[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3004 Engrossed in Senate (ES)]
110th CONGRESS
2d Session
S. 3004
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2009 for defense activities
of the Department of Energy, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Energy National
Security Act for Fiscal Year 2009''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Congressional defense committees.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS 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. Modification of functions of Administrator for Nuclear
Security to include elimination of surplus
fissile materials usable for nuclear
weapons.
Sec. 3112. Report on compliance with Design Basis Threat issued by the
Department of Energy in 2005.
Sec. 3113. Modification of submittal of reports on inadvertent releases
of restricted data.
Sec. 3114. Nonproliferation scholarship and fellowship program.
Sec. 3115. Review of and reports on Global Initiatives for
Proliferation Prevention program.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term ``congressional defense
committees'' has the meaning given that term in section 101(a)(16) of
title 10, United States Code.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
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 2009 for
the activities of the National Nuclear Security Administration in
carrying out programs necessary for national security in the amount of
$9,641,892,000, to be allocated as follows:
(1) For weapons activities, $6,610,701,000.
(2) For defense nuclear nonproliferation activities,
including $538,782,000 for fissile materials disposition,
$1,799,056,000.
(3) For naval reactors, $828,054,000.
(4) For the Office of the Administrator for Nuclear
Security, $404,081,000.
(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 new plant projects for the National
Nuclear Security Administration as follows:
(1) For readiness in technical base and facilities, the
following new plant projects:
Project 09-D-404, Test Capabilities Revitalization
Phase 2, Sandia National Laboratory, Albuquerque, New
Mexico, $3,200,000.
Project 08-D-806, Ion Beam Laboratory Project,
Sandia National Laboratory, Albuquerque, New Mexico,
$10,014,000.
(2) For naval reactors, the following new plant projects:
Project 09-D-902, Naval Reactors Facility
Production Support Complex, Naval Reactors Facility,
Idaho Falls, Idaho, $8,300,000.
Project 09-D-190, Project engineering and design,
Knolls Atomic Power Laboratory infrastructure upgrades,
Knolls Atomic Power Laboratory, Kesselring Site,
Schenectady, New York, $1,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2009 for defense environmental cleanup
activities in carrying out programs necessary for national security in
the amount of $5,297,256,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2009 for other defense activities in carrying
out programs necessary for national security in the amount of
$826,453,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2009 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
$197,371,000.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. MODIFICATION OF FUNCTIONS OF ADMINISTRATOR FOR NUCLEAR
SECURITY TO INCLUDE ELIMINATION OF SURPLUS FISSILE
MATERIALS USABLE FOR NUCLEAR WEAPONS.
Section 3212(b)(1) of the National Nuclear Security Administration
Act (50 U.S.C. 2402(b)(1)) is amended--
(1) by redesignating paragraph (18) as paragraph (19); and
(2) by inserting after paragraph (17) the following new
paragraph (18):
``(18) Eliminating inventories of surplus fissile materials
usable for nuclear weapons.''.
SEC. 3112. REPORT ON COMPLIANCE WITH DESIGN BASIS THREAT ISSUED BY THE
DEPARTMENT OF ENERGY IN 2005.
(a) In General.--Not later than January 2, 2009, the Secretary of
Energy shall submit to the congressional defense committees a report
setting forth the status of the compliance of Department of Energy
sites with the Design Basis Threat issued by the Department in November
2005 (in this section referred to as the ``2005 Design Basis Threat'').
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) For each Department of Energy site subject to the 2005
Design Basis Threat, an assessment of whether the site has
achieved compliance with the 2005 Design Basis Threat.
(2) For each such site that has not achieved compliance
with the 2005 Design Basis Threat--
(A) a description of the reasons for the failure to
achieve compliance;
(B) a plan to achieve compliance;
(C) a description of the actions that will be taken
to mitigate any security shortfalls until compliance is
achieved; and
(D) an estimate of the annual funding requirements
to achieve compliance.
(3) A list of such sites with Category I nuclear materials
that the Secretary determines will not achieve compliance with
the 2005 Design Basis Threat.
(4) For each site identified under paragraph (3), a plan to
remove all Category I nuclear materials from such site,
including--
(A) a schedule for the removal of such nuclear
materials from such site;
(B) a clear description of the actions that will be
taken to ensure the security of such nuclear materials;
and
(C) an estimate of the annual funding requirements
to remove such nuclear materials from such site.
