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

115th Congress · Approved Aug 13, 2018 · 132 Stat. 1636

DIVISION C Department of Energy National Security Authorizations and Other Authorizations

TITLE XXXI Department of Energy National Security Programs

Subtitle A National Security Programs and 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 2019 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701.

(b)

Authorization of New Plant Projects.— From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows: Project 19–D–660, Lithium Production Capability, Y–12 National Security Complex, Oak Ridge, Tennessee, $19,000,000. Project 19–D–670, 138k Power Transmission System Replacement, Nevada National Security Site, Mercury, Nevada, $6,000,000. Project 19–D–930, KS Overhead Piping, Kesselring Site, West Milton, New York, $10,994,000.

SEC. 3102. Defense Environmental Cleanup.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2019 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701.

SEC. 3103. Other Defense Activities.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2019 for other defense activities in carrying out programs as specified in the funding table in section 4701.

SEC. 3104. Nuclear Energy.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2019 for nuclear energy as specified in the funding table in section 4701.

Subtitle B Program Authorizations, Restrictions, and Limitations

SEC. 3111. Development of Low-Yield Nuclear Weapons.

(a)

Authorization.— The Secretary of Energy, acting through the Administrator for Nuclear Security, may carry out the engineering development phase, and any subsequent phase, to modify or develop a low-yield nuclear warhead for submarine-launched ballistic missiles.

(b)

Modification of Limitation on Development.— Section 3116(c) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1746; 50 U.S.C. 2529 note) is amended by striking “ specifically authorized by Congress” and inserting “ the Secretary specifically requests funding for the development of that weapon pursuant to section 4209(a) of the Atomic Energy Defense Act (50 U.S.C. 2529(a))”.

(c)

Requirement for Authorization of Appropriations.— Section 4209(a)(1) of the Atomic Energy Defense Act (50 U.S.C. 2529(a)(1)) is amended—

(1)

by striking “ the Secretary shall” and inserting the following:

“(A) shall”

; and

(2)

by striking the period at the end and inserting “ ; and”; and

“(B) may carry out such activities only if amounts are authorized to be appropriated for such activities by an Act of Congress consistent with section 660 of the Department of Energy Organization Act (42 U.S.C. 7270).”

SEC. 3112. Department of Energy Counterintelligence Polygraph Program.

Section 4504(b) of the Atomic Energy Defense Act (50 U.S.C. 2654(b)) is amended by adding at the end the following new paragraph:

“(4) In the event of a counterintelligence investigation, the regulations prescribed under paragraph (1) may ensure that the persons subject to the counterintelligence polygraph program required by subsection (a) include any person who is—

“(A) a national of the United States (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) and also a national of a foreign state; and

“(B) an employee or contractor who requires access to classified information.”

SEC. 3113. Inclusion of Capital Assets Acquisition Projects in Activities by Director for Cost Estimating and Program Evaluation.

(a)

In General.— Section 3221 of the National Nuclear Security Administration Act (50 U.S.C. 2411) is amended—

(1)

by redesignating subsection (h) as subsection (i);

(2)

by inserting after subsection (g) the following new subsection:

“(h) Rule of Construction.—Nothing in this section shall be construed to require duplicate reviews or cost estimates for major atomic energy defense acquisition programs by the Administration or other elements of the Department of Energy.”

; and

(3)

in subsection (i)(2), as redesignated by paragraph (1)—

(A)

by striking “ program.—” and all that follows through “ , the term” and inserting “ program.—The term”;

(B)

by striking subparagraph (B); and

(C)

by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs, as so redesignated, two ems to the left.

(b)

Effective Date.— The amendments made by subsection (a) shall take effect on the date that is 18 months after the date of the enactment of this Act.

(c)

Briefing.— Not later than one year after the date of the enactment of this Act, the Administrator for Nuclear Security and the Secretary of Energy shall jointly brief the congressional defense committees on a plan for implementing the amendments made by subsection (a)(3) in a manner that avoids duplication of reviews and cost estimates with respect to major atomic energy defense acquisition programs.

SEC. 3114. Modification of Authority for Acceptance of Contributions for Acceleration of Removal or Security of Fissile Materials, Radiological Materials, and Related Equipment at Vulnerable Sites Worldwide.

Section 3132(f) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (50 U.S.C. 2569(f)) is amended—

(1)

by striking paragraph (5);

(2)

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

(3)

in paragraph (6), as redesignated by paragraph (2), by striking “ December 31, 2018” and inserting “ December 31, 2023”.

SEC. 3115. Notification Regarding Air Release of Radioactive or Hazardous Material at Hanford Nuclear Reservation.

(a)

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

“SEC. 4447. NOTIFICATION REGARDING AIR RELEASE OF RADIOACTIVE OR HAZARDOUS MATERIAL.

“If the Secretary of Energy (or a designee of the Secretary) is notified of an improper release into the air of radioactive or hazardous material above applicable statutory or regulatory limits that resulted from waste generated by atomic energy defense activities at the Hanford Nuclear Reservation, Richland, Washington, the Secretary (or designee of the Secretary) shall—

“(1) not later than two business days after being notified of the release, notify the congressional defense committees of the release; and

“(2) not later than seven business days after being notified of the release, provide the congressional defense committees a briefing on the status of the release, including—

“(A) the cause of the release, if known; and

“(B) preliminary plans to address and remediate the release, including associated costs and timelines.”

(b)

Clerical Amendment.— The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4446 the following new item:

“Sec. 4447. Notification regarding air release of radioactive or hazardous material.”.

SEC. 3116. Amendments to the Atomic Energy Act of 1954.

(a)

Clarification of Prohibition on Delegation of Authority Relating to Special Nuclear Material.— Section 161 n. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(n)) is amended by striking “ 57 b.,” and inserting “ 57 b. (with respect to enrichment and reprocessing of special nuclear material or with respect to transfers to any covered foreign country (as defined in section 3136(i) of the National Defense Authorization Act for Fiscal Year 2016 (42 U.S.C. 2077a(i))),”.

(b)

Civil Penalties.— Section 234 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2282(a)) is amended—

(1)

by striking “ 57,”; and

(2)

by striking “ or (2)” and inserting “ (2) violates any provision of section 57, or (3)”.

(c)

Report.— Section 3136(e)(2) of the National Defense Authorization Act for Fiscal Year 2016 (42 U.S.C. 2077a(e)(2)) is amended—

(1)

by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and

(2)

by inserting after subparagraph (B) the following new subparagraph (C):

“(C) for each such application, an identification of any officer to which the authorization under such section 57 b. was delegated pursuant to section 161 n. of that Act (42 U.S.C. 2201(n));”

SEC. 3117. Extension of Enhanced Procurement Authority to Manage Supply Chain Risk.

(a)

Extension.— Subsection (g) of section 4806 of the Atomic Energy Defense Act (50 U.S.C. 2786) is amended to read as follows:

“(g) Termination.—The authority under this section shall terminate on June 30, 2023.”

(b)

Technical Amendment.— Subsection (f)(5)(A) of such section is amended by striking “ section 3542(b) of title 44” and inserting “ section 3552(b) of title 44”.

SEC. 3118. Hanford Waste Tank Cleanup Program.

Section 4442(e) of the Atomic Energy Defense Act (50 U.S.C. 2622(e)) is amended by striking “ 2019” and inserting “ 2024”.

SEC. 3119. Use of Funds for Construction and Project Support Activities Relating to Mox Facility.

(a)

In General.— Except as provided by subsection (b), the Secretary of Energy shall carry out construction and project support activities relating to the MOX facility using funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the National Nuclear Security Administration for the MOX facility.

(b)

Waiver.— The Secretary may waive the requirement under subsection (a) if the Secretary submits to the congressional defense committees the matters specified in section 3121(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1892).

(c)

Definitions.— In this section:

(1)

MOX facility.— The term “MOX facility” means the mixed-oxide fuel fabrication facility at the Savannah River Site, Aiken, South Carolina.

(2)

Project support activities.— The term “project support activities” means activities that support the design, long-lead equipment procurement, and site preparation of the MOX facility.

SEC. 3120. Plutonium Pit Production.

(a)

Statement of Policy.— It is the policy of the United States that—

(1)

Los Alamos National Laboratory, Los Alamos, New Mexico, is the Plutonium Science and Production Center of Excellence for the United States; and

(2)

Los Alamos National Laboratory will produce a minimum of 30 pits per year for the national pit production mission and will implement surge efforts to exceed 30 pits per year to meet Nuclear Posture Review and national policy.

(b)

Independent Assessment of Plutonium Strategy.—

(1)

In general.— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Administrator for Nuclear Security, shall seek to enter into a contract with a federally funded research and development center to conduct an assessment of the plutonium strategy of the National Nuclear Security Administration. The assessment shall include—

(A)

an analysis of the engineering assessment and analysis of alternatives, including an analysis of each of the four major options contained within the engineering assessment;

(B)

an assessment of the risks and benefits involved in each such option, including risks and benefits related to cost, schedule, licensing, labor availability, and workforce development, and effects on and from other programs;

(C)

a description of the strategies considered by the National Nuclear Security Administration to reduce those risks; and

(D)

an assessment of the strategy considered for manufacturing up to 80 pits per year at Los Alamos National Laboratory through the use of multiple labor shifts and additional equipment at PF–4 until modular facilities are completed to provide a long-term, single-labor shift capacity.

(2)

Selection.— The Secretary may not enter into the contract under paragraph (1) with a federally funded research and development center for which the Department of Energy or the National Nuclear Security Administration is the primary sponsor.

(3)

Access to information.— The federally funded research and development center with which the Secretary enters into the contract under paragraph (1) shall have full and direct access to all information related to pit production, including information of the National Nuclear Security Administration and its management and operating contractors.

(4)

Report required.— Not later than April 1, 2019, the federally funded research and development center with which the Secretary enters into the contract under paragraph (1) shall submit to the Secretary, the Administrator, and the Nuclear Weapons Council established under section 179 of title 10, United States Code, a report containing the assessment required by paragraph (1).

(5)

Submission to congress.— Not later than April 15, 2019, the Secretary shall submit to the congressional defense committees the report required by paragraph (4), without change.

(c)

Report on Pit Production at Los Alamos National Laboratory.—

(1)

In general.— Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the congressional defense committees a report containing—

(A)

a detailed plan to produce 30 pits per year at Los Alamos National Laboratory by 2026, including—

(i)

equipment and other construction already planned at the Chemistry and Metallurgy Research Replacement Facility;

(ii)

additional equipment or labor necessary to produce such pits; and

(iii)

effects on and from other ongoing programs at Los Alamos National Laboratory; and

(B)

a detailed plan for designing and carrying out production of plutonium pits 31–80 at Los Alamos National Laboratory, in case the MOX facility is not operational and producing pits by 2030.

