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members of the Armed Forces who have served as divers 
and whose service in defense of the United States has been 
carried out beneath the waters of the world, so long as 
the Secretary of the Navy has exclusive authority to ap-
prove the design and site of the memorial. 
SEC. 2864. GOLD STAR MOTHERS NATIONAL MONUMENT, 
ARLINGTON NATIONAL CEMETERY. 
(a) ESTABLISHMENT.—The Secretary of the Army 
shall permit the Gold Star Mothers National Monument 
Foundation (a nonprofit corporation established under the 
laws of the District of Columbia) to establish an appro-
priate monument in Arlington National Cemetery or on 
Federal land in its environs under the jurisdiction of the 
Department of the Army to commemorate the sacrifices 
made by mothers, and made by their sons and daughters 
who as members of the Armed Forces make the ultimate 
sacrifice, in defense of the United States. The monument 
shall be known as the ‘‘Gold Star Mothers National Monu-
ment’’. 
(b) PAYMENT OF EXPENSES.—The Gold Star Moth-
ers National Monument Foundation shall be solely respon-
sible for acceptance of contributions for, and payment of 
the expenses of, the establishment of the monument, and 
no Federal funds may be used to pay such expenses. 
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SEC. 2865. NAMING OF TRAINING AND SUPPORT COMPLEX, 
FORT BRAGG, NORTH CAROLINA. 
(a) NAMING.—The complex located on Fort Bragg, 
North Carolina, currently referred to as ‘‘Patriot Point’’, 
shall be known and designated as the ‘‘Colonel Robert 
Howard Training and Support Complex’’. 
(b) REFERENCES.—Any reference in a law, map, reg-
ulation, document, paper, or other record of the United 
States to the complex referred to in subsection (a) shall 
be deemed to be a reference to the ‘‘Colonel Robert How-
ard Training and Support Complex’’. 
SEC. 2866. NAMING OF ELECTROCHEMISTRY ENGINEERING 
FACILITY, NAVAL SUPPORT ACTIVITY CRANE, 
CRANE, INDIANA. 
(a) NAMING.—The electrochemistry engineering facil-
ity on Naval Support Activity Crane, Crane, Indiana, shall 
be known and designated as the ‘‘John Hostettler Electro-
chemistry Engineering Facility’’. 
(b) REFERENCES.—Any reference in a law, map, reg-
ulation, document, paper, or other record of the United 
States to the facility referred to in subsection (a) shall 
be deemed to be a reference to the ‘‘John Hostettler Elec-
trochemistry Engineering Facility’’. 
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SEC. 2867. RETENTION OF CORE FUNCTIONS OF THE ELEC-
TRONIC SYSTEMS CENTER AT HANSCOM AIR 
FORCE BASE, MASSACHUSETTS. 
The Secretary of the Air Force shall retain the core 
functions of the Electronic Systems Center at Hanscom 
Air Force Base, Massachusetts, with the same integrated 
mission elements, responsibilities, and capabilities as ex-
isted as of November 1, 2011, until such time as such 
integrated mission elements, responsibilities, and capabili-
ties are modified pursuant to section 2687 of title 10, 
United States Code, or a subsequent law providing for the 
closure or realignment of military installations in the 
United States. 
SEC. 2868. RETENTION OF CORE FUNCTIONS OF THE AIR 
FORCE MATERIEL COMMAND, WRIGHT-PAT-
TERSON AIR FORCE BASE, OHIO. 
The Secretary of the Air Force shall retain the core 
functions of the Air Force Materiel Command that exist 
at Wright-Patterson Air Force Base, Ohio, as of Novem-
ber 1, 2011, until such time as such core functions are 
modified pursuant to section 2687 of title 10, United 
States Code, or a subsequent law providing for the closure 
or realignment of military installations in the United 
States. 
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SEC. 2869. MASSACHUSETTS INSTITUTE OF TECHNOLOGY— 
LINCOLN 
LABORATORY 
IMPROVEMENT 
PROJECT. 
(a) 
IMPROVEMENT
AND
MODERNIZATION 
PROJECT.—The Secretary of the Air Force may enter into 
discussions with the Massachusetts Institute of Tech-
nology for a project to improve and modernize the Lincoln 
Laboratory complex at Hanscom Air Force Base, Massa-
chusetts. The project may include modifications and addi-
tions to research laboratories, office spaces, and sup-
porting facilities necessary to carry out the mission of the 
Lincoln Laboratory as a Federally Funded Research and 
Development Center (in this section referred to as 
‘‘FFRDC’’). Supporting facilities under the project may 
include infrastructure for utilities. 
(b) USE OF FACILITIES.—The right of the Massachu-
setts Institute of Technology to use such facilities and 
equipment shall be as provided by the FFRDC Sponsoring 
Agreement and FFRDC contract between the Department 
of Defense and the Massachusetts Institute of Technology. 
(c) RULE
OF CONSTRUCTION REGARDING CON-
STRUCTION AUTHORITY.—Nothing in this section shall be 
construed to authorize the Secretary of the Air Force to 
carry out a construction project at Hanscom Air Force 
Base, Massachusetts, unless such project is otherwise au-
thorized by law. 
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(d) ADDITIONAL TERMS
AND CONDITIONS.—The 
Secretary may require such additional terms and condi-
tions in the FFRDC Sponsoring Agreement and the 
FFRDC contract as the Secretary of the Air Force con-
siders appropriate to protect the interests of the United 
States. 
SEC. 2870. LIMITATION ON AVAILABILITY OF FUNDS PEND-
ING REPORT REGARDING ACQUISITION OF 
LAND AND DEVELOPMENT OF A TRAINING 
RANGE FACILITY ADJACENT TO THE MARINE 
CORPS GROUND AIR COMBAT CENTER TWEN-
TY NINE PALMS, CALIFORNIA. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The Marine Corps has studied the feasi-
bility of acquiring land and developing a training 
range facility to conduct Marine Expeditionary Bri-
gade level live-fire training on or near the West 
Coast. 
(2) The Bureau of Land management estimates 
on national economic impact show $261.5 million in 
commerce at risk. 
(3) Economic impact on the local community is 
estimated to be $71.1 million. 
(b) LIMITATION OF FUNDS PENDING REPORT.— 
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(1) IN GENERAL.—The Secretary of the Navy 
may not obligate or expend funds for the transfer of 
land or development of a new training range on land 
adjacent to the Marine Corps Ground Air Combat 
Center Twenty Nine Palms, California until the Sec-
retary of the Navy has provided the Congressional 
defense committees a report on the Marine Corps’ 
efforts with respect to the proposed training range. 
(2) ELEMENTS
OF
REPORT.—The report re-
quired under paragraph (1) shall be submitted not 
later than 90 days after the date of enactment of 
this Act and shall include the following: 
(A) A description of the actual training re-
quirements for the proposed range and where 
those training requirements are currently being 
met to support combat deployments. 
(B) Identify the impact on off-road vehicle 
recreational users of the land, the economic im-
pact on the local economy, the recreation indus-
try, and any other stakeholders. 
(C) Identify any concerns discussed with 
the Bureau of Land Management regarding 
their assessments of the impact on other users. 
(D) Identify the impact on the State of 
California’s 1980 Desert Conservation plan re-
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garding allocation of the Off Highway Vehicle 
Recreation Areas. 
(E) The potential to use the same land 
without transfer, but under specific permits for 
use provided by the (such as agreements at 
other locations under permit from the Forest 
Service and Bureau of Land Management). 
(F) Any potential on other Bureau of 
Land Management lands proximate to the Ma-
rine Corps Ground Air Combat Center Twenty 
Nine Palms or other locations in the geographic 
region. 
(3) SECRETARY OF DEFENSE WAIVER.—In the 
event of urgent national need, the Secretary of De-
fense may notify the Congressional Committees and 
waive the requirement for this report. 
SEC. 2871. RETENTION OF CORE FUNCTIONS OF THE AIR 
TRAFFIC CONTROL STATION, JOHNSTOWN 
AIR NATIONAL GUARD BASE, PENNSYLVANIA. 
The Secretary of the Air Force shall retain the core 
functions of the Air Traffic Control Station at Johnstown 
Air National Guard Base, Pennsylvania, with the same in-
tegrated mission elements, responsibilities, and capabili-
ties as existed as of November 1, 2011, until such time 
as such integrated mission elements, responsibilities, and 
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capabilities are modified pursuant to section 2687 of title 
10, United States Code, or a subsequent law providing for 
the closure or realignment of military installations in the 
United States. 
SEC. 2872. MODIFICATION OF NOTICE REQUIREMENTS IN 
ADVANCE OF PERMANENT REDUCTION OF 
SIZABLE NUMBERS OF MEMBERS OF THE 
ARMED FORCES AT MILITARY INSTALLA-
TIONS. 
(a) CALCULATION OF NUMBER OF AFFECTED MEM-
BERS.—Subsection (a) of section 993 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new sentence: ‘‘In calculating the number of mem-
bers to be reduced, the Secretary shall take into consider-
ation both direct reductions and indirect reductions.’’. 
(b) NOTICE REQUIREMENTS.—Subsection (b) of such 
section is amended by striking paragraphs (1) and (2) and 
inserting the following new paragraphs: 
‘‘(1) the Secretary of Defense or the Secretary 
of the military department concerned— 
‘‘(A) submits to Congress a notice of the 
proposed reduction and the number of military 
and civilian personnel assignments affected, in-
cluding reductions in base operations support 
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services and personnel to occur because of the 
proposed reduction; and 
‘‘(B) includes in the notice a justification 
for the reduction and an evaluation of the costs 
and benefits of the reduction and of the local 
economic, environmental, strategic, and oper-
ational consequences of the reduction; and 
‘‘(2) a period of 90 days expires following the 
day on which the notice is submitted to Congress.’’. 
(c) TIME AND FORM OF SUBMISSION OF NOTICE.— 
Such section is further amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) TIME AND FORM OF SUBMISSION OF NOTICE.— 
The notice required by subsections (a) and (b) may be sub-
mitted to Congress only as part of the budget justification 
materials submitted by the Secretary of Defense to Con-
gress in support of the budget for a fiscal year submitted 
under section 1105 of title 31.’’. 
(d) DEFINITIONS.—Such section is further amended 
by adding at the end the following new subsection: 
‘‘(e) DEFINITIONS.—In this section: 
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‘‘(1) The term ‘direct reduction’ means a reduc-
tion involving one or more members of a unit. 
‘‘(2) The term ‘indirect reduction’ means subse-
quent planned reductions or relocations in base oper-
ations support services and personnel able to occur 
due to the direct reductions. 
‘‘(3) The term ‘military installation’ means a 
base, camp, post, station, yard, center, homeport fa-
cility for any ship, or other activity under the juris-
diction of the Department of Defense, including any 
leased facility, which is located within any of the 
several States, the District of Columbia, the Com-
monwealth of Puerto Rico, American Samoa, the 
Virgin Islands, the Commonwealth of the Northern 
Mariana Islands, or Guam. Such term does not in-
clude any facility used primarily for civil works, riv-
ers and harbors projects, or flood control projects. 
‘‘(4) The term ‘unit’ means a unit of the armed 
forces at the battalion, squadron, or an equivalent 
level (or a higher level).’’. 
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TITLE XXIX—OVERSEAS CONTIN-
GENCY 
OPERATIONS 
MILI-
TARY CONSTRUCTION 
SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) OUTSIDE THE UNITED STATES.—The Secretary 
of the Navy may acquire real property and carry out mili-
tary construction projects for the installations or locations 
outside the United States, and in the amounts, set forth 
in the following table: 
Navy: Outside the United States 
Country 
Installation or Location 
Amount 
SW Asia .......................
SW Asia .....................................................
$51,348,000 
Djibouti ........................
Camp Lemonier .........................................
$99,420,000 
(b) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2012, for military con-
struction projects outside the United States authorized by 
subsection (a) as specified in the funding table in section 
4602. 
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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 ADMINISTRA-
TION. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2013 for the activities of 
the National Nuclear Security Administration in carrying 
out programs as specified in the funding table in section 
4701. 
(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: 
Project 13–D–301, Electrical Infrastruc-
ture Upgrades, Lawrence Livermore National 
Laboratory, Livermore, California, and Los Al-
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amos National Laboratory, Los Alamos, New 
Mexico, $23,000,000. 
Project 13–D–905, Remote-Handled Low- 
Level Waste Disposal Project, Idaho National 
Laboratory, $8,890,000. 
Project 13–D–904, Kesselring Site Radio-
logical Work and Storage Building, Kesselring 
Site, West Milton, New York, $2,000,000. 
Project 13–D–903, Kesselring Site Proto-
type Staff Building, Kesselring Site, West Mil-
ton, New York, $14,000,000. 
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2013 for defense 
environmental cleanup activities in carrying out programs 
as specified in the funding table in section 4701. 
SEC. 3103. OTHER DEFENSE ACTIVITIES. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2013 for other 
defense activities in carrying out programs as specified in 
the funding table in section 4701. 
SEC. 3104. ENERGY SECURITY AND ASSURANCE. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2013 for energy 
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security and assurance programs necessary for national 
security as specified in the funding table in section 4701. 
Subtitle 
B—Program 
Authoriza-
tions, Restrictions, and Limita-
tions 
SEC. 3111. AUTHORIZED PERSONNEL LEVELS OF THE OF-
FICE OF THE ADMINISTRATOR. 
(a) CAP ON FULL-TIME EQUIVALENT POSITIONS.— 
(1) IN GENERAL.—The National Nuclear Secu-
rity Administration Act (50 U.S.C. 2401 et seq.) is 
amended by inserting after section 3241 the fol-
lowing new section: 
‘‘SEC. 3241A. AUTHORIZED PERSONNEL LEVELS OF THE OF-
FICE OF THE ADMINISTRATOR. 
‘‘(a) FULL-TIME EQUIVALENT PERSONNEL LEV-
ELS.—(1) Beginning 180 days after the date of the enact-
ment of this section, the total number of employees of the 
Office of the Administrator of the Administration may not 
exceed 1,730. 
‘‘(2) Beginning October 1, 2014, the total number 
of employees of the Office of the Administrator may not 
exceed 1,630. 
‘‘(b) COUNTING RULE.—(1) A determination of the 
number of employees in the Office of the Administrator 
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under subsection (a) shall be expressed on a full-time 
equivalent basis. 
‘‘(2) Except as provided by paragraph (3), in deter-
mining the total number of employees in the Office of the 
Administrator under subsection (a), the Administrator 
shall count each employee of the Office without regard to 
whether the employee is located at the headquarters of the 
Administration, a site office of the Administration, a serv-
ice or support center of the Administration, or any other 
location. 
‘‘(3) The following employees may not be counted for 
purposes of determining the total number of employees in 
the Office of the Administrator under subsection (a): 
‘‘(A) Employees of the Office of Naval Reac-
tors. 
‘‘(B) Employees of the Office of Secure Trans-
portation. 
‘‘(C) Members of the Armed Forces detailed to 
the Administration. 
‘‘(c) VOLUNTARY EARLY RETIREMENT.—In accord-
ance with section 3523 of title 5, United States Code, the 
Administrator may offer voluntary separation or retire-
ment incentives to meet the total number of employees au-
thorized under subsection (a). 
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‘‘(d) WORK PLACEMENT PROGRAM.—The Adminis-
trator shall establish a work placement program to assist 
employees of the Administration who are separated from 
service pursuant to this section find new employment.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents at the beginning of the National Nuclear Secu-
rity Administration Act is amended by inserting 
after the item relating to section 3241 the following 
new item: 
‘‘Sec. 3241A. Authorized personnel levels of the Office of the Administrator.’’. 
(b) INCREASE
IN EXCEPTED POSITIONS.—Section 
3241 of the National Nuclear Security Administration Act 
(50 U.S.C. 2441) is amended by striking ‘‘300’’ and in-
serting ‘‘450’’. 
(c) REPORTS.— 
(1) REPORT.—Not later than 180 days after 
the date of the enactment of this Act, the Adminis-
trator for Nuclear Security shall submit to the con-
gressional defense committees a report— 
(A) describing the criteria and processes 
used to implement the personnel levels required 
by section 3241A of the National Nuclear Secu-
rity Administration Act, as added by subsection 
(a); 
(B) detailing the realized and expected cost 
savings within the Office of the Administrator 
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and the nuclear security enterprise resulting 
from such personnel reductions and the transi-
tion to performance-based governance, manage-
ment, and oversight pursuant to section 3265 
of such Act, as added by section 3113; 
(C) describing any impacts such personnel 
reductions have had or will have on the ability 
of the Administration to perform the mission of 
the Administration safely, securely, effectively, 
and efficiently; 
(D) assessing various levels of further per-
sonnel reductions, including reductions of 10 
percent, 15 percent, and 50 percent, on the 
ability of the Administration to perform the 
mission of the Administration safely, securely, 
effectively, and efficiently; 
(E) recommending any further efficiencies 
and personnel reductions that should be made 
as a result of such transition pursuant to such 
section 3265, including an implementation plan 
and schedule for achieving such efficiencies and 
reductions; and 
(F) assessing the salary and wage struc-
ture of the Office of the Administrator and the 
management and operating contractors of the 
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nuclear security enterprise, as well as the status 
and effectiveness of contractor assurance sys-
tems across the nuclear security enterprise. 
(2) ASSESSMENT.—Not later than 180 days 
after the date on which the report under paragraph 
(1) is submitted, the Comptroller General of the 
United States shall submit to the congressional de-
fense committees an assessment of such report. 
SEC. 3112. BUDGET JUSTIFICATION MATERIALS. 
Section 3251(b) of the National Nuclear Security Ad-
ministration Act (50 U.S.C. 2451) is amended— 
(1) by striking ‘‘In the’’ and inserting ‘‘(1) In 
the’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) In the budget justification materials submitted 
to Congress in support of each such budget, the Adminis-
trator shall include an assessment of how the budget 
maintains the core nuclear weapons skills of the Adminis-
tration, including nuclear weapons design, engineering, 
production, testing, and prediction of stockpile aging.’’. 
SEC. 3113. CONTRACTOR GOVERNANCE, OVERSIGHT, AND 
ACCOUNTABILITY. 
(a) OVERSIGHT OF CONTRACTORS.— 
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(1) IN GENERAL.—The National Nuclear Secu-
rity Administration Act (50 U.S.C. 2401 et seq.) is 
amended by adding after section 3264 the following 
new section: 
‘‘SEC. 3265. CONTRACTOR GOVERNANCE, OVERSIGHT, AND 
ACCOUNTABILITY. 
‘‘(a) PERFORMANCE-BASED CONTRACTOR GOVERN-
ANCE, MANAGEMENT, AND OVERSIGHT.—(1) The Admin-
istrator shall establish a system of governance, manage-
ment, and oversight of covered contractors. 
‘‘(2) The system established under paragraph (1) 
shall— 
‘‘(A) include clear, consistent, and auditable 
performance-based standards relating to the mission 
effectiveness and operations of a covered contractor; 
‘‘(B) ensure that the governance, management, 
and oversight of the mission effectiveness and oper-
ations of a covered contractor is conducted pursuant 
to national and international standards and best 
practices; 
‘‘(C) recognize the respective roles of— 
‘‘(i) the Federal Government in deter-
mining the performance-based standards with 
respect to high-level mission and operations per-
formance objectives; and 
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‘‘(ii) a covered contractor, particularly a 
contractor that is a federally funded research 
and development corporation, in determining 
how to accomplish such objectives; 
‘‘(D) conduct oversight based on outcomes and 
performance-based standards rather than detailed, 
transaction-based oversight; and 
‘‘(E) include appropriate measures to ensure 
that the Administrator has accurate and consistent 
data and information to manage and make decisions 
with respect to the nuclear security enterprise. 
