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

114th Congress · Approved Dec 23, 2016 · 130 Stat. 2000 · Lineage

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 2017 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 17–D–630, Expand Electrical Distribution System, Lawrence Livermore National Laboratory, Livermore, California, $25,000,000. Project 17–D–640, U1a Complex Enhancements Project, Nevada National Security Site, Mercury, Nevada, $11,500,000. Project 17–D–911, BL Fire System Upgrade, Bettis Atomic Power Laboratory, West Mifflin, Pennsylvania, $1,400,000.

SEC. 3102. Defense Environmental Cleanup.

(a)

Authorization of Appropriations.— Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2017 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 project: Project 17–D–401, Saltstone Disposal Unit #7, Savannah River Site, Aiken, South Carolina, $9,729,000.

SEC. 3103. Other Defense Activities.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2017 for other defense activities in carrying out programs as specified in the funding table in section 4701.

SEC. 3104. Nuclear Energy.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2017 for nuclear energy as specified in the funding table in section 4701.

Subtitle B Program Authorizations, Restrictions, and Limitations

SEC. 3111. Independent Acquisition Project Reviews of Capital Assets Acquisition Projects.

(a)

In General.— Subtitle C of title XLVII of the Atomic Energy Defense Act (50 U.S.C. 2772) is amended by inserting after section 4732 the following new section:

“SEC. 4733. INDEPENDENT ACQUISITION PROJECT REVIEWS OF CAPITAL ASSETS ACQUISITION PROJECTS.

“(a) Reviews.—The appropriate head shall ensure that an independent entity conducts reviews of each capital assets acquisition project as the project moves toward the approval of each of critical decision 0, critical decision 1, and critical decision 2 in the acquisition process.

“(b) Pre-critical Decision 1 Reviews.—In addition to any other matters, with respect to each review of a capital assets acquisition project under subsection (a) that has not reached critical decision 1 approval in the acquisition process, such review shall include—

“(1) a review using best practices of the analysis of alternatives for the project; and

“(2) identification of any deficiencies in such analysis of alternatives for the appropriate head to address.

“(c) Independent Entities.—The appropriate head shall ensure that each review of a capital assets acquisition project under subsection (a) is conducted by an independent entity with the appropriate expertise with respect to the project and the stage in the acquisition process of the project.

“(d) Definitions.—In this section:

“(1) The term ‘acquisition process’ means the acquisition process for a project, as defined in Department of Energy Order 413.3B (relating to project management and project management for the acquisition of capital assets), or a successor order.

“(2) The term ‘appropriate head’ means—

“(A) the Administrator, with respect to capital assets acquisition projects of the Administration; and

“(B) the Assistant Secretary of Energy for Environmental Management, with respect to capital assets acquisition projects of the Office of Environmental Management.

“(3) The term ‘capital assets acquisition project’ means a project—

“(A) the total project cost of which is more than $500,000,000; and

“(B) that is covered by Department of Energy Order 413.3, or a successor order, for the acquisition of capital assets for atomic energy defense activities.”

(b)

Clerical Amendment.— The table of contents for such Act is amended by inserting after the item relating to section 4732 the following new item:

“Sec. 4733. Independent acquisition project reviews of capital assets acquisition projects.”.

SEC. 3112. Protection of Certain Nuclear Facilities and Assets from Unmanned Aircraft.

(a)

In General.— Subtitle A of title XLV of the Atomic Energy Defense Act (50 U.S.C. 2651 et seq.) is amended by adding at the end the following new section:

“SEC. 4510. PROTECTION OF CERTAIN NUCLEAR FACILITIES AND ASSETS FROM UNMANNED AIRCRAFT.

“(a) Authority.—Notwithstanding any provision of title 18, United States Code, the Secretary of Energy may take such actions described in subsection (b)(1) that are necessary to mitigate the threat (as defined by the Secretary of Energy, in consultation with the Secretary of Transportation) that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset.

“(b) Actions Described.—

(1) The actions described in this paragraph are the following:

“(A) Detect, identify, monitor, and track the unmanned aircraft system or unmanned aircraft, without prior consent, including by means of intercept or other access of a wire, oral, or electronic communication used to control the unmanned aircraft system or unmanned aircraft.

“(B) Warn the operator of the unmanned aircraft system or unmanned aircraft, including by passive or active, and direct or indirect physical, electronic, radio, and electromagnetic means.

“(C) Disrupt control of the unmanned aircraft system or unmanned aircraft, without prior consent, including by disabling the unmanned aircraft system or unmanned aircraft by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft system or unmanned aircraft.

“(D) Seize or exercise control of the unmanned aircraft system or unmanned aircraft.

“(E) Seize or otherwise confiscate the unmanned aircraft system or unmanned aircraft.

“(F) Use reasonable force to disable, damage, or destroy the unmanned aircraft system or unmanned aircraft.

“(2) The Secretary of Energy shall develop the actions described in paragraph (1) in coordination with the Secretary of Transportation.

“(c) Forfeiture.—Any unmanned aircraft system or unmanned aircraft described in subsection (a) that is seized by the Secretary of Energy is subject to forfeiture to the United States.

“(d) Regulations.—The Secretary of Energy and the Secretary of Transportation may prescribe regulations and shall issue guidance in the respective areas of each Secretary to carry out this section.

“(e) Definitions.—In this section:

“(1) The term ‘covered facility or asset’ means any facility or asset that is—

“(A) identified by the Secretary of Energy for purposes of this section;

“(B) located in the United States (including the territories and possessions of the United States); and

“(C) owned by the United States or contracted to the United States, to store or use special nuclear material.

“(2) The terms ‘unmanned aircraft’ and ‘unmanned aircraft system’ have the meanings given those terms in section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 note).”

(b)

Clerical Amendment.— The table of contents for such Act is amended by inserting after the item relating to section 4509 the following new item:

“Sec. 4510. Protection of certain nuclear facilities and assets from unmanned aircraft.”.

SEC. 3113. Common Financial Reporting System for the Nuclear Security Enterprise.

(a)

In General.— By not later than four years after the date of the enactment of this Act, the Administrator for Nuclear Security shall, in consultation with the National Nuclear Security Administration Council established by section 4102(b) of the Atomic Energy Defense Act (50 U.S.C. 2512(b)), complete, to the extent practicable, the implementation of a common financial reporting system for the nuclear security enterprise.

(b)

Elements.— The common financial reporting system implemented pursuant to subsection (a) shall include the following:

(1)

Common data reporting requirements for work performed using funds of the National Nuclear Security Administration, including reporting of financial data by standardized labor categories, labor hours, functional elements, and cost elements.

(2)

A common work breakdown structure for the Administration that aligns contractor work breakdown structures with the budget structure of the Administration.

(3)

Definitions and methodologies for identifying and reporting costs for programs of records and base capabilities within the Administration.

(4)

A capability to leverage, where appropriate, the Defense Cost Analysis Resource Center of the Office of Cost Assessment and Program Evaluation of the Department of Defense using historical costing data by the Administration.

(c)

Reports.—

(1)

In general.— Not later than March 1, 2017, and annually thereafter, the Administrator shall, in consultation with the National Nuclear Security Administration Council, submit to the congressional defense committees a report on progress of the Administration toward implementing a common financial reporting system for the nuclear security enterprise as required by subsection (a).

(2)

Report.— Each report under this subsection shall include the following:

(A)

A summary of activities, accomplishments, challenges, benefits, and costs related to the implementation of a common financial reporting system for the nuclear security enterprise during the year preceding the year in which such report is submitted.

(B)

A summary of planned activities in connection with the implementation of a common financial reporting system for the nuclear security enterprise in the year in which such report is submitted.

(C)

A description of any anticipated modifications to the schedule for implementing a common financial reporting system for the nuclear security enterprise, including an update on possible risks, challenges, and costs related to such implementation.

(3)

Termination.— No report is required under this subsection after the completion of the implementation of a common financial reporting system for the nuclear security enterprise.

(d)

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. 3114. Rough Estimate of Total Life Cycle Cost of Tank Waste Cleanup at Hanford Nuclear Reservation.

(a)

In General.— Not later than two years after the date of the enactment of this Act, the Secretary of Energy shall submit to the congressional defense committees a rough estimate of the total life cycle cost of the cleanup of tank waste at Hanford Nuclear Reservation, Richland, Washington.

(b)

Elements.— The rough estimate of the total life cycle cost required by subsection (a) shall include cost estimates for the following:

(1)

The Waste Treatment and Immobilization Plant, assuming a hot start occurs in 2033 and initial plant operations commence in 2036.

(2)

Operations of the Waste Treatment and Immobilization Plant, assuming operations continue through 2061.

(3)

Tank waste management and treatment, assuming operations of the Waste Treatment and Immobilization Plant continue through 2061.

(4)

Anticipated increases in the volume of waste in the double shell tanks resulting from tank waste management activities.

(5)

High-level waste canister temporary storage and preparation for permanent disposal.

(6)

Any additional facilities, including additional evaporative capacity, that may be needed to treat tank waste at Hanford Nuclear Reservation.

(c)

Cost Estimating Best Practices.— To the maximum extent practicable, the rough estimate of the total life cycle cost required by subsection (a) shall be developed in accordance with the cost estimating best practices of the Government Accountability Office.

(d)

Submission of Additional Independent Cost Estimates.— The Secretary shall submit to the congressional defense committees, as part of the rough estimate of the total life cycle cost required by subsection (a), any other independent cost estimates for the Waste Treatment and Immobilization Plant or related facilities conducted before the date on which the rough estimate of the total life cycle cost is required to be submitted under that subsection.

SEC. 3115. Annual Certification of Shipments to Waste Isolation Pilot Plant.

(a)

In General.— In order to ensure that waste shipments to the Waste Isolation Pilot Plant, Carlsbad, New Mexico (in this section referred to as “WIPP”) are packaged and handled properly to prevent the release of radiation or contamination above regulatory limits, the Secretary of Energy shall submit to the congressional defense committees, not later than February 1 of each year during the five-year period beginning on the date of the enactment of this Act, a written certification that—

(1)

the Secretary knew of the contents of such shipments during the 12-month period preceding the date of the certification and has ensured that the Secretary will know of the contents of such shipments planned during the 12-month period following the date of the certification; and

(2)

such shipments made during the 12-month period preceding the date of the certification were sufficiently safe and secure for transportation and disposal and the Secretary has ensured that such shipments planned during the 12-month period following the date of the certification will be sufficiently safe and secure for transportation and disposal.

(b)

Additional Assurances.— The Secretary shall submit to the congressional defense committees, with the certification required by subsection (a), assurances that—

(1)

the Carlsbad Field Office of the Department of Energy has certified that—

(A)

the contents of each shipment of waste that arrived at WIPP during 12-month period preceding the date of the certification met the criteria for accepting waste at WIPP; and

(B)

the Office will ensure that the waste destined for WIPP during the 12-month period following the date of the certification is packaged according to the criteria for accepting waste at WIPP;

(2)

the Assistant Secretary of Energy for Environmental Management has reviewed and accepted the certification of the Carlsbad Field Office under paragraph (1); and

(3)

the Administrator for Nuclear Security has ensured that waste destined for WIPP that was packaged at facilities of the National Nuclear Security Administration during the 12-month period preceding the date of the certification, and waste planned to be packaged at such facilities during the 12-month period following the date of the certification, and for which the Administration is responsible, meets the criteria for accepting waste at WIPP.

SEC. 3116. Disposition of Weapons-Usable Plutonium.

(a)

Construction and Project Support Activities at MOX 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 2017 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 2017 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)

Assessment of the MOX Facility Contract by Owner’s Agent.—

(1)

Arrangement with owner’s agent.— Not later than 30 days after the date of the enactment of this Act, the Secretary of Energy shall enter into an arrangement pursuant to sections 1535 and 1536 of title 31, United States Code, with the Chief of Engineers to act as an owner’s agent with respect to preparing the report required by paragraph (2).

(2)

Report of owner’s agent.—

(A)

In general.— The Chief of Engineers shall prepare a report on the contract for the construction, management and operations of the MOX facility, as in effect on the date of the enactment of this Act, that includes the following:

(i)

An assessment of the contractual, technical, and managerial risks for the Department of Energy and the contractor.

(ii)

An assessment of what elements of the contract can be changed to—

(I)

a fixed price provision;

(II)

a fixed price incentive fee provision; or

(III)

another contractual mechanism designed to minimize risk to the Department of Energy while reducing cost.