(2)

Assessment.— Not later than 120 days after the submission of the report required by paragraph (1), the Director for Cost Estimating and Program Evaluation of the National Nuclear Security Administration shall submit to the congressional defense committees an assessment of that report, including an assessment of the effect of increased ARIES activity in support of the dilute and dispose program on the plutonium pit production mission.

(d)

Briefing.— Not later than March 1, 2019, the Chairman of the Nuclear Weapons Council and the Administrator shall jointly provide to the congressional defense committees a briefing detailing the implementation plan for the plutonium strategy of the National Nuclear Security Administration, including milestones, accountable personnel for such milestones, and mechanisms for ensuring transparency into the progress of such strategy for the Department of Defense and the congressional defense committees.

(e)

Annual Certification.— Not later than April 1, 2019, and each year thereafter through 2025, the Chairman shall submit to the Secretary, the Administrator, and the congressional defense committees a written certification that the plutonium pit production plan of the National Nuclear Security Administration is on track to meet—

(1)

the military requirement of 80 pits per year by 2030, or such other military requirement as determined by the Secretary;

(2)

the statutory requirements for pit production timelines under section 4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a); and

(3)

all milestones and deliverables described in the plans required by subsection (c)(1).

(f)

Failure to Certify.—

(1)

NWC notification.— If in any year the Chairman is unable to submit the certification under subsection (e), the Chairman shall submit to the congressional defense committees, the Secretary, and the Administrator written notification describing why the Chairman is unable to make such certification.

(2)

NNSA response.— Not later than 180 days after the date on which the Chairman makes a notification under paragraph (1), the Administrator shall submit to the congressional defense committees, the Secretary, and the Chairman a report that—

(A)

addresses the reasons identified in the notification with respect to the failure to make the certification under subsection (e); and

(B)

includes presentation of either a concurrent backup plan or a recovery plan, and the associated implementation schedules for such plan.

(g)

Definitions.— In this section:

(1)

ARIES.— The term “ARIES” means the Advanced Recovery and Integrated Extraction System method, developed and piloted at Los Alamos National Laboratory, Los Alamos, New Mexico, for disassembling surplus defense plutonium pits and converting the plutonium from such pits into plutonium oxide.

(2)

Dilute and dispose approach.— The term “dilute and dispose approach” means a method of blending plutonium oxide made from surplus defense plutonium with an inert mixture, then packaging and indefinitely disposing of the combined material in a geologic repository.

(3)

MOX facility.— The term “MOX facility” means the mixed-oxide fuel fabrication facility at the Savannah River Site, Aiken, South Carolina.

SEC. 3121. Pilot Program on Conduct by Department of Energy of Background Reviews for Access by Certain Individuals to National Security Laboratories.

(a)

In General.— The Secretary of Energy shall establish a pilot program to assess the feasibility and advisability of conducting background reviews required by section 4502(a) of the Atomic Energy Defense Act (50 U.S.C. 2652(a)) within the Department of Energy.

(b)

Requirements.— Under the pilot program established under subsection (a), the Secretary may admit an individual described in section 4502(a) of the Atomic Energy Defense Act (50 U.S.C. 2652(a)) to a facility of a national security laboratory described in that section if, in addition to the conduct of a background review under subsection (a) with respect to that individual—

(1)

the Secretary determines that the admission of that individual to that facility is in the national interest and will further science, technology, and engineering capabilities in support of the mission of the Department of Energy; and

(2)

a security plan is developed and implemented to mitigate the risks associated with the admission of that individual to that facility.

(c)

Roles of Secretary and Director of National Intelligence and Director of Federal Bureau of Investigation.—

(1)

Role of secretary.— Under the pilot program under subsection (a), the Secretary shall conduct background reviews for all individuals described in section 4502(a) of the Atomic Energy Defense Act (50 U.S.C. 2652(a)) seeking admission to facilities of national security laboratories described in that section. Such reviews by the Secretary shall be conducted independent of and in addition to background reviews conducted by the Director of National Intelligence and the Director of the Federal Bureau of Investigation under that section.

(2)

Roles of director of national intelligence and director of federal bureau of investigation.— Notwithstanding paragraph (1), during the period during which the pilot program established under subsection (a) is being carried out, the Director of National Intelligence and the Director of the Federal Bureau of Investigation shall retain primary responsibility for the conduct of all background reviews required by section 4502(a) of the Atomic Energy Defense Act (50 U.S.C. 2652(a)).

(d)

Termination.— The pilot program established under subsection (a) shall terminate on the date that is two years after the date of the enactment of this Act.

(e)

Report Required.— Not later than 90 days after the date on which the pilot program established under subsection (a) terminates under subsection (d), the Secretary of Energy, in consultation with the Director of National Intelligence and the Director of the Federal Bureau of Investigation, shall submit to the appropriate congressional committees a report on the conduct of background reviews under the pilot program that includes—

(1)

a comparison of the effectiveness of and timelines required for background reviews conducted by the Secretary under the pilot program and background reviews conducted by the Director of National Intelligence and the Director of the Federal Bureau of Investigation under section 4502(a) of the Atomic Energy Defense Act (50 U.S.C. 2652(a)); and

(2)

the number of such reviews conducted for individuals who are citizens or agents of each country on the sensitive countries list referred to in that section.

(f)

Definitions.— In this section:

(1)

Appropriate congressional committees.— The term “appropriate congressional committees” means—

(A)

the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and

(B)

the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.

(2)

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

SEC. 3122. Prohibition on Availability of Funds for Programs in Russian Federation.

(a)

Prohibition.— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for atomic energy defense activities may be obligated or expended to enter into a contract with, or otherwise provide assistance to, the Russian Federation.

(b)

Waiver.— The Secretary of Energy, without delegation, may waive the prohibition in subsection (a) only if—

(1)

the Secretary determines, in writing, that a nuclear-related threat in the Russian Federation must be addressed urgently and it is necessary to waive the prohibition to address that threat;

(2)

the Secretary of State and the Secretary of Defense concur in the determination under paragraph (1);

(3)

the Secretary of Energy submits to the appropriate congressional committees a report containing—

(A)

a notification that the waiver is in the national security interest of the United States;

(B)

justification for the waiver, including the determination under paragraph (1); and

(C)

a description of the activities to be carried out pursuant to the waiver, including the expected cost and timeframe for such activities; and

(4)

a period of seven days elapses following the date on which the Secretary submits the report under paragraph (3).

(c)

Exception.— The prohibition under subsection (a) and the requirements under subsection (b) to waive that prohibition shall not apply to an amount, not to exceed $3,000,000, that the Secretary may make available for the Department of Energy Russian Health Studies Program.

(d)

Appropriate Congressional Committees Defined.— In this section, the term “appropriate congressional committees” means the following:

(1)

The congressional defense committees.

(2)

The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

SEC. 3123. Prohibition on Availability of Funds for Research and Development of Advanced Naval Nuclear Fuel System Based on Low-Enriched Uranium.

(a)

Prohibition.— Except as provided by subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Department of Energy or the Department of Defense may be obligated or expended to plan or carry out research and development of an advanced naval nuclear fuel system based on low-enriched uranium.

(b)

Exception.— In accordance with section 7319 of title 10, United States Code, of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for defense nuclear nonproliferation, as specified in the funding table in section 4701, $10,000,000 shall be made available to the Deputy Administrator for Naval Reactors of the National Nuclear Security Administration for low-enriched uranium activities (including downblending of high-enriched uranium fuel into low-enriched uranium fuel, research and development using low-enriched uranium fuel, or the modification or procurement of equipment and infrastructure related to such activities) to develop an advanced naval nuclear fuel system based on low-enriched uranium.

SEC. 3124. Limitation on Availability of Funds Relating to Submission of Annual Reports on Unfunded Priorities.

Section 4716 of the Atomic Energy Defense Act (50 U.S.C. 2756) is amended—

(1)

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

(2)

by inserting after subsection (b) the following new subsection (c):

“(c) Limitation.—If the Administrator fails to submit to the congressional defense committees a report required by subsection (a) for any of fiscal years 2020 through 2024 that includes the matters specified in subsection (b)(1) for at least one unfunded priority by the deadline specified in subsection (a), not more than 65 percent of the funds authorized to be appropriated or otherwise made available for the fiscal year in which such failure occurs for travel and transportation of persons under the Federal salaries and expenses account of the Administration may be obligated or expended until the date on which the Administrator submits such report.”

Subtitle C Plans and Reports

SEC. 3131. Modifications to Cost-Benefit Analyses for Competition of Management and Operating Contracts.

(a)

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

“SEC. 4807. COST-BENEFIT ANALYSES FOR COMPETITION OF MANAGEMENT AND OPERATING CONTRACTS.

“(a) Briefings on Requests for Proposals.—Not later than 7 days after issuing a request for proposals for a contract to manage and operate a facility of the Administration, the Administrator shall brief the congressional defense committees on the preliminary assessment of the Administrator of the costs and benefits of the competition for the contract, including a preliminary assessment of the matters described in subsection (c) with respect to the contract.

“(b) Reports After Transition to New Contracts.—If the Administrator awards a new contract to manage and operate a facility of the Administration, the Administrator shall submit to the congressional defense committees a report that includes the matters described in subsection (c) with respect to the contract by not later than 30 days after the completion of the period required to transition to the contract.

“(c) Matters Described.—The matters described in this subsection, with respect to a contract, are the following:

“(1) A clear and complete description of the cost savings the Administrator expects to result from the competition for the contract over the life of the contract, including associated analyses, assumptions, and information sources used to determine such expected cost savings.

“(2) A description of any key limitations or uncertainties that could affect such costs savings, including costs savings that are anticipated but not fully known.

“(3) The costs of the competition for the contract, including the immediate costs of conducting the competition, the costs of the transition to the contract from the previous contract, and any increased costs over the life of the contract.

“(4) A description of any disruptions or delays in mission activities or deliverables resulting from the competition for the contract.

“(5) A clear and complete description of the benefits expected by the Administrator with respect to mission performance or operations resulting from the competition.

“(6) How the competition for the contract complied with the Federal Acquisition Regulation regarding federally funded research and development centers, if applicable.

“(7) The factors considered and processes used by the Administrator to determine—

“(A) whether to compete or extend the previous contract; and

“(B) which activities at the facility should be covered under the contract rather than under a different contract.

