S. 3457

Department of Energy National Security Act for Fiscal Year 2011

Latest
Contents

II

Calendar No. 417

111th CONGRESS

2d Session

S. 3457

IN THE SENATE OF THE UNITED STATES

June 4, 2010

Mr. Levin, from the Committee on Armed Services reported, under authority of the order of the Senate of May 28 (legislative day, May 26), 2010, the following original bill; which was read twice and placed on the calendar

A BILL

To authorize appropriations for fiscal year 2011 for defense activities of the Department of Energy, and for other purposes.

1.

Short title

This Act may be cited as the Department of Energy National Security Act for Fiscal Year 2011.

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.

Subtitle B—Program Authorizations, Restrictions, and Limitations

Sec. 3111. Assessment of adequacy of budget requests with respect to maintaining the nuclear weapons stockpile.

Sec. 3112. Biennial plan on modernization and refurbishment of the nuclear security complex.

Sec. 3113. Future-years defense environmental management plan.

Sec. 3114. Notification of cost overruns for certain Department of Energy projects.

Sec. 3115. Authority to purchase or lease aircraft necessary to support the mission of the National Nuclear Security Administration.

Sec. 3116. Limitation on use of funds for establishment of centers of excellence in countries outside of the former Soviet Union.

Sec. 3117. Extension of authority of Secretary of Energy for appointment of certain scientific, engineering, and technical personnel.

Sec. 3118. Extension of authority of Secretary of Energy to enter into transactions to carry out certain research projects.

Sec. 3119. Extension of deadline for cooperation with the Russian Federation with respect to development of nuclear materials protection, control, and accounting program.

Sec. 3120. Repeal of sunset provision for modification of minor construction threshold for plant projects.

Sec. 3121. Extension of deadline for transfer of parcels of land to be conveyed to Los Alamos County, New Mexico, and held in trust for the Pueblo of San Ildefonso.

Subtitle C—Other Matters

Sec. 3131. Department of Energy energy parks program.

Sec. 3132. Reclassification of certain appropriations for the National Nuclear Security Administration.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

TITLE XXXIII—Maritime Administration

Sec. 3301. Maritime Administration.

DIVISION D—Funding Tables

Sec. 4001. Authorization of amounts in funding tables.

TITLE XLVI—Department of Energy National Security Programs

Sec. 4601. Department of Energy national security programs.

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.

C

DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

XXXI

DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

A

National Security Programs Authorizations

3101.

National Nuclear Security Administration

(a)

Authorization of appropriations

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2011 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4601.

(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 project:

Project 11–D–801, TA55 Reinvestment Project–Phase II, Los Alamos National Laboratory, Los Alamos, New Mexico, $20,000,000.

(2)

For site stewardship, the following new plant project:

Project 11–D–601, sanitary effluent reclamation facility expansion, Los Alamos National Laboratory, Los Alamos, New Mexico, $15,000,000.

3102.

Defense environmental cleanup

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2011 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4601.

3103.

Other defense activities

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2011 for other defense activities in carrying out programs as specified in the funding table in section 4601.

B

Program Authorizations, Restrictions, and Limitations

3111.

Assessment of adequacy of budget requests with respect to maintaining the nuclear weapons stockpile

(a)

In general

Section 3255 of the National Nuclear Security Administration Act (50 U.S.C. 2455) is amended to read as follows:

3255.

Assessment of adequacy of budget requests with respect to maintaining the nuclear weapons stockpile

(a)

Assessment of adequacy of budget requests

(1)

In general

The Administrator shall include with the nuclear security budget materials submitted for each fiscal year an assessment by the Administrator of whether the budget materials specified in paragraph (2) provide for funding of the nuclear security complex and programs and activities to be carried out during that fiscal year at a level adequate to support the plans, programs, and activities described in the plan for maintaining the nuclear weapons stockpile required by section 4203 of the Atomic Energy Defense Act (50 U.S.C. 2523).

(2)

Budget materials specified

The budget materials specified in this paragraph are the budget for a fiscal year and the future-years nuclear security program submitted to Congress in relation to that budget under section 3253.

(b)

Assessment of risks and implications of inadequate funding

(1)

In general

If the Administrator determines under subsection (a) that funding requested for a fiscal year for the nuclear security complex is inadequate to support the plans, programs, and activities referred to in subsection (a), the Administrator shall include with the nuclear security budget materials for that fiscal year an assessment of the risks and implications of inadequate funding with respect to the ability of the nuclear security complex—

(A)

to support the annual certification of the nuclear weapons stockpile under section 4203 of the Atomic Energy Defense Act; and

(B)

to maintain the long-term safety, security, and reliability of the nuclear weapons stockpile.

