II 

Calendar No. 92 

111TH CONGRESS 

1ST SESSION S. 1393 

To authorize appropriations for fiscal year 2010 for defense activities of 

the Department of Energy, and for other purposes 

IN THE SENATE OF THE UNITED STATES 

JULY 2, 2009 

Mr. LEVIN, from the Committee on Armed Services reported under authority 

of the order of the Senate of June 25, 2009, the following original bill; 

which was read twice and placed on the calendar 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 National Security Act for Fiscal Year 2010’’. 

6 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 


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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. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

TITLE XXXIII—MARITIME ADMINISTRATION 

Sec. 3301. Maritime Administration. 


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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 Depart18 ment of Energy for fiscal year 2010 for the activities of 

19 the National Nuclear Security Administration in carrying 

20 out programs necessary for national security in the 

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

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

23 (2) For defense nuclear nonproliferation activi24 ties, including $705,900,000 for fissile materials dis25 position, $2,136,709,000. 

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


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1 (4) For the Office of the Administrator for Nu2 clear Security, $420,754,000. 

3 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

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

5 for carrying out plant projects, the Secretary of Energy 

6 may carry out new plant projects for the National Nuclear 

7 Security Administration as follows: 

8 (1) For readiness in technical base and facili9 ties, the following new plant project: 

10 Project 10–D–501, Nuclear Facility Risk 

11 Reduction (NFRR), Y–12 National Security 

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

13 (2) For defense nuclear security, the following 

14 new plant project: 

15 Project 10–D–701, Security Improvement 

16 Project (SIP), Y–12 National Security Com17 plex, Oak Ridge, Tennessee, $49,000,000. 

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

19 projects: 

20 Project 10–D–904, Naval Reactors Facility 

21 (NRF) infrastructure upgrades, Naval Reactors 

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

23 Project 10–D–903, Security upgrades, 

24 Knolls Atomic Power Laboratory, Knolls Site 


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1 and Kesselring Site, Schenectady, New York, 

2 $1,500,000. 

3 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

4 Funds are hereby authorized to be appropriated to 

5 the Department of Energy for fiscal year 2010 for defense 

6 environmental cleanup activities in carrying out programs 

7 necessary for national security in the amount of 

8 $5,395,831,000. 

9 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

10 Funds are hereby authorized to be appropriated to 

11 the Department of Energy for fiscal year 2010 for other 

12 defense activities in carrying out programs necessary for 

13 national security in the amount of $852,468,000. 

14 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 

15 Funds are hereby authorized to be appropriated to 

16 the Department of Energy for fiscal year 2010 for defense 

17 nuclear waste disposal for payment to the Nuclear Waste 

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

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

20 of $98,400,000. 

21 SEC. 3105. FUNDING TABLE. 

22 The amounts authorized to be appropriated by sec23 tions 3101, 3102, 3103, and 3104 shall be available, in 

24 accordance with the requirements of section 4001, for 


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

2 specified in the funding table in section 4501. 

3 Subtitle B—Program Authoriza4 tions, Restrictions, and Limita5 tions 

6 SEC. 3111. NUCLEAR WEAPONS STOCKPILE LIFE EXTEN7 SION PROGRAM. 

8 Section 4204 of the Atomic Energy Defense Act (50 

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

10 ‘‘SEC. 4204. NUCLEAR WEAPONS STOCKPILE LIFE EXTEN11 SION PROGRAM. 

12 ‘‘(a) PROGRAM REQUIRED.—The Secretary of En13 ergy shall, in consultation with the Secretary of Defense, 

14 carry out a program to provide for the extension of the 

15 effective life of the weapons in the nuclear weapons stock16 pile without nuclear weapons testing. 

17 ‘‘(b) ADMINISTRATIVE RESPONSIBILITY FOR PRO18 GRAM.— 

19 ‘‘(1) IN GENERAL.—The program under sub20 section (a) shall be carried out through the National 

21 Nuclear Security Administration. 

22 ‘‘(2) INCLUSION OF PROGRAM FUNDS IN BUDG23 ET.—For each budget submitted by the President to 

24 Congress under section 1105 of title 31, United 

25 States Code, the amounts requested for the program 


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

2 budget justification materials submitted to Congress 

3 in support of that budget. 