“(8) With respect to the matters included under paragraphs (1) through (7), a detailed description of the analyses conducted by the Administrator to reach the conclusions presented in the report, including any assumptions, limitations, and uncertainties relating to such conclusions.

“(9) Any other matters the Administrator considers appropriate.

“(d) Information Quality.—Each briefing required by subsection (a) and report required by subsection (b) shall be prepared in accordance with—

“(1) the information quality guidelines of the Department of Energy that are relevant to the clear and complete presentation of the matters described in subsection (c); and

“(2) best practices of the Government Accountability Office and relevant industries for cost estimating, if appropriate.

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

“(1) Initial review.—The Comptroller General of the United States shall provide a briefing to the congressional defense committees that includes a review of each report required by subsection (b) not later than 180 days after the report is submitted to such committees.

“(2) Comprehensive review.—

“(A) Determination.—The Comptroller General shall determine, in consultation with the congressional defense committees, whether to conduct a comprehensive review of a report required by subsection (b).

“(B) Submission.—The Comptroller General shall submit a comprehensive review conducted under subparagraph (A) of a report required by subsection (b) to the congressional defense committees not later than 3 years after that report is submitted to such committees.

“(C) Elements.—A comprehensive review conducted under subparagraph (A) of a report required by subsection (b) shall include an assessment, based on the most current information available, of the following:

“(i) The actual cost savings achieved compared to cost savings estimated under subsection (c)(1), and any increased costs incurred under the contract that were unexpected or uncertain at the time the contract was awarded.

“(ii) Any disruptions or delays in mission activities or deliverables resulting from the competition for the contract compared to the disruptions and delays estimated under subsection (c)(4).

“(iii) Whether expected benefits of the competition with respect to mission performance or operations have been achieved.

“(iv) Such other matters as the Comptroller General considers appropriate.

“(f) Applicability.—

“(1) In general.—The requirements for briefings under subsection (a) and reports under subsection (b) shall apply with respect to requests for proposals issued or contracts awarded, as applicable, by the Administrator during fiscal years 2019 through 2022.

“(2) Naval reactors.—The requirements for briefings under subsection (a) and reports under subsection (b) shall not apply with respect to a management and operations contract for a Naval Reactor facility.”

(b)

Clerical Amendment.— The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4806 the following new item:

“Sec. 4807. Cost-benefit analyses for competition of management and operating contracts.”.

(c)

Termination of Superseded Provision.— Section 3121(e)(1) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2175), as most recently amended by section 3135 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1207), is further amended by striking “ 2020” and inserting “ 2018”.

SEC. 3132. Nuclear Forensics Analyses.

(a)

Independent Assessment.— Not later than 30 days after the date of the enactment of this Act, the Secretary of Energy, in consultation with the Secretary of Defense and the Secretary of Homeland Security, shall seek to enter into an agreement with the National Academy of Sciences for an independent assessment of nuclear forensic analyses conducted by the Federal Government.

(b)

Elements.— The assessment conducted by the National Academy of Sciences under subsection (a) shall, at minimum, include the following:

(1)

An assessment of a representative sample of nuclear forensic analyses from across the Federal departments and agencies, with particular emphasis on the validity, quality, value, cost effectiveness, gaps, and timeliness of such analyses.

(2)

An assessment of the methodologies used by nuclear forensics analyses from across the Federal departments and agencies, including the scientific rigor of such methodologies.

(3)

Recommendations for improving nuclear forensics analyses conducted by the Federal Government, including any best practices or lessons learned that should be shared across the Federal departments and agencies.

(c)

Submission.— Not later than one year after the date of the enactment of this Act, the Secretary of Energy shall submit to the appropriate congressional committees a report containing the assessment of the National Academy of Sciences under subsection (a).

(d)

Briefing on Senior-level Involvement in Exercises.— Not later than 90 days after the date of the enactment of this Act, the President shall provide to the appropriate congressional committees a briefing on the involvement of senior-level executive branch leadership in recent and planned nuclear terrorism preparedness or response exercises and any other exercises that have nuclear forensic analysis as a component of the exercises.

(e)

Appropriate Congressional Committees Defined.— In this section, the term “appropriate congressional committees” means—

(1)

the congressional defense committees; and

(2)

the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.

SEC. 3133. Review of Defense Environmental Cleanup Activities.

(a)

In General.— The Secretary of Energy shall enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine to conduct a review of the defense environmental cleanup activities of the Office of Environmental Management of the Department of Energy.

(b)

Elements.— The review conducted under subsection (a) shall include—

(1)

an assessment of—

(A)

project management practices with respect to the activities described in subsection (a);

(B)

the outcomes of such activities; and

(C)

the appropriateness of the level of engagement and oversight of the Office of Environmental Management with respect to such activities; and

(2)

recommendations with respect to actions to enhance the effectiveness and efficiency of such activities.

SEC. 3134. Whistleblower Protections.

(a)

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

(1)

raising nuclear safety concerns is important for avoiding potentially catastrophic incidents or harm to workers and the public;

(2)

the Department of Energy should protect whistleblowers and take action against contractors and subcontractors that retaliate against whistleblowers;

(3)

such action sends a strong signal to prevent or limit retaliation against whistleblowers; and

(4)

the Secretary of Energy, acting through the Administrator for Nuclear Security as appropriate, should impose civil penalties under section 234A of the Atomic Energy Act of 1954 (42 U.S.C. 2282a) on contractors, subcontractors, and suppliers for violations of the rules, regulations, or orders of the Department of Energy relating to nuclear safety and radiation protection.

(b)

Report Required.—

(1)

In general.— Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Administrator, shall submit to the appropriate congressional committees a report on how the Secretary would define a chilled work environment with respect to employees and contractors of the Department making a whistleblower complaint under section 4602 of the Atomic Energy Defense Act (50 U.S.C. 2702) or any provision of other law that may provide protection for disclosures of information by such employees or contractors.

(2)

Elements.— The report required by paragraph (1) shall include—

(A)

a description of what constitutes evidence of a chilled work environment referred to in that paragraph;

(B)

a description of relevant regulations enacted by the Secretary to enforce section 4602 of the Atomic Energy Defense Act (50 U.S.C. 2702); and

(C)

an assessment of whether the Secretary has existing authority, or would need new authority, to enforce such section 4602 or any other relevant provision of law.

(c)

Notification.— Not later than February 1, 2019, and annually thereafter through 2021, the Secretary shall submit to the appropriate congressional committees a notification of whether any penalties were imposed pursuant to section 234A of the Atomic Energy Act of 1954 (42 U.S.C. 2282a) during the year preceding the submission of the report, including a description of such penalties and the entities against which the penalties were imposed.

(d)

Appropriate Congressional Committees.— In this section, the term “appropriate congressional committees” means—

(1)

the congressional defense committees; and

(2)

the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

SEC. 3135. Implementation of Nuclear Posture Review by National Nuclear Security Administration.

(a)

Report Required.— Not later than December 1, 2018, the Administrator for Nuclear Security shall submit to the congressional defense committees a report on the implementation of the 2018 Nuclear Posture Review by the National Nuclear Security Administration.

(b)

Elements.— The report required by subsection (a) shall include the following:

(1)

A list of specific actions associated with implementation of the policies set forth in the 2018 Nuclear Posture Review applicable to the National Nuclear Security Administration.

(2)

For each such action—

(A)

an identification of the office within the Administration with responsibility for the action; and

(B)

key milestones for the action.

(3)

A discussion of any challenges to successfully implementing such actions.

(4)

A description of the process established for monitoring the implementation of such actions.

(5)

A description of policy decisions by the Administrator that are necessary to complete the implementation of such actions.

(6)

A description of the estimated costs for such actions, if—

(A)

information on such costs is available; and

(B)

such costs are estimated to be significantly different from the costs for actions by the Administration associated with the implementation of policies set forth in previous Nuclear Posture Reviews.

SEC. 3136. Survey of Workforce of National Security Laboratories and Nuclear Weapons Production Facilities.

(a)

In General.— Not later than 180 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall submit to the congressional defense committees a report that includes—

(1)

a detailed proposal for a survey of the workforce of the national security laboratories and nuclear weapons production facilities that is modeled on the Federal Employee Viewpoint Survey of the Office of Personnel Management;

(2)

the determination of the Administrator with respect to whether to implement the survey;

(3)

the views of the Administrator regarding the value, efficiency, and effectiveness of the survey as compared to other means for acquiring information of the type collected using the survey; and

(4)

if the Administrator determines not to implement the survey, a description of the reasons for that determination.

(b)

Implementation Factors.— The report required by subsection (a) shall address factors associated with implementation of the survey described in that subsection, including—

(1)

the costs of designing the survey;

(2)

the time required for and the costs of administering the survey and analyzing the data from the survey;

(3)

the periodicity of administering the survey to ascertain trends; and

(4)

any other matters the Administrator considers appropriate.

(c)

Definitions.— In this section, the terms “national security laboratory” and “nuclear weapons production facility” have the meanings given those terms in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501).

SEC. 3137. Elimination of Certain Reports.

(a)

Report of Owner’s Agent on Hanford Waste Treatment and Immobilization Plant Contract.— Section 4446 of the Atomic Energy Defense Act (50 U.S.C. 2626) is amended—

(1)

by striking subsection (d); and

(2)

by redesignating subsections (e) and (f) as subsections (d) and (e), respectively.

(b)

Annual Certification of Shipments to Waste Isolation Pilot Plant.— Section 3115(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2759) is amended, in the matter preceding paragraph (1), by striking “ five-year period” and inserting “ three-year period”.

Subtitle D Other Matters

SEC. 3141. Acceleration of Replacement of Cesium Blood Irradiation Sources.

(a)

Goal.— The Administrator for Nuclear Security shall ensure that the goal of the covered programs is eliminating the use of blood irradiation devices in the United States that rely on cesium chloride by December 31, 2027.

(b)

Implementation.— To meet the goal specified by subsection (a), the Administrator shall carry out the covered programs in a manner that—

(1)

is voluntary for owners of blood irradiation devices;

(2)

allows for the United States, subject to the review of the Administrator, to pay up to 50 percent of the per-device cost of replacing blood irradiation devices covered by the programs;

(3)

allows for the United States to pay up to 100 percent of the cost of removing and disposing of cesium sources retired from service by the programs; and

(4)

replaces such devices with x-ray irradiation devices or other devices approved by the Food and Drug Administration that provide significant threat reduction as compared to cesium chloride irradiators.

(c)

Duration.— The Administrator shall carry out the covered programs until December 31, 2027.