(2)

Coordination

In making the assessment described in paragraph (1), the Administrator shall coordinate in advance with the Secretary of Defense and the Commander of the United States Strategic Command.

(c)

Definitions

In this section:

(1)

Budget

The term budget means the budget for a fiscal year that is submitted to Congress by the President under section 1105(a) of title 31, United States Code.

(2)

Nuclear security budget materials

The term nuclear security budget materials means the materials submitted to Congress by the Administrator in support of the budget for a fiscal year.

(3)

Nuclear security complex

The term nuclear security complex means the physical facilities, technology, and human capital of the following:

(A)

The national security laboratories.

(B)

The Kansas City Plant, Kansas City, Missouri.

(C)

The Nevada Test Site, Nevada.

(D)

The Savannah River Site, Aiken, South Carolina.

(E)

The Y-12 National Security Complex, Oak Ridge, Tennessee.

(F)

The Pantex Plant, Amarillo, Texas.

.

(b)

Clerical amendment

The table of contents for the National Nuclear Security Administration Act is amended by striking the item relating to section 3255 and inserting the following new item:

Sec. 3255. Assessment of adequacy of budget requests with respect to maintaining the nuclear weapons stockpile.

.

3112.

Biennial plan on modernization and refurbishment of the nuclear security complex

(a)

In general

Subtitle A of title XLII of the Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is amended by inserting after section 4203 the following new section:

4203A.

Biennial plan on modernization and refurbishment of the nuclear security complex

(a)

In general

In each even-numbered year beginning after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2011, the Secretary of Energy, acting through the Administrator for Nuclear Security, shall include in the plan for maintaining the nuclear weapons stockpile required by section 4203 a plan for the modernization and refurbishment of the nuclear security complex.

(b)

Plan design

(1)

In general

The plan required by subsection (a) shall be designed to ensure that the nuclear security complex is capable of supporting the following:

(A)

Except as provided in paragraph (2), the national security strategy of the United States as set forth in the most recent national security strategy report of the President under section 108 of the National Security Act of 1947 (50 U.S.C. 404a).

(B)

The nuclear posture of the United States as set forth in the most recent Nuclear Posture Review.

(2)

Exception

If, at the time the plan is submitted under subsection (a), a national security strategy report has not been submitted to Congress under section 108 of the National Security Act of 1947, the plan required by subsection (a) shall be designed to ensure that the nuclear security complex is capable of supporting the national defense strategy recommended in the report of the most recent Quadrennial Defense Review.

(c)

Plan elements

The plan required by subsection (a) shall include the following:

(1)

A description of the modernization and refurbishment measures the Secretary determines necessary to meet the requirements of—

(A)

the national security strategy of the United States as set forth in the most recent national security strategy report of the President under section 108 of the National Security Act of 1947 or the national defense strategy recommended in the report of the most recent Quadrennial Defense Review, as applicable under subsection (b); and

(B)

the Nuclear Posture Review.

(2)

A schedule for implementing the measures described in paragraph (1) during the ten years following the date on which the plan for maintaining the nuclear weapons stockpile required by section 4203 and into which the plan required by subsection (a) is incorporated is submitted to Congress under section 4203(c).

(3)

An estimate of the annual funds the Administrator determines necessary to carry out the plan required by subsection (a), including a discussion of the criteria, evidence, and strategies on which the estimate is based.

(d)

Definitions

In this section:

(1)

Nuclear security complex

The term nuclear security complex means the physical facilities, technology, and human capital of the following:

(A)

The national security laboratories (as defined in section 3281 of the National Nuclear Security Administration Act (50 U.S.C. 2471)).

(B)

The Kansas City Plant, Kansas City, Missouri.

(C)

The Nevada Test Site, Nevada.

(D)

The Savannah River Site, Aiken, South Carolina.

(E)

The Y-12 National Security Complex, Oak Ridge, Tennessee.

(F)

The Pantex Plant, Amarillo, Texas.

(2)

Quadrennial Defense Review

The term Quadrennial Defense Review means the review of the defense programs and policies of the United States that is carried out every four years under section 118 of title 10, United States Code.

.

(b)

Clerical amendment

The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4203 the following new item:

Sec. 4203A. Biennial plan on modernization and refurbishment of the nuclear security complex.

.

3113.

Future-years defense environmental management plan

(a)

In general

Title XLIV of the Atomic Energy Defense Act (50 U.S.C. 2581 et seq.) is amended by inserting after section 4402 the following new section:

4402A.

