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

S. 2410 · 113th Congress · Jun 2, 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.

B Program authorizations, restrictions, and limitations

Sec. 3111 Life-cycle cost estimates of certain atomic energy defense capital assets

(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. Life-cycle cost estimates of certain atomic energy defense capital assets

“(a) In general—The Secretary of Energy shall ensure that an independent life-cycle cost estimate under Department of Energy Order 413.3 (relating to program management and project management for the acquisition of capital assets) of each capital asset described in subsection (b) is conducted before the asset achieves critical decision 2 in the acquisition process.

“(b) Capital assets described—A capital asset described in this subsection is an atomic energy defense capital asset—

“(1) the total project cost of which exceeds $100,000,000; and

“(2) the purpose of which is to perform a limited-life, single-purpose mission.

“(c) Independent defined—For purposes of subsection (a), the term independent, with respect to a life-cycle cost estimate of a capital asset, means that the life-cycle cost estimate is prepared by an organization independent of the project sponsor, using the same detailed technical and procurement information as the sponsor, to determine if the life-cycle cost estimate of the sponsor is accurate and reasonable.”

(b)

Clerical amendment— The table of contents for such Act is amended by inserting after the item relating to section 4713 the following new item:

Sec. 3112 Expansion of requirement for independent 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—

(1)

by redesignating subparagraphs (A), (B), and (C) as subparagraphs (B), (C), and (D), respectively;

(2)

by inserting before subparagraph (B), as redesignated by paragraph (1), the following new subparagraph (A):

“(A) Each nuclear weapon system undergoing life extension at the completion of phase 6.1, relating to concept assessment.”

(3)

in subparagraph (D), as redesignated by paragraph (1), by striking “critical decision 2” and inserting “critical decision 1 and before such facility achieves critical decision 2”.

Sec. 3113 Implementation of Phase I of Uranium Capabilities Replacement Project

Section 3123 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2177) is amended by striking subsection (d) and inserting the following new subsection (d):

“(d) Implementation of Phase I

“(1) In general—Critical decision 3 in the acquisition process may not be approved for Phase I (subproject 06–D–141–04) until all processes (or substitute processes) that require Category I and II special nuclear material protection and are actively used to support the stockpile in building 9212—

“(A) are present in the facility to be built under Phase I with a technology readiness level of 7 or higher; or

“(B) can be accommodated in other facilities of the Y–12 National Security Complex with a technology readiness level of 7 or higher.

“(2) Technology readiness level defined—In this subsection, the term technology readiness level has the meaning given that term in Department of Energy Guide 413.3–4A (relating to technology readiness assessment).”

Sec. 3114 Establishment of the Advisory Board on Toxic Substances and Worker Health

(a)

Advisory Board on Toxic Substances and Worker Health— Subtitle B of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l et seq.) is amended by adding at the end the following:

“3632. Advisory Board on Toxic Substances and Worker Health

“(a) Establishment

“(1) Not later than 120 days after the date of the enactment of the Carl Levin National Defense Authorization Act for Fiscal Year 2015, the President shall establish and appoint an Advisory Board on Toxic Substances and Worker Health (in this section referred to as the Board).

“(2) The President shall make appointments to the Board in consultation with organizations with expertise on worker health issues in order to ensure that the membership of the Board reflects a proper balance of perspectives from the scientific, medical, legal, worker, worker families, and worker advocate communities.

“(3) The President shall designate a Chair of the Board from among its members.

“(b) Duties—The Board shall—

“(1) advise the President concerning the review and approval of the site exposure matrix of the Department of Labor;

“(2) conduct periodic peer reviews of, and approve, medical guidance for claims examiners for claims under subtitle E with respect to the weighing of the medical evidence of claimants;

“(3) obtain periodic expert review of evidentiary requirements for claims under this subtitle related to lung disease regardless of approval;

“(4) provide oversight of industrial hygienists and staff physicians and consulting physicians of the Department and their reports to ensure quality, objectivity, and consistency; and

“(5) coordinate exchanges of data and findings with the Advisory Board on Radiation and Worker Health established under section 3624 to the extent necessary.

“(c) Staff and powers

“(1) The President shall appoint a staff to facilitate the work of the Board. The staff of the Board shall be headed by a Director who shall be appointed under subchapter VIII of chapter 33 of title 5, United States Code.

“(2) The President may authorize the detail of employees of Federal agencies to the Board as necessary to enable the Board to carry out its duties under this section. The detail of such personnel may be on a nonreimbursable basis.

