S 1393 ES
111th CONGRESS
1st Session
S. 1393
AN ACT
To authorize appropriations for fiscal year 2010 for defense activities of the Department of Energy, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2.Table of contents.
Sec. 3. Congressional defense committees.
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.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Funding table.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Nuclear weapons stockpile life extension program.
Sec. 3112. Elimination of nuclear weapons life extension program from exception to requirement to request funds in budget of the President.
Sec. 3113. Repeal of Reliable Replacement Warhead program.
Sec. 3114. Authorization of use of International Nuclear Materials Protection and Cooperation program funds for bilateral and multilateral nonproliferation and disarmament activities.
Sec. 3115. Repeal of prohibition on funding activities associated with international cooperative stockpile stewardship.
Sec. 3116. Modification of minor construction threshold for plant projects.
Sec. 3117. Two-year extension of authority for appointment of certain scientific, engineering, and technical personnel.
Sec. 3118. Repeal of sunset date for consolidation of counterintelligence programs of Department of Energy and National Nuclear Security Administration.
Subtitle C--Other Matters
Sec. 3131. Ten-year plan for utilization and funding of certain Department of Energy facilities.
Sec. 3132. Review of management and operation of certain national laboratories.
Sec. 3133. Inclusion in 2010 stockpile stewardship plan of certain information relating to stockpile stewardship criteria.
Sec. 3134. Comptroller General of the United States review of projects carried out by the Office of Environmental Management of the Department of Energy pursuant to the American Recovery and Reinvestment Act of 2009.
Sec. 3135. Identification in budget materials of amounts for certain Department of Energy pension obligations.
Sec. 3136. Expansion of authority of Ombudsman of Energy Employees Occupational Illness Compensation Program.
Sec. 3137. Comptroller General study of stockpile stewardship program.
Sec. 3138. Sense of the Senate on production of molybdenum-99.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
TITLE XXXIII--MARITIME ADMINISTRATION
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term ‘congressional defense committees’ has the meaning given that term in section 101(a)(16) of title 10, United States Code.
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 2010 for the activities of the National Nuclear Security Administration in carrying out programs necessary for national security in the amount of $10,051,215,000, to be allocated as follows:
(1) For weapons activities, $6,490,619,000.
(2) For defense nuclear nonproliferation activities, including $705,900,000 for fissile materials disposition, $2,136,709,000.
(3) For naval reactors, $1,003,133,000.
(4) For the Office of the Administrator for Nuclear Security, $420,754,000.
(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:
(1) For readiness in technical base and facilities, the following new plant project:
Project 10-D-501, Nuclear Facility Risk Reduction (NFRR), Y-12 National Security Complex, Oak Ridge, Tennessee, $12,500,000.
(2) For defense nuclear security, the following new plant project:
Project 10-D-701, Security Improvement Project (SIP), Y-12 National Security Complex, Oak Ridge, Tennessee, $49,000,000.
(3) For naval reactors, the following new plant projects:
Project 10-D-904, Naval Reactors Facility (NRF) infrastructure upgrades, Naval Reactors Facility, Idaho Falls, Idaho, $700,000.
Project 10-D-903, Security upgrades, Knolls Atomic Power Laboratory, Knolls Site and Kesselring Site, Schenectady, New York, $1,500,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2010 for defense environmental cleanup activities in carrying out programs necessary for national security in the amount of $5,395,831,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2010 for other defense activities in carrying out programs necessary for national security in the amount of $852,468,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2010 for defense nuclear waste disposal for payment to the Nuclear Waste Fund established in section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of $98,400,000.
SEC. 3105. FUNDING TABLE.
The amounts authorized to be appropriated by sections 3101, 3102, 3103, and 3104 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4501.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. NUCLEAR WEAPONS STOCKPILE LIFE EXTENSION PROGRAM.
‘SEC. 4204. NUCLEAR WEAPONS STOCKPILE LIFE EXTENSION PROGRAM.
‘(a) Program Required- The Secretary of Energy shall, in consultation with the Secretary of Defense, carry out a program to provide for the extension of the effective life of the weapons in the nuclear weapons stockpile without nuclear weapons testing.
‘(b) Administrative Responsibility for Program-
‘(1) IN GENERAL- The program under subsection (a) shall be carried out through the National Nuclear Security Administration.
‘(2) INCLUSION OF PROGRAM FUNDS IN BUDGET- For each budget submitted by the President to Congress under section 1105 of title 31, United States Code, the amounts requested for the program under subsection (a) shall be clearly identified in the budget justification materials submitted to Congress in support of that budget.
‘(c) Program Plan- As part of the program under subsection (a), the Secretary of Energy shall develop a long-term plan to extend the effective life of the weapons in the nuclear weapons stockpile without nuclear weapons testing. The plan shall include the following:
‘(1) Mechanisms to provide for the manufacture, maintenance, and modernization of each weapon design in the nuclear stockpile, as needed.
‘(2) Mechanisms to expedite the collection of information necessary for carrying out the program, including information relating to the aging of materials and components, new manufacturing techniques, and the replacement or substitution of materials.
‘(3) Mechanisms to ensure the appropriate assignment of roles and missions for each nuclear weapons laboratory and production plant of the Department of Energy, including mechanisms for allocation of workload, mechanisms to ensure the carrying out of appropriate modernization activities, and mechanisms to ensure the retention of skilled personnel.
‘(4) Mechanisms to ensure that each national laboratory of the National Nuclear Security Administration has full and complete access to all weapons data to enable a rigorous peer review process to support the annual assessment of the condition of the nuclear weapons stockpile required under section 4205.
‘(5) Mechanisms for allocating funds for activities under the program, including allocations of funds by weapon type and facility.
‘(6) An identification of the funds needed, in the current fiscal year and in each of the next 5 fiscal years, to carry out the program.
‘(d) Annual Updates- The Secretary of Energy shall update the plan required under subsection (c) annually and shall submit the updated plan to Congress as part of the plan for maintaining the nuclear weapons stockpile submitted to Congress under section 4203(c).
‘(e) Sense of Congress on Funding of Program- It is the sense of Congress that the President should include in each budget for a fiscal year submitted to Congress under section 1105 of title 31, United States Code, sufficient funds to carry out in that fiscal year the activities under the program under subsection (a) that are specified in the most current version of the plan required under subsection (c).’.
SEC. 3112. ELIMINATION OF NUCLEAR WEAPONS LIFE EXTENSION PROGRAM FROM EXCEPTION TO REQUIREMENT TO REQUEST FUNDS IN BUDGET OF THE PRESIDENT.
Full Text of Legislation