111TH CONGRESS 

1ST SESSION S. 1393 

AN ACT 

To authorize appropriations for fiscal year 2010 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, 
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1 SECTION 1. SHORT TITLE. 

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

3 National Security Act for Fiscal Year 2010’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 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. 

Sec. 3104. Defense nuclear waste disposal. 

Sec. 3105. Funding table. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Nuclear weapons stockpile life extension program. 

Sec. 3112. Elimination of nuclear weapons life extension program from exception to requirement to request funds in budget of the President. 

Sec. 3113. Repeal of Reliable Replacement Warhead program. 

Sec. 3114. Authorization of use of International Nuclear Materials Protection 

and Cooperation program funds for bilateral and multilateral 

nonproliferation and disarmament activities. 

Sec. 3115. Repeal of prohibition on funding activities associated with international cooperative stockpile stewardship. 

Sec. 3116. Modification of minor construction threshold for plant projects. 

Sec. 3117. Two-year extension of authority for appointment of certain scientific, engineering, and technical personnel. 

Sec. 3118. Repeal of sunset date for consolidation of counterintelligence programs of Department of Energy and National Nuclear Security 

Administration. 

Subtitle C—Other Matters 

Sec. 3131. Ten-year plan for utilization and funding of certain Department of 

Energy facilities. 

Sec. 3132. Review of management and operation of certain national laboratories. 

Sec. 3133. Inclusion in 2010 stockpile stewardship plan of certain information 

relating to stockpile stewardship criteria. 
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Sec. 3134. Comptroller General of the United States review of projects carried 

out by the Office of Environmental Management of the Department of Energy pursuant to the American Recovery and Reinvestment Act of 2009. 

Sec. 3135. Identification in budget materials of amounts for certain Department of Energy pension obligations. 

Sec. 3136. Expansion of authority of Ombudsman of Energy Employees Occupational Illness Compensation Program. 

Sec. 3137. Comptroller General study of stockpile stewardship program. 

Sec. 3138. Sense of the Senate on production of molybdenum–99. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

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. 

5 DIVISION C—DEPARTMENT OF 

6 ENERGY NATIONAL SECURITY 

7 AUTHORIZATIONS AND 

8 OTHER AUTHORIZATIONS 

9 TITLE XXXI—DEPARTMENT OF 

10 ENERGY NATIONAL SECURITY 

11 PROGRAMS 

12 Subtitle A—National Security 

13 Programs Authorizations 

14 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA15 TION. 

16 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

17 are hereby authorized to be appropriated to the Depart-
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1 ment of Energy for fiscal year 2010 for the activities of 

2 the National Nuclear Security Administration in carrying 

3 out programs necessary for national security in the 

4 amount of $10,051,215,000, to be allocated as follows: 

5 (1) For weapons activities, $6,490,619,000. 

6 (2) For defense nuclear nonproliferation activi7 ties, including $705,900,000 for fissile materials dis8 position, $2,136,709,000. 

9 (3) For naval reactors, $1,003,133,000. 

10 (4) For the Office of the Administrator for Nu11 clear Security, $420,754,000. 

12 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

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

14 for carrying out plant projects, the Secretary of Energy 

15 may carry out new plant projects for the National Nuclear 

16 Security Administration as follows: 

17 (1) For readiness in technical base and facili18 ties, the following new plant project: 

19 Project 10–D–501, Nuclear Facility Risk 

20 Reduction (NFRR), Y–12 National Security 

21 Complex, Oak Ridge, Tennessee, $12,500,000. 

22 (2) For defense nuclear security, the following 

23 new plant project: 
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1 Project 10–D–701, Security Improvement 

2 Project (SIP), Y–12 National Security Com3 plex, Oak Ridge, Tennessee, $49,000,000. 

4 (3) For naval reactors, the following new plant 

5 projects: 

6 Project 10–D–904, Naval Reactors Facility 

7 (NRF) infrastructure upgrades, Naval Reactors 

8 Facility, Idaho Falls, Idaho, $700,000. 

9 Project 10–D–903, Security upgrades, 

10 Knolls Atomic Power Laboratory, Knolls Site 

11 and Kesselring Site, Schenectady, New York, 

12 $1,500,000. 

13 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

14 Funds are hereby authorized to be appropriated to 

15 the Department of Energy for fiscal year 2010 for defense 

16 environmental cleanup activities in carrying out programs 

17 necessary for national security in the amount of 

18 $5,395,831,000. 

19 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

20 Funds are hereby authorized to be appropriated to 

21 the Department of Energy for fiscal year 2010 for other 

22 defense activities in carrying out programs necessary for 

23 national security in the amount of $852,468,000. 
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1 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 

2 Funds are hereby authorized to be appropriated to 

3 the Department of Energy for fiscal year 2010 for defense 

4 nuclear waste disposal for payment to the Nuclear Waste 

5 Fund established in section 302(c) of the Nuclear Waste 

6 Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount 

7 of $98,400,000. 

