[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1256 Reported in Senate (RS)]

                                                        Calendar No. 83
112th CONGRESS
  1st Session
                                S. 1256

To authorize appropriations for fiscal year 2012 for defense activities 
          of the Department of Energy, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2011

Mr. Levin, from the Committee on Armed Services, reported the following 
     original bill; which was read twice and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
To authorize appropriations for fiscal year 2012 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 of 2012''.

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.
Sec. 4. Scoring of budgetary effects.
 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. Review of security vulnerabilities of national laboratory 
                            computers.
Sec. 3112. Review by Secretary of Energy and Secretary of Defense of 
                            Comptroller General assessment of budget 
                            requests with respect to the modernization 
                            and refurbishment of the nuclear security 
                            complex.
Sec. 3113. Aircraft procurement.
Sec. 3114. Limitation on use of funds for establishment of centers of 
                            excellence in countries outside of the 
                            former Soviet Union.
Sec. 3115. Recognition and status of National Atomic Testing Museum.
                          Subtitle C--Reports

Sec. 3121. Report on feasibility of federalizing the security 
                            protective forces contract guard workforce 
                            at certain Department of Energy facilities.
Sec. 3122. Comptroller General study on oversight of Department of 
                            Energy defense nuclear facilities.
Sec. 3123. Plan to complete the Global Initiatives for Proliferation 
                            Prevention program in the Russian 
                            Federation.
          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.
Sec. 3202. Authority of the Defense Nuclear Facilities Safety Board to 
                            review the facility design and construction 
                            of Construction Project 10-D-904 of the 
                            National Nuclear Security Administration.
                 TITLE XXXIII--MARITIME ADMINISTRATION

Sec. 3301. 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.

SEC. 4. SCORING OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

 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 2012 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 the following new plant project for 
the National Nuclear Security Administration:
            Project 12-D-301, Transuranic (TRU) Waste Facility, Los 
        Alamos National Laboratory, Los Alamos, New Mexico, 
        $13,481,000.

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2012 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 2012 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. REVIEW OF SECURITY VULNERABILITIES OF NATIONAL LABORATORY 
              COMPUTERS.

    (a) In General.--Section 4508 of the Atomic Energy Defense Act (50 
U.S.C. 2659) is amended to read as follows:

``SEC. 4508. REVIEW OF SECURITY VULNERABILITIES OF NATIONAL LABORATORY 
              COMPUTERS.

    ``(a) In General.--The Secretary of Energy shall--
            ``(1) not later than one year after the date of the 
        enactment of the National Defense Authorization Act for Fiscal 
        Year 2012, and annually thereafter, review the security 
        vulnerabilities of the computers of each national laboratory; 
        and
            ``(2) if, in conducting a review under paragraph (1), the 
        Secretary discovers a significant vulnerability in a national 
        laboratory computer, promptly notify the congressional defense 
        committees of the vulnerability.
    ``(b) Elements.--A notification submitted under subsection (a) with 
respect to a significant vulnerability of a national laboratory 
computer shall include the following:
            ``(1) A description of the vulnerability.
            ``(2) An assessment of the loss, if any, of classified or 
        unclassified data as a result of the vulnerability.
            ``(3) An assessment of the harm to national security or 
        individual privacy resulting from the loss, if any, of such 
        data.
            ``(4) A description of the actions taken to address the 
        vulnerability.
    ``(c) National Laboratory Defined.--In this section, the term 
`national laboratory' has the meaning given that term in section 
4502(g)(3).''.
    (b) Clerical Amendment.--The table of contents for the Atomic 
Energy Defense Act is amended by striking the item relating to section 
4508 and inserting the following new item:

``Sec. 4508. Review of security vulnerabilities of national laboratory 
                            computers.''.

SEC. 3112. REVIEW BY SECRETARY OF ENERGY AND SECRETARY OF DEFENSE OF 
              COMPTROLLER GENERAL ASSESSMENT OF BUDGET REQUESTS WITH 
              RESPECT TO THE MODERNIZATION AND REFURBISHMENT OF THE 
              NUCLEAR SECURITY COMPLEX.

