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

116th Congress · Approved Dec 20, 2019 · 133 Stat. 1198

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 2020 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 20–D–931, KL Fuel Development Laboratory, Knolls Atomic Power Laboratory, Schenectady, New York, $23,700,000. General Purpose Project, PF–4 Power and Communications Systems Upgrade, Los Alamos National Laboratory, Los Alamos, New Mexico, $16,000,000.

SEC. 3102. Defense Environmental Cleanup.

(a)

Authorization of Appropriations.— Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2020 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701.

(b)

Authorization of New Plant Projects.— From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out, for defense environmental cleanup activities, the following new plant projects: Project 20–D–401, Saltstone Disposal Units numbers 10, 11, and 12, Savannah River Site, Aiken, South Carolina, $1,000,000. Project 20–D–402, Advanced Manufacturing Collaborative, Savannah River Site, Aiken, South Carolina, $50,000,000. Project 20–U–401, On-Site Waste Disposal Facility (Cell Lines 2 and 3), Portsmouth Site, Pike County, Ohio, $10,000,000.

SEC. 3103. Other Defense Activities.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2020 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 2020 for nuclear energy as specified in the funding table in section 4701.

Subtitle B Program Authorizations, Restrictions, and Limitations

SEC. 3111. Personnel Matters at National Nuclear Security Administration.

(a)

Personnel Levels of the Office of the Administrator for Nuclear Security.—

(1)

Personnel levels.—

(A)

Increase.— Subsection (a) of section 3241A of the National Nuclear Security Administration Act (50 U.S.C. 2441a) is amended by striking “ 1,690” both places it appears and inserting “ 1,890”.

(B)

Technical amendments.— Such subsection is further amended—

(i)

in paragraph (1), by striking “ By October 1, 2015, the” and inserting “ The”; and

(ii)

in paragraph (2), by striking “ 2016” and inserting “ 2020”.

(2)

Reports on service support contracts.— Subsection (f) of such section is amended—

(A)

in the matter preceding paragraph (1), by striking “ as of the date of the report” and inserting “ for the most recent fiscal year for which data are available”; and

(B)

by striking paragraph (5) and inserting the following new paragraphs:

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

“(A) identification of each appropriations account that supports the contract; and

“(B) the amount obligated under the contract during the fiscal year, listed by each such account.

“(6) With respect to each appropriations account identified under paragraph (5)(A), the total amount obligated for contracts identified under paragraph (2).”

(b)

Increase in Contracting, Program Management, Scientific, Engineering, and Technical Positions.— Section 3241 of the National Nuclear Security Administration Act (50 U.S.C. 2441) is amended in the first sentence by striking “ 600” and inserting “ 800”.

SEC. 3112. Estimation of Costs of Meeting Defense Environmental Cleanup Milestones Required by Consent Orders.

(a)

In General.— Subtitle A of title XLIV of the Atomic Energy Defense Act (50 U.S.C. 2581 et seq.) is amended by adding at the end the following new section:

“SEC. 4409. ESTIMATION OF COSTS OF MEETING DEFENSE ENVIRONMENTAL CLEANUP MILESTONES REQUIRED BY CONSENT ORDERS.

“The Secretary of Energy shall include in the budget justification materials submitted to Congress in support of the Department of Energy budget for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a report on the cost, for that fiscal year and the four fiscal years following that fiscal year, of meeting milestones required by a consent order at each defense nuclear facility at which defense environmental cleanup activities are occurring. The report shall include, for each such facility—

“(1) a specification of the cost of meeting such milestones during that fiscal year; and

“(2) an estimate of the cost of meeting such milestones during the four fiscal years following that fiscal year.”

(b)

Clerical Amendment.— The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4408 the following new item:

“Sec. 4409. Estimation of costs of meeting defense environmental cleanup milestones required by consent orders.”.

SEC. 3113. Office of Cost Estimating and Program Evaluation.

(a)

Reporting.— Section 3221(b)(1) of the National Nuclear Security Administration Act (50 U.S.C. 2411(b)(1)) is amended by adding at the end the following new sentence: “ The Director shall report directly to the Administrator.”.

(b)

Briefing.— Not later than 180 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall provide to the congressional defense committees a briefing on the plan of the Administrator to fully staff the Office of Cost Estimating and Program Evaluation of the National Nuclear Security Administration pursuant to section 3221(f) of the National Nuclear Security Administration Act (50 U.S.C. 2411(f)).

SEC. 3114. Clarification of Certain Stockpile Responsiveness Program Objectives.

Section 4220(c) of the Atomic Energy Defense Act (50 U.S.C. 2538b(c)) is amended—

(1)

in paragraph (3), by striking “ capabilities required, including prototypes” and inserting “ capabilities as required, such as through the use of prototypes”; and

(2)

in paragraph (6)—

(A)

by striking “ in consultation with the Director of National Intelligence” and inserting “ in coordination with the Director of National Intelligence”; and

(B)

by inserting “ if needed to meet intelligence requirements” after “ foreign countries”.

SEC. 3115. Elimination of Limitation on Availability of Funds Relating to Submission of Annual Reports on Unfunded Priorities.

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

(1)

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

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

“(1) a report on the unfunded priorities of the Administration; or

“(2) if the Administrator determines that there are no unfunded priorities to include in such a report, a certification and explanation by the Administrator, without delegation, of the determination.”

(2)

in subsection (b), by striking “ report required by subsection (a)” both places it appears and inserting “ report under subsection (a)(1)”;

(3)

by striking subsection (c); and

(4)

by redesignating subsection (d) as subsection (c).

SEC. 3116. Modification to Certain Requirements Relating to Plutonium Pit Production Capacity.

(a)

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

(1)

rebuilding a robust plutonium pit production infrastructure with a capacity of up to 80 pits per year is critical to maintaining the viability of the nuclear weapons stockpile;

(2)

that effort will require cooperation from experts across the nuclear security enterprise; and

(3)

any further delay to achieving a plutonium sustainment capability to support the planned stockpile life extension programs will result in an unacceptable capability gap to our deterrent posture.

(b)

Modification to Requirements.— Section 4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a) is amended—

(1)

in subsection (a), by striking paragraph (5) and inserting the following:

“(5) during 2030, produces not less than 80 war reserve plutonium pits.”

(2)

by striking subsection (b);

(3)

by redesignating subsections (c) and (d) as subsections (b) and (c), respectively;

(4)

in subsection (b), as redesignated by paragraph (2), by striking “ 2027 (or, if the authority under subsection (b) is exercised, 2029)” and inserting “ 2030”; and

(5)

in subsection (c), as redesignated by paragraph (2), by striking “ subsection (c)” and inserting “ subsection (b)”.

SEC. 3117. Annual Certification of Shipments to Waste Isolation Pilot Plant.

Section 3115(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2759), as amended by section 3137(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2303), is further amended, in the matter preceding paragraph (1), by striking “ three-year period” and inserting “ 10-year period”.

SEC. 3118. Extension and Modification of Pilot Program on Unavailability for Overhead Costs of Amounts Specified for Laboratory-Directed Research and Development.

Section 3119 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 50 U.S.C. 2791 note) is amended—

(1)

in subsection (c)(2), by striking “ three” and inserting “ four”; and

(2)

in subsection (d)—

(A)

by striking “ Before the termination under subsection (c)(2) of the pilot program required by subsection (a)” and inserting “ Not later than February 15, 2020”; and

(B)

by inserting before the end period the following: “ , including effects on laboratory-directed research and development and other programs”.

SEC. 3119. Modification to Limitation on Availability of Funds for Acceleration of Nuclear Weapons Dismantlement.

Subsection (a) of section 3125 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2766), as amended by section 3117 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1890), is amended by striking “ $56,000,000” and inserting “ $87,000,000”.

SEC. 3120. Implementation of Common Financial Reporting System for Nuclear Security Enterprise.

Not more than 90 percent of the funds authorized to be appropriated by section 3101 for the National Nuclear Security Administration for fiscal year 2020 for Federal salaries and expenses and available for travel and transportation may be obligated or expended before the date on which the Administrator for Nuclear Security completes implementation of the common financial reporting system for the nuclear security enterprise as required by section 3113(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 50 U.S.C. 2512 note).

SEC. 3121. Limitation Relating to Reclassification of High-Level Waste.

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Department of Energy may be obligated or expended by the Secretary of Energy to apply the interpretation of high-level radioactive waste described in the notice published by the Secretary titled “Supplemental Notice Concerning U.S. Department of Energy Interpretation of High-Level Radioactive Waste” (84 Fed. Reg. 26835), or successor notice, with respect to such waste located in the State of Washington.

SEC. 3122. National Laboratory Jobs Access Program.

(a)

In General.— On or after the date that is 180 days after the date of the enactment of this Act, the Secretary may establish a program, to be known as the “Department of Energy National Lab Jobs ACCESS Program”, under which the Secretary may award, on a competitive basis, 5-year grants to eligible entities described in subsection (c) for the Federal share of the costs of pre-apprenticeship programs and apprenticeship programs described in subsection (b).

(b)

Pre-apprenticeship and Apprenticeship Programs Described.— A pre-apprenticeship program or apprenticeship program described in this subsection is a pre-apprenticeship program or apprenticeship program that—

(1)

leads to recognized postsecondary credentials for secondary school and postsecondary students;

(2)

is focused on skills and qualifications needed, as determined by the Secretary in consultation with the directors of the National Laboratories, to meet the immediate and ongoing needs of traditional and emerging technician positions (including machinists and cybersecurity technicians) at the National Laboratories and covered facilities of the National Nuclear Security Administration;

(3)

is established in consultation with a National Laboratory or covered facility of the National Nuclear Security Administration;

(4)

is registered with and approved by the Secretary of Labor or a State apprenticeship agency; and

(5)

ensures that participants in the pre-apprenticeship program or apprenticeship program do not displace paid employees.

(c)

Eligible Entities Described.— An eligible entity described in this subsection is a workforce intermediary or an eligible sponsor of a pre-apprenticeship program or apprenticeship program that—

(1)

demonstrates experience in implementing and providing career planning and career pathways toward pre-apprenticeship programs or apprenticeship programs;

(2)

(A)

has a relationship with a National Laboratory or covered facility of the National Nuclear Security Administration;

(B)

has knowledge of the technician workforce needs of the laboratory or facility and the associated security requirements of the laboratory or facility; and

(C)

is eligible to enter into an agreement with the laboratory or facility that would be paid for in part or entirely from grant funds received under this section;

(3)

demonstrates the ability to recruit and support individuals who plan to work in relevant technician positions upon the successful completion of the pre-apprenticeship program or apprenticeship program;

(4)

provides students who complete the pre-apprenticeship program or apprenticeship program with, or prepares such students for obtaining, a recognized postsecondary credential;

(5)

uses related instruction that is specifically aligned with the needs of the laboratory or facility and utilizes workplace learning advisors and on-the-job training to the greatest extent possible; and

(6)

demonstrates successful outcomes connecting graduates of the pre-apprenticeship program or apprenticeship program to careers relevant to the program.

(d)

Applications.— If the Secretary establishes the program described in subsection (a), an eligible entity described in subsection (c) seeking a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

(e)

Priority.— In selecting eligible entities described in subsection (c) to receive grants under this section, the Secretary may prioritize an eligible entity that—

(1)

is a member of an industry or sector partnership;

(2)

provides related instruction for a pre-apprenticeship program or apprenticeship program through—

(A)

a local educational agency, a secondary school, a provider of adult education, an area career and technical education school, or an institution of higher education (such as a community college) that includes basic science, technology, and mathematics education in the related instruction; or

(B)

an apprenticeship program that was registered with the Department of Labor or a State apprenticeship agency before the date on which the eligible entity applies for the grant under subsection (d);

(3)

works with the Secretary of Defense, the Secretary of Veterans Affairs, or veterans organizations to transition members of the Armed Forces and veterans to pre-apprenticeship programs or apprenticeship programs in a relevant sector;

(4)

plans to use the grant to carry out the pre-apprenticeship program or apprenticeship program with an entity that receives State funding or is operated by a State agency; and

(5)

plans to use the grant to carry out the pre-apprenticeship program or apprenticeship program for—

(A)

young adults ages 16 to 29, inclusive; or

(B)

individuals with barriers to employment.

(f)

Additional Consideration.— In making grants under this section, the Secretary may consider regional diversity.

(g)

Limitation on Applications.— An eligible entity described in subsection (c) may not submit, either individually or as part of a joint application, more than one application for a grant under this section during any one fiscal year.

(h)

Limitations on Amount of Grant.— The amount of a grant provided under this section may not, for any 24-month period of the 5-year grant period, exceed $500,000.

(i)

Non-Federal Share.— The non-Federal share of the cost of a pre-apprenticeship program or apprenticeship program carried out using a grant under this section shall be not less than 25 percent of the total cost of the program.

(j)

Technical Assistance.— The Secretary may provide technical assistance to eligible entities described in subsection (c) to leverage the existing job training and education programs of the Department of Labor and other relevant programs at appropriate Federal agencies.

(k)

Report.—

(1)

In general.— If the Secretary establishes the program described in subsection (a), not less than once every 2 years thereafter, the Secretary shall submit to Congress, and make publicly available on the website of the Department of Energy, a report on the program, including—

(A)

a description of—

(i)

any entity that receives a grant under this section;

(ii)

any activity carried out using a grant under this section; and

(iii)

best practices used to leverage the investment of the Federal Government under this section; and

(B)

an assessment of the results achieved by the program, including the rate of employment for participants after completing a pre-apprenticeship program or apprenticeship program carried out using a grant under this section.

(2)

Performance reports.— Not later than one year after the establishment of a pre-apprenticeship program or apprenticeship program using a grant awarded under this section, and annually thereafter, the entity carrying out the program shall submit to the Secretary and the Secretary of Labor a report on the effectiveness of the program based on the accountability measures described in clauses (i) and (ii) of section 116(b)(2)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)).

(l)

Definitions.— In this section:

(1)

ESEA terms.— The terms “local educational agency” and “secondary school” have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(2)

WIOA terms.— The terms “career planning”, “community-based organization”, “customized training”, “economic development agency”, “individual with a barrier to employment”, “industry or sector partnership”, “on-the-job training”, “recognized postsecondary credential”, and “workplace learning advisor” have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

(3)

Apprenticeship program.— The term “apprenticeship program” means a program registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).

(4)

Area career and technical education school.— The term “area career and technical education school” has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).

(5)

Community college.— The term “community college” has the meaning given the term “junior or community college” in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)).

(6)

Covered facility of the national nuclear security administration.— The term “covered facility of the National Nuclear Security Administration” means a national security laboratory or a nuclear weapons production facility as such terms are defined in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501).

(7)

Eligible sponsor.— The term “eligible sponsor” means a public organization or nonprofit organization that—

(A)

with respect to an apprenticeship program, administers the program through a partnership that may include—

(i)

an industry or sector partnership;

(ii)

an employer or industry association;

(iii)

a labor-management organization;

(iv)

a local workforce development board or State workforce development board;

(v)

a 2- or 4-year institution of higher education that offers an educational program leading to an associate’s or bachelor’s degree in conjunction with a certificate of completion of apprenticeship;

(vi)

the Armed Forces (including the National Guard and Reserves);

(vii)

a community-based organization; or

(viii)

an economic development agency; and

(B)

with respect to a pre-apprenticeship program, is a local educational agency, a secondary school, an area career and technical education school, a provider of adult education, a State workforce development board, a local workforce development board, or a community-based organization, that administers the program with any required coordination and necessary approvals from the Secretary of Labor or a State department of labor.

(8)

Institution of higher education.— The term “institution of higher education” has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(9)

Local workforce development board.— The term “local workforce development board” has the meaning given the term “local board” in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

(10)

National laboratory.— The term “National Laboratory” has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).

