II 

Calendar No. 83 

112TH CONGRESS 

1ST SESSION S. 1256 

To authorize appropriations for fiscal year 2012 for defense activities of 

the Department of Energy, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 22, 2011 

Mr. LEVIN, from the Committee on Armed Services, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

To authorize appropriations for fiscal year 2012 for defense 

activities of the Department of Energy, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of Energy 

5 National Security Act of 2012’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 


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Sec. 3. Congressional defense committees. 

Sec. 4. Scoring of budgetary effects. 

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. Review of security vulnerabilities of national laboratory computers. 

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. 

Sec. 3113. Aircraft procurement. 

Sec. 3114. Limitation on use of funds for establishment of centers of excellence 

in countries outside of the former Soviet Union. 

Sec. 3115. Recognition and status of National Atomic Testing Museum. 

Subtitle C—Reports 

Sec. 3121. Report on feasibility of federalizing the security protective forces 

contract guard workforce at certain Department of Energy facilities. 

Sec. 3122. Comptroller General study on oversight of Department of Energy 

defense nuclear facilities. 

Sec. 3123. Plan to complete the Global Initiatives for Proliferation Prevention 

program in the Russian Federation. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

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. 

TITLE XXXIII—MARITIME ADMINISTRATION 

Sec. 3301. Maritime Administration. 

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ has the meaning given that term in sec4 tion 101(a)(16) of title 10, United States Code. 


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1 SEC. 4. SCORING OF BUDGETARY EFFECTS. 

2 The budgetary effects of this Act, for the purpose of 

3 complying with the Statutory Pay-As-You-Go-Act of 2010, 

4 shall be determined by reference to the latest statement 

5 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

6 Act, submitted for printing in the Congressional Record 

7 by the Chairman of the Senate Budget Committee, pro8 vided that such statement has been submitted prior to the 

9 vote on passage. 

10 DIVISION C—DEPARTMENT OF 

11 ENERGY NATIONAL SECURITY 

12 AUTHORIZATIONS AND 

13 OTHER AUTHORIZATIONS 

14 TITLE XXXI—DEPARTMENT OF 

15 ENERGY NATIONAL SECURITY 

16 PROGRAMS 

17 Subtitle A—National Security 

18 Programs Authorizations 

19 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA20 TION. 

21 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

22 are hereby authorized to be appropriated to the Depart23 ment of Energy for fiscal year 2012 for the activities of 

24 the National Nuclear Security Administration in carrying 

25 out programs as specified in the funding table in section 

26 4601. 


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1 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

2 From funds referred to in subsection (a) that are available 

3 for carrying out plant projects, the Secretary of Energy 

4 may carry out the following new plant project for the Na5 tional Nuclear Security Administration: 

6 Project 12–D–301, Transuranic (TRU) Waste 

7 Facility, Los Alamos National Laboratory, Los Ala8 mos, New Mexico, $13,481,000. 

9 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

10 Funds are hereby authorized to be appropriated to 

11 the Department of Energy for fiscal year 2012 for defense 

12 environmental cleanup activities in carrying out programs 

13 as specified in the funding table in section 4601. 

14 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

15 Funds are hereby authorized to be appropriated to 

16 the Department of Energy for fiscal year 2012 for other 

17 defense activities in carrying out programs as specified in 

18 the funding table in section 4601. 


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1 Subtitle B—Program Authoriza2 tions, Restrictions, and Limita3 tions 

4 SEC. 3111. REVIEW OF SECURITY VULNERABILITIES OF NA5 TIONAL LABORATORY COMPUTERS. 

6 (a) IN GENERAL.—Section 4508 of the Atomic En7 ergy Defense Act (50 U.S.C. 2659) is amended to read 

8 as follows: 

9 ‘‘SEC. 4508. REVIEW OF SECURITY VULNERABILITIES OF NA10 TIONAL LABORATORY COMPUTERS. 

11 ‘‘(a) IN GENERAL.—The Secretary of Energy shall— 

12 ‘‘(1) not later than one year after the date of 

13 the enactment of the National Defense Authoriza14 tion Act for Fiscal Year 2012, and annually there15 after, review the security vulnerabilities of the com16 puters of each national laboratory; and 

17 ‘‘(2) if, in conducting a review under paragraph 

18 (1), the Secretary discovers a significant vulner19 ability in a national laboratory computer, promptly 

20 notify the congressional defense committees of the 

21 vulnerability. 

