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

118th Congress · Approved Dec 22, 2023 · 137 Stat. 136 · Lineage

DIVISION C Department of Energy National Security Authorizations and Other Authorizations

TITLE XXXI Department of Energy National Security Programs

Subtitle A National Security Programs and Authorizations

SEC. 3101. National Nuclear Security Administration.

(a)

Authorization of Appropriations.— Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2024 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 24–D–513, Z-Pinch Experimental Underground System Test Bed Facilities Improvement, Nevada National Security Site, Nye County, Nevada, $80,000,000. Project 24–D–512, TA–46 Protective Force Facility, Los Alamos National Laboratory, Los Alamos, New Mexico, $48,500,000. Project 24–D–511, Plutonium Production Building, Los Alamos National Laboratory, Los Alamos, New Mexico, $48,500,000. Project 24–D–510, Analytic Gas Laboratory, Pantex Plant, Panhandle, Texas, $35,000,000. Project 24–D–530, Naval Reactors Facility Medical Science Complex, Idaho Falls, Idaho, $36,584,000.

SEC. 3102. Defense Environmental Cleanup.

(a)

Authorization of Appropriations.— Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2024 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701.

(b)

Authorization of New Plant Project.— From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out, for defense environmental cleanup activities, the following new plant project: Project 24–D–401, Environmental Restoration Disposal Facility Super Cell 11 Expansion Project, Hanford Site, Richland, Washington, $1,000,000.

SEC. 3103. Other Defense Activities.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2024 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 2024 for nuclear energy as specified in the funding table in section 4701.

Subtitle B Program Authorizations, Restrictions, and Limitations

SEC. 3111. Transfer of Cybersecurity Responsibilities to Administrator for Nuclear Security.

The National Nuclear Security Administration Act (50 U.S.C. 2401 et seq.) is amended—

(1)

in section 3212(b) (50 U.S.C. 2402(b)), by adding at the end the following new paragraph:

“(20) Information resources management, including cybersecurity.”

; and

(2)

in section 3232(b)(3) (50 U.S.C. 2422(b)(3)), by striking “ and cyber”.

SEC. 3112. Redesignating Duties Related to Departmental Radiological and Nuclear Incident Responses.

(a)

Deputy Administrator for Defense Programs.— Section 3214(b) of the National Nuclear Security Administration Act (50 U.S.C. 2404 (b)) is amended by striking paragraph (3).

(b)

Administrator for Nuclear Security.— Section 3212(b)(7) of the National Nuclear Security Administration Act (50 U.S.C. 2402(b)(7)) is amended by inserting “ and Nuclear Emergency Support Team capabilities, including all field-deployed and remote technical support to public health and safety missions, countering weapons of mass destruction operations, technical and operational nuclear forensics, and responses to United States nuclear weapon accidents” after “ management”.

SEC. 3113. Cybersecurity Risk Inventory, Assessment, and Mitigation Working Group.

Subtitle A of the National Nuclear Security Administration Act (50 U.S.C. 2401 et seq.) is amended by adding at the end the following new section:

“SEC. 3222. CYBERSECURITY RISK INVENTORY, ASSESSMENT, AND MITIGATION WORKING GROUP.

“(a) Establishment.—There is in the Administration a working group, to be known as the ‘Cybersecurity Risk Inventory, Assessment, and Mitigation Working Group’ (referred to in this section as the ‘working group’).

“(b) Membership.—Members of the working group shall include—

“(1) the Deputy Administrator for Defense Programs;

“(2) the Associate Administrator for Information Management and Chief Information Officer; and

“(3) such other personnel of the Administration as are determined appropriate for inclusion in the working group by the Chairperson.

“(c) Chairperson.—The Deputy Administrator for Defense Programs shall serve as the Chairperson of the working group, except that the Administrator may designate another member of the working group to serve as Chairperson in lieu of the Deputy Administrator if the Administrator determines it is appropriate to do so.

“(d) Comprehensive Strategy.—The working group shall prepare a comprehensive strategy for inventorying the range of systems of the Administration that are potentially at risk in the operational technology and nuclear weapons information technology environments, assessing the systems at risk based on mission impact, and implementing risk mitigation actions. Such strategy shall incorporate key elements of effective cybersecurity risk management strategies, as identified by the Government Accountability Office, including the specification of—

“(1) goals, objectives, activities, and performance measures;

“(2) organizational roles, responsibilities, and coordination;

“(3) resources needed to implement the strategy through 2034; and

“(4) detailed milestones and schedules for completion of tasks.

“(e) Submission to Congress.—

“(1) Interim briefing.—Not later than 120 days after the date of the enactment of this section, the working group shall provide to the congressional defense committees a briefing on the plan of the working group to develop the strategy required under subsection (d).

“(2) Completed strategy.—Not later than April 1, 2025, the working group shall submit the congressional defense committees a copy of the completed strategy.

“(f) Termination.—The working group shall terminate on a date determined by the Administrator that is not earlier than the date that is five years after the date of the enactment of this section.”

SEC. 3114. Modification of Authority to Establish Certain Contracting, Program Management, Scientific, Engineering, and Technical Positions.

Section 3241 of the National Nuclear Security Administration Act (50 U.S.C. 2441) is amended by striking “ 800” and inserting “ 1,200”.

SEC. 3115. Criminal Penalties for Interference with the Transport of Special Nuclear Materials, Nuclear Weapons Components, or Restricted Data.

Section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122) is amended—

(1)

by redesignating subsection b. as subsection c.;

(2)

by inserting after subsection a. the following new subsection:

“b. Whoever knowingly and willfully impedes the passage of a vehicle of a nuclear materials courier (as defined in section 8331 of title 5, United States Code) engaged in the transport of any atomic weapon, special nuclear material, atomic weapon component, or Restricted Data shall be subject to arrest and imposition of a criminal fine of not more than $1,000.”