“(3) The Board shall have same powers as the Advisory Board on Radiation and Worker Health established under section 3624.

“(4) The Secretary shall employ outside contractors and specialists selected by the Board to support the work of the Board.

“(d) Expenses—Members of the Board, other than full-time employees of the United States, while attending meetings of the Board or while otherwise serving at the request of the President, and while serving away from their homes or regular place of business, shall be allowed travel and meal expenses, including per diem in lieu of subsistence (as authorized by section 5703 of title 5, United States Code) for individuals in the Federal Government serving without pay.

“(e) Security clearances

“(1) The Secretary of Energy shall ensure that the members and staff of the Board, and the contractors performing work in support of the Board, are afforded the opportunity to apply for a security clearance for any matter for which such a clearance is appropriate.

“(2) The Secretary of Energy should, not later than 180 days after receiving a completed application for a security clearance for an individual under this subsection, make a determination of whether or not the individual is eligible for the clearance.

“(3) For fiscal year 2016 and each fiscal year thereafter, the Secretary of Energy shall include in the budget justification materials submitted to Congress in support of the Department of Energy budget for that fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a report specifying the number of applications for security clearances under this subsection, the number of such applications granted, and the number of such applications denied.

“(f) Information—The Secretary of Energy shall, in accordance with law, provide to the Board and the contractors of the Board, access to any information that the Board considers relevant to carry out its responsibilities under this section, including information such as Restricted Data (as defined in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y))) and information covered by section 552a of title 5, United States Code (commonly known as the “Privacy Act”).

“(g) Authorization of appropriations

“(1) In general—There are authorized to be appropriated such sums as may be necessary to carry out this section.

“(2) Treatment as discretionary spending—Amounts appropriated to carry out this section—

“(A) shall not be appropriated to the account established under subsection (a) of section 151 of title I of division B of the Consolidated Appropriations Act, 2001 (Public Law 106–554; 114 Stat. 2763A–251); and

“(B) shall not be subject to subsection (b) of that section.

“(h) Sunset—The Board shall terminate on the date that is 5 years after the date of the enactment of the Carl Levin National Defense Authorization Act for Fiscal Year 2015.”

(b)

Department of Labor response to the Office of the Ombudsman annual report; repeal of sunset date— Section 3686 of such Act (42 U.S.C. 7385s–15) is amended—

(1)

in subsection (e)—

(A)

in paragraph (1), by striking “February 15” and inserting “July 30”; and

(B)

by adding at the end the following:

“(4) Not later than 180 days after the submission to Congress of the annual report under paragraph (1), the Secretary of Labor shall submit to Congress in writing, and post on the public Internet website of the Department of Labor, a response to the report that—

“(A) includes a statement of whether the Secretary agrees or disagrees with the specific issues raised by the Ombudsman in the report;

“(B) if the Secretary agrees with the Ombudsman on those issues, describes the actions to be taken to correct those issue; and

“(C) if the Secretary does not agree with the Ombudsman on those issues, describes the reasons the Secretary does not agree.”

(2)

by striking subsection (h).

(c)

Offset— The amount authorized to be appropriated for fiscal year 2015 by section 3103 for other defense activities and made available as specified in the funding table in section 4701 is hereby decreased by $2,000,000, with the amount of the decrease to be allocated as follows:

(1)

$1,000,000 from the amount available for environmental safety and health.

(2)

$1,000,000 from the amount available for the Office of Legacy Management.

Sec. 3115 Comments of Administrator for Nuclear Security on reports of Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise

Not later than 90 days after receiving a report of the Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise under paragraph (1) or (2) of section 3166(d) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2209), as amended by section 3142 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 1069), the Administrator for Nuclear Security shall submit to the congressional defense committees any comments of the Administrator with respect to the findings, conclusions, and recommendations included in that report.

Sec. 3116 Identification of amounts required for uranium technology sustainment in budget materials for fiscal year 2016

The Administrator for Nuclear Security shall include, in the budget justification materials submitted to Congress in support of the budget of the President for fiscal year 2016 (as submitted to Congress under section 1105(a) of title 31, United States Code), specific identification, as a budgetary line item, of the amounts required for uranium technology sustainment in support of the nuclear weapons stockpile in a manner that minimizes the use of plant-directed research and development funds for full-scale technology development past a technology readiness level of 5 (as defined in Department of Energy Guide 413.3–4A (relating to technology readiness assessment)).

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.).

XXXV Maritime Administration

Sec. 3501 Maritime Administration

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

“§ 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. 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.”