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

113th Congress · Approved Dec 26, 2013 · 127 Stat. 672

DIVISION C Department of Energy National Security Authorizations and Other Authorizations

TITLE XXXI Department of Energy National Security Programs

Subtitle A National Security Programs Authorizations

SEC. 3101. National Nuclear Security Administration.

(a)

Authorization of Appropriations.— Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2014 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701.

(b)

Authorization of New Plant Projects.— From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows: Project 14–D–710, Device Assembly Facility Argus Installation Project, Nevada National Security Site, Las Vegas, Nevada, $14,000,000. Project 14–D–901, Spent Fueling Handling Recapitalization Project, Naval Reactors Facility, Idaho, $45,400,000. Project 14–D–902, KL Materials Characterization Laboratory, Knolls Atomic Power Laboratory, Schenectady, New York, $1,000,000.

SEC. 3102. Defense Environmental Cleanup.

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

SEC. 3103. Other Defense Activities.

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

Subtitle B Program Authorizations, Restrictions, and Limitations

SEC. 3111. Clarification of Principles of National Nuclear Security Administration.

Subsection (c) of section 3211 of the National Nuclear Security Administration Act (50 U.S.C. 2401) is amended to read as follows:

“(c) Operations and Activities To Be Carried Out Consistently With Certain Principles.—In carrying out the mission of the Administration, the Administrator shall ensure that all operations and activities of the Administration are consistent with the principles of—

“(1) protecting the environment;

“(2) safeguarding the safety and health of the public and of the workforce of the Administration; and

“(3) ensuring the security of the nuclear weapons, nuclear material, and classified information in the custody of the Administration.”

SEC. 3112. Cost Estimation and Program Evaluation by National Nuclear Security Administration.

(a)

Establishment of Director for Cost Estimating and Program Evaluation.—

(1)

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

“SEC. 3221. DIRECTOR FOR COST ESTIMATING AND PROGRAM EVALUATION.

“(a) Establishment.—

(1) There is in the Administration a Director for Cost Estimating and Program Evaluation (in this section referred to as the ‘Director’).

“(2) The position of the Director shall be a Senior Executive Service position (as defined in section 3132(a) of title 5, United States Code).

“(b) Duties.—

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

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

“(c) Activities for Cost Estimation.—

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

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

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

“(C) Advising the Administrator on policies and procedures for developing technology readiness assessments for major atomic energy defense acquisition programs that are consistent with the guidelines of the Department of Energy for technology readiness assessments.

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

“(E) As directed by the Administrator, conducting independent cost estimates for such programs.

“(2) A review, evaluation, or cost estimate conducted under subparagraph (B), (D), or (E) of paragraph (1) shall be considered an inherently governmental function, but the Director may use data collected by a national security laboratory or a management and operating contractor of the Administration in conducting such a review, evaluation, or cost estimate.

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

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

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

“(d) Activities for Program Evaluation.—

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

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

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

“(C) Advising the Administrator on policies and procedures for analyses of alternatives for major atomic energy defense acquisition programs.

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

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

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

“(2) A review conducted under paragraph (1)(B) shall be considered an inherently governmental function, but the Director may use data collected by a national security laboratory or a management and operating contractor of the Administration in conducting such a review.

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

“(e) Data Collection and Accessibility.—The Administrator, acting through the Director, shall, as appropriate, seek to use procedures, processes, and policies for collecting cost data and making that data accessible that are similar to the procedures, processes, and policies used by the Defense Cost Analysis Resource Center of the Office of Cost Assessment and Program Evaluation of the Department of Defense for those purposes.

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

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

“(1) A description of activities conducted by the Director during the calendar year preceding the submission of the report that are related to the duties and activities described in this section.

“(2) A list of all major atomic energy defense acquisition programs and a concise description of the status of each such program and project in meeting cost and critical schedule milestones.

“(h) Definitions.—In this section:

“(1) Major atomic energy defense acquisition program.—

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

“(i) the total project cost of which is more than $500,000,000; or

“(ii) the total lifetime cost of which is more than $1,000,000,000.

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

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

(2)

Implementation plan.— Not later than 270 days after the date of the enactment of this Act, the Administrator for Nuclear Security and the Director of the Office of Cost Assessment and Program Evaluation of the Department of Defense shall jointly submit to the congressional defense committees a plan for the implementation of section 3221 of the National Nuclear Security Administration Act, as added by paragraph (1), that includes the following:

(A)

An identification of the number of personnel required to support the Director for Cost Estimating and Program Evaluation established under such section 3221.

(B)

A description of the functions of such personnel.

(C)

A plan for training such personnel in coordination with the Office of Cost Analysis and Program Evaluation of the Department of Defense with respect to the activities described in subsections (c)(1) and (d)(1) of such section 3221.

(D)

An estimate of the time required to hire and train such personnel.

(E)

A plan for developing cost estimation and program evaluation activities jointly with the Department of Defense on strategic system programs to the extent practicable and beneficial to both the National Nuclear Security Administration and the Department of Defense.

(3)

Clerical amendment.— The table of contents for the National Nuclear Security Administration Act is amended by inserting after the item relating to section 3220 the following new item:

“Sec. 3221. Director for Cost Estimating and Program Evaluation.”.

(b)

Independent Cost Estimates on Life Extension Programs and New Nuclear Facilities.— Section 4217(b) of the Atomic Energy Defense Act (50 U.S.C. 2537(b)) is amended—

(1)

in paragraph (2), by striking “ for purposes of this subsection” and inserting “ submitted under this subsection before October 1, 2015,”; and

(2)

by adding at the end the following new paragraph:

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

SEC. 3113. Enhanced Procurement Authority to Manage Supply Chain Risk.

(a)

In General.— Subtitle A of title XLVIII of the Atomic Energy Defense Act (50 U.S.C. 2781 et seq.) is amended by adding at the end the following new section:

“SEC. 4806. ENHANCED PROCUREMENT AUTHORITY TO MANAGE SUPPLY CHAIN RISK.

“(a) Authority.—Subject to subsection (b), the Secretary of Energy may—

“(1) carry out a covered procurement action; and

“(2) notwithstanding any other provision of law, limit, in whole or in part, the disclosure of information relating to the basis for carrying out a covered procurement action.

“(b) Requirements.—The Secretary may exercise the authority under subsection (a) only after—

“(1) obtaining a risk assessment that demonstrates that there is a significant supply chain risk to a covered system;

“(2) making a determination in writing, in unclassified or classified form, that—

“(A) the use of the authority under subsection (a) is necessary to protect national security by reducing supply chain risk;

“(B) less restrictive measures are not reasonably available to reduce the supply chain risk; and

“(C) in a case in which the Secretary plans to limit disclosure of information under subsection (a)(2), the risk to national security of the disclosure of the information outweighs the risk of not disclosing the information; and

“(3) submitting to the appropriate congressional committees, not later than seven days after the date on which the Secretary makes the determination under paragraph (2), a notice of such determination, in classified or unclassified form, that includes—

“(A) the information required by section 3304(e)(2)(A) of title 41, United States Code;

“(B) a summary of the risk assessment required under paragraph (1); and

“(C) a summary of the basis for the determination, including a discussion of less restrictive measures that were considered and why such measures were not reasonably available to reduce supply chain risk.

“(c) Notifications.—If the Secretary has exercised the authority under subsection (a), the Secretary shall—

“(1) notify appropriate parties of the covered procurement action and the basis for the action only to the extent necessary to carry out the covered procurement action;

“(2) notify other Federal agencies responsible for procurement that may be subject to the same or similar supply chain risk, in a manner and to the extent consistent with the requirements of national security; and

“(3) ensure the confidentiality of any notifications under paragraph (1) or (2).

“(d) Limitation of Review.—No action taken by the Secretary under the authority under subsection (a) shall be subject to review in any Federal court.

“(e) Review by Comptroller General of the United States.—Not later than one year after the effective date specified in subsection (g)(1), and annually for four years thereafter, the Comptroller General of the United States shall—

“(1) review the authority provided under subsection (a), including—

“(A) the adequacy of resources, such as trained personnel, to effectively exercise that authority during the four-year period beginning on that effective date; and

“(B) the sufficiency of determinations under subsection (b)(2);

“(2) review the thoroughness of the process and systems utilized by the Office of the Chief Information Officer and the Office of Intelligence and Counterintelligence of the Department of Energy to reasonably detect supply chain threats to the national security functions of the Department; and

“(3) submit to the appropriate congressional committees a report that includes—

“(A) the results of the reviews conducted under paragraphs (1) and (2);

“(B) any recommendations of the Comptroller General for improving the process and systems described in paragraph (2); and

“(C) a description of the status of the implementation of recommendations, if any, with respect to that process and such systems made by the Comptroller General in previous years.

“(f) Definitions.—In this section:

“(1) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—

“(A) the congressional defense committees; and

“(B) the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives.

“(2) Covered item of supply.—The term ‘covered item of supply’ means an item—

“(A) that is purchased for inclusion in a covered system; and

“(B) the loss of integrity of which could result in a supply chain risk for a covered system.

“(3) Covered procurement.—The term ‘covered procurement’ means the following:

“(A) A source selection for a covered system or a covered item of supply involving either a performance specification, as described in subsection (a)(3)(B) of section 3306 of title 41, United States Code, or an evaluation factor, as described in subsection (b)(1) of such section, relating to supply chain risk.

“(B) The consideration of proposals for and issuance of a task or delivery order for a covered system or a covered item of supply, as provided in section 4106(d)(3) of title 41, United States Code, where the task or delivery order contract concerned includes a contract clause establishing a requirement relating to supply chain risk.

