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

115th Congress · Approved Dec 12, 2017 · 131 Stat. 1283

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 2018 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in division D.

(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 18–D–150, Surplus Plutonium Disposition, Savannah River Site, Aiken, South Carolina, $9,000,000. Project 18–D–620, Exascale Computing Facility Modernization Project, Lawrence Livermore National Laboratory, Livermore, California, $3,000,000. Project 18–D–650, Tritium Production Capability, Savannah River Site, Aiken, South Carolina, $6,800,000. Project 18–D–660, Fire Station, Y–12 National Security Complex, Oak Ridge, Tennessee, $28,000,000. Project 18–D–670, Exascale Class Computer Cooling Equipment, Los Alamos National Laboratory, Los Alamos, New Mexico, $22,000,000. Project 18–D–680, Material Staging Facility, Pantex Plant, Amarillo, Texas, $5,200,000.

(c)

Modification of Authority to Carry Out Albuquerque Complex Upgrades Construction Project.—

(1)

In general.— The Administrator for Nuclear Security may enter into an incrementally funded contract for Project 16–D–515, the Albuquerque Complex upgrades construction project, Albuquerque, New Mexico.

(2)

Limitation.— The total cost for the Albuquerque Complex upgrades construction project may not exceed $174,700,000.

(3)

Funding of increments.—

(A)

Increment 1.— The amount authorized to be appropriated by section 3101 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2754) for fiscal year 2017 and available for Project 16–D–515 as specified in the funding table in section 4701 of that Act (Public Law 114–328; 130 Stat. 2890) shall be deemed to be an amount authorized to be appropriated for increment 1 of the Albuquerque Complex upgrades construction project.

(B)

Increment 2.— The amount authorized to be appropriated by this section for fiscal year 2018 and available for Project 16–D–515 as specified in the funding table in division D shall be available for increment 2 of the Albuquerque Complex upgrades construction project.

SEC. 3102. Defense Environmental Cleanup.

(a)

In General.— Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2018 for defense environmental cleanup activities in carrying out programs as specified in the funding table in division D.

(b)

SEC. 3103. Other Defense Activities.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2018 for other defense activities in carrying out programs as specified in the funding table in division D.

SEC. 3104. Nuclear Energy.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2018 for nuclear energy as specified in the funding table in division D.

Subtitle B Program Authorizations, Restrictions, and Limitations

SEC. 3111. Nuclear Security Enterprise Infrastructure Modernization Initiative.

(a)

Findings.— Congress finds the following:

(1)

On September 7, 2016, during testimony before the Subcommittee on Strategic Forces of the Committee on Armed Services of the House of Representatives—

(A)

the Administrator for Nuclear Security, Frank Klotz, said—

(i)

“Our infrastructure is extensive, complex, and, in many critical areas, several decades old. More than half of NNSA’s approximately 6,000 real property assets are over 40 years old, and nearly 30 percent date back to the Manhattan Project era. Many of the enterprise’s critical utility, safety, and support systems are failing at an increasing and unpredictable rate, which poses both programmatic and safety risk.”; and

(ii)

“I can think of no greater threat to the nuclear security enterprise than the state of NNSA’s infrastructure.”;

(B)

the President and Chief Executive Officer of Consolidated Nuclear Security, Morgan Smith, said, “Many key facilities at both [Pantex and Y–12] were constructed in the 1940s and were intended to operate for as little as one decade. Many facilities and their supporting infrastructure have exceeded or far exceeded their expected life, and major systems within the facilities are beginning to fail.”; and

(C)

the Director of Los Alamos National Laboratory, Dr. Charlie McMillan, said, “One of the things that keeps me up at night is the realization that essential capabilities are held at risk by the possibility of such failures; in many cases, our enterprise has a single point of failure.”.

(2)

In a letter sent on December 23, 2015, by the Secretary of Energy, Ernest Moniz, to the Director of the Office of Management and Budget, Shaun Donovan, the Secretary said, “A majority of the National Nuclear Security Administration’s (NNSA) facilities and systems are well beyond end-of-life.... Infrastructure problems such as falling ceilings are increasing in frequency and severity, unacceptably risking the safety and security of both personnel and material at NNSA facilities, as well as in some instances, potential offsite risks. The entire complex could be placed at risk if there is a single failure where a single point would disrupt a critical link in infrastructure.”.

(3)

The Nuclear Posture Review published in April 2010 stated that “In order to sustain a safe, secure, and effective U.S. nuclear stockpile as long as nuclear weapons exist, the United States must possess a modern physical infrastructure.... Today’s nuclear complex, however, has fallen into neglect. Although substantial science, technology, and engineering investments were made over the last decade under the auspices of the Stockpile Stewardship Program, the complex still includes many oversized and costly-to maintain facilities built during the 1940s and 1950s. Some facilities needed for working with plutonium and uranium date back to the Manhattan Project. Safety, security, and environmental issues associated with these aging facilities are mounting, as are the costs of addressing them.”.

(4)

In 2009, the bipartisan Congressional Commission on the Strategic Posture of the United States established by section 1062 of the National Defense Authorization for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 319) stated, with regards to key production facilities, that “existing facilities are genuinely decrepit and are maintained in a safe and secure manner only at high cost”.

(5)

Previous efforts to address the deferred maintenance and repair challenges within the nuclear security enterprise, such as the Facilities Infrastructure and Recapitalization Program and the recent halt in the growth of backlog metrics, are laudable but insufficient for the magnitude of the problem.

(6)

Recent figures provided by the Administrator for Nuclear Security estimate the backlog of deferred maintenance and repair needs of the nuclear security enterprise to be approximately $3,700,000,000.

(b)

Infrastructure Modernization Initiative.—

(1)

Establishment.— Not later than 30 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall establish and carry out a program, to be known as the “Infrastructure Modernization Initiative”, to reduce the backlog of deferred maintenance and repair needs of the nuclear security enterprise (as defined in section 4002(6) of the Atomic Energy Defense Act (50 U.S.C. 2501(6))). In carrying out that program, the Administrator shall establish and execute infrastructure modernization milestones that reduce the deferred maintenance and repair needs of the nuclear security enterprise by not less than 30 percent by 2025.

(2)

Authorities.—

(A)

Process.—

(i)

In general.— The Secretary of Energy shall provide to the Administrator a process that will enhance or streamline the ability of the Administrator to carry out the program under paragraph (1) in an efficient and effective manner, including with respect to—

(I)

the demolition or construction of non-nuclear facilities of the Administration that have a total estimated project cost of less than $100,000,000; and

(II)

the decontamination, decommissioning, and demolition (to be performed in accordance with applicable health and safety standards used by the Defense Environmental Cleanup Program) of process-contaminated facilities of the Administration that have a total estimated project cost of less than $50,000,000.

(ii)

Funding.— Clause (i) may be carried out using amounts authorized to be appropriated for fiscal year 2018 or any subsequent fiscal year.

(B)

Application of certain requirements.— For purposes of the Management Procedures Memorandum 2015–01 of the Office of Management and Budget, or a successor memorandum, in carrying out the program under paragraph (1), the Administrator may—

(i)

perform new construction during a fiscal year that differs from the fiscal year of corresponding facility demolition;

(ii)

perform demolition of different facility category codes and have that demolition credit count towards the construction of new facilities with a different facility category code; and

(iii)

have the net reduction in infrastructure footprint for the five fiscal years prior to the date of the enactment of this Act, and the demolition during the five fiscal years following such date of enactment, considered as a factor for the purpose of meeting the intent of such memorandum.

(3)

Initial plan.— Not later than March 1, 2018, the Administrator shall submit to the congressional defense committees an initial plan to carry out the program under paragraph (1) to achieve the goal specified in such paragraph. Such plan shall include—

(A)

the funding required to carry out the program during the period covered by the future-years nuclear security program under section 3253 of the National Nuclear Security Administration Act (50 U.S.C. 2453);

(B)

the criteria for selecting and prioritizing projects within the program under paragraph (1);

(C)

mechanisms for ensuring the robust management and oversight of such projects;

(D)

a description of the process provided to the Administrator to carry out the program pursuant to paragraph (2)(A); and

(E)

a description of any legislative actions the Administrator recommends to further enhance or streamline authorities or processes relating to the program.

(4)

Reassessment.— Not later than February 1, 2024, the Administrator shall reassess the program under paragraph (1) and, as appropriate, develop and establish goals for the program beyond 2025.

(c)

Inclusion in Biennial Detailed Report.— Section 4203(d)(4) of the Atomic Energy Defense Act (50 U.S.C. 2523(d)(4)) is amended—

(1)

in subparagraph (B), by striking “ ; and” and inserting a semicolon;

(2)

in subparagraph (C), by striking the period at the end and inserting “ ; and”; and

(3)

by adding at the end the following new subparagraph:

“(D)

(i) a description of—

“(I) the metrics (based on industry best practices) used by the Administrator to determine the infrastructure deferred maintenance and repair needs of the nuclear security enterprise; and

“(II) the percentage of replacement plant value being spent on maintenance and repair needs of the nuclear security enterprise; and

“(ii) an explanation of whether the annual spending on such needs complies with the recommendation of the National Research Council of the National Academies of Sciences, Engineering, and Medicine that such spending be in an amount equal to four percent of the replacement plant value, and, if not, the reasons for such noncompliance and a plan for how the Administrator will ensure facilities of the nuclear security enterprise are being properly sustained.”

(d)

Requirements Relating to Critical Decisions.—

(1)

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

“SEC. 4715. MATTERS RELATING TO CRITICAL DECISIONS.

“(a) Post-critical Decision 2 Changes.—After the date on which a plant project specifically authorized by law and carried out under Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets), or a successor order, achieves critical decision 2, the Administrator may not change the requirements for such project if such change increases the cost of such project by more than the lesser of $5,000,000 or 15 percent, unless—

“(1) the Administrator submits to the congressional defense committees—

“(A) a certification that the Administrator, without delegation, authorizes such proposed change; and

“(B) a cost-benefit and risk analysis of such proposed change, including with respect to—

“(i) the effects of such proposed change on the project cost and schedule; and

“(ii) any mission risks and operational risks from making such change or not making such change; and

“(2) a period of 15 days elapses following the date of such submission.

“(b) Review and Approval.—The Administrator shall ensure that critical decision packages are timely reviewed and either approved or disapproved.”

(2)

Clerical amendment.— The table of contents at the beginning of such Act is amended by inserting after the item relating to section 4714 the following new item:

“Sec. 4715. Matters relating to critical decisions.”.

(e)

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

(1)

the nuclear security enterprise, comprised of the infrastructure and capabilities of the laboratories and plants coupled with the dedicated and talented scientists, engineers, technicians, and administrators who form the backbone of the enterprise, are a central component of the nuclear deterrent of the United States;

(2)

if left unaddressed, the state of the infrastructure within the nuclear security enterprise represents a direct, long-term threat to the credibility of the nuclear deterrent of the United States;

(3)

both Congress and the President must take strong, sustained action to recapitalize and repair this infrastructure;

(4)

the Administrator must continue to carry out expeditious demolition of old facilities of the Administration to reduce long-term costs and improve safety; and

(5)

each budget of the President submitted to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2019 and each fiscal year thereafter should include funding in an amount sufficient to carry out the program established pursuant to subsection (b)(1) to achieve the goal specified in such subsection.

SEC. 3112. Incorporation of Integrated Surety Architecture in Transportation.

(a)

Incorporation.— Subtitle A of title XLII of the Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is amended by adding at the end the following new section:

“SEC. 4222. INCORPORATION OF INTEGRATED SURETY ARCHITECTURE.

“(a) Shipments.—

(1) The Administrator shall ensure that shipments described in paragraph (2) incorporate surety technologies relating to transportation and shipping developed by the Integrated Surety Architecture program of the Administration.

“(2) A shipment described in this paragraph is an over-the-road shipment of the Administration that involves any nuclear weapon planned to be in the active stockpile after 2025.

“(b) Certain Programs.—

(1) The Administrator, in coordination with the Chairman of the Nuclear Weapons Council, shall ensure that each program described in paragraph (2) incorporates integrated designs compatible with the Integrated Surety Architecture program.

“(2) A program described in this subsection is a program of the Administration that is a warhead development program, a life extension program, or a warhead major alteration program.

“(c) Determination.—

(1) If, on a case-by-case basis, the Administrator determines that a shipment under subsection (a) will not incorporate some or all of the surety technologies described in such subsection, or that a program under subsection (b) will not incorporate some or all of the integrated designs described in such subsection, the Administrator shall submit such determination to the congressional defense committees, including the results of an analysis conducted pursuant to paragraph (2).