(5) An assessment of the adequacy of the 2005 Design Basis
Threat in addressing security threats at Department of Energy
sites, and a description of any plans for updating, modifying,
or otherwise revising the approach taken by the 2005 Design
Basis Threat to establish enhanced security requirements for
Department of Energy sites.
SEC. 3113. MODIFICATION OF SUBMITTAL OF REPORTS ON INADVERTENT RELEASES
OF RESTRICTED DATA.
(a) In General.--Section 4522 of the Atomic Energy Defense Act (50
U.S.C. 2672) is amended--
(1) in subsection (e), by striking ``on a periodic basis''
and inserting ``in each even-numbered year''; and
(2) in subsection (f), by striking paragraph (2) and
inserting the following new paragraph (2):
``(2) The Secretary of Energy shall, in each even-numbered year
beginning in 2010, submit to the committees and Assistant to the
President specified in subsection (d) a report identifying any
inadvertent releases of Restricted Data or Formerly Restricted Data
under Executive Order No. 12958 discovered in the two-year period
preceding the submittal of the report.''.
(b) Technical Correction.--Subsection (e) of such section, as
amended by subsection (a)(1) of this section, is further amended by
striking ``subsection (b)(4)'' and inserting ``subsection (b)(5)''.
SEC. 3114. NONPROLIFERATION SCHOLARSHIP AND FELLOWSHIP PROGRAM.
(a) Establishment.--The Administrator for Nuclear Security shall
carry out a program to provide scholarships and fellowships for the
purpose of enabling individuals to qualify for employment in the
nonproliferation programs of the Department of Energy.
(b) Eligible Individuals.--An individual shall be eligible for a
scholarship or fellowship under the program established under this
section if the individual--
(1) is a citizen or national of the United States or an
alien lawfully admitted to the United States for permanent
residence;
(2) has been accepted for enrollment or is currently
enrolled as a full-time student at an institution of higher
education (as defined in section 102(a) of the Higher Education
Act of 1965 (20 U.S.C. 1002(a));
(3) is pursuing a program of education that leads to an
appropriate higher education degree in a qualifying field of
study, as determined by the Administrator;
(4) enters into an agreement described in subsection (c);
and
(5) meets such other requirements as the Administrator
prescribes.
(c) Agreement.--An individual seeking a scholarship or fellowship
under the program established under this section shall enter into an
agreement, in writing, with the Administrator that includes the
following:
(1) The agreement of the Administrator to provide such
individual with a scholarship or fellowship in the form of
educational assistance for a specified number of school years
(not to exceed five school years) during which such individual
is pursuing a program of education in a qualifying field of
study, which educational assistance may include payment of
tuition, fees, books, laboratory expenses, and a stipend.
(2) The agreement of such individual--
(A) to accept such educational assistance;
(B) to maintain enrollment and attendance in a
program of education described in subsection (b)(2)
until such individual completes such program;
(C) while enrolled in such program, to maintain
satisfactory academic progress in such program, as
determined by the institution of higher education in
which such individual is enrolled; and
(D) after completion of such program, to serve as a
full-time employee in a nonproliferation position in
the Department of Energy or at a laboratory of the
Department for a period of not less than 12 months for
each school year or part of a school year for which
such individual receives a scholarship or fellowship
under the program established under this section.
(3) The agreement of such individual with respect to the
repayment requirements specified in subsection (d).
(d) Repayment.--
(1) In general.--An individual receiving a scholarship or
fellowship under the program established under this section
shall agree to pay to the United States the total amount of
educational assistance provided to such individual under such
program, plus interest at the rate prescribed by paragraph (4),
if such individual--
(A) does not complete the program of education
agreed to pursuant to subsection (c)(2)(B);
(B) completes such program of education but
declines to serve in a position in the Department of
Energy or at a laboratory of the Department as agreed
to pursuant to subsection (c)(2)(D); or
(C) is voluntarily separated from service or
involuntarily separated for cause from the Department
of Energy or a laboratory of the Department before the
end of the period for which such individual agreed to
continue in the service of the Department pursuant to
subsection (c)(2)(D).
