S.1256 - Department of Energy National Security Act of 2012
An original bill to authorize appropriations for fiscal year 2012 for defense activities of the Department of Energy, and for other purposes.
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SECTION 1. SHORT TITLE.
SEC. 2. TABLE OF CONTENTS.
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
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3112. Review by Secretary of Energy and Secretary of Defense of Comptroller General assessment of budget requests with respect to the modernization and refurbishment of the nuclear security complex.CommentsClose CommentsPermalink
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
TITLE XXXIII--MARITIME ADMINISTRATION
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
SEC. 4. SCORING OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled ‘Budgetary Effects of PAYGO Legislation’ for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.CommentsClose 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 2012 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 the following new plant project for the National Nuclear Security Administration:CommentsClose CommentsPermalink
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2012 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 2012 for other defense activities in carrying out programs as specified in the funding table in section 4601.CommentsClose CommentsPermalink
SEC. 3111. REVIEW OF SECURITY VULNERABILITIES OF NATIONAL LABORATORY COMPUTERS.
‘SEC. 4508. REVIEW OF SECURITY VULNERABILITIES OF NATIONAL LABORATORY COMPUTERS.
‘(1) not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012, and annually thereafter, review the security vulnerabilities of the computers of each national laboratory; andCommentsClose CommentsPermalink
‘(2) if, in conducting a review under paragraph (1), the Secretary discovers a significant vulnerability in a national laboratory computer, promptly notify the congressional defense committees of the vulnerability.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of contents for the Atomic Energy Defense Act is amended by striking the item relating to section 4508 and inserting the following new item:CommentsClose CommentsPermalink
SEC. 3112. REVIEW BY SECRETARY OF ENERGY AND SECRETARY OF DEFENSE OF COMPTROLLER GENERAL ASSESSMENT OF BUDGET REQUESTS WITH RESPECT TO THE MODERNIZATION AND REFURBISHMENT OF THE NUCLEAR SECURITY COMPLEX.
‘(II) whether the actual funding level for the fiscal year in which the report is submitted under this subparagraph is sufficient for the modernization of the nuclear security complex and the refurbishment of the nuclear weapons stockpile; andCommentsClose CommentsPermalink
SEC. 3113. AIRCRAFT PROCUREMENT.
Of the amounts authorized to be appropriated and made available for obligation under section 3101 for weapons activities for any fiscal year before fiscal year 2013, the Secretary of Energy may procure not more than one aircraft.CommentsClose CommentsPermalink
SEC. 3114. LIMITATION ON USE OF FUNDS FOR ESTABLISHMENT OF CENTERS OF EXCELLENCE IN COUNTRIES OUTSIDE OF THE FORMER SOVIET UNION.
Not more than $500,000 of the funds authorized to be appropriated by section 3101 and made available by the funding table in section 4601 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
SEC. 3115. RECOGNITION AND STATUS OF NATIONAL ATOMIC TESTING MUSEUM.
SEC. 3121. REPORT ON FEASIBILITY OF FEDERALIZING THE SECURITY PROTECTIVE FORCES CONTRACT GUARD WORKFORCE AT CERTAIN DEPARTMENT OF ENERGY FACILITIES.
(a) In General- Not later than one year after the date of the enactment of this Act, the Secretary of Energy and the Administrator for Nuclear Security shall jointly submit to the congressional defense committees--CommentsClose CommentsPermalink
(1) a report on the feasibility of federalizing some or all of the security protective forces contract guard workforce at the facilities specified in subsection (d); andCommentsClose CommentsPermalink
(b) Comments by Comptroller General- The Secretary and the Administrator shall provide the draft text of the report required by subsection (a)(1) to the Comptroller General of the United States for review and comment before submitting the report to the congressional defense committees.CommentsClose CommentsPermalink
(1) An evaluation of the feasibility of converting the security protective forces contract workforce at the facilities specified in subsection (d) into a force made up, in whole or in part, of full-time Federal employees.CommentsClose CommentsPermalink
(4) An assessment of the effects of any such conversion on security, including an analysis of the effects of using a Federal security guard, a Federal police officer, or a Federal protective service officer instead of a contract guard.CommentsClose CommentsPermalink
(6) A comparison of similar conversions of large groups of contract workers to full-time Federal employees and an assessment of the potential benefits and challenges of such conversions.CommentsClose CommentsPermalink
(A) converting the security protective forces contract workforce at the facilities specified in subsection (d) into a force made up, in whole or in part, of full-time Federal employees;CommentsClose CommentsPermalink
(C) instituting some or all of the changes recommended in the Implementation Plan for the 29 Recommendations of the Protective Force Career Options Study Group prepared pursuant to the Report of the Committee on Appropriations of the House of Representatives (House Report No. 111-230) accompanying the Department of Defense Appropriations Act, 2010 (
(10) The Oak Ridge National Laboratory, the Oak Ridge Office of the Department of Energy, and the East Tennessee Technology Park of the Department of Energy, Oak Ridge, Tennessee.CommentsClose CommentsPermalink
(19) The National Savannah River Site Office and the Tritium Extraction Facility and Mixed Oxide Fuel Fabrication Facility of the National Nuclear Security Administration, Aiken, South Carolina.CommentsClose CommentsPermalink
SEC. 3122. COMPTROLLER GENERAL STUDY ON OVERSIGHT OF DEPARTMENT OF ENERGY DEFENSE NUCLEAR FACILITIES.