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

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

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

7 in the nuclear weapons stockpile without nuclear weapons 

8 testing. The plan shall include the following: 

9 ‘‘(1) Mechanisms to provide for the manufac10 ture, maintenance, and modernization of each weap11 on design in the nuclear stockpile, as needed. 

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

13 information necessary for carrying out the program, 

14 including information relating to the aging of mate15 rials and components, new manufacturing tech16 niques, and the replacement or substitution of mate17 rials. 

18 ‘‘(3) Mechanisms to ensure the appropriate as19 signment of roles and missions for each nuclear 

20 weapons laboratory and production plant of the De21 partment of Energy, including mechanisms for allo22 cation of workload, mechanisms to ensure the car23 rying out of appropriate modernization activities, 

24 and mechanisms to ensure the retention of skilled 

25 personnel. 


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

2 laboratory of the National Nuclear Security Admin3 istration has full and complete access to all weapons 

4 data to enable a rigorous peer review process to sup5 port the annual assessment of the condition of the 

6 nuclear weapons stockpile required under section 

7 4205. 

8 ‘‘(5) Mechanisms for allocating funds for activi9 ties under the program, including allocations of 

10 funds by weapon type and facility. 

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

12 the current fiscal year and in each of the next 5 fis13 cal years, to carry out the program. 

14 ‘‘(d) ANNUAL UPDATES.—The Secretary of Energy 

15 shall update the plan required under subsection (c) annu16 ally and shall submit the updated plan to Congress as part 

17 of the plan for maintaining the nuclear weapons stockpile 

18 submitted to Congress under section 4203(c). 

19 ‘‘(e) SENSE OF CONGRESS ON FUNDING OF PRO20 GRAM.—It is the sense of Congress that the President 

21 should include in each budget for a fiscal year submitted 

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

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

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


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1 specified in the most current version of the plan required 

2 under subsection (c).’’. 

3 SEC. 3112. ELIMINATION OF NUCLEAR WEAPONS LIFE EX4 TENSION PROGRAM FROM EXCEPTION TO RE5 QUIREMENT TO REQUEST FUNDS IN BUDGET 

6 OF THE PRESIDENT. 

7 Section 4209 of the Atomic Energy Defense Act (50 

8 U.S.C. 2529) is amended— 

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

10 ’’ and all that follows through the period and insert11 ing ‘‘necessary to address proliferation concerns.’’; 

12 and 

13 (2) in subsection (d)— 

14 (A) by striking paragraph (1); and 

15 (B) by redesignating paragraphs (2) and 

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

17 SEC. 3113. REPEAL OF RELIABLE REPLACEMENT WARHEAD 

18 PROGRAM. 

19 (a) IN GENERAL.—Section 4204A of the Atomic En20 ergy Defense Act (50 U.S.C. 2524a) is repealed. 

21 (b) CONFORMING AMENDMENT.—The table of con22 tents for that Act is amended by striking the item relating 

23 to section 4204A. 


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1 SEC. 3114. AUTHORIZATION OF USE OF INTERNATIONAL 

2 NUCLEAR MATERIALS PROTECTION AND CO3 OPERATION PROGRAM FUNDS FOR BILAT4 ERAL AND MULTILATERAL NONPROLIFERA5 TION AND DISARMAMENT ACTIVITIES. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law and subject to subsection (b), the Secretary 

8 of Energy may obligate or expend not more than 10 per9 cent of the funds authorized to be appropriated or other10 wise made available for the International Nuclear Mate11 rials Protection and Cooperation program in a fiscal year 

12 to provide assistance for or to otherwise carry out bilateral 

13 or multilateral activities relating to nonproliferation or 

14 disarmament. 