Future-years defense environmental management plan

(a)

In general

The Secretary of Energy shall submit to Congress each year, at or about the same time that the President’s budget is submitted to Congress for a fiscal year under section 1105(a) of title 31, United States Code, a future-years defense environmental management plan that—

(1)

reflects the estimated expenditures and proposed appropriations included in that budget for the Department of Energy for environmental management; and

(2)

covers a period that includes the fiscal year for which that budget is submitted and not less than the four succeeding fiscal years.

(b)

Elements

Each future-years defense environmental management plan required by subsection (a) shall contain the following:

(1)

A detailed description of the projects and activities relating to defense environmental management to be carried out during the period covered by the plan at the sites specified in subsection (c) and with respect to the activities specified in subsection (d).

(2)

A statement of proposed budget authority, estimated expenditures, and proposed appropriations necessary to support such projects and activities.

(3)

With respect to each site specified in subsection (c), the following:

(A)

A statement of each milestone included in an enforceable agreement governing cleanup and waste remediation for that site for each fiscal year covered by the plan.

(B)

For each such milestone, a statement with respect to whether each such milestone will be met in each such fiscal year.

(C)

For any milestone that will not be met, an explanation of why the milestone will not be met and the date by which the milestone is expected to be met.

(c)

Sites specified

The sites specified in this subsection are the following:

(1)

The Idaho National Laboratory, Idaho.

(2)

The Waste Isolation Pilot Plant, Carlsbad, New Mexico.

(3)

The Savannah River Site, Aiken, South Carolina.

(4)

The Oak Ridge National Laboratory, Oak Ridge, Tennessee.

(5)

The Hanford Site, Richland, Washington.

(6)

Any defense closure site of the Department of Energy.

(7)

Any site of the National Nuclear Security Administration.

(d)

Activities specified

The activities specified in this subsection are the following:

(1)

Program support.

(2)

Program direction.

(3)

Safeguards and security.

(4)

Technology development and deployment.

(5)

Federal contributions to the Uranium Enrichment Decontamination and Decommissioning Fund established under section 1801 of the Atomic Energy Act of 1954 (42 U.S.C. 2297g).

.

(b)

Clerical amendment

The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4402 the following new item:

Sec. 4402A. Future-years defense environmental management plan.

.

3114.

Notification of cost overruns for certain Department of Energy projects

(a)

In general

Subtitle A of title XLVII of the Atomic Energy Defense Act (50 U.S.C. 2741 et seq.) is amended by adding at the end the following new section:

4713.

Notification of cost overruns for certain Department of Energy projects

(a)

Establishment of cost and schedule baselines

(1)

Stockpile life extension projects

(A)

In general

The Administrator for Nuclear Security shall establish a cost and schedule baseline for each nuclear stockpile life extension project of the National Nuclear Security Administration.

(B)

Per unit cost

The cost baseline developed under subparagraph (A) shall include, with respect to each life extension project, an estimated cost for each warhead in the project.

(C)

Notification to congressional defense committees

Not later than 30 days after establishing a cost and schedule baseline under subparagraph (A), the Administrator shall submit the cost and schedule baseline to the congressional defense committees.

(2)

Defense-funded construction projects

(A)

In general

The Secretary of Energy shall establish a cost and schedule baseline under the project management protocols of the Department of Energy for each construction project carried out by the Department using funds authorized to be appropriated for a fiscal year pursuant to a DOE national security authorization.

(B)

Notification to congressional defense committees

Not later than 30 days after establishing a cost and schedule baseline under subparagraph (A), the Secretary shall submit the cost and schedule baseline to the congressional defense committees.

(3)

Defense environmental management projects

(A)

In general

The Secretary shall establish a cost and schedule baseline under the project management protocols of the Department of Energy for each defense environmental management project carried out by the Department pursuant to such protocols.

(B)

Notification to congressional defense committees

Not later than 30 days after establishing a cost and schedule baseline under subparagraph (A) for a project with a total cost in excess of $100,000,000, the Secretary shall submit the cost and schedule baseline to the congressional defense committees.

(b)

Notification of costs or schedule exceeding baseline

The Administrator or the Secretary, as applicable, shall notify the congressional defense committees not later than 30 days after determining that—

(1)

the total cost for a project referred to in paragraph (1), (2), or (3) of subsection (a) will exceed an amount that is equal to 125 percent of the cost baseline established under subsection (a) for that project;

(2)

the total time required to complete such a project will be longer than 125 percent of the time specified in the schedule baseline established under subsection (a) for that project; and

(3)

in the case of a stockpile life extension project referred to in subsection (a)(1), the cost for any warhead in the project will exceed an amount that is equal to 125 percent of the cost baseline established under subsection (a)(1)(B) for each warhead in that project.