(d)

Report.— Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate congressional committees a report on the covered programs, including—

(1)

identification of each cesium chloride blood irradiation device in the United States, including the number, general location, and user type;

(2)

a plan for achieving the goal established by subsection (a);

(3)

a methodology for prioritizing replacement of such devices that takes into account irradiator age and prior material security initiatives;

(4)

in consultation with the Nuclear Regulatory Commission and the Food and Drug Administration, a strategy identifying any legislative, regulatory, or other measures necessary to constrain the introduction of new cesium chloride blood irradiation devices;

(5)

identification of the annual funds required to meet the goal established by subsection (a); and

(6)

a description of the disposal path for cesium chloride sources under the covered programs.

(e)

Assessment.— The Administrator shall submit an assessment to the appropriate congressional committees by September 20, 2023, of the results of the actions on the covered programs under this section, including—

(1)

the number of replacement irradiators under the covered programs;

(2)

the life-cycle costs of the programs, including personnel training, maintenance, and replacement costs for new irradiation devices;

(3)

the cost-effectiveness of the covered programs;

(4)

an analysis of the effectiveness of the new irradiation devices’ technology; and

(5)

a forecast of whether the Administrator will meet the goal established in subsection (a).

(f)

Definitions.— In this section:

(1)

Appropriate congressional committees.— The term “appropriate congressional committees” means—

(A)

the Committee on Appropriations, the Committee on Armed Services, and the Committee on Energy and Commerce of the House of Representatives; and

(B)

the Committee on Appropriations, the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Health, Education, Labor, and Pensions of the Senate.

(2)

Covered programs.— The term “covered programs” means the following programs of the Office of Radiological Security of the National Nuclear Security Administration:

(A)

The Cesium Irradiator Replacement Program.

(B)

The Off-Site Source Recovery Program.

SEC. 3142. Sense of Congress Regarding Compensation of Individuals Relating to Uranium Mining and Nuclear Testing.

(a)

Findings.— Congress makes the following findings:

(1)

The Radiation Exposure Compensation Act (42 U.S.C. 2210 note) was enacted in 1990 to provide monetary compensation to individuals who contracted certain cancers and other serious diseases following their exposure to radiation released during atmospheric nuclear weapons testing during the Cold War or following exposure to radiation as a result of employment in the uranium industry during the Cold War.

(2)

The Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.) formally acknowledged the dangers to which some employees of sites of the Department of Energy and its vendors during the Cold War were exposed. That Act also acknowledged that, although establishing the link between occupational hazards and specific diseases can be difficult, scientific evidence exists to support the conclusion that some activities related to Cold War nuclear weapons production have resulted in increased risk of illness and death to workers. That Act established a formal process for the submission of claims for medical expenses and lump sum compensation for former employees and contractors and survivors of those former employees and contractors.

(3)

As of the date of the enactment of this Act, more than 150,231 claims have been paid out under the Radiation Exposure Compensation Act and the Energy Employees Occupational Illness Compensation Program Act of 2000, for a total of at least $17,400,000,000 in lump sum compensation and medical expenses.

(b)

Sense of Congress.— It is the sense of Congress that the United States Government should appropriately compensate and recognize the employees, contractors, and other individuals described in subsection (a).

TITLE XXXII Defense Nuclear Facilities Safety Board

SEC. 3201. Authorization.

There are authorized to be appropriated for fiscal year 2019, $31,243,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).

TITLE XXXIV Naval Petroleum Reserves

SEC. 3401. Authorization of Appropriations.

(a)

Amount.— There are hereby authorized to be appropriated to the Secretary of Energy $10,000,000 for fiscal year 2019 for the purpose of carrying out activities under chapter 641 of title 10, United States Code, relating to the naval petroleum reserves.

(b)

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

TITLE XXXV Maritime Matters

Subtitle A Maritime Administration

SEC. 3501. Authorization of the Maritime Administration.

(a)

In General.— There are authorized to be appropriated to the Department of Transportation for fiscal year 2019, to be available without fiscal year limitation if so provided in appropriations Acts, for programs associated with maintaining the United States merchant marine, the following amounts:

(1)

For expenses necessary for operations of the United States Merchant Marine Academy, $74,593,000, of which—

(A)

$70,593,000 shall be for Academy operations; and

(B)

$4,000,000 shall remain available until expended for capital asset management at the Academy.

(2)

For expenses necessary to support the State maritime academies, $32,200,000, of which—

(A)

$2,400,000 shall remain available until September 30, 2019, for the Student Incentive Program;

(B)

$6,000,000 shall remain available until expended for direct payments to such academies;

(C)

$22,000,000 shall remain available until expended for maintenance and repair of State maritime academy training vessels; and

(D)

$1,800,000 shall remain available until expended for training ship fuel assistance.

(3)

For expenses necessary to support the National Security Multi-Mission Vessel Program, $300,000,000, which shall remain available until expended.

(4)

For expenses necessary to support Maritime Administration operations and programs, $60,442,000, of which $5,000,000 shall remain available until expended for port infrastructure development under section 50302 of title 46, United States Code.

(5)

For expenses necessary to dispose of vessels in the National Defense Reserve Fleet, $5,000,000, which shall remain available until expended.

(6)

For expenses necessary to maintain and preserve a United States flag merchant marine to serve the national security needs of the United States under chapter 531 of title 46, United States Code, $300,000,000.

(7)

For expenses necessary for the loan guarantee program authorized under chapter 537 of title 46, United States Code, $33,000,000, of which—

(A)

$30,000,000 may be used for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees under the program; and

(B)

$3,000,000 may be used for administrative expenses relating to loan guarantee commitments under the program.

(8)

For expenses necessary to provide assistance to small shipyards and for maritime training programs under section 54101 of title 46, United States Code, $35,000,000.

(b)

Capital Asset Management Program Report.— Not later than 180 days after the date of the enactment of this Act, the Maritime Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives a report on the status of unexpended appropriations for capital asset management at the United States Merchant Marine Academy, and the plan for expending such appropriations.

SEC. 3502. Compliance by Ready Reserve Fleet Vessels with Solas Lifeboats and Fire Suppression Requirements.

The Secretary of Defense shall, consistent with section 2244a of title 10, United States Code, use authority under section 2218 of such title to make such modifications to Ready Reserve Fleet vessels as are necessary for such vessels to comply requirements for lifeboats and fire suppression under the International Convention for the Safety of Life at Sea by not later than October 1, 2021.

SEC. 3503. Maritime Administration National Security Multi-Mission Vessel Program.

Section 3505 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2776) is amended by adding at the end the following:

“(h) Limitation on Use of Funds for Used Vessels.—Amounts authorized by this or any other Act for use by the Maritime Administration to carry out this section may not be used for the procurement of any used vessel.”

SEC. 3504. Permanent Authority of Secretary of Transportation to Issue Vessel War Risk Insurance.

(a)

In General.— Section 53912 of title 46, United States Code, is repealed.

(b)

Clerical Amendment.— The table of sections at the beginning of chapter 539 of title 46, United States Code, is amended by striking the item relating to section 53912.

SEC. 3505. Use of State Maritime Academy Training Vessels.

Section 51504(g) of title 46, United States Code, is amended to read as follows:

“(g) Vessel Sharing.—

“(1) In general.—Not later than 90 days after the date of enactment of the National Defense Authorization Act for Fiscal Year 2019, the Secretary, acting through the Maritime Administrator, shall upon consultation with the maritime academies, and to the extent feasible with the consent of the maritime academies, implement a program of training vessel sharing, requiring maritime academies to share training vessel provided by the Secretary among maritime academies, as necessary to ensure that training needs of each academy are met.

“(2) Program of vessel sharing.—For purposes of this subsection, a program of vessel sharing shall include—

“(A) ways to maximize the available underway training available in the fleet of training vessels;

“(B) coordinating the dates and duration of training cruises with the academic calendars of maritime academies;

“(C) coordinating academic programs designed to be implemented aboard training vessels among maritime academies; and

“(D) identifying ways to minimize costs.

“(3) Additional funding.—Subject to the availability of appropriations, the Maritime Administrator may provide additional funding to State maritime academies during periods of limited training vessel capacity, for costs associated with training vessel sharing.

“(4) Evaluation.—Not later than 30 days after the beginning of each fiscal year, the Secretary, acting through the Maritime Administrator, shall evaluate the vessel sharing program under this subsection to determine the optimal utilization of State maritime training vessels, and modify the program as necessary to improve utilization.”

SEC. 3506. Concurrent Jurisdiction.

Notwithstanding any other law, the Secretary of Transportation may relinquish, at the Secretary’s discretion, to the State of New York, such measure of legislative jurisdiction over the lands constituting the United States Merchant Marine Academy in King’s Point, New York, as is necessary to establish concurrent jurisdiction between the Federal Government and the State of New York. Such partial relinquishment of legislative jurisdiction shall be accomplished—

(1)

by filing with the Governor of New York a notice of relinquishment to take effect upon acceptance thereof; or

(2)

as the laws of that State may provide.

SEC. 3507. United States Merchant Marine Academy Policy on Sexual Harassment, Dating Violence, Domestic Violence, Sexual Assault, and Stalking.

(a)

Policy on Sexual Harassment, Dating Violence, Domestic Violence, Sexual Assault, and Stalking.— Section 51318 of title 46, United States Code, is amended—

(1)

in subsection (a)(2)—

(A)

in subparagraph (A), by inserting “ and prevention” after “ awareness”;

(B)

by redesignating subparagraph (B) as subparagraph (C), and subparagraphs (C) through (F) as subparagraphs (E) through (H), respectively;

(C)

by inserting after subparagraph (A) the following:

“(B) procedures for documenting, tracking, and maintaining the data required to conduct the annual assessments to determine the effectiveness of the policies, procedures, and training program of the Academy with respect to sexual harassment, dating violence, domestic violence, sexual assault, and stalking involving cadets or other Academy personnel, as required by subsection (c);”

; and

(D)

by inserting after subparagraph (C), as redesignated by subparagraph (B), the following:

“(D) procedures for investigating sexual harassment, dating violence, domestic violence, sexual assault, or stalking involving a cadet or other Academy personnel to determine whether disciplinary action is necessary;”

(2)

in subsection (b)(2)(A), by inserting “ and other Academy personnel” after “ cadets at the Academy”; and

(3)

in subsection (d)—

(A)

in paragraph (2)(A) by inserting “ , including sexual harassment,” after “ sexual assaults, rapes, and other sexual offenses”; and

(B)

in paragraph (4)(B), by striking “ The Secretary” and inserting “ Not later than January 15 of each year, the Secretary”.

