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Division C — Department of Energy national security authorizations and other authorizations

S. 1197 · 113th Congress · Jun 21, 2013 · 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 2014 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

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2014 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701.

Sec. 3103 Other defense activities

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2014 for other defense activities in carrying out programs as specified in the funding table in section 4701.

B Program Authorizations, Restrictions, and Limitations

Sec. 3111 Establishment of Director for Cost Estimating and Program Evaluation in National Nuclear Security Administration

(a)
In general— Subtitle A of the National Nuclear Security Administration Act (50 U.S.C. 2401 et seq.) is amended by adding at the end the following new section:

“3221. Director for Cost Estimating and Program Evaluation

“(a) Establishment—There is in the Administration a Director for Cost Estimating and Program Evaluation (in this section referred to as the “Director”), who is appointed by the President, by and with the advice and consent of the Senate.

“(b) Duties

“(1) The Director shall be the principal officer of the Administration responsible for communicating directly with the Administrator, the Deputy Secretary of Energy, and the Secretary of Energy with respect to cost estimation and program evaluation for the Administration.

“(2) The Administrator may not delegate responsibility for receiving or acting on communications from the Director with respect to cost estimation and program evaluation for the Administration.

“(c) Deputy Directors—There shall be two deputy directors, who shall report directly to the Director, as follows:

“(1) The Deputy Director for Cost Estimation.

“(2) The Deputy Director for Program Evaluation.

“(d) Activities for cost estimation

“(1) The Director shall be the responsible for the following activities relating to cost estimation:

“(A) Prescribing policies and procedures for cost analysis and estimation by the Administration, including the determination of confidence levels with respect to cost estimates.

“(B) Reviewing cost estimates and evaluating the performance baseline for each major atomic energy defense acquisition program.

“(C) Establishing policies and procedures for developing technology readiness assessments for such programs that are consistent with the guidelines of the Department of Energy for technology readiness assessments.

“(D) Reviewing technology readiness assessments for such programs to ensure that such programs are meeting levels of confidence associated with appropriate overall system performance.

“(E) Reviewing costs and, if necessary, conducting independent cost estimates of projects covered by Department of Energy Order 413.3 (relating to program and project management for the acquisition of capital assets) (or a successor order) for the acquisition of capital assets for atomic energy defense activities.

“(2) A review, evaluation, or cost estimate conducted under subparagraph (B), (D), or (E) of paragraph (1) is an inherently governmental function and may not be conducted by a national security laboratory or a contractor of the Administration. The Director may use data collected by such a laboratory or contractor in conducting such a review, evaluation, or cost estimate.

“(3) The Director shall submit in writing to the Administrator the following:

“(A) The certification of the Director with respect to each review, evaluation, and cost estimate conducted under subparagraph (B), (D), or (E) of paragraph (1).

“(B) A statement of the confidence level of the Director with respect to each such review, evaluation, and cost estimate, including an identification of areas of uncertainty in each such review, evaluation, and cost estimate.

“(4) The Administrator shall transmit each review, evaluation, and cost estimate conducted under subparagraph (B), (D), or (E) of paragraph (1) to the congressional defense committees with any additional comments of the Administrator supporting or disputing the review, evaluation, or cost estimate.

“(e) Activities for program evaluation

“(1) The Director shall be responsible for the following activities relating to program evaluation:

“(A) Reviewing and commenting on policies and procedures for setting requirements for the future-years nuclear security program under section 3253 and for prioritizing and estimating the funding required by the Administration for that program.

“(B) Reviewing the future-years nuclear security program on an annual basis to ensure that the program is accurate and thorough.

“(C) Prescribing policies and procedures for initiating analyses of alternatives for major atomic energy defense acquisition programs.

“(D) As part of the planning, programming, and budgeting process of the Administration under sections 3251 and 3252, analyzing the planning phase of that process, preparing programmatic and fiscal year guidance, and managing the program review phase of that process.

“(E) Developing and managing the submittal of the Selected Acquisition Reports and independent cost estimates on nuclear weapons systems undergoing major life extension under section 4217 of the Atomic Energy Defense Act (50 U.S.C. 2537).

“(F) Reviewing cost and schedule baselines for projects under section 4713 of the Atomic Energy Defense Act (50 U.S.C. 2753) and managing notifications to the congressional defense committees of cost overruns under that section.

“(2) A review conducted under paragraph (1)(B) is an inherently governmental function and may not be conducted by a national security laboratory or a contractor of the Administration. The Director may use data collected by such a laboratory or contractor in conducting such a review.

“(3) The Director shall submit to Congress a report on any major programmatic deviations from the future-years nuclear security program discovered in conducting a review under paragraph (1)(B) at or about the time the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, for the next fiscal year.

“(f) Staff—The Administrator shall ensure that the Director has sufficient numbers of personnel who have competence in technical and budgetary matters to carry out the functions required by this section.

“(g) Reports by Director—The Director shall submit to Congress at or about the time that the budget of the President is submitted to Congress pursuant to section 1105(a) of title 31, United States Code, for each of fiscal years 2015 through 2018, a report that includes the following:

“(1) A description of activities related to developing accurate and timely budget formulation conducted by the Director during the calendar year preceding the submission of the report.

“(2) An assessment of efforts to develop accurate cost estimates and analyses, including of technology readiness assessments.

“(3) An assessment of deficiencies in developing an integrated list of requirements for programs and projects of the Administration using available resources.

“(4) A list of all major atomic energy defense acquisition programs and projects covered by Department of Energy Order 413.3 (or a successor order) for the acquisition of capital assets for atomic energy defense activities and a concise description of the status of each such program and project in meeting cost and critical milestones.

“(h) Briefing by Comptroller General of the United States—Not later than 90 days after the Director submits a report to Congress under subsection (g), the Comptroller General of the United States shall brief Congress on the following:

“(1) The assessment of the Comptroller General with respect to the report submitted under subsection (g).

“(2) Recommendations for improving the ability of the Director to perform the functions required by this section, including recommendations with respect to the availability of personnel and resources to carry out those functions.

“(i) Definitions—In this section:

“(1) Major atomic energy defense acquisition program

“(A) In general—Except as provided in subparagraph (B), the term major atomic energy defense acquisition program means an atomic energy defense acquisition program of the Administration—

“(i) the total project cost of which is more than $50,000,000 (based on fiscal year 2012 constant dollars); or

“(ii) the total lifetime cost of which is more than $350,000,000 (based on fiscal year 2012 constant dollars).