“(2) Each determination made under paragraph (1) shall be based on a documented, system risk analysis that considers security risk reduction, operational impacts, and technical risk.

“(d) Termination.—The requirements of subsections (a) and (b) shall terminate on December 31, 2029.”

(b)

Clerical Amendment.— The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4221 the following new item:

“Sec. 4222. Incorporation of integrated surety architecture.”.

SEC. 3113. Cost Estimates for Life Extension Program and Major Alteration Projects.

Section 4217(b) of the Atomic Energy Defense Act (50 U.S.C. 2537(b)) is amended to read as follows:

“(b) Independent Cost Estimates and Reviews.—

(1) The Secretary, acting through the Administrator, shall submit to the congressional defense committees and the Nuclear Weapons Council the following:

“(A) An independent cost estimate of the following:

“(i) Each nuclear weapon system undergoing life extension at the completion of phase 6.2A, relating to design definition and cost study.

“(ii) Each nuclear weapon system undergoing life extension at the completion of phase 6.3, relating to development engineering.

“(iii) Each nuclear weapon system undergoing life extension at the completion of phase 6.4, relating to production engineering, and before the initiation of phase 6.5, relating to first production.

“(iv) Each new nuclear facility within the nuclear security enterprise that is estimated to cost more than $500,000,000 before such facility achieves critical decision 1 and before such facility achieves critical decision 2 in the acquisition process.

“(v) Each nuclear weapons system undergoing a major alteration project (as defined in section 4713(a)(2)).

“(B) An independent cost review of each nuclear weapon system undergoing life extension at the completion of phase 6.2, relating to study of feasibility and down-select.

“(2) Each independent cost estimate and independent cost review under paragraph (1) shall include—

“(A) whether the cost baseline or the budget estimate for the period covered by the future-years nuclear security program has changed, and the rationale for any such change; and

“(B) any views of the Secretary or the Administrator regarding such estimate or review.

“(3) The Administrator shall review and consider the results of any independent cost estimate or independent cost review of a nuclear weapon system or a nuclear facility, as the case may be, under this subsection before entering the next phase of the development process of such system or the acquisition process of such facility.

“(4) Except as otherwise specified in paragraph (1), each independent cost estimate or independent cost review of a nuclear weapon system or a nuclear facility under this subsection shall be submitted not later than 30 days after the date on which—

“(A) in the case of a nuclear weapons system, such system completes a phase specified in such paragraph; or

“(B) in the case of a nuclear facility, such facility achieves critical decision 1 as specified in subparagraph (A)(iv) of such paragraph.

“(5) Each independent cost estimate or independent cost review submitted under this subsection shall be submitted in unclassified form, but may include a classified annex if necessary.”

SEC. 3114. Improved Information Relating to Certain Defense Nuclear Nonproliferation Programs.

(a)

Improved Information.— Title XLIII of the Atomic Energy Defense Act (50 U.S.C. 2563 et seq.) is amended by adding at the end the following new section:

“SEC. 4310. INFORMATION RELATING TO CERTAIN DEFENSE NUCLEAR NONPROLIFERATION PROGRAMS.

“(a) Technologies and Capabilities.—The Administrator shall document, for efforts that are not focused on basic research, the technologies and capabilities of the defense nuclear nonproliferation research and development program that—

“(1) are transitioned to end users for further development or deployment; and

“(2) are deployed.

“(b) Assessments of Status.—

(1) In assessing projects under the defense nuclear nonproliferation research and development program or the defense nuclear nonproliferation and arms control program, the Administrator shall compare the status of each such project, including with respect to the final results of such project, to the baseline targets and goals established in the initial project plan of such project.

“(2) The Administrator may carry out paragraph (1) using a common template or such other means as the Administrator determines appropriate.”

(b)

Inclusion in Plan.— Section 4309(b) of such Act (50 U.S.C. 2575(b)) is amended—

(1)

by redesignating paragraph (16) as paragraph (18); and

(2)

by inserting after paragraph (15) the following new paragraphs:

“(16) A summary of the technologies and capabilities documented under section 4310(a).

“(17) A summary of the assessments conducted under section 4310(b)(1).”

(c)

Clerical Amendment.— The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4309 the following new item:

“Sec. 4310. Information relating to certain defense nuclear nonproliferation programs.”.

SEC. 3115. Research and Development of Advanced Naval Reactor Fuel Based on Low-Enriched Uranium.

(a)

Prohibition on Availability of Funds for Fiscal Year 2018.—

(1)

Research and development.— Except as provided by paragraph (2), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2018 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.

(2)

Exception.— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2018 for defense nuclear nonproliferation, as specified in the funding table in division D—

(A)

$5,000,000 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; and

(B)

if the Secretary of Energy and the Secretary of the Navy determine under section 3118(c)(1) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1196) that such low-enriched uranium activities and research and development should continue, an additional $30,000,000 may be made available to the Deputy Administrator for such purpose.

(b)

Prohibition on Availability of Funds Regarding Certain Accounts and Purposes.—

(1)

Research and development and procurement.— Chapter 633 of title 10, United States Code, is amended by adding at the end the following new section:

“§ 7319. Requirements for availability of funds relating to advanced naval nuclear fuel systems based on low-enriched uranium

“(a) Authorization.—Low-enriched uranium activities may only be carried out using funds authorized to be appropriated or otherwise made available for the Department of Energy for atomic energy defense activities for defense nuclear nonproliferation.

“(b) Prohibition Regarding Certain Accounts.—

(1) None of the funds described in paragraph (2) may be obligated or expended to carry out low-enriched uranium activities.

“(2) The funds described in this paragraph are funds authorized to be appropriated or otherwise made available for any fiscal year for any of the following accounts:

“(A) Shipbuilding and conversion, Navy, or any other account of the Department of Defense.

“(B) Any account within the atomic energy defense activities of the Department of Energy other than defense nuclear nonproliferation, as specified in subsection (a).

“(3) The prohibition in paragraph (1) may not be superseded except by a provision of law that specifically supersedes, repeals, or modifies this section. A provision of law, including a table incorporated into an Act, that appropriates funds described in paragraph (2) for low-enriched uranium activities may not be treated as specifically superseding this section unless such provision specifically cites to this section.

“(c) Low-enriched Uranium Activities Defined.—In this section, the term ‘low-enriched uranium activities’ means the following:

“(1) Planning or carrying out research and development of an advanced naval nuclear fuel system based on low-enriched uranium.

“(2) Procuring ships that use low-enriched uranium in naval nuclear propulsion reactors.”

(2)

Clerical amendment.— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

“7319. Requirements for availability of funds relating to advanced naval nuclear fuel systems based on low-enriched uranium.”.

(c)

Reports.—

(1)

SSN(x) submarine.— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy and the Deputy Administrator for Naval Reactors shall jointly submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the cost and timeline required to assess the feasibility, costs, and requirements for a design of the Virginia-class replacement nuclear attack submarine that would allow for the use of a low-enriched uranium fueled reactor, if technically feasible, without changing the diameter of the submarine.

(2)

Research and development.— Not later than 60 days after the date of the enactment of this Act, the Deputy Administrator for Naval Reactors shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on—

(A)

the planned research and development activities on low-enriched uranium and highly enriched uranium fuel that could apply to the development of a low-enriched uranium fuel or an advanced highly enriched uranium fuel; and

(B)

with respect to such activities for each such fuel—

(i)

the costs associated with such activities; and

(ii)

a detailed proposal for funding such activities.

SEC. 3116. National Nuclear Security Administration Pay and Performance System.

(a)

Pay Adjustment Demonstration Project.—

(1)

Extension.— The Administrator for Nuclear Security shall carry out the pay banding and performance-based pay adjustment demonstration project of the National Nuclear Security Administration authorized under section 4703 of title 5, United States Code, until the date that is 10 years after the date of the enactment of this Act.

(2)

Modifications.— In carrying out the demonstration project described in paragraph (1), the Administrator—

(A)

may, subject to subparagraph (B), revise the requirements and limitations of the demonstration project to the extent necessary; and

(B)

shall—

(i)

ensure that the demonstration project is carried out in a manner consistent with the plan for the demonstration project published in the Federal Register on December 21, 2007 (72 Fed. Reg. 72776);

(ii)

ensure that significant changes in the demonstration project not take effect until revisions, as necessary and applicable, to the plan for the demonstration project are approved by the Office of Personnel Management and published in the Federal Register;

(iii)

ensure that procedural modifications or clarifications to the plan for the demonstration project be made through local notification processes;

(iv)

authorize, and establish incentives for, employees of the National Nuclear Security Administration to have rotational assignments among different programs of the Administration, the headquarters and field offices of the Administration, and the management and operating contractors of the Administration; and

(v)

establish requirements for employees of the Administration who are in the demonstration project described in paragraph (1) to be promoted to senior-level positions in the Administration, including requirements with respect to—

(I)

professional training and continuing education; and

(II)

a certain number and types of rotational assignments under clause (iv), as determined by the Administrator.

(3)

Application to naval nuclear propulsion program.— The Director of the Naval Nuclear Propulsion Program established pursuant to section 4101 of the Atomic Energy Defense Act (50 U.S.C. 2511) and section 3216 of the National Nuclear Security Administration Act (50 U.S.C. 2406) may, with the concurrence of the Secretary of the Navy, apply the demonstration project described in paragraph (1) to—

(A)

all employees of the Naval Nuclear Propulsion Program in the competitive service (as defined in section 2102 of title 5, United States Code); and

(B)

all employees of the Department of Navy who are assigned to the Naval Nuclear Propulsion Program and are in the excepted service (as defined in section 2103 of title 5, United States Code) (other than such employees in statutory excepted service systems).

(b)

Rotations for Certain Contractors.—

(1)

Increased use.— The Administrator for Nuclear Security shall increase the use of rotational assignments of employees of the management and operating contractors of the National Nuclear Security Administration to the headquarters of the Administration, the Department of Defense and the military departments, the intelligence community, and other departments and agencies of the Federal Government.

(2)

Methods.— The Administrator shall carry out paragraph (1) by—

(A)

establishing incentives for—

(i)

the management and operating contractors of the Administration and the employees of such contractors to participate in rotational assignments; and

(ii)

the departments and agencies of the Federal Government specified in such paragraph to facilitate such assignments;

(B)

providing professional and leadership development opportunities during such assignments;

(C)

using details and other applicable authorities and programs, including the mobility program under subchapter VI of chapter 33 of title 5, United States Code (commonly referred to as the “Intergovernmental Personnel Act Mobility Program”); and

(D)

taking such other actions as the Administrator determines appropriate to increase the use of such rotational assignments.

(c)

Red-team Analysis.—

(1)

Analysis.— The Director for Cost Estimating and Program Evaluation of the National Nuclear Security Administration shall carry out a red-team analysis of the Federal employee staffing structure of the Administration with respect to the Administrator for Nuclear Security meeting the authorized personnel levels under section 3241A of the National Nuclear Security Administration Act (50 U.S.C. 2441a).

(2)

Matters included.— The analysis under paragraph (1) shall include assessments of—

(A)

the number of Federal employees within each program of the Administration, and whether such numbers are appropriately balanced with respect to the size, scope, functions, budgets, and risks, of the program; and

(B)

the number of Senior Executive Service positions (as defined in section 3132(a) of title 5, United States Code) within the Administration, including a comparison of such number to other comparable departments and agencies of the Federal Government, and whether such number is appropriate.

(d)

Briefings.—

(1)

In general.— Not later than 180 days after the date of the enactment of this Act—

(A)

the Administrator shall provide a briefing to the appropriate congressional committees on the implementation of—

(i)

section 3248 of the National Nuclear Security Administration Act, as added by subsection (a); and

(ii)

subsection (b); and

(B)

the Director for Cost Estimating and Program Evaluation shall provide to such committees a briefing on the analysis under subsection (c).

(2)

Appropriate congressional committees defined.— In this subsection, the term “appropriate congressional committees” means—

(A)

the congressional defense committees;

(B)

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

(C)

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

SEC. 3117. Budget Requests and Certification Regarding Nuclear Weapons Dismantlement.

Section 3125 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2766) is amended—

(1)

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

(2)

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

“(d) Budget Requests.—The Administrator for Nuclear Security shall ensure that the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code, for each of fiscal years 2019 through 2021 includes amounts for the nuclear weapons dismantlement and disposition activities of the National Nuclear Security Administration in accordance with the limitation in subsection (a).

