US Codex
Pub. L.
Notes

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

113th Congress · Approved Dec 19, 2014 · 128 Stat. 3292

DIVISION C Department of Energy National Security Authorizations and Other Authorizations

TITLE XXXI Department of Energy National Security Programs

Subtitle A National Security Programs Authorizations

SEC. 3101. National Nuclear Security Administration.

(a)
Authorization of Appropriations.— Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2015 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701.
(b)
Authorization of New Plant Projects.— From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows: Project 15–D–613, Emergency Operations Center, Y–12 National Security Complex, Oak Ridge, Tennessee, $2,000,000. Project 15–D–612, Emergency Operations Center, Lawrence Livermore National Laboratory, Livermore, California, $2,000,000. Project 15–D–611, Emergency Operations Center, Sandia National Laboratories, Albuquerque, New Mexico, $4,000,000. Project 15–D–302, TA–55 Reinvestment Project Phase III, Los Alamos National Laboratory, Los Alamos, New Mexico, $16,062,000. Project 15–D–301, High Explosive Science and Engineering Facility, Pantex Plant, Amarillo, Texas, $11,800,000. Project 15–D–904, Overpack Storage Expansion 3, Naval Reactors Facility, Idaho, $400,000. Project 15–D–903, Fire System Upgrade, Knolls Atomic Power Laboratory, Schenectady, New York, $600,000. Project 15–D–902, Engine Room Team Trainer Facility, Kesselring Site, West Milton, New York, $1,500,000. Project 15–D–901, Central Office and Prototype Staff Building, Kesselring Site, West Milton, New York, $24,000,000.

SEC. 3102. Defense Environmental Cleanup.

(a)
Authorization of Appropriations.— Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2015 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701.
(b)
Authorization of New Plant Projects.— From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out, for defense environmental cleanup activities, the following new plant projects: Project 15–D–401, KW Basin Sludge Removal Project, Hanford, Washington, $26,290,000. Project 15–D–402, Saltstone Disposal Unit #6, Savannah River Site, Aiken, South Carolina, $34,642,000. Project 15–D–405, Sludge Processing Facility Build Out, Oak Ridge, Tennessee, $4,200,000. Project 15–D–406, Hexavalent Chromium Pump and Treatment Remedy Project, Los Alamos National Laboratory, Los Alamos, New Mexico, $28,600,000. Project 15–D–409, Low Activity Waste Pretreatment System, Hanford, Washington, $23,000,000.

SEC. 3103. Other Defense Activities.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2015 for other defense activities in carrying out programs as specified in the funding table in section 4701.

Subtitle B Program Authorizations, Restrictions, and Limitations

SEC. 3111. Design and Use of Prototypes of Nuclear Weapons for Intelligence Purposes.

(a)
In General.— Subsection (a) of section 4509 of the Atomic Energy Defense Act (50 U.S.C. 2660) is amended to read as follows:

“(a) Prototypes.—

(1) Not later than the date on which the President submits to Congress under section 1105(a) of title 31, United States Code, the budget for fiscal year 2016, the directors of the national security laboratories shall jointly develop a multiyear plan to design and build prototypes of nuclear weapons to further intelligence estimates with respect to foreign nuclear weapons activities and capabilities.

“(2) Not later than the date on which the President submits to Congress under section 1105(a) of title 31, United States Code, the budget for an even-numbered fiscal year occurring after fiscal year 2017, the directors shall jointly develop an update to the plan developed under paragraph (1).

“(3)

(A) The directors shall jointly submit to the Secretary of Energy and the Director of National Intelligence the plan and each update developed under paragraphs (1) and (2), respectively.

“(B) Not later than 30 days after the date on which the directors submit the plan or an update under subparagraph (A), the Secretary—

“(i) shall submit to the congressional defense committees and the congressional intelligence committees the plan or update, as the case may be, without change; and

“(ii) may include, with the plan or update submitted under clause (i), the views of the Secretary with respect to the plan or update.

“(4)

(A) The Secretary, in coordination with the directors, shall carry out the plan developed under paragraph (1), including the updates to the plan developed under paragraph (2).

“(B) The Secretary may determine the manner in which the designing and building of prototypes of nuclear weapons is carried out under such plan.

“(C) The Secretary shall promptly submit to the congressional defense committees and the congressional intelligence committees written notification of any changes the Secretary makes to such plan pursuant to subparagraph (B), including justifications for such changes.”

(b)
Matters Included.— Such section is further amended—
(1)
by redesignating subsection (b) as subsection (c); and
(2)
by inserting after subsection (a) the following new subsection (b):

“(b) Matters Included.—

(1) The directors shall ensure that the plan developed and updated under subsection (a) provides increased information upon which to base intelligence assessments and emphasizes the competencies of the national security laboratories with respect to designing and building prototypes of nuclear weapons.

“(2) To carry out paragraph (1), the plan developed and updated under subsection (a) shall include the following:

“(A) Design and system engineering activities of full-scale engineering prototypes (using surrogate special nuclear materials), including weaponization features as required.

“(B) Design, system engineering, and experimental testing (using surrogate special nuclear materials) of above-ground experiment test hardware.

“(C) Design and system engineering of scaled or subcomponent experimental test articles (using special nuclear materials) for conducting experiments at the Nevada National Security Site.”

(c)
Conforming Amendment.— Subsection (c) of such section, as redesignated by subsection (b), is amended by striking “ subsection (a), the Administrator” and inserting “ this section, the Secretary”.

SEC. 3112. Plutonium Pit Production Capacity.

(a)
Sense of Congress.— It is the sense of Congress that—
(1)
the requirement to create a modern, responsive nuclear infrastructure that includes the capability and capacity to produce, at minimum, 50 to 80 pits per year, is a national security priority;
(2)
delaying creation of a modern, responsive nuclear infrastructure until the 2030s is an unacceptable risk to the nuclear deterrent and the national security of the United States; and
(3)
timelines for creating certain capacities for production of plutonium pits and other nuclear weapons components must be driven by the requirement to hedge against technical and geopolitical risk and not solely by the needs of life extension programs.
(b)
Pit Production.—
(1)
In general.— 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. 4219. PLUTONIUM PIT PRODUCTION CAPACITY.

“(a) Requirement.—Consistent with the requirements of the Secretary of Defense, the Secretary of Energy shall ensure that the nuclear security enterprise—

“(1) during 2021, begins production of qualification plutonium pits;

“(2) during 2024, produces not less than 10 war reserve plutonium pits;

“(3) during 2025, produces not less than 20 war reserve plutonium pits;

“(4) during 2026, produces not less than 30 war reserve plutonium pits; and

“(5) during a pilot period of not less than 90 days during 2027 (subject to subsection (b)), demonstrates the capability to produce war reserve plutonium pits at a rate sufficient to produce 80 pits per year.

