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

S. 4049 · 116th Congress · Jul 23, 2020 · 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 2021 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 2021 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 project:

Sec. 3103 Other defense activities

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2021 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 2021 for nuclear energy as specified in the funding table in section 4701.

B Budget of the National Nuclear Security Administration

Sec. 3111 Review of adequacy of nuclear weapons budget

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

“4717. Review of adequacy of nuclear weapons budget

“(a) Review of adequacy of Administration budget by Nuclear Weapons Council

“(1) Transmission to Council—The Secretary of Energy shall transmit to the Nuclear Weapons Council (in this section referred to as the “Council”) a copy of the proposed budget request of the Administration for each fiscal year before that budget request is submitted to the Director of the Office of Management and Budget in relation to the preparation of the budget of the President to be submitted to Congress under section 1105(a) of title 31, United States Code.

“(2) Review and determination of adequacy

“(A) Review—The Council shall review each budget request transmitted to the Council under paragraph (1).

“(B) Determination of adequacy

“(i) Inadequate requests—If the Council determines that a budget request for a fiscal year transmitted to the Council under paragraph (1) is inadequate, in whole or in part, to implement the objectives of the Department of Defense with respect to nuclear weapons for that fiscal year, the Council shall submit to the Secretary of Energy a written description of funding levels and specific initiatives that would, in the determination of the Council, make the budget request adequate to implement those objectives.

“(ii) Adequate requests—If the Council determines that a budget request for a fiscal year transmitted to the Council under paragraph (1) is adequate to implement the objectives described in clause (i) for that fiscal year, the Council shall submit to the Secretary of Energy a written statement confirming the adequacy of the request.

“(iii) Records—The Council shall maintain a record of each description submitted under clause (i) and each statement submitted under clause (ii).

“(3) Department of Energy response

“(A) In general—If the Council submits to the Secretary of Energy a written description under paragraph (2)(B)(i) with respect to the budget request of the Administration for a fiscal year, the Secretary shall include as an appendix to the budget request submitted to the Director of the Office of Management and Budget—

“(i) the funding levels and initiatives identified in the description under paragraph (2)(B)(i); and

“(ii) any additional comments the Secretary considers appropriate.

“(B) Transmission to congress—The Secretary of Energy shall transmit to Congress, with the budget justification materials submitted in support of the Department of Energy budget for a fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), a copy of the appendix described in subparagraph (A).

“(b) Review and certification of Department of Energy budget by Nuclear Weapons Council

“(1) In general—At the time the Secretary of Energy submits the budget request of the Department of Energy for that fiscal year to the Director of the Office of Management and Budget in relation to the preparation of the budget of the President, the Secretary shall transmit a copy of the budget request of the Department to the Council.

“(2) Certification—The Council shall—

“(A) review the budget request transmitted to the Council under paragraph (1);

“(B) based on the review under subparagraph (A), make a determination with respect to whether the budget request includes the funding levels and initiatives described in subsection (a)(2)(B)(i); and

“(C) submit to Congress—

“(i)

“(I) a certification that the budget request is adequate to implement the objectives described in subsection (a)(2)(B)(i); or

“(II) a statement that the budget request is not adequate to implement those objectives; and

“(ii) a copy of the written description submitted by the Council to the Secretary under subsection (a)(2)(B)(i), if any.”

(b)
Clerical amendment— The table of contents for such Act is amended by inserting after the item relating to section 4716 the following new item:

C Personnel matters

Sec. 3121 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; 131 Stat. 1888; 50 U.S.C. 2441 note prec) is amended—
(1)
by striking subsections (a) and (d); and
(2)
by redesignating subsections (b) and (c) as subsections (a) and (b), respectively.
(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. 3122 Inclusion of certain employees and contractors of Department of Energy in definition of public safety officer for purposes of certain death benefits

Section 1204(9) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284(9)) is amended—
(1)
in subparagraph (D), by striking “or” at the end;
(2)
in subparagraph (E)(ii), by striking the period at the end and inserting “; or”; and
(3)
by adding at the end the following:

“(F) an employee or contractor of the Department of Energy who—

“(i) is—

“(I) a nuclear materials courier (as defined in section 8331(27) of title 5, United States Code); or

“(II) designated by the Secretary of Energy as a member of an emergency response team; and

“(ii) is performing official duties of the Department, pursuant to a deployment order issued by the Secretary, to protect the public, property, or the interests of the United States by—

“(I) assessing, locating, identifying, securing, rendering safe, or disposing of weapons of mass destruction (as defined in section 1403 of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302)); or

“(II) managing the immediate consequences of a radiological release or exposure.”