22 ‘‘(b) ELEMENTS.—A notification submitted under 

23 subsection (a) with respect to a significant vulnerability 

24 of a national laboratory computer shall include the fol25 lowing: 


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1 ‘‘(1) A description of the vulnerability. 

2 ‘‘(2) An assessment of the loss, if any, of classi3 fied or unclassified data as a result of the vulner4 ability. 

5 ‘‘(3) An assessment of the harm to national se6 curity or individual privacy resulting from the loss, 

7 if any, of such data. 

8 ‘‘(4) A description of the actions taken to ad9 dress the vulnerability. 

10 ‘‘(c) NATIONAL LABORATORY DEFINED.—In this 

11 section, the term ‘national laboratory’ has the meaning 

12 given that term in section 4502(g)(3).’’. 

13 (b) CLERICAL AMENDMENT.—The table of contents 

14 for the Atomic Energy Defense Act is amended by striking 

15 the item relating to section 4508 and inserting the fol16 lowing new item: 

‘‘Sec. 4508. Review of security vulnerabilities of national laboratory computers.’’. 


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1 SEC. 3112. REVIEW BY SECRETARY OF ENERGY AND SEC2 RETARY OF DEFENSE OF COMPTROLLER 

3 GENERAL ASSESSMENT OF BUDGET RE4 QUESTS WITH RESPECT TO THE MODERNIZA5 TION AND REFURBISHMENT OF THE NU6 CLEAR SECURITY COMPLEX. 

7 Section 3255(a) of the National Nuclear Security Ad8 ministration Act (50 U.S.C. 2455(a)) is amended by add9 ing at the end the following new paragraph: 

10 ‘‘(3) The Secretary of Energy shall, in consultation 

11 with the Secretary of Defense— 

12 ‘‘(A) review the report submitted by the Comp13 troller General under paragraph (2); and 

14 ‘‘(B) not later than 30 days after receiving that 

15 report, submit to the congressional defense commit16 tees a report that includes— 

17 ‘‘(i) the results of the review conducted 

18 under subparagraph (A); 

19 ‘‘(ii) the views of the Secretary of Energy 

20 and the Secretary of Defense with respect to— 

21 ‘‘(I) the findings of the Comptroller 

22 General in the report submitted under 

23 paragraph (2); and 

24 ‘‘(II) whether the actual funding level 

25 for the fiscal year in which the report is 

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1 ficient for the modernization of the nuclear 

2 security complex and the refurbishment of 

3 the nuclear weapons stockpile; and 

4 ‘‘(iii) a description of any measures the 

5 Administration plans to take in response to the 

6 findings of the Comptroller General.’’. 

7 SEC. 3113. AIRCRAFT PROCUREMENT. 

8 Of the amounts authorized to be appropriated and 

9 made available for obligation under section 3101 for weap10 ons activities for any fiscal year before fiscal year 2013, 

11 the Secretary of Energy may procure not more than one 

12 aircraft. 

13 SEC. 3114. LIMITATION ON USE OF FUNDS FOR ESTABLISH14 MENT OF CENTERS OF EXCELLENCE IN 

15 COUNTRIES OUTSIDE OF THE FORMER SO16 VIET UNION. 

17 Not more than $500,000 of the funds authorized to 

18 be appropriated by section 3101 and made available by 

19 the funding table in section 4601 for defense nuclear non20 proliferation activities may be obligated or expended to es21 tablish a center of excellence in a country that is not a 

22 state of the former Soviet Union until the date that is 

23 15 days after the date on which the Administrator for Nu24 clear Security submits to the congressional defense com25 mittees a report that includes the following: 


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1 (1) An identification of the country in which 

2 the center will be located. 

3 (2) A description of the purpose for which the 

4 center will be established. 

5 (3) The agreement under which the center will 

6 operate. 