(b)

Implementation.— The Superintendent of the United States Merchant Marine Academy may implement the amendment to subsection (b)(2)(A) of section 51318 of title 46, United States Code, made by subsection (a)(2), by updating an existing plan issued pursuant to the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).

SEC. 3508. Report on Implementation of Recommendations for the United States Merchant Marine Academy Sexual Assault Prevention and Response Program.

Not later than April 1, 2019, the Maritime Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the progress of the Maritime Administration in implementing and closing each of the recommendations made in the Office of Inspector General’s Report issued March 28, 2018 (ST–2018–039) identifying gaps in the United States Merchant Marine Academy’s Sexual Assault Prevention and Response Program.

SEC. 3509. Report on the Application of the Uniform Code of Military Justice to the United States Merchant Marine Academy.

(a)

Report.— Not later than 180 days after the date of the enactment of this Act, the Maritime Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives on the impediments to the application of the Uniform Code of Military Justice at the United States Merchant Marine Academy.

(b)

Consultation.— The Maritime Administrator may, in preparing the report under subsection (a), consult with the Department of Defense, other Federal agencies, and non-Federal entities, as appropriate.

SEC. 3510. Electronic Records on Mariner Availability to Meet National Security Needs.

The Secretary of the department in which the Coast Guard is operating shall ensure that electronic records maintained under section 7502 of title 46, United States Code, are able to be used by the Secretary of Transportation—

(1)

to determine the potential availability of mariners credentialed under part E of subtitle II of title 46, United States Code, to meet national security sealift needs; and

(2)

to receive information on the qualification of such mariners.

SEC. 3511. Small Shipyard Grants.

Section 54101(b) of title 46, United States Code, is amended—

(1)

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

(2)

by inserting after paragraph (1) the following:

“(2) Timing of grant notice.—The Administrator shall post a Notice of Funding Opportunity regarding grants awarded under this section not more than 15 days after the date of enactment of the appropriations Act for the fiscal year concerned.”

; and

(3)

in paragraph (4), as redesignated by paragraph (1), by striking “ paragraph (2)” and inserting “ paragraph (3)”.

SEC. 3512. Sea Year on Contracted Vessels.

Section 51307 of title 46, United States Code, is amended—

(1)

by striking “ The Secretary” and inserting the following:

“(a) In General.—The Secretary”

(2)

in paragraph (1) of subsection (a), by striking “ owned or subsidized by” and inserting “ owned, subsidized by, or contracted with”; and

(3)

by adding at the end the following:

“(b) Maritime Security Program Vessels.—The Secretary shall require an operator of a vessel participating in the Maritime Security Program under chapter 531 of this title to carry on each Maritime Security Program vessel 2 United States Merchant Marine Academy cadets, if available, on each voyage.

“(c) Military Sealift Command Vessels.—

“(1) In general.—Except as provided in paragraph (2), the Commander of the Military Sealift Command shall require an operator of a vessel in the United States Navy’s Military Sealift Command to carry on each such vessel 2 United States Merchant Marine Academy cadets, if available, on each voyage, if the vessel—

“(A) is flagged in the United States; and

“(B) is rated at 10,000 gross tons or higher.

“(2) Waiver.—The Commander of the Military Sealift Command may waive the requirement under paragraph (1) at any time if the Commander determines that carrying a cadet from the United States Merchant Marine Academy would place an undue burden on the vessel or the operator of the vessel.

“(d) Definition of Operator.—In this section, the term ‘operator’ includes a government operator and a non-government operator.

“(e) Savings Clause.—Nothing in this section may be construed as affecting—

“(1) the discretion of the Secretary to determine whether to place a United States Merchant Marine Academy cadet on a vessel;

“(2) the authority of the Coast Guard regarding a vessel security plan approved under section 70103; or

“(3) the discretion of the master of the vessel to ensure the safety of all crew members.”

SEC. 3513. Gao Report on National Maritime Strategy.

(a)

Report.— Not later than 12 months after the date of the enactment of this Act, the Comptroller General of the United States shall complete a study and submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Armed Services of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives, a report on—

(1)

the key challenges, if any, to ensuring that the United States marine transportation system and merchant marine are sufficient to support United States economic and defense needs, as articulated by the Maritime Administration, the Committee on the Marine Transportation System, and other stakeholders;

(2)

the extent to which a national maritime strategy incorporates desirable characteristics of successful national strategies as identified by the Comptroller General, and any key obstacles (as identified by stakeholders) to successfully implementing such strategies; and

(3)

the extent to which Federal efforts to establish a national maritime strategy are duplicative or fragmented, and if so, the impact on United States maritime policy for the future.

(b)

Deadline.— Subsection (a) of section 603 of the Howard Coble Coast Guard and Maritime Transportation Act of 2014 (Public Law 113–281; 128 Stat. 3061) is amended by striking “ Not later than 60 days after the date of the enactment of this Act” and inserting “ Not later than 18 months after the date of the enactment of the John S. McCain National Defense Authorization Act for Fiscal Year 2019”.

SEC. 3514. Multi-Year Contracts.

Section 3505 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2776), as amended by section 3503 of this Act, is further amended by adding at the end the following:

“(i) Contracting Authority Not Affected.—Nothing in this section may be construed to prohibit the entity responsible for contracting from entering into a multiple-year or block contract for the procurement of up to 6 new vessels and associated Government-furnished equipment, subject to the availability of appropriations.”

SEC. 3515. Miscellaneous.

(a)

Noncommercial Vessels.— Section 3514(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 46 U.S.C. 51318 note) is amended—

(1)

by striking “ Not later than” and inserting the following:

“(1) In general.—Not later than”

; and

(2)

by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly; and

(3)

by adding at the end the following:

“(2) Noncommercial vessels.—For the purposes of this section, vessels operated by any of the following entities shall not be considered commercial vessels:

“(A) Any entity or agency of the United States.

“(B) The government of a State or territory.

“(C) Any political subdivision of a State or territory.

“(D) Any other municipal organization.”

(b)

Passenger Records.— Section 51322(c) of title 46, United States Code, is amended to read as follows:

“(c) Maintenance of Sexual Assault Training Records.—The Maritime Administrator shall require the owner or operator of a commercial vessel, or the seafarer union for a commercial vessel, to maintain records of sexual assault training for any person required to have such training.”

(c)

National Oceanic and Atmospheric Administration.— Section 3134 of title 40, United States Code, is amended by adding at the end the following:

“(c) National Oceanic and Atmospheric Administration.—The Secretary of Commerce may waive this subchapter with respect to contracts for the construction, alteration, or repair of vessels, regardless of the terms of the contracts as to payment or title, when the contract is made under the Act entitled ‘An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes’, approved August 6, 1947 (33 U.S.C. 883a et seq.).”

(d)

Annual Payments for Maintenance and Support.— Section 51505(b)(2) of title 46 is amended to read as follows:

“(2) Maximum.—The amount under paragraph (1) may not be more than $25,000, unless the academy satisfies section 51506(b) of this title.”

SEC. 3516. Department of Transportation Inspector General Report on Title Xi Program.

Not later than 180 days after the date of enactment of this Act, the Department of Transportation Office of Inspector General shall—

(1)

initiate an audit of the financial controls and protections included in the policies and procedures of the Department of Transportation for approving loan applications for the loan guarantee program authorized under chapter 537 of title 46, United States Code; and

(2)

submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the results of that audit once the audit is completed.

Subtitle B Coast Guard

SEC. 3521. Alignment with Department of Defense and Sea Services Authorities.

(a)

Prohibiting Sexual Harassment; Report.—

(1)

Notification.—

(A)

In general.— The Commandant of the Coast Guard shall notify the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on August 26, 2018, if there is not in effect a general order or regulation prohibiting sexual harassment by members of the Coast Guard and clearly stating that a violation of such order or regulation is punishable in accordance with the Uniform Code of Military Justice.

(B)

Contents.— The notification required under subparagraph (A) shall include—

(i)

details regarding the status of the drafting of such general order or regulation;

(ii)

a projected implementation timeline for such general order or regulation; and

(iii)

an explanation regarding any barriers to implementation.

(2)

Report.— Section 217 of the Coast Guard Authorization Act of 2010 (Public Law 111–281; 14 U.S.C. 93 note) is amended—

(A)

in subsection (a), by inserting “ and incidents of sexual harassment” after “ sexual assaults”; and

(B)

in subsection (b)—

(i)

in paragraph (1), by inserting “ and incidents of sexual harassment” after “ sexual assaults” each place it appears;

(ii)

in paragraph (3), by inserting “ and sexual harassment” after “ sexual assault”; and

(iii)

in paragraph (4), by inserting “ and sexual harassment” after “ sexual assault”.

(b)

Annual Performance Report.—

(1)

In general.— Chapter 29 of title 14, United States Code, is amended by adding at the end the following:

“§ 2905. Annual performance report

“Not later than the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Commandant of the Coast Guard shall make available on a public website and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an update on Coast Guard mission performance during the previous fiscal year.”

(2)

Clerical amendment.— The analysis at the beginning of such chapter is amended by adding at the end the following:

“2905. Annual performance report.”.

SEC. 3522. Preliminary Development and Demonstration.

Section 573 of title 14, United States Code, is amended—

(1)

in subsection (b)(3), by—

(A)

striking “ require that safety concerns identified” and inserting “ ensure that independent third parties and Government employees that identify safety concerns”; and

(B)

striking “ Coast Guard shall be communicated as” and inserting “ Coast Guard communicate such concerns as”;

(2)

in subsection (b)(4), by striking “ Any safety concerns that have been reported to the Chief Acquisition Officer for an acquisition program or project shall be reported by the Commandant” and inserting “ The Commandant shall ensure that any safety concerns that have been communicated under paragraph (3) for an acquisition program or project are reported”;

(3)

in subsection (b)(5)—

(A)

by striking the matter preceding subparagraph (A) and inserting the following:

“(5) Asset already in low, initial, or full-rate production.—The Commandant shall ensure that if an independent third party or a Government employee identifies a safety concern with a capability or asset or any subsystems of a capability or asset not previously identified during operational test and evaluation of a capability or asset already in low, initial, or full-rate production—”

(B)

in subparagraph (A), by inserting “ the Commandant, through the Assistant Commandant for Capability, shall” before “ notify”; and

(C)

in subparagraph (B), by striking “ notify the Chief Acquisition Officer and include in such notification” and inserting “ the Deputy Commandant for Mission Support shall notify the Commandant and the Deputy Commandant for Operations of the safety concern within 50 days after the notification required under subparagraph (A), and include in such notification”; and

(4)

in subsection (c)—

(A)

in paragraph (2)(A), by striking “ and that are delivered after the date of enactment of the Coast Guard Authorization Act of 2010”; and

(B)

in paragraph (5), by striking “ and delivered after the date of enactment of the Coast Guard Authorization Act of 2010”.