8 SEC. 3105. FUNDING TABLE. 

9 The amounts authorized to be appropriated by sec10 tions 3101, 3102, 3103, and 3104 shall be available, in 

11 accordance with the requirements of section 4001, for 

12 projects, programs, and activities, and in the amounts, 

13 specified in the funding table in section 4501. 

14 Subtitle B—Program Authoriza15 tions, Restrictions, and Limita16 tions 

17 SEC. 3111. NUCLEAR WEAPONS STOCKPILE LIFE EXTEN18 SION PROGRAM. 

19 Section 4204 of the Atomic Energy Defense Act (50 

20 U.S.C. 2524) is amended to read as follows: 

21 ‘‘SEC. 4204. NUCLEAR WEAPONS STOCKPILE LIFE EXTEN22 SION PROGRAM. 

23 ‘‘(a) PROGRAM REQUIRED.—The Secretary of En24 ergy shall, in consultation with the Secretary of Defense, 

25 carry out a program to provide for the extension of the 
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1 effective life of the weapons in the nuclear weapons stock2 pile without nuclear weapons testing. 

3 ‘‘(b) ADMINISTRATIVE RESPONSIBILITY FOR PRO4 GRAM.— 

5 ‘‘(1) IN GENERAL.—The program under sub6 section (a) shall be carried out through the National 

7 Nuclear Security Administration. 

8 ‘‘(2) INCLUSION OF PROGRAM FUNDS IN BUDG9 ET.—For each budget submitted by the President to 

10 Congress under section 1105 of title 31, United 

11 States Code, the amounts requested for the program 

12 under subsection (a) shall be clearly identified in the 

13 budget justification materials submitted to Congress 

14 in support of that budget. 

15 ‘‘(c) PROGRAM PLAN.—As part of the program under 

16 subsection (a), the Secretary of Energy shall develop a 

17 long-term plan to extend the effective life of the weapons 

18 in the nuclear weapons stockpile without nuclear weapons 

19 testing. The plan shall include the following: 

20 ‘‘(1) Mechanisms to provide for the manufac21 ture, maintenance, and modernization of each weap22 on design in the nuclear stockpile, as needed. 

23 ‘‘(2) Mechanisms to expedite the collection of 

24 information necessary for carrying out the program, 

25 including information relating to the aging of mate-
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1 rials and components, new manufacturing tech2 niques, and the replacement or substitution of mate3 rials. 

4 ‘‘(3) Mechanisms to ensure the appropriate as5 signment of roles and missions for each nuclear 

6 weapons laboratory and production plant of the De7 partment of Energy, including mechanisms for allo8 cation of workload, mechanisms to ensure the car9 rying out of appropriate modernization activities, 

10 and mechanisms to ensure the retention of skilled 

11 personnel. 

12 ‘‘(4) Mechanisms to ensure that each national 

13 laboratory of the National Nuclear Security Admin14 istration has full and complete access to all weapons 

15 data to enable a rigorous peer review process to sup16 port the annual assessment of the condition of the 

17 nuclear weapons stockpile required under section 

18 4205. 

19 ‘‘(5) Mechanisms for allocating funds for activi20 ties under the program, including allocations of 

21 funds by weapon type and facility. 

22 ‘‘(6) An identification of the funds needed, in 

23 the current fiscal year and in each of the next 5 fis24 cal years, to carry out the program. 
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1 ‘‘(d) ANNUAL UPDATES.—The Secretary of Energy 

2 shall update the plan required under subsection (c) annu3 ally and shall submit the updated plan to Congress as part 

4 of the plan for maintaining the nuclear weapons stockpile 

5 submitted to Congress under section 4203(c). 

6 ‘‘(e) SENSE OF CONGRESS ON FUNDING OF PRO7 GRAM.—It is the sense of Congress that the President 

8 should include in each budget for a fiscal year submitted 

9 to Congress under section 1105 of title 31, United States 

10 Code, sufficient funds to carry out in that fiscal year the 

11 activities under the program under subsection (a) that are 

12 specified in the most current version of the plan required 

13 under subsection (c).’’. 

14 SEC. 3112. ELIMINATION OF NUCLEAR WEAPONS LIFE EX15 TENSION PROGRAM FROM EXCEPTION TO RE16 QUIREMENT TO REQUEST FUNDS IN BUDGET 

17 OF THE PRESIDENT. 

18 Section 4209 of the Atomic Energy Defense Act (50 

19 U.S.C. 2529) is amended— 

20 (1) in subsection (c), by striking ‘‘necessary— 

21 ’’ and all that follows through the period and insert22 ing ‘‘necessary to address proliferation concerns.’’; 

23 and 

24 (2) in subsection (d)— 

25 (A) by striking paragraph (1); and 
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1 (B) by redesignating paragraphs (2) and 

2 (3) as paragraphs (1) and (2), respectively. 