“(e) Certification.—Not later than February 1, 2018, the Administrator shall certify to the congressional defense committees that the Administrator is carrying out the nuclear weapons dismantlement and disposition activities of the Administration in accordance with the limitations in subsections (a) and (b).”

SEC. 3118. Nuclear Warhead Design Competition.

(a)

Findings.— Congress finds the following:

(1)

In January 2016, the co-chairs of a congressionally mandated study panel from the National Academies of Science testified to the following before the Committee on Armed Services of the House of Representatives:

(A)

“The National Nuclear Security Administration (NNSA) complex must engage in robust design competitions in order to exercise the design and production skills that underpin stockpile stewardship and are necessary to meet evolving threats.”.

(B)

“To exercise the full set of design skills necessary for an effective nuclear deterrent, the NNSA should develop and conduct the first in what the committee envisions to be a series of design competitions that integrate the full end-to-end process from novel design conception through engineering, building, and non‐nuclear testing of a prototype.”.

(2)

In March 2016 testimony before the Committee on Armed Services of the House of Representatives regarding a December 2016 Defense Science Board report entitled, “Seven Defense Priorities for the New Administration”, members of that Board said the following:

(A)

“A key contributor to nuclear deterrence is the continuous, adaptable exercise of the development, design, and production functions for nuclear weapons in both the DOD and DOE.... Yet the DOE laboratories and DOD contractor community have done little integrated design and development work outside of life extension for 25 years, let alone concept development that could serve as a hedge to surprise.”.

(B)

“The Defense Science Board believes that the triad’s complementary features remain robust tenets for the design of a future force. Replacing our current, aging force is essential, but not sufficient in the more complex nuclear environment we now face to provide the adaptability or flexibility to confidently hold at risk what adversaries value. In particular, if the threat evolves in ways that favorably change the cost/benefit calculus in the view of an adversary’s leadership, then we should be in a position to quickly restore a credible deterrence posture.”.

(3)

In a memorandum dated May 9, 2014, then-Secretary of Energy Ernie Moniz said the following:

(A)

“If nuclear military capabilities are to provide deterrence for the nation they need to be relevant to the emerging global strategic environment. The current stockpile was designed to meet the needs of a bipolar world with roots in the Cold War era. A more complex, chaotic, and dynamic security environment is emerging. In order to uphold the Department’s mission to ensure an effective nuclear deterrent.... we must ensure our nuclear capabilities meet the challenges of known and potential geopolitical and technological trends. Therefore we must look ahead, using the expertise of our laboratories, to how the capabilities that may be employed by other nations could impact deterrence over the next several decades.”.

(B)

“We must challenge our thinking about our programs of record in order to permit foresighted actions that may reduce, in the coming decades, the chances for surprise and that buttress deterrence.”.

(b)

Design Competition.—

(1)

In general.— In accordance with paragraph (2), the Administrator for Nuclear Security, in coordination with the Chairman of the Nuclear Weapons Council, shall carry out a new and comprehensive design competition for a nuclear warhead that could be employed on ballistic missiles of the United States by 2030. Such competition shall—

(A)

examine options for warhead design and related delivery system requirements in the 2030s, including—

(i)

life extension of existing weapons;

(ii)

new capabilities; and

(iii)

such other concepts as the Administrator and the Chairman determine necessary to fully exercise and create responsive design capabilities in the enterprise and ensure a robust nuclear deterrent into the 2030s;

(B)

assess how the capabilities and defenses that may be employed by other countries could impact deterrence in 2030 and beyond and how such threats could be addressed or mitigated in the warhead and related delivery systems;

(C)

exercise the full set of design skills necessary for an effective nuclear deterrent and responsive enterprise through production of conceptual designs and, as the Administrator determines appropriate, production of non-nuclear prototypes of components or subsystems; and

(D)

examine and recommend actions for significantly shortening timelines and significantly reducing costs associated with design, development, certification, and production of the warhead, without reducing worker or public health and safety.

(2)

Timing.— The Administrator shall—

(A)

during fiscal year 2018, develop a plan to carry out paragraph (1); and

(B)

during fiscal year 2019, implement such plan.

(c)

Briefing.— Not later than March 1, 2018, the Administrator, in coordination with the Chairman, shall provide a briefing to the congressional defense committees on the plan of the Administrator to carry out the warhead design competition under subsection (b). Such briefing shall include an assessment of the costs, benefits, risks, and opportunities of such plan, particularly impacts to ongoing life extension programs and infrastructure projects.

SEC. 3119. Modification of Minor Construction Threshold for Plant Projects.

Section 4701(2) of the Atomic Energy Defense Act (50 U.S.C. 2741(2)) is amended by striking “ $10,000,000” and inserting “ $20,000,000”.

SEC. 3120. Extension of Authorization of Advisory Board on Toxic Substances and Worker Health.

Section 3687(i) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s–16(i)) is amended by striking “ 5 years” and inserting “ 10 years”.

SEC. 3121. 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 2018 for the National Nuclear Security Administration for the MOX facility.

(b)

Waiver.—

(1)

In general.— The Secretary may waive the requirement under subsection (a) to carry out construction and project support activities relating to the MOX facility if the Secretary submits to the congressional defense committees—

(A)

the commitment of the Secretary to remove plutonium intended to be disposed of in the MOX facility from South Carolina and ensure a sustainable future for the Savannah River Site;

(B)

a certification that—

(i)

an alternative option for carrying out the plutonium disposition program for the same amount of plutonium as the amount of plutonium intended to be disposed of in the MOX facility exists, meeting the requirements of the Business Operating Procedure of the National Nuclear Security Administration entitled “Analysis of Alternatives” and dated March 14, 2016 (BOP–03.07); and

(ii)

the remaining lifecycle cost, determined in a manner comparable to the cost estimating and assessment best practices of the Government Accountability Office, as found in the document of the Government Accountability Office entitled “GAO Cost Estimating and Assessment Guide” (GAO–09–3SP), for the alternative option would be less than approximately half of the estimated remaining lifecycle cost of the mixed-oxide fuel program; and

(C)

the details of any statutory or regulatory changes necessary to complete the alternative option.

(2)

Estimates.— The Secretary shall ensure that the estimates used by the Secretary for purposes of the certification under paragraph (1)(B) are of comparable accuracy.

(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. 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 2018 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 arising 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.

Subtitle C Plans and Reports

SEC. 3131. Annual Selected Acquisition Reports on Certain Hardware Relating to Defense Nuclear Nonproliferation.

(a)

In General.— Title XLIII of the Atomic Energy Defense Act (50 U.S.C. 2563 et seq.), as amended by section 3114, is further amended by adding at the end the following new section:

“SEC. 4311. ANNUAL SELECTED ACQUISITION REPORTS ON CERTAIN HARDWARE RELATING TO DEFENSE NUCLEAR NONPROLIFERATION.

“(a) Annual Selected Acquisition Reports.—

“(1) In general.—At the end of each fiscal year, the Administrator shall submit to the congressional defense committees a report on each covered hardware project. The reports shall be known as Selected Acquisition Reports for the covered hardware project concerned.

“(2) Matters included.—The information contained in the Selected Acquisition Report for a fiscal year for a covered hardware project shall be the information contained in the Selected Acquisition Report for such fiscal year for a major defense acquisition program under section 2432 of title 10, United States Code, expressed in terms of the covered hardware project.

“(b) Covered Hardware Project Defined.—In this section, the term ‘covered hardware project’ means a project carried out under the defense nuclear nonproliferation research and development program that—

“(1) is focused on the production and deployment of hardware, including with respect to the development and deployment of satellites or satellite payloads; and

“(2) exceeds $500,000,000 in total program cost over the course of five years.”

(b)

Clerical Amendment.— The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4310, as added by section 3114, the following new item:

“Sec. 4311. Annual Selected Acquisition Reports on certain hardware relating to defense nuclear nonproliferation.”.

SEC. 3132. Annual Reports on Unfunded Priorities of National Nuclear Security Administration.

(a)

In General.— Subtitle A of title XLVII of the Atomic Energy Defense Act (50 U.S.C. 2741 et seq.), as amended by section 3111(d), is further amended by adding at the end the following new section:

“SEC. 4716. UNFUNDED PRIORITIES OF THE NATIONAL NUCLEAR SECURITY ADMINISTRATION.

“(a) Annual Report.—Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105(a) of title 31, United States Code, the Administrator shall submit to the Secretary of Energy and the congressional defense committees a report on the unfunded priorities of the Administration.

“(b) Elements.—

“(1) In general.—Each report required by subsection (a) shall specify, for each unfunded priority covered by the report, the following:

“(A) A summary description of that priority, including the objectives to be achieved if that priority is funded (whether in whole or in part).

“(B) The additional amount of funds recommended in connection with the objectives under subparagraph (A).

“(C) Account information with respect to that priority.

“(2) Prioritization of priorities.—Each report required by subsection (a) shall present the unfunded priorities covered by the report in order of urgency of priority.

“(c) Unfunded Priority Defined.—In this section, the term ‘unfunded priority’, in the case of a fiscal year, means a program, activity, or mission requirement that—

“(1) is not funded in the budget of the President for that fiscal year as submitted to Congress pursuant to section 1105(a) of title 31, United States Code;

“(2) is necessary to fulfill a requirement associated with the mission of the Administration; and

“(3) would have been recommended for funding through the budget referred to in paragraph (1) by the Administrator—

“(A) if additional resources were available for the budget to fund the program, activity, or mission requirement; or

“(B) in the case of a program, activity, or mission requirement that emerged after the budget was formulated, if the program, activity, or mission requirement had emerged before the budget was formulated.”

(b)

Clerical Amendment.— The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4715, as added by section 3111(d), the following new item:

“Sec. 4716. Unfunded priorities of the National Nuclear Security Administration.”.

SEC. 3133. Modification of Certain Reporting Requirements.

(a)

Status of Nuclear Materials Protection, Control, and Accounting Program.—

(1)

Repeal.— Section 4303 of the Atomic Energy Defense Act (50 U.S.C. 2563) is repealed.

(2)

Clerical amendment.— The table of contents for the Atomic Energy Defense Act is amended by striking the item relating to section 4303.

(b)

Status of Security of Atomic Energy Defense Facilities.— Section 4506 of the Atomic Energy Defense Act (50 U.S.C. 2657) is amended by striking “ of each year” each place it appears and inserting “ of each even-numbered year”.

(c)

Security Risks Posed to Nuclear Weapons Complex.—

(1)

Included in stockpile stewardship and management plan.— Section 4203 of the Atomic Energy Defense Act (50 U.S.C. 2523) is amended—

(A)

in subsection (c)—

(i)

by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and

(ii)

by inserting after paragraph (5) the following new paragraph:

“(6) A summary of the plan regarding the research and development, deployment, and lifecycle sustainment of technologies described in subsection (d)(7).”

; and

(B)

in subsection (d)—

(i)

by redesignating paragraph (7) as paragraph (8); and

(ii)

by inserting after paragraph (6) the following new paragraph (7):

“(7) A plan for the research and development, deployment, and lifecycle sustainment of the technologies employed within the nuclear security enterprise to address physical and cyber security threats during the five fiscal years following the date of the report, together with—

“(A) for each site in the nuclear security enterprise, a description of the technologies deployed to address the physical and cybersecurity threats posed to that site;

“(B) for each site and for the nuclear security enterprise, the methods used by the Administration to establish priorities among investments in physical and cybersecurity technologies; and

“(C) a detailed description of how the funds identified for each program element specified pursuant to paragraph (1) in the budget for the Administration for each fiscal year during that five-fiscal-year period will help carry out that plan.”

(2)

Conforming amendment.— Section 3253(b) of the National Nuclear Security Administration Act (50 U.S.C. 2453) is amended by striking paragraph (5).

(d)

Modification of Submission of Selected Acquisition Reports.— Section 4217(a) of the Atomic Energy Defense Act (50 U.S.C. 2537(a)) is amended—

(1)

in paragraph (1)—

(A)

by striking “ each fiscal-year quarter” and inserting “ the first quarter of each fiscal year”;

(B)

by striking “ or a major” and inserting “ and each major”; and

(C)

by inserting “ during the preceding fiscal year” after “ 4713(a)(2))”; and

(2)

in paragraph (2)—

(A)

by striking “ a fiscal-year quarter” and inserting “ a fiscal year”; and

(B)

by striking “ such fiscal-year quarter” and inserting “ each fiscal-year quarter in that fiscal year”.

(e)

Long-term Plan for Meeting National Security Requirements for Unencumbered Uranium.— Section 4221(a) of the Atomic Energy Defense Act (50 U.S.C. 2538c(a)) is amended by striking “ Concurrent with” and all that follows through “ 2026” and inserting “ Not later than December 31 of each even-numbered year through 2026”.