15 (b) NOTIFICATION OF CONGRESSIONAL DEFENSE

16 COMMITTEES.—The Secretary may obligate or expend 

17 funds pursuant to subsection (a) if, not less than 15 days 

18 before obligating or expending such funds— 

19 (1) the Secretary notifies the congressional de20 fense committees of the intent of the Secretary to 

21 obligate or expend such funds; and 

22 (2) the President certifies to the congressional 

23 defense committees that obligating or expending 

24 such funds is necessary to support the national secu25 rity objectives of the United States. 


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1 SEC. 3115. REPEAL OF PROHIBITION ON FUNDING ACTIVI2 TIES ASSOCIATED WITH INTERNATIONAL CO3 OPERATIVE STOCKPILE STEWARDSHIP. 

4 (a) IN GENERAL.—Section 4301 of the Atomic En5 ergy Defense Act (50 U.S.C. 2561) is repealed. 

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

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

8 section 4301. 

9 SEC. 3116. MODIFICATION OF MINOR CONSTRUCTION 

10 THRESHOLD FOR PLANT PROJECTS. 

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

12 (50 U.S.C. 2741(3)) is amended by striking ‘‘$5,000,000’’ 

13 and inserting ‘‘$7,000,000’’. 

14 SEC. 3117. TWO-YEAR EXTENSION OF AUTHORITY FOR AP15 POINTMENT OF CERTAIN SCIENTIFIC, ENGI16 NEERING, AND TECHNICAL PERSONNEL. 

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

18 (50 U.S.C. 2701(c)(1)) is amended by striking ‘‘Sep19 tember 30, 2009’’ and inserting ‘‘September 30, 2011’’. 

20 SEC. 3118. REPEAL OF SUNSET DATE FOR CONSOLIDATION 

21 OF COUNTERINTELLIGENCE PROGRAMS OF 

22 DEPARTMENT OF ENERGY AND NATIONAL 

23 NUCLEAR SECURITY ADMINISTRATION. 

24 Section 3117 of the John Warner National Defense 

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


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1 364; 120 Stat. 2507; 42 U.S.C. 7144b note) is amended 

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

3 ‘‘(a) TRANSFER OF FUNCTIONS.—The functions, per4 sonnel, funds, assets, and other resources of the Office of 

5 Defense Nuclear Counterintelligence of the National Nu6 clear Security Administration are transferred to the Sec7 retary of Energy, to be administered (except to any extent 

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

9 Office of Counterintelligence of the Department of En10 ergy.’’. 

11 Subtitle C—Other Matters 

12 SEC. 3131. TEN-YEAR PLAN FOR UTILIZATION AND FUND13 ING OF CERTAIN DEPARTMENT OF ENERGY 

14 FACILITIES. 

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

16 Security and the Under Secretary for Science of the De17 partment of Energy shall jointly develop a plan to use and 

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

19 Department of Energy: 

20 (1) The National Ignition Facility at the Law21 rence Livermore National Laboratory, California. 

22 (2) The Los Alamos Neutron Science Center at 

23 the Los Alamos National Laboratory, New Mexico. 

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

25 Laboratories, New Mexico. 


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1 (4) The Microsystems and Engineering Sciences 

2 Application (MESA) Facility at the Sandia National 

3 Laboratories, New Mexico. 

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

5 after the date of the enactment of this Act, the Adminis6 trator for Nuclear Security and the Under Secretary for 

7 Science of the Department of Energy shall submit to the 

8 congressional defense committees the plan required by 

9 subsection (a). 

10 (c) REQUIREMENT TO SPECIFY SOURCE OF FACILITY

11 FUNDING IN BUDGET REQUESTS.—In any budget request 

12 for the Department of Energy for a fiscal year that is sub13 mitted to Congress after the date of the enactment of this 

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

15 year the portion of the funding for each facility specified 

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

17 Nuclear Security Administration and by the Office of 

18 Science of the Department of Energy. 

19 SEC. 3132. REVIEW OF MANAGEMENT AND OPERATION OF 

20 CERTAIN NATIONAL LABORATORIES. 

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

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

23 shall, in consultation with the Committee on Armed Serv24 ices of the Senate and the Committee on Armed Services 

25 of the House of Representatives, appoint an independent 


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1 panel of experts to conduct a review of the management 

2 and operation of the following: 

3 (1) The Lawrence Livermore National Labora4 tory, California. 