(11)

Nonprofit organization.— The term “nonprofit organization” means an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.

(12)

Pre-apprenticeship program.— The term “pre-apprenticeship program” means a program—

(A)

designed to prepare individuals to enter and succeed in an apprenticeship program; and

(B)

that has a documented partnership with at least one, if not more, apprenticeship programs.

(13)

Provider of adult education.— The term “provider of adult education” has the meaning given the term “eligible provider” in section 203 of the Adult Education and Family Literacy Act (29 U.S.C. 3272).

(14)

Related instruction.— The term “related instruction” means an organized and systematic form of instruction designed to provide an individual in a pre-apprenticeship program or apprenticeship program with the knowledge of the technical subjects related to the intended occupation of the individual after completion of the program.

(15)

Secretary.— The term “Secretary” means the Secretary of Energy, in consultation with the Secretary of Labor, except as otherwise specified in this section.

(16)

Sponsor.— The term “sponsor” means any person, association, committee, or organization operating a pre-apprenticeship program or apprenticeship program and in whose name the program is (or is to be) registered or approved.

(17)

State apprenticeship agency.— The term “State apprenticeship agency” has the meaning given that term in section 29.2 of title 29, Code of Federal Regulations (or any corresponding similar regulation or ruling).

(18)

State workforce development board.— The term “State workforce development board” has the meaning given the term “State board” in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

(19)

Workforce intermediary.— The term “workforce intermediary”—

(A)

means a nonprofit organization that—

(i)

proactively addresses workforce needs using a dual customer approach, which considers the needs of both employees and employers; and

(ii)

has partnered with a sponsor of a pre-apprenticeship program or apprenticeship program or is a sponsor of a pre-apprenticeship program or apprenticeship program; and

(B)

may include a community organization, an employer organization, a community college, a temporary staffing agency, a State workforce development board, a local workforce development board, or a labor or labor-management organization.

Subtitle C Reports and Other Matters

SEC. 3131. Civil Penalties for Violations of Certain Whistleblower Protections.

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

(1)

in the heading, by inserting “ and whistleblower” after “ safety”;

(2)

in subsection a.—

(A)

by inserting “ , or who violates any applicable law, rule, regulation, or order related to nuclear safety whistleblower protections,” before “ shall be subject to a civil penalty”; and

(B)

by adding at the end the following new sentence: “ The Secretary of Energy may carry out this section with respect to the National Nuclear Security Administration by acting through the Administrator for Nuclear Security.”; and

(3)

by adding at the end the following new subsection:

“e. In this section, the term ‘nuclear safety whistleblower protections’ means the protections for employees of contractors or subcontractors from reprisals pursuant to section 4712 of title 41, United States Code, section 211 of the Energy Reorganization Act of 1974 (42 U.S.C. 5851), or other provisions of Federal law (including rules, regulations, or orders) affording such protections, with respect to disclosures or other activities covered by such protections that relate to nuclear safety.”

SEC. 3132. Repeal of Assessments of Adequacy of Budget Requests Relating to Nuclear Weapons Stockpile.

(a)

In General.— Section 3255 of the National Nuclear Security Administration Act (50 U.S.C. 2455) is repealed.

(b)

Clerical Amendment.— The table of contents for the National Nuclear Security Administration Act is amended by striking the item relating to section 3255.

SEC. 3133. Repeal of Requirement for Review Relating to Enhanced Procurement Authority.

Section 4806 of the Atomic Energy Defense Act (50 U.S.C. 2786) is amended—

(1)

by striking subsection (e); and

(2)

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

SEC. 3134. Improvements to Energy Employees Occupational Illness Compensation Program Act of 2000.

(a)

Office of Ombudsman.— Section 3686 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s–15) is amended—

(1)

in subsection (c)—

(A)

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

(B)

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

“(2) To provide guidance and assistance to claimants.”

; and

(2)

in subsection (h), by striking “ 2019” and inserting “ 2020”.

(b)

Advisory Board on Toxic Substances and Worker Health.— Section 3687 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s–16) is amended—

(1)

in subsection (b)(1)—

(A)

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

(B)

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

(C)

by adding after subparagraph (D) the following:

“(E) the claims adjudication process generally, including review of procedure manual changes prior to incorporation into the manual and claims for medical benefits; and

“(F) such other matters as the Secretary considers appropriate; and”

(2)

in subsection (g)—

(A)

by striking “ The Secretary of Energy shall” and inserting “ The Secretary of Energy and the Secretary of Labor shall each”; and

(B)

by adding at the end the following new sentence: “ The Secretary of Labor shall make available to the Board the program’s medical director, toxicologist, industrial hygienist and program’s support contractors as requested by the Board.”;

(3)

by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and

(4)

by inserting after subsection (g) the following:

“(h) Response to Recommendations.—Not later than 60 days after submission to the Secretary of Labor of the Board’s recommendations, the Secretary shall respond to the Board in writing, and post on the public internet website of the Department of Labor, a response to the recommendations that—

“(1) includes a statement of whether the Secretary accepts or rejects the Board’s recommendations;

“(2) if the Secretary accepts the Board’s recommendations, describes the timeline for when those recommendations will be implemented; and

“(3) if the Secretary does not accept the recommendations, describes the reasons the Secretary does not agree and provides all scientific research to the Board supporting that decision.”

SEC. 3135. Replacement of W78 Warhead.

(a)

Report.—

(1)

In general.— Not later than 210 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall submit to the congressional defense committees a report on replacing the W78 warhead.

(2)

Matters included.— The report under paragraph (1) shall include the following:

(A)

A discussion of the alternatives considered with respect to replacing the W78 warhead, including—

(i)

a description of the technical risks, schedule, and costs for each alternative to replacing the W78 warhead; and

(ii)

a description of any changes since January 15, 2014, to the requirements for such alternatives.

(B)

A review of the matters under subparagraph (A) by the Director for Cost Estimating and Program Evaluation of the National Nuclear Security Administration.

(b)

Independent Study.—

(1)

In general.— The Administrator shall seek to enter into an arrangement with the private scientific advisory group known as JASON to conduct a study of the plan of the Administrator to replace the W78 warhead. Such study shall include—

(A)

an assessment of the risks to certification; and

(B)

the need for planned upgrades to such warhead.

(2)

Submission.— Not later than 150 days after the date of the enactment of this Act, the Administrator shall submit to the congressional defense committees the study under paragraph (1), without change.

SEC. 3136. Independent Review of Capabilities for Detection, Verification, and Monitoring of Nuclear Weapons and Fissile Material.

(a)

Plan.— Not later than 30 days after the date of the enactment of this Act, the Secretary of Energy, in consultation with the Secretary of Defense, shall seek to enter into a contract with the National Academy of Sciences to conduct an independent review and assessment of United States capabilities for detection, verification, and monitoring of nuclear weapons and fissile material.

(b)

Elements.— The review and assessment required by subsection (a) shall include the following:

(1)

An evaluation of the current national research enterprise for detection, verification, and monitoring of nuclear weapons and fissile material.

(2)

Integration of roles, responsibilities, and planning for such detection, verification, and monitoring within the Federal Government.

(3)

Opportunities to leverage the national research enterprise to further prevent the proliferation of nuclear weapons and fissile material, including with respect to policy, research and development, and testing and evaluation.

(4)

Opportunities for international engagement for building cooperation and transparency, including bilateral and multilateral efforts, to improve inspections, detection, and monitoring of nuclear weapons and fissile material, and to create incentives for such cooperation and transparency.

(5)

Opportunities for new or expanded research and development efforts to improve detection and monitoring of, and in-field inspection and analysis capabilities with respect to, nuclear weapons and fissile materials.

(6)

Opportunities for improved coordination between departments and agencies of the Federal Government and the military departments, national laboratories, commercial industry, and academia.

(7)

Opportunities for leveraging commercial capabilities.

(c)

Submission to Congress.—

(1)

In general.— Not later than one year after the date of the enactment of this Act, the Secretary of Energy shall submit to the congressional defense committees, without change, the findings of the National Academy resulting from the review and assessment conducted under subsection (a).

(2)

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

SEC. 3137. Assessment of High Energy Density Physics.

(a)

In General.— Not later than 90 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine to conduct an assessment of recent advances and the current status of research in the field of high energy density physics.

(b)

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

(1)

Theoretical and computational modeling of high energy density material phases, radiation-matter interactions, plasmas atypical of astrophysical conditions, and conditions unique to the National Nuclear Security Administration.

(2)

The simulation of such phases, interactions, plasmas, and conditions.

(3)

Instrumentation and target fabrication.

(4)

Workforce training.

(5)

An assessment of advancements made by other countries in high energy density physics.

(6)

Such others items as are agreed upon by the Administrator and the National Academies.

(c)

Applicability of Internal Controls.— The assessment under subsection (a) shall be conducted in accordance with the internal controls of the National Academies.

(d)

Report to Congress.— Not later than 18 months after entering into the arrangement under subsection (a), the National Academies of Sciences, Engineering, and Medicine shall submit to the congressional defense committees a report on the assessment conducted under that subsection.

(e)

High Energy Density Physics Defined.— In this section, the term “high energy density physics” means the physics of matter and radiation at—

(1)

energy densities exceeding 100,000,000,000 joules per cubic meter; and

(2)

other temperature and pressure ranges within the warm dense matter regime.

SEC. 3138. Determination of Effect of Treaty Obligations with Respect to Producing Tritium.

Not later than February 15, 2020, the Secretary of Energy shall—

(1)

determine whether the Agreement for Cooperation on the Uses of Atomic Energy for Mutual Defense Purposes, signed at Washington, July 3, 1958 (9 UST 1028), between the United States and the United Kingdom, permits the United States to obtain low-enriched uranium for the purposes of producing tritium in the United States; and

(2)

submit to the congressional defense committees a report on that determination.

SEC. 3139. Technical Corrections to National Nuclear Security Administration Act and Atomic Energy Defense Act.

(a)

Definitions in National Nuclear Security Administration Act.— Section 3281(2)(A) of the National Nuclear Security Administration Act (50 U.S.C. 2471(2)(A)) is amended by striking “ Plant” and inserting “ National Security Campus”.

(b)

Amendments to Atomic Energy Defense Act.—

(1)

Definitions.— Section 4002(9)(A) of the Atomic Energy Defense Act (50 U.S.C. 2501(9)(A)) is amended striking “ Plant” and inserting “ National Security Campus”.

(2)

Stockpile stewardship, management, and responsiveness plan.— Section 4203 of the Atomic Energy Defense Act (50 U.S.C. 2523) is amended—

(A)

in subsection (d)(4)(A)(ii), by striking “ quadrennial defense review if such strategy has not been submitted” and inserting “ national defense strategy”;

(B)

in subsection (e)(1)(A)(i), by striking “ or the most recent quadrennial defense review, as applicable under subsection (d)(4)(A), and the” and inserting “ referred to in subsection (d)(4)(A)(i), the most recent the national defense strategy, and the most recent”; and

(C)

in subsection (f)—

(i)

by striking paragraph (4);

(ii)

by redesignating paragraph (3) as paragraph (4); and

(iii)

by inserting after paragraph (2) the following new paragraph (3):

“(3) The term ‘national defense strategy’ means the review of the defense programs and policies of the United States that is carried out every four years under section 113(g) of title 10, United States Code.”

(3)

Manufacturing infrastructure for nuclear weapons stockpile.— Section 4212 of the Atomic Energy Defense Act (50 U.S.C. 2532) is amended—

(A)

in subsection (a)(1), in the matter preceding subparagraph (A), by inserting “ most recent” before “ Nuclear Posture Review”; and

(B)

in subsection (b)—

(i)

in paragraph (2), by striking “ Plant” and inserting “ National Security Complex”; and

(ii)

in paragraph (4), by striking “ Plant” and inserting “ National Security Campus, Kansas City, Missouri”.

(4)

Reports on life extension programs.—

(A)

In general.— Section 4216 of the Atomic Energy Defense Act (50 U.S.C. 2536) is amended—

(i)

in the section heading, by striking “ lifetime” and inserting “ life”; and

(ii)

by striking “ lifetime” each place it appears and inserting “ life”.

(B)

Clerical amendment.— The table of contents for the Atomic Energy Defense Act is amended by striking the item relating to section 4216 and inserting the following new item:

“Sec. 4216. Reports on life extension programs.”.

(5)

Advice on safety, security, and reliability of nuclear weapons stockpile.— Section 4218 of the Atomic Energy Defense Act (50 U.S.C. 2538) is amended—

(A)

in subsection (d), by striking “ or the Commander of the United States Strategic Command”; and

(B)

in subsection (e)(1)—

(i)

by striking “ , a member of” and all that follows through “ Strategic Command” and inserting “ or a member of the Nuclear Weapons Council”; and

(ii)

by striking “ , member, or Commander” and inserting “ or member”.

(6)

Life-cycle cost estimates.— Section 4714(a) of the Atomic Energy Defense Act (50 U.S.C. 2754(a)) is amended—

(A)

by striking “ 413.3” and inserting “ 413.3B”; and

(B)

by inserting “ , or a successor order,” after “ assets)”.

(7)

Unfunded priorities.—

(A)

In general.— Section 4716 of the Atomic Energy Defense Act (50 U.S.C. 2756) is amended in the section heading by striking “ national nuclear security administration” and inserting “ administration”.

(B)

Clerical amendment.— The table of contents for the Atomic Energy Defense Act is amended by striking the item relating to section 4716 and inserting the following new item:

“Sec. 4716. Unfunded priorities of the Administration.”.

(8)

Reviews of capital assets acquisition projects.— Section 4733(d)(3)(B) of the Atomic Energy Defense Act (50 U.S.C. 2773(d)(3)(B)) is amended by striking “ 413.3” and inserting “ 413.3B”.

TITLE XXXII Defense Nuclear Facilities Safety Board

SECTION 3201. Authorization.

There are authorized to be appropriated for fiscal year 2020, $29,450,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).

SEC. 3202. Improvements to Defense Nuclear Facilities Safety Board.

(a)

Staff.—

(1)

Executive director of operations.—

(A)

Establishment of position.— Subsection (b) of section 313 of the Atomic Energy Act of 1954 (42 U.S.C. 2286b) is amended by adding at the end the following new paragraph:

“(3)

(A) The Board shall have an Executive Director of Operations who shall be appointed under section 311(c)(6).

“(B) The Executive Director of Operations shall report to the Chairman.

“(C) The Executive Director of Operations shall be the senior employee of the Board responsible for—

“(i) general administration and technical matters;

“(ii) ensuring that the members of the Board are fully and currently informed with respect to matters for which the members are responsible; and

“(iii) the functions delegated by the Chairman pursuant to section 311(c)(3)(B).”

(B)

Delegation of functions.— Paragraph (3) of section 311(c) of such Act (42 U.S.C. 2286(c)) is amended—

(i)

by striking “ The Chairman” and inserting “ (A) The Chairman”; and

(ii)

by adding at the end the following new subparagraph:

“(B) In carrying out subparagraph (A), the Chairman shall delegate to the Executive Director of Operations established under section 313(b)(3) the following functions:

“(i) Administrative functions of the Board.

“(ii) Appointment and supervision of employees of the Board not specified under paragraph (6).

“(iii) Distribution of business among the employees and administrative units and offices of the Board.

“(iv) Preparation of—

“(I) proposals for the reorganization of the administrative units or offices of the Board;

“(II) the budget estimate for the Board; and

“(III) the proposed distribution of funds according to purposes approved by the Board.”

(2)

Provision of information to board.— Such section 311(c), as amended by paragraph (1)(B), is further amended—

(A)

in paragraph (2), by striking “ paragraphs (5), (6), and (7)” and inserting “ paragraphs (5) and (6)”;

(B)

by striking paragraph (6); and

(C)

by redesignating paragraph (7) as paragraph (6).