(f)

Defense Nuclear Nonproliferation Management Plan.—

(1)

Modification of submission.— Section 4309 of the Atomic Energy Defense Act (50 U.S.C. 2575) is amended—

(A)

by striking subsection (c);

(B)

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

(C)

by striking subsection (a) and inserting the following new subsections:

“(a) Plan Required.—The Administrator shall develop and annually update a five-year management plan for activities associated with the defense nuclear nonproliferation programs of the Administration to prevent and counter the proliferation of materials, technology, equipment, and expertise related to nuclear and radiological weapons in order to minimize and address the risk of nuclear terrorism and the proliferation of such weapons.

“(b) Submission to Congress.—

(1) Not later than March 15 of each even-numbered year, the Administrator shall submit to the congressional defense committees a summary of the plan developed under subsection (a).

“(2) Not later than March 15 of each odd-numbered year, the Administrator shall submit to the congressional defense committees a detailed report on the plan developed under subsection (a).

“(3) Each summary submitted under paragraph (1) and each report submitted under paragraph (2) shall be submitted in unclassified form, but may include a classified annex if necessary.”

(2)

Elimination of identification of future international contributions.— Subsection (c) of such section, as redesignated by paragraph (1)(B), is further amended—

(A)

by striking paragraph (14); and

(B)

by redesignating paragraphs (15) and (16) as paragraphs (14) and (15), respectively.

(3)

Conforming amendments.— Subsection (c) of such section, as redesignated by paragraph (1)(B) and amended by paragraph (2), is further amended—

(A)

in paragraph (2), by striking “ the plan required by subsection (a)” and inserting “ the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be”;

(B)

in paragraph (6), by striking “ the plan required by subsection (a)” and inserting “ the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be”;

(C)

in paragraph (7), by striking “ the plan required by subsection (a)” and inserting “ the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be,”;

(D)

in paragraph (9), by striking “ the plan required by subsection (a)” and inserting “ the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be,”; and

(E)

in paragraph (10), by striking “ the plan required by subsection (a)” and inserting “ the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be,”.

SEC. 3134. Modification to Stockpile Stewardship, Management, and Responsiveness Plan.

Section 4203 of the Atomic Energy Defense Act (50 U.S.C. 2523), as amended by section 3133(c), is further amended—

(1)

in subsection (c)—

(A)

by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; and

(B)

by inserting after paragraph (6) the following new paragraph (7):

“(7) A summary of the assessment under subsection (d)(8) regarding the execution of programs with current and projected budgets and any associated risks.”

; and

(2)

in subsection (d)—

(A)

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

(B)

by inserting after paragraph (7) the following new paragraph (8):

“(8) An assessment of whether the programs described by the report can be executed with current and projected budgets and any associated risks.”

SEC. 3135. Assessment and Development of Prototype Nuclear Weapons of Foreign Countries.

(a)

Stockpile Stewardship, Management, and Responsiveness Plan.— Section 4203(d)(1) of the Atomic Energy Defense Act (50 U.S.C. 2523(d)(1)) is amended—

(1)

in subparagraph (M), by striking “ ; and” and inserting a semicolon;

(2)

in subparagraph (N), by striking the period at the end and inserting “ ; and”; and

(3)

by adding at the end the following:

“(O) as required, when assessing and developing prototype nuclear weapons of foreign countries, a report from the directors of the national security laboratories on the need and plan for such assessment and development that includes separate comments on the plan from the Secretary of Energy and the Director of National Intelligence.”

(b)

Stockpile Responsiveness Program.— Section 4220(c) of the Atomic Energy Defense Act (50 U.S.C. 2538b(c)) is amended by adding at the end the following:

“(6) The retention of the ability, in consultation with the Director of National Intelligence, to assess and develop prototype nuclear weapons of foreign countries and, if necessary, to conduct no-yield testing of those prototypes.”

(c)

Conforming Repeal.—

(1)

In general.— Section 4509 of the Atomic Energy Defense Act (50 U.S.C. 2660) is repealed.

(2)

Clerical amendment.— The table of contents for the Atomic Energy Defense Act is amended by striking the items relating to sections 4508 and 4509.

SEC. 3136. Plan for Verification, Detection, and Monitoring of Nuclear Weapons and Fissile Material.

(a)

Findings and Sense of Congress.—

(1)

Findings.— Congress finds the following:

(A)

A January 2014 Defense Science Board report found that “The nuclear future will not be a linear extrapolation of the past... [and] [t]he technologies and processes designed for current treaty verification and inspections are inadequate to future monitoring realities.”.

(B)

Section 3133 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 127 Stat. 3896) required an interagency plan for monitoring of nuclear weapons and fissile material, and section 3132 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2768) required an update of such plan. In both instances, the reports submitted failed to answer the congressional requirements, and instead provided only a brief summary of the National Security Council structure and processes.

(2)

Sense of congress.— It is the sense of Congress that verification, detection, and monitoring of nuclear weapons and fissile material should be a priority for national security, and that the reports submitted to date do not reflect this priority, or the current and planned initiatives related to nuclear verification and detection.

(b)

Plan.— The President, in consultation with the Secretary of State, the Secretary of Defense, the Secretary of Energy, the Secretary of Homeland Security, and the Director of National Intelligence, shall develop a plan for verification and monitoring relating to the potential proliferation of nuclear weapons, components of such weapons, and fissile material.

(c)

Elements.— The plan developed under subsection (b) shall include the following:

(1)

A plan and road map for verification, detection, and monitoring, with respect to policy, operations, and research, development, testing, and evaluation, including—

(A)

identifying requirements for such verification, detection, and monitoring;

(B)

costs and funding requirements over 10 years for such verification, detection, and monitoring; and

(C)

identifying and integrating roles, responsibilities, and planning for such verification, detection, and monitoring.

(2)

A detailed international engagement plan for building cooperation and transparency, including bilateral and multilateral efforts, to improve inspections, detection, and monitoring.

(3)

A detailed description of—

(A)

current and planned research and development efforts to improve monitoring, detection, and in-field inspection and analysis capabilities, including persistent surveillance, remote monitoring, and rapid analysis of large data sets, including open-source data; and

(B)

measures to coordinate technical and operational requirements early in the process.

(4)

Engagement of relevant departments and agencies of the Federal Government and the military departments (including the Open Source Center and the United States Atomic Energy Detection System), national laboratories, industry, and academia.

(d)

Designation of DOE.— The President shall designate the Department of Energy as the lead agency for development of the plan under subsection (b).

(e)

Briefing.— Not later than 30 days after the date of the enactment of this Act, the Secretary of Energy, acting through the Administrator for Nuclear Security, shall provide to the appropriate congressional committees an interim briefing on the plan under subsection (b).

(f)

Limitation.— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2018 for the Department of Defense for supporting the Executive Office of the President, $10,000,000 may not be obligated or expended until the date on which the President submits to the appropriate congressional committees the plan under subsection (g)(1).

(g)

Submission.—

(1)

Deadline.— Not later than April 15, 2018, the President shall submit to the appropriate congressional committees the plan developed under subsection (b).

(2)

Form.— The plan under subsection (b) shall be submitted in unclassified form, but, consistent with the protection of intelligence sources and methods, may include a classified annex.

(h)

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

(1)

The congressional defense committees.

(2)

The Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.

(3)

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

(4)

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

(5)

The Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.

SEC. 3137. Review of United States Nuclear and Radiological Terrorism Prevention Strategy.

(a)

In General.— The Secretary of Energy, acting through the Administrator for Nuclear Security, shall enter into an arrangement with the private scientific advisory group known as JASON to assess and recommend improvements to the strategies of the United States for preventing, countering, and responding to nuclear and radiological terrorism, specifically terrorism involving the use of nuclear weapons, improvised nuclear devices, or radiological dispersal or exposure devices, or the sabotage of nuclear facilities.

(b)

Review.— The assessment conducted under subsection (a) shall address the adequacy of the strategies of the United States described in that subsection and identify technical, policy, and resource gaps with respect to—

(1)

identifying national and international nuclear and radiological terrorism risks and critical emerging threats;

(2)

preventing state-sponsored actors and non-state actors from acquiring the technologies, materials, and critical expertise needed to mount nuclear or radiological attacks, including dual-use technologies, materials, and expertise;

(3)

countering efforts by state-sponsored actors and non-state actors to mount such attacks;

(4)

responding to nuclear and radiological terrorism incidents to attribute their origin and help manage their consequences; and

(5)

other important matters identified by JASON that are directly relevant to those strategies.

(c)

Recommendations.— The assessment conducted under subsection (a) shall include recommendations to the Secretary of Energy, Congress, and such other Federal entities as JASON considers appropriate, for preventing, countering, and responding to nuclear and radiological terrorism, including recommendations for—

(1)

closing technical, policy, or resource gaps;

(2)

improving cooperation and appropriate integration among Federal entities and Federal, State, and tribal governments;

(3)

improving cooperation between the United States and other countries and international organizations; and

(4)

other important matters identified by JASON that are directly relevant to the strategies of the United States described in subsection (a).

(d)

Liaisons.— The Secretary of Energy, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of State, and the Director of National Intelligence shall appoint appropriate liaisons to JASON with respect to supporting the timely conduct of the assessment required by subsection (a).

(e)

Materials.— The Secretary of Energy, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of State, and the Director of National Intelligence shall provide access to JASON to materials relevant to the assessment required by subsection (a), consistent with the protection of sources and methods and other critically sensitive information.

(f)

Clearances.— The Secretary of Energy and the Director of National Intelligence shall ensure that appropriate members and staff of JASON have the necessary clearances, obtained in an expedited manner, to conduct the assessment required by subsection (a).

SEC. 3138. Assessment of Management and Operating Contracts of National Security Laboratories.

(a)

Assessment.— Not later than 30 days after the date of the enactment of this Act, 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 benefits, costs, challenges, risks, efficiency, and effectiveness of the strategy of the Administrator with respect to management and operating contracts for national security laboratories. The Administrator may not award such contract to a federally funded research and development center for which the Department of Energy or the National Nuclear Security Administration is the primary sponsor.

(b)

Cooperation.— The Administrator, and the director of each national security laboratory, shall provide to the federally funded research and development center conducting the assessment under subsection (a) the information the center requires to conduct such assessment.

(c)

Submission.—

(1)

NNSA.— Not later than 90 days after the date on which the Administrator and a federally funded research and development center enter into the contract under subsection (a), the center shall submit to the Administrator a report on the assessment conducted under such subsection. Such report shall include the following:

(A)

An assessment of the acquisition strategy and the contract oversight process of the Administrator, and of the use of for-profit management and operating contractors at national security laboratories, and whether such strategy, process, and contractors provide the best outcomes to the Federal Government with respect to performance, cost, efficiency, and effectiveness.

(B)

An assessment of the total costs, for each national security laboratory, that are incurred because of using a for-profit model for the management and operating contract that would not be incurred under a nonprofit model, and whether performance, costs, efficiency, and effectiveness would be expected to increase or decrease under a nonprofit model.

(C)

An assessment of whether the Administrator is appropriately using, managing, and overseeing the national security laboratories with respect to the nature of the laboratories as federally funded research and development centers.

(2)

Congress.— Not later than 30 days after the date on which the Administrator receives the report under paragraph (1), the Administrator shall submit to the congressional defense committees such report, without change, together with any comments the Administrator determines appropriate.

(3)

Limitation.—

(A)

Award or extension of contract.— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2018 for the National Nuclear Security Administration may be obligated or expended to issue a final award, or issue a decision to extend, a management and operating contract for a national security laboratory until the date on which the Administrator submits to the congressional defense committees the report under paragraph (2).

(B)

Waiver for extension.— The Secretary of Energy may waive the limitation in subparagraph (A) with respect to the extension of a management and operating contract for a national security laboratory if the Secretary—

(i)

determines such waiver is required in the interest of national security; and

(ii)

notifies the Committees on Armed Services of the House of Representatives and the Senate of such determination.

(d)

Sense of Congress.— It is the sense of Congress that nothing in this section should be construed to mandate or encourage an extension of an existing management and operating contract for a national security laboratory.

(e)

National Security Laboratory Defined.— In this section, the term “national security laboratory” has the meaning given that term in section 4002(7) of the Atomic Energy Defense Act (50 U.S.C. 2501(7)).

SEC. 3139. Evaluation of Classification of Certain Defense Nuclear Waste.

