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Pub. L.
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Division C — Department of Energy National Security Authorizations and Other Authorizations

117th Congress · Approved Dec 27, 2021 · 135 Stat. 1541

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 2022 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 22–D–513, Power Sources Capability, Sandia National Laboratories, Albuquerque, New Mexico, $13,827,000. Project 22–D–514, Digital Infrastructure Capability Expansion, Lawrence Livermore National Laboratory, Livermore, California, $8,000,000. Project 22–D–531, KL Chemistry and Radiological Health Building, Knolls Atomic Power Laboratory, Schenectady, New York, $41,620,000. Project 22–D–532, KL Security Upgrades, Knolls Atomic Power Laboratory, Schenectady, New York, $5,100,000. Shipping & Receiving (Exterior), Los Alamos National Laboratory, Los Alamos, New Mexico, $9,700,000. TCAP Restoration Column A, Savannah River Site, Aiken, South Carolina, $4,700,000.

SEC. 3102. Defense Environmental Cleanup.

(a)
Authorization of Appropriations.— Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 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 22–D–401, 400 Area Fire Station, Hanford Site, Richland, Washington, $15,200,000. Project 22–D–402, 200 Area Water Treatment Facility, Hanford Site, Richland, Washington, $12,800,000. Project 22–D–403, Idaho Spent Nuclear Fuel Staging Facility, Idaho National Laboratory, Idaho Falls, Idaho, $3,000,000. Project 22–D–404, Additional ICDF Landfill Disposal Cell and Evaporation Ponds Project, Idaho National Laboratory, Idaho Falls, Idaho, $5,000,000.

SEC. 3103. Other Defense Activities.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 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 2022 for nuclear energy as specified in the funding table in section 4701.

Subtitle B Program Authorizations, Restrictions, and Limitations

SEC. 3111. Plutonium Pit Production Capacity.

(a)
Certifications.— Section 4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a) is amended by adding at the end the following new subsections:

“(d) Certifications on Plutonium Enterprise.—

“(1) Requirement.—Not later than 30 days after the date on which a covered project achieves a critical decision milestone, the Assistant Secretary for Environmental Management and the Deputy Administrator for Defense Programs shall jointly certify to the congressional defense committees that the operations, infrastructure, and workforce of such project are adequate to carry out the delivery and disposal of planned waste shipments relating to the plutonium enterprise, as outlined in the critical decision memoranda of the Department of Energy with respect to such project.

“(2) Failure to certify.—If the Assistant Secretary for Environmental Management and the Deputy Administrator for Defense Programs fail to make a certification under paragraph (1) by the date specified in such paragraph with respect to a covered project achieving a critical decision milestone, the Assistant Secretary and the Deputy Administrator shall jointly submit to the congressional defense committees, by not later than 30 days after such date, a plan to ensure that the operations, infrastructure, and workforce of such project will be adequate to carry out the delivery and disposal of planned waste shipments described in such paragraph.

“(e) Reports.—

“(1) Requirement.—Not later than March 1 of each year during the period beginning on the date on which the first covered project achieves critical decision 2 in the acquisition process and ending on the date on which the second project achieves critical decision 4 and begins operations, the Administrator for Nuclear Security shall submit to the congressional defense committees a report on the planned production goals of both covered projects during the first 10 years of the operation of the projects.

“(2) Elements.—Each report under paragraph (1) shall include—

“(A) the number of war reserve plutonium pits planned to be produced during each year, including the associated warhead type;

“(B) a description of risks and challenges to meeting the performance baseline for the covered projects, as approved in critical decision 2 in the acquisition process;

“(C) options available to the Administrator to balance scope, costs, and production requirements at the projects to decrease overall risk to the plutonium enterprise and enduring plutonium pit requirements; and

“(D) an explanation of any changes to the production goals or requirements as compared to the report submitted during the previous year.

“(f) Covered Project Defined.—In this subsection, the term ‘covered project’ means—

“(1) the Savannah River Plutonium Processing Facility, Savannah River Site, Aiken, South Carolina (Project 21–D–511); or

“(2) the Plutonium Pit Production Project, Los Alamos National Laboratory, Los Alamos, New Mexico (Project 21–D–512).”

(b)
Briefing.— Not later than May 1, 2022, the Administrator for Nuclear Security and the Director for Cost Estimating and Program Evaluation shall jointly provide to the congressional defense committees a briefing on the ability of the National Nuclear Security Administration to carry out the plutonium enterprise of the Administration, including with respect to the adequacy of the program management staff of the Administration to execute covered projects (as defined in subsection (f) of section 4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a), as amended by subsection (a)).

SEC. 3112. Improvements to Cost Estimates Informing Analyses of Alternatives.

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

“SEC. 4718. IMPROVEMENTS TO COST ESTIMATES INFORMING ANALYSES OF ALTERNATIVES.

“(a) Requirement for Analyses of Alternatives.—The Administrator shall ensure that any cost estimate used in an analysis of alternatives for a project carried out using funds authorized by a DOE national security authorization is designed to fully satisfy the requirements outlined in the mission needs statement approved at critical decision 0 in the acquisition process, as set forth in Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets) or a successor order.

“(b) Use of Project Engineering and Design Funds.—In the case of a project the total estimated cost of which exceeds $500,000,000 and that has not reached critical decision 1 in the acquisition process, the Administrator may use funds authorized by a DOE national security authorization for project engineering and design to begin the development of a conceptual design to facilitate the development of a cost estimate for the project during the analysis of alternatives for the project if—

“(1) the Administrator—

“(A) determines that such use of funds would improve the quality of the cost estimate for the project; and

“(B) notifies the congressional defense committees of that determination; and

“(2) a period of 15 days has elapsed after the date on which such committees receive the notification.”

(b)
Clerical Amendment.— The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4717 the following new item:

“Sec. 4718. Improvements to cost estimates informing analyses of alternatives.”.

SEC. 3113. University-Based Defense Nuclear Policy Collaboration Program.

Title XLVIII of the Atomic Energy Defense Act (50 U.S.C. 2781 et seq.) is amended by adding at the end the following new section (and conforming the table of contents accordingly):

“SEC. 4853. UNIVERSITY-BASED DEFENSE NUCLEAR POLICY COLLABORATION PROGRAM.

“(a) Program.—The Administrator shall carry out a program under which the Administrator establishes a policy research consortium of institutions of higher education and nonprofit entities in support of implementing and innovating the defense nuclear policy programs of the Administration. The Administrator shall establish and carry out such program in a manner similar to the program established under section 4814.

“(b) Purposes.—The purposes of the consortium under subsection (a) are as follows:

“(1) To shape the formulation and application of policy through the conduct of research and analysis regarding defense nuclear policy programs.

“(2) To maintain open-source databases on issues relevant to understanding defense nuclear nonproliferation, arms control, nuclear deterrence, foreign nuclear programs, and nuclear security.

“(3) To facilitate the collaboration of research centers of excellence relating to defense nuclear policy to better distribute expertise to specific issues and scenarios regarding such threats.