(c)

Notification of determination with respect to termination or continuation of projects

Not later than 90 days after submitting a notification under subsection (b) with respect to a project, the Administrator or the Secretary, as applicable, shall—

(1)

notify the congressional defense committees with respect to whether the project will be terminated or continued; and

(2)

if the project will be continued, certify to the congressional defense committees that—

(A)

a revised cost and schedule baseline has been established for the project and, in the case of a stockpile life extension project referred to in subsection (a)(1), a revised estimate of the cost for each warhead in the project has been made;

(B)

the continuation of the project is necessary to the mission of the Department of Energy and there is no alternative to the project that would meet the requirements of that mission; and

(C)

a management structure is in place adequate to manage and control the cost and schedule of the project.

(d)

Applicability of requirements to revised cost and schedule baselines

A revised cost and schedule baseline established under subsection (c) shall—

(1)

be submitted to the congressional defense committees with the certification submitted under subsection (c)(2); and

(2)

be subject to the notification requirements of subsections (b) and (c) in the same manner and to the same extent as a cost and schedule baseline established under subsection (a).

.

(b)

Clerical amendment

The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4712 the following new item:

Sec. 4713. Notification of cost overruns for certain Department of Energy projects.

.

3115.

Authority to purchase or lease aircraft necessary to support the mission of the National Nuclear Security Administration

The Administrator for Nuclear Security may obligate and expend amounts authorized to be appropriated by section 3101 or amounts otherwise made available to the National Nuclear Security Administration for any fiscal year before fiscal year 2012 and available for obligation to purchase or lease aircraft necessary to support the mission of the Administration.

3116.

Limitation on use of funds for establishment of centers of excellence in countries outside of the former Soviet Union

None of the funds authorized to be appropriated by section 3101 and made available by the funding table in section 4501 for defense nuclear nonproliferation activities may be obligated or expended to establish a center of excellence in a country that is not a state of the former Soviet Union until the date that is 15 days after the date on which the Administrator for Nuclear Security submits to the congressional defense committees a report that includes the following:

(1)

An identification of the country in which the center will be located.

(2)

A description of the purpose for which the center will be established.

(3)

The agreement under which the center will operate.

(4)

A funding plan for the center, including—

(A)

the amount of funds to be provided by the government of the country in which the center will be located; and

(B)

the percentage of the total cost of establishing and operating the center the funds described in subparagraph (A) will cover.

3117.

Extension of authority of Secretary of Energy 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, 2011 and inserting September 30, 2016.

3118.

Extension of authority of Secretary of Energy to enter into transactions to carry out certain research projects

Section 646(g)(10) of the Department of Energy Organization Act (42 U.S.C. 7256(g)(10)) is amended by striking September 30, 2010 and inserting September 30, 2015.

3119.

Extension of deadline for cooperation with the Russian Federation with respect to development of nuclear materials protection, control, and accounting program

Section 3156(b)(1) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (50 U.S.C. 2343(b)(1)) is amended by striking January 1, 2013 and inserting January 1, 2017.

3120.

Repeal of sunset provision for modification of minor construction threshold for plant projects

Section 3118 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2709) is amended—

(1)

by striking subsection (b);

(2)

by redesignating subsection (c) as subsection (b); and

(3)

in subsection (b), as so redesignated, by striking during fiscal year 2010.

3121.

Extension of deadline for transfer of parcels of land to be conveyed to Los Alamos County, New Mexico, and held 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 (42 U.S.C. 2391 note) is amended—

(1)

in subsection (d)(2), by striking November 26, 2012 and inserting September 30, 2022; and

(2)

in subsection (g)(3)(B), by striking November 26, 2012 and inserting September 30, 2022.

C

Other Matters

3131.

Department of Energy energy parks program

(a)

In general

The Secretary of Energy may establish a program to permit the establishment of energy parks on former defense nuclear facilities.

(b)

Objectives

The objectives for establishing energy parks pursuant to subsection (a) are the following:

(1)

To provide locations to carry out a broad range of projects relating to the development and deployment of energy technologies and related advanced manufacturing technologies.

(2)

To provide locations for the implementation of pilot programs and demonstration projects for new and developing energy technologies and related advanced manufacturing technologies.

(3)

To set a national example for the development and deployment of energy technologies and related advanced manufacturing technologies in a manner that will promote energy security, energy sector employment, and energy independence.

(4)

To create a business environment that encourages collaboration and interaction between the public and private sectors.

(c)

Consultation

In establishing an energy park pursuant to subsection (a), the Secretary shall consult with—

(1)

the local government with jurisdiction over the land on which the energy park will be located;

(2)

the local governments of adjacent areas; and

(3)

any community reuse organization recognized by the Secretary at the former defense nuclear facility on which the energy park will be located.

