[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3457 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 417
111th CONGRESS
  2d Session
                                S. 3457

To authorize appropriations for fiscal year 2011 for defense activities 
          of the Department of Energy, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 4, 2010

    Mr. Levin, from the Committee on Armed Services reported, under 
 authority of the order of the Senate of May 28 (legislative day, May 
26), 2010, the following original bill; which was read twice and placed 
                            on the calendar

_______________________________________________________________________

                                 A BILL


 
To authorize appropriations for fiscal year 2011 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.

    This Act may be cited as the ``Department of Energy National 
Security Act for Fiscal Year 2011''.

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.
   Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Assessment of adequacy of budget requests with respect to 
                            maintaining the nuclear weapons stockpile.
Sec. 3112. Biennial plan on modernization and refurbishment of the 
                            nuclear security complex.
Sec. 3113. Future-years defense environmental management plan.
Sec. 3114. Notification of cost overruns for certain Department of 
                            Energy projects.
Sec. 3115. Authority to purchase or lease aircraft necessary to support 
                            the mission of the National Nuclear 
                            Security Administration.
Sec. 3116. Limitation on use of funds for establishment of centers of 
                            excellence in countries outside of the 
                            former Soviet Union.
Sec. 3117. Extension of authority of Secretary of Energy for 
                            appointment of certain scientific, 
                            engineering, and technical personnel.
Sec. 3118. Extension of authority of Secretary of Energy to enter into 
                            transactions to carry out certain research 
                            projects.
Sec. 3119. Extension of deadline for cooperation with the Russian 
                            Federation with respect to development of 
                            nuclear materials protection, control, and 
                            accounting program.
Sec. 3120. Repeal of sunset provision for modification of minor 
                            construction threshold for plant projects.
Sec. 3121. Extension of deadline for transfer of parcels of land to be 
                            conveyed to Los Alamos County, New Mexico, 
                            and held in trust for the Pueblo of San 
                            Ildefonso.
                       Subtitle C--Other Matters

Sec. 3131. Department of Energy energy parks program.
Sec. 3132. Reclassification of certain appropriations for the National 
                            Nuclear Security Administration.
          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.
                 TITLE XXXIII--MARITIME ADMINISTRATION

Sec. 3301. Maritime Administration.
                       DIVISION D--FUNDING TABLES

Sec. 4001. Authorization of amounts in funding tables.
      TITLE XLVI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 4601. Department of Energy national security programs.

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 2011 for 
the activities of the National Nuclear Security Administration in 
carrying out programs as specified in the funding table in section 
4601.
    (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 11-D-801, TA55 Reinvestment Project-Phase 
                II, Los Alamos National Laboratory, Los Alamos, New 
                Mexico, $20,000,000.
            (2) For site stewardship, the following new plant project:
                    Project 11-D-601, sanitary effluent reclamation 
                facility expansion, Los Alamos National Laboratory, Los 
                Alamos, New Mexico, $15,000,000.

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2011 for defense environmental cleanup 
activities in carrying out programs as specified in the funding table 
in section 4601.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2011 for other defense activities in carrying 
out programs as specified in the funding table in section 4601.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

SEC. 3111. ASSESSMENT OF ADEQUACY OF BUDGET REQUESTS WITH RESPECT TO 
              MAINTAINING THE NUCLEAR WEAPONS STOCKPILE.

    (a) In General.--Section 3255 of the National Nuclear Security 
Administration Act (50 U.S.C. 2455) is amended to read as follows:

``SEC. 3255. ASSESSMENT OF ADEQUACY OF BUDGET REQUESTS WITH RESPECT TO 
              MAINTAINING THE NUCLEAR WEAPONS STOCKPILE.