“(c) Duties.—

“(1) Support.—The Administrator shall ensure that the consortium established under subsection (a) provides support to individuals described in paragraph (2) through the use of nongovernmental fellowships, scholarships, research internships, workshops, short courses, summer schools, and research grants.

“(2) Individuals described.—The individuals described in this paragraph are graduate students, academics, and policy specialists, who are focused on policy innovation related to—

“(A) defense nuclear nonproliferation;

“(B) arms control;

“(C) nuclear deterrence;

“(D) the study of foreign nuclear programs;

“(E) nuclear security; or

“(F) educating and training the next generation of defense nuclear policy experts.”

SEC. 3114. Defense Environmental Cleanup Programs.

(a)
Establishment of Programs.— Subtitle A of title XLIV of the Atomic Energy Defense Act (50 U.S.C. 2581 et seq.) is amended by inserting after section 4406 the following new section (and conforming the table of contents at the beginning of such Act accordingly):

“SEC. 4406A. OTHER PROGRAMS RELATING TO TECHNOLOGY DEVELOPMENT.

“(a) Incremental Technology Development Program.—

“(1) Establishment.—The Secretary may establish a program, to be known as the ‘Incremental Technology Development Program’, to improve the efficiency and effectiveness of the defense environmental cleanup processes of the Office.

“(2) Focus.—

“(A) Improvements.—In carrying out the Incremental Technology Development Program, the Secretary shall focus on the continuous improvement of new or available technologies, including—

“(i) decontamination chemicals and techniques;

“(ii) remote sensing and wireless communication to reduce manpower and laboratory efforts;

“(iii) detection, assay, and certification instrumentation; and

“(iv) packaging materials, methods, and shipping systems.

“(B) Other areas.—The Secretary may include in the Incremental Technology Development Program mission-relevant development, demonstration, and deployment activities unrelated to the focus areas described in subparagraph (A).

“(3) Use of new and emerging technologies.—

“(A) Development and demonstration.—In carrying out the Incremental Technology Development Program, the Secretary shall ensure that site offices of the Office conduct technology development, demonstration, testing, permitting, and deployment of new and emerging technologies to establish a sound technical basis for the selection of technologies for defense environmental cleanup or infrastructure operations.

“(B) Collaboration required.—The Secretary shall collaborate, to the extent practicable, with the heads of other departments and agencies of the Federal Government, the National Laboratories, other Federal laboratories, appropriate State regulators and agencies, and the Department of Labor in the development, demonstration, testing, permitting, and deployment of new technologies under the Incremental Technology Development Program.

“(4) Agreements to carry out projects.—

“(A) Authority.—In carrying out the Incremental Technology Development Program, the Secretary may enter into agreements with nongovernmental entities for technology development, demonstration, testing, permitting, and deployment projects to improve technologies in accordance with paragraph (2).

“(B) Selection.—The Secretary shall select projects under subparagraph (A) through a rigorous process that involves—

“(i) transparent and open competition; and

“(ii) a review process that, if practicable, is conducted in an independent manner consistent with Department guidance on selecting and funding public-private partnerships.

“(C) Cost-sharing.—The Federal share of the costs of the development, demonstration, testing, permitting, and deployment of new technologies carried out under this paragraph shall be not more than 70 percent.

“(D) Briefing.—Not later than 120 days before the date on which the Secretary enters into the first agreement under subparagraph (A), the Secretary shall provide to the congressional defense committees a briefing on the process of selecting and funding efforts within the Incremental Technology Development Program, including with respect to the plans of the Secretary to ensure a scientifically rigorous process that minimizes potential conflicts of interest.

“(b) High-Impact Technology Development Program.—

“(1) Establishment.—The Secretary shall establish a program, to be known as the ‘High-Impact Technology Development Program’, under which the Secretary shall enter into agreements with nongovernmental entities for projects that pursue technologies that, with respect to the mission—

“(A) holistically address difficult challenges;

“(B) hold the promise of breakthrough improvements; or

“(C) align existing or in-use technologies with difficult challenges.

“(2) Areas of focus.—The Secretary may include as areas of focus for a project carried out under the High-Impact Technology Development Program the following:

“(A) Developing and demonstrating improved methods for source and plume characterization and monitoring, with an emphasis on—

“(i) real-time field acquisition; and

“(ii) the use of indicator species analyses with advanced contaminant transport models to enable better understanding of contaminant migration.

“(B) Developing and determining the limits of performance for remediation technologies and integrated remedial systems that prevent migration of contaminants, including by producing associated guidance and design manuals for technologies that could be widely used across the complex.

“(C) Demonstrating advanced monitoring approaches that use multiple lines of evidence for monitoring long-term performance of—

“(i) remediation systems; and

“(ii) noninvasive near-field monitoring techniques.

“(D) Developing and demonstrating methods to characterize the physical and chemical attributes of waste that control behavior, with an emphasis on—

“(i) rapid and nondestructive examination and assay techniques; and

“(ii) methods to determine radio-nuclide, heavy metals, and organic constituents.

“(E) Demonstrating the technical basis for determining when enhanced or natural attenuation is an appropriate approach for remediation of complex sites.

“(F) Developing and demonstrating innovative methods to achieve real-time and, if practicable, in situ characterization data for tank waste and process streams that could be useful for all phases of the waste management program, including improving the accuracy and representativeness of characterization data for residual waste in tanks and ancillary equipment.

“(G) Adapting existing waste treatment technologies or demonstrating new waste treatment technologies at the pilot plant scale using real wastes or realistic surrogates—

“(i) to address engineering adaptations;

“(ii) to ensure compliance with waste treatment standards and other applicable requirements under Federal and State law and any existing agreements or consent decrees to which the Department is a party; and

“(iii) to enable successful deployment at full-scale and in support of operations.

“(H) Developing and demonstrating rapid testing protocols that—

“(i) are accepted by the Environmental Protection Agency, the Nuclear Regulatory Commission, the Department, and the scientific community;

“(ii) can be used to measure long-term waste form performance under realistic disposal environments;

“(iii) can determine whether a stabilized waste is suitable for disposal; and

“(iv) reduce the need for extensive, time-consuming, and costly analyses on every batch of waste prior to disposal.

“(I) Developing and demonstrating direct stabilization technologies to provide waste forms for disposing of elemental mercury.

“(J) Developing and demonstrating innovative and effective retrieval methods for removal of waste residual materials from tanks and ancillary equipment, including mobile retrieval equipment or methods capable of immediately removing waste from leaking tanks, and connecting pipelines.

“(3) Project selection.—

“(A) Selection.—The Secretary shall select projects to be carried out under the High-Impact Technology Development Program through a rigorous process that involves—

“(i) transparent and open competition; and

“(ii) a review process that, if practicable, is conducted in an independent manner consistent with Department guidance on selecting and funding public-private partnerships.

“(B) Briefing.—Not later than 120 days before the date on which the Secretary enters into the first agreement under paragraph (1), the Secretary shall provide to the congressional defense committees a briefing on the process of selecting and funding efforts within the High-Impact Technology Development Program, including with respect to the plans of the Secretary to ensure a scientifically rigorous process that minimizes potential conflicts of interest.