“(B) Exclusion of capital assets acquisition projects—The term major atomic energy defense acquisition program does not include a project covered by Department of Energy Order 413.3 (or a successor order) for the acquisition of capital assets for atomic energy defense activities.

“(2) Performance baseline—The term performance baseline, with respect to a major atomic energy defense acquisition program, means the key parameters with respect to performance, scope, cost, and schedule for the project budget of the program.”

(b)
Implementation plan— Not later than 180 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall submit to the congressional defense committees a plan for the implementation of section 3221 of the National Nuclear Security Administration Act, as added by subsection (a), that includes the following:
(1)
An identification of the number of personnel required to support the Director for Cost Estimating and Program Evaluation, the Deputy Director for Cost Estimating, and the Deputy Director for Program Evaluation established under such section 3221.
(2)
A description of the functions of such personnel.
(3)
A plan for training such personnel through entities of the Department of Defense that conduct activities similar to the activities described in such section 3221 on the day before the date of the enactment of this Act.
(4)
An estimate of the time required to hire and train such personnel.
(5)
A plan for developing cost estimation and program evaluation activities jointly with the Department of Defense to the extent practicable and beneficial to both the National Nuclear Security Administration and the Department of Defense.
(c)
Conforming amendment— Section 5315 of title 5, United States Code, is amended by adding at the end the following new item:
(d)
Clerical amendment— The table of contents for the National Nuclear Security Administration Act is amended by inserting after the item relating to section 3220 the following new item:

Sec. 3112 Plan for improvement and integration of financial management of nuclear security enterprise

(a)
In general— Subtitle A of title XLVII of the Atomic Energy Defense Act (50 U.S.C. 2741 et seq.) is amended by adding at the end the following new section:

“4714. Plan for improvement and integration of financial management of nuclear security enterprise

“(a) Plan required

“(1) The Administrator shall develop a plan for improving and integrating the financial management of the nuclear security enterprise.

“(2) The plan required by paragraph (1) shall include the following:

“(A) A structure for the allocation of work to be used by the entities within the nuclear security enterprise for the activities carried out by those entities, including activities for which funds are transferred from the Department of Defense to the Administration.

“(B) A clear and easily understandable cost structure for each entity within the nuclear security enterprise.

“(C) A methodology for identifying costs for programs of record and base capabilities required for programs carried out by the nuclear security enterprise.

“(D) A system for monitoring those programs during the execution of those programs and to provide data to inform oversight of those programs.

“(E) A reporting system to be used by the entities within the nuclear security enterprise to facilitate analyses, projections, and comparisons of similar activities carried out by different entities within the nuclear security enterprise.

“(F) A plan for providing sufficient resources to implement the plan required by paragraph (1).

“(3) The Administrator shall submit the plan required by paragraph (1) to the congressional defense committees not later than February 15, 2014.

“(4) The Administrator shall implement the plan required by paragraph (1) by not later than the date that is 4 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014.

“(b) Review by Comptroller General of the United States

“(1) Not later than the date that is 4 years and 6 months after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014, the Comptroller General of the United States shall review the implementation of the plan required by subsection (a) and submit to the congressional defense committees a report on the results of the review.

“(2) For the first fiscal year that begins after the submission of the report required by paragraph (1) and each of the 3 fiscal years thereafter, the Comptroller General shall—

“(A) review the implementation of the plan required by subsection (a), with particular attention to elements of the plan that are not fully implemented; and

“(B) not later than 180 days after the end of the fiscal year, submit to the congressional defense committees a report on the results of the review.”

(b)
Clerical amendment— The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4713 the following new item:

Sec. 3113 Certification of security measures at atomic energy defense facilities

(a)
In general— Subtitle A of title XLV of the Atomic Energy Defense Act (50 U.S.C. 2651 et seq.) is amended by adding at the end the following new section:

“4510. Certification of security measures at atomic energy defense facilities

“(a) In general—Not later than January 1, 2014, and every 2 years thereafter, the Secretary of Energy shall—

“(1) review the security measures of each facility specified in subsection (b) that contains Category I or Category II special nuclear material; and

“(2) submit to the congressional defense committees a certification with respect to whether such measures—

“(A) provide for the effective protection of Category I and Category II special nuclear material; and

“(B) meet the standards and regulations of the Department of Energy for the physical protection of facilities and surrounding infrastructure containing such material.

“(b) Facilities specified—The facilities specified in this subsection are the following:

“(1) The national security laboratories.

“(2) The nuclear weapons production facilities.

“(3) The defense nuclear facilities at which defense environmental cleanup activities are occurring.

“(c) Plan for laboratories and facilities that do not meet standards

“(1) If the Secretary determines under subsection (a)(2) that the security measures of a facility specified in subsection (b) do not provide for the effective protection of Category I and Category II special nuclear material or do not meet the standards and regulations described in subsection (b), the Secretary shall develop and implement a plan for ensuring that such measures are improved to provide for effective protection of such material and to meet such standards and regulations in an expeditious manner.

“(2) The Secretary shall submit to the congressional defense committees with the certification required by subsection (a)(2) the following:

“(A) Each plan developed under paragraph (1) with respect to a facility specified in subsection (b).

“(B) An estimate of the time required to ensure that the security measures of that facility provide for effective protection of Category I and Category II special nuclear material and meet the standards and regulations described in subsection (a)(2).

“(C) An assessment of whether it is in the national security interests of the United States to keep that facility in routine operations and, if so, a description of the temporary mitigating measures to be taken to maintain routine operations at the facility.

“(3) Not later than 30 days after the submission of the certification under subsection (a)(2), the Inspector General of the Department of Energy shall submit to the congressional defense committees a report assessing the adequacy and effectiveness of each plan developed under paragraph (1).

“(d) Form of reports—Each certification required by subsection (a)(2) and each plan and report required by subsection (c) shall be submitted in unclassified form, but may include a classified annex.”