“(C) Any contract action involving a contract for a covered system or a covered item of supply if the contract includes a clause establishing requirements relating to supply chain risk.

“(4) Covered procurement action.—The term ‘covered procurement action’ means, with respect to an action that occurs in the course of conducting a covered procurement, any of the following:

“(A) The exclusion of a source that fails to meet qualification requirements established pursuant to section 3311 of title 41, United States Code, for the purpose of reducing supply chain risk in the acquisition of covered systems.

“(B) The exclusion of a source that fails to achieve an acceptable rating with regard to an evaluation factor providing for the consideration of supply chain risk in the evaluation of proposals for the award of a contract or the issuance of a task or delivery order.

“(C) The withholding of consent for a contractor to subcontract with a particular source or the direction to a contractor for a covered system to exclude a particular source from consideration for a subcontract under the contract.

“(5) Covered system.—The term ‘covered system’ means the following:

“(A) National security systems (as defined in section 3542(b) of title 44, United States Code) and components of such systems.

“(B) Nuclear weapons and components of nuclear weapons.

“(C) Items associated with the design, development, production, and maintenance of nuclear weapons or components of nuclear weapons.

“(D) Items associated with the surveillance of the nuclear weapon stockpile.

“(E) Items associated with the design and development of nonproliferation and counterproliferation programs and systems.

“(6) Supply chain risk.—The term ‘supply chain risk’ means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered system or covered item of supply so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of the system or item of supply.

“(g) Effective Date.—

“(1) In general.—This section shall take effect on the date that is 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014.

“(2) Applicability.—The authority under subsection (a) shall apply to—

“(A) contracts awarded on or after the effective date specified in paragraph (1); and

“(B) task and delivery orders issued on or after that effective date pursuant to contracts awarded before, on, or after that effective date.

“(3) Termination.—The authority under this section shall terminate on the date that is four years after the effective date specified in paragraph (1).”

(b)

Clerical Amendment.— The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4805 the following new item:

“Sec. 4806. Enhanced procurement authority to manage supply chain risk.”.

SEC. 3114. Limitation on Availability of Funds for National Nuclear Security Administration.

(a)

Limitation.— Except as provided in subsection (d), of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the National Nuclear Security Administration, the amount specified in subsection (c) may not be obligated or expended until the date on which the Administrator for Nuclear Security submits to the congressional defense committees—

(1)

a detailed plan to realize the planned efficiencies; and

(2)

written certification that the planned efficiencies will be achieved during fiscal year 2014.

(b)

Unrealized Efficiencies.— If the Administrator does not submit to the congressional defense committees the matters described in paragraphs (1) and (2) of subsection (a) by the date that is 60 days after the date of the enactment of this Act, the Administrator shall submit to the congressional defense committees a report on—

(1)

the amount of planned efficiencies that will not be realized during fiscal year 2014; and

(2)

any effects caused by such unrealized planned efficiencies to the programs funded under the directed stockpile work and nuclear programs accounts.

(c)

Amount Specified.— The amount specified in this subsection is $139,500,000, reduced by the amount the Administrator certifies to the congressional defense committees that the Administrator has saved through the planned efficiencies realized during fiscal year 2014.

(d)

Exceptions.— The limitation under subsection (a) shall not—

(1)

apply to funds authorized to be appropriated for directed stockpile work, nuclear programs, or Naval Reactors; or

(2)

affect the authority of the Secretary of Energy under sections 4702, 4705, and 4711 of the Atomic Energy Defense Act (50 U.S.C. 2742, 2745, and 2751).

(e)

Effect of Planned Efficiencies on Laboratory-Directed Research and Development.— The implementation of the planned efficiencies may not result in reductions in amounts provided for laboratory-directed research and development under section 4811(c) of the Atomic Energy Defense Act (50 U.S.C. 2791(c)) in fiscal year 2014.

(f)

Rule of Construction.— The limitation under subsection (a) shall not be considered a specific denial of funds for purposes of the authority referred to in subsection (d)(2).

(g)

Planned Efficiencies Defined.— In this section, the term “planned efficiencies” means the $106,800,000, with respect to directed stockpile work, and $32,700,000, with respect to nuclear programs, that the Administrator plans to save during fiscal year 2014 through management efficiency and workforce restructuring reductions, as described in the budget request for fiscal year 2014 that the President submitted to Congress under section 1105(a) of title 31, United States Code.

SEC. 3115. Limitation on Availability of Funds for Office of the Administrator for Nuclear Security.

Of the funds authorized to be appropriated for fiscal year 2014 by section 3101 and available for the Office of the Administrator as specified in the funding table in section 4701, or otherwise made available for that Office for that fiscal year, not more than 75 percent may be obligated or expended until—

(1)

the President transmits to Congress the matters required to be transmitted during 2013 and 2014 under section 4205(f)(2) of the Atomic Energy Defense Act (50 U.S.C. 2525(f)(2));

(2)

the President transmits to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives the matters—

(A)

required to be transmitted during 2013 and 2014 under section 1043 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1576); and

(B)

with respect to which the Secretary of Energy is responsible;

(3)

the Secretary submits to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives the reports required to be submitted during 2013 and 2014 under section 3122(b) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1710); and

(4)

the Administrator for Nuclear Security submits to the congressional defense committees—

(A)

the detailed report on the stockpile stewardship, management, and infrastructure plan required to be submitted during 2013 under paragraph (2) of section 4203(b) of the Atomic Energy Defense Act (50 U.S.C. 2523(b)); and

(B)

the summary of the plan required to be submitted during 2014 under paragraph (1) of such section.

SEC. 3116. Establishment of Center for Security Technology, Analysis, Response, and Testing.

(a)

Establishment.— The Administrator for Nuclear Security shall establish within the nuclear security enterprise (as defined in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501) a Center for Security Technology, Analysis, Response, and Testing.

(b)

Duties.— The center established under subsection (a) shall carry out the following:

(1)

Provide to the Administrator, the Chief of Defense Nuclear Security, and the management and operating contractors of the nuclear security enterprise a wide range of objective expertise on security technologies, systems, analysis, testing, and response forces.

(2)

Assist the Administrator in developing standards, requirements, analysis methods, and testing criteria with respect to security.

(3)

Collect, analyze, and distribute lessons learned with respect to security.

(4)

Support inspections and oversight activities with respect to security.

(5)

Promote professional development and training for security professionals.

(6)

Provide for advance and bulk procurement for security-related acquisitions that affect multiple facilities of the nuclear security enterprise.

(7)

Advocate for continual improvement and security excellence throughout the nuclear security enterprise.

(8)

Such other duties as the Administrator may assign.

SEC. 3117. Authorization of Modular Building Strategy as an Alternative to the Replacement Project for the Chemistry and Metallurgy Research Building, Los Alamos National Laboratory, New Mexico.

Section 3114(c) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2171; 50 U.S.C. 2535 note) is amended—

(1)

by striking “ No funds” and inserting the following:

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

; and

(2)

by adding at the end the following new paragraphs:

“(2) Use of funds for modular building strategy.—The Administrator for Nuclear Security may obligate and expend funds referred to in paragraph (1) for activities relating to a modular building strategy on and after the date that is 60 days after the date on which the Nuclear Weapons Council established under section 179 of title 10, United States Code, notifies the congressional defense committees that—

“(A) the modular building strategy—

“(i) meets requirements for maintaining the nuclear weapons stockpile over a 30-year period;

“(ii) meets requirements for implementation of a responsive infrastructure, including meeting plutonium pit production requirements; and

“(iii) will achieve full operating capability for not less than two modular structures by not later than 2027;

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

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

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

SEC. 3118. Comparative Analysis of Warhead Life Extension Options.

(a)

In General.— In carrying out Phase 6.2 and Phase 6.2A of the Joint W78/88–1 Warhead Life Extension Program, the Secretary of Defense and the Secretary of Energy, acting through the Nuclear Weapons Council established by section 179 of title 10, United States Code, shall conduct a comparative analysis of the feasibility of, and preliminary design definitions and cost estimates for, each of the following life extension options:

(1)

A separate life extension option to produce a W78–1 warhead.

(2)

A separate life extension option to produce a W88–1 warhead.

(3)

An interoperable W78/88–1 life extension option.

(4)

Any other life extension option the Nuclear Weapons Council considers appropriate.

(b)

Limitation on Use of Funds.— None of the funds authorized to be appropriated by this Act may be obligated or expended for Phase 6.3 (development engineering) activities for the Joint W78/88–1 Warhead Life Extension Program until the date that is 90 days after the Chairman of the Nuclear Weapons Council submits to the congressional defense committees a report containing the comparative analysis required by subsection (a).

SEC. 3119. Extension of Authority of Secretary of Energy to Enter into Transactions to Carry Out Certain Research Projects.

Section 646(g)(10) of the Department of Energy Organization Act (42 U.S.C. 7256(g)(10)) is amended by striking “ September 30, 2015” and inserting “ September 30, 2020”.

SEC. 3120. Increase in Construction Design Threshold.

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

Subtitle C Plans and Reports

SEC. 3121. Annual Report and Certification on Status of Security of Atomic Energy Defense Facilities.

(a)

In General.— Section 4506 of the Atomic Energy Defense Act (50 U.S.C. 2657) is amended to read as follows:

“SEC. 4506. ANNUAL REPORT AND CERTIFICATION ON STATUS OF SECURITY OF ATOMIC ENERGY DEFENSE FACILITIES.