“(b) Authorization of Two-year Delay of Demonstration Requirement.—The Secretary of Energy and the Secretary of Defense may jointly delay, for not more than two years, the requirement under subsection (a)(5) if—

“(1) the Secretary of Defense and the Secretary of Energy jointly submit to the congressional defense committees a report describing—

“(A) the justification for the proposed delay;

“(B) the effects of the proposed delay on stockpile stewardship and modernization, life extension programs, future stockpile strategy, and dismantlement efforts; and

“(C) whether the proposed delay is consistent with national policy regarding creation of a responsive nuclear infrastructure; and

“(2) the Commander of the United States Strategic Command submits to the congressional defense committees a report containing the assessment of the Commander with respect to the potential risks to national security of the proposed delay in meeting—

“(A) the nuclear deterrence requirements of the United States Strategic Command; and

“(B) national requirements related to creation of a responsive nuclear infrastructure.

“(c) Annual Certification.—Not later than March 1, 2015, and each year thereafter through 2027 (or, if the authority under subsection (b) is exercised, 2029), the Secretary of Energy shall certify to the congressional defense committees and the Secretary of Defense that the programs and budget of the Secretary of Energy will enable the nuclear security enterprise to meet the requirements under subsection (a).

“(d) Plan.—If the Secretary of Energy does not make a certification under subsection (c) by March 1 of any year in which a certification is required under that subsection, by not later than May 1 of such year, the Chairman of the Nuclear Weapons Council shall submit to the congressional defense committees a plan to enable the nuclear security enterprise to meet the requirements under subsection (a). Such plan shall include identification of the resources of the Department of Energy that the Chairman determines should be redirected to support the plan to meet such requirements.”

(2)
Clerical amendment.— The table of contents for such Act is amended by inserting after the item relating to section 4218 the following new item:

“Sec. 4219. Plutonium pit production capacity.”.

SEC. 3113. Life-Cycle Cost Estimates of Certain Atomic Energy Defense Capital Assets.

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

“SEC. 4714. LIFE-CYCLE COST ESTIMATES OF CERTAIN ATOMIC ENERGY DEFENSE CAPITAL ASSETS.

“(a) In General.—The Secretary of Energy shall ensure that an independent life-cycle cost estimate under Department of Energy Order 413.3 (relating to program management and project management for the acquisition of capital assets) of each capital asset described in subsection (b) is conducted before the asset achieves critical decision 2 in the acquisition process.

“(b) Capital Assets Described.—A capital asset described in this subsection is an atomic energy defense capital asset—

“(1) the total project cost of which exceeds $100,000,000; and

“(2) the purpose of which is to perform a limited-life, single-purpose mission.

“(c) Independent Defined.—For purposes of subsection (a), the term ‘independent’, with respect to a life-cycle cost estimate of a capital asset, means that the life-cycle cost estimate is prepared by an organization independent of the project sponsor, using the same detailed technical and procurement information as the sponsor, to determine if the life-cycle cost estimate of the sponsor is accurate and reasonable.”

(b)
Clerical Amendment.— The table of contents for such Act is amended by inserting after the item relating to section 4713 the following new item:

“Sec. 4714. Life-cycle cost estimates of certain atomic energy defense capital assets.”.

SEC. 3114. Expansion of Requirement for Independent Cost Estimates on Life Extension Programs and New Nuclear Facilities.

(a)
In General.— Subsection (b)(1) of section 4217 of the Atomic Energy Defense Act (50 U.S.C. 2537) is amended—
(1)
by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and by moving such clauses, as so redesignated, two ems to the right;
(2)
in clause (iii), as redesignated by paragraph (1), by striking “ critical decision 2” and inserting “ critical decision 1 and before such facility achieves critical decision 2”;
(3)
in the matter preceding clause (i), as so redesignated, by striking “ an independent cost estimate of”;
(4)
by inserting before clause (i), as so redesignated, the following:

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

; and

(5)
by adding at the end the following:

“(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.”

(b)
Technical and Conforming Amendments.— Such section is further amended—
(1)
in the section heading, by striking “ estimates on” and inserting “ estimates and reviews of”; and
(2)
in subsection (b)—
(A)
in the subsection heading, by inserting “ and Reviews” after “ Estimates”; and
(B)
in paragraphs (2) and (3), by inserting “ or review” after “ estimate” each place it appears.
(c)
Clerical Amendment.— The table of contents for such Act is amended by striking the item relating to section 4217 and inserting the following new item:

“Sec. 4217. Selected Acquisition Reports and independent cost estimates and reviews of life extension programs and new nuclear facilities.”.

SEC. 3115. Definition of Baseline and Threshold for Stockpile Life Extension Project.

Section 4713 of the Atomic Energy Defense Act (50 U.S.C. 2753) is amended—
(1)
in subsection (a)(1)(A), by adding after the period the following new sentence: “ In addition to the requirement under subparagraph (B), the cost and schedule baseline of a nuclear stockpile life extension project established under this subparagraph shall be the cost and schedule as described in the first Selected Acquisition Report submitted under section 4217(a) for the project.”; and
(2)
in subsection (b)(2), by striking “ 200” and inserting “ 150”.

SEC. 3116. Authorized Personnel Levels of National Nuclear Security Administration.

(a)
Full-time Equivalent Personnel Levels.— Subsection (a) of section 3241A of the National Nuclear Security Administration Act (50 U.S.C. 2441a) is amended—
(1)
in paragraph (1)—
(A)
by striking “ 2014” and inserting “ 2015”; and
(B)
by striking “ 1,825” and inserting “ 1,690”; and
(2)
in paragraph (2)—
(A)
by striking “ 2015” and inserting “ 2016”; and
(B)
by striking “ 1,825” and inserting “ 1,690”.
(b)
Definition.— Such section is further amended by adding at the end the following new subsection:

“(e) Office of the Administrator Employees.—In this section, the term ‘Office of the Administrator’, with respect to the employees of the Administration, includes employees whose funding is derived from an account of the Administration titled ‘Federal Salaries and Expenses’.”

SEC. 3117. Cost Estimation and Program Evaluation by National Nuclear Security Administration.

Section 3221(h) of the National Nuclear Security Administration Act (50 U.S.C. 2411(h)) is amended—
(1)
by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and
(2)
by inserting before paragraph (2), as so redesignated, the following new paragraph (1):

“(1) Administration.—The term ‘Administration’, with respect to any authority, duty, or responsibility provided by this section, does not include the Office of Naval Reactors.”

SEC. 3118. Cost Containment for Uranium Capabilities Replacement Project.

Section 3123 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2177), as amended by section 3126 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 1063), is further amended—
(1)
by striking subsections (g) and (h);
(2)
by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and
(3)
by striking subsection (d) and inserting the following new subsections:

“(d) Cost of Phase I.—

“(1) Limitation.—The total cost of Phase I under subsection (a) of the project referred to in that subsection may not exceed $4,200,000,000.

“(2) Adjustment.—If the Secretary determines the total cost of Phase I under subsection (a) of the project referred to in that subsection will exceed the amount set forth in paragraph (1), the Secretary may adjust that amount if, by not later than March 1, 2015, the Secretary submits to the congressional defense committees a detailed justification for the adjustment, including—

“(A) the amount of the adjustment and the proposed total cost of Phase I;

“(B) a detailed justification for the adjustment, including a description of the changes to the project that would be required for Phase I to not exceed the total cost set forth in paragraph (1);

“(C) a detailed description of the actions taken to hold appropriate contractors, employees of contractors, and employees of the Federal Government accountable for the repeated failures within the project;

“(D) a description of the clear lines of responsibility, authority, and accountability for the project as the project continues, including descriptions of the roles and responsibilities for each key Federal and contractor position; and

“(E) a detailed description of the structural reforms planned or implemented by the Secretary to ensure Phase I is executed on time and on schedule.

