security Administration Act 
(50 U.S.C. 2423) is amended—
(1) in each of subsections (a) and (b), by striking ‘‘The 
Administrator shall’’ and inserting ‘‘The Secretary of Energy 
shall’’; and 
(2) in subsection (b), by striking ‘‘Office of Defense Nuclear 
Counterintelligence’’ and inserting ‘‘Office of Counterintel-
ligence of the Department of Energy’’. 
(d) STATUS OF NNSA INTELLIGENCE AND COUNTERINTELLIGENCE 
PERSONNEL.—Section 3220 of the National Nuclear Security 
Administration Act (50 U.S.C. 2410) is amended by adding at the 
end the following new subsection: 
‘‘(e) STATUS OF INTELLIGENCE AND COUNTERINTELLIGENCE PER-
SONNEL.—Notwithstanding the restrictions of subsections (a) and 
(b), each officer or employee of the Administration, or of a contractor 
of the Administration, who is carrying out activities related to 
intelligence or counterintelligence shall, in carrying out those activi-
ties, be subject to the authority, direction, and control of the Sec-
retary of Energy or the Secretary’s delegate.’’. 
(e) NNSA INTELLIGENCE AND COUNTERINTELLIGENCE LIAISON.—
Section 3218 of the National Nuclear Security Administration Act 
(50 U.S.C. 2408) is amended in subsection (b)—
(1) by redesignating paragraph (4) as paragraph (5); and 
(2) by inserting after paragraph (3) the following new para-
graph (4): 
‘‘(4) Liaison with the Department of Energy’s Office of 
Intelligence and Counterintelligence.’’. 
(f) SERVICE FROM WHICH DOE INTELLIGENCE DIRECTOR AND 
COUNTERINTELLIGENCE
DIRECTOR
APPOINTED.—Section 215(b)(1) 
(42 U.S.C. 7144b(b)(1)) and section 216(b)(1) (42 U.S.C. 7144c(b)(1)) 
of the Department of Energy Organization Act are each amended 
by striking ‘‘which shall be a position in the Senior Executive 
Service’’ and inserting ‘‘who shall be an employee in the Senior 
Executive Service, the Senior Intelligence Service, the Senior 
National Intelligence Service, or any other Service that the Sec-
retary, in coordination with the Director of National Intelligence, 
considers appropriate’’. 
(g) INTELLIGENCE EXECUTIVE COMMITTEE; BUDGET FOR INTEL-
LIGENCE AND COUNTERINTELLIGENCE.—Section 214 of the Depart-
ment of Energy Organization Act (42 U.S.C. 7144a) is amended—
(1) by inserting ‘‘(a)’’ before ‘‘The Secretary shall be respon-
sible’’; and 
(2) by adding at the end the following: 
‘‘(b)(1) There is within the Department an Intelligence Execu-
tive Committee. The Committee shall consist of the Deputy Sec-
retary of Energy, who shall chair the Committee, and each Under 
Secretary of Energy. 
‘‘(2) The Committee shall be staffed by the Director of 
the Office of Intelligence and the Director of the Office of 
Counterintelligence. 
‘‘(3) The Secretary shall use the Committee to assist in 
developing and promulgating the counterintelligence and intel-
ligence policies, requirements, and priorities of the Department. 
‘‘(c) In the budget justification materials submitted to Congress 
in support of each budget submitted by the President to Congress 
under title 31, United States Code, the amounts requested for
H. R. 5122—427
the Department for intelligence functions and the amounts 
requested for the Department for counterintelligence functions shall 
each be specified in appropriately classified individual, dedicated 
program elements. Within the amounts requested for counterintel-
ligence functions, the amounts requested for the National Nuclear 
Security Administration shall be specified separately from the 
amounts requested for other elements of the Department.’’. 
(h) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Inspector General of the Department of Energy 
shall submit to Congress a report on the implementation of this 
section and of the amendments required by this section. The report 
shall include the Inspector General’s evaluation of that implementa-
tion. 