(d)

Report required

Not later than 120 days after the date of the enactment of this Act, the Secretary 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 implementation of the program under subsection (a). The report shall include such recommendations for additional legislative actions as the Secretary considers appropriate to facilitate the development of energy parks on former defense nuclear facilities.

(e)

Defense nuclear facility defined

In this section, the term defense nuclear facility has the meaning given the term Department of Energy defense nuclear facility in section 318 of the Atomic Energy Act of 1954 (42 U.S.C. 2286g).

3132.

Reclassification of certain appropriations for the National Nuclear Security Administration

(a)

Fiscal year 2009 appropriations

The matter under the heading weapons activities under the heading National Nuclear Security Administration under the heading Atomic Energy Defense Activities under the heading Department of Energy under title III of division C of the Omnibus Appropriations Act, 2009 (Public Law 111–8; 123 Stat. 621) is amended by striking the 09–D–007 LANSCE Refurbishment, PED, and inserting capital equipment acquisition, installation, and associated design funds for LANSCE,.

(b)

Fiscal year 2010 appropriations

The amount appropriated under the heading weapons activities under the heading National Nuclear Security Administration under the heading Atomic Energy Defense Activities under the heading Department of Energy under title III of the Energy and Water Development and Related Agencies Appropriations Act, 2010 (Public Law 111–85; 123 Stat. 2866) and made available for LANSCE Reinvestment, PED, Los Alamos National Laboratory, Los Alamos, New Mexico, shall be made available instead for capital equipment acquisition, installation, and associated design funds for LANSCE, Los Alamos National Laboratory, Los Alamos, New Mexico.

XXXII

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

3201.

Authorization

There are authorized to be appropriated for fiscal year 2011, $33,640,000 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.).

XXXIII

Maritime Administration

3301.

Maritime Administration

Section 109 of title 49, United States Code, is amended to read as follows:

109.

Maritime Administration

(a)

Organization

The Maritime Administration is an administration in the Department of Transportation.

(b)

Maritime administrator

The head of the Maritime Administration is the Maritime Administrator, who is appointed by the President by and with the advice and consent of the Senate.—The Administrator shall report directly to the Secretary of Transportation and carry out the duties prescribed by the Secretary.

(c)

Deputy maritime administrator

The Maritime Administration shall have a Deputy Maritime Administrator, who is appointed in the competitive service by the Secretary, after consultation with the Administrator. The Deputy Administrator shall carry out the duties prescribed by the Administrator. The Deputy Administrator shall be Acting Administrator during the absence or disability of the Administrator and, unless the Secretary designates another individual, during a vacancy in the office of Administrator.

(d)

Duties and powers vested in secretary

All duties and powers of the Maritime Administration are vested in the Secretary.

(e)

Regional offices

The Maritime Administration shall have regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port ranges, and may have other regional offices as necessary. The Secretary shall appoint a qualified individual as Director of each regional office. The Secretary shall carry out appropriate activities and programs of the Maritime Administration through the regional offices.

(f)

Interagency and industry relations

The Secretary shall establish and maintain liaison with other agencies, and with representative trade organizations throughout the United States, concerned with the transportation of commodities by water in the export and import foreign commerce of the United States, for the purpose of securing preference to vessels of the United States for the transportation of those commodities.

(g)

Detailing officers from armed forces

To assist the Secretary in carrying out duties and powers relating to the Maritime Administration, not more than five officers of the armed forces may be detailed to the Secretary at any one time, in addition to details authorized by any other law. During the period of a detail, the Secretary shall pay the officer an amount that, when added to the officer's pay and allowances as an officer in the armed forces, makes the officer's total pay and allowances equal to the amount that would be paid to an individual performing work the Secretary considers to be of similar importance, difficulty, and responsibility as that performed by the officer during the detail.

(h)

Contracts, cooperative agreements, and audits

(1)

Contracts and cooperative agreements

In the same manner that a private corporation may make a contract within the scope of its authority under its charter, the Secretary may make contracts and cooperative agreements for the United States Government and disburse amounts to—

(A)

carry out the Secretary's duties and powers under this section, subtitle V of title 46, and all other Maritime Administration programs; and

(B)

protect, preserve, and improve collateral held by the Secretary to secure indebtedness.

(2)

Audits

The financial transactions of the Secretary under paragraph (1) shall be audited by the Comptroller General. The Comptroller General shall allow credit for an expenditure shown to be necessary because of the nature of the business activities authorized by this section or subtitle V of title 46. At least once a year, the Comptroller General shall report to Congress any departure by the Secretary from this section or subtitle V of title 46.