(3)

in subsection c. (as so redesignated), by striking “ prohibited by subsection a.” and inserting “ prohibited by subsections a. or b.”; and

(4)

by adding at the end the following new subsection:

“d. The Attorney General shall have primary investigative authority for any violation of this section.”

SEC. 3116. Prohibition on Expansion of Advanced Recovery and Integrated Extraction System Pending Achievement of 30 Pit-Per-Year Base Capability.

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

(1)

redesignating subsection (f) as subsection (g); and

(2)

inserting after subsection (e) the following new subsection:

“(f) Prohibition on ARIES Expansion Before Achievement of 30 Pit-per-year Base Capability.—

“(1) In general.—Until the date on which the Administrator certifies to the congressional defense committees that the base capability to produce not less than 30 war reserve plutonium pits per year has been established at Los Alamos National Laboratory, the Administrator may not—

“(A) carry out a project to expand the pit disassembly and processing capability of the spaces at PF–4 occupied by ARIES as of the date of the enactment of this Act; or

“(B) otherwise expand such spaces.

“(2) Exceptions.—Paragraph (1) shall not apply with respect to—

“(A) ongoing or planned small projects to sustain or improve the efficiency of plutonium oxide production, provided that such projects do not expand the spaces at PF–4 occupied by ARIES as of the date of the enactment of this Act;

“(B) the planning and design of an additional ARIES capability at a location other than PF–4; or

“(C) the transfer of the ARIES capability to a location other than PF–4.

“(3) Definitions.—In this subsection:

“(A) The term ‘ARIES’ means the Advanced Recovery and Integrated Extraction System method, developed and piloted at Los Alamos National Laboratory, Los Alamos, New Mexico, for disassembling surplus defense plutonium pits and converting the plutonium from such pits into plutonium oxide.

“(B) The term ‘PF–4’ means the Plutonium Facility at Technical Area 55 located at Los Alamos National Laboratory, Los Alamos, New Mexico.”

SEC. 3117. Plutonium Modernization Program Management.

Section 4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a), as amended by section 3116, is further amended by adding at the end the following new subsection:

“(h) Not later than 570 days after the date of the enactment of this subsection, the Administrator for Nuclear Security shall ensure that the plutonium modernization program established by the Office of Defense Programs of the National Nuclear Security Administration, or any subsequently developed program designed to meet the requirements under subsection (a), is managed in accordance with the best practices for schedule development and cost estimating of the Government Accountability Office.”

SEC. 3118. Modification of Certain Requirements and Authorities Relating to the Removal or Security of Fissile Materials, Radiological Materials, and Related Equipment at Vulnerable Sites Worldwide.

(a)

Modification of Reporting Requirements.— Section 4306B of the Atomic Energy Defense Act (50 U.S.C. 2569) is amended—

(1)

by striking subsection (d); and

(2)

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

(b)

Extension of Authority to Accept Certain Contributions.— Subsection (e) of such section, as so redesignated by subsection (a)(2) of this section, is amended by striking paragraph (6).

(c)

Conforming Amendment.— Section 4309(c)(7) of the Atomic Energy Defense Act (50 U.S.C. 2575(c)(7)) is amended by striking “ section 3132(f) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (50 U.S.C. 2569(f))” and inserting “ with section 4306B(e)”.

SEC. 3119. Extension of Briefing and Reporting Requirements for Certain National Nuclear Security Administration Contracts.

Section 4807(f)(1) of the Atomic Energy Defense Act (50 U.S.C. 2787(f)(1)) is amended by striking “ 2022” and inserting “ 2032”.

SEC. 3120. Modification of Minor Construction Threshold for Plant Projects.

Section 4701(2) of the Atomic Energy Defense Act (50 U.S.C. 2741(2)) is amended—

(1)

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

(2)

in subparagraph (B), by striking “ During the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023 and ending on November 30, 2025, the” and inserting “ The”; and

(3)

by striking subparagraph (C).

SEC. 3121. Modifications Relating to Unfunded Priorities of the National Nuclear Security Administration.

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

(1)

in subsection (b)(1)—

(A)

in subparagraph (A), by inserting “ or the risk to be mitigated” after “ objectives to be achieved”; and

(B)

in subparagraph (B), by inserting “ or risk mitigation” after “ objectives”; and

(2)

in subsection (c)(2), by striking “ fulfill” and inserting “ address”.

SEC. 3122. Limitation on Establishing an Enduring Bioassurance Program Within the National Nuclear Security Administration.

(a)

In General.— Subtitle B of title XLVIII of the Atomic Energy Defense Act (50 U.S.C. 2791 et seq.) is amended by adding at the end the following new section:

“SEC. 4815. LIMITATION ON ESTABLISHING AN ENDURING BIOASSURANCE PROGRAM WITHIN THE ADMINISTRATION.

“(a) In General.—The Administrator may not establish, administer, manage, or facilitate a program within the Administration for the purposes of executing an enduring national security research and development effort to broaden the role of the Department of Energy in national biodefense.

“(b) Rule of Construction.—The limitation described in subsection (a) shall not be interpreted—

“(1) to prohibit the establishment of a bioassurance program for the purpose of executing enduring national security research and development in any component of the Department of Energy other than the Administration or in any other Federal agency; or

“(2) to impede the use of resources of the Administration, including resources provided by a national security laboratory or a nuclear weapons production facility site, to support the execution of a bioassurance program, if such support is provided—

“(A) on a cost-reimbursable basis to an entity that is not a component of the Department of Energy; and

“(B) in a manner that does not interfere with mission of such laboratory or facility.”

(b)

Clerical Amendment.— The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4814 the following new item:

“Sec. 4815. Limitation on establishing an enduring bioassurance program within the Administration.”.

SEC. 3123. Modification of Reporting Requirements for Uranium Capabilities Replacement Project.