(3)

Appointment and removal powers.— Paragraph (6) of such section 311(c), as redesignated by paragraph (2)(C), is amended to read as follows:

“(6)

(A) The Chairman, subject to the approval of the Board, shall appoint the senior employees described in subparagraph (C). Any member of the Board may propose to the Chairman an individual to be so appointed.

“(B) The Chairman, subject to the approval of the Board, may remove a senior employee described in subparagraph (C). Any member of the Board may propose to the Chairman an individual to be so removed.

“(C) The senior employees described in this subparagraph are the following senior employees of the Board:

“(i) The Executive Director of Operations established under section 313(b)(3).

“(ii) The general counsel.”

(4)

Organization of staff of board.— Section 313(b) of such Act, as amended by paragraph (1)(A), is further amended—

(A)

in paragraph (1)(A), by striking “ section 311(c)(7)” and inserting “ section 311(c)(6)”; and

(B)

by adding at the end the following new paragraph:

“(4) Subject to the approval of the Board, the Chairman may organize the staff of the Board as the Chairman considers appropriate to best accomplish the mission of the Board described in section 312(a).”

(5)

Temporary personnel levels.— During fiscal year 2020, the Defense Nuclear Facilities Safety Board shall employ not fewer than the equivalent of 100 full-time employees.

(b)

Public Health and Safety.— Section 312(a) of such Act (42 U.S.C. 2286a(a)) is amended by inserting before the period at the end the following: “ , including with respect to the health and safety of employees and contractors at such facilities”.

(c)

Access to Facilities, Personnel, and Information.— Section 314 of such Act (42 U.S.C. 2286c) is amended—

(1)

in subsection (a)—

(A)

by striking “ The Secretary of Energy” and inserting “ Except as specifically provided by this section, the Secretary of Energy”;

(B)

by striking “ ready access” both places it appears and inserting “ prompt and unfettered access”; and

(C)

by adding at the end the following new sentence: “ The access provided to defense nuclear facilities, personnel, and information under this subsection shall be provided without regard to the hazard or risk category assigned to a facility by the Secretary.”; and

(2)

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

“(b) Authority of Secretary to Deny Information.—

(1) The Secretary may deny access to information under subsection (a) only to any person who—

“(A) has not been granted an appropriate security clearance or access authorization by the Secretary; or

“(B) does not need such access in connection with the duties of such person.

“(2) If the Board requests access to information under subsection (a) in written form, and the Secretary denies access to such information pursuant to paragraph (1)—

“(A) the Secretary shall provide the Board notice of such denial in written form; and

“(B) not later than January 1 and July 1 of each year beginning in 2020—

“(i) the Board shall submit to the congressional defense committees a report identifying each request for access to information under subsection (a) submitted to the Secretary in written form during the preceding six-month period and denied by the Secretary; and

“(ii) the Secretary shall submit to the congressional defense committees a report identifying—

“(I) each such request denied by the Secretary during that period; and

“(II) the reason for the denial.

“(3) In this subsection, the term ‘congressional defense committees’ has the meaning given that term in section 101(a) of title 10, United States Code.

“(c) Application of Nondisclosure Protections by Board.—The Board may not publicly disclose information provided under this section if such information is otherwise protected from disclosure by law, including deliberative process information.”

SEC. 3203. Membership of Defense Nuclear Facilities Safety Board.

(a)

List of Candidates for Nomination.— Subsection (b) of section 311 of the Atomic Energy Act of 1954 (42 U.S.C. 2286) is amended by adding at the end the following new paragraph:

“(4) The President shall enter into an arrangement with the National Academy of Sciences under which the National Academy shall maintain a list of individuals who meet the qualifications described in paragraph (1) to assist the President in selecting individuals to nominate for positions as members of the Board.”

(b)

Terms of Members.—

(1)

In general.— Subsection (d) of such section is amended—

(A)

in paragraph (1), by striking the second sentence and inserting the following new sentences: “ A member may be reappointed for a second term only if the member was confirmed by the Senate more than two years into the member’s first term. A member may not be reappointed for a third term.”; and

(B)

in paragraph (3)—

(i)

by striking “ Any member” and inserting “ (A) Any member”;

(ii)

by striking the second sentence; and

(iii)

by adding at the end the following new subparagraph:

“(B) A member may not serve after the expiration of the member’s term, unless the departure of the member would result in the loss of a quorum for the Board. If more than one member is serving after the expiration of the member’s term and a new member is appointed to the Board so that one of the members serving after the expiration of the member’s term is no longer necessary to maintain a quorum, the member whose term expired first may no longer serve on the Board.”

(2)

Effective date.— The amendments made by paragraph (1) shall take effect on the date that is one year after the date of the enactment of this Act.

(c)

Filling Vacancies.— Such subsection is further amended by adding at the end the following new paragraph:

“(4)

(A) Not later than 180 days after the expiration of the term of a member of the Board, the President shall—

“(i) submit to the Senate the nomination of an individual to fill the vacancy; or

“(ii) submit to the Committee on Armed Services of the Senate a report that includes—

“(I) a description of the reasons the President did not submit such a nomination; and

“(II) a plan for submitting such a nomination during the 90-day period following the submission of the report.

“(B) If the President does not submit to the Senate the nomination of an individual to fill a vacancy during the 90-day period described in subclause (II) of subparagraph (A)(ii), the President shall submit to the Committee on Armed Services a report described in that subparagraph not less frequently than every 90 days until the President submits such a nomination.”

TITLE XXXIV Naval Petroleum Reserves

SEC. 3401. Authorization of Appropriations.

(a)

Amount.— There are hereby authorized to be appropriated to the Secretary of Energy $14,000,000 for fiscal year 2020 for the purpose of carrying out activities under chapter 869 of title 10, United States Code, relating to the naval petroleum reserves.

(b)

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

TITLE XXXV Maritime Matters

Subtitle A Maritime Administration

SEC. 3501. Authorization of the Maritime Administration.

(a)

In General.— There are authorized to be appropriated to the Department of Transportation for fiscal year 2020, 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, $95,944,000, of which—

(A)

$77,944,000 shall remain available until September 30, 2021 for Academy operations; and

(B)

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

(2)

For expenses necessary to support the State maritime academies, $50,280,000, of which—

(A)

$2,400,000 shall remain available until September 30, 2021, for the Student Incentive Program;

(B)

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

(C)

$30,080,000 shall remain available until expended for maintenance and repair of State maritime academy training vessels;

(D)

$3,800,000 shall remain available until expended for training ship fuel assistance; and

(E)

$8,000,000 shall remain available until expended for offsetting the costs of training ship sharing.

(3)

For expenses necessary to support the National Security Multi-Mission Vessel Program, $600,000,000, which shall remain available until expended.

(4)

For expenses necessary to support Maritime Administration operations and programs, $60,442,000, of which $5,000,000 shall remain available until expended for activities authorized under section 50307 of title 46, United States Code.

(5)

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

(6)

For expenses necessary to maintain and preserve a United States flag Merchant Marine to serve the national security needs of the United States under chapter 531 of title 46, United States Code, $300,000,000, which shall remain available until expended.

(7)

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

(A)

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

(B)

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

(8)

For expenses necessary to provide assistance to small shipyards and for maritime training programs under section 54101 of title 46, United States Code, $40,000,000, which shall remain available until expended.

(9)

For expenses necessary to implement the Port and Intermodal Improvement Program, $500,000,000, except that no funds shall be used for a grant award to purchase fully automated cargo handling equipment that is remotely operated or remotely monitored with or without the exercise of human intervention or control, if the Secretary determines such equipment would result in a net loss of jobs within a port or port terminal.

SEC. 3502. Reauthorization of Maritime Security Program.

(a)

Award of Operating Agreements.— Section 53103 of title 46, United States Code, is amended by striking “ 2025” each place it appears and inserting “ 2035”.

(b)

Effectiveness of Operating Agreements.— Section 53104(a) of title 46, United States Code, is amended by striking “ 2025” and inserting “ 2035”.

(c)

Payments.— Section 53106(a)(1) of title 46, United States Code, is amended—

(1)

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

(2)

in subparagraph (C), by striking “ $3,700,000 for each of fiscal years 2022, 2023, 2024, and 2025.” and inserting “ $5,300,000 for each of fiscal years 2022, 2023, 2024, and 2025;”; and

(3)

by adding at the end the following new subparagraphs:

“(D) $5,800,000 for each of fiscal years 2026, 2027, and 2028;

“(E) $6,300,000 for each of fiscal years 2029, 2030, and 2031; and

“(F) $6,800,000 for each of fiscal years 2032, 2033, 2034, and 2035.”

(d)

Authorization of Appropriations.— Section 53111 of title 46, United States Code, is amended—

(1)

in paragraph (2), by striking “ and”;

(2)

in paragraph (3), by striking “ $222,000,000 for each fiscal year thereafter through fiscal year 2025.” and inserting “ $318,000,000 for each of fiscal years 2022, 2023, 2024, and 2025;”; and

(3)

by adding at the end the following new paragraphs:

“(4) $348,000,000 for each of fiscal years 2026, 2027, and 2028;

“(5) $378,000,000 for each of fiscal years 2029, 2030, and 2031; and

“(6) $408,000,000 for each of fiscal years 2032, 2033, 2034, and 2035.”

SEC. 3503. Maritime Technical Assistance Program.

Section 50307 of title 46, United States Code, is amended—

(1)

in subsection (a), by striking “ The Secretary of Transportation may engage in the environmental study” and inserting “ The Secretary of Transportation, acting through the Maritime Administrator, shall engage in the study”;

(2)

in subsection (b)—

(A)

by striking “ may—” and all that follows through “ improvements by—” and inserting “ shall identify, study, evaluate, test, demonstrate, or improve emerging marine technologies and practices to improve—”;

(B)

by inserting before subparagraph (A) the following:

“(1) environmental performance to meet United States Federal and international standards and guidelines, including—”

(C)

in subparagraph (C), by striking “ species; and” and all that follows through the end of the subsection and inserting

“(D) reducing propeller cavitation; and

“(2) the efficiency and safety of domestic maritime industries.”

(3)

in subsection (c)(2), by striking “ benefits” and inserting “ or other benefits to domestic maritime industries”; and

(4)

by adding at the end the following:

“(e) Limitations on the Use of Funds.—Not more than three percent of the funds appropriated to carry out this section may be used for administrative purposes.”

SEC. 3504. Appointment of Candidates Attending Sponsored Preparatory School.

Section 51303 of title 46, United States Code, is amended—

(1)

by striking “ The Secretary” and inserting the following:

“(a) In General.—The Secretary”

; and

(2)

by adding at the end the following:

“(b) Appointment of Candidates Selected for Preparatory School Sponsorship.—The Secretary of Transportation may appoint each year as cadets at the United States Merchant Marine Academy not more than 40 qualified individuals sponsored by the Academy to attend preparatory school during the academic year prior to entrance in the Academy, and who have successfully met the terms and conditions of sponsorship set by the Academy.”

SEC. 3505. General Support Program.

Section 51501 of title 46, United States Code, is amended by adding at the end the following:

“(c) American Maritime Centers of Excellence.—The Secretary shall designate each State maritime academy as an American Maritime Center of Excellence.”

SEC. 3506. Improvements to the Maritime Guaranteed Loan Program.

(a)

Definitions.— Section 53701 of title 46, United States Code, is amended—

(1)

by striking paragraph (5);

(2)

by redesignating paragraphs (6) through (15) as paragraphs (5) through (14), respectively; and

(3)

by adding at the end the following:

“(15) Vessel of national interest.—The term ‘Vessel of National Interest’ means a vessel deemed to be of national interest that meets characteristics determined by the Administrator, in consultation with the Secretary of Defense, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Department of the Navy, or the heads of other Federal agencies, as described in section 53703(d).”

(b)

Preferred Lender.— Subsection (a) of section 53702 of title 46, United States Code, is amended to read as follows:

“(a) In General.—

“(1) Guarantee of payments.—The Secretary or Administrator, on terms the Secretary or Administrator may prescribe, may guarantee or make a commitment to guarantee the payment of the principal of and interest on an obligation eligible to be guaranteed under this chapter. A guarantee or commitment to guarantee shall cover 100 percent of the principal and interest.

“(2) Preferred eligible lender.—The Federal Financing Bank shall be the preferred eligible lender of the principal and interest of the guaranteed obligations issued under this chapter.”

(c)

Application and Administration.— Section 53703 of title 46, United States Code, is amended—

(1)

in the section heading, by striking “ procedures” and inserting “ and administration”; and

(2)

by adding at the end the following:

“(c) Independent Analysis.—

“(1) In general.—To assess and mitigate the risks due to factors associated with markets, technology, financial, or legal structures related to an application or guarantee under this chapter, the Secretary or Administrator may utilize third party experts, including legal counsel, to—

“(A) process and review applications under this chapter, including conducting independent analysis and review of aspects of an application;

“(B) represent the Secretary or Administrator in structuring and documenting the obligation guarantee;

“(C) analyze and review aspects of, structure, and document the obligation guarantee during the term of the guarantee;

“(D) recommend financial covenants or financial ratios to be met by the applicant during the time a guarantee under this chapter is outstanding that are—

“(i) based on the financial covenants or financial ratios, if any, that are then applicable to the obligor under private sector credit agreements; and

“(ii) in lieu of other financial covenants applicable to the obligor under this chapter with respect to requirements regarding long-term debt-to-equity, minimum working capital, or minimum amount of equity; and

“(E) represent the Secretary or Administrator to protect the security interests of the Government relating to an obligation guarantee.

“(2) Private sector expert.—Independent analysis, review, and representation conducted under this subsection shall be performed by a private sector expert in the applicable field who is selected by the Secretary or Administrator.

“(d) Vessels of National Interest.—

“(1) Notice of funding.—The Secretary or Administrator may post a notice in the Federal Register regarding the availability of funding for obligation guarantees under this chapter for the construction, reconstruction, or reconditioning of a Vessel of National Interest and include a timeline for the submission of applications for such vessels.

“(2) Vessel characteristics.—

“(A) In general.—The Secretary or Administrator, in consultation with the Secretary of Defense, the Secretary of the Department in which the Coast Guard is operating when it is not operating as service in the Department of the Navy, or the heads of other Federal agencies, shall develop and publish a list of vessel types that would be considered Vessels of National Interest.

“(B) Review.—Such list shall be reviewed and revised every four years or as necessary, as determined by the Administrator.”

(d)

Funding Limits.— Section 53704 of title 46, United States Code, is amended—

(1)

in subsection (a)—

(A)

by striking “ that amount” and all the follows through “ $850,000,000” and inserting “ that amount, $850,000,000”; and

(B)

by striking “ facilities” and all that follows through the end of the subsection and inserting “ facilities.”; and

(2)

in subsection (c)(4)—

(A)

by striking subparagraph (A); and

(B)

by redesignating subparagraphs (B) through (K), as subparagraphs (A) through (J), respectively.

(e)

Eligible Purposes of Obligations.— Section 53706 of title 46, United States Code, is amended—

(1)

in subsection (a)(1)(A)—

(A)

in the matter preceding clause (i), by striking “ (including an eligible export vessel)”;

(B)

in clause (iv) by inserting “ or” after the semicolon;

(C)

in clause (v), by striking “ ; or” and inserting a period; and

(D)

by striking clause (vi); and

(2)

in subsection (c)(1)—

(A)

in subparagraph (A), by striking “ and” after the semicolon;

(B)

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

(C)

by adding at the end the following:

“(C) after applying subparagraphs (A) and (B), Vessels of National Interest.”