Sec. 3123 Reimbursement for liability insurance for nuclear materials couriers

Section 636(c)(2) of division A of the Treasury, Postal Service, and General Government Appropriations Act, 1997 (Public Law 104–208; 5 U.S.C. prec. 5941 note) is amended by striking “or under” and all that follows and inserting the following: “a special agent under section 203 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4823), or a nuclear materials courier (as defined in section 8331(27) of such title 5);”.

Sec. 3124 Transportation and moving expenses for immediate family of deceased nuclear materials couriers

Section 5724d(c)(1) of title 5, United States Code, is amended—
(1)
in subparagraph (B), by striking “; and” and inserting a semicolon; and
(2)
by adding at the end the following:

“(D) any nuclear materials courier, as defined in section 8331(27); and”

Sec. 3125 Extension of authority for appointment of certain scientific, engineering, and technical personnel

Section 4601(c) of the Atomic Energy Defense Act (50 U.S.C. 2701(c)) is amended by striking “September 30, 2020” and inserting “September 30, 2021”.

D Cybersecurity

Sec. 3131 Reporting on penetrations of networks of contractors and subcontractors

(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:

“4511. Reporting on penetrations of networks of contractors and subcontractors

“(a) Procedures for reporting penetrations—The Administrator shall establish procedures that require each contractor and subcontractor to report to the Chief Information Officer when a covered network of the contractor or subcontractor that meets the criteria established pursuant to subsection (b) is successfully penetrated.

“(b) Establishment of criteria for covered networks

“(1) In general—The Administrator shall, in consultation with the officials specified in paragraph (2), establish criteria for covered networks to be subject to the procedures for reporting penetrations under subsection (a).

“(2) Officials specified—The officials specified in this paragraph are the following officials of the Administration:

“(A) The Deputy Administrator for Defense Programs.

“(B) The Associate Administrator for Acquisition and Project Management.

“(C) The Chief Information Officer.

“(D) Any other official of the Administration the Administrator considers necessary.

“(c) Procedure requirements

“(1) Rapid reporting

“(A) In general—The procedures established pursuant to subsection (a) shall require each contractor or subcontractor to submit to the Chief Information Officer a report on each successful penetration of a covered network of the contractor or subcontractor that meets the criteria established pursuant to subsection (b) not later than 60 days after the discovery of the successful penetration.

“(B) Elements—Subject to subparagraph (C), each report required by subparagraph (A) with respect to a successful penetration of a covered network of a contractor or subcontractor shall include the following:

“(i) A description of the technique or method used in such penetration.

“(ii) A sample of the malicious software, if discovered and isolated by the contractor or subcontractor, involved in such penetration.

“(iii) A summary of information created by or for the Administration in connection with any program of the Administration that has been potentially compromised as a result of such penetration.

“(C) Avoidance of delays in reporting—If a contractor or subcontractor is not able to obtain all of the information required by subparagraph (B) to be included in a report required by subparagraph (A) by the date that is 60 days after the discovery of a successful penetration of a covered network of the contractor or subcontractor, the contractor or subcontractor shall—

“(i) include in the report all information available as of that date; and

“(ii) provide to the Chief Information Officer the additional information required by subparagraph (B) as the information becomes available.

“(2) Access to equipment and information by Administration personnel—Concurrent with the establishment of the procedures pursuant to subsection (a), the Administrator shall establish procedures to be used if information owned by the Administration was in use during or at risk as a result of the successful penetration of a covered network—

“(A) in order to—

“(i) in the case of a penetration of a covered network of a management and operating contractor, enhance the access of personnel of the Administration to Government-owned equipment and information; and

“(ii) in the case of a penetration of a covered network of a contractor or subcontractor that is not a management and operating contractor, facilitate the access of personnel of the Administration to the equipment and information of the contractor or subcontractor; and

“(B) which shall—

“(i) include mechanisms for personnel of the Administration to, upon request, obtain access to equipment or information of a contractor or subcontractor necessary to conduct forensic analysis in addition to any analysis conducted by the contractor or subcontractor;

“(ii) provide that a contractor or subcontractor is only required to provide access to equipment or information as described in clause (i) to determine whether information created by or for the Administration in connection with any program of the Administration was successfully exfiltrated from a network of the contractor or subcontractor and, if so, what information was exfiltrated; and

“(iii) provide for the reasonable protection of trade secrets, commercial or financial information, and information that can be used to identify a specific person.

“(3) Dissemination of information—The procedures established pursuant to subsection (a) shall allow for limiting the dissemination of information obtained or derived through such procedures so that such information may be disseminated only to entities—

“(A) with missions that may be affected by such information;

“(B) that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;

“(C) that conduct counterintelligence or law enforcement investigations; or

“(D) for national security purposes, including cyber situational awareness and defense purposes.

