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

S. 2987 · 115th Congress · Jun 5, 2018 · Lineage

C Department of Energy National Security Authorizations and Other Authorizations

XXXI Department of Energy National Security Programs

A National Security Programs and 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 2019 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 2019 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 2019 for other defense activities in carrying out programs as specified in the funding table in section 4701.

Sec. 3104 Nuclear energy

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2019 for nuclear energy as specified in the funding table in section 4701.

B Program Authorizations, Restrictions, and Limitations

Sec. 3111 Clarification of roles and authorities of National Nuclear Security Administration

(a)
Amendments to Department of Energy Organization Act—
(1)
Under Secretary for Nuclear Security— Section 202(c)(3) of the Department of Energy Organization Act (42 U.S.C. 7132(c)(3)) is amended by striking “Act.” and all that follows through “may be delegated” and inserting the following: “Act (50 U.S.C. 2402). In carrying out the functions of the Administrator, the Under Secretary shall be subject to the authority of the Secretary in accordance with section 3219 of that Act (50 U.S.C. 2409). Such authority may be delegated”.
(2)
Establishment of policy— Section 213 of the Department of Energy Organization Act (42 U.S.C. 7144) is amended—
(A)
in subsection (a), by inserting “, acting through the Under Secretary for Nuclear Security,” after “The Secretary”;
(B)
in subsection (b)—
(i)
by striking “programs and activities of the Administration” and inserting “regulations, policies, and activities of the Administration with respect to health and safety” ; and
(ii)
by striking “those programs and activities” and inserting “those regulations, policies, and activities”; and
(C)
by striking subsection (c).
(b)
Amendments to National Nuclear Security Administration Act—
(1)
Administrator for Nuclear Security— Section 3212 of the National Nuclear Security Administration Act (50 U.S.C. 2402) is amended—
(A)
in subsection (b)—
(i)
in the matter preceding paragraph (1), by striking “and activities” and inserting “, policies, regulations, and rules”; and
(ii)
in paragraph (9), by striking the end period and inserting “, subject to the policies of the Department of Energy.”; and
(B)
in subsection (d)—
(i)
by striking “may” and inserting “shall”; and
(ii)
by striking “, unless disapproved by the Secretary of Energy” and inserting “to carry out the mission and functions of the Administration, except as provided by section 3219”.
(2)
General Counsel— Section 3217 of the National Nuclear Security Administration Act (50 U.S.C. 2407) is amended—
(A)
by striking “There is” and inserting the following:

“(a) In general—There is”

(B)
by striking the end period and inserting “and shall report to the Administrator.”; and
(C)
by adding at the end the following new subsection:

“(b) Avoidance of coordination and duplication—The General Counsel shall be independent from and may not duplicate the efforts of the General Counsel of the Department of Energy appointed under section 202(e) of the Department of Energy Organization Act (42 U.S.C. 7132(e)).”

(3)
Staff— Section 3218 of the National Nuclear Security Administration Act (50 U.S.C. 2408) is amended by adding at the end the following new subsections:

“(c) Reporting—The staff of the Administration shall report to the Administrator through the appropriate structures of the Administration.

“(d) Avoidance of coordination and duplication—The staff of the Administration performing functions specified in subsection (b) shall be independent from and may not duplicate the efforts of staff of elements of the Department of Energy other than the Administration that perform functions similar to the functions specified in subsection (b).

“(e) Applicability of prohibition on dual office holding—The prohibition under section 3220(d) shall apply to staff of the Administration performing functions specified in subsection (b).”

(4)
Authority of Secretary—
(A)
In general— Section 3219 of the National Nuclear Security Administration Act (50 U.S.C. 2409) is amended—
(i)
in the section heading, by striking “to modify organization of” and inserting “with respect to”;
(ii)
by striking “Notwithstanding” and inserting the following:

“(a) In general

“(1) The Secretary of Energy, acting through the Administrator, shall be responsible for setting broad priorities for the Administration.

“(2) The Secretary may disapprove any action, policy, regulation, or rule of the Administrator if—

“(A) the Secretary submits to the congressional defense committees justification for such disapproval; and

“(B) a period of 15 days has elapsed following the date on which such justification was submitted.

“(3) Except as provided by this section, the Administrator shall have complete authority to establish and conduct oversight of policies, activities, and procedures of the Administration without direction or oversight by the Secretary.

“(4) The authority of the Secretary under paragraphs (1) and (2) may be delegated only to the Deputy Secretary of Energy, without further redelegation.