(b)
Clerical amendment— The table of contents for such Act is amended by inserting after the item relating to section 4509 the following new item:

Sec. 3114 Plan for incorporating exascale computing into the stockpile stewardship program

(a)
In general— Subtitle A of title XLII of the Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is amended by adding at the end the following new section:

“4219. Plan for incorporating exascale computing into the stockpile stewardship program

“(a) Plan required—The Administrator shall develop and carry out a plan to incorporate exascale computing into the stockpile stewardship program under section 4201 during the 20-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014.

“(b) Milestones—The plan required by subsection (a) shall include major programmatic milestones in the development of a prototype exascale computer for the stockpile stewardship program.

“(c) Coordination with other agencies—In developing the plan required by subsection (a), the Administrator shall coordinate, as appropriate, with the Under Secretary of Energy for Science, the Secretary of Defense, and elements of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))).

“(d) Inclusion of costs in future-years nuclear security program—The Administrator shall address the costs of incorporating exascale computing into the stockpile stewardship program in the estimated expenditures and proposed appropriations reflected in the future-years nuclear security program submitted under section 3253 of the National Nuclear Security Administration Act (50 U.S.C. 2453).

“(e) Submission to Congress; report

“(1) The Administrator shall submit to the congressional defense committees, at or about the same time the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, in each even-numbered year, the following:

“(A) The plan required by subsection (a).

“(B) A report that describes advances outside the United States in exascale computing for defense and nondefense applications.

“(2) Each plan and report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex if necessary.

“(f) Exascale computing defined—In this section, the term exascale computing means computing through the use of a computing machine that performs near or above 10 to the 18th power floating point operations per second.”

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

Sec. 3115 Integrated plutonium strategy

(a)
In general— Subtitle A of title XLII of the Atomic Energy Defense Act (50 U.S.C. 2521 et seq.), as amended by section 3114, is further amended by adding at the end the following new section:

“4220. Integrated plutonium strategy

“(a) In general—The Administration shall include in the plan required by 4203 a strategy for the integrated management of plutonium for stockpile and stockpile stewardship needs over a 20-year period.

“(b) Elements—The strategy required by subsection (a) shall include the following:

“(1) An assessment of the baseline science issues necessary to understand plutonium aging under static and dynamic conditions under manufactured and nonmanufactured plutonium geometries.

“(2) An assessment of scientific and testing instrumentation for plutonium at elemental and bulk conditions.

“(3) An assessment of manufacturing and handling technology for plutonium and plutonium components.

“(4) An assessment of computational models of plutonium performance under static and dynamic loading, including manufactured and nonmanufactured conditions.

“(5) An identification of any capability gaps with respect to the assessments described in paragraphs (1) through (4).

“(6) An estimate of costs relating to the issues, instrumentation, technology, and models described in paragraphs (1) through (4) over the period covered by the future-years nuclear security program under section 3253 of the National Nuclear Security Administration Act (50 U.S.C. 2453).

“(7) An estimate of the cost of eliminating the capability gaps identified under paragraph (5) over the period covered by the future-years nuclear security program.

“(8) Such other items as the Administrator considers important for the integrated management of plutonium for stockpile and stockpile stewardship needs.

“(c) Review

“(1) The Administrator shall enter into an arrangement with the National Academy of Sciences to review the strategy required by subsection (a).

“(2) The review required by paragraph (1) shall be submitted not later than one year after the submission of the first plan required under section 4203 that includes the strategy required by subsection (a).”

(b)
Clerical amendment— The table of contents for such Act is amended by inserting after the item relating to section 4219, as added by section 3114, the following new item:

Sec. 3116 Authorization of modular building strategy as an alternative to the replacement project for the Chemistry and Metallurgy Research Building, Los Alamos National Laboratory, New Mexico

Section 3114(c) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2171; 50 U.S.C. 2535 note) is amended—
(1)
by striking “No funds” and inserting the following:

“(1) Limitation on use of funds—Except as provided in paragraph (2), no funds”

(2)
by adding at the end the following new paragraphs:

“(2) Use of funds for modular building strategy—The Administrator for Nuclear Security may obligate and expend funds referred to in paragraph (1) for activities relating to a modular building strategy on and after the date that is 30 days after the date on which the Nuclear Weapons Council established under section 179 of title 10, United States Code, notifies the congressional defense committees that—

“(A) the modular building strategy meets requirements for maintaining the nuclear weapons stockpile over a 30-year period;

“(B) in fiscal year 2015, the National Nuclear Security Administration will begin the process of designing and building modular buildings in accordance with Department of Energy Order 413.3 (relating to relating to program management and project management for the acquisition of capital assets); and

“(C) the Administrator will include the costs of the modular building strategy in the estimated expenditures and proposed appropriations reflected in the future-years nuclear security program submitted under section 3253 of the National Nuclear Security Administration Act (50 U.S.C. 2453).

“(3) Modular building strategy defined—In this subsection, the term modular building strategy means an alternative strategy to the replacement project that consists of constructing a series of modular structures, each of which is fully useable, to complement the function of the plutonium facility (PF-4) at Los Alamos National Laboratory, New Mexico, in accordance with all applicable safety and security standards of the Department of Energy.”

Sec. 3117 Increase in construction design threshold

Section 4706(b) of the Atomic Energy Defense Act (50 U.S.C. 2746(b)) is amended by striking “$600,000” both places it appears and inserting “$1,200,000”.

Sec. 3118 Clarification of form of submission of cost estimates on life extension programs and new nuclear facilities

Section 4217(b) of the Atomic Energy Defense Act (50 U.S.C. 2537(b)) is amended by adding at the end the following new paragraph:

“(3) Each cost estimate submitted under this subsection shall be submitted in unclassified form, but may include a classified annex if necessary.”

C Reports

Sec. 3121 Assessment of nuclear nonproliferation programs of the National Nuclear Security Administration

(a)
In general— The Administrator for Nuclear Security shall enter into an arrangement with the National Academy of Sciences to conduct an assessment of existing and future nuclear nonproliferation programs of the National Nuclear Security Administration.
(b)
Elements— The assessment required by subsection (a) shall include an assessment of the following:
(1)
The status of nuclear nonproliferation programs of the National Nuclear Security Administration as of the date of the enactment of this Act.
(2)
Whether those programs are meeting the goals of those programs.
(3)
The extent of the work remaining for those programs to meet those goals.
(4)
Nuclear nonproliferation programs of the National Nuclear Security Administration with countries that have obtained nuclear weapons and are not parties to the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (21 UST 483) (commonly known as the “Nuclear Non-Proliferation Treaty”).
(5)
Nuclear nonproliferation programs of the National Nuclear Security Administration with countries that are non-nuclear weapon state parties to the Nuclear Non-Proliferation Treaty and are acquiring nuclear materials in violation of commitments under the Treaty.
(6)
Nuclear nonproliferation programs to be carried out by the National Nuclear Security Administration during the 10-period beginning on the date of the enactment of this Act.
(c)
Report required— Not later than January 31, 2015, the Administrator shall submit to the congressional defense committees a report containing the results of the assessment required by subsection (a).