3 SEC. 3113. REPEAL OF RELIABLE REPLACEMENT WARHEAD 

4 PROGRAM. 

5 (a) IN GENERAL.—Section 4204A of the Atomic En6 ergy Defense Act (50 U.S.C. 2524a) is repealed. 

7 (b) CONFORMING AMENDMENT.—The table of con8 tents for that Act is amended by striking the item relating 

9 to section 4204A. 

10 SEC. 3114. AUTHORIZATION OF USE OF INTERNATIONAL 

11 NUCLEAR MATERIALS PROTECTION AND CO12 OPERATION PROGRAM FUNDS FOR BILAT13 ERAL AND MULTILATERAL NONPROLIFERA14 TION AND DISARMAMENT ACTIVITIES. 

15 (a) IN GENERAL.—Notwithstanding any other provi16 sion of law and subject to subsection (b), the Secretary 

17 of Energy may obligate or expend not more than 10 per18 cent of the funds authorized to be appropriated or other19 wise made available for the International Nuclear Mate20 rials Protection and Cooperation program in a fiscal year 

21 to provide assistance for or to otherwise carry out bilateral 

22 or multilateral activities relating to nonproliferation or 

23 disarmament. 

24 (b) NOTIFICATION OF CONGRESSIONAL DEFENSE

25 COMMITTEES.—The Secretary may obligate or expend 
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1 funds pursuant to subsection (a) if, not less than 15 days 

2 before obligating or expending such funds— 

3 (1) the Secretary notifies the congressional de4 fense committees of the intent of the Secretary to 

5 obligate or expend such funds; and 

6 (2) the President certifies to the congressional 

7 defense committees that obligating or expending 

8 such funds is necessary to support the national secu9 rity objectives of the United States. 

10 SEC. 3115. REPEAL OF PROHIBITION ON FUNDING ACTIVI11 TIES ASSOCIATED WITH INTERNATIONAL CO12 OPERATIVE STOCKPILE STEWARDSHIP. 

13 (a) IN GENERAL.—Section 4301 of the Atomic En14 ergy Defense Act (50 U.S.C. 2561) is repealed. 

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

16 for that Act is amended by striking the item relating to 

17 section 4301. 

18 SEC. 3116. MODIFICATION OF MINOR CONSTRUCTION 

19 THRESHOLD FOR PLANT PROJECTS. 

20 Section 4701(3) of the Atomic Energy Defense Act 

21 (50 U.S.C. 2741(3)) is amended by striking ‘‘$5,000,000’’ 

22 and inserting ‘‘$7,000,000’’. 
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1 SEC. 3117. TWO-YEAR EXTENSION OF AUTHORITY FOR AP2 POINTMENT OF CERTAIN SCIENTIFIC, ENGI3 NEERING, AND TECHNICAL PERSONNEL. 

4 Section 4601(c)(1) of the Atomic Energy Defense Act 

5 (50 U.S.C. 2701(c)(1)) is amended by striking ‘‘Sep6 tember 30, 2009’’ and inserting ‘‘September 30, 2011’’. 

7 SEC. 3118. REPEAL OF SUNSET DATE FOR CONSOLIDATION 

8 OF COUNTERINTELLIGENCE PROGRAMS OF 

9 DEPARTMENT OF ENERGY AND NATIONAL 

10 NUCLEAR SECURITY ADMINISTRATION. 

11 Section 3117 of the John Warner National Defense 

12 Authorization Act for Fiscal Year 2007 (Public Law 109– 

13 364; 120 Stat. 2507; 42 U.S.C. 7144b note) is amended 

14 by amending subsection (a) to read as follows: 

15 ‘‘(a) TRANSFER OF FUNCTIONS.—The functions, per16 sonnel, funds, assets, and other resources of the Office of 

17 Defense Nuclear Counterintelligence of the National Nu18 clear Security Administration are transferred to the Sec19 retary of Energy, to be administered (except to any extent 

20 otherwise directed by the Secretary) by the Director of the 

21 Office of Counterintelligence of the Department of En22 ergy.’’. 
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1 Subtitle C—Other Matters 

2 SEC. 3131. TEN-YEAR PLAN FOR UTILIZATION AND FUND3 ING OF CERTAIN DEPARTMENT OF ENERGY 

4 FACILITIES. 

5 (a) IN GENERAL.—The Administrator for Nuclear 

6 Security and the Under Secretary for Science of the De7 partment of Energy shall jointly develop a plan to use and 

8 fund, over a ten-year period, the following facilities of the 

9 Department of Energy: 

10 (1) The National Ignition Facility at the Law11 rence Livermore National Laboratory, California. 

12 (2) The Los Alamos Neutron Science Center at 

13 the Los Alamos National Laboratory, New Mexico. 