Section 3123 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2177) is amended by striking subsection (g) and inserting the following new subsection:

“(g) Program Accountability Matrices and GAO Assessments.—

“(1) Requirement.—Concurrent with the submission of the budget of the President (as submitted to Congress pursuant to section 1105(a) of title 31, United States Code) for fiscal year 2025 and each fiscal year thereafter until the termination date specified in paragraph (4), the Administrator for Nuclear Security shall submit to the congressional defense committees and the Comptroller General of the United States the matrices described in paragraph (2) relating to the project referred to in subsection (a).

“(2) Matrices described.—The matrices described in this subsection are the following:

“(A) Technology maturity matrix.—A matrix that identifies key milestones, development events, and specific performance goals for the development of critical technologies relating to the project referred to in subsection (a).

“(B) Scope, cost, and schedule matrix.—A matrix that identifies—

“(i) causes of cost growth and schedule slippage, if any, for the project referred to in subsection (a), including challenges relating to construction, procurement, and supply chain issues;

“(ii) the impact of such cost and schedule problems on current and planned weapons modernization efforts; and

“(iii) the scope, cost, and schedule of activities funded by the uranium modernization program for the period of fiscal years 2024 through 2028 as set forth in the corresponding future-years nuclear security program submitted to Congress pursuant to section 2453 of title 10, United States Code.

“(3) GAO assessment.—Not later than 180 days after receiving the matrices described in paragraph (2), the Comptroller General of the United States shall—

“(A) assess the progress made on the project referred to in subsection (a); and

“(B) provide to the congressional defense committees a briefing on the results of that assessment.

“(4) Termination.—The requirements of this subsection shall terminate on the date that is one year after the date on which the project referred to in subsection (a) is completed.”

SEC. 3124. Prohibition on Availability of Funds for Naval Nuclear Fuel Systems Based on Low-Enriched Uranium.

None of the funds authorized to be appropriated by this Act or otherwise made available for the National Nuclear Security Administration may be obligated or expended to conduct research or development relating to an advanced naval nuclear fuel system based on low-enriched uranium.

SEC. 3125. 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 2024 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 under subsection (a) if the Administrator, in consultation with the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, certifies in writing to the congressional defense committees that—

(1)

Russia and China do not possess naval capabilities similar to the W76–2 warhead in the active stockpiles of the respective countries; and

(2)

the Department of Defense does not have a valid military requirement for the W76–2 warhead.

SEC. 3126. Limitation on Availability of Funds Pending Submittal of Spend Plan for Development of Sea-Launched Cruise Missile Warhead.

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for the Office of the Administrator for Nuclear Security, not more than 50 percent may be obligated or expended until the date on which the Administrator submits to the congressional defense committees the spend plan for the warhead associated with the sea-launched cruise missile required by section 1642(d) of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2946).

SEC. 3127. Deadlines for Commencement of Operations of Certain Atomic Energy Replacement Projects.

(a)

High Explosive Synthesis, Formulation, and Production Facility.—

(1)

Deadline for commencement of operations.— Project 21-D-510, the High Explosive Synthesis, Formulation, and Production facility, shall commence operations by not later than December 31, 2034.

(2)

Annual report.—

(A)

In general.— The Administrator for Nuclear Security shall submit to the congressional defense committees, not later than February 1 of each year until the termination date specified in subparagraph (B), a report that includes a comprehensive estimate of the funds necessary, by year, to achieve the deadline specified in paragraph (1).

(B)

Termination date.— The termination date specified in this subparagraph is the date on which the Administrator determines that the facility referred to in paragraph (1) has commenced operations.

(b)

Tritium Finishing Facility.—

(1)

Deadline for commencement of operations.— Project 18-D-650, the Tritium Finishing Facility, shall commence operations by not later than December 31, 2036.

(2)

Annual report.—

(A)

(B)

Termination date.— The termination date specified in this subparagraph is the date on which the Administrator determines that the facility referred to in paragraph (1) has commenced operations.

SEC. 3128. Integrated Schedule for Future-Years Nuclear Security Program.

(a)

In General.— The Administrator for Nuclear Security shall—

(1)

develop and maintain a high-level milestone schedule document for all covered construction projects that includes production infrastructure modernization schedules with weapons modernization programs; and

(2)

for each covered construction project included in the high-level milestone schedule document under paragraph (1), include in such document an identification and explanation of the status of any associated integrated master schedule.

(b)

Inclusion in Future-years Nuclear Security Program.— The milestone schedule document required under subsection (a) shall be included in the future-years nuclear security program for fiscal year 2025 and each subsequent fiscal year.

(c)

Covered Construction Project.— In this section, the term “covered construction project” means—

(1)

a construction project that is subject to Department of Energy Order 413.3B, or a successor order; or

(2)

a program designated as Enhanced Management A or B under the Program Execution Instruction of the Office of Defense Programs of the National Nuclear Security Administration.

Subtitle C Other Matters

SEC. 3131. U.s. Nuclear Fuel Security Initiative.

(a)

Short Title.— This section may be cited as the “Nuclear Fuel Security Act of 2023”.

(b)

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

(1)

the Department should—

(A)

support increased domestic production of low-enriched uranium; and

(B)

accelerate efforts to establish a domestic high-assay, low-enriched uranium enrichment capability; and

(2)

if domestic enrichment of high-assay, low-enriched uranium will not be commercially available at the scale needed in time to meet the needs of the advanced nuclear reactor demonstration projects of the Department, the Secretary shall consider and implement, as necessary—

(A)

all viable options to make high-assay, low-enriched uranium produced from inventories owned by the Department available in a manner that is sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers, without impacting existing Department missions, until such time that commercial enrichment and deconversion capability for high-assay, low-enriched uranium exists at a scale sufficient to meet future needs; and

(B)

all viable options for partnering with countries that are allies or partners of the United States to meet those needs and schedules until that time.