(i)

Grant administrative expenses

Except as otherwise provided by law, the administrative and related expenses for the administration of any grant programs by the Maritime Administrator may not exceed 3 percent.

(j)

Authorization of appropriations

(1)

In general

Except as otherwise provided in this subsection, there are authorized to be appropriated such amounts as may be necessary to carry out the duties and powers of the Secretary relating to the Maritime Administration.

(2)

Limitations

Only those amounts specifically authorized by law may be appropriated for the use of the Maritime Administration for—

(A)

acquisition, construction, or reconstruction of vessels;

(B)

construction-differential subsidies incident to the construction, reconstruction, or reconditioning of vessels;

(C)

costs of national defense features;

(D)

payments of obligations incurred for operating-differential subsidies;

(E)

expenses necessary for research and development activities, including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental vessel operations;

(F)

the Vessel Operations Revolving Fund;

(G)

National Defense Reserve Fleet expenses;

(H)

expenses necessary to carry out part B of subtitle V of title 46; and

(I)

other operations and training expenses related to the development of waterborne transportation systems, the use of waterborne transportation systems, and general administration.

(3)

Training vessels

Amounts may not be appropriated for the purchase or construction of training vessels for State maritime academies unless the Secretary has approved a plan for sharing training vessels between State maritime academies.

.


