< Back to S. 1393 (111th Congress, 2009–2010)

Text of the Department of Energy National Security Act for Fiscal Year 2010

This bill was introduced in a previous session of Congress and was passed by the Senate on July 23, 2009 but was never passed by the House. The text of the bill below is as of Jul 23, 2009 (Passed the Senate (Engrossed)).

Source: GPO

111th CONGRESS

1st Session

S. 1393

IN THE SENATE OF THE UNITED STATES

AN ACT

To authorize appropriations for fiscal year 2010 for defense activities of the Department of Energy, and for other purposes.

1.

Short title

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

2.

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2.Table of contents.

Sec. 3. Congressional defense committees.

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Defense nuclear waste disposal.

Sec. 3105. Funding table.

Subtitle B—Program Authorizations, Restrictions, and Limitations

Sec. 3111. Nuclear weapons stockpile life extension program.

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

Sec. 3113. Repeal of Reliable Replacement Warhead program.

Sec. 3114. Authorization of use of International Nuclear Materials Protection and Cooperation program funds for bilateral and multilateral nonproliferation and disarmament activities.

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

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

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

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

Subtitle C—Other Matters

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

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

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

Sec. 3134. Comptroller General of the United States review of projects carried out by the Office of Environmental Management of the Department of Energy pursuant to the American Recovery and Reinvestment Act of 2009.

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

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

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

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

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

TITLE XXXIII—MARITIME ADMINISTRATION

Sec. 3301. Maritime Administration.

3.

Congressional defense committees

For purposes of this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.

C

DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

XXXI

DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

A

National Security Programs Authorizations

3101.

National Nuclear Security Administration

(a)

Authorization of appropriations

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2010 for the activities of the National Nuclear Security Administration in carrying out programs necessary for national security in the amount of $10,051,215,000, to be allocated as follows:

(1)

For weapons activities, $6,490,619,000.

(2)

For defense nuclear nonproliferation activities, including $705,900,000 for fissile materials disposition, $2,136,709,000.

(3)

For naval reactors, $1,003,133,000.

(4)

For the Office of the Administrator for Nuclear Security, $420,754,000.

(b)

Authorization of new plant projects

From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows:

(1)

For readiness in technical base and facilities, the following new plant project:

Project 10–D–501, Nuclear Facility Risk Reduction (NFRR), Y–12 National Security Complex, Oak Ridge, Tennessee, $12,500,000.

(2)

For defense nuclear security, the following new plant project:

Project 10–D–701, Security Improvement Project (SIP), Y–12 National Security Complex, Oak Ridge, Tennessee, $49,000,000.

(3)

For naval reactors, the following new plant projects:

Project 10–D–904, Naval Reactors Facility (NRF) infrastructure upgrades, Naval Reactors Facility, Idaho Falls, Idaho, $700,000.

Project 10–D–903, Security upgrades, Knolls Atomic Power Laboratory, Knolls Site and Kesselring Site, Schenectady, New York, $1,500,000.

3102.

Defense environmental cleanup

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

3103.

Other defense activities

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

3104.

Defense nuclear waste disposal

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

3105.

Funding table

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

B

Program Authorizations, Restrictions, and Limitations

3111.

Nuclear weapons stockpile life extension program

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

4204.

Nuclear weapons stockpile life extension program

(a)

Program required

The Secretary of Energy shall, in consultation with the Secretary of Defense, carry out a program to provide for the extension of the effective life of the weapons in the nuclear weapons stockpile without nuclear weapons testing.

(b)

Administrative responsibility for program

(1)

In general

The program under subsection (a) shall be carried out through the National Nuclear Security Administration.

(2)

Inclusion of program funds in budget

For each budget submitted by the President to Congress under section 1105 of title 31, United States Code, the amounts requested for the program under subsection (a) shall be clearly identified in the budget justification materials submitted to Congress in support of that budget.

(c)

Program plan

As part of the program under subsection (a), the Secretary of Energy shall develop a long-term plan to extend the effective life of the weapons in the nuclear weapons stockpile without nuclear weapons testing. The plan shall include the following:

(1)

Mechanisms to provide for the manufacture, maintenance, and modernization of each weapon design in the nuclear stockpile, as needed.