(f)

Amount of Obligations.— Section 53709(b) of title 46, United States Code, is amended—

(1)

by striking paragraphs (3) and (6); and

(2)

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

(g)

Contents of Obligations.— Section 53710 of title 46, United States Code, is amended—

(1)

in subsection (a)(4)—

(A)

in subparagraph (A)—

(i)

by striking “ or, in the case of” and all that follows through “ party”; and

(ii)

by striking “ and” after the semicolon; and

(B)

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

(C)

by adding at the end the following:

“(C) documented under the laws of the United States for the term of the guarantee of the obligation or until the obligation is paid in full, whichever is sooner.”

; and

(2)

in subsection (c)—

(A)

in the subsection heading, by inserting “ and Provide for the Financial Stability of the Obligor” after “ Interests”;

(B)

by striking “ provisions for the protection of” and inserting

“(1) provisions for the protection of”

(C)

by striking “ , and other matters that the Secretary or Administrator may prescribe.” and inserting, “ ; and”; and

(D)

by adding at the end the following:

“(2) any other provisions that the Secretary or Administrator may prescribe.”

(h)

Administrative Fees.— Section 53713 of title 46, United States Code, is amended—

(1)

in subsection (a)—

(A)

in the matter preceding paragraph (1), by striking “ reasonable for—” and inserting “ reasonable for processing the application and monitoring the loan guarantee, including for—”;

(B)

in paragraph (4), by striking “ ; and” and inserting “ or a deposit fund under section 53716 of this title;”;

(C)

in paragraph (5), by striking the period at the end and inserting “ ; and”; and

(D)

by adding at the end the following:

“(6) monitoring and providing services related to the obligor’s compliance with any terms related to the obligations, the guarantee, or maintenance of the Secretary or Administrator’s security interests under this chapter.”

; and

(2)

in subsection (c)—

(A)

in paragraph (1), by striking “ under section 53708(d) of this title” and inserting “ under section 53703(c) of this title”;

(B)

by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and adjusting the margins accordingly;

(C)

by striking “ The Secretary” and inserting the following:

“(1) In general.—The Secretary”

; and

(D)

by adding at the end the following:

“(2) Fee limitation inapplicable.—Fees collected under this subsection are not subject to the limitation of subsection (b).”

(i)

Best Practices; Eligible Export Vessels.— Chapter 537 of title 46, United States Code, is further amended—

(1)

in subchapter I, by adding at the end the following new section:

“§ 53719. Best practices

“The Secretary or Administrator shall ensure that all standard documents and agreements that relate to loan guarantees made pursuant to this chapter are reviewed and updated every four years to ensure that such documents and agreements meet the current commercial best practices to the extent permitted by law.”

; and

(2)

in subchapter III, by striking section 53732.

(j)

Expedited Consideration of Low-risk Applications.—

(1)

In general.— In accordance with the requirements of this subsection, the Administrator shall establish an administrative process and issue guidance for the expedited consideration of low-risk applications submitted under chapter 537 of title 46, United States Code.

(2)

Stakeholder comment.— Not later than 180 days after the date of enactment of this section, the Administrator of the Maritime Administration shall publish in the Federal Register a notice of a 45-day public comment period to request stakeholder input and recommendations to establish the administrative process required under this subsection, including proposals to assist applicants—

(A)

in the development and submission of initial applications;

(B)

in meeting requests for supplemental information made by the Administrator; and

(C)

to comply with other requirements made by the Administrator to ensure the expedited consideration of applications.

(3)

Industry best practices.— The administrative process established under this subsection shall utilize, to the extent practicable, relevant Federal and industry best practices found in the maritime and shipbuilding industries.

(4)

Final guidance.— Not later than 90 days after the conclusion of the public comment period required under paragraph (2), the Administrator shall publish in the Federal Register final guidance to assist applicants in the preparation and filing of applications under this subsection.

(k)

Congressional Notification.—

(1)

Notification.— Not less than 60 days before reorganizing or consolidating the activities or personnel covered under chapter 537 of title 46, United States Code, the Secretary of Transportation shall notify, in writing, the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the proposed reorganization or consolidation.

(2)

Contents.— Each notification under paragraph (1) shall include an evaluation of, and justification for, the reorganization or consolidation.

(l)

Clerical Amendments.— The table of sections at the beginning of chapter 537 of title 46, United States Code, is amended—

(1)

by inserting after the item relating to section 53718 the following new item:

“53719. Best practices.”; and

(2)

by striking the item relating to section 53732.

SEC. 3507. Requirement for Small Shipyard Grantees.

(a)

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

(1)

by striking “ Grants awarded” and inserting the following:

“(1) In general.—Grants awarded”

; and

(2)

by adding at the end the following:

“(2) Buy america.—

“(A) In general.—Subject to subparagraph (B), no funds may be obligated by the Administrator of the Maritime Administration under this section, unless each product and material purchased with those funds (including products and materials purchased by a grantee), and including any commercially available off-the-shelf item, is—

“(i) an unmanufactured article, material, or supply that has been mined or produced in the United States; or

“(ii) a manufactured article, material, or supply that has been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States.

“(B) Exceptions.—

“(i) In general.—Notwithstanding subparagraph (A), the requirements of that subparagraph shall not apply with respect to a particular product or material if the Administrator determines—

“(I) that the application of those requirements would be inconsistent with the public interest;

“(II) that such product or material is not available in the United States in sufficient and reasonably available quantities, of a satisfactory quality, or on a timely basis; or

“(III) that inclusion of a domestic product or material will increase the cost of that product or material by more than 25 percent, with respect to a certain contract between a grantee and that grantee’s supplier.

“(ii) Federal register.—A determination made by the Administrator under this subparagraph shall be published in the Federal Register.

“(C) Definitions.—ln this paragraph:

“(i) The term ‘commercially available off-the-shelf item’ means—

“(I) any item of supply (including construction material) that is—

“(aa) a commercial item, as defined by section 2.101 of title 48, Code of Federal Regulations (as in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020); and

“(bb) sold in substantial quantities in the commercial marketplace; and

“(II) does not include bulk cargo, as defined in section 40102(4) of this title, such as agricultural products and petroleum products.

“(ii) The term ‘product or material’ means an article, material, or supply brought to the site by the recipient for incorporation into the building, work, or project. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

“(iii) The term ‘United States’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.”

(b)

Authorization of Appropriations.— Section 54101(i) of title 46, United States Code, is amended—

(1)

by striking “ 2018, 2019, and 2020” and inserting “ 2020 and 2021”; and

(2)

by striking “ $35,000,000” and inserting “ $40,000,000”.

(c)

Notification of Committees of Certain Proposed Obligations.— The first section of Public Law 85-804 (50 U.S.C. 1431) is amended, in the third sentence, by inserting “ and in addition, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with respect to contracts, or modifications or amendments to contracts, or advance payments proposed to be made under this section by the Secretary of the Department in which the Coast Guard is operating with respect to the acquisition of Coast Guard cutters or aircraft,” after “ House of Representatives”.

SEC. 3508. Salvage Recoveries of Cargoes.

Section 57107 of title 46, United States Code, is amended by adding at the end the following:

“(c) Salvaging Cargoes.—

“(1) Reimbursable agreements.—The Secretary of Transportation, acting through the Administrator of the Maritime Administration, may enter into reimbursable agreements with other Federal entities to provide legal services to such entities relating to the salvaging of cargoes for which such entities have custody, or control, or for which for such entities have trustee responsibilities from vessels in the custody or control of the Maritime Administration or its predecessor agencies. The Secretary may receive and retain reimbursement from such entities for all costs incurred related to the provision of such services.

“(2) Amounts received.—Amounts received as reimbursements under this subsection shall be credited to the fund or account that was used to cover the costs incurred by the Secretary or, if the period of availability of obligations for that appropriation has expired, to the appropriation of funds that is currently available to the Secretary for substantially the same purpose. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.

“(3) Advance payments.—Payments made in advance shall be for any part of the estimated cost as determined by the Secretary of Transportation. Adjustments to the amounts paid in advance shall be made as agreed to by the Secretary of Transportation and the head of the ordering agency or unit based on the actual cost of goods or services provided.”

SEC. 3509. Salvage Recoveries for Subrogated Ownership of Vessels and Cargoes.

(a)

In General.— Chapter 571 of title 46, United States Code, as amended by this title, is further amended by adding at the end the following new section:

“SEC. 57111. SALVAGE RECOVERIES FOR SUBROGATED OWNERSHIP OF VESSELS AND CARGOES.

“(a) Salvage Agreements.—The Secretary of Transportation is authorized to enter into marine salvage agreements for the recoveries, sale, and disposal of sunken or damaged vessels, cargoes, or properties owned or insured by or on behalf of the Maritime Administration, the United States Shipping Board, the U.S. Shipping Bureau, the United States Maritime Commission, or the War Shipping Administration.

“(b) Military Craft.—The Secretary of Transportation shall consult with the Secretary of the military department concerned prior to engaging in or authorizing any activity under subsection (a) that will disturb sunken military craft, as such term is defined in section 1408(3) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 113 note).

“(c) Recoveries.—Notwithstanding any other provision of law, the net proceeds from salvage agreements entered into as authorized in subsection (a) shall remain available until expended and be distributed as follows:

“(1) Fifty percent shall be available to the Administrator of the Maritime Administration for the payment or reimbursement of expenses incurred by or on behalf of State maritime academies or the United States Merchant Marine Academy for facility and training ship maintenance, repair, and modernization, and for the purchase of simulators and fuel.

“(2) The remainder shall be distributed for maritime heritage preservation to the Department of the Interior for grants as authorized by section 308703 of title 54.”

(b)

Clerical Amendment.— The table of sections at the beginning of such chapter, as amended by this title, is further amended by adding at the end the following new item:

“57111. Salvage recoveries for subrogated ownership of vessels and cargoes.”.

SEC. 3510. Maritime Occupational Safety and Health Advisory Committee.

Section 7 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 656) is amended by adding at the end the following:

“(d) There is established a Maritime Occupational Safety and Health Advisory Committee, which shall be a continuing body and shall provide advice to the Secretary in formulating maritime industry standards and regarding matters pertaining to the administration of this Act related to the maritime industry. The composition of such advisory committee shall be consistent with the advisory committees established under subsection (b). A member of the advisory committee who is otherwise qualified may continue to serve until a successor is appointed. The Secretary may promulgate or amend regulations as necessary to implement this subsection.”

SEC. 3511. Military to Mariner.

(a)

Credentialing Support.— Not later than one year after the date of enactment of this title, the Secretary of Defense, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Department of the Navy, the Secretary of Commerce, and the Secretary of Health and Human Services, with respect to the applicable services in their respective departments, and in coordination with one another and with the United States Committee on the Marine Transportation System, and in consultation with the Merchant Marine Personnel Advisory Committee, shall, consistent with applicable law, identify all training and experience within the applicable service that may qualify for merchant mariner credentialing and submit a list of all identified training and experience to the United States Coast Guard National Maritime Center for a determination of whether such training and experience counts for credentialing purposes.

(b)

Review of Applicable Service.— The United States Coast Guard Commandant shall make a determination of whether training and experience counts for credentialing purposes, as described in subsection (a), not later than 6 months after the date on which the United States Coast Guard National Maritime Center receives a submission under subsection (a) identifying a training or experience and requesting such a determination.

(c)

Fees and Services.— The Secretary of Defense, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Department of the Navy, and the Secretary of Commerce, with respect to the applicable services in their respective departments, shall—

(1)

take all necessary and appropriate actions to provide for the waiver of fees through the National Maritime Center license evaluation, issuance, and examination for members of the uniformed services on active duty, if a waiver is authorized and appropriate, and, if a waiver is not granted, take all necessary and appropriate actions to provide for the payment of fees for members of the uniformed services on active duty by the applicable service to the fullest extent permitted by law;

(2)

direct the applicable services to take all necessary and appropriate actions to provide for Transportation Worker Identification Credential cards for members of the uniformed services on active duty pursuing or possessing a mariner credential, such as implementation of an equal exchange process for members of the uniformed services on active duty at no or minimal cost;

(3)

ensure that members of the applicable services who are to be discharged or released from active duty and who request certification or verification of sea service be provided such certification or verification no later than one month after discharge or release;

(4)

ensure the applicable services have developed, or continue to operate, as appropriate, the online resource known as Credentialing Opportunities On-Line to support separating members of the uniformed services who are seeking information and assistance on merchant mariner credentialing; and

(5)

not later than 1 year after the date of enactment of this section, take all necessary and appropriate actions to review and implement service-related medical certifications to merchant mariner credential requirements.

(d)

Advancing Military to Mariner Within the Employer Agencies.—

(1)

In general.— The Secretary of Defense, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Department of the Navy, and the Secretary of Commerce shall have direct hiring authority to employ separated members of the uniformed services with valid merchant mariner licenses or sea service experience in support of United States national maritime needs, including the Army Corps of Engineers, U.S. Customs and Border Protection, and the National Oceanic and Atmospheric Administration.

(2)

Appointments of retired members of the armed forces.— Except in the case of positions in the Senior Executive Service, the requirements of section 3326(b) of title 5, United States Code, shall not apply with respect to the hiring of a separated member of the uniformed services under paragraph (1).

(e)

Separated Member of the Uniformed Services.— In this section, the term “separated member of the uniformed services” means an individual who—

(1)

is retiring or is retired as a member of the uniformed services;

(2)

is voluntarily separating or voluntarily separated from the uniformed services at the end of enlistment or service obligation; or

(3)

is administratively separating or has administratively separated from the uniformed services with an honorable or general discharge characterization.

SEC. 3512. Department of Transportation Inspector General Report.

The Inspector General of the Department of Transportation shall—

(1)

not later than 180 days after the date of enactment of this title, initiate an audit of the Maritime Administration’s actions to address only those recommendations from Chapter 3 and recommendations 5–1, 5–2, 5–3, 5–4, 5–5, and 5–6 identified by a National Academy of Public Administration panel in the November 2017 report entitled “Maritime Administration: Defining its Mission, Aligning its Programs, and Meeting its Objectives”; and

(2)

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 containing the results of that audit once the audit is completed.

SEC. 3513. Independent Study on the United States Merchant Marine Academy.

(a)

In General.— Not later than 180 days after the date of enactment of this title, the Secretary of Transportation shall seek to enter into an agreement with the National Academy of Public Administration (referred to in this section as the “Academy”) to carry out the activities described in this section.

(b)

Study Elements.— In accordance with the agreement described in subsection (a), the Academy shall conduct a study of the United States Merchant Marine Academy that consists of the following:

(1)

A comprehensive assessment of the United States Merchant Marine Academy’s systems, training, facilities, infrastructure, information technology, and stakeholder engagement.

(2)

Identification of needs and opportunities for modernization to help the United States Merchant Marine Academy keep pace with more modern campuses.

(3)

Development of an action plan for the United States Merchant Marine Academy with specific recommendations for—

(A)

improvements or updates relating to the opportunities described in paragraph (2); and

(B)

systemic changes needed to help the United States Merchant Marine Academy achieve its mission of inspiring and educating the next generation of the mariner workforce on a long-term basis.

(c)

Deadline and Report.— Not later than 1 year after the date of the agreement described in subsection (a), the Academy shall prepare and submit to the Administrator of the Maritime Administration a report containing the action plan described in subsection (b)(3), including specific findings and recommendations.

SEC. 3514. Port Operations, Research, and Technology.

(a)

Short Title.— This section may be cited as the “Ports Improvement Act”.

(b)

Port and Intermodal Improvement Program.— Section 50302 of title 46, United States Code, is amended by striking subsection (c) and inserting the following:

“(c) Port and Intermodal Improvement Program.—

“(1) General authority.—Subject to the availability of appropriations, the Secretary of Transportation shall make grants, on a competitive basis, to eligible applicants to assist in funding eligible projects for the purpose of improving the safety, efficiency, or reliability of the movement of goods through ports and intermodal connections to ports.