Sec. 3122 Modification of reviews relating to cost-benefit analyses of management and operating contracts of the National Nuclear Security Administration

Section 3121(c) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2176) is amended to read as follows:

“(c) Review by Comptroller General of the United States

“(1) In general—The Comptroller General of the United States shall, except as provided in paragraph (2), review reports submitted to the congressional defense committees under subsection (a) or (d)(2) at such times as the Comptroller General, in consultation with such committees, determines appropriate.

“(2) Exception—The Comptroller General may not conduct a review under paragraph (1) of a report relating to a contract to manage and operate a facility of the National Nuclear Security Administration while a protest concerning an alleged violation of a procurement statute or regulation brought under subchapter V of chapter 35 of title 31, United States Code, is pending with respect to that contract.”

Sec. 3123 Modification of deadline for certain reports relating to program on scientific engagement for nonproliferation

Section 3122(c) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2176; 50 U.S.C. 2562 note) is amended—
(1)
in paragraph (1), by striking “15” and inserting “30”;
(2)
by redesignating paragraph (3) as paragraph (4);
(3)
by inserting after paragraph (2) the following new paragraph (3):

“(3) Waiver—The Administrator may waive the requirement under paragraph (1) to submit a report on a modification in the program under subsection (a) not later than 30 days before making the modification if the Administrator—

“(A) determines that the modification is urgent and necessary to the national security interests of the United States; and

“(B) not later than 30 days after making the modification, submits to the appropriate congressional committees—

“(i) the report on the modification required by paragraph (1); and

“(ii) a justification for exercising the waiver authority under this paragraph.”

(4)
in paragraph (4), as redesignated by paragraph (2), by striking “The report under paragraph (1)” and inserting “Each report submitted under paragraph (1) or (3)(B)”.

Sec. 3124 Modification of certain reports on cost containment for uranium capabilities replacement project

Section 3123(f) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2178) is amended—
(1)
in the subsection heading, by striking “quarterly”;
(2)
by striking paragraph (1) and inserting the following new paragraph (1):

“(1) In general—The Comptroller General of the United States shall submit to the congressional defense committees a report on the project referred to in subsection (a)—

“(A) not later than 90 days after the date of the enactment of this Act and every 90 days thereafter through the date that is one year after such date of enactment; and

“(B) after the date that is one year after such date of enactment, at such times as the Comptroller General, in consultation with the congressional defense committees, determines appropriate, taking into consideration the critical decision points of the project (as defined in orders of the Department of Energy).”

(3)
in paragraph (2)—
(A)
in subparagraph (A), by striking “and the progress on meeting the requirements of section 4713 of the Atomic Energy Defense Act (50 U.S.C. 2753)”; and
(B)
in subparagraph (D), by striking “programmatic”.

Sec. 3125 Submission of interim report of Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise

Section 3166(d)(1) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2209) is amended by striking “the date of the enactment of this Act” and inserting “the first meeting of the advisory panel under subsection (b)(5)”.

D Technical corrections

Sec. 3131 Technical corrections to the National Nuclear Security Administration Act

(a)
Administrator for Nuclear Security— Section 3212(c) of the National Nuclear Security Administration Act (50 U.S.C. 2402(c)) is amended by striking “section 16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3))” and inserting “section 1702(c) of title 41, United States Code”.
(b)
Status of Administration and contractor personnel— Section 3220 of such Act (50 U.S.C. 2410) is amended in subsection (a)(1)(A) and subsection (b) by inserting “(42 U.S.C. 7132(c)(3))” after “section 202(c)(3) of the Department of Energy Organization Act”.
(c)
Government access to information and computers— Section 3235(b) of such Act (50 U.S.C. 2425(b)) is amended by inserting “(Public Law 99–508; 100 Stat. 1848)” after “of 1986”.
(d)
Authority to establish certain positions— Section 3241 of such Act (50 U.S.C. 2441) is amended in the last sentence by—
(1)
by striking “excepted positions established” and inserting “positions established”;
(2)
by striking “an excepted position” and inserting “a position”; and
(3)
by striking “nonexcepted position” and inserting “position not established under this section”.
(e)
Separate treatment in budget— Section 3251(a) of such Act (50 U.S.C. 2451(a)) is amended by striking “the Congress” and inserting “Congress”.
(f)
Future-years nuclear security program— Section 3253(b) of such Act (50 U.S.C. 2453(b)) is amended—
(1)
by striking “five-fiscal year” each place it appears and inserting “five-fiscal-year”;
(2)
by striking paragraph (5) and by redesignating paragraph (6) as paragraph (5); and
(3)
in subparagraph (B) of paragraph (5), as redesignated by paragraph (2), by striking “National Nuclear Security”.
(g)
Compliance with Federal Acquisition Regulation— Section 3262 of such Act (50 U.S.C. 2462) is amended by striking “the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)” and inserting “section 1303(a)(1) of title 41, United States Code”.
(h)
Use of capabilities of national security laboratories— Section 3264 of such Act (50 U.S.C. 2464) is amended by inserting “of Energy” after “Secretary”.
(i)
Definitions— Section 3281(2)(F) of such Act (50 U.S.C. 2471(2)(F)) is amended by striking “the Congress” and inserting “Congress”.
(j)
Functions transferred— Section 3291(d)(1) of such Act (50 U.S.C. 2481(d)(1)) is amended by moving the flush text after subparagraph (B) 2 ems to the left.