14 (3) The ‘‘Z’’ Machine at the Sandia National 

15 Laboratories, New Mexico. 

16 (4) The Microsystems and Engineering Sciences 

17 Application (MESA) Facility at the Sandia National 

18 Laboratories, New Mexico. 

19 (b) SUBMITTAL OF PLAN.—Not later than 45 days 

20 after the date of the enactment of this Act, the Adminis21 trator for Nuclear Security and the Under Secretary for 

22 Science of the Department of Energy shall submit to the 

23 congressional defense committees the plan required by 

24 subsection (a). 
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1 (c) REQUIREMENT TO SPECIFY SOURCE OF FACILITY

2 FUNDING IN BUDGET REQUESTS.—In any budget request 

3 for the Department of Energy for a fiscal year that is sub4 mitted to Congress after the date of the enactment of this 

5 Act, the Secretary of Energy shall identify for that fiscal 

6 year the portion of the funding for each facility specified 

7 in subsection (a) that is to be provided by the National 

8 Nuclear Security Administration and by the Office of 

9 Science of the Department of Energy. 

10 SEC. 3132. REVIEW OF MANAGEMENT AND OPERATION OF 

11 CERTAIN NATIONAL LABORATORIES. 

12 (a) IN GENERAL.—Not later than 60 days after the 

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

14 shall, in consultation with the Committee on Armed Serv15 ices of the Senate and the Committee on Armed Services 

16 of the House of Representatives, appoint an independent 

17 panel of experts to conduct a review of the management 

18 and operation of the following: 

19 (1) The Lawrence Livermore National Labora20 tory, California. 

21 (2) The Los Alamos National Laboratory, New 

22 Mexico. 

23 (3) The Sandia National Laboratories, New 

24 Mexico. 

25 (b) ADMINISTRATIVE PROVISIONS.— 
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1 (1) APPOINTMENT OF CHAIRPERSON.—The 

2 Secretary of Energy shall appoint a chairperson of 

3 the panel from among the members of the panel. 

4 (2) DESIGNATION OF AGENCY STAFF TO

5 PANEL.—The Secretary of Energy, the Secretary of 

6 Defense, and the Director of National Intelligence 

7 shall each designate one or more employees of the 

8 Department of Energy, the Department of Defense, 

9 and the intelligence community, respectively, to serve 

10 as liaisons between the panel and the Department of 

11 Energy, the Department of Defense, or the intel12 ligence community, as the case may be. 

13 (3) AGENCY COOPERATION.—The Secretary of 

14 Energy shall, in consultation with the Secretary of 

15 Defense and the Director of National Intelligence, 

16 ensure that the panel receives full and timely co17 operation from the Department of Energy, the De18 partment of Defense, and the Director of National 

19 Intelligence in conducting the review required under 

20 subsection (a). 

21 (4) SUPPORT FROM FEDERALLY FUNDED RE22 SEARCH AND DEVELOPMENT CENTER.—The Sec23 retary of Energy may use a federally funded re24 search and development center not associated with 
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1 the Department of Energy to provide support to the 

2 panel. 

3 (c) ELEMENTS.—The review required under sub4 section (a) shall include, with respect to each laboratory 

5 specified in such subsection, an evaluation of the following: 

6 (1) The quality of the scientific research being 

7 conducted at the laboratory, including research with 

8 respect to weapons science, nonproliferation, energy, 

9 and basic science. 

10 (2) The quality of the engineering being con11 ducted at the laboratory. 

12 (3) The general operations of the laboratory, in13 cluding the management of facilities and procedures 

14 with respect to safety, security, environmental man15 agement and compliance, and human capital. 

16 (4) The financial operations of the laboratory, 

17 including contract administration, accounting con18 trols, and management of property and equipment. 

19 (5) The management of work conducted by the 

20 laboratory for entities other than the Department of 

21 Energy, including academic institutions and other 

22 Federal agencies, and interactions between the lab23 oratory and such entities. 
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1 (6) The adequacy and effectiveness of the form 

2 and scope of current management contracts in im3 plementing the mission of the laboratory. 

4 (7) The effectiveness of the management and 

5 oversight of the laboratory by the Department of 

6 Energy. 

7 (d) REPORT OF PANEL.—The panel shall submit to 

8 the Secretary of Energy a report containing the results 

9 of the review and any recommendations of the panel re10 sulting from the review. 

11 (e) TRANSMITTAL TO CONGRESS.—Not later than 

12 January 1, 2011, the Secretary of Energy shall transmit 

13 to the Committee on Armed Services of the Senate and 

14 the Committee on Armed Services of the House of Rep15 resentatives the report of the panel submitted under sub16 section (d) and any comments or recommendations of the 

17 Secretary with respect to that report. 

18 SEC. 3133. INCLUSION IN 2010 STOCKPILE STEWARDSHIP 

19 PLAN OF CERTAIN INFORMATION RELATING 

20 TO STOCKPILE STEWARDSHIP CRITERIA. 

21 (a) IN GENERAL.—The Secretary of Energy shall in22 clude in the 2010 stockpile stewardship plan the elements 

23 specified in subsection (b). 