“(d) Definitions—In this section:

“(1) Chief Information Officer—The term Chief Information Officer means the Associate Administrator for Information Management and Chief Information Officer of the Administration.

“(2) Contractor—The term contractor means a private entity that has entered into a contract or contractual action of any kind with the Administration to furnish supplies, equipment, materials, or services of any kind.

“(3) Covered network—The term covered network includes any network or information system that accesses, receives, or stores—

“(A) classified information; or

“(B) sensitive unclassified information germane to any program of the Administration, as determined by the Administrator.

“(4) Subcontractor—The term subcontractor means a private entity that has entered into a contract or contractual action with a contractor or another subcontractor to furnish supplies, equipment, materials, or services of any kind in connection with another contract in support of any program of the Administration.”

(b)
Clerical amendment— The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4510 the following new item:

Sec. 3132 Clarification of responsibility for cybersecurity of National Nuclear Security Administration facilities

(a)
Establishment of Chief Information Officer— Subtitle B of the National Nuclear Security Administration Act (50 U.S.C. 2421 et seq.) is amended by adding at the end the following new section:

“3237. Chief Information Officer

“There is within the Administration a Chief Information Officer, who shall be—

“(1) appointed by the Administrator; and

“(2) responsible for the development and implementation of cybersecurity for all facilities of the Administration.”

(b)
Conforming amendment— Section 3232(b)(3) of the National Nuclear Security Administration Act (50 U.S.C. 2422(b)(3)) is amended by striking “and cyber”.
(c)
Clerical amendment— The table of contents for the National Nuclear Security Administration Act is amended by inserting after the item relating to section 3236 the following new item:

E Defense Environmental Cleanup

Sec. 3141 Public statement of environmental liabilities for facilities undergoing defense environmental cleanup

(a)
In general— Subtitle A of title XLIV of the Atomic Energy Defense Act (50 U.S.C. 2581 et seq.) is amended by adding at the end the following new section:

“4410. Public statement of environmental liabilities

“Each year, at the same time that the Department of Energy submits its annual financial report under section 3516 of title 31, United States Code, the Secretary of Energy shall make available to the public a statement of environmental liabilities, as calculated for the most recent audited financial statement of the Department under section 3515 of that title, for each defense nuclear facility at which defense environmental cleanup activities are occurring.”

(b)
Clerical amendment— The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4409 the following new item:

Sec. 3142 Inclusion of missed milestones in future-years defense environmental cleanup plan

Section 4402A(b)(3) of the Atomic Energy Defense Act (50 U.S.C. 2582A(b)(3)) is amended by adding at the end the following:

“(D) For any milestone that has been missed, renegotiated, or postponed, a statement of the current milestone, the original milestone, and any interim milestones.”

Sec. 3143 Classification of defense environmental cleanup as capital asset projects or operations activities

(a)
In general— The Assistant Secretary of Energy for Environmental Management, in consultation with other appropriate officials of the Department of Energy, shall establish requirements for the classification of defense environmental cleanup projects as capital asset projects or operations activities.
(b)
Report required— Not later than March 1, 2021, the Assistant Secretary shall submit to the congressional defense committees a report—
(1)
setting forth the requirements established under subsection (a); and
(2)
assessing whether any ongoing defense environmental cleanup projects should be reclassified based on those requirements.

Sec. 3144 Continued analysis of approaches for supplemental treatment of low-activity waste at Hanford Nuclear Reservation