“(c) Environmental Management University Program.—

“(1) Establishment.—The Secretary shall establish a program, to be known as the ‘Environmental Management University Program’, to—

“(A) engage faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education on subjects relating to the mission to show a clear path for students for employment within the environmental management enterprise;

“(B) provide institutions of higher education and the Department access to advances in engineering and science;

“(C) clearly identify to institutions of higher education the tools necessary to enter into the environmental management field professionally; and

“(D) encourage current employees of the Department to pursue advanced degrees.

“(2) Areas of focus.—The Secretary may include as areas of focus for a grant made under the Environmental Management University Program the following:

“(A) The atomic- and molecular-scale chemistries of waste processing.

“(B) Contaminant immobilization in engineered and natural systems.

“(C) Developing innovative materials, with an emphasis on nanomaterials or biomaterials, that could enable sequestration of challenging hazardous or radioactive constituents such as technetium and iodine.

“(D) Elucidating and exploiting complex speciation and reactivity far from equilibrium.

“(E) Understanding and controlling chemical and physical processes at interfaces.

“(F) Harnessing physical and chemical processes to revolutionize separations.

“(G) Tailoring waste forms for contaminants in harsh chemical environments.

“(H) Predicting and understanding subsurface system behavior and response to perturbations.

“(3) Individual research grants.—In carrying out the Environmental Management University Program, the Secretary may make individual research grants to faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for three-year research projects, with an option for an extension of one additional two-year period.

“(4) Grants for interdisciplinary collaborations.—In carrying out the Environmental Management University Program, the Secretary may make research grants for strategic partnerships among scientists, faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for three-year research projects.

“(5) Hiring of undergraduates.—In carrying out the Environmental Management University Program, the Secretary may establish a summer internship program for undergraduates of institutions of higher education to work on projects relating to environmental management.

“(6) Workshops.—In carrying out the Environmental Management University Program, the Secretary may hold workshops with the Office of Environmental Management, the Office of Science, and members of academia and industry concerning environmental management challenges and solutions.

“(d) Definitions.—In this section:

“(1) The term ‘complex’ means all sites managed in whole or in part by the Office.

“(2) The term ‘Department’ means the Department of Energy.

“(3) The term ‘institution of higher education’ has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

“(4) The term ‘mission’ means the mission of the Office.

“(5) 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).

“(6) The term ‘Office’ means the Office of Environmental Management of the Department.

“(7) The term ‘Secretary’ means the Secretary of Energy, acting through the Assistant Secretary for Environmental Management.”

(b)
Independent Assessment of Defense Environmental Cleanup Programs.—
(1)
Independent assessment.— Not later than one year after the date of the enactment of this Act, the Chief of Engineers of the Army shall develop and transmit to the Secretary of Energy and the congressional defense committees an independent assessment of the lifecycle costs and schedules of the defense environmental cleanup programs of the Office of Environmental Management of the Department of Energy.
(2)
Focus of assessment.— The Chief of Engineers shall ensure that the assessment under paragraph (1) is focused on—
(A)
identifying key remaining technical risks and uncertainties of the defense environmental cleanup programs; and
(B)
providing recommendations to the Secretary and to the congressional defense committees with respect to the annual funding levels for the Incremental Technology Development Program and the High-Impact Technology Development Program established under section 4406A of the Atomic Energy Defense Act, as added by subsection (a), that will ensure maximum cost-savings over the life of the defense environmental cleanup programs of the Office.
(3)
No effect on program implementation.— Nothing in this subsection affects the establishment, implementation, or carrying out of any project or program under any other provision of law, including under section 4406A of the Atomic Energy Defense Act, as added by subsection (a), or under any existing agreement or consent decree to which the Department is a party, during the period in which the assessment under paragraph (1) is carried out.

SEC. 3115. Modification of Requirements for Certain Construction Projects.

(a)
Increase in Minor Construction Threshold for Plant Projects.— Section 4701(2) of the Atomic Energy Defense Act (50 U.S.C. 2741(2)) is amended by striking “ $20,000,000” and inserting “ $25,000,000”.
(b)
Notification Requirement for Certain Minor Construction Projects.—
(1)
In general.— Section 4703 of the Atomic Energy Defense Act (50 U.S.C. 2743) is amended—
(A)
by redesignating subsection (d) as subsection (e); and
(B)
by inserting after subsection (c) the following new subsection (d):

“(d) Notification Required for Certain Projects.—Notwithstanding subsection (a), the Secretary may not start a minor construction project with a total estimated cost of more than $5,000,000 until—

“(1) the Secretary notifies the congressional defense committees of such project and total estimated cost; and

“(2) a period of 15 days has elapsed after the date on which such notification is received.”

(2)
Conforming repeal.— Section 3118(c) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 50 U.S.C. 2743 note) is repealed.
(c)
Increase in Construction Design Threshold.— Section 4706(b) of the Atomic Energy Defense Act (50 U.S.C. 2746(b)) is amended by striking “ $2,000,000” each place it appears and inserting “ $5,000,000”.

SEC. 3116. Updates to Infrastructure Modernization Initiative.

Section 3111(b) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 50 U.S.C. 2402 note) is amended—
(1)
in paragraph (1), by striking “ reduce the deferred maintenance and repair needs of the nuclear security enterprise by not less than 30 percent by 2025” and inserting “ reduce the total deferred maintenance per replacement plant value of the nuclear security enterprise by not less than 45 percent by 2030”;
(2)
in paragraph (2)(A)(i)(II), by striking “ $50,000,000” and inserting “ $75,000,000”;
(3)
in paragraph (3)—
(A)
in the paragraph heading, by striking “ Initial plan” and inserting “ Plan required”; and
(B)
in the matter preceding subparagraph (A)—
(i)
by striking “ 2018” and inserting “ 2022”; and
(ii)
by striking “ an initial plan” and inserting “ a plan”;
(4)
in paragraph (4)—
(A)
by striking “ 2024” and inserting “ 2023”; and
(B)
by striking “ 2025” and inserting “ 2030”; and
(5)
by adding at the end the following new paragraphs:

“(5) Annual reports.—Not later than March 1, 2023, and annually thereafter through 2030, the Administrator for Nuclear Security shall submit to the congressional defense committees a report with respect to whether the updated plan under paragraph (3) is being implemented in a manner adequate to achieve the goal specified in paragraph (1).”

SEC. 3117. Extension of Authority for Appointment of Certain Scientific, Engineering, and Technical Personnel.

Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C. 2701(c)(1)) is amended by striking “ September 30, 2021” and inserting “ September 30, 2026”.

SEC. 3118. Extension of Authority for Acceptance of Contributions for Acceleration of Removal or Security of Fissile Materials, Radiological Materials, and Related Equipment at Vulnerable Sites Worldwide.