24 (b) ELEMENTS.—The elements specified in this sub25 section are the following: 
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1 (1) An update of any information or criteria in2 cluded in the report on stockpile stewardship criteria 

3 submitted under subsection (c) of section 4202 of 

4 the Atomic Energy Defense Act (50 U.S.C. 2522). 

5 (2) A description of any additional information 

6 identified under paragraph (1) of such subsection (c) 

7 or criteria established under subsection (a) of such 

8 section 4202 during the period beginning on the 

9 date of the submittal of the report under section 

10 3133 of the National Defense Authorization Act for 

11 Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

12 1751; 50 U.S.C. 2523 note) and ending on the date 

13 of the submittal of the 2010 stockpile stewardship 

14 plan. 

15 (3) For each science-based tool developed or 

16 modified by the Department of Energy during the 

17 period described in paragraph (2) to collect informa18 tion needed to determine that the nuclear weapons 

19 stockpile is safe, secure, and reliable— 

20 (A) a description of the relationship of the 

21 science-based tool to the collection of such in22 formation; and 

23 (B) a description of criteria for assessing 

24 the effectiveness of the science-based tool in col25 lecting such information. 
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1 (c) 2010 STOCKPILE STEWARDSHIP PLAN DE2 FINED.—In this section, the term ‘‘2010 stockpile stew3 ardship plan’’ means the updated version of the plan for 

4 maintaining the nuclear weapons stockpile developed 

5 under section 4203 of the Atomic Energy Defense Act (50 

6 U.S.C. 2523) and required to be submitted to Congress 

7 on May 1, 2010, by subsection (c) of such section. 

8 SEC. 3134. COMPTROLLER GENERAL OF THE UNITED 

9 STATES REVIEW OF PROJECTS CARRIED OUT 

10 BY THE OFFICE OF ENVIRONMENTAL MAN11 AGEMENT OF THE DEPARTMENT OF ENERGY 

12 PURSUANT TO THE AMERICAN RECOVERY 

13 AND REINVESTMENT ACT OF 2009. 

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

15 United States shall conduct a series of three reviews, as 

16 described in subsections (b), (c), and (d), of projects car17 ried out by the Office of Environmental Management of 

18 the Department of Energy (in this section referred to as 

19 the ‘‘Office’’) using American Recovery and Reinvestment 

20 Act funds. 

21 (b) PHASE ONE REVIEW.— 

22 (1) IN GENERAL.—Beginning on the date of the 

23 enactment of this Act, the Comptroller General shall 

24 conduct a review of the following: 
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1 (A) The criteria used by the Office to se2 lect projects to be carried out using American 

3 Recovery and Reinvestment Act funds. 

4 (B) The extent to which lessons learned 

5 during previous accelerations of defense envi6 ronmental cleanup efforts were used in the de7 velopment of such criteria. 

8 (C) The process used by the Office to esti9 mate costs and develop schedules for such 

10 projects. 

11 (D) The process used by the Office for the 

12 independent validation of the scope, cost, and 

13 schedule for such projects. 

14 (E) The criteria and methodology used by 

15 the Office to measure the contribution of each 

16 such project toward reducing the overall costs, 

17 and meeting the goals, of defense environmental 

18 cleanup. 

19 (2) REPORT.—Not later than 30 days after the 

20 date of the enactment of this Act, the Comptroller 

21 General shall submit to the congressional defense 

22 committees a report containing the results of the re23 view conducted under paragraph (1). 

24 (c) PHASE TWO REVIEW.— 
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1 (1) IN GENERAL.—The Comptroller General 

2 shall conduct a review, during the period described 

3 in paragraph (2), of the following: 

4 (A) The implementation of each project 

5 carried out using American Recovery and Rein6 vestment Act funds. 

7 (B) The extent to which each such project 

8 is meeting the cost and scheduling goals of the 

9 project. 

10 (C) The number of jobs created or main11 tained through such projects. 

12 (D) The adequacy of contract oversight for 

13 such projects. 

14 (E) Any technical problems or other prob15 lems in connection with such projects that are 

16 identified by the Comptroller General in the 

17 course of the review. 

18 (F) Any management and implementation 

19 issues or actions, or other systemic issues, iden20 tified by the Comptroller General in the course 

21 of the review that either hinder or assist the ef22 fective management of defense environmental 

23 cleanup efforts. 

24 (2) PERIOD DESCRIBED.—The period described 

25 in this paragraph is the period— 
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1 (A) beginning on the date on which the 

2 Comptroller General submits the report re3 quired under subsection (b)(2); and 

4 (B) ending on the later of— 

5 (i) the date on which all projects car6 ried out using American Recovery and Re7 investment Act funds have been completed; 

8 or 

9 (ii) the date on which all American 

10 Recovery and Reinvestment Act funds have 

11 been obligated or expended or are no 

12 longer available to be obligated or ex13 pended. 

