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Division C — Department of Energy National Security Authorizations and Other Authorizations

H.R. 4435 · 113th Congress · Jun 5, 2014 · Lineage

C Department of Energy National Security Authorizations and Other Authorizations

XXXI Department of Energy National Security Programs

A National Security Programs Authorizations

Sec. 3101 National Nuclear Security Administration

(a)
Authorization of appropriations— Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2015 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:

Sec. 3102 Defense environmental cleanup

(a)
Authorization of appropriations— Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2015 for defense environmental cleanup activities 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, for defense environmental cleanup activities, the following new plant projects:

Sec. 3103 Other Defense Activities

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2015 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 2015 for energy security and assurance programs necessary for national security as specified in the funding table in section 4701.

B Program Authorizations, Restrictions, and Limitations

Sec. 3111 Design and use of prototypes of nuclear weapons for intelligence purposes

(a)
In general— Subsection (a) of section 4509 of the Atomic Energy Defense Act (50 U.S.C. 2660) is amended to read as follows:

“(a) Prototypes

“(1) Not later than the date on which the President submits to Congress under section 1105 of title 31, United States Code, the budget for fiscal year 2016, the directors of the national security laboratories shall jointly develop a multiyear plan to design and build prototypes of nuclear weapons to further intelligence estimates with respect to foreign nuclear weapons activities and capabilities.

“(2) Not later than the date on which the President submits to Congress under section 1105 of title 31, United States Code, the budget for an even-numbered fiscal year occurring after fiscal year 2017, the directors shall jointly develop an update to the plan developed under paragraph (1).

“(3)

“(A) The directors shall jointly submit to the Secretary of Energy the plan and each update developed under paragraphs (1) and (2), respectively.

“(B) Not later than 30 days after the date on which the directors submit the plan and each update under subparagraph (A), the Secretary of Energy shall submit to the congressional defense committees such plan and each such update, without change.

“(4)

“(A) The Secretary, in coordination with the directors of the nuclear weapons laboratories, shall carry out the plan developed under paragraph (1), including the updates to the plan developed under paragraph (2).

“(B) The Secretary may determine the manner in which the designing and building of prototypes of nuclear weapons is carried out under such plan.

“(C) The Secretary shall promptly submit to the congressional defense committees written notification of any changes the Secretary makes to such plan pursuant to subparagraph (B), including justifications for such changes.”

(b)
Matters included— Such section is further amended—
(1)
by redesignating subsection (b) as subsection (c); and
(2)
by inserting after subsection (a) the following new subsection:

“(b) Matters included

“(1) The directors shall ensure that the plan developed and updated under subsection (a) provides increased information upon which to base intelligence assessments and emphasizes the competencies of the national security laboratories with respect to designing and building prototypes of nuclear weapons.

“(2) To carry out paragraph (1), the plan developed and updated under subsection (a) shall include the following:

“(A) Design and system engineering activities of full-scale engineering prototypes (using surrogate special nuclear materials), including weaponization features as required.

“(B) Design, system engineering, and experimental testing (using surrogate special nuclear materials) of above-ground experiment test hardware.

“(C) Design and system engineering of scaled or subcomponent experimental test articles (using special nuclear materials) for conducting experiments at the Nevada National Security Site.”

(c)
Conforming amendment— Subsection (c) of such section, as redesignated by subsection (b), is amended by striking “subsection (a), the Administrator” and inserting “this section, the Secretary”.

Sec. 3112 Authorized personnel levels of National Nuclear Security Administration

(a)
Full-time equivalent personnel levels— Subsection (a) of section 3241A of the National Nuclear Security Administration Act (50 U.S.C. 2441a) is amended—
(1)
in paragraph (1)—
(A)
by striking “2014” and inserting “2015”; and
(B)
by striking “1,825” and inserting “1,650”; and
(2)
in paragraph (2)—
(A)
by striking “2015” and inserting “2016”; and
(B)
by striking “1,825” and inserting “1,650”.
(b)
Definition— Such section is further amended by adding at the end the following new subsection:

“(e) Office of the Administrator employees—In this section, the term “Office of the Administrator”, with respect to the employees of the Administration, includes employees whose funding is derived from an account of the Administration titled “Federal Salaries and Expenses”.”

