FY12 budget process nears completion

Published: Tue, 12/13/11

 
The Fiscal Year 2012 (FY12) budget process nears completion, as lawmakers produced a conference report to the annual defense authorization bill last night and are set to release a conference report on the final FY12 spending package today.

The defense authorization bill determines authorization levels and policy provisions for DOE national security programs, whereas the Energy and Water Development Appropriations Bill sets appropriations levels and some policy provisions for DOE programs. Authorizations set a cap on funding which may be appropriated. Appropriations set the specific amount which may be obligated.

Defense authorization conference report released last night

The House and Senate conferees charged with negotiating the differences between House and Senate versions of the FY12 National Defense Authorization Act (H.R. 1540 and S. 1867, respectively) reported out their conference report (H. Rept. 112-329) last night. The House is scheduled to vote on the conference report on Wednesday, with the Senate to follow on Thursday or Friday. The President may sign the measure into law once it passes both chambers.

President Obama threatened to veto the original House and Senate versions of the legislation over detainee language mandating military (as opposed to civilian) custody and prosecution of suspected terrorists. The conferees amended the detainee provision, although it is unclear if the changes will be adequate to avoid a presidential veto.

Appropriations spending package expected today
 
A separate conference negotiation regarding the remaining FY12 spending bills (including Energy-Water) is expected to produce a conference report today.
 
ECA will monitor voting action on the defense authorization bill and the release of the appropriations package.
 
Refer to the guide below to explore the relevant components of FY12 National Defense Authorization Act.
 
Defense authorization funding levels and provisions
 
 
LEGISLATIVE PROVISIONS ADOPTED
The items in this section are edited excerpts from H. Rept. 112-329
LEGISLATIVE PROVISIONS NOT ADOPTED
The items in this section are edited excerpts from H. Rept. 112-329
 
 
 
 
 

 

Request

Conference Authorization

House Authorization

Senate Authorization

House Appropriation

Senate Appropriation

Defense Environmental Cleanup (DEC)

$5.41 billion

$5.02 billion

$5.41 billion

$5.16 billion

$5.19 billion

$5 billion

DEC:

Hanford site

$913.71 million

$953.25 million

$913.71 million

$913.71 million

$933.71 million

$953.25 million

DEC:

NNSA sites

$423.69 million

$282.39 million

$423.69 million

$254.69 million

$248.75 million

$253.77 million

DEC:

Oak Ridge Reservation

 

$176.1 million

$199.51 million

$176.1 million

$176.1 million

$156.1 million

$202.51 million

DEC: Office of River Protection

 

$1.36 billion

$1.19 billion

$521.39 million

$467 million

$1.15 billion

$1.21 billion

DEC: Savannah River site

 

$1.22 billion

$1.19 billion

$1.19 billion

$1.16 billion

$1.18 billion

$1.19 billion

DEC: Waste Isolation Pilot Plant

 

$228.93 million

$215.13 million

$228.93 million

$228.93 million

$220 million

$200 million

DEC: Safeguards and Security

 

$248.83 million

$252.02 million

$248.83 million

$248.83 million

$248.83 million

$252 million

Other Defense Activities

$859.95 million

$823.36 million

$859.95 million

$859.95 million

$814 million

$819 million

Office of Legacy Management

$170.1 million

$169.6 million

$170.1 million

$170.1 million

$167.1 million

$169.74 million

NNSA

$11.78 billion

$11. 07 billion

$11.8 billion

$11.57 billion

$10.61 billion

$11.05 billion

NNSA: Weapons Activities

$7.629 billion

$7.27 billion

$7.629 billion

$7.628 billion

$7.09 billion

$7.19 billion

Weapons Activities: Readiness in technical base and facilities--Operations of facilities

$1.49 billion

$1.29 billion

$1.49 billion

$1.48 billion

$1.3 billion

$1.41 billion

Weapons Activities: Readiness in technical base and facilities--Construction

$620.51 million

$511.11 million

$620.51 million

$620.51 million

$510.63 million

$551.11 million

Weapons Activities: Safeguards and security

$849.47 million

824.62 million

$849.47 million

$849.47 million

$817.47 million

$828.37 million

NNSA:

Office of the Administrator

$450.06 million

$382.7 million

$450.06 million

$405.09 million

$400 million

$404 million

NNSA:

Defense Nuclear Nonprolif.