(c)

Objectives.— The objectives of this section are—

(1)

to support domestic production of low-enriched uranium;

(2)

to expeditiously increase domestic production of high-assay, low-enriched uranium by an annual quantity, and in such form, determined by the Secretary to be sufficient to meet the needs of—

(A)

advanced nuclear reactor developers; and

(B)

the consortium;

(3)

to ensure the availability of domestically produced, converted, enriched, deconverted, and reduced uranium in a quantity determined by the Secretary, in consultation with U.S. nuclear energy companies, to be sufficient to address a reasonably anticipated supply disruption;

(4)

to address gaps and deficiencies in the domestic production, conversion, enrichment, deconversion, and reduction of uranium by partnering with countries that are allies or partners of the United States if domestic options are not practicable;

(5)

to ensure that, in the event of a supply disruption in the nuclear fuel market, a reserve of nuclear fuels is available to serve as a backup supply to support the nuclear nonproliferation and civil nuclear energy objectives of the Department, including collaborative research and development activities with other Federal agencies;

(6)

to support enrichment, deconversion, and reduction technology deployed in the United States; and

(7)

to ensure that, until such time that domestic enrichment and deconversion of high-assay, low-enriched uranium is commercially available at the scale needed to meet the needs of advanced nuclear reactor developers, the Secretary considers and implements, as necessary—

(A)

(B)

all viable options for partnering with countries that are allies or partners of the United States to meet those needs and schedules.

(d)

Definitions.— In this section:

(1)

Advanced nuclear reactor.— The term “advanced nuclear reactor” has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).

(2)

Associated entity.— The term “associated entity” means an entity that—

(A)

is owned, controlled, or dominated by—

(i)

the government of a country that is an ally or partner of the United States; or

(ii)

an associated individual; or

(B)

is organized under the laws of, or otherwise subject to the jurisdiction of, a country that is an ally or partner of the United States, including a corporation that is incorporated in such a country.

(3)

Associated individual.— The term “associated individual” means an alien who is a national of a country that is an ally or partner of the United States.

(4)

Consortium.— The term “consortium” means the consortium established under section 2001(a)(2)(F) of the Energy Act of 2020 (42 U.S.C. 16281(a)(2)(F)).

(5)

Department.— The term “Department” means the Department of Energy.

(6)

High-assay, low-enriched uranium; haleu.— The term “high-assay, low-enriched uranium” or “HALEU” means high-assay low-enriched uranium (as defined in section 2001(d) of the Energy Act of 2020 (42 U.S.C. 16281(d))).

(7)

Low-enriched uranium; leu.— The term “low-enriched uranium” or “LEU” means each of—

(A)

low-enriched uranium (as defined in section 3102 of the USEC Privatization Act (42 U.S.C. 2297h)); and

(B)

low-enriched uranium (as defined in section 3112A(a) of that Act (42 U.S.C. 2297h–10a(a))).

(8)

Programs.— The term “Programs” means—

(A)

the Nuclear Fuel Security Program established under subsection (e)(1);

(B)

the American Assured Fuel Supply Program of the Department; and

(C)

the HALEU for Advanced Nuclear Reactor Demonstration Projects Program established under subsection (e)(3).

(9)

Secretary.— The term “Secretary” means the Secretary of Energy.

(10)

U.S. nuclear energy company.— The term “U.S. nuclear energy company” means a company that—

(A)

is organized under the laws of, or otherwise subject to the jurisdiction of, the United States; and

(B)

is involved in the nuclear energy industry.

(e)

Establishment and Expansion of Programs.— The Secretary, consistent with the objectives described in subsection (c), shall—

(1)

establish a program, to be known as the “Nuclear Fuel Security Program”, to increase the quantity of HALEU and, if determined to be necessary after completion of a market evaluation, LEU produced by U.S. nuclear energy companies;

(2)

expand the American Assured Fuel Supply Program of the Department to ensure the availability of domestically produced, converted, enriched, deconverted, and reduced uranium in the event of a supply disruption; and

(3)

establish a program, to be known as the “HALEU for Advanced Nuclear Reactor Demonstration Projects Program”—

(A)

to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers until such time that commercial enrichment and deconversion capability for HALEU exists in the United States at a scale sufficient to meet future needs; and

(B)

where practicable, to partner with countries that are allies or partners of the United States to meet those needs and schedules until that time.

(f)

Nuclear Fuel Security Program.—

(1)

In general.— In carrying out the Nuclear Fuel Security Program, the Secretary—

(A)

shall—

(i)

if determined to be necessary or appropriate based on the completion of a market evaluation, not later than 90 days after the date of enactment of this Act, take actions, including cost-shared financial agreements, milestone-based payments, or other mechanisms, to support commercial availability of LEU and to promote diversity of supply in domestic uranium mining, conversion, enrichment, and deconversion capacity and technologies, including new capacity, among U.S. nuclear energy companies;

(ii)

not later than 180 days after the date of enactment of this Act, enter into 2 or more contracts with members of the consortium to begin acquiring not less than 20 metric tons per year of HALEU by December 31, 2027 (or the earliest operationally feasible date thereafter), from U.S. nuclear energy companies;

(iii)

utilize only uranium produced, converted, enriched, deconverted, and reduced in—

(I)

the United States; or

(II)

if domestic options are not practicable, a country that is an ally or partner of the United States; and

(iv)

to the maximum extent practicable, ensure that the use of domestic uranium utilized as a result of that program does not negatively affect the economic operation of nuclear reactors in the United States; and

(B)

(i)

may not make commitments under this subsection (including cooperative agreements (used in accordance with section 6305 of title 31, United States Code), purchase agreements, guarantees, leases, service contracts, or any other type of commitment) for the purchase or other acquisition of HALEU or LEU unless—

(I)

funds are specifically provided for those purposes in advance in appropriations Acts enacted after the date of enactment of this Act; or

(II)

the commitment is funded entirely by funds made available to the Secretary from the account described in subsection (j)(2)(B); and

(ii)

may make a commitment described in clause (i) only—

(I)

if the full extent of the anticipated costs stemming from the commitment is recorded as an obligation at the time that the commitment is made; and

(II)

to the extent of that up-front obligation recorded in full at that time.