“(3) Annual certification.—Not later than March 1 of each year through 2025, the Secretary shall certify in writing to the congressional defense committees and the Secretary of Defense that Phase I under subsection (a) of the project referred to in that subsection will—

“(A) not exceed the total cost set forth in paragraph (1) (as adjusted pursuant to paragraph (2), if so adjusted); and

“(B) meet a schedule that enables, by not later than 2025—

“(i) uranium operations in building 9212 to cease; and

“(ii) uranium operations in a new facility constructed under the project to begin.

“(4) Report.—If the Secretary of Energy does not make a certification under paragraph (3) by March 1 of any year in which a certification is required under that paragraph, by not later than May 1 of that year, the Chairman of the Nuclear Weapons Council shall submit to the congressional defense committees a report that identifies the resources of the Department of Energy that the Chairman determines should be redirected to enable the Department of Energy to meet the total cost and schedule requirements described in subparagraphs (A) and (B) of that paragraph.

“(e) Technology Readiness Levels During Phase I.—

“(1) In general.—Critical decision 3 in the acquisition process may not be approved for Phase I under subsection (a) of the project referred to in that subsection until all processes (or substitute processes) that require Category I and II special nuclear material protection and are actively used to support the stockpile in building 9212—

“(A) are present in the facility to be built under Phase I with a technology readiness level of 7 or higher; or

“(B) can be accommodated in other facilities of the Y–12 National Security Complex with a technology readiness level of 7 or higher.

“(2) Technology readiness level defined.—In this subsection, the term ‘technology readiness level’ has the meaning given that term in Department of Energy Guide 413.3–4A (relating to technology readiness assessment).”

; and

(4)
in subsection (f), as redesignated by paragraph (2), by adding at the end the following new paragraph:

“(3) Report.—Not later than March 1, 2015, the Secretary of Energy and the Secretary of the Navy shall jointly submit to the congressional defense committees a report detailing the implementation of paragraphs (1) and (2), including—

“(A) a description of the program management, oversight, design, and other responsibilities for the project referred to in subsection (a) that are provided to the Commander of the Naval Facilities Engineering Command pursuant to paragraph (1); and

“(B) a description of the funding used by the Secretary under paragraph (2) to carry out paragraph (1).”

SEC. 3119. Production of Nuclear Warhead for Long-Range Standoff Weapon.

(a)
First Production Unit.— The Secretary of Energy shall deliver a first production unit for a nuclear warhead for the long-range standoff weapon by not later than September 30, 2025.
(b)
Authorization of One-year Delay.— The Secretary may delay the requirement under subsection (a) by not more than one year if the Commander of the United States Strategic Command certifies to the Chairman of the Nuclear Weapons Council (established by section 179 of title 10, United States Code) and the congressional defense committees that the delay—
(1)
is in the interest of national security; and
(2)
does not negatively affect the ability of the Commander to meet nuclear deterrence and assurance requirements.
(c)
Plan.—
(1)
Development.— The Secretary of Energy and the Secretary of Defense shall jointly develop a plan to carry out subsection (a).
(2)
Submission.— Not later than 180 days after the date of the enactment of this Act, the Secretaries shall jointly submit to the congressional defense committees the plan developed under paragraph (1).
(d)
Notification and Assessment.—
(1)
Notification.— If at any time the Secretary of Energy determines that the Secretary will not deliver a first production unit for a nuclear warhead for the long-range standoff weapon by not later than September 30, 2025 (or, if the authority under subsection (b) is exercised, September 30, 2026), the Secretary shall—
(A)
notify the congressional defense committees, the Secretary of Defense, and the Commander of the United States Strategic Command of such determination; and
(B)
include in the notification under subparagraph (A) an explanation for why the delivery will be delayed.
(2)
Assessment.— If the Secretary of Energy makes a notification under paragraph (1)(A), the Commander of the United States Strategic Command shall submit to the congressional defense committees an assessment of the delay described in the notification, including—
(A)
the effects of such delay to national security and nuclear deterrence and assurance; and
(B)
any mitigation options available.
(e)
Briefing.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Commander of the United States Strategic Command, shall provide to the congressional defense committees a briefing on the justification for the long-range standoff weapon, including—
(1)
why such weapon is needed, including any potential redundancies with existing weapons;
(2)
the estimated cost of such weapon; and
(3)
what warhead, existing or otherwise, is planned to be used for such weapon.

SEC. 3120. Disposition of Weapons-Usable Plutonium.

(a)
Mixed Oxide Fuel Fabrication Facility.—
(1)
In general.— Using funds described in paragraph (2), the Secretary of Energy shall carry out construction and project support activities relating to the MOX facility.
(2)
Funds described.— The funds described in this paragraph are the following:
(A)
Funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the National Nuclear Security Administration for the MOX facility for construction and project support activities.
(B)
Funds authorized to be appropriated for a fiscal year prior to fiscal year 2015 for the National Nuclear Security Administration for the MOX facility for construction and project support activities that are unobligated as of the date of the enactment of this Act.
(b)
Study.—
(1)
In general.— Not later than 30 days after the date of the enactment of this Act, the Secretary shall seek to enter into a contract with a federally funded research and development center to conduct a study to assess and validate the analysis of the Secretary with respect to surplus weapon-grade plutonium options.
(2)
Submission.— Not later than 180 days after the date of the enactment of this Act, the federally funded research and development center conducting the study under paragraph (1) shall submit to the Secretary a report on the study, including any findings and recommendations.
(c)
Report.—
(1)
Plan.— Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study conducted under subsection (b)(1).
(2)
Elements included.— The report under paragraph (1) shall include the following:
(A)
The report of the federally funded research and development center under subsection (b)(2), without change.
(B)
Identification of the alternatives to the MOX facility considered by the Secretary, including a life-cycle cost analysis for each such alternative.
(C)
Identification of the portions of such life cycle cost analyses that are common to all such alternatives.
(D)
Discussion on continuation of the MOX facility, including a future funding profile or a detailed discussion of selected alternatives determined appropriate by the Secretary for such discussion.
(E)
Discussion of the issues regarding implementation of such selected alternatives, including all regulatory and public acceptance issues, including interactions with affected States.
(F)
Explanation of how the alternatives to the MOX facility conform with the Plutonium Disposition Agreement, and if an alternative does not so conform, what measures must be taken to ensure conformance.
(G)
Identification of steps the Secretary would have to take to close out all activities related to the MOX facility, as well as the associated cost.
(H)
Any other matters the Secretary determines appropriate.
(d)
Exclusion of Certain Options.—
(1)
In general.— The study under subsection (b)(1) and the report under subsection (c)(1) shall not include any assessment or discussion of options that involve moving plutonium to a State where the Federal Government—
(A)
is not meeting all legally binding deadlines and milestones required under the Tri-Party Agreement and the Consent Decree;
(B)
has provided notification that any element of the Tri-Party Agreement or the Consent Decree is at risk of being breached; or
(C)
is in dispute resolution with the State regarding the Tri-Party Agreement or the Consent Decree.
(2)
Definitions.— In this subsection:
(A)
The term “Tri-Party Agreement” means the comprehensive cleanup and compliance agreement between the Secretary, the Administrator of the Environmental Protection Agency, and the State of Washington entered into on May 15, 1989.
(B)
The term “Consent Decree” means the legal agreement between the Secretary and the State of Washington finalized in 2010.
(e)
Definitions.— In this section:
(1)
The term “MOX facility” means the mixed-oxide fuel fabrication facility at the Savannah River Site, Aiken, South Carolina.
(2)
The term “Plutonium Disposition Agreement” means the Agreement Concerning the Management and Disposition of Plutonium Designated As No Longer Required for Defense Purposes and Related Cooperation, signed at Moscow and Washington August 29 and September 1, 2000, and entered into force July 13, 2011 (TIAS 11–713.1), between the United States and the Russian Federation.
(3)
The term “project support activities” means activities that support the design, long-lead equipment procurement, and site preparation of the MOX facility.