$2.55 billion

$2.33 billion

$2.57 billion

$2.38 billion

$2.12 billion

$2.4 billion

 
 
Legislative provision adopted 
 
A provision that would require the Secretary of Energy to submit to the appropriate defense committees, no later than March 1, 2013, a report assessing the role of the nuclear security complex sites in supporting efforts for a safe, secure, and reliable nuclear deterrent as well as carrying out nuclear weapons reduction and supporting nuclear nonproliferation efforts. The report would include an assessment of opportunities for efficiencies and cost savings and a long-term plan for the nuclear security complex.
 
The report should include, if the Administrator deems it appropriate, an analysis of the potential for shared use or development of high-explosives research and development capacity, supercomputing platforms and infrastructure maintained for Work for Others programs. If this analysis is not provided in the report, the conferees expect the Administrator to provide a written explanation detailing why these elements were not included.
 
Finally, the Comptroller General of the United States would be required to submit to the appropriate congressional committees, no later than 180 days after submission of the Secretary of Energy's report, an assessment of the Secretary's report.
 
 
A provision (sec. 3125) that would require the Administrator for Nuclear Security to enter into an agreement with the National Academy of Sciences (NAS) to conduct a study on waste reprocessing and Generation IV reactor technologies. The study would include a review of previous studies on waste reprocessing and a determination on the feasibility of using nuclear reactor technology, including Generation IV reactor technology developed at certain sites, to reprocess and reuse nuclear materials in a proliferation-resistant manner while generating electricity.
 
The report would also determine the waste streams from such reactors and analyze the proliferation risks of these waste streams, including their effects on nuclear nonproliferation efforts of the United States. In addition, the study would compare using Generation IV reactors for reprocessing with nuclear waste reprocessing technologies used in other countries and with direct waste disposal.
 
Finally, the study would conduct a detailed analysis of large-scale deployment of such reactor technology at military installations. The Administrator would be required to submit the report transmitted from the NAS no later than 18 months after the date of enactment of this Act.
 
The provision would also require the Secretary of Energy, in consultation with the Administrator for Nuclear Security and the Secretary of Defense (as needed), to conduct a study on nuclear waste processing and Generation IV reactor technology.
 
The study would include a review of prior studies conducted by the Department of Energy and the NAS related to nuclear waste reprocessing and the use of mixed oxide fuel in reactors, including Generation IV reactors. The study would determine the waste streams from reprocessing and the use of mixed oxide fuel, analyze the nuclear nonproliferation risks of reprocessing and using mixed oxide fuel, and compare the costs and proliferation risks of nuclear waste reprocessing technologies used in other countries with direct disposal. The provision would also require the Secretary of Energy, in coordination with the Secretary of Defense, to analyze the feasibility of deploying Generation IV reactors or other nuclear reactors using mixed oxide fuel at military installations. The report would be due 180 days after date of enactment of this Act.
 
Section 7142 of title 42, United States Code, is amended to recognize the National Atomic Testing Museum in Las Vegas, Nevada by stating that (1) it is recognized as the Official Atomic Testing Museum and (2) that it shall be known as the "National Atomic Testing Museum"
 
Progress on nuclear nonproliferation (sec. 3122)
 
A provision that would require the Secretary of Energy to submit, annually until 2016, a report on the strategic plans of the Department of Energy and the National Nuclear Security Administration to prevent nuclear and radiological proliferation and an estimate of budget requirements over 5 years, including interagency coordination.
 