(a)
In general— Not later than 120 days after the date of the enactment of this Act, the Secretary of Energy shall enter into an arrangement with a federally funded research and development center to conduct a follow-on analysis to the analysis required by section 3134 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2769) with respect to approaches for treating the portion of low-activity waste at the Hanford Nuclear Reservation, Richland, Washington, intended for supplemental treatment.
(b)
Comparison of alternatives to aid decisionmaking— The analysis required by subsection (a) shall be designed, to the greatest extent possible, to provide decisionmakers with the ability to make a direct comparison between approaches for the supplemental treatment of low-activity waste at the Hanford Nuclear Reservation based on criteria that are relevant to decisionmaking and most clearly differentiate between approaches.
(c)
Elements— The analysis required by subsection (a) shall include an assessment of the following:
(1)
The most effective potential technology for supplemental treatment of low-activity waste that will produce an effective waste form, including an assessment of the following:
(A)
The maturity and complexity of the technology.
(B)
The extent of previous use of the technology.
(C)
The life cycle costs and duration of use of the technology.
(D)
The effectiveness of the technology with respect to immobilization.
(E)
The performance of the technology expected under permanent disposal.
(2)
The differences among approaches for the supplemental treatment of low-activity waste considered as of the date of the analysis.
(3)
The compliance of such approaches with the technical standards described in section 3134(b)(2)(D) of section 3134 of the National Defense Authorization Act for Fiscal Year 2017.
(4)
The differences among potential disposal sites for the waste form produced through such treatment, including mitigation of radionuclides, including technetium-99, selenium-79, and iodine-129, on a system level.
(5)
Potential modifications to the design of facilities to enhance performance with respect to disposal of the waste form to account for the following:
(A)
Regulatory compliance.
(B)
Public acceptance.
(C)
Cost.
(D)
Safety.
(E)
The expected radiation dose to maximally exposed individuals over time.
(F)
Differences among disposal environments.
(6)
Approximately how much and what type of pretreatment is needed to meet regulatory requirements regarding long-lived radionuclides and hazardous chemicals to reduce disposal costs for radionuclides described in paragraph (4).
(7)
Whether the radionuclides can be left in the waste form or economically removed and bounded at a system level by the performance assessment of a potential disposal site and, if the radionuclides cannot be left in the waste form, how to account for the secondary waste stream.
(8)
Other relevant factors relating to the technology described in paragraph (1), including the following:
(A)
The costs and risks in delays with respect to tank performance over time.
(B)
Consideration of experience with treatment methods at other sites and commercial facilities.
(C)
Outcomes of the test bed initiative of the Office of Environmental Management at the Hanford Nuclear Reservation.
(d)
Review, consultation, submission, and limitations— The provision of subsections (c) through (f) of section 3134 of the National Defense Authorization Act for Fiscal Year 2017 shall apply with respect to the analysis required by subsection (a) to the same extent and in the same manner that such provisions applied with respect to the analysis required by subsection (a) of such section 3134, except that subsection (e) of such section shall be applied and administered by substituting “the date of the enactment of the National Defense Authorization Act for Fiscal Year 2021” for “the date of the enactment of this Act” each place it appears.

F Other Matters

Sec. 3151 Modifications to enhanced procurement authority to manage supply chain risk

Section 4806 of the Atomic Energy Defense Act (50 U.S.C. 2786) is amended—
(1)
in subsections (a) and (c), by inserting “or special exclusion action” after “covered procurement action” each place it appears;
(2)
by redesignating subsections (e) and (f) as subsections (f) and (g), respectively;
(3)
by inserting after subsection (d) the following new subsection (e):

“(e) Delegation of authority—The Secretary may delegate the authority under this section to—

“(1) in the case of the Administration, the Administrator; and

“(2) in the case of any other component of the Department of Energy, the Senior Procurement Executive of the Department.”

(4)
in subsection (f), as redesignated by paragraph (2)—
(A)
by redesignating paragraph (6) as paragraph (7); and
(B)
by inserting after paragraph (5) the following new paragraph (6):

“(6) Special exclusion action—The term special exclusion action means an action to prohibit, for a period not to exceed two years, the award of any contracts or subcontracts by the Administration or any other component of the Department of Energy related to any covered system to a source the Secretary determines to represent a supply chain risk.”

Sec. 3152 Prohibition on use of laboratory- or production facility-directed research and development funds for general and administrative overhead costs

Section 4811 of the Atomic Energy Defense Act (50 U.S.C. 2791), as amended by section 3152, is further amended—
(1)
by redesignating subsection (d) as subsection (e); and
(2)
by inserting after subsection (c) the following new subsection (d):

“(d) Prohibition on use of funds for overhead—Funds provided to a national security laboratory or nuclear weapons production facility for laboratory- or production facility-directed research and development may not be used to cover the costs of general and administrative overhead for the laboratory or facility.”

Sec. 3153 Monitoring of industrial base for nuclear weapons components, subsystems, and materials