    ``(a) Assessment of Adequacy of Budget Requests.--
            ``(1) In general.--The Administrator shall include with the 
        nuclear security budget materials submitted for each fiscal 
        year an assessment by the Administrator of whether the budget 
        materials specified in paragraph (2) provide for funding of the 
        nuclear security complex and programs and activities to be 
        carried out during that fiscal year at a level adequate to 
        support the plans, programs, and activities described in the 
        plan for maintaining the nuclear weapons stockpile required by 
        section 4203 of the Atomic Energy Defense Act (50 U.S.C. 2523).
            ``(2) Budget materials specified.--The budget materials 
        specified in this paragraph are the budget for a fiscal year 
        and the future-years nuclear security program submitted to 
        Congress in relation to that budget under section 3253.
    ``(b) Assessment of Risks and Implications of Inadequate Funding.--
            ``(1) In general.--If the Administrator determines under 
        subsection (a) that funding requested for a fiscal year for the 
        nuclear security complex is inadequate to support the plans, 
        programs, and activities referred to in subsection (a), the 
        Administrator shall include with the nuclear security budget 
        materials for that fiscal year an assessment of the risks and 
        implications of inadequate funding with respect to the ability 
        of the nuclear security complex--
                    ``(A) to support the annual certification of the 
                nuclear weapons stockpile under section 4203 of the 
                Atomic Energy Defense Act; and
                    ``(B) to maintain the long-term safety, security, 
                and reliability of the nuclear weapons stockpile.
            ``(2) Coordination.--In making the assessment described in 
        paragraph (1), the Administrator shall coordinate in advance 
        with the Secretary of Defense and the Commander of the United 
        States Strategic Command.
    ``(c) Definitions.--In this section:
            ``(1) Budget.--The term `budget' means the budget for a 
        fiscal year that is submitted to Congress by the President 
        under section 1105(a) of title 31, United States Code.
            ``(2) Nuclear security budget materials.--The term `nuclear 
        security budget materials' means the materials submitted to 
        Congress by the Administrator in support of the budget for a 
        fiscal year.
            ``(3) Nuclear security complex.--The term `nuclear security 
        complex' means the physical facilities, technology, and human 
        capital of the following:
                    ``(A) The national security laboratories.
                    ``(B) The Kansas City Plant, Kansas City, Missouri.
                    ``(C) The Nevada Test Site, Nevada.
                    ``(D) The Savannah River Site, Aiken, South 
                Carolina.
                    ``(E) The Y-12 National Security Complex, Oak 
                Ridge, Tennessee.
                    ``(F) The Pantex Plant, Amarillo, Texas.''.
    (b) Clerical Amendment.--The table of contents for the National 
Nuclear Security Administration Act is amended by striking the item 
relating to section 3255 and inserting the following new item:

``Sec. 3255. Assessment of adequacy of budget requests with respect to 
                            maintaining the nuclear weapons 
                            stockpile.''.

SEC. 3112. BIENNIAL PLAN ON MODERNIZATION AND REFURBISHMENT OF THE 
              NUCLEAR SECURITY COMPLEX.

    (a) In General.--Subtitle A of title XLII of the Atomic Energy 
Defense Act (50 U.S.C. 2521 et seq.) is amended by inserting after 
section 4203 the following new section:

``SEC. 4203A. BIENNIAL PLAN ON MODERNIZATION AND REFURBISHMENT OF THE 
              NUCLEAR SECURITY COMPLEX.