“(b) Organization of Administration—Notwithstanding”

(iii)
in subsection (b), as designated by clause (ii), by striking “subsection (b) or (c) of”.
(B)
Clerical amendment— The table of contents for the National Nuclear Security Administration Act is amended by striking the item relating to section 3219 and inserting the following new item:
(5)
Status of personnel— Section 3220 of the National Nuclear Security Administration Act (50 U.S.C. 2410) is amended—
(A)
in subsection (a)—
(i)
in paragraph (1)—
(I)
by striking subparagraph (A); and
(II)
by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and
(ii)
in paragraph (2), by striking the end period and inserting “, except as provided by section 3219.”; and
(B)
in subsection (b), by striking the end period and inserting “and except as provided by section 3219.”.
(6)
Office of Defense Nuclear Security— Section 3232 of the National Nuclear Security Administration Act (50 U.S.C. 2422) is amended—
(A)
in subsection (a), by striking “Secretary of Energy” and all that follows and inserting “Administrator.”; and
(B)
in subsection (b)—
(i)
in paragraph (1), by striking “Secretary and”; and
(ii)
in paragraph (2)—
(I)
by striking “Secretary” and inserting “Secretary of Energy”; and
(II)
by striking “Department” and inserting “Department of Energy”.
(7)
Counterintelligence programs— Section 3233 of the National Nuclear Security Administration Act (50 U.S.C. 2423) is amended—
(A)
in subsection (a), by inserting “, in coordination with the Administrator,” after “Secretary of Energy”; and
(B)
in subsection (b), by inserting “, in coordination with the Administrator,” after “Secretary of Energy”.
(8)
Authorized personnel levels—
(A)
In general— Section 3241A of the National Nuclear Security Administration Act (50 U.S.C. 2441a) is amended—
(i)
in the section heading, by striking “Authorized” and inserting “Annual report on”;
(ii)
by amending subsection (a) to read as follows:

“(a) In general—The Administrator shall include in the budget justification materials submitted to Congress in support of the budget of the Administration for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a report containing the following information as of the date of the report:

“(1) The number of full-time equivalent employees of the Office of the Administrator.

“(2) The number of service support contracts of the Administration and whether such contracts are funded using program or program direction funds.

“(3) The number of full-time equivalent contractor employees working under each contract identified under paragraph (2).

“(4) The number of full-time equivalent contractor employees described in paragraph (3) that have been employed under such a contract for a period greater than two years.

“(5) With respect to each contract identified under paragraph (2)—

“(A) the cost of the contract; and

“(B) identification of the program or program direction accounts that support the contract.”

(iii)
by striking subsection (c);
(iv)
by redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and
(v)
by striking subsection (f).
(B)
Clerical amendment— The table of contents for the National Nuclear Security Administration Act is amended by striking the item relating to section 3241A and inserting the following new item:
(9)
Compliance with Federal Acquisition Regulation— Section 3262 of the National Nuclear Security Administration Act (50 U.S.C. 2462) is amended—
(A)
by striking “The Administrator” and inserting the following:

“(a) In general—The Administrator”

(B)
by inserting “specific to the Administration” after “procedures”; and
(C)
by adding at the end the following new subsection:

“(b) Requirement for procedures—The procedures established under subsection (a) shall be separate from procedures applied to elements of the Department of Energy other than the Administration.”

(10)
Definitions— Section 3281(2)(A) of the National Nuclear Security Administration Act (50 U.S.C. 2471(2)(A)) is amended by striking “Plant” and inserting “National Security Campus”.
(c)
Amendments to Atomic Energy Defense Act—
(1)
Definitions— Section 4002(9)(A) of the Atomic Energy Defense Act (50 U.S.C. 2501(9)(A)) is amended striking “Plant” and inserting “National Security Campus”.
(2)
Stockpile stewardship program— Section 4201(a) of the Atomic Energy Defense Act (50 U.S.C. 2521(a)) is amended by striking “The Secretary, acting through the Administrator,” and inserting “The Administrator”.
(3)
Stockpile stewardship criteria— Section 4202 of the Atomic Energy Defense Act (50 U.S.C. 2522) is amended—
(A)
in subsection (a)—
(i)
by striking “Secretary of Energy” and inserting “Administrator”; and
(ii)
by striking “Department of Energy” and inserting “Administration”; and
(B)
in subsection (b)—
(i)
in the subsection heading, by striking “Secretary” and inserting “Department”;
(ii)
by striking “Secretary of Energy” and inserting “Administrator”; and
(iii)
by striking “Secretary of Defense” and inserting “Chairman of the Nuclear Weapons Council”.
(4)
Stockpile stewardship, management, and responsiveness plan— Section 4203 of the Atomic Energy Defense Act (50 U.S.C. 2523) is amended—
(A)
in subsection (d)(4)(A)(ii), by striking “quadrennial defense review if such strategy has not been submitted as of the date of the plan” and inserting “national defense strategy”;
(B)
in subsection (e)(1)(A)(i), by striking “or the most recent quadrennial defense review, as applicable under subsection (d)(4)(A), and the” and inserting “, the national defense strategy, and the most recent”; and
(C)
in subsection (f)—
(i)
by striking paragraph (4);
(ii)
by redesignating paragraph (3) as paragraph (4); and
(iii)
by inserting after paragraph (2) the following new paragraph (3):

“(3) The term national defense strategy means the review of the defense programs and policies of the United States that is carried out every four years under section 113(g) of title 10, United States Code.”