5 (2) The Los Alamos National Laboratory, New 

6 Mexico. 

7 (3) The Sandia National Laboratories, New 

8 Mexico. 

9 (b) ADMINISTRATIVE PROVISIONS.— 

10 (1) APPOINTMENT OF CHAIRPERSON.—The 

11 Secretary of Energy shall appoint a chairperson of 

12 the panel from among the members of the panel. 

13 (2) DESIGNATION OF AGENCY STAFF TO

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

15 Defense, and the Director of National Intelligence 

16 shall each designate one or more employees of the 

17 Department of Energy, the Department of Defense, 

18 and the intelligence community, respectively, to serve 

19 as liaisons between the panel and the Department of 

20 Energy, the Department of Defense, or the intel21 ligence community, as the case may be. 

22 (3) AGENCY COOPERATION.—The Secretary of 

23 Energy shall, in consultation with the Secretary of 

24 Defense and the Director of National Intelligence, 

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1 operation from the Department of Energy, the De2 partment of Defense, and the Director of National 

3 Intelligence in conducting the review required under 

4 subsection (a). 

5 (4) SUPPORT FROM FEDERALLY FUNDED RE6 SEARCH AND DEVELOPMENT CENTER.—The Sec7 retary of Energy may use a federally funded re8 search and development center not associated with 

9 the Department of Energy to provide support to the 

10 panel. 

11 (c) ELEMENTS.—The review required under sub12 section (a) shall include, with respect to each laboratory 

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

14 (1) The quality of the scientific research being 

15 conducted at the laboratory, including research with 

16 respect to weapons science, nonproliferation, energy, 

17 and basic science. 

18 (2) The quality of the engineering being con19 ducted at the laboratory. 

20 (3) The general operations of the laboratory, in21 cluding the management of facilities and procedures 

22 with respect to safety, security, environmental man23 agement and compliance, and human capital. 


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1 (4) The financial operations of the laboratory, 

2 including contract administration, accounting con3 trols, and management of property and equipment. 

4 (5) The management of work conducted by the 

5 laboratory for entities other than the Department of 

6 Energy, including academic institutions and other 

7 Federal agencies, and interactions between the lab8 oratory and such entities. 

9 (6) The adequacy and effectiveness of the form 

10 and scope of current management contracts in im11 plementing the mission of the laboratory. 

12 (7) The effectiveness of the management and 

13 oversight of the laboratory by the Department of 

14 Energy. 

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

16 the Secretary of Energy a report containing the results 

17 of the review and any recommendations of the panel re18 sulting from the review. 

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

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

21 to the Committee on Armed Services of the Senate and 

22 the Committee on Armed Services of the House of Rep23 resentatives the report of the panel submitted under sub24 section (d) and any comments or recommendations of the 

25 Secretary with respect to that report. 


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1 SEC. 3133. INCLUSION IN 2010 STOCKPILE STEWARDSHIP 

2 PLAN OF CERTAIN INFORMATION RELATING 

3 TO STOCKPILE STEWARDSHIP CRITERIA. 

4 (a) IN GENERAL.—The Secretary of Energy shall in5 clude in the 2010 stockpile stewardship plan the elements 

6 specified in subsection (b). 

7 (b) ELEMENTS.—The elements specified in this sub8 section are the following: 

9 (1) An update of any information or criteria in10 cluded in the report on stockpile stewardship criteria 

11 submitted under subsection (c) of section 4202 of 

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

13 (2) A description of any additional information 

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

15 or criteria established under subsection (a) of such 

16 section 4202 during the period beginning on the 

17 date of the submittal of the report under section 

18 3133 of the National Defense Authorization Act for 

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

20 1751; 50 U.S.C. 2523 note) and ending on the date 

21 of the submittal of the 2010 stockpile stewardship 

22 plan. 