Sec. 3113 Cost containment for Uranium Capabilities Replacement Project

(a)
Sense of Congress— It is the sense of Congress that—
(1)
the April 2010 Nuclear Posture Review, a February 2011 letter from the President to the Senate, and many other policy statements and documents have identified the Uranium Capabilities Replacement Project as a critical nuclear modernization priority;
(2)
the failure of the Department of Energy and the National Nuclear Security Administration to successfully and efficiently execute and oversee the Uranium Capabilities Replacement Project undermines national security and jeopardizes the long-term credibility of the nuclear deterrent;
(3)
the April 8, 2014, testimony of the Acting Administrator for Nuclear Security that “close to half” of the $1,200,000,000 taxpayers have spent on the design of such project has been wasted is a grievous misuse of limited taxpayer funds, and the appropriate officials of the Federal Government and contractors must be held accountable;
(4)
the uranium capabilities and modern infrastructure that are to be provided by all three phases of the Uranium Capabilities Replacement Project are critical to national security and Congress fully supports efforts to deliver all of these capabilities efficiently and expeditiously;
(5)
focused attention and robust leadership from the highest levels of the executive branch and Congress are required to ensure that such project delivers such critical national security capabilities; and
(6)
the Secretary of Energy and the Administrator for Nuclear Security must ensure that lines of responsibility, authority, and accountability for such project are clear going forward.
(b)
Cost and oversight of project— Section 3123 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2178), as amended by section 3126 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 1063), is amended—
(1)
by amending subsection (d) to read as follows:

“(d) Cost of Phase I

“(1) Limitation—The total cost of Phase I under subsection (a) of the project referred to in such subsection may not exceed $4,200,000,000.

“(2) Adjustment—If the Secretary determines the total cost of Phase I will exceed the amount set forth in paragraph (1), the Secretary may adjust such amount if, by not later than March 1, 2015, the Secretary submits to the congressional defense committees a detailed justification for such adjustment, including—

“(A) the amount of the adjustment and the proposed total cost of Phase I;

“(B) a detailed justification for such adjustment, including a description of the changes that would be required to the project referred to in subsection (a) if Phase I were to not exceed the total cost set forth in paragraph (1);

“(C) a detailed description of the actions taken to hold appropriate contractors, employees of contractors, and employees of the Federal Government accountable for the repeated failures within the project;

“(D) a description of the clear lines of responsibility, authority, and accountability for the project as the project continues, including descriptions of the roles and responsibilities for each key Federal and contractor position; and

“(E) a detailed description of the structural reforms planned or implemented by the Secretary to ensure Phase I is executed on time and on schedule.

“(3) Annual certification—Not later than March 1 of each year through 2025, the Secretary shall certify in writing to the congressional defense committees and the Secretary of Defense that Phase I under subsection (a) of the project referred to in such subsection will meet—

“(A) the total cost set forth in paragraph (1) (as adjusted pursuant to paragraph (2) if so adjusted); and

“(B) a schedule that enables, by not later than 2025—

“(i) uranium operations in building 9212 to cease; and

“(ii) uranium operations in a new facility constructed under such project to begin.

“(4) Report—If the Secretary of Energy does not make a certification by March 1 of any year in which a certification is required under paragraph (3), by not later than May 1 of such year, the Chairman of the Nuclear Weapons Council shall submit to the congressional defense committees a report that identifies the resources of the Department of Energy that the Chairman determines should be redirected to enable the Department of Energy to meet the total cost and schedule described in subparagraphs (A) and (B) of such paragraph.”

(2)
in subsection (e), by adding at the end the following new paragraph:

“(3) Report—Not later than March 1, 2015, the Secretary of Energy and the Secretary of the Navy shall jointly submit to the congressional defense committees a report detailing the implementation of paragraphs (1) and (2), including—

“(A) a description of the program management, oversight, design, and other responsibilities for the project referred to in subsection (a) that are provided to the Commander of the Naval Facilities Engineering Command pursuant to paragraph (1); and

“(B) a description of the funding used by the Secretary under paragraph (2) to carry out paragraph (1).”

(3)
by striking subsections (g) and (h).

Sec. 3114 Plutonium pit production capacity

(a)
Findings— Congress finds the following:
(1)
In 2008, the Department of Defense and the Department of Energy, acting through the Nuclear Weapons Council established by section 179 of title 10, United States Code, agreed on a strategy to balance cost, risk, and stockpile needs and established the requirement for the Department of Energy to produce 50 to 80 plutonium pits per year.
(2)
In a memorandum of agreement dated May 3, 2010, entered into by the Secretary of Defense and the Secretary of Energy, the Secretaries agreed that the Department of Energy would achieve a minimum pit production capacity of 50 to 80 pits per year by 2022.
(3)
The current plans of the Secretary of Energy would achieve a pit production capacity of 50 to 80 pits per year by 2031, resulting in a delay of nearly a decade as compared to the agreement described in paragraph (2).
(4)
In a report dated January 14, 2014, that the Secretary of Defense submitted to Congress, the Secretary stated that “the Department of Defense has revalidated its requirement for 50 – 80 pits per year based on the demands of stockpile modernization, the commitments to a modern physical infrastructure, and the ability to hedge against technical failure or geopolitical risk.”.
(b)
Sense of Congress— It is the sense of Congress that—
(1)
the requirement to create a modern, responsive nuclear infrastructure that includes the capability and capacity to produce, at minimum, 50 to 80 pits per year, is a national security priority;
(2)
delaying creation of a modern, responsive nuclear infrastructure until the 2030s is an unacceptable risk to the nuclear deterrent and the national security of the United States; and
(3)
timelines for creating certain capacities for production of plutonium pits and other nuclear weapons components must be driven by the requirement to hedge against technical and geopolitical risk and not solely by the needs of life extension programs.
(c)
Pit production—
(1)
In general— Title XLII of the Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is amended by inserting after the item relating to section 4218 the following new section:

