< Back to S. 1256 (112th Congress, 2011–2013)

Text of the Department of Energy National Security Act of 2012

This bill was introduced on June 22, 2011, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jun 22, 2011 (Reported by Senate Committee).

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II

Calendar No. 83

112th CONGRESS

1st Session

S. 1256

IN THE SENATE OF THE UNITED STATES

June 22, 2011

, from the Committee on Armed Services, reported the following original bill; which was read twice and placed on the calendar

A BILL

To authorize appropriations for fiscal year 2012 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 of 2012.

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.

Sec. 4. Scoring of budgetary effects.

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.

Subtitle B—Program Authorizations, Restrictions, and Limitations

Sec. 3111. Review of security vulnerabilities of national laboratory computers.

Sec. 3112. Review by Secretary of Energy and Secretary of Defense of Comptroller General assessment of budget requests with respect to the modernization and refurbishment of the nuclear security complex.

Sec. 3113. Aircraft procurement.

Sec. 3114. Limitation on use of funds for establishment of centers of excellence in countries outside of the former Soviet Union.

Sec. 3115. Recognition and status of National Atomic Testing Museum.

Subtitle C—Reports

Sec. 3121. Report on feasibility of federalizing the security protective forces contract guard workforce at certain Department of Energy facilities.

Sec. 3122. Comptroller General study on oversight of Department of Energy defense nuclear facilities.

Sec. 3123. Plan to complete the Global Initiatives for Proliferation Prevention program in the Russian Federation.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

Sec. 3202. Authority of the Defense Nuclear Facilities Safety Board to review the facility design and construction of Construction Project 10–D–904 of the National Nuclear Security Administration.

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.

4.

Scoring of budgetary effects

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

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 2012 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4601.

(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 the following new plant project for the National Nuclear Security Administration:

  • Project 12–D–301, Transuranic (TRU) Waste Facility, Los Alamos National Laboratory, Los Alamos, New Mexico, $13,481,000.
3102.

Defense environmental cleanup

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2012 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4601.

3103.

Other defense activities

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2012 for other defense activities in carrying out programs as specified in the funding table in section 4601.

B

Program Authorizations, Restrictions, and Limitations

3111.

Review of security vulnerabilities of national laboratory computers

(a)

In general

Section 4508 of the Atomic Energy Defense Act (50 U.S.C. 2659) is amended to read as follows:

4508.

Review of security vulnerabilities of national laboratory computers

(a)

In general

The Secretary of Energy shall—

(1)

not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012, and annually thereafter, review the security vulnerabilities of the computers of each national laboratory; and

(2)

if, in conducting a review under paragraph (1), the Secretary discovers a significant vulnerability in a national laboratory computer, promptly notify the congressional defense committees of the vulnerability.

(b)

Elements

A notification submitted under subsection (a) with respect to a significant vulnerability of a national laboratory computer shall include the following:

(1)

A description of the vulnerability.

(2)

An assessment of the loss, if any, of classified or unclassified data as a result of the vulnerability.

(3)

An assessment of the harm to national security or individual privacy resulting from the loss, if any, of such data.

(4)

A description of the actions taken to address the vulnerability.

(c)

National laboratory defined

In this section, the term national laboratory has the meaning given that term in section 4502(g)(3).

.

(b)

Clerical amendment

The table of contents for the Atomic Energy Defense Act is amended by striking the item relating to section 4508 and inserting the following new item:

Sec. 4508. Review of security vulnerabilities of national laboratory computers.

.

3112.

Review by Secretary of Energy and Secretary of Defense of Comptroller General assessment of budget requests with respect to the modernization and refurbishment of the nuclear security complex

Section 3255(a) of the National Nuclear Security Administration Act (50 U.S.C. 2455(a)) is amended by adding at the end the following new paragraph:

(3)

The Secretary of Energy shall, in consultation with the Secretary of Defense—

(A)

review the report submitted by the Comptroller General under paragraph (2); and

(B)

not later than 30 days after receiving that report, submit to the congressional defense committees a report that includes—

(i)

the results of the review conducted under subparagraph (A);

(ii)

the views of the Secretary of Energy and the Secretary of Defense with respect to—

(I)

the findings of the Comptroller General in the report submitted under paragraph (2); and

(II)

whether the actual funding level for the fiscal year in which the report is submitted under this subparagraph is sufficient for the modernization of the nuclear security complex and the refurbishment of the nuclear weapons stockpile; and

(iii)

a description of any measures the Administration plans to take in response to the findings of the Comptroller General.