(iii)

An assessment of the options under clause (ii), including milestones, cost, schedules, and any damage fees for those options.

(iv)

Recommendations on changes to the contract, based on the assessments described in clauses (i), (ii), and (iii), to reduce risk and cost to the Department of Energy while preserving a fair and reasonable contract.

(v)

For each element of the contract that the Chief of Engineers does not recommend be changed pursuant to clause (iv), an assessment of the risks and costs associated with that element and a description of why that element is not appropriate for the provision types described in clause (ii).

(B)

Consultations.— In preparing the report required by subparagraph (A), the Chief of Engineers shall consult with the Secretary, the contractor referred to in subparagraph (A)(i), and other knowledgeable parties, as the Chief of Engineers considers appropriate.

(C)

Submission to secretary.— Not later than 30 days after entering into the arrangement under paragraph (1), the Chief of Engineers shall submit to the Secretary the report required by subparagraph (A).

(3)

Submissions by department of energy.— Not later than 60 days after receiving the report required by paragraph (2), the Secretary shall transmit to the congressional defense committees and the Comptroller General of the United States—

(A)

the report;

(B)

any comments of the Secretary with respect to the report;

(C)

a determination of whether the contractor referred to in paragraph (2)(A)(i) will or will not agree to the revisions to the contract recommended by the Chief of Engineers and offered by the Secretary to the contractor;

(D)

if the contractor will not agree to such revisions, a description of the reasons given for not agreeing to such revisions; and

(E)

any other materials relating to the potential modification of the contract that the Secretary considers appropriate.

(4)

Briefing by government accountability office.— Not later than 30 days after receiving the report and other matters under paragraph (3), the Comptroller General of the United States shall brief the congressional defense committees on the actions taken by the Secretary under this subsection, to be followed by a written report not later than 120 days after the briefing is provided to Congress.

(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. 3117. Design Basis Threat.

(a)

Update to Order.— Not later than 30 days after the date of the enactment of this Act, the Secretary of Energy shall update Department of Energy Order 470.3B relating to the design basis threat for protecting nuclear weapons, special nuclear material, and other critical assets in the custody of the Department of Energy.

(b)

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

(1)

the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))) should promulgate regular, biannual updates to the Nuclear Security Threat Capabilities Assessment to better inform nuclear security postures within the Department of Defense and the Department of Energy;

(2)

the Department of Defense and the Department of Energy should closely, and in real-time, track and assess national, regional, and local threats to the defense nuclear facilities of the respective Departments; and

(3)

the Department of Defense and the Department of Energy should regularly review assessments and other input provided by activities described in paragraphs (1) and (2) and adjust security postures accordingly.

SEC. 3118. Industry Best Practices in Operations at National Nuclear Security Administration Facilities and Sites.

(a)

Committee on Industry Best Practices in Operations.— The Administrator for Nuclear Security shall establish within the National Nuclear Security Administration a committee (in this section referred to as the “committee”) to identify and oversee the implementation of best practices of industry in the operations of the facilities and sites of the Administration for the purposes of—

(1)

improving mission performance and effectiveness;

(2)

lowering costs and administrative burdens; and

(3)

also both—

(A)

maintaining or reducing risks; and

(B)

preserving and protecting health, safety, and security.

(b)

Membership.— The committee shall be composed of personnel of the Administration assigned by the Administrator to the committee as follows:

(1)

The Principal Deputy Administrator for Nuclear Security, who shall serve as chair of the committee.

(2)

Government personnel representing the headquarters of the Administration.

(3)

Government personnel representing offices of facilities and sites of the Administration.

(4)

Contractor personnel representing the national security laboratories and the nuclear weapons production facilities (as those terms are defined in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501)).

(5)

Such other personnel as the Administrator considers appropriate.

(c)

Duties.— The duties of the committee shall include the following:

(1)

To identify and oversee the implementation of best practices of industry in the operations of the facilities and sites of the Administration for the purposes described in subsection (a).

(2)

To conduct surveys of the facilities and sites of the Administration in order to assess the adoption, implementation, and use by such facilities and sites of best practices of industry described in subsection (a).

(3)

To carry out such other activities consistent with the duties of the committee under this subsection as the Administrator may specify for purposes of this section.

(d)

Annual Report.—

(1)

In general.— Not later than 60 days after the date on which the budget of the President for a fiscal year after fiscal year 2017 is submitted to Congress pursuant to section 1105(a) of title 31, United States Code, the Administrator shall submit to the appropriate congressional committees a report on the activities of the committee under this section during the preceding calendar year.

(2)

Elements.— Each report under this subsection shall include, for the calendar year covered by such report, the following:

(A)

A description of the activities of the committee.

(B)

The results of the surveys undertaken pursuant to subsection (c)(2).

(C)

As a result of the surveys, recommendations for modifications to the scope or applicability of regulations and orders of the Department of Energy to particular facilities and sites of the Administration in order to implement best practices of industry in the operation of such facilities and sites, including—

(i)

a list of the facilities and sites at which such regulations and orders could be so modified; and

(ii)

for each such facility and site, the manner in which the scope or applicability of such regulations and orders could be so modified.

(D)

An assessment of the progress of the Administration in implementing best practices of industry in the operations of the facilities and sites of the Administration.

(E)

An estimate of the costs to be saved as a result of the best practices of industry implemented by the Administration at the facilities and sites of the Administration, set forth by fiscal year.

(3)

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

(A)

the congressional defense committees; and

(B)

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

(e)

Termination.— The committee shall terminate after the submittal under subsection (d) of the report required by that subsection that covers 2021.

SEC. 3119. Pilot Program on Unavailability for Overhead Costs of Amounts Specified for Laboratory-Directed Research and Development.

(a)

In General.— The Secretary of Energy shall establish a pilot program under which each national security laboratory (as defined in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501)) is prohibited from using funds described in subsection (b) to cover the costs of general and administrative overhead for the laboratory.

(b)

Funds Described.— The funds described in this subsection are funds made available for a national security laboratory under section 4811(c) of the Atomic Energy Defense Act (50 U.S.C. 2791(c)) for laboratory-directed research and development.

(c)

Duration.— The pilot program required by subsection (a) shall—

(1)

take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act; and

(2)

terminate on the date that is three years after the day described in paragraph (1).

(d)

Report Required.— Before the termination under subsection (c)(2) of the pilot program required by subsection (a), the Administrator for Nuclear Security shall submit to the congressional defense committees a report that assesses the costs, benefits, risks, and other effects of the pilot program.

SEC. 3120. Research and Development of Advanced Naval Nuclear Fuel System Based on Low-Enriched Uranium.

(a)

Prohibition.— Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for the Department of Energy may be obligated or expended to plan or carry out research and development of an advanced naval nuclear fuel system based on low-enriched uranium.

(b)

Exception.— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for defense nuclear nonproliferation, as specified in the funding table in division D, not more than $5,000,000 shall be made available to the Deputy Administrator for Naval Reactors of the National Nuclear Security Administration for initial planning and early research and development of an advanced naval nuclear fuel system based on low-enriched uranium.

(c)

Budget Matters.— Section 3118 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1196) is amended—

(1)

in subsection (c), by striking paragraph (2) and inserting the following new paragraph:

“(2) Budget requests.—If the Secretaries determine under paragraph (1) that research and development of an advanced naval nuclear fuel system based on low-enriched uranium should continue, the Secretaries shall ensure that each budget of the President submitted to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2018 and each fiscal year thereafter in which such research and development is carried out includes in the budget line item for the ‘Defense Nuclear Nonproliferation’ account amounts necessary to carry out the conceptual plan under subsection (b).”

; and

(2)

in subsection (d), by striking “ for material management and minimization”.

SEC. 3121. Increase in Certain Limitations Applicable to Funds for Conceptual and Construction Design of the Department of Energy.

(a)

Requests for Conceptual Design Funds.— Subsection (a)(2) of section 4706 of the Atomic Energy Defense Act (50 U.S.C. 2746) is amended by striking “ $3,000,000” and inserting “ $5,000,000”.

(b)

Construction Design.— Subsection (b) of such section is amended by striking “ $1,000,000” each place it appears and inserting “ $2,000,000”.

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

(a)

Prohibition.—

(1)

In general.— None of the funds described in paragraph (2) may be obligated or expended to enter into a contract with, or otherwise provide assistance to, the Russian Federation.

(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 2017 for atomic energy defense activities.

(B)

Funds authorized to be appropriated or otherwise made available for a fiscal year prior to fiscal year 2017 for atomic energy defense activities that are unobligated or unexpended as of the date of the enactment of this Act.

(b)

Waiver.— The Secretary of Energy, without delegation, may waive the prohibition in subsection (a)(1) 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 15 days elapses following the date on which the Secretary submits the report under paragraph (3).

(c)

Exception.— The prohibition under subsection (a)(1) and the requirements under subsection (b) to waive that prohibition shall not apply to an amount, not to exceed $3,000,000, that the Secretary may make available for the Department of Energy Russian Health Studies Program.

(d)

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

(1)

The congressional defense committees.

(2)

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

SEC. 3123. Limitation on Availability of Funds for Federal Salaries and Expenses.

(a)

In General.— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for the National Nuclear Security Administration for defense-related Federal salaries and expenses, not more than 90 percent may be obligated or expended until the date on which the Secretary of Energy submits to the congressional defense committees and the congressional intelligence committees the following:

(1)

The updated plan on the designing and building of prototypes of nuclear weapons that is required—

(A)

by paragraph (2) of section 4509(a) of the Atomic Energy Defense Act (50 U.S.C. 2660(a)), to be developed by not later than the date on which the budget of the President for fiscal year 2018 is submitted to Congress; and

(B)

by paragraph (3)(B) of such section, to be submitted to the congressional defense committees and the congressional intelligence committees.

(2)

A description of the determination of the Secretary under paragraph (4)(B) of such section with respect to the manner in which the designing and building of prototypes of nuclear weapons is carried out under such updated plan.

(b)

Congressional Intelligence Committees Defined.— In this section, the term “congressional intelligence committees” means the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.

SEC. 3124. Limitation on Availability of Funds for Defense Environmental Cleanup Program Direction.

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for defense environmental cleanup for program direction, not more than 90 percent may be obligated or expended until the date on which the Secretary of Energy submits to Congress the future-years defense environmental cleanup plan required to be submitted during 2017 under section 4402A of the Atomic Energy Defense Act (50 U.S.C. 2582a).

SEC. 3125. Limitation on Availability of Funds for Acceleration of Nuclear Weapons Dismantlement.

(a)

Limitation on Maximum Amount for Dismantlement.— Of the funds authorized to be appropriated by this Act or otherwise made available for any of fiscal years 2017 through 2021 for the National Nuclear Security Administration, not more than $56,000,000 may be obligated or expended in each such fiscal year to carry out the nuclear weapons dismantlement and disposition activities of the Administration.

(b)

Limitation on Acceleration of Dismantlement Activities.— Except as provided by subsection (c), none of the funds authorized to be appropriated by this Act or otherwise made available for any of fiscal years 2017 through 2021 for the National Nuclear Security Administration may be obligated or expended to accelerate the nuclear weapons dismantlement activities of the United States to a rate that exceeds the rate described in the Stockpile Stewardship and Management Plan schedule.

(c)

Exception.— The limitation in subsection (b) shall not apply to the following:

(1)

The dismantlement of a nuclear weapon not covered by the Stockpile Stewardship and Management Plan schedule if the Administrator for Nuclear Security certifies, in writing, to the congressional defense committees that—

(A)

the components of the nuclear weapon are directly required for the purposes of a current life extension program; or

(B)

such dismantlement is necessary to conduct maintenance or surveillance of the nuclear weapons stockpile or to ensure the safety or reliability of the nuclear weapons stockpile.

(2)

The dismantlement of a nuclear weapon if the President certifies, in writing, to the congressional defense committees that—

(A)

such dismantlement is being carried out pursuant to a nuclear arms reduction treaty or similar international agreement that requires such dismantlement; and

(B)

such treaty or similar international agreement—

(i)

has entered into force after the date of the enactment of this Act; and

(ii)

was approved—

(I)

with the advice and consent of the Senate pursuant to clause 2 of section 2 of Article II of the Constitution of the United States after the date of the enactment of this Act; or

(II)

by an Act of Congress, as described in section 303(b) of the Arms Control and Disarmament Act (22 U.S.C. 2573(b)).