SEC. 3121. Limitation on Availability of Funds for Office of the Administrator for Nuclear Security.

(a)
Limitation.— Of the funds authorized to be appropriated for fiscal year 2015 by section 3101 and available for the Office of the Administrator as specified in the funding table in section 4701, or otherwise made available for that Office for that fiscal year, not more than 75 percent may be obligated or expended until—
(1)
the President transmits to Congress the matters required to be transmitted during 2015 under section 4205(f)(2) of the Atomic Energy Defense Act (50 U.S.C. 2525(f)(2));
(2)
the President transmits to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives the matters—
(A)
required to be transmitted during 2015 under section 1043 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1576), as most recently amended by section 1054 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 861); and
(B)
with respect to which the Secretary of Energy is responsible;
(3)
the Secretary submits to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives the report required to be submitted during 2015 under section 3122(b) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1710); and
(4)
the Administrator for Nuclear Security submits to the congressional defense committees the detailed report on the stockpile stewardship, management, and infrastructure plan required to be submitted during 2015 under section 4203(b)(2) of the Atomic Energy Defense Act (50 U.S.C. 2523(b)(2)).
(b)
Office of the Administrator Defined.— In this section, the term “Office of the Administrator”, with respect to accounts of the National Nuclear Security Administration, includes any account from which funds are derived for “Federal Salaries and Expenses”.

SEC. 3122. Limitation on Availability of Funds for Certain Nonproliferation Activities Between the United States and the Russian Federation.

(a)
Sense of Congress.— It is the sense of Congress that—
(1)
the United States should carry out nuclear nonproliferation activities in the Russian Federation only if those activities are consistent with and in support of the security interests of the United States; and
(2)
in carrying out any such activities after the date of the enactment of this Act, the Secretary of Energy should focus on only those activities that—
(A)
are in support of the arms control obligations of the United States and the Russian Federation; or
(B)
will reduce the threats posed by weapons of mass destruction and related materials and technology to the United States and countries in the Euro-Atlantic and Eurasian regions.
(b)
Completion of Material Protection, Control, and Accounting Activities in the Russian Federation.—
(1)
In general.— Except as provided in paragraph (2) or specifically authorized by Congress, international material protection, control, and accounting activities in the Russian Federation shall be completed not later than fiscal year 2018.
(2)
Exception.— The limitation in paragraph (1) shall not apply to international material protection, control, and accounting activities in the Russian Federation associated with the Agreement Concerning the Management and Disposition of Plutonium Designated as No Longer Required for Defense Purposes and Related Cooperation, signed at Moscow and Washington August 29 and September 1, 2000, and entered into force July 13, 2011 (TIAS 11–713.1), between the United States and the Russian Federation.
(c)
Limitation on Transfer of MILES Technology.— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the National Nuclear Security Administration may be used for the transfer of Multiple Integrated Laser Engagement System technology between the United States and the Russian Federation.

SEC. 3123. Identification of Amounts Required for Uranium Technology Sustainment in Budget Materials for Fiscal Year 2016.

The Administrator for Nuclear Security shall include, in the budget justification materials submitted to Congress in support of the budget of the President for fiscal year 2016 (as submitted to Congress under section 1105(a) of title 31, United States Code), specific identification, as a budgetary line item, of the amounts required for uranium technology sustainment in support of the nuclear weapons stockpile in a manner that minimizes the use of plant-directed research and development funds for full-scale technology development past a technology readiness level of 5 (as defined in Department of Energy Guide 413.3–4A (relating to technology readiness assessment)).

Subtitle C Plans and Reports

SEC. 3131. Analysis and Report on W88 Alt 370 Program High Explosives Options.

(a)
Report Required.— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy, the Administrator for Nuclear Security, and the Chairman of the Nuclear Weapons Council (established by section 179 of title 10, United States Code) shall jointly submit to the congressional defense committees a report on the W88 Alt 370 program that contains analyses of the costs, benefits, risks, and feasibility of each of the following options:
(1)
Incorporating a refresh of the conventional high explosives of the W88 warhead as part of such program.
(2)
Not incorporating such a refresh as part of such program.
(b)
Matters Included.— The report under subsection (a) shall include, for each option described in paragraphs (1) and (2) of subsection (a), an analysis of the following:
(1)
Near-term and lifecycle cost estimates, including costs to both the Navy and the National Nuclear Security Administration.
(2)
Potential cost avoidance.
(3)
Operational effects to the Navy and to the capacity and throughput of the nuclear security enterprise (as defined in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501)) of the National Nuclear Security Administration.
(4)
The expected longevity of the W88 warhead.
(5)
Near-term and long-term safety and security risks and potential risk-mitigation measures.
(6)
Any other matters the Secretary, the Administrator, or the Chairman considers appropriate.

SEC. 3132. Analysis of Existing Facilities and Sense of Congress with Respect to Plutonium Strategy.

(a)
Analysis Required.— The Administrator for Nuclear Security shall include, as part of the Administrator’s planned analysis of alternatives to support the plutonium strategy of the National Nuclear Security Administration, an analysis of using or modifying existing facilities of the nuclear security enterprise (as defined in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501)) to support that strategy, as part of critical decision 1 in the acquisition process for the design and construction of modular structures associated with operations of the PF–4 facility at Los Alamos National Laboratory, Los Alamos, New Mexico.
(b)
Matters Included.— The analysis required by subsection (a) shall include an analysis of the following:
(1)
The costs, benefits, cost savings, risks, and effects of using or modifying existing facilities of the nuclear security enterprise to support the plutonium strategy of the Administration.
(2)
Such other matters as the Administrator considers appropriate.
(c)
Submission.— The Administrator shall submit the analysis required by subsection (a) to the congressional defense committees not later than 30 days after completing the analysis.
(d)
Sense of Congress.— It is the sense of Congress that the requirement to create a modern, responsive plutonium infrastructure is a national security priority, and that the Administrator must fulfill the obligations of the Administrator under section 3114(c) of the National Defense Authorization Act for Fiscal Year 2013 (50 U.S.C. 2535 note), as well as the commitment made by the Chairman of the Nuclear Weapons Council (established by section 179 of title 10, United States Code) in the letter of the Chairman, dated July 25, 2014, to the Committees on Armed Services of the Senate and the House of Representatives, to carry out a modular building strategy for plutonium capabilities that—
(1)
meets the requirements for maintaining the nuclear weapons stockpile over a 30-year period;
(2)
meets the requirements for implementation of a responsive infrastructure, including meeting plutonium pit production requirements; and
(3)
includes plans to construct two modular structures that will achieve full operating capability not later than 2027.

