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(8) the United States and the declared nuclear
weapons state parties to the Nuclear Non-Prolifera-
tion Treaty should work to decrease reliance on, and
the importance of, nuclear weapons; and
(9) the United States should formulate any deci-
sion on whether to manufacture or deploy a reliable
replacement warhead within the broader context of
the progress made by the United States toward
achieving each of the goals described in paragraphs
(1) through (8).
SEC. 3123. REPORT ON STATUS OF ENVIRONMENTAL MAN-
AGEMENT INITIATIVES TO ACCELERATE THE
REDUCTION OF ENVIRONMENTAL RISKS AND
CHALLENGES POSED BY THE LEGACY OF THE
COLD WAR.
(a) IN GENERAL.—On the date described in subsection
(d), the Secretary of Energy shall submit to the congres-
sional defense committees and the Comptroller General of
the United States a report on the status of the environ-
mental management initiatives described in subsection (c)
undertaken to accelerate the reduction of the environmental
risks and challenges that, as a result of the legacy of the
Cold War, are faced by the Department of Energy, contrac-
tors of the Department, and applicable Federal and State
agencies with regulatory jurisdiction.
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(b) ELEMENTS.—The report required by subsection (a)
shall include the following:
(1) A discussion of the progress made in reduc-
ing the environmental risks and challenges described
in subsection (a) in each of the following areas:
(A) Acquisition strategy and contract man-
agement.
(B) Regulatory agreements.
(C) Interim storage and final disposal of
high-level waste, spent nuclear fuel, transuranic
waste, and low-level waste.
(D) Closure and transfer of environmental
remediation sites.
(E) Achievements in innovation by contrac-
tors of the Department with respect to acceler-
ated risk reduction and cleanup.
(F) Consolidation of special nuclear mate-
rials and improvements in safeguards and secu-
rity.
(2) An assessment of the progress made in
streamlining risk reduction processes of the environ-
mental management program of the Department.
(3) An assessment of the progress made in im-
proving the responsiveness and effectiveness of the en-
vironmental management program of the Department.
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(4) Any proposals for legislation that the Sec-
retary considers necessary to carry out the environ-
mental management initiatives described in sub-
section (c) and the justification for each such pro-
posal.
(5) A list of the mandatory milestones and com-
mitments set forth in each enforceable cleanup agree-
ment or other type of agreement covering or applica-
ble to environmental management and cleanup activi-
ties at any site of the Department, the status of the
efforts of the Department to meet such milestones and
commitments, and if the Secretary determines that
the Department will be unable to achieve any such
milestone or commitment, a statement setting forth
the reasons the Department will be unable to achieve
such milestone or commitment.
(6) An estimate of the life cycle cost of the envi-
ronmental management program, including the fol-
lowing:
(A) A list of the environmental projects
being reviewed for potential inclusion in the en-
vironmental management program as of October
1, 2007, and an estimated date by which a deter-
mination will be made to include or exclude each
such project.
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(B) A list of environmental projects not
being considered for potential inclusion in the
environmental management program as of Octo-
ber 1, 2007, but that are likely to be included in
the next five years, and an estimated date by
which a determination will be made to include
or exclude each such project.
(C) A list of projects in the environmental
management program as of October 1, 2007, for
which an audit of the cost estimate of the project
has been completed, and the estimated date by
which such an audit will be completed for each
such project for which such an audit has not
been completed.
(D) The estimated schedule for production
of a revised life cycle cost estimate for the envi-
ronmental management program incorporating
the information described in subparagraphs (A),
(B), and (C).
(c) INITIATIVES
DESCRIBED.—The environmental
management initiatives described in this subsection are the
initiatives arising out of the report titled ‘‘Top-to-Bottom
Review of the Environmental Management Program’’ and
dated February 4, 2002, with respect to the environmental
restoration and waste management activities of the Depart-
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ment in carrying out programs necessary for national secu-
rity.
(d) DATE OF SUBMITTAL.—The date described in this
subsection is the date on which the budget justification ma-
terials in support of the Department of Energy budget for
fiscal year 2009 (as submitted with the budget of the Presi-
dent under section 1105(a) of title 31, United States Code)
are submitted to Congress.
(e) REVIEW BY COMPTROLLER GENERAL.—Not later
than 180 days after the date described in subsection (d),
the Comptroller General shall submit to the congressional
defense committees a report containing a review of the re-
port required by subsection (a).
SEC. 3124. COMPTROLLER GENERAL REPORT ON DEPART-
MENT OF ENERGY PROTECTIVE FORCE MAN-
AGEMENT.