(a)
In General.— Section 3132 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (50 U.S.C. 2569) is—
(1)
transferred to title XLIII of the Atomic Energy Defense Act (50 U.S.C. 2565 et seq.);
(2)
redesignated as section 4306B;
(3)
inserted after section 4306A; and
(4)
amended, in subsection (f)(6), by striking “ December 31, 2023” and inserting “ December 31, 2028”.
(b)
Clerical Amendment.— The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4306A the following new item:

“Sec. 4306B. Acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide.”.

SEC. 3119. Extension of Enhanced Procurement Authority to Manage Supply Chain Risk.

Section 4806(g) of the Atomic Energy Defense Act (50 U.S.C. 2786(g)) is amended by striking “ June 30, 2023” and inserting “ December 31, 2028”.

SEC. 3120. Prohibition on Availability of Funds to Reconvert or Retire W76–2 Warheads.

(a)
Prohibition.— Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the National Nuclear Security Administration may be obligated or expended to reconvert or retire a W76–2 warhead.
(b)
Waiver.— The Administrator for Nuclear Security may waive the prohibition in subsection (a) if the Administrator, in consultation with the Secretary of Defense, the Director of National Intelligence, and the Chairman of the Joint Chiefs of Staff, certifies in writing to the congressional defense committees—
(1)
that Russia and China do not possess naval capabilities similar to the W76–2 warhead in the active stockpiles of the respective country; or
(2)
that the Department of Defense does not have a valid military requirement for the W76–2 warhead.

SEC. 3121. Portfolio Management Framework for National Nuclear Security Administration.

(a)
In General.— Not later than one year after the date of the enactment of this Act, the Administrator for Nuclear Security shall—
(1)
in consultation with the Nuclear Weapons Council established under section 179 of title 10, United States Code, develop and implement a portfolio management framework for the nuclear security enterprise that—
(A)
defines the National Nuclear Security Administration’s portfolio of nuclear weapons stockpile and infrastructure maintenance and modernization programs;
(B)
establishes a portfolio governance structure, including portfolio-level selection criteria, prioritization criteria, and performance metrics;
(C)
outlines the approach of the National Nuclear Security Administration to managing that portfolio; and
(D)
incorporates the leading practices identified by the Comptroller General of the United States in the report titled “Nuclear Security Enterprise: NNSA Should Use Portfolio Management Leading Practices to Support Modernization Efforts” (GAO–21–398) and dated June 2021; and
(2)
complete an integrated, comprehensive assessment of the portfolio management capabilities required to execute the weapons activities portfolio of the National Nuclear Security Administration.
(b)
Briefing Requirement.— Not later than June 1, 2022, the Administrator shall provide to the congressional defense committees a briefing on—
(1)
the progress of the Administrator in developing the framework described in paragraph (1) of subsection (a) and completing the assessment required by paragraph (2) of that subsection; and
(2)
the plans of the Administrator for implementing the recommendations of the Comptroller General in the report referred to in paragraph (1)(D) of that subsection.
(c)
Nuclear Security Enterprise Defined.— In this section, the term “nuclear security enterprise” has the meaning given that term in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501).

Subtitle C Reports and Other Matters

SEC. 3131. Modifications to Certain Reporting Requirements.

(a)
Notification of Employee Practices Affecting National Security.— Section 3245 of the National Nuclear Security Administration Act (50 U.S.C. 2443) is amended by striking subsections (a) and (b) and inserting the following new subsections:

“(a) Annual Notification of Security Clearance Revocations.—At or about the time that the President’s budget is submitted to Congress under section 1105(a) of title 31, United States Code, the Administrator shall notify the appropriate congressional committees of—

“(1) the number of covered employees whose security clearance was revoked during the year prior to the year in which the notification is made; and

“(2) for each employee counted under paragraph (1), the length of time such employee has been employed at the Administration, as the case may be, since such revocation.

“(b) Annual Notification of Terminations and Removals.—Not later than December 31 of each year, the Administrator shall notify the appropriate congressional committees of each instance in which the Administrator terminated the employment of a covered employee or removed and reassigned a covered employee for cause during that year.”

(b)
Reports on Certain Transfers of Civil Nuclear Technology.— Section 3136(a) of the National Defense Authorization Act for Fiscal Year 2016 (42 U.S.C. 2077a(a)) is amended—
(1)
in the matter preceding paragraph (1), by striking “ Not less frequently than every 90 days,” and inserting “ At the same time as the President submits to Congress the annual budget request under section 1105 of title 31, United States Code, for a fiscal year,”;
(2)
in paragraph (1), by striking “ the preceding 90 days” and inserting “ the preceding year”; and
(3)
in the heading, by striking “ Report” and inserting “ Annual Reports”.
(c)
Certain Annual Reviews by Nuclear Science Advisory Committee.— Section 3173(a)(4)(B) of the National Defense Authorization Act for Fiscal Year 2013 (42 U.S.C. 2065(a)(4)(B)) is amended by striking “ annual reviews” and inserting “ triennial reviews”.

SEC. 3132. Modification to Terminology for Reports on Financial Balances for Atomic Energy Defense Activities.

Section 4732 of the Atomic Energy Defense Act (50 U.S.C. 2772) is amended—
(1)
in subsection (b)(2)—
(A)
in subparagraph (G), by striking “ committed” and inserting “ encumbered”;
(B)
in subparagraph (H), by striking “ uncommitted” and inserting “ unencumbered”; and
(C)
in subparagraph (I), by striking “ uncommitted” and inserting “ unencumbered”; and
(2)
in subsection (c)—
(A)
by striking paragraphs (1) and (3);
(B)
by redesignating paragraphs (2) and (4) as paragraphs (1) and (3), respectively;
(C)
in paragraph (1), as redesignated by subparagraph (B), by striking “ by the contractor” and inserting “ from the contractor”;
(D)
by inserting after paragraph (1), as so redesignated, the following new paragraph (2):

“(2) Encumbered.—The term ‘encumbered’, with respect to funds, means the funds have been obligated to a contract and are being held for a specific known purpose by the contractor.”

(E)
in paragraph (3), as so redesignated, by striking “ by the contractor” and inserting “ from the contractor”; and
(F)
by inserting after paragraph (3), as so redesignated, the following new paragraph (4):

“(4) Unencumbered.—The term ‘unencumbered’, with respect to funds, means the funds have been obligated to a contract and are not being held for a specific known purpose by the contractor.”

SEC. 3133. Improvements to Annual Reports on Condition of the United States Nuclear Weapons Stockpile.

Section 4205(e)(3) of the Atomic Energy Defense Act (50 U.S.C. 2525(e)(3)) is amended—
(1)
in subparagraph (A), by inserting “ , including with respect to cyber assurance,” after “ methods”; and
(2)
in subparagraph (B), by inserting “ , and the confidence of the head in such tools and methods” after “ the assessments”.

SEC. 3134. Report on Plant-Directed Research and Development.