(a)
Designation of official— Not later than March 1, 2021, the Administrator for Nuclear Security shall designate a senior official within the National Nuclear Security Administration to be responsible for monitoring the industrial base that supports the nuclear weapons components, subsystems, and materials of the Administration, including—
(1)
the consistent monitoring of the current status of the industrial base;
(2)
tracking of industrial base issues over time; and
(3)
proactively identifying gaps or risks in specific areas relating to the industrial base.
(b)
Provision of resources— The Administrator shall ensure that the official designated under subsection (a) is provided with resources sufficient to conduct the monitoring required by that subsection.
(c)
Consultations— The Administrator, acting through the official designated under subsection (a), shall, to the extent practicable and beneficial, in conducting the monitoring required by that subsection, consult with—
(1)
officials of the Department of Defense who are members of the Nuclear Weapons Council established under section 179 of title 10, United States Code;
(2)
officials of the Department of Defense responsible for the defense industrial base; and
(3)
other components of the Department of Energy that rely on similar components, subsystems, or materials.
(d)
Briefings—
(1)
Initial briefing— Not later than April 1, 2021, the Administrator shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the designation of the official required by subsection (a), including on—
(A)
the responsibilities assigned to that official; and
(B)
the plan for providing that official with resources sufficient to conduct the monitoring required by subsection (a).
(2)
Subsequent briefings— Not later than April 1, 2022, and annually thereafter through 2024, the Administrator shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on activities carried out under this section that includes an assessment of the progress made by the official designated under subsection (a) in conducting the monitoring required by that subsection.

Sec. 3154 Prohibition on use of funds for advanced naval nuclear fuel system based on low-enriched uranium

(a)
In general— None of the funds authorized to be appropriated for the National Nuclear Security Administration for fiscal year 2021 may be obligated or expended to conduct research and development of an advanced naval nuclear fuel system based on low-enriched uranium until the following certifications are submitted to the congressional defense committees:
(1)
A joint certification of the Secretary of Energy and the Secretary of Defense that the determination made by the Secretary of Energy and the Secretary of the Navy pursuant to section 3118(c)(1) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1196) and submitted to the congressional defense committees on March 25, 2018, that the United States should not pursue such research and development, no longer reflects the policy of the United States.
(2)
A certification of the Secretary of the Navy that an advanced naval nuclear fuel system based on low-enriched uranium would not reduce vessel capability, increase expense, or reduce operational availability as a result of refueling requirements.
(b)
Report required— Not later than 60 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall submit to the congressional defense committees a report on activities conducted using amounts made available for fiscal year 2020 for nonproliferation fuels development, including a description of progress made toward technological or nonproliferation goals.

Sec. 3155 Authorization of appropriations for W93 nuclear warhead program

In accordance with section 4209(a)(1)(B) of the Atomic Energy Defense Act (50 U.S.C. 2529(a)(1)(B)), funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2021 for the W93 nuclear warhead program as specified in the funding table in section 4701.

Sec. 3156 Review of future of computing beyond exascale at the National Nuclear Security Administration

(a)
In general— The Administrator for Nuclear Security, in consultation with the Secretary of Energy, shall enter into an agreement with the National Academy of Science to review the future of computing beyond exascale computing to meet national security needs at the National Nuclear Security Administration.
(b)
Elements— The review required by subsection (a) shall address the following:
(1)
Future computing needs of the National Nuclear Security Administration that exascale computing will not accomplish during the 20 years after the date of the enactment of this Act.
(2)
Computing architectures that potentially can meet those needs, including—
(A)
classical computing architectures employed as of such date of enactment;
(B)
quantum computing architectures and other novel computing architectures;
(C)
hybrid combinations of classical and quantum computing architectures; and
(D)
other architectures as necessary.
(3)
The development of software for the computing architectures described in paragraph (2).
(4)
The maturity of the computing architectures described in paragraph (2) and the software described in paragraph (3), with key obstacles that must be overcome for the employment of such architectures and software.
(5)
The secure industrial base that exists as of the date of the enactment of this Act to meet the unique needs of computing at the National Nuclear Security Administration, including needs with respect to—
(A)
personnel;
(B)
microelectronics; and
(C)
other appropriate matters.
(c)
Information and clearances— The Administrator shall ensure that personnel of the National Academy of Sciences overseeing the implementation of the agreement required by subsection (a) or conducting the review required by that subsection receive, in a timely manner, access to information and necessary security clearances to enable the conduct of the review.
(d)
Report required—
(1)
In general— Not later than 2 years after the date of the enactment of this Act, the National Academy of Sciences shall submit to the congressional defense committees a report on the findings of the review required by subsection (a).
(2)
Form— The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
(e)
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.

Sec. 3157 Application of requirement for independent cost estimates and reviews to new nuclear weapon systems

Section 4217(b)(1) of the Atomic Energy Defense Act (50 U.S.C. 2537(b)(1)) is amended—
(1)
in subparagraph (A)—
(A)
in clause (i), by inserting “, and each new nuclear weapon system at the completion of phase 2A” after “phase 6.2A”;
(B)
in clause (ii), by inserting “, and each new nuclear weapon system at the completion of phase 3” after “phase 6.3”; and
(C)
in clause (iii)—
(i)
by inserting “, and each new nuclear weapon system at the completion of phase 4” after “phase 6.4”; and
(ii)
by inserting “or 5, as applicable” after “phase 6.5”; and
(2)
in subparagraph (B), by inserting “, and each new nuclear weapon system at the completion of phase 2” after “phase 6.2”.