(5)
Stockpile management program— Section 4204 of the Atomic Energy Defense Act (50 U.S.C. 2524) is amended—
(A)
in subsection (a), in the matter preceding paragraph (1), by striking “Secretary of Energy, acting through the Administrator and in consultation with the Secretary of Defense” and inserting “Administrator, in consultation with the Nuclear Weapons Council”; and
(B)
in subsection (b), in the matter preceding paragraph (1), by striking “Secretary of Energy” and inserting “Administrator”.
(6)
Nuclear test ban readiness program— Section 4207 of the Atomic Energy Defense Act (50 U.S.C. 2527) is amended, in subsections (a) and (c), by striking “Secretary of Energy” and inserting “Administrator”.
(7)
Requirements for specific request for new or modified nuclear weapons— Section 4209 of the Atomic Energy Defense Act (50 U.S.C. 2529) is amended—
(A)
in subsection (a)(1)—
(i)
by striking “Secretary of Energy” and inserting “Administrator”;
(ii)
by striking “Secretary” and inserting “Administrator”; and
(iii)
by striking “in the budget” and all that follows and inserting “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).”;
(B)
in subsection (b), by striking “The Secretary shall include in a request for funds under subsection (a)” and inserting “A request for funds under subsection (a) shall include”; and
(C)
in subsection (c), by striking “Secretary” and inserting “Secretary of Energy”.
(8)
Manufacturing infrastructure for nuclear weapons stockpile— Section 4212 of the Atomic Energy Defense Act (50 U.S.C. 2532) is amended—
(A)
in subsection (a)(1), in the matter preceding subparagraph (A)—
(i)
by striking “Secretary of Energy” and inserting “Administrator”; and
(ii)
by inserting “most recent” before “Nuclear Posture Review”; and
(B)
in subsection (b)—
(i)
in paragraph (2), by striking “Plant” and inserting “National Security Complex”; and
(ii)
in paragraph (4), by striking “Plant” and inserting “National Security Campus”.
(9)
Reports on life extension programs—
(A)
In general— Section 4216 of the Atomic Energy Defense Act (50 U.S.C. 2536) is amended—
(i)
in the section heading, by striking “lifetime” and inserting “life”; and
(ii)
by striking “lifetime” each place it appears and inserting “life”.
(B)
Clerical amendment— The table of contents for the Atomic Energy Defense Act is amended by striking the item relating to section 4216 and inserting the following new item:
(10)
Selected acquisition reports— Section 4217 of the Atomic Energy Defense Act (50 U.S.C. 2537) is amended—
(A)
in subsection (a)(1), by striking “the Secretary of Energy, acting through the Administrator,” and inserting “the Administrator”; and
(B)
in subsection (b)—
(i)
in paragraph (1), in the matter preceding subparagraph (A), by striking “Secretary of Energy, acting through the Administrator,” and inserting “Administrator”; and
(ii)
in paragraph (2)(B), by striking “the Secretary or”.
(11)
Advice on safety, security, and reliability of nuclear weapons stockpile— Section 4218 of the Atomic Energy Defense Act (50 U.S.C. 2538) is amended—
(A)
in subsection (d), by striking “or the Commander of the United States Strategic Command”; and
(B)
in subsection (e)—
(i)
by striking “, a member of the Nuclear Weapons Council, or the Commander of the United States Strategic Command” and inserting “or a member of the Nuclear Weapons Council”; and
(ii)
by striking “member, or Commander” and inserting “or member”.
(12)
Stockpile responsiveness plan— Section 4220(b) of the Atomic Energy Defense Act (50 U.S.C. 2538b(b)) is amended—
(A)
by striking “Secretary of Energy, acting through the Administrator and” and inserting “Administrator,”; and
(B)
by striking “Secretary of Defense” and inserting “Nuclear Weapons Council”.
(13)
Tritium production program— Section 4231 of the Atomic Energy Defense Act (50 U.S.C. 2541) is amended—
(A)
in subsection (a), by striking “Secretary of Energy” and inserting “Administrator”; and
(B)
in subsections (b) and (c), by striking “Secretary” and inserting “Administrator”.
(14)
Modernization and consolidation of tritium recycling facilities— Section 4234 of the Atomic Energy Defense Act (50 U.S.C. 2544) is amended, in the matter preceding paragraph (1), by striking “Secretary of Energy” and inserting “Administrator”.
(15)
Procedures for meeting tritium production requirements— Section 4235 of the Atomic Energy Defense Act (50 U.S.C. 2545) is amended—
(A)
in subsection (a), by striking “Secretary of Energy” and inserting “Administrator”;
(B)
in subsection (b), by striking “Secretary” and inserting “Administrator”; and
(C)
by striking subsection (c).
(16)
Certification of status of security of facilities— Section 4506 of the Atomic Energy Defense Act (50 U.S.C. 2657) is amended—
(A)
in subsection (a)—
(i)
in paragraph (1)—
(I)
in the matter preceding subparagraph (A)—
(aa)
by striking “September 30” and inserting “December 31”; and
(bb)