14 (3) REPORTS.—The Comptroller General shall 

15 submit to the congressional defense committees a re16 port on the status of the review conducted under 

17 paragraph (1) not later than 30 days after submit18 ting the report required under subsection (b)(2) and 

19 every 120 days thereafter until the end of the period 

20 described in paragraph (2). 

21 (d) PHASE THREE REVIEW.— 

22 (1) IN GENERAL.—Beginning on the date on 

23 which the Comptroller General submits the last re24 port required under subsection (c)(3), the Comp-
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1 troller General shall conduct a review of the fol2 lowing: 

3 (A) The implementation of all projects car4 ried out using American Recovery and Reinvest5 ment Act funds, including the number of such 

6 projects that were completed, that were not 

7 completed, that were completed on budget, that 

8 exceeded the budget for such project, that were 

9 completed on schedule, and that exceeded the 

10 scheduling goals for such project. 

11 (B) The impact on employment as a result 

12 of the completion of such projects. 

13 (C) Any lessons learned as a result of ac14 celerating such projects. 

15 (D) The extent to which the achievement 

16 of the overall goals of defense environmental 

17 cleanup were accelerated, and the overall costs 

18 of defense environmental cleanup were reduced, 

19 as a result of such projects. 

20 (E) Any other issues the Comptroller Gen21 eral considers appropriate with respect to such 

22 projects. 

23 (2) REPORT.—Not later than 90 days after 

24 submitting the last report required under subsection 

25 (c)(3), the Comptroller General shall submit to the 
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1 congressional defense committees a report containing 

2 the results of the review conducted under paragraph 

3 (1). 

4 (e) AMERICAN RECOVERY AND REINVESTMENT ACT

5 FUNDS DEFINED.—In this section, the term ‘‘American 

6 Recovery and Reinvestment Act funds’’ means funds made 

7 available for the Office of Environmental Management 

8 under the heading ‘‘DEFENSE ENVIRONMENTAL CLEAN9 UP’’ under the heading ‘‘ENVIRONMENTAL AND 

10 OTHER DEFENSE ACTIVITIES’’ under the heading 

11 ‘‘DEPARTMENT OF ENERGY’’ under title IV of divi12 sion A of the American Recovery and Reinvestment Act 

13 of 2009 (Public Law 111–5; 123 Stat. 140). 

14 SEC. 3135. IDENTIFICATION IN BUDGET MATERIALS OF 

15 AMOUNTS FOR CERTAIN DEPARTMENT OF 

16 ENERGY PENSION OBLIGATIONS. 

17 The Secretary of Energy shall include in the budget 

18 justification materials submitted to Congress in support 

19 of the Department of Energy budget for a fiscal year (as 

20 submitted with the budget of the President under section 

21 1105(a) of title 31, United States Code) specific identi22 fication, as a budgetary line item, of the amounts required 

23 to meet the pension obligations of the Department of En24 ergy for contractor employees at each facility of the De-
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1 partment of Energy operated using amounts authorized 

2 to be appropriated for the Department of Energy. 

3 SEC. 3136. EXPANSION OF AUTHORITY OF OMBUDSMAN OF 

4 ENERGY EMPLOYEES OCCUPATIONAL ILL5 NESS COMPENSATION PROGRAM. 

6 (a) IN GENERAL.—Section 3686 of the Energy Em7 ployees Occupational Illness Compensation Program Act 

8 of 2000 (42 U.S.C. 7385s–15) is amended— 

9 (1) in subsection (c), by inserting ‘‘and subtitle 

10 B’’ after ‘‘this subtitle’’ each place it appears; 

11 (2) in subsection (d), by inserting ‘‘and subtitle 

12 B’’ after ‘‘this subtitle’’; 

13 (3) in subsection (e), by inserting ‘‘and subtitle 

14 B’’ after ‘‘this subtitle’’ each place it appears; 

15 (4) by redesignating subsection (g) as sub16 section (h); and 

17 (5) by inserting after subsection (f) the fol18 lowing new subsection: 

19 ‘‘(g) NATIONAL INSTITUTE FOR OCCUPATIONAL

20 SAFETY AND HEALTH OMBUDSMAN.—In carrying out the 

21 duties of the Ombudsman under this section, the Ombuds22 man shall work with the individual employed by the Na23 tional Institute for Occupational Safety and Health to 

24 serve as an ombudsman to individuals making claims 

25 under subtitle B.’’. 
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1 (b) CONSTRUCTION.—Except as specifically provided 

2 in subsection (g) of section 3686 of the Energy Employees 

3 Occupational Illness Compensation Program Act of 2000, 

4 as amended by subsection (a) of this section, nothing in 

5 the amendments made by such subsection (a) shall be con6 strued to alter or affect the duties and functions of the 