Sec. 3132 Technical corrections to the Atomic Energy Defense Act

(a)
Definitions—
(1)
In general— Section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501) is amended—
(A)
in the matter preceding paragraph (1), by striking “In this division” and inserting “Except as otherwise provided, in this division”;
(B)
by redesignating paragraphs (5), (6), (7), and (8) as paragraphs (6), (7), (9), and (10), respectively;
(C)
by inserting after paragraph (4) the following new paragraph (5):

“(5) The terms defense nuclear facility and Department of Energy defense nuclear facility have the meaning given the term Department of Energy defense nuclear facility in section 318 of the Atomic Energy Act of 1954 (42 U.S.C. 2286g).”

(D)
by inserting after paragraph (7), as redesignated by subparagraph (B), the following new paragraph (8):

“(8) The term Nuclear Weapons Council means the Nuclear Weapons Council established by section 179 of title 10, United States Code.”

(E)
in paragraph (10), as redesignated by subparagraph (B), by striking “restricted data” and inserting “Restricted Data”.
(2)
Conforming amendments—
(A)
Nuclear weapons stockpile stewardship plan— Section 4203(e)(1) of such Act (50 U.S.C. 2523(e)(1)) is amended in the matter preceding subparagraph (A) by striking “established by section 179 of title 10, United States Code,”.
(B)
Reports on life extension programs— Section 4216(a) of such Act (50 U.S.C. 2536(a)) is amended in the matter preceding paragraph (1) by striking “established by section 179 of title 10, United States Code,”.
(C)
Selected acquisition reports— Section 4217(b) of such Act (50 U.S.C. 2537(b)) is amended in the matter preceding paragraph (1) by striking “established under section 179 of title 10, United States Code,”.
(D)
Advice on nuclear weapons stockpile— Section 4218 of such Act (50 U.S.C. 2538) is amended—
(i)
in subsection (e), by striking “Joint”; and
(ii)
in subsection (f)(1), in the matter preceding subparagraph (A), by striking “established under section 179 of title 10, United States Code,”.
(E)
Reports on permanent closures of defense nuclear facilities— Section 4422(a) of such Act (50 U.S.C. 2602(a)) is amended by striking “(as defined in section 318 of the Atomic Energy Act of 1954 (42 U.S.C. 2286(g))”.
(F)
Prohibition on international inspections— Section 4501(a) of such Act (50 U.S.C. 2651(a)) is amended by striking “restricted data” and inserting “Restricted Data”.
(G)
Review of certain documents before declassification and release— Section 4521 of such Act (50 U.S.C. 2671) is amended by striking “restricted data” each place it appears and inserting “Restricted Data”.
(H)
Protection against inadvertent release of Restricted Data and Formerly Restricted Data— Section 4522 of such Act (50 U.S.C. 2672) is amended by striking subsection (g).
(I)
Definitions— Section 4701 of such Act (50 U.S.C. 2741) is amended—
(i)
by striking paragraph (2); and
(ii)
by redesignating paragraph (3) as paragraph (2).
(J)
Prohibition and report on bonuses to contractors— Section 4802 of such Act (50 U.S.C. 2782) is amended—
(i)
by striking subsection (b); and
(ii)
by redesignating subsection (c) as subsection (b).
(K)
Transfers of real property— Section 4831(f) of such Act (50 U.S.C. 2811(f)) is amended by striking “section:” and all that follows through “(2) The terms” and inserting “section, the terms”.
(b)
Restriction on certain licensing requirement— Section 4103 of such Act (50 U.S.C. 2513) is amended by inserting “; 94 Stat. 3197” after “Public Law 96–540”.
(c)
Nuclear weapons stockpile matters—
(1)
Stockpile stewardship program— Section 4201 of such Act (50 U.S.C. 2521) is amended—
(A)
in subsection (a), in the matter preceding paragraph (1), by striking “for Nuclear Security”; and
(B)
in subsection (b)—
(i)
in paragraph (4)(D), by striking “Nevada national security site” and inserting “Nevada National Security Site”; and
(ii)
in paragraph (5)—
(I)
by striking subparagraphs (A) through (D) and inserting the following new subparagraph (A):

“(A) the nuclear weapons production facilities; and”

