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(3) AVAILABILITY OF UNUTILIZED FUNDS UNDER
CERTIFICATION OF PARTIAL USE.—If the aggregate
amount of funds certified under paragraph (1) as to
be obligated for the Fissile Materials Disposition pro-
gram in fiscal years 2008 and 2009 is less than the
amount of the fiscal year 2008 Fissile Materials Dis-
position program funds, an amount within fiscal
year 2008 Fissile Materials Disposition program
funds that is equal to the difference between the
amount of fiscal year 2008 Fissile Materials Disposi-
tion program funds and such aggregate amount shall
not be available for the Fissile Materials Disposition
program, but shall be available instead for any de-
fense nuclear nonproliferation activities (other than
the Fissile Materials Disposition program) for which
amounts are authorized to be appropriated by section
3101(a)(2).
(c) FISCAL YEAR 2008 FISSILE MATERIALS DISPOSI-
TION PROGRAM FUNDS DEFINED.—In this section, the term
‘‘fiscal year 2008 Fissile Materials Disposition program
funds’’ means amounts authorized to be appropriated by
section 3101(a)(2) and available for the Fissile Materials
Disposition program.
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SEC. 3113. MODIFICATION OF LIMITATIONS ON AVAIL-
ABILITY OF FUNDS FOR WASTE TREATMENT
AND IMMOBILIZATION PLANT.
Paragraph (2) of section 3120(a) of the John Warner
National Defense Authorization Act for Fiscal Year 2007
(Public Law 109–364; 120 Stat. 2510) is amended—
(1) by striking ‘‘the Defense Contract Manage-
ment Agency has recommended for acceptance’’ and
inserting ‘‘an independent entity has reviewed’’; and
(2) by inserting ‘‘and that the system has been
certified by the Secretary for use by a construction
contractor at the Waste Treatment and Immobiliza-
tion Plant’’ after ‘‘Waste Treatment and Immobiliza-
tion Plant’’.
Subtitle C—Other Matters
SEC. 3121. NUCLEAR TEST READINESS.
(a) REPEAL OF REQUIREMENTS ON READINESS POS-
TURE.—Section 3113 of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat.
1743; 50 U.S.C. 2528a) is repealed.
(b) REPORTS ON NUCLEAR TEST READINESS POS-
TURES.—
(1) IN GENERAL.—Section 4208 of the Atomic
Energy Defense Act (50 U.S.C. 2528) is amended to
read as follows:
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‘‘SEC. 4208. REPORTS ON NUCLEAR TEST READINESS.
‘‘(a) IN GENERAL.—Not later than March 1, 2009, and
every odd-numbered year thereafter, the Secretary of En-
ergy shall submit to the congressional defense committees
a report on the nuclear test readiness of the United States.
‘‘(b) ELEMENTS.—Each report under subsection (a)
shall include, current as of the date of such report, the fol-
lowing:
‘‘(1) An estimate of the period of time that would
be necessary for the Secretary of Energy to conduct
an underground test of a nuclear weapon once di-
rected by the President to conduct such a test.
‘‘(2) A description of the level of test readiness
that the Secretary of Energy, in consultation with the
Secretary of Defense, determines to be appropriate.
‘‘(3) A list and description of the workforce skills
and capabilities that are essential to carrying out an
underground nuclear test at the Nevada Test Site.
‘‘(4) A list and description of the infrastructure
and physical plant that are essential to carrying out
an underground nuclear test at the Nevada Test Site.
‘‘(5) An assessment of the readiness status of the
skills and capabilities described in paragraph (3) and
the infrastructure and physical plant described in
paragraph (4).