Section 4812A of the Atomic Energy Defense Act (50 U.S.C. 2793) is amended—
(1)
by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and
(2)
by inserting after subsection (a) the following new subsection (b):

“(b) Plant-directed Research and Development.—

“(1) In general.—The report required by subsection (a) shall include, with respect to plant-directed research and development, the following:

“(A) A financial accounting of expenditures for such research and development, disaggregated by nuclear weapons production facility.

“(B) A breakdown of the percentage of research and development conducted by each such facility that is plant-directed research and development.

“(C) An explanation of how each such facility plans to increase the availability and utilization of funds for plant-directed research and development.

“(2) Plant-directed research and development defined.—In this subsection, the term ‘plant-directed research and development’ means research and development selected by the director of a nuclear weapons production facility.”

SEC. 3135. Reports on Risks to and Gaps in Industrial Base for Nuclear Weapons Components, Subsystems, and Materials.

Section 3113 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 50 U.S.C. 2512 note) is amended by adding at the end the following new subsection:

“(e) Reports.—The Administrator, acting through the official designated under subsection (a), shall submit to the Committees on Armed Services of the Senate and the House of Representatives, contemporaneously with each briefing required by subsection (d)(2), a report—

“(1) identifying actual or potential risks to or specific gaps in any element of the industrial base that supports the nuclear weapons components, subsystems, or materials of the National Nuclear Security Administration;

“(2) describing the actions the Administration is taking to further assess, characterize, and prioritize such risks and gaps;

“(3) describing mitigating actions, if any, the Administration has underway or planned to mitigate any such risks or gaps;

“(4) setting forth the anticipated timelines and resources needed for such mitigating actions; and

“(5) describing the nature of any coordination with or burden sharing by other departments or agencies of the Federal Government or the private sector to address such risks and gaps.”

SEC. 3136. Transfer of Building Located at 4170 Allium Court, Springfield, Ohio.

(a)
In General.— The National Nuclear Security Administration shall release all of its reversionary rights without reimbursement to the building located at 4170 Allium Court, Springfield, Ohio, also known as the Advanced Technical Intelligence Center for Human Capital Development, to the Community Improvement Corporation of Clark County and the Chamber of Commerce.
(b)
Fee Simple Interest.— The fee simple interest in the property, on which the building described in subsection (a) is located, shall be transferred from the Advanced Technical Intelligence Center for Human Capital Development to the Community Improvement Corporation of Clark County prior to or concurrent with the release of the reversionary rights of the National Nuclear Security Administration under subsection (a).

SEC. 3137. Comprehensive Strategy for Treating, Storing, and Disposing of Defense Nuclear Waste Resulting from Stockpile Maintenance and Modernization Activities.

(a)
In General.— Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Administrator for Nuclear Security shall submit to the congressional defense committees and the Comptroller General of the United States a comprehensive strategy for treating, storing, and disposing of defense nuclear waste generated as a result of stockpile maintenance and modernization activities.
(b)
Elements.— The strategy required by subsection (a) shall include the following:
(1)
A projection of the location, type, and quantity of defense nuclear waste the National Nuclear Security Administration anticipates generating as a result of stockpile maintenance and modernization activities during the periods of five and 10 fiscal years after the submission of the strategy, with a long-term outlook for the period of 25 fiscal years after such submission.
(2)
Budgetary estimates associated with the projection under paragraph (1) during the period of five fiscal years after the submission of the strategy.
(3)
A description of how the National Nuclear Security Administration plans to coordinate with the Office of Environmental Management of the Department of Energy to treat, store, and dispose of the type and quantity of waste projected to be generated under paragraph (1).
(4)
An identification of—
(A)
disposal facilities that could accept that waste;
(B)
disposal facilities that could accept that waste with modifications; and
(C)
in the case of facilities described in subparagraph (B), the modifications necessary for such facilities to accept that waste.
(c)
Follow-on Strategy.— Concurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2027, the Administrator shall submit to the congressional defense committees a follow-on strategy to the strategy required by subsection (a) that includes—
(1)
the elements set forth in subsection (b); and
(2)
any other matters that the Administrator considers appropriate.

SEC. 3138. Acquisition of High-Performance Computing Capabilities by National Nuclear Security Administration.

(a)
Roadmap for Acquisition.—
(1)
In general.— Not later than two years after the date of the enactment of this Act, the Administrator for Nuclear Security shall submit to the congressional defense committees a roadmap for the acquisition by the Administration of high-performance computing capabilities during the 10-year period following submission of the roadmap.
(2)
Elements.— The roadmap required by paragraph (1) shall include the following:
(A)
A description of the high-performance computing capabilities required to support the mission of the Administration as of the date on which the roadmap is submitted under paragraph (1).
(B)
An identification of any existing or anticipated gaps in such capabilities.
(C)
A description of the high-performance computing capabilities anticipated to be required by the Administration during the 10-year period following submission of the roadmap, including computational performance and other requirements, as appropriate.
(D)
A description of the strategy of the Administration for acquiring such capabilities.
(E)
An assessment of the ability of the industrial base to support that strategy.
(F)
Such other matters the Administrator considers appropriate.
(3)
Consultation and considerations.— In developing the roadmap required by paragraph (1), the Administrator shall—
(A)
consult with the Secretary of Energy; and
(B)
take into consideration the findings of the review of the future of computing beyond exascale computing conducted by the National Academy of Sciences under section 3172 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).
(b)
Independent Assessment of High-performance Computing Acquisitions.—
(1)
In general.— The Administrator shall seek to enter into an agreement with a federally funded research and development center to assess the first acquisition of high-performance computing capabilities by the Administration after the date of the enactment of this Act.
(2)
Elements.— The assessment required by paragraph (1) of the acquisition of high-performance computing capabilities described in that paragraph shall include an assessment of the following:
(A)
The mission needs of the Administration met by the acquisition.
(B)
The evidence used to support the acquisition decision, such as an analysis of alternatives or business case analyses.
(C)
Market research performed by the Advanced Simulation and Computing Program related to the acquisition.
(3)
Report required.—
(A)
In general.— Not later than 90 days after entering into the arrangement under paragraph (1), the Administrator shall submit to the congressional defense committees a report on the assessment conducted under paragraph (1).
(B)
Form of report.— The report required by subparagraph (A) shall be submitted in unclassified form but may include a classified annex.

SEC. 3139. Study on the W80–4 Nuclear Warhead Life Extension Program.

(a)
Study.— Not later than 30 days after the date of the enactment of this Act, the Director for Cost Estimation and Program Evaluation shall initiate a study on the W80–4 nuclear warhead life extension program.
(b)
Matters Included.— The study under subsection (a) shall include the following:
(1)
An explanation of any increases in actual or projected costs of the W80–4 nuclear warhead life extension program.
(2)
An analysis of projections of total program costs and planned program schedules.
(3)
An analysis of the potential impacts on other programs as a result of additional funding required to maintain the planned program schedule for the W80–4 nuclear warhead life extension program, including with respect to—
(A)
other life-extension programs;
(B)
infrastructure programs; and
(C)
research, development, test, and evaluation programs.
(4)
An analysis of the impacts that a delay of the program will have on other programs due to—
(A)
technical or management challenges; and
(B)
changes in requirements for the program.
(c)
Submission.— Not later than 180 days after the date of the enactment of this Act, the Director shall submit to the congressional defense committees the study under subsection (a).
(d)
Form.— The study under subsection (a) shall be in unclassified form, but may include a classified annex.