“(a) Report and Certification on Nuclear Security Enterprise.—

(1) Not later than September 30 of each year, the Administrator shall submit to the Secretary of Energy—

“(A) a report detailing the status of security at facilities holding Category I and II quantities of special nuclear material that are administered by the Administration; and

“(B) written certification that such facilities are secure and that the security measures at such facilities meet the security standards and requirements of the Administration and the Department of Energy.

“(2) If the Administrator is unable to make the certification described in paragraph (1)(B) with respect to a facility, the Administrator shall submit to the Secretary with the matters required by paragraph (1) a corrective action plan for the facility describing—

“(A) the deficiency that resulted in the Administrator being unable to make the certification;

“(B) the actions to be taken to correct the deficiency; and

“(C) timelines for taking such actions.

“(3) Not later than December 1 of each year, the Secretary shall submit to the congressional defense committees the unaltered report, certification, and any corrective action plans submitted by the Administrator under paragraphs (1) and (2) together with any comments of the Secretary.

“(b) Report and Certification on Atomic Energy Defense Facilities Not Administered by the Administration.—

(1) Not later than December 1 of each year, the Secretary shall submit to the congressional defense committees—

“(A) a report detailing the status of the security of atomic energy defense facilities holding Category I and II quantities of special nuclear material that are not administered by the Administration; and

“(B) written certification that such facilities meet the security standards and requirements of the Department of Energy.

“(2) If the Secretary is unable to make the certification described in paragraph (1)(B) with respect to a facility, the Secretary shall submit to the congressional defense committees, together with the matters required by paragraph (1), a corrective action plan describing—

“(A) the deficiency that resulted in the Secretary being unable to make the certification;

“(B) the actions to be taken to correct the deficiency; and

“(C) timelines for taking such actions.”

(b)

Clerical Amendment.— The table of contents for the Atomic Energy Defense Act is amended by striking the item relating to section 4506 and inserting the following new item:

“Sec. 4506. Annual report and certification on status of security of atomic energy defense facilities.”.

SEC. 3122. Modifications to Annual Reports Regarding the Condition of the Nuclear Weapons Stockpile.

(a)

Report on Assessments.— Subsection (e) of section 4205 of the Atomic Energy Defense Act (50 U.S.C. 2525) is amended—

(1)

in paragraph (3)—

(A)

in subparagraph (C), by striking “ ; and” and inserting a semicolon;

(B)

in subparagraph (D), by striking the period at the end and inserting “ ; and”; and

(C)

by adding at the end the following new subparagraph:

“(E) a concise summary of any significant finding investigations initiated or active during the previous year for which the head of the national security laboratory has full or partial responsibility.”

; and

(2)

by amending paragraph (4) to read as follows:

“(4) In the case of a report submitted by the Commander of the United States Strategic Command—

“(A) a discussion of the relative merits of other nuclear weapon types (if any), or compensatory measures (if any) that could be taken, that could enable accomplishment of the missions of the nuclear weapon types to which the assessments relate, should such assessments identify any deficiency with respect to such nuclear weapon types; and

“(B) a summary of all major assembly releases in place as of the date of the report for the active and inactive nuclear weapon stockpiles.”

(b)

Reports Submitted to the President and Congress.— Subsection (f) of such section is amended—

(1)

in paragraph (1), by striking “ March 1” and inserting “ February 1”; and

(2)

by adding at the end the following new paragraph:

“(3) If the President does not forward to Congress the matters required under paragraph (2) by the date required by such paragraph, the officials specified in subsection (b) shall provide a briefing to the congressional defense committees not later than March 30 on the report such officials submitted to the Secretary concerned under subsection (e).”

SEC. 3123. Inclusion of Integrated Plutonium Strategy in Nuclear Weapons Stockpile Stewardship, Management, and Infrastructure Plan.

Section 4203(d) of the Atomic Energy Defense Act (50 U.S.C. 2523(d)) is amended—

(1)

by redesignating paragraph (6) as paragraph (7); and

(2)

by inserting after paragraph (5) the following new paragraph (6):

“(6) A strategy for the integrated management of plutonium for stockpile and stockpile stewardship needs over a 20-year period that includes the following:

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

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

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

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

“(E) An identification of any capability gaps with respect to the assessments described in subparagraphs (A) through (D).

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

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

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

SEC. 3124. Modifications to Cost-Benefit Analyses for Competition of Management and Operating Contracts.

(a)

Analyses of Bid Protests.— Subsection (a) of section 3121 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2175) is amended to read as follows:

“(a) Reports Required.—The Administrator for Nuclear Security shall submit to the congressional defense committees a report described in subsection (b) by not later than 30 days after the later of—

“(1) the date on which the Administrator awards a contract to manage and operate a facility of the National Nuclear Security Administration; or

“(2) the date on which a protest concerning an alleged violation of a procurement statute or regulation brought under subchapter V of chapter 35 of title 31, United States Code, with respect to such a contract is resolved.”

(b)

Reporting on Expected Cost Savings.— Subsection (b)(1) of such section is amended by inserting “ , including a description of the assumptions used and analysis conducted to determine such expected cost savings” before the semicolon.

(c)

Review by Comptroller General of the United States.— Subsection (c) of such section is amended to read as follows:

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

“(1) In general.—Except as provided in paragraph (2), the Comptroller General of the United States shall submit to the congressional defense committees a review of each report required by subsection (a) or (d)(2) not later than 180 days after the report is submitted to such committees.

“(2) Exception.—The Comptroller General may not conduct a review under paragraph (1) of a report relating to a contract to manage and operate a facility of the National Nuclear Security Administration while a protest described in subsection (a)(2) is pending with respect to that contract.”

(d)

Exception for Naval Reactors.— Subsection (d) of such section is amended by adding at the end the following new paragraph:

“(3) Naval reactors.—The requirement for reports under subsections (a) and (d)(2) shall not apply with respect to a management and operations contract for a Naval Reactor facility.”

SEC. 3125. Modification of Deadlines for Certain Reports Relating to Program on Scientific Engagement for Nonproliferation.

Section 3122 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2176; 50 U.S.C. 2562 note) is amended—

(1)

in subsection (b)(1), by inserting “ , and to the Comptroller General of the United States,” after “ the appropriate congressional committees”;

(2)

in subsection (c)—

(A)

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

(B)

by redesignating paragraph (3) as paragraph (4);

(C)

by inserting after paragraph (2) the following new paragraph (3):

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

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

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

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

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

; and

(D)

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

(3)

in subsection (e)(1), by striking “ two years after the date of the enactment of this Act” and inserting “ 18 months after the date of the submittal of the report described in subsection (b)(1)”.

SEC. 3126. Modification of Certain Reports on Cost Containment for Uranium Capabilities Replacement Project.

Section 3123(f) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2178) is amended—

(1)

in the subsection heading, by striking “ Quarterly”;

(2)

by striking paragraph (1) and inserting the following new paragraph (1):

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

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

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

; and

(3)

in paragraph (2)—

(A)

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

(B)

in subparagraph (D), by striking “ programmatic”.

SEC. 3127. Plan for Tank Farm Waste at Hanford Nuclear Reservation.

(a)

In General.— Subtitle D of title XLIV of the Atomic Energy Defense Act (50 U.S.C. 2621 et seq.) is amended by adding at the end the following new section:

“SEC. 4445. PLAN FOR TANK FARM WASTE AT HANFORD NUCLEAR RESERVATION.

“(a) Plan.—Not later than June 1, 2014, the Secretary of Energy shall submit to the congressional defense committees a plan for the initial activities (as defined in subsection (d)) for the Waste Treatment and Immobilization Plant and any related, required infrastructure facilities.

“(b) Matters Included.—The plan under subsection (a) shall include the following:

“(1) A list of significant requirements needed for the initial activities.

“(2) A schedule of significant activities needed to carry out the initial activities.

“(3) Actions required to accelerate, to the extent possible, the treatment of lower risk, low-activity waste while continuing efforts to resolve the technical challenges associated with higher risk, high-activity waste.

“(4) A description of how the Secretary will—

“(A) provide adequate protection to workers and the public under the plan; and

“(B) incorporate into the plan any significant new science and technical information that was not available before the development of the plan.

“(c) Determinations.—

(1) For each significant requirement identified by the Secretary under subsection (b)(1), the Secretary shall include in the plan submitted under subsection (a) a determination regarding whether such requirement is finalized and will be used to inform the initial activities.

“(2) For each significant requirement that the Secretary cannot make a finalized determination for under paragraph (1) by the date on which the plan under subsection (a) is submitted to the congressional defense committees, the Secretary shall—

“(A) include in the plan—

“(i) a description of the requirement;

“(ii) a list of significant activities required to finalize the requirement; and

“(iii) the date on which the Secretary anticipates making such determination; and

“(B) once the Secretary makes a determination that such a significant requirement is finalized, submit to such committees notification that the requirement is finalized and will be used to inform the initial activities.

“(3)

(A) Notwithstanding any determination made under paragraph (1) with respect to a significant requirement identified by the Secretary under subsection (b)(1)—

“(i) the Secretary shall change a requirement if necessary to provide adequate protection to workers and the public; and

“(ii) the Secretary may change a requirement if the Secretary determines such change is necessary.

“(B) If the Secretary authorizes a change to a requirement under subparagraph (A) that will have a significant material effect on the schedule or cost of the initial activities, the Secretary shall promptly notify the congressional defense committees of such change.

“(C) The authority of the Secretary under this paragraph may be delegated only to the Deputy Secretary of Energy.

“(d) Initial Activities Defined.—In this section, the term ‘initial activities’ means activities necessary to start the operations of the Waste Treatment and Immobilization Plant at the Hanford Tank Farms of the Hanford Nuclear Reservation, Richland, Washington, with respect to the design, construction, and operating of the Waste Treatment and Immobilization Plant and any related, required infrastructure facilities.”