SEC. 3133. Plan for Verification and Monitoring of Proliferation of Nuclear Weapons and Fissile Material.

(a)
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 an interagency plan for verification and monitoring relating to the potential proliferation of nuclear weapons, components of such weapons, and fissile material.
(b)
Elements.— The plan developed under subsection (a) shall include the following:
(1)
An interagency plan and road map for verification and monitoring, with respect to policy, operations, and research, development, testing, and evaluation, including—
(A)
identifying requirements (including funding requirements) for such verification and monitoring; and
(B)
identifying and integrating roles, responsibilities, and planning for such verification and monitoring.
(2)
An engagement plan for building cooperation and transparency to improve inspections and monitoring.
(3)
A research and development program to—
(A)
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)
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.
(c)
Submission.—
(1)
In general.— Not later than September 1, 2015, the President shall submit to the appropriate congressional committees the plan developed under subsection (a).
(2)
Appropriate congressional committees defined.— In this subsection, the term “appropriate congressional committees” means the following:
(A)
The congressional defense committees.
(B)
The Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.
(C)
The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
(D)
The Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives.
(E)
The Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.

SEC. 3134. Comments of Administrator for Nuclear Security and Chairman of Nuclear Weapons Council on Final Report of Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise.

Not later than 90 days after the date of the enactment of this Act, the Administrator for Nuclear Security and the Chairman of the Nuclear Weapons Council (established by section 179 of title 10, United States Code) shall each submit to the congressional defense committees the comments of the Administrator or the Chairman, as the case may be, with respect to the findings, conclusions, and recommendations included in the final report of the Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise under section 3166(d)(2) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2209), as amended by section 3142 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 1069).

Subtitle D Other Matters

SEC. 3141. Establishment of Advisory Board on Toxic Substances and Worker Health; Extension of Authority of Office of Ombudsman for Energy Employees Occupational Illness Compensation Program.

(a)
Advisory Board on Toxic Substances and Worker Health.— Subtitle E of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385o et seq.) is amended by adding at the end the following:

“SEC. 3687. ADVISORY BOARD ON TOXIC SUBSTANCES AND WORKER HEALTH.

“(a) Establishment.—

(1) Not later than 120 days after the date of the enactment of this section, the President shall establish and appoint an Advisory Board on Toxic Substances and Worker Health (in this section referred to as the ‘Board’).

“(2) The President shall make appointments to the Board in consultation with organizations with expertise on worker health issues in order to ensure that the membership of the Board reflects a proper balance of perspectives from the scientific, medical, and claimant communities.

“(3) The President shall designate a Chair of the Board from among its members.

“(b) Duties.—The Board shall—

“(1) advise the Secretary of Labor with respect to—

“(A) the site exposure matrices of the Department of Labor;

“(B) medical guidance for claims examiners for claims under this subtitle with respect to the weighing of the medical evidence of claimants;

“(C) evidentiary requirements for claims under subtitle B related to lung disease; and

“(D) the work of industrial hygienists and staff physicians and consulting physicians of the Department and reports of such hygienists and physicians to ensure quality, objectivity, and consistency; and

“(2) coordinate exchanges of data and findings with the Advisory Board on Radiation and Worker Health established under section 3624 to the extent necessary.

“(c) Staff and Powers.—

(1) The President shall appoint a staff to facilitate the work of the Board. The staff of the Board shall be headed by a Director, who shall be appointed under subchapter VIII of chapter 33 of title 5, United States Code.

“(2) The President may authorize the detail of employees of Federal agencies to the Board as necessary to enable the Board to carry out its duties under this section. The detail of such personnel may be on a nonreimbursable basis.

“(3) The Secretary may employ outside contractors and specialists to support the work of the Board.

“(d) Conflicts of Interest.—No member, employee, or contractor of the Board shall have any financial interest, employment, or contractual relationship (other than a routine consumer transaction) with any person that has provided, or sought to provide during the two years preceding the appointment or during the service of the member, employee, or contractor under this section, goods or services related to medical benefits under this title.

“(e) Expenses.—Members of the Board, other than full-time employees of the United States, while attending meetings of the Board or while otherwise serving at the request of the President, and while serving away from their homes or regular places of business, shall be allowed travel and meal expenses, including per diem in lieu of subsistence (as authorized by section 5703 of title 5, United States Code) for individuals in the Federal Government serving without pay.

“(f) Security Clearances.—

(1) The Secretary of Energy shall ensure that the members and staff of the Board, and the contractors performing work in support of the Board, are afforded the opportunity to apply for a security clearance for any matter for which such a clearance is appropriate.

“(2) The Secretary of Energy should, not later than 180 days after receiving a completed application for a security clearance for an individual under this subsection, make a determination of whether or not the individual is eligible for the clearance.

“(3) For fiscal year 2016 and each fiscal year thereafter, the Secretary of Energy shall include in the budget justification materials submitted to Congress in support of the Department of Energy budget for that fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a report specifying the number of applications for security clearances under this subsection, the number of such applications granted, and the number of such applications denied.

“(g) Information.—The Secretary of Energy shall, in accordance with law, provide to the Board and the contractors of the Board, access to any information that the Board considers relevant to carry out its responsibilities under this section, including information such as Restricted Data (as defined in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y))) and information covered by section 552a of title 5, United States Code (commonly known as the ‘Privacy Act’).

“(h) Authorization of Appropriations.—

“(1) In general.—There are authorized to be appropriated such sums as may be necessary to carry out this section.

“(2) Treatment as discretionary spending.—Amounts appropriated to carry out this section—

“(A) shall not be appropriated to the account established under subsection (a) of section 151 of title I of division B of Appendix D of the Consolidated Appropriations Act, 2001 (Public Law 106–554; 114 Stat. 2763A–251); and

“(B) shall not be subject to subsection (b) of that section.

“(i) Sunset.—The Board shall terminate on the date that is 5 years after the date of the enactment of this section.”

(b)
Department of Labor Response to the Office of the Ombudsman Annual Report; Extension of Authority.— Section 3686 of such Act (42 U.S.C. 7385s–15) is amended—
(1)
in subsection (e)—
(A)
in paragraph (1), by striking “ February 15” and inserting “ July 30”; and
(B)
by adding at the end the following:

“(4) Not later than 180 days after the submission to Congress of the annual report under paragraph (1), the Secretary shall submit to Congress in writing, and post on the public Internet website of the Department of Labor, a response to the report that—

“(A) includes a statement of whether the Secretary agrees or disagrees with the specific issues raised by the Ombudsman in the report;

“(B) if the Secretary agrees with the Ombudsman on those issues, describes the actions to be taken to correct those issues; and

“(C) if the Secretary does not agree with the Ombudsman on those issues, describes the reasons the Secretary does not agree.”