‘‘(3)(A) The Administrator may exempt individual 
areas of governance, management, and oversight from the 
requirements of the system established under paragraph 
(1) and continue to conduct transaction-based oversight 
if the Administrator determines that such exemption is 
necessary to ensure the national security or the safety, se-
curity, or performance of the Administration. 
‘‘(B) If the Administrator makes an exemption under 
subparagraph (A), the Administrator shall annually sub-
mit to the congressional defense committees a certification 
for each such exemption, including a description of why 
such exemption is needed. 
‘‘(C) During the three-year period beginning on the 
date of the enactment of this section, the Administrator 
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may temporarily exempt individual facilities or contractors 
from the system established under paragraph (1) and con-
tinue to conduct transaction-based oversight if the Admin-
istrator determines that such exemption is needed to en-
sure that robust contractor assurance, accountability, and 
performance-based oversight mechanisms are in place for 
such facility or contractor. 
‘‘(D) If the Administrator makes an exemption under 
subparagraph (C), the Administrator shall annually sub-
mit to the congressional defense committees a written jus-
tification for such exemption and a plan and schedule to 
transition the exempted facility or contractor to the sys-
tem established under paragraph (1). 
‘‘(b) CONTRACTOR ACCOUNTABILITY.—The Adminis-
trator shall— 
‘‘(1) ensure that each management and oper-
ating contract includes robust mechanisms to ensure 
the accountability of a covered contractor; and 
‘‘(2) exercise such mechanisms as the Adminis-
trator determines appropriate to ensure the perform-
ance of the covered contractor. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered contractor’ means a 
contractor who enters into a management and oper-
ating contract. 
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‘‘(2) The term ‘management and operating con-
tract’ means a contract entered into by the Adminis-
trator and a contractor to manage and operate a 
Government-owned, contractor-operated facility. 
‘‘(3) The term ‘performance-based standards’, 
with respect to a covered contract, means that the 
contract includes the use of performance work state-
ments that set forth contract requirements in clear, 
specific, and objective terms with measurable out-
comes.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents at the beginning of the National Nuclear Secu-
rity Administration Act is amended by inserting 
after the item relating to section 3264 the following 
new item: 
‘‘Sec. 3265. Contractor governance, oversight, and accountability.’’. 
(b) REPORTS.—Not later than January 15, 2013, 
and each year thereafter through 2016, the Administrator 
shall submit to the congressional defense committees a re-
port that includes— 
(1) a description of each instance during the 
previous calendar year in which the Administrator, 
or any other head of an agency of the Federal Gov-
ernment, used a procedure, standard, or process for 
governance, management, and oversight of a covered 
contract (as defined in section 3265(d)(1) of the Na-
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tional Nuclear Security Administration Act, as 
added by subsection (a)(1)) that is not a procedure, 
standard, or process that conforms to national or 
international standards or industry best practices; 
(2) an explanation of why such procedure, 
standard, or process was used during such year and 
any steps that will be taken by the Administrator or 
other head of an agency, as the case may be, in fu-
ture years to instead use a procedure, standard, or 
process that conforms to national or international 
standards or industry best practices; and 
(3) a description of any oversight activities by 
any agency of the Federal Government that occurred 
during the previous calendar year that the Adminis-
trator considers duplicative or unnecessary. 
SEC. 3114. NATIONAL NUCLEAR SECURITY ADMINISTRA-
TION COUNCIL. 
(a) NNSA COUNCIL.—Section 4102 of the Atomic 
Energy Defense Act (50 U.S.C. 2512) is amended to read 
as follows: 
‘‘SEC. 4102. MANAGEMENT STRUCTURE FOR NUCLEAR SE-
CURITY ENTERPRISE. 
‘‘(a) IN GENERAL.—The Administrator shall estab-
lish a management structure for the nuclear security en-
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terprise in accordance with the National Nuclear Security 
Administration Act (50 U.S.C. 2401 et seq.). 
‘‘(b) NATIONAL NUCLEAR SECURITY ADMINISTRA-
TION COUNCIL.—(1) The Administrator shall establish a 
council to be known as the ‘National Nuclear Security Ad-
ministration Council’. The Council may advise the Admin-
istrator on scientific and technical issues relating to policy 
matters, operational concerns, strategic planning, and the 
development of priorities relating to the mission and oper-
ations of the Administration and the nuclear security en-
terprise. 
‘‘(2) The Council shall be composed of the directors 
of the national security laboratories and the nuclear weap-
ons production facilities. 
‘‘(3) The Council may provide the Administrator or 
the Secretary of Energy recommendations for improving 
the— 
‘‘(A) governance, management, effectiveness, 
and efficiency of the Administration; and 
‘‘(B) any other matter in accordance with para-
graph (1). 
‘‘(4) Not later than 60 days after the date on which 
any recommendation under paragraph (3) is received, the 
Administrator or the Secretary, as the case may be, shall 
respond to the Council with respect to whether such rec-
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ommendation will be implemented and the reasoning for 
implementing or not implementing such recommenda-
tion.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
at the beginning of the Atomic Energy Defense Act is 
amended by striking the item relating to section 4102 and 
inserting the following new item: 
‘‘Sec. 4102. Management structure for nuclear security enterprise.’’. 
SEC. 3115. SAFETY, HEALTH, AND SECURITY OF THE NA-
TIONAL NUCLEAR SECURITY ADMINISTRA-
TION. 
(a) SECURITY OF ASSETS AND INFORMATION.— 
(1) IN
GENERAL.—Section 3231 of the Na-
tional Nuclear Security Administration Act (50 
U.S.C. 2421) is amended to read as follows: 
‘‘SEC. 3231. PROTECTION OF SPECIAL NUCLEAR MATERIAL 
AND NATIONAL SECURITY INFORMATION. 
‘‘(a) POLICIES AND PROCEDURES REQUIRED.—The 
Administrator shall establish policies and procedures to 
ensure the protection of— 
‘‘(1) special nuclear material and other sensitive 
physical assets of the Administration; and 
‘‘(2) classified information in the possession of 
the Administration. 
‘‘(b) PROMPT REPORTING.—The Administrator shall 
establish procedures to ensure prompt reporting to the Ad-
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ministrator of any significant problem, abuse, violation of 
law or Executive order, or deficiency relating to the— 
‘‘(1) protection of the special nuclear material 
and other sensitive physical assets of the Adminis-
tration; and 
‘‘(2) management of classified information by 
personnel of the Administration.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents at the beginning of the National Nuclear Secu-
rity Administration Act is amended by striking the 
item relating to section 3231 and inserting the fol-
lowing new item: 
‘‘Sec. 3231. Protection of special nuclear material and national security infor-
mation.’’. 
(b) HEALTH AND SAFETY.— 
(1) IN
GENERAL.—Section 3261 of the Na-
tional Nuclear Security Administration Act (50 
U.S.C. 2461) is amended— 
(A) in subsection (a), by striking ‘‘The Ad-
ministrator’’ and inserting ‘‘In accordance with 
subsections (c) and (d), the Administrator’’; 
(B) by striking subsection (c); 
(C) by adding at the end the following new 
subsection: 
‘‘(c) NON-NUCLEAR HEALTH AND SAFETY.—(1) In 
carrying out this section with respect to non-nuclear oper-
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ations, the Administrator shall ensure that the Adminis-
tration complies with all applicable occupational safety 
and health standards promulgated under the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 655) that are 
administered by the Secretary of Labor. 
‘‘(2) With respect to complying with the occupational 
safety and health standards under paragraph (1), and con-
ducting oversight of such occupational safety and health 
standards, the Administrator shall ensure that such com-
plying and oversight by the Administration is conducted— 
‘‘(A) in accordance with best industry and Gov-
ernment practices for meeting such standards; and 
‘‘(B) in accordance with the performance-based 
system of governance, management, and oversight 
established under section 3265, notwithstanding the 
exemption authority under subsection (a)(3) of such 
section. 
‘‘(3) Except as provided by paragraph (4), the Ad-
ministrator may not establish or prescribe any order, rule, 
or regulation regarding occupational safety and health un-
less such order, rule, or regulation is pursuant to an occu-
pational safety and health standard described in para-
graph (1). 
‘‘(4)(A) In carrying out paragraph (3)— 
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‘‘(i) the Administrator may waive the require-
ment under such paragraph for any type of high 
hazard operations if the Administrator determines 
that such waiver is necessary to ensure safety; and 
‘‘(ii) the Administrator shall waive such require-
ments for operations involving beryllium. 
‘‘(B) The Administrator shall submit an annual cer-
tification to the congressional defense committees regard-
ing why any such waivers made under subparagraph (A) 
are required to ensure safety.’’; and 
(D) by adding after subsection (c), as 
added by subparagraph (C), the following new 
subsection: 
‘‘(d) NUCLEAR HEALTH AND SAFETY.—(1) In car-
rying out this section with respect to nuclear operations, 
the Administrator shall prescribe appropriate policies and 
regulations to ensure the adequate protection of the health 
and safety of the employees of the Administration, con-
tractors of the Administration, and the public. Such poli-
cies and regulations shall be based upon risk whenever suf-
ficient data exists. 
‘‘(2) With respect to prescribing and complying with 
the policies and regulations under paragraph (1), and con-
ducting oversight of such policies and regulations by the 
Administration, the Administrator shall ensure that such 
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prescribing, complying, and oversight is conducted in ac-
cordance with the performance-based system of govern-
ance, management, and oversight established under sec-
tion 3265, notwithstanding the exemption authority under 
subsection (a)(3) of such section. 
‘‘(3) CONSTRUCTION.—Nothing in this subsection 
shall be construed to cause a reduction in nuclear safety 
standards.’’. 
(2) NUCLEAR HEALTH AND SAFETY EFFECTIVE 
DATE.—The amendment made by paragraph (1)(D) 
shall take effect October 1, 2013. 
(c) REPORT ON AUTHORITY FOR NUCLEAR SAFE-
TY.—Not later than March 1, 2013, the Administrator 
shall submit to the congressional defense committees a re-
port that includes— 
(1) an implementation plan describing the ac-
tions needed to fully transition the policy, regu-
latory, and oversight authority for the nuclear safety 
of the nuclear security enterprise from the Depart-
ment of Energy to the Administration; and 
(2) a description of the costs and benefits of 
such a transition. 
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SEC. 3116. DESIGN AND USE OF PROTOTYPES OF NUCLEAR 
WEAPONS. 
(a) PROTOTYPES.—The Atomic Energy Defense Act 
(50 U.S.C. 2501 et seq.) is amended by inserting after 
section 4508 the following new section: 
‘‘SEC. 4509. DESIGN AND USE OF PROTOTYPES OF NUCLEAR 
WEAPONS FOR INTELLIGENCE PURPOSES. 
‘‘(a) PROTOTYPES.—The Administrator shall develop 
and carry out a plan for the national security laboratories 
and nuclear weapons production plants to design and build 
prototypes of nuclear weapons to further intelligence esti-
mates with respect to foreign nuclear weapons activities. 
‘‘(b) PROHIBITION ON PRODUCTION OF NUCLEAR 
YIELDS.—In carrying out subsection (a), the Adminis-
trator may not conduct any experiments that produce a 
nuclear yield.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
at the beginning of the Atomic Energy Defense Act is 
amended by inserting after the item relating to section 
4508 the following new item: 
‘‘Sec. 4509. Design and use of prototypes of nuclear weapons for intelligence 
purposes.’’. 
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SEC. 3117. IMPROVEMENT AND STREAMLINING OF THE MIS-
SIONS AND OPERATIONS OF THE DEPART-
MENT OF ENERGY AND NATIONAL NUCLEAR 
SECURITY ADMINISTRATION. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Energy 
and the Administrator for Nuclear Security, in coordina-
tion with the Secretary of Defense and other officials, as 
the Secretary of Energy and the Administrator consider 
appropriate, shall revise the Department of Energy Acqui-
sition Regulation and other regulations, rules, directives, 
orders, and policies that apply to the administration, exe-
cution, and oversight of the missions and operations of 
the Department of Energy and the National Nuclear Se-
curity Administration to improve and streamline such ad-
ministration, execution, and oversight. 
(b) IMPROVEMENT AND STREAMLINING.—In carrying 
out subsection (a), the Secretary of Energy and the Ad-
ministrator for Nuclear Security shall— 
(1) streamline business processes and struc-
tures to reduce unnecessary, burdensome, or dupli-
cative approvals; 
(2) delegate approval for work for others agree-
ments and cooperative research and development 
agreements (except those that the Secretary or Ad-
ministrator determine are high value or unique) to 
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the management and operating contractors of a Gov-
ernment-owned, contractor-operated facility of the 
Department or Administration and hold such con-
tractors accountable for maintaining appropriate 
portfolios with respect to such agreements; 
(3) establish processes for ensuring routine or 
low-risk procurement and subcontracting decisions 
are made at the discretion of the management and 
operating contractors while ensuring that the Sec-
retary or Administrator apply appropriate oversight; 
(4) assess procurement thresholds as of the 
date of the enactment of this Act and take steps as 
appropriate to adjust such thresholds; 
(5) eliminate duplicative or low-value reports 
and data calls and ensure consistency in manage-
ment and cost accounting data; and 
(6) otherwise streamline, clarify, and eliminate 
redundancy in the regulations, rules, directives, or-
ders, and policies described by subsection (a). 
(c) BRIEFING.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date of the enactment of this Act, the Sec-
retary and the Administrator shall provide to the ap-
propriate congressional committees a briefing on the 
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regulations, rules, directives, orders, and policies im-
proved and streamlined pursuant to subsection (a). 
(2) APPROPRIATE COMMITTEES DEFINED.—In 
this subsection, the term ‘‘appropriate congressional 
committees’’ means— 
(A) the congressional defense committees; 
and 
(B) the Committee on Energy and Natural 
Resources of the Senate and the Committee on 
Energy and Commerce of the House of Rep-
resentatives. 
SEC. 3118. COST-BENEFIT ANALYSES FOR COMPETITION OF 
MANAGEMENT AND OPERATING CONTRACTS. 
(a) LIMITATION.—The Administrator for Nuclear Se-
curity may not release a final request for proposal for com-
petition of any contract to manage and operate a facility 
of the National Nuclear Security Administration until the 
date on which the Administrator submits to the congres-
sional defense committees a report described in subsection 
(b). 
(b) REPORT DESCRIBED.—A report described in this 
subsection is a report on a request for proposal for com-
petition described in subsection (a) that includes— 
(1) the expected cost savings resulting from the 
competition over the life of the contract; 
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(2) the costs of the competition, including im-
mediate costs of conducting the competition and any 
increased costs over the life of the contract; 
(3) a description of— 
(A) any disruption or delay in mission ac-
tivities or deliverables resulting from the com-
petition; and 
(B) any benefits of the proposed competi-
tion to mission performance or operations; 
(4) how the competition complies with the Fed-
eral Acquisition Regulation regarding federally fund-
ed research and development centers, if applicable; 
and 
(5) any other matters the Administrator con-
siders appropriate. 
(c) GAO REVIEW.—Not later than 90 days after each 
report is submitted to the congressional defense commit-
tees under subsection (a) or (d)(2), the Comptroller Gen-
eral of the United States shall submit to such committees 
a review of such report. 
(d) APPLICABILITY.— 
(1) IN GENERAL.—The limitation in subsection 
(a) shall apply with respect to a request for proposal 
described by such subsection that is released by the 
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Administrator for Nuclear Security during fiscal 
years 2012 through 2017. 
(2) FISCAL YEAR 2012 RFPS.—For each request 
for proposal described by subsection (a) that is re-
leased by the Administrator during fiscal year 2012 
before the date of the enactment of this Act, the Ad-
ministrator shall submit to the congressional defense 
committees a report described in subsection (b) by 
not later than 90 days after the date of such enact-
ment. 
SEC. 3119. LIMITATION ON AVAILABILITY OF FUNDS FOR 
INERTIAL CONFINEMENT FUSION IGNITION 
AND HIGH YIELD CAMPAIGN. 
(a) LIMITATION.—Except as provided in subsection 
(b), of the funds authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2013 for fusion 
ignition under the Inertial Confinement Fusion Ignition 
and High Yield Campaign, not more than 50 percent may 
be obligated or expended until the date on which— 
(1) the Administrator for Nuclear Security cer-
tifies to the congressional defense committees that 
fusion ignition has been achieved at the National Ig-
nition Facility at Lawrence Livermore National Lab-
oratory; or 
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(2) the Administrator submits to such commit-
tees a detailed report on fusion ignition, including— 
(A) a thorough description of the remain-
ing technical challenges and gaps in under-
standing with respect to such ignition; 
(B) a plan and schedule for reevaluating 
the ignition program and incorporating experi-
mental data into computer models; 
(C) the best judgment of the Administrator 
with respect to whether ignition can be achieved 
at the National Ignition Facility, as designed on 
the date of the report; and 
(D) if funding being spent on ignition re-
search as of the date of the report were applied 
to life extension programs— 
(i) a description of such programs 
that could be accelerated or otherwise im-
proved; and 
(ii) how such funding changes would 
affect the stockpile stewardship program. 
(b) EXCEPTION.—The limitation in subsection (a) 
shall not apply to the Z machine at Sandia National Lab-
oratories or the Omega laser system at the University of 
Rochester. 
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SEC. 3120. LIMITATION ON AVAILABILITY OF FUNDS FOR 
GLOBAL SECURITY THROUGH SCIENCE PART-
NERSHIPS PROGRAM. 
(a) LIMITATION.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fis-
cal year 2013 for the National Nuclear Security Adminis-
tration, not more than $8,000,000 may be obligated or 
expended for the Global Security through Science Partner-
ships Program, formerly known as the Global Initiatives 
for Proliferation Prevention Program, until the date on 
which the Secretary of Energy submits to the appropriate 
congressional committees the report under subsection (b). 
(b) REPORT.—The Secretary of Energy shall submit 
to the appropriate congressional committees a report with 
a plan to complete the Global Security through Science 
Partnerships Program by the end of calendar year 2015 
or with a detailed justification on the continued threat and 
how the continuation of the program would effectively ad-
dress such threat. 
(c) FORM.—The report under subsection (b) may be 
submitted in unclassified form and may include a classi-
fied annex. 
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
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(1) the Committee on Armed Services and the 
Committee on Foreign Affairs of the House of Rep-
resentatives; and 
(2) the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate. 
SEC. 3121. LIMITATION ON AVAILABILITY OF FUNDS FOR 
CENTER OF EXCELLENCE ON NUCLEAR SECU-
RITY. 
(a) LIMITATION.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fis-
cal year 2013 for the National Nuclear Security Adminis-
tration, not more than $7,000,000 may be obligated or 
expended for the United States-China Center of Excel-
lence on Nuclear Security until the date on which the Sec-
retary of Energy submits to the appropriate congressional 
committees the report under subsection (b)(2). 
(b) NUCLEAR SECURITY.— 
(1) REVIEW.—The Secretary of Energy, in co-
ordination with the Secretary of Defense, shall con-
duct a review of the existing and planned non-pro-
liferation activities with the People’s Republic of 
China as of the date of the enactment of this Act 
to determine if the engagement is directly or indi-
rectly supporting the proliferation of nuclear weap-
ons development and technology to other nations. 