TITLE XLVI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SEC. 4601. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(In Thousands of Dollars)
ProgramFY 2011
Request
Senate ChangeSenate
Authorized
Electricity Delivery & Energy Reliability
Electricity Delivery & Energy Reliability
Infrastructure security & energy restoration6,188–6,1880
Weapons Activities
Directed stockpile work
Life extension programs
W76 Life extension program249,463–15,000234,463
Total, Life extension programs249,463–15,000234,463
Stockpile systems
B61 Stockpile systems317,136317,136
W76 Stockpile systems64,52164,521
W78 Stockpile systems85,89885,898
W80 Stockpile systems34,19334,193
B83 Stockpile systems39,34939,349
W87 Stockpile systems62,60362,603
W88 Stockpile systems45,66645,666
Total, Stockpile systems649,3660649,366
Weapons dismantlement and disposition
Operations and maintenance58,02558,025
Total, Weapons dismantlement and disposition58,025058,025
Stockpile services
Production support309,761309,761
Research and development support38,58238,582
R&D certification and safety209,053209,053
Management, technology, and production193,81110,000203,811
Plutonium infrastructure sustainment190,318–20,000170,318
Total, Stockpile services941,525–10,000931,525
Total, Directed stockpile work1,898,379–25,0001,873,379
Campaigns:
Science campaign
Advanced certification76,97276,972
Primary assessment technologies85,72385,723
Dynamic materials properties96,98496,984
Advanced radiography23,59423,594
Secondary assessment technologies81,94981,949
Total, Science campaign365,2220365,222
Engineering campaign
Enhanced surety42,42942,429
Weapon systems engineering assessment technology13,53013,530
Nuclear survivability19,78619,786
Enhanced surveillance66,17566,175
Total, Engineering campaign141,9200141,920
Inertial confinement fusion ignition and high yield campaign
Ignition109,506109,506
NIF diagnostics, cryogenics and experimental support102,6493,000105,649
Pulsed power inertial confinement fusion5,0005,000
Joint program in high energy density laboratory plasmas4,0004,000
Facility operations and target production260,393260,393
Total, Inertial confinement fusion and high yield campaign481,5483,000484,548
Advanced simulation and computing campaign615,748615,748
Readiness Campaign
Stockpile readiness18,94118,941
High explosives and weapon operations3,0003,000
Nonnuclear readiness21,86421,864
Tritium readiness50,187–5,00045,187
Advanced design and production technologies18,10018,100
Total, Readiness campaign112,092–5,000107,092
Total, Campaigns1,716,530–2,0001,714,530
Readiness in technical base and facilities (RTBF)
Operations of facilities
Operations of facilities1,257,99101,257,991
Kansas City Plant-KCRIMS–30,000–30,000
Pantex10,00010,000
Y–1210,00010,000
Los Alamos National Lab PF–410,00010,000
Total, Operations of facilities1,257,99101,257,991
Program readiness69,30969,309
Material recycle and recovery70,42970,429
Containers27,99227,992
Storage24,23324,233
Subtotal, Readiness in technical base and facilities (RTBF)1,449,95401,449,954
Construction:
11–D–801, TA–55 Reinvestment project II, Los Alamos National Laboratory, Los Alamos, NM20,00020,000
09–D–107, LANSCE Refurbishment, Los Alamos National Laboratory, Los Alamos, NM20,00020,000
08–D–802, High explosive Pressing Facility, Pantex Plant, Amarillo, TX30,00010,00040,000
07–D–140, Project engineering and design (PED), various locations5,0005,000
06–D–140, Project engineering and design (PED), various locations4,0004,000
06–D–141, Project engineering & design (PED), Uranium Processing Facility, Y–12 National Security Complex, Oakridge, TN115,016115,016
04–D–125, Chemistry and Metallurgy Research Facility replacement project, Los Alamos National Laboratory, Los Alamos, NM225,000225,000
Total, Construction399,01630,000429,016
Total, Readiness in technical base and facilities1,848,97030,0001,878,970
Secure transportation asset
Operation and equipment149,018149,018
Program direction99,02799,027
Total, Secure transportation asset248,0450248,045
Nuclear counterterrorism incident response233,134233,134
Facilities and infrastructure recapitalization program
Operations and maintenance:
Operations and maintenance94,00025,000119,000
Total, Operations and maintenance94,00025,000119,000
Total, Facilities and infrastructure recapitalization program94,00025,000119,000
Site stewardship
Operations of facilities
Operations and maintenance90,47890,478
Total, Operations of facilities90,478090,478
Construction
11–D–601, Sanitary effluent reclamation facility, Los Alamos National Laboratory, Los Alamos, NM15,00015,000
Total, Construction15,000015,000
Total, Site stewardship105,4780105,478
Safeguards and security
Defense nuclear security
Operations and maintenance:
Operations and maintenance667,954667,954
Total, Operations and maintenance667,9540667,954
Construction:
08–D–701, Nuclear materials safety and security upgrade project, phase II, Los Alamos National Laboratory, Los Alamos, NM52,00052,000
Total, Construction52,000052,000
Total, Defense nuclear security719,9540719,954
Cyber security124,345124,345
Total, Safeguards and security844,2990844,299
Science, technology and engineering capability20,00020,000
Subtotal, Weapons activities7,008,83528,0007,036,835
Adjustments
Use of prior year balances0–21,812–21,812
Total, Adjustments0–21,812–21,812
Total, Weapons Activities7,008,8356,1887,015,023
Defense Nuclear Nonproliferation
Nonproliferation and verification R&D
Operations and maintenance:
Operations and maintenance351,5688,000359,568
Total, Operations and maintenance351,5688,000359,568
Total, Nonproliferation & verification R&D351,5688,000359,568
Nonproliferation and international security155,930–4,000151,930
GIPP[–4,000]
International nuclear materials protection and cooperation590,11820,000610,118
Megaports[20,000]
Fissile materials disposition
U.S. surplus fissile materials disposition
Operations and maintenance:
U.S. plutonium disposition278,94020,000298,940
U.S. uranium disposition25,98525,985
Total, Operations and maintenance304,92520,000324,925
Construction:
99–D–143, Mixed oxide fuel fabrication facility, Savannah River Site, SC475,788475,788