(2)

Mechanisms to expedite the collection of information necessary for carrying out the program, including information relating to the aging of materials and components, new manufacturing techniques, and the replacement or substitution of materials.

(3)

Mechanisms to ensure the appropriate assignment of roles and missions for each nuclear weapons laboratory and production plant of the Department of Energy, including mechanisms for allocation of workload, mechanisms to ensure the carrying out of appropriate modernization activities, and mechanisms to ensure the retention of skilled personnel.

(4)

Mechanisms to ensure that each national laboratory of the National Nuclear Security Administration has full and complete access to all weapons data to enable a rigorous peer review process to support the annual assessment of the condition of the nuclear weapons stockpile required under section 4205.

(5)

Mechanisms for allocating funds for activities under the program, including allocations of funds by weapon type and facility.

(6)

An identification of the funds needed, in the current fiscal year and in each of the next 5 fiscal years, to carry out the program.

(d)

Annual updates

The Secretary of Energy shall update the plan required under subsection (c) annually and shall submit the updated plan to Congress as part of the plan for maintaining the nuclear weapons stockpile submitted to Congress under section 4203(c).

(e)

Sense of Congress on funding of program

It is the sense of Congress that the President should include in each budget for a fiscal year submitted to Congress under section 1105 of title 31, United States Code, sufficient funds to carry out in that fiscal year the activities under the program under subsection (a) that are specified in the most current version of the plan required under subsection (c).

.

3112.

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

Section 4209 of the Atomic Energy Defense Act (50 U.S.C. 2529) is amended—

(1)

in subsection (c), by striking necessary— and all that follows through the period and inserting necessary to address proliferation concerns.; and

(2)

in subsection (d)—

(A)

by striking paragraph (1); and

(B)

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

3113.

Repeal of Reliable Replacement Warhead program

(a)

In general

Section 4204A of the Atomic Energy Defense Act (50 U.S.C. 2524a) is repealed.

(b)

Conforming amendment

The table of contents for that Act is amended by striking the item relating to section 4204A.

3114.

Authorization of use of International Nuclear Materials Protection and Cooperation program funds for bilateral and multilateral nonproliferation and disarmament activities

(a)

In general

Notwithstanding any other provision of law and subject to subsection (b), the Secretary of Energy may obligate or expend not more than 10 percent of the funds authorized to be appropriated or otherwise made available for the International Nuclear Materials Protection and Cooperation program in a fiscal year to provide assistance for or to otherwise carry out bilateral or multilateral activities relating to nonproliferation or disarmament.

(b)

Notification of congressional defense committees

The Secretary may obligate or expend funds pursuant to subsection (a) if, not less than 15 days before obligating or expending such funds—

(1)

the Secretary notifies the congressional defense committees of the intent of the Secretary to obligate or expend such funds; and

(2)

the President certifies to the congressional defense committees that obligating or expending such funds is necessary to support the national security objectives of the United States.

3115.

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

(a)

In general

Section 4301 of the Atomic Energy Defense Act (50 U.S.C. 2561) is repealed.

(b)

Clerical amendment

The table of contents for that Act is amended by striking the item relating to section 4301.

3116.

Modification of minor construction threshold for plant projects

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

3117.

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

Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C. 2701(c)(1)) is amended by striking September 30, 2009 and inserting September 30, 2011.

3118.

Repeal of sunset date for consolidation of counterintelligence programs of Department of Energy and National Nuclear Security Administration

Section 3117 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2507; 42 U.S.C. 7144b note) is amended by amending subsection (a) to read as follows:

(a)

Transfer of functions

The functions, personnel, funds, assets, and other resources of the Office of Defense Nuclear Counterintelligence of the National Nuclear Security Administration are transferred to the Secretary of Energy, to be administered (except to any extent otherwise directed by the Secretary) by the Director of the Office of Counterintelligence of the Department of Energy.

.

C

Other Matters

3131.

Ten-year plan for utilization and funding of certain Department of Energy facilities

(a)

In general

The Administrator for Nuclear Security and the Under Secretary for Science of the Department of Energy shall jointly develop a plan to use and fund, over a ten-year period, the following facilities of the Department of Energy:

(1)

The National Ignition Facility at the Lawrence Livermore National Laboratory, California.