“(2) Eligible applicant.—The Secretary may make a grant under this subsection to the following:

“(A) A State.

“(B) A political subdivision of a State, or a local government.

“(C) A public agency or publicly chartered authority established by 1 or more States.

“(D) A special purpose district with a transportation function.

“(E) An Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304), without regard to capitalization), or a consortium of Indian Tribes.

“(F) A multistate or multijurisdictional group of entities described in this paragraph.

“(G) A lead entity described in subparagraph (A), (B), (C), (D), (E), or (F) jointly with a private entity or group of private entities.

“(3) Eligible projects.—The Secretary may make a grant under this subsection—

“(A) for a project, or package of projects, that—

“(i) is either—

“(I) within the boundary of a port; or

“(II) outside the boundary of a port, but is directly related to port operations or to an intermodal connection to a port; and

“(ii) will be used to improve the safety, efficiency, or reliability of—

“(I) the loading and unloading of goods at the port, such as for marine terminal equipment;

“(II) the movement of goods into, out of, around, or within a port, such as for highway or rail infrastructure, intermodal facilities, freight intelligent transportation systems, and digital infrastructure systems; or

“(III) environmental mitigation measures and operational improvements directly related to enhancing the efficiency of ports and intermodal connections to ports; or

“(B) notwithstanding paragraph (6)(A)(v), to provide financial assistance to 1 or more projects under subparagraph (A) for development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, and preliminary engineering and design work.

“(4) Prohibited uses.—A grant award under this subsection may not be used—

“(A) to finance or refinance the construction, reconstruction, reconditioning, or purchase of a vessel that is eligible for such assistance under chapter 537, unless the Secretary determines such vessel—

“(i) is necessary for a project described in paragraph (3)(A)(ii)(III) of this subsection; and

“(ii) is not receiving assistance under chapter 537; or

“(B) for any project within a small shipyard (as defined in section 54101).

“(5) Applications and process.—

“(A) Applications.—To be eligible for a grant under this subsection, an eligible applicant shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary considers appropriate.

“(B) Solicitation process.—Not later than 60 days after the date that amounts are made available for grants under this subsection for a fiscal year, the Secretary shall solicit grant applications for eligible projects in accordance with this subsection.

“(6) Project selection criteria.—

“(A) In general.—The Secretary may select a project described in paragraph (3) for funding under this subsection if the Secretary determines that—

“(i) the project improves the safety, efficiency, or reliability of the movement of goods through a port or intermodal connection to a port;

“(ii) the project is cost effective;

“(iii) the eligible applicant has authority to carry out the project;

“(iv) the eligible applicant has sufficient funding available to meet the matching requirements under paragraph (8);

“(v) the project will be completed without unreasonable delay; and

“(vi) the project cannot be easily and efficiently completed without Federal funding or financial assistance available to the project sponsor.

“(B) Additional considerations.—In selecting projects described in paragraph (3) for funding under this subsection, the Secretary shall give substantial weight to—

“(i) the utilization of non-Federal contributions; and

“(ii) the net benefits of the funds awarded under this subsection, considering the cost-benefit analysis of the project, as applicable.

“(C) Small projects.—The Secretary may waive the cost-benefit analysis under subparagraph (A)(ii), and establish a simplified, alternative basis for determining whether a project is cost effective, for a small project described in paragraph (7)(B).

“(7) Allocation of funds.—

“(A) Geographic distribution.—Not more than 25 percent of the amounts made available for grants under this subsection for a fiscal year may be used to make grants for projects in any 1 State.

“(B) Small projects.—The Secretary shall reserve 25 percent of the amounts made available for grants under this subsection each fiscal year to make grants for eligible projects described in paragraph (3)(A) that request the lesser of—

“(i) 10 percent of the amounts made available for grants under this subsection for a fiscal year; or

“(ii) $10,000,000.

“(C) Development phase activities.—Not more than 10 percent of the amounts made available for grants under this subsection for a fiscal year may be used to make grants for development phase activities under paragraph (3)(B).

“(8) Federal share of total project costs.—

“(A) Total project costs.—To be eligible for a grant under this subsection, an eligible applicant shall submit to the Secretary an estimate of the total costs of a project under this subsection based on the best available information, including any available engineering studies, studies of economic feasibility, environmental analyses, and information on the expected use of equipment or facilities.

“(B) Federal share.—

“(i) In general.—Except as provided in clause (ii), the Federal share of the total costs of a project under this subsection shall not exceed 80 percent.

“(ii) Rural areas.—The Secretary may increase the Federal share of costs above 80 percent for a project located in a rural area.

“(9) Procedural safeguards.—The Secretary shall issue guidelines to establish appropriate accounting, reporting, and review procedures to ensure that—

“(A) grant funds are used for the purposes for which those funds were made available;

“(B) each grantee properly accounts for all expenditures of grant funds; and

“(C) grant funds not used for such purposes and amounts not obligated or expended are returned.

“(10) Grant conditions.—

“(A) In general.—The Secretary shall require as a condition of making a grant under this subsection that a grantee—

“(i) maintain such records as the Secretary considers necessary;

“(ii) make the records described in clause (i) available for review and audit by the Secretary; and

“(iii) periodically report to the Secretary such information as the Secretary considers necessary to assess progress.

“(B) Additional requirement.—The Secretary shall apply the same requirements of section 117(k) of title 23, United States Code, to a port project assisted in whole or in part under this section as the Secretary does a port-related freight project under section 117 of title 23, United States Code.

“(C) Construction, repair, or alteration of vessels.—With regard to the construction, repair, or alteration of vessels, the same requirements of section 117(k) of title 23, United States Code, shall apply regardless of whether the location of contract performance is known when bids for such work are solicited.

“(11) Administration.—

“(A) Administrative and oversight costs.—The Secretary may retain not more than 2 percent of the amounts appropriated for each fiscal year under this subsection for the administrative and oversight costs incurred by the Secretary to carry out this subsection.

“(B) Availability.—

“(i) In general.—Amounts appropriated for carrying out this subsection shall remain available until expended.

“(ii) Unexpended funds.—Amounts awarded as a grant under this subsection that are not expended by the grantee during the 5-year period following the date of the award shall remain available to the Secretary for use for grants under this subsection in a subsequent fiscal year.

“(12) Definitions.—In this subsection:

“(A) Appropriate committees of congress.—The term ‘appropriate committees of Congress’ means—

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

“(ii) the Committee on Transportation and Infrastructure of the House of Representatives.

“(B) Port.—The term ‘port’ includes—

“(i) any port on the navigable waters of the United States; and

“(ii) any harbor, marine terminal, or other shore side facility used principally for the movement of goods on inland waters.

“(C) Project.—The term ‘project’ includes construction, reconstruction, environmental rehabilitation, acquisition of property, including land related to the project and improvements to the land, equipment acquisition, and operational improvements.

“(D) Rural area.—The term ‘rural area’ means an area that is outside an urbanized area.

“(d) Additional Authority of the Secretary.—In carrying out this section, the Secretary may—

“(1) coordinate with other Federal agencies to expedite the process established under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the improvement of port facilities to improve the efficiency of the transportation system, to increase port security, or to provide greater access to port facilities;

“(2) seek to coordinate all reviews or requirements with appropriate Federal, State, and local agencies; and

“(3) in addition to any financial assistance provided under subsection (c), provide such technical assistance to port authorities or commissions or their subdivisions and agents.”

(c)

Savings Clause.— A repeal made by subsection (b) of this section shall not affect amounts apportioned or allocated before the effective date of the repeal. Such apportioned or allocated funds shall continue to be subject to the requirements to which the funds were subject under—

(1)

section 50302(c) of title 46, United States Code, as in effect on the day before the date of enactment of this title;

(2)

section 9008 of the SAFETEA-LU Act (Public Law 109–59; 119 Stat. 1926);

(3)

section 10205 of the SAFETEA-LU Act (Public Law 109–59; 119 Stat. 1934); and

(4)

section 3512 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (48 U.S.C. 1421r).

(d)

Remedial Actions.— Section 533 of the Coast Guard Authorization Act of 2016 (Public Law 114–120; 130 Stat. 74) is amended by adding at the end the following:

“(f) Remedial Actions.—For purposes of the conveyances under this section, the remedial actions required under section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) may be completed by the United States Coast Guard after the date of such conveyance and a deed entered into for such conveyance shall include a clause granting the United States Coast Guard access to the property in any case in which remedial action or corrective action is found to be necessary after the date of such conveyance.”

(e)

Environmental Compliance.— Section 534(a) of the Coast Guard Authorization Act of 2016 (Public Law 114-120; 42 U.S.C. 9620 note) is amended—

(1)

by striking “ Nothing” and inserting “ After the date on which the Secretary of the Interior conveys land under section 533 of this Act, nothing”; and

(2)

by inserting “ , with respect to contaminants on such land prior to the date on which the land is conveyed” before the period.

SEC. 3515. Assessment and Report on Strategic Seaports.

(a)

In General.— Not later than 90 days after the date of the enactment of this title, the Secretary of Defense shall submit to 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 a report on port facilities used for military purposes at ports designated by the Department of Defense as strategic seaports.

(b)

Elements.— The report required by subsection (a) shall include, with respect to port facilities included in the report, the following:

(1)

An assessment of whether there are structural integrity or other deficiencies in such facilities.

(2)

If there are such deficiencies—

(A)

an assessment of infrastructure improvements to such facilities that would be needed to meet, directly or indirectly, national security and readiness requirements;

(B)

an assessment of the impact on operational readiness of the Armed Forces if such improvements are not undertaken; and

(C)

an identification of, to the maximum extent practical, all potential funding sources for such improvements from existing authorities.

(3)

An identification of the support that would be appropriate for the Department of Defense to provide in the execution of the responsibilities of the Secretary of Transportation under section 50302 of title 46, United States Code, with respect to such facilities.

(4)

If additional statutory or administrative authorities would be required for the provision of support as described in paragraph (3), recommendations for legislative or administrative action to establish such authorities.

(c)

Consultation.— The Secretary of Defense shall prepare the report required by subsection (a) in consultation with the Maritime Administrator and the individual responsible for each port facility described in such subsection.

SEC. 3516. Technical Corrections.

(a)

Office of Personnel Management Guidance.— Not later than 120 days after the date of the enactment of this title, the Director of the Office of Personnel Management, in consultation with the Administrator of the Maritime Administration, shall identify key skills and competencies necessary to maintain a balance of expertise in merchant marine seagoing service and strategic sealift military service in each of the following positions within the Office of the Commandant of the Merchant Marine Academy:

(1)

Commandant.

(2)

Deputy Commandant.

(3)

Tactical company officers.

(4)

Regimental officers.

(b)

Sea Year Compliance.— Section 3514(a)(1)(A) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 46 U.S.C. 51318 note) is amended by inserting “ domestic and international” after “ criteria that”.

SEC. 3517. United States Merchant Marine Academy Sexual Assault Prevention and Response Program.

(a)

Implementation of Recommendations.— The Secretary of Transportation shall ensure that, not later than 180 days after the date of the enactment of this title, the recommendations in report of the Inspector General of the Department of Transportation on the effectiveness sexual assault prevention and response program of the United States Merchant Marine Academy (mandated under section 3512 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2786)), are fully implemented.

(b)

Report.— Not later than 180 days after the date of the enactment of this title, the Secretary of Transportation shall submit to Congress a report that includes—

(1)

confirmation that the recommendations described in subsection (a) have been fully implemented, and explaining how those recommendations have been implemented; or

(2)

if such recommendations have not been fully implemented as of the date of the report, an explanation of why such recommendations have not been fully implemented and a description of the resources that are needed to fully implement such recommendations.

SEC. 3518. Report on Vessels for Emerging Offshore Energy Infrastructure.

(a)

In General.— Not later than six months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Natural Resources of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report on the need for vessels documented under chapter 121 of title 46, United States Code, to install, operate, and maintain emerging offshore energy infrastructure, including offshore wind energy.

(b)

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

(1)

an inventory of vessels documented under chapter 121 of title 46, United States Code, (including existing vessels and vessels that have the potential to be refurbished) to install, operate, and maintain such emerging offshore energy infrastructure;

(2)

a projection of existing vessels needed to meet such emerging offshore energy needs over the next 10 years;

(3)

a summary of actions taken or proposed by offshore energy developers and producers, the United States domestic shipbuilding industry, and United States coastwise qualified operators to ensure sufficient vessel capacity in compliance with United States coastwise laws; and

(4)

a description of the potential benefits to the United States maritime and shipbuilding industries and to the United States economy associated with the use of United States coastwise qualified vessels to support offshore energy development and production.

SEC. 3519. Report on United States Flagged Fuel Tanker Vessel Capacity.

(a)

Report Required.— Concurrent with the budget of the President for fiscal year 2021, as submitted to Congress under section 1105 of title 31, United States Code, the Secretary of Defense shall, in consultation with the Secretary of Transportation, submit to the appropriate committees of Congress a report on the capabilities of the United States to maintain adequate United States-flagged fuel tanker vessel capacity to support the full range of anticipated military operations over each period as follows:

(1)

In 2020.

(2)

Between 2020 and 2025.

(3)

Between 2020 and 2030.

(b)

Elements.— The report required by subsection (a) shall include, for each period specified in that subsection, the following:

(1)

A description of current and projected United States-flagged fuel tanker vessel capacity.

(2)

A description of current and projected United States military needs for United States-flagged fuel tanker vessel capacity, including the most stressing peacetime and wartime requirements.

(3)

A description and assessment of the number of foreign-flagged tanker vessels required to address United States military needs described pursuant to paragraph (2), including the most stressing peacetime and wartime requirements.

(4)

An identification and assessment of any gaps in the capacity described pursuant to paragraph (1) to meet the United States military needs described pursuant to paragraph (2), including quantities of tanker vessels, as well as an assessment of the risk to military objectives due to reliance on foreign-flagged tanker vessels described pursuant to paragraph (3).

(5)

A description and assessment of options to address the gaps identified pursuant to paragraph (4), including the establishment of a program for United States-flagged fuel tanker vessels modeled on the Maritime Security Program.

(6)

Such recommendations as the Secretary of Defense considers appropriate in light of the matters set forth in the report.

(c)

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

(d)

Definitions.— In this section:

(1)

The term “appropriate committees of Congress” means—

(A)

the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate; and

(B)

the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives.

(2)

The term “Maritime Security Program” means the program in connection with the Maritime Security Fleet under chapter 531 of title 46, United States Code.

Subtitle B Cable Security Fleet

SEC. 3521. Establishment of Cable Security Fleet.

(a)

In General.— Title 46, United States Code, is amended by inserting before chapter 533 the following new chapter:

“CHAPTER 532— CABLE SECURITY FLEET

“53201. Definitions.

“53202. Establishment of the Cable Security Fleet.

“53203. Award of operating agreements.

“53204. Effectiveness of operating agreements.

“53205. Obligations and rights under operating agreements.

“53206. Payments.

“53207. National security requirements.

“53208. Regulatory relief.

“53209. Authorization of appropriations.

“§ 53201. Definitions

“In this chapter:

“(1) Cable services.—The term ‘cable services’ means the installation, maintenance, or repair of submarine cables and related equipment, and related cable vessel operations.

“(2) Cable vessel.—The term ‘cable vessel’ means a vessel—

“(A) classed as a cable ship or cable vessel by, and designed in accordance with the rules of, the American Bureau of Shipping, or another classification society accepted by the Secretary; and

“(B) capable of installing, maintaining, and repairing submarine cables.