“4219. Plutonium pit production capacity

“(a) Requirement—Consistent with the requirements of the Secretary of Defense, the Secretary of Energy shall ensure that the nuclear security enterprise—

“(1) during 2023, produces not less than 30 war reserve plutonium pits;

“(2) during 2026, produces not less than 50 war reserve plutonium pits; and

“(3) during a pilot period of not less than 90 days during 2027, demonstrates the capability to produce war reserve plutonium pits at a rate sufficient to produce 80 pits per year.

“(b) Annual certification—Not later than March 1, 2015, and each year thereafter through 2027, the Secretary shall certify to the congressional defense committees and the Secretary of Defense that the programs and budget of the Secretary will enable the nuclear security enterprise to meet the requirements under subsection (a).

“(c) Plan—If the Secretary does not make a certification by March 1 of any year in which a certification is required under subsection (b), by not later than May 1 of such year, the Chairman of the Nuclear Weapons Council shall submit to the congressional defense committees a plan to enable the nuclear security enterprise to meet the requirements under subsection (b). Such plan shall include identification of the resources of the Department of Energy that the Chairman determines should be redirected to support the plan to meet such requirements.”

(2)
Clerical amendment— The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4218 the following new item:

Sec. 3115 Definition of baseline and threshold for stockpile life extension project

Section 4713 of the Atomic Energy Defense Act (50 U.S.C. 2753) is amended—
(1)
in subsection (a)(1)(A), by adding after the period the following new sentence: “In addition to the requirement under subparagraph (B), the cost and schedule baseline of a nuclear stockpile life extension project established under this subparagraph shall be the cost and schedule as determined by the weapon design and cost report required prior to the project entering into the development engineering phase.”; and
(2)
in subsection (b)(2), by striking “200” and inserting “150”.

Sec. 3116 Production of nuclear warhead for long-range standoff weapon

(a)
First production unit— The Secretary of Energy shall deliver a first production unit for a nuclear warhead for the long-range standoff weapon by not later than September 30, 2025.
(b)
Plan—
(1)
Development— The Secretary of Energy and the Secretary of Defense shall jointly develop a plan to carry out subsection (a).
(2)
Submission— Not later than 180 days after the date of the enactment of this Act, the Secretaries shall jointly submit to the congressional defense committees the plan developed under paragraph (1).
(c)
Notification and assessment—
(1)
Notification— If at any time the Secretary of Energy determines that the Secretary will not deliver a first production unit for a nuclear warhead for the long-range standoff weapon by not later than September 30, 2025, the Secretary shall notify the congressional defense committees, the Secretary of Defense, and the Commander of the United States Strategic Command of such determination, including an explanation for why the delivery will be delayed.
(2)
Assessment— If the Secretary of Energy makes a notification under paragraph (1), the Commander of the United States Strategic Command shall submit to the congressional defense committees an assessment of the delay described in the notification, including—
(A)
the effects of such delay to national security and nuclear deterrence and assurance; and
(B)
any mitigation options available.
(d)
Briefing— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Commander of the United States Strategic Command, shall provide to the congressional defense committees a briefing on the justification of the long-range standoff weapon, including—
(1)
why such weapon is needed, including any potential redundancies with existing weapons;
(2)
the cost of such weapon; and
(3)
what warhead, existing or otherwise, is planned to be used for such weapon.