(II)
by redesignating subparagraph (E) as subparagraph (B).
(2)
Stockpile management program— Section 4204(a) of such Act (50 U.S.C. 2524(a)) is amended by striking “for Nuclear Security”.
(3)
Annual assessments of nuclear weapons stockpile— Section 4205 of such Act (50 U.S.C. 2525) is amended—
(A)
in subsection (c), by striking “for Nuclear Security”; and
(B)
in subsection (h)—
(i)
in the subsection heading, by striking “Definitions” and inserting “Definition”;
(ii)
by striking “section:” and all that follows through “(2) The term” and inserting “section, the term”; and
(iii)
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by moving such clauses, as so redesignated, 2 ems to the left.
(4)
Nuclear test ban readiness program— Section 4207 of such Act (50 U.S.C. 2527) is amended—
(A)
by striking subsection (a);
(B)
by redesignating subsections (b), (c), and (d) as subsections (a), (b), and (c), respectively;
(C)
in subsection (a), as redesignated by subparagraph (B), by striking “Soviet Union” and inserting “Russian Federation”;
(D)
in subsection (b), as redesignated by subparagraph (B), by striking “subsection (b)” and inserting “subsection (a)”; and
(E)
in subsection (c), as redesignated by subparagraph (B)—
(i)
by striking “subsection (b)” and inserting “subsection (a)”; and
(ii)
by striking “national nuclear weapons laboratories” and inserting “national security laboratories”.
(5)
Requirements for specific request for new or modified nuclear weapons— Section 4209(d) of such Act (50 U.S.C. 2529(d)) is amended by striking “the date of the enactment of this Act” each place it appears and inserting “December 2, 2002”.
(6)
Manufacturing infrastructure— Section 4212 of such Act (50 U.S.C. 2532) is amended—
(A)
in subsection (a)(2), by striking “Review” and inserting “Memorandum”; and
(B)
in subsection (c), by striking “the Congress” and inserting “Congress”.
(7)
Reports on critical difficulties— Section 4213 of such Act (50 U.S.C. 2533) is amended—
(A)
in subsection (a)—
(i)
in the subsection heading, by striking “plants” and inserting “facilities”; and
(ii)
by striking “plant” each place it appears and inserting “facility”; and
(B)
in subsection (d)—
(i)
in the subsection heading, by striking “certification” and inserting “assessment”; and
(ii)
by striking “included with the decision documents” and all that follows through “the President” and inserting “submitted to the President and Congress with the matters required to be submitted under section 4205(f)”.
(8)
Plan for transformation of nuclear security enterprise—
(A)
Repeal— Section 4214 of such Act (50 U.S.C. 2534) is repealed.
(B)
Clerical amendment— The table of contents for such Act is amended by striking the item relating to section 4214.
(9)
Replacement project for Chemistry and Metallurgy Research Building— Section 4215(d)(2) of such Act (50 U.S.C. 2535(d)(2)) is amended by striking “National Nuclear Security”.
(10)
Advice on nuclear weapons stockpile— Section 4218 of such Act (50 U.S.C. 2538), as amended by subsection (a)(2)(D), is further amended—
(A)
by striking subsection (a);
(B)
by redesignating subsections (b) through (g) as subsections (a) through (f), respectively; and
(C)
in subsection (d), as redesignated by subparagraph (B), by striking “(under section 3159 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 42 U.S.C. 7274o))” and inserting “under section 4213”.
(11)
Tritium production program—
(A)
In general— Subsection (b) of section 4233 of such Act (50 U.S.C. 2543) is—
(i)
transferred to the end of section 4231 (50 U.S.C. 2541); and
(ii)
redesignated as subsection (c).
(B)
Conforming repeal— Section 4233 of such Act (50 U.S.C. 2543) is repealed.
(C)
Clerical amendment— The table of contents for such Act is amended by striking the item relating to section 4233.
(d)
Proliferation matters—
(1)
Nonproliferation initiatives and activities—
(A)
Repeal— Section 4302 of such Act (50 U.S.C. 2562) is repealed.
(B)
Clerical amendment— The table of contents for such Act is amended by striking the item relating to section 4302.
(2)
Nuclear Cities Initiative—
(A)
Repeal— Section 4304 of such Act (50 U.S.C. 2564) is repealed.
(B)
Clerical amendment— The table of contents for such Act is amended by striking the item relating to section 4304.
(e)
Defense environmental cleanup—
(1)
Defense environmental cleanup account— Section 4401 of such Act (50 U.S.C. 2581) is amended—
(A)
in the section heading, by striking “restoration and waste management” and inserting “cleanup”;
(B)
in subsection (a), by striking “Restoration and Waste Management” and inserting “Cleanup”; and
(C)
in subsection (b), by striking “environmental restoration and waste management” and inserting “defense environmental cleanup”.
(2)
Future use plans for defense environmental cleanup— Section 4402 of such Act (50 U.S.C. 2582) is amended—
(A)
in the section heading, by striking “environmental management program” and inserting “defense environmental cleanup”;
(B)
in subsection (a), by striking “environmental restoration and waste management” and inserting “defense environmental cleanup”;
(C)
in subsection (b)—
(i)
by striking paragraph (2); and
(ii)
by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively;
(D)
in subsection (c)(2), by striking “for program direction in carrying out environmental restoration and waste management” and inserting “for defense environmental cleanup”;
(E)
by striking subsection (f);
(F)
by redesignating subsections (g) and (h) as subsections (f) and (g), respectively; and
(G)
in paragraph (2) of subsection (g), as redesignated by subparagraph (F)—
(i)
by striking “an environmental restoration or waste management” and inserting “a defense environmental cleanup”; and
(ii)
by striking “environmental restoration and waste management” and inserting “defense environmental cleanup”.
(3)
Future-years defense environmental cleanup plan— Section 4402A of such Act (50 U.S.C. 2582A) is amended—
(A)
in the section heading, by striking “management” and inserting “cleanup”;
(B)
in subsection (a)—
(i)
in the matter preceding paragraph (1), by striking “management” and inserting “cleanup”; and
(ii)
in paragraph (1), by striking “environmental management” and inserting “defense environmental cleanup”; and
(C)
in subsection (b), by striking “management” both places it appears and inserting “cleanup”.
(4)
Integrated fissile materials management plan— Section 4403 of such Act (50 U.S.C. 2583) is amended—
(A)
in subsection (a)(1)—
(i)
by striking “the Office of Fissile Materials Disposition, the Office of Nuclear Energy, and the Office of Defense Programs” and inserting “the Office of Nuclear Energy, and the Administration”; and
(ii)
by striking “storage” and inserting “storage,”; and
(B)
in subsection (b), by striking “March 31, 2000” and inserting “March 31, 2014”.
(5)
Baseline environmental management reports— Section 4404 of such Act (50 U.S.C. 2584) is repealed.
(6)
Accelerated schedule for defense environmental cleanup activities— Section 4405 of such Act (50 U.S.C. 2585) is amended—
(A)
in the section heading, by striking “environmental restoration and waste management” and inserting “defense environmental cleanup”;
(B)
in subsection (a), by striking “environmental restoration and waste management” and inserting “defense environmental cleanup”;
(C)
in subsection (b)—
(i)
by striking paragraph (2); and
(ii)
by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively;
(D)
by striking subsection (c);
(E)
by redesignating subsection (d) as subsection (c); and
(F)
in subsection (c), as redesignated by subparagraph (E)—
(i)
by striking “environmental restoration or waste management” and inserting “defense environmental cleanup”; and
(ii)
by striking “environmental restoration and waste management” and inserting “defense environmental cleanup”.
(7)
Defense environmental cleanup technology program— Section 4406 of such Act (50 U.S.C. 2586) is amended—
(A)
in the section heading, by striking “waste” and inserting “environmental”;
(B)
by striking subsections (b) and (c); and
(C)
by redesignating subsection (d) as subsection (b).
(8)
Report on defense environmental cleanup expenditures— Section 4407 of such Act (50 U.S.C. 2587) is amended—
(A)
in the section heading, by striking “environmental restoration” and inserting “defense environmental cleanup”; and
(B)
by striking “environmental restoration and waste management funds for defense activities” and inserting “defense environmental cleanup funds”.
(9)
Public participation in planning for defense environmental cleanup— Section 4408 of such Act (50 U.S.C. 2588) is amended—
(A)
in the section heading, by striking “environmental restoration and waste management at defense nuclear facilities” and inserting “defense environmental cleanup”;
(B)
by striking “Attorneys General” and inserting “attorneys general”; and
(C)
by striking “environmental restoration and waste management” and inserting “defense environmental cleanup activities”.
(10)
Projects to accelerate closure activities— Section 4421 of such Act (50 U.S.C. 2601) is repealed.
(11)
Reports in connection with closures— Section 4422 of such Act (50 U.S.C. 2602) is amended—
(A)
in subsection (a), as amended by subsection (a)(2)(E)—
(i)
by striking “must” and inserting “shall”; and
(ii)
by striking “environmental remediation and cleanup” and inserting “defense environmental cleanup”; and
(B)
in subsection (b)(2), by striking “environmental restoration and other remediation and cleanup efforts” and inserting “defense environmental cleanup activities”.
(12)
Defense environmental management privatization projects— Subtitle C of title XLIV of such Act (50 U.S.C. 2611) is repealed.
(13)
Hanford waste tank cleanup program— Section 4442(b)(2) of such Act (50 U.S.C. 2622(b)(2)) is amended by striking “responsible for” and all that follows through “aspects” and inserting “responsible for managing all aspects”.