(a) In General- The Comptroller General of the United States shall conduct a study of the value of and the need for external regulation or external oversight of the safety of nuclear operations and the design and construction of nuclear facilities at the Department of Energy defense nuclear facilities to protect the public health and safety.CommentsClose CommentsPermalink
(1) An assessment of the value of and the need for external regulation or external oversight, or a combination of both, of the safety of nuclear operations and the design and construction of nuclear facilities at the Department of Energy defense nuclear facilities.CommentsClose CommentsPermalink
(4) An assessment of the current functions of the Board and whether those functions should be modified or amended, including whether the Department of Energy should pay an oversight fee to the Board.CommentsClose CommentsPermalink
(6) A list of all existing or planned Department of Energy defense nuclear facilities that are similar to facilities under the regulatory jurisdiction of the Nuclear Regulatory Commission.CommentsClose CommentsPermalink
(8) For any existing Department of Energy defense nuclear facilities that the Comptroller General recommends should be transferred to the jurisdiction of an outside regulatory authority--CommentsClose CommentsPermalink
(B) if the Comptroller General recommends that the facility be transferred to the jurisdiction of any outside regulatory authority, whether the regulatory authority should be an existing or new regulatory authority.CommentsClose CommentsPermalink
(10) An assessment of the comparative advantages and disadvantages to the Department of Energy and to public health and safety of the transfer of some or all of the Department of Energy defense nuclear facilities from the oversight jurisdiction of the Board to the jurisdiction of an outside regulatory authority.CommentsClose CommentsPermalink
(c) Interim Report- Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees an interim report on the status of the study conducted under subsection (a).CommentsClose CommentsPermalink
(d) Final Report- Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees, the Secretary of Energy, the Defense Nuclear Facilities Safety Board, and the Nuclear Regulatory Commission the final report of the Comptroller General that contains the findings and recommendations of the Comptroller General resulting from the study conducted under subsection (a).CommentsClose CommentsPermalink
(e) Comments on Report- Not later than 180 days after receiving the final report from the Comptroller General under subsection (d), the Secretary of Energy, the Defense Nuclear Facilities Safety Board, and the Nuclear Regulatory Commission shall submit to the congressional defense committees the comments of the Secretary, the Board, or the Commission (as the case may be) on the report.CommentsClose CommentsPermalink
(f) Department of Energy Defense Nuclear Facility Defined- In this section, the term ‘Department of Energy defense nuclear facility’ has the meaning given that term in section 318 of the Atomic Energy Act of 1954 (
SEC. 3123. PLAN TO COMPLETE THE GLOBAL INITIATIVES FOR PROLIFERATION PREVENTION PROGRAM IN THE RUSSIAN FEDERATION.
At or about the same time that the budget of the President for fiscal year 2013 is submitted to Congress under
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2012, $33,317,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (
SEC. 3202. AUTHORITY OF THE DEFENSE NUCLEAR FACILITIES SAFETY BOARD TO REVIEW THE FACILITY DESIGN AND CONSTRUCTION OF CONSTRUCTION PROJECT 10-D-904 OF THE NATIONAL NUCLEAR SECURITY ADMINISTRATION.
Notwithstanding section 318(1)(A) of the Atomic Energy Act of 1954 (
SEC. 3301. MARITIME ADMINISTRATION.
‘Sec. 109. Maritime Administration
‘(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
‘(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
‘(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
‘(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
‘(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
‘(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
‘(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