7 (4) A funding plan for the center, including— 

8 (A) the amount of funds to be provided by 

9 the government of the country in which the cen10 ter will be located; and 

11 (B) the percentage of the total cost of es12 tablishing and operating the center the funds 

13 described in subparagraph (A) will cover. 

14 SEC. 3115. RECOGNITION AND STATUS OF NATIONAL ATOM15 IC TESTING MUSEUM. 

16 Section 3137 of the National Defense Authorization 

17 Act for Fiscal Years 1992 and 1993 (42 U.S.C. 7142) 

18 is amended— 

19 (1) in the section heading, by inserting ‘‘AND

20 NATIONAL ATOMIC TESTING MUSEUM’’ after 

21 ‘‘ATOMIC MUSEUM’’; and 

22 (2) by adding at the end the following new sub23 section: 

24 ‘‘(d) RECOGNITION AND STATUS OF NATIONAL

25 ATOMIC TESTING MUSEUM.—The museum operated by 


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1 the Nevada Test Site Historical Foundation and located 

2 in Las Vegas, Nevada— 

3 ‘‘(1) is recognized as the official atomic testing 

4 museum of the United Sates; 

5 ‘‘(2) shall be known as the ‘National Atomic 

6 Testing Museum’; and 

7 ‘‘(3) shall have the sole right throughout the 

8 United States and its possessions to have and use 

9 the name ‘National Atomic Testing Museum’.’’. 

10 Subtitle C—Reports 

11 SEC. 3121. REPORT ON FEASIBILITY OF FEDERALIZING THE 

12 SECURITY PROTECTIVE FORCES CONTRACT 

13 GUARD WORKFORCE AT CERTAIN DEPART14 MENT OF ENERGY FACILITIES. 

15 (a) IN GENERAL.—Not later than one year after the 

16 date of the enactment of this Act, the Secretary of Energy 

17 and the Administrator for Nuclear Security shall jointly 

18 submit to the congressional defense committees— 

19 (1) a report on the feasibility of federalizing 

20 some or all of the security protective forces contract 

21 guard workforce at the facilities specified in sub22 section (d); and 

23 (2) the comments of the Comptroller General of 

24 the United States on that report required under sub25 section (b). 


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1 (b) COMMENTS BY COMPTROLLER GENERAL.—The 

2 Secretary and the Administrator shall provide the draft 

3 text of the report required by subsection (a)(1) to the 

4 Comptroller General of the United States for review and 

5 comment before submitting the report to the congressional 

6 defense committees. 

7 (c) ELEMENTS.—The report required by subsection 

8 (a)(1) shall include the following: 

9 (1) An evaluation of the feasibility of converting 

10 the security protective forces contract workforce at 

11 the facilities specified in subsection (d) into a force 

12 made up, in whole or in part, of full-time Federal 

13 employees. 

14 (2) An estimate of the immediate and projected 

15 costs of any such conversion. 

16 (3) An estimate of the immediate and projected 

17 costs of maintaining guards under contract status 

18 and of maintaining guards as full-time Federal em19 ployee. 

20 (4) An assessment of the effects of any such 

21 conversion on security, including an analysis of the 

22 effects of using a Federal security guard, a Federal 

23 police officer, or a Federal protective service officer 

24 instead of a contract guard. 


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1 (5) An estimate of the hourly and annual costs 

2 of— 

3 (A) contract guards, including benefits and 

4 overtime; and 

5 (B) any comparably trained and equipped 

6 Federal force with comparable physical and 

7 other requirements. 

8 (6) A comparison of similar conversions of large 

9 groups of contract workers to full-time Federal em10 ployees and an assessment of the potential benefits 

11 and challenges of such conversions. 

12 (7) The views of the Secretary and the Admin13 istrator on the feasibility of— 

14 (A) converting the security protective 

15 forces contract workforce at the facilities speci16 fied in subsection (d) into a force made up, in 

17 whole or in part, of full-time Federal employees; 

18 (B) maintaining the security protective 

19 forces contract workforce in its current form; 

20 and 

21 (C) instituting some or all of the changes 

22 recommended in the Implementation Plan for 

23 the 29 Recommendations of the Protective 

24 Force Career Options Study Group prepared 

25 pursuant to the Report of the Committee on 


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1 Appropriations of the House of Representatives 

2 (House Report No. 111–230) accompanying the 

3 Department of Defense Appropriations Act, 

4 2010 (Public Law 111–118; 123 Stat. 3409). 