Sec. 3158 Extension and expansion of limitations on importation of uranium from Russian Federation

(a)
In general— Section 3112A of the USEC Privatization Act (42 U.S.C. 2297h–10a) is amended—
(1)
in subsection (a)—
(A)
by redesignating paragraph (7) as paragraph (8); and
(B)
by inserting after paragraph (6) the following:

“(7) Suspension Agreement—The term Suspension Agreement has the meaning given that term in section 3102(13).”

(2)
in subsection (b)—
(A)
by striking “United States to support” and inserting the following: “United States—

“(1) to support”

(B)
by striking the period at the end and inserting a semicolon; and
(C)
by adding at the end the following:

“(2) that reliance on uranium imports raises significant national security concerns;

“(3) to revive and strengthen the supply chain for nuclear fuel produced and used in the United States; and

“(4) to expand production of nuclear fuel in the United States.”

(3)
in subsection (c)—
(A)
in paragraph (2)—
(i)
in the matter preceding subparagraph (A), by striking “After” and inserting “Except as provided in subparagraph (B), after”;
(ii)
in subparagraph (A)—
(I)
in clause (vi), by striking “; and” and inserting a semicolon;
(II)
in clause (vii), by striking the period at the end and inserting a semicolon; and
(III)
by adding at the end the following:

“(viii) in calendar year 2021, 422,038 kilograms;

“(ix) in calendar year 2022, 415,573 kilograms;

“(x) in calendar year 2023, 409,445 kilograms;

“(xi) in calendar year 2024, 404,469 kilograms;

“(xii) in calendar year 2025, 399,241 kilograms;

“(xiii) in calendar year 2026, 393,985 kilograms;

“(xiv) in calendar year 2027, 389,656 kilograms;

“(xv) in calendar year 2028, 389,656 kilograms;

“(xvi) in calendar year 2029, 384,905 kilograms;

“(xvii) in calendar year 2030, 375,882 kilograms;

“(xviii) in calendar year 2031, 372,171 kilograms;

“(xix) in calendar year 2032, 364,694 kilograms;

“(xx) in calendar year 2033, 359,353 kilograms;

“(xxi) in calendar year 2034, 337,344 kilograms; and

“(xxii) in calendar year 2035, 333,296 kilograms.”

(iii)
by redesignating subparagraph (B) as subparagraph (D); and
(iv)
by inserting after subparagraph (A) the following:

“(B) Harmonization with Suspension Agreement

“(i) In general—If, not later than December 31, 2020, the Department of Commerce and the Russian Federation finalize an amendment to the Suspension Agreement to extend the Agreement, the import limitations under subparagraph (A) for a calendar year shall be superceded by any export limitations, including the associated calculation parameters, agreed to by the Department of Commerce as part of that amendment.

“(ii) Termination of Suspension Agreement—If the Suspension Agreement terminates or expires, the import limitations specified in subparagraph (A) shall—

“(I) take effect on the date on which the Suspension Agreement terminates or expires; and

“(II) apply in addition to any antidumping duties imposed pursuant to title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) with respect to low-enriched uranium produced in the Russian Federation.

“(C) Separative work units requirement—Not more than 25 percent of the quantity of low-enriched uranium produced in the Russian Federation and imported under subparagraph (A) in any year may be imported under contracts other than contracts exclusively for separative work units.”

(B)
in paragraph (3), by striking “United States—” and all that follows and inserting the following: “United States for processing and to be certified for reexportation and not for consumption in the United States.”;
(C)
in paragraph (5)—
(i)
in subparagraph (A)—
(I)
by striking “reference data” and all that follows through “2019” and inserting the following: “lower scenario data in the document of the World Nuclear Association entitled “Nuclear Fuel Report: Global Scenarios for Demand and Supply Availability 2019–2040”. In each of calendar years 2023, 2027, and 2031”; and
(II)
by striking “report or a subsequent report” and inserting “document”;
(ii)
by redesignating subparagraphs (B) and (C) as subpagraphs (C) and (D), respectively;
(iii)
by inserting after subparagraph (A) the following:

“(B) Report required—Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2021, and every 3 years thereafter, the Secretary shall submit to Congress a report that includes—

“(i) a recommendation on the use of all publicly available data to ensure accurate forecasting by scenario data to comport to actual demand for low-enriched uranium for nuclear reactors in the United States; and

“(ii) an identification of the steps to be taken to adjust the import limitations described in paragraph (2)(A) based on the most accurate scenario data.”