99–D–141–01, Pit disassembly and conversion facility, Savannah River Site, SC80,000–40,00040,000
99–D–141–02, Waste solidification building, Savannah River Site, SC57,00057,000
Total, Construction612,788–40,000572,788
Total, U.S. surplus fissile materials disposition917,713–20,000897,713
Russian surplus materials disposition113,000113,000
Total, Fissile materials disposition1,030,713–20,0001,010,713
Global threat reduction initiative558,838–4,000554,838
Gap material[–4,000]
Subtotal, Defense Nuclear Nonproliferation2,687,16702,687,167
Use of prior year balances00
Total, Defense Nuclear Nonproliferation2,687,16702,687,167
Naval Reactors
Naval reactors development
Operations and maintenance
Operations and maintenance997,886997,886
Total, Operations and maintenance997,8860997,886
Construction:
10-D–903, Security upgrades, KAPL400400
10-D–904, NRF infrastructure upgrades, Idaho500500
09–D–902, NRF Office Building #2 ECC Upgrade, Idaho4,0004,000
08–D–190 Expended Core Facility M–290 recovering discharge station, Naval Reactor Facility, ID25,00025,000
07–D–190 Materials research technology complex (MRTC)2,7002,700
Total, Construction32,600032,600
Total, Naval reactors development1,030,48601,030,486
Program direction40,00040,000
Total, Naval Reactors1,070,48601,070,486
Office Of The Administrator
Office of the administrator448,267448,267
Subtotal, Office of the Administrator448,2670448,267
Adjustments:
Use of prior year balances00
Subtotal, Office of the Administrator448,2670448,267
Total, Office Of The Administrator448,2670448,267
Defense Environmental Cleanup
Closure sites:
Closure sites administration6,3756,375
Total, Closure sites6,37506,375
Central plateau remediation
Nuclear material stabilization and disposition PFP64,96964,969
SNF stabilization and disposition94,01694,016
Solid waste stabilization and disposition 2035135,026135,026
Soil and water remediation—groundwater vadose zone 2035129,629129,629
Total, Central plateau remediation423,6400423,640
River corridor and other cleanup operations
Nuclear facility D&D—remainder of Hanford 2035139,641139,641
Nuclear facility D&D river corridor closure project386,028386,028
Richland community and regulatory support19,62019,620
Total, River corridor & other cleanup operations545,2890545,289
Total, Hanford site968,9290968,929
Idaho National Laboratory:
SNF stabilization and disposition—201243,33743,337
Solid waste stabilization and disposition172,631172,631
Radioactive liquid tank waste stabilization and disposition111,773111,773
Construction:
06–D–401 Sodium bearing waste treatment project, Idaho6,5006,500
Total, Construction6,50006,500
Soil and water remediation—201268,95968,959
Idaho community and regulatory support3,9003,900
Total, Idaho National Laboratory407,1000407,100
NNSA sites
Lawrence Livermore National Laboratory635635
NNSA Service Center/SPRU15,54715,547
Nevada66,00066,000
California site support238238
Los Alamos National Laboratory196,953196,953
Total, NNSA sites and Nevada off-sites279,3730279,373
Oak Ridge Reservation:
Building 301950,00150,001
Nuclear facility D & D ORNL58,10158,101
Nuclear facility D & D Y–1263,77563,775
Nuclear facility D & D, E. Tennessee technology park8787
OR reservation community and regulatory support6,4096,409
Solid waste stabilization and disposition—201223,92523,925
Total, Oak Ridge Reservation202,2980202,298
Office of River Protection:
Waste treatment and immobilization plant
Construction:
01–D–416, Waste treatment and immobilization plant, Hanford, WA
01–D–16 A-D, facilities370,178370,178
01–D–16E, Pretreatment facility370,000370,000
Total, Construction740,1780740,178
Total, Waste treatment and immobilization plant740,1780740,178
Tank farm activities
Rad liquid tank waste stabilization and disposition418,000418,000
Total, Tank farm activities418,0000418,000
Total, Office of River protection1,158,17801,158,178
Cleanup and waste disposition
Savannah River Community and regulatory support18,33018,330
Total, Cleanup and waste disposition18,330018,330
Site risk management operations
Radioactive liquid tank waste
NM stabilization and disposition370,042370,042
SNF stabilization and disposition23,19423,194
Total, Radioactive liquid tank waste393,2360393,236
Radioactive liquid tank waste stabilization
Radioactive liquid tank waste stabilization and disposition549,282549,282
Construction:
05–D–405 Salt waste processing facility, Savannah River256,951256,951
Total, Construction256,9510256,951
Total, Radioactive liquid tank waste806,2330806,233
Total, Site risk management operations1,199,46901,199,469
Total, Savannah River site1,217,79901,217,799
Waste Isolation Pilot Plant
Waste isolation pilot plant134,999134,999
Central characterization project25,79725,797
Transportation30,67830,678
Community and regulatory support28,77128,771
Total, Waste Isolation Pilot Plant220,2450220,245
Program direction323,825323,825
Program support25,14325,143
Safeguards and Security:
Oak Ridge Reservation17,30017,300
Paducah8,4968,496
Portsmouth15,97915,979
Richland/Hanford Site69,23469,234
Savannah River Site132,064132,064
Waste Isolation Pilot Project4,7554,755
West Valley1,9261,926
Total, Safeguards and Security249,7540249,754
Technology development32,32032,320
Uranium enrichment D&D fund contribution496,700496,700
Subtotal, Defense environmental cleanup5,588,03905,588,039
Total, Defense Environmental Cleanup5,588,03905,588,039
Other Defense Activities
Health, safety and security
Health, safety and security356,471356,471
Program direction107,740107,740
Total, Health, safety and security464,2110464,211
Office of Legacy Management
Legacy management176,122176,122
Program direction12,50412,504
Total, Office of Legacy Management188,6260188,626
Defense-related activities
Infrastructure
Idaho sitewide safeguards and security88,20088,200
Total, Infrastructure88,200088,200
Total, Defense-related activities88,200088,200
Defense related administrative support118,836118,836
Acquisitions workforce improvement11,89211,892
Office of hearings and appeals6,4446,444
Total, Other Defense Activities878,2090878,209
Total, Atomic Energy Defense Activities17,681,0036,18817,687,191
Total, Department of Energy17,687,191017,687,191

June 4, 2010

Read twice and placed on the calendar