.

3113.

Aircraft procurement

Of the amounts authorized to be appropriated and made available for obligation under section 3101 for weapons activities for any fiscal year before fiscal year 2013, the Secretary of Energy may procure not more than one aircraft.

3114.

Limitation on use of funds for establishment of centers of excellence in countries outside of the former Soviet Union

Not more than $500,000 of the funds authorized to be appropriated by section 3101 and made available by the funding table in section 4601 for defense nuclear nonproliferation activities may be obligated or expended to establish a center of excellence in a country that is not a state of the former Soviet Union until the date that is 15 days after the date on which the Administrator for Nuclear Security submits to the congressional defense committees a report that includes the following:

(1)

An identification of the country in which the center will be located.

(2)

A description of the purpose for which the center will be established.

(3)

The agreement under which the center will operate.

(4)

A funding plan for the center, including—

(A)

the amount of funds to be provided by the government of the country in which the center will be located; and

(B)

the percentage of the total cost of establishing and operating the center the funds described in subparagraph (A) will cover.

3115.

Recognition and status of National Atomic Testing Museum

Section 3137 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (42 U.S.C. 7142) is amended—

(1)

in the section heading, by inserting and National Atomic Testing Museum after Atomic Museum; and

(2)

by adding at the end the following new subsection:

(d)

Recognition and status of National Atomic Testing Museum

The museum operated by the Nevada Test Site Historical Foundation and located in Las Vegas, Nevada—

(1)

is recognized as the official atomic testing museum of the United Sates;

(2)

shall be known as the National Atomic Testing Museum; and

(3)

shall have the sole right throughout the United States and its possessions to have and use the name National Atomic Testing Museum.

.

C

Reports

3121.

Report on feasibility of federalizing the security protective forces contract guard workforce at certain Department of Energy facilities

(a)

In general

Not later than one year after the date of the enactment of this Act, the Secretary of Energy and the Administrator for Nuclear Security shall jointly submit to the congressional defense committees—

(1)

a report on the feasibility of federalizing some or all of the security protective forces contract guard workforce at the facilities specified in subsection (d); and

(2)

the comments of the Comptroller General of the United States on that report required under subsection (b).

(b)

Comments by Comptroller General

The Secretary and the Administrator shall provide the draft text of the report required by subsection (a)(1) to the Comptroller General of the United States for review and comment before submitting the report to the congressional defense committees.

(c)

Elements

The report required by subsection (a)(1) shall include the following:

(1)

An evaluation of the feasibility of converting the security protective forces contract workforce at the facilities specified in subsection (d) into a force made up, in whole or in part, of full-time Federal employees.

(2)

An estimate of the immediate and projected costs of any such conversion.

(3)

An estimate of the immediate and projected costs of maintaining guards under contract status and of maintaining guards as full-time Federal employee.

(4)

An assessment of the effects of any such conversion on security, including an analysis of the effects of using a Federal security guard, a Federal police officer, or a Federal protective service officer instead of a contract guard.

(5)

An estimate of the hourly and annual costs of—

(A)

contract guards, including benefits and overtime; and

(B)

any comparably trained and equipped Federal force with comparable physical and other requirements.

(6)

A comparison of similar conversions of large groups of contract workers to full-time Federal employees and an assessment of the potential benefits and challenges of such conversions.

(7)

The views of the Secretary and the Administrator on the feasibility of—

(A)

converting the security protective forces contract workforce at the facilities specified in subsection (d) into a force made up, in whole or in part, of full-time Federal employees;

(B)

maintaining the security protective forces contract workforce in its current form; and

(C)

instituting some or all of the changes recommended in the Implementation Plan for the 29 Recommendations of the Protective Force Career Options Study Group prepared pursuant to the Report of the Committee on Appropriations of the House of Representatives (House Report No. 111–230) accompanying the Department of Defense Appropriations Act, 2010 (Public Law 111–118; 123 Stat. 3409).