(b)

Clerical Amendment.— The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4444 the following new item:

“Sec. 4445. Plan for tank farm waste at Hanford Nuclear Reservation.”.

SEC. 3128. Plan for Improvement and Integration of Financial Management of Nuclear Security Enterprise.

(a)

In General.— The Administrator for Nuclear Security shall develop a plan for improving and integrating the financial management of the nuclear security enterprise.

(b)

Matters To Be Included.— The plan required by subsection (a) shall include the following:

(1)

An assessment of the expected results of the plan.

(2)

An assessment of the feasibility of the plan.

(3)

The estimated costs of carrying out the plan.

(4)

A timeline for implementation of the plan.

(c)

Considerations in Development of Plan.— In developing the plan required by subsection (a), the Administrator shall consider the following:

(1)

Efforts to improve the structure for the allocation of work to be used by the entities within the nuclear security enterprise for the activities carried out by those entities.

(2)

Efforts to develop a clear and consistent cost structure for each program and entity within the nuclear security enterprise.

(3)

Methodologies for identifying costs for programs of record and base capabilities required for programs carried out by the nuclear security enterprise.

(4)

Mechanisms for monitoring those programs during the execution of those programs and to provide data to inform oversight of those programs.

(5)

Reporting frameworks to be used by the entities within the nuclear security enterprise to facilitate analyses, projections, and comparisons of similar activities carried out by different programs across the nuclear security enterprise.

(6)

Effects of the plan on the facilities and management and operating contractors of the nuclear security enterprise.

(d)

Submission to Congress.— The Administrator shall submit the plan required by subsection (a) to the congressional defense committees not later than one year after the date of the enactment of this Act.

(e)

Nuclear Security Enterprise Defined.— In this section, the term “nuclear security enterprise” has the meaning given that term in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501).

SEC. 3129. Plan for Developing Exascale Computing and Incorporating Such Computing into the Stockpile Stewardship Program.

(a)

Plan Required.— The Administrator for Nuclear Security shall develop and carry out a plan to develop exascale computing and incorporate such computing into the stockpile stewardship program under section 4201 of the Atomic Energy Defense Act (50 U.S.C. 2521) during the 10-year period beginning on the date of the enactment of this Act.

(b)

Milestones.— The plan required by subsection (a) shall include major programmatic milestones in—

(1)

the development of a prototype exascale computer for the stockpile stewardship program; and

(2)

mitigating disruptions resulting from the transition to exascale computing.

(c)

Coordination With Other Agencies.— In developing the plan required by subsection (a), the Administrator shall coordinate, as appropriate, with the Under Secretary of Energy for Science, the Secretary of Defense, and elements of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).

(d)

Inclusion of Costs in Future-Years Nuclear Security Program.— The Administrator shall—

(1)

address, in the estimated expenditures and proposed appropriations reflected in each future-years nuclear security program submitted under section 3253 of the National Nuclear Security Administration Act (50 U.S.C. 2453) during the 10-year period beginning on the date of the enactment of this Act, the costs of—

(A)

developing exascale computing and incorporating such computing into the stockpile stewardship program; and

(B)

mitigating potential disruptions resulting from the transition to exascale computing; and

(2)

include in each such future-years nuclear security program a description of the costs of efforts to develop exascale computing borne by the National Nuclear Security Administration, the Office of Science of the Department of Energy, other Federal agencies, and private industry.

(e)

Submission to Congress.— The Administrator shall submit the plan required by subsection (a) to the congressional defense committees with each summary of the plan required by subsection (a) of section 4203 of the Atomic Energy Defense Act (50 U.S.C. 2523) submitted under subsection (b)(1) of that section during the 10-year period beginning on the date of the enactment of this Act.

(f)

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

SEC. 3130. Study and Plan for Extension of Certain Pilot Program Principles.

(a)

In General.— The Administrator for Nuclear Security shall conduct a study of the feasibility of, and develop a plan for, extending the principles of the pilot program to improve and streamline oversight of the Kansas City Plant, Kansas City, Missouri, initiated on or about April 2006, to additional facilities of the nuclear security enterprise.

(b)

Elements.— The study and plan required by subsection (a) shall address the following:

(1)

The applicability of all or some of the principles of the pilot program to additional facilities of the nuclear security enterprise.

(2)

The costs, benefits, risks, opportunities, and cost avoidances that may result from the extension of the principles of the pilot program to additional facilities.

(3)

The cost avoidances that have been realized from the pilot program described in subsection (a) since the pilot program was initiated.

(4)

The actions and timelines that would be required to extend the principles of the pilot program to additional facilities if the Administrator determines that extending such principles is feasible.

(c)

Report Required.— Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate congressional committees a report that includes the following:

(1)

The results of the study and the plan required by subsection (a).

(2)

The determination of the Administrator regarding whether the principles of the pilot program will be extended to additional facilities of the nuclear security enterprise.

(d)

Definitions.— In this section:

(1)

The term “appropriate congressional committees” means the following:

(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.

(2)

The term “nuclear security enterprise” has the meaning given that term in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501).

(3)

The term “principles of the pilot program” means the principles regarding the use of third-party certification, industrial standards, best business practices, and verification of internal procedures and performance to improve and streamline oversight, as demonstrated in the pilot program at the Kansas City Plant described in subsection (a).

SEC. 3131. Study of Potential Reuse of Nuclear Weapon Secondaries.

(a)

Study.— Not later than 60 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall conduct a study of the potential reuse of nuclear weapon secondaries that includes an assessment of the potential for reusing secondaries in future life extension programs, including—

(1)

a description of which secondaries could be reused;

(2)

the number of such secondaries available in the stockpile as of the date of the study; and

(3)

the number of such secondaries that are planned to be available after such date as a result of the dismantlement of nuclear weapons.

(b)

Matters Included.— The study under subsection (a) shall include the following:

(1)

The feasibility and practicability of potential full or partial reuse options with respect to nuclear weapon secondaries.

(2)

The benefits and risks of reusing such secondaries.

(3)

A list of technical challenges that must be resolved to certify aged materials under dynamic loading conditions and the full stockpile-to-target sequence of weapons, including a program plan and timeline for resolving such technical challenges and an assessment of the importance of resolving outstanding materials issues on certifying aged secondaries.

(4)

The potential costs and cost savings of such reuse.

(5)

The effects of such reuse on the requirements for secondaries manufacturing.

(6)

An assessment of how such reuse affects plans to build a responsive nuclear weapons infrastructure.

(c)

Submission.— Not later than March 1, 2014, the Administrator shall submit to the congressional defense committees the study under subsection (a).

SEC. 3132. Repeal of Certain Reporting Requirements.

(a)

Report on Counterintelligence and Security Practices at National Security Laboratories.—

(1)

In general.— Section 4507 of the Atomic Energy Defense Act (50 U.S.C. 2658) is repealed.

(2)

Clerical amendment.— The table of contents for the Atomic Energy Defense Act is amended by striking the item relating to section 4507.

(b)

Reports on Advanced Supercomputer Sales to Certain Foreign Nations.— Section 3157 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 50 U.S.C. App. 2404 note) is repealed.

Subtitle D Other Matters

SEC. 3141. Clarification of Role of Secretary of Energy.

The amendment made by section 3113 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2169) to section 4102 of the Atomic Energy Defense Act (50 U.S.C. 2512) may not be construed as affecting the authority of the Secretary of Energy, in carrying out national security programs, with respect to the management, planning, and oversight of the National Nuclear Security Administration or as affecting the delegation by the Secretary of authority to carry out such activities, as set forth under subsection (a) of such section 4102 as it existed before the amendment made by such section 3113.

SEC. 3142. Modification of Deadlines for Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise.

Section 3166 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2208) is amended—

(1)

in subsection (d)—

(A)

in paragraph (1), by striking “ 180 days after the date of the enactment of this Act” and inserting “ March 1, 2014”; and

(B)

in paragraph (2), by striking “ February 1, 2014” and inserting “ July 1, 2014”; and

(2)

in subsection (f), by striking “ June 1, 2014” and inserting “ September 30, 2014”.

SEC. 3143. Department of Energy Land Conveyance.

(a)

Consolidation of Title to Bannister Federal Complex.— Notwithstanding sections 521 and 522 of title 40, United States Code, the Administrator of General Services may transfer custody of and accountability for the portion of the real property described in subsection (b) in the custody of the General Services Administration on the date of the enactment of this Act to the National Nuclear Security Administration.

(b)

Real Property Described.—

(1)

In general.— The real property described in this subsection is the real property, including any improvements thereon, consisting of the Bannister Federal Complex in Kansas City, Missouri.

(2)

Further description of property.— The exact acreage and legal description of the real property described in this subsection shall be determined by a survey satisfactory to the Administrator for Nuclear Security and the Administrator of General Services.

(c)

Authorities Relating to Conveyance of Bannister Federal Complex.— After the consolidation of custody of and accountability for the real property described in subsection (b) in the National Nuclear Security Administration under subsection (a), the Administrator for Nuclear Security may—

(1)

negotiate an agreement to convey to an eligible entity all right, title, and interest of the United States in and to the real property described in subsection (b); and

(2)

enter into an agreement, on a reimbursable basis or otherwise, with the eligible entity to provide funding for the costs of—

(A)

the negotiation of the agreement described in paragraph (1);

(B)

planning for the disposition of the property; and

(C)

carrying out the responsibilities of the Administrator under section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) with respect to the property, including—

(i)

identification, investigation, and clean up of, and research and development with respect to, contamination from a hazardous substance or pollutant or contaminant;

(ii)

correction of other environmental damage that creates an imminent and substantial endangerment to the public health or welfare or to the environment; and

(iii)

demolition and removal of buildings and structures as required to clean up contamination or as required for completion of the responsibilities of the Administrator under that section.