7 individual employed by the National Institute for Occupa8 tional Safety and Health to serve as an ombudsman to 

9 individuals making claims under subtitle B of the Energy 

10 Employees Occupational Illness Compensation Program 

11 Act of 2000 (42 U.S.C. 7384l et seq.). 

12 SEC. 3137. COMPTROLLER GENERAL STUDY OF STOCKPILE 

13 STEWARDSHIP PROGRAM. 

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

15 United States shall conduct a study of the stockpile stew16 ardship program established under section 4201 of the 

17 Atomic Energy Defense Act (50 U.S.C. 2521) to deter18 mine if the program was functioning, as of December 

19 2008, as envisioned when the program was established. 

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

21 (a) shall include the following: 

22 (1) An assessment of whether the capabilities 

23 determined to be necessary to maintain the nuclear 

24 weapons stockpile without nuclear testing have been 
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1 implemented and the extent to which such capabili2 ties are functioning. 

3 (2) A review and description of the agreements 

4 governing use, management, and support of the ca5 pabilities developed for the stockpile stewardship 

6 program and an assessment of enforcement of, and 

7 compliance with, those agreements. 

8 (3) An assessment of plans for surveillance and 

9 testing of nuclear weapons in the stockpile and the 

10 extent of the compliance with such plans. 

11 (4) An assessment of— 

12 (A) the condition of the infrastructure at 

13 the plants and laboratories of the nuclear weap14 ons complex; 

15 (B) the value of nuclear weapons facilities 

16 built after 1992; 

17 (C) any plans that are in place to main18 tain, improve, or replace such infrastructure; 

19 (D) whether there is a validated require20 ment for all planned infrastructure replacement 

21 projects; and 

22 (E) the projected costs for each such 

23 project and the timeline for completion of each 

24 such project. 
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1 (5) An assessment of the efforts to ensure and 

2 maintain the intellectual and technical capability of 

3 the nuclear weapons complex to support the nuclear 

4 weapons stockpile. 

5 (6) Recommendations for the stockpile steward6 ship program going forward. 

7 (c) REPORT.—Not later than 270 days after the date 

8 of the enactment of this Act, the Comptroller General shall 

9 submit to the congressional defense committees a report 

10 containing the results of the study required by subsection 

11 (a). 

12 SEC. 3138. SENSE OF THE SENATE ON PRODUCTION OF MO13 LYBDENUM–99. 

14 (a) FINDINGS.—The Senate makes the following 

15 findings: 

16 (1) There are fewer than five reactors around 

17 the world currently capable of producing molyb18 denum–99 (Mo–99) and there are no such reactors 

19 in the United States that can provide a reliable sup20 ply of Mo–99 to meet medical needs. 

21 (2) Since November 2007, there have been 

22 major disruptions in the global availability of Mo– 

23 99, including at facilities in Canada and the Nether24 lands, which have led to shortages of Mo–99-based 
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1 medical products in the United States and around 

2 the world. 

3 (3) Ensuring a reliable supply of medical 

4 radioisotopes, including Mo–99, is of great impor5 tance to the public health. 

6 (4) It is also a national security priority of the 

7 United States, and specifically of the Department of 

8 Energy, to encourage the production of low-enriched 

9 uranium-based radioisotopes in order to promote a 

10 more peaceful international nuclear order. 

11 (5) The National Academy of Sciences has 

12 identified a need to establish a reliable capability in 

13 the United States for the production of Mo–99 and 

14 its derivatives for medical purposes using low-en15 riched uranium. 

16 (6) There also exists a capable industrial base 

17 in the United States that can support the develop18 ment of Mo–99 production facilities and can conduct 

19 the processing and distribution of radiopharma20 ceutical products for use in medical tests worldwide. 

21 (b) SENSE OF THE SENATE.—It is the sense of the 

22 Senate that— 

23 (1) radioisotopes and radiopharmaceuticals, in24 cluding Mo–99 and its derivatives, are essential com25 ponents of medical tests that help diagnose and 
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1 treat life-threatening diseases affecting millions of 

2 people each year; and 

3 (2) the Secretary of Energy should continue 

4 and expand a program to meet the need identified 

5 by the National Academy of Sciences to ensure a 

6 source of Mo–99 and its derivatives for use in med7 ical tests to help ensure the health security of the 

8 United States and around the world and promote 

9 peaceful nuclear industries through the use of low10 enriched uranium. 

11 TITLE XXXII—DEFENSE NU12 CLEAR FACILITIES SAFETY 

13 BOARD 

14 SEC. 3201. AUTHORIZATION. 

15 There are authorized to be appropriated for fiscal 

16 year 2010, $26,086,000 for the operation of the Defense 

17 Nuclear Facilities Safety Board under chapter 21 of the 

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

19 TITLE XXXIII—MARITIME 

20 ADMINISTRATION 

21 SEC. 3301. MARITIME ADMINISTRATION. 

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

23 amended to read as follows: 
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1 ‘‘§ 109. Maritime Administration 

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

3 is an administration in the Department of Transportation. 