“(3) Cable fleet.—The term ‘Cable Fleet’ means the Cable Security Fleet established under section 53202(a).

“(4) Contingency agreement.—The term ‘Contingency Agreement’ means the agreement required by section 53207.

“(5) Contractor.—The term ‘Contractor’ means an owner or operator of a vessel that enters into an Operating Agreement for a cable vessel with the Secretary under section 53203.

“(6) Fiscal year.—The term ‘fiscal year’ means any annual period beginning on October 1 and ending on September 30.

“(7) Operating agency.—The term ‘Operating Agency’ means that agency or component of the Department of Defense so designated by the Secretary of Defense under this chapter.

“(8) Operating agreement or agreement.—The terms ‘Operating Agreement’ or ‘Agreement’ mean the agreement required by section 53203.

“(9) Person.—The term ‘person’ includes corporations, partnerships, and associations existing under or authorized by the laws of the United States, or any State, Territory, District, or possession thereof, or of any foreign country.

“(10) Secretary.—The term ‘Secretary’ means the Secretary of Transportation.

“(11) United states.—The term ‘United States’ includes the States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.

“(12) United states citizen trust.—

“(A) Subject to paragraph (C), the term ‘United States citizen trust’ means a trust that is qualified under this paragraph.

“(B) A trust is qualified under this paragraph with respect to a vessel only if—

“(i) it was created under the laws of a state of the United States;

“(ii) each of the trustees is a citizen of the United States; and

“(iii) the application for documentation of the vessel under chapter 121 of this title includes the affidavit of each trustee stating that the trustee is not aware of any reason involving a beneficiary of the trust that is not a citizen of the United States, or involving any other person that is not a citizen of the United States, as a result of which the beneficiary or other person would hold more than 25 percent of the aggregate power to influence, or limit the exercise of the authority of, the trustee with respect to matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States.

“(C) If any person that is not a citizen of the United States has authority to direct, or participate in directing, the trustee for a trust in matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States or in removing a trustee for a trust without cause, either directly or indirectly through the control of another person, the trust is not qualified under this paragraph unless the trust instrument provides that persons who are not citizens of the United States may not hold more than 25 percent of the aggregate authority to direct or remove a trustee.

“(D) This paragraph shall not be considered to prohibit a person who is not a citizen of the United States from holding more than 25 percent of the beneficial interest in a trust.

“§ 53202. Establishment of the Cable Security Fleet

“(a) In General.—

(1) The Secretary, in consultation with the Operating Agency, shall establish a fleet of active, commercially viable, cable vessels to meet national security requirements. The fleet shall consist of privately owned, United States-documented cable vessels for which there are in effect Operating Agreements under this chapter, and shall be known as the Cable Security Fleet.

“(2) The Fleet described under this section shall include two vessels.

“(b) Vessel Eligibility.—A cable vessel is eligible to be included in the Fleet if—

“(1) the vessel meets the requirements of paragraph (1), (2), (3), or (4) of subsection (c);

“(2) the vessel is operated (or in the case of a vessel to be constructed, will be operated) in commercial service providing cable services;

“(3) the vessel is 40 years of age or less on the date the vessel is included in the Fleet;

“(4) the vessel is—

“(A) determined by the Operating Agency to be suitable for engaging in cable services by the United States in the interest of national security; and

“(B) determined by the Secretary to be commercially viable, whether independently or taking any payments which are the consequence of participation in the Cable Fleet into account; and

“(5) the vessel—

“(A) is a United States-documented vessel; or

“(B) is not a United States-documented vessel, but—

“(i) the owner of the vessel has demonstrated an intent to have the vessel documented under chapter 121 of this title if it is included in the Cable Fleet; and

“(ii) at the time an Operating Agreement is entered into under this chapter, the vessel is eligible for documentation under chapter 121 of this title.

“(c) Requirements Regarding Citizenship of Owners and Operators.—

“(1) Vessels owned and operated by section 50501 citizens.—A vessel meets the requirements of this paragraph if, during the period of an Operating Agreement under this chapter that applies to the vessel, the vessel will be owned and operated by one or more persons that are citizens of the United states under section 50501 of this title.

“(2) Vessels owned by a section 50501 citizen, or united states citizen trust, and chartered to a documentation citizen.—A vessel meets the requirements of this paragraph if—

“(A) during the period of an Operating Agreement under this chapter that applies to the vessel, the vessel will be—

“(i) owned by a person that is a citizen of the United States under section 50501 of this title or that is a United States citizen trust; and

“(ii) demise chartered to and operated by a person—

“(I) that is eligible to document the vessel under chapter 121 of this title;

“(II) the chairman of the board of directors, chief executive officer, and a majority of the members of the board of directors of which are citizens of the United States under section 50501 of this title, and are appointed and subject to removal only upon approval by the Secretary; and

“(III) that certifies to the Secretary that there are no treaties, statutes, regulations, or other laws that would prohibit the Contractor for the vessel from performing its obligations under an Operating Agreement under this chapter;

“(B) in the case of a vessel that will be demise chartered to a person that is owned or controlled by another person that is not a citizen of the United States under section 50501 of this title, the other person enters into an agreement with the Secretary not to influence the operation of the vessel in a manner that will adversely affect the interests of the United States; and

“(C) the Secretary and the Operating Agency notify the Committee on Armed Services and the Committee on Commerce, Science and Transportation of the Senate, and the Committee on Armed Services of the House of Representatives that they concur, and have reviewed the certification required under subparagraph (A)(ii)(III) and determined that there are no legal, operational, or other impediments that would prohibit the Contractor for the vessel from performing its obligations under an Operating Agreement under this chapter.

“(3) Vessel owned and operated by a defense contractor.—A vessel meets the requirements of this paragraph if—

“(A) during the period of an Operating Agreement under this chapter that applies to the vessel, the vessel will be owned and operated by a person that—

“(i) is eligible to document a vessel under chapter 121 of this title;

“(ii) operates or manages other United States-documented vessels for the Secretary of Defense, or charters other vessels to the Secretary of Defense;

“(iii) has entered into a special security agreement for purposes of this paragraph with the Secretary of Defense;

“(iv) makes the certification described in paragraph (2)(A)(ii)(III); and

“(v) in the case of a vessel described in paragraph (2)(B), enters into an agreement referred to in that paragraph; and

“(B) the Secretary and the Secretary of Defense notify the Committee on Armed Services and Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services of the House of Representatives that they have reviewed the certification required by subparagraph (A)(iv) and determined that there are no other legal, operational, or other impediments that would prohibit the Contractor for the vessel from performing its obligations under an Operating Agreement under this chapter.

“(4) Vessel owned by a documentation citizen and chartered to a section 50501 citizen.—A vessel meets the requirements of this paragraph if, during the period of an Operating Agreement under this chapter that applies to the vessel, the vessel will be—

“(A) owned by a person that is eligible to document a vessel under chapter 121 of this title; and

“(B) demise chartered to a person that is a citizen of the United States under section 50501 of this title.

“(d) Vessel Standards.—

“(1) Certificate of inspection.—A cable vessel which the Secretary of the Department in which the Coast Guard is operating determines meets the criteria of subsection (b) of this section but which, on the date of enactment of the Act, is not documented under chapter 121 of this title, shall be eligible for a certificate of inspection if that Secretary determines that—

“(A) the vessel is classed by, and designed in accordance with the rules of, the American Bureau of Shipping, or another classification society accepted by that Secretary;

“(B) the vessel complies with applicable international agreements and associated guidelines, as determined by the country in which the vessel was documented immediately before becoming documented under chapter 121; and

“(C) that country has not been identified by that Secretary as inadequately enforcing international vessel regulations as to that vessel.

“(2) Continued eligibility for certificate.—Paragraph (1) does not apply to a vessel after any date on which the vessel fails to comply with the applicable international agreements and associated guidelines referred to in paragraph (1)(B).

“(3) Reliance on classification society.—

“(A) In general.—The Secretary of the Department in which the Coast Guard is operating may rely on a certification from the American Bureau of Shipping or, subject to subparagraph (B), another classification society accepted by that Secretary to establish that a vessel is in compliance with the requirements of paragraphs (1) and (2).

“(B) Foreign classification society.—The Secretary of the Department in which the Coast Guard is operating may accept certification from a foreign classification society under subparagraph (A) only—

“(i) to the extent that the government of the foreign country in which the society is headquartered provides access on a reciprocal basis to the American Bureau of Shipping; and

“(ii) if the foreign classification society has offices and maintains records in the United States.

“(e) Waiver of Age Registration.—The Secretary, in conjunction with the Operating Agency, may waive the application of the age restriction under subsection (b)(3) if they jointly determine that the waiver—

“(1) is in the national interest;

“(2) the subject cable vessel and any associated operating network is and will continue to be economically viable; and

“(3) is necessary due to the lack of availability of other vessels and operators that comply with the requirements of this chapter.

“§ 53203. Award of operating agreements

“(a) In General.—The Secretary shall require, as a condition of including any vessel in the Cable Fleet, that the person that is the owner or operator of the vessel for purposes of section 53202(c) enter into an Operating Agreement with the Secretary under this section.

“(b) Procedure for Applications.—

“(1) Acceptance of applications.—Beginning no later than 60 days after the effective date of this chapter, the Secretary shall accept applications for enrollment of vessels in the Cable Fleet.

“(2) Action on applications.—Within 120 days after receipt of an application for enrollment of a vessel in the Cable Fleet, the Secretary shall approve the application in conjunction with the Operating Agency, and shall enter into an Operating Agreement with the applicant, or provide in writing the reason for denial of that application.

“(c) Priority for Awarding Agreements.—Subject to the availability of appropriations, the Secretary shall enter into Operating Agreements with those vessels determined by the Operating Agency, in its sole discretion, to best meet the national security requirements of the United States. After consideration of national security requirements, priority shall be given to an applicant that is a United States citizen under section 50501 of this title.

“§ 53204. Effectiveness of operating agreements

“(a) Effectiveness Generally.—The Secretary may enter into an Operating Agreement under this chapter for fiscal year 2021. Except as provided in subsection (d), the agreement shall be effective only for one fiscal year, but shall be renewable, subject to available appropriations, for each subsequent year.

“(b) Vessels Under Charter to the United States.—Vessels under charter to the United States are eligible to receive payments pursuant to their Operating Agreements.

“(c) Termination.—

“(1) Termination by the secretary.—If the Contractor with respect to an Operating Agreement materially fails to comply with the terms of the Agreement—

“(A) the Secretary shall notify the Contractor and provide a reasonable opportunity for it to comply with the Operating Agreement;

“(B) the Secretary shall terminate the Operating Agreement if the Contractor fails to achieve such compliance; and

“(C) upon such termination, any funds obligated by the Agreement shall be available to the Secretary to carry out this chapter.

“(2) Early termination by a contractor.—An Operating Agreement under this chapter shall terminate on a date specified by the Contractor if the Contractor notifies the Secretary, not fewer than 60 days prior to the effective date of the termination, that the Contractor intends to terminate the Agreement.

“(d) Nonrenewal for Lack of Funds.—If, by the first day of a fiscal year, sufficient funds have not been appropriated under the authority provided by this chapter for that fiscal year for all Operating Agreements, then the Secretary shall notify the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services of the House of Representatives that Operating Agreements authorized under this chapter for which sufficient funds are not available will not be renewed for that fiscal year if sufficient funds are not appropriated by the 60th day of that fiscal year. If only partial funding is appropriated by the 60th day of such fiscal year, then the Secretary, in consultation with the Operating Agency, shall select the vessels to retain under Operating Agreements, based on their determinations of which vessels are most useful for national security. In the event that no funds are appropriated, then no Operating Agreements shall be renewed and each Contractor shall be released from its obligations under the Operating Agreement. Final payments under an Operating Agreement that is not renewed shall be made in accordance with section 53206. To the extent that sufficient funds are appropriated in a subsequent fiscal year, an Operating Agreement that has not been renewed pursuant to this subsection may be reinstated if mutually acceptable to the Secretary, in consultation with the Operating Agency, and the Contractor, provided the vessel remains eligible for participation pursuant to section 53202, without regard to subsection 53202 (b)(3).

“(e) Release of Vessels From Obligations.—If funds are not appropriated for payments under an Operating Agreement under this chapter for any fiscal year by the 60th day of a fiscal year, and the Secretary, in consultation with the Operating Agency determines to not renew a Contractor’s Operating Agreement for a vessel, then—

“(1) each vessel covered by the Operating Agreement that is not renewed is thereby released from any further obligation under the Operating Agreement;

“(2) the owner or operator of the vessel whose Operating Agreement was not renewed may transfer and register such vessel under a foreign registry that is acceptable to the Secretary and the Operating Agency, notwithstanding section 56101 of this title; and

“(3) if chapter 563 of this title is applicable to such vessel after registration, then the vessel is available to be requisitioned by the Secretary pursuant to chapter 563.

“§ 53205. Obligations and rights under operating agreements

“(a) Operation of Vessel.—An Operating Agreement under this chapter shall require that, during the period the vessel is operating under the Agreement, the vessel—

“(1) shall be operated in the trade for Cable Services, or under a charter to the United States; and

“(2) shall be documented under chapter 121 of this title.

“(b) Annual Payments by the Secretary.—

“(1) In general.—An Operating Agreement under this chapter shall require, subject to the availability of appropriations, that the Secretary make payment to the Contractor in accordance with section 53206.

“(2) Operating agreement is an obligation of the united states government.—An Operating Agreement under this chapter constitutes a contractual obligation of the United States Government to pay the amounts provided for in the Operating Agreement to the extent of actual appropriations.

“(c) Documentation Requirement.—Each vessel covered by an Operating Agreement (including an Agreement terminated under section 53204(c)(2)) shall remain documented under chapter 121 of this title, until the date the Operating Agreement would terminate according to its own terms.

“(d) National Security Requirements.—

“(1) In general.—A Contractor with respect to an Operating Agreement (including an Agreement terminated under section 53204(c)(2)) shall continue to be bound by the provisions of section 53207 until the date the Operating Agreement would terminate according to its terms.

“(2) Contingency agreement with operating agency.—All terms and conditions of a Contingency Agreement entered into under section 53207 shall remain in effect until a date the Operating Agreement would terminate according to its terms, except that the terms of such Contingency Agreement may be modified by the mutual consent of the Contractor, and the Operating Agency.

“(e) Transfer of Operating Agreements.—Operating Agreements shall not be transferrable by the Contractor.

“(f) Replacement Vessel.—A Contractor may replace a vessel under an Operating Agreement with another vessel that is eligible to be included in the Fleet under section 53202(b), if the Secretary and the Operating Agency jointly determine that the replacement vessel meets national security requirements and approve the replacement.

“§ 53206. Payments

“(a) Annual Payment.—

“(1) In general.—The Secretary, subject to availability of appropriations and other provisions of this section, shall pay to the Contractor for an operating agreement, for each vessel that is covered by the operating agreement, an amount equal to $5,000,000 for each fiscal year 2021 through 2035.

“(2) Timing.—This amount shall be paid in equal monthly installments at the end of each month. The amount shall not be reduced except as provided by this section.

“(b) Certification Required for Payment.—As a condition of receiving payment under this section for a fiscal year for a vessel, the Contractor for the vessel shall certify that the vessel has been and will be operated in accordance with section 53205(a)(1) for 365 days in each fiscal year. Up to thirty (30) days during which the vessel is drydocked, surveyed, inspected, or repaired shall be considered days of operation for purposes of this subsection.

“(c) General Limitations.—The Secretary shall not make any payment under this chapter for a vessel with respect to any days for which the vessel is—

“(1) not operated or maintained in accordance with an Operating Agreement under this chapter; or

“(2) more than 40 years of age.