(iv)
in subparagraph (D), as redesignated by clause (ii), by striking “subparagraph (B)” and inserting “subparagraph (D)”;
(D)
in paragraph (6), in the matter preceding subparagraph (A), by striking “the adjustment under paragraph (5)(A)” and inserting “any adjustment under paragraph (2)(B) or (5)(A)”;
(E)
in paragraph (7)(A), by striking “0.3 percent” and inserting “0.22 percent”;
(F)
in paragraph (9), by striking “2020” and inserting “2035”;
(G)
by striking “(2)(B)” each place it appears and inserting “(2)(D)”; and
(H)
in paragraph (12)(B), by inserting “or the Suspension Agreement” after “the Russian HEU Agreement”.
(b)
Applicability— The amendments made by subsection (a) apply with respect to uranium imported from the Russian Federation on or after January 1, 2021.

Sec. 3159 Integration of stockpile stewardship and nonproliferation missions

(a)
Sense of senate— It is the sense of the Senate that, in recognition of the close relationships between the nuclear weapons expertise and infrastructure of the national security laboratories (as defined in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501)), those laboratories should continue to apply their capabilities to assessing, understanding, and countering current and emerging nuclear threats, including the nuclear capabilities of adversaries of the United States.
(b)
Integration— The Secretary of Energy shall ensure that the capabilities of the stockpile stewardship program under section 4201 of the Atomic Energy Defense Act (50 U.S.C. 2521) are available to assess proliferation challenges, nuclear capabilities of adversaries of the United States, and related safeguards.

Sec. 3160 Technology development and integration program

The Administrator for Nuclear Security shall establish a technology development and integration program to improve the safety and security of the nuclear weapons stockpile, and to prevent proliferation, through research and development, engineering, and integration of technologies applicable to multiple weapons systems in the stockpile.

Sec. 3161 Advanced manufacturing development program

The Administrator for Nuclear Security shall establish an advanced manufacturing development program to focus on the development, demonstration, and deployment of next-generation processes and manufacturing tools to ensure that the nuclear weapons stockpile is safe and secure.

Sec. 3162 Materials science program

The Administrator for Nuclear Security shall establish a materials science program to develop new materials to replace materials that are no longer available for weapons sustainment.

Sec. 3163 Modifications to Inertial Confinement Fusion Ignition and High Yield Program

(a)
In general— The Inertial Confinement Fusion Ignition and High Yield Program of the National Nuclear Security Administration (in this section referred to as the “Program”) shall provide the scientific understanding and experimental capabilities required to validate the safety and effectiveness of the nuclear weapons stockpile.
(b)
Recommendations relating to high energy density physics—
(1)
Establishment of working group— The Administrator for Nuclear Security shall establish a working group to identify and implement any recommendations issued by the National Academies of Sciences, Engineering, and Medicine as required by section 3137 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
(2)
Report required— Not later than March 31, 2021, the Administrator shall submit to the congressional defense committees a report on the timelines for completing implementation of the recommendations described in paragraph (1).

Sec. 3164 Earned value management program for life extension programs

(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:

“4223. Earned value management program for life extension programs

“(a) In general—The Administrator shall establish an earned value management program to establish earned value management standards—

“(1) to ensure specific benchmarks are set for technology readiness for life extension programs; and

“(2) to ensure that appropriate risk mitigation measures are taken to meet the cost and schedule requirements of such programs.

“(b) Review of contractor earned value management systems—The Administrator shall enter into an arrangement with an independent entity under which that entity shall review and determine whether the earned value management standards of contractors of the Administration for life extension programs are consistent with the standards established under subsection (a).

“(c) Reconciliation of cost estimates—The Administrator shall ensure that key decisions of the Administration concerning project milestones in life extension programs are based on a reconciliation of cost estimates of the Administration with any independent cost estimates conducted by the Director of Cost Estimating and Program Evaluation.”

(b)
Clerical amendment— The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4222 the following new item:

Sec. 3165 Use of high performance computing capabilities for COVID–19 research

The Secretary of Energy shall make the unclassified high performance computing capabilities of the Department of Energy available for research relating to the coronavirus disease 2019 (commonly known as “COVID–19”) so long as and to the extent that doing so does not negatively affect the stockpile stewardship mission of the National Nuclear Security Administration.

Sec. 3166 Availability of stockpile responsiveness funds for projects to reduce time necessary to execute a nuclear test

From amounts authorized to be appropriated by section 3101 and available, as specified in the funding table in section 4701, for the Stockpile Responsiveness Program under section 4220 of the Atomic Energy Defense Act (50 U.S.C. 2538b), not less than $10,000,000 shall be made available to carry out projects related to reducing the time required to execute a nuclear test if necessary.