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(2) REPORT.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of 
Energy shall submit to the appropriate congressional 
committees a report certifying that the activities re-
viewed under paragraph (1) are not contributing to 
the proliferation of nuclear weapons development 
and technology to other nations. 
(c) FORM.—The report under subsection (b)(2) may 
be submitted in unclassified form and may include a clas-
sified annex. 
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
(1) the Committee on Armed Services and the 
Committee on Foreign Affairs of the House of Rep-
resentatives; and 
(2) the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate. 
SEC. 3122. TWO-YEAR EXTENSION OF SCHEDULE FOR DIS-
POSITION OF WEAPONS-USABLE PLUTONIUM 
AT SAVANNAH RIVER SITE, AIKEN, SOUTH 
CAROLINA. 
Section 4306 of the Atomic Energy Defense Act (50 
U.S.C. 2566) is amended— 
(1) in subsection (a)(3)— 
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(A) in subparagraph (C), by striking 
‘‘2012’’ and inserting ‘‘2014’’; and 
(B) in subparagraph (D), by striking 
‘‘2017’’ and inserting ‘‘2019’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘by Jan-
uary 1, 2012’’; 
(B) in paragraph (4), by striking ‘‘2012’’ 
each place it appears and inserting ‘‘2014’’; and 
(C) in paragraph (5), by striking ‘‘2012’’ 
and inserting ‘‘2014’’; 
(3) in subsection (c)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘2012’’ and inserting ‘‘2014’’; 
(B) in paragraph (1), by striking ‘‘2014’’ 
and inserting ‘‘2016’’; and 
(C) in paragraph (2), by striking ‘‘2020’’ 
each place it appears and inserting ‘‘2022’’; 
(4) in subsection (d)— 
(A) in paragraph (1)— 
(i) by striking ‘‘2014’’ and inserting 
‘‘2016’’; and 
(ii) by striking ‘‘2019’’ and inserting 
‘‘2021’’; and 
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(B) in paragraph (2)(A), by striking 
‘‘2020’’ each place it appears and inserting 
‘‘2022’’; and 
(5) in subsection (e), by striking ‘‘2023’’ and 
inserting ‘‘2025’’. 
SEC. 3123. LIMITATION ON AVAILABILITY OF FUNDS FOR 
NUCLEAR NONPROLIFERATION ACTIVITIES 
WITH RUSSIAN FEDERATION. 
(a) LIMITATION.—None of the funds authorized to 
be appropriated by this Act or otherwise made available 
for fiscal year 2013 for defense nuclear nonproliferation 
may be obligated or expended for nuclear nonproliferation 
activities with the Russian Federation until the date that 
is 30 days after the date on which the Secretary of Energy 
certifies, in coordination with the Secretary of State and 
the Secretary of Defense, to the appropriate congressional 
committees that— 
(1) Russia is no longer— 
(A) providing direct or indirect support to 
the government of Syria’s suppression of the 
Syrian people; and 
(B) transferring to Iran, North Korea, or 
Syria equipment and technology that have the 
potential to make a material contribution to the 
development of weapons of mass destruction or 
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cruise or ballistic missile systems controlled 
under multilateral control lists; or 
(2) funds planned to be obligated or expended 
for nuclear nonproliferation activities with the Rus-
sian Federation are strictly for project closeout ac-
tivities and will not be used for new activities or ac-
tivities that will extend beyond fiscal year 2013. 
(b) WAIVER.—The Secretary of Energy may waive 
the limitation in subsection (a) if— 
(1) the Secretary determines that such waiver is 
in the national security interests of the United 
States; 
(2) the Secretary briefs, in an unclassified 
form, the appropriate congressional committees on 
the justifications of such waiver; and 
(3) a period of 90 days has elapsed following 
the date on which such briefing is held. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Armed Services and the 
Committee on Foreign Affairs of the House of Rep-
resentatives; and 
(2) the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate. 
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Subtitle C—Improvements to 
National Security Energy Laws 
SEC. 3131. IMPROVEMENTS TO THE ATOMIC ENERGY DE-
FENSE ACT. 
(a) DEFINITIONS.— 
(1) IN GENERAL.—Section 4002 of the Atomic 
Energy Defense Act (50 U.S.C. 2501) is amended to 
read as follows: 
‘‘SEC. 4002. DEFINITIONS. 
‘‘In this division: 
‘‘(1) The term ‘Administration’ means the Na-
tional Nuclear Security Administration. 
‘‘(2) The term ‘Administrator’ means the Ad-
ministrator for Nuclear Security. 
‘‘(3) The term ‘classified information’ means 
any information that has been determined pursuant 
to Executive Order No. 12333 of December 4, 1981 
(50 U.S.C. 401 note), Executive Order No. 12958 of 
April 17, 1995 (50 U.S.C. 435 note), or successor 
orders, to require protection against unauthorized 
disclosure and that is so designated. 
‘‘(4) The term ‘congressional defense commit-
tees’ means— 
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‘‘(A) the Committee on Armed Services 
and the Committee on Appropriations of the 
Senate; and 
‘‘(B) the Committee on Armed Services 
and the Committee on Appropriations of the 
House of Representatives. 
‘‘(5) The term ‘nuclear security enterprise’ 
means the physical facilities, technology, and human 
capital of the national security laboratories and the 
nuclear weapons production facilities. 
‘‘(6) The term ‘national security laboratory’ 
means any of the following: 
‘‘(A) Los Alamos National Laboratory, Los 
Alamos, New Mexico. 
‘‘(B) Sandia National Laboratories, Albu-
querque, New Mexico, and Livermore, Cali-
fornia. 
‘‘(C) Lawrence Livermore National Lab-
oratory, Livermore, California. 
‘‘(7) The term ‘nuclear weapons production fa-
cility’ means any of the following: 
‘‘(A) The Kansas City Plant, Kansas City, 
Missouri. 
‘‘(B) The Pantex Plant, Amarillo, Texas. 
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‘‘(C) The Y–12 National Security Com-
plex, Oak Ridge, Tennessee. 
‘‘(D) The Savannah River Site, Aiken, 
South Carolina. 
‘‘(E) The Nevada National Security Site, 
Nevada. 
‘‘(F) Any facility of the Department of En-
ergy that the Secretary of Energy, in consulta-
tion with the Administrator and the Congress, 
determines to be consistent with the mission of 
the Administration. 
‘‘(8) The term ‘Restricted Data’ has the mean-
ing given such term in section 11 y. of the Atomic 
Energy Act of 1954 (42 U.S.C. 2014(y)).’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents at the beginning of the Atomic Energy Defense 
Act is amended by striking the item relating to sec-
tion 4002 and inserting the following new item: 
‘‘Sec. 4002. Definitions.’’. 
(b) 
STOCKPILE
STEWARDSHIP.—Section 
4201(b)(5)(E) of the Atomic Energy Defense Act (50 
U.S.C. 2521(b)(5)(E)) is amended by striking ‘‘(as de-
fined in section 3281 of the National Nuclear Security Ad-
ministration Act (50 U.S.C. 2471))’’. 
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(c) ANNUAL ASSESSMENTS.—Section 4205 of the 
Atomic Energy Defense Act (50 U.S.C. 2525) is amended 
by striking subsection (i). 
(d) TESTING OF NUCLEAR WEAPONS.— 
(1) IN GENERAL.—Section 4210 of the Atomic 
Energy Defense Act (50 U.S.C. 2530) is amended to 
read as follows: 
‘‘SEC. 4210. TESTING OF NUCLEAR WEAPONS. 
‘‘(a) UNDERGROUND TESTING.—No underground 
test of nuclear weapons may be conducted by the United 
States after September 30, 1996, unless a foreign state 
conducts a nuclear test after this date, at which time the 
prohibition on United States nuclear testing is lifted. 
‘‘(b) ATMOSPHERIC TESTING.—None of the funds 
appropriated pursuant to the National Defense Authoriza-
tion Act for Fiscal Year 1994 or any other Act for any 
fiscal year may be available to maintain the capability of 
the United States to conduct atmospheric testing of a nu-
clear weapon.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents at the beginning of the Atomic Energy Defense 
Act is amended by striking the items relating to sec-
tions 4210 and 4211 and inserting the following new 
item: 
‘‘Sec. 4210. Testing of nuclear weapons.’’. 
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(E) by striking ‘‘production plant’’ each 
place it appears and inserting ‘‘production facil-
ity’’; and 
(F) by striking subsection (e). 
(2) CLERICAL AMENDMENT.—The table of con-
tents at the beginning of the Atomic Energy Defense 
Act is amended by striking the item relating to sec-
tion 4213 and inserting the following new item: 
‘‘Sec. 4213. Reports on critical difficulties at national security laboratories and 
nuclear weapons production facilities.’’. 
(g) PLAN FOR TRANSFORMATION.— 
(1) IN GENERAL.—Section 4214 of the Atomic 
Energy Defense Act (50 U.S.C. 2534) is amended— 
(A) by striking subsections (b) and (d); 
and 
(B) by redesignating subsection (c) as sub-
section (b). 
(2) CLERICAL AMENDMENT.—The table of con-
tents at the beginning of the Atomic Energy Defense 
Act is amended by inserting after the item relating 
to section 4213 the following new item: 
‘‘Sec. 4214. Plan for transformation of national nuclear security administration 
nuclear weapons complex.’’. 
(h) TRITIUM PRODUCTION PROGRAM.—Section 4231 
of the Atomic Energy Defense Act (50 U.S.C. 2541) is 
amended to read as follows: 
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‘‘SEC. 4231. TRITIUM PRODUCTION PROGRAM. 
‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary 
shall establish a tritium production program that is capa-
ble of meeting the tritium requirements of the United 
States for nuclear weapons. In carrying out the tritium 
production program, the Secretary shall assess alternative 
means for tritium production, including production 
through— 
‘‘(1) types of new and existing reactors, includ-
ing multipurpose reactors (such as advanced light 
water reactors and gas turbine gas-cooled reactors) 
capable of meeting both the tritium production re-
quirements and the plutonium disposition require-
ments of the United States for nuclear weapons; 
‘‘(2) an accelerator; and 
‘‘(3) multipurpose reactor projects carried out 
by the private sector and the Government. 
‘‘(b) LOCATION OF TRITIUM PRODUCTION FACIL-
ITY.—The Secretary shall locate any new tritium produc-
tion facility of the Department of Energy at the Savannah 
River Site, South Carolina.’’. 
(i) TRITIUM RECYCLING FACILITIES.—Section 4234 
of the Atomic Energy Defense Act (50 U.S.C. 2544) is 
amended— 
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(1) by striking ‘‘(a) IN GENERAL.—The Sec-
retary of Energy’’ and inserting ‘‘The Secretary’’; 
and 
(2) by striking subsection (b). 
(j) RESTRICTED DATA.—Section 4501 of the Atomic 
Energy Defense Act (50 U.S.C. 2651(a)) is amended by 
striking subsection (c). 
(k) FOREIGN VISITORS.—Section 4502 of the Atomic 
Energy Defense Act (50 U.S.C. 2652) is amended— 
(1) by striking ‘‘national laboratory’’ each place 
it appears and inserting ‘‘national security labora-
tory’’; and 
(2) in subsection (g), by striking paragraphs 
(3) and (4). 
(l) BACKGROUND INVESTIGATIONS.—Section 4503 of 
the Atomic Energy Defense Act (50 U.S.C. 2653) is 
amended— 
(1) by striking ‘‘(a) IN GENERAL.—’’; 
(2) by striking subsections (b) and (c); and 
(3) by striking ‘‘national laboratory’’ and in-
serting ‘‘national security laboratory’’. 
(m) SECURITY FUNCTIONS REPORT.—Section 4506 
of the Atomic Energy Defense Act (50 U.S.C. 2657) is 
amended— 
(1) by striking ‘‘(a) IN GENERAL.—’’; and 
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(2) by striking subsection (b). 
(n) COUNTERINTELLIGENCE REPORT.—Section 4507 
of the Atomic Energy Defense Act (50 U.S.C. 2658) is 
amended— 
(1) by striking ‘‘national laboratories’’ each 
place it appears and inserting ‘‘national security lab-
oratories’’; and 
(2) by striking subsection (c). 
(o) COMPUTER SECURITY REPORT.—Section 4508 of 
the Atomic Energy Defense Act (50 U.S.C. 2659)— 
(1) in subsection (a), by striking ‘‘national lab-
oratories’’ and inserting ‘‘national security labora-
tories’’; and 
(2) by striking subsections (e) and (f). 
(p) DOCUMENT REVIEW.—Section 4521 of the Atom-
ic Energy Defense Act (50 U.S.C. 2671) is amended by 
striking subsection (c). 
(q) REPORTS ON LOCAL IMPACT ASSISTANCE.— 
(1) IN
GENERAL.—Section 4604(f) of the 
Atomic Energy Defense Act (50 U.S.C. 2704(f)) is 
amended by adding at the end the following new 
paragraph: 
‘‘(3) In addition to the plans submitted under para-
graph (1), the Secretary of Energy shall submit to Con-
gress every six months a report setting forth a description 
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of, and the amount or value of, all local impact assistance 
provided during the preceding six months under sub-
section (c)(6).’’. 
(2) CONFORMING AMENDMENT.—Section 4851 
of the Atomic Energy Defense Act (50 U.S.C. 2821) 
is repealed. 
(3) CLERICAL AMENDMENT.—The table of con-
tents at the beginning of the Atomic Energy Defense 
Act is amended by striking the item relating to sec-
tion 4851. 
(r) RECRUITMENT AND TRAINING.—Section 4622 of 
the Atomic Energy Defense Act (50 U.S.C. 2722) is 
amended— 
(1) in subsection (b)— 
(A) by striking ‘‘(1) As part of’’ and in-
serting ‘‘As part of’’; and 
(B) by striking paragraph (2); and 
(2) by striking subsection (d). 
(s) FELLOWSHIP PROGRAM.— 
(1) IN GENERAL.—Section 4623 of the Atomic 
Energy Defense Act (50 U.S.C. 2723) is amended— 
(A) in the heading, by striking ‘‘DEPART-
MENT
OF
ENERGY
NUCLEAR
WEAPONS 
COMPLEX’’ and inserting ‘‘NUCLEAR SECU-
RITY ENTERPRISE’’; 
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(B) by striking ‘‘Department of Energy 
nuclear weapons complex’’ each place it appears 
and inserting ‘‘nuclear security enterprise’’; 
(C) in subsection (c), by striking ‘‘fol-
lowing’’ and all that follows through the period 
at the end and inserting ‘‘national security lab-
oratories and nuclear weapon production facili-
ties.’’; and 
(D) in subsection (f)(2), by striking ‘‘the 
Department of Energy for’’ and inserting ‘‘the 
nuclear security enterprise for’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents at the beginning of the Atomic Energy Defense 
Act is amended by striking the item relating to sec-
tion 4623 and inserting the following new item: 
‘‘Sec. 4623. Fellowship program for development of skills critical to the nuclear 
security enterprise.’’. 
(t) COST OVERRUNS.—Section 4713(a)(1)(A) of the 
Atomic Energy Defense Act (50 U.S.C. 2753(a)(1)(A)) is 
amended— 
(1) by striking ‘‘for Nuclear Security’’; and 
(2) by striking ‘‘National Nuclear Security’’. 
(u) BUDGET REQUEST.— 
(1) IN GENERAL.—Section 4731 of the Atomic 
Energy Defense Act (50 U.S.C. 2771) is repealed. 
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(2) CLERICAL AMENDMENT.—The table of con-
tents at the beginning of the Atomic Energy Defense 
Act is amended by striking the item relating to sec-
tion 4731. 
(v) CONTRACTOR BONUSES.—Section 4802 of the 
Atomic Energy Defense Act (50 U.S.C. 2782) is amend-
ed— 
(2) by striking subsection (b); and 
(3) by redesignating subsections (c) and (d) as 
subsections (b) and (c), respectively. 
(w) FUNDS FOR RESEARCH AND DEVELOPMENT.— 
Section 4812 of the Atomic Energy Defense Act (50 
U.S.C. 2792) is amended— 
(1) by striking subsections (b) through (d); and 
(2) by redesignating subsection (e) as sub-
section (b). 
(x) TECHNOLOGY PARTNERSHIPS.—Section 4813(c) 
of the Atomic Energy Defense Act (50 U.S.C. 2794(c)) 
is amended by striking paragraph (5). 
(y) UNIVERSITY COLLABORATION.—Section 4814 of 
the Atomic Energy Defense Act (50 U.S.C. 2795) is 
amended by striking subsection (c). 
(z) 
ENGINEERING
AND
MANUFACTURING
RE-
SEARCH.—Section 4832 of the Atomic Energy Defense 
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Act (50 U.S.C. 2812) is amended by striking subsections 
(c) through (e). 
(aa) PILOT PROGRAM REPORT.—Section 4833 of the 
Atomic Energy Defense Act (50 U.S.C. 2813) is amended 
by striking subsection (e). 
(bb) TECHNICAL AMENDMENTS.—The Atomic En-
ergy Defense Act (50 U.S.C. 2501 et seq.) is amended 
as follows: 
(1) By striking ‘‘Nevada Test Site’’ each place 
it appears and inserting ‘‘Nevada National Security 
Site’’. 
(2) By striking ‘‘Director of Central Intel-
ligence’’ each place it appears and inserting ‘‘Direc-
tor of National Intelligence’’. 
SEC. 3132. IMPROVEMENTS TO THE NATIONAL NUCLEAR 
SECURITY ADMINISTRATION ACT. 
(a) 
NUCLEAR
SECURITY
ENTERPRISE
REF-
ERENCE.— 
(1) FUTURE-YEARS
NUCLEAR
SECURITY
PRO-
GRAM.—Section 3253 of the National Nuclear Secu-
rity Administration Act (50 U.S.C. 2453) is amend-
ed by striking ‘‘nuclear weapons complex’’ each place 
it appears and inserting ‘‘nuclear security enter-
prise’’. 
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(2) GAO REPORTS.—Section 3255 of the Na-
tional Nuclear Security Administration Act (50 
U.S.C. 2455) is amended— 
(A) by striking ‘‘nuclear security complex’’ 
each place it appears and inserting ‘‘nuclear se-
curity enterprise’’; and 
(B) in subsection (b), by striking para-
graph (3). 
(3) DEFINITION.—Section 3281 of the National 
Nuclear Security Administration Act (50 U.S.C. 
2471) is amended by adding at the end the following 
new paragraph: 
‘‘(6) The term ‘nuclear security enterprise’ 
means the physical facilities, technology, and human 
capital of the national security laboratories and the 
nuclear weapons production facilities.’’. 
(b) TRANSFER OF FUNCTIONS.— 
(1) NEW TRANSFERS.— 
(A) IN
GENERAL.—Section 3291 of the 
National Nuclear Security Administration Act 
(50 U.S.C. 2481) is amended to read as fol-
lows: 
‘‘SEC. 3291. TRANSFER OF FUNCTIONS. 
‘‘(a) AUTHORITY TO TRANSFER FUNCTIONS.—The 
Secretary of Energy may transfer to the Administrator 
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any facility, mission, or function of the Department of En-
ergy that the Secretary, in consultation with the Adminis-
trator and Congress, determines to be consistent with the 
mission of the Administration. 
