S 3457 PCSCommentsClose CommentsPermalink

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

June 4, 2010CommentsClose CommentsPermalink

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 calendarCommentsClose CommentsPermalink

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title.CommentsClose CommentsPermalink





Sec. 2. Table of contents.CommentsClose CommentsPermalink





Sec. 3. Congressional defense committees.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





Sec. 3102. Defense environmental cleanup.CommentsClose CommentsPermalink





Sec. 3103. Other defense activities.CommentsClose CommentsPermalink

Subtitle B--Program Authorizations, Restrictions, and Limitations

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





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





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





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





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





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





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





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





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





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





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.CommentsClose CommentsPermalink

Subtitle C--Other Matters

Sec. 3131. Department of Energy energy parks program.CommentsClose CommentsPermalink





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

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.CommentsClose CommentsPermalink

TITLE XXXIII--MARITIME ADMINISTRATION

Sec. 3301. Maritime Administration.CommentsClose CommentsPermalink

DIVISION D--FUNDING TABLES

Sec. 4001. Authorization of amounts in funding tables.CommentsClose CommentsPermalink

TITLE XLVI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 4601. Department of Energy national security programs.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONSCommentsClose CommentsPermalink

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMSCommentsClose CommentsPermalink

Subtitle A--National Security Programs AuthorizationsCommentsClose CommentsPermalink

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 2011 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4601.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(1) For readiness in technical base and facilities, the following new plant project:CommentsClose CommentsPermalink





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





(2) For site stewardship, the following new plant project:CommentsClose CommentsPermalink





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

SEC. 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.CommentsClose CommentsPermalink

SEC. 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.CommentsClose CommentsPermalink

Subtitle B--Program Authorizations, Restrictions, and LimitationsCommentsClose CommentsPermalink

SEC. 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:CommentsClose CommentsPermalink

‘SEC. 3255. ASSESSMENT OF ADEQUACY OF BUDGET REQUESTS WITH RESPECT TO MAINTAINING THE NUCLEAR WEAPONS STOCKPILE.

‘(a) Assessment of Adequacy of Budget Requests-CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(b) Assessment of Risks and Implications of Inadequate Funding-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) to support the annual certification of the nuclear weapons stockpile under section 4203 of the Atomic Energy Defense Act; andCommentsClose CommentsPermalink





‘(B) to maintain the long-term safety, security, and reliability of the nuclear weapons stockpile.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(c) Definitions- In this section:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(3) NUCLEAR SECURITY COMPLEX- The term ‘nuclear security complex’ means the physical facilities, technology, and human capital of the following:CommentsClose CommentsPermalink





‘(A) The national security laboratories.CommentsClose CommentsPermalink





‘(B) The Kansas City Plant, Kansas City, Missouri.CommentsClose CommentsPermalink





‘(C) The Nevada Test Site, Nevada.CommentsClose CommentsPermalink





‘(D) The Savannah River Site, Aiken, South Carolina.CommentsClose CommentsPermalink





‘(E) The Y-12 National Security Complex, Oak Ridge, Tennessee.CommentsClose CommentsPermalink





‘(F) The Pantex Plant, Amarillo, Texas.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





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

SEC. 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:CommentsClose CommentsPermalink

‘SEC. 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.CommentsClose CommentsPermalink





‘(b) Plan Design-CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(B) The nuclear posture of the United States as set forth in the most recent Nuclear Posture Review.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(c) Plan Elements- The plan required by subsection (a) shall include the following:CommentsClose CommentsPermalink





‘(1) A description of the modernization and refurbishment measures the Secretary determines necessary to meet the requirements of--CommentsClose CommentsPermalink





‘(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); andCommentsClose CommentsPermalink





‘(B) the Nuclear Posture Review.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(d) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) NUCLEAR SECURITY COMPLEX- The term ‘nuclear security complex’ means the physical facilities, technology, and human capital of the following:CommentsClose CommentsPermalink





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





‘(B) The Kansas City Plant, Kansas City, Missouri.CommentsClose CommentsPermalink





‘(C) The Nevada Test Site, Nevada.CommentsClose CommentsPermalink





‘(D) The Savannah River Site, Aiken, South Carolina.CommentsClose CommentsPermalink