    Section 3255(a) of the National Nuclear Security Administration Act 
(50 U.S.C. 2455(a)) is amended by adding at the end the following new 
paragraph:
    ``(3) The Secretary of Energy shall, in consultation with the 
Secretary of Defense--
            ``(A) review the report submitted by the Comptroller 
        General under paragraph (2); and
            ``(B) not later than 30 days after receiving that report, 
        submit to the congressional defense committees a report that 
        includes--
                    ``(i) the results of the review conducted under 
                subparagraph (A);
                    ``(ii) the views of the Secretary of Energy and the 
                Secretary of Defense with respect to--
                            ``(I) the findings of the Comptroller 
                        General in the report submitted under paragraph 
                        (2); and
                            ``(II) whether the actual funding level for 
                        the fiscal year in which the report is 
                        submitted under this subparagraph is sufficient 
                        for the modernization of the nuclear security 
                        complex and the refurbishment of the nuclear 
                        weapons stockpile; and
                    ``(iii) a description of any measures the 
                Administration plans to take in response to the 
                findings of the Comptroller General.''.

SEC. 3113. AIRCRAFT PROCUREMENT.

    Of the amounts authorized to be appropriated and made available for 
obligation under section 3101 for weapons activities for any fiscal 
year before fiscal year 2013, the Secretary of Energy may procure not 
more than one aircraft.

SEC. 3114. LIMITATION ON USE OF FUNDS FOR ESTABLISHMENT OF CENTERS OF 
              EXCELLENCE IN COUNTRIES OUTSIDE OF THE FORMER SOVIET 
              UNION.

    Not more than $500,000 of the funds authorized to be appropriated 
by section 3101 and made available by the funding table in section 4601 
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. 3115. RECOGNITION AND STATUS OF NATIONAL ATOMIC TESTING MUSEUM.

    Section 3137 of the National Defense Authorization Act for Fiscal 
Years 1992 and 1993 (42 U.S.C. 7142) is amended--
            (1) in the section heading, by inserting ``and national 
        atomic testing museum'' after ``atomic museum''; and
            (2) by adding at the end the following new subsection:
    ``(d) Recognition and Status of National Atomic Testing Museum.--
The museum operated by the Nevada Test Site Historical Foundation and 
located in Las Vegas, Nevada--
            ``(1) is recognized as the official atomic testing museum 
        of the United Sates;
            ``(2) shall be known as the `National Atomic Testing 
        Museum'; and
            ``(3) shall have the sole right throughout the United 
        States and its possessions to have and use the name `National 
        Atomic Testing Museum'.''.