‘‘(b) ENVIRONMENTAL REMEDIATION AND WASTE 
MANAGEMENT ACTIVITIES.—In the case of any environ-
mental remediation and waste management activity of any 
element of the Administration, the Secretary of Energy 
may determine to transfer responsibility for that activity 
to another element of the Department of Energy. 
‘‘(c) TRANSFER OF FUNDS.—(1) Any balance of ap-
propriations that the Secretary of Energy determines is 
available and needed to finance or discharge a function, 
power, or duty or an activity that is transferred to the 
Administration shall be transferred to the Administration 
and used for any purpose for which those appropriations 
were originally available. Balances of appropriations so 
transferred shall— 
‘‘(A) be credited to any applicable appropriation 
account of the Administration; or 
‘‘(B) be credited to a new account that may be 
established on the books of the Department of the 
Treasury; 
and shall be merged with the funds already credited 
to that account and accounted for as one fund. 
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‘‘(2) Balances of appropriations credited to an ac-
count under paragraph (1)(A) are subject only to such 
limitations as are specifically applicable to that account. 
Balances of appropriations credited to an account under 
paragraph (1)(B) are subject only to such limitations as 
are applicable to the appropriations from which they are 
transferred. 
‘‘(d) PERSONNEL.—(1) With respect to any function, 
power, or duty or activity of the Department of Energy 
that is transferred to the Administration, those employees 
of the element of the Department of Energy from which 
the transfer is made that the Secretary of Energy deter-
mines are needed to perform that function, power, or duty, 
or for that activity, as the case may be, shall be trans-
ferred to the Administration. 
‘‘(2) The authorized strength in civilian employees of 
any element of the Department of Energy from which em-
ployees are transferred under this section is reduced by 
the number of employees so transferred.’’. 
(B) CLERICAL AMENDMENT.—The table of 
contents at the beginning of the National Nu-
clear Security Administration Act is amended 
by striking the item relating to section 3291 
and inserting the following new item: 
‘‘Sec. 3291. Transfer of Functions.’’. 
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(2) APPLICABILITY
OF
EXISTING
LAWS
AND 
REGULATIONS.—Section 3296 of the National Nu-
clear Security Administration Act (50 U.S.C. 2484) 
is amended to read as follows: 
‘‘SEC. 3296. APPLICABILITY OF PREEXISTING LAWS AND 
REGULATIONS. 
‘‘With respect to any facility, mission, or function of 
the Department of Energy that the Secretary of Energy 
transfers to the Administrator under section 3291, unless 
otherwise provided in this title, all provisions of law and 
regulations in effect immediately before the date of the 
transfer that are applicable to such facility, mission, or 
functions shall continue to apply to the corresponding 
functions of the Administration.’’. 
(3) RULE OF CONSTRUCTION.—Nothing in sec-
tion 3291 of the National Nuclear Security Adminis-
tration Act (50 U.S.C. 2481), as amended by para-
graph (1), may be construed to affect any function 
or activity transferred by the Secretary of Energy to 
the Administrator for Nuclear Security before the 
date of the enactment of this Act. 
(c) REPEAL OF EXPIRED PROVISIONS.— 
(1) IN GENERAL.—The following sections of the 
National Nuclear Security Administration Act (50 
U.S.C. 2401 et seq.) are repealed: 
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(A) Section 3242 (50 U.S.C. 2442). 
(B) Section 3292 (50 U.S.C. 2482). 
(C) Section 3295 (50 U.S.C. 2483). 
(D) Section 3297 (50 U.S.C. 2401 note). 
(2) CLERICAL
AMENDMENTS.—The table of 
contents at the beginning of the National Nuclear 
Security Administration Act is amended by striking 
the item relating to sections 3242, 3292, 3295, and 
3297. 
(d) TECHNICAL
AMENDMENTS
TO
THE
NNSA 
ACT.—The National Nuclear Security Administration Act 
(50 U.S.C. 2401 et seq.) is amended as follows: 
(1) In section 3212(a)(2) (50 U.S.C. 2402), by 
striking ‘‘as added by section 3202 of this Act,’’. 
(2) 
In 
section 
3253(b)(3) 
(50 
U.S.C. 
2453(b)(3)), by striking ‘‘section 3158 of the Strom 
Thurmond National Defense Authorization Act for 
Fiscal Year 1999 (42 U.S.C. 2121 note)’’ and in-
serting ‘‘section 4202(a) of the Atomic Energy De-
fense Act (50 U.S.C. 2522(a))’’. 
(3) In section 3281(2) (50 U.S.C. 2471(2))— 
(A) in subparagraph (C), by striking ‘‘Y– 
12 Plant’’ and inserting ‘‘Y–12 National Secu-
rity Complex’’; and 
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(B) in subparagraph (D), by striking ‘‘trit-
ium operations facilities at the’’. 
(4) By striking ‘‘Nevada Test Site’’ each place 
it appears and inserting ‘‘Nevada National Security 
Site’’. 
(e) TECHNICAL AMENDMENT TO THE DOE ORGANI-
ZATION ACT.—Section 643 of the Department of Energy 
Organization Act (42 U.S.C. 7253) is amended by redesig-
nating the second subsection (b) as subsection (c). 
SEC. 3133. CLARIFICATION OF THE ROLE OF THE ADMINIS-
TRATOR FOR NUCLEAR SECURITY. 
(a) ROLE UNDER NNSA ACT.— 
(1) FUNCTION.—Section 3212 of the National 
Nuclear Security Administration Act (50 U.S.C. 
2402(b)) is amended— 
(A) in subsection (b), by striking ‘‘all pro-
grams and activities of the Administration’’ and 
inserting ‘‘all programs, policies, regulations, 
and rules of the Administration’’; and 
(B) in subsection (d), by striking ‘‘, unless 
disapproved by the Secretary of Energy.’’ and 
inserting ‘‘to carry out the mission and func-
tions of the Administration, except as provided 
by section 3219.’’. 
(2) ROLE OF THE SECRETARY OF ENERGY.— 
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(A) IN
GENERAL.—Section 3219 of the 
National Nuclear Security Administration Act 
(50 U.S.C. 2409) is amended to read as fol-
lows: 
‘‘SEC. 3219. SCOPE OF AUTHORITY OF SECRETARY OF EN-
ERGY REGARDING THE ADMINISTRATION. 
‘‘(a) IN GENERAL.—(1) The Secretary of Energy 
may disapprove any action, policy, regulation, or rule of 
the Administrator if— 
‘‘(A) the Secretary submits to the congressional 
defense committees justification for such dis-
approval; and 
‘‘(B) a period of 15 days has elapsed following 
the date on which such justification was submitted. 
‘‘(2) Nothing in this title may be construed to provide 
authority to the Secretary of Energy to administer, en-
force, or oversee the activities under this title except— 
‘‘(A) as provided by paragraph (1); or 
‘‘(B) to the extent otherwise specifically pro-
vided by law. 
‘‘(3) Except as provided by this section, the Adminis-
trator shall have complete authority to establish and con-
duct oversight of policies, activities, and procedures of the 
Administration without direction or oversight by the Sec-
retary of Energy. 
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‘‘(4) The authority of the Secretary under paragraph 
(1) may be delegated only to the Deputy Secretary of En-
ergy, without further redelegation. 
‘‘(b) LIMITATION ON TRANSFER.—Notwithstanding 
the authority granted by section 643 of the Department 
of Energy Organization Act (42 U.S.C. 7253) or any other 
provision of law, the Secretary of Energy may not estab-
lish, abolish, alter, consolidate, or discontinue any organi-
zational unit or component, or transfer any function, of 
the Administration, except as authorized by section 
3291.’’. 
(B) CLERICAL AMENDMENT.—The table of 
contents at the beginning of the National Nu-
clear Security Administration Act is amended 
by striking the item relating to section 3219 
and inserting the following new item: 
‘‘Sec. 3219. Scope of Authority of Secretary of Energy regarding the Adminis-
tration.’’. 
(C) DEPARTMENT OF ENERGY ORGANIZA-
TION ACT.—Section 202(c)(3) of the Depart-
ment of Energy Organization Act (42 U.S.C. 
7132(c)(3)) is amended to read as follows: 
‘‘(3) The Under Secretary for Nuclear Security shall 
serve as the Administrator for Nuclear Security under sec-
tion 3212 of the National Nuclear Security Administration 
Act (50 U.S.C. 2402). In carrying out the functions of 
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the Administrator, the Under Secretary shall be subject 
to the authority of the Secretary of Energy in accordance 
with section 3219 of such Act (50 U.S.C. 2409).’’. 
(3) STATUS
OF
ADMINISTRATION
AND
CON-
TRACTOR
PERSONNEL.—Section 3220 of the Na-
tional Nuclear Security Administration Act (50 
U.S.C. 2410) is amended— 
(A) in subsection (a)— 
(i) in paragraph (1)— 
(I) by striking subparagraph (A); 
and 
(II) by redesignating subpara-
graph (B) and (C) as subparagraph 
(A) and (B), respectively; 
(ii) in paragraph (2), by striking ‘‘any 
other officer, employee, or agent of the De-
partment of Energy’’ and inserting ‘‘any 
officer, employee, or agent of the Depart-
ment of Energy, except as provided by sec-
tion 3219’’; and 
(B) in subsection (b), by striking ‘‘except 
for’’ and all that follows through the period and 
inserting ‘‘except as provided by section 3219.’’. 
(4) OFFICE
OF
DEFENSE
NUCLEAR
SECU-
RITY.—Section 3232 of the National Nuclear Secu-
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rity Administration Act (50 U.S.C. 2422) is amend-
ed to read as follows: 
‘‘SEC. 3232. OFFICE OF DEFENSE NUCLEAR SECURITY. 
‘‘(a) ESTABLISHMENT.—There is within the Admin-
istration an Office of Defense Nuclear Security, headed 
by a Chief appointed by the Administrator. 
‘‘(b) CHIEF OF DEFENSE NUCLEAR SECURITY.—(1) 
The head of the Office of Defense Nuclear Security is the 
Chief of Defense Nuclear Security, who shall report to the 
Administrator and shall implement the security policies di-
rected by the Administrator. 
‘‘(2) The Chief shall be responsible for the develop-
ment and implementation of security programs and poli-
cies for the Administration, including the protection, con-
trol, and accounting of materials, and for the physical and 
cyber security for all facilities of the Administration.’’. 
(5) COUNTERINTELLIGENCE PROGRAMS.—Sec-
tion 3233 of the National Nuclear Security Adminis-
tration Act (50 U.S.C. 2423) is amended in each of 
subsections (a) and (b) by striking ‘‘The Secretary 
of Energy shall’’ and inserting ‘‘The Secretary of 
Energy, in coordination with the Administrator, 
shall’’. 
(6) BUDGET TREATMENT.—Section 3251(a) of 
the National Nuclear Security Administration Act 
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(50 U.S.C. 2451(a)) is amended by striking ‘‘within 
the other amounts requested for the Department of 
Energy’’ and inserting ‘‘from the amounts requested 
for any other agency, including the Department of 
Energy’’. 
(7) FUTURE-YEARS
NUCLEAR
SECURITY
PRO-
GRAM.—Section 3253(b)(6) of the National Nuclear 
Security Administration Act (50 U.S.C. 2453(b)(6)) 
is amended by striking ‘‘, developed in consultation 
with the Director of the Office of Health, Safety, 
and Security of the Department of Energy,’’. 
(b) ROLE UNDER THE AEDA.— 
(1) 
STOCKPILE
STEWARDSHIP.—Section 
4201(a) of the Atomic Energy Defense Act (50 
U.S.C. 2521(a)) is amended by striking ‘‘The Sec-
retary of Energy, acting through the Administrator 
for Nuclear Security,’’ and inserting ‘‘The Adminis-
trator’’. 
(2) REPORT
ON
STOCKPILE
STEWARDSHIP.— 
Section 4202 of the Atomic Energy Defense Act (50 
U.S.C. 2522) is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘The Secretary of En-
ergy’’ and inserting ‘‘The Administrator’’; 
and 
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(ii) by striking ‘‘Department of En-
ergy’’ and inserting ‘‘Administration’’; and 
(B) in subsection (b), by striking ‘‘The 
Secretary of Energy’’ and inserting ‘‘The Ad-
ministrator’’. 
(3) STOCKPILE
MANAGEMENT.—Section 4204 
of the Atomic Energy Defense Act (50 U.S.C. 2524) 
is amended— 
(A) in subsection (a), by striking ‘‘The 
Secretary of Energy, acting through the Admin-
istrator for Nuclear Security and’’ and inserting 
‘‘The Administrator,’’; and 
(B) in subsection (b), by striking ‘‘Sec-
retary of Energy’’ and inserting ‘‘Adminis-
trator’’. 
(4) ANNUAL
ASSESSMENTS.—Section 4205(h) 
of the Atomic Energy Defense Act (50 U.S.C. 
2525(h)) is amended to read as follows: 
‘‘(h) SECRETARY CONCERNED DEFINED.—In this 
section, the term ‘Secretary concerned’ means— 
‘‘(1) the Secretary of Energy, with respect to 
matters concerning the Administration; and 
‘‘(2) the Secretary of Defense, with respect to 
matters concerning the Department of Defense.’’. 
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(5) NUCLEAR
TEST
BAN
READINESS
PRO-
GRAM.—Section 4207 of the Atomic Energy Defense 
Act (50 U.S.C. 2527) is amended— 
(A) in subsection (b), by striking ‘‘Sec-
retary of Energy’’ and inserting ‘‘Adminis-
trator’’; and 
(B) in subsection (d), by striking ‘‘Sec-
retary of Energy’’ and inserting ‘‘Adminis-
trator’’. 
(6) SPECIFIC
REQUEST
REQUIREMENT.—Sec-
tion 4209 of the Atomic Energy Defense Act (50 
U.S.C. 2529) is amended— 
(A) in subsection (a)(1)— 
(i) by striking ‘‘ after fiscal year 2002 
in which the Secretary of Energy’’ and in-
serting ‘‘in which the Administrator’’; and 
(ii) by striking ‘‘the Secretary shall’’ 
and inserting ‘‘the Administrator shall’’; 
and 
(B) in subsection (b), by striking ‘‘Sec-
retary shall’’ and inserting ‘‘Administrator 
shall’’. 
(7) MANUFACTURING INFRASTRUCTURE.—Sec-
tion 4212(a)(1) of the Atomic Energy Defense Act 
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(16) COUNTERINTELLIGENCE FAILURES.—Sec-
tion 4505 of the Atomic Energy Defense Act (50 
U.S.C. 2656) is amended— 
(A) by striking ‘‘Secretary of Energy’’ each 
place it appears and inserting ‘‘Administrator’’; 
(B) by striking ‘‘Secretary’’ each place it 
appears and inserting ‘‘Administrator’’; 
(C) by striking ‘‘Department of Energy’’ 
each place it appears and inserting ‘‘Adminis-
tration’’; and 
(D) by striking ‘‘Department’’ each place 
it appears and inserting ‘‘Administration’’. 
(17) SECURITY
FUNCTIONS
REPORT.—Section 
4506 of the Atomic Energy Defense Act (50 U.S.C. 
2657), as amended by section 3131(m), is amended 
by striking ‘‘the Secretary of Energy’’ and inserting 
‘‘the Administrator’’. 
(18) COUNTERINTELLIGENCE
REPORT.—Sec-
tion 4507(a) of the Atomic Energy Defense Act (50 
U.S.C. 2658(a)) is amended by striking ‘‘Secretary 
of Energy’’ and inserting ‘‘Administrator’’. 
(19) COMPUTER
SECURITY
REPORT.—Section 
4508 of the Atomic Energy Defense Act (50 U.S.C. 
2659) is amended— 
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(A) in subsection (c), by striking ‘‘Sec-
retary of Energy’’ each place it appears and in-
serting ‘‘Administrator’’; and 
(B) in subsection (d), by striking ‘‘Sec-
retary’’ each place it appears and inserting 
‘‘Administrator’’. 
(20) DOCUMENT REVIEW.—Section 4521 of the 
Atomic Energy Defense Act (50 U.S.C. 2671) is 
amended— 
(A) in subsection (a)— 
(i) by striking ‘‘Secretary of Energy’’ 
and inserting ‘‘Administrator’’; 
(ii) by striking ‘‘Department of En-
ergy’’ and inserting ‘‘Administration’’; and 
(B) in subsection (b), by striking ‘‘Sec-
retary’’ each place it appears and inserting 
‘‘Administrator’’. 
(21) MANAGEMENT TRAINING.— 
(A) IN
GENERAL.—Section 4621 of the 
Atomic Energy Defense Act (50 U.S.C. 2721) 
is amended— 
(i) in the heading, by inserting ‘‘AND 
NATIONAL
NUCLEAR
SECURITY
AD-
MINISTRATION’’ after ‘‘ENERGY’’; 
(ii) in subsection (a)— 
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(I) by striking ‘‘Secretary of En-
ergy’’ and inserting ‘‘Under Secretary 
of Energy for Nuclear Security’’; and 
(II) by inserting ‘‘and the Ad-
ministration’’ after ‘‘the Department 
of Energy’’; and 
(iii) in subsection (b)(1), by inserting 
‘‘and Administration’’ after ‘‘Department 
of Energy’’. 
(B) CLERICAL AMENDMENT.—The table of 
contents at the beginning of the Atomic Energy 
Defense Act is amended by striking the item re-
lating to section 4621 and inserting the fol-
lowing new item: 
‘‘Sec. 4621. Executive management training in the Department of Energy and 
National Nuclear Security Administration.’’. 
(22) RECRUITMENT
AND
TRAINING.—Section 
4622 of the Atomic Energy Defense Act (50 U.S.C. 
2722) is amended— 
(A) in subsection (a), by striking ‘‘the Sec-
retary of Energy’’ and inserting ‘‘the Adminis-
trator’’; and 
(B) in subsection (c), by striking ‘‘Sec-
retary’’ and inserting ‘‘Administrator’’. 
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(23) FELLOWSHIP PROGRAM.—Section 4623 of 
the Atomic Energy Defense Act (50 U.S.C. 2723) is 
amended— 
(A) by striking ‘‘Secretary of Energy’’ each 
place it appears and inserting ‘‘Administrator’’; 
(B) by striking ‘‘Secretary’’ each place it 
appears and inserting ‘‘Administrator;’’; 
(C) in subsection (b)(1), by striking ‘‘De-
partment of Energy’’ and inserting ‘‘Adminis-
tration’’; and 
(D) in subsection (e), by striking ‘‘, in con-
sultation with the Assistant Secretary of En-
ergy for Defense Programs,’’. 
(24) TRANSFER OF WEAPONS FUNDS.—Section 
4711 of the Atomic Energy Defense Act (50 U.S.C. 
2751) is amended— 
(A) in subsection (a), by striking ‘‘Sec-
retary of Energy’’ and inserting ‘‘Adminis-
trator’’; 
(B) in subsection (d), by striking ‘‘Sec-
retary, acting through the Administrator for 
Nuclear Security,’’ and inserting ‘‘Adminis-
trator’’; and 
(C) in subsection (e)— 
(i) in paragraph (1)— 
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(I) by striking ‘‘Department of 
Energy’’ and inserting ‘‘Administra-
tion’’; and 
(II) by striking ‘‘Department’’ 
and inserting ‘‘Administration’’; and 
(ii) in paragraph (2), by inserting ‘‘or 
the Administration’’ after ‘‘Department of 
Energy’’. 