by striking “Secretary of Energy” and inserting “congressional defense committees”; and
(II)
in subparagraph (B), by striking “and the Department of Energy”;
(ii)
in paragraph (2), by striking “to the Secretary”; and
(iii)
by striking paragraph (3); and
(B)
in subsection (b)(1), in the matter preceding subparagraph (A), by striking “December 1 of each even-numbered year, the Secretary” and inserting “December 31 of each even-numbered year, the Secretary of Energy”.
(17)
Certificates of commendation for exemplary service—
(A)
In general— Section 4605 of the Atomic Energy Defense Act (50 U.S.C. 2705) is amended—
(i)
in the section heading, by striking “Department of Energy” and inserting “Administration”;
(ii)
in subsection (a)—
(I)
by striking “Department of Energy” and inserting “Administration”;
(II)
by striking “a Department” and inserting “an Administration”; and
(III)
by striking “the Department” each place it appears and inserting “the Administration”; and
(iii)
in subsection (c)—
(I)
in the subsection heading, by striking “Department of Energy” and inserting “Administration”; and
(II)
by striking “Department of Energy” each place it appears and inserting “Administration”.
(B)
Clerical amendment— The table of contents for the Atomic Energy Defense Act is amended by striking the item relating to section 4605 and inserting the following:
(18)
Executive management training— Section 4621 of the Atomic Energy Defense Act (50 U.S.C. 2721) is amended—
(A)
in subsection (a)—
(i)
by inserting “and the Administrator” after “Secretary of Energy”; and
(ii)
by inserting “and the Administration” after “Department of Energy”; and
(B)
in subsection (b)(1), by inserting “and Administration” after “Department of Energy”.
(19)
Stockpile stewardship recruitment and training program— Section 4622 of the Atomic Energy Defense Act (50 U.S.C. 2722) is amended—
(A)
in subsection (a), by striking “Secretary of Energy” and inserting “Administrator”; and
(B)
in subsection (c), by striking “Secretary” and inserting “Administrator”.
(20)
Fellowship program— Section 4623 of the Atomic Energy Defense Act (50 U.S.C. 2723) is amended—
(A)
in subsection (a)—
(i)
by striking “Secretary of Energy” and inserting “Administrator”; and
(ii)
by striking “Secretary” and inserting “Administrator”;
(B)
in subsection (b)(1), by striking “Department of Energy” and inserting “Administration”;
(C)
in subsections (c) and (d), by striking “Secretary” and inserting “Administrator”;
(D)
in subsection (e), by striking “Secretary” and all that follows through “Defense Programs,” and inserting “Administrator shall”; and
(E)
in subsection (f)—
(i)
in paragraph (1), by striking “Secretary” and inserting “Administrator”; and
(ii)
in paragraph (2), by striking “Secretary of Energy” and inserting “Administrator”.
(21)
Transfer of weapons activities funds— Section 4711 of the Atomic Energy Defense Act (50 U.S.C. 2751) is amended—
(A)
in subsection (a)—
(i)
by striking “Secretary of Energy” and inserting “Administrator”; and
(ii)
by striking “Department of Energy” and inserting “Administration”;
(B)
in subsection (d), by striking “Secretary, acting through the Administrator,” and inserting “Administrator”; and
(C)
in subsection (e)(1)—
(i)
by striking “Department of Energy” and inserting “Administration”; and
(ii)
by striking “Department” and inserting “Administration”.
(22)
Notification of cost overruns— Section 4713(c)(2)(B) of the Atomic Energy Defense Act (50 U.S.C. 2753(c)(2)(B)) is amended by inserting “or the Administration” after “Department of Energy”.
(23)
Life-cycle cost estimates— Section 4714(a) of the Atomic Energy Defense Act (50 U.S.C. 2754(a)) is amended—
(A)
by striking “413.3” and inserting “413.3B”; and
(B)
by inserting “, or a successor order,” after “assets)”.
(24)
Unfunded priorities—
(A)
In general— Section 4716 of the Atomic Energy Defense Act (50 U.S.C. 2756) is amended in the section heading by striking “National Nuclear Security Administration” and inserting “Administration”.
(B)
Clerical amendment— The table of contents for the Atomic Energy Defense Act is amended by striking the item relating to section 4716 and inserting the following new item:
(25)
Reviews of capital assets acquisition projects— Section 4733(d)(3)(B) of the Atomic Energy Defense Act (50 U.S.C. 2773(d)(3)(B)) is amended by striking “413.3” and inserting “413.3B”.
(26)
Laboratory-directed research and development programs— Section 4811 of the Atomic Energy Defense Act (50 U.S.C. 2791) is amended—
(A)
in subsection (a), by inserting “or the Administration” after “Department of Energy”;
(B)
in subsection (b)—
(i)
by striking “The Secretary” and inserting “(1) Except as provided by paragraph (2), the Secretary”;
(ii)
by striking “such laboratories” and inserting “government-owned, contractor-operated laboratories funded out of funds available to the Department of Energy”; and
(iii)
by adding at the end the following new paragraph:

“(2) The Administrator shall prescribe regulations for the conduct of laboratory-directed research and development at government-owned, contractor-operated laboratories funded out of funds available to the Administration.”

(C)
in subsection (c)—
(i)
by inserting “or the Administration” after “Department of Energy”; and
(ii)
by inserting “or the Administrator, as applicable,” after “Secretary”.
(27)
Report on use of funds for research and development— Section 4812A of the Atomic Energy Defense Act (50 U.S.C. 2793) is amended—
(A)
in subsection (a)—
(i)
in the subsection heading, by striking “required” and inserting “of Secretary of Energy”; and
(ii)
in the second sentence, by striking “national security mission of the Department of Energy” and inserting “defense environmental cleanup and other defense missions of the Department of Energy (other than the national security mission of the Administration)”;
(B)
by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and
(C)
by inserting after subsection (a) the following new subsection (b):

“(b) Report of Administrator—The Administrator shall submit to the congressional defense committees, with the report of the Secretary required by subsection (a), a report on the funds expended during the preceding fiscal year on activities under the laboratory-directed research and development program of the Administration. The purpose of the report is to permit an assessment of the extent to which such activities support the national security mission of the Administration.”

Sec. 3112 National Nuclear Security Administration Personnel System

(a)
In general— Subtitle C of the National Nuclear Security Administration Act (50 U.S.C. 2441 et seq.) is amended by adding at the end the following new section:

“3248. Alternative personnel system

“(a) In general—The Administrator may adapt the pay banding and performance-based pay adjustment demonstration project carried out by the Administration under the authority provided by section 4703 of title 5, United States Code, into a permanent alternative personnel system for the Administration (to be known as the “National Nuclear Security Administration Personnel System”) and implement that system with respect to employees of the Administration.

“(b) Modifications—In adapting the demonstration project described in subsection (a) into a permanent alternative personnel system, the Administrator—

“(1) may, subject to paragraph (2), revise the requirements and limitations of the demonstration project to the extent necessary; and

“(2) shall—

“(A) ensure that the permanent alternative personnel system is carried out in a manner consistent with the final plan for the demonstration project published in the Federal Register on December 21, 2007 (72 Fed. Reg. 72776);

“(B) ensure that significant changes in the system not take effect until revisions to the plan for the demonstration project are approved by the Office of Personnel Management and published in the Federal Register;

“(C) ensure that procedural modifications or clarifications to the final plan for the demonstration project be made through local notification processes;

“(D) authorize, and establish incentives for, employees of the Administration to have rotational assignments among different programs of the Administration, the headquarters and field offices of the Administration, and the management and operating contractors of the Administration; and

“(E) establish requirements for employees of the Administration who are in the permanent alternative personnel system described in subsection (a) to be promoted to senior-level positions in the Administration, including requirements with respect to—

“(i) professional training and continuing education; and

“(ii) a certain number and types of rotational assignments under subparagraph (D), as determined by the Administrator.

“(c) Application to Naval Nuclear Propulsion Program—The Director of the Naval Nuclear Propulsion Program established pursuant to section 4101 of the Atomic Energy Defense Act (50 U.S.C. 2511) and section 3216 of this Act may, with the concurrence of the Secretary of the Navy, apply the alternative personnel system under subsection (a) to—

“(1) all employees of the Naval Nuclear Propulsion Program in the competitive service (as defined in section 2102 of title 5, United States Code); and

“(2) all employees of the Department of Navy who are assigned to the Naval Nuclear Propulsion Program and are in the excepted service (as defined in section 2103 of title 5, United States Code) (other than such employees in statutory excepted service systems).”