(d)

Facilities specified

The facilities specified in this subsection are the following:

(1)

The Albuquerque National Nuclear Security Administration Service Center, Albuquerque, New Mexico.

(2)

The Argonne National Laboratory and the Argonne Site Office, Argonne, Illinois, and the Chicago Service Center, Chicago, Illinois.

(3)

The Brookhaven National Laboratory and Brookhaven Site Office, Upton, New York.

(4)

The Idaho National Laboratory and the Idaho Site Office, Idaho Falls, Idaho.

(5)

The Kansas City Plant and the Kansas City Site Office, Kansas City, Missouri.

(6)

The Lawrence Livermore National Laboratory and the Livermore Site Office, Livermore, California.

(7)

The Los Alamos National Laboratory and the Los Alamos Site Office, Los Alamos, New Mexico.

(8)

The National Energy Technology Laboratory.

(9)

The Nevada Site Office and the Nevada National Security Site, Nevada.

(10)

The Oak Ridge National Laboratory, the Oak Ridge Office of the Department of Energy, and the East Tennessee Technology Park of the Department of Energy, Oak Ridge, Tennessee.

(11)

The Office of Secure Transportation of the Department of Energy and associated field locations.

(12)

The Pantex Plant and Pantex Site Office, Amarillo, Texas.

(13)

The Pittsburgh Naval Reactors Office, the Bettis Atomic Power Laboratory, the Idaho Naval Reactors Facility, and the Knolls Atomic Power Laboratory.

(14)

The Portsmouth Gaseous Diffusion Plant, Piketon, Ohio, and the Paducah Gaseous Diffusion Plant, Paducah, Kentucky.

(15)

The Richland Operations Office and the Hanford Site, Richland, Washington.

(16)

The Sandia National Laboratories and the Sandia Site Office, Albuquerque, New Mexico.

(17)

The Savannah River Plant and the Savannah River Site Office of the Office of Environmental Management of the Department of Energy, Aiken, South Carolina.

(18)

The Savannah River National Laboratory, Aiken, South Carolina.

(19)

The National Savannah River Site Office and the Tritium Extraction Facility and Mixed Oxide Fuel Fabrication Facility of the National Nuclear Security Administration, Aiken, South Carolina.

(20)

The Strategic Petroleum Reserve Project Office and the Strategic Petroleum Reserve Sites.

(21)

The Waste Isolation Pilot Plant, Carlsbad, New Mexico.

(22)

The Y–12 Site Office and the Y–12 National Security Complex of the National Nuclear Security Administration, Oak Ridge, Tennessee.

3122.

Comptroller General study on oversight of Department of Energy defense nuclear facilities

(a)

In general

The Comptroller General of the United States shall conduct a study of the value of and the need for external regulation or external oversight of the safety of nuclear operations and the design and construction of nuclear facilities at the Department of Energy defense nuclear facilities to protect the public health and safety.

(b)

Elements

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

(1)

An assessment of the value of and the need for external regulation or external oversight, or a combination of both, of the safety of nuclear operations and the design and construction of nuclear facilities at the Department of Energy defense nuclear facilities.

(2)

An assessment of the ability of existing regulatory authorities to regulate safety at the Department of Energy defense nuclear facilities.

(3)

An assessment of the ability of the Defense Nuclear Facilities Safety Board to regulate safety at the Department of Energy defense nuclear facilities.

(4)

An assessment of the current functions of the Board and whether those functions should be modified or amended, including whether the Department of Energy should pay an oversight fee to the Board.

(5)

An assessment of the relative advantages and disadvantages to the Department of Energy and the public of—

(A)

continuing the oversight functions of the Board; or

(B)

replacing the oversight functions of the Board with external regulation of some or all of the Department of Energy defense nuclear facilities.

(6)

A list of all existing or planned Department of Energy defense nuclear facilities that are similar to facilities under the regulatory jurisdiction of the Nuclear Regulatory Commission.