(25) COST
OVERRUNS.—Section 4713 of the 
Atomic Energy Defense Act (50 U.S.C. 2753) is 
amended— 
(A) in subsection (a)(2)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘Secretary of En-
ergy’’ and inserting ‘‘Administrator’’; 
and 
(II) in clause (ii), by striking 
‘‘Department’’ and inserting ‘‘Admin-
istration’’; and 
(ii) in subparagraph (B), by striking 
‘‘Secretary’’ 
and 
inserting 
‘‘Adminis-
trator’’; and 
(B) in subsection (c)(2)(B), by inserting 
‘‘or the Administration’’ after ‘‘Department of 
Energy’’. 
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(26) PENALTIES.—Section 4721(a) of the 
Atomic Energy Defense Act (50 U.S.C. 2761(a)) is 
amended by striking ‘‘the Department of Energy for 
the Naval Nuclear Propulsion Program’’ and insert-
ing ‘‘the Administration for the Naval Nuclear Reac-
tor Program’’. 
(27) RESEARCH AND DEVELOPMENT.—Section 
4811 of the Atomic Energy Defense Act (50 U.S.C. 
2791) is amended— 
(A) in subsection (a), by inserting ‘‘and 
the Administration’’ after ‘‘Department of En-
ergy’’; 
(B) in subsection (b)— 
(i) by striking ‘‘The Secretary’’ and 
inserting ‘‘(1) Except as provided by para-
graph (2), the Secretary’’; and 
(ii) by adding at the end the following 
new paragraph: 
‘‘(2) With respect to the conduct of laboratory-di-
rected research and development at laboratories of the Ad-
ministration, the Administrator shall prescribe regulations 
for such conduct and oversee such regulations.’’; and 
(C) in subsection (c), by inserting ‘‘or the 
Administrator’’ after ‘‘the Secretary’’. 
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(28) FUNDS
FOR
RESEARCH
AND
DEVELOP-
MENT.—Subsection (a)(1) of section 4812 of the 
Atomic Energy Defense Act (50 U.S.C. 2792(a)(1)) 
is amended— 
(A) by striking ‘‘the Department of Energy 
in’’ and inserting ‘‘the Administration in’’; 
(B) by striking ‘‘under the Department of 
Energy’’; and inserting ‘‘under the’’; 
(C) by striking ‘‘any Department of En-
ergy’’ and inserting ‘‘any’’; and 
(D) by striking ‘‘mission of the Depart-
ment of Energy’’ and inserting ‘‘mission of the 
Administration’’. 
SEC. 3134. CONSOLIDATED REPORTING REQUIREMENTS 
RELATING TO NUCLEAR STOCKPILE STEW-
ARDSHIP, MANAGEMENT, AND INFRASTRUC-
TURE. 
(a) CONSOLIDATED PLAN FOR STEWARDSHIP, MAN-
AGEMENT, AND CERTIFICATION OF WARHEADS IN THE 
NUCLEAR WEAPONS STOCKPILE.— 
(1) IN GENERAL.—Section 4203 of the Atomic 
Energy Defense Act (50 U.S.C. 2523) is amended to 
read as follows: 
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‘‘SEC. 4203. NUCLEAR WEAPONS STOCKPILE STEWARDSHIP, 
MANAGEMENT, AND INFRASTRUCTURE PLAN. 
‘‘(a) PLAN REQUIREMENT.—The Administrator, in 
consultation with the Secretary of Defense and other ap-
propriate officials of the departments and agencies of the 
Federal Government, shall develop and annually update 
a plan for sustaining the nuclear weapons stockpile. The 
plan shall cover, at a minimum, stockpile stewardship, 
stockpile management, stockpile surveillance, program di-
rection, infrastructure modernization, human capital, and 
nuclear test readiness. The plan shall be consistent with 
the programmatic and technical requirements of the most 
recent annual Nuclear Weapons Stockpile Memorandum. 
‘‘(b) SUBMISSIONS TO CONGRESS.—(1) In accord-
ance with subsection (c), not later than March 15 of each 
even-numbered year, the Administrator shall submit to the 
congressional defense committees a summary of the plan 
developed under subsection (a). 
‘‘(2) In accordance with subsection (d), not later than 
March 15 of each odd-numbered year, the Administrator 
shall submit to the congressional defense committees a de-
tailed report on the plan developed under subsection (a). 
‘‘(3) The summaries and reports required by this sub-
section shall be submitted in unclassified form, but may 
include a classified annex. 
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‘‘(c) ELEMENTS OF BIENNIAL PLAN SUMMARY.— 
Each summary of the plan submitted under subsection 
(b)(1) shall include, at a minimum, the following: 
‘‘(1) A summary of the status of the nuclear 
weapons stockpile, including the number and age of 
warheads (including both active and inactive) for 
each warhead type. 
‘‘(2) A summary of the status, plans, budgets, 
and schedules for warhead life extension programs 
and any other programs to modify, update, or re-
place warhead types. 
‘‘(3) A summary of the methods and informa-
tion used to determine that the nuclear weapons 
stockpile is safe and reliable, as well as the relation-
ship of science-based tools to the collection and in-
terpretation of such information. 
‘‘(4) A summary of the status of the nuclear se-
curity enterprise, including programs and plans for 
infrastructure modernization and retention of human 
capital, as well as associated budgets and schedules. 
‘‘(5) A summary of the status of achieving the 
purposes of the program established under section 
4207(b). 
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‘‘(6) Identification of any modifications or up-
dates to the plan since the previous summary or de-
tailed report was submitted under subsection (b). 
‘‘(7) Such other information as the Adminis-
trator considers appropriate. 
‘‘(d) ELEMENTS OF BIENNIAL DETAILED REPORT.— 
Each detailed report on the plan submitted under sub-
section (b)(2) shall include, at a minimum, the following: 
‘‘(1) With respect to stockpile stewardship and 
management— 
‘‘(A) the status of the nuclear weapons 
stockpile, including the number and age of war-
heads (including both active and inactive) for 
each warhead type; 
‘‘(B) for each five-year period occurring 
during the period beginning on the date of the 
report and ending on the date that is 20 years 
after the date of the report— 
‘‘(i) the planned number of nuclear 
warheads (including active and inactive) 
for each warhead type in the nuclear weap-
ons stockpile; and 
‘‘(ii) the past and projected future 
total lifecycle cost of each type of nuclear 
weapon; 
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‘‘(C) the status, plans, budgets, and sched-
ules for warhead life extension programs and 
any other programs to modify, update, or re-
place warhead types; 
‘‘(D) a description of the process by which 
the Administrator assesses the lifetimes, and re-
quirements for life extension or replacement, of 
the nuclear and non-nuclear components of the 
warheads (including active and inactive war-
heads) in the nuclear weapons stockpile; 
‘‘(E) a description of the process used in 
recertifying the safety, security, and reliability 
of each warhead type in the nuclear weapons 
stockpile; 
‘‘(F) any concerns of the Administrator 
which would affect the ability of the Adminis-
trator to recertify the safety, security, or reli-
ability of warheads in the nuclear weapons 
stockpile (including active and inactive war-
heads); 
‘‘(G) mechanisms to provide for the manu-
facture, maintenance, and modernization of 
each warhead type in the nuclear weapons 
stockpile, as needed; 
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‘‘(H) mechanisms to expedite the collection 
of information necessary for carrying out the 
stockpile management program required by sec-
tion 4204, including information relating to the 
aging of materials and components, new manu-
facturing techniques, and the replacement or 
substitution of materials; 
‘‘(I) mechanisms to ensure the appropriate 
assignment of roles and missions for each na-
tional security laboratory and nuclear weapons 
production facility, including mechanisms for 
allocation of workload, mechanisms to ensure 
the carrying out of appropriate modernization 
activities, and mechanisms to ensure the reten-
tion of skilled personnel; 
‘‘(J) mechanisms to ensure that each na-
tional security laboratory has full and complete 
access to all weapons data to enable a rigorous 
peer-review process to support the annual as-
sessment of the condition of the nuclear weap-
ons stockpile required under section 4205; 
‘‘(K) mechanisms for allocating funds for 
activities under the stockpile management pro-
gram required by section 4204, including allo-
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cations of funds by weapon type and facility; 
and 
‘‘(L) for each of the five fiscal years fol-
lowing the fiscal year in which the report is 
submitted, an identification of the funds needed 
to carry out the program required under section 
4204. 
‘‘(2) With respect to science-based tools— 
‘‘(A) a description of the information need-
ed to determine that the nuclear weapons stock-
pile is safe and reliable; 
‘‘(B) for each science-based tool used to 
collect information described in subparagraph 
(A), the relationship between such tool and 
such information and the effectiveness of such 
tool in providing such information based on the 
criteria developed pursuant to section 4202(a); 
and 
‘‘(C) the criteria developed under section 
4202(a) (including any updates to such cri-
teria). 
‘‘(3) An assessment of the stockpile stewardship 
program under section 4201 by the Administrator, 
in consultation with the directors of the national se-
curity laboratories, which shall set forth— 
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‘‘(A) an identification and description of— 
‘‘(i) any key technical challenges to 
the stockpile stewardship program; and 
‘‘(ii) the strategies to address such 
challenges without the use of nuclear test-
ing; 
‘‘(B) a strategy for using the science-based 
tools (including advanced simulation and com-
puting capabilities) of each national security 
laboratory to ensure that the nuclear weapons 
stockpile is safe, secure, and reliable without 
the use of nuclear testing. 
‘‘(C) an assessment of the science-based 
tools (including advanced simulation and com-
puting capabilities) of each national security 
laboratory that exist at the time of the assess-
ment compared with the science-based tools ex-
pected to exist during the period covered by the 
future-years nuclear security program; and 
‘‘(D) an assessment of the core scientific 
and technical competencies required to achieve 
the objectives of the stockpile stewardship pro-
gram and other weapons activities and weap-
ons-related activities of the Administration, in-
cluding— 
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‘‘(i) the number of scientists, engi-
neers, and technicians, by discipline, re-
quired to maintain such competencies; and 
‘‘(ii) a description of any shortage of 
such individuals that exists at the time of 
the assessment compared with any short-
age expected to exist during the period cov-
ered by the future-years nuclear security 
program. 
‘‘(4) With respect to the nuclear security infra-
structure— 
‘‘(A) a description of the modernization 
and refurbishment measures the Administrator 
determines necessary to meet the requirements 
prescribed in— 
‘‘(i) the national security strategy of 
the United States as set forth in the most 
recent national security strategy report of 
the President under section 108 of the Na-
tional Security Act of 1947 (50 U.S.C. 
404a) if such strategy has been submitted 
as of the date of the plan; 
‘‘(ii) the most recent quadrennial de-
fense review if such strategy has not been 
submitted as of the date of the plan; and 
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‘‘(iii) the most recent nuclear posture 
review as of the date of the plan; 
‘‘(B) a schedule for implementing the 
measures described under subparagraph (A) 
during the 10-year period following the date of 
the plan; and 
‘‘(C) the estimated levels of annual funds 
the Administrator determines necessary to 
carry out the measures described under sub-
paragraph (A), including a discussion of the cri-
teria, evidence, and strategies on which such es-
timated levels of annual funds are based. 
‘‘(5) With respect to the nuclear test readiness 
of the United States— 
‘‘(A) an estimate of the period of time that 
would be necessary for the Administrator to 
conduct an underground test of a nuclear weap-
on once directed by the President to conduct 
such a test; 
‘‘(B) a description of the level of test read-
iness that the Administrator, in consultation 
with the Secretary of Defense, determines to be 
appropriate; 
‘‘(C) a list and description of the workforce 
skills and capabilities that are essential to car-
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rying out an underground nuclear test at the 
Nevada National Security Site; 
‘‘(D) a list and description of the infra-
structure and physical plants that are essential 
to carrying out an underground nuclear test at 
the Nevada National Security Site; and 
‘‘(E) an assessment of the readiness status 
of the skills and capabilities described in sub-
paragraph (C) and the infrastructure and phys-
ical plants described in subparagraph (D). 
‘‘(6) With respect to the program established 
under section 4207(b), a description of the progress 
made to the date of the report in achieving the pur-
poses of such program. 
‘‘(7) Identification of any modifications or up-
dates to the plan since the previous summary or de-
tailed report was submitted under subsection (b). 
‘‘(e) NUCLEAR WEAPONS COUNCIL ASSESSMENT.— 
(1) For each detailed report on the plan submitted under 
subsection (b)(2), the Nuclear Weapons Council estab-
lished by section 179 of title 10, United States Code, shall 
conduct an assessment that includes the following: 
‘‘(A) An analysis of the plan, including— 
‘‘(i) whether the plan supports the require-
ments of the national security strategy of the 
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United States or the most recent quadrennial 
defense review, as applicable under subsection 
(d)(4)(A), and the Nuclear Posture Review; and 
‘‘(ii) whether the modernization and refur-
bishment measures described under subpara-
graph (A) of paragraph (4) and the schedule 
described under subparagraph (B) of such 
paragraph are adequate to support such re-
quirements. 
‘‘(B) An analysis of whether the plan ade-
quately addresses the requirements for infrastruc-
ture recapitalization of the facilities of the nuclear 
security enterprise. 
‘‘(C) If the Nuclear Weapons Council deter-
mines that the plan does not adequately support 
modernization 
and 
refurbishment 
requirements 
under subparagraph (A) or the nuclear security en-
terprise facilities infrastructure recapitalization re-
quirements under subparagraph (B), a risk assess-
ment with respect to— 
‘‘(i) supporting the annual certification of 
the nuclear weapons stockpile; and 
‘‘(ii) maintaining the long-term safety, se-
curity, and reliability of the nuclear weapons 
stockpile. 
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‘‘(2) Not later than 180 days after the date on which 
the Administrator submits the plan under subsection 
(b)(2), the Nuclear Weapons Council shall submit to the 
congressional defense committees a report detailing the as-
sessment required under paragraph (1). 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘budget’, with respect to a fiscal 
year, means the budget for that fiscal year that is 
submitted to Congress by the President under sec-
tion 1105(a) of title 31, United States Code. 
‘‘(2) The term ‘future-years nuclear security 
program’ means the program required by section 
3253 of the National Nuclear Security Administra-
tion Act (50 U.S.C. 2453). 
‘‘(3) The term ‘nuclear security budget mate-
rials’, with respect to a fiscal year, means the mate-
rials submitted to Congress by the Administrator for 
the National Nuclear Security Administration in 
support of the budget for that fiscal year. 
‘‘(4) The term ‘quadrennial defense review’ 
means the review of the defense programs and poli-
cies of the United States that is carried out every 
four years under section 118 of title 10, United 
States Code. 
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‘‘(5) The term ‘weapons activities’ means each 
activity within the budget category of weapons ac-
tivities in the budget of the National Nuclear Secu-
rity Administration. 
‘‘(6) The term ‘weapons-related activities’ 
means each activity under the Department of En-
ergy that involves nuclear weapons, nuclear weapons 
technology, or fissile or radioactive materials, includ-
ing activities related to— 
‘‘(A) nuclear nonproliferation; 
‘‘(B) nuclear forensics; 
‘‘(C) nuclear intelligence; 
‘‘(D) nuclear safety; and 
‘‘(E) nuclear incident response.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for the Atomic Energy Defense Act is amended 
by striking the item relating to section 4203 and in-
serting the following new item: 
‘‘Sec. 4203. Nuclear weapons stockpile stewardship, management, and infra-
structure plan.’’. 
(b) REPEAL OF REQUIREMENT FOR BIENNIAL RE-
PORT ON STOCKPILE STEWARDSHIP CRITERIA.— 
(1) IN GENERAL.—Section 4202 of the Atomic 
Energy Defense Act (50 U.S.C. 2522) is amended 
by striking subsections (c) and (d). 
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(2) TECHNICAL AMENDMENT.—The heading of 
such section is amended to read as follows: 
‘‘STOCKPILE STEWARDSHIP CRITERIA’’. 
(3) CLERICAL AMENDMENT.—The table of con-
tents for the Atomic Energy Defense Act is amended 
by striking the item relating to section 4202 and in-
serting the following new item: 
‘‘Sec. 4202. Stockpile stewardship criteria.’’. 
(c) REPEAL OF REQUIREMENT FOR BIENNIAL PLAN 
ON MODERNIZATION AND REFURBISHMENT OF THE NU-
CLEAR
SECURITY
COMPLEX.—Section 4203A of the 
Atomic Energy Defense Act (50 U.S.C. 2523A) is re-
pealed. 
(d) REPEAL OF REQUIREMENT FOR ANNUAL UP-
DATE TO STOCKPILE MANAGEMENT PROGRAM PLAN.— 
Section 4204 of the Atomic Energy Defense Act (50 
U.S.C. 2524) is amended— 
(1) by striking subsections (c) and (d); and 
(2) by redesignating subsection (e) as sub-
section (c). 
(e) NUCLEAR TEST BAN READINESS PROGRAM.— 
Section 4207 of the Atomic Energy Defense Act (50 
U.S.C. 2527) is amended by striking subsection (e). 
(f) REPEAL OF REQUIREMENT FOR REPORTS ON NU-
CLEAR TEST READINESS.— 
(1) AEDA.— 
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(A) IN
GENERAL.—Section 4208 of the 
Atomic Energy Defense Act (50 U.S.C. 2528) 
is repealed. 
(B) CLERICAL AMENDMENT.—The table of 
contents for the Atomic Energy Defense Act is 
amended by striking the item relating to section 
4208. 
(2) NDAA FISCAL YEAR 1996.—Section 3152 of 
the National Defense Authorization Act for Fiscal 
Year 1996 (Public Law 104–106; 110 Stat. 623) is 
repealed. 
SEC. 3135. REPEAL OF CERTAIN REPORTING REQUIRE-
MENTS. 
(a) GAO ENVIRONMENTAL
MANAGEMENT
RE-
PORTS.—Section 3134 of the National Defense Authoriza-
tion Act for Fiscal Year 2010 (Public Law 111–84; 123 
Stat. 2713) is amended— 
(1) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘The 
Comptroller’’ and all that follows through 
‘‘(2),’’ and inserting ‘‘Beginning on the date on 
which the report under subsection (b)(2) is sub-
mitted, the Comptroller General shall conduct a 
review’’; 
(B) by striking paragraph (2); 
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(C) by redesignating paragraph (3) as 
paragraph (2); and 
(D) in paragraph (2), as so redesignated, 
by striking ‘‘the end of the period described in 
paragraph (2)’’ and inserting ‘‘August 30, 
2012’’; and 
(2) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘sub-
section 
(c)(3)’’ 
and 
inserting 
‘‘subsection 
(c)(2)’’; and 
(B) in paragraph (2), by striking ‘‘90 
days’’ and all that follows through ‘‘(c)(3)’’ and 
inserting ‘‘April 30, 2016, or the date that is 
210 days after 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), which-
ever is earlier’’. 
(b) 
WORKFORCE
RESTRUCTURING
PLAN
UP-
DATES.— 
(1) IN GENERAL.—Section 4604 of the Atomic 
Energy Defense Act (50 U.S.C. 2704), as amended 
by section 3131(q)(1), is amended— 
(A) in subsection (b)(1), by striking ‘‘and 
any updates of the plan under subsection (e)’’; 
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(B) by striking subsection (e); 
(C) in subsection (f)— 
(i) by striking paragraph (2); and 
(ii) by redesignating paragraph (3), as 
added by such section 3131(q)(1), as para-
graph (2); and 
(D) by redesignating subsections (f) and 
(g) as subsections (e) and (f), respectively. 