; and

(2)
in subsection (h), by striking “ 2012” and inserting “ 2019”.

SEC. 3142. Technical Corrections to Atomic Energy Defense Act.

(a)
Definitions.— Section 4002(3) of the Atomic Energy Defense Act (50 U.S.C. 2501(3)) is amended by striking “ Executive Order No. 12333 of December 4, 1981 (50 U.S.C. 401 note), Executive Order No. 12958 of April 17, 1995 (50 U.S.C. 435 note),” and inserting “ Executive Order No. 12333 of December 4, 1981 (50 U.S.C. 3001 note), Executive Order No. 12958 of April 17, 1995 (50 U.S.C. 3161 note), Executive Order No. 13526 of December 29, 2009 (50 U.S.C. 3161 note),”.
(b)
Management Structure.— Section 4102(b)(3) of such Act (50 U.S.C. 2512(b)(3)) is amended—
(1)
in the matter preceding subparagraph (A), by striking “ for improving the”;
(2)
in subparagraph (A), by inserting “ for improving the” before “ governance”; and
(3)
in subparagraph (B), by inserting “ relating to” before “ any other”.
(c)
Stockpile Stewardship.— Section 4203(d)(4)(A)(i) of such Act (50 U.S.C. 2523(d)(4)(A)(i)) is amended by striking “ 50 U.S.C. 404a” and inserting “ 50 U.S.C. 3043”.
(d)
Reports on Stockpile.— Section 4205(b)(2) of such Act (50 U.S.C. 2525(b)(2)) is amended by striking “ commander” and inserting “ Commander”.
(e)
Advice on Reliability of Stockpile.— Section 4218 of such Act (50 U.S.C. 2538) is amended—
(1)
in subsection (d), by striking “ commander” and inserting “ Commander”; and
(2)
in subsection (e)(1), by striking “ representatives” and inserting “ a representative”.
(f)
Disposition of Certain Plutonium.— Section 4306 of such Act (50 U.S.C. 2566) is amended—
(1)
in subsection (b)(6)(C), by striking “ paragraph (A)” and inserting “ subparagraph (A)”;
(2)
in subsection (c)(2), by striking “ 2002” and inserting “ 2002,”; and
(3)
in subsection (d)(3), by inserting “ of Energy” after “ Department”.
(g)
Defense Environmental Cleanup Technology Program.— Section 4406(a) of such Act (50 U.S.C. 2586(a)) is amended—
(1)
by inserting an em dash after “ useful for”;
(2)
by realigning paragraphs (1) and (2) so as to be indented two ems from the left margin; and
(3)
in paragraph (1), by striking “ , and” and inserting “ ; and”.
(h)
Report on Hanford Tank Safety.— Section 4441 of such Act (50 U.S.C. 2621) is amended by striking subsection (d).
(i)
Limitation on Use of Funds in Relation to F–Canyon Facility.— Section 4454 of such Act (50 U.S.C. 2638) is amended in paragraphs (1) and (2) by inserting “ of” after “ assessment”.
(j)
Inspections of Certain Facilities.— Section 4501(a) of such Act (50 U.S.C. 2651(a)) is amended by striking “ nuclear weapons facility” and inserting “ national security laboratory or nuclear weapons production facility”.
(k)
Notice Relating to Certain Failures.— Section 4505 of such Act (50 U.S.C. 2656) is amended—
(1)
in subsection (b), by striking the subsection heading and inserting the following: “ Significant Atomic Energy Defense Intelligence Losses”; and
(2)
in subsection (e)(2), by striking “ 50 U.S.C. 413” and inserting “ 50 U.S.C. 3091”.
(l)
Review of Certain Documents Before Declassification and Release.— Section 4521(b) of such Act (50 U.S.C. 2671(b)) is amended by striking “ Executive Order 12958” and inserting “ Executive Order No. 13526 (50 U.S.C. 3161 note)”.
(m)
Protection Against Release of Restricted Data.— Section 4522 of such Act (50 U.S.C. 2672) is amended—
(1)
in subsection (a), by striking “ Executive Order No. 12958 (50 U.S.C. 435 note)” and inserting “ Executive Order No. 13526 (50 U.S.C. 3161 note)”;
(2)
in subsection (b)(1), by striking “ Executive Order No. 12958” and inserting “ Executive Order No. 13526”; and
(3)
in subsection (f)(2), by striking “ Executive Order No. 12958” and inserting “ Executive Order No. 13526”.
(n)
Identification of Declassification Activities in Budget Materials.— Section 4525(a) of such Act (50 U.S.C. 2675(a)) is amended by striking “ Executive Order No. 12958 (50 U.S.C. 435 note)” and inserting “ Executive Order No. 13526 (50 U.S.C. 3161 note)”.
(o)
Workforce Restructuring Plan.— Section 4604(f)(3) of such Act (50 U.S.C. 2704(f)(3)) is amended by striking “ Nevada and” and inserting “ Nevada, and”.
(p)
Availability of Funds.— Section 4709(b) of such Act (50 U.S.C. 2749(b)) is amended by striking “ athorization” and inserting “ authorization”.
(q)
Transfer of Defense Environmental Cleanup Funds.— Section 4710(b)(3)(B) of such Act (50 U.S.C. 2750(b)(3)(B)) is amended by striking “ management” and inserting “ cleanup”.
(r)
Restriction on Use of Funds to Pay Certain Penalties.— Section 4722 of such Act (50 U.S.C. 2762) is amended—
(1)
by inserting an em dash after “ Department of Energy if”;
(2)
by realigning paragraphs (1) and (2) so as to be indented two ems from the left margin; and
(3)
in paragraph (1), by striking “ , or” and inserting “ ; or”.
(s)
Enhanced Procurement Authority.— Section 4806(g)(1) of such Act (50 U.S.C. 2786(g)(1)) is amended by striking “ the date that is 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014” and inserting “ June 24, 2014”.
(t)
Critical Technology Partnerships.— Section 4813(a) of such Act (50 U.S.C. 2794(a)) is amended by striking “ that atomic energy defense activities research on, and development of, any dual-use critical technology” and inserting “ that research on and development of dual-use critical technology carried out through atomic energy defense activities”.
(u)
Research and Development by Certain Facilities.— Section 4832(a) of such Act (50 U.S.C. 2812(a)) is amended by striking “ for Nuclear Security”.
(v)
Table of Contents.— The table of contents for such Act is amended by striking the item relating to section 4710 and inserting the following:

“Sec. 4710. Transfer of defense environmental cleanup funds.”.

SEC. 3143. Technical Corrections to National Nuclear Security Administration Act.

(a)
Status of Certain Personnel.— Section 3220(c) of the National Nuclear Security Administration Act (50 U.S.C. 2410(c)) is amended—
(1)
by inserting an em dash after “ activities between”;
(2)
by realigning paragraphs (1) and (2) so as to be indented two ems from the left margin; and
(3)
in paragraph (1), by striking “ , and” and inserting “ ; and”.
(b)
Congressional Oversight of Certain Programs.— Section 3236(a)(2)(B)(iv) of such Act (50 U.S.C. 2426(a)(2)(B)(iv)) is amended—
(1)
by inserting an em dash after “ program for”;
(2)
by realigning subclauses (I), (II), and (III) so as to be indented six ems from the left margin;
(3)
in subclause (I), by striking “ year,” and inserting “ year;”; and
(4)
in subclause (II), by striking “ , and” and inserting “ ; and”.