(14)
Funding for termination costs of River Protection Project— Section 4444(2) of such Act (50 U.S.C. 2624(2)) is amended by striking “environmental restoration and waste management” and inserting “defense environmental cleanup”.
(15)
Savannah River Site— Subtitle E of title XLIV of such Act (50 U.S.C. 2631 et seq.) is amended by striking sections 4453A, 4453B, 4453C, and 4453D.
(16)
Conforming amendments— Title XLIV of such Act (50 U.S.C. 2581 et seq.) is amended—
(A)
in the title heading, by striking “environmental restoration and waste management” and inserting “defense environmental cleanup”;
(B)
in the subtitle heading for subtitle A, by striking “environmental restoration and waste management” and inserting “defense environmental cleanup”; and
(C)
by redesignating subtitles D and E as subtitles C and D, respectively.
(17)
Clerical amendment— The table of contents for such Act is amended by striking the items relating to title XLIV and inserting the following new items:
(f)
Safeguards and security matters—
(1)
Restrictions on access to national security laboratories— Section 4502 of such Act (50 U.S.C. 2652) is amended—
(A)
by striking subsections (b), (c), (d), and (e);
(B)
by redesignating subsections (f) and (g) as subsections (b) and (c), respectively; and
(C)
in paragraph (2) of subsection (c), as redesignated by subparagraph (B), by striking “as in effect on January 1, 1999”.
(2)
Counterintelligence polygraph program— Section 4504 of such Act (50 U.S.C. 2654) is amended—
(A)
by striking subsection (d); and
(B)
by redesignating subsection (e) as subsection (d).
(3)
Notice to Congress of certain security and counterintelligence failures— Section 4505(e)(2) of such Act (50 U.S.C. 2656(e)(2)) is amended by striking “the Congress” and inserting “Congress”.
(4)
Report on counterintelligence and security practices— Section 4507(a) of such Act (50 U.S.C. 2658) is amended by striking “the Congress” and inserting “Congress”.
(5)
Amounts for declassification activities— Section 4525 of such Act (50 U.S.C. 2675) is amended by striking subsection (c).
(6)
Responsibility for Defense Programs Emergency Response Program—
(A)
Repeal— Subtitle C of title XLV of such Act (50 U.S.C. 2691) is repealed.
(B)
Clerical amendment— The table of contents for such Act is amended by striking the items relating to subtitle C of title XLV.
(g)
Personnel matters—
(1)
Appointment of certain personnel— Section 4601(a) of such Act (50 U.S.C. 2701(a)) is amended by striking paragraph (4).
(2)
Whistleblower protection program— Section 4602 of such Act (50 U.S.C. 2702) is amended—
(A)
in subsection (l), by striking “Public Law 101–512” and inserting “Public Law 101–12; 103 Stat. 16”; and
(B)
by striking subsection (n).
(3)
Incentives for employees at closure project facilities—
(A)
Repeal— Section 4603 of such Act (50 U.S.C. 2703) is repealed.
(B)
Clerical amendment— The table of contents for such Act is amended by striking the item relating to section 4603.
(4)
Workforce restructuring place— Section 4604 of such Act (50 U.S.C. 2704) is amended—
(A)
in subsection (c)(6)(A), by inserting “(29 U.S.C. 2801 et seq.)” after “of 1998”; and
(B)
in subsection (f)(1), by striking “the 236 H facility at Savannah River, South Carolina; and the Mound Laboratory, Ohio” and inserting “and the 236 H facility at Savannah River, South Carolina”.
(5)
Certificates of commendation— Section 4605(b) of such Act (50 U.S.C. 2705(b)) is amended by striking “Cold War” and inserting “cold war”.
(6)
Executive management training— Section 4621(b)(6) of such Act (50 U.S.C. 2721(b)(6)) is amended by striking “environmental restoration and defense waste management” and inserting “defense environmental cleanup”.
(7)
Stockpile stewardship recruitment and training program— Section 4622 of such Act (50 U.S.C. 2722) is amended—
(A)
in subsection (a), by striking “Sandia” and all that follows through “Los Alamos National Laboratory” and inserting “national security laboratories”; and
(B)
in subsections (b) and (c), by striking “laboratories referred to in subsection (a)(1)” each place it appears and inserting “national security laboratories”.
(8)
Fellowship program— Section 4623(b) of such Act (50 U.S.C. 2723(b)) is amended in the matter preceding paragraph (1) by inserting “either of” after “who are”.
(9)
Worker protection— Section 4641 of such Act (50 U.S.C. 2731) is amended by striking subsection (e).
(10)
Safety oversight and enforcement— Section 4642 of such Act (50 U.S.C. 2732) is amended—
(A)
by striking “(a) Safety at defense nuclear facilities.—”; and
(B)
by striking subsection (b).
(11)
Monitoring workers exposed to hazardous and radioactive substances— Section 4643 of such Act (50 U.S.C. 2733) is amended—
(A)
in subsection (a), by inserting “of Energy” after “Secretary”; and
(B)
in subsection (b)—
(i)
in paragraph (2)(B)—
(I)
by inserting “and Prevention” after “Disease Control”; and
(II)
by striking the semicolon at the end and inserting a period;
(ii)
in paragraph (3)(C), by inserting “and Measurements” after “Radiation Protection”;
(iii)
in paragraph (4)—
(I)
by striking “paragraph (1)(D)” and inserting “paragraph (1)(B)”; and
(II)
by striking “paragraph (1)(E)” and inserting “paragraph (1)”; and
(iv)
in paragraph (5), by striking “paragraph (1)(E)” and inserting “paragraph (1)”.
(12)
Programs relating to exposure on Hanford Reservation— Section 4644(c) of such Act (50 U.S.C. 2734(c)) is amended—
(A)
by striking “the Congress” each place it appears and inserting “Congress”; and
(B)
in paragraph (4), by inserting “and Prevention” after “Disease Control”.
(13)
Notification of nuclear criticality and non-nuclear incidents— Section 4646(a) of such Act (50 U.S.C. 2736(a)) is amended by striking “Energy and” and inserting “Energy or”.
(h)
Budget and financial matters—
(1)
Reprogramming— Section 4702(c) of such Act (50 U.S.C. 2742(c)) is amended by striking “subsection (a)” and insert “this subsection”.
(2)
Transfer of defense environmental cleanup funds— Section 4710 of such Act (50 U.S.C. 2750) is amended—
(A)
in the section heading, by striking “management” and inserting “cleanup”;
(B)
in subsection (a)—
(i)
in the subsection heading, by striking “management” and inserting “cleanup”; and
(ii)
by striking “management” and inserting “cleanup”; and
(C)
in subsection (e)—
(i)
in paragraph (1)—
(I)
by striking “environmental restoration or waste management” and inserting “defense environmental cleanup”; and
(II)
by striking “environmental management” and inserting “environmental cleanup”; and
(ii)
in paragraph (2)—
(I)
by striking “environmental management” and inserting “environmental cleanup”; and
(II)
by striking “environmental restoration and waste management” and inserting “defense environmental cleanup”.
(3)
Transfer of weapons activities funds— Section 4711(d) of such Act (50 U.S.C. 2751(d)) is amended by striking “for Nuclear Security”.
(4)
Notification of cost overruns— Section 4713(a)(3) of such Act (50 U.S.C. 2753(a)(3)) is amended—
(A)
in the paragraph heading, by striking “management” and inserting “cleanup”; and
(B)
in subparagraph (A), by striking “management” and inserting “cleanup”.
(5)
Use of funds for penalties under environmental laws— Section 4721(b)(2) of such Act (50 U.S.C. 2761(b)(2)) is amended by striking “the Congress” and inserting “Congress”.
(6)
Restriction on use of funds to pay certain penalties— Section 4722 of such Act (50 U.S.C. 2762) is amended—
(A)
by inserting “; 94 Stat. 3197” after “Public Law 96–540”; and
(B)
by striking “the Congress” and inserting “Congress”.
(i)
Administrative matters—
(1)
Costs not allowed under covered contracts— Section 4801(b)(1) of such Act (50 U.S.C. 2781(b)(1)) is amended by striking “section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 418b)” and inserting “section 1707 of title 41, United States Code”.
(2)
Contractor liability for certain injuries or loss of property— Section 4803(b)(1) of such Act (50 U.S.C. 2783(b)(1)) is amended by striking “by the Act of March 9, 1920 (46 U.S.C. App. 741–752), or by the Act of March 3, 1925 (46 U.S.C. App. 781–790)” and inserting “or by chapter 309 or 311 of title 46, United States Code”.
(3)
Use of funds for laboratory-directed research and development— Section 4812 of such Act (50 U.S.C. 2792) is amended—
(A)
by striking subsection (b);
(B)
by striking “General Limitations.—(1)” and inserting “Limitation on use of weapons activities funds.—”;
(C)
by striking “(2)” and inserting “(b) Limitation on use of certain other funds.—”; and
(D)
in subsection (b), as redesignated by subparagraph (C)—
(i)
by striking “environmental restoration, waste management, or nuclear materials and facilities stabilization” and inserting “defense environmental cleanup”; and
(ii)
by striking “environmental restoration mission, waste management mission, or materials stabilization mission, as the case may be,” and inserting “defense environmental cleanup mission”.
(4)
Report on laboratory-directed research and development funds—
(A)
In general— Section 4812A of such Act (50 U.S.C. 2793) is amended—
(i)
in the section heading, by striking “Limitation” and inserting “Report”;
(ii)
by striking subsection (a);
(iii)
by striking “(b) Annual report.—(1)” and inserting “(a) Report required.—”;
(iv)
by striking “(2)” and inserting “(b) Preparation of report.—”; and
(v)
by striking “(3)” and inserting “(c) Criteria used in preparation of report.—”.
(B)
Clerical amendment— The table of contents for such Act is amended by striking the item relating to section 4812A and inserting the following new item:
(5)
Critical technology partnerships— Section 4813 of such Act (50 U.S.C. 2794) is amended—
(A)
in subsection (b), by striking “for Nuclear Security”; and
(B)
in subsection (c)—
(i)
in paragraph (1), by striking subparagraph (C) and inserting the following new subparagraph (C):