5 (d) FACILITIES SPECIFIED.—The facilities specified 

6 in this subsection are the following: 

7 (1) The Albuquerque National Nuclear Security 

8 Administration Service Center, Albuquerque, New 

9 Mexico. 

10 (2) The Argonne National Laboratory and the 

11 Argonne Site Office, Argonne, Illinois, and the Chi12 cago Service Center, Chicago, Illinois. 

13 (3) The Brookhaven National Laboratory and 

14 Brookhaven Site Office, Upton, New York. 

15 (4) The Idaho National Laboratory and the 

16 Idaho Site Office, Idaho Falls, Idaho. 

17 (5) The Kansas City Plant and the Kansas City 

18 Site Office, Kansas City, Missouri. 

19 (6) The Lawrence Livermore National Labora20 tory and the Livermore Site Office, Livermore, Cali21 fornia. 

22 (7) The Los Alamos National Laboratory and 

23 the Los Alamos Site Office, Los Alamos, New Mex24 ico. 


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1 (8) The National Energy Technology Labora2 tory. 

3 (9) The Nevada Site Office and the Nevada Na4 tional Security Site, Nevada. 

5 (10) The Oak Ridge National Laboratory, the 

6 Oak Ridge Office of the Department of Energy, and 

7 the East Tennessee Technology Park of the Depart8 ment of Energy, Oak Ridge, Tennessee. 

9 (11) The Office of Secure Transportation of the 

10 Department of Energy and associated field locations. 

11 (12) The Pantex Plant and Pantex Site Office, 

12 Amarillo, Texas. 

13 (13) The Pittsburgh Naval Reactors Office, the 

14 Bettis Atomic Power Laboratory, the Idaho Naval 

15 Reactors Facility, and the Knolls Atomic Power 

16 Laboratory. 

17 (14) The Portsmouth Gaseous Diffusion Plant, 

18 Piketon, Ohio, and the Paducah Gaseous Diffusion 

19 Plant, Paducah, Kentucky. 

20 (15) The Richland Operations Office and the 

21 Hanford Site, Richland, Washington. 

22 (16) The Sandia National Laboratories and the 

23 Sandia Site Office, Albuquerque, New Mexico. 

24 (17) The Savannah River Plant and the Savan25 nah River Site Office of the Office of Environmental 


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1 Management of the Department of Energy, Aiken, 

2 South Carolina. 

3 (18) The Savannah River National Laboratory, 

4 Aiken, South Carolina. 

5 (19) The National Savannah River Site Office 

6 and the Tritium Extraction Facility and Mixed 

7 Oxide Fuel Fabrication Facility of the National Nu8 clear Security Administration, Aiken, South Caro9 lina. 

10 (20) The Strategic Petroleum Reserve Project 

11 Office and the Strategic Petroleum Reserve Sites. 

12 (21) The Waste Isolation Pilot Plant, Carlsbad, 

13 New Mexico. 

14 (22) The Y–12 Site Office and the Y–12 Na15 tional Security Complex of the National Nuclear Se16 curity Administration, Oak Ridge, Tennessee. 

17 SEC. 3122. COMPTROLLER GENERAL STUDY ON OVERSIGHT 

18 OF DEPARTMENT OF ENERGY DEFENSE NU19 CLEAR FACILITIES. 

20 (a) IN GENERAL.—The Comptroller General of the 

21 United States shall conduct a study of the value of and 

22 the need for external regulation or external oversight of 

23 the safety of nuclear operations and the design and con24 struction of nuclear facilities at the Department of Energy 


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1 defense nuclear facilities to protect the public health and 

2 safety. 

3 (b) ELEMENTS.—The study required by subsection 

4 (a) shall include the following: 

5 (1) An assessment of the value of and the need 

6 for external regulation or external oversight, or a 

7 combination of both, of the safety of nuclear oper8 ations and the design and construction of nuclear fa9 cilities at the Department of Energy defense nuclear 

10 facilities. 