This section would also require the Secretary of Energy to submit annually until 2016, an assessment of the risk that nonnuclear weapon countries may acquire nuclear enrichment or
reprocessing technology, and a classified list of the location
and vulnerability of highly-enriched uranium worldwide.
 
Hanford waste tank cleanup program reforms (sec. 3113)
 
Section 4442 of the Atomic Energy Defense Act (50 U.S.C. 2622) is amended by striking the portion of section (b)(2) which states "consistent with the policy direction established by the Department, all aspects of the River Protection Project, Richland, Washington" and inserts in its place "all aspects of the River Protection Project, Richland, Washington, including Hanford Tank Farm operations and the Waste Treatment Plant.
 
The provision also amends subsection (d) of section 4442 to require notification to the Committee on Armed Services of the Senate and the House of Representatives of any changes in the roles, responsibilities, and reporting relationships of the Office of River Protection.
 
The provision also reauthorizes the functions of the Office, terminating in 2019, with a clause that the Assistant Secretary of Energy for Environmental Management may extend the functions of the Office further if the Assistant Secretary determines in writing that its termination would disrupt effective management of the Hanford Tank Farm Operation.
 

Legislative Provisions Not Adopted
 
Comptroller General study on oversight of Department of Energy defense nuclear facilities
 
The Senate bill contained a provision (sec. 3122) that would direct the Comptroller General to 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 defense nuclear facilities at DOE to protect public health and safety.
 
Consolidated reporting requirements relating to nuclear stockpile stewardship, management, and infrastructure
 
The House bill contained a provision (sec. 3111) that would consolidate several existing reporting requirements in the Atomic Energy Defense Act, chapter 42 of title 50, United States Code. Specifically, this provision would repeal reporting requirements in sections 4202, 4203, 4203A, 4204, and 4208 of the Atomic Energy Defense Act and consolidate them into a new section 4203.
 
The conferees encourage the Administrator for Nuclear Security to re-submit the legislative proposal for this consolidation to the Committees on Armed Services of the Senate and the House of Representatives for consideration in the National Defense Authorization Act for Fiscal Year 2013.
 
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
 
The Senate bill contained a provision (sec. 3112) that would amend section 3255 of the National Nuclear Security Administration Act (50 U.S.C. 2455(a)) to direct the Secretary of Energy, in consultation with the Secretary of Defense, to review the GAO report required by this section.
 
Within 30 days of receiving the GAO report, the Secretary of Energy, in consultation with the Secretary of Defense, would complete the review of the GAO report and submit the results to the congressional defense committees. This report would include the results of the review of the GAO report and the views of the two Secretaries with respect to the findings in the GAO report. In addition, the two Secretaries would report on whether the actual funding level in the fiscal year in which the report is submitted is sufficient for the modernization and refurbishment of the nuclear security complex and the refurbishment of the nuclear weapons stockpile.
 
Report on feasibility of federalizing the security protective forces contract guard workforce at certain Department of Energy facilities
 
The Senate bill contained a provision (sec. 3121) that would direct the Secretary of Energy and the Administrator for Nuclear Security to report on the feasibility of federalizing some or all of the security protective forces contract guard workforce at Department of Energy (DOE) atomic energy facilities. The provision would also direct the Secretary and the Administrator to submit a draft of the report to the Comptroller General. The final report, together with the comments of the Comptroller General, would be submitted to the congressional defense committees not later than 1 year from the date of enactment of this Act.
 
Review of security vulnerabilities of national laboratory computers
 
The Senate bill contained a provision (sec. 3111) that would amend section 2659 of title 50, United States Code, to delete the requirement for an annual independent external red team to review the security and vulnerabilities of the computers at the national laboratories and for the Secretary of Energy to submit an annual report setting forth the results of the red team review.
 
The provision would direct the Secretary of Energy to conduct an annual review of security vulnerabilities of the national laboratory computers. The Secretary would submit a report to the congressional defense committees only if and when a significant vulnerability was discovered.
 
 
 
More Information
 
 
 
 
 
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