“(C) that is a defense critical technology (as defined in section 2500 of title 10, United States Code).”

(ii)
in paragraph (3)(B)(iii), by striking “Governments” and insert “governments”.
(6)
Certain transfers of real property— Section 4831 of such Act (50 U.S.C. 2811), as amended by subsection (a)(2)(K), is further amended by striking “Secretary of Energy” each place it appears other than in subsection (a)(1) and inserting “Secretary”.
(7)
Engineering and manufacturing research, development, and demonstration—
(A)
In general— Section 4832 of such Act (50 U.S.C. 2812) is amended in the section heading by striking “plant managers of certain nuclear weapons production plants” and inserting “managers of certain nuclear weapons production facilities”.
(B)
Clerical amendment— The table of contents for such Act is amended by striking the item relating to section 4832 and inserting the following new item:

XXXII Defense Nuclear Facilities Safety Board

Sec. 3201 Authorization

There are authorized to be appropriated for fiscal year 2014, $29,915,000 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.).

XXXV Maritime Administration

Sec. 3501 Maritime Administration

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

Ҥ 109. Maritime administration

“(a) Organization and mission—The Maritime Administration is an administration in the Department of Transportation. The mission of the Maritime Administration is to foster, promote, and develop the merchant maritime industry of the United States.

“(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.”