11 (2) An assessment of the ability of existing reg12 ulatory authorities to regulate safety at the Depart13 ment of Energy defense nuclear facilities. 

14 (3) An assessment of the ability of the Defense 

15 Nuclear Facilities Safety Board to regulate safety at 

16 the Department of Energy defense nuclear facilities. 

17 (4) An assessment of the current functions of 

18 the Board and whether those functions should be 

19 modified or amended, including whether the Depart20 ment of Energy should pay an oversight fee to the 

21 Board. 

22 (5) An assessment of the relative advantages 

23 and disadvantages to the Department of Energy and 

24 the public of— 


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1 (A) continuing the oversight functions of 

2 the Board; or 

3 (B) replacing the oversight functions of the 

4 Board with external regulation of some or all of 

5 the Department of Energy defense nuclear fa6 cilities. 

7 (6) A list of all existing or planned Department 

8 of Energy defense nuclear facilities that are similar 

9 to facilities under the regulatory jurisdiction of the 

10 Nuclear Regulatory Commission. 

11 (7)(A) A list of each existing Department of 

12 Energy defense nuclear facility or activity relating to 

13 such a facility that the Comptroller General rec14 ommends should— 

15 (i) remain within the oversight jurisdiction 

16 of the Board for a period of time or indefi17 nitely; or 

18 (ii) be transferred to the jurisdiction of an 

19 outside regulatory authority; and 

20 (B) the basis for the recommendations of the 

21 Comptroller General. 

22 (8) For any existing Department of Energy de23 fense nuclear facilities that the Comptroller General 

24 recommends should be transferred to the jurisdiction 

25 of an outside regulatory authority— 


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1 (A) the date by which that transfer should 

2 occur and the period of time necessary for the 

3 transfer; and 

4 (B) whether the regulatory authority 

5 should be an existing or new regulatory author6 ity. 

7 (9) A list of any proposed Department of En8 ergy defense nuclear facilities and a recommendation 

9 of the Comptroller General with respect to whether 

10 each such facility— 

11 (A) should come under the oversight juris12 diction of the Board or be transferred to the ju13 risdiction of an outside regulatory authority; 

14 and 

15 (B) if the Comptroller General rec16 ommends that the facility be transferred to the 

17 jurisdiction of any outside regulatory authority, 

18 whether the regulatory authority should be an 

19 existing or new regulatory authority. 

20 (10) An assessment of the comparative advan21 tages and disadvantages to the Department of En22 ergy and to public health and safety of the transfer 

23 of some or all of the Department of Energy defense 

24 nuclear facilities from the oversight jurisdiction of 


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1 the Board to the jurisdiction of an outside regu2 latory authority. 

3 (11) An assessment of the comparative costs 

4 associated with external oversight or external regula5 tion of safety at Department of Energy defense nu6 clear facilities. 

7 (12) Any other recommendations of the Comp8 troller General with respect to external regulation or 

9 oversight of safety at the Department of Energy. 

10 (c) INTERIM REPORT.—Not later than 180 days after 

11 the date of the enactment of this Act, the Comptroller 

12 General shall submit to the congressional defense commit13 tees an interim report on the status of the study conducted 

14 under subsection (a). 

15 (d) FINAL REPORT.—Not later than one year after 

16 the date of the enactment of this Act, the Comptroller 

17 General shall submit to the congressional defense commit18 tees, the Secretary of Energy, the Defense Nuclear Facili19 ties Safety Board, and the Nuclear Regulatory Commis20 sion the final report of the Comptroller General that con21 tains the findings and recommendations of the Comp22 troller General resulting from the study conducted under 

23 subsection (a). 

24 (e) COMMENTS ON REPORT.—Not later than 180 

25 days after receiving the final report from the Comptroller 


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1 General under subsection (d), the Secretary of Energy, the 

2 Defense Nuclear Facilities Safety Board, and the Nuclear 

3 Regulatory Commission shall submit to the congressional 

4 defense committees the comments of the Secretary, the 

5 Board, or the Commission (as the case may be) on the 

6 report. 