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

24 modified by the Department of Energy during the 

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1 tion needed to determine that the nuclear weapons 

2 stockpile is safe, secure, and reliable— 

3 (A) a description of the relationship of the 

4 science-based tool to the collection of such in5 formation; and 

6 (B) a description of criteria for assessing 

7 the effectiveness of the science-based tool in col8 lecting such information. 

9 (c) 2010 STOCKPILE STEWARDSHIP PLAN DE10 FINED.—In this section, the term ‘‘2010 stockpile stew11 ardship plan’’ means the updated version of the plan for 

12 maintaining the nuclear weapons stockpile developed 

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

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

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

16 SEC. 3134. COMPTROLLER GENERAL OF THE UNITED 

17 STATES REVIEW OF PROJECTS CARRIED OUT 

18 BY THE OFFICE OF ENVIRONMENTAL MAN19 AGEMENT OF THE DEPARTMENT OF ENERGY 

20 PURSUANT TO THE AMERICAN RECOVERY 

21 AND REINVESTMENT ACT OF 2009. 

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

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

24 described in subsections (b), (c), and (d), of projects car25 ried out by the Office of Environmental Management of 


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

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

3 Act funds. 

4 (b) PHASE ONE REVIEW.— 

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

6 enactment of this Act, the Comptroller General shall 

7 conduct a review of the following: 

8 (A) The criteria used by the Office to se9 lect projects to be carried out using American 

10 Recovery and Reinvestment Act funds. 

11 (B) The extent to which lessons learned 

12 during previous accelerations of defense envi13 ronmental cleanup efforts were used in the de14 velopment of such criteria. 

15 (C) The process used by the Office to esti16 mate costs and develop schedules for such 

17 projects. 

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

19 independent validation of the scope, cost, and 

20 schedule for such projects. 

21 (E) The criteria and methodology used by 

22 the Office to measure the contribution of each 

23 such project toward reducing the overall costs, 

24 and meeting the goals, of defense environmental 

25 cleanup. 


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

2 date of the enactment of this Act, the Comptroller 

3 General shall submit to the congressional defense 

4 committees a report containing the results of the re5 view conducted under paragraph (1). 

6 (c) PHASE TWO REVIEW.— 

7 (1) IN GENERAL.—The Comptroller General 

8 shall conduct a review, during the period described 

9 in paragraph (2), of the following: 

10 (A) The implementation of each project 

11 carried out using American Recovery and Rein12 vestment Act funds. 

13 (B) The extent to which each such project 

14 is meeting the cost and scheduling goals of the 

15 project. 

16 (C) The number of jobs created or main17 tained through such projects. 

18 (D) The adequacy of contract oversight for 

19 such projects. 

20 (E) Any technical problems or other prob21 lems in connection with such projects that are 

22 identified by the Comptroller General in the 

23 course of the review. 

24 (F) Any management and implementation 

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1 tified by the Comptroller General in the course 

2 of the review that either hinder or assist the ef3 fective management of defense environmental 

4 cleanup efforts. 

5 (2) PERIOD DESCRIBED.—The period described 

6 in this paragraph is the period— 

7 (A) beginning on the date on which the 

8 Comptroller General submits the report re9 quired under subsection (b)(2); and 

10 (B) ending on the later of— 

11 (i) the date on which all projects car12 ried out using American Recovery and Re13 investment Act funds have been completed; 

14 or 

15 (ii) the date on which all American 

16 Recovery and Reinvestment Act funds have 

17 been obligated or expended or are no 

18 longer available to be obligated or ex19 pended. 

20 (3) REPORTS.—The Comptroller General shall 

21 submit to the congressional defense committees a re22 port on the status of the review conducted under 

23 paragraph (1) not later than 30 days after submit24 ting the report required under subsection (b)(2) and 


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1 every 120 days thereafter until the end of the period 

2 described in paragraph (2). 