(a)

Evaluation.— The Secretary of Energy shall conduct an evaluation of the feasibility, costs, and cost savings of classifying covered defense nuclear waste as other than high-level radioactive waste, without decreasing environmental, health, or public safety requirements.

(b)

Matters Included.— In conducting the evaluation under subsection (a), the Secretary shall consider—

(1)

the estimated quantities and locations of covered defense nuclear waste;

(2)

the potential disposal paths for such waste;

(3)

the estimated disposal timeline for such waste;

(4)

the estimated costs for disposal of such waste, and potential cost savings;

(5)

the potential effect on existing consent orders, permits, and agreements;

(6)

the basis by which the Secretary would make a decision on reclassification of such waste; and

(7)

any such other matters relating to defense nuclear waste or other reprocessing waste that the Secretary determines appropriate.

(c)

Report.— Not later than February 1, 2018, the Secretary shall submit to the appropriate congressional committees a report on the evaluation under subsection (a), including a description of—

(1)

the consideration by the Secretary of the matters under subsection (b);

(2)

any actions the Secretary has taken or plans to take to change the processes, rules, regulations, orders, or directives, relating to defense nuclear waste, as appropriate;

(3)

any recommendations for legislative action the Secretary determines appropriate; and

(4)

the assessment of the Secretary regarding the benefits and risks of the actions and recommendations of the Secretary under paragraphs (1) and (2).

(d)

Differentiation of Waste.— In conducting the evaluation under subsection (a) and preparing the report required by subsection (c), the Secretary shall distinguish between covered nuclear waste described in subparagraph (A) of subsection (e)(2) and covered nuclear waste described in subparagraph (B) of that subsection.

(e)

Definitions.— In this section:

(1)

Appropriate congressional committees.— The term “appropriate congressional committees” means the following:

(A)

The congressional defense committees.

(B)

The Committee on Energy and Commerce of the House of Representatives.

(C)

The Committee on Energy and Natural Resources of the Senate.

(2)

Covered defense nuclear waste.— The term “covered defense nuclear waste” means radioactive waste that resulted from the reprocessing of spent nuclear fuel that was generated from atomic energy defense activities and that—

(A)

contains more than 100 nCi/g of alpha-emitting transuranic isotopes with half-lives greater than 20 years; or

(B)

may be classified, managed, treated, and disposed of, regardless of origin or previous classification, as other than high-level radioactive waste.

SEC. 3140. Improved Reporting for Anti-Smuggling Radiation Detection Systems.

(a)

Annual Report.— Together with the submission to Congress of the budget of the President under section 1105(a) of title 31, United States Code, for each of fiscal years 2019 through 2021, the Administrator for Nuclear Security shall submit to the congressional defense committees a report regarding any anti-smuggling radiation detection systems that the Administrator proposes to deploy during the fiscal year covered by the budget.

(b)

Matters Included.— Each report under subsection (a) shall include the following:

(1)

The probability of detection for the anti-smuggling radiation detection systems covered by the report against realistic potential smuggling threats, including shielded and unshielded uranium, plutonium, and other special nuclear material.

(2)

The costs associated with the deployments of such systems, including costs to the United States and costs to any host country.

(3)

Options for technological advances that would make radiation detection less expensive or more effective.

(4)

The benefits to the national security of the United States resulting from the deployments of such systems.

SEC. 3141. Plutonium Capabilities.

(a)

Report.— Not later than 30 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall submit to the congressional defense committees and the Secretary of Defense a report on the recommended alternative endorsed by the Administrator for recapitalization of plutonium science and production capabilities of the nuclear security enterprise. The report shall identify the recommended alternative endorsed by the Administrator and contain the analysis of alternatives, including costs, upon which the Administrator relied in making such endorsement.

(b)

Certification.— Not later than 60 days after the date on which the Secretary of Defense receives the report required by subsection (a), the Chairman of the Nuclear Weapons Council shall submit to the congressional defense committees the written certification of the Chairman regarding whether—

(1)

the recommended alternative described in subsection (a)—

(A)

is acceptable to the Secretary of Defense and the Nuclear Weapons Council and meets the requirements of the Secretary for plutonium pit production capacity and capability;

(B)

is likely to meet the pit production timelines and milestones required by section 4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a);

(C)

is likely to meet pit production timelines and requirements responsive to military requirements;

(D)

is cost effective and has reasonable near-term and lifecycle costs that are minimized, to the extent practicable, as compared to other alternatives;

(E)

contains minimized and manageable risks as compared to other alternatives; and

(F)

can be acceptably reconciled with any differences in the conclusions made by the Office of Cost Assessment and Program Evaluation of the Department of Defense in the business case analysis of plutonium pit production capability issued in 2013; and

(2)

the Administrator has—

(A)

documented the assumptions and constraints used in the analysis of alternatives described in subsection (a); and

(B)

tested and documented the sensitivity of the cost estimates for each alternative to risks and changes in key assumptions.

(c)

Assessment.—

(1)

In general.— Not later than 90 days after the date of the enactment of this Act, the Director for Cost Estimating and Program Evaluation of the National Nuclear Security Administration shall provide to the congressional defense committees a briefing containing the assessment of the Director of the analysis of alternatives described in subsection (a).

(2)

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

(A)

descriptions of the scope, risks, and costs for alternatives not considered in the analysis of alternatives that the Director deems viable; and

(B)

any views of the Administrator regarding such alternatives.

(d)

Effect of Failure to Identify Recommended Alternative.— The Administrator shall carry out the modular building strategy (as defined in section 3114(c)(3) of the National Defense Authorization Act for Fiscal Year 2013 (50 U.S.C. 2535 note)) at Los Alamos National Laboratory, Los Alamos, New Mexico, if, by the date that is 150 days after the date of the enactment of this Act—

(1)

the Administrator has not identified, in the report required by subsection (a), the recommended alternative proposed by the Administrator for recapitalization of plutonium science and production capabilities of the nuclear security enterprise; or

(2)

the Chairman of the Nuclear Weapons Council has not certified under subsection (b) that the recommended alternative proposed by the Administrator meets the criteria described in subparagraphs (A) through (F) of paragraph (1) of that subsection.

(e)

Nuclear Security Enterprise Defined.— In this section, the term “nuclear security enterprise” has the meaning given that term in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501).

SEC. 3142. Report on Critical Decision 1 on Material Staging Facility Project.

Not later than 30 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall submit to the congressional defense committees a report containing the following:

(1)

The decision memorandum of the Administrator with respect to critical decision 1 in the acquisition process for the Material Staging Facility project at the Pantex Plant, Amarillo, Texas.

(2)

The preferred alternative approved by the Administrator for such critical decision 1.

(3)

The cost-range estimates for such critical decision 1, including a description of the costs saved or avoided from not carrying out recapitalization and sustainment of Area 4 at the Pantex Plant.

(4)

The schedule-range estimates for such critical decision 1 that include completion of the Material Staging Facility by 2024.

(5)

The risk factors and risk mitigation and management options relating to the Material Staging Facility.

(6)

The expected improvements to operations and security provided by the Material Staging Facility, once operational, including the potential annual cost savings.

(7)

Such other matters as the Administrator considers appropriate.

SEC. 3143. Plan to Further Minimize the Use of Highly Enriched Uranium for Medical Isotopes.

(a)

Plan.— The Secretary of Energy, in consultation with the Secretary of State, shall develop and assess a plan, including with respect to the benefits, risks, costs, and opportunities of the plan, to—

(1)

take additional actions to promote the wider utilization of molybdenum-99 and technetium-99m produced without the use of highly enriched uranium targets, such as, at a minimum, by—

(A)

eliminating the availability of highly enriched uranium for molybdenum-99 by buying back United States-origin highly enriched uranium in raw or target form from global molybdenum-99 suppliers; and

(B)

restricting or placing financial penalties on the import of molybdenum-99 produced with highly enriched uranium targets;

(2)

work with global molybdenum suppliers and regulators to reduce the proliferation hazard from reprocessing waste from medical isotope production containing United States-origin highly enriched uranium; and

(3)

ensure an adequate supply of molybdenum-99 and technetium-99 at all times, and both assess and mitigate any risks to such supply during a transition to production without the use of highly enriched uranium.

(b)

Submission.—

(1)

In general.— Not later than April 1, 2018, the Secretary of Energy shall submit to the appropriate congressional committees a report containing the plan and assessment under subsection (a).

(2)

Form.— The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(3)

Appropriate congressional committees defined.— In this subsection, the term “appropriate congressional committees” means—

(A)

the congressional defense committees;

(B)

the Committee on Foreign Affairs and the Committee on Energy and Commerce of the House of Representatives; and

(C)

the Committee on Foreign Relations and the Committee on Energy and Natural Resources of the Senate.

Subtitle D Other Matters

SEC. 3151. 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 145,775 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 $16,400,000,000 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.

(a)

Authorization.— There are authorized to be appropriated for fiscal year 2018, $30,600,000 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.).

(b)

Certification.— Not later than 10 days after the date on which the budget of the President for fiscal year 2019 or any fiscal year thereafter is submitted to Congress pursuant to section 1105(a) of title 31, United States Code, the Defense Nuclear Facilities Safety Board shall submit to the congressional defense committees a letter certifying that the requested budget is sufficient to carry out the mission of the Defense Nuclear Facilities Safety Board during the fiscal year covered by the budget request.

TITLE XXXIV Naval Petroleum Reserves

SEC. 3401. Authorization of Appropriations.

(a)

Amount.— There are hereby authorized to be appropriated to the Secretary of Energy $4,900,000 for fiscal year 2018 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

SEC. 3501. Authorization of the Maritime Administration.

(a)

In General.— There are authorized to be appropriated to the Department of Transportation for fiscal year 2018, 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, $87,000,000, of which—

(A)

$69,000,000 shall be for Academy operations including—

(i)

the implementation of section 3514(b) of the National Defense Authorization Act for Fiscal Year 2017, as added by section 3513; and

(ii)

staffing, training, and other actions necessary to prevent and respond to sexual harassment and sexual assault; and

(B)

$18,000,000 shall remain available until expended for capital asset management at the Academy.

(2)

For expenses necessary to support the State maritime academies, $29,550,000, of which—

(A)

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

(B)

$3,000,000 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;

(D)

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

(E)

$350,000 shall remain available until expended for expenses to improve the monitoring of the service obligations of graduates.

(3)

For expenses necessary to support the National Security Multi-Mission Vessel Program, $50,000,000, which shall remain available until expended.

(4)

For expenses necessary to support Maritime Administration operations and programs, $60,020,000.

(5)

For expenses necessary to dispose of vessels in the National Defense Reserve Fleet, $9,000,000, 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.

(b)

Assistance for Small Shipyards and Maritime Communities.— Section 54101(i) of title 46, United States Code, is amended by striking “ 2015” and all that follows before the period and inserting “ 2018, 2019, and 2020 to carry out this section $35,000,000”.

SEC. 3502. Merchant Ship Sales Act of 1946.

(a)

Amendments.— The Merchant Ship Sales Act of 1946 (50 U.S.C. 4401 et seq.) is amended by—

(1)

repealing the first section and sections 2, 3, 5, 12, and 14;

(2)

in section 8, redesignating subsection (d) as section 56308 of title 46, United States Code, and transferring it to appear after section 56307 of such title; and

(3)

redesignating section 11 as section 57100 of title 46, United States Code, and transferring it to appear before section 57101 of such title.

(b)

Conforming and Clerical Amendments.—

(1)

Section 2218 of title 10, United States Code, is amended by striking “ section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744)” each place it appears and inserting “ section 57100 of title 46”.

(2)

Section 3134 of title 40, United States Code, is amended—

(A)

by striking “ 31,” and inserting “ 31 or”; and

(B)

by striking “ or the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1735 et seq.),”.

(3)

Section 3703a(b)(6) of title 46, United States Code, is amended by striking “ section 11 of the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1744)” and inserting “ section 57100”.

(4)

Section 52101(c)(1)(A)(i) of title 46, United States Code, is amended by striking “ section 11 of the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1744)” and inserting “ section 57100”.

(5)

Section 56308 of title 46, United States Code, as redesignated and transferred by subsection (a)(2) of this section, is amended—

(A)

by striking so much as precedes “ vessel constructed” and inserting the following:

“§ 56308. Transfer of substitute vessels

“In the case of any”

(B)

by inserting “ of Transportation” after “ Secretary”; and

(C)

by striking “ adjustments with respect to the retained vessels as provided for in section 9, and”.