“(d) Reductions in Payments.—With respect to payments under this chapter for a vessel covered by an Operating Agreement, the Secretary shall make a pro rata reduction for each day less than 365 in a fiscal year that the vessel is not operated in accordance with section 53205(a)(1), with days during which the vessel is drydocked or undergoing survey, inspection or repair to be considered days on which the vessel is operated as provided in subsection (b).

“§ 53207. National security requirements

“(a) Contingency Agreement Required.—The Secretary shall include in each Operating Agreement under this chapter a requirement that the Contractor enter into a Contingency Agreement with the Operating Agency. The Operating Agency shall negotiate and enter into a Contingency Agreement with each Contractor as promptly as practicable after the Contractor has entered into an Operating Agreement under this chapter.

“(b) Terms of Contingency Agreement.—

“(1) In general.—A Contingency Agreement under this section shall require that a Contractor for a vessel covered by an Operating Agreement under this chapter make the vessel, including all necessary resources to engage in Cable Services required by the Operating Agency, available upon request by the Operating Agency.

“(2) Terms.—

“(A) In general.—The basic terms of a Contingency Agreement shall be established (subject to subparagraph (B)) by the Operating Agency.

“(B) Additional terms.—The Operating Agency and a Contractor may agree to additional or modifying terms appropriate to the Contractor’s circumstances.

“(c) Defense Measures Against Unauthorized Seizures.—

(1) The Contingency Agreement shall require that any vessel operating under the direction of the Operating Agency operating in area that is designated by the Coast Guard as an area of high risk of piracy shall be equipped with, at a minimum, appropriate non-lethal defense measures to protect the vessel and crew from unauthorized seizure at sea.

“(2) The Secretary of Defense and the Secretary of the department in which the Coast Guard is operating shall jointly prescribe the non-lethal defense measures that are required under this paragraph.

“(d) Participation After Expiration of Operating Agreement.—Except as provided by section 53205(d), the Operating Agency may not require, through a Contingency Agreement or an Operating Agreement, that a Contractor continue to participate in a Contingency Agreement after the Operating Agreement with the Contractor has expired according to its terms or is otherwise no longer in effect.

“(e) Resources Made Available.—The resources to be made available in addition to the vessel under a Contingency Agreement shall include all equipment, personnel, supplies, management services, and other related services as the Operating Agency may determine to be necessary to provide the Cable Services required by the Operating Agency.

“(f) Compensation.—

“(1) In general.—The Operating Agency shall include in each Contingency Agreement provisions under which the Operating Agency shall pay fair and reasonable compensation for use of the vessel and all Cable Services provided pursuant to this section and the Contingency Agreement.

“(2) Specific requirements.—Compensation under this subsection—

“(A) shall be at the rate specified in the Contingency Agreement;

“(B) shall be provided from the time that a vessel is required by the Operating Agency under the Contingency Agreement until the time it is made available by the Operating Agency available to reenter commercial service; and

“(C) shall be in addition to and shall not in any way reflect amounts payable under section 53206.

“(g) Liability of the United States for Damages.—

“(1) Limitation on the liability of the u.s.—Except as otherwise provided by law, the Government shall not be liable for disruption of a Contractor’s commercial business or other consequential damages to a Contractor arising from the activation of the Contingency Agreement.

“(2) Affirmative defense.—In any action in any Federal or State court for breach of third-party contract, there shall be available as an affirmative defense that the alleged breach of contract was caused predominantly by action taken to carry out a Contingent Agreement. Such defense shall not release the party asserting it from any obligation under applicable law to mitigate damages to the greatest extent possible.

“§ 53208. Regulatory relief

“The telecommunications and other electronic equipment on an existing vessel that is redocumented under the laws of the United States for operation under an Operating Agreement under this chapter shall be deemed to satisfy all Federal Communication Commission equipment certification requirements, if—

“(1) such equipment complies with all applicable international agreements and associated guidelines as determined by the country in which the vessel was documented immediately before becoming documented under the laws of the United States;

“(2) that country has not been identified by the Secretary of the Department in which the Coast Guard is operating as inadequately enforcing international regulations as to that vessel; and

“(3) at the end of its useful life, such equipment shall be replaced with equipment that meets Federal Communication Commission equipment certification standards.

“§ 53209. Authorization of appropriations

“There are authorized to be appropriated for payments under section 53206, $10,000,000 for each of the fiscal years 2021 through 2035.”

(b)

Conforming Amendment.— The table of chapters at the beginning of subtitle V of title 46, United States Code, is amended by inserting before the item relating to chapter 533 the following new item:

“532. Cable Security Fleet 53201”.

Subtitle C Maritime SAFE Act

SEC. 3531. Short Titles.

This subtitle may be cited as the “Maritime Security and Fisheries Enforcement Act” or the “Maritime SAFE Act”.

SEC. 3532. Definitions.

In this subtitle:

(1)

AIS.— The term “AIS” means Automatic Identification System (as defined in section 164.46 of title 33, Code of Federal Regulations, or a similar successor regulation).

(2)

Combined maritime forces.— The term “Combined Maritime Forces” means the 33-nation naval partnership, originally established in February 2002, which promotes security, stability, and prosperity across approximately 3,200,000 square miles of international waters.

(3)

Exclusive economic zone.—

(A)

In general.— Unless otherwise specified by the President as being in the public interest in a writing published in the Federal Register, the term “exclusive economic zone” means—

(i)

the area within a zone established by a maritime boundary that has been established by a treaty in force or a treaty that is being provisionally applied by the United States; or

(ii)

in the absence of a treaty described in clause (i)—

(I)

a zone, the outer boundary of which is 200 nautical miles from the baseline from which the breadth of the territorial sea is measured; or

(II)

if the distance between the United States and another country is less than 400 nautical miles, a zone, the outer boundary of which is represented by a line equidistant between the United States and the other country.

(B)

Inner boundary.— Without affecting any Presidential Proclamation with regard to the establishment of the United States territorial sea or exclusive economic zone, the inner boundary of the exclusive economic zone is—

(i)

in the case of coastal States, a line coterminous with the seaward boundary of each such State (as described in section 4 of the Submerged Lands Act (43 U.S.C. 1312));

(ii)

in the case of the Commonwealth of Puerto Rico, a line that is 3 marine leagues from the coastline of the Commonwealth of Puerto Rico;

(iii)

in the case of American Samoa, the United States Virgin Islands, Guam, and the Northern Mariana Islands, a line that is 3 geographic miles from the coastlines of American Samoa, the United States Virgin Islands, Guam, or the Northern Mariana Islands, respectively; or

(iv)

for any possession of the United States not referred to in clause (ii) or (iii), the coastline of such possession.

(C)

Rule of construction.— Nothing in this paragraph may be construed to diminish the authority of the Department of Defense, the Department of the Interior, or any other Federal department or agency.

(4)

Food security.— The term “food security” means access to, and availability, utilization, and stability of, sufficient food to meet caloric and nutritional needs for an active and healthy life.

(5)

Global record of fishing vessels, refrigerated transport vessels, and supply vessels.— The term “global record of fishing vessels, refrigerated transport vessels, and supply vessels” means the Food and Agriculture Organization of the United Nations’ initiative to rapidly make available certified data from state authorities about vessels and vessel related activities.

(6)

IUU fishing.— The term “IUU fishing” means illegal fishing, unreported fishing, or unregulated fishing (as such terms are defined in paragraph 3 of the International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing, adopted at the 24th Session of the Committee on Fisheries in Rome on March 2, 2001).

(7)

Port state measures agreement.— The term “Port State Measures Agreement” means the Agreement on Port State Measures to Prevent, Deter, and Eliminate Illegal, Unreported, and Unregulated Fishing set forth by the Food and Agriculture Organization of the United Nations, done at Rome, Italy November 22, 2009, and entered into force June 5, 2016, which offers standards for reporting and inspecting fishing activities of foreign-flagged fishing vessels at port.

(8)

Priority flag state.— The term “priority flag state” means a country selected in accordance with section 3552 (b)(3)—

(A)

whereby the flagged vessels of which actively engage in, knowingly profit from, or are complicit in IUU fishing; and

(B)

that is willing, but lacks the capacity, to monitor or take effective enforcement action against its fleet.

(9)

Priority region.— The term “priority region” means a region selected in accordance with section 3552 (b)(2)—

(A)

that is at high risk for IUU fishing activity or the entry of illegally caught seafood into the markets of countries in the region; and

(B)

in which countries lack the capacity to fully address the illegal activity described in subparagraph (A).

(10)

Regional fisheries management organization.— The term “Regional Fisheries Management Organization” means an intergovernmental fisheries organization or arrangement, as appropriate, that has the competence to establish conservation and management measures.

(11)

Seafood.— The term “seafood”—

(A)

means marine finfish, mollusks, crustaceans, and all other forms of marine animal and plant life, including those grown, produced, or reared through marine aquaculture operations or techniques; and

(B)

does not include marine mammals, turtles, or birds.

(12)

Transnational organized illegal activity.— The term “transnational organized illegal activity” means criminal activity conducted by self-perpetuating associations of individuals who operate transnationally for the purpose of obtaining power, influence, or monetary or commercial gains, wholly or in part by illegal means, while protecting their activities through a pattern of corruption or violence or through a transnational organizational structure and the exploitation of transnational commerce or communication mechanisms.

(13)

Transshipment.— The term “transshipment” means the use of refrigerated vessels that—

(A)

collect catch from multiple fishing boats;

(B)

carry the accumulated catches back to port; and

(C)

deliver supplies to fishing boats, which allows fishing vessels to remain at sea for extended periods without coming into port.

SEC. 3533. Purposes.

The purposes of this subtitle are—

(1)

to support a whole-of-government approach across the Federal Government to counter IUU fishing and related threats to maritime security;

(2)

to improve data sharing that enhances surveillance, enforcement, and prosecution against IUU fishing and related activities at a global level;

(3)

to support coordination and collaboration to counter IUU fishing within priority regions;

(4)

to increase and improve global transparency and traceability across the seafood supply chain as—

(A)

a deterrent to IUU fishing; and

(B)

a tool for strengthening fisheries management and food security;

(5)

to improve global enforcement operations against IUU fishing through a whole-of-government approach by the United States; and

(6)

to prevent the use of IUU fishing as a financing source for transnational organized groups that undermine United States and global security interests.

SEC. 3534. Statement of Policy.

It is the policy of the United States＿

(1)

to take action to curtail the global trade in seafood and seafood products derived from IUU fishing, including its links to forced labor and transnational organized illegal activity;

(2)

to develop holistic diplomatic, military, law enforcement, economic, and capacity-building tools to counter IUU fishing;

(3)

to provide technical assistance to countries in priority regions and priority flag states to combat IUU fishing, including assistance—

(A)

to increase local, national, and regional level capacities to counter IUU fishing through the engagement of law enforcement and security forces;

(B)

to enhance port capacity and security, including by supporting other countries in working toward the adoption and implementation of the Port State Measures Agreement;

(C)

to combat corruption and increase transparency and traceability in fisheries management and trade;

(D)

to enhance information sharing within and across governments and multilateral organizations through the development and use of agreed standards for information sharing; and

(E)

to support effective, science-based fisheries management regimes that promote legal and safe fisheries and act as a deterrent to IUU fishing;

(4)

to promote global maritime security through improved capacity and technological assistance to support improved maritime domain awareness;

(5)

to engage with priority flag states to encourage the use of high quality vessel tracking technologies where existing enforcement tools are lacking;

(6)

to engage with multilateral organizations working on fisheries issues, including Regional Fisheries Management Organizations and the Food and Agriculture Organization of the United Nations, to combat and deter IUU fishing;

(7)

to advance information sharing across governments and multilateral organizations in areas that cross multiple jurisdictions, through the development and use of an agreed standard for information sharing;

(8)

to continue to use existing and future trade agreements to combat IUU fishing;

(9)

to employ appropriate assets and resources of the United States Government in a coordinated manner to disrupt the illicit networks involved in IUU fishing;

(10)

to continue to declassify and make available, as appropriate and practicable, technologies developed by the United States Government that can be used to help counter IUU fishing;

(11)

to recognize the ties of IUU fishing to transnational organized illegal activity, including human trafficking and illegal trade in narcotics and arms, and as applicable, to focus on illicit activity in a coordinated, cross-cutting manner;

(12)

to recognize and respond to poor working conditions, labor abuses, and other violent crimes in the fishing industry;

(13)

to increase and improve global transparency and traceability along the seafood supply chain as—

(A)

a deterrent to IUU fishing; and

(B)

an approach for strengthening fisheries management and food security; and

(14)

to promote technological investment and innovation to combat IUU fishing.

PART I Programs to Combat Iuu Fishing and Increase Maritime Security

SEC. 3541. Coordination with International Organizations.

The Secretary of State, in consultation with the Secretary of Commerce, shall coordinate with Regional Fisheries Management Organizations and the Food and Agriculture Organization of the United Nations, and may coordinate with other relevant international governmental or nongovernmental organizations, or the private sector, as appropriate, to enhance regional responses to IUU fishing and related transnational organized illegal activities.

SEC. 3542. Engagement of Diplomatic Missions of the United States.

Not later than 1 year after the date of the enactment of this title, each chief of mission (as defined in section 102 of the Foreign Service Act of 1980 (22 U.S.C. 3902)) to a relevant country in a priority region or to a priority flag state may, if the Secretary of State determines such action is appropriate—

(1)

convene a working group, led by Department of State officials, to examine IUU fishing, which may include stakeholders such as—

(A)

United States officials from relevant agencies participating in the interagency Working Group identified in section 3551, foreign officials, nongovernmental organizations, the private sector, and representatives of local fishermen in the region; and

(B)

experts on IUU fishing, law enforcement, criminal justice, transnational organized illegal activity, defense, intelligence, vessel movement monitoring, and international development operating in or with knowledge of the region; and

(2)

designate a counter-IUU Fishing Coordinator from among existing personnel at the mission if the chief of mission determines such action is appropriate.

SEC. 3543. Assistance by Federal Agencies to Improve Law Enforcement Within Priority Regions and Priority Flag States.

(a)

In General.— The Secretary of State, in consultation with the Secretary of Commerce and the Commandant of the Coast Guard when the Coast Guard is not operating as a service in the Department of the Navy, as well as any other relevant department or agency, shall provide assistance, as appropriate, in accordance with this section.

(b)

Law Enforcement Training and Coordination Activities.— The officials referred to in subsection (a) shall evaluate opportunities to provide assistance, as appropriate, to countries in priority regions and priority flag states to improve the effectiveness of IUU fishing enforcement, with clear and measurable targets and indicators of success, including—

(1)

by assessing and using existing resources, enforcement tools, and legal authorities to coordinate efforts to combat IUU fishing with efforts to combat other illegal trade, including weapons, drugs, and human trafficking;

(2)

by expanding existing IUU fishing enforcement training;

(3)

by providing targeted, country- and region-specific training on combating IUU fishing, including in those countries that have not adopted the Port State Measures Agreement;

(4)

by supporting increased effectiveness and transparency of the fisheries enforcement sectors of the governments of such countries; and

(5)

by supporting increased outreach to stakeholders in the affected communities as key partners in combating and prosecuting IUU fishing.

(c)

Implementation of Port State Measures.— The officials referred to in subsection (a) shall evaluate opportunities to provide assistance, as appropriate, to countries in priority regions and priority flag states to help those states implement programs related to port security and capacity for the purposes of preventing IUU fishing products from entering the global seafood market, including by supporting other countries in working toward the adoption and implementation of the Port State Measures Agreement.