(d)

Limitations.—

(1)

Price.— The Administrator for Nuclear Security shall select, through a public process provided for under the regulations of the Department of Energy, the eligible entity to which the real property described in subsection (b) is to be conveyed under subsection (c). The Administrator shall use good faith efforts to ensure the greatest possible return on such conveyance considering the conditions described in paragraphs (2) and (3).

(2)

Condition on conveyance.— The conveyance under subsection (c) shall be subject to the requirements relating to transfer of property by the Federal Government under section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).

(3)

Occupancy by national oceanic and atmospheric administration.— The conveyance under subsection (c) shall be subject to the condition that the National Oceanic and Atmospheric Administration may continue to occupy until December 31, 2015, the space in the real property described in subsection (b) that the Administration occupies as of the date of the enactment of this Act.

(e)

Payment of Costs of Conveyance.—

(1)

Reimbursement of costs of conveyance.— The Administrator for Nuclear Security shall use any funds received from the conveyance under subsection (c) to reimburse the Administrator for costs (other than costs referred to in paragraph (2) of that subsection) incurred by the Administrator to carry out the conveyance, including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance.

(2)

Treatment of amounts received.— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs referred to in that paragraph. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.

(f)

Additional Terms and Conditions.— The Administrator for Nuclear Security may require such additional terms and conditions in connection with the conveyance under subsection (c) as the Administrator considers appropriate to protect the interests of the United States.

(g)

Eligible Entity Defined.— In this section, the term “eligible entity” means a nongovernmental entity that has demonstrated to the Administrator for Nuclear Security, in the Administrator’s sole discretion, that the entity has the capability to operate and maintain the real property described in subsection (b).

SEC. 3144. Technical Amendment to Atomic Energy Act of 1954.

Chapter 10 of the Atomic Energy Act of 1954 (42 U.S.C. 2131 et seq.), as amended by section 3176 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2215), is amended in the matter following section 111 by inserting before “ a. The Commission” the following: “ Sec. 112. Domestic Medical Isotope Production.—”.

SEC. 3145. Technical Corrections to the National Nuclear Security Administration Act.

(a)

Administrator for Nuclear Security.— Section 3212(c) of the National Nuclear Security Administration Act (50 U.S.C. 2402(c)) is amended by striking “ section 16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3))” and inserting “ section 1702(c) of title 41, United States Code”.

(b)

Status of Administration and Contractor Personnel.— Section 3220 of such Act (50 U.S.C. 2410) is amended in subsection (a)(1)(A) and subsection (b) by inserting “ (42 U.S.C. 7132(c)(3))” after “ section 202(c)(3) of the Department of Energy Organization Act”.

(c)

Government Access to Information and Computers.— Section 3235(b) of such Act (50 U.S.C. 2425(b)) is amended by inserting “ (Public Law 99–508; 100 Stat. 1848)” after “ of 1986”.

(d)

Authority To Establish Certain Positions.— Section 3241 of such Act (50 U.S.C. 2441) is amended in the last sentence—

(1)

by striking “ excepted positions established” and inserting “ positions established”;

(2)

by striking “ an excepted position” and inserting “ a position”; and

(3)

by striking “ nonexcepted position” and inserting “ position not established under this section”.

(e)

Separate Treatment in Budget.— Section 3251(a) of such Act (50 U.S.C. 2451(a)) is amended by striking “ the Congress” and inserting “ Congress”.

(f)

Future-Years Nuclear Security Program.— Section 3253(b) of such Act (50 U.S.C. 2453(b)) is amended—

(1)

by striking “ five-fiscal year” each place it appears and inserting “ five-fiscal-year”;

(2)

by striking paragraph (5) and by redesignating paragraph (6) as paragraph (5); and

(3)

in subparagraph (B) of paragraph (5), as redesignated by paragraph (2), by striking “ National Nuclear Security”.

(g)

Compliance With Federal Acquisition Regulation.— Section 3262 of such Act (50 U.S.C. 2462) is amended by striking “ the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)” and inserting “ section 1303(a)(1) of title 41, United States Code”.

(h)

Use of Capabilities of National Security Laboratories.— Section 3264 of such Act (50 U.S.C. 2464) is amended by inserting “ of Energy” after “ Secretary”.

(i)

Definitions.— Section 3281(2)(F) of such Act (50 U.S.C. 2471(2)(F)) is amended by striking “ the Congress” and inserting “ Congress”.

(j)

Functions Transferred.— Section 3291(d)(1) of such Act (50 U.S.C. 2481(d)(1)) is amended by moving the flush text after subparagraph (B) 2 ems to the left.

SEC. 3146. Technical Corrections to the Atomic Energy Defense Act.

(a)

Definitions.—

(1)

In general.— Section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501) is amended—

(A)

in the matter preceding paragraph (1), by striking “ In this division” and inserting “ Except as otherwise provided, in this division”;

(B)

by redesignating paragraphs (5), (6), (7), and (8) as paragraphs (6), (7), (9), and (10), respectively;

(C)

by inserting after paragraph (4) the following new paragraph (5):

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

(D)

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

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

; and

(E)

in paragraph (10), as redesignated by subparagraph (B), by striking “ restricted data” and inserting “ Restricted Data”.

(2)

Conforming amendments.—

(A)

Nuclear weapons stockpile stewardship plan.— Section 4203(e)(1) of such Act (50 U.S.C. 2523(e)(1)) is amended in the matter preceding subparagraph (A) by striking “ established by section 179 of title 10, United States Code,”.

(B)

Reports on life extension programs.— Section 4216(a) of such Act (50 U.S.C. 2536(a)) is amended in the matter preceding paragraph (1) by striking “ established by section 179 of title 10, United States Code,”.

(C)

Selected acquisition reports.— Section 4217(b)(1) of such Act (50 U.S.C. 2537(b)(1)) is amended in the matter preceding subparagraph (A) by striking “ established under section 179 of title 10, United States Code,”.

(D)

Advice on nuclear weapons stockpile.— Section 4218 of such Act (50 U.S.C. 2538) is amended—

(i)

in subsection (e), by striking “ Joint”; and

(ii)

in subsection (f)(1), in the matter preceding subparagraph (A), by striking “ established under section 179 of title 10, United States Code”.

(E)

Reports on permanent closures of defense nuclear facilities.— Section 4422(a) of such Act (50 U.S.C. 2602(a)) is amended by striking “ (as defined in section 318 of the Atomic Energy Act of 1954 (42 U.S.C. 2286(g))”.

(F)

Prohibition on international inspections.— Section 4501(a) of such Act (50 U.S.C. 2651(a)) is amended by striking “ restricted data” and inserting “ Restricted Data”.

(G)

Review of certain documents before declassification and release.— Section 4521 of such Act (50 U.S.C. 2671) is amended by striking “ restricted data” each place it appears and inserting “ Restricted Data”.

(H)

Protection against inadvertent release of restricted data and formerly restricted data.— Section 4522 of such Act (50 U.S.C. 2672) is amended by striking subsection (g).

(I)

Definitions.— Section 4701 of such Act (50 U.S.C. 2741) is amended—

(i)

by striking paragraph (2); and

(ii)

by redesignating paragraph (3) as paragraph (2).

(J)

Prohibition and report on bonuses to contractors.— Section 4802 of such Act (50 U.S.C. 2782) is amended—

(i)

by striking subsection (b); and

(ii)

by redesignating subsection (c) as subsection (b).

(K)

Transfers of real property.— Section 4831(f) of such Act (50 U.S.C. 2811(f)) is amended by striking “ section:” and all that follows through “ (2) The terms” and inserting “ section, the terms”.

(b)

Restriction on Certain Licensing Requirement.— Section 4103 of such Act (50 U.S.C. 2513) is amended by inserting “ ; 94 Stat. 3197” after “ Public Law 96–540”.

(c)

Nuclear Weapons Stockpile Matters.—

(1)

Stockpile stewardship program.— Section 4201 of such Act (50 U.S.C. 2521) is amended—

(A)

in subsection (a), in the matter preceding paragraph (1), by striking “ for Nuclear Security”; and

(B)

in subsection (b)—

(i)

in paragraph (4)(D), by striking “ Nevada national security site” and inserting “ Nevada National Security Site”; and

(ii)

in paragraph (5)—

(I)

by striking subparagraphs (A) through (D) and inserting the following new subparagraph (A):

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

; and

(II)

by redesignating subparagraph (E) as subparagraph (B).

(2)

Stockpile management program.— Section 4204(a) of such Act (50 U.S.C. 2524(a)) is amended by striking “ for Nuclear Security”.

(3)

Annual assessments of nuclear weapons stockpile.— Section 4205 of such Act (50 U.S.C. 2525) is amended—

(A)

in subsection (c), in the matter preceding paragraph (1), by striking “ for Nuclear Security”; and

(B)

in subsection (h)—

(i)

in the subsection heading, by striking “ Definitions” and inserting “ Definition”;

(ii)

by striking “ section:” and all that follows through “ (2) The term” and inserting “ section, the term”; and

(iii)

by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and by moving such paragraphs, as so redesignated, 2 ems to the left.