SEC. 3144. Technology Commercialization Fund.

Section 1001(e) of the Energy Policy Act of 2005 (42 U.S.C. 16391(e)) is amended by inserting “ based on future planned activities and the amount of the appropriations for the fiscal year” after “ fiscal year”.

TITLE XXXII Defense Nuclear Facilities Safety Board

SEC. 3201. Authorization.

There are authorized to be appropriated for fiscal year 2015, $29,150,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).

SEC. 3202. Inspector General of Defense Nuclear Facilities Safety Board.

Subsection (a) of section 322 of the Atomic Energy Act of 1954 (42 U.S.C. 2286k(a)) is amended to read as follows:

“(a) In General.—The Inspector General of the Nuclear Regulatory Commission shall serve as the Inspector General of the Board, in accordance with the Inspector General Act of 1978 (5 U.S.C. App.).”

SEC. 3203. Number of Employees of Defense Nuclear Facilities Safety Board.

(a)
In General.— Section 313(b)(1)(A) of the Atomic Energy Act of 1954 (42 U.S.C. 2286b(b)(1)(A)) is amended by striking “ 150 full-time employees” and inserting “ 130 full-time employees”.
(b)
Effective Date.— The amendment made by subsection (a) shall take effect on October 1, 2015.

TITLE XXXIV Naval Petroleum Reserves

SEC. 3401. Authorization of Appropriations.

(a)
Amount.— There are hereby authorized to be appropriated to the Secretary of Energy $19,950,000 for fiscal year 2015 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 Administration

SEC. 3501. Authorization of Appropriations for National Security Aspects of the Merchant Marine for Fiscal Year 2015.

Funds are hereby authorized to be appropriated for fiscal year 2015, to be available without fiscal year limitation if so provided in appropriations Acts, for the use of the Department of Transportation for Maritime Administration programs associated with maintaining national security aspects of the merchant marine, as follows:
(1)
For expenses necessary for operations of the United States Merchant Marine Academy, $79,790,000, of which—
(A)
$65,290,000 shall remain available until expended for Academy operations;
(B)
$14,500,000 shall remain available until expended for capital asset management at the Academy.
(2)
For expenses necessary to support the State maritime academies, $17,650,000, of which—
(A)
$2,400,000 shall remain available until expended for student incentive payments;
(B)
$3,600,000 shall remain available until expended for direct payments to such academies;
(C)
$11,300,000 shall remain available until expended for maintenance and repair of State maritime academy training vessels; and
(D)
$350,000 shall remain available until expended for improving the monitoring of graduates’ service obligation.
(3)
For expenses necessary to support Maritime Administration operations and programs, $50,960,000.
(4)
For expenses necessary to dispose of vessels in the National Defense Reserve Fleet, $4,800,000, to remain available until expended.
(5)
For expenses 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, $186,000,000.
(6)
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 authorized by chapter 537 of title 46, United States Code, $73,100,000, of which $3,100,000 shall remain available until expended for administrative expenses of the program.

SEC. 3502. Floating Dry Docks.

(a)
In General.— Chapter 551 of title 46, United States Code, is amended by adding at the end the following new section:

Ҥ 55122. Floating dry docks

“(a) In General.—Section 55102 of this title does not apply to the movement of a floating dry dock if—

“(1) the floating dry dock—

“(A) is being used to launch or raise a vessel in connection with the construction, maintenance, or repair of that vessel;

“(B) is owned and operated by—

“(i) a shipyard located in the United States that is an eligible owner specified under section 12103(b) of this title; or

“(ii) an affiliate of such a shipyard; and

“(C) was owned or contracted for purchase by such shipyard or affiliate prior to the date of the enactment of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015; and

“(2) the movement occurs within 5 nautical miles of the shipyard or affiliate that owns and operates such floating dry dock.

“(b) Definition.—In this section, the term ‘floating dry dock’ means equipment with wing walls and a fully submersible deck.”

(b)
Clerical Amendment.— The analysis for chapter 551 of title 46, United States Code, is amended by adding at the end the following new item:

“55122. Floating dry docks.”.

SEC. 3503. Sense of Congress on the Role of Domestic Maritime Industry in National Security.

(a)
Findings.— Congress finds that—
(1)
the United States domestic maritime industry carries hundreds of million of tons of cargo annually, supports nearly 500,000 jobs, and provides nearly 100 billion in annual economic output;
(2)
the Nation’s military sealift capacity will benefit from one of the fastest growing segments of the domestic trades, 14 domestic trade tankers that are on order to be constructed at United States shipyards as of February 1, 2014;
(3)
the domestic trades’ vessel innovations that transformed worldwide maritime commerce include the development of containerships, self-unloading vessels, articulated tug-barges, trailer barges, chemical parcel tankers, railroad-on-barge carfloats, and river flotilla towing systems;
(4)
the national security benefits of the domestic maritime industry are unquestioned as the Department of Defense depends on United States domestic trades’ fleet of container ships, roll-on/roll-off ships, and product tankers to carry military cargoes;
(5)
the Department of Defense benefits from a robust commercial shipyard and ship repair industry and current growth in that sector is particularly important as Federal budget cuts may reduce the number of new constructed military vessels; and
(6)
the domestic fleet is essential to national security and was a primary source of mariners needed to crew United States Government-owned sealift vessels activated from reserve status during Operations Enduring Freedom and Iraqi Freedom in the period 2002 through 2010.
(b)
Sense of Congress.— It is the sense of Congress that United States coastwise trade laws promote a strong domestic trade maritime industry, which supports the national security and economic vitality of the United States and the efficient operation of the United States transportation system.

SEC. 3504. United States Merchant Marine Academy Board of Visitors.

(a)
In General.— Section 51312 of title 46, United States Code, is amended to read as follows:

Ҥ 51312. Board of Visitors

“(a) In General.—There shall be a Board of Visitors to the United States Merchant Marine Academy (referred to in this section as the ‘Board’ and the ‘Academy’, respectively) to provide independent advice and recommendations on matters relating to the United States Merchant Marine Academy.

“(b) Membership.—

“(1) In general.—The Board shall be composed of—

“(A) 2 Senators appointed by the Chairman of the Committee on Commerce, Science, and Transportation of the Senate in consultation with the ranking member of such Committee;

“(B) 3 Members of the House of Representatives appointed by the Chairman of the Committee on Armed Services of the House of Representatives in consultation with the ranking member of such Committee;

“(C) 1 Senator appointed by the Vice President, who shall be a member of the Committee on Appropriations of the Senate;

“(D) 2 Members of the House of Representatives appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader, at least 1 of whom shall be a member of the Committee on Appropriations of the House of Representatives;

“(E) 5 individuals appointed by the President; and

“(F) as ex officio members—

“(i) the Commander of the Military Sealift Command;

“(ii) the Deputy Commandant for Operations of the Coast Guard;

“(iii) the chairman of the Committee on Commerce, Science, and Transportation of the Senate;

“(iv) the chairman of the Committee on Armed Services of the House of Representatives;

“(v) the chairman of the Advisory Board to the Academy established under section 51313; and

“(vi) the Member of the House of Representatives for the congressional district in which the Academy is located, as a nonvoting member, unless such Member of the House of Representatives is appointed as a voting member of the Board under subparagraph (B) or (D).