Sec. 3117 Disposition of weapons-usable plutonium

(a)
Mixed oxide fuel fabrication facility—
(1)
In general— Of the funds described in paragraph (2), the Secretary of Energy shall carry out construction and program support activities relating to the MOX facility.
(2)
Funds described— The funds described in this paragraph are the following:
(A)
Funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the National Nuclear Security Administration for the MOX facility for construction and program support activities.
(B)
Funds authorized to be appropriated for a fiscal year prior to fiscal year 2015 for the National Nuclear Security Administration for the MOX facility for construction and program support activities that are unobligated as of the date of the enactment of this Act.
(b)
Study—
(1)
In general— Not later than 30 days after the date of the enactment of this Act, the Secretary shall seek to enter into a contract with a federally funded research and development center to conduct a study to assess and validate the analysis of the Secretary of Energy with respect to surplus weapon-grade plutonium options.
(2)
Submission— Not later than 180 days after the date of the enactment of this Act, the federally funded research and development center conducting the study under paragraph (1) shall submit to the Secretary the study, including any findings and recommendations.
(c)
Report—
(1)
Plan— Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study conducted under subsection (b)(1).
(2)
Elements included— The report under paragraph (1) shall include the following:
(A)
The study conducted by the federally funded research and development center under subsection (b)(1), without change.
(B)
Identification of the alternatives to the MOX facility considered by the Secretary, including a life-cycle cost analysis for each such alternative.
(C)
Identification of the portions of such life cycle cost analyses that are common to all such alternatives.
(D)
Discussion on continuation of the MOX facility, including a future funding profile or a detailed discussion of selected alternatives determined appropriate by the Secretary for such discussion.
(E)
Discussion of the issues regarding implementation of such selected alternatives, including all regulatory and public acceptance issues, including interactions with affected States.
(F)
Explanation of how the alternatives to the MOX facility conform with the Plutonium Disposition Agreement, and if an alternative does not so conform, what measures must be taken to ensure conformance.
(G)
Identification of steps the Secretary would have to take to close out all MOX facility related activities, as well as the associated cost.
(H)
Any other matters the Secretary determines appropriate.
(d)
Exclusion of certain options—
(1)
In general— The study under subsection (b)(1) and the report under subsection (c)(1) shall not include any assessment or discussion of options that involve moving plutonium to a State where the Federal Government—
(A)
is not meeting all legally binding deadlines and milestones required under the Tri-Party Agreement and the Consent Decree;
(B)
has provided notification that any element of the Tri-Party Agreement or the Consent Decree is at risk of being breached; or
(C)
is in dispute resolution with the State regarding the Tri-Party Agreement or the Consent Decree.
(2)
Definitions— In this subsection:
(A)
The term “Tri-Party Agreement” means the comprehensive cleanup and compliance agreement between the Secretary of Energy, the Administrator of the Environmental Protection Agency, and the State of Washington entered into on May 15, 1989.
(B)
The term “Consent Decree” means the legal agreement between the Secretary of Energy and the State of Washington finalized in 2010.
(e)
Definitions— In this section:
(1)
The term “MOX facility” means the mixed-oxide fuel fabrication facility at the Savannah River Site, Aiken, South Carolina.
(2)
The term “Plutonium Disposition Agreement” means the Agreement Between the Government of the United States of America and the Government of the Russian Federation Concerning the Management and Disposition of Plutonium Designated As No Longer Required for Defense Purposes and Related Cooperation, as amended.
(3)
The term “program support activities” means activities that support the design, long-lead equipment procurement, and site preparation of the MOX facility.

Sec. 3118 Limitation on availability of funds for Office of the Administrator for Nuclear Security

(a)
Limitation— Of the funds authorized to be appropriated for fiscal year 2015 by section 3101 and available for the Office of the Administrator as specified in the funding table in section 4701, or otherwise made available for that Office for that fiscal year, not more than 75 percent may be obligated or expended until—
(1)
the President transmits to Congress the matters required to be transmitted during 2015 under section 4205(f)(2) of the Atomic Energy Defense Act (50 U.S.C. 2525(f)(2));
(2)
the President transmits to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives the matters—
(A)
required to be transmitted during 2015 under section 1043 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1576); and
(B)
with respect to which the Secretary of Energy is responsible;
(3)
the Secretary submits to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives the report required to be submitted during 2015 under section 3122(b) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1710); and
(4)
the Administrator for Nuclear Security submits to the congressional defense committees the detailed report on the stockpile stewardship, management, and infrastructure plan required to be submitted during 2015 under section 4203(b)(2) of the Atomic Energy Defense Act (50 U.S.C. 2523(b)(2)).
(b)
Office of the Administrator defined— In this section, the term “Office of the Administrator”, with respect to accounts of the National Nuclear Security Administration, includes any account from which funds are derived for “Federal Salaries and Expenses”.

Sec. 3119 Additional limitation on availability of funds for Office of the Administrator for Nuclear Security