3 (d) PHASE THREE REVIEW.— 

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

5 which the Comptroller General submits the last re6 port required under subsection (c)(3), the Comp7 troller General shall conduct a review of the fol8 lowing: 

9 (A) The implementation of all projects car10 ried out using American Recovery and Reinvest11 ment Act funds, including the number of such 

12 projects that were completed, that were not 

13 completed, that were completed on budget, that 

14 exceeded the budget for such project, that were 

15 completed on schedule, and that exceeded the 

16 scheduling goals for such project. 

17 (B) The impact on employment as a result 

18 of the completion of such projects. 

19 (C) Any lessons learned as a result of ac20 celerating such projects. 

21 (D) The extent to which the achievement 

22 of the overall goals of defense environmental 

23 cleanup were accelerated, and the overall costs 

24 of defense environmental cleanup were reduced, 

25 as a result of such projects. 


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1 (E) Any other issues the Comptroller Gen2 eral considers appropriate with respect to such 

3 projects. 

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

5 submitting the last report required under subsection 

6 (c)(3), the Comptroller General shall submit to the 

7 congressional defense committees a report containing 

8 the results of the review conducted under paragraph 

9 (1). 

10 (e) AMERICAN RECOVERY AND REINVESTMENT ACT

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

12 Recovery and Reinvestment Act funds’’ means funds made 

13 available for the Office of Environmental Management 

14 under the heading ‘‘DEFENSE ENVIRONMENTAL CLEAN15 UP’’ under the heading ‘‘ENVIRONMENTAL AND 

16 OTHER DEFENSE ACTIVITIES’’ under the heading 

17 ‘‘DEPARTMENT OF ENERGY’’ under title IV of divi18 sion A of the American Recovery and Reinvestment Act 

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

20 SEC. 3135. IDENTIFICATION IN BUDGET MATERIALS OF 

21 AMOUNTS FOR CERTAIN DEPARTMENT OF 

22 ENERGY PENSION OBLIGATIONS. 

23 The Secretary of Energy shall include in the budget 

24 justification materials submitted to Congress in support 

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


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1 submitted with the budget of the President under section 

2 1105(a) of title 31, United States Code) specific identi3 fication, as a budgetary line item, of the amounts required 

4 to meet the pension obligations of the Department of En5 ergy for contractor employees at each facility of the De6 partment of Energy operated using amounts authorized 

7 to be appropriated for the Department of Energy for the 

8 National Nuclear Security Administration or for defense 

9 environmental cleanup. 

10 TITLE XXXII—DEFENSE NU11 CLEAR FACILITIES SAFETY 

12 BOARD 

13 SEC. 3201. AUTHORIZATION. 

14 There are authorized to be appropriated for fiscal 

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

16 Nuclear Facilities Safety Board under chapter 21 of the 

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

18 TITLE XXXIII—MARITIME 

19 ADMINISTRATION 

20 SEC. 3301. MARITIME ADMINISTRATION. 

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

22 amended to read as follows: 

23 ‘‘§ 109. Maritime Administration 

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

25 is an administration in the Department of Transportation. 


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

2 Maritime Administration is the Maritime Administrator, 

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

4 and consent of the Senate. The Administrator shall report 

5 directly to the Secretary of Transportation and carry out 

6 the duties prescribed by the Secretary. 

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

8 Maritime Administrator shall have a Deputy Maritime Ad9 ministrator, who is appointed in the competitive service 

10 by the Secretary, after consultation with the Adminis11 trator. The Deputy Administrator shall carry out the du12 ties prescribed by the Administrator. The Deputy Admin13 istrator shall be Acting Administrator during the absence 

14 or disability of the Administrator and, unless the Sec15 retary designates another individual, during a vacancy in 

16 the office of Administrator. 

17 ‘‘(d) DUTIES AND POWERS VESTED IN SEC18 RETARY.—All duties and powers of the Maritime Adminis19 tration are vested in the Secretary. 