‘(E) The Y-12 National Security Complex, Oak Ridge, Tennessee.CommentsClose CommentsPermalink





‘(F) The Pantex Plant, Amarillo, Texas.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘Sec. 4203A. Biennial plan on modernization and refurbishment of the nuclear security complex.’.CommentsClose CommentsPermalink

SEC. 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:CommentsClose CommentsPermalink

‘SEC. 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--CommentsClose CommentsPermalink





‘(1) reflects the estimated expenditures and proposed appropriations included in that budget for the Department of Energy for environmental management; andCommentsClose CommentsPermalink





‘(2) covers a period that includes the fiscal year for which that budget is submitted and not less than the four succeeding fiscal years.CommentsClose CommentsPermalink





‘(b) Elements- Each future-years defense environmental management plan required by subsection (a) shall contain the following:CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(2) A statement of proposed budget authority, estimated expenditures, and proposed appropriations necessary to support such projects and activities.CommentsClose CommentsPermalink





‘(3) With respect to each site specified in subsection (c), the following:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(B) For each such milestone, a statement with respect to whether each such milestone will be met in each such fiscal year.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(c) Sites Specified- The sites specified in this subsection are the following:CommentsClose CommentsPermalink





‘(1) The Idaho National Laboratory, Idaho.CommentsClose CommentsPermalink





‘(2) The Waste Isolation Pilot Plant, Carlsbad, New Mexico.CommentsClose CommentsPermalink





‘(3) The Savannah River Site, Aiken, South Carolina.CommentsClose CommentsPermalink





‘(4) The Oak Ridge National Laboratory, Oak Ridge, Tennessee.CommentsClose CommentsPermalink





‘(5) The Hanford Site, Richland, Washington.CommentsClose CommentsPermalink





‘(6) Any defense closure site of the Department of Energy.CommentsClose CommentsPermalink





‘(7) Any site of the National Nuclear Security Administration.CommentsClose CommentsPermalink





‘(d) Activities Specified- The activities specified in this subsection are the following:CommentsClose CommentsPermalink





‘(1) Program support.CommentsClose CommentsPermalink





‘(2) Program direction.CommentsClose CommentsPermalink





‘(3) Safeguards and security.CommentsClose CommentsPermalink





‘(4) Technology development and deployment.CommentsClose CommentsPermalink





‘(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).’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘Sec. 4402A. Future-years defense environmental management plan.’.CommentsClose CommentsPermalink

SEC. 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:CommentsClose CommentsPermalink

‘SEC. 4713. NOTIFICATION OF COST OVERRUNS FOR CERTAIN DEPARTMENT OF ENERGY PROJECTS.

‘(a) Establishment of Cost and Schedule Baselines-CommentsClose CommentsPermalink





‘(1) STOCKPILE LIFE EXTENSION PROJECTS-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) DEFENSE-FUNDED CONSTRUCTION PROJECTS-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(3) DEFENSE ENVIRONMENTAL MANAGEMENT PROJECTS-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(1) notify the congressional defense committees with respect to whether the project will be terminated or continued; andCommentsClose CommentsPermalink





‘(2) if the project will be continued, certify to the congressional defense committees that--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(C) a management structure is in place adequate to manage and control the cost and schedule of the project.CommentsClose CommentsPermalink





‘(d) Applicability of Requirements to Revised Cost and Schedule Baselines- A revised cost and schedule baseline established under subsection (c) shall--CommentsClose CommentsPermalink





‘(1) be submitted to the congressional defense committees with the certification submitted under subsection (c)(2); andCommentsClose CommentsPermalink





‘(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).’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘Sec. 4713. Notification of cost overruns for certain Department of Energy projects.’.CommentsClose CommentsPermalink

SEC. 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.CommentsClose CommentsPermalink

SEC. 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:CommentsClose CommentsPermalink





(1) An identification of the country in which the center will be located.CommentsClose CommentsPermalink





(2) A description of the purpose for which the center will be established.CommentsClose CommentsPermalink





(3) The agreement under which the center will operate.CommentsClose CommentsPermalink





(4) A funding plan for the center, including--CommentsClose CommentsPermalink





(A) the amount of funds to be provided by the government of the country in which the center will be located; andCommentsClose CommentsPermalink





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

SEC. 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’.CommentsClose CommentsPermalink

SEC. 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’.CommentsClose CommentsPermalink

SEC. 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’.CommentsClose CommentsPermalink

SEC. 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--CommentsClose CommentsPermalink





(1) by striking subsection (b);CommentsClose CommentsPermalink





(2) by redesignating subsection (c) as subsection (b); andCommentsClose CommentsPermalink





(3) in subsection (b), as so redesignated, by striking ‘during fiscal year 2010’.CommentsClose CommentsPermalink

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.