(a)
Limitation— In addition to the limitation in section 3118, of the funds authorized to be appropriated for fiscal year 2015 by section 3101 and available for the Office of the Administrator as specified in the funding table in section 4701, or otherwise made available for that Office for that fiscal year, not more than 90 percent may be obligated or expended until the date on which the Administrator for Nuclear Security submits to the congressional defense committees a report on the efficiencies proposed by the study titled “2012 Joint DOE/DoD Study on Potential NNSA Management and Work Force Prioritization Efficiencies” conducted jointly by the Administrator and the Director of Cost Assessment and Program Evaluation. Such report shall include details on how the Administrator will carry out during fiscal year 2015 each efficiency measure proposed by such joint study.
(b)
Report— Not later than March 1, 2015, the Nuclear Weapons Council established by section 179 of title 10, United States Code, shall submit to the congressional defense committees a report that includes the following:
(1)
The efficiencies that the Council recommends the Administrator to carry out during fiscal year 2016.
(2)
An assessment by the Council of—
(A)
the report submitted by the Administrator under subsection (a)(1) of section 3123 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1711);
(B)
the report submitted by the Comptroller General of the United States under subsection (b) of such section; and
(C)
each of the matters described in subparagraphs (A) through (E) of subsection (a)(2) of such section.
(c)
Office of the Administrator defined— In this section, the term “Office of the Administrator”, with respect to accounts of the National Nuclear Security Administration, includes any account from which funds are derived for “Federal Salaries and Expenses”.

Sec. 3120 Limitation on availability of funds for nonproliferation activities between the United States and the Russian Federation

(a)
Limitation— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the National Nuclear Security Administration may be used for any contact, cooperation, or transfer of technology between the United States and the Russian Federation until the Secretary of Energy, in consultation with the Secretary of State and the Secretary of Defense, certifies to the appropriate congressional committees that—
(1)
the armed forces of the Russian Federation are no longer illegally occupying Ukrainian territory;
(2)
the Russian Federation is respecting the sovereignty of all Ukrainian territory;
(3)
the Russian Federation is no longer acting inconsistently with the INF Treaty; and
(4)
the Russian Federation is in compliance with the CFE Treaty and has lifted its suspension of Russian observance of its treaty obligations.
(b)
Waiver— The Secretary of Energy may waive the limitation in subsection (a) if—
(1)
the Secretary of Energy, in coordination with the Secretary of State and the Secretary of Defense, submits to the appropriate congressional committees—
(A)
a notification that such a waiver is in the national security interests of the United States and a description of the national security interests covered by the waiver; and
(B)
a report explaining why the Secretary of Energy cannot make a certification for such under subsection (a); and
(2)
a period of 30 days has elapsed following the date on which the Secretary submits the information in the report under paragraph (1)(B).
(c)
Exception for certain military bases— The certification requirement specified in paragraph (1) of subsection (a) shall not apply to military bases of the Russian Federation in Ukraine’s Crimean peninsula operating in accordance with its 1997 agreement on the Status and Conditions of the Black Sea Fleet Stationing on the Territory of Ukraine.
(d)
Application— The limitation in subsection (a) applies with respect to funds described in such subsection that are unobligated as of the date of the enactment of this Act.
(e)
Definitions— In this section:
(1)
The term “appropriate congressional committees” means the following:
(A)
The congressional defense committees.
(B)
The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
(2)
The term “CFE Treaty” means the Treaty on Conventional Armed Forces in Europe, signed at Paris November 19, 1990, and entered into force July 17, 1992.
(3)
The term “INF Treaty” means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles, commonly referred to as the Intermediate-Range Nuclear Forces (INF) Treaty, signed at Washington December 8, 1987, and entered into force June 1, 1988.

Sec. 3121 Limitation on availability of funds for defense nuclear nonproliferation activities at sites in the Russian Federation

(a)
Limitation— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for defense nuclear nonproliferation activities may be obligated or expended for such activities at sites in the Russian Federation until a period of 30 days has elapsed following the date on which the Secretary of Energy certifies to the appropriate congressional committees that such sites are not actively engaged in Russian nuclear weapons, intelligence, or defense activities.
(b)
Waiver— The President, without delegation, may waive the limitation in subsection (a) if a period of 30 days has elapsed following the date on which the President submits to the appropriate congressional committees—
(1)
notification that such a waiver is in the national security interest of the United States; and
(2)
certification that none of the funds described in subsection (a) will be contributed to the nuclear weapons program of Russia.
(c)
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means the following:
(1)
The congressional defense committees.
(2)
The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

C Plans and Reports

Sec. 3131 Cost estimation and program evaluation by National Nuclear Security Administration

Section 3221(h) of the National Nuclear Security Administration Act (50 U.S.C. 2411) is amended by adding at the end the following new paragraph:

“(3) Administration—The term “Administration”, with respect to any authority, duty, or responsibility provided by this section, does not include the Office of Naval Reactors.”