(2) 
CONFORMING
AMENDMENT.—Section 
4643(d)(1) of the Atomic Energy Defense Act (50 
U.S.C. 2733(d)(1)) is amended by striking ‘‘section 
4604(g)’’ and inserting ‘‘section 4604(f)’’. 
(c) UNCLASSIFIED CONTROLLED NUCLEAR INFOR-
MATION QUARTERLY REPORT.—Section 148 of the Atom-
ic Energy Act of 1954 (42 U.S.C. 2168) is amended by 
striking subsection e. 
Subtitle D—Reports 
SEC. 3141. NOTIFICATION OF NUCLEAR CRITICALITY AND 
NON-NUCLEAR INCIDENTS. 
(a) NOTIFICATION.— 
(1) IN GENERAL.—The Atomic Energy Defense 
Act (50 U.S.C. 2501 et seq.) is amended by adding 
after section 4645, as added by section 3151, the 
following new section: 
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‘‘SEC. 4646. NOTIFICATION OF NUCLEAR CRITICALITY AND 
NON-NUCLEAR INCIDENTS. 
‘‘(a) NOTIFICATION.—The Secretary of Energy and 
the Administrator, as the case may be, shall submit to 
the appropriate congressional committees a notification of 
a nuclear criticality incident resulting from a covered pro-
gram that results in an injury or fatality or results in the 
shut-down, or partial shut-down, of a covered facility by 
not later than 15 days after the date of such incident. 
‘‘(b) ELEMENTS OF NOTIFICATION.—Each notifica-
tion submitted under subsection (a) shall include the fol-
lowing: 
‘‘(1) A description of the incident, including the 
cause of the incident. 
‘‘(2) In the case of a criticality incident, wheth-
er the incident caused a facility, or part of a facility, 
to be shut-down. 
‘‘(3) The affect, if any, on the mission of the 
Administration or the Office of Environmental Man-
agement of the Department of Energy. 
‘‘(4) Any corrective action taken in response to 
the incident. 
‘‘(c) DATABASE.—(1) The Secretary and the Admin-
istrator shall each maintain a record of incidents described 
in paragraph (2). 
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‘‘(2) An incident described in this paragraph is any 
of the following incidents resulting from a covered pro-
gram: 
‘‘(A) A nuclear criticality incident that results 
in an injury or fatality or results in the shut-down, 
or partial shut-down, of a covered facility. 
‘‘(B) A non-nuclear incident that results in seri-
ous bodily injury or fatality at a covered facility. 
‘‘(d) COOPERATION.—In carrying out this section, 
the Secretary and the Administrator shall ensure that 
each management and operating contractor of a covered 
facility cooperates in a timely manner. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘appropriate congressional com-
mittees’ means— 
‘‘(A) the congressional defense committees; 
and 
‘‘(B) the Committee on Energy and Com-
merce of the House of Representatives and the 
Committee on Energy and Natural Resources of 
the Senate. 
‘‘(2) The term ‘covered facility’ means— 
‘‘(A) a facility of the nuclear security en-
terprise; and 
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‘‘(B) a facility conducting activities for the 
defense environmental cleanup program of the 
Office of Environmental Management of the 
Department of Energy. 
‘‘(3) The term ‘covered program’ means— 
‘‘(A) programs of the Administration; and 
‘‘(B) defense environmental cleanup pro-
grams of the Office of Environmental Manage-
ment of the Department of Energy.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents at the beginning of the Atomic Energy Defense 
Act is amended by inserting after the item relating 
to section 4645 the following new item: 
‘‘Sec. 4646. Notification of nuclear criticality and non-nuclear incidents.’’. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary 
of Energy and the Administrator for Nuclear Secu-
rity shall each submit to the appropriate congres-
sional committees a report detailing any incidents 
described in paragraph (2) that occurred during the 
10-year period before the date of the report. 
(2) INCIDENTS
DESCRIBED.—An incident de-
scribed in this paragraph is any of the following inci-
dents that occurred as a result of programs of the 
National Nuclear Security Administration or defense 
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environmental cleanup programs of the Office of En-
vironmental Management of the Department of En-
ergy: 
(A) A nuclear criticality incident that re-
sulted in an injury or fatality or resulted in the 
shut-down, or partial shut-down, of a facility of 
the nuclear security enterprise or a facility con-
ducting activities for such defense environ-
mental cleanup programs. 
(B) A non-nuclear incident that results in 
serious bodily injury or fatality at such a facil-
ity. 
(3) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—In this subsection, the term ‘‘appropriate 
congressional committees’’ means— 
(A) the congressional defense committees; 
and 
(B) the Committee on Energy and Com-
merce of the House of Representatives and the 
Committee on Energy and Natural Resources of 
the Senate. 
SEC. 3142. REPORTS ON LIFETIME EXTENSION PROGRAMS. 
(a) PROTOTYPES.—The Atomic Energy Defense Act 
(50 U.S.C. 2501 et seq.) is amended by inserting after 
section 4214 the following new section: 
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‘‘SEC. 4215. REPORTS ON LIFETIME EXTENSION PROGRAMS. 
‘‘(a) REPORTS REQUIRED.—Before proceeding be-
yond phase 6.2 activities with respect to any lifetime ex-
tension program, the director of the national security lab-
oratory responsible for such program shall submit to the 
congressional defense committees a report on the lifetime 
extension option selected for such program, including— 
‘‘(1) whether such option selected is refurbish-
ment, reuse, or replacement; and 
‘‘(2) why such option was selected, including an 
assessment of the advantages and disadvantages of 
the two options not selected. 
‘‘(b) PHASE 6.2 ACTIVITIES DEFINED.—In this sec-
tion, the term ‘phase 6.2 activities’ means, with respect 
to a lifetime extension program, the phase 6.2 feasibility 
study and option down-select.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
at the beginning of the Atomic Energy Defense Act is 
amended by inserting after the item relating to section 
4214 the following new item: 
‘‘Sec. 4215. Reports on lifetime extension programs.’’. 
SEC. 3143. NATIONAL ACADEMY OF SCIENCES STUDY ON 
PEER REVIEW AND DESIGN COMPETITION 
RELATED TO NUCLEAR WEAPONS. 
(a) STUDY.—Not later than 60 days after the date 
of the enactment of this Act, the Administrator for Nu-
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clear Security shall enter into an agreement with the Na-
tional Academy of Sciences to conduct a study of peer re-
view and design competition related to nuclear weapons. 
(b) ELEMENTS.—The study required by subsection 
(a) shall include an assessment of— 
(1) the quality and effectiveness of peer review 
of designs, development plans, engineering and sci-
entific activities, and priorities related to both nu-
clear and non-nuclear aspects of nuclear weapons; 
(2) incentives for effective peer review; 
(3) the potential effectiveness, efficiency, and 
cost of alternative methods of conducting peer review 
and design competition related to both nuclear and 
non-nuclear aspects of nuclear weapons, as com-
pared to current methods; 
(4) the known instances where current peer re-
view practices and design competition succeeded or 
failed to find problems or potential problems; and 
(5) such other matters related to peer review 
and design competition related to nuclear weapons 
as the Administrator considers appropriate. 
(c) COOPERATION
AND ACCESS
TO INFORMATION 
AND PERSONNEL.—The Administrator shall ensure that 
the National Academy of Sciences receives full and timely 
cooperation, including full access to information and per-
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sonnel, from the National Nuclear Security Administra-
tion and the management and operating contractors of the 
Administration for the purposes of conducting the study 
under subsection (a). 
(d) REPORT.— 
(1) IN GENERAL.—The National Academy of 
Sciences shall submit to the Administrator a report 
containing the results of the study conducted under 
subsection (a) and any recommendations resulting 
from the study. 
(2) SUBMITTAL TO CONGRESS.—Not later than 
December 15, 2014, the Administrator shall submit 
to the Committees on Armed Services of the House 
of Representatives and Senate the report submitted 
under paragraph (1) and any comments or rec-
ommendations of the Administrator with respect to 
the report. 
(3) FORM.—The report submitted under para-
graph (1) shall be in unclassified form, but may in-
clude a classified annex. 
SEC. 
3144. 
REPORT 
ON 
DEFENSE 
NUCLEAR 
NON-
PROLIFERATION PROGRAMS. 
(a) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than March 1 of 
each year from 2013 through 2015, the Adminis-
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trator for Nuclear Security shall submit to the ap-
propriate congressional committees a report on the 
budget, objectives, and metrics of the defense nu-
clear nonproliferation programs of the National Nu-
clear Security Administration. 
(2) ELEMENTS.—The report required by para-
graph (1) shall include the following: 
(A) An identification and explanation of 
uncommitted balances that are more than the 
acceptable carryover thresholds, as determined 
by the Secretary of Energy, on a program-by- 
program basis. 
(B) An identification of foreign countries 
that are sharing the cost of implementing de-
fense nuclear nonproliferation programs, includ-
ing an explanation of such cost sharing. 
(C) A description of objectives and meas-
urements for each defense nuclear nonprolifera-
tion program. 
(D) A description of the proliferation of 
nuclear weapons threat and how each defense 
nuclear 
nonproliferation 
program 
activity 
counters the threat. 
(E) A description and assessment of non-
proliferation activities coordinated with the De-
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partment of Defense to maximize efficiency and 
avoid redundancies. 
(F) A description of how the defense nu-
clear nonproliferation programs are prioritized 
to meet the most urgent nonproliferation re-
quirements. 
(b) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
(1) the Committee on Armed Services and the 
Committee on Foreign Affairs of the House of Rep-
resentatives; and 
(2) the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate. 
(c) FORM.—The report required by subsection (a)(1) 
shall be submitted in unclassified form, but may include 
a classified annex. 
SEC. 3145. STUDY ON REUSE OF PLUTONIUM PITS. 
(a) STUDY.—Not later than 120 days after the date 
of the enactment of this Act, the Administrator for Nu-
clear Security shall submit to the congressional defense 
committees a study of plutonium pits, including— 
(1) the availability of plutonium pits— 
(A) as of the date of the report; and 
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(B) after such date as a result of the dis-
mantlement of nuclear weapons; and 
(2) an assessment of the potential for reusing 
plutonium pits in future life extension programs. 
(b) MATTERS
INCLUDED.—The study submitted 
under subsection (a) shall include the following: 
(1) The feasibility and practicability of potential 
full or partial reuse options with respect to pluto-
nium pits. 
(2) The benefits and risks of reusing plutonium 
pits. 
(3) The potential costs and cost savings of such 
reuse. 
(4) The effects of such reuse on the require-
ments for plutonium pit manufacturing. 
SEC. 3146. STUDY ON A MULTI-AGENCY GOVERNANCE 
MODEL FOR NATIONAL SECURITY LABORA-
TORIES. 
(a) INDEPENDENT ASSESSMENT.— 
(1) IN GENERAL.—The Administrator for Nu-
clear Security shall commission an independent as-
sessment regarding the transition of the national se-
curity laboratories to multi-agency federally funded 
research and development centers with direct 
sustainment and sponsorship by multiple national 
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security agencies. The assessment shall be conducted 
by an independent, non-governmental institute which 
is described in section 501(c)(3) of the Internal Rev-
enue Code of 1986 and exempt from tax under sec-
tion 501(a) of such Code, and has recognized cre-
dentials and expertise in national security science 
and engineering laboratories and with ready access 
to policy experts throughout the United States. 
(2) BACKGROUND MATERIAL.—The assessment 
shall leverage previous studies, including— 
(A) the report published in 2009 by the 
Stimson Center titled ‘‘Leveraging Science for 
Security: A Strategy for the Nuclear Weapons 
Laboratories in the 21st Century’’; and 
(B) the Phase 1 report published in 2012 
by the National Academy of Sciences titled 
‘‘Managing for High-Quality Science and Engi-
neering at the NNSA National Security labora-
tories’’. 
(3) ELEMENTS.—The assessment conducted 
pursuant to paragraph (1) shall include the fol-
lowing elements: 
(A) An assessment of a new governance 
structure that— 
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(i) gives multiple national security 
agencies, including the Department of De-
fense, the Department of Homeland Secu-
rity, the Department of Energy, and the 
intelligence community, direct sponsorship 
of the national security laboratories as fed-
erally funded research and development 
centers so that such agencies have more di-
rect and rapid access to the assets avail-
able at the laboratories and the responsi-
bility to provide sustainable support for the 
science and technology needs of the agen-
cies at the laboratories; 
(ii) reduces costs to the Federal Gov-
ernment for the use of the resources of the 
laboratories, while enhancing the steward-
ship of these national resources and maxi-
mizing their service to the nation; 
(iii) enhances the overall quality of 
the scientific research and engineering ca-
pability of the laboratories, including their 
ability to recruit and retain top scientists 
and engineers; and 
(iv) maintains as paramount the capa-
bilities required to support the nuclear 
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stockpile stewardship and related nuclear 
missions. 
(B) A recommendation as to which, if any, 
other laboratories associated with any national 
security agency should be included in the new 
governance structure. 
(C) Options for implementing the new gov-
ernance structure that minimize disruption of 
performance and costs to the government while 
rapidly achieving anticipated gains. 
(D) Legislative changes and executive ac-
tions that would need to be made in order to 
implement the new governance structure. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than January 1, 
2014, the designated private entity shall submit to 
the Administrator and the congressional defense 
committees a report that contains the findings of the 
assessment. 
(2) FORM.—The report under paragraph (1) 
shall be submitted in unclassified form, but may in-
clude a classified annex. 
(c) DEFINITION.—In this section, the term ‘‘national 
security laboratory’’ has the meaning given that term in 
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section 3281 of the National Nuclear Security Administra-
tion Act (50 U.S.C. 2471). 
Subtitle E—Other Matters 
SEC. 3151. USE OF PROBABILISTIC RISK ASSESSMENT TO 
ENSURE NUCLEAR SAFETY. 
(a) IN GENERAL.—The Atomic Energy Defense Act 
(50 U.S.C. 2501 et seq.) is amended by adding after sec-
tion 4644 the following new section: 
‘‘SEC. 4645. USE OF PROBABILISTIC RISK ASSESSMENT TO 
ENSURE NUCLEAR SAFETY OF FACILITIES OF 
THE ADMINISTRATION AND THE OFFICE OF 
ENVIRONMENTAL MANAGEMENT. 
‘‘(a) NUCLEAR SAFETY AT NNSA AND DOE FACILI-
TIES.—The Administrator and the Secretary of Energy 
shall ensure that the methods for assessing, certifying, 
and overseeing nuclear safety at the facilities specified in 
subsection (b) use national and international standards 
and nuclear industry best practices, including probabilistic 
or quantitative risk assessment if sufficient data exists. 
‘‘(b) FACILITIES SPECIFIED.—Subsection (a) shall 
apply— 
‘‘(1) to the Administrator with respect to the 
national security laboratories and the nuclear weap-
ons production facilities; and 
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‘‘(2) to the Secretary of Energy with respect to 
defense nuclear facilities of the Office of Environ-
mental Management of the Department of Energy.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
at the beginning of the Atomic Energy Defense Act is 
amended by inserting after the item relating to section 
4644 the following new item: 
‘‘Sec. 4645. Use of probabilistic risk assessment to ensure nuclear safety of fa-
cilities of the Administration and the Office of Environmental 
Management.’’. 
SEC. 3152. ADVICE TO PRESIDENT AND CONGRESS REGARD-
ING SAFETY, SECURITY, AND RELIABILITY OF 
UNITED STATES NUCLEAR WEAPONS STOCK-
PILE AND NUCLEAR FORCES. 
(a) IN GENERAL.—Section 1305 of the National De-
fense Authorization Act for Fiscal Year 1998 (42 U.S.C. 
7274p) is— 
(1) transferred to the Atomic Energy Defense 
Act (50 U.S.C. 2501 et seq.); 
(2) inserted after section 4215 of such Act, as 
added by section 3142(a); 
(3) redesignated as section 4216; and 
(4) amended— 
(A) by amending subsection (f) to read as 
follows: 
‘‘(f) EXPRESSION OF INDIVIDUAL VIEWS.—No indi-
vidual, including representatives of the President, may 
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take any action against, or otherwise constrain, a director 
of a national security laboratory or a nuclear weapons pro-
duction facility, a member of the Joint Nuclear Weapons 
Council, or the Commander of United States Strategic 
Command from presenting the professional views of the 
individual to the President, the National Security Council, 
or Congress regarding— 
‘‘(1) the safety, security, reliability, or credi-
bility of the nuclear weapons stockpile and nuclear 
forces; or 
‘‘(2) the status of, and plans for, the capabili-
ties and infrastructure that support and sustain the 
nuclear weapons stockpile and nuclear forces.’’; and 
(B) by redesignating subsection (g) as sub-
section (h); and 
(C) by inserting after subsection (f) the 
following new subsection (g): 
‘‘(g) DELIVERY OF CLASSIFIED INFORMATION TO 
CONGRESS.—(1) The directors of the national security 
laboratories, the directors of the nuclear weapons produc-
tion facilities, the members of the Joint Nuclear Weapons 
Council, and the Commander of the United States Stra-
tegic Command are each authorized to provide directly to 
Congress classified information with respect to matters de-
scribed by paragraph (1) or (2) of subsection (f). 
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‘‘(2) The Administrator and Secretary of Defense 
shall ensure that direct classified mail channels are estab-
lished between the national security laboratories, nuclear 
weapons production facilities, members of the Joint Nu-
clear Weapons Council, the United States Strategic Com-
mand, and the congressional defense committees to carry 
out this subsection.’’. 
(b) CONFORMING AMENDMENT.—Section 4215 of the 
Atomic Energy Defense Act, as added by subsection (a), 
is amended— 
(1) by striking ‘‘nuclear weapons laboratories’’ 
each place it appears and inserting ‘‘national secu-
rity laboratories’’; 
(2) by striking ‘‘nuclear weapons laboratory’’ 
each place it appears and inserting ‘‘national secu-
rity laboratory’’; 
(3) by striking ‘‘nuclear weapons production 
plants’’ each place it appears and inserting ‘‘nuclear 
weapons production facilities’’; 
(4) by striking ‘‘nuclear weapons production 
plant’’ each place it appears and inserting ‘‘nuclear 
weapons production facility’’; and 
(5) by amending subsection (h), as redesignated 
by subsection (a)(4)(B), to read as follows: 
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‘‘(h) REPRESENTATIVE
OF
THE PRESIDENT DE-
FINED.—In this section, the term ‘representative of the 
President’ means the following: 
‘‘(1) Any official of the Department of Defense 
or the Department of Energy who is appointed by 
the President and confirmed by the Senate. 
‘‘(2) Any member or official of the National Se-
curity Council. 
‘‘(3) Any member or official of the Joint Chiefs 
of Staff. 
‘‘(4) Any official of the Office of Management 
and Budget.’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
at the beginning of the Atomic Energy Defense Act is 
amended by inserting after the item relating to section 
4215 the following new item: 
‘‘Sec. 4216. Advice to President and Congress regarding safety, security, and 
reliability of United States nuclear weapons stockpile.’’. 
SEC. 3153. CLASSIFICATION OF CERTAIN RESTRICTED 
DATA. 