“(2) Presidential appointees.—Of the individuals appointed by the President under paragraph (1)(E)—

“(A) at least 2 shall be graduates of the Academy;

“(B) at least 1 shall be a senior corporate officer from a United States maritime shipping company that participates in the Maritime Security Program, or in any Maritime Administration program providing incentives for companies to register their vessels in the United States, and this appointment shall rotate biennially among such companies; and

“(C) 1 or more may be a Senate-confirmed Presidential appointee, a member of the Senior Executive Service, or an officer of flag-rank who from the Coast Guard, the National Oceanic and Atmospheric Administration, or any of the military services that commission graduates of the Academy, other than the individuals who are members of the Board under clauses (i) and (ii) of paragraph (1)(F).

“(3) Term of service.—

“(A) In general.—Except as provided in subparagraph (B), each member of the Board, other than an ex officio member under paragraph (1)(F), shall serve for a term of 2 years commencing at the beginning of each Congress.

“(B) Continuation of service.—Any member described in subparagraph (A) whose term on the Board has expired, other than a member appointed under any of subparagraphs (A) through (D) of paragraph (1) who is no longer a Member of Congress, shall continue to serve until a successor is appointed.

“(4) Vacancies.—If a member of the Board is no longer able to serve on the Board or resigns, the Designated Federal Officer selected under subsection (g)(2) shall immediately notify the person who appointed such member. Not later than 60 days after that notification, such person shall designate a replacement to serve the remainder of such member’s term.

“(5) Designation and responsibility of substitute board members.—

“(A) Authority to designate.—A member of the Board under clause (i) or (ii) of paragraph (1)(F) or appointed under subparagraph (B) or (C) of paragraph (2) may, if unable to attend or participate in an activity described in subsection (d), (e), or (f), designate another individual to serve as a substitute member of the Board, on a temporary basis, to attend or participate in such activity.

“(B) Requirements.—A substitute member of the Board designated under subparagraph (A) shall be—

“(i) an individual serving in a position for which the individual was appointed by the President and confirmed by the Senate;

“(ii) a member of the Senior Executive Service; or

“(iii) an officer of flag-rank who is employed by—

“(I) the Coast Guard; or

“(II) the Military Sealift Command.

“(C) Participation.—A substitute member of the Board designated under subparagraph (A)—

“(i) shall be permitted by the Board to fully participate in the proceedings and activities of the Board;

“(ii) shall report to the member that designated the substitute member on the Board’s activities not later than 15 days following the substitute member’s participation in such activities; and

“(iii) shall be permitted by the Board to participate in the preparation of reports described in paragraph (j) related to any proceedings or activities of the Board in which such substitute member participates.

“(c) Chairperson.—

“(1) In general.—On a biennial basis and subject to paragraph (2), the Board shall select from among its members a Member of the House of Representatives or a Senator to serve as the Chairperson.

“(2) Rotation.—A Member of the House of Representatives and a Member of the Senate shall alternately be selected as the Chairperson of the Board.

“(3) Term.—An individual may not serve as Chairperson for consecutive terms.

“(d) Meetings.—

“(1) In general.—The Board shall meet as provided for in the Charter adopted under paragraph (2)(B), including at least 1 meeting held at the Academy.

“(2) Chairperson and charter.—The Designated Federal Officer selected under subsection (g)(2) shall organize a meeting of the Board for the purposes of—

“(A) selecting a Chairperson under subsection (c); and

“(B) adopting an official Charter for the Board, which shall establish the schedule of meetings of the Board.

“(e) Visiting the Academy.—

“(1) Annual visit.—The Board shall visit the Academy annually on a date selected by the Board, in consultation with the Secretary of Transportation and the Superintendent of the Academy.

“(2) Other visits.—In cooperation with the Superintendent, the Board or its members may make other visits to the Academy in connection with the duties of the Board.

“(3) Access.—While visiting the Academy under this subsection, members of the Board shall have reasonable access to the grounds, facilities, midshipmen, faculty, staff, and other personnel of the Academy for the purpose of carrying out the duties of the Board.

“(f) Responsibility.—The Board shall inquire into the state of morale and discipline, the curriculum, instruction, physical equipment, fiscal affairs, and academic methods of the Academy, and other matters relating to the Academy that the Board decides to consider.

“(g) Department of Transportation Support.—The Secretary of Transportation shall—

“(1) provide support as deemed necessary by the Board for the performance of the Board’s functions;

“(2) select a Designated Federal Officer to support the performance of the Board’s functions; and

“(3) in cooperation with the Maritime Administrator and the Superintendent of the Academy, advise the Board of any institutional issues, consistent with applicable laws concerning the disclosure of information.

“(h) Staff.—Each of the chairman of the Committee on Commerce, Science, and Transportation of the Senate and the chairman of the Committee on Armed Services of the House of Representatives may designate staff members of such Committee to serve, without additional reimbursement (except as provided in subsection (i)), as staff for the Board.

“(i) Travel Expenses.—While serving away from his or her home or regular place of business, a member of the Board or a staff member designated under subsection (h) shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 5703 of title 5, United States Code.

“(j) Reports.—

“(1) Annual report.—Not later than 60 days after each annual visit required under subsection (e)(1), the Board shall submit to the President a written report of its actions, views, and recommendations pertaining to the Academy.

“(2) Other reports.—If the members of the Board visit the Academy under subsection (e)(2), the Board may—

“(A) prepare a report on such visit; and

“(B) if approved by a majority of the members of the Board, submit such report to the President not later than 60 days after the date of the approval.

“(3) Advisors.—The Board may call in advisers—

“(A) for consultation regarding the execution of the Board’s responsibility under subsection (f); or

“(B) to assist in the preparation of a report described in paragraph (1) or (2).

“(4) Submission.—A report submitted to the President under paragraph (1) or (2) shall be concurrently submitted to—

“(A) the Secretary of Transportation;

“(B) the Committee on Commerce, Science, and Transportation of the Senate; and

“(C) the Committee on Armed Services of the House of Representatives.”

(b)
Deadlines.—
(1)
Selection of designated federal officer.— The Secretary of Transportation shall select a Designated Federal Officer under subsection (g)(2) of section 51312 of title 46, United States Code, as amended by this Act, by not later than 30 days after the date of the enactment of this Act.
(2)
Appointment of members.— Appointments under subsection (b)(1) of such section shall be completed by not later than 60 days after the date of the enactment of this Act.
(3)
Organization of first meeting.— Such Designated Federal Officer shall organize a meeting of the Board under section (d)(2) of such section by not later than 60 days after the date of the enactment of this Act.
(c)
Continuation of Service of Current Members.— Each member of the Board of Visitors serving as a member of the Board on the date of the enactment of this Act shall continue to serve on the Board for the remainder of such member’s term.