20 ‘‘(e) REGIONAL OFFICES.—The Maritime Adminis21 tration shall have regional offices for the Atlantic, Gulf, 

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

23 regional offices as necessary. The Secretary shall appoint 

24 a qualified individual as Director of each regional office. 

25 The Secretary shall carry out appropriate activities and 


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1 programs of the Maritime Administration through the re2 gional offices. 

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

4 The Secretary shall establish and maintain liaison with 

5 other agencies, and with representative trade organiza6 tions throughout the United States, concerned with the 

7 transportation of commodities by water in the export and 

8 import foreign commerce of the United States, for the pur9 pose of securing preference to vessels of the United States 

10 for the transportation of those commodities. 

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

12 To assist the Secretary in carrying out duties and powers 

13 relating to the Maritime Administration, not more than 

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

15 Secretary at any one time, in addition to details author16 ized by any other law. During the period of a detail, the 

17 Secretary shall pay the officer an amount that, when 

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

19 the armed forces, make the officer’s total pay and allow20 ances equal to the amount that would be paid to an indi21 vidual performing work the Secretary considers to be of 

22 similar importance, difficulty, and responsibility as that 

23 performed by the officer during the detail. 

24 ‘‘(h) CONTRACTS AND AUDITS.— 


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

2 private corporation may make a contract within the 

3 scope of its authority under its charter, the Sec4 retary may make contracts for the United States 

5 Government and disburse amounts to— 

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

7 powers under this section and subtitle V of title 

8 46; and 

9 ‘‘(B) protect, preserve, and improve collat10 eral held by the Secretary to secure indebted11 ness. 

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

13 the Secretary under paragraph (1) shall be audited 

14 by the Comptroller General. The Comptroller Gen15 eral shall allow credit for an expenditure shown to 

16 be necessary because of the nature of the business 

17 activities authorized by this section or subtitle V of 

18 title 46. At least once a year, the Comptroller Gen19 eral shall report to Congress any departure by the 

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

21 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— 

22 ‘‘(1) IN GENERAL.—Except as otherwise pro23 vided in this subsection, there are authorized to be 

24 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.’’. 

10 DIVISION D—FUNDING TABLES 

11 SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TA12 BLES. 

13 (a) IN GENERAL.—Whenever a funding table in this 

14 division specifies a dollar amount authorized for a project, 

15 program, or activity, the obligation and expenditure of the 

16 specified dollar amount for the project, program, or activ17 ity is hereby authorized, subject to the availability of ap18 propriations. 

19 (b) MERIT-BASED DECISIONS.—Decisions by agency 

20 heads to commit, obligate, or expend funds with or to a 

21 specific entity on the basis of a dollar amount authorized 

22 pursuant to subsection (a) shall be based on authorized, 

23 transparent, statutory criteria, or merit-based selection 

24 procedures in accordance with the requirements of secVerDate Nov 24 2008 00:16 Jul 03, 2009 Jkt 079200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1393.PCS S1393

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1 tions 2304(k) and 2374 of title 10, United States Code, 

2 and other applicable provisions of law. 

3 (c) RELATIONSHIP TO TRANSFER AND REPROGRAM4 MING AUTHORITY.—An amount specified in the funding 

5 tables in this division may be transferred or repro6 grammed under a transfer or reprogramming authority 

7 provided by another provision of this Act or by other law. 

8 The transfer or reprogramming of an amount specified in 

9 such funding tables shall not count against a ceiling on 

10 such transfers or reprogrammings under section 1001 of 

11 this Act or any other provision of law, unless such transfer 

12 or reprogramming would move funds between appropria13 tion accounts. 

14 (d) ORAL AND WRITTEN COMMUNICATIONS.—No 

15 oral or written communication concerning any amount 

16 specified in the funding tables in this division shall 

17 supercede the requirements of this section. 


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Calendar No. 92 

111TH CONGRESS 

1ST SESSION S. 1393 

A BILL 

To authorize appropriations for fiscal year 2010 for 

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

JULY 2, 2009 

Read twice and placed on the calendar 


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