    ``(a) In General.--In each even-numbered year beginning after the 
date of the enactment of the National Defense Authorization Act for 
Fiscal Year 2011, the Secretary of Energy, acting through the 
Administrator for Nuclear Security, shall include in the plan for 
maintaining the nuclear weapons stockpile required by section 4203 a 
plan for the modernization and refurbishment of the nuclear security 
complex.
    ``(b) Plan Design.--
            ``(1) In general.--The plan required by subsection (a) 
        shall be designed to ensure that the nuclear security complex 
        is capable of supporting the following:
                    ``(A) Except as provided in paragraph (2), the 
                national security strategy of the United States as set 
                forth in the most recent national security strategy 
                report of the President under section 108 of the 
                National Security Act of 1947 (50 U.S.C. 404a).
                    ``(B) The nuclear posture of the United States as 
                set forth in the most recent Nuclear Posture Review.
            ``(2) Exception.--If, at the time the plan is submitted 
        under subsection (a), a national security strategy report has 
        not been submitted to Congress under section 108 of the 
        National Security Act of 1947, the plan required by subsection 
        (a) shall be designed to ensure that the nuclear security 
        complex is capable of supporting the national defense strategy 
        recommended in the report of the most recent Quadrennial 
        Defense Review.
    ``(c) Plan Elements.--The plan required by subsection (a) shall 
include the following:
            ``(1) A description of the modernization and refurbishment 
        measures the Secretary determines necessary to meet the 
        requirements of--
                    ``(A) the national security strategy of the United 
                States as set forth in the most recent national 
                security strategy report of the President under section 
                108 of the National Security Act of 1947 or the 
                national defense strategy recommended in the report of 
                the most recent Quadrennial Defense Review, as 
                applicable under subsection (b); and
                    ``(B) the Nuclear Posture Review.
            ``(2) A schedule for implementing the measures described in 
        paragraph (1) during the ten years following the date on which 
        the plan for maintaining the nuclear weapons stockpile required 
        by section 4203 and into which the plan required by subsection 
        (a) is incorporated is submitted to Congress under section 
        4203(c).
            ``(3) An estimate of the annual funds the Administrator 
        determines necessary to carry out the plan required by 
        subsection (a), including a discussion of the criteria, 
        evidence, and strategies on which the estimate is based.
    ``(d) Definitions.--In this section:
            ``(1) Nuclear security complex.--The term `nuclear security 
        complex' means the physical facilities, technology, and human 
        capital of the following:
                    ``(A) The national security laboratories (as 
                defined in section 3281 of the National Nuclear 
                Security Administration Act (50 U.S.C. 2471)).
                    ``(B) The Kansas City Plant, Kansas City, Missouri.
                    ``(C) The Nevada Test Site, Nevada.
                    ``(D) The Savannah River Site, Aiken, South 
                Carolina.
                    ``(E) The Y-12 National Security Complex, Oak 
                Ridge, Tennessee.
                    ``(F) The Pantex Plant, Amarillo, Texas.
            ``(2) Quadrennial defense review.--The term `Quadrennial 
        Defense Review' means the review of the defense programs and 
        policies of the United States that is carried out every four 
        years under section 118 of title 10, United States Code.''.
    (b) Clerical Amendment.--The table of contents for the Atomic 
Energy Defense Act is amended by inserting after the item relating to 
section 4203 the following new item:

``Sec. 4203A. Biennial plan on modernization and refurbishment of the 
                            nuclear security complex.''.

SEC. 3113. FUTURE-YEARS DEFENSE ENVIRONMENTAL MANAGEMENT PLAN.

    (a) In General.--Title XLIV of the Atomic Energy Defense Act (50 
U.S.C. 2581 et seq.) is amended by inserting after section 4402 the 
following new section:

``SEC. 4402A. FUTURE-YEARS DEFENSE ENVIRONMENTAL MANAGEMENT PLAN.

    ``(a) In General.--The Secretary of Energy shall submit to Congress 
each year, at or about the same time that the President's budget is 
submitted to Congress for a fiscal year under section 1105(a) of title 
31, United States Code, a future-years defense environmental management 
plan that--
            ``(1) reflects the estimated expenditures and proposed 
        appropriations included in that budget for the Department of 
        Energy for environmental management; and
            ``(2) covers a period that includes the fiscal year for 
        which that budget is submitted and not less than the four 
        succeeding fiscal years.
    ``(b) Elements.--Each future-years defense environmental management 
plan required by subsection (a) shall contain the following:
            ``(1) A detailed description of the projects and activities 
        relating to defense environmental management to be carried out 
        during the period covered by the plan at the sites specified in 
        subsection (c) and with respect to the activities specified in 
        subsection (d).
            ``(2) A statement of proposed budget authority, estimated 
        expenditures, and proposed appropriations necessary to support 
        such projects and activities.
            ``(3) With respect to each site specified in subsection 
        (c), the following:
                    ``(A) A statement of each milestone included in an 
                enforceable agreement governing cleanup and waste 
                remediation for that site for each fiscal year covered 
                by the plan.
                    ``(B) For each such milestone, a statement with 
                respect to whether each such milestone will be met in 
                each such fiscal year.
                    ``(C) For any milestone that will not be met, an 
                explanation of why the milestone will not be met and 
                the date by which the milestone is expected to be met.
    ``(c) Sites Specified.--The sites specified in this subsection are 
the following:
            ``(1) The Idaho National Laboratory, Idaho.
            ``(2) The Waste Isolation Pilot Plant, Carlsbad, New 
        Mexico.
            ``(3) The Savannah River Site, Aiken, South Carolina.
            ``(4) The Oak Ridge National Laboratory, Oak Ridge, 
        Tennessee.
            ``(5) The Hanford Site, Richland, Washington.
            ``(6) Any defense closure site of the Department of Energy.
            ``(7) Any site of the National Nuclear Security 
        Administration.
    ``(d) Activities Specified.--The activities specified in this 
subsection are the following:
            ``(1) Program support.
            ``(2) Program direction.
            ``(3) Safeguards and security.
            ``(4) Technology development and deployment.
            ``(5) Federal contributions to the Uranium Enrichment 
        Decontamination and Decommissioning Fund established under 
        section 1801 of the Atomic Energy Act of 1954 (42 U.S.C. 
        2297g).''.
    (b) Clerical Amendment.--The table of contents for the Atomic 
Energy Defense Act is amended by inserting after the item relating to 
section 4402 the following new item:

``Sec. 4402A. Future-years defense environmental management plan.''.

SEC. 3114. NOTIFICATION OF COST OVERRUNS FOR CERTAIN DEPARTMENT OF 
              ENERGY PROJECTS.

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

``SEC. 4713. NOTIFICATION OF COST OVERRUNS FOR CERTAIN DEPARTMENT OF 
              ENERGY PROJECTS.

    ``(a) Establishment of Cost and Schedule Baselines.--
            ``(1) Stockpile life extension projects.--
                    ``(A) In general.--The Administrator for Nuclear 
                Security shall establish a cost and schedule baseline 
                for each nuclear stockpile life extension project of 
                the National Nuclear Security Administration.
                    ``(B) Per unit cost.--The cost baseline developed 
                under subparagraph (A) shall include, with respect to 
                each life extension project, an estimated cost for each 
                warhead in the project.
                    ``(C) Notification to congressional defense 
                committees.--Not later than 30 days after establishing 
                a cost and schedule baseline under subparagraph (A), 
                the Administrator shall submit the cost and schedule 
                baseline to the congressional defense committees.
            ``(2) Defense-funded construction projects.--
                    ``(A) In general.--The Secretary of Energy shall 
                establish a cost and schedule baseline under the 
                project management protocols of the Department of 
                Energy for each construction project carried out by the 
                Department using funds authorized to be appropriated 
                for a fiscal year pursuant to a DOE national security 
                authorization.
                    ``(B) Notification to congressional defense 
                committees.--Not later than 30 days after establishing 
                a cost and schedule baseline under subparagraph (A), 
                the Secretary shall submit the cost and schedule 
                baseline to the congressional defense committees.
            ``(3) Defense environmental management projects.--
                    ``(A) In general.--The Secretary shall establish a 
                cost and schedule baseline under the project management 
                protocols of the Department of Energy for each defense 
                environmental management project carried out by the 
                Department pursuant to such protocols.
                    ``(B) Notification to congressional defense 
                committees.--Not later than 30 days after establishing 
                a cost and schedule baseline under subparagraph (A) for 
                a project with a total cost in excess of $100,000,000, 
                the Secretary shall submit the cost and schedule 
                baseline to the congressional defense committees.
    ``(b) Notification of Costs or Schedule Exceeding Baseline.--The 
Administrator or the Secretary, as applicable, shall notify the 
congressional defense committees not later than 30 days after 
determining that--
            ``(1) the total cost for a project referred to in paragraph 
        (1), (2), or (3) of subsection (a) will exceed an amount that 
        is equal to 125 percent of the cost baseline established under 
        subsection (a) for that project;
            ``(2) the total time required to complete such a project 
        will be longer than 125 percent of the time specified in the 
        schedule baseline established under subsection (a) for that 
        project; and
            ``(3) in the case of a stockpile life extension project 
        referred to in subsection (a)(1), the cost for any warhead in 
        the project will exceed an amount that is equal to 125 percent 
        of the cost baseline established under subsection (a)(1)(B) for 
        each warhead in that project.
    ``(c) Notification of Determination With Respect to Termination or 
Continuation of Projects.--Not later than 90 days after submitting a 
notification under subsection (b) with respect to a project, the 
Administrator or the Secretary, as applicable, shall--
            ``(1) notify the congressional defense committees with 
        respect to whether the project will be terminated or continued; 
        and
            ``(2) if the project will be continued, certify to the 
        congressional defense committees that--
                    ``(A) a revised cost and schedule baseline has been 
                established for the project and, in the case of a 
                stockpile life extension project referred to in 
                subsection (a)(1), a revised estimate of the cost for 
                each warhead in the project has been made;
                    ``(B) the continuation of the project is necessary 
                to the mission of the Department of Energy and there is 
                no alternative to the project that would meet the 
                requirements of that mission; and
                    ``(C) a management structure is in place adequate 
                to manage and control the cost and schedule of the 
                project.
    ``(d) Applicability of Requirements to Revised Cost and Schedule 
Baselines.--A revised cost and schedule baseline established under 
subsection (c) shall--
            ``(1) be submitted to the congressional defense committees 
        with the certification submitted under subsection (c)(2); and
            ``(2) be subject to the notification requirements of 
        subsections (b) and (c) in the same manner and to the same 
        extent as a cost and schedule baseline established under 
        subsection (a).''.
    (b) Clerical Amendment.--The table of contents for the Atomic 
Energy Defense Act is amended by inserting after the item relating to 
section 4712 the following new item:

``Sec. 4713. Notification of cost overruns for certain Department of 
                            Energy projects.''.

SEC. 3115. AUTHORITY TO PURCHASE OR LEASE AIRCRAFT NECESSARY TO SUPPORT 
              THE MISSION OF THE NATIONAL NUCLEAR SECURITY 
              ADMINISTRATION.

    The Administrator for Nuclear Security may obligate and expend 
amounts authorized to be appropriated by section 3101 or amounts 
otherwise made available to the National Nuclear Security 
Administration for any fiscal year before fiscal year 2012 and 
available for obligation to purchase or lease aircraft necessary to 
support the mission of the Administration.

SEC. 3116. LIMITATION ON USE OF FUNDS FOR ESTABLISHMENT OF CENTERS OF 
              EXCELLENCE IN COUNTRIES OUTSIDE OF THE FORMER SOVIET 
              UNION.

    None of the funds authorized to be appropriated by section 3101 and 
made available by the funding table in section 4501 for defense nuclear 
nonproliferation activities may be obligated or expended to establish a 
center of excellence in a country that is not a state of the former 
Soviet Union until the date that is 15 days after the date on which the 
Administrator for Nuclear Security submits to the congressional defense 
committees a report that includes the following:
            (1) An identification of the country in which the center 
        will be located.
            (2) A description of the purpose for which the center will 
        be established.
            (3) The agreement under which the center will operate.
            (4) A funding plan for the center, including--
                    (A) the amount of funds to be provided by the 
                government of the country in which the center will be 
                located; and
                    (B) the percentage of the total cost of 
                establishing and operating the center the funds 
                described in subparagraph (A) will cover.

SEC. 3117. EXTENSION OF AUTHORITY OF SECRETARY OF ENERGY FOR 
              APPOINTMENT OF CERTAIN SCIENTIFIC, ENGINEERING, AND 
              TECHNICAL PERSONNEL.

    Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C. 
2701(c)(1)) is amended by striking ``September 30, 2011'' and inserting 
``September 30, 2016''.

SEC. 3118. 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, 2010'' and 
inserting ``September 30, 2015''.

SEC. 3119. EXTENSION OF DEADLINE FOR COOPERATION WITH THE RUSSIAN 
              FEDERATION WITH RESPECT TO DEVELOPMENT OF NUCLEAR 
              MATERIALS PROTECTION, CONTROL, AND ACCOUNTING PROGRAM.

    Section 3156(b)(1) of the Bob Stump National Defense Authorization 
Act for Fiscal Year 2003 (50 U.S.C. 2343(b)(1)) is amended by striking 
``January 1, 2013'' and inserting ``January 1, 2017''.

SEC. 3120. REPEAL OF SUNSET PROVISION FOR MODIFICATION OF MINOR 
              CONSTRUCTION THRESHOLD FOR PLANT PROJECTS.

    Section 3118 of the National Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111-84; 123 Stat. 2709) is amended--
            (1) by striking subsection (b);
            (2) by redesignating subsection (c) as subsection (b); and
            (3) in subsection (b), as so redesignated, by striking 
        ``during fiscal year 2010''.