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

5 Maritime Administration is the Maritime Administrator, 

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

7 and consent of the Senate. The Administrator shall report 

8 directly to the Secretary of Transportation and carry out 

9 the duties prescribed by the Secretary. 

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

11 Maritime Administrator shall have a Deputy Maritime Ad12 ministrator, who is appointed in the competitive service 

13 by the Secretary, after consultation with the Adminis14 trator. The Deputy Administrator shall carry out the du15 ties prescribed by the Administrator. The Deputy Admin16 istrator shall be Acting Administrator during the absence 

17 or disability of the Administrator and, unless the Sec18 retary designates another individual, during a vacancy in 

19 the office of Administrator. 

20 ‘‘(d) DUTIES AND POWERS VESTED IN SEC21 RETARY.—All duties and powers of the Maritime Adminis22 tration are vested in the Secretary. 

23 ‘‘(e) REGIONAL OFFICES.—The Maritime Adminis24 tration shall have regional offices for the Atlantic, Gulf, 

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

26 regional offices as necessary. The Secretary shall appoint 
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1 a qualified individual as Director of each regional office. 

2 The Secretary shall carry out appropriate activities and 

3 programs of the Maritime Administration through the re4 gional offices. 

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

6 The Secretary shall establish and maintain liaison with 

7 other agencies, and with representative trade organiza8 tions throughout the United States, concerned with the 

9 transportation of commodities by water in the export and 

10 import foreign commerce of the United States, for the pur11 pose of securing preference to vessels of the United States 

12 for the transportation of those commodities. 

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

14 To assist the Secretary in carrying out duties and powers 

15 relating to the Maritime Administration, not more than 

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

17 Secretary at any one time, in addition to details author18 ized by any other law. During the period of a detail, the 

19 Secretary shall pay the officer an amount that, when 

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

21 the armed forces, make the officer’s total pay and allow22 ances equal to the amount that would be paid to an indi23 vidual performing work the Secretary considers to be of 

24 similar importance, difficulty, and responsibility as that 

25 performed by the officer during the detail. 
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1 ‘‘(h) CONTRACTS AND AUDITS.— 

2 ‘‘(1) CONTRACTS.—In the same manner that a 

3 private corporation may make a contract within the 

4 scope of its authority under its charter, the Sec5 retary may make contracts for the United States 

6 Government and disburse amounts to— 

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

8 powers under this section and subtitle V of title 

9 46; and 

10 ‘‘(B) protect, preserve, and improve collat11 eral held by the Secretary to secure indebted12 ness. 

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

14 the Secretary under paragraph (1) shall be audited 

15 by the Comptroller General. The Comptroller Gen16 eral shall allow credit for an expenditure shown to 

17 be necessary because of the nature of the business 

18 activities authorized by this section or subtitle V of 

19 title 46. At least once a year, the Comptroller Gen20 eral shall report to Congress any departure by the 

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

22 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— 

23 ‘‘(1) IN GENERAL.—Except as otherwise pro24 vided in this subsection, there are authorized to be 

25 appropriated such amounts as may be necessary to 
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1 carry out the duties and powers of the Secretary re2 lating to the Maritime Administration. 

3 ‘‘(2) LIMITATIONS.—Only those amounts spe4 cifically authorized by law may be appropriated for 

5 the use of the Maritime Administration for— 

6 ‘‘(A) acquisition, construction, or recon7 struction of vessels; 

8 ‘‘(B) construction-differential subsidies in9 cident to the construction, reconstruction, or re10 conditioning of vessels; 

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

12 ‘‘(D) payments of obligations incurred for 

13 operating-differential subsidies; 

14 ‘‘(E) expenses necessary for research and 

15 development activities, including reimbursement 

16 of the Vessel Operations Revolving Fund for 

17 losses resulting from expenses of experimental 

18 vessel operations; 

19 ‘‘(F) the Vessel Operations Revolving 

20 Fund; 

21 ‘‘(G) National Defense Reserve Fleet ex22 penses; 

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

24 B of subtitle V of title 46; and 
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1 ‘‘(I) other operations and training expenses 

2 related to the development of waterborne trans3 portation systems, the use of waterborne trans4 portation systems, and general administration. 

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

6 appropriated for the purchase or construction of 

7 training vessels for State maritime academies unless 

8 the Secretary has approved a plan for sharing train9 ing vessels between State maritime academies.’’. 

Passed the Senate July 23, 2009. 

Attest: 

Secretary. 
111TH CONGRESS 

1ST SESSION S. 1393 

AN ACT 

To authorize appropriations for fiscal year 2010 for 

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