(4)

Nuclear test ban readiness program.— Section 4207 of such Act (50 U.S.C. 2527) is amended—

(A)

by striking subsection (a);

(B)

by redesignating subsections (b), (c), and (d) as subsections (a), (b), and (c), respectively;

(C)

in subsection (a), as redesignated by subparagraph (B), by striking “ Soviet Union” and inserting “ Russian Federation”;

(D)

in subsection (b), as redesignated by subparagraph (B), by striking “ subsection (b)” and inserting “ subsection (a)”; and

(E)

in subsection (c), as redesignated by subparagraph (B)—

(i)

by striking “ subsection (b)” and inserting “ subsection (a)”; and

(ii)

by striking “ national nuclear weapons laboratories” and inserting “ national security laboratories”.

(5)

Requirements for specific request for new or modified nuclear weapons.— Section 4209(d) of such Act (50 U.S.C. 2529(d)) is amended by striking “ the date of the enactment of this Act” each place it appears and inserting “ December 2, 2002”.

(6)

Manufacturing infrastructure.— Section 4212 of such Act (50 U.S.C. 2532) is amended—

(A)

in subsection (a)(2), by striking “ Review” and inserting “ Memorandum”; and

(B)

in subsection (c), by striking “ the Congress” and inserting “ Congress”.

(7)

Reports on critical difficulties.— Section 4213 of such Act (50 U.S.C. 2533) is amended—

(A)

in subsection (a)—

(i)

in the subsection heading, by striking “ Plants” and inserting “ Facilities”; and

(ii)

by striking “ plant” each place it appears and inserting “ facility”; and

(B)

in subsection (d)—

(i)

in the subsection heading, by striking “ Certification” and inserting “ Assessment”; and

(ii)

by striking “ included with the decision documents” and all that follows through “ the President” and inserting “ submitted to the President and Congress with the matters required to be submitted under section 4205(f)”.

(8)

Plan for transformation of nuclear security enterprise.—

(A)

Repeal.— Section 4214 of such Act (50 U.S.C. 2534) is repealed.

(B)

Clerical amendment.— The table of contents for such Act is amended by striking the item relating to section 4214.

(9)

Replacement project for chemistry and metallurgy research building.— Section 4215(d)(2) of such Act (50 U.S.C. 2535(d)(2)) is amended by striking “ National Nuclear Security”.

(10)

Advice on nuclear weapons stockpile.— Section 4218 of such Act (50 U.S.C. 2538), as amended by subsection (a)(2)(D), is further amended—

(A)

by striking subsection (a);

(B)

by redesignating subsections (b) through (g) as subsections (a) through (f), respectively; and

(C)

in subsection (d), as redesignated by subparagraph (B), by striking “ (under section 3159 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 42 U.S.C. 7274o))” and inserting “ under section 4213”.

(11)

Tritium production program.—

(A)

In general.— Subsection (b) of section 4233 of such Act (50 U.S.C. 2543) is—

(i)

transferred to the end of section 4231 (50 U.S.C. 2541); and

(ii)

redesignated as subsection (c).

(B)

Conforming repeal.— Section 4233 of such Act (50 U.S.C. 2543) is repealed.

(C)

Clerical amendment.— The table of contents for such Act is amended by striking the item relating to section 4233.

(d)

Proliferation Matters.—

(1)

Nonproliferation initiatives and activities.—

(A)

Repeal.— Section 4302 of such Act (50 U.S.C. 2562) is repealed.

(B)

Clerical amendment.— The table of contents for such Act is amended by striking the item relating to section 4302.

(2)

Nuclear cities initiative.—

(A)

Repeal.— Section 4304 of such Act (50 U.S.C. 2564) is repealed.

(B)

Clerical amendment.— The table of contents for such Act is amended by striking the item relating to section 4304.

(e)

Defense Environmental Cleanup.—

(1)

Defense environmental cleanup account.— Section 4401 of such Act (50 U.S.C. 2581) is amended—

(A)

in the section heading, by striking “ restoration and waste management” and inserting “ cleanup”;

(B)

in subsection (a), by striking “ Restoration and Waste Management” and inserting “ Cleanup”; and

(C)

in subsection (b), by striking “ environmental restoration and waste management” and inserting “ defense environmental cleanup”.

(2)

Future use plans for defense environmental cleanup.— Section 4402 of such Act (50 U.S.C. 2582) is amended—

(A)

in the section heading, by striking “ environmental management program” and inserting “ defense environmental cleanup”;

(B)

in subsection (a), by striking “ environmental restoration and waste management” and inserting “ defense environmental cleanup”;

(C)

in subsection (b)—

(i)

by striking paragraph (2); and

(ii)

by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively;

(D)

in subsection (c)(2), by striking “ for program direction in carrying out environmental restoration and waste management” and inserting “ for defense environmental cleanup”;

(E)

by striking subsection (f);

(F)

by redesignating subsections (g) and (h) as subsections (f) and (g), respectively; and

(G)

in paragraph (2) of subsection (g), as redesignated by subparagraph (F)—

(i)

by striking “ an environmental restoration or waste management” and inserting “ a defense environmental cleanup”; and

(ii)

by striking “ environmental restoration and waste management” and inserting “ defense environmental cleanup”.

(3)

Future-years defense environmental cleanup plan.— Section 4402A of such Act (50 U.S.C. 2582A) is amended—

(A)

in the section heading, by striking “ management” and inserting “ cleanup”;

(B)

in subsection (a)—

(i)

in the matter preceding paragraph (1), by striking “ management” and inserting “ cleanup”; and

(ii)

in paragraph (1), by striking “ environmental management” and inserting “ defense environmental cleanup”; and

(C)

in subsection (b), by striking “ management” each place it appears and inserting “ cleanup”.

(4)

Integrated fissile materials management plan.— Section 4403 of such Act (50 U.S.C. 2583) is amended—

(A)

in subsection (a)(1)—

(i)

by striking “ the Office of Fissile Materials Disposition, the Office of Nuclear Energy, and the Office of Defense Programs” and inserting “ the Office of Nuclear Energy, and the Administration”; and

(ii)

by striking “ storage” and inserting “ storage,”; and

(B)

in subsection (b), by striking “ March 31, 2000” and inserting “ March 31, 2014”.

(5)

Baseline environmental management reports.— Section 4404 of such Act (50 U.S.C. 2584) is repealed.

(6)

Accelerated schedule for defense environmental cleanup activities.— Section 4405 of such Act (50 U.S.C. 2585) is amended—

(A)

in the section heading, by striking “ environmental restoration and waste management” and inserting “ defense environmental cleanup”;

(B)

in subsection (a), by striking “ environmental restoration and waste management” and inserting “ defense environmental cleanup”;

(C)

in subsection (b)—

(i)

by striking paragraph (2); and

(ii)

by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively;

(D)

by striking subsection (c);

(E)

by redesignating subsection (d) as subsection (c); and

(F)

in subsection (c), as redesignated by subparagraph (E)—

(i)

by striking “ environmental restoration or waste management” and inserting “ defense environmental cleanup”; and

(ii)

by striking “ environmental restoration and waste management” and inserting “ defense environmental cleanup”.

(7)

Defense environmental cleanup technology program.— Section 4406 of such Act (50 U.S.C. 2586) is amended—

(A)

in the section heading, by striking “ waste” and inserting “ environmental”;

(B)

by striking subsections (b) and (c); and

(C)

by redesignating subsection (d) as subsection (b).

(8)

Report on defense environmental cleanup expenditures.— Section 4407 of such Act (50 U.S.C. 2587) is amended—

(A)

in the section heading, by striking “ environmental restoration” and inserting “ defense environmental cleanup”; and

(B)

by striking “ environmental restoration and waste management funds for defense activities” and inserting “ defense environmental cleanup funds”.

(9)

Public participation in planning for defense environmental cleanup.— Section 4408 of such Act (50 U.S.C. 2588) is amended—

(A)

in the section heading, by striking “ environmental restoration and waste management at defense nuclear facilities” and inserting “ defense environmental cleanup”;

(B)

by striking “ Attorneys General” and inserting “ attorneys general”; and

(C)

by striking “ environmental restoration and waste management” and inserting “ defense environmental cleanup activities”.

(10)

Projects to accelerate closure activities.— Section 4421 of such Act (50 U.S.C. 2601) is repealed.

(11)

Reports in connection with closures.— Section 4422 of such Act (50 U.S.C. 2602) is amended—

(A)

in subsection (a), as amended by subsection (a)(2)(E)—

(i)

by striking “ must” and inserting “ shall”; and

(ii)

by striking “ environmental remediation and cleanup” and inserting “ defense environmental cleanup”; and

(B)

in subsection (b)(2), by striking “ environmental restoration and other remediation and cleanup efforts” and inserting “ defense environmental cleanup activities”.

(12)

Defense environmental management privatization projects.— Subtitle C of title XLIV of such Act (50 U.S.C. 2611) is repealed.

(13)

Hanford waste tank cleanup program.— Section 4442(b)(2) of such Act (50 U.S.C. 2622(b)(2)) is amended by striking “ responsible for” and all that follows through “ aspects” and inserting “ responsible for managing all aspects”.

(14)

Funding for termination costs of river protection project.— Section 4444(2) of such Act (50 U.S.C. 2624(2)) is amended by striking “ environmental restoration and waste management” and inserting “ defense environmental cleanup”.

(15)

Savannah river site.— Subtitle E of title XLIV of such Act (50 U.S.C. 2631 et seq.) is amended by striking sections 4453A, 4453B, 4453C, and 4453D.