SEC. 3121. EXTENSION OF DEADLINE FOR TRANSFER OF PARCELS OF LAND TO BE 
              CONVEYED TO LOS ALAMOS COUNTY, NEW MEXICO, AND HELD IN 
              TRUST FOR THE PUEBLO OF SAN ILDEFONSO.

    Section 632 of the Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1998 (42 U.S.C. 
2391 note) is amended--
            (1) in subsection (d)(2), by striking ``November 26, 2012'' 
        and inserting ``September 30, 2022''; and
            (2) in subsection (g)(3)(B), by striking ``November 26, 
        2012'' and inserting ``September 30, 2022''.

                       Subtitle C--Other Matters

SEC. 3131. DEPARTMENT OF ENERGY ENERGY PARKS PROGRAM.

    (a) In General.--The Secretary of Energy may establish a program to 
permit the establishment of energy parks on former defense nuclear 
facilities.
    (b) Objectives.--The objectives for establishing energy parks 
pursuant to subsection (a) are the following:
            (1) To provide locations to carry out a broad range of 
        projects relating to the development and deployment of energy 
        technologies and related advanced manufacturing technologies.
            (2) To provide locations for the implementation of pilot 
        programs and demonstration projects for new and developing 
        energy technologies and related advanced manufacturing 
        technologies.
            (3) To set a national example for the development and 
        deployment of energy technologies and related advanced 
        manufacturing technologies in a manner that will promote energy 
        security, energy sector employment, and energy independence.
            (4) To create a business environment that encourages 
        collaboration and interaction between the public and private 
        sectors.
    (c) Consultation.--In establishing an energy park pursuant to 
subsection (a), the Secretary shall consult with--
            (1) the local government with jurisdiction over the land on 
        which the energy park will be located;
            (2) the local governments of adjacent areas; and
            (3) any community reuse organization recognized by the 
        Secretary at the former defense nuclear facility on which the 
        energy park will be located.
    (d) Report Required.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary shall submit to the Committee on 
Armed Services of the Senate and the Committee on Armed Services of the 
House of Representatives a report on the implementation of the program 
under subsection (a). The report shall include such recommendations for 
additional legislative actions as the Secretary considers appropriate 
to facilitate the development of energy parks on former defense nuclear 
facilities.
    (e) Defense Nuclear Facility Defined.--In this section, the term 
``defense nuclear facility'' has 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).

SEC. 3132. RECLASSIFICATION OF CERTAIN APPROPRIATIONS FOR THE NATIONAL 
              NUCLEAR SECURITY ADMINISTRATION.

    (a) Fiscal Year 2009 Appropriations.--The matter under the heading 
``Weapons Activities'' under the heading ``National Nuclear Security 
Administration'' under the heading ``ATOMIC ENERGY DEFENSE ACTIVITIES'' 
under the heading ``DEPARTMENT OF ENERGY'' under title III of division 
C of the Omnibus Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 
621) is amended by striking ``the 09-D-007 LANSCE Refurbishment, PED,'' 
and inserting ``capital equipment acquisition, installation, and 
associated design funds for LANSCE,''.
    (b) Fiscal Year 2010 Appropriations.--The amount appropriated under 
the heading ``Weapons Activities'' under the heading ``NATIONAL NUCLEAR 
SECURITY ADMINISTRATION'' under the heading ``ATOMIC ENERGY DEFENSE 
ACTIVITIES'' under the heading ``DEPARTMENT OF ENERGY'' under title III 
of the Energy and Water Development and Related Agencies Appropriations 
Act, 2010 (Public Law 111-85; 123 Stat. 2866) and made available for 
LANSCE Reinvestment, PED, Los Alamos National Laboratory, Los Alamos, 
New Mexico, shall be made available instead for capital equipment 
acquisition, installation, and associated design funds for LANSCE, Los 
Alamos National Laboratory, Los Alamos, New Mexico.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. AUTHORIZATION.

    There are authorized to be appropriated for fiscal year 2011, 
$33,640,000 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 XXXIII--MARITIME ADMINISTRATION

SEC. 3301. MARITIME ADMINISTRATION.