Sec. 3132 Analysis and report on W88 Alt 370 program high explosives options

(a)
Report required— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy, the Administrator for Nuclear Security, and the Chairman of the Nuclear Weapons Council shall jointly submit to the congressional defense committees a report on the W88 Alt 370 program that contains analyses of the costs, benefits, risks, and feasibility of each of the following options:
(1)
Incorporating a refresh of the conventional high explosives of the W88 warhead as part of such program.
(2)
Not incorporating such a refresh as part of such program.
(b)
Matters included— The report under subsection (a) shall include, for each option described in paragraphs (1) and (2) of subsection (a), an analysis of the following:
(1)
Near-term and lifecycle cost estimates, including costs to both the Navy and the National Nuclear Security Administration.
(2)
Potential cost avoidance.
(3)
Operational effects to the Navy and to the capacity and throughput of the nuclear security enterprise (as defined in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501) of the National Nuclear Security Administration.
(4)
The expected longevity of the W88 warhead.
(5)
Near-term and long-term safety and security risks and potential risk-mitigation measures.
(6)
Any other matters the Secretary, the Administrator, or the Chairman considers appropriate.

Sec. 3133 Analysis of existing facilities

(a)
Report— Not later than 270 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall submit to the congressional defense committees a report containing an analysis of using or modifying existing facilities across the nuclear security enterprise (as defined in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501)) to support the plutonium strategy of the National Nuclear Security Administration.
(b)
Matters included— The report under subsection (a) shall include the following:
(1)
An analysis of the costs, benefits, cost-savings, risks, and effects of using or modifying existing facilities of the nuclear security enterprise as compared to the current plan of the Administrator for supporting the plutonium strategy of the Administration, including all phases of the plan.
(2)
Such other matters as the Administrator determines appropriate.

Sec. 3134 Plan for verification and monitoring of proliferation of nuclear weapons and fissile material

(a)
Plan— The President, in consultation with the Secretary of State, the Secretary of Defense, the Secretary of Energy, the Secretary of Homeland Security, and the Director of National Intelligence, shall develop an interagency plan for verification and monitoring relating to the potential proliferation of nuclear weapons, components of such weapons, and fissile material.
(b)
Elements— The plan developed under subsection (a) shall include the following:
(1)
An interagency plan and road map for verification and monitoring, with respect to policy, operations, and research, development, testing, and evaluation, including—
(A)
identifying requirements (including funding requirements) for such verification and monitoring; and
(B)
identifying and integrating roles, responsibilities, and planning for such verification and monitoring.
(2)
An engagement plan for building cooperation and transparency to improve inspections and monitoring.
(3)
A research and development program to—
(A)
improve monitoring, detection, and in-field inspection and analysis capabilities, including persistent surveillance, remote monitoring, rapid analysis of large data sets, including open-source data; and
(B)
coordinate technical and operational requirements early in the process.
(4)
Engagement of relevant departments and agencies of the Federal Government and the military departments (including the Open Source Center and the United States Atomic Energy Detection System), national laboratories, industry, and academia.
(c)
Submission—
(1)
In general— Not later than September 1, 2015, the President shall submit to the appropriate congressional committees the plan developed under subsection (a).
(2)
Appropriate congressional committees defined— In this subsection, the term appropriate congressional committees means the following:
(A)
The congressional defense committees.
(B)
The Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.
(C)
The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
(D)
The Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives.
(E)
The Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.