SEC. 3140. Study on Runit Dome and Related Hazards.

(a)
Study.— Not later than 60 days after the date of enactment of this Act, the Secretary of Energy shall seek to enter into an agreement with a federally funded research and development center to conduct a study on the impacts of climate change on the “Runit Dome” nuclear waste disposal site in Enewetak Atoll, Marshall Islands, and on other environmental hazards due to nuclear weapons testing in the vicinity thereof. The report shall include a scientific analysis of threats to the environment and to the residents of Enewetak Atoll, including—
(1)
the “Runit Dome” nuclear waste disposal site;
(2)
crypts used to contain nuclear waste and other toxins on Enewetak Atoll; and
(3)
radionuclides and other toxins present in the lagoon of Enewetak Atoll.
(b)
Public Comments.— In conducting the study under subsection (a), the federally funded research and development center shall solicit public comments.
(c)
Report.— Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the study conducted under subsection (a).

SEC. 3141. Sense of Congress Regarding Compensation of Individuals Relating to Uranium Mining and Nuclear Testing.

(a)
Findings.— Congress makes the following findings:
(1)
The Radiation Exposure Compensation Act (Public Law 101–426; 42 U.S.C. 2210 note) was enacted in 1990 to provide monetary compensation to individuals who contracted certain cancers and other serious diseases following their exposure to radiation released during atmospheric nuclear weapons testing during the Cold War or following exposure to radiation as a result of employment in the uranium industry during the Cold War.
(2)
The Radiation Exposure Compensation Act expires on July 9, 2022. Unless that Act is extended, individuals who contract certain cancers and other serious diseases because of events described in paragraph (1) may be unable to claim compensation for such diseases.
(b)
Sense of Congress.— It is the sense of Congress that the United States Government should continue to appropriately compensate and recognize the individuals described in subsection (a).

TITLE XXXII Defense Nuclear Facilities Safety Board

SEC. 3201. Authorization.

There are authorized to be appropriated for fiscal year 2022, $31,000,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).

SEC. 3202. References to Chairperson and Vice Chairperson of Defense Nuclear Facilities Safety Board.

Chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.) is amended—
(1)
in section 311(c), in the subsection heading, by striking “ Chairman, Vice Chairman” and inserting “ Chairperson, Vice Chairperson”; and
(2)
by striking “ Chairman” each place it appears and inserting “ Chairperson”.

TITLE XXXIV Naval Petroleum Reserves

SEC. 3401. Authorization of Appropriations.

(a)
Amount.— There are hereby authorized to be appropriated to the Secretary of Energy $13,650,000 for fiscal year 2022 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 Security

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 2022 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, $90,532,000, of which—
(A)
$85,032,000 shall be for Academy operations, which may be used to hire personnel pursuant to subsection (d) and to implement any recommendations of the Merchant Marine Academy Advisory Council established under subsection (c); and
(B)
$5,500,000 shall remain available until expended for capital asset management at the Academy.
(2)
For expenses necessary to support the State maritime academies, $50,780,000, of which—
(A)
$2,400,000 is for the Student Incentive Program;
(B)
$6,000,000 is for direct payments;
(C)
$3,800,000 is for training ship fuel assistance;
(D)
$8,080,000 is for offsetting the costs of training ship sharing; and
(E)
$30,500,000 is for maintenance and repair of State maritime academy training vessels.
(3)
For expenses necessary to support the National Security Multi-Mission Vessel Program, $315,600,000.
(4)
For expenses necessary to support Maritime Administration operations and programs, $60,853,000.
(5)
For expenses necessary to dispose of vessels in the National Defense Reserve Fleet, $10,000,000.
(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, $318,000,000.
(7)
For expenses necessary for the loan guarantee program authorized under chapter 537 of title 46, United States Code, $33,000,000, of which—
(A)
$30,000,000 may be used for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees under the program; and
(B)
$3,000,000 may be used for administrative expenses relating to loan guarantee commitments under the program.
(8)
For expenses necessary to provide for the Tanker Security Fleet, as authorized under chapter 534 of title 46, United States Code, $60,000,000.
(9)
For expenses necessary to support maritime environmental and technical assistance activities authorized under section 50307 of title 46, United States Code, $10,000,000.
(10)
For expenses necessary to support marine highway program activities authorized under chapter 556 of such title, $11,000,000.
(11)
For expenses necessary to provide assistance to small shipyards and for the maritime training program authorized under section 54101 of title 46, United States Code, $40,000,000.
(12)
For expenses necessary to implement the Port and Intermodal Improvement Program, $750,000,000, to remain available until expended, except that no such funds may be used to provide a grant 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 of port terminal.
(b)
Availability of Amounts.— The amounts authorized to be appropriated under subsection (a) shall remain available as follows:
(1)
The amounts authorized to be appropriated under paragraphs (1)(A), (2)(A), and (4)(A) shall remain available until September 30, 2022.
(2)
The amounts authorized to be appropriated under paragraphs (1)(B), (2)(B), (D), and (E), (3), (4)(B), (5), (6), (7)(A), (8), and (9) shall remain available until expended without fiscal year limitation.
(c)
United States Merchant Marine Academy Advisory Council; Unfilled Vacancies.—
(1)
In general.— Chapter 513 of title 46, United States Code, is amended by adding at the end the following new sections:

“§ 51323. United States Merchant Marine Academy Advisory Council

“(a) Establishment.—The Secretary of Transportation shall establish an advisory council, to be known as the ‘United States Merchant Marine Academy Advisory Council’ (in this section referred to as the ‘Council’).

“(b) Membership.—

“(1) In general.—The Secretary shall select not fewer than 8 and not more than 14 individuals to serve as members of the Council. Such individuals shall have such expertise as the Secretary determines necessary and appropriate for providing advice and guidance on improving the Academy.

“(2) Governmental experts.—The number of members of the Council who are employees of the Federal Government may not exceed the number of members of the Council who are not employees of the Federal Government.

“(3) Employee status.—Members of the Council shall not be considered employees of the United States Government by reason of their membership on the Council for any purpose and shall not receive compensation other than reimbursement of travel expenses and per diem allowance in accordance with section 5703 of title 5.

“(c) Responsibilities.—The Council shall provide advice to the Secretary at the time and in the manner requested by the Secretary.

“(d) Personally Identifiable Information.—In carrying out its responsibilities under this subsection, the Council shall comply with the obligations of the Department of Transportation to protect personally identifiable information.

“§ 51324. Unfilled vacancies

“(a) In General.—In the event of an unfilled vacancy for any critical position at the United States Merchant Marine Academy, the Secretary of Transportation may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of that title, a qualified candidate for the purposes of filling up to 20 of such positions.