(2)

Considerations.— In carrying out paragraph (1)(A)(ii), the Secretary shall consider and, if appropriate, implement—

(A)

options to ensure the quickest availability of commercially enriched HALEU, including—

(i)

partnerships between 2 or more commercial enrichers; and

(ii)

utilization of up to 10-percent enriched uranium as feedstock in demonstration-scale or commercial HALEU enrichment facilities;

(B)

options to partner with countries that are allies or partners of the United States to provide LEU and HALEU for commercial purposes;

(C)

options that provide for an array of HALEU—

(i)

enrichment levels;

(ii)

output levels to meet demand; and

(iii)

fuel forms, including uranium metal and oxide; and

(D)

options—

(i)

to replenish, as necessary, Department stockpiles of uranium that were intended to be downblended for other purposes, but were instead used in carrying out activities under the HALEU for Advanced Nuclear Reactor Demonstration Projects Program;

(ii)

to continue supplying HALEU to meet the needs of the recipients of an award made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations; and

(iii)

to make HALEU available to other advanced nuclear reactor developers and other end-users.

(3)

Avoidance of market disruptions.— In carrying out the Nuclear Fuel Security Program, the Secretary, to the extent practicable and consistent with the purposes of that program, shall not disrupt or replace market mechanisms by competing with U.S. nuclear energy companies.

(g)

Expansion of the American Assured Fuel Supply Program.— The Secretary, in consultation with U.S. nuclear energy companies, shall—

(1)

expand the American Assured Fuel Supply Program of the Department by merging the operations of the Uranium Reserve Program of the Department with the American Assured Fuel Supply Program; and

(2)

in carrying out the American Assured Fuel Supply Program of the Department, as expanded under paragraph (1)—

(A)

maintain, replenish, diversify, or increase the quantity of uranium made available by that program in a manner determined by the Secretary to be consistent with the purposes of that program and the objectives described in subsection (c);

(B)

utilize only uranium produced, converted, enriched, deconverted, and reduced in—

(i)

the United States; or

(ii)

if domestic options are not practicable, a country that is an ally or partner of the United States;

(C)

make uranium available from the American Assured Fuel Supply, subject to terms and conditions determined by the Secretary to be reasonable and appropriate;

(D)

refill and expand the supply of uranium in the American Assured Fuel Supply, including by maintaining a limited reserve of uranium to address a potential event in which a domestic or foreign recipient of uranium experiences a supply disruption for which uranium cannot be obtained through normal market mechanisms or under normal market conditions; and

(E)

take other actions that the Secretary determines to be necessary or appropriate to address the purposes of that program and the objectives described in subsection (c).

(h)

HALEU for Advanced Nuclear Reactor Demonstration Projects Program.—

(1)

Activities.— On enactment of this Act, the Secretary shall immediately accelerate and, as necessary, initiate activities to make available from inventories or stockpiles owned by the Department and made available to the consortium, HALEU for use in advanced nuclear reactors that cannot operate on uranium with lower enrichment levels or on alternate fuels, with priority given to the awards made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations, with additional HALEU to be made available to other advanced nuclear reactor developers, as the Secretary determines to be appropriate.

(2)

Quantity.— In carrying out activities under this subsection, the Secretary shall consider and implement, as necessary, all viable options to make HALEU available in quantities and forms sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers, including by seeking to make available—

(A)

by September 30, 2024, not less than 3 metric tons of HALEU;

(B)

by December 31, 2025, not less than an additional 8 metric tons of HALEU; and

(C)

by June 30, 2026, not less than an additional 10 metric tons of HALEU.

(3)

Factors for consideration.— In carrying out activities under this subsection, the Secretary shall take into consideration—

(A)

options for providing HALEU from a stockpile of uranium owned by the Department, including—

(i)

uranium that has been declared excess to national security needs during or prior to fiscal year 2023;

(ii)

uranium that—

(I)

directly meets the needs of advanced nuclear reactor developers; but

(II)

has been previously used or fabricated for another purpose;

(iii)

uranium that can meet the needs of advanced nuclear reactor developers after removing radioactive or other contaminants that resulted from previous use or fabrication of the fuel for research, development, demonstration, or deployment activities of the Department, including activities that reduce the environmental liability of the Department by accelerating the processing of uranium from stockpiles designated as waste;

(iv)

uranium from a high-enriched uranium stockpile (excluding stockpiles intended for national security needs), which can be blended with lower assay uranium to become HALEU to meet the needs of advanced nuclear reactor developers; and

(v)

uranium from stockpiles intended for other purposes (excluding stockpiles intended for national security needs), but for which uranium could be swapped or replaced in time in such a manner that would not negatively impact the missions of the Department;

(B)

options for expanding, or establishing new, capabilities or infrastructure to support the processing of uranium from Department inventories;

(C)

options for accelerating the availability of HALEU from HALEU enrichment demonstration projects of the Department;

(D)

options for providing HALEU from domestically enriched HALEU procured by the Department through a competitive process pursuant to the Nuclear Fuel Security Program established under subsection (e)(1);

(E)

options to replenish, as needed, Department stockpiles of uranium made available pursuant to subparagraph (A) with domestically enriched HALEU procured by the Department through a competitive process pursuant to the Nuclear Fuel Security Program established under subsection (e)(1); and

(F)

options that combine 1 or more of the approaches described in subparagraphs (A) through (E) to meet the deadlines described in paragraph (2).

(4)

Limitations.—

(A)

Certain services.— The Secretary shall not barter or otherwise sell or transfer uranium in any form in exchange for services relating to—

(i)

the final disposition of radioactive waste from uranium that is the subject of a contract for sale, resale, transfer, or lease under this subsection; or

(ii)

environmental cleanup activities.

(B)

Certain commitments.— In carrying out activities under this subsection, the Secretary—

(i)

(I)

funds are specifically provided for those purposes in advance in appropriations Acts enacted after the date of enactment of this Act; or

(II)

the commitment is funded entirely by funds made available to the Secretary from the account described in subsection (j)(2)(B); and

(ii)

may make a commitment described in clause (i) only—

(I)

if the full extent of the anticipated costs stemming from the commitment is recorded as an obligation at the time that the commitment is made; and

(II)

to the extent of that up-front obligation recorded in full at that time.