(b)
Briefing—
(1)
In general— Not later than 180 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall provide a briefing to the appropriate congressional committees on the implementation of section 3248 of the National Nuclear Security Administration Act, as added by subsection (a).
(2)
Appropriate congressional committees defined— In this subsection, the term appropriate congressional committees means—
(A)
the congressional defense committees;
(B)
the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives; and
(C)
the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives.
(c)
Conforming amendments— Section 3116 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—
(1)
by striking subsection (a);
(2)
by redesignating subsections (b), (c), and (d) as subsections (a), (b), and (c), respectively; and
(3)
in paragraph (1) of subsection (c), as so redesignated—
(A)
in subparagraph (A), by striking “implementation of” and all that follows through “subsection (b)” and inserting “implementation of subsection (a)”; and
(B)
in subparagraph (B), by striking “subsection (c)” and inserting “subsection (b)”.
(d)
Clerical amendment— The table of contents for the National Nuclear Security Administration Act is amended by inserting after the item relating to section 3247 the following new item:

Sec. 3113 Amendments to the Atomic Energy Act of 1954

(a)
Consultations— Section 57 b.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)(2)) is amended by inserting after “the Department of Defense.” the following: “The Department of State, the Nuclear Regulatory Commission, the Department of Commerce, and the Department of Defense shall submit to the Secretary of Energy their comments on the determination of the Secretary under the previous sentence and any information and analysis needed to support their positions.”.
(b)
Delegation of functions— Section 161 of the Atomic Energy Act of 1954 (42 U.S.C. 2201) is amended by striking subsection n. and inserting the following new subsection n.:

“n. delegate to the General Manager or other officers of the Commission—

“(1) the functions assigned to the Commission under section 57 b. on a case-by-case basis consistent with the national security interests of the United States; and

“(2) any of the other functions assigned to the Commission under this Act except those specified in section 51, 61, 108, 123, 145 b. (with respect to the determination of those persons to whom the Commission may reveal Restricted Data in the national interest), 145 f., or 161 a.;”

(c)
Civil penalties— Section 234 a. of the Atomic Energy Act (42 U.S.C. 2282(a)) is amended—
(1)
by striking “57,”; and
(2)
by striking “or (2)” and inserting “(2) violates any provision of section 57, or (3)”.
(d)
Report— Section 3136(e)(2) of the National Defense Authorization Act for Fiscal Year 2016 (42 U.S.C. 2077a(e)(2)) is amended—
(1)
in subparagraph (C), by striking “; and” and inserting a semicolon;
(2)
by redesignating subparagraph (D) as subparagraph (E);
(3)
by inserting after subparagraph (C) the following new subparagraph (D):

“(D) any delegation of the functions under such section 57 b. made under section 161 n.(1) of that Act, including to whom such functions were delegated;”

(4)
in subparagraph (E), as redesignated by paragraph (2), by striking the period at the end and inserting “; and”; and
(5)
by adding at the end the following new subparagraph:

“(F)

“(i) an explanation and justification of any determination under paragraph (2) of such section 57 b. that an authorization to transfer United States civil nuclear technology to a foreign country is not in the interest of the United States, and any conditions placed on such an authorization, including any such determination or conditions resulting from coordination with the Department of State, the Nuclear Regulatory Commission, the Department of Commerce, and the Department of Defense; and

“(ii) an explanation and justification of any extensions of the deadlines established under the procedures required by section 57 b.”

(e)
Sense of Congress— It is the sense of Congress that the Secretary of Energy has the authority to impose civil penalties for violations of section 57 b.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)(2)), any rule, regulation, or order issued under that section, or any term, condition, or limitation of any license or certification issued under that section.
(f)
Regulations— Not later than one year after the date of the enactment of this Act, the Secretary of Energy shall—
(1)
revise the regulations of the Department of Energy to reflect the authority of the Secretary to impose civil penalties for the violations described in subsection (e); or
(2)
submit to Congress a report describing—
(A)
why the Secretary cannot make such revisions; and
(B)
what additional amendments to law would be required to enable the Secretary to do so.

Sec. 3114 Extension of enhanced procurement authority to manage supply chain risk

Section 4806(g)(3) of the Atomic Energy Defense Act (50 U.S.C. 2786(g)(3)) is amended by striking “four” and inserting “10”.