(d)

Capacity Building for Investigations and Prosecutions.— The officials referred to in subsection (a), in collaboration with the governments of countries in priority regions and of priority flag states, shall evaluate opportunities to assist those countries in designing and implementing programs in such countries, as appropriate, to increase the capacity of IUU fishing enforcement and customs and border security officers to improve their ability—

(1)

to conduct effective investigations, including using law enforcement techniques such as undercover investigations and the development of informer networks and actionable intelligence;

(2)

to conduct vessel boardings and inspections at sea and associated enforcement actions;

(3)

to exercise existing shiprider agreements and to enter into and implement new shiprider agreements, as appropriate, including in those countries that have not adopted the Port State Measures Agreement;

(4)

to conduct vessel inspections at port and associated enforcement actions;

(5)

to assess technology needs and promote the use of technology to improve monitoring, enforcement, and prosecution of IUU fishing;

(6)

to conduct DNA-based and forensic identification of seafood used in trade;

(7)

to conduct training on techniques, such as collecting electronic evidence and using computer forensics, for law enforcement personnel involved in complex investigations related to international matters, financial issues, and government corruption that include IUU fishing;

(8)

to assess financial flows and the use of financial institutions to launder profits related to IUU fishing;

(9)

to conduct training on the legal mechanisms that can be used to prosecute those identified in the investigations as alleged perpetrators of IUU fishing and other associated crimes such as trafficking and forced labor; and

(10)

to conduct training to raise awareness of the use of whistleblower information and ways to incentivize whistleblowers to come forward with original information related to IUU fishing.

(e)

Capacity Building for Information Sharing.— The officials referred to in subsection (a) shall evaluate opportunities to provide assistance, as appropriate, to key countries in priority regions and priority flag states in the form of training, equipment, and systems development to build capacity for information sharing related to maritime enforcement and port security.

(f)

Coordination With Other Relevant Agencies.— The Secretary of State shall coordinate, as appropriate, with the Secretary of Commerce, the Commandant of the Coast Guard when the Coast Guard is not operating as a service in the Department of the Navy, and with other relevant Federal agencies in accordance with this section.

SEC. 3544. Expansion of Existing Mechanisms to Combat Iuu Fishing.

(a)

Mechanisms to Combat IUU Fishing.— The Secretary of State, the Administrator of the United States Agency for International Development, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Department of the Navy, the Secretary of Defense, the Secretary of Commerce, the Attorney General, and the heads of other appropriate Federal agencies shall assess opportunities to combat IUU fishing by expanding, as appropriate, the use of the following mechanisms:

(1)

Including counter-IUU fishing in existing shiprider agreements in which the United States is a party.

(2)

Entering into shiprider agreements that include counter-IUU fishing with priority flag states and countries in priority regions with which the United States does not already have such an agreement.

(3)

Including counter-IUU fishing as part of the mission of the Combined Maritime Forces.

(4)

Including counter-IUU fishing exercises in the annual at-sea exercises conducted by the Department of Defense, in coordination with the United States Coast Guard.

(5)

Creating partnerships similar to the Oceania Maritime Security Initiative and the Africa Maritime Law Enforcement Partnership in other priority regions.

(b)

Information Sharing.— The Director of National Intelligence, in conjunction with other agencies, as appropriate, shall develop an enterprise approach to appropriately share information and data within the United States Government or with other countries or nongovernmental organizations, or the private sector, as appropriate, on IUU fishing and other connected transnational organized illegal activity occurring in priority regions and elsewhere, including big data analytics and machine learning.

SEC. 3545. Improvement of Transparency and Traceability Programs.

The Secretary of State, the Administrator of the United States Agency for International Development, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Department of the Navy, the Secretary of Commerce, and the heads of other Federal agencies, if merited, shall work, as appropriate, with priority flag states and key countries in priority regions—

(1)

to increase knowledge within such countries about the United States transparency and traceability standards for imports of seafood and seafood products;

(2)

to improve the capacity of seafood industries within such countries through information sharing and training to meet the requirements of transparency and traceability standards for seafood and seafood product imports, including catch documentation and trade tracking programs adopted by relevant regional fisheries management organizations; and

(3)

to improve the capacities of government, industry, and civil society groups to develop and implement comprehensive traceability systems that—

(A)

deter IUU fishing;

(B)

strengthen fisheries management; and

(C)

enhance maritime domain awareness.

SEC. 3546. Technology Programs.

The Secretary of State, the Administrator of the United States Agency for International Development, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Department of the Navy, the Secretary of Defense, the Secretary of Commerce, and the heads of other Federal agencies, if merited, shall pursue programs, as appropriate, to expand the role of technology for combating IUU fishing, including by—

(1)

promoting the use of technology to combat IUU fishing;

(2)

assessing the technology needs, including vessel tracking technologies and data sharing, in priority regions and priority flag states;

(3)

engaging with priority flag states to encourage the mandated use of vessel tracking technologies, including vessel monitoring systems, AIS, or other vessel movement monitoring technologies on fishing vessels and transshipment vessels at all times, as appropriate, while at sea as a means to identify IUU fishing activities and the shipment of illegally caught fish products; and

(4)

building partnerships with the private sector, including universities, nonprofit research organizations, the seafood industry, and the technology, transportation and logistics sectors, to leverage new and existing technologies and data analytics to address IUU fishing.

SEC. 3547. Savings Clause.

No provision of section 3532 or of this part shall impose, or be interpreted to impose, any duty, responsibility, requirement, or obligation on the Department of Defense, the Department of the Navy, the United States Coast Guard when operating as a service in the Department of Homeland Security, or any official or component of either.

PART II Establishment of Interagency Working Group on Iuu Fishing

SEC. 3551. Interagency Working Group on Iuu Fishing.

(a)

In General.— There is established a collaborative interagency working group on maritime security and IUU fishing (referred to in this subtitle as the “Working Group”).

(b)

Members.— The members of the Working Group shall be composed of—

(1)

1 chair, who shall rotate between the Secretary of the Department in which the Coast Guard is operating, acting through the Commandant of the Coast Guard, the Secretary of State, and the National Oceanographic and Atmospheric Administration, acting through the Administrator, on a 3-year term;

(2)

2 deputy chairs, who shall be appointed by their respective agency heads and shall be from a different Department than that of the chair, from—

(A)

the Coast Guard;

(B)

the Department of State; and

(C)

the National Oceanic and Atmospheric Administration;

(3)

12 members, who shall be appointed by their respective agency heads, from—

(A)

the Department of Defense;

(B)

the United States Navy;

(C)

the United States Agency for International Development;

(D)

the United States Fish and Wildlife Service;

(E)

the Department of Justice;

(F)

the Department of the Treasury;

(G)

U.S. Customs and Border Protection;

(H)

U.S. Immigration and Customs Enforcement;

(I)

the Federal Trade Commission;

(J)

the Department of Agriculture;

(K)

the Food and Drug Administration; and

(L)

the Department of Labor;

(4)

1 or more members from the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), who shall be appointed by the Director of National Intelligence; and

(5)

5 members, who shall be appointed by the President, from—

(A)

the National Security Council;

(B)

the Council on Environmental Quality;

(C)

the Office of Management and Budget;

(D)

the Office of Science and Technology Policy; and

(E)

the Office of the United States Trade Representative.

(c)

Responsibilities.— The Working Group shall ensure an integrated, Federal Government-wide response to IUU fishing globally, including by—

(1)

improving the coordination of Federal agencies to identify, interdict, investigate, prosecute, and dismantle IUU fishing operations and organizations perpetrating and knowingly benefitting from IUU fishing;

(2)

assessing areas for increased interagency information sharing on matters related to IUU fishing and related crimes;

(3)

establishing standards for information sharing related to maritime enforcement;

(4)

developing a strategy to determine how military assets and intelligence can contribute to enforcement strategies to combat IUU fishing;

(5)

increasing maritime domain awareness relating to IUU fishing and related crimes and developing a strategy to leverage awareness for enhanced enforcement and prosecution actions against IUU fishing;

(6)

supporting the adoption and implementation of the Port State Measures Agreement in relevant countries and assessing the capacity and training needs in such countries;

(7)

outlining a strategy to coordinate, increase, and use shiprider agreements between the Department of Defense or the Coast Guard and relevant countries;

(8)

enhancing cooperation with partner governments to combat IUU fishing;

(9)

identifying opportunities for increased information sharing between Federal agencies and partner governments working to combat IUU fishing;

(10)

consulting and coordinating with the seafood industry and nongovernmental stakeholders that work to combat IUU fishing;

(11)

supporting the work of collaborative international initiatives to make available certified data from state authorities about vessel and vessel-related activities related to IUU fishing;

(12)

supporting the identification and certification procedures to address IUU fishing in accordance with the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826d et seq.); and

(13)

publishing annual reports summarizing nonsensitive information about the Working Group’s efforts to investigate, enforce, and prosecute groups and individuals engaging in IUU fishing.

SEC. 3552. Strategic Plan.

(a)

Strategic Plan.— Not later than 2 years after the date of the enactment of this title, the Working Group, after consultation with the relevant stakeholders, shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Natural Resources of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives a 5-year integrated strategic plan on combating IUU fishing and enhancing maritime security, including specific strategies with monitoring benchmarks for addressing IUU fishing in priority regions.

(b)

Identification of Priority Regions and Priority Flag States.—

(1)

In general.— The strategic plan submitted under subsection (a) shall identify priority regions and priority flag states to be the focus of assistance coordinated by the Working Group under section 3551.

(2)

Priority region selection criteria.— In selecting priority regions under paragraph (1), the Working Group shall select regions that—

(A)

are at high risk for IUU fishing activity or the entry of illegally caught seafood into their markets; and

(B)

lack the capacity to fully address the issues described in subparagraph (A).

(3)

Priority flag states selection criteria.— In selecting priority flag states under paragraph (1), the Working Group shall select countries—

(A)

the flagged vessels of which actively engage in, knowingly profit from, or are complicit in IUU fishing; and

(B)

that lack the capacity to police their fleet.

SEC. 3553. Reports.

Not later than 5 years after the submission of the 5-year integrated strategic plan under section 3552, and 5 years after, the Working Group shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on the Judiciary of the Senate, the Select Committee on Intelligence of the Senate, the Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Natural Resources of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives that contains—

(1)

a summary of global and regional trends in IUU fishing;

(2)

an assessment of the extent of the convergence between transnational organized illegal activity, including human trafficking and forced labor, and IUU fishing;

(3)

an assessment of the topics, data sources, and strategies that would benefit from increased information sharing and recommendations regarding harmonization of data collection and sharing;

(4)

an assessment of assets, including military assets and intelligence, which can be used for either enforcement operations or strategies to combat IUU fishing;

(5)

summaries of the situational threats with respect to IUU fishing in priority regions and an assessment of the capacity of countries within such regions to respond to those threats;

(6)

an assessment of the progress of countries in priority regions in responding to those threats as a result of assistance by the United States pursuant to the strategic plan developed under section 3552, including—

(A)

the identification of—

(i)

relevant supply routes, ports of call, methods of landing and entering illegally caught product into legal supply chains, and financial institutions used in each country by participants engaging in IUU fishing; and

(ii)

indicators of IUU fishing that are related to money laundering;

(B)

an assessment of the adherence to, or progress toward adoption of, international treaties related to IUU fishing, including the Port State Measures Agreement, by countries in priority regions;

(C)

an assessment of the implementation by countries in priority regions of seafood traceability or capacity to apply traceability to verify the legality of catch and strengthen fisheries management;

(D)

an assessment of the capacity of countries in priority regions to implement shiprider agreements;

(E)

an assessment of the capacity of countries in priority regions to increase maritime domain awareness; and

(F)

an assessment of the capacity of governments of relevant countries in priority regions to sustain the programs for which the United States has provided assistance under this subtitle;

(7)

an assessment of the capacity of priority flag states to track the movement of and police their fleet, prevent their flagged vessels from engaging in IUU fishing, and enforce applicable laws and regulations; and

(8)

an assessment of the extent of involvement in IUU fishing of organizations designated as foreign terrorist organizations under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).

SEC. 3554. Gulf of Mexico Iuu Fishing Subworking Group.

(a)

In General.— Not later than 90 days after the date of the enactment of this title, the Administrator of the National Oceanic and Atmospheric Administration, in coordination with the Commandant of the Coast Guard and the Secretary of State, shall establish a subworking group to address IUU fishing in the exclusive economic zone of the United States in the Gulf of Mexico.

(b)

Functions.— The subworking group established under subsection (a) shall identify—

(1)

Federal actions taken and policies established during the 5-year period immediately preceding the date of the enactment of this title with respect to IUU fishing in the exclusive economic zone of the United States in the Gulf of Mexico, including such actions and policies related to—

(A)

the surveillance, interdiction, and prosecution of any foreign nationals engaged in such fishing; and

(B)

the application of the provisions of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826d et seq.) to any relevant nation, including the status of any past or ongoing consultations and certification procedures;

(2)

actions and policies, in addition to the actions and policies described in paragraph (1), each of the Federal agencies described in subsection (a) can take, using existing resources, to combat IUU fishing in the exclusive economic zone of the United States in the Gulf of Mexico; and

(3)

any additional authorities that could assist each such agency in more effectively addressing such IUU fishing.

(c)

Report.— Not later than 1 year after the IUU Fishing Subworking Group is established under subsection (a), the group shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Natural Resources of the House of Representatives that contains—

(1)

the findings identified pursuant to subsection (b); and

(2)

a timeline for each of the Federal agencies described in subsection (a) to implement each action or policy identified pursuant to subsection (b)(2).

PART III Combating Human Trafficking in Connection with the Catching and Processing of Seafood Products

SEC. 3561. Finding.

Congress finds that human trafficking, including forced labor, is a pervasive problem in the catching and processing of certain seafood products imported into the United States, particularly seafood products obtained through illegal, unreported, and unregulated fishing.

SEC. 3562. Adding the Secretary of Commerce to the Interagency Task Force to Monitor and Combat Trafficking.

Section 105(b) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(b)) is amended by inserting “ the Secretary of Commerce,” after “ the Secretary of Education,”.

SEC. 3563. Human Trafficking in the Seafood Supply Chain Report.

(a)

In General.— Not later than 1 year after the date of the enactment of this title, the Secretary of State and the Administrator of the National Oceanic and Atmospheric Administration shall jointly submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Natural Resources of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives that describes the existence of human trafficking, including forced labor, in the supply chains of seafood products imported into the United States.

(b)

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

(1)

a list of the countries at risk for human trafficking, including forced labor, in their seafood catching and processing industries, and an assessment of such risk for each listed country;

(2)

a description of the quantity and economic value of seafood products imported into the United States from the countries on the list compiled pursuant to paragraph (1);

(3)

a description and assessment of the methods, if any, in the countries on the list compiled pursuant to paragraph (1) to trace and account for the manner in which seafood is caught;

(4)

a description of domestic and international enforcement mechanisms to deter illegal practices in the catching of seafood in the countries on the list compiled pursuant to paragraph (1); and

(5)

such recommendations as the Secretary of State and the Administrator of the National Oceanic and Atmospheric Administration jointly consider appropriate for administrative action to enhance and improve actions against human trafficking, including forced labor, in the catching and processing of seafood products outside of United States waters.

PART IV Authorization of Appropriations

SEC. 3571. Authorization of Appropriations.

(a)

Funding.— Amounts made available to carry out this subtitle shall be derived from amounts appropriated to the relevant agencies and departments.

(b)

No Increase in Contributions.— Nothing in this subtitle shall be construed to authorize an increase in required or voluntary contributions paid by the United States to any multilateral or international organization.

SEC. 3572. Accounting of Funds.

By not later than 180 days after the date of enactment of this title, the head of each Federal agency receiving or allocating funds to carry out activities under this subtitle shall, to the greatest extent practicable, prepare and submit to Congress a report that provides an accounting of all funds made available under this subtitle to the Federal agency.