(16)

Conforming amendments.— Title XLIV of such Act (50 U.S.C. 2581 et seq.) is amended—

(A)

in the title heading, by striking “ ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT” and inserting “ DEFENSE ENVIRONMENTAL CLEANUP”;

(B)

in the subtitle heading for subtitle A, by striking “ Environmental Restoration and Waste Management” and inserting “ Defense Environmental Cleanup”; and

(C)

by redesignating subtitles D and E as subtitles C and D, respectively.

(17)

Clerical amendment.— The table of contents for such Act is amended by striking the items relating to title XLIV and inserting the following new items:

“TITLE XLIV— DEFENSE ENVIRONMENTAL CLEANUP MATTERS

“Subtitle A— Defense Environmental Cleanup

“Sec. 4401. Defense Environmental Cleanup Account.

“Sec. 4402. Requirement to develop future use plans for defense environmental cleanup.

“Sec. 4402A. Future-years defense environmental cleanup plan.

“Sec. 4403. Integrated fissile materials management plan.

“Sec. 4405. Accelerated schedule for defense environmental cleanup activities.

“Sec. 4406. Defense environmental cleanup technology program.

“Sec. 4407. Report on defense environmental cleanup expenditures.

“Sec. 4408. Public participation in planning for defense environmental cleanup.

“Subtitle B— Closure of Facilities

“Sec. 4422. Reports in connection with permanent closures of Department of Energy defense nuclear facilities.

“Subtitle C— Hanford Reservation, Washington

“Sec. 4441. Safety measures for waste tanks at Hanford nuclear reservation.

“Sec. 4442. Hanford waste tank cleanup program reforms.

“Sec. 4443. River Protection Project.

“Sec. 4444. Funding for termination costs of River Protection Project, Richland, Washington.

“Subtitle D— Savannah River Site, South Carolina

“Sec. 4451. Accelerated schedule for isolating high-level nuclear waste at the defense waste processing facility, Savannah River Site.

“Sec. 4452. Multi-year plan for clean-up.

“Sec. 4453. Continuation of processing, treatment, and disposal of legacy nuclear materials.

“Sec. 4454. Limitation on use of funds for decommissioning F–canyon facility.”.

(f)

Safeguards and Security Matters.—

(1)

Restrictions on access to national security laboratories.— Section 4502 of such Act (50 U.S.C. 2652) is amended—

(A)

by striking subsections (b), (c), (d), and (e);

(B)

by redesignating subsections (f) and (g) as subsections (b) and (c), respectively; and

(C)

in paragraph (2) of subsection (c), as redesignated by subparagraph (B), by striking “ as in effect on January 1, 1999”.

(2)

Counterintelligence polygraph program.— Section 4504 of such Act (50 U.S.C. 2654) is amended—

(A)

by striking subsection (d); and

(B)

by redesignating subsection (e) as subsection (d).

(3)

Notice to congress of certain security and counterintelligence failures.— Section 4505(e)(2) of such Act (50 U.S.C. 2656(e)(2)) is amended by striking “ the Congress” and inserting “ Congress”.

(4)

Amounts for declassification activities.— Section 4525 of such Act (50 U.S.C. 2675) is amended by striking subsection (c).

(5)

Responsibility for defense programs emergency response program.—

(A)

Repeal.— Subtitle C of title XLV of such Act (50 U.S.C. 2691) is repealed.

(B)

Clerical amendment.— The table of contents for such Act is amended by striking the items relating to subtitle C of title XLV.

(g)

Personnel Matters.—

(1)

Appointment of certain personnel.— Section 4601(a) of such Act (50 U.S.C. 2701(a)) is amended by striking paragraph (4).

(2)

Whistleblower protection program.— Section 4602 of such Act (50 U.S.C. 2702) is amended—

(A)

in subsection (l), by striking “ Public Law 101–512” and inserting “ Public Law 101–12; 103 Stat. 16”; and

(B)

by striking subsection (n).

(3)

Incentives for employees at closure project facilities.—

(A)

Repeal.— Section 4603 of such Act (50 U.S.C. 2703) is repealed.

(B)

Clerical amendment.— The table of contents for such Act is amended by striking the item relating to section 4603.

(4)

Workforce restructuring place.— Section 4604 of such Act (50 U.S.C. 2704) is amended—

(A)

in subsection (c)(6)(A), by inserting “ (29 U.S.C. 2801 et seq.)” after “ of 1998”; and

(B)

in subsection (f)(1), by striking “ the 236 H facility at Savannah River, South Carolina; and the Mound Laboratory, Ohio” and inserting “ and the 236 H facility at Savannah River, South Carolina”.

(5)

Certificates of commendation.— Section 4605(b) of such Act (50 U.S.C. 2705(b)) is amended by striking “ Cold War” and inserting “ cold war”.

(6)

Executive management training.— Section 4621(b)(6) of such Act (50 U.S.C. 2721(b)(6)) is amended by striking “ environmental restoration and defense waste management” and inserting “ defense environmental cleanup”.

(7)

Stockpile stewardship recruitment and training program.— Section 4622 of such Act (50 U.S.C. 2722) is amended—

(A)

in subsection (a), by striking “ Sandia” and all that follows through “ Los Alamos National Laboratory” and inserting “ national security laboratories”; and

(B)

in subsections (b) and (c), by striking “ laboratories referred to in subsection (a)(1)” each place it appears and inserting “ national security laboratories”.

(8)

Fellowship program.— Section 4623(b) of such Act (50 U.S.C. 2723(b)) is amended in the matter preceding paragraph (1) by inserting “ either of” after “ who are”.

(9)

Worker protection.— Section 4641 of such Act (50 U.S.C. 2731) is amended by striking subsection (e).

(10)

Safety oversight and enforcement.— Section 4642 of such Act (50 U.S.C. 2732) is amended—

(A)

by striking “ (a) Safety at Defense Nuclear Facilities.—”; and

(B)

by striking subsection (b).

(11)

Monitoring workers exposed to hazardous and radioactive substances.— Section 4643 of such Act (50 U.S.C. 2733) is amended—

(A)

in subsection (a), by inserting “ of Energy” after “ Secretary”; and

(B)

in subsection (b)—

(i)

in paragraph (2)(B)—

(I)

by inserting “ and Prevention” after “ Disease Control”; and

(II)

by striking the semicolon at the end and inserting a period;

(ii)

in paragraph (3)(C), by inserting “ and Measurements” after “ Radiation Protection”;

(iii)

in paragraph (4)—

(I)

by striking “ paragraph (1)(D)” and inserting “ paragraph (1)(B)”; and

(II)

by striking “ paragraph (1)(E)” and inserting “ paragraph (1)”; and

(iv)

in paragraph (5), by striking “ paragraph (1)(E)” and inserting “ paragraph (1)”.

(12)

Programs relating to exposure on hanford reservation.— Section 4644(c) of such Act (50 U.S.C. 2734(c)) is amended—

(A)

by striking “ the Congress” each place it appears and inserting “ Congress”; and

(B)

in paragraph (4), by inserting “ and Prevention” after “ Disease Control”.

(13)

Notification of nuclear criticality and non-nuclear incidents.— Section 4646(a) of such Act (50 U.S.C. 2736(a)) is amended by striking “ Energy and” and inserting “ Energy or”.

(h)

Budget and Financial Matters.—

(1)

Reprogramming.— Section 4702(c) of such Act (50 U.S.C. 2742(c)) is amended by striking “ subsection (a)” and insert “ this subsection”.

(2)

Transfer of defense environmental cleanup funds.— Section 4710 of such Act (50 U.S.C. 2750) is amended—

(A)

in the section heading, by striking “ management” and inserting “ cleanup”;

(B)

in subsection (a)—

(i)

in the subsection heading, by striking “ Management” and inserting “ Cleanup”; and

(ii)

by striking “ management” and inserting “ cleanup”; and

(C)

in subsection (e)—

(i)

in paragraph (1)—

(I)

by striking “ environmental restoration or waste management” and inserting “ defense environmental cleanup”; and

(II)

by striking “ environmental management” and inserting “ environmental cleanup”; and

(ii)

in paragraph (2)—

(I)

by striking “ environmental management” and inserting “ environmental cleanup”; and

(II)

by striking “ environmental restoration and waste management” and inserting “ defense environmental cleanup”.

(3)

Transfer of weapons activities funds.— Section 4711(d) of such Act (50 U.S.C. 2751(d)) is amended by striking “ for Nuclear Security”.

(4)

Notification of cost overruns.— Section 4713(a)(3) of such Act (50 U.S.C. 2753(a)(3)) is amended—

(A)

in the paragraph heading, by striking “ management” and inserting “ cleanup”; and

(B)

in subparagraph (A), by striking “ environmental management” and inserting “ environmental cleanup”.

(5)

Use of funds for penalties under environmental laws.— Section 4721(b)(2) of such Act (50 U.S.C. 2761(b)(2)) is amended by striking “ the Congress” and inserting “ Congress”.

(6)

Restriction on use of funds to pay certain penalties.— Section 4722 of such Act (50 U.S.C. 2762) is amended—

(A)

by inserting “ ; 94 Stat. 3197” after “ Public Law 96–540”; and

(B)

by striking “ the Congress” and inserting “ Congress”.

(i)

Administrative Matters.—

(1)

Costs not allowed under covered contracts.— Section 4801(b)(1) of such Act (50 U.S.C. 2781(b)(1)) is amended by striking “ section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 418b)” and inserting “ section 1707 of title 41, United States Code”.

(2)

Contractor liability for certain injuries or loss of property.— Section 4803(b)(1) of such Act (50 U.S.C. 2783(b)(1)) is amended by striking “ by the Act of March 9, 1920 (46 U.S.C. App. 741–752), or by the Act of March 3, 1925 (46 U.S.C. App. 781–790)” and inserting “ or by chapter 309 or 311 of title 46, United States Code”.