(2)

The Los Alamos Neutron Science Center at the Los Alamos National Laboratory, New Mexico.

(3)

The Z Machine at the Sandia National Laboratories, New Mexico.

(4)

The Microsystems and Engineering Sciences Application (MESA) Facility at the Sandia National Laboratories, New Mexico.

(b)

Submittal of plan

Not later than 45 days after the date of the enactment of this Act, the Administrator for Nuclear Security and the Under Secretary for Science of the Department of Energy shall submit to the congressional defense committees the plan required by subsection (a).

(c)

Requirement to specify source of facility funding in budget requests

In any budget request for the Department of Energy for a fiscal year that is submitted to Congress after the date of the enactment of this Act, the Secretary of Energy shall identify for that fiscal year the portion of the funding for each facility specified in subsection (a) that is to be provided by the National Nuclear Security Administration and by the Office of Science of the Department of Energy.

3132.

Review of management and operation of certain national laboratories

(a)

In general

Not later than 60 days after the date of the enactment of this Act, the Secretary of Energy shall, in consultation with the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, appoint an independent panel of experts to conduct a review of the management and operation of the following:

(1)

The Lawrence Livermore National Laboratory, California.

(2)

The Los Alamos National Laboratory, New Mexico.

(3)

The Sandia National Laboratories, New Mexico.

(b)

Administrative provisions

(1)

Appointment of chairperson

The Secretary of Energy shall appoint a chairperson of the panel from among the members of the panel.

(2)

Designation of agency staff to panel

The Secretary of Energy, the Secretary of Defense, and the Director of National Intelligence shall each designate one or more employees of the Department of Energy, the Department of Defense, and the intelligence community, respectively, to serve as liaisons between the panel and the Department of Energy, the Department of Defense, or the intelligence community, as the case may be.

(3)

Agency cooperation

The Secretary of Energy shall, in consultation with the Secretary of Defense and the Director of National Intelligence, ensure that the panel receives full and timely cooperation from the Department of Energy, the Department of Defense, and the Director of National Intelligence in conducting the review required under subsection (a).

(4)

Support from federally funded research and development center

The Secretary of Energy may use a federally funded research and development center not associated with the Department of Energy to provide support to the panel.

(c)

Elements

The review required under subsection (a) shall include, with respect to each laboratory specified in such subsection, an evaluation of the following:

(1)

The quality of the scientific research being conducted at the laboratory, including research with respect to weapons science, nonproliferation, energy, and basic science.

(2)

The quality of the engineering being conducted at the laboratory.

(3)

The general operations of the laboratory, including the management of facilities and procedures with respect to safety, security, environmental management and compliance, and human capital.

(4)

The financial operations of the laboratory, including contract administration, accounting controls, and management of property and equipment.

(5)

The management of work conducted by the laboratory for entities other than the Department of Energy, including academic institutions and other Federal agencies, and interactions between the laboratory and such entities.

(6)

The adequacy and effectiveness of the form and scope of current management contracts in implementing the mission of the laboratory.

(7)

The effectiveness of the management and oversight of the laboratory by the Department of Energy.

(d)

Report of panel

The panel shall submit to the Secretary of Energy a report containing the results of the review and any recommendations of the panel resulting from the review.

(e)

Transmittal to Congress

Not later than January 1, 2011, the Secretary of Energy shall transmit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives the report of the panel submitted under subsection (d) and any comments or recommendations of the Secretary with respect to that report.

3133.

Inclusion in 2010 stockpile stewardship plan of certain information relating to stockpile stewardship criteria

(a)

In general

The Secretary of Energy shall include in the 2010 stockpile stewardship plan the elements specified in subsection (b).

(b)

Elements

The elements specified in this subsection are the following:

(1)

An update of any information or criteria included in the report on stockpile stewardship criteria submitted under subsection (c) of section 4202 of the Atomic Energy Defense Act (50 U.S.C. 2522).

(2)

A description of any additional information identified under paragraph (1) of such subsection (c) or criteria established under subsection (a) of such section 4202 during the period beginning on the date of the submittal of the report under section 3133 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1751; 50 U.S.C. 2523 note) and ending on the date of the submittal of the 2010 stockpile stewardship plan.