Sec. 3115 Pilot program on conduct by Department of Energy of background reviews for access by certain individuals to national security laboratories

(a)
In general— The Secretary of Energy shall establish a pilot program to assess the feasibility and advisability of conducting background reviews required by section 4502(a) of the Atomic Energy Defense Act (50 U.S.C. 2652(a)) within the Department of Energy.
(b)
Requirements— Under the pilot program established under subsection (a), the Secretary may admit an individual described in section 4502(a) of the Atomic Energy Defense Act (50 U.S.C. 2652(a)) to a facility of a national security laboratory described in that section if, in addition to the conduct of a background review under subsection (a) with respect to that individual—
(1)
the Secretary determines that the admission of that individual to that facility is in the national interest and will further science, technology, and engineering capabilities in support of the mission of the Department of Energy; and
(2)
a security plan is developed and implemented to mitigate the risks associated with the admission of that individual to that facility.
(c)
Roles of Secretary and Director of National Intelligence and Director of Federal Bureau of Investigation—
(1)
Role of Secretary— Under the pilot program under subsection (a), the Secretary shall conduct background reviews for all individuals described in section 4502(a) of the Atomic Energy Defense Act (50 U.S.C. 2652(a)) seeking admission to facilities of national security laboratories described in that section. Such reviews by the Secretary shall be conducted independent of and in addition to background reviews conducted by the Director of National Intelligence and the Director of the Federal Bureau of Investigation under that section.
(2)
Roles of Director of National Intelligence and Director of Federal Bureau of Investigation— Notwithstanding paragraph (1), during the period during which the pilot program established under subsection (a) is being carried out, the Director of National Intelligence and the Director of the Federal Bureau of Investigation shall retain primary responsibility for the conduct of all background reviews required by section 4502(a) of the Atomic Energy Defense Act (50 U.S.C. 2652(a)).
(d)
Termination— The pilot program established under subsection (a) shall terminate on the date that is two years after the date of the enactment of this Act.
(e)
Report required— Not later than 90 days after the date on which the pilot program established under subsection (a) terminates under subsection (d), the Secretary of Energy, in consultation with the Director of National Intelligence and the Director of the Federal Bureau of Investigation, shall submit to the appropriate congressional committees a report on the conduct of background reviews under the pilot program that includes—
(1)
a comparison of the effectiveness of and timelines required for background reviews conducted by the Secretary under the pilot program and background reviews conducted by the Director of National Intelligence and the Director of the Federal Bureau of Investigation under section 4502(a) of the Atomic Energy Defense Act (50 U.S.C. 2652(a)); and
(2)
the number of such reviews conducted for individuals who are citizens or agents of each country on the sensitive countries list referred to in that section.
(f)
Definitions— In this section:
(1)
Appropriate congressional committees— The term appropriate congressional committees means—
(A)
the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
(B)
the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
(2)
National security laboratory— The term national security laboratory has the meaning given that term in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501).

Sec. 3116 Extension of authority for acceptance of contributions for acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide

Section 3132(f)(7) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (50 U.S.C. 2569(f)(7)) is amended by striking “December 31, 2018” and inserting “December 31, 2023”.

Sec. 3117 Modification of limitation on development of low-yield nuclear weapons

(a)
Findings— Congress makes the following findings:
(1)
The global posture of strategic nuclear forces has changed dramatically during the 10 years preceding the date of the enactment of this Act.
(2)
The Government of the Russian Federation—
(A)
is violating 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, signed at Washington December 8, 1987, and entered into force June 1, 1988 (commonly known as the “INF Treaty”);
(B)
is expanding its nuclear delivery systems beyond the limitations provided for under the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011 (commonly known as the “New START Treaty”); and
(C)
has considerable numerical advantages over the United States in tactical nuclear weapons.
(3)
Congress concurs with the findings of the 2018 Nuclear Posture Review.
(4)
United States nuclear forces must adjust to new strategic realities.
(b)
Modification of limitation— Section 3116(c) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1746; 50 U.S.C. 2529 note) is amended by striking “specifically authorized by Congress” and inserting “the Secretary specifically requests funding for the development of that weapon pursuant to section 4209(a) of the Atomic Energy Defense Act (50 U.S.C. 2529(a))”.

Sec. 3118 Prohibition on use of funds for terminating activities at MOX facility

(a)
In general— None of the funds authorized to be appropriated or otherwise made available for the Department of Energy by this Act or any other Act for any fiscal year before fiscal year 2020 may be obligated or expended—
(1)
to terminate construction and project support activities at the MOX facility; or
(2)
to convert the MOX facility to be used for any purpose other than its original mission.
(b)
Definitions— In this section, the terms MOX facility and project support activities have the meanings given those terms in section 3121(c) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).

C Plans and Reports

Sec. 3121 Modifications to cost-benefit analyses for competition of management and operating contracts

Section 3121 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2175), as most recently amended by section 3135 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1207), is further amended—
(1)
by amending subsection (a) to read as follows:

“(a) Reports required—If the Administrator for Nuclear Security awards a new contract to manage and operate a facility of the National Nuclear Security Administration, the Administrator shall submit to the congressional defense committees a report described in subsection (b) with respect to the contract by not later than 30 days after the completion of the period required to transition to the contract.”