                          Subtitle C--Reports

SEC. 3121. REPORT ON FEASIBILITY OF FEDERALIZING THE SECURITY 
              PROTECTIVE FORCES CONTRACT GUARD WORKFORCE AT CERTAIN 
              DEPARTMENT OF ENERGY FACILITIES.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Energy and the Administrator 
for Nuclear Security shall jointly submit to the congressional defense 
committees--
            (1) a report on the feasibility of federalizing some or all 
        of the security protective forces contract guard workforce at 
        the facilities specified in subsection (d); and
            (2) the comments of the Comptroller General of the United 
        States on that report required under subsection (b).
    (b) Comments by Comptroller General.--The Secretary and the 
Administrator shall provide the draft text of the report required by 
subsection (a)(1) to the Comptroller General of the United States for 
review and comment before submitting the report to the congressional 
defense committees.
    (c) Elements.--The report required by subsection (a)(1) shall 
include the following:
            (1) An evaluation of the feasibility of converting the 
        security protective forces contract workforce at the facilities 
        specified in subsection (d) into a force made up, in whole or 
        in part, of full-time Federal employees.
            (2) An estimate of the immediate and projected costs of any 
        such conversion.
            (3) An estimate of the immediate and projected costs of 
        maintaining guards under contract status and of maintaining 
        guards as full-time Federal employee.
            (4) An assessment of the effects of any such conversion on 
        security, including an analysis of the effects of using a 
        Federal security guard, a Federal police officer, or a Federal 
        protective service officer instead of a contract guard.
            (5) An estimate of the hourly and annual costs of--
                    (A) contract guards, including benefits and 
                overtime; and
                    (B) any comparably trained and equipped Federal 
                force with comparable physical and other requirements.
            (6) A comparison of similar conversions of large groups of 
        contract workers to full-time Federal employees and an 
        assessment of the potential benefits and challenges of such 
        conversions.
            (7) The views of the Secretary and the Administrator on the 
        feasibility of--
                    (A) converting the security protective forces 
                contract workforce at the facilities specified in 
                subsection (d) into a force made up, in whole or in 
                part, of full-time Federal employees;
                    (B) maintaining the security protective forces 
                contract workforce in its current form; and
                    (C) instituting some or all of the changes 
                recommended in the Implementation Plan for the 29 
                Recommendations of the Protective Force Career Options 
                Study Group prepared pursuant to the Report of the 
                Committee on Appropriations of the House of 
                Representatives (House Report No. 111-230) accompanying 
                the Department of Defense Appropriations Act, 2010 
                (Public Law 111-118; 123 Stat. 3409).
    (d) Facilities Specified.--The facilities specified in this 
subsection are the following:
            (1) The Albuquerque National Nuclear Security 
        Administration Service Center, Albuquerque, New Mexico.
            (2) The Argonne National Laboratory and the Argonne Site 
        Office, Argonne, Illinois, and the Chicago Service Center, 
        Chicago, Illinois.
            (3) The Brookhaven National Laboratory and Brookhaven Site 
        Office, Upton, New York.
            (4) The Idaho National Laboratory and the Idaho Site 
        Office, Idaho Falls, Idaho.
            (5) The Kansas City Plant and the Kansas City Site Office, 
        Kansas City, Missouri.
            (6) The Lawrence Livermore National Laboratory and the 
        Livermore Site Office, Livermore, California.
            (7) The Los Alamos National Laboratory and the Los Alamos 
        Site Office, Los Alamos, New Mexico.
            (8) The National Energy Technology Laboratory.
            (9) The Nevada Site Office and the Nevada National Security 
        Site, Nevada.
            (10) The Oak Ridge National Laboratory, the Oak Ridge 
        Office of the Department of Energy, and the East Tennessee 
        Technology Park of the Department of Energy, Oak Ridge, 
        Tennessee.
            (11) The Office of Secure Transportation of the Department 
        of Energy and associated field locations.
            (12) The Pantex Plant and Pantex Site Office, Amarillo, 
        Texas.
            (13) The Pittsburgh Naval Reactors Office, the Bettis 
        Atomic Power Laboratory, the Idaho Naval Reactors Facility, and 
        the Knolls Atomic Power Laboratory.
            (14) The Portsmouth Gaseous Diffusion Plant, Piketon, Ohio, 
        and the Paducah Gaseous Diffusion Plant, Paducah, Kentucky.
            (15) The Richland Operations Office and the Hanford Site, 
        Richland, Washington.
            (16) The Sandia National Laboratories and the Sandia Site 
        Office, Albuquerque, New Mexico.
            (17) The Savannah River Plant and the Savannah River Site 
        Office of the Office of Environmental Management of the 
        Department of Energy, Aiken, South Carolina.
            (18) The Savannah River National Laboratory, Aiken, South 
        Carolina.
            (19) The National Savannah River Site Office and the 
        Tritium Extraction Facility and Mixed Oxide Fuel Fabrication 
        Facility of the National Nuclear Security Administration, 
        Aiken, South Carolina.
            (20) The Strategic Petroleum Reserve Project Office and the 
        Strategic Petroleum Reserve Sites.
            (21) The Waste Isolation Pilot Plant, Carlsbad, New Mexico.
            (22) The Y-12 Site Office and the Y-12 National Security 
        Complex of the National Nuclear Security Administration, Oak 
        Ridge, Tennessee.