“(b) Critical Position Defined.—In this section, the term ‘critical position’ means a position that contributes to the improvement of—

“(1) the culture or infrastructure of the Academy;

“(2) student health and well being;

“(3) Academy governance; or

“(4) any other priority areas identified by the Council.”

(2)
Clerical amendment.— The table of sections at the beginning of such chapter is amended by adding at the end the following new items:

“51323. United States Merchant Marine Academy Advisory Council.

“51324. Unfilled vacancies.”.

Subtitle B Other Matters

SEC. 3511. Effective Period for Issuance of Documentation for Recreational Vessels.

(1)
by striking subparagraphs (A) and (B) and inserting the following:

“(A) In general.—The owner or operator of a recreational vessel may choose a period of effectiveness of between 1 and 5 years for a certificate of documentation for a recreational vessel or the renewal thereof.”

; and

(2)
by redesignating subparagraph (C) as subparagraph (B).

SEC. 3512. Committees on Maritime Matters.

(a)
In General.—
(1)
Chapter 555 of title 46, United States Code, is redesignated as chapter 504 of such title and transferred to appear after chapter 503 of such title.
(2)
Chapter 504 of such title, as redesignated by paragraph (1), is amended in the chapter heading by striking “ MISCELLANEOUS” and inserting “ COMMITTEES”.
(3)
Sections 55501 and 55502 of such title are redesignated as section 50401 and section 50402, respectively, of such title and transferred to appear in chapter 504 of such title (as redesignated by paragraph (1)).
(4)
The section heading for section 50401 of such title, as redesignated by paragraph (3), is amended to read as follows: “ united states committee on the marine transportation system”.
(b)
Conforming Amendment.— Section 8332(b)(1) of the Elijah E. Cummings Coast Guard Authorization Act of 2020 (division G of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283)) is amended by striking “ section 55502” and inserting “ section 50402”.
(c)
Clerical Amendments.—
(1)
The analysis for chapter 504 of title 46, United States Code, as redesignated by subsection (a)(1), is amended to read as follows:

“Chapter 504— Committees

“Sec.

“50401. United States Committee on the Marine Transportation System.

“50402. Maritime Transportation System National Advisory Committee.”.

(2)
The table of chapters for subtitle V of title 46, United States Code, is amended—
(A)
by inserting after the item relating to chapter 503 the following:

“504. Committees 50401”; and

(B)
by striking the item relating to chapter 555.

SEC. 3513. Port Infrastructure Development Program.

(a)
In General.—
(1)
Part C of subtitle V of title 46, United States Code, is amended by adding at the end the following:

“CHAPTER 543— PORT INFRASTRUCTURE DEVELOPMENT PROGRAM

“54301. Port infrastructure development program.

“§ 54301. Port infrastructure development program”

(2)
Subsections (c), (d), and (e) of section 50302 of such title are redesignated as subsections (a), (b), and (c) of section 54301 of such title, respectively, and transferred to appear in chapter 543 of such title (as added by paragraph (1)).
(b)
Amendments to Section 54301.— Section 54301 of such title, as redesignated by subsection (a)(2), is amended—
(1)
in subsection (a)—
(A)
in paragraph (2) by striking “ or subsection (d)” and inserting “ or subsection (b)”;
(B)
in paragraph (3)(A)(ii)—
(i)
in subclause (II) by striking “ ; or” and inserting a semicolon;
(ii)
by striking subclause (III); and
(iii)
by adding at the end the following:

“(III) operational improvements, including projects to improve port resilience; or

“(IV) environmental and emission mitigation measures; including projects for—

“(aa) port electrification or electrification master planning;

“(bb) harbor craft or equipment replacements or retrofits;

“(cc) development of port or terminal microgrids;

“(dd) providing idling reduction infrastructure;

“(ee) purchase of cargo handling equipment and related infrastructure;

“(ff) worker training to support electrification technology;

“(gg) installation of port bunkering facilities from oceangoing vessels for fuels;

“(hh) electric vehicle charge or hydrogen refueling infrastructure for drayage and medium or heavy duty trucks and locomotives that service the port and related grid upgrades; or

“(ii) other related port activities, including charging infrastructure, electric rubber-tired gantry cranes, and anti-idling technologies.”

(C)
in paragraph (5)—
(i)
in subparagraph (A) by striking “ or subsection (d)” and inserting “ or subsection (b)”; and
(ii)
in subparagraph (B) by striking “ subsection (d)” and inserting “ subsection (b)”;
(D)
in paragraph (6)(B)—
(i)
in clause (i) by striking “ ; and” and inserting a semicolon;
(ii)
in clause (ii) by striking the period and inserting “ ; and”; and
(iii)
by adding at the end the following:

“(iii) a port’s increased resilience as a result of the project.”

(E)
in paragraph (7)—
(i)
in subparagraph (B)—
(I)
by striking “ subsection (d)” in each place it appears and inserting “ subsection (b)”; and
(II)
by striking “ 18 percent” and inserting “ 25 percent”;
(ii)
in subparagraph (C) by striking “ subsection (d)(3)(A)(ii)(III)” and inserting “ subsection (b)(3)(A)(ii)(III)”;
(F)
in paragraph (8)—
(i)
in subparagraph (A) by striking “ or subsection (d)” and inserting “ or subsection (b)”; and
(ii)
in subparagraph (B)—
(I)
in clause (i) by striking “ subsection (d)” and inserting “ subsection (b)”; and
(II)
in clause (ii) by striking “ subsection (d)” and inserting “ subsection (b)”;
(G)
in paragraph (9) by striking “ subsection (d)” and inserting “ subsection (b)”;
(H)
in paragraph (10)—
(i)
in subparagraph (A), by striking “ subsection (d)” and inserting “ subsection (b)”;
(ii)
by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and
(iii)
by inserting after subparagraph (A) the following new subparagraph (B):

“(B) Efficient use of non-federal funds.—

“(i) In general.—Notwithstanding any other provision of law ans subject to approval by the Secretary, in the case of any grant for a project under this section, during the period beginning on the date on which the grant recipient is selected and ending on the date on which the grant agreement is signed—

“(I) the grant recipient may obligate and expend non-Federal funds with respect to the project for which the grant is provided; and

“(II) any non-Federal funds obligated or expended in accordance with subclause (I) shall be credited toward the non-Federal cost share for the project for which the grant is provided.

“(ii) Requirements.—

“(I) Application.—In order to obligate and expend non-Federal funds under clause (i), the grant recipient shall submit to the Secretary a request to obligate and expend non- Federal funds under that clause, including—

“(aa) a description of the activities the grant recipient intends to fund;

“(bb) a justification for advancing the activities described in item (aa), including an assessment of the effects to the project scope, schedule, and budget if the request is not approved; and

“(cc) the level of risk of the activities described in item (aa).

“(II) Approval.—The Secretary shall approve or disapprove each request submitted under subclause (I).

“(III) Compliance with applicable requirements.—Any obligation or expenditure of non-Federal funds under clause (i) shall be in compliance with all applicable requirements, including any requirements included in the grant agreement.