7 (f) DEPARTMENT OF ENERGY DEFENSE NUCLEAR

8 FACILITY DEFINED.—In this section, the term ‘‘Depart9 ment of Energy defense nuclear facility’’ has the meaning 

10 given that term in section 318 of the Atomic Energy Act 

11 of 1954 (42 U.S.C. 2286g). 

12 SEC. 3123. PLAN TO COMPLETE THE GLOBAL INITIATIVES 

13 FOR PROLIFERATION PREVENTION PRO14 GRAM IN THE RUSSIAN FEDERATION. 

15 At or about the same time that the budget of the 

16 President for fiscal year 2013 is submitted to Congress 

17 under section 1105(a) of title 31, United States Code, the 

18 Administrator for Nuclear Security shall submit to Con19 gress a plan to complete the Global Initiatives for Pro20 liferation Prevention program in the Russian Federation 

21 by the end of calendar year 2013. 


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1 TITLE XXXII—DEFENSE NU2 CLEAR FACILITIES SAFETY 

3 BOARD 

4 SEC. 3201. AUTHORIZATION. 

5 There are authorized to be appropriated for fiscal 

6 year 2012, $33,317,000 for the operation of the Defense 

7 Nuclear Facilities Safety Board under chapter 21 of the 

8 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq). 

9 SEC. 3202. AUTHORITY OF THE DEFENSE NUCLEAR FACILI10 TIES SAFETY BOARD TO REVIEW THE FACIL11 ITY DESIGN AND CONSTRUCTION OF CON12 STRUCTION PROJECT 10–D–904 OF THE NA13 TIONAL NUCLEAR SECURITY ADMINISTRA14 TION. 

15 Notwithstanding section 318(1)(A) of the Atomic En16 ergy Act of 1954 (42 U.S.C. 2286g(1)(A)), the Defense 

17 Nuclear Facilities Safety Board shall exercise the author18 ity of the Board under section 312(a)(4) of that Act (42 

19 U.S.C. 2286a(a)(4)) to review the design of, and review 

20 and monitor construction with respect to, Construction 

21 Project 10–D–904 of the National Nuclear Security Ad22 ministration. 


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1 TITLE XXXIII—MARITIME 

2 ADMINISTRATION 

3 SEC. 3301. MARITIME ADMINISTRATION. 

4 Section 109 of title 49, United States Code, is 

5 amended to read as follows: 

6 ‘‘§ 109. Maritime Administration 

7 ‘‘(a) ORGANIZATION.—The Maritime Administration 

8 is an administration in the Department of Transportation. 

9 ‘‘(b) MARITIME ADMINISTRATOR.—The head of the 

10 Maritime Administration is the Maritime Administrator, 

11 who is appointed by the President by and with the advice 

12 and consent of the Senate. The Administrator shall report 

13 directly to the Secretary of Transportation and carry out 

14 the duties prescribed by the Secretary. 

15 ‘‘(c) DEPUTY MARITIME ADMINISTRATOR.—The 

16 Maritime Administration shall have a Deputy Maritime 

17 Administrator, who is appointed in the competitive service 

18 by the Secretary, after consultation with the Adminis19 trator. The Deputy Administrator shall carry out the du20 ties prescribed by the Administrator. The Deputy Admin21 istrator shall be Acting Administrator during the absence 

22 or disability of the Administrator and, unless the Sec23 retary designates another individual, during a vacancy in 

24 the office of Administrator. 


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1 ‘‘(d) DUTIES AND POWERS VESTED IN SEC2 RETARY.—All duties and powers of the Maritime Adminis3 tration are vested in the Secretary. 

4 ‘‘(e) REGIONAL OFFICES.—The Maritime Adminis5 tration shall have regional offices for the Atlantic, Gulf, 

6 Great Lakes, and Pacific port ranges, and may have other 

7 regional offices as necessary. The Secretary shall appoint 

8 a qualified individual as Director of each regional office. 

9 The Secretary shall carry out appropriate activities and 

10 programs of the Maritime Administration through the re11 gional offices. 

12 ‘‘(f) INTERAGENCY AND INDUSTRY RELATIONS.— 

13 The Secretary shall establish and maintain liaison with 

14 other agencies, and with representative trade organiza15 tions throughout the United States, concerned with the 

16 transportation of commodities by water in the export and 

17 import foreign commerce of the United States, for the pur18 pose of securing preference to vessels of the United States 

19 for the transportation of those commodities. 