(5)

Sunset.— The authority of the Secretary to carry out activities under this subsection shall terminate on the earlier of—

(A)

the date on which the Secretary notifies Congress that the HALEU needs of advanced nuclear reactor developers can be fully met by commercial HALEU suppliers in the United States, as determined by the Secretary, in consultation with U.S. nuclear energy companies; and

(B)

September 30, 2034.

(i)

Domestic Sourcing Considerations.—

(1)

In general.— Except as provided in paragraph (2), the Secretary may only carry out an activity in connection with 1 or more of the Programs if—

(A)

the activity promotes manufacturing in the United States associated with uranium supply chains; or

(B)

the activity relies on resources, materials, or equipment developed or produced—

(i)

in the United States; or

(ii)

in a country that is an ally or partner of the United States by—

(I)

the government of that country;

(II)

an associated entity; or

(III)

a U.S. nuclear energy company.

(2)

Waiver.— The Secretary may waive the requirements of paragraph (1) with respect to an activity if the Secretary determines a waiver to be necessary to achieve 1 or more of the objectives described in subsection (c).

(j)

Reasonable Compensation.—

(1)

In general.— In carrying out activities under this section, the Secretary shall ensure that any LEU and HALEU made available by the Secretary under 1 or more of the Programs is subject to reasonable compensation, taking into account the fair market value of the LEU or HALEU and the purposes of this section.

(2)

Availability of certain funds.—

(A)

In general.— Notwithstanding section 3302(b) of title 31, United States Code, revenues received by the Secretary from the sale or transfer of fuel feed material acquired by the Secretary pursuant to a contract entered into under clause (i) or (ii) of subsection (f)(1)(A) shall—

(i)

be deposited in the account described in subparagraph (B);

(ii)

be available to the Secretary for carrying out the purposes of this section, to reduce the need for further appropriations for those purposes; and

(iii)

remain available until expended.

(B)

Revolving fund.— There is established in the Treasury an account into which the revenues described in subparagraph (A) shall be—

(i)

deposited in accordance with clause (i) of that subparagraph; and

(ii)

made available in accordance with clauses (ii) and (iii) of that subparagraph.

(k)

Nuclear Regulatory Commission.— The Nuclear Regulatory Commission shall prioritize and expedite consideration of any action related to the Programs to the extent permitted under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and related statutes.

(l)

USEC Privatization Act.— The requirements of section 3112(d)(2) of the USEC Privatization Act (42 U.S.C. 2297h–10(d)(2)) shall not apply to activities related to the Programs.

(m)

National Security Needs.— The Secretary shall only make available to a member of the consortium under this section for commercial use or use in a demonstration project material that the President has determined is not necessary for national security needs during or prior to fiscal year 2023, subject to the condition that the material made available shall not include any material that the Secretary determines to be necessary for the National Nuclear Security Administration or any critical mission of the Department.

(n)

International Agreements.— This section shall be applied in a manner consistent with the obligations of the United States under international agreements.

(o)

Report on Civil Nuclear Credit Program.— Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that identifies the anticipated funding requirements for the civil nuclear credit program described in section 40323 of the Infrastructure Investment and Jobs Act (42 U.S.C. 18753), taking into account—

(1)

the zero-emission nuclear power production credit authorized by section 45U of the Internal Revenue Code of 1986; and

(2)

any increased fuel costs associated with the use of domestic fuel that may arise from the implementation of that program.

(p)

Supply Chain Infrastructure and Workforce Capacity Building.—

(1)

Supply chain infrastructure.— Section 10781(b)(1) of Public Law 117–167 (commonly known as the “CHIPS and Science Act of 2022”) (42 U.S.C. 19351(b)(1)) is amended by striking “ and demonstration of advanced nuclear reactors” and inserting “ demonstration, and deployment of advanced nuclear reactors and associated supply chain infrastructure”.

(2)

Workforce capacity building.— Section 954(b) of the Energy Policy Act of 2005 (42 U.S.C. 16274(b)) is amended—

(A)

in the subsection heading, by striking “ Graduate”;

(B)

by striking “ graduate” each place it appears;

(C)

in paragraph (2)(A), by inserting “ community colleges, trade schools, registered apprenticeship programs, pre-apprenticeship programs,” after “ universities,”;

(D)

in paragraph (3), by striking “ 2021 through 2025” and inserting “ 2023 through 2027”;

(E)

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

(F)

by inserting after paragraph (2) the following:

“(A) Focus areas.—In carrying out the subprogram under this subsection, the Secretary may implement traineeships in focus areas that, in the determination of the Secretary, are necessary to support the nuclear energy sector in the United States, including—

“(i) research and development;

“(ii) construction and operation;

“(iii) associated supply chains; and

“(iv) workforce training and retraining to support transitioning workforces.”

SEC. 3132. Updated Financial Integration Policy.

Not later than 180 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall issue an updated financial integration policy, which shall include the following:

(1)

Updated responsibilities for offices of the National Nuclear Security Administration and requirements for management and operating contractors, including contractors at sites that are not sites of the Administration.

(2)

Guidance for how offices of the Administration should use common financial data, including guidance requiring that such data be used as the primary source of financial data by program offices, to the extent practicable.

(3)

Processes recommended by the Government Accountability Office to improve financial integration efforts of the Administration, including an internal process to verify how management and operating contractors crosswalk data from their systems to the appropriate work breakdown structure of the Administration and apply common cost element definitions.

(4)

Any other matters the Administrator considers appropriate.

SEC. 3133. Plan for Domestic Enrichment Capability to Satisfy Department of Defense Uranium Requirements.