SEC. 3523. Contract Termination.

(a)

In General.— Chapter 17 of title 14, United States Code, is amended by inserting after section 656 the following:

“§ 657. Contract termination

“(a) In General.—

“(1) Notification.—Before terminating a procurement or acquisition contract with a total value of more than $1,000,000, the Commandant of the Coast Guard shall notify each vendor under such contract and require the vendor to maintain all work product related to the contract until the earlier of—

“(A) not less than 1 year after the date of the notification; or

“(B) the date the Commandant notifies the vendor that maintenance of such work product is no longer required.

“(b) Work Product Defined.—In this section the term ‘work product’—

“(1) means tangible and intangible items and information produced or possessed as a result of a contract referred to in subsection (a); and

“(2) includes—

“(A) any completed end items;

“(B) any uncompleted end items; and

“(C) any property in the contractor’s possession in which the United States Government has an interest.

“(c) Penalty.—A vendor that fails to maintain work product as required under subsection (a) is liable to the United States for a civil penalty of not more than $25,000 for each day on which such work product is unavailable.

“(d) Report.—

“(1) In general.—Except as provided in paragraph (2), not later than 45 days after the end of each fiscal year the Commandant of the Coast Guard shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing—

“(A) all Coast Guard contracts with a total value of more than $1,000,000 that were terminated in the fiscal year;

“(B) all vendors who were notified under subsection (a)(1) in the fiscal year, and the date of such notification;

“(C) all criminal, administrative, and other investigations regarding any contract with a total value of more than $1,000,000 that were initiated by the Coast Guard in the fiscal year;

“(D) all criminal, administrative, and other investigations regarding contracts with a total value of more than $1,000,000 that were completed by the Coast Guard in the fiscal year; and

“(E) an estimate of costs incurred by the Coast Guard, including contract line items and termination costs, as a result of the requirements of this section.

“(2) Limitation.—The Commandant is not required to provide a report under paragraph (1) for any fiscal year for which there is no responsive information as described in subparagraphs (A) through (E) of paragraph (1).”

(b)

Clerical Amendment.— The analysis at the beginning of such chapter is amended by inserting after the item relating to section 656 the following:

“657. Contract termination.”.

SEC. 3524. Reimbursement for Travel Expenses.

The text of section 518 of title 14, United States Code is amended to read as follows:

“(1) the covered beneficiary is referred by a primary care physician to a specialty care provider (as defined in section 1074i(b) of title 10) on the mainland who provides services less than 100 miles from the location where the beneficiary resides; or

“(2) the Coast Guard medical regional manager for the area in which such island is located determines that the covered beneficiary requires services of a primary care, specialty care, or dental provider and such a provider who is part of the network of providers of a TRICARE program (as that term is defined in section 1072(7) of title 10) does not practice on such island.”

SEC. 3525. Capital Investment Plan.

Section 2902(a) of title 14, United States Code, is amended—

(1)

by striking “ On the date” and inserting “ Not later than 60 days after the date”;

(2)

in paragraph (1)(D), by striking “ and”; and

(3)

by inserting after paragraph (1)(E) the following:

“(F) projected commissioning and decommissioning dates for each asset; and”

SEC. 3526. Major Acquisition Program Risk Assessment.

(a)

In General.— Chapter 29 of title 14, United States Code, as amended by section 3521(b)(1) of this Act, is further amended by adding at the end the following:

“§ 2906. Major acquisition program risk assessment

“(a) In General.—Not later than April 15 and October 15 of each year, the Commandant of the Coast Guard shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing regarding a current assessment of the risks associated with all current major acquisition programs, as that term is defined in section 2903(f).

“(b) Elements.—Each assessment under this subsection shall include, for each current major acquisition program, discussion of the following:

“(1) The top five current risks to such program.

“(2) Any failure of such program to demonstrate a key performance parameter or threshold during operational test and evaluation conducted during the 2 fiscal-year quarters preceding such assessment.

“(3) Whether there has been any decision in such 2 fiscal-year quarters to order full-rate production before all key performance parameters or thresholds are met.

“(4) Whether there has been any breach of major acquisition program cost (as defined by the Major Systems Acquisition Manual) in such 2 fiscal-year quarters.

“(5) Whether there has been any breach of major acquisition program schedule (as so defined) during such 2 fiscal-year quarters.”

(b)

Clerical Amendment.— The analysis at the beginning of such chapter is further amended by adding at the end the following:

“2906. Major acquisition program risk assessment.”.

(c)

Conforming Amendments.— Section 2903 of title 14, United States Code, is amended—

(1)

by striking subsection (f); and

(2)

by redesignating subsection (g) as subsection (f).

SEC. 3527. Marine Safety Implementation Status.

On the date on which the President submits to Congress a budget for fiscal year 2020 under section 1105 of title 31, and on such date for each of the 2 subsequent years, the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the status of implementation of each action outlined in the Commandant’s final action memo dated December 19, 2017.

SEC. 3528. Retirement of Vice Commandant.

(a)

In General.— Section 46 of title 14, United States Code, is amended—

(1)

in the section heading, by inserting “ or Vice Commandant” after “ Commandant”;

(2)

by redesignating subsection (a) as subsection (a)(1);

(3)

by adding at the end of subsection (a) the following:

“(2) A Vice Commandant who is not reappointed or appointed Commandant shall be retired with the grade of admiral at the expiration of the appointed term, except as provided in section 51(d).”

(4)

in subsections (b) and (c), by inserting “ or Vice Commandant” after “ Commandant” each place it appears; and

(5)

in subsection (c), by striking “ his” and inserting “ the officer’s”.

(b)

Conforming Amendment.— Section 51 of title 14, United States Code, is amended by striking “ other than the Commandant,” each place it appears and inserting “ other than the Commandant or Vice Commandant,”.

(c)

Clerical Amendment.— The analysis at the beginning of chapter 3 of title 14, United States Code, is amended by striking the item relating to section 46 and inserting the following:

“46. Retirement of Commandant or Vice Commandant.”.

SEC. 3529. Large Recreational Vessel Regulations.

(a)

In General.—

(1)

Issuance.— The Secretary of the department in which the Coast Guard is operating shall issue large recreational vessel regulations applicable to any recreational vessel (as defined in section 2101 of title 46, United States Code) over 300 gross tons as measured under section 14502 of such title, or an alternate tonnage measured under section 14302 of such title as prescribed by the Secretary under section 14104 of such title, that does not carry any cargo or passengers for hire.

(2)

Scope and content of regulations.— The regulations issued under this subsection—

(A)

subject to subparagraph (B), shall be comparable to the code set forth in Merchant Shipping Notice 1851(M) (commonly referred to as the “Large Commercial Yacht Code (LY3)”), as published by the Maritime and Coastguard Agency of the United Kingdom on August 20, 2013, or an equivalent code, regulation, or standard that is acceptable to the Secretary; and

(B)

shall require that, as part of the review of an application for documentation of a vessel that is subject to the regulations, the owner shall disclose to the Coast Guard—

(i)

the identification and place of residence of such owner; and

(ii)

if the owner is an entity described in paragraph (2), (3), or (4) of section 12103(b) of title 46, United States Code, the beneficial owners of such entity.

(3)

Deadline.— The Secretary shall issue regulations required by paragraph (1) by not later than one year after the date of the enactment of this Act.

(4)

Interim compliance.— Until the effective date of regulations issued under paragraph (1), a recreational vessel described in paragraph (1) shall not be subject to inspection under section 3301(7) of title 46, United States Code, if the Secretary determines, as part of the review of the application for documentation submitted for the vessel by the owner of the vessel and other materials as considered necessary by the Secretary, that the vessel complies with the code set forth in Merchant Shipping Notice 1851(M) (commonly referred to as the “Large Commercial Yacht Code (LY3)”), as published by the Maritime and Coastguard Agency of the United Kingdom on August 20, 2013, or an equivalent code, regulation, or standard that is acceptable to the Secretary.

(5)

Definitions.—

(A)

Beneficial owner.— In this subsection the term “beneficial owner”—

(i)

means, with respect to an entity, each natural person who, directly or indirectly—

(I)

exercises control over the entity through ownership interests, voting rights, agreements, or otherwise; or

(II)

has an interest in or receives substantial economic benefits from the assets of the entity; and

(ii)

does not include, with respect to an entity—

(I)

a minor child;

(II)

a person acting as a nominee, intermediary, custodian, or agent on behalf of another person;

(III)

a person acting solely as an employee of the entity and whose control over or economic benefits from the entity derives solely from the employment status of the person;

(IV)

a person whose only interest in the entity is through a right of inheritance, unless the person otherwise meets the definition of “beneficial owner” under this subparagraph; and

(V)

a creditor of the entity, unless the creditor otherwise meets the requirements of “beneficial owner” under this subparagraph.

(B)

Owner.— In this subsection, other than in subparagraph (A) of this paragraph, the term “owner” means the person who is the eligible owner of the vessel for purposes of section 12103(b) of title 46, United States Code.

(b)

Conforming Amendment.— Section 3302 of title 46, United States Code, is amended by adding at the end the following:

“(n)

(1) A seagoing motor vessel is not subject to inspection under section 3301(7) of this title if the vessel—

“(A) is a recreational vessel (as defined in section 2101 of this title) over 300 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title;

“(B) does not carry any cargo or passengers for hire; and

“(C) is found by the Secretary to comply with large recreational vessel regulations issued by the Secretary.

“(2) This subsection shall apply only on and after the effective date of regulations referred to in paragraph (1)(C).”

Subtitle C Coast Guard and Shipping Technical Corrections

CHAPTER 1 Coast Guard

SEC. 3531. Commandant Defined.

(a)

In General.— Chapter 1 of title 14, United States Code, is amended by adding at the end the following:

“§ 5. Commandant defined

“In this title, the term ‘Commandant’ means the Commandant of the Coast Guard.”

(b)

Clerical Amendment.— The analysis for chapter 1 of title 14, United States Code, is amended by adding at the end the following:

“5. Commandant defined.”.

