Pub. L. 110-417, tit. XXXI, subtit. C, sec. 3122
REPORT ON COMPLIANCE WITH DESIGN BASIS THREAT ISSUED BY THE DEPARTMENT OF ENERGY IN 2005.
SEC. 3122. 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.