(3)

For each science-based tool developed or modified by the Department of Energy during the period described in paragraph (2) to collect information needed to determine that the nuclear weapons stockpile is safe, secure, and reliable—

(A)

a description of the relationship of the science-based tool to the collection of such information; and

(B)

a description of criteria for assessing the effectiveness of the science-based tool in collecting such information.

(c)

2010 stockpile stewardship plan defined

In this section, the term 2010 stockpile stewardship plan means the updated version of the plan for maintaining the nuclear weapons stockpile developed under section 4203 of the Atomic Energy Defense Act (50 U.S.C. 2523) and required to be submitted to Congress on May 1, 2010, by subsection (c) of such section.

3134.

Comptroller General of the United States review of projects carried out by the Office of Environmental Management of the Department of Energy pursuant to the American Recovery and Reinvestment Act of 2009

(a)

In general

The Comptroller General of the United States shall conduct a series of three reviews, as described in subsections (b), (c), and (d), of projects carried out by the Office of Environmental Management of the Department of Energy (in this section referred to as the Office) using American Recovery and Reinvestment Act funds.

(b)

Phase One review

(1)

In general

Beginning on the date of the enactment of this Act, the Comptroller General shall conduct a review of the following:

(A)

The criteria used by the Office to select projects to be carried out using American Recovery and Reinvestment Act funds.

(B)

The extent to which lessons learned during previous accelerations of defense environmental cleanup efforts were used in the development of such criteria.

(C)

The process used by the Office to estimate costs and develop schedules for such projects.

(D)

The process used by the Office for the independent validation of the scope, cost, and schedule for such projects.

(E)

The criteria and methodology used by the Office to measure the contribution of each such project toward reducing the overall costs, and meeting the goals, of defense environmental cleanup.

(2)

Report

Not later than 30 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report containing the results of the review conducted under paragraph (1).

(c)

Phase Two review

(1)

In general

The Comptroller General shall conduct a review, during the period described in paragraph (2), of the following:

(A)

The implementation of each project carried out using American Recovery and Reinvestment Act funds.

(B)

The extent to which each such project is meeting the cost and scheduling goals of the project.

(C)

The number of jobs created or maintained through such projects.

(D)

The adequacy of contract oversight for such projects.

(E)

Any technical problems or other problems in connection with such projects that are identified by the Comptroller General in the course of the review.

(F)

Any management and implementation issues or actions, or other systemic issues, identified by the Comptroller General in the course of the review that either hinder or assist the effective management of defense environmental cleanup efforts.

(2)

Period described

The period described in this paragraph is the period—

(A)

beginning on the date on which the Comptroller General submits the report required under subsection (b)(2); and

(B)

ending on the later of—

(i)

the date on which all projects carried out using American Recovery and Reinvestment Act funds have been completed; or

(ii)

the date on which all American Recovery and Reinvestment Act funds have been obligated or expended or are no longer available to be obligated or expended.

(3)

Reports

The Comptroller General shall submit to the congressional defense committees a report on the status of the review conducted under paragraph (1) not later than 30 days after submitting the report required under subsection (b)(2) and every 120 days thereafter until the end of the period described in paragraph (2).

(d)

Phase Three review

(1)

In general

Beginning on the date on which the Comptroller General submits the last report required under subsection (c)(3), the Comptroller General shall conduct a review of the following:

(A)

The implementation of all projects carried out using American Recovery and Reinvestment Act funds, including the number of such projects that were completed, that were not completed, that were completed on budget, that exceeded the budget for such project, that were completed on schedule, and that exceeded the scheduling goals for such project.

(B)

The impact on employment as a result of the completion of such projects.

(C)

Any lessons learned as a result of accelerating such projects.

(D)

The extent to which the achievement of the overall goals of defense environmental cleanup were accelerated, and the overall costs of defense environmental cleanup were reduced, as a result of such projects.

(E)

Any other issues the Comptroller General considers appropriate with respect to such projects.

(2)

Report

Not later than 90 days after submitting the last report required under subsection (c)(3), the Comptroller General shall submit to the congressional defense committees a report containing the results of the review conducted under paragraph (1).

(e)

American Recovery and Reinvestment Act funds defined

In this section, the term American Recovery and Reinvestment Act funds means funds made available for the Office of Environmental Management under the heading Defense Environmental Cleanup under the heading environmental and other defense activities under the heading Department of Energy under title IV of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 140).