(c)

Conforming Amendments.— Title 14, United States Code, is amended—

(1)

in section 58(a) by striking “ Commandant of the Coast Guard” and inserting “ Commandant”;

(2)

in section 101 by striking “ Commandant of the Coast Guard” and inserting “ Commandant”;

(3)

in section 693 by striking “ Commandant of the Coast Guard” and inserting “ Commandant”;

(4)

in section 672a(a) by striking “ Commandant of the Coast Guard” and inserting “ Commandant”;

(5)

in section 678(a) by striking “ Commandant of the Coast Guard” and inserting “ Commandant”;

(6)

in section 561(a) by striking “ Commandant of the Coast Guard” and inserting “ Commandant”;

(7)

in section 577(a) by striking “ Commandant of the Coast Guard” and inserting “ Commandant”;

(8)

in section 581—

(A)

by striking paragraph (4); and

(B)

by redesignating paragraphs (5) through (12) as paragraphs (4) through (11), respectively;

(9)

in section 200(a) by striking “ Commandant of the Coast Guard” and inserting “ Commandant”;

(10)

in section 196(b)(1) by striking “ Commandant of the Coast Guard” and inserting “ Commandant”;

(11)

in section 199 by striking “ Commandant of the Coast Guard” and inserting “ Commandant”;

(12)

in section 429(a)(1) by striking “ Commandant of the Coast Guard” and inserting “ Commandant”;

(13)

in section 423(a)(2) by striking “ Commandant of the Coast Guard” and inserting “ Commandant”;

(14)

in section 2702(5) by striking “ Commandant of the Coast Guard” and inserting “ Commandant”; and

(15)

in section 2902(a) by striking “ Commandant of the Coast Guard” and inserting “ Commandant”.

SEC. 3532. Training Course on Workings of Congress.

Section 60(d) of title 14, United States Code, is amended to read as follows:

“(d) Completion of Required Training.—A Coast Guard flag officer who is newly appointed or assigned to a billet in the National Capital Region, and a Coast Guard Senior Executive Service employee who is newly employed in the National Capital Region, shall complete a training course that meets the requirements of this section not later than 60 days after reporting for duty.”

SEC. 3533. Miscellaneous.

(a)

Secretary; General Powers.— Section 92 of title 14, United States Code, is amended by redesignating subsections (f) through (i) as subsections (e) through (h), respectively.

(b)

Commandant; General Powers.— Section 93(a)(21) of title 14, United States Code, is amended by striking “ section 30305(a)” and inserting “ section 30305(b)(7)”.

(c)

Enlisted Members.—

(1)

Department of the army and department of the air force.— Section 144(b) of title 14, United States Code, is amended by striking “ enlisted men” each place it appears and inserting “ enlisted members”.

(2)

Navy department.— Section 145(b) of title 14, United States Code, is amended by striking “ enlisted men” each place it appears and inserting “ enlisted members”.

(3)

Purchase of commissary and quartermaster supplies.— Section 4 of the Act of May 22, 1926 (44 Stat. 626, chapter 371; 33 U.S.C. 754a), is amended by striking “ enlisted men” and inserting “ enlisted members”.

(d)

Arctic Maritime Transportation.— Section 90(f) of title 14, United States Code, is amended by striking the question mark.

(e)

Long-Term Lease Authority for Lighthouse Property.— Section 672a(a) of title 14, United States Code, as amended by this Act, is further amended by striking “ Section 321 of chapter 314 of the Act of June 30, 1932 (40 U.S.C. 303b)” and inserting “ Section 1302 of title 40”.

(f)

Required Contract Terms.— Section 565 of title 14, United States Code, is amended—

(1)

in subsection (a) by striking “ awarded or issued by the Coast Guard after the date of enactment of the Coast Guard Authorization Act of 2010”; and

(2)

in subsection (b)(1) by striking “ after the date of enactment of the Coast Guard Authorization Act of 2010”.

(g)

Acquisition Program Baseline Breach.— Section 575(c) of title 14, United States Code, is amended by striking “ certification, with a supporting explanation, that” and inserting “ determination, with a supporting explanation, of whether”.

(h)

Enlistments; Term, Grade.— Section 351(a) of title 14, United States Code, is amended by inserting “ the duration of their” before “ minority”.

(i)

Members of the Auxiliary; Status.— Section 823a(b)(9) of title 14, United States Code, is amended by striking “ On or after January 1, 2001, section” and inserting “ Section”.

(j)

Use of Member’s Facilities.— Section 826(b) of title 14, United States Code, is amended by striking “ section 154 of title 23, United States Code” and inserting “ section 30102 of title 49”.

(k)

Availability of Appropriations.— Section 830(b) of title 14, United States Code, is amended by striking “ 1954” and inserting “ 1986”.

SEC. 3534. Department of Defense Consultation.

Section 566 of title 14, United States Code, is amended—

(1)

in subsection (b) by striking “ enter into” and inserting “ maintain”; and

(2)

by striking subsection (d).

SEC. 3535. Repeal.

Section 568 of title 14, United States Code, and the item relating to that section in the analysis for chapter 15 of that title, are repealed.

SEC. 3536. Mission Need Statement.

Section 569 of title 14, United States Code, is—

(1)

amended in subsection (a)—

(A)

by striking “ for fiscal year 2016” and inserting “ for fiscal year 2019”; and

(B)

by striking “ , on the date on which the President submits to Congress a budget for fiscal year 2019 under such section,”.

SEC. 3537. Continuation on Active Duty.

Section 290(a) of title 14, United States Code, is amended by striking “ Officers, other than the Commandant, serving” and inserting “ Officers serving”.

SEC. 3538. System Acquisition Authorization.

(a)

Requirement for Prior Authorization of Appropriations.— Section 2701(2) of title 14, United States Code, is amended by striking “ and aircraft” and inserting “ aircraft, and systems”.

(b)

Authorization of Appropriations.— Section 2702(2) of title 14, United States Code, is amended by striking “ and aircraft” and inserting “ aircraft, and systems”.

SEC. 3539. Inventory of Real Property.

Section 679 of title 14, United States Code, is amended—

(1)

in subsection (a) by striking “ Not later than September 30, 2015, the Commandant shall establish” and inserting “ The Commandant shall maintain”; and

(2)

by striking subsection (b) and inserting the following:

“(b) Updates.—The Commandant shall update information on each unit of real property included in the inventory required under subsection (a) not later than 30 days after any change relating to the control of such property.”

CHAPTER 2 Maritime Transportation

SEC. 3541. Definitions.

(a)

In General.—

(1)

Section 2101 of title 46, United States Code, is amended—

(A)

by inserting after paragraph (4) the following: “( ) ‘Commandant’ means the Commandant of the Coast Guard.”;

(B)

by striking the semicolon at the end of paragraph (14) and inserting a period; and

(C)

by redesignating the paragraphs of such section in order as paragraphs (1) through (54), respectively.

(2)

Section 3701 of title 46, United States Code, is amended by redesignating paragraphs (3) and (4) as paragraphs (2) and (3) respectively.

(b)

Conforming Amendments.—

(1)

Section 114(o)(3) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1383a(o)(3)) is amended—

(A)

by striking “ section 2101(11a)” and inserting “ section 2101(12)”; and

(B)

by striking “ section 2101(11b)” and inserting “ section 2101(13)”.

(2)

Section 3(3) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(3)), is amended by striking “ section 2101(21a)” and inserting “ section 2101(30)”.

(3)

Section 1992(d)(7) of title 18, United States Code, is amended by striking “ section 2101(22)” and inserting “ section 2101(31)”.

(4)

Section 12(c) of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1980b(c)) is amended by striking “ section 2101(11a)” and inserting “ section 2101(12)”.

(5)

Section 311(a)(26)(D) of the Federal Water Pollution Control Act (33 U.S.C. 1321(a)(26)(D)) is amended by striking “ section 2101(17a)” and inserting “ section 2101(23)”.

(6)

Section 2113(3) of title 46, United States Code, is amended by striking “ section 2101(42)(A)” and inserting “ section 2101(51)(A)”.

(7)

Section 2116(d)(1) of title 46, United States Code, is amended by striking “ Coast Guard Commandant” and inserting “ Commandant”.

(8)

Section 3202(a)(1)(A) of title 46, United States Code, is amended by striking “ section 2101(21)(A)” and inserting “ section 2101(29)(A)”.

(9)

Section 3507 of title 46, United States Code, is amended—

(A)

in subsection (k)(1), by striking “ section 2101(22)” and inserting “ section 2101(31)”; and

(B)

by striking subsection (l) and inserting the following:

“(l) Definition.—In this section and section 3508, the term ‘owner’ means the owner, charterer, managing operator, master, or other individual in charge of a vessel.”

(10)

Section 4105 of title 46, United States Code, is amended—

(A)

in subsection (b)(1), by striking “ section 2101(42)” and inserting “ section 2101(51)”; and

(B)

in subsection (c), by striking “ section 2101(42)(A)” and inserting “ section 2101(51)(A)”.

(11)

Section 6101(i)(4) of title 46, United States Code, is amended by striking “ of the Coast Guard”.

(12)

Section 7510(c)(1) of title 46, United States Code, is amended by striking “ Commandant of the Coast Guard” and inserting “ Commandant”.

(13)

Section 7706(a) of title 46, United States Code, is amended by striking “ of the Coast Guard”.

(14)

Section 8108(a)(1) of title 46, United States Code, is amended by striking “ of the Coast Guard”.

(15)

Section 12119(a)(3) of title 46, United States Code, is amended by striking “ section 2101(20)” and inserting “ section 2101(26)”.

(16)

Section 80302(d) of title 46, United States Code, is amended by striking “ of the Coast Guard” the first place it appears.

(17)

Section 1101 of title 49, United States Code, is amended by striking “ Section 2101(17a)” and inserting “ Section 2101(23)”.

SEC. 3542. Authority to Exempt Vessels.

(a)

In General.— Section 2113 of title 46, United States Code, is amended—

(1)

by adding “ and” after the semicolon at the end of paragraph (3); and

(2)

by striking paragraphs (4) and (5) and inserting the following:

“(4) maintain different structural fire protection, manning, operating, and equipment requirements for vessels that satisfied requirements set forth in the Passenger Vessel Safety Act of 1993 (Public Law 103–206) before June 21, 1994.”

(b)

Conforming Amendments.— Section 3306(i) of title 46, United States Code, is amended by striking “ section 2113(5)” and inserting “ section 2113(4)”.

SEC. 3543. Passenger Vessels.

(a)

Passenger Vessel Security and Safety Requirements.— Section 3507 of title 46, United States Code, is amended—

(1)

by striking subsection (a)(3);

(2)

in subsection (e)(2), by striking “ services confidential” and inserting “ services as confidential”; and

(3)

in subsection (i), by striking “ Within 6 months after the date of enactment of the Cruise Vessel Security and Safety Act of 2010, the Secretary shall issue” and insert “ The Secretary shall maintain”.