20 ‘‘(g) DETAILING OFFICERS FROM ARMED FORCES.— 

21 To assist the Secretary in carrying out duties and powers 

22 relating to the Maritime Administration, not more than 

23 five officers of the armed forces may be detailed to the 

24 Secretary at any one time, in addition to details author25 ized by any other law. During the period of a detail, the 


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1 Secretary shall pay the officer an amount that, when 

2 added to the officer’s pay and allowances as an officer in 

3 the armed forces, makes the officer’s total pay and allow4 ances equal to the amount that would be paid to an indi5 vidual performing work the Secretary considers to be of 

6 similar importance, difficulty, and responsibility as that 

7 performed by the officer during the detail. 

8 ‘‘(h) CONTRACTS, COOPERATIVE AGREEMENTS, AND

9 AUDITS.— 

10 ‘‘(1) CONTRACTS AND COOPERATIVE AGREE11 MENTS.—In the same manner that a private cor12 poration may make a contract within the scope of its 

13 authority under its charter, the Secretary may make 

14 contracts and cooperative agreements for the United 

15 States Government and disburse amounts to— 

16 ‘‘(A) carry out the Secretary’s duties and 

17 powers under this section, subtitle V of title 46, 

18 and all other Maritime Administration pro19 grams; and 

20 ‘‘(B) protect, preserve, and improve collat21 eral held by the Secretary to secure indebted22 ness. 

23 ‘‘(2) AUDITS.—The financial transactions of 

24 the Secretary under paragraph (1) shall be audited 

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1 eral shall allow credit for an expenditure shown to 

2 be necessary because of the nature of the business 

3 activities authorized by this section or subtitle V of 

4 title 46. At least once a year, the Comptroller Gen5 eral shall report to Congress any departure by the 

6 Secretary from this section or subtitle V of title 46. 

7 ‘‘(i) GRANT ADMINISTRATIVE EXPENSES.—Except as 

8 otherwise provided by law, the administrative and related 

9 expenses for the administration of any grant programs by 

10 the Maritime Administrator may not exceed 3 percent. 

11 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— 

12 ‘‘(1) IN GENERAL.—Except as otherwise pro13 vided in this subsection, there are authorized to be 

14 appropriated such amounts as may be necessary to 

15 carry out the duties and powers of the Secretary re16 lating to the Maritime Administration. 

17 ‘‘(2) LIMITATIONS.—Only those amounts spe18 cifically authorized by law may be appropriated for 

19 the use of the Maritime Administration for— 

20 ‘‘(A) acquisition, construction, or recon21 struction of vessels; 

22 ‘‘(B) construction-differential subsidies in23 cident to the construction, reconstruction, or re24 conditioning of vessels; 

25 ‘‘(C) costs of national defense features; 


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26 

•S 1256 RS

1 ‘‘(D) payments of obligations incurred for 

2 operating-differential subsidies; 

3 ‘‘(E) expenses necessary for research and 

4 development activities, including reimbursement 

5 of the Vessel Operations Revolving Fund for 

6 losses resulting from expenses of experimental 

7 vessel operations; 

8 ‘‘(F) the Vessel Operations Revolving 

9 Fund; 

10 ‘‘(G) National Defense Reserve Fleet ex11 penses; 

12 ‘‘(H) expenses necessary to carry out part 

13 B of subtitle V of title 46; and 

14 ‘‘(I) other operations and training expenses 

15 related to the development of waterborne trans16 portation systems, the use of waterborne trans17 portation systems, and general administration. 

18 ‘‘(3) TRAINING VESSELS.—Amounts may not be 

19 appropriated for the purchase or construction of 

20 training vessels for State maritime academies unless 

21 the Secretary has approved a plan for sharing train22 ing vessels between State maritime academies.’’. 


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Calendar No. 83 

112TH CONGRESS 

1ST SESSION S. 1256 

A BILL 

To authorize appropriations for fiscal year 2012 for 

and for other purposes. defense activities of the Department of Energy, 

JUNE 22, 2011 

Read twice and placed on the calendar 


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