“(iii) Effect.—The obligation or expenditure of any non-Federal funds in accordance with this subparagraph shall not—

“(I) affect the signing of a grant agreement or other applicable grant procedures with respect to the applicable grant;

“(II) create an obligation on the part of the Federal Government to repay any non-Federal funds if the grant agreement is not signed; or

“(III) affect the ability of the recipient of the grant to obligate or expend non-Federal funds to meet the non-Federal cost share for the project for which the grant is provided after the period described in clause (i).”

; and

(I)
in paragraph (12)—
(i)
by striking “ subsection (d)” and inserting “ subsection (b)”; and
(ii)
by adding at the end the following:

“(D) Resilience.—The term ‘resilience’ means the ability to anticipate, prepare for, adapt to, withstand, respond to, and recover from operational disruptions and sustain critical operations at ports, including disruptions caused by natural or manmade hazards, such as sea level rise, flooding, earthquakes, hurricanes, tsunami inundation or other extreme weather events.”

(2)
in subsection (b)—
(A)
in the subsection heading by striking “ Inland” and inserting “ Inland River”;
(B)
in paragraph (1) by striking “ subsection (c)(7)(B)” and inserting “ subsection (a)(7)(B)”;
(C)
in paragraph (3)(A)(ii)(III) by striking “ subsection (c)(3)(B)” and inserting “ subsection (a)(3)(B)”; and
(D)
in paragraph (5)(A) by striking “ subsection (c)(8)(B)” and inserting “ subsection (a)(8)(B)”; and
(3)
in subsection (c)—
(A)
by striking “ subsection (c) or subsection (d)” and inserting “ subsection (a) or subsection (b)”; and
(B)
by striking “ subsection (c)(2)” and inserting “ subsection (a)(2)”.
(c)
Grants for Emission Mitigation Measures.— For fiscal year 2022, the Secretary may make grants under section 54301(a) of title 46, United States Code, as redesignated by subsection (a)(2) and amended by subsection (b), to provide for emission mitigation measures that provide for the use of shore power for vessels to which sections 3507 and 3508 of such title apply, if such grants meet the other requirements set out in such section 54301(a).
(d)
Clerical Amendments.— The table of chapters for subtitle V of title 46, United States Code, as amended by this title, is further amended by inserting after the item relating to chapter 541 the following:

“543. Port Infrastructure Development Program 54301”.

SEC. 3514. Uses of Emerging Marine Technologies and Practices.

(1)
by redesignating subsection (e) as subsection (f); and
(2)
by inserting after subsection (d) the following new subsection (e):

“(e) Uses.—The results of activities conducted under subsection (b)(1) shall be used to inform—

“(1) the policy decisions of the United States related to domestic regulations; and

“(2) the position of the United States on matters before the International Maritime Organization.”

SEC. 3515. Prohibition on Participation of Long Term Charters in Tanker Security Fleet.

(a)
Definition of Long Term Charter.— Section 53401 of title 46, United States Code, is amended by adding at the end the following new paragraph:

“(8) Long term charter.—The term ‘long term charter’ means any time charter of a product tank vessel to the United States Government that, together with options, occurs for a continuous period of more than 180 days.”

(b)
Participation of Long Term Charters in Tanker Security Fleet.— Section 53404(b) of such title is amended—
(1)
by striking “ The program participant of a” and inserting “ Any”;
(2)
by inserting “ long term” before “ charter”;
(3)
by inserting “ not” before “ eligible”; and
(4)
by striking “ receive payments pursuant to any operating agreement that covers such vessel” and inserting “ participate in the Fleet”.

SEC. 3516. Coastwise Endorsement.

Notwithstanding section 12112 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with a coastwise endorsement for the vessel WIDGEON (United States official number 1299656).

SEC. 3517. Report on Efforts of Combatant Commands to Combat Threats Posed by Illegal, Unreported, and Unregulated Fishing.

(a)
Report Required.— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy, in consultation with the Director of the Office of Naval Research, the co-chairs of the collaborative interagency working group on maritime security and IUU fishing established under section 3551 of the Maritime Security and Fisheries Enforcement Act (16 U.S.C. 8031), and the heads of other relevant agencies, as determined by the Secretary, shall submit to the appropriate congressional committees a report on the combatant commands’ maritime domain awareness efforts to combat the threats posed by illegal, unreported, and unregulated fishing.
(b)
Contents of Report.— The report required by subsection (a) shall include a detailed summary of each of the following for each combatant command:
(1)
The activities undertaken to date to combat the threats posed by illegal, unreported, and unregulated fishing in the geographic area of the combatant command, including the steps taken to build partner capacity to combat such threats.
(2)
Coordination with the Armed Forces of the United States, partner nations, and public-private partnerships to combat such threats.
(3)
Efforts undertaken to support unclassified data integration, analysis, and delivery with regional partners to combat such threats.
(4)
Information sharing and coordination with efforts of the collaborative interagency working group on maritime security and IUU fishing established under section 3551 of the Maritime Security and Fisheries Enforcement Act (16 U.S.C. 8031).
(5)
Best practices and lessons learned from existing and previous efforts relating to such threats, including strategies for coordination and success in public-private partnerships.
(6)
Limitations related to affordability, resource constraints, or other gaps or factors that affect the success or expansion of efforts related to such threats.
(7)
Any new authorities needed to support efforts to combat such threats.
(c)
Form of Report.— The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(d)
Appropriate Congressional Committees.— In this section, the term “appropriate congressional committees” means—
(1)
the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
(2)
the Committee on Armed Services, the Committee on Natural Resources, the Committee on Transportation and Infrastructure, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.

SEC. 3518. Authorization to Purchase Duplicate Medals.

(a)
In General.— The Secretary of Transportation, acting through the Administrator of the Maritime Administration, may use funds appropriated for the fiscal year in which the date of the enactment of this Act occurs, or funds appropriated for any prior fiscal year, for the Maritime Administration to purchase duplicate medals authorized under the Merchant Mariners of World War II Congressional Gold Medal Act of 2020 (Public Law 116–125) and provide such medals to eligible individuals who engaged in qualified service who submit an application under subsection (b) and were United States merchant mariners of World War II.
(b)
Application.— To be eligible to receive a medal described in subsection (a), an eligible individual who engaged in qualified service shall submit to the Administrator an application containing such information and assurances as the Administrator may require.
(c)
Eligible Individual Who Engaged in Qualified Service.— In this section, the term “eligible individual who engaged in qualified service” means an individual who, between December 7, 1941, and December 31, 1946—
(1)
was a member of the United States merchant marine, including the Army Transport Service and the Navy Transport Service, serving as a crewmember of a vessel that was—
(A)
operated by the War Shipping Administration, the Office of Defense Transportation, or an agent of such departments;
(B)
operated in waters other than inland waters, the Great Lakes, and other lakes, bays, or harbors of the United States;
(C)
under contract or charter to, or property of, the Government of the United States; and
(D)
serving in the Armed Forces; and
(2)
while so serving, was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the person for such service.