SEC. 3122. COMPTROLLER GENERAL STUDY ON OVERSIGHT OF DEPARTMENT OF 
              ENERGY DEFENSE NUCLEAR FACILITIES.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study of the value of and the need for external regulation or 
external oversight of the safety of nuclear operations and the design 
and construction of nuclear facilities at the Department of Energy 
defense nuclear facilities to protect the public health and safety.
    (b) Elements.--The study required by subsection (a) shall include 
the following:
            (1) An assessment of the value of and the need for external 
        regulation or external oversight, or a combination of both, of 
        the safety of nuclear operations and the design and 
        construction of nuclear facilities at the Department of Energy 
        defense nuclear facilities.
            (2) An assessment of the ability of existing regulatory 
        authorities to regulate safety at the Department of Energy 
        defense nuclear facilities.
            (3) An assessment of the ability of the Defense Nuclear 
        Facilities Safety Board to regulate safety at the Department of 
        Energy defense nuclear facilities.
            (4) An assessment of the current functions of the Board and 
        whether those functions should be modified or amended, 
        including whether the Department of Energy should pay an 
        oversight fee to the Board.
            (5) An assessment of the relative advantages and 
        disadvantages to the Department of Energy and the public of--
                    (A) continuing the oversight functions of the 
                Board; or
                    (B) replacing the oversight functions of the Board 
                with external regulation of some or all of the 
                Department of Energy defense nuclear facilities.
            (6) A list of all existing or planned Department of Energy 
        defense nuclear facilities that are similar to facilities under 
        the regulatory jurisdiction of the Nuclear Regulatory 
        Commission.
            (7)(A) A list of each existing Department of Energy defense 
        nuclear facility or activity relating to such a facility that 
        the Comptroller General recommends should--
                    (i) remain within the oversight jurisdiction of the 
                Board for a period of time or indefinitely; or
                    (ii) be transferred to the jurisdiction of an 
                outside regulatory authority; and
            (B) the basis for the recommendations of the Comptroller 
        General.
            (8) For any existing Department of Energy defense nuclear 
        facilities that the Comptroller General recommends should be 
        transferred to the jurisdiction of an outside regulatory 
        authority--
                    (A) the date by which that transfer should occur 
                and the period of time necessary for the transfer; and
                    (B) whether the regulatory authority should be an 
                existing or new regulatory authority.
            (9) A list of any proposed Department of Energy defense 
        nuclear facilities and a recommendation of the Comptroller 
        General with respect to whether each such facility--
                    (A) should come under the oversight jurisdiction of 
                the Board or be transferred to the jurisdiction of an 
                outside regulatory authority; and
                    (B) if the Comptroller General recommends that the 
                facility be transferred to the jurisdiction of any 
                outside regulatory authority, whether the regulatory 
                authority should be an existing or new regulatory 
                authority.
            (10) An assessment of the comparative advantages and 
        disadvantages to the Department of Energy and to public health 
        and safety of the transfer of some or all of the Department of 
        Energy defense nuclear facilities from the oversight 
        jurisdiction of the Board to the jurisdiction of an outside 
        regulatory authority.
            (11) An assessment of the comparative costs associated with 
        external oversight or external regulation of safety at 
        Department of Energy defense nuclear facilities.
            (12) Any other recommendations of the Comptroller General 
        with respect to external regulation or oversight of safety at 
        the Department of Energy.
    (c) Interim Report.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
congressional defense committees an interim report on the status of the 
study conducted under subsection (a).
    (d) Final Report.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
congressional defense committees, the Secretary of Energy, the Defense 
Nuclear Facilities Safety Board, and the Nuclear Regulatory Commission 
the final report of the Comptroller General that contains the findings 
and recommendations of the Comptroller General resulting from the study 
conducted under subsection (a).
    (e) Comments on Report.--Not later than 180 days after receiving 
the final report from the Comptroller General under subsection (d), the 
Secretary of Energy, the Defense Nuclear Facilities Safety Board, and 
the Nuclear Regulatory Commission shall submit to the congressional 
defense committees the comments of the Secretary, the Board, or the 
Commission (as the case may be) on the report.
    (f) Department of Energy Defense Nuclear Facility Defined.--In this 
section, the term ``Department of Energy defense nuclear facility'' has 
the meaning given that term in section 318 of the Atomic Energy Act of 
1954 (42 U.S.C. 2286g).

SEC. 3123. PLAN TO COMPLETE THE GLOBAL INITIATIVES FOR PROLIFERATION 
              PREVENTION PROGRAM IN THE RUSSIAN FEDERATION.

    At or about the same time that the budget of the President for 
fiscal year 2013 is submitted to Congress under section 1105(a) of 
title 31, United States Code, the Administrator for Nuclear Security 
shall submit to Congress a plan to complete the Global Initiatives for 
Proliferation Prevention program in the Russian Federation by the end 
of calendar year 2013.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. AUTHORIZATION.

    There are authorized to be appropriated for fiscal year 2012, 
$33,317,000 for the operation of the Defense Nuclear Facilities Safety 
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 
et seq).

SEC. 3202. AUTHORITY OF THE DEFENSE NUCLEAR FACILITIES SAFETY BOARD TO 
              REVIEW THE FACILITY DESIGN AND CONSTRUCTION OF 
              CONSTRUCTION PROJECT 10-D-904 OF THE NATIONAL NUCLEAR 
              SECURITY ADMINISTRATION.

    Notwithstanding section 318(1)(A) of the Atomic Energy Act of 1954 
(42 U.S.C. 2286g(1)(A)), the Defense Nuclear Facilities Safety Board 
shall exercise the authority of the Board under section 312(a)(4) of 
that Act (42 U.S.C. 2286a(a)(4)) to review the design of, and review 
and monitor construction with respect to, Construction Project 10-D-904 
of the National Nuclear Security Administration.

                 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, 
                and general administration.
            ``(3) Training vessels.--Amounts may not be appropriated 
        for the purchase or construction of training vessels for State 
        maritime academies unless the Secretary has approved a plan for 
        sharing training vessels between State maritime academies.''.
                                                        Calendar No. 83

112th CONGRESS

  1st Session

                                S. 1256

_______________________________________________________________________

                                 A BILL

To authorize appropriations for fiscal year 2012 for defense activities 
          of the Department of Energy, and for other purposes.

_______________________________________________________________________

                             June 22, 2011

                 Read twice and placed on the calendar