(a) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act, the Comptroller General
of the United States shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the
management of the protective forces of the Department of
Energy.
(b) CONTENTS.—The report shall include the following:
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(1) A description of the management and con-
tractual structure for protective forces at each Depart-
ment of Energy site with Category I nuclear mate-
rials.
(2) A statement of the number and category of
protective force members at each site described in
paragraph (1) and an assessment of whether the pro-
tective force at each such site is adequately staffed,
trained, and equipped to comply with the require-
ments of the Design Basis Threat issued by the De-
partment of Energy in November 2005.
(3) A description of the manner in which each
site described in paragraph (1) is moving to a tac-
tical response force as required by the policy of the
Department of Energy and an assessment of the
issues or problems, if any, involved in the moving to
a tactical response force at such site.
(4) A description of the extent to which the pro-
tective force at each site described in paragraph (1)
has been assigned or is responsible for law enforce-
ment or law-enforcement related activities.
(5) An analysis comparing the management,
training, pay, benefits, duties, responsibilities, and
assignments of the protective force at each site de-
scribed in paragraph (1) with the management,
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training, pay, benefits, duties, responsibilities, and
assignments of the Federal transportation security
force of the Department of Energy.
(6) A statement of options for managing the pro-
tective force at sites described in paragraph (1) in a
more uniform manner, an analysis of the advantages
and disadvantages of each option, and an assessment
of the approximate cost of each option when compared
with the costs associated with the existing manage-
ment of the protective force at such sites.
(c) FORM.—The report shall be submitted in unclassi-
fied form, but may include a classified annex.
SEC. 3125. TECHNICAL AMENDMENTS.
The Atomic Energy Defense Act (50 U.S.C. 2521 et
seq.) is amended as follows:
(1) The heading of section 4204a (50 U.S.C.
2524a) is amended to read as follows:
‘‘SEC. 4204A. RELIABLE REPLACEMENT WARHEAD PRO-
GRAM.’’.
(2) The table of contents for that Act is amended
by inserting after the item relating to section 4204 the
following new item:
‘‘Sec. 4204A. Reliable Replacement Warhead program.’’.
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Subtitle D—Nuclear Terrorism
Prevention
SEC. 3131. DEFINITIONS.
In this subtitle:
(1) The term ‘‘Convention on the Physical Pro-
tection of Nuclear Material’’ means the Convention on
the Physical Protection of Nuclear Material, signed at
New York and Vienna March 3, 1980.
(2) The term ‘‘formula quantities of strategic
special nuclear material’’ means uranium–235 (con-
tained in uranium enriched to 20 percent or more in
the U–235 isotope), uranium–233, or plutonium in
any combination in a total quantity of 5,000 grams
or more computed by the formula, grams = (grams
contained U–235) + 2.5 (grams U–233 + grams plu-
tonium), as set forth in the definitions of ‘‘formula
quantity’’ and ‘‘strategic special nuclear material’’ in
section 73.2 of title 10, Code of Federal Regulations.
(3) The term ‘‘Nuclear Non-Proliferation Trea-
ty’’ means the Treaty on the Non-Proliferation of Nu-
clear Weapons, done at Washington, London, and
Moscow July 1, 1968, and entered into force March
5, 1970 (21 UST 483).
(4) The term ‘‘nuclear weapon’’ means any de-
vice utilizing atomic energy, exclusive of the means
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for transporting or propelling the device (where such
means is a separable and divisible part of the device),
the principal purpose of which is for use as, or for
the development of, a weapon, a weapon prototype, or
a weapon test device.
SEC. 3132. FINDINGS.
Congress makes the following findings:
(1) The possibility that terrorists may acquire
and use a nuclear weapon against the United States
is the most horrific threat that our Nation faces.
(2) The September 2006 ‘‘National Strategy for
Combating Terrorism’’ issued by the White House
states, ‘‘Weapons of mass destruction in the hands of
terrorists is one of the gravest threats we face.’’
(3) Former Senator and cofounder of the Nuclear
Threat Initiative Sam Nunn has stated, ‘‘Stockpiles
of loosely guarded nuclear weapons material are scat-
tered around the world, offering inviting targets for
theft or sale. We are working on this, but I believe
that the threat is outrunning our response.’’.
(4) Existing programs intended to secure, mon-
itor, and reduce nuclear stockpiles, redirect nuclear
scientists, and interdict nuclear smuggling have made
substantial progress, but additional efforts are needed