Sec. 3167 Sense of the Senate on extension of limitations on importation of uranium from Russian Federation

It is the sense of the Senate that—
(1)
a secure nuclear fuel supply chain is essential to the economic and national security of the United States;
(2)
the United States should—
(A)
expeditiously complete negotiation of an extension of the Agreement Suspending the Antidumping Investigation on Uranium from the Russian Federation (commonly referred to as the “Russian Suspension Agreement”); or
(B)
if an agreement to extend the Russian Suspension Agreement cannot be reached, complete the antidumping investigation under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) with respect to imports of uranium from the Russian Federation—
(i)
to avoid unfair trade in uranium and maintain a nuclear fuel supply chain in the United States, consistent with the national security and nonproliferation goals of the United States; and
(ii)
to protect the United States nuclear fuel supply chain from the continued manipulation of the global and United States uranium markets by the Russian Federation and Russian-influenced competitors;
(3)
a renegotiated, long-term extension of the Russian Suspension Agreement can prevent adversaries of the United States from monopolizing the nuclear fuel supply chain;
(4)
as was done in 2008, upon completion of a new negotiated long-term extension of the Russian Suspension Agreement, Congress should enact legislation to codify the terms of extension into law to ensure long-term stability for the domestic nuclear fuel supply chain; and
(5)
if the negotiations to extend the Russian Suspension Agreement prove unsuccessful, Congress should be prepared to enact legislation to prevent the manipulation by the Russian Federation of global uranium markets and potential domination by the Russian Federation of the United States uranium market.

XXXII Defense Nuclear Facilities Safety Board

Sec. 3201 Authorization

There are authorized to be appropriated for fiscal year 2021, $28,836,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).

Sec. 3202 Nonpublic collaborative discussions by Defense Nuclear Facilities Safety Board

Section 313 of the Atomic Energy Act of 1954 (42 U.S.C. 2286b) is amended by adding at the end the following new subsection:

“(k) Nonpublic collaborative discussions

“(1) In general—Notwithstanding section 552b of title 5, United States Code, a quorum of the members of the Board may hold a meeting that is not open to public observation to discuss official business of the Board if—

“(A) no formal or informal vote or other official action is taken at the meeting;

“(B) each individual present at the meeting is a member or an employee of the Board;

“(C) at least one member of the Board from each political party is present at the meeting, unless all members of the Board are of the same political party at the time of the meeting; and

“(D) the general counsel of the Board, or a designee of the general counsel, is present at the meeting.

“(2) Disclosure of nonpublic collaborative discussions

“(A) In general—Except as provided by subparagraph (B), not later than two business days after the conclusion of a meeting described in paragraph (1), the Board shall make available to the public, in a place easily accessible to the public—

“(i) a list of the individuals present at the meeting; and

“(ii) a summary of the matters, including key issues, discussed at the meeting, except for any matter the Board properly determines may be withheld from the public under section 552b(c) of title 5, United States Code.

“(B) Information about matters withheld from public—If the Board properly determines under subparagraph (A)(ii) that a matter may be withheld from the public under section 552b(c) of title 5, United States Code, the Board shall include in the summary required by that subparagraph as much general information as possible with respect to the matter.

“(3) Rules of construction—Nothing in this subsection may be construed—

“(A) to limit the applicability of section 552b of title 5, United States Code, with respect to—

“(i) a meeting of the members of the Board other than a meeting described in paragraph (1); or

“(ii) any information that is proposed to be withheld from the public under paragraph (2)(A)(ii); or

“(B) to authorize the Board to withhold from any individual any record that is accessible to that individual under section 552a of title 5, United States Code.”

Sec. 3203 Improvements to operations of Defense Nuclear Facilities Safety Board

(a)
Mission of Board— Section 312(a) of the Atomic Energy Act of 1954 (42 U.S.C. 2286a(a)) is amended by striking “employees and contractors at such facilities” and inserting “workers at such facilities conducting activities covered by part 830 of title 10, Code of Federal Regulations (or any successor regulation)”.
(b)
Cooperation— Section 314(a) of the Atomic Energy Act of 1954 (42 U.S.C. 2286c(a)) is amended—
(1)
by inserting “(1)” before “Except”; and
(2)
by adding at the end the following new paragraph:

“(2) For purposes of this subsection, the term unfettered access, with respect to a facility or personnel of or information related to a facility, means access equivalent to the access to the facility, personnel, or information provided to a regular employee of the facility, after proper identification and compliance with applicable access control measures for security, radiological protection, and personal safety.”

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.”