(6)

Section 57100 of title 46, United States Code, as redesignated and transferred by subsection (a)(3) of this section, is amended—

(A)

by striking so much as precedes the text of subsection (a) and inserting the following:

“§ 57100. National Defense Reserve Fleet

“(a) Fleet Components.—”

(B)

in subsection (b), by inserting before the first sentence the following: “ Permitted Uses.—”; and

(C)

in subsection (e)—

(i)

by inserting before the first sentence the following: “ Exemption From Tank Vessel Construction Standards.—”; and

(ii)

by striking “ of title 46, United States Code”.

(7)

Section 57101 of title 46, United States Code, is amended by striking “ maintained under section 11 of the Merchant Ship Sales Act of 1946 (50 App. 1744)”.

(8)

The analysis for chapter 563 of title 46, United States Code, is amended by inserting after the item relating to section 56307 the following:

“56308. Transfer of substitute vessels.”.

(9)

The analysis for chapter 571 of title 46, United States Code, is amended by inserting before the item relating to section 57101 the following:

“57100. National Defense Reserve Fleet.”.

SEC. 3503. Maritime Security Fleet Program; Restriction on Operation for New Entrants.

(a)

Restriction.— Section 53105(a) of title 46, United States Code, is amended—

(1)

in paragraph (1)(A), by inserting “ , except as provided in paragraph (2),” after “ in the foreign commerce or”;

(2)

in paragraph (1)(B), by striking “ and” after the semicolon at the end;

(3)

by redesignating paragraph (2) as paragraph (3); and

(4)

by inserting after paragraph (1) the following:

“(2) in the case of a vessel, other than a replacement vessel under subsection (f), first covered by an operating agreement after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018, the vessel shall not be operated in the transportation of cargo between points in the United States and its territories either directly or via a foreign port; and”

(b)

Conforming Amendments.— Section 53106 of title 46, United States Code, is amended—

(1)

in subsection (b), by striking “ section 53105(a)(1)” and inserting “ paragraph (1) and (2) of section 53105(a), as otherwise applicable with respect to such vessel,”; and

(2)

in subsection (d)(3), by striking “ section 53105(a)(1)” and inserting “ paragraph (1) and (2) of section 53105(a), as otherwise applicable with respect to such vessel”.

SEC. 3504. Codification of Sections Relating to Acquisition, Charter, and Requisition of Vessels.

(a)

Emergency Foreign Vessel Acquisition; Purchase or Requisition of Vessels Lying Idle in United States Waters.— The first section of the Act of August 9, 1954 (ch. 659; 50 U.S.C. 196)—

(1)

is redesignated as section 56309 of title 46, United States Code, and transferred to appear at the end of chapter 563 of such title, as otherwise amended by this title; and

(2)

is amended—

(A)

by striking “ That during” and inserting the following:

“§ 56309. Emergency foreign vessel acquisition; purchase or requisition of vessels lying idle in United States waters

“During”

(B)

by striking “ section 902 of the Merchant Marine Act, 1936, as amended” each place it appears and inserting “ this chapter”; and

(C)

by striking “ the second paragraph of subsection (d) of such section 902, as amended” and inserting “ section 56305”.

(b)

Voluntary Purchase or Charter Agreements.— Section 2 of such Act (50 U.S.C. 197)—

(1)

is redesignated as section 56310 of title 46, United States Code, and transferred to appear after section 56309 of such title (as amended by subsection (a)); and

(2)

is amended—

(A)

by striking so much as proceeds “ During” and inserting the following:

“§ 56310. Voluntary purchase or charter agreements”

; and

(B)

by striking “ section 902 of the Merchant Marine Act, 1936,” and inserting “ this chapter”.

(c)

Requisitioned Vessels.— Section 3 of such Act (50 U.S.C. 198)—

(1)

is redesignated as section 56311 of title 46, United States Code, and transferred to appear after section 56310 of such title (as amended by subsections (a) and (b));

(2)

is amended by striking so much as precedes subsection (a) and inserting the following:

“§ 56311. Requisitioned vessels”

; and

(3)

is amended—

(A)

except as provided in subparagraphs (B) and (C), by striking “ this Act” each place it appears and inserting “ section 56309 or 56310, as applicable”;

(B)

in subsection (c)—

(i)

in the first sentence, by striking “ this Act” and inserting “ section 56309 or 56310, as applicable,”; and

(ii)

by striking “ The second paragraph of section 9 of the Shipping Act, 1916, as amended,” and inserting “ Section 57109”; and

(C)

in subsection (d)—

(i)

in the first sentence by striking “ provisions of section 3709 of the Revised Statutes” and inserting “ section 6101 of title 41”;

(ii)

in the second sentence—

(I)

by striking “ this Act” and inserting “ section 56309 or 56310, as applicable,”; and

(II)

by striking “ said section 3709” and inserting “ section 6101 of title 41”;

(iii)

by striking “ title VII of the Merchant Marine Act, 1936” and inserting “ chapter 575”; and

(iv)

by striking subsection (f).

(d)

Documented Defined.— Chapter 563 of title 46, United States Code, as amended by this section, is further amended by adding at the end the following:

“§ 56312. Documented defined

“In sections 56309 through 56311, the term ‘documented’ means, with respect to a vessel, that a certificate of documentation has been issued for the vessel under chapter 121.”

(e)

Clerical Amendment.— The analysis for chapter 563 of title 46, United States Code, as otherwise amended by this title, is further amended by adding at the end the following:

“56309. Emergency foreign vessel acquisition; purchase or requisition of vessels lying idle in United States waters

“56310. Voluntary purchase or charter agreements

“56311. Requisitioned vessels

“56312. Documented defined”.

(f)

References.— Any reference in a law, regulation, document, paper, or other record of the United States to a section that is redesignated and transferred by this section is deemed to refer to such section as so redesignated and transferred.

SEC. 3505. Assistance for Small Shipyards.

(a)

In General.— Section 54101 of title 46, United States Code, is amended—

(1)

in the section heading, by striking “ and maritime communities”;

(2)

in subsection (a)(2), by striking “ in communities” and all that follows through the period and inserting “ relating to shipbuilding, ship repair, and associated industries.”;

(3)

by amending subsection (b) to read as follows:

“(b) Awards.—

“(1) In general.—In providing assistance under the program, the Administrator shall consider projects that foster—

“(A) efficiency, competitive operations, and quality ship construction, repair, and reconfiguration; and

“(B) employee skills and enhanced productivity related to shipbuilding, ship repair, and associated industries.

“(2) Timing of grants.—The Administrator shall award grants under this section not later than 120 days after the date of the enactment of the appropriations Act for the fiscal year concerned.

“(3) Reuse of unexpended grant funds.—Notwithstanding paragraph (2), amounts awarded as a grant under this section that are not expended by the grantee shall remain available to the Administrator for use for grants under this section.”

(4)

in subsection (c)(1)—

(A)

by inserting “ to” after “ may be used”; and

(B)

by striking subparagraphs (A), (B), and (C) and inserting the following:

“(A) make capital and related improvements in small shipyards; and

“(B) provide training for workers in shipbuilding, ship repair, and associated industries.”

(5)

in subsection (d), by striking “ unless” and all that follows before the period; and

(6)

in subsection (e)—

(A)

by striking paragraph (2);

(B)

by redesignating paragraph (3) as paragraph (2); and

(C)

in paragraph (1) by striking “ Except as provided in paragraph (2),”.

(b)

Clerical Amendment.— The analysis for chapter 541 of title 46, United States Code, is amended by striking the item relating to section 54101 and inserting the following:

“54101. Assistance for small shipyards.”.

SEC. 3506. Report on Sexual Assault Victim Recovery in the Coast Guard.

(a)

In General.— Not later than 180 days after the date of the enactment of this Act, 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 sexual assault prevention and response policies of the Coast Guard and strategic goals related to sexual assault victim recovery.

(b)

Contents.— The report shall—

(1)

describe Coast Guard strategic goals relating to sexual assault climate, prevention, response, and accountability, and actions taken by the Coast Guard to promote sexual assault victim recovery;

(2)

explain how victim recovery is being incorporated into Coast Guard strategic and programmatic guidance related to sexual assault prevention and response;

(3)

examine current Coast Guard sexual assault prevention and response policy with respect to—

(A)

Coast Guard criteria for what comprises sexual assault victim recovery;

(B)

alignment of Coast Guard personnel policies to enhance—

(i)

an approach to sexual assault response that gives priority to victim recovery;

(ii)

upholding individual privacy and dignity; and

(iii)

the opportunity for the continuation of Coast Guard service by sexual assault victims; and

(C)

sexual harassment response, including a description of the circumstances under which sexual harassment is considered a criminal offense; and

(4)

to ensure victims and supervisors understand the full scope of resources available to aid in long-term recovery, explain how the Coast Guard informs its workforce about changes to sexual assault prevention and response policies related to victim recovery.

SEC. 3507. Centers of Excellence.

(a)

In General.— Chapter 541 of title 46, United States Code, is amended by adding at the end the following:

“§ 54102. Centers of excellence for domestic maritime workforce training and education

“(a) Designation.—The Secretary of Transportation may designate as a center of excellence for domestic maritime workforce training and education a covered training entity located in a State that borders on the—

“(1) Gulf of Mexico;

“(2) Atlantic Ocean;

“(3) Long Island Sound;

“(4) Pacific Ocean;

“(5) Great Lakes;

“(6) Mississippi River System;

“(7) Arctic; or

“(8) Gulf of Alaska.

“(b) Assistance.—The Secretary may enter into a cooperative agreement (as that term is used in section 6305 of title 31) with a center of excellence designated under subsection (a) to support maritime workforce training and education at the center of excellence, including efforts of the center of excellence to—

“(1) admit additional students;

“(2) recruit and train faculty;

“(3) expand facilities;

“(4) create new maritime career pathways; or

“(5) award students credit for prior experience, including military service.

“(c) Definitions.—In this section,

“(1) Covered training entity.—the term ‘covered training entity’ means an entity that is—

“(A) a community or technical college; or

“(B) a maritime training center—

“(i) operated by, or under the supervision of, a State; and

“(ii) with a maritime training program in operation on the date of enactment of this section.

“(2) Arctic.—The term ‘Arctic’ has the meaning that term has under section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).”

(b)

Clerical Amendment.— The analysis for chapter 541 of title 46, United States Code, is amended by inserting after the item relating to section 54101 the following:

“54102. Centers of excellence for domestic maritime workforce training and education.”.

SEC. 3508. Foreign Spill Protection.

(a)

Short Title.— This section may be cited as the “Foreign Spill Protection Act of 2017”.

(b)

Liability of Owners and Operators of Foreign Facilities.—

(1)

Oil pollution control act amendments.—

(A)

Definitions.— Section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701) is amended—

(i)

in paragraph (26)(A)—

(I)

in clause (ii), by striking “ onshore or offshore facility, any person” and inserting “ onshore facility, offshore facility, or foreign offshore unit or other facility located seaward of the exclusive economic zone, any person or entity”; and

(II)

in clause (iii), by striking “ offshore facility, the person who” and inserting “ offshore facility or foreign offshore unit or other facility located seaward of the exclusive economic zone, the person or entity that”; and

(ii)

in paragraph (32)—

(I)

by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively;

(II)

by inserting after subparagraph (C) the following:

“(D) Foreign facilities.—In the case of a foreign offshore unit or other facility located seaward of the exclusive economic zone, any person or other entity owning or operating the facility, and any leaseholder, permit holder, assignee, or holder of a right of use and easement granted under applicable foreign law for the area in which the facility is located.”

; and

(III)

in subparagraph (G), as so redesignated, by striking “ or offshore facility, the persons who” and inserting “ , offshore facility, or foreign offshore unit or other facility located seaward of the exclusive economic zone, the persons or entities that”.

(B)

Actions on behalf of fund.— Section 1015(c) of the Oil Pollution Act of 1990 (33 U.S.C. 2715(c)) is amended, in the third sentence, by adding before the period at the end the following: “ or other facility located seaward of the exclusive economic zone”.

(2)

Federal water pollution control act amendments.— Section 311(a)(11) of the Federal Water Pollution Control Act (33 U.S.C. 1321(a)(11)) is amended—

(A)

by striking “ and any facility” and inserting “ any facility”; and

(B)

by inserting “ , and, for the purposes of applying subsections (b), (c), (e), and (o), any foreign offshore unit (as defined in section 1001 of the Oil Pollution Act) or any other facility located seaward of the exclusive economic zone” after “ public vessel”.

SEC. 3509. Removal of Adjunct Professor Limit at United States Merchant Marine Academy.

Section 51317 of title 46, United States Code, is amended—

(1)

in subsection (b)—

(A)

in paragraph (1), by striking “ and” at the end; and

(B)

in paragraph (2), by striking the period at the end and inserting “ ; and”; and

(2)

by striking subsections (c) and (d).