D Other matters

Sec. 3141 Technical corrections to Atomic Energy Defense Act

(a)
Definitions— Section 4002(3) of the Atomic Energy Defense Act (50 U.S.C. 2501(3)) is amended by striking “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),” and inserting “Executive Order No. 12333 of December 4, 1981 (50 U.S.C. 3001 note), Executive Order No. 12958 of April 17, 1995 (50 U.S.C. 3161 note), Executive Order No. 13526 of December 29, 2009 (50 U.S.C. 3161 note),”.
(b)
Management structure— Section 4102(b)(3) of such Act (50 U.S.C. 2512(b)(3)) is amended—
(1)
in the matter preceding subparagraph (A), by striking “for improving the”;
(2)
in subparagraph (A), by inserting “for improving the” before “governance”; and
(3)
in subparagraph (B), by inserting “relating to” before “any other”.
(c)
Stockpile stewardship— Section 4203(d)(4)(A)(i) of such Act (50 U.S.C. 2523(d)(4)(A)(i)) is amended by striking “50 U.S.C. 404a” and inserting “50 U.S.C. 3043”.
(d)
Reports on stockpile— Section 4205(b)(2) of such Act (50 U.S.C. 2525(b)(2)) is amended by striking “commander” and inserting “Commander”.
(e)
Advice on reliability of stockpile— Section 4218 of such Act (50 U.S.C. 2538) is amended—
(1)
in subsection (d), by striking “commander” and inserting “Commander”; and
(2)
in subsection (e)(1), by striking “representatives” and inserting “a representative”.
(f)
Disposition of certain plutonium— Section 4306 of such Act (50 U.S.C. 2566) is amended—
(1)
in subsection (b)(6)(C), by striking “paragraph (A)” and inserting “subparagraph (A)”;
(2)
in subsection (c)(2), by striking “2002” and inserting “2002,”; and
(3)
in subsection (d)(3), by inserting “of Energy” after “Department”.
(g)
Limitation on use of funds in relation to F–Canyon Facility— Section 4454 of such Act (50 U.S.C. 2638) is amended in paragraphs (1) and (2) by inserting “of” after “assessment”.
(h)
Inspections of certain facilities— Section 4501(a) of such Act (50 U.S.C. 2651(a)) is amended by striking “nuclear weapons facility” and inserting “national security laboratory or nuclear weapons production facility”.
(i)
Notice relating to certain failures— Section 4505 of such Act (50 U.S.C. 2656) is amended—
(1)
in subsection (b), by striking the subsection heading and inserting the following: “Significant atomic energy defense intelligence losses”; and
(2)
in subsection (e)(2), by striking “50 U.S.C. 413” and inserting “50 U.S.C. 3091”.
(j)
Review of certain documents before declassification and release— Section 4521(b) of such Act (50 U.S.C. 2671(b)) is amended by striking “Executive Order 12958” and inserting “Executive Order No. 13526 (50 U.S.C. 3161 note)”.
(k)
Protection against release of Restricted Data— Section 4522 of such Act (50 U.S.C. 2672) is amended—
(1)
in subsection (a), by striking “Executive Order No. 12958 (50 U.S.C. 435 note)” and inserting “Executive Order No. 13526 (50 U.S.C. 3161 note)”;
(2)
in subsection (b)(1), by striking “Executive Order No. 12958” and inserting “Executive Order No. 13526”;
(3)
in subsection (f)(2), by striking “Executive Order No. 12958” and inserting “Executive Order No. 13526”.
(l)
Identification of declassification activities in budget materials— Section 4525(a) of such Act (50 U.S.C. 2675(a)) is amended by striking “Executive Order No. 12958 (50 U.S.C. 435 note)” and inserting “Executive Order No. 13526 (50 U.S.C. 3161 note)”.
(m)
Workforce restructuring plan— Section 4604(f)(3) of such Act (50 U.S.C. 2704(f)(3)) is amended by striking “Nevada and” and inserting “Nevada, and”.
(n)
Availability of funds— Section 4709(b) of such Act (50 U.S.C. 2749(b)) is amended by striking “athorization” and inserting “authorization”.
(o)
Transfer of defense environmental cleanup funds— Section 4710(b)(3)(B) of such Act (50 U.S.C. 2750(b)(3)(B)) is amended by striking “management” and inserting “cleanup”.
(p)
Restriction on use of funds to pay certain penalties— Section 4722 of such Act (50 U.S.C. 2762) is amended—
(1)
by inserting an em dash after “Department of Energy if”;
(2)
by realigning paragraphs (1) and (2) so as to be indented two ems from the left margin; and
(3)
in paragraph (1), by striking “, or” and inserting “; or”.
(q)
Research and development by certain facilities— Section 4832(a) of such Act (50 U.S.C. 2812(a)) is amended by striking “for Nuclear Security”.
(r)
Report on Hanford tank safety— Section 4441 of such Act (50 U.S.C. 2621) is amended by striking subsection (d).
(s)
Critical technology partnerships— Section 4813(a) of such Act (50 U.S.C. 2794(a)) is amended by striking “that atomic energy defense activities research on, and development of, any dual-use critical technology” and inserting “that research on and development of dual-use critical technology carried out through atomic energy defense activities”.
(t)
Table of contents— The table of contents for such Act is amended by striking the item relating to section 4710 and inserting the following:

Sec. 3142 Technical corrections to National Nuclear Security Administration Act

(a)
Status of certain personnel— Section 3220(c) of the National Nuclear Security Administration Act (50 U.S.C. 2410(c)) is amended—
(1)
by inserting an em dash after “activities between”;
(2)
by realigning paragraphs (1) and (2) so as to be indented two ems from the left margin; and
(3)
in paragraph (1), by striking “, and” and inserting “; and”.
(b)
Congressional oversight of certain programs— Section 3236(a)(2)(B)(iv) of such Act (50 U.S.C. 2426(a)(2)(B)(iv)) is amended—
(1)
by inserting an em dash after “program for”;
(2)
by realigning subclauses (I), (II), and (III) so as to be indented six ems from the left margin;
(3)
in subclause (I), by striking “year,” and inserting “year;”; and
(4)
in subclause (II), by striking “, and” and inserting “; and”.

Sec. 3143 Budget increase for defense environmental cleanup

(a)
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 3102 for defense environmental cleanup, as specified in the corresponding funding table in section 4701, is hereby increased by $20,000,000.
(b)
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amounts authorized to be appropriated in this title for weapons activities, as specified in the corresponding funding table in section 4701, for Inertial confinement fusion ignition and high yield campaign is hereby reduced by $20,000,000.

XXXII Defense Nuclear Facilities Safety Board

Sec. 3201 Authorization

There are authorized to be appropriated for fiscal year 2015, $30,150,000 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.).