3135.

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

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

3136.

Expansion of authority of Ombudsman of Energy Employees Occupational Illness Compensation Program

(a)

In general

Section 3686 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s–15) is amended—

(1)

in subsection (c), by inserting and subtitle B after this subtitle each place it appears;

(2)

in subsection (d), by inserting and subtitle B after this subtitle;

(3)

in subsection (e), by inserting and subtitle B after this subtitle each place it appears;

(4)

by redesignating subsection (g) as subsection (h); and

(5)

by inserting after subsection (f) the following new subsection:

(g)

National Institute for Occupational Safety and Health ombudsman

In carrying out the duties of the Ombudsman under this section, the Ombudsman shall work with the individual employed by the National Institute for Occupational Safety and Health to serve as an ombudsman to individuals making claims under subtitle B.

.

(b)

Construction

Except as specifically provided in subsection (g) of section 3686 of the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended by subsection (a) of this section, nothing in the amendments made by such subsection (a) shall be construed to alter or affect the duties and functions of the individual employed by the National Institute for Occupational Safety and Health to serve as an ombudsman to individuals making claims under subtitle B of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l et seq.).

3137.

Comptroller General study of stockpile stewardship program

(a)

In general

The Comptroller General of the United States shall conduct a study of the stockpile stewardship program established under section 4201 of the Atomic Energy Defense Act (50 U.S.C. 2521) to determine if the program was functioning, as of December 2008, as envisioned when the program was established.

(b)

Elements

The study required by subsection (a) shall include the following:

(1)

An assessment of whether the capabilities determined to be necessary to maintain the nuclear weapons stockpile without nuclear testing have been implemented and the extent to which such capabilities are functioning.

(2)

A review and description of the agreements governing use, management, and support of the capabilities developed for the stockpile stewardship program and an assessment of enforcement of, and compliance with, those agreements.

(3)

An assessment of plans for surveillance and testing of nuclear weapons in the stockpile and the extent of the compliance with such plans.

(4)

An assessment of—

(A)

the condition of the infrastructure at the plants and laboratories of the nuclear weapons complex;

(B)

the value of nuclear weapons facilities built after 1992;

(C)

any plans that are in place to maintain, improve, or replace such infrastructure;

(D)

whether there is a validated requirement for all planned infrastructure replacement projects; and

(E)

the projected costs for each such project and the timeline for completion of each such project.

(5)

An assessment of the efforts to ensure and maintain the intellectual and technical capability of the nuclear weapons complex to support the nuclear weapons stockpile.

(6)

Recommendations for the stockpile stewardship program going forward.

(c)

Report

Not later than 270 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report containing the results of the study required by subsection (a).

3138.

Sense of the Senate on production of molybdenum–99

(a)

Findings

The Senate makes the following findings:

(1)

There are fewer than five reactors around the world currently capable of producing molybdenum–99 (Mo–99) and there are no such reactors in the United States that can provide a reliable supply of Mo–99 to meet medical needs.

(2)

Since November 2007, there have been major disruptions in the global availability of Mo–99, including at facilities in Canada and the Netherlands, which have led to shortages of Mo–99-based medical products in the United States and around the world.

(3)

Ensuring a reliable supply of medical radioisotopes, including Mo–99, is of great importance to the public health.

(4)

It is also a national security priority of the United States, and specifically of the Department of Energy, to encourage the production of low-enriched uranium-based radioisotopes in order to promote a more peaceful international nuclear order.

(5)

The National Academy of Sciences has identified a need to establish a reliable capability in the United States for the production of Mo–99 and its derivatives for medical purposes using low-enriched uranium.

(6)

There also exists a capable industrial base in the United States that can support the development of Mo–99 production facilities and can conduct the processing and distribution of radiopharmaceutical products for use in medical tests worldwide.

(b)

Sense of the Senate

It is the sense of the Senate that—

(1)

radioisotopes and radiopharmaceuticals, including Mo–99 and its derivatives, are essential components of medical tests that help diagnose and treat life-threatening diseases affecting millions of people each year; and

(2)

the Secretary of Energy should continue and expand a program to meet the need identified by the National Academy of Sciences to ensure a source of Mo–99 and its derivatives for use in medical tests to help ensure the health security of the United States and around the world and promote peaceful nuclear industries through the use of low-enriched uranium.