SEC. 3510. Acceptance of Guarantees in Conjunction with Partial Donations for Major Projects of the United States Merchant Marine Academy.

(a)

Guarantees.— Chapter 513 of title 46, United States Code, is amended by adding at the end the following:

“§ 51320. Acceptance of guarantees with gifts for major projects

“(a) Definitions.—In this section:

“(1) Major project.—The term ‘major project’ means a project estimated to cost at least $1,000,000 for—

“(A) the purchase or other procurement of real or personal property; or

“(B) the construction, renovation, or repair of real or personal property.

“(2) Major united states commercial bank.—The term ‘major United States commercial bank’ means a commercial bank that—

“(A) is an insured bank (as defined in section 3(h) of the Federal Deposit Insurance Act (12 U.S.C. 1813(h)));

“(B) is headquartered in the United States; and

“(C) has total net assets of an amount considered by the Maritime Administrator to qualify the bank as a major bank.

“(3) Major united states investment management firm.—The term ‘major United States investment management firm’ means—

“(A) any broker or dealer (as such terms are defined in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c));

“(B) any investment adviser or provider of investment supervisory services (as such terms are defined in section 202 of the Investment Advisers Act of 1940 (15 U.S.C. 80b–2)); or

“(C) a major United States commercial bank that—

“(i) is headquartered in the United States; and

“(ii) holds for the account of others investment assets in a total amount considered by the Maritime Administrator to qualify the bank as a major investment management firm.

“(4) Qualified guarantee.—The term ‘qualified guarantee’, with respect to a major project, means a guarantee that—

“(A) is made by 1 or more persons in connection with a donation for the project of a total amount in cash or securities that the Maritime Administrator determines is sufficient to defray a substantial portion of the total cost of the project;

“(B) is made to facilitate or expedite the completion of the project in reasonable anticipation that other donors will contribute sufficient funds or other resources in amounts sufficient to pay for completion of the project;

“(C) is set forth as a written agreement providing that the donor will furnish in cash or securities, in addition to the donor’s other gift or gifts for the project, any additional amount that may become necessary for paying the cost of completing the project by reason of a failure to obtain from other donors or sources funds or other resources in amounts sufficient to pay the cost of completing the project; and

“(D) is accompanied by—

“(i) an irrevocable and unconditional standby letter of credit for the benefit of the United States Merchant Marine Academy that is in the amount of the guarantee and is issued by a major United States commercial bank; or

“(ii) a qualified account control agreement.

“(5) Qualified account control agreement.—The term ‘qualified account control agreement’, with respect to a guarantee of a donor, means an agreement among the donor, the Maritime Administrator, and a major United States investment management firm that—

“(A) ensures the availability of sufficient funds or other financial resources to pay the amount guaranteed during the period of the guarantee;

“(B) provides for the perfection of a security interest in the assets of the account for the United States for the benefit of the United States Merchant Marine Academy with the highest priority available for liens and security interests under applicable law;

“(C) requires the donor to maintain in an account with the investment management firm assets having a total value that is not less than 130 percent of the amount guaranteed; and

“(D) requires the investment management firm, whenever the value of the account is less than the value required to be maintained under subparagraph (C), to liquidate any noncash assets in the account and reinvest the proceeds in Treasury bills issued under section 3104 of title 31.

“(b) Acceptance Authority.—Subject to subsection (d), the Maritime Administrator may accept a qualified guarantee from a donor or donors for the completion of a major project for the benefit of the United States Merchant Marine Academy.

“(c) Obligation Authority.—The amount of a qualified guarantee accepted under this section shall be considered as contract authority to provide obligation authority for purposes of Federal fiscal and contractual requirements. Funds available for a project for which such a guarantee has been accepted may be obligated and expended for the project without regard to whether the total amount of funds and other resources available for the project (not taking into account the amount of the guarantee) is sufficient to pay for completion of the project.

“(d) Notice.—The Maritime Administrator may not accept a qualified guarantee under this section for the completion of a major project until 30 days after the date on which a report of the facts concerning the proposed guarantee is submitted to Congress.

“(e) Prohibition on Commingling Funds.—The Maritime Administrator may not enter into any contract or other transaction involving the use of a qualified guarantee and appropriated funds in the same contract or transaction.”

(b)

Clerical Amendment.— The table of sections for chapter 513 of title 46, United States Code, is amended by adding at the end the following:

“51320. Acceptance of guarantees with gifts for major projects.”.

SEC. 3511. Authority to Pay Conveyance or Transfer Expenses in Connection with Acceptance of a Gift to the United States Merchant Marine Academy.

Section 51315 of title 46, United States Code, is amended by inserting at the end the following:

“(f) Payment of Expenses.—The Maritime Administrator may pay all necessary expenses in connection with the conveyance or transfer of a gift, devise, or bequest accepted under this section.”

SEC. 3512. Authority to Participate in Federal, State or Other Research Grants.

(a)

Research Grants.— Chapter 513 of title 46, United States Code, as amended by sections 3510 of this title, is further amended by adding at the end the following:

“§ 51321. Grants for scientific and educational research

“(a) Defined Term.—In this section, the term ‘qualifying research grant’ is a grant that—

“(1) is awarded on a competitive basis by the Federal Government (except for the Department of Transportation), a State, a corporation, a fund, a foundation, an educational institution, or a similar entity that is organized and operated primarily for scientific or educational purposes; and

“(2) is to be used to carry out a research project with a scientific or educational purpose.

“(b) Acceptance of Qualifying Research Grants.—The United States Merchant Marine Academy may compete for and accept qualifying research grants if the work under the grant is to be carried out by a professor or instructor of the United States Merchant Marine Academy.

“(c) Administration of Grant Funds.—

“(1) Establishment of account.—The Maritime Administrator shall establish a separate account for administering funds received from research grants under this section.

“(2) Use of grant funds.—The Superintendent shall use grant funds deposited into the account established pursuant to paragraph (1) in accordance with applicable regulations and the terms and conditions of the respective grants.

“(d) Related Expenses.—Subject to such limitations as may be provided in appropriations Acts, appropriations available for the United States Merchant Marine Academy may be used to pay expenses incurred by the Academy in applying for, and otherwise pursuing, a qualifying research grant.”

(b)

Clerical Amendment.— The table of sections for chapter 513 of title 46, United States Code, as amended by section 3510(b), is further amended by adding at the end the following:

“51321. Grants for scientific and educational research.”.

SEC. 3513. Provision of Satellite Communication Devices During Sea Year Program.

Section 3514 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:

“(a) Vessel Operator Requirements.—Not later than”

; and

(2)

by adding at the end the following new subsection:

“(b) Provision of Satellite Phone.—

“(1) In general.—The Maritime Administrator shall ensure that each cadet from the United States Merchant Marine Academy who is participating in the Sea Year program is provided a functional satellite communication device. A cadet may not be denied from using the device whenever the student determines that use of the device is necessary to prevent or report sexual harassment or sexual assault.

“(2) Check-in.—Not less often than once each week during a cadet’s participation in the Sea Year program, the cadet shall check-in with designated personnel at the Academy via the satellite communication device provided under paragraph (1). A text message sent via the satellite device shall meet the requirement for a weekly check-in for purposes of this paragraph.”

SEC. 3514. Actions to Address Sexual Harassment, Dating Violence, Domestic Violence, Sexual Assault, and Stalking at the United States Merchant Marine Academy.

(a)

Expansion of Required Policy.— Section 51318(a) of title 46, United States Code, is amended—

(1)

in paragraph (1), by striking “ harassment and sexual assault” and inserting “ harassment, dating violence, domestic violence, sexual assault, and stalking”;

(2)

in paragraph (2)—

(A)

in the matter preceding subparagraph (A), by striking “ harassment and sexual assault” and inserting “ harassment, dating violence, domestic violence, sexual assault, and stalking”;

(B)

in subparagraph (A), by inserting “ domestic violence, dating violence, stalking,” after “ acquaintance rape,”;

(C)

in subparagraph (B)—

(i)

in the matter preceding clause (i), by striking “ harassment or sexual assault,” and inserting “ harassment, dating violence, domestic violence, sexual assault, or stalking,”;

(ii)

in clause (i), by striking “ harassment or sexual assault” and inserting “ harassment, dating violence, domestic violence, sexual assault, or stalking”; and

(iii)

in clause (iii), by striking “ criminal sexual assault” and inserting “ a criminal sexual offense”;

(D)

in subparagraph (D), by striking “ harassment or sexual assault” and inserting “ harassment, dating violence, domestic violence, sexual assault, or stalking”;

(E)

in subparagraph (E)—

(i)

in clause (i), by striking “ harassment or sexual assault” and inserting “ harassment, dating violence, domestic violence, sexual assault, or stalking”;

(ii)

in clause (ii), by striking “ sexual assault” and inserting “ sexual harassment, dating violence, domestic violence, sexual assault, or stalking”; and

(iii)

in clause (iii), by striking “ harassment and sexual assault” and inserting “ harassment, dating violence, domestic violence, sexual assault, or stalking”; and

(F)

in subparagraph (F), by striking “ harassment or sexual assault” and inserting “ harassment, dating violence, domestic violence, sexual assault, or stalking”;

(3)

by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;

(4)

by inserting after paragraph (2) the following new paragraph:

“(3) Minimum training requirements for certain individuals regarding sexual harassment, dating violence, domestic violence, sexual assault, and stalking.—

“(A) Requirement.—The Maritime Administrator shall direct the Superintendent of the United States Merchant Marine Academy to develop a mandatory training program at the Academy for each individual who is involved in implementing the Academy’s student disciplinary grievance procedures, including each individual who is responsible for—

“(i) resolving complaints of reported sexual harassment, dating violence, domestic violence, sexual assault, and stalking;

“(ii) resolving complaints of reported violations of the sexual misconduct policy of the Academy; or

“(iii) conducting an interview with a victim of sexual harassment, dating violence, domestic violence, sexual assault, or stalking.

“(B) Consultation.—The Superintendent shall develop the training program described in subparagraph (A) in consultation with national, State, or local sexual assault, dating violence, domestic violence, or stalking victim advocacy, victim services, or prevention organizations.

“(C) Elements.—The training required by subparagraph (A) shall include the following:

“(i) Information on working with and interviewing persons subjected to sexual harassment, dating violence, domestic violence, sexual assault, or stalking.

“(ii) Information on particular types of conduct that would constitute sexual harassment, dating violence, domestic violence, sexual assault, or stalking, regardless of gender, including same-sex sexual harassment, dating violence, domestic violence, sexual assault, or stalking.

“(iii) Information on consent and the effect that drugs or alcohol may have on an individual’s ability to consent.

“(iv) Information on the effects of trauma, including the neurobiology of trauma.

“(v) Training regarding the use of trauma-informed interview techniques, which means asking questions of an individual who has been a victim of sexual harassment, dating violence, domestic violence, sexual assault, or stalking in a manner that is focused on the experience of the victim, does not judge or blame the victim, and is informed by evidence-based research on the neurobiology of trauma.

“(vi) Training on cultural awareness regarding how dating violence, domestic violence, sexual assault, or stalking may impact midshipmen differently depending on their cultural background.

“(vii) Information on sexual assault dynamics, sexual assault perpetrator behavior, and barriers to reporting.

“(D) Implementation.—

“(i) Development and approval schedule.—The training program required by subparagraph (A) shall be developed not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018.

“(ii) Completion of training.—Each individual who is required to complete the training described in subparagraph (A) shall complete such training not later than—

“(I) 270 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018; or

“(II) 180 days after starting a position with responsibilities that include the activities described in clause (i), (ii), or (iii) of subparagraph (A).”

; and

(5)

by inserting after paragraph (5), as so redesignated, the following new paragraph:

“(6) Consistency with the higher education act of 1965.—The Secretary shall ensure that the policy developed under this subsection meets the requirements set out in section 485(f)(8) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(8)).”

(b)

Minimum Procedures for Handling Reports of Sexual Harassment, Dating Violence, Domestic Violence, Sexual Assault, or Stalking.— Subsection (b) of section 51318 of title 46, United States Code, is amended to read as follows:

“(b) Development Program.—

“(1) In general.—The Maritime Administrator shall ensure that the development program of the Academy includes a section that—

“(A) describes the relationship between honor, respect, and character development and the prevention of sexual harassment, dating violence, domestic violence, sexual assault, and stalking at the Academy;

“(B) includes a brief history of the problem of sexual harassment, dating violence, domestic violence, sexual assault, and stalking in the merchant marine, in the Armed Forces, and at the Academy; and

“(C) includes information relating to reporting sexual harassment, dating violence, domestic violence, sexual assault, and stalking, victims’ rights, and dismissal for offenders.