Sec. 3202 Inspector General of Defense Nuclear Facilities Safety Board

Subsection (a) of section 322 of the Atomic Energy Act of 1954 (42 U.S.C. 2286k(a)) is amended to read as follows:

“(a) In general—The Inspector General of the Nuclear Regulatory Commission shall serve as the Inspector General of the Board, in accordance with the Inspector General Act of 1978 (5 U.S.C. App.).”

Sec. 3203 Number of employees of Defense Nuclear Facilities Safety Board

(a)
In general— Section 313(b)(1)(A) of the Atomic Energy Act of 1954 (42 U.S.C. 2286b(b)(1)(A)) is amended by striking “150 full-time employees” and inserting “120 full-time employees”.
(b)
Effective date— The amendment made by subsection (a) shall take effect on October 1, 2015.

XXXIV Naval Petroleum Reserves

Sec. 3401 Authorization of appropriations

(a)
Amount— There are hereby authorized to be appropriated to the Secretary of Energy $19,950,000 for fiscal year 2015 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 subsection (a) shall remain available until expended.

XXXV Maritime Administration

Sec. 3501 Authorization of appropriations for national security aspects of the Merchant Marine for fiscal year 2015

Funds are hereby authorized to be appropriated for fiscal year 2015, to be available without fiscal year limitation if so provided in appropriations Acts, for the use of the Department of Transportation for Maritime Administration programs associated with maintaining national security aspects of the merchant marine, as follows:
(1)
For expenses necessary for operations of the United States Merchant Marine Academy, $79,790,000, of which—
(A)
$65,290,000 shall remain available until expended for Academy operations;
(B)
$14,500,000 shall remain available until expended for capital asset management at the Academy.
(2)
For expenses necessary to support the State maritime academies, $17,650,000, of which—
(A)
$2,400,000 shall remain available until expended for student incentive payments;
(B)
$3,600,000 shall remain available until expended for direct payments to such academies;
(C)
$11,300,000 shall remain available until expended for maintenance and repair of State maritime academy training vessels; and
(D)
$350,000 shall remain available until expended for improving the monitoring of graduates’ service obligation.
(3)
For expenses necessary to support Maritime Administration operations and programs, $50,960,000.
(4)
For expenses necessary to dispose of vessels in the National Defense Reserve Fleet, $4,800,000, to remain available until expended.
(5)
For expenses to maintain and preserve a United States-flag merchant marine to serve the national security needs of the United States under chapter 531 of title 46, United States Code, $186,000,000.
(6)
For the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan guarantees under the program authorized by chapter 537 of title 46, United States Code, $73,100,000, of which $3,100,000 shall remain available until expended for administrative expenses of the program.

Sec. 3502 Special rule for DD–17

(a)
In general— A vessel of the Navy transported in DD–17 (formerly known as USN–YFD–17) in the waters of the State of Alabama shall not be treated as merchandise for purposes of section 55102 of title 46, United States Code.
(b)
Limitation— If DD–17 (formerly known as USN–YFD–17) is sold after the date of the enactment of this Act, subsection (a) shall cease to have effect unless the purchaser of DD–17 is an eligible owner described in section 12103(b) of title 46, United States Code.

Sec. 3503 Sense of Congress on the role of domestic maritime industry in national security

(a)
Findings— Congress finds that—
(1)
the United States domestic maritime industry carries hundreds of million of tons of cargo annually, supports nearly 500,000 jobs, and provides nearly 100 billion in annual economic output;
(2)
the Nation’s military sealift capacity will benefit from one of the fastest growing segments of the domestic trades, 14 domestic trade tankers that are on order to be constructed at United States shipyards as of February 1, 2014;
(3)
the domestic trades’ vessel innovations that transformed worldwide maritime commerce include the development of containerships, self-unloading vessels, articulated tug-barges, trailer barges, chemical parcel tankers, railroad-on-barge carfloats, and river flotilla towing systems;
(4)
the national security benefits of the domestic maritime industry are unquestioned as the Department of Defense depends on United States domestic trades’ fleet of container ships, roll-on/roll-off ships, and product tankers to carry military cargoes;
(5)
the Department of Defense benefits from a robust commercial shipyard and ship repair industry and current growth in that sector is particularly important as Federal budget cuts may reduce the number of new constructed military vessels; and
(6)
the domestic fleet is essential to national security and was a primary source of mariners needed to crew United States Government-owned sealift vessels activated from reserve status during Operations Enduring Freedom and Iraqi Freedom in the period 2002 through 2010.
(b)
Sense of Congress— It is the sense of Congress that United States coastwise trade laws promote a strong domestic trade maritime industry, which supports the national security and economic vitality of the United States and the efficient operation of the United States transportation system.