(2)
in subsection (b)(3), by inserting “, the costs of the transition to the contract from the previous contract,” after “conducting the competition”; and
(3)
in subsection (d)—
(A)
by amending paragraph (2) to read as follows:

“(2) Comprehensive review

“(A) Determination—Except as provided in paragraph (3), the Comptroller General shall determine, in consultation with the congressional defense committees, whether to conduct a comprehensive review of a report required by subsection (a).

“(B) Submission—The Comptroller General shall submit a comprehensive review conducted under subparagraph (A) of a report required by subsection (a) to the congressional defense committees not later than 3 years after that report is submitted to such committees.

“(C) Elements—A comprehensive review conducted under subparagraph (A) of a report required by subsection (a) shall include an assessment, based on the most current information available, of the following:

“(i) The actual cost savings achieved compared to cost savings estimated under subsection (b)(1), and any increased costs incurred under the contract that were unexpected or uncertain at the time the contract was awarded.

“(ii) Any disruptions or delays in mission activities or deliverables resulting from the competition for the contract compared to the disruptions and delays estimated under subsection (b)(4).

“(iii) Whether expected benefits of the competition with respect to mission performance or operations have been achieved.

“(iv) Such other matters as the Comptroller General considers appropriate.”

(B)
by striking paragraph (3).

Sec. 3122 Review of defense environmental cleanup activities

(a)
In general— The Secretary of Energy shall enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine to conduct a review of the defense environmental cleanup activities of the Office of Environmental Management of the Department of Energy.
(b)
Elements— The review conducted under subsection (a) shall include—
(1)
an assessment of—
(A)
project management practices with respect to the activities described in subsection (a);
(B)
the outcomes of such activities; and
(C)
the appropriateness of the level of engagement and oversight of the Office of Environmental Management with respect to such activities; and
(2)
recommendations with respect to actions to enhance the effectiveness of such activities.

Sec. 3123 Survey of workforce of national security laboratories and nuclear weapons production facilities

(a)
In general— 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 report that includes—
(1)
a detailed proposal for a survey of the workforce of the national security laboratories and nuclear weapons production facilities that is modeled on the Federal Employee Viewpoint Survey of the Office of Personnel Management;
(2)
the determination of the Administrator with respect to whether to implement the survey; and
(3)
if the Administrator determines not to implement the survey, a description of the reasons for that determination.
(b)
Implementation factors— The report required by subsection (a) shall address factors associated with implementation of the survey described in that subsection, including—
(1)
the costs of designing the survey;
(2)
the time required for and the costs of administering the survey and analyzing the data from the survey;
(3)
the periodicity of administering the survey to ascertain trends; and
(4)
any other matters the Administrator considers appropriate.
(c)
Definitions— In this section, the terms national security laboratory and nuclear weapons production facility have the meanings given those terms in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501).

Sec. 3124 Elimination of certain reports

(a)
Report of owner's agent on Hanford Waste Treatment and Immobilization Plant contract— Section 4446 of the Atomic Energy Defense Act (50 U.S.C. 2626) is amended—
(1)
by striking subsection (d); and
(2)
by redesignating subsections (e) and (f) as subsections (d) and (e), respectively.
(b)
Future-years defense environmental management plan—
(1)
In general— Section 4402A of the Atomic Energy Defense Act (50 U.S.C. 2582a) is repealed.
(2)
Clerical amendment— The table of contents for the Atomic Energy Defense Act is amended by striking the item relating to section 4402A.
(c)
Annual certification of shipments to Waste Isolation Pilot Plant— Section 3115 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2759) is repealed.

Sec. 3125 Implementation of Nuclear Posture Review by National Nuclear Security Administration

(a)
Report required— Not later than December 1, 2018, the Administrator for Nuclear Security shall submit to the congressional defense committees a report on the implementation of the 2018 Nuclear Posture Review by the National Nuclear Security Administration.
(b)
Elements— The report required by subsection (a) shall include the following:
(1)
A list of specific actions associated with implementation of the policies set forth in the 2018 Nuclear Posture Review applicable to the National Nuclear Security Administration.
(2)
For each such action—
(A)
an identification of the office within the Administration with responsibility for the action; and
(B)
key milestones for the action.
(3)
A discussion of any challenges to successfully implementing such actions.
(4)
A description of the process established for monitoring the implementation of such actions.
(5)
A description of policy decisions by the Administrator that are necessary to complete the implementation of such actions.

XXXII Defense Nuclear Facilities Safety Board

Sec. 3201 Authorization

There are authorized to be appropriated for fiscal year 2019, $31,243,000 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.

“(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.”

Sec. 3502 Permanent authority of Secretary of Transportation to issue vessel war risk insurance

(a)
In general— Section 53912 of title 46, United States Code, is repealed.
(b)
Clerical amendment— The table of sections at the beginning of chapter 539 of such title is amended by striking the item relating to section 53912.