(3)

Use of funds for laboratory-directed research and development.— Section 4812 of such Act (50 U.S.C. 2792) is amended—

(A)

by striking subsection (b);

(B)

by striking “ General Limitations.—(1)” and inserting “ Limitation on Use of Weapons Activities Funds.—”;

(C)

by striking “ (2)” and inserting “ (b) Limitation on Use of Certain Other Funds.—”; and

(D)

in subsection (b), as redesignated by subparagraph (C)—

(i)

by striking “ environmental restoration, waste management, or nuclear materials and facilities stabilization” and inserting “ defense environmental cleanup”; and

(ii)

by striking “ environmental restoration mission, waste management mission, or materials stabilization mission, as the case may be,” and inserting “ defense environmental cleanup mission”.

(4)

Report on laboratory-directed research and development funds.—

(A)

In general.— Section 4812A of such Act (50 U.S.C. 2793) is amended—

(i)

in the section heading, by striking “ limitation” and inserting “ report”;

(ii)

by striking subsection (a);

(iii)

by striking “ (b) Annual Report.—(1)” and inserting “ (a) Report Required.—”;

(iv)

by striking “ (2)” and inserting “ (b) Preparation of Report.—”; and

(v)

by striking “ (3)” and inserting “ (c) Criteria Used in Preparation of Report.—”.

(B)

Clerical amendment.— The table of contents for such Act is amended by striking the item relating to section 4812A and inserting the following new item:

“Sec. 4812A. Report on use of funds for certain research and development purposes.”.

(5)

Critical technology partnerships.— Section 4813 of such Act (50 U.S.C. 2794) is amended—

(A)

in subsection (b)(1), by striking “ for Nuclear Security”; and

(B)

in subsection (c)—

(i)

in paragraph (1), by striking subparagraph (C) and inserting the following new subparagraph (C):

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

; and

(ii)

in paragraph (3)(B)(iii), by striking “ Governments” and inserting “ governments”.

(6)

Certain transfers of real property.— Section 4831 of such Act (50 U.S.C. 2811), as amended by subsection (a)(2)(K), is further amended—

(A)

by striking “ Secretary of Energy” each place it appears (other than in subsection (a)(1)) and inserting “ Secretary”; and

(B)

in subsection (d), in the subsection heading, by striking “ of Energy”.

(7)

Engineering and manufacturing research, development, and demonstration.—

(A)

In general.— Section 4832 of such Act (50 U.S.C. 2812) is amended in the section heading by striking “ plant managers of certain nuclear weapons production plants” and inserting “ managers of certain nuclear weapons production facilities”.

(B)

Clerical amendment.— The table of contents for such Act is amended by striking the item relating to section 4832 and inserting the following new item:

“Sec. 4832. Engineering and manufacturing research, development, and demonstration by managers of certain nuclear weapons production facilities.”.

SEC. 3147. Sense of Congress on B61–12 Life Extension Program.

It is the sense of Congress that—

(1)

the B61–12 life extension program must be a high priority of the National Nuclear Security Administration;

(2)

the B61–12 life extension program must be given top priority in the budget of the Administration and, if necessary, funding should be shifted from other programs of the Administration to ensure that the B61–12 life extension program stays on schedule to begin delivering B61–12 nuclear bombs to the military by not later than fiscal year 2020; and

(3)

further delays to the B61–12 life extension program would undermine the credibility and reliability of the nuclear deterrent of the United States and the assurances provided to allies of the United States.

SEC. 3148. Sense of Congress on Establishment of an Advisory Board on Toxic Substances and Worker Health.

It is the sense of Congress that the President should establish an Advisory Board on Toxic Substances and Worker Health, as described in the report of the Comptroller General of the United States titled “Energy Employees Compensation: Additional Independent Oversight and Transparency Would Improve Program’s Credibility”, numbered GAO–10–302, to—

(1)

advise the President concerning the review and approval of the Department of Labor site exposure matrix;

(2)

conduct periodic peer reviews of, and approve, medical guidance for part E claims examiners with respect to the weighing of a claimant’s medical evidence;

(3)

obtain periodic expert review of evidentiary requirements for part B claims related to lung disease regardless of approval;

(4)

provide oversight over industrial hygienists, Department of Labor staff physicians, and Department of Labor’s consulting physicians and their reports to ensure quality, objectivity, and consistency; and

(5)

coordinate exchanges of data and findings with the Advisory Board on Radiation and Worker Health (under section 3624 the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384o)) to the extent necessary.

TITLE XXXII Defense Nuclear Facilities Safety Board

SEC. 3201. Authorization.

There are authorized to be appropriated for fiscal year 2014, $29,915,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).

TITLE XXXIV Naval Petroleum Reserves

SEC. 3401. Authorization of Appropriations.

(a)

Amount.— There are hereby authorized to be appropriated to the Secretary of Energy $20,000,000 for fiscal year 2014 for the purpose of carrying out activities under chapter 641 of title 10, United States Code, relating to the naval petroleum reserves.

(b)

Period of Availability.— Funds appropriated pursuant to the authorization of appropriations in subsection (a) shall remain available until expended.

TITLE XXXV Maritime Administration

SEC. 3501. Authorization of Appropriations for National Security Aspects of the Merchant Marine for Fiscal Year 2014.

Funds are hereby authorized to be appropriated for fiscal year 2014, to be available without fiscal year limitation if so provided in appropriations Acts, for the use of the Department of Transportation for Maritime Administration programs associated with maintaining national security aspects of the merchant marine, as follows:

(1)

For expenses necessary for operations of the United States Merchant Marine Academy, $81,268,000, of which—

(A)

$67,268,000 shall remain available until expended for Academy operations; and

(B)

$14,000,000 shall remain available until expended for capital asset management at the Academy.

(2)

For expenses necessary to support the State maritime academies, $17,100,000, of which—

(A)

$2,400,000 shall remain available until expended for student incentive payments;

(B)

$3,600,000 shall remain available until expended for direct payments to such academies; and

(C)

$11,100,000 shall remain available until expended for maintenance and repair of State maritime academy training vessels.

(3)

For expenses necessary to dispose of vessels in the National Defense Reserve Fleet, $2,000,000, to remain available until expended.

(4)

For expenses to maintain and preserve a United States-flag merchant marine to serve the national security needs of the United States under chapter 531 of title 46, United States Code, $186,000,000.

(5)

For the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan guarantees under the program authorized by chapter 537 of title 46, United States Code, $72,655,000, of which $2,655,000 shall remain available until expended for administrative expenses of the program.

SEC. 3502. 5-Year Reauthorization of Vessel War Risk Insurance Program.

Section 53912 of title 46, United States Code, is amended by striking “ December 31, 2015” and inserting “ December 31, 2020”.

SEC. 3503. Sense of Congress.

(a)

Findings.— Congress finds the following:

(1)

It is in the interest of United States national security that the United States merchant marine, both ships and mariners, serve as a naval auxiliary in times of war or national emergency.

(2)

The readiness of the United States merchant fleet should be augmented by a Government-owned reserve fleet comprised of ships with national defense features that may not be available immediately in sufficient numbers or types in the active United States-owned, United States-flagged, and United States-crewed commercial industry.

(3)

The Ready Reserve Force of the Maritime Administration, a component of the National Defense Reserve Fleet, plays an important role in United States national security by providing necessary readiness and efficiency in the form of a Government-owned sealift fleet.

(b)

Sense of Congress.— It is the sense of Congress that—

(1)

maintaining a United States shipbuilding base is critical to meeting United States national security requirements;

(2)

it is of vital importance that the Ready Reserve Force of the Maritime Administration remains capable, modern, and efficient in order to best serve the national security needs of the United States in times of war or national emergency;

(3)

Federal agencies must consider investment options for replacing aging vessels within the Ready Reserve Force to meet future operational commitments;

(4)

investment in recapitalizing the Ready Reserve Force may include—

(A)

construction of dual-use vessels, based on need, for use in the America’s Marine Highway Program of the Department of Transportation, as a recent study performed under a cooperative agreement between the Maritime Administration and the Navy demonstrated that dual-use vessels transporting domestic freight between United States ports could be called upon to supplement sealift capacity;

(B)

construction of tanker vessels to meet military transport needs; and

(C)

construction of vessels for use in transporting potential new energy exports; and

(5)

the Department of Transportation, in consultation with the Navy, should pursue the most cost-effective means of recapitalizing the Ready Reserve Force, including by promoting the building of new vessels that are militarily useful and commercially viable.

SEC. 3504. Treatment of Funds for Intermodal Transportation Maritime Facility, Port of Anchorage, Alaska.

Section 10205 of Public Law 109–59 (119 Stat. 1934) is amended by striking “ shall” and inserting “ may”.

SEC. 3505. Strategic Seaports.

(a)

Priority.—

(1)

In general.— Under the port infrastructure development program established under section 50302(c) of title 46, United States Code, the Maritime Administrator, in consultation with the Secretary of Defense, may give priority to providing funding to strategic seaports in support of national security requirements.

(2)

Strategic seaport defined.— In this subsection the term “strategic seaport” means a military port or and commercial port that is subject to a port planning order or Basic Ordering Agreement (or both) that is projected to be used for the deployment of forces and shipment of ammunition or sustainment supplies in support of military operations.

(b)

Financial Assistance.— Section 50302(c)(2)(D) of title 46, United States Code, is amended by inserting “ and financial assistance, including grants,” after “ technical assistance”.