XXXII

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

3201.

Authorization

There are authorized to be appropriated for fiscal year 2010, $26,086,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).

XXXIII

MARITIME ADMINISTRATION

3301.

Maritime Administration

Section 109 of title 49, United States Code, is amended to read as follows:

109.

Maritime Administration

(a)

Organization

The Maritime Administration is an administration in the Department of Transportation.

(b)

Maritime Administrator

The head of the Maritime Administration is the Maritime Administrator, who is appointed by the President by and with the advice and consent of the Senate. The Administrator shall report directly to the Secretary of Transportation and carry out the duties prescribed by the Secretary.

(c)

Deputy Maritime Administrator

The Maritime Administrator shall have a Deputy Maritime Administrator, who is appointed in the competitive service by the Secretary, after consultation with the Administrator. The Deputy Administrator shall carry out the duties prescribed by the Administrator. The Deputy Administrator shall be Acting Administrator during the absence or disability of the Administrator and, unless the Secretary designates another individual, during a vacancy in the office of Administrator.

(d)

Duties and powers vested in Secretary

All duties and powers of the Maritime Administration are vested in the Secretary.

(e)

Regional offices

The Maritime Administration shall have regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port ranges, and may have other regional offices as necessary. The Secretary shall appoint a qualified individual as Director of each regional office. The Secretary shall carry out appropriate activities and programs of the Maritime Administration through the regional offices.

(f)

Interagency and industry relations

The Secretary shall establish and maintain liaison with other agencies, and with representative trade organizations throughout the United States, concerned with the transportation of commodities by water in the export and import foreign commerce of the United States, for the purpose of securing preference to vessels of the United States for the transportation of those commodities.

(g)

Detailing officers from armed forces

To assist the Secretary in carrying out duties and powers relating to the Maritime Administration, not more than five officers of the armed forces may be detailed to the Secretary at any one time, in addition to details authorized by any other law. During the period of a detail, the Secretary shall pay the officer an amount that, when added to the officer's pay and allowances as an officer in the armed forces, make the officer's total pay and allowances equal to the amount that would be paid to an individual performing work the Secretary considers to be of similar importance, difficulty, and responsibility as that performed by the officer during the detail.

(h)

Contracts and audits

(1)

Contracts

In the same manner that a private corporation may make a contract within the scope of its authority under its charter, the Secretary may make contracts for the United States Government and disburse amounts to—

(A)

carry out the Secretary's duties and powers under this section and subtitle V of title 46; and

(B)

protect, preserve, and improve collateral held by the Secretary to secure indebtedness.

(2)

Audits

The financial transactions of the Secretary under paragraph (1) shall be audited by the Comptroller General. The Comptroller General shall allow credit for an expenditure shown to be necessary because of the nature of the business activities authorized by this section or subtitle V of title 46. At least once a year, the Comptroller General shall report to Congress any departure by the Secretary from this section or subtitle V of title 46.

(i)

Authorization of appropriations

(1)

In general

Except as otherwise provided in this subsection, there are authorized to be appropriated such amounts as may be necessary to carry out the duties and powers of the Secretary relating to the Maritime Administration.

(2)

Limitations

Only those amounts specifically authorized by law may be appropriated for the use of the Maritime Administration for—

(A)

acquisition, construction, or reconstruction of vessels;

(B)

construction-differential subsidies incident to the construction, reconstruction, or reconditioning of vessels;

(C)

costs of national defense features;

(D)

payments of obligations incurred for operating-differential subsidies;

(E)

expenses necessary for research and development activities, including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental vessel operations;

(F)

the Vessel Operations Revolving Fund;

(G)

National Defense Reserve Fleet expenses;

(H)

expenses necessary to carry out part B of subtitle V of title 46; and

(I)

other operations and training expenses related to the development of waterborne transportation systems, the use of waterborne transportation systems, and general administration.

(3)

Training vessels

Amounts may not be appropriated for the purchase or construction of training vessels for State maritime academies unless the Secretary has approved a plan for sharing training vessels between State maritime academies.

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Passed the Senate July 23, 2009.

Secretary.