(2) Failure to repay.--If an individual who received a
scholarship or fellowship under the program established under
this section is required to repay, pursuant to an agreement
under paragraph (1), the total amount of educational assistance
provided to such individual under such program, plus interest
at the rate prescribed by paragraph (4), and fails repay such
amount, a sum equal to such amount (plus such interest) is
recoverable by the United States Government from such
individual or the estate of such individual by--
(A) in the case of an individual who is an employee
of the United States Government, setoff against accrued
pay, compensation, amount of retirement credit, or
other amount due the employee from the Government; or
(B) such other method as is provided by law for the
recovery of amounts owed to the Government.
(3) Waiver of repayment.--The Administrator may waive, in
whole or in part, repayment by an individual under this
subsection if the Administrator determines that seeking
recovery under paragraph (2) would be against equity and good
conscience or would be contrary to the best interests of the
United States.
(4) Rate of interest.--For purposes of repayment under this
subsection, the total amount of educational assistance provided
to an individual under the program established under this
section shall bear interest at the applicable rate of interest
under section 427A(c) of the Higher Education Act of 1965 (20
U.S.C. 1077a(c)).
(e) Preference for Cooperative Education Students.--In evaluating
individuals for the award of a scholarship or fellowship under the
program established under this section, the Administrator may give a
preference to an individual who is enrolled in, or accepted for
enrollment in, an institution of higher education that has a
cooperative education program with the Department of Energy.
(f) Coordination of Benefits.--A scholarship or fellowship awarded
under the program established under this section shall be taken into
account in determining the eligibility of an individual receiving such
scholarship or fellowship for Federal student financial assistance
provided under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.).
(g) Report to Congress.--Not later than January 1, 2010, the
Administrator shall submit to the congressional defense committees a
report on the activities carried out under the program established
under this section, including any recommendations for future activities
under such program.
(h) Funding.--Of the amounts authorized to be appropriated by
section 3101(a)(2) for defense nuclear nonproliferation activities,
$3,000,000 shall be available to carry out the program established
under this section.
SEC. 3115. REVIEW OF AND REPORTS ON GLOBAL INITIATIVES FOR
PROLIFERATION PREVENTION PROGRAM.
(a) Review of Program.--
(1) In general.--The Administrator for Nuclear Security
shall conduct a review of the Global Initiatives for
Proliferation Prevention program.
(2) Report required.--Not later than February 1, 2009, the
Administrator shall submit to the congressional defense
committees a report setting forth the results of the review
required under paragraph (1). The report shall include the
following:
(A) A description of the goals of the Global
Initiatives for Proliferation Prevention program and
the criteria for partnership projects under the
program.
(B) Recommendations regarding the following:
(i) Whether to continue or bring to a close
each of the partnership projects under the
program in existence on the date of the
enactment of this Act, and, if any such project
is recommended to be continued, a description
of how that project will meet the criteria
under subparagraph (A).
(ii) Whether to enter into new partnership
projects under the program with Russia or other
countries of the former Soviet Union.
(iii) Whether to enter into new partnership
projects under the program in countries other
than countries of the former Soviet Union.
(C) A plan for completing partnership projects
under the program with the countries of the former
Soviet Union by 2012.
(b) Report on Funding for Projects Under Program.--
(1) In general.--The Administrator shall submit to the
congressional defense committees a report on--
(A) the purposes for which amounts made available
for the Global Initiatives for Proliferation Prevention
program for fiscal year 2009 will be obligated or
expended; and
(B) the amount to be obligated or expended for each
partnership project under the program in fiscal year
2009.
(2) Limitation on funding before submittal of report.--None
of the amounts authorized to be appropriated for fiscal year
2009 by section 3101(a)(2) for defense nuclear nonproliferation
activities and available for the Global Initiatives for
Proliferation Prevention program may be obligated or expended
until the date that is 30 days after the date on which the
Administrator submits to the congressional defense committees
the report required under paragraph (1).
(c) Limitation on Funding for Global Nuclear Energy Partnership.--
None of the amounts authorized to be appropriated for fiscal year 2009
by section 3101(a)(2) for defense nuclear nonproliferation activities
and available for the Global Initiatives for Proliferation Prevention
program may be used for projects related to energy security that could
promote the Global Nuclear Energy Partnership.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2009,
$28,968,574 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
Passed the Senate September 17, 2008.
Attest:
Secretary.
110th CONGRESS
2d Session
S. 3004
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2009 for defense activities
of the Department of Energy, and for other purposes.