Section 142 of the Atomic Energy Act of 1954 (42 
U.S.C. 2162) is amended— 
(1) in subsection d.— 
(A) by inserting ‘‘(1)’’ before ‘‘The Com-
mission’’; and 
(B) by adding at the end the following: 
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‘‘(2) The Commission may restore to the Restricted 
Data category information related to the design of nuclear 
weapons (in this subsection referred to as ‘design informa-
tion’) removed under paragraph (1) if the Commission and 
the Department of Defense jointly determines that— 
‘‘(A) the programmatic requirements that 
caused the design information to be removed from 
the Restricted Data category are no longer applica-
ble or have diminished; 
‘‘(B) the design information would be more ap-
propriately protected as Restricted Data; and 
‘‘(C) restoring the design information to the 
Restricted Data category is in the interest of na-
tional security. 
‘‘(3) In carrying out paragraph (2), design informa-
tion shall be restored to the Restricted Data category in 
accordance with regulations implemented pursuant to this 
section.’’; and 
(2) in subsection e.— 
(A) by inserting ‘‘(1)’’ before ‘‘The Com-
mission’’; 
(B) by striking ‘‘Central’’ and inserting 
‘‘National’’; and 
(C) by adding at the end the following: 
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‘‘(2) The Commission may restore to the Restricted 
Data category information related to foreign nuclear pro-
grams (in this subsection referred to as ‘foreign nuclear 
information’) removed under paragraph (1) if the Com-
mission and the Director of National Intelligence jointly 
determine that— 
‘‘(A) the programmatic requirements that 
caused the foreign nuclear information to be re-
moved from the Restricted Data category are no 
longer applicable or have diminished; 
‘‘(B) the foreign nuclear information would be 
more appropriately protected as Restricted Data; 
and 
‘‘(C) restoring the foreign nuclear information 
to the Restricted Data category is in the interest of 
national security. 
‘‘(3) In carrying out paragraph (2), foreign nuclear 
information shall be restored to the Restricted Data cat-
egory in accordance with regulations implemented pursu-
ant to this section.’’. 
SEC. 3154. INDEPENDENT COST ASSESSMENTS FOR LIFE 
EXTENSION PROGRAMS, NEW NUCLEAR FA-
CILITIES, AND OTHER MATTERS. 
(a) COST ASSESSMENT.—To inform the decisions 
made by the Nuclear Weapons Council established by sec-
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tion 179 of title 10, United States Code, the Secretary 
of Defense, acting through the Director of Cost Assess-
ment and Program Evaluation and in coordination with 
the Administrator for Nuclear Security, shall assess the 
cost of options and alternatives for— 
(1) new nuclear weapon life extension pro-
grams; and 
(2) new nuclear facilities within the nuclear se-
curity enterprise that are estimated to cost more 
than $500,000,000. 
(b) REPORT.—Not later than 30 days after the date 
on which each assessment conducted under subsection (a) 
is completed, the Administrator for Nuclear Security and 
the Secretary of Defense shall jointly submit to the con-
gressional defense committees a report containing the re-
sults of such assessment. 
(c) FORM.—The report required under subsection (b) 
shall be submitted in unclassified form, but may include 
a classified annex. 
(d) AUTHORITY
FOR FURTHER ASSESSMENTS.— 
Upon the request of the Administrator for Nuclear Secu-
rity, the Secretary of Defense, acting through the Director 
of Cost Assessment and Program Evaluation and in con-
sultation with the Administrator, may conduct a cost as-
sessment of any initiative of the National Nuclear Security 
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Administration that is estimated to cost more than 
$500,000,000. 
SEC. 3155. ASSESSMENT OF NUCLEAR WEAPON PIT PRO-
DUCTION REQUIREMENT. 
(a) ASSESSMENT.—The Secretary of Defense and the 
Secretary of Energy, in coordination with the Commander 
of the United States Strategic Command, shall jointly as-
sess the annual plutonium pit production requirement 
needed to sustain a safe, secure, and reliable nuclear 
weapon arsenal. 
(b) REPORTS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense and the Secretary of Energy shall 
jointly submit to the congressional defense commit-
tees a report regarding the assessment conducted 
under section (a), including— 
(A) an explanation of the rationale and as-
sumptions that led to the current 50 to 80 plu-
tonium pit production requirement, including 
the factors considered in determining such re-
quirement; 
(B) an analysis of whether there are any 
changes to the current 50 to 80 plutonium pit 
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production requirement, including the reasons 
for any such changes; 
(C) the implications for national security, 
for maintaining the nuclear weapons stockpile 
(including the impact on options available for 
life extension programs), and for costs of hav-
ing pit production capacity at— 
(i) 10 to 20 pits per year; 
(ii) 20 to 30 pits per year; 
(iii) 30 to 50 pits per year; and 
(iv) 50 to 80 pits per year; and 
(D) the implications of various pit produc-
tion capacities on the requirements for the nu-
clear weapon hedge or reserve forces of the 
United States. 
(2) UPDATE.—If the report under paragraph 
(1) does not incorporate the results of the Nuclear 
Posture Review Implementation Study, the Sec-
retary of Defense and the Secretary of Energy, in 
coordination with the Commander of the United 
States Strategic Command, shall jointly submit to 
the congressional defense committees an update to 
the report under paragraph (1) that incorporates the 
results of such study by not later than 90 days after 
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the date on which such committees receive such 
study. 
(c) FORM.—The reports under paragraphs (1) and 
(2) of subsection (b) shall be submitted in unclassified 
form, but may include a classified annex. 
SEC. 3156. INTELLECTUAL PROPERTY RELATED TO URA-
NIUM ENRICHMENT. 
(a) IN GENERAL.—Subject to subsection (b), of the 
funds authorized to be appropriated by this Act or other-
wise made available for fiscal year 2013 for defense nu-
clear nonproliferation, the Secretary of Energy may make 
available not more than $150,000,000 for the development 
and demonstration of domestic national-security-related 
enrichment technologies as provided in subsection (c). 
(b) CERTIFICATION.—Not later than 30 days before 
the date on which the Secretary makes an amount avail-
able under subsection (a), the Secretary shall submit to 
the congressional defense committees— 
(1) written certification that such amount is 
needed for national security purposes; and 
(2) a description of such purposes. 
(c) ADMINISTRATION.—An amount made available by 
the Secretary under subsection (a) shall be used to pro-
vide, directly or indirectly, Federal funds, resources, or 
other assistance for the research, development, or deploy-
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ment of domestic national-security-related enrichment 
technology, subject to the following requirements: 
(1) The Secretary shall provide such assistance 
using merit selection procedures. 
(2) The Secretary may provide such assistance 
only if the Secretary executes an agreement with the 
recipient (or any affiliate, successor, or assignee) of 
such funds, resources, or other assistance (in this 
section referred to as the ‘‘recipient’’) that re-
quires— 
(A) the achievement of specific technical 
criteria by the recipient by specific dates not 
later than June 30, 2014; 
(B) that the recipient— 
(i) immediately upon execution of the 
agreement, grant to the United States for 
use by or on behalf of the United States, 
through the Secretary, a royalty-free, non- 
exclusive license in all enrichment-related 
intellectual property and associated tech-
nical data owned, licensed, or otherwise 
controlled by the recipient as of the date of 
the enactment of this Act, or thereafter de-
veloped or acquired to meet the require-
ments of the agreement; 
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(ii) amend any existing agreement be-
tween the Secretary and the recipient to 
permit the Secretary to use or permit third 
parties on behalf of the Secretary to use 
intellectual property and associated tech-
nical data related to the award of funds, 
resources, or other assistance royalty-free 
for Government purposes, including com-
pleting or operating enrichment tech-
nologies and using them for national de-
fense purposes, including providing nuclear 
material to operate commercial nuclear 
power reactors for tritium production; and 
(iii) as soon as practicable, deliver to 
the Secretary all technical information and 
other documentation in its possession or 
control necessary to permit the Secretary 
to use all intellectual property related to 
domestic enrichment technologies described 
in this subparagraph; and 
(C) any other condition or restriction the 
Secretary determines necessary to protect the 
interests of the United States. 
(d) CONTROL OF PROPERTY.—If the Secretary deter-
mines that a recipient has not achieved the technical cri-
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teria required under an agreement under subsection (c)(2) 
by the date specified pursuant to subparagraph (A) of 
such subsection, the recipient shall, as soon as practicable, 
surrender custody, possession, and control, or return, as 
appropriate, any real or personal property owned or leased 
by the recipient, to the Secretary in connection with the 
deployment of enrichment technology, along with all cap-
ital improvements, equipment, fixtures, appurtenances, 
and other improvements thereto, and any further obliga-
tion by the Secretary under any such lease shall terminate. 
(e) APPLICATION OF REQUIREMENTS.—The limita-
tions and requirements in this section shall apply to funds 
authorized to be appropriated by this Act or otherwise 
made available for fiscal year 2013 or any fiscal year 
thereafter for the development and demonstration of do-
mestic national security-related enrichment technology. 
(f) EXCEPTION.—Subsections (c) and (d) shall not 
apply with respect to the issuance of any loan guarantee 
pursuant to section 1703 of the Energy Policy Act of 2005 
(42 U.S.C. 16513). 
SEC. 3157. SENSE OF CONGRESS ON COMPETITION AND 
FEES RELATED TO THE MANAGEMENT AND 
OPERATING CONTRACTS OF THE NUCLEAR 
SECURITY ENTERPRISE. 
It is the sense of Congress that— 
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(1) in the past decade, competition of the man-
agement and operating contracts for the national se-
curity laboratories has resulted in significant in-
creases in fees paid to the contractors—funding that 
otherwise could be used to support program and 
mission activities of the National Nuclear Security 
Administration; 
(2) competition of the management and oper-
ating contracts of the nuclear security enterprise is 
an important mechanism to help realize cost savings, 
seek efficiencies, improve performance, and hold con-
tractors accountable; 
(3) when the Administrator for Nuclear Secu-
rity considers it appropriate to achieve these goals, 
the Administrator should conduct competition of 
these contracts while recognizing the unique nature 
of federally funded research and development cen-
ters; and 
(4) the Administrator should ensure that fixed 
fees and performance-based fees contained in man-
agement and operating contracts are as low as pos-
sible to maintain a focus on national service while 
attracting high-quality contractors and achieving the 
goals of the competition. 
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SEC. 3158. PILOT PROGRAM ON TECHNOLOGY COMMER-
CIALIZATION. 
(a) PILOT PROGRAM.—The Secretary of Energy, in 
consultation with the Technology Transfer Coordinator 
appointed under section 1001(a) of the Energy Policy Act 
of 2005 (42 U.S.C. 16391(a)), may carry out a competi-
tively awarded pilot program involving one non-profit enti-
ty and a national laboratory within the National Nuclear 
Security Administration for the purpose of accelerating 
technology transfer from national laboratories to the mar-
ketplace. 
(b) SELECTION OF ENTITY AND NATIONAL LABORA-
TORY.—In carrying out a pilot program under subsection 
(a), the Secretary of Energy and the Technology Transfer 
Coordinator shall jointly select a non-profit entity and a 
national laboratory for the purpose of carrying out the 
pilot program under this section. In making such selec-
tions, the Secretary and Coordinator shall consider each 
of the following: 
(1) A commitment to participate made by a na-
tional laboratory within the National Nuclear Secu-
rity Administration being considered for selection. 
(2) The availability of technologies, licenses, in-
tellectual property, and other matters at a national 
laboratory being considered for selection. 
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(c) PROGRAM ELEMENTS.—The pilot program shall 
be carried out as follows: 
(1) Under the pilot program, the Secretary and 
the Coordinator shall evaluate and validate the per-
formance of technology transfer activities at the se-
lected laboratory. 
(2) The pilot program shall involve collabora-
tion with other offices and agencies within the De-
partment of Energy and the National Nuclear Secu-
rity Administration. 
(3) Under the pilot program, the non-profit en-
tity selected to carry out the pilot program shall 
work to create business startups and increase the 
number of cooperative research and development 
agreements and sponsored research projects at the 
selected laboratory. The non-profit entity shall work 
with interested businesses in identifying appropriate 
technologies at the national laboratory and facili-
tating the commercialization process. 
(4) The Secretary of Energy and the Coordi-
nator shall use the results of the pilot program as 
the basis for informing key performance parameters 
and strategies that could be implemented in various 
national laboratories across the country. 
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(d) DURATION.—A pilot program carried out under 
subsection (a) shall be not more than two years in dura-
tion. 
(e) REPORTS.— 
(1) INITIAL REPORTS.—Not later than one year 
after the date on which a pilot program under sub-
section (a) begins, the Secretary of Energy shall 
submit to the Committees on Armed Services of the 
Senate and House of Representatives, the Com-
mittee on Science and Technology in the House of 
Representatives, and the Committee on Commerce, 
Science and Transportation in the Senate, a report 
that provides an update on the implementation of 
the pilot program under this section, including an 
identification of the selected non-profit entity and 
national laboratory. 
(2) FINAL REPORT.—Not later than 90 days 
after the completion of the pilot program, the Sec-
retary shall submit to the Committees on Armed 
Services of the Senate and House of Representa-
tives, the Committee on Science and Technology in 
the House of Representatives, and the Committee on 
Commerce, Science and Transportation of the Sen-
ate a report on the pilot program, including any 
findings and recommendations of the Secretary. The 
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non-profit entity shall submit a report detailing its 
experiences working with the laboratory and submit 
recommendations for improvement of technology 
commercialization. 
(f) DEFINITIONS.—In this section, the term ‘‘na-
tional laboratory’’ means— 
(1) a national laboratory (as defined in section 
2 of the Energy Policy Act of 2005 (42 U.S.C. 
15801)); or 
(2) a national security laboratory (as defined in 
section 3281 of the National Nuclear Security Ad-
ministration Act (50 U.S.C. 2471)). 
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY 
BOARD 
SEC. 3201. AUTHORIZATION. 
There is authorized to be appropriated for fiscal year 
2013 $31,415,000 for the operation of the Defense Nu-
clear Facilities Safety Board under chapter 21 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 
SEC. 3202. IMPROVEMENTS TO THE DEFENSE NUCLEAR FA-
CILITIES SAFETY BOARD. 
(a) ESTABLISHMENT.—Section 311 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2286) is amended— 
(1) in subsection (b)— 
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(A) in paragraph (3), by striking ‘‘Energy 
or any contractor of the Department of En-
ergy’’ and inserting ‘‘Energy, the National Nu-
clear Security Administration, or any contractor 
of the Department or Administration’’; and 
(B) by striking paragraph (4); 
(2) in subsection (c)— 
(A) in the heading, by striking ‘‘AND VICE 
CHAIRMAN’’ and inserting ‘‘, VICE CHAIRMAN, 
AND MEMBERS’’; 
(B) in paragraph (2), by striking ‘‘The 
Chairman’’ and inserting ‘‘In accordance with 
paragraphs (5) and (6), the Chairman’’; and 
(C) by adding at the end the following new 
paragraphs: 
‘‘(5) Each member of the Board, including the Chair-
man and Vice Chairman, shall— 
‘‘(A) have equal responsibility and authority in 
establishing decisions and determining actions of the 
Board regarding recommendations, budgets, senior 
staff, hearings and witnesses, investigations, sub-
poenas, and setting policies and regulations gov-
erning operations of the Board; 
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‘‘(B) have full, simultaneous access to all infor-
mation relating to the performance of the Board’s 
functions, powers, and mission; and 
‘‘(C) have one vote. 
‘‘(6) Any member of the Board may propose an indi-
vidual to be appointed to a senior staff position of the 
Board and require a determination by the Board under 
paragraph (5)(A) on whether such individual shall be ap-
pointed.’’; 
(3) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘Except 
as provided under paragraph (2), the’’ and in-
serting ‘‘The’’; 
(B) by striking paragraph (2); and 
(C) by redesignating paragraph (3) as 
paragraph (2); and 
(4) by amending subsection (e) to read as fol-
lows: 
‘‘(e) QUORUM.—(1) Three members of the Board 
shall constitute a quorum. 
‘‘(2) A quorum shall be required to take the actions 
of the Board described in subsection (c)(5)(A).’’. 
(b) MISSION AND FUNCTIONS.— 
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(1) IN GENERAL.—Section 312 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2286a) is amend-
ed— 
(A) in the heading, by inserting ‘‘MISSION 
AND’’ before ‘‘FUNCTIONS’’; 
(B) by redesignating subsections (a) and 
(b) as subsections (b) and (c), respectively; 
(C) by inserting before subsection (b), as 
so redesignated, the following new subsection 
(a): 
‘‘(a) MISSION.—The mission of the Board shall be 
to provide independent analysis, advice, and recommenda-
tions to the Secretary of Energy to ensure the adequate 
protection of public health and safety at defense nuclear 
facilities of the Department of Energy. Such analysis, ad-
vice, and recommendations shall be based upon risk when-
ever sufficient data exists.’’; 
(D) in subsection (b), as so redesignated— 
(i) in the heading, by striking ‘‘IN 
GENERAL’’ and inserting ‘‘FUNCTIONS’’; 
and 
(ii) in paragraph (5)— 
(I) by inserting ‘‘, and specifi-
cally assess risk (whenever sufficient 
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data exists),’’ after ‘‘shall consider’’; 
and 
(II) by inserting ‘‘, the costs and 
benefits, and the practicability’’ after 
‘‘economic feasibility’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for the Atomic Energy Act of 1954 is amended 
by striking the item relating to section 312 and in-
serting the following new item: 
‘‘Sec. 312. Mission and functions of the board.’’. 
(c) POWERS.—Section 313 of the Atomic Energy Act 
of 1954 (42 U.S.C. 2286b) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘or a 
member authorized by the Board’’; and 
(B) in paragraph (2)(A), by striking the 
first sentence and inserting the following: ‘‘Sub-
poenas may be issued only with the approval of 
a majority of the members of the Board and 
shall be served by any person designated by the 
Chairman, any member, or any person as other-
wise provided by law.’’; and 
(2) in subsection (b), by adding at the end the 
following new paragraph: 
‘‘(3) Of the funds appropriated to the Board to carry 
out this chapter, each member of the Board, other than 
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the Chairman, may employ at least one technical advisor 
to serve in the immediate office of the member to provide 
assistance to the member in carrying out the responsibil-
ities of the member under this chapter. If employed in the 
immediate office of a member, such advisor shall report 
to 
such 
member 
and, 
notwithstanding 
section 
311(c)(2)(A), may not be subject to the appointment, di-
rection, or supervision of the Chairman.’’; and 
(3) in subsection (j)(2), by striking ‘‘section 
312(1)’’ and inserting ‘‘section 312(b)(1)’’. 
(d) BOARD RECOMMENDATIONS.—Section 315 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2286d) is amended 
to read as follows: 
‘‘SEC. 315. BOARD RECOMMENDATIONS. 
‘‘(a) DRAFTS AND SUBMISSION OF RECOMMENDA-
TIONS.—(1) Subject to subsections (f) and (g), the Board 
shall submit to the Secretary of Energy a draft of any 
recommendations under section 312 and any related find-
ings, supporting data, and analyses before the date on 
which such recommendations are finalized. 
‘‘(2) The Secretary may provide to the Board com-
ments on the recommendations not later than 45 days 
after the date on which the Secretary receives the draft 
submission of the Board under paragraph (1). The Board 
may grant, upon request by the Secretary, not more than 
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an additional 30 days for the Secretary to submit com-
ments to the Board. 