(7)
(A)

A list of each existing Department of Energy defense nuclear facility or activity relating to such a facility that the Comptroller General recommends should—

(i)

remain within the oversight jurisdiction of the Board for a period of time or indefinitely; or

(ii)

be transferred to the jurisdiction of an outside regulatory authority; and

(B)

the basis for the recommendations of the Comptroller General.

(8)

For any existing Department of Energy defense nuclear facilities that the Comptroller General recommends should be transferred to the jurisdiction of an outside regulatory authority—

(A)

the date by which that transfer should occur and the period of time necessary for the transfer; and

(B)

whether the regulatory authority should be an existing or new regulatory authority.

(9)

A list of any proposed Department of Energy defense nuclear facilities and a recommendation of the Comptroller General with respect to whether each such facility—

(A)

should come under the oversight jurisdiction of the Board or be transferred to the jurisdiction of an outside regulatory authority; and

(B)

if the Comptroller General recommends that the facility be transferred to the jurisdiction of any outside regulatory authority, whether the regulatory authority should be an existing or new regulatory authority.

(10)

An assessment of the comparative advantages and disadvantages to the Department of Energy and to public health and safety of the transfer of some or all of the Department of Energy defense nuclear facilities from the oversight jurisdiction of the Board to the jurisdiction of an outside regulatory authority.

(11)

An assessment of the comparative costs associated with external oversight or external regulation of safety at Department of Energy defense nuclear facilities.

(12)

Any other recommendations of the Comptroller General with respect to external regulation or oversight of safety at the Department of Energy.

(c)

Interim report

Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees an interim report on the status of the study conducted under subsection (a).

(d)

Final report

Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees, the Secretary of Energy, the Defense Nuclear Facilities Safety Board, and the Nuclear Regulatory Commission the final report of the Comptroller General that contains the findings and recommendations of the Comptroller General resulting from the study conducted under subsection (a).

(e)

Comments on report

Not later than 180 days after receiving the final report from the Comptroller General under subsection (d), the Secretary of Energy, the Defense Nuclear Facilities Safety Board, and the Nuclear Regulatory Commission shall submit to the congressional defense committees the comments of the Secretary, the Board, or the Commission (as the case may be) on the report.

(f)

Department of Energy defense nuclear facility defined

In this section, the term Department of Energy defense nuclear facility has the meaning given that term in section 318 of the Atomic Energy Act of 1954 (42 U.S.C. 2286g).

3123.

Plan to complete the Global Initiatives for Proliferation Prevention program in the Russian Federation

At or about the same time that the budget of the President for fiscal year 2013 is submitted to Congress under section 1105(a) of title 31, United States Code, the Administrator for Nuclear Security shall submit to Congress a plan to complete the Global Initiatives for Proliferation Prevention program in the Russian Federation by the end of calendar year 2013.

XXXII

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

3201.

Authorization

There are authorized to be appropriated for fiscal year 2012, $33,317,000 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).

3202.

Authority of the Defense Nuclear Facilities Safety Board to review the facility design and construction of Construction Project 10–D–904 of the National Nuclear Security Administration

Notwithstanding section 318(1)(A) of the Atomic Energy Act of 1954 (42 U.S.C. 2286g(1)(A)), the Defense Nuclear Facilities Safety Board shall exercise the authority of the Board under section 312(a)(4) of that Act (42 U.S.C. 2286a(a)(4)) to review the design of, and review and monitor construction with respect to, Construction Project 10–D–904 of the National Nuclear Security Administration.

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 Administration 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, makes 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, cooperative agreements, and audits

(1)

Contracts and cooperative agreements

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 and cooperative agreements for the United States Government and disburse amounts to—

(A)

carry out the Secretary's duties and powers under this section, subtitle V of title 46, and all other Maritime Administration programs; 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)

Grant administrative expenses

Except as otherwise provided by law, the administrative and related expenses for the administration of any grant programs by the Maritime Administrator may not exceed 3 percent.

(j)

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.

.

June 22, 2011

Read twice and placed on the calendar