(a)

Report.— Not later than 120 days after the date of the enactment of this Act, the Administrator of the National Nuclear Security Administration shall submit to the congressional defense committees a report that contains a plan to establish a domestic enrichment capability sufficient to meet defense requirements for enriched uranium. Such plan shall include—

(1)

a description of defense requirements for enriched uranium expected to be necessary between the date of the enactment of this Act and 2060 to meet the requirements of the Department of Defense, including quantities, material assay, and the dates by which new enrichment is required;

(2)

key milestones, steps, and policy decisions required to achieve the domestic uranium enrichment capability;

(3)

the dates by which such key milestones are to be achieved;

(4)

a funding profile, broken down by project and sub-project, for obtaining such capability;

(5)

a description of any changes in the requirement of the Department of Defense for highly enriched uranium due to AUKUS; and

(6)

any other elements or information the Administrator determines appropriate.

(b)

Annual Certification Requirement.—

(1)

In general.— Not later than February 1 of each year after the year during which the report required by subsection (a) is submitted until the date specified in paragraph (2), the Administrator shall submit to the congressional defense committees a certification that—

(A)

the Administration is in compliance with the plan and milestones contained in the report; or

(B)

the Administration is not in compliance with such plan or milestones, together with—

(i)

a description of the nature of the non-compliance;

(ii)

the reasons for the non-compliance; and

(iii)

a plan to achieve compliance.

(2)

Termination date.— No report shall be required under paragraph (1) after the date on which the Administrator certifies to the congressional defense committees that the final key milestone under the plan has been met.

(c)

Form of Reports.— The report under subsection (a) and each annual certification under subsection (b) shall be submitted in unclassified form, but may include a classified annex.

SEC. 3134. Briefings on Implementation of Enhanced Mission Delivery Initiative.

(a)

Briefings Required.— Concurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31, United States Code, for each of fiscal years 2025 through 2029, the Administrator for Nuclear Security, acting through the Director for Cost Estimating and Program Evaluation, shall provide to the congressional defense committees a briefing on the status of the implementation of the 18 principal recommendations and associated subelements of such recommendations set forth in the report titled “Evolving the Nuclear Security Enterprise: A Report of the Enhanced Mission Delivery Initiative”, published by the National Nuclear Security Administration in September 2022.

(b)

Elements.— Each briefing required by subsection (a) shall address—

(1)

the status of the implementation of each recommendation described in subsection (a);

(2)

with respect to each recommendation that has been implemented, whether the outcome of such implementation is achieving the desired result;

(3)

with respect to each recommendation that has not been implemented, the reason for not implementing such recommendation;

(4)

whether additional legislation is required in order to implement a recommendation; and

(5)

such other matters as the Administrator considers necessary.

TITLE XXXII Defense Nuclear Facilities Safety Board

SEC. 3201. Authorization.

There are authorized to be appropriated for fiscal year 2024, $47,230,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).

TITLE XXXIV Naval Petroleum Reserves

SEC. 3401. Authorization of Appropriations.

(a)

Amount.— There are hereby authorized to be appropriated to the Secretary of Energy $13,010,000 for fiscal year 2024 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 Administration

Subtitle A Maritime Administration

SEC. 3501. Authorization of Appropriations for Maritime Administration.

(a)

In General.— There are authorized to be appropriated to the Department of Transportation for fiscal year 2024, for programs associated with maintaining the United States Merchant Marine, the following amounts:

(1)

For expenses necessary to support the United States Merchant Marine Academy, $198,500,000, of which—

(A)

$103,500,000 shall be for Academy operations;

(B)

$70,000,000 shall be for United States Merchant Marine Academy capital improvement projects;

(C)

$22,000,000 shall be for facilities maintenance and repair and equipment; and

(D)

$3,000,000 shall be for training, staffing, retention, recruiting, and contract management for United States Merchant Marine Academy capital improvement projects.

(2)

For expenses necessary to support the State maritime academies, $66,580,000, of which—

(A)

$4,480,000 shall be for the Student Incentive Payment Program;

(B)

$6,000,000 shall be for direct payments for State maritime academies;

(C)

$17,600,000 shall be for training ship fuel assistance;

(D)

$8,000,000 shall be for offsetting the costs of training ship sharing; and

(E)

$30,500,000 shall be for maintenance and repair of State maritime academy training vessels.

(3)

For expenses necessary to support the National Security Multi-Mission Vessel program, including funds for construction and necessary expenses to construct shoreside infrastructure to support such vessels, $75,000,000.

(4)

For expenses necessary to support Maritime Administration operations and programs, $105,573,000, of which—

(A)

$15,000,000 shall be for the maritime environmental and technical assistance under section 50307 of title 46, United States Code;

(B)

$15,000,000 shall be for the United States marine highways program, including to make grants authorized under section 55601 of title 46, United States Code;

(C)

$74,773,000 shall be for headquarters operations expenses; and

(D)

$800,000 shall be for expenses necessary to provide for National Defense Reserve Fleet resiliency.

(5)

For expenses necessary for the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $6,021,000.

(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, $43,020,000, of which—

(A)

$40,000,000 may be for the cost (as such term is 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)

$3,020,000 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 authorized under section 54101 of title 46, United States Code, $30,000,000.

(9)

For expenses necessary to implement the port infrastructure development program, as authorized under section 54301 of title 46, United States Code, $500,000,000, to remain available until expended, except that no such funds authorized under this title for this program 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 of Transportation determines such equipment would result in a net loss of jobs within a port or port terminal. If such a determination is made, the data and analysis for such determination shall be reported to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives not later than 3 days after the date of the determination.

(10)

For expenses necessary to implement the development of a national maritime strategy, as required by section 3542 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 3094), $2,000,000, to remain available until expended.

(11)

For expenses necessary for the design of a vessel for the National Defense Reserve Fleet, as required by section 3546 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 46 U.S.C. 57100 note), $6,000,000, to remain available until expended.

(b)

Student Incentive Payment Agreements.— Section 51509(b) of title 46, United States Code, is amended—

(1)

in paragraph (1), by striking “ $8,000” and inserting “ $16,000”; and

(2)

in paragraph (2), by striking “ $32,000” and inserting “ $64,000”.