‘‘(3) After the period of time in which the Secretary 
may provide recommendations under paragraph (2) 
elapses, the Board may publish in the Federal Register 
either the original or a revised version of the recommenda-
tions based on the comments of the Secretary, together 
with a request for the submission to the Board of public 
comments on such recommendations. Interested persons 
shall have 30 days after the date of publication in which 
to submit comments, data, views, or arguments to the 
Board concerning the recommendations. The Board shall 
furnish the Secretary with copies of all comments, data, 
views, and arguments submitted to it under this para-
graph. 
‘‘(b) DISPOSITION OF RECOMMENDATIONS.—(1) Not 
later than 60 days after publication of the recommenda-
tions under subsection (a)(3), the Secretary of Energy 
shall publish in the Federal Register and transmit to the 
Board, in writing, a statement of the final decision of the 
Secretary with respect to whether the Secretary accepts 
or rejects, in whole or in part, such recommendations, in-
cluding a description of any actions to be taken in re-
sponse to the recommendations, any expected schedule, 
cost, technical, or program impacts of such recommenda-
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tions, and the views of the Secretary regarding such rec-
ommendations. The Board may grant, upon request by the 
Secretary, not more than an additional 30 days for the 
Secretary to transmit such statement to the Board. 
‘‘(2) The Board may hold hearings for the purpose 
of obtaining public comments on its recommendations and 
the disposition of such recommendations by the Secretary 
of Energy. 
‘‘(c) REJECTION
OF RECOMMENDATIONS.—If the 
Secretary of Energy, in a statement under subsection 
(b)(1), rejects (in whole or part) any recommendation 
made by the Board under subsection (a), the Board may 
transmit to the Secretary and the Committees on Armed 
Services and Appropriations of the Senate and the House 
of Representatives a letter describing the views and per-
spectives of the Board regarding the Secretary’s disposi-
tion of the Board’s recommendations. 
‘‘(d) IMPLEMENTATION PLAN.—The Secretary of En-
ergy shall prepare a plan for the implementation of each 
Board recommendation, or part of a recommendation, that 
is accepted by the Secretary in the statement under sub-
section (b)(1). Not later than 120 days after the date on 
which such statement is published, the Secretary shall 
transmit to the Board such implementation plan. The Sec-
retary may implement any such recommendation (or part 
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of any such recommendation) before, on, or after the date 
on which the Secretary transmits the implementation plan 
to the Board under this subsection. 
‘‘(e) IMPLEMENTATION.—(1) Subject to paragraph 
(2), not later than one year after the date on which the 
Secretary of Energy transmits an implementation plan 
with respect to a recommendation (or part thereof) under 
subsection (d), the Secretary shall carry out and complete 
the implementation plan. If complete implementation of 
the plan takes more than one year, the Secretary of En-
ergy shall submit a report to the Committees on Armed 
Services and on Appropriations of the Senate and the 
House of Representatives setting forth the reasons for the 
delay and when implementation will be completed. 
‘‘(2) If the Secretary of Energy determines that the 
implementation of a Board recommendation (or part 
thereof) is impracticable because of budgetary consider-
ations, or that the implementation would affect the Sec-
retary’s ability to meet the annual nuclear weapons stock-
pile requirements established pursuant to section 91 of 
this Act, the Secretary shall submit to the President and 
the Committees on Armed Services and Appropriations of 
the Senate and the House of Representatives a report con-
taining the recommendation and the Secretary’s deter-
mination. 
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‘‘(f) IMMINENT OR SEVERE THREAT.—(1) In any 
case in which the Board determines that a recommenda-
tion submitted to the Secretary of Energy under section 
312 relates to an imminent or severe threat to public 
health and safety, the Board and the Secretary of Energy 
shall proceed under this subsection in lieu of subsections 
(a) and (b). 
‘‘(2) The Board shall transmit to the President, the 
Secretary of Defense, and the Secretary of Energy a rec-
ommendation relating to an imminent or severe threat to 
public health and safety. Not later than 15 days after the 
date on which such recommendation is received, the Sec-
retary of Energy shall submit the comments and views of 
the Secretary to the President. The President shall review 
such comments and views and shall make the decision con-
cerning the acceptance or rejection of the Board’s rec-
ommendation. 
‘‘(3) After receipt by the President of the rec-
ommendation from the Board under this subsection, the 
Board shall promptly make such recommendation avail-
able to the public and shall submit such recommendation 
to the Committees on Armed Services and Appropriations 
of the Senate and the House of Representatives. The 
President shall promptly notify such committees of the de-
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cision made by the President under paragraph (2) and the 
reasons for that decision. 
‘‘(g) LIMITATION.—Notwithstanding any other provi-
sion of this section, the requirements to make information 
available to the public under this section— 
‘‘(1) shall not apply in the case of information 
that is classified; and 
‘‘(2) shall be subject to the orders and regula-
tions issued by the Secretary of Energy under sec-
tions 147 and 148 of this Act to prohibit dissemina-
tion of certain information.’’. 
(e) REPORTS.—Section 316 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2286e) is amended by striking 
‘‘to the Speaker of’’ each place it appears. 
(f) INFORMATION TO CONGRESS.—Section 320 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2286h–1) is 
amended by striking ‘‘the Congress’’ and inserting ‘‘Com-
mittees on Armed Services and Appropriations of the Sen-
ate and the House of Representatives’’. 
(g) INSPECTOR GENERAL.—Chapter 21 of the Atom-
ic Energy Act of 1954 (42 U.S.C. 2286 et seq.) is amend-
ed by adding at the end the following new section: 
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‘‘SEC. 322. INSPECTOR GENERAL. 
‘‘The Board shall enter into an agreement with an 
agency of the Federal Government to procure the services 
of the Inspector General of such agency for the Board.’’. 
(h) SAFETY STANDARDS.—Nothing in this section 
nor in the amendments made by this section shall be con-
strued to cause a reduction in nuclear safety standards. 
TITLE XXXIV—NAVAL 
PETROLEUM RESERVES 
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 
(a) AMOUNT.—There are hereby authorized to be ap-
propriated to the Secretary of Energy $14,909,000 for fis-
cal year 2013 for the purpose of carrying out activities 
under chapter 641 of title 10, United States Code, relating 
to the naval petroleum reserves. 
(b) PERIOD OF AVAILABILITY.—Funds appropriated 
pursuant to the authorization of appropriations in sub-
section (a) shall remain available until expended. 
TITLE XXXV—MARITIME 
ADMINISTRATION 
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR NA-
TIONAL SECURITY ASPECTS OF THE MER-
CHANT MARINE FOR FISCAL YEAR 2013. 
Funds are hereby authorized to be appropriated for 
fiscal year 2013, to be available without fiscal year limita-
tion if so provided in appropriations Acts, for the use of 
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(4) For expenses to maintain and preserve a 
United States-flag merchant marine to serve the na-
tional security needs of the United States under 
chapter 531 of title 46, United States Code, 
$186,000,000. 
(5) For the cost (as defined in section 502(5) 
of the Federal Credit Reform Act of 1990 (2 U.S.C. 
6661a(5)) of loan guarantees under the program au-
thorized by chapter 537 of title 46, United States 
Code, $3,750,000, all of which shall remain available 
until expended for administrative expenses of the 
program. 
SEC. 3502. APPLICATION OF THE FEDERAL ACQUISITION 
REGULATION. 
Section 3502(b) of the Floyd D. Spence National De-
fense Authorization Act for Fiscal Year 2001, as enacted 
into law by Public Law 106–398 (114 Stat. 1645A–490), 
is amended by striking ‘‘the enactment of this Act’’ and 
inserting ‘‘contract award’’. 
SEC. 3503. LIMITATION OF NATIONAL DEFENSE RESERVE 
FLEET VESSELS TO THOSE OVER 1,500 GROSS 
TONS. 
Section 57101(a) of title 46, United States Code, is 
amended by inserting ‘‘of 1,500 gross tons or more or such 
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other vessels as the Secretary of Transportation shall de-
termine are appropriate’’ after ‘‘Administration’’. 
SEC. 3504. DONATION OF EXCESS FUEL TO MARITIME 
ACADEMIES. 
Section 51103(b)(1) of title 46, United States Code, 
is amended by striking so much as precedes paragraph 
(2) and inserting the following: 
‘‘(b) PROPERTY FOR INSTRUCTIONAL PURPOSES.— 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation may cooperate with and assist the institutions 
named in paragraph (2) by making vessels, fuel, 
shipboard equipment, and other marine equipment, 
owned by the United States Government and deter-
mined by the entity having custody and control of 
such property to be excess or surplus, available to 
those institutions for instructional purposes, by gift, 
loan, sale, lease, or charter on terms and conditions 
the Secretary considers appropriate. The consent of 
the Secretary of Navy shall be obtained with respect 
to any property from National Defense Reserve 
Fleet vessels, 50 U.S.C. App. 1744, where such ves-
sels are either Ready Reserve Force vessels or other 
National Defense Reserve Fleet vessels determined 
to be of sufficient value to the Navy to warrant their 
further preservation and retention.’’. 
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SEC. 3505. CLARIFICATION OF HEADING. 
(a) IN GENERAL.—The heading of section 57103 of 
title 46, United States Code, is amended to read as fol-
lows: 
‘‘§ 57103. Donation of nonretention vessels in the na-
tional defense reserve fleet’’. 
(b) CONFORMING AMENDMENT.—The item relating 
to section 57103 in the analysis of chapter 571 of such 
title is amended to read as follows: 
‘‘57103. Donation of nonretention vessels in the national defense reserve fleet.’’. 
SEC. 3506. TRANSFER OF VESSELS TO THE NATIONAL DE-
FENSE RESERVE FLEET. 
Section 57101 of title 46, United States Code, is 
amended by adding at the end the following: 
‘‘(c) AUTHORITY OF FEDERAL ENTITIES TO TRANS-
FER VESSELS.—All Federal entities are authorized to 
transfer vessels to the National Defense Reserve Fleet 
without reimbursement subject to the approval of the Sec-
retary of Transportation and the Secretary of the Navy 
with respect to Ready Reserve Force vessels and the Sec-
retary of Transportation with respect to all other vessels.’’. 
SEC. 3507. AMENDMENTS RELATING TO THE NATIONAL DE-
FENSE RESERVE FLEET. 
Subparagraphs (B), (C), and (D) of sections 11(c)(1) 
of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 
1744(c)(1)) are amended to read as follows: 
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‘‘(B) activate and conduct sea trials on 
each vessel at a frequency that is deemed nec-
essary; 
‘‘(C) maintain and adequately crew, as 
necessary, in an enhanced readiness status 
those vessels that are scheduled to be activated 
in 5 or less days; 
‘‘(D) locate those vessels that are sched-
uled to be activated near embarkation ports 
specified for those vessels; and’’. 
SEC. 3508. EXTENSION OF MARITIME SECURITY FLEET PRO-
GRAM. 
(a) Section 53101 of title 46, United States Code, 
is amended— 
(1) by amending paragraph (4) to read as fol-
lows: 
‘‘(4) FOREIGN COMMERCE.—The term foreign 
commerce means— 
‘‘(A) commerce or trade between the 
United States, its territories or possessions, or 
the District of Columbia, and a foreign country; 
and 
‘‘(B) commerce or trade between foreign 
countries.’’; 
(2) by striking paragraph (5); 
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(3) by redesignating paragraphs (6) through 
(13) as paragraphs (5) through (12), respectively; 
and 
(4) by amending paragraph (5), as so redesig-
nated, to read as follows: 
‘‘(5) PARTICIPATING
FLEET
VESSEL.—The 
term participating fleet vessel means any vessel 
that— 
‘‘(A) on October 1, 2015— 
‘‘(i) meets the requirements of para-
graph (1), (2), (3), or (4) of section 
53102(c); and 
‘‘(ii) is less than 20 years of age if the 
vessel is a tank vessel, or is less than 25 
years of age for all other vessel types; and 
‘‘(B) on December 31, 2014, is covered by 
an operating agreement under this chapter.’’. 
(b) Section 53102(b) of such title is amended to read 
as follows: 
‘‘(b) VESSEL ELIGIBILITY.—A vessel is eligible to be 
included in the Fleet if— 
‘‘(1) the vessel meets the requirements of para-
graph (1), (2), (3), or (4) of subsection (c); 
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‘‘(2) the vessel is operated (or in the case of a 
vessel to be constructed, will be operated) in pro-
viding transportation in foreign commerce; 
‘‘(3) the vessel is self-propelled and— 
‘‘(A) is a tank vessel that is 10 years of 
age or less on the date the vessel is included in 
the Fleet; or 
‘‘(B) is any other type of vessel that is 15 
years of age or less on the date the vessel is in-
cluded in the Fleet; 
‘‘(4) the vessel— 
‘‘(A) is suitable for use by the United 
States for national defense or military purposes 
in time of war or national emergency, as deter-
mined by the Secretary of Defense; and 
‘‘(B) is commercially viable, as determined 
by the Secretary; and 
‘‘(5) the vessel— 
‘‘(A) is a United States-documented vessel; 
or 
‘‘(B) is not a United States-documented 
vessel, but— 
‘‘(i) the owner of the vessel has dem-
onstrated an intent to have the vessel doc-
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umented under chapter 121 of this title if 
it is included in the Fleet; and 
‘‘(ii) at the time an operating agree-
ment for the vessel is entered into under 
this chapter, the vessel is eligible for docu-
mentation under chapter 121 of this 
title.’’. 
(c) Section 53103 of such title is amended— 
(1) by amending subsection (b) to read as fol-
lows: 
‘‘(b) EXTENSION OF EXISTING OPERATING AGREE-
MENTS.— 
‘‘(1) OFFER TO EXTEND.—Not later than 60 
days after the date of enactment of this paragraph, 
the Secretary shall offer, to an existing contractor, 
to extend, through September 30, 2025, an oper-
ating agreement that is in existence on the date of 
enactment of this paragraph. The terms and condi-
tions of the extended operating agreement shall in-
clude terms and conditions authorized under this 
chapter, as amended from time to time. 
‘‘(2) TIME LIMIT.—An existing contractor shall 
have not later than 120 days after the date the Sec-
retary offers to extend an operating agreement to 
agree to the extended operating agreement. 
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‘‘(3) SUBSEQUENT
AWARD.—The Secretary 
may award an operating agreement to an applicant 
that is eligible to enter into an operating agreement 
for fiscal years 2016 through 2025 if the existing 
contractor does not agree to the extended operating 
agreement under paragraph (2).’’; and 
(2) by amending subsection (c) to read as fol-
lows: 
‘‘(c) PROCEDURE FOR AWARDING NEW OPERATING 
AGREEMENTS.—The Secretary may enter into a new oper-
ating agreement with an applicant that meets the require-
ments of section 53102(c) (for vessels that meet the quali-
fications of section 53102(b)) on the basis of priority for 
vessel type established by military requirements of the 
Secretary of Defense. The Secretary shall allow an appli-
cant at least 30 days to submit an application for a new 
operating agreement. After consideration of military re-
quirements, priority shall be given to an applicant that 
is a United States citizen under section 50501 of this title. 
The Secretary may not approve an application without the 
consent of the Secretary of Defense. The Secretary shall 
enter into an operating agreement with the applicant or 
provide a written reason for denying the application.’’. 
(d) Section 53104 of such title is amended— 
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(1) in subsection (c), by striking paragraph (3); 
and 
(2) in subsection (e), by striking ‘‘an operating 
agreement under this chapter is terminated under 
subsection (c)(3), or if’’. 
(e) Section 53105 of such title is amended— 
(1) by amending subsection (e) to read as fol-
lows: 
‘‘(e) TRANSFER OF OPERATING AGREEMENTS.—A 
contractor under an operating agreement may transfer the 
agreement (including all rights and obligations under the 
operating agreement) to any person that is eligible to 
enter into the operating agreement under this chapter if 
the Secretary and the Secretary of Defense determine that 
the transfer is in the best interests of the United States. 
A transaction shall not be considered a transfer of an op-
erating agreement if the same legal entity with the same 
vessels remains the contracting party under the operating 
agreement.’’; and 
(2) by amending subsection (f) to read as fol-
lows: 
‘‘(f) REPLACEMENT VESSELS.—A contractor may re-
place a vessel under an operating agreement with another 
vessel that is eligible to be included in the Fleet under 
section 53102(b), if the Secretary, in conjunction with the 
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Secretary of Defense, approves the replacement of the ves-
sel.’’. 
(f) Section 53106 of such title is amended— 
(1) in subsection (a)(1), by striking ‘‘and (C) 
$3,100,000 for each of fiscal years 2012 through 
2025.’’ and inserting the following: 
‘‘(C) $3,100,000 for each of fiscal years 
2012, 2013, 2014, 2015, 2016, 2017, and 
2018; 
‘‘(D) $3,500,000 for each of fiscal years 
2019, 2020, and 2021; and 
‘‘(E) $3,700,000 for each of fiscal years 
2022, 2023, 2024, and 2025.’’; 
(2) in subsection (c)(3)(C), by striking ‘‘a 
LASH vessel.’’ and inserting ‘‘a lighter aboard ship 
vessel.’’; and 
(3) by striking subsection (f). 
(g) Section 53107(b)(1) is amended to read as fol-
lows: 
‘‘(1) IN GENERAL.—An Emergency Prepared-
ness Agreement under this section shall require that 
a contractor for a vessel covered by an operating 
agreement under this chapter shall make commercial 
transportation resources (including services) avail-
able, upon request by the Secretary of Defense dur-
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ing a time of war or national emergency, or when-
ever the Secretary of Defense determines that it is 
necessary for national security or contingency oper-
ation (as that term is defined in section 101 of title 
10, United States Code).’’. 
(h) Section 53109 is repealed. 
(i) Section 53111 is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(2); and 
(2) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) $186,000,000 for each of fiscal years 
2012, 2013, 2014, 2015, 2016, 2017, and 2018; 
‘‘(4) $210,000,000 for each of fiscal years 
2019, 2020, and 2021; and 
‘‘(5) $222,000,000 for each fiscal year there-
after through fiscal year 2025.’’. 
(j) EFFECTIVE
DATE
OF
AMENDMENTS.—The 
amendments made by— 
(1) paragraphs (2), (3), and (4) of section 
3308(a) of this Act take effect on December 31, 
2014; and 
(2) section 3308(f)(2) of this Act take effect on 
December 31, 2014. 
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SEC. 3509. IDENTIFICATION OF ACTIONS TO ENABLE 
QUALIFIED UNITED STATES FLAG CAPACITY 
TO 
MEET 
NATIONAL 
DEFENSE 
REQUIRE-
MENTS. 
(a) IDENTIFICATION OF ACTIONS.—Section 501(b) of 
title 46, United States Code, is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘When the head’’; 
and 
(2) by adding at the end the following: 
‘‘(2) The Administrator of the Maritime Administra-
tion shall— 
‘‘(A) in each determination referred to in para-
graph (1), identify any actions that could be taken 
to enable qualified United States flag capacity to 
meet national defense requirements; 
‘‘(B) provide each such determination to the 
Secretary of Transportation and the head of the 
agency referred to in paragraph (1) for which the 
determination is made; and 
‘‘(C) publish each such determination on the 
Internet site of the Department of Transportation 
within 48 hours after it is provided to the Secretary 
of Transportation. 
‘‘(3)(A) The Secretary of Transportation, in con-
sultation with the Secretary of Homeland Security, shall 
notify the Committees on Appropriations, Transportation 
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