SEC. 3118. 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 CER-
TAIN 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 con-
ducted 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. 3119. 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
H. R. 5122—428
(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. 3120. LIMITATIONS ON AVAILABILITY OF FUNDS FOR WASTE 
TREATMENT AND IMMOBILIZATION PLANT. 
(a) LIMITATION RELATING
TO EARNED VALUE MANAGEMENT 
SYSTEM.—
(1) IN GENERAL.—Of the amount appropriated or otherwise 
available for defense environmental cleanup activities and 
available for the Waste Treatment and Immobilization Plant, 
not more than 90 percent of that amount may be obligated 
or expended. 
(2) TERMINATION OF LIMITATION.—Paragraph (1) does not 
apply after the date on which the Secretary of Energy certifies 
to the congressional defense committees that the Defense Con-
tract Management Agency has recommended for acceptance 
the earned value management system used to track and report 
costs of the Waste Treatment and Immobilization Plant. 
(b) LIMITATION RELATING TO SEISMIC CRITERIA.—
(1) IN GENERAL.—Of the amount appropriated or otherwise 
available for defense environmental cleanup activities and 
available for the Waste Treatment and Immobilization Plant, 
none of that amount may be obligated or expended for construc-
tion, or for the procurement of critical equipment affected by 
seismic criteria, relating to the Pretreatment Facility and the 
High-Level Waste Facility. 
(2) EXCEPTION.—Paragraph (1) does not apply to the obliga-
tion or expenditure of funds for construction that is necessary 
for maintenance or for activities related to maintenance. 
(3) TERMINATION OF LIMITATION.—Paragraph (1) does not 
apply after 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. 
SEC. 3121. REPORT ON RUSSIAN SURPLUS FISSILE MATERIALS DIS-
POSITION PROGRAM. 
Not later than March 1, 2007, the Secretary of Energy shall 
submit to the congressional defense committees a report on the 
Russian Surplus Fissile Materials Disposition Program (in this 
section referred to as the ‘‘Program’’). The report shall include—
(1) a description of the disposition method the Government 
of Russia has agreed to use under the Program; 
(2) a description of the assistance the United States Govern-
ment plans to provide under the Program; 
(3) an estimate of the total cost and schedule of such 
assistance; and 
(4) an explanation of how parallelism is to be defined 
for purposes of the Program, including projected goals for the
H. R. 5122—429
disposition of Russian weapons-grade plutonium under the 2000 
Plutonium Disposition and Management Agreement, 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. 
SEC. 3122. LIMITATION ON AVAILABILITY OF FUNDS FOR CONSTRUC-
TION OF MOX FUEL FABRICATION FACILITY. 
Of the amount appropriated under section 3101(a)(2) or other-
wise available for defense nuclear nonproliferation activities for 
fiscal year 2007, none of that amount may be obligated for construc-
tion 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; 
(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; 
and 
(3) a corrective action plan for addressing the issues raised 
by the Inspector General of the Department of Energy in the 
December 2005 report titled ‘‘The Status of the Mixed Oxide 
Fuel Fabrication Facility’’. 
SEC. 3123. EDUCATION OF FUTURE NUCLEAR ENGINEERS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Department of Defense and the Department of 
Energy 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 approxi-
mately 58,000 workers in the nuclear power industry in the 
United States will be eligible to retire within 5 years, rep-
resenting both a huge loss of institutional memory and a poten-
tial national security crisis. 
(3) This shortfall of workers is exacerbated by reductions 
to the University Reactor Infrastructure and Education Assist-
ance program, which trains civilian nuclear scientists and engi-
neers. The defense and civilian nuclear industries are inter-
dependent 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 scholar-
ship 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 feasi-
bility and merit of establishing a targeted scholarship or fellow-
ship program to educate future nuclear engineers at the postsec-
ondary and postgraduate levels.