Subtitle B Maritime Infrastructure

SEC. 3511. Port Infrastructure Development Program Eligible Projects.

Section 54301(a)(3)(A)(ii) of title 46, United States Code, is amended—

(1)

in subclause (III), by striking “ or” at the end;

(2)

in subclause (IV)(ii), by striking the period and inserting “ ; or”; and

(3)

by adding at the end the following new subclause:

“(V) port and port-related infrastructure that supports seafood and seafood-related businesses, including the loading and unloading of commercially harvested fish and fish products, seafood processing, cold storage, and other related infrastructure.”

SEC. 3512. Assistance for Small Inland River and Coastal Ports and Terminals.

(a)

In General.— Section 54301(b) of title 46, United States Code, is amended—

(1)

in paragraph (1), by striking “ the findings of which are acceptable to the Secretary”;

(2)

by redesignating paragraphs (2) through (5) as paragraphs (4) through (7), respectively; and

(3)

by inserting after paragraph (1) the following new paragraph (2):

“(2) Independent audit.—

“(A) In general.—If an eligible applicant provides data by an independent audit for purposes of paragraph (1), the Secretary shall use such data to make a tonnage determination if the Secretary determines that it is acceptable to use such data instead of using Corps of Engineers data.

“(B) Acceptable use of data.—For purposes of subparagraph (A), an acceptable use of data means that the Secretary has determined such data is a reasonable substitute for Army Corps data.

“(C) Justification.—If the Secretary makes a determination pursuant to subparagraph (A) that it is not acceptable to use independent audit data provided by an eligible applicant, the Secretary shall provide the eligible applicant with notification of, and justification for, such determination.

“(3) Tonnage determination.—In making a determination of the average annual tonnage of cargo using Corps of Engineers data for purposes of evaluating an application of an eligible applicant pursuant to paragraph (1), the Secretary shall use data that is specific to the eligible applicant.”

(b)

Conforming Amendment.— Section 54301(a)(7)(C)(ii) of title 46, United States Code, is amended by striking “ subsection (b)(3)(A)(ii)(III)” and inserting “ subsection (b)(5)(A)(ii)(III)”.

SEC. 3513. Port Infrastructure Development Program: Eligibility of Shore Power Projects; Selection Criteria.

(a)

Eligibility of Shore Power Projects.—

(1)

In general.— In making port infrastructure development grants under section 54301 of title 46, United States Code, for fiscal year 2024, the Secretary of Transportation shall treat a project described in paragraph (2) as—

(A)

having met the requirements of paragraphs (1) and (6)(A)(i) of section 54301(a) of such title; and

(B)

being an eligible project under section 54301(a)(3) of such title.

(2)

Project described.— A project described in this paragraph is a project to provide shore power at a port that services both of the following:

(A)

Passenger vessels described in section 3507(k) of title 46, United States Code.

(B)

Vessels that move goods or freight.

(b)

Selection Criteria.— Section 54301(a)(6) of title 46, United States Code, is amended—

(1)

in subparagraph (A)(ii), by inserting “ (except in the case of a project described under subparagraph (C))” after “ effective”;

(2)

in subparagraph (B)(ii), by inserting “ (except in the case of a project described under subparagraph (C))” after “ as applicable”; and

(3)

by adding at the end, the following:

“(C) Noncontiguous states and territories.—The requirements under subparagraphs (A)(ii) and (B)(ii) shall not apply in the case of a project described in paragraph (3) in a noncontiguous State or territory.”

SEC. 3514. Codification of Existing Language; Technical Amendments.

(a)

Port Infrastructure Development Program.—

(1)

Strategic seaports.—

(A)

In general.— Section 3505(a)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 46 U.S.C. 50302 note) is—

(i)

transferred to appear after section 54301(a)(6)(B) of title 46, United States Code;

(ii)

redesignated as subparagraph (C); and

(iii)

amended by striking “ Under the port infrastructure development grant program established under section 50302(c) of title 46, United States Code” and inserting “ In selecting projects described in paragraph (3)”.

(B)

Strategic seaport defined.— Section 3505(a)(2) of such Act is transferred to appear after section 54301(a)(12)(D) of title 46, United States Code, and redesignated as subparagraph (E).

(C)

Repeal.— Section 3505(a) of such Act is repealed.

(2)

Determination of effectiveness.— Section 54301(b)(5)(B) of title 46, United States Code, is amended by striking “ subsection (c)(6)(A)” and inserting “ subsection (a)(6)(A)”.

(b)

Transfer of Improvements to Process for Waiving Navigation and Inspection Laws.— Section 3502(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 is—

(1)

amended—

(A)

by striking “ For fiscal year 2020 and each subsequent fiscal year, the” and inserting “ The”; and

(B)

by striking “ section 56101 of title 46, United States Code,” and inserting “ this section”;

(2)

transferred to appear after section 56101(e) of title 46, United States Code; and

(3)

redesignated as subsection (f).

(c)

Chapter Analysis.— The analysis for chapter 503 of title 46, United States Code, is amended in the item relating to section 50308 by striking “ Port development; maritime transportation system emergency relief program” and inserting “ Maritime transportation system emergency relief program”.

(d)

Vessel Operations Revolving Fund.— Section 50301(b) of title 46, United States Code, is amended by striking “ (50 App. U.S.C. 1291(a), (c), 1293(c), 1294)” and inserting “ (50 U.S.C. 4701(a), (c), 4703(c), 4704)”.

(e)

Maritime Transportation System Emergency Relief Program.— Section 50308 of title 46, United States Code, is amended—

(1)

in subsection (a)(2)(B), by striking “ Federal Emergency Management Administration” and inserting “ Federal Emergency Management Agency”; and

(2)

in subsection (j)(4)(A), by striking “ Federal Emergency Management Administration” and inserting “ Federal Emergency Management Agency”.

(f)

Marine Highways.