(b)

Crime Scene Preservation Training for Passenger Vessel Crewmembers.— Section 3508 of title 46, United States Code, is amended—

(1)

in subsection (a), by striking “ Within 1 year after the date of enactment of the Cruise Vessel Security and Safety Act of 2010, the” and inserting “ The”, and by striking “ develop” and inserting “ maintain”;

(2)

in subsection (c), by striking “ Beginning 2 years after the standards are established under subsection (b), no” and inserting “ No”;

(3)

by striking subsection (d) and redesignating subsections (e) and (f) as subsections (d) and (e), respectively; and

(4)

in subsection (e), as redesignated by paragraph (3), by striking “ subsection (e)” each place it appears and inserting “ subsection (d)”.

SEC. 3544. Tank Vessels.

(a)

Tank Vessel Construction Standards.— Section 3703a of title 46, United States Code, is amended—

(1)

in subsection (b), by striking paragraph (3) and redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively;

(2)

in subsection (c)(2)—

(A)

by striking “ that is delivered” and inserting “ that was delivered”;

(B)

by striking “ that qualifies” and inserting “ that qualified”; and

(C)

by striking “ after January 1, 2015,”;

(3)

in subsection (c)(3)—

(A)

by striking “ that is delivered” and inserting “ that was delivered”; and

(B)

by striking “ that qualifies” and inserting “ that qualified”;

(4)

by striking subsection (c)(3)(A) and inserting the following:

“(A) in the case of a vessel of at least 5,000 gross tons but less than 15,000 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104, if the vessel is 25 years old or older and has a single hull, or is 30 years old or older and has a double bottom or double sides;”

(5)

by striking subsection (c)(3)(B) and inserting the following:

“(B) in the case of a vessel of at least 15,000 gross tons but less than 30,000 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104, if the vessel is 25 years old or older and has a single hull, or is 30 years old or older and has a double bottom or double sides; and”

(6)

by striking subsection (c)(3)(C) and inserting the following:

“(C) in the case of a vessel of at least 30,000 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104, if the vessel is 23 years old or older and has a single hull, or is 28 years old or older and has a double bottom or double sides.”

; and

(7)

in subsection (e)—

(A)

in paragraph (1), by striking “ and except as otherwise provided in paragraphs (2) and (3) of this subsection”; and

(B)

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

(b)

Crude Oil Tanker Minimum Standards.— Section 3705 of title 46, United States Code, is amended—

(1)

in subsection (b)—

(A)

by striking paragraph (2);

(B)

by striking “ (1)”; and

(C)

by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and

(2)

in subsection (c), by striking “ before January 2, 1986, or the date on which the tanker reaches 15 years of age, whichever is later”.

(c)

Product Carrier Minimum Standards.— Section 3706(d) of title 46, United States Code, is amended by striking “ before January 2, 1986, or the date on which it reaches 15 years of age, whichever is later”.

(d)

Definition.— Section 1001(32)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 2701(32)(A)) is amended by striking “ (other than a vessel described in section 3703a(b)(3) of title 46, United States Code)”.

SEC. 3545. Grounds for Denial or Revocation.

(a)

Dangerous Drugs as Grounds for Denial.— Section 7503 of title 46, United States Code, is amended to read as follows:

“§ 7503. Dangerous drugs as grounds for denial

“A license, certificate of registry, or merchant mariner’s document authorized to be issued under this part may be denied to an individual who—

“(1) within 10 years before applying for the license, certificate, or document, has been convicted of violating a dangerous drug law of the United States or of a State; or

“(2) when applying, has ever been a user of, or addicted to, a dangerous drug unless the individual provides satisfactory proof that the individual is cured.”

(b)

Dangerous Drugs as Grounds for Revocation.— Section 7704 of title 46, United States Code, is amended by redesignating subsections (b) and (c) as subsections (a) and (b), respectively.

SEC. 3546. Miscellaneous Corrections to Title 46, U.s.c.

(a)

Section 2110 of title 46, United States Code, is amended by striking subsection (k).

(b)

Section 2116(c) of title 46, United States Code, is amended by striking “ Beginning with fiscal year 2011 and each fiscal year thereafter, the” and inserting “ The”.

(c)

Section 3302(g)(2) of title 46, United States Code, is amended by striking “ After December 31, 1988, this” and inserting “ This”.

(d)

Section 6101(j) of title 46, United States Code, is amended by striking “ , as soon as possible, and no later than January 1, 2005,”.

(e)

Section 7505 of title 46, United States Code, is amended by striking “ section 206(b)(7) of the National Driver Register Act of 1982 (23 U.S.C. 401 note)” and inserting “ section 30305(b)(7) of title 49”.

(f)

Section 7702(c)(1) of title 46, United States Code, is amended by striking “ section 206(b)(4) of the National Driver Register Act of 1982 (23 U.S.C. 401 note)” and inserting “ section 30305(b)(7) of title 49”.

(g)

Section 8106(f) of title 46, United States Code, is amended by striking paragraph (3) and inserting the following:

“(3) Continuing violations.—The maximum amount of a civil penalty for a violation under this subsection shall be $100,000.”

(h)

Section 8703 of title 46, United States Code, is amended by redesignating subsection (c) as subsection (b).

(i)

Section 11113 of title 46, United States Code, is amended—

(1)

in subsection (a)(4)(A) by striking “ paragraph (2)” and inserting “ paragraph (3)”; and

(2)

in subsection (c)(2)(B)—

(A)

by striking “ section 2(9)(a)” and inserting “ section 2(a)(9)(A)”; and

(B)

by striking “ 33 U.S.C. 1901(9)(a)” and inserting “ 33 U.S.C. 1901(a)(9)(A)”.

(j)

Section 12113(d)(2)(C)(iii) of title 46, United States Code, is amended by striking “ 118 Stat. 2887)” and inserting “ 118 Stat. 2887))”.

(k)

Section 13107(c)(2) of title 46, United States Code, is amended by striking “ On and after October 1, 2016, no” and inserting “ No”.

(l)

Section 31322(a)(4)(B) of title 46, United States Code, is amended by striking “ state” and inserting “ State”.

(m)

Section 52101(d) of title 46, United States Code, is amended by striking “ (50 App. U.S.C. 459(a))” and inserting “ (50 U.S.C. 3808(a))”.

(n)

The analysis for chapter 531 of title 46, United States Code, is amended by striking the item relating to section 53109:

(o)

Section 53106(a)(1) of title 46, United States Code, is amended by striking subparagraphs (A), (B), (C), and (D), and by redesignating subparagraphs (E), (F), and (G) as subparagraphs (A), (B), and (C), respectively.

(p)

Section 53111 of title 46, United States Code, is amended by striking paragraphs (1) through (4), and by redesignating paragraphs (5), (6), and (7) as paragraphs (1), (2), and (3), respectively.

(q)

Section 53501 of title 46, United States Code, is amended—

(1)

in paragraph (5)(A)(iii), by striking “ transportation trade trade or” and inserting “ transportation trade or”;

(2)

by redesignating paragraph (8) as paragraph (9);

(3)

by striking the second paragraph (7) (relating to the definition of “ United States foreign trade”); and

(4)

by inserting after the first paragraph (7) the following:

“(8) United states foreign trade.—The term ‘United States foreign trade’ includes those areas in domestic trade in which a vessel built with a construction-differential subsidy is allowed to operate under the first sentence of section 506 of the Merchant Marine Act, 1936.”

(r)

Section 54101(f) of title 46, United States Code, is amended by striking paragraph (2) and inserting the following:

“(2) Minimum standards for payment or reimbursement.—Each application submitted under paragraph (1) shall include a comprehensive description of—

“(A) the need for the project;

“(B) the methodology for implementing the project; and

“(C) any existing programs or arrangements that can be used to supplement or leverage assistance under the program.”

(s)

Section 55305(d)(2)(D) of title 46, United States Code, is amended by striking “ 421(c)(1)” and inserting “ 1303(a)(1))”.

(t)

The analysis for chapter 575 of title 46, United States Code, is amended in the item relating to section 57533 by adding a period at the end.

(u)

Section 57532(d) of title 46, United States Code, is amended by striking “ (50 App. U.S.C. 1291(a), (c), 1293(c), 1294)” and inserting “ (50 U.S.C. 4701(a), (c), 4703(c), and 4704)”.

(v)

Section 60303(c) of title 46, United States Code, is amended in by striking “ Subsection (a) section does” and inserting “ Subsection (a) does”.

SEC. 3547. Miscellaneous Corrections to Oil Pollution Act of 1990.

(a)

Section 2 of the Oil Pollution Act of 1990 (33 U.S.C. 2701 note) is amended by—

(1)

inserting after the item relating to section 5007 the following:

“Sec. 5008. North Pacific Marine Research Institute.”.

(2)

striking the item relating to section 6003.

(b)

Section 1003(d)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2703(d)(5)) is amended by inserting “ section” before “ 1002(a)”.

(c)

Section 1004(d)(2)(C) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(d)(2)(C)) is amended by striking “ under this subparagraph (A)” and inserting “ under subparagraph (A)”.

(d)

Section 4303 of the Oil Pollution Act of 1990 (33 U.S.C. 2716a) is amended—

(1)

in subsection (a), by striking “ subsection (c)(2)” and inserting “ subsection (b)(2)”; and

(2)

in subsection (b), by striking “ this section 1016” and inserting “ section 1016”.

(e)

Section 5002(l)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 2732(l)(2)) is amended by striking “ General Accounting Office” and inserting “ Government Accountability Office”.

SEC. 3548. Miscellaneous Corrections.

(a)

Section 1 of the Act of June 15, 1917 (chapter 30; 50 U.S.C. 191), is amended by striking “ the Secretary of the Treasury” and inserting “ the Secretary of the department in which the Coast Guard is operating”.

(b)

Section 5(b) of the Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, popularly known as the Bridge Act of 1906 (chapter 1130; 33 U.S.C. 495(b)), is amended by striking “ $5,000 for a violation occurring in 2004; $10,000 for a violation occurring in 2005; $15,000 for a violation occurring in 2006; $20,000 for a violation occurring in 2007; and”.

(c)

Section 5(f) of the Act to Prevent Pollution from Ships (33 U.S.C. 1904(f)) is amended to read as follows:

“(f) Ship Clearance; Refusal or Revocation.—If a ship is under a detention order under this section, the Secretary may refuse or revoke the clearance required by section 60105 of title 46, United States Code.”