    Section 109 of title 49, United States Code, is amended to read as 
follows:
``Sec. 109. Maritime Administration
    ``(a) Organization.--The Maritime Administration is an 
administration in the Department of Transportation.
    ``(b) Maritime Administrator.--The head of the Maritime 
Administration is the Maritime Administrator, who is appointed by the 
President by and with the advice and consent of the Senate.--The 
Administrator shall report directly to the Secretary of Transportation 
and carry out the duties prescribed by the Secretary.
    ``(c) Deputy Maritime Administrator.--The Maritime Administration 
shall have a Deputy Maritime Administrator, who is appointed in the 
competitive service by the Secretary, after consultation with the 
Administrator. The Deputy Administrator shall carry out the duties 
prescribed by the Administrator. The Deputy Administrator shall be 
Acting Administrator during the absence or disability of the 
Administrator and, unless the Secretary designates another individual, 
during a vacancy in the office of Administrator.
    ``(d) Duties and Powers Vested in Secretary.--All duties and powers 
of the Maritime Administration are vested in the Secretary.
    ``(e) Regional Offices.--The Maritime Administration shall have 
regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port 
ranges, and may have other regional offices as necessary. The Secretary 
shall appoint a qualified individual as Director of each regional 
office. The Secretary shall carry out appropriate activities and 
programs of the Maritime Administration through the regional offices.
    ``(f) Interagency and Industry Relations.--The Secretary shall 
establish and maintain liaison with other agencies, and with 
representative trade organizations throughout the United States, 
concerned with the transportation of commodities by water in the export 
and import foreign commerce of the United States, for the purpose of 
securing preference to vessels of the United States for the 
transportation of those commodities.
    ``(g) Detailing Officers From Armed Forces.--To assist the 
Secretary in carrying out duties and powers relating to the Maritime 
Administration, not more than five officers of the armed forces may be 
detailed to the Secretary at any one time, in addition to details 
authorized by any other law. During the period of a detail, the 
Secretary shall pay the officer an amount that, when added to the 
officer's pay and allowances as an officer in the armed forces, makes 
the officer's total pay and allowances equal to the amount that would 
be paid to an individual performing work the Secretary considers to be 
of similar importance, difficulty, and responsibility as that performed 
by the officer during the detail.
    ``(h) Contracts, Cooperative Agreements, and Audits.--
            ``(1) Contracts and cooperative agreements.--In the same 
        manner that a private corporation may make a contract within 
        the scope of its authority under its charter, the Secretary may 
        make contracts and cooperative agreements for the United States 
        Government and disburse amounts to--
                    ``(A) carry out the Secretary's duties and powers 
                under this section, subtitle V of title 46, and all 
                other Maritime Administration programs; and
                    ``(B) protect, preserve, and improve collateral 
                held by the Secretary to secure indebtedness.
            ``(2) Audits.--The financial transactions of the Secretary 
        under paragraph (1) shall be audited by the Comptroller 
        General. The Comptroller General shall allow credit for an 
        expenditure shown to be necessary because of the nature of the 
        business activities authorized by this section or subtitle V of 
        title 46. At least once a year, the Comptroller General shall 
        report to Congress any departure by the Secretary from this 
        section or subtitle V of title 46.
    ``(i) Grant Administrative Expenses.--Except as otherwise provided 
by law, the administrative and related expenses for the administration 
of any grant programs by the Maritime Administrator may not exceed 3 
percent.
    ``(j) Authorization of Appropriations.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, there are authorized to be appropriated such 
        amounts as may be necessary to carry out the duties and powers 
        of the Secretary relating to the Maritime Administration.
            ``(2) Limitations.--Only those amounts specifically 
        authorized by law may be appropriated for the use of the 
        Maritime Administration for--
                    ``(A) acquisition, construction, or reconstruction 
                of vessels;
                    ``(B) construction-differential subsidies incident 
                to the construction, reconstruction, or reconditioning 
                of vessels;
                    ``(C) costs of national defense features;
                    ``(D) payments of obligations incurred for 
                operating-differential subsidies;
                    ``(E) expenses necessary for research and 
                development activities, including reimbursement of the 
                Vessel Operations Revolving Fund for losses resulting 
                from expenses of experimental vessel operations;
                    ``(F) the Vessel Operations Revolving Fund;
                    ``(G) National Defense Reserve Fleet expenses;
                    ``(H) expenses necessary to carry out part B of 
                subtitle V of title 46; and
                    ``(I) other operations and training expenses 
                related to the development of waterborne transportation 
                systems, the use of waterborne transportation systems