“(2) Minimum requirements to combat retaliation.—

“(A) Requirement for plan.—Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018, the Maritime Administrator shall direct the Superintendent of the United States Merchant Marine Academy to implement and maintain a plan to combat retaliation against cadets at the Academy who report sexual harassment, dating violence, domestic violence, sexual assault, or stalking.

“(B) Violation of code of conduct.—The Superintendent shall consider an act of retaliation against a cadet at the Academy who reports sexual harassment, dating violence, domestic violence, sexual assault, or stalking as a Class I violation of the Midshipman Regulations of the Academy or equivalent code of conduct.

“(C) Retaliation definition.—The Superintendent shall work with the sexual assault prevention and response staff of the Academy to define ‘retaliation’ for purposes of this subsection.

“(3) Minimum resource requirements.—

“(A) In general.—The Maritime Administrator shall ensure the staff at the Academy are provided adequate and appropriate sexual harassment, dating violence, domestic violence, sexual assault, and stalking prevention and response training materials and resources. Such resources shall include staff as follows:

“(i) Sexual assault response coordinator.

“(ii) Prevention educator.

“(iii) Civil rights officer.

“(iv) Staff member to oversee Sea Year.

“(B) Communication.—The Director of the Office of Civil Rights of the Maritime Administration shall create and maintain a direct line of communication to the sexual assault response staff of the Academy that is outside of the chain of command of the Academy.

“(4) Minimum training requirements.—The Superintendent shall ensure that all cadets receive training on the sexual harassment, dating violence, domestic violence, sexual assault, and stalking prevention and response sections of the development program of the Academy, as described in paragraph (1), as follows:

“(A) An initial training session, which shall occur not later than 7 days after a cadet’s initial arrival at the Academy.

“(B) Additional training sessions, which shall occur biannually following the cadet’s initial training session until the cadet graduates or leaves the Academy.”

(c)

Aggregate Reporting and Definitions.— Section 51318 of title 46, United States Code, is amended by adding at the end the following new subsections:

“(e) Data for Aggregate Reporting.—

“(1) In general.—No requirement related to confidentiality in this section or section 51319 of this title may be construed to prevent a sexual assault response coordinator from providing information for any report required by law regarding sexual harassment, dating violence, domestic violence, sexual assault, or stalking.

“(2) Identity protection.—Any information provided for a report referred to in paragraph (1) shall be provided in a manner that protects the identity of the victim or witness.

“(f) Definitions.—In this section and section 51319 of this title:

“(1) Dating violence; domestic violence; stalking.—The terms ‘dating violence’, ‘domestic violence’, and ‘stalking’ have the meanings given those terms is section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)).

“(2) Sexual assault.—The term ‘sexual assault’ means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.”

(d)

Clerical Amendments.—

(1)

Section heading.— The heading of section 51318 of title 46, United States Code, is amended to read as follows:

“§ 51318. Policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking”

(2)

Table of sections.— The table of sections for chapter 513 of title 46, United States Code, is amended by striking the item relating to section 51318 and inserting the following new item:

“51318. Policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking.”.

SEC. 3515. Sexual Assault Prevention and Response Staff for the United States Merchant Marine Academy.

(a)

In General.— Section 51319 of title 46, United States Code, is amended—

(1)

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

(2)

by striking subsection (a) and inserting the following new subsections:

“(a) Sexual Assault Response Coordinators.—

“(1) Requirement for coordinators.—The United States Merchant Marine Academy shall employ or contract with at least 1 full-time sexual assault response coordinator who shall reside at or near the Academy. The Secretary of Transportation may assign additional full-time or part-time sexual assault response coordinators at the Academy as necessary.

“(2) Selection criteria.—Each sexual assault response coordinator shall be selected based on—

“(A) experience and a demonstrated ability to effectively provide victim services related to sexual harassment, dating violence, domestic violence, sexual assault, and stalking; and

“(B) protection of the individual under applicable law to provide privileged communication.

“(3) Confidentiality.—A sexual assault response coordinator shall, to the extent authorized under applicable law, provide confidential services to a cadet at the Academy who reports being a victim of, or witness to, sexual harassment, dating violence, domestic violence, sexual assault, or stalking.

“(4) Training.—

“(A) Verification.—Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018, the Maritime Administrator, in consultation with the Director of the Maritime Administration Office of Civil Rights, shall develop a process to verify that each sexual assault response coordinator has completed proper training.

“(B) Training requirements.—The training referred to in subparagraph (A) shall include training in—

“(i) working with victims of sexual harassment, dating violence, domestic violence, sexual assault, and stalking;

“(ii) the policies, procedures, and resources of the Academy related to responding to sexual harassment, dating violence, domestic violence, sexual assault, and stalking; and

“(iii) national, State, and local victim services and resources available to victims of sexual harassment, dating violence, domestic violence, sexual assault, and stalking.

“(C) Completion of training.—A sexual assault response coordinator shall complete the training referred to in subparagraphs (A) and (B) not later than—

“(i) 270 days after enactment of the National Defense Authorization Act for Fiscal Year 2018; or

“(ii) 180 days after starting in the role of sexual assault response coordinator.

“(5) Duties.—A sexual assault response coordinator shall—

“(A) confidentially receive a report from a victim of sexual harassment, dating violence, domestic violence, sexual assault, or stalking;

“(B) inform the victim of—

“(i) the victim’s rights under applicable law;

“(ii) options for reporting an incident of sexual harassment, dating violence, domestic violence, sexual assault, or stalking to the Academy and law enforcement;

“(iii) how to access available services, including emergency medical care, medical forensic or evidentiary examinations, legal services, services provided by rape crisis centers and other victim service providers, services provided by the volunteer sexual assault victim advocates at the Academy, and crisis intervention counseling and ongoing counseling;

“(iv) such coordinator’s ability to assist in arranging access to such services, with the consent of the victim;

“(v) available accommodations, such as allowing the victim to change living arrangements and obtain accessibility services;

“(vi) such coordinator’s ability to assist in arranging such accommodations, with the consent of the victim;

“(vii) the victim’s rights and the Academy’s responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by the Academy or a criminal, civil, or tribal court; and

“(viii) privacy limitations under applicable law;

“(C) represent the interests of any cadet at the Academy who reports being a victim of sexual harassment, dating violence, domestic violence, sexual assault, or stalking, even if such interests are in conflict with the interests of the Academy;

“(D) advise the victim of, and provide written materials regarding, the information described in subparagraph (B);

“(E) liaise with appropriate staff at the Academy, with the victim’s consent, to arrange reasonable accommodations through the Academy to allow the victim to change living arrangements, obtain accessibility services, or access other accommodations;

“(F) maintain the privacy and confidentiality of the victim, and shall not notify the Academy or any other authority of the identity of the victim or the alleged circumstances surrounding the reported incident unless—

“(i) otherwise required by applicable law;

“(ii) requested to do so by the victim who has been fully and accurately informed about what procedures shall occur if the information is shared; or

“(iii) notwithstanding clause (i) or clause (ii), there is risk of imminent harm to other individuals;

“(G) assist the victim in contacting and reporting an incident of sexual harassment, dating violence, domestic violence, sexual assault, or stalking to the Academy or law enforcement, if requested to do so by the victim who has been fully and accurately informed about what procedures shall occur if information is shared; and

“(H) submit to the Director of the Maritime Administration Office of Civil Rights an annual report summarizing how the resources supplied to the coordinator were used during the prior year, including the number of victims assisted by the coordinator.

“(b) Oversight.—

“(1) In general.—

“(A) Reporting.—Each sexual assault response coordinator shall—

“(i) report directly to the Superintendent; and

“(ii) have concurrent reporting responsibility to the Executive Director of the Maritime Administration on matters related to the Maritime Administration and the Department of Transportation and upon belief that the Academy leadership is acting inappropriately regarding sexual assault prevention and response matters.

“(B) Support.—The Maritime Administration Office of Civil Rights shall provide support to the sexual assault response coordinator at the Academy on all sexual harassment, dating violence, domestic violence, sexual assault, or stalking prevention matters.

“(2) Prohibition on investigation by the academy.—Any request by a victim for an accommodation, as described in subsection (a)(5)(E), made by a sexual assault response coordinator shall not trigger an investigation by the Academy, even if such coordinator deals only with matters relating to sexual harassment, dating violence, domestic violence, sexual assault, or stalking.

“(3) Prohibition on retaliation.—A sexual assault response coordinator, victim advocate, or companion may not be disciplined, penalized, or otherwise retaliated against by the Academy for representing the interests of the victim, even if such interests are in conflict with the interests of the Academy.”

(b)

Access of Academy Cadets to DOD SAFE or Equivalent Helpline.—

(1)

In general.— The Secretary of Transportation shall arrange for cadets at the United States Merchant Marine Academy to have access to, and use of, the Department of Defense SAFE Helpline or an equivalent helpline to report incidents of sexual harassment, dating violence, domestic violence, sexual assault, or stalking.

(2)

Training.— The training provided to personnel of the helpline to which cadets at the Academy are given access shall include training on the resources available to cadets at the Academy in connection with sexual assault, sexual harassment, domestic violence, dating violence, and stalking.

(3)

Definitions.— In this section, the terms “dating violence”, “domestic violence”, “sexual assault”, and “stalking” have the meanings given those terms in section 51318 of title 46, United States Code.

(c)

Repeal of Duplicate Requirement.— Subsection (c) of section 51319 of title 46, United States Code, as redesignated by subsection (a)(1), is amended—

(1)

by striking paragraph (5);

(2)

by redesignating paragraph (6) as paragraph (5); and

(3)

in paragraph (5), as so redesignated, by striking “ (3), (4), and (5)” and inserting “ (3) and (4)”.

SEC. 3516. Protection of Cadets at the United States Merchant Marine Academy from Sexual Assault Onboard Commercial Vessels.

(a)

In General.— Chapter 513 of title 46, United States Code, as amended by section 3512 of this title, is further amended by adding at the end the following new section:

“§ 51322. Protection of cadets from sexual assault onboard vessels

“(a) Riding Gangs.—

“(1) Certification of compliance.—The Maritime Administrator shall require the owner or operator of any commercial vessel that is carrying a cadet from the United States Merchant Marine Academy to certify compliance of the vessel with the International Convention for Safety of Life at Sea, 1974 (32 UST 47) and section 8106 of this title.

“(2) Information for cadets.—The Maritime Administrator shall ensure that the Academy informs cadets preparing for Sea Year of the obligations that vessel owners and operators have to provide for the security of individuals aboard a vessel under United States law, including chapter 81 and section 70103(c) of this title.

“(b) Checks of Commercial Vessels.—

“(1) Requirement.—Not less frequently than biennially, staff of the Academy or staff of the Maritime Administration shall conduct both random and targeted unannounced checks of not less than 10 percent of the commercial vessels that host a cadet from the Academy.

“(2) Removal of students.—If staff of the Academy or staff of the Maritime Administration determine that a commercial vessel is in violation of the sexual assault policy developed by the Academy through a check conducted under paragraph (1), the staff may—

“(A) remove any cadet of the Academy from the vessel; and

“(B) report the violation to the owner or operator of the vessel.

“(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 the crew and passengers of any vessel hosting a cadet from the Academy.

“(d) Sea Year Survey.—

“(1) Requirement.—The Maritime Administrator shall require each cadet from the Academy, upon completion of the cadet’s Sea Year, to complete a survey regarding the environment and conditions during the Sea Year of the vessel to which the cadet was assigned.

“(2) Availability.—The Maritime Administrator shall make available to the public for each year—

“(A) the questions used in the survey required by paragraph (1); and

“(B) the aggregated data received from such surveys.”

(b)

Clerical Amendment.— The table of sections for chapter 513 of title 46, United States Code, as amended by section 3512 of this title, is further amended by adding at the end the following new item:

“51322. Protection of cadets from sexual assault onboard vessels.”.

SEC. 3517. Training Requirement for Sexual Assault Investigators.

Each employee of the Office of Inspector General of the Department of Transportation who conducts investigations and who is assigned to the Regional Investigations Office in New York, New York, shall—

(1)

participate in specialized training in conducting sexual assault investigations; and

(2)

attend at least 1 Federal Law Enforcement Training Center (FLETC) sexual assault investigation course, or equivalent sexual assault investigation training course, as determined by the Inspector General, each year.