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--CommentsClose CommentsPermalink





(1) in subsection (d)(2), by striking ‘November 26, 2012’ and inserting ‘September 30, 2022’; andCommentsClose CommentsPermalink





(2) in subsection (g)(3)(B), by striking ‘November 26, 2012’ and inserting ‘September 30, 2022’.CommentsClose CommentsPermalink

Subtitle C--Other MattersCommentsClose CommentsPermalink

SEC. 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.CommentsClose CommentsPermalink





(b) Objectives- The objectives for establishing energy parks pursuant to subsection (a) are the following:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





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





(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.CommentsClose CommentsPermalink





(4) To create a business environment that encourages collaboration and interaction between the public and private sectors.CommentsClose CommentsPermalink





(c) Consultation- In establishing an energy park pursuant to subsection (a), the Secretary shall consult with--CommentsClose CommentsPermalink





(1) the local government with jurisdiction over the land on which the energy park will be located;CommentsClose CommentsPermalink





(2) the local governments of adjacent areas; andCommentsClose CommentsPermalink





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





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

SEC. 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,’.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARDCommentsClose CommentsPermalink

SEC. 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.).CommentsClose CommentsPermalink

TITLE XXXIII--MARITIME ADMINISTRATIONCommentsClose CommentsPermalink

SEC. 3301. MARITIME ADMINISTRATION.

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

‘Sec. 109. Maritime Administration

‘(a) Organization- The Maritime Administration is an administration in the Department of Transportation.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(d) Duties and Powers Vested in Secretary- All duties and powers of the Maritime Administration are vested in the Secretary.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(h) Contracts, Cooperative Agreements, and Audits-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) carry out the Secretary’s duties and powers under this section, subtitle V of title 46, and all other Maritime Administration programs; andCommentsClose CommentsPermalink





‘(B) protect, preserve, and improve collateral held by the Secretary to secure indebtedness.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(j) Authorization of Appropriations-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) LIMITATIONS- Only those amounts specifically authorized by law may be appropriated for the use of the Maritime Administration for--CommentsClose CommentsPermalink





‘(A) acquisition, construction, or reconstruction of vessels;CommentsClose CommentsPermalink





‘(B) construction-differential subsidies incident to the construction, reconstruction, or reconditioning of vessels;CommentsClose CommentsPermalink





‘(C) costs of national defense features;CommentsClose CommentsPermalink





‘(D) payments of obligations incurred for operating-differential subsidies;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(F) the Vessel Operations Revolving Fund;CommentsClose CommentsPermalink





‘(G) National Defense Reserve Fleet expenses;CommentsClose CommentsPermalink





‘(H) expenses necessary to carry out part B of subtitle V of title 46; andCommentsClose CommentsPermalink





‘(I) other operations and training expenses related to the development of waterborne transportation systems, the use of waterborne transportation systems, and general administration.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

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TITLE XLVI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS  CommentsClose CommentsPermalink

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SEC. 4601. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS. CommentsClose CommentsPermalink

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xlDEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS(In Thousands of Dollars)                                                                                                  CommentsClose CommentsPermalink

Program                                                                                                                     FY 2011 Request  Senate Change Senate Authorized CommentsClose CommentsPermalink

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Electricity Delivery & Energy Reliability                                                                                                                             CommentsClose CommentsPermalink

Electricity Delivery & Energy Reliability                                                                                                        CommentsClose CommentsPermalink

Infrastructure security & energy restoration                                                                                          6,188         -6,188                 0 CommentsClose CommentsPermalink

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Calendar No. 417CommentsClose CommentsPermalink

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

June 4, 2010CommentsClose CommentsPermalink