(d)

Stockpile Stewardship and Management Plan Schedule Defined.— In this section, the term “Stockpile Stewardship and Management Plan schedule” means the schedule described in table 2–7 of the annex of the report titled “Fiscal Year 2016 Stockpile Stewardship and Management Plan” submitted in March 2015 by the Administrator for Nuclear Security to the congressional defense committees under section 4203(b)(2) of the Atomic Energy Defense Act (50 U.S.C. 2523(b)(2)).

Subtitle C Plans and Reports

SEC. 3131. Independent Assessment of Technology Development under Defense Environmental Cleanup Program.

(a)

Assessment.— Not later than 60 days after the date of the enactment of this Act, the Secretary of Energy shall seek to enter into an agreement with the National Academy of Sciences to conduct an independent assessment of the technology development efforts of the defense environmental cleanup program of the Department of Energy.

(b)

Elements.— The assessment under subsection (a) shall include the following:

(1)

A review of the technology development efforts of the defense environmental cleanup program of the Department of Energy, including an assessment of the process by which the Secretary identifies and chooses technologies to pursue under the program.

(2)

A comprehensive review and assessment of technologies or alternative approaches to defense environmental cleanup efforts that could—

(A)

reduce the long-term costs of such efforts;

(B)

accelerate schedules for carrying out such efforts;

(C)

mitigate uncertainties, vulnerabilities, or risks relating to such efforts; or

(D)

otherwise significantly improve the defense environmental cleanup program.

(c)

Submission.— Not later than the date that is 18 months after the date of the enactment of this Act, the National Academy of Sciences shall submit to the congressional defense committees and the Secretary a report on the assessment under subsection (a).

SEC. 3132. Updated Plan for Verification and Monitoring of Proliferation of Nuclear Weapons and Fissile Material.

(a)

Updated Plan.—

(1)

Transmission.— Not later than 90 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a comprehensive and detailed update to the plan developed under section 3133(a) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3896) with respect to verification and monitoring relating to the potential proliferation of nuclear weapons, components of such weapons, and fissile material.

(2)

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

(b)

Limitation.— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 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 transmits to the appropriate congressional committees the updated plan under subsection (a)(1).

(c)

Briefing.— Not later than 30 days after the date of the enactment of this Act, the President shall provide to the Committees on Armed Services of the Senate and House of Representatives (and any other appropriate congressional committee upon request) an interim briefing on the updated plan under subsection (a)(1).

(d)

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. 3133. Report on the Use of Highly-Enriched Uranium for Naval Reactors.

(a)

Report.— Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of Defense, the Secretary of Energy, and the Secretary of State, shall, in accordance with the protection of sources and methods, submit to the appropriate congressional committees a report that includes the following:

(1)

An assessment on the current and anticipated intentions of countries producing or using highly-enriched uranium in naval reactors or considering the development of naval reactors.

(2)

An evaluation of the security measures each country producing or using highly-enriched uranium in naval reactors has in place.

(3)

An evaluation of the potential effects on nuclear nonproliferation efforts and the naval reactor programs and related actions of other countries if the United States pursued the development of an advanced low-enriched uranium fuel for certain United States naval reactors as described in the report of the Director of Naval Reactors to Congress, dated July 2016 and entitled “Conceptual Research and Development Plan for Low-Enriched Uranium Naval Fuel”.

(4)

Such other information or updates as the Director of National Intelligence, the Secretary of Defense, the Secretary of Energy, and the Secretary of State consider appropriate.

(b)

Form.— The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

(c)

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

(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; and

(3)

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

SEC. 3134. Analysis of Approaches for Supplemental Treatment of Low-Activity Waste at Hanford Nuclear Reservation.

(a)

In General.— Not later than 60 days after the date of the enactment of this Act, the Secretary of Energy shall enter into an arrangement with a federally funded research and development center to conduct an analysis of approaches for treating the portion of low-activity waste at the Hanford Nuclear Reservation, Richland, Washington, that, as of such date of enactment, is intended for supplemental treatment.

(b)

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

(1)

An analysis of, at a minimum, the following approaches for treating the low-activity waste described in subsection (a):

(A)

Further processing of the low-activity waste to remove long-lived radioactive constituents, particularly technetium-99 and iodine-129, for immobilization with high-level waste.

(B)

Vitrification, grouting, and steam reforming, and other alternative approaches identified by the Department of Energy for immobilizing the low-activity waste.

(2)

An analysis of the following:

(A)

The risks of the approaches described in paragraph (1) relating to treatment and final disposition.

(B)

The benefits and costs of such approaches.

(C)

Anticipated schedules for such approaches, including the time needed to complete necessary construction and to begin treatment operations.

(D)

The compliance of such approaches with applicable technical standards associated with and contained in regulations prescribed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) (commonly referred to as the “Resource Conservation and Recovery Act of 1976”), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) (commonly referred to as the “Clean Water Act”), and the Clean Air Act (42 U.S.C. 7401 et seq.).

(E)

Any obstacles that would inhibit the ability of the Department of Energy to pursue such approaches.

(c)

Review of Analysis.—

(1)

In general.— Concurrent with entering into an arrangement with a federally funded research and development center under subsection (a), the Secretary shall enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine to conduct a review of the analysis conducted by the federally funded research and development center.

(2)

Method of review.— The review required by paragraph (1) shall be conducted concurrent with the analysis required by subsection (a), and in a manner that is parallel to that analysis, so that the results of the review may be used to improve the quality of the analysis.

(3)

Public review.— In conducting the review required paragraph (1), the National Academies of Sciences, Engineering, and Medicine shall provide an opportunity for public comment, with sufficient notice, to inform and improve the quality of the review.

(d)

Consultation With State.— Prior to the submission in accordance with subsection (e)(2) of the analysis required by subsection (a) and the review of the analysis required by subsection (c), the federally funded research and development center and the National Academies of Sciences, Engineering, and Medicine shall provide to the State of Washington—

(1)

the analysis and review in draft form; and

(2)

an opportunity to comment on the analysis and review for a period of not less than 60 days.

(e)

Submission to Congress.—

(1)

Briefings on progress.— Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter until the materials described in paragraph (2) are submitted in accordance with that paragraph, the Secretary shall provide to the congressional defense committees a briefing on the progress being made on the analysis required by subsection (a) and the review of the analysis required by subsection (c).

(2)

Completed analysis and review.— Not later than two years after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the analysis required by subsection (a), the review of the analysis required by subsection (c), any comments of the State of Washington under subsection (d)(2), and any comments of the Secretary on the analysis or the review of the analysis.

(f)

Limitations.—

(1)

Secretary of energy.— This section does not conflict with or impair the obligation of the Secretary to comply with any requirement of—

(A)

the amended consent decree in Washington v. Moniz, No. 2:08-CV-5085-RMP (E.D. Wash.); or

(B)

the Hanford Federal Facility Agreement and Consent Order.

(2)

State of washington.— This section does not conflict with or impair the regulatory authority of the State of Washington under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) (commonly referred to as the “Resource Conservation and Recovery Act of 1976”) and any corresponding State law.

SEC. 3135. Clarification of Annual Report and Certification on Status of Security of Atomic Energy Defense Facilities.

Section 4506(b)(1)(B) of the Atomic Energy Defense Act (50 U.S.C. 2657(b)(1)(B)) is amended to read as follows:

“(B) written certification that such facilities are secure and that the security measures at such facilities meet the security standards and requirements of the Department of Energy.”

SEC. 3136. Report on Service Support Contracts and Authority for Appointment of Certain Personnel.

(a)

Annual Report on Service Support Contracts.— Section 3241A(f) of the National Nuclear Security Administration Act (50 U.S.C. 2441a(f)) is amended by adding at the end the following new paragraph:

“(5) With respect to each contract identified under paragraph (2)—

“(A) the cost of the contract; and

“(B) identification of the program or program direction accounts that support the contract.”

(b)

Extension of Authority for Appointment of Certain Personnel.— Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C. 2701(c)(1)) is amended by striking “ 2016” and inserting “ 2020”.

SEC. 3137. Elimination of Certain Reporting Requirements.

(a)

Reports on Plan to Protect Against Inadvertent Release of Restricted Data and Formerly Restricted Data.— Section 4522 of the Atomic Energy Defense Act (50 U.S.C. 2672) is amended—

(1)

by striking subsection (e); and

(2)

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

(b)

GAO Report on Program on Scientific Engagement for Nonproliferation.— Section 3122 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 50 U.S.C. 2571 note) is amended—

(1)

in subsection (b)(1), by striking “ , and to the Comptroller General of the United States,”;

(2)

by striking subsection (e); and

(3)

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

(c)

GAO Study on Adequacy of Budget Requests With Respect to Modernization and Refurbishment of Nuclear Weapons Stockpile.— Section 3255 of the National Nuclear Security Administration Act (50 U.S.C. 2455) is amended—

(1)

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

(2)

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

“(b) Temporary Suspension.—The requirements of subsection (a) shall not apply with respect to the nuclear security budget materials submitted for fiscal year 2018 or 2019.”

(d)

Strategy on Risks to Nonproliferation Caused by Additive Manufacturing.— Section 3139(b) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1215; 50 U.S.C. 2367 note) is amended to read as follows:

“(b) Briefings.—

“(1) In general.—Not later than March 31, 2016, and annually thereafter through 2019, the President shall provide to the appropriate congressional committees a briefing on the strategy developed under subsection (a).

“(2) Interim briefings.—In addition to the briefings required by paragraph (1), the President shall provide to the appropriate congressional committees a notification or briefing if there is a development in additive manufacture technology, or increased use of additive manufacture technology, that could pose an increased risk to the United States from nuclear proliferation.”

SEC. 3138. Report on United States Nuclear Deterrence.

(a)

In General.— Not later than 15 days after the date of the enactment of this Act, the Secretary of Energy shall, consistent with the protection of sources and methods, submit to the appropriate congressional committees the full, unredacted report, and any related materials, titled “U.S. Nuclear Deterrence in the Coming Decades”, dated August 15, 2014.

(b)

Cover Letter.— The Secretary may submit to the appropriate congressional committees, with the report submitted under subsection (a), a cover letter containing any views or perspectives of the Secretary on the report or related matters.

(c)

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

(1)

the congressional defense committees; and

(2)

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

TITLE XXXII Defense Nuclear Facilities Safety Board

SEC. 3201. Authorization.

There are authorized to be appropriated for fiscal year 2017, $31,000,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).

TITLE XXXIV Naval Petroleum Reserves

SEC. 3401. Authorization of Appropriations.

(a)

Amount.— There are hereby authorized to be appropriated to the Secretary of Energy $14,950,000 for fiscal year 2017 for the purpose of carrying out activities under chapter 641 of title 10, United States Code, relating to the naval petroleum reserves.

(b)

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

TITLE XXXV Maritime Matters

Subtitle A Maritime Administration, Coast Guard, and Shipping Matters

SEC. 3501. Authorization of the Maritime Administration.

There are authorized to be appropriated to the Department of Transportation for fiscal year 2017, 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, $99,902,000, of which—

(A)

$74,851,000 shall be for Academy operations; and

(B)

$25,051,000 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, 2018, 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, $36,000,000, which shall remain available until expended.

(4)

For expenses necessary to support Maritime Administration operations and programs, $58,694,000.

(5)

For expenses necessary to dispose of vessels in the National Defense Reserve Fleet, $20,000,000, 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, $299,997,000.

(7)

For expenses necessary to provide assistance for small shipyards and maritime communities under section 54101 of title 46, United States Code, $30,000,000, of which—

(A)

$5,000,000 shall remain available until expended for training grants; and

(B)

$25,000,000 shall remain available until expended for capital and related improvements.

(8)

For administrative expenses associated with the program authorized by chapter 537 of title 46, United States Code, $3,000,000, which shall remain available until expended.

SEC. 3502. Authority to Extend Certain Age Restrictions Relating to Vessels in the Maritime Security Fleet.

(a)

Authority.—

(1)

In general.— Section 53102 of title 46, United States Code, is amended by adding at the end the following:

“(g) Authority To Extend Maximum Service Age for Vessel.—The Secretary of Defense, in conjunction with the Secretary of Transportation, may, for a particular participating fleet vessel, treat the ages specified in section 53101(5)(A)(ii) and section 53106(c)(3) as increased by up to 5 years if the Secretaries jointly determine that it is in the national interest to do so.”

(2)

Conforming amendment.— The heading of subsection (f) of such section is amended to read as follows: “ Authority To Waive Age Restriction for Eligibility of a Vessel To Be Included in Fleet.—”.

(b)

Repeal of Redundant Age Limitation.— Section 53106(c)(3) of such title is amended—

(1)

in subparagraph (A), by striking “ or (C);” and inserting “ ; or”;

(2)

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

(3)

by striking subparagraph (C).

SEC. 3503. Corrections to Provisions Enacted by Coast Guard Authorization Acts.

(a)

Short Title Correction.— The Coast Guard Authorization Act of 2015 (Public Law 114–120) is amended by striking “ Coast Guard Authorization Act of 2015” each place it appears (including in quoted material) and inserting “ Coast Guard Authorization Act of 2016”.

(b)

Title 46, United States Code.—

(1)

Exam review.— Section 7510(c) of title 46, United States Code, is amended—

(A)

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

(B)

in paragraph (9), by inserting a period after “ App”.

(2)

Vessel certification.— Section 4503(f)(2) of title 46, United States Code, is amended by striking “ , that” and inserting “ , then”.

(c)

Provisions Relating to the Pribilof Islands.— Section 521 of the Coast Guard Authorization Act of 2016 (Public Law 114–120), as amended by subsection (a), is amended by striking “ 2015” and inserting “ 2016”.

(d)

Title 14, United States Code.—

(1)

Redistribution of authorizations of appropriations.— Section 2702 of title 14, United States Code, is amended—

(A)

in paragraph (1)(B), by striking “ $6,981,036,000” and inserting “ $6,986,815,000”; and

(B)

in paragraph (3)(B), by striking “ $140,016,000” and inserting “ $134,237,000”.

(2)

Clerical amendment.— The analysis at the beginning of part III of title 14, United States Code, is amended by striking the period at the end of the item relating to chapter 29.

(e)

Effective Date.— The amendments made by this section shall take effect as if included in the enactment of Public Law 114–120.

SEC. 3504. Status of National Defense Reserve Fleet Vessels.

Section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. 4405) is amended—

(1)

in subsection (a), by adding at the end the following: “ Vessels in the National Defense Reserve Fleet, including vessels loaned to State maritime academies, shall be considered public vessels of the United States.”; and

(2)

by adding at the end the following:

“(g) Vessel Status.—A vessel in the National Defense Reserve Fleet determined by the Maritime Administration to be of insufficient value to remain in the National Defense Reserve Fleet shall remain a vessel within the meaning of that term in section 3 of title 1, United States Code, and subject to the rights and responsibilities of a vessel under admiralty law at least until such time as the vessel is delivered to a dismantling facility or is disposed of otherwise from the National Defense Reserve Fleet.”

SEC. 3505. Ndrf National Security Multi-Mission Vessel.

(a)

In General.— The Secretary of Transportation, in consultation with the Chief of Naval Operations and the Commandant of the Coast Guard, shall ensure that the Maritime Administrator takes all necessary actions—

(1)

to complete the design of a national security multi-mission vessel for the National Defense Reserve Fleet to allow for the construction of such vessel to begin in fiscal year 2018; and

(2)

subject to the availability of appropriations, to have an entity enter into a contract for the construction of such vessel in accordance with this section.

(b)

Use of Vessel.— A vessel constructed pursuant to this section shall be for use—

(1)

as a training vessel that can be provided to State maritime academies under section 51504(b) of title 46, United States Code; and

(2)

in conducting humanitarian assistance, disaster response, domestic and foreign emergency contingency operations, and other authorized uses of vessels of the National Defense Reserve Fleet.

(c)

Construction and Documentation Requirements.— A vessel constructed pursuant to this section shall meet the requirements for and be issued a certificate of documentation and a coastwise endorsement under chapter 121 of title 46, United States Code.

(d)

Design Standards and Construction Practices.— Subject to subsection (c), a vessel constructed pursuant to this section shall be constructed using commercial design standards and commercial construction practices that are consistent with the best interests of the Federal Government.

(e)

Consultation With Other Federal Entities.— The Maritime Administrator may consult and coordinate with the Secretary of the Navy regarding the vessel described in subsection (a) and activities associated with such vessel.

(f)

Contracting.— The Maritime Administrator shall provide for an entity other than the Maritime Administration to contract for the construction of the vessel described in subsection (a).

(g)

Repeal of Plan Approval Requirement.— Section 109(j)(3) of title 49, United States Code, is repealed.

SEC. 3506. Superintendent of United States Merchant Marine Academy.

(a)

In General.— Section 51301 of title 46, United States Code, is amended by adding at the end the following:

“(c) Superintendent.—

“(1) In general.—The immediate command of the United States Merchant Marine Academy shall be in the Superintendent of the Academy, subject to the direction of the Maritime Administrator under the general supervision of the Secretary of Transportation.

“(2) Appointment.—The Secretary of Transportation shall appoint as the Superintendent—

“(A) an individual who has—

“(i) attained a general or flag officer rank in the Navy, Army, Air Force, Marine Corps, Coast Guard, or National Oceanic and Atmospheric Administration; and

“(ii) served at sea in any rank;

“(B) an individual who has—

“(i)

(I) served at sea in the Navy, Army, Air Force, Marine Corps, Coast Guard, or National Oceanic and Atmospheric Administration; or

“(II) held a valid Coast Guard merchant mariner credential; and

“(ii) demonstrated exemplary leadership in the education of individuals in the Armed Forces or United States merchant marine; or

“(C) if a qualified individual described in subparagraph (A) or (B) does not apply for the position, an individual who has—

“(i) attained the grade of captain or above in the Navy, Coast Guard, or National Oceanic and Atmospheric Administration or colonel or above in the Army, Air Force, or Marine Corps; and

“(ii) served at sea in any grade.

“(3) Rule of construction.—Notwithstanding paragraph (2), the Secretary of Transportation may appoint an individual who is the best qualified candidate, even if such individual does not fully meet the criteria described in paragraph (2).”

(b)

Savings Clause.— Nothing in this section may be construed to require any change to the current leadership of the United States Merchant Marine Academy.

SEC. 3507. Use of National Defense Reserve Fleet Scrapping Proceeds.

(a)

Funding Allocation.— Section 308704 of title 54, United States Code, is amended—

(1)

in subsection (a)(1), by amending subparagraph (C) to read as follows:

“(C) The remainder shall be available to the Secretary to carry out the Program, as provided in subsection (b).”

; and

(2)

in subsection (b), by amending paragraph (1) to read as follows:

“(1) Allocation.—

“(A) In general.—Except as provided in subparagraph (B) and paragraph (2), of the amounts available each fiscal year for the Program under subsection (a)(1)(C)—

“(i) 50 percent shall be used for grants under section 308703(b); and

“(ii) 50 percent shall be used for grants under section 308703(c).

“(B) Set aside.—

“(i) In general.—Not less than 25 percent of the amounts available each fiscal year for the Program under subsection (a)(1)(C) shall be used for the preservation and presentation to the public of the maritime heritage property of the Maritime Administration.

“(ii) Direct transfers.—The Secretary may provide amounts used for the preservation and presentation to the public of the maritime heritage property of the Maritime Administration through direct transfers to the Maritime Administration.

“(iii) Waiver.—The Maritime Administrator may waive the application of clause (i) for any fiscal year.”

(b)

Conforming Amendment.— Section 308703(c)(1) of title 54, United States Code, is amended by striking “ under section 308704(b)(1)(B)” and inserting “ under section 308704(b)(1)(A)”.

(c)

Reporting Requirement.— Section 308703(j) of title 54, United States Code, is amended—

(1)

in the matter preceding paragraph (1), by striking “ Congress” and inserting “ the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Natural Resources of the Senate, the Committee on Natural Resources of the House of Representatives, the Committee on Armed Services of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives”;

(2)

by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively;

(3)

by inserting before paragraph (2), as redesignated, the following:

“(1) the total number of grant applications submitted and approved under the Program in the period covered by the report;”

; and

(4)

in paragraph (2), as redesignated, by inserting “ detailed” before “ description”.

(d)

Annual Report by the Maritime Administration.—

(1)

In general.— Not later than January 1 of each year, the Maritime Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives a report on the management of the Ship Disposal program of the Maritime Administration.

(2)

Contents.— Each report under paragraph (1) shall include—

(A)

the total amount of funds, attributable to the Ship Disposal program of the Maritime Administration, credited in the most recently completed fiscal year to—

(i)

the Vessel Operations Revolving Fund established by section 50301(a) of title 46, United States Code; and

(ii)

any other account;

(B)

the balance of funds available at the end of that fiscal year in—

(i)

the Vessel Operations Revolving Fund; and

(ii)

any other account for which a credited amount was included under subparagraph (A)(ii);

(C)

a detailed description of the funds credited to and distributions from the Vessel Operations Revolving Fund in that fiscal year; and

(D)

a summary of each maritime heritage project selected by the Maritime Administrator, for preservation and presentation to the public of the Maritime Administration’s maritime heritage property, for which funds from the Vessel Operations Revolving Fund were expended in that fiscal year.

(e)

Assessments by the Maritime Administration.—

(1)

In general.— Not later than 1 year after the date of the enactment of this Act, and biennially thereafter, the Maritime Administrator shall complete an assessment of the Ship Disposal program of the Maritime Administration.

(2)

Contents.— Each assessment under paragraph (1) shall include—

(A)

an inventory of each vessel, subject to a disposal agreement or a memorandum of agreement with another Federal agency relating to the disposal of the vessel, for which the Maritime Administration is acting as the disposal agency, including—

(i)

the age of the vessel; and

(ii)

the name of the Federal agency that has or had custody over the vessel prior to any disposal agreement or memorandum of agreement with the Maritime Administration;

(B)

an inventory of each vessel of a Federal agency that may meet the criteria for the Maritime Administration to act as the disposal agency, including—

(i)

the age of the vessel;

(ii)

the name of the applicable Federal agency; and

(iii)

whether the vessel is expected to be declared obsolete and dismantled in the next 5 years;

(C)

a plan to serve as the disposal agency, as appropriate, for the vessels described in subparagraph (B);

(D)

a plan for the timely distribution of the proceeds that the Maritime Administration currently has in ship disposal accounts;

(E)

a projection of future distributions of such proceeds; and

(F)

any other assessment related to the Ship Disposal program that the Maritime Administrator determines appropriate.

(3)

Inclusion in the annual report.— A detailed description of the results of each assessment under paragraph (1) shall be included in the annual report under subsection (d) for the year in which the assessment was completed.

(f)

Cessation of Effectiveness.— Subsections (d) and (e) of this section shall cease to be effective on the date that is 5 years and 1 day after the date of the enactment of this Act.

SEC. 3508. Floating Dry Docks.

Section 55122 of title 46, United States Code, is amended—

(1)

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

(2)

by inserting after subsection (a) the following:

“(b) Dry Docks for Construction of Certain Naval Vessels.—

“(1) In general.—In applying subsection (a) to a floating dry dock used for the construction of naval vessels in a shipyard located in the United States, the ownership and operation requirement in paragraph (1)(B) of that subsection shall be treated as satisfied and ‘December 19, 2017’ shall be substituted for the date referred to in paragraph (1)(C) of that subsection if the Secretary of the Navy determines that—

“(A) such dry dock is necessary for the timely completion of such construction; and

“(B) such dry dock—

“(i) is owned and operated by—

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

“(II) an affiliate of such a shipyard; or

“(ii) is—

“(I) owned by the State in which the shipyard is located or a political subdivision of that State; and

“(II) operated by a shipyard located in the United States that is an eligible owner specified under section 12103(b).

“(2) Notice to congress.—Not later than 30 days after making a determination under paragraph (1), the Secretary of the Navy shall notify the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate of such determination.”

SEC. 3509. Transportation Worker Identification Credentials for Individuals Undergoing Separation, Discharge, or Release from the Armed Forces.

(a)

In General.— Section 70105 of title 46, United States Code, is amended—

(1)

in subsection (b)(2), by striking “ and” after the semicolon at the end of subparagraph (F), by redesignating subparagraph (G) as subparagraph (H), and by inserting after subparagraph (F) the following:

“(G) a member of the Armed Forces who—

“(i) is undergoing separation, discharge, or release from the Armed Forces under honorable conditions;

“(ii) applies for a transportation security card; and

“(iii) is otherwise eligible for such a card; and”

; and

(2)

by amending subsection (j) to read as follows:

“(j) Priority Processing for Separating Service Members.—

(1) The Secretary and the Secretary of Defense shall enter into a memorandum of understanding regarding the submission and processing of applications for transportation security cards under subsection (b)(2)(G).

“(2) Not later than 30 days after the submission of such an application by an individual who is eligible to submit such an application, the Secretary shall process and approve or deny the application unless an appeal or waiver applies or further application documentation is necessary.”

(b)

Deadline for Memorandum.— The Secretary of the department in which the Coast Guard is operating and the Secretary of Defense shall enter into the memorandum of understanding required by the amendment made by subsection (a)(2) by not later than 180 days after the date of the enactment of this Act.

(c)

Application of Processing Deadline.— Section 70105(j)(2) of title 46, United States Code, as amended by this section, shall apply to applications for transportation security cards submitted after the expiration of the 180-day period beginning on the date of the enactment of this Act.

(d)

Reports.—

(1)

Initial report.—

(A)

Requirement.— Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Homeland Security shall jointly submit a report described in subparagraph (B) to the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Armed Services, the Committee on Homeland Security, and the Committee on Transportation and Infrastructure of the House of Representatives.

(B)

Contents.— The report under subparagraph (A) shall include the following:

(i)

The memorandum of understanding required by section 70105(j)(1) of title 46, United States Code, as amended by this section.

(ii)

The number of individuals eligible to apply for a transportation security card under section 70105(b)(2)(G) of title 46, United States Code, as amended by this section, the number of such individuals who applied for such a card, and the number of such individuals who have been issued such a card, as of the date of the report.

(iii)

If the Secretary failed to process and approve or deny any applications received from individuals eligible to apply for such a card under such section before the deadline specified in section 70105(j)(2) of such title, as amended by this section, a description of the reasons for the failure and of the actions being taken to assure that future applications are processed and issued or denied within such deadline.

(2)

Subsequent report.— Not later than 2 years after the date of enactment of this Act, the Secretary of Defense and the Secretary of Homeland Security shall jointly submit a report to such Committees containing the information described in clauses (ii) and (iii) of paragraph (1)(B).

SEC. 3510. Actions to Address Sexual Harassment and Sexual Assault at the United States Merchant Marine Academy.

(a)

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

“§ 51318. Policy on sexual harassment and sexual assault

“(a) Required Policy.—

“(1) In general.—The Secretary of Transportation shall direct the Superintendent of the United States Merchant Marine Academy to prescribe a policy on sexual harassment and sexual assault applicable to the cadets and other personnel of the Academy.

“(2) Matters to be specified in policy.—The policy on sexual harassment and sexual assault prescribed under this subsection shall include—

“(A) a program to promote awareness of the incidence of rape, acquaintance rape, and other sexual offenses of a criminal nature that involve cadets or other Academy personnel;

“(B) procedures that a cadet or other Academy personnel should follow in the case of an occurrence of sexual harassment or sexual assault, including—

“(i) specifying the person or persons to whom an alleged occurrence of sexual harassment or sexual assault should be reported by the victim and the options for confidential reporting;

“(ii) specifying any other person whom the victim should contact; and

“(iii) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault;

“(C) a procedure for disciplinary action in cases of alleged criminal sexual assault involving a cadet or other Academy personnel;

“(D) any other sanction authorized to be imposed in a substantiated case of sexual harassment or sexual assault involving a cadet or other Academy personnel in rape, acquaintance rape, or any other criminal sexual offense, whether forcible or nonforcible;

“(E) procedures through which—

“(i) questions regarding sexual harassment or sexual assault can be confidentially asked and confidentially answered;

“(ii) victims can report incidents of sexual assault confidentially; and

“(iii) the privacy of victims of sexual harassment and sexual assault will be protected; and

“(F) required training on the policy for all cadets and other Academy personnel, including the specific training required for personnel who process allegations of sexual harassment or sexual assault involving Academy personnel.

“(3) Availability of policy.—The Secretary shall ensure that the policy developed under this subsection is available to—

“(A) all cadets and employees of the Academy; and

“(B) the public.

“(4) Consultation and assistance.—In developing the policy under this subsection, the Secretary may consult with or receive assistance from such Federal, State, local, and national organizations and subject matter experts as the Secretary considers appropriate.

“(b) Development Program.—

“(1) In general.—The Secretary 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 and sexual assault at the Academy;

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

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

“(2) Minimum training requirements.—The Superintendent shall ensure that all cadets receive training on the sexual harassment and sexual assault 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) Annual Assessment.—

“(1) In general.—The Secretary, in cooperation with the Superintendent, shall conduct an assessment at the Academy, during each Academy program year, to determine the effectiveness of the policies, procedures, and training program of the Academy with respect to sexual harassment and sexual assault involving cadets or other Academy personnel.

“(2) Biennial survey.—For each assessment of the Academy under paragraph (1) during an Academy program year that begins in an odd-numbered calendar year, the Secretary shall conduct a survey of cadets and other Academy personnel—

“(A) to measure—

“(i) the incidence, during that program year, of sexual harassment and sexual assault events involving cadets or other Academy personnel, on or off the Academy campus, that have been reported to officials of the Academy; and

“(ii) the incidence, during that program year, of sexual harassment and sexual assault events involving cadets or other Academy personnel, on or off the Academy campus, that have not been reported to officials of the Academy; and

“(B) to assess the perceptions of cadets and other Academy personnel on—

“(i) the policies, procedures, and training programs of the Academy on sexual harassment and sexual assault involving cadets or other Academy personnel;

“(ii) the enforcement of the policies described in clause (i);

“(iii) the incidence of sexual harassment and sexual assault involving cadets or other Academy personnel; and

“(iv) any other issues relating to sexual harassment and sexual assault involving cadets or other Academy personnel.

“(3) Focus groups for years when survey not required.—In any year in which the Secretary is not required to conduct the survey described in paragraph (2), the Secretary shall conduct focus groups at the Academy for the purposes of ascertaining information relating to sexual assault and sexual harassment issues at the Academy.

“(d) Annual Report.—

“(1) In general.—For each Academy program year, the Superintendent shall submit to the Secretary a report that provides information about sexual harassment and sexual assault involving cadets or other Academy personnel.

“(2) Contents.—Each report submitted under paragraph (1) shall include, for the Academy program year covered by the report—

“(A) the number of sexual assaults, rapes, and other sexual offenses involving cadets or other Academy personnel that have been reported to Academy officials;

“(B) the number of the reported cases described in subparagraph (A) that have been substantiated;

“(C) the policies, procedures, and training implemented by the Superintendent and the leadership of the Academy in response to incidents of sexual harassment and sexual assault involving cadets and other Academy personnel; and

“(D) a plan for the actions that will be taken in the following Academy program year regarding prevention of, and response to, incidents of sexual harassment and sexual assault involving cadets and other Academy personnel.

“(3) Survey and focus group results.—

“(A) Survey results.—Each report under paragraph (1) for an Academy program year that begins in an odd-numbered calendar year shall include the results of the survey conducted in that program year under subsection (c)(2).

“(B) Focus group results.—Each report under paragraph (1) for an Academy program year in which the Secretary is not required to conduct the survey described in subsection (c)(2) shall include the results of the focus group conducted in that program year under subsection (c)(3).

“(4) Reporting requirement.—

“(A) By the superintendent.—For each incident of sexual harassment or sexual assault reported to the Superintendent, the Superintendent shall provide to the Secretary and the Board of Visitors of the Academy a report that includes—

“(i) the facts surrounding the incident, except for any details that would reveal the identities of the people involved; and

“(ii) the Academy’s response to the incident.

“(B) By the secretary.—The Secretary shall submit a copy of each report received under subparagraph (A) and the Secretary’s comments on the report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.”

(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:

“51318. Policy on sexual harassment and sexual assault.”.

SEC. 3511. Sexual Assault Response Coordinators and Sexual Assault Victim Advocates.

(a)

Coordinators and Advocates.— Chapter 513 of title 46, United States Code, as amended by this Act, is further amended by adding at the end the following:

“§ 51319. Sexual assault response coordinators and sexual assault victim advocates

“(a) Sexual Assault Response 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.

“(b) Volunteer Sexual Assault Victim Advocates.—

“(1) In general.—The Secretary, acting through the Superintendent of the Academy, shall designate from among volunteers 1 or more permanent employees of the Academy to serve as advocates for victims of sexual assaults involving cadets of the Academy or other Academy personnel.

“(2) Training; other duties.—Each victim advocate designated under this subsection shall—

“(A) have or receive training in matters relating to sexual assault and the comprehensive policy developed under section 51318; and

“(B) serve as a victim advocate voluntarily, in addition to the individual’s other duties as an employee of the Academy.

“(3) Primary duties.—While performing the duties of a victim advocate under this subsection, a designated employee shall—

“(A) support victims of sexual assault by informing them of the rights and resources available to them as victims;

“(B) identify additional resources to ensure the safety of victims of sexual assault; and

“(C) connect victims of sexual assault to companions, as described in paragraph (4).

“(4) Companions.—

“(A) In general.—At least 1 victim advocate designated under this subsection, or a sexual assault response coordinator designated under subsection (a), while performing the duties of a victim advocate, shall act as a companion to a victim described in paragraph (1) in navigating investigative, medical, mental, and emotional health, and recovery processes relating to sexual assault.

“(B) Alternate victim advocates.—If requested by the victim, an alternate victim advocate shall be designated under this subsection to act as a companion to the victim, as described in subparagraph (A).

“(5) Hotline.—The Secretary shall establish a 24-hour hotline through which the victim of a sexual assault described in paragraph (1) can receive victim support services.

“(6) Formal relationships with other entities.—The Secretary may enter into formal relationships with other entities to make available additional victim advocates or to implement paragraphs (3), (4), and (5).”

(b)

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

“51319. Sexual assault response coordinators and sexual assault victim advocates.”.

SEC. 3512. Report from the Department of Transportation Inspector General.

(a)

In General.— Not later than March 31, 2018, the Inspector General of the Department of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the effectiveness of the sexual harassment and sexual assault prevention and response program at the United States Merchant Marine Academy.

(b)

Contents.— The report required under subsection (a) shall—

(1)

assess progress toward addressing any outstanding recommendations;

(2)

include any recommendations to reduce the number of sexual assaults involving members of the Academy, whether a member is the victim, the alleged assailant, or both; and

(3)

include any recommendations to improve the response of the Department and the Academy to reports of sexual assaults involving members of the Academy, whether a member is the victim, a member is the alleged assailant, or both.

(c)

Expertise.— In compiling the report required under this section, the Inspector General shall—

(1)

include on the inspection teams acting under the direction of the Inspector General at least 1 member with expertise and knowledge of sexual assault prevention and response policies; or

(2)

consult with subject matter experts in the prevention of and response to sexual assaults.

SEC. 3513. Sexual Assault Prevention and Response Working Group.

(a)

In General.— Not later than 21 days after the date of the enactment of this Act, the Maritime Administrator shall convene a working group to examine methods to improve the prevention of, and response to, any sexual harassment, sexual assault, or other inappropriate conduct, as well as methods to improve the shipboard climate, that occurs during a cadet’s Sea Year experience with the United States Merchant Marine Academy.

(b)

Membership.— The working group shall be composed of members designated by the Maritime Administrator as follows:

(1)

A representative of the Maritime Administration, who shall serve as the chair of the working group.

(2)

The Superintendent of the Academy (or the Superintendent’s designee).

(3)

A sexual assault response coordinator appointed under section 51319 of title 46, United States Code, as added by this Act.

(4)

A subject matter expert from the Coast Guard.

(5)

A subject matter expert from the Military Sealift Command.

(6)

A subject matter expert from the National Oceanic and Atmospheric Administration.

(7)

At least 1 representative from each State maritime academy.

(8)

At least 1 representative from each private contracting party participating in the maritime security program.

(9)

At least 1 representative from each nonprofit labor organization representing a class or craft of employees employed on vessels in the Maritime Security Fleet.

(10)

At least 2 representatives from approved maritime training institutions.

(11)

At least 1 representative from companies that—

(A)

participate in sea training of Academy cadets; and

(B)

do not participate in the maritime security program.

(12)

Such additional individuals as the Maritime Administrator may designate.

(c)

No Quorum Requirement.— The chair may convene the working group without all members present.

(d)

Responsibilities.— The working group shall—

(1)

evaluate options that could promote a climate of honor and respect, and a culture that is intolerant of sexual harassment, sexual assault, or other inappropriate conduct and those who commit it, with operators of vessels of the United States;

(2)

raise awareness of sexual harassment, sexual assault, or other inappropriate conduct with operators of vessels of the United States;

(3)

assess options that could be implemented by the operators of vessels of the United States that would remove any barriers to the reporting of sexual harassment, sexual assault, or other inappropriate conduct that occurs during a cadet’s Sea Year experience and protect the victim’s confidentiality;

(4)

assess a potential program or policy to improve the prevention of, and response to, incidents of sexual harassment, sexual assault, or other inappropriate conduct;

(5)

assess a potential program or policy requiring crews to complete a sexual harassment and sexual assault prevention and response training program before the cadet’s Sea Year that includes—

(A)

fostering a shipboard climate—

(i)

that does not tolerate sexual harassment, sexual assault, or other inappropriate conduct;

(ii)

in which persons assigned to vessel crews are encouraged to intervene to prevent such potential incidents; and

(iii)

that encourages victims to report any incident of sexual harassment, sexual assault, or other inappropriate conduct; and

(B)

promoting an understanding of the needs of, and the resources available to, a victim after an incident of sexual harassment, sexual assault, or other inappropriate conduct;

(6)

assess all other feasible changes to Sea Year training at the Academy, and corresponding changes to curricula, to improve prevention of and response to incidents of sexual harassment, sexual assault, and other inappropriate conduct; and

(7)

assess how vessel operators could ensure the confidentiality of a report of sexual harassment, sexual assault, or other inappropriate conduct in order to protect the victim and prevent retribution.

(e)

Report.— Not later than 9 months after the date of the enactment of this Act, the working group shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—

(1)

recommendations on each of the working group’s responsibilities described in subsection (d);

(2)

a description of the trade-offs, opportunities, and challenges associated with the recommendations described in paragraph (1);

(3)

a description of administrative actions taken as result of the recommendations described in paragraph (1); and

(4)

any other information the working group determines appropriate.

SEC. 3514. Sea Year Compliance.

Not later than 90 days after the date of the enactment of this Act, the Maritime Administrator, in consultation with operators of commercial vessels of the United States, shall establish—

(1)

criteria that vessel operators must meet in order to participate in the Sea Year program of the United States Merchant Marine Academy that addresses sexual harassment, sexual assault, and other inappropriate conduct; and

(2)

a process for verifying compliance with the criteria.

SEC. 3515. State Maritime Academy Physical Standards and Reporting.

Section 51506 of title 46, United States Code, is amended—

(1)

in subsection (a)—

(A)

in the matter preceding paragraph (1), by striking “ must” and inserting “ shall”;

(B)

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

(C)

in paragraph (3), by striking the period at the end and inserting “ ; and”; and

(D)

by adding at the end the following:

“(4) agree that any individual enrolled at such State maritime academy in a merchant marine officer preparation program—

“(A) shall, not later than 9 months after such individual’s date of enrollment, pass an examination in form and substance satisfactory to the Secretary that demonstrates that such individual meets the medical and physical requirements—

“(i) required for the issuance of an original license under section 7101; or

“(ii) set by the Coast Guard for issuing merchant mariners’ documentation under section 7302, with no limit to the individual’s operational authority;

“(B) following passage of the examination under subparagraph (A), shall continue to meet the requirements described in subparagraph (A) throughout the remainder of the individual’s enrollment at the State maritime academy; and

“(C) if the individual has a medical or physical condition that disqualifies the individual from meeting the requirements referred to in subparagraph (A), shall be transferred to a program other than a merchant marine officer preparation program, or otherwise appropriately disenrolled from such State maritime academy, until the individual demonstrates to the Secretary that the individual meets such requirements.”

; and

(2)

by adding at the end the following:

“(c) Secretarial Waiver Authority.—The Secretary may modify or waive any of the terms set forth in subsection (a)(4) with respect to any individual or State maritime academy.”

SEC. 3516. Appointments.

(a)

In General.— Section 51303 of title 46, United States Code, is amended by striking “ 40” and inserting “ 50”.

(b)

Class Profiles.—

(1)

In general.— Not later than August 31 of each year, the Superintendent of the United States Merchant Marine Academy shall post on the Academy’s public website a profile of each class at the Academy.

(2)

Contents.— Each profile posted under paragraph (1) shall include, for the incoming class of the Academy and for the 4 classes that preceded that class at the Academy, the number and percentage of students by—

(A)

State;

(B)

country;

(C)

gender;

(D)

race and ethnicity; and

(E)

prior military service.

SEC. 3517. Maritime Workforce Working Group.

(a)

In General.— Not later than 120 days after the date of the enactment of this Act, the Maritime Administrator, in consultation with the Coast Guard Merchant Marine Personnel Advisory Committee and the Committee on the Marine Transportation System, shall convene a working group to examine and assess the size of the pool of United States citizen mariners necessary to support the United States flag fleet in times of national emergency.

(b)

Membership.— The Maritime Administrator shall designate individuals to serve as members of the working group convened under subsection (a). The working group shall include, at a minimum, at least 1 representative from each of—

(1)

the Maritime Administration, who shall serve as chairperson of the working group;

(2)

the United States Merchant Marine Academy;

(3)

the Coast Guard;

(4)

the Military Sealift Command;

(5)

the Navy;

(6)

the State maritime academies;

(7)

a nonprofit labor organization representing a class of licensed employees who are employed on vessels operating in the United States flag fleet;

(8)

a nonprofit labor organization representing a class of unlicensed employees who are employed on vessels operating in the United States flag fleet;

(9)

the pool of owners of vessels operating in the United States flag fleet, or their private contracting parties, that are primarily operating in coastwise trades; and

(10)

the pool of owners of vessels operating in the United States flag fleet, or their private contracting parties, that are primarily operating in international transportation.

(c)

No Quorum Requirement.— The Maritime Administrator may convene the working group virtually and without all members present.

(d)

Responsibilities.— The working group shall—

(1)

identify the number of United States citizen mariners—

(A)

in total;

(B)

that have a valid Coast Guard merchant mariner credential with the necessary endorsements for service on unlimited tonnage vessels that are subject to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended;

(C)

that are involved in Federal programs that support the United States merchant marine and the United States flag fleet;

(D)

that are available to crew the United States flag fleet and the surge sealift fleet in times of a national emergency;

(E)

that are full-time mariners;

(F)

that have sailed in the prior 18 months;

(G)

that are primarily operating in noncontiguous or coastwise trades; and

(H)

that are merchant mariner credentialed officers in the United States Navy Reserve;

(2)

assess the impact on the United States merchant marine and United States Merchant Marine Academy if graduates from State maritime academies and the United States Merchant Marine Academy were assigned to, or required to fulfill, certain maritime positions based on the overall needs of the United States merchant marine;

(3)

assess the Coast Guard Merchant Mariner Licensing and Documentation System and its accessibility and value to the Maritime Administration for the purposes of evaluating the pool of United States citizen mariners; and

(4)

make recommendations to enhance the availability and quality of interagency data, including data from the United States Transportation Command, the Coast Guard, the Navy, and the Bureau of Transportation Statistics, for use by the Maritime Administration for evaluating the pool of United States citizen mariners.

(e)

Report.— Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Armed Services of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives that contains the results of the study conducted under this section, including—

(1)

the number of United States citizen mariners identified for each category described in subparagraphs (A) through (H) of subsection (d)(1);

(2)

the results of the assessments conducted under paragraphs (2) and (3) of subsection (d); and

(3)

the recommendations made under subsection (d)(4).

(f)

Inclusion of Merchant Marine-credentialed Officers in the Navy Reserve.— For the purposes of this section, the term “United States citizen mariners” includes, but is not limited to, officers in the United States Navy Reserve who are holders of merchant mariner credentials, as determined by the Secretary of the Navy.

(g)

Sunset.— The Maritime Administrator may disband the working group upon submission of the report under subsection (e).

SEC. 3518. Maritime Extreme Weather Task Force.

(a)

Establishment of Task Force.— Not later than 15 days after the date of the enactment of this Act, the Secretary of Transportation shall establish a task force to analyze the impact of extreme weather events, such as in the maritime environment (referred to in this section as the “Task Force”).

(b)

Membership.— The Task Force shall be composed of—

(1)

the Secretary or the Secretary’s designee; and

(2)

a representative of—

(A)

the Coast Guard;

(B)

the National Oceanic and Atmospheric Administration; and

(C)

such other Federal agency or independent commission as the Secretary considers appropriate.

(c)

Report.—

(1)

In general.— Except as provided in paragraph (4), not later than 180 days after the date it is established under subsection (a), the Task Force shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the analysis under subsection (a).

(2)

Contents.— The report under paragraph (1) shall include—

(A)

an identification of available weather prediction, monitoring, and routing technology resources;

(B)

an identification of industry best practices relating to response to, and prevention of marine casualties from, extreme weather events;

(C)

a description of how the resources described in subparagraph (A) are used in the various maritime sectors, including by passenger and cargo vessels;

(D)

recommendations for improving maritime response operations to extreme weather events and preventing marine casualties from extreme weather events, such as promoting the use of risk communications and the technologies identified under subparagraph (A); and

(E)

recommendations for any legislative or regulatory actions for improving maritime response operations to extreme weather events and preventing marine casualties from extreme weather events.

(3)

Publication.— The Secretary shall make the report under paragraph (1) and any notification under paragraph (4) publicly accessible in an electronic format.

(4)

Imminent threats.— The Task Force shall immediately notify the Secretary of any finding or recommendations that could protect the safety of an individual on a vessel from an imminent threat of extreme weather.

SEC. 3519. Workforce Plans and Onboarding Policies.

(a)

Workforce Plans.— Not later than 9 months after the date of the enactment of this Act, the Maritime Administrator shall review the Maritime Administration’s workforce plans, including its Strategic Human Capital Plan and Leadership Succession Plan, and fully implement competency models for mission-critical occupations, including—

(1)

leadership positions;

(2)

human resources positions; and

(3)

transportation specialist positions.

(b)

Onboarding Policies.— Not later than 9 months after the date of the enactment of this Act, the Maritime Administrator shall—

(1)

review the Maritime Administration’s policies related to new hire orientation, training, and misconduct;

(2)

align the onboarding policies and procedures at headquarters and the field offices to ensure consistent implementation and provision of critical information across the Maritime Administration; and

(3)

update the Maritime Administration’s training policies and training systems to include controls that ensure that all completed training is tracked in a standardized training repository.

(c)

Report.— Not later than 1 year after the date of the enactment of this Act, the Maritime Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives that describes the Maritime Administration’s compliance with the requirements under this section.

SEC. 3520. Drug and Alcohol Policy.

(a)

Review.— Not later than 9 months after the date of the enactment of this Act, the Maritime Administrator shall—

(1)

review the Maritime Administration’s drug and alcohol policies, procedures, and training practices;

(2)

ensure that all fleet managers have received training on the Department of Transportation’s drug and alcohol policy, including the testing procedures used by the Department and the Maritime Administration in cases of reasonable suspicion; and

(3)

institute a system for tracking all drug and alcohol policy training conducted under paragraph (2) in a standardized training repository.

(b)

SEC. 3521. Vessel Transfers.

Not later than 9 months after the date of the enactment of this Act, the Maritime Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives that describes the Maritime Administration policies and procedures for vessel transfer, including—

(1)

a summary of the actions taken to update the Vessel Transfer Office procedures manual to reflect the current range of program responsibilities and processes; and

(2)

a copy of the updated Vessel Transfer Office procedures to process vessel transfer applications.

SEC. 3522. Clarifying Amendment; Continuation Boards.

Section 290(a) of title 14, United States Code, is amended by striking “ five officers serving in the grade of vice admiral” and inserting “ 5 officers (other than the Commandant) serving in the grade of admiral or vice admiral”.

SEC. 3523. Polar Icebreaker Recapitalization Plan.

(a)

Requirement.— Not later than 120 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of the Navy, shall submit to the appropriate committees of Congress a detailed recapitalization plan to address the 2013 Department of Homeland Security Mission Need Statement with respect to icebreaking.

(b)

Contents.— The plan required under subsection (a) shall—

(1)

detail the number of heavy and medium polar icebreakers required to meet Coast Guard statutory missions in the polar regions;

(2)

identify the vessel specifications, capabilities, systems, equipment, and other details required for the design of heavy polar icebreakers capable of fulfilling the mission requirements of the Coast Guard and the Navy, and the requirements of other agencies and departments of the United States, as the Secretary determines appropriate;

(3)

list the specific appropriations required for the acquisition of each icebreaker, for each fiscal year, until the full fleet is recapitalized;

(4)

describe the potential savings of serial acquisition for new polar class icebreakers, including specific schedule and acquisition requirements needed to realize such savings;

(5)

describe any polar icebreaking capacity gaps that may arise based on the current fleet and current procurement outlook; and

(6)

describe any additional polar icebreaking capability gaps that may arise due to any further delay in procurement schedules.

(c)

Definitions.— In this section, the following definitions apply:

(1)

Appropriate committees of congress.— The term “appropriate committees of Congress” means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

(2)

Secretary.— Except as otherwise specifically provided, the term “Secretary” means the Secretary of the department in which the Coast Guard is operating.

SEC. 3524. Gao Report on Icebreaking Capability in United States.

(a)

Requirement.— Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on the current state of the United States Federal icebreaking fleet.

(b)

Contents.— The report required under subsection (a) shall include—

(1)

an analysis of the icebreaking assets in operation in the United States and a description of the missions completed by such assets;

(2)

an analysis of how such assets and the capabilities of such assets are consistent, or inconsistent, with the icebreaking mission requirements described in the 2013 Department of Homeland Security Mission Need Statement, the Naval Operations Concept 2010, and other military and civilian governmental missions in the United States;

(3)

an analysis of the gaps in icebreaking capability of the United States based on the expected service life of the fleet of United States icebreaking assets;

(4)

a list of countries that are allies of the United States that have the icebreaking capacity to exercise missions during any identified gap in United States icebreaking capacity; and

(5)

a description of the policy, financial, and other barriers that have prevented timely recapitalization of the Coast Guard icebreaking fleet and recommendations to overcome such barriers, including potential international fee-based models used to compensate governments for icebreaking escorts or maintenance of maritime routes.

(c)

Appropriate Committees of Congress.— In this section, the term “appropriate committees of Congress” means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

Subtitle B Pribilof Islands Transition Completion

SEC. 3531. Short Title.

This subtitle may be cited as the “Pribilof Islands Transition Completion Amendments Act of 2016”.

SEC. 3532. Conveyance of Property.

(a)

Conveyance.— Subsection (a) of section 522 of the Pribilof Island Transition Completion Act of 2016 (Public Law 114–120, as amended by this Act) is amended to read as follows:

“(a) Conveyance.—In partial settlement of land claims under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), and not later than 30 days after the date of enactment of the Pribilof Islands Transition Completion Amendments Act of 2016, the Secretary of Commerce shall, notwithstanding section 105(a) of the Pribilof Islands Transition Act (16 U.S.C. 1161 note; Public Law 106–562), convey to the Alaska Native Village Corporation for St. Paul Island all right, title, and interest of the United States in and to the following property, including improvements on such property:

“(1) Lots 4, 5, and 6A, Block 18, Tract A, U.S. Survey 4943, Alaska, the plat of which was Officially Filed on January 20, 2004, aggregating 13,006 square feet (0.30 acres).

“(2) T. 35 S., R. 131 W., Seward Meridian, Alaska, Tract 39, the plat of which was Officially Filed on May 14, 1986, containing 0.90 acres.”

(b)

Conforming Amendments; Easement.— Section 522 of such Act, as amended by subsection (a), is further amended—

(1)

by striking subsection (b);

(2)

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

(3)

by adding at the end the following:

“(c) Easement.—As part of the conveyance under subsection (a), the Secretary of Commerce, in cooperation with the Alaska Native Village Corporation for St. Paul Island, shall provide an easement to the Secretary of Transportation to maintain a non-directional beacon on the property described in subsection (a)(2).”

SEC. 3533. Transfer, Use, and Disposal of Tract 43.

(a)

In General.— Section 524 of the Pribilof Island Transition Completion Act of 2016 (Public Law 114–120, as amended by this Act) is amended to read as follows:

“SEC. 524. TRANSFER, USE, AND DISPOSAL OF TRACT 43.

“(a) Transfer.—Not later than 30 days after the date of the enactment of the Pribilof Islands Transition Completion Amendments Act of 2016, the Secretary of Commerce shall—

“(1) terminate the license; and

“(2) transfer tract 43 to the Secretary of the department in which the Coast Guard is operating.

“(b) Determination, Transfer, and Conveyance.—

“(1) In general.—Not later than the end of the 90-day period beginning on the date of the transfer required under subsection (a)(2), the Secretary 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 determination of—

“(A) lands and improvements in tract 43 that are not necessary to carry out Coast Guard communications and search and rescue activities; and

“(B) the smallest practicable tract enclosing lands and improvements in tract 43 that are necessary to carry out such communications and activities.

“(2) Surveys, maps, descriptions, and plan.—

“(A) Lands and improvements not necessary to coast guard activities.—The determination under paragraph (1)(A) shall include a metes-and-bounds survey, map, and legal description of the lands and improvements to which the determination applies. Such survey, map, and legal description shall have the same force and effect as if included in this section, except that the Secretary may correct clerical and typographical errors in the survey, map, and legal description.

“(B) Lands and improvements necessary to coast guard activities.—The determination under paragraph (1)(B) shall include with respect to the lands and improvements to which the determination applies—

“(i) a metes-and-bounds survey, map, and legal description of such lands and improvements, which shall have the same force and effect as if included in this section, except that the Secretary may correct clerical and typographical errors in the survey, map, and legal description;

“(ii) a description of Coast Guard actual use and occupancy of such lands and improvements intended to occur within 3 years after the date of the enactment of the Pribilof Islands Transition Completion Amendments Act of 2016; and

“(iii) a plan to maintain existing facilities in useable condition, or demolish or replace those facilities, including a cost estimate for carrying out such plan.

“(3) Conveyance.—In partial settlement of land claims under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), and not later than 60 days after the submission of the determination under paragraph (1)(A), the Secretary shall convey to the Alaska Native Village Corporation for St. Paul Island all right, title, and interest of the United States in and to the land and improvements depicted on the metes-and-bounds survey, map, and legal description of the lands and improvements to which the determination under paragraph (1)(A) applies.

“(4) Failure to provide determination.—If a determination under paragraph (1) is not provided within the period specified in that paragraph, in partial settlement of land claims under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) the Secretary shall, by not later than 30 days after the end of that period, convey all right, title, and interest of the United States in and to tract 43 to the Alaska Native Village Corporation for St. Paul Island.

“(5) Failure to implement use and occupancy.—If the use and occupancy described in paragraph (2)(B)(ii) have not been fully implemented within 5 years after the date of enactment of the Pribilof Islands Transition Completion Amendments Act of 2016, in partial settlement of land claims under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) the Secretary shall convey to the Alaska Native Village Corporation for St. Paul Island all right, title, and interest of the United States in and to such portions of the lands and improvements to which the determination under paragraph (1)(B) applies and for which such implementation has not occurred.

“(c) Further Determination and Conveyance.—

“(1) In general.—Not later than 5 years after the date of the enactment of the Pribilof Islands Transition Completion Amendments Act of 2016, and not less than once every 5 years thereafter, the Secretary shall—

“(A) review the determination made under subsection (b)(1)(B); and

“(B) determine if the lands and improvements to which the determination applies are in excess of the smallest practicable tract enclosing the lands and improvements needed to carry out Coast Guard missions.

“(2) Report of determination.—When a determination is made under paragraph (1), the Secretary shall report the determination to—

“(A) the Committee on Transportation and Infrastructure of the House of Representatives;

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

“(C) the Alaska Native Village Corporation for St. Paul Island.

“(3) Election to receive.—Not later than 60 days after the date it receives a determination under paragraph (1), the Alaska Native Village Corporation for St. Paul Island shall notify the Secretary in writing whether the Alaska Native Village Corporation elects to receive all right, title, and interest of the United States in and to any lands and improvements or a portion of any lands and improvements determined to be in excess of those needed to carry out Coast Guard missions in partial settlement of land claims under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).

“(4) Conveyance.—If such Alaska Native Village Corporation provides notice under paragraph (3) that the Alaska Native Village Corporation elects to receive all right, title, and interest of the United States in and to any lands and improvements or a portion of any lands and improvements, in partial settlement of land claims under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) the Secretary shall convey all right, title, and interest of the United States in and to the lands and improvements or portion thereof to such Alaska Native Village Corporation.

“(5) Other disposal.—If such Alaska Native Village Corporation does not provide notice under paragraph (3) that the Alaska Native Village Corporation elects to receive all right, title, and interest of the United States in and to any lands and improvements or a portion of any lands and improvements, the Secretary may dispose of the lands and improvements in accordance with other applicable law.

“(d) CERCLA Not Affected.—No transfer or conveyance of property under this section shall be construed to affect or limit the application of section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).

“(e) Reports.—

“(1) Remediation of contaminated soil.—Not later than 2 years after the date of the enactment of the Pribilof Islands Transition Completion Amendments Act of 2016 and not less than once every 2 years thereafter, the Secretary 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—

“(A) efforts taken to remediate contaminated soils on tract 43 and tract 39; and

“(B) a schedule for the completion of remediation of contaminated soils on tract 43 and tract 39.

“(2) Number of coast guard personnel who carried out coast guard missions.—On the 15th day of each month, 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 notice detailing the number of Coast Guard personnel who carried out Coast Guard missions on tract 43 during the previous month and what Coast Guard missions were carried out by such personnel.

“(f) Redundant Capability.—

“(1) Rule of construction.—Except as provided in paragraph (2), section 681 of title 14, United States Code, shall not be construed to prohibit any conveyance of lands or improvements under this subtitle or any actions that involve the dismantling or disposal of infrastructure that supported the former LORAN system that are associated with the conveyance of lands or improvements under this subtitle.

“(2) Redundant capability.—If, within the 5-year period beginning on the date of the enactment of the Pribilof Islands Transition Completion Amendments Act of 2016, the Secretary determines that communication equipment, including towers, antennae, and transmitters, on property conveyed in accordance with this subtitle is subsequently required to provide a positioning, navigation, and timing system to provide redundant capability in the event GPS signals are disrupted, the Secretary may—

“(A) operate, maintain, keep, locate, inspect, repair, and replace such equipment; and

“(B) in carrying out the activities described in subparagraph (A), enter, at any time, a facility without notice, to the extent that it is not possible to provide advance notice, for as long as such equipment is needed to provide such capability.

“(g) Federal Use.—In addition to entry under subsection (f)(2)(B), the Secretary may enter property conveyed in accordance with this subtitle for purposes of environmental compliance and remediation after providing advance notice to the property owner to the extent that it is possible to provide such notice.

“(h) High Frequency Communications.—

“(1) Restriction.—Except as provided in paragraph (2), on property contained within the boundaries of tract 43 as in effect on the date of enactment of the Pribilof Islands Transition Completion Amendments Act of 2016, no person may operate or maintain—

“(A) radio frequency transmitting equipment that produces a signal that exceeds 5 microvolts per meter field intensity, other than such equipment that was in use on the site before the date of the enactment of such Act; or

“(B) electric welding equipment, electric generating equipment, a diathermy machine, electric motors of any kind having greater than 5 horsepower, or any other machinery, engine, or equipment that causes any electromagnetic interference.

“(2) Exception.—A person may engage in operations or maintenance otherwise prohibited by paragraph (1) with the concurrence of the Secretary.

“(i) Definitions.—For purposes of this section:

“(1) License.—The term ‘license’ means the agreement dated January 9, 2006, entitled ‘License Agreement Between The Department of Homeland Security, United States Coast Guard, and The Department of Commerce, National Oceanic and Atmospheric Administration’.

“(2) Tract 39.—The term ‘tract 39’ means T. 35 S., R. 131 W., Seward Meridian, Alaska, Tract 39, the plat of which was Officially Filed on May 14, 1986, containing 0.90 acres.

“(3) Tract 43.—The term ‘tract 43’ means T. 35 S., R. 131 W., Seward Meridian, Alaska, Tract 43, the plat of which was Officially Filed on May 14, 1986, containing 84.88 acres, and any improvements on such tract.

“(4) Secretary.—The term ‘Secretary’ means the Secretary of the department in which the Coast Guard is operating.”

(b)

Chargeability for Lands Conveyed.— The Secretary of the Interior shall charge against the remaining entitlement of the Alaska Native Village Corporation for St. Paul Island under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) any conveyance of land to such corporation under this subtitle, including the amendments made by this subtitle.

(c)

Clerical Amendment.— The table of contents in section 2 of the Coast Guard Authorization Act of 2016 (Public Law 114–120, as amended by this Act) is amended by striking the item relating to section 524 and inserting the following:

“Sec. 524. Transfer, use, and disposal of tract 43.”.

(d)

Conforming Amendments.— Section 105 of the Pribilof Islands Transition Act (16 U.S.C. 1161 note; Public Law 106–562) is amended—

(1)

in subsection (e)(1), by striking “ or section 522 of the Pribilof Island Transition Completion Act of 2015” and inserting “ or section 522 of the Pribilof Island Transition Completion Act of 2016, or transferred to the Secretary of the department in which the Coast Guard is operating under section 524 of such Act,”; and

(2)

in subsection (f)(1), by striking “ and not transferred” and inserting “ and not transferred to the Secretary of the department in which the Coast Guard is operating under section 524 of the Pribilof Island Transition Completion Act of 2016 or”.

(e)

Savings Clause.— The Memorandum of Understanding among the Tanadgusix Corporation, St. Paul Island, Alaska, the Tanaq Corporation, St. George Island, Alaska, and the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration of the Department of Commerce, dated December 22, 1976, regarding Pribilof Islands Land Selections and the establishment and operation of a Joint Management Board, shall remain in effect with respect to land selections and conveyances until all obligations for conveyances under that agreement have been met, and the obligation to maintain a Joint Management Board remains in effect.

Subtitle C Sexual Harassment and Assault Prevention at the National Oceanic and Atmospheric Administration

SEC. 3541. Actions to Address Sexual Harassment at National Oceanic and Atmospheric Administration.

(a)

Required Policy.— Not later than 1 year after the date of the enactment of this Act, the Secretary of Commerce shall, acting through the Under Secretary for Oceans and Atmosphere, develop a policy on the prevention of and response to sexual harassment involving employees of the National Oceanic and Atmospheric Administration, members of the commissioned officer corps of the Administration, and individuals who work with or conduct business on behalf of the Administration.

(b)

Matters to Be Specified in Policy.— The policy developed under subsection (a) shall include—

(1)

establishment of a program to promote awareness of the incidence of sexual harassment;

(2)

clear procedures an individual should follow in the case of an occurrence of sexual harassment, including—

(A)

a specification of the person or persons to whom an alleged occurrence of sexual harassment should be reported by an individual and options for confidential reporting, including—

(i)

options and contact information for after-hours contact; and

(ii)

a procedure for obtaining assistance and reporting sexual harassment while working in a remote scientific field camp, at sea, or in another field status; and

(B)

a specification of any other person whom the victim should contact;

(3)

establishment of a mechanism by which—

(A)

questions regarding sexual harassment can be confidentially asked and confidentially answered; and

(B)

incidents of sexual harassment can be confidentially reported; and

(4)

a prohibition on retaliation and consequences for retaliatory actions.

(c)

Consultation and Assistance.— In developing the policy required by subsection (a), the Secretary may consult or receive assistance from such State, local, and national organizations and subject matter experts as the Secretary considers appropriate.

(d)

Availability of Policy.— The Secretary shall ensure that the policy developed under subsection (a) is available to—

(1)

all employees of the Administration and members of the commissioned officer corps of the Administration, including those employees and members who conduct field work for the Administration; and

(2)

the public.

(e)

Geographic Distribution of Equal Employment Opportunity Personnel.— The Secretary shall designate out of existing staff at least 1 employee of the Administration who is tasked with handling matters relating to equal employment opportunity or sexual harassment at each marine and aviation center of the Administration.

(f)

Quarterly Reports.—

(1)

In general.— Not less frequently than 4 times each year, the Director of the Civil Rights Office of the Administration shall submit to the Under Secretary a report on sexual harassment in the Administration.

(2)

Contents.— Each report submitted under paragraph (1) shall include the following:

(A)

The number of sexual harassment cases, both actionable and non-actionable, involving individuals covered by the policy developed under subsection (a).

(B)

The number of open actionable sexual harassment cases and how long the cases have been open.

(C)

Such trends or region-specific issues as the Director may have discovered with respect to sexual harassment in the Administration.

(D)

Such recommendations as the Director may have with respect to sexual harassment in the Administration.

SEC. 3542. Actions to Address Sexual Assault at National Oceanic and Atmospheric Administration.

(a)

Comprehensive Policy on Prevention of and Response to Sexual Assaults.— Not later than 1 year after the date of the enactment of this Act, the Secretary of Commerce shall, acting through the Under Secretary for Oceans and Atmosphere, develop a comprehensive policy on the prevention of and response to sexual assaults involving employees of the National Oceanic and Atmospheric Administration, members of the commissioned officer corps of the Administration, and individuals who work with or conduct business on behalf of the Administration.

(b)

Elements of Comprehensive Policy.— The comprehensive policy developed under subsection (a) shall, at minimum, address the following matters:

(1)

Prevention measures.

(2)

Education and training on prevention and response.

(3)

A list of support resources an individual may use in the occurrence of sexual assault, including—

(A)

options and contact information for after-hours contact; and

(B)

a procedure for obtaining assistance and reporting sexual assault while working in a remote scientific field camp, at sea, or in another field status.

(4)

Easy and ready availability of information described in paragraph (3).

(5)

Establishing a mechanism by which—

(A)

questions regarding sexual assault can be confidentially asked and confidentially answered; and

(B)

incidents of sexual assault can be confidentially reported.

(6)

Protocols for the investigation of complaints by command and law enforcement personnel.

(7)

Prohibiting retaliation and consequences for retaliatory actions against someone who reports a sexual assault.

(8)

Oversight by the Under Secretary of administrative and disciplinary actions in response to substantiated incidents of sexual assault.

(9)

Victim advocacy, including establishment of and the responsibilities and training requirements for victim advocates as described in subsection (c).

(10)

Availability of resources for victims of sexual assault within other Federal agencies and State, local, and national organizations.

(c)

Victim Advocacy.—

(1)

In general.— The Secretary, acting through the Under Secretary, shall establish victim advocates to advocate for victims of sexual assaults involving employees of the Administration, members of the commissioned officer corps of the Administration, and individuals who work with or conduct business on behalf of the Administration.

(2)

Victim advocates.— For purposes of this subsection, a victim advocate is an existing permanent employee of the Administration who—

(A)

is trained in matters relating to sexual assault and the comprehensive policy developed under subsection (a); and

(B)

serves as a victim advocate voluntarily and in addition to the employee’s other duties as an employee of the Administration.

(3)

Primary duties.— The primary duties of a victim advocate established under paragraph (1) shall include the following:

(A)

Supporting victims of sexual assault and informing them of their rights and the resources available to them as victims.

(B)

Acting as a companion in navigating investigative, medical, mental and emotional health, and recovery processes relating to sexual assault.

(C)

Helping to identify resources to ensure the safety of victims of sexual assault.

(4)

Location.— The Secretary shall ensure that at least 1 victim advocate established under paragraph (1) is stationed—

(A)

in each region in which the Administration conducts operations; and

(B)

in each marine and aviation center of the Administration.

(5)

Hotline.—

(A)

In general.— In carrying out this subsection, the Secretary shall provide a telephone number at which a victim of a sexual assault can contact a victim advocate.

(B)

24-hour access.— The Secretary shall ensure that the telephone number established under subparagraph (A) is monitored at all times.

(C)

Partnership.— The Secretary shall, where possible, use established hotlines for purposes of this paragraph.

(6)

Formal relationships with other entities.— The Secretary may enter into formal relationships with other entities to make available additional victim advocates.

(d)

Availability of Policy.— The Secretary shall ensure that the policy developed under subsection (a) is available to—

(1)

all employees of the Administration and members of the commissioned officer corps of the Administration, including those employees and members who conduct field work for the Administration; and

(2)

the public.

(e)

SEC. 3543. Rights of the Victim of a Sexual Assault.

A victim of a sexual assault covered by the comprehensive policy developed under section 3542(a) has the right to be reasonably protected from the accused.

SEC. 3544. Change of Station.

(a)

Change of Station, Unit Transfer, or Change of Work Location of Victims.—

(1)

Timely consideration and action upon request.— The Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, shall—

(A)

in the case of a member of the commissioned officer corps of the National Oceanic and Atmospheric Administration who was a victim of a sexual assault, in order to reduce the possibility of retaliation or further sexual assault, provide for timely determination and action on an application submitted by the victim for consideration of a change of station or unit transfer of the victim; and

(B)

in the case of an employee of the Administration who was a victim of a sexual assault, to the degree practicable and in order to reduce the possibility of retaliation against the employee for reporting the sexual assault, accommodate a request for a change of work location of the victim.

(2)

Procedures.—

(A)

Period for approval and disapproval.— The Secretary, acting through the Under Secretary, shall ensure that an application or request submitted under paragraph (1) for a change of station, unit transfer, or change of work location is approved or denied within 72 hours of the submission of the application or request.

(B)

Review.— If an application or request submitted under paragraph (1) by a victim of a sexual assault for a change of station, unit transfer, or change of work location of the victim is denied—

(i)

the victim may request the Secretary to review the denial; and

(ii)

the Secretary, acting through the Under Secretary, shall, not later than 72 hours after receiving such request, affirm or overturn the denial.

(b)

Change of Station, Unit Transfer, and Change of Work Location of Alleged Perpetrators.—

(1)

In general.— The Secretary, acting through the Under Secretary, shall develop a policy for the protection of victims of sexual assault described in subsection (a)(1) by providing the alleged perpetrator of the sexual assault with a change of station, unit transfer, or change of work location, as the case may be, if the alleged perpetrator is a member of the commissioned officer corps of the Administration or an employee of the Administration.

(2)

Policy requirements.— The policy required by paragraph (1) shall include the following:

(A)

A means to control access to the victim.

(B)

Due process for the victim and the alleged perpetrator.

(c)

Regulations.—

(1)

In general.— The Secretary shall promulgate regulations to carry out this section.

(2)

Consistency.— When practicable, the Secretary shall make regulations promulgated under this section consistent with similar regulations promulgated by the Secretary of Defense.

SEC. 3545. Applicability of Policies to Crews of Vessels Secured by National Oceanic and Atmospheric Administration under Contract.

The Under Secretary for Oceans and Atmosphere shall ensure that each contract into which the Under Secretary enters for the use of a vessel by the National Oceanic and Atmospheric Administration that covers the crew of the vessel, if any, shall include as a condition of the contract a provision that subjects such crew to the policy developed under section 3541(a) and the comprehensive policy developed under section 3542(a).

SEC. 3546. Annual Report on Sexual Assaults in the National Oceanic and Atmospheric Administration.

(a)

In General.— Not later than January 15 of each year, the Secretary of Commerce shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on the sexual assaults involving employees of the National Oceanic and Atmospheric Administration, members of the commissioned officer corps of the Administration, and individuals who work with or conduct business on behalf of the Administration.

(b)

Contents.— Each report submitted under subsection (a) shall include, with respect to the previous calendar year, the following:

(1)

The number of alleged sexual assaults involving employees, members, and individuals described in subsection (a).

(2)

A synopsis of each case and the disciplinary action taken, if any, in each case.

(3)

The policies, procedures, and processes implemented by the Secretary, and any updates or revisions to such policies, procedures, and processes.

(4)

A summary of the reports received by the Under Secretary for Oceans and Atmosphere under section 3541(f).

(c)

Privacy Protection.— In preparing and submitting a report under subsection (a), the Secretary shall ensure that no individual involved in an alleged sexual assault can be identified by the contents of the report.

SEC. 3547. Sexual Assault Defined.

In this subtitle, the term “sexual assault” shall have the meaning given such term in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)).

Lineage

Dec 23, 2016reading now Pub. L. 114–328 Enacted
Dec 23, 2016 S. 2943 · Enrolled Bill Congress
Jul 7, 2016 S. 2943 · Engrossed Amendment House House
Jun 21, 2016 S. 2943 · Printed Act Congress Ordered to be printed as passed
Jun 14, 2016 S. 2943 · Engrossed in Senate Senate
May 18, 2016 S. 2943 · Placed on Calendar Senate Senate Mr. McCain, from the Committee on Armed Services, reported the following original bill; which was read twice and placed on the calendar