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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1393 Engrossed in Senate (ES)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Energy National 
Security Act for Fiscal Year 2010''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2.Table of contents.
Sec. 3. Congressional defense committees.
 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
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.
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.

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.

 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.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated to the Department of Energy for fiscal year 2010 for 
the activities of the National Nuclear Security Administration in 
carrying out programs necessary for national security in the amount of 
$10,051,215,000, to be allocated as follows:
            (1) For weapons activities, $6,490,619,000.
            (2) For defense nuclear nonproliferation activities, 
        including $705,900,000 for fissile materials disposition, 
        $2,136,709,000.
            (3) For naval reactors, $1,003,133,000.
            (4) For the Office of the Administrator for Nuclear 
        Security, $420,754,000.
    (b) Authorization of New Plant Projects.--From funds referred to in 
subsection (a) that are available for carrying out plant projects, the 
Secretary of Energy may carry out new plant projects for the National 
Nuclear Security Administration as follows:
            (1) For readiness in technical base and facilities, the 
        following new plant project:
                    Project 10-D-501, Nuclear Facility Risk Reduction 
                (NFRR), Y-12 National Security Complex, Oak Ridge, 
                Tennessee, $12,500,000.
            (2) For defense nuclear security, the following new plant 
        project:
                    Project 10-D-701, Security Improvement Project 
                (SIP), Y-12 National Security Complex, Oak Ridge, 
                Tennessee, $49,000,000.
            (3) For naval reactors, the following new plant projects:
                    Project 10-D-904, Naval Reactors Facility (NRF) 
                infrastructure upgrades, Naval Reactors Facility, Idaho 
                Falls, Idaho, $700,000.
                    Project 10-D-903, Security upgrades, Knolls Atomic 
                Power Laboratory, Knolls Site and Kesselring Site, 
                Schenectady, New York, $1,500,000.

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2010 for defense environmental cleanup 
activities in carrying out programs necessary for national security in 
the amount of $5,395,831,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2010 for other defense activities in carrying 
out programs necessary for national security in the amount of 
$852,468,000.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2010 for defense nuclear waste disposal for 
payment to the Nuclear Waste Fund established in section 302(c) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of 
$98,400,000.

SEC. 3105. FUNDING TABLE.

    The amounts authorized to be appropriated by sections 3101, 3102, 
3103, and 3104 shall be available, in accordance with the requirements 
of section 4001, for projects, programs, and activities, and in the 
amounts, specified in the funding table in section 4501.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

SEC. 3111. NUCLEAR WEAPONS STOCKPILE LIFE EXTENSION PROGRAM.

    Section 4204 of the Atomic Energy Defense Act (50 U.S.C. 2524) is 
amended to read as follows:

``SEC. 4204. NUCLEAR WEAPONS STOCKPILE LIFE EXTENSION PROGRAM.

    ``(a) Program Required.--The Secretary of Energy shall, in 
consultation with the Secretary of Defense, carry out a program to 
provide for the extension of the effective life of the weapons in the 
nuclear weapons stockpile without nuclear weapons testing.
    ``(b) Administrative Responsibility for Program.--
            ``(1) In general.--The program under subsection (a) shall 
        be carried out through the National Nuclear Security 
        Administration.
            ``(2) Inclusion of program funds in budget.--For each 
        budget submitted by the President to Congress under section 
        1105 of title 31, United States Code, the amounts requested for 
        the program under subsection (a) shall be clearly identified in 
        the budget justification materials submitted to Congress in 
        support of that budget.
    ``(c) Program Plan.--As part of the program under subsection (a), 
the Secretary of Energy shall develop a long-term plan to extend the 
effective life of the weapons in the nuclear weapons stockpile without 
nuclear weapons testing. The plan shall include the following:
            ``(1) Mechanisms to provide for the manufacture, 
        maintenance, and modernization of each weapon design in the 
        nuclear stockpile, as needed.
            ``(2) Mechanisms to expedite the collection of information 
        necessary for carrying out the program, including information 
        relating to the aging of materials and components, new 
        manufacturing techniques, and the replacement or substitution 
        of materials.
            ``(3) Mechanisms to ensure the appropriate assignment of 
        roles and missions for each nuclear weapons laboratory and 
        production plant of the Department of Energy, including 
        mechanisms for allocation of workload, mechanisms to ensure the 
        carrying out of appropriate modernization activities, and 
        mechanisms to ensure the retention of skilled personnel.
            ``(4) Mechanisms to ensure that each national laboratory of 
        the National Nuclear Security Administration has full and 
        complete access to all weapons data to enable a rigorous peer 
        review process to support the annual assessment of the 
        condition of the nuclear weapons stockpile required under 
        section 4205.
            ``(5) Mechanisms for allocating funds for activities under 
        the program, including allocations of funds by weapon type and 
        facility.
            ``(6) An identification of the funds needed, in the current 
        fiscal year and in each of the next 5 fiscal years, to carry 
        out the program.
    ``(d) Annual Updates.--The Secretary of Energy shall update the 
plan required under subsection (c) annually and shall submit the 
updated plan to Congress as part of the plan for maintaining the 
nuclear weapons stockpile submitted to Congress under section 4203(c).
    ``(e) Sense of Congress on Funding of Program.--It is the sense of 
Congress that the President should include in each budget for a fiscal 
year submitted to Congress under section 1105 of title 31, United 
States Code, sufficient funds to carry out in that fiscal year the 
activities under the program under subsection (a) that are specified in 
the most current version of the plan required under subsection (c).''.

SEC. 3112. ELIMINATION OF NUCLEAR WEAPONS LIFE EXTENSION PROGRAM FROM 
              EXCEPTION TO REQUIREMENT TO REQUEST FUNDS IN BUDGET OF 
              THE PRESIDENT.

    Section 4209 of the Atomic Energy Defense Act (50 U.S.C. 2529) is 
amended--
            (1) in subsection (c), by striking ``necessary--'' and all 
        that follows through the period and inserting ``necessary to 
        address proliferation concerns.''; and
            (2) in subsection (d)--
                    (A) by striking paragraph (1); and
                    (B) by redesignating paragraphs (2) and (3) as 
                paragraphs (1) and (2), respectively.

SEC. 3113. REPEAL OF RELIABLE REPLACEMENT WARHEAD PROGRAM.

    (a) In General.--Section 4204A of the Atomic Energy Defense Act (50 
U.S.C. 2524a) is repealed.
    (b) Conforming Amendment.--The table of contents for that Act is 
amended by striking the item relating to section 4204A.

SEC. 3114. AUTHORIZATION OF USE OF INTERNATIONAL NUCLEAR MATERIALS 
              PROTECTION AND COOPERATION PROGRAM FUNDS FOR BILATERAL 
              AND MULTILATERAL NONPROLIFERATION AND DISARMAMENT 
              ACTIVITIES.

    (a) In General.--Notwithstanding any other provision of law and 
subject to subsection (b), the Secretary of Energy may obligate or 
expend not more than 10 percent of the funds authorized to be 
appropriated or otherwise made available for the International Nuclear 
Materials Protection and Cooperation program in a fiscal year to 
provide assistance for or to otherwise carry out bilateral or 
multilateral activities relating to nonproliferation or disarmament.
    (b) Notification of Congressional Defense Committees.--The 
Secretary may obligate or expend funds pursuant to subsection (a) if, 
not less than 15 days before obligating or expending such funds--
            (1) the Secretary notifies the congressional defense 
        committees of the intent of the Secretary to obligate or expend 
        such funds; and
            (2) the President certifies to the congressional defense 
        committees that obligating or expending such funds is necessary 
        to support the national security objectives of the United 
        States.

SEC. 3115. REPEAL OF PROHIBITION ON FUNDING ACTIVITIES ASSOCIATED WITH 
              INTERNATIONAL COOPERATIVE STOCKPILE STEWARDSHIP.

    (a) In General.--Section 4301 of the Atomic Energy Defense Act (50 
U.S.C. 2561) is repealed.
    (b) Clerical Amendment.--The table of contents for that Act is 
amended by striking the item relating to section 4301.

SEC. 3116. MODIFICATION OF MINOR CONSTRUCTION THRESHOLD FOR PLANT 
              PROJECTS.

    Section 4701(3) of the Atomic Energy Defense Act (50 U.S.C. 
2741(3)) is amended by striking ``$5,000,000'' and inserting 
``$7,000,000''.

SEC. 3117. TWO-YEAR EXTENSION OF AUTHORITY 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, 2009'' and inserting 
``September 30, 2011''.

SEC. 3118. REPEAL OF SUNSET DATE FOR CONSOLIDATION OF 
              COUNTERINTELLIGENCE PROGRAMS OF DEPARTMENT OF ENERGY AND 
              NATIONAL NUCLEAR SECURITY ADMINISTRATION.

    Section 3117 of the John Warner National Defense Authorization Act 
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2507; 42 U.S.C. 
7144b note) is amended by amending subsection (a) to read as follows:
    ``(a) Transfer of Functions.--The functions, personnel, funds, 
assets, and other resources of the Office of Defense Nuclear 
Counterintelligence of the National Nuclear Security Administration are 
transferred to the Secretary of Energy, to be administered (except to 
any extent otherwise directed by the Secretary) by the Director of the 
Office of Counterintelligence of the Department of Energy.''.

                       Subtitle C--Other Matters

SEC. 3131. TEN-YEAR PLAN FOR UTILIZATION AND FUNDING OF CERTAIN 
              DEPARTMENT OF ENERGY FACILITIES.

    (a) In General.--The Administrator for Nuclear Security and the 
Under Secretary for Science of the Department of Energy shall jointly 
develop a plan to use and fund, over a ten-year period, the following 
facilities of the Department of Energy:
            (1) The National Ignition Facility at the Lawrence 
        Livermore National Laboratory, California.
            (2) The Los Alamos Neutron Science Center at the Los Alamos 
        National Laboratory, New Mexico.
            (3) The ``Z'' Machine at the Sandia National Laboratories, 
        New Mexico.
            (4) The Microsystems and Engineering Sciences Application 
        (MESA) Facility at the Sandia National Laboratories, New 
        Mexico.
    (b) Submittal of Plan.--Not later than 45 days after the date of 
the enactment of this Act, the Administrator for Nuclear Security and 
the Under Secretary for Science of the Department of Energy shall 
submit to the congressional defense committees the plan required by 
subsection (a).
    (c) Requirement to Specify Source of Facility Funding in Budget 
Requests.--In any budget request for the Department of Energy for a 
fiscal year that is submitted to Congress after the date of the 
enactment of this Act, the Secretary of Energy shall identify for that 
fiscal year the portion of the funding for each facility specified in 
subsection (a) that is to be provided by the National Nuclear Security 
Administration and by the Office of Science of the Department of 
Energy.

SEC. 3132. REVIEW OF MANAGEMENT AND OPERATION OF CERTAIN NATIONAL 
              LABORATORIES.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Energy shall, in consultation 
with the Committee on Armed Services of the Senate and the Committee on 
Armed Services of the House of Representatives, appoint an independent 
panel of experts to conduct a review of the management and operation of 
the following:
            (1) The Lawrence Livermore National Laboratory, California.
            (2) The Los Alamos National Laboratory, New Mexico.
            (3) The Sandia National Laboratories, New Mexico.
    (b) Administrative Provisions.--
            (1) Appointment of chairperson.--The Secretary of Energy 
        shall appoint a chairperson of the panel from among the members 
        of the panel.
            (2) Designation of agency staff to panel.--The Secretary of 
        Energy, the Secretary of Defense, and the Director of National 
        Intelligence shall each designate one or more employees of the 
        Department of Energy, the Department of Defense, and the 
        intelligence community, respectively, to serve as liaisons 
        between the panel and the Department of Energy, the Department 
        of Defense, or the intelligence community, as the case may be.
            (3) Agency cooperation.--The Secretary of Energy shall, in 
        consultation with the Secretary of Defense and the Director of 
        National Intelligence, ensure that the panel receives full and 
        timely cooperation from the Department of Energy, the 
        Department of Defense, and the Director of National 
        Intelligence in conducting the review required under subsection 
        (a).
            (4) Support from federally funded research and development 
        center.--The Secretary of Energy may use a federally funded 
        research and development center not associated with the 
        Department of Energy to provide support to the panel.
    (c) Elements.--The review required under subsection (a) shall 
include, with respect to each laboratory specified in such subsection, 
an evaluation of the following:
            (1) The quality of the scientific research being conducted 
        at the laboratory, including research with respect to weapons 
        science, nonproliferation, energy, and basic science.
            (2) The quality of the engineering being conducted at the 
        laboratory.
            (3) The general operations of the laboratory, including the 
        management of facilities and procedures with respect to safety, 
        security, environmental management and compliance, and human 
        capital.
            (4) The financial operations of the laboratory, including 
        contract administration, accounting controls, and management of 
        property and equipment.
            (5) The management of work conducted by the laboratory for 
        entities other than the Department of Energy, including 
        academic institutions and other Federal agencies, and 
        interactions between the laboratory and such entities.
            (6) The adequacy and effectiveness of the form and scope of 
        current management contracts in implementing the mission of the 
        laboratory.
            (7) The effectiveness of the management and oversight of 
        the laboratory by the Department of Energy.
    (d) Report of Panel.--The panel shall submit to the Secretary of 
Energy a report containing the results of the review and any 
recommendations of the panel resulting from the review.
    (e) Transmittal to Congress.--Not later than January 1, 2011, the 
Secretary of Energy shall transmit to the Committee on Armed Services 
of the Senate and the Committee on Armed Services of the House of 
Representatives the report of the panel submitted under subsection (d) 
and any comments or recommendations of the Secretary with respect to 
that report.

SEC. 3133. INCLUSION IN 2010 STOCKPILE STEWARDSHIP PLAN OF CERTAIN 
              INFORMATION RELATING TO STOCKPILE STEWARDSHIP CRITERIA.

    (a) In General.--The Secretary of Energy shall include in the 2010 
stockpile stewardship plan the elements specified in subsection (b).
    (b) Elements.--The elements specified in this subsection are the 
following:
            (1) An update of any information or criteria included in 
        the report on stockpile stewardship criteria submitted under 
        subsection (c) of section 4202 of the Atomic Energy Defense Act 
        (50 U.S.C. 2522).
            (2) A description of any additional information identified 
        under paragraph (1) of such subsection (c) or criteria 
        established under subsection (a) of such section 4202 during 
        the period beginning on the date of the submittal of the report 
        under section 3133 of the National Defense Authorization Act 
        for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1751; 50 
        U.S.C. 2523 note) and ending on the date of the submittal of 
        the 2010 stockpile stewardship plan.
            (3) For each science-based tool developed or modified by 
        the Department of Energy during the period described in 
        paragraph (2) to collect information needed to determine that 
        the nuclear weapons stockpile is safe, secure, and reliable--
                    (A) a description of the relationship of the 
                science-based tool to the collection of such 
                information; and
                    (B) a description of criteria for assessing the 
                effectiveness of the science-based tool in collecting 
                such information.
    (c) 2010 Stockpile Stewardship Plan Defined.--In this section, the 
term ``2010 stockpile stewardship plan'' means the updated version of 
the plan for maintaining the nuclear weapons stockpile developed under 
section 4203 of the Atomic Energy Defense Act (50 U.S.C. 2523) and 
required to be submitted to Congress on May 1, 2010, by subsection (c) 
of such section.

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.

    (a) In General.--The Comptroller General of the United States shall 
conduct a series of three reviews, as described in subsections (b), 
(c), and (d), of projects carried out by the Office of Environmental 
Management of the Department of Energy (in this section referred to as 
the ``Office'') using American Recovery and Reinvestment Act funds.
    (b) Phase One Review.--
            (1) In general.--Beginning on the date of the enactment of 
        this Act, the Comptroller General shall conduct a review of the 
        following:
                    (A) The criteria used by the Office to select 
                projects to be carried out using American Recovery and 
                Reinvestment Act funds.
                    (B) The extent to which lessons learned during 
                previous accelerations of defense environmental cleanup 
                efforts were used in the development of such criteria.
                    (C) The process used by the Office to estimate 
                costs and develop schedules for such projects.
                    (D) The process used by the Office for the 
                independent validation of the scope, cost, and schedule 
                for such projects.
                    (E) The criteria and methodology used by the Office 
                to measure the contribution of each such project toward 
                reducing the overall costs, and meeting the goals, of 
                defense environmental cleanup.
            (2) Report.--Not later than 30 days after the date of the 
        enactment of this Act, the Comptroller General shall submit to 
        the congressional defense committees a report containing the 
        results of the review conducted under paragraph (1).
    (c) Phase Two Review.--
            (1) In general.--The Comptroller General shall conduct a 
        review, during the period described in paragraph (2), of the 
        following:
                    (A) The implementation of each project carried out 
                using American Recovery and Reinvestment Act funds.
                    (B) The extent to which each such project is 
                meeting the cost and scheduling goals of the project.
                    (C) The number of jobs created or maintained 
                through such projects.
                    (D) The adequacy of contract oversight for such 
                projects.
                    (E) Any technical problems or other problems in 
                connection with such projects that are identified by 
                the Comptroller General in the course of the review.
                    (F) Any management and implementation issues or 
                actions, or other systemic issues, identified by the 
                Comptroller General in the course of the review that 
                either hinder or assist the effective management of 
                defense environmental cleanup efforts.
            (2) Period described.--The period described in this 
        paragraph is the period--
                    (A) beginning on the date on which the Comptroller 
                General submits the report required under subsection 
                (b)(2); and
                    (B) ending on the later of--
                            (i) the date on which all projects carried 
                        out using American Recovery and Reinvestment 
                        Act funds have been completed; or
                            (ii) the date on which all American 
                        Recovery and Reinvestment Act funds have been 
                        obligated or expended or are no longer 
                        available to be obligated or expended.
            (3) Reports.--The Comptroller General shall submit to the 
        congressional defense committees a report on the status of the 
        review conducted under paragraph (1) not later than 30 days 
        after submitting the report required under subsection (b)(2) 
        and every 120 days thereafter until the end of the period 
        described in paragraph (2).
    (d) Phase Three Review.--
            (1) In general.--Beginning on the date on which the 
        Comptroller General submits the last report required under 
        subsection (c)(3), the Comptroller General shall conduct a 
        review of the following:
                    (A) The implementation of all projects carried out 
                using American Recovery and Reinvestment Act funds, 
                including the number of such projects that were 
                completed, that were not completed, that were completed 
                on budget, that exceeded the budget for such project, 
                that were completed on schedule, and that exceeded the 
                scheduling goals for such project.
                    (B) The impact on employment as a result of the 
                completion of such projects.
                    (C) Any lessons learned as a result of accelerating 
                such projects.
                    (D) The extent to which the achievement of the 
                overall goals of defense environmental cleanup were 
                accelerated, and the overall costs of defense 
                environmental cleanup were reduced, as a result of such 
                projects.
                    (E) Any other issues the Comptroller General 
                considers appropriate with respect to such projects.
            (2) Report.--Not later than 90 days after submitting the 
        last report required under subsection (c)(3), the Comptroller 
        General shall submit to the congressional defense committees a 
        report containing the results of the review conducted under 
        paragraph (1).
    (e) American Recovery and Reinvestment Act Funds Defined.--In this 
section, the term ``American Recovery and Reinvestment Act funds'' 
means funds made available for the Office of Environmental Management 
under the heading ``Defense Environmental Cleanup'' under the heading 
``ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES'' under the heading 
``DEPARTMENT OF ENERGY'' under title IV of division A of the American 
Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 
140).

SEC. 3135. IDENTIFICATION IN BUDGET MATERIALS OF AMOUNTS FOR CERTAIN 
              DEPARTMENT OF ENERGY PENSION OBLIGATIONS.

    The Secretary of Energy shall include in the budget justification 
materials submitted to Congress in support of the Department of Energy 
budget for a fiscal year (as submitted with the budget of the President 
under section 1105(a) of title 31, United States Code) specific 
identification, as a budgetary line item, of the amounts required to 
meet the pension obligations of the Department of Energy for contractor 
employees at each facility of the Department of Energy operated using 
amounts authorized to be appropriated for the Department of Energy.

SEC. 3136. EXPANSION OF AUTHORITY OF OMBUDSMAN OF ENERGY EMPLOYEES 
              OCCUPATIONAL ILLNESS COMPENSATION PROGRAM.

    (a) In General.--Section 3686 of the Energy Employees Occupational 
Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-15) is 
amended--
            (1) in subsection (c), by inserting ``and subtitle B'' 
        after ``this subtitle'' each place it appears;
            (2) in subsection (d), by inserting ``and subtitle B'' 
        after ``this subtitle'';
            (3) in subsection (e), by inserting ``and subtitle B'' 
        after ``this subtitle'' each place it appears;
            (4) by redesignating subsection (g) as subsection (h); and
            (5) by inserting after subsection (f) the following new 
        subsection:
    ``(g) National Institute for Occupational Safety and Health 
Ombudsman.--In carrying out the duties of the Ombudsman under this 
section, the Ombudsman shall work with the individual employed by the 
National Institute for Occupational Safety and Health to serve as an 
ombudsman to individuals making claims under subtitle B.''.
    (b) Construction.--Except as specifically provided in subsection 
(g) of section 3686 of the Energy Employees Occupational Illness 
Compensation Program Act of 2000, as amended by subsection (a) of this 
section, nothing in the amendments made by such subsection (a) shall be 
construed to alter or affect the duties and functions of the individual 
employed by the National Institute for Occupational Safety and Health 
to serve as an ombudsman to individuals making claims under subtitle B 
of the Energy Employees Occupational Illness Compensation Program Act 
of 2000 (42 U.S.C. 7384l et seq.).

SEC. 3137. COMPTROLLER GENERAL STUDY OF STOCKPILE STEWARDSHIP PROGRAM.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study of the stockpile stewardship program established under 
section 4201 of the Atomic Energy Defense Act (50 U.S.C. 2521) to 
determine if the program was functioning, as of December 2008, as 
envisioned when the program was established.
    (b) Elements.--The study required by subsection (a) shall include 
the following:
            (1) An assessment of whether the capabilities determined to 
        be necessary to maintain the nuclear weapons stockpile without 
        nuclear testing have been implemented and the extent to which 
        such capabilities are functioning.
            (2) A review and description of the agreements governing 
        use, management, and support of the capabilities developed for 
        the stockpile stewardship program and an assessment of 
        enforcement of, and compliance with, those agreements.
            (3) An assessment of plans for surveillance and testing of 
        nuclear weapons in the stockpile and the extent of the 
        compliance with such plans.
            (4) An assessment of--
                    (A) the condition of the infrastructure at the 
                plants and laboratories of the nuclear weapons complex;
                    (B) the value of nuclear weapons facilities built 
                after 1992;
                    (C) any plans that are in place to maintain, 
                improve, or replace such infrastructure;
                    (D) whether there is a validated requirement for 
                all planned infrastructure replacement projects; and
                    (E) the projected costs for each such project and 
                the timeline for completion of each such project.
            (5) An assessment of the efforts to ensure and maintain the 
        intellectual and technical capability of the nuclear weapons 
        complex to support the nuclear weapons stockpile.
            (6) Recommendations for the stockpile stewardship program 
        going forward.
    (c) Report.--Not later than 270 days after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
congressional defense committees a report containing the results of the 
study required by subsection (a).

SEC. 3138. SENSE OF THE SENATE ON PRODUCTION OF MOLYBDENUM-99.

    (a) Findings.--The Senate makes the following findings:
            (1) There are fewer than five reactors around the world 
        currently capable of producing molybdenum-99 (Mo-99) and there 
        are no such reactors in the United States that can provide a 
        reliable supply of Mo-99 to meet medical needs.
            (2) Since November 2007, there have been major disruptions 
        in the global availability of Mo-99, including at facilities in 
        Canada and the Netherlands, which have led to shortages of Mo-
        99-based medical products in the United States and around the 
        world.
            (3) Ensuring a reliable supply of medical radioisotopes, 
        including Mo-99, is of great importance to the public health.
            (4) It is also a national security priority of the United 
        States, and specifically of the Department of Energy, to 
        encourage the production of low-enriched uranium-based 
        radioisotopes in order to promote a more peaceful international 
        nuclear order.
            (5) The National Academy of Sciences has identified a need 
        to establish a reliable capability in the United States for the 
        production of Mo-99 and its derivatives for medical purposes 
        using low-enriched uranium.
            (6) There also exists a capable industrial base in the 
        United States that can support the development of Mo-99 
        production facilities and can conduct the processing and 
        distribution of radiopharmaceutical products for use in medical 
        tests worldwide.
    (b) Sense of the Senate.--It is the sense of the Senate that--
            (1) radioisotopes and radiopharmaceuticals, including Mo-99 
        and its derivatives, are essential components of medical tests 
        that help diagnose and treat life-threatening diseases 
        affecting millions of people each year; and
            (2) the Secretary of Energy should continue and expand a 
        program to meet the need identified by the National Academy of 
        Sciences to ensure a source of Mo-99 and its derivatives for 
        use in medical tests to help ensure the health security of the 
        United States and around the world and promote peaceful nuclear 
        industries through the use of low-enriched uranium.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. AUTHORIZATION.

    There are authorized to be appropriated for fiscal year 2010, 
$26,086,000 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.).

                 TITLE XXXIII--MARITIME ADMINISTRATION

SEC. 3301. MARITIME ADMINISTRATION.

    Section 109 of title 49, United States Code, is amended to read as 
follows:
``Sec. 109. Maritime Administration
    ``(a) Organization.--The Maritime Administration is an 
administration in the Department of Transportation.
    ``(b) Maritime Administrator.--The head of the Maritime 
Administration is the Maritime Administrator, who is appointed by the 
President by and with the advice and consent of the Senate. The 
Administrator shall report directly to the Secretary of Transportation 
and carry out the duties prescribed by the Secretary.
    ``(c) Deputy Maritime Administrator.--The Maritime Administrator 
shall have a Deputy Maritime Administrator, who is appointed in the 
competitive service by the Secretary, after consultation with the 
Administrator. The Deputy Administrator shall carry out the duties 
prescribed by the Administrator. The Deputy Administrator shall be 
Acting Administrator during the absence or disability of the 
Administrator and, unless the Secretary designates another individual, 
during a vacancy in the office of Administrator.
    ``(d) Duties and Powers Vested in Secretary.--All duties and powers 
of the Maritime Administration are vested in the Secretary.
    ``(e) Regional Offices.--The Maritime Administration shall have 
regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port 
ranges, and may have other regional offices as necessary. The Secretary 
shall appoint a qualified individual as Director of each regional 
office. The Secretary shall carry out appropriate activities and 
programs of the Maritime Administration through the regional offices.
    ``(f) Interagency and Industry Relations.--The Secretary shall 
establish and maintain liaison with other agencies, and with 
representative trade organizations throughout the United States, 
concerned with the transportation of commodities by water in the export 
and import foreign commerce of the United States, for the purpose of 
securing preference to vessels of the United States for the 
transportation of those commodities.
    ``(g) Detailing Officers From Armed Forces.--To assist the 
Secretary in carrying out duties and powers relating to the Maritime 
Administration, not more than five officers of the armed forces may be 
detailed to the Secretary at any one time, in addition to details 
authorized by any other law. During the period of a detail, the 
Secretary shall pay the officer an amount that, when added to the 
officer's pay and allowances as an officer in the armed forces, make 
the officer's total pay and allowances equal to the amount that would 
be paid to an individual performing work the Secretary considers to be 
of similar importance, difficulty, and responsibility as that performed 
by the officer during the detail.
    ``(h) Contracts and Audits.--
            ``(1) Contracts.--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 
        for the United States Government and disburse amounts to--
                    ``(A) carry out the Secretary's duties and powers 
                under this section and subtitle V of title 46; and
                    ``(B) protect, preserve, and improve collateral 
                held by the Secretary to secure indebtedness.
            ``(2) Audits.--The financial transactions of the Secretary 
        under paragraph (1) shall be audited by the Comptroller 
        General. The Comptroller General shall allow credit for an 
        expenditure shown to be necessary because of the nature of the 
        business activities authorized by this section or subtitle V of 
        title 46. At least once a year, the Comptroller General shall 
        report to Congress any departure by the Secretary from this 
        section or subtitle V of title 46.
    ``(i) Authorization of Appropriations.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, there are authorized to be appropriated such 
        amounts as may be necessary to carry out the duties and powers 
        of the Secretary relating to the Maritime Administration.
            ``(2) Limitations.--Only those amounts specifically 
        authorized by law may be appropriated for the use of the 
        Maritime Administration for--
                    ``(A) acquisition, construction, or reconstruction 
                of vessels;
                    ``(B) construction-differential subsidies incident 
                to the construction, reconstruction, or reconditioning 
                of vessels;
                    ``(C) costs of national defense features;
                    ``(D) payments of obligations incurred for 
                operating-differential subsidies;
                    ``(E) expenses necessary for research and 
                development activities, including reimbursement of the 
                Vessel Operations Revolving Fund for losses resulting 
                from expenses of experimental vessel operations;
                    ``(F) the Vessel Operations Revolving Fund;
                    ``(G) National Defense Reserve Fleet expenses;
                    ``(H) expenses necessary to carry out part B of 
                subtitle V of title 46; and
                    ``(I) other operations and training expenses 
                related to the development of waterborne transportation 
                systems, the use of waterborne transportation systems, 
                and general administration.
            ``(3) Training vessels.--Amounts may not be appropriated 
        for the purchase or construction of training vessels for State 
        maritime academies unless the Secretary has approved a plan for 
        sharing training vessels between State maritime academies.''.

            Passed the Senate July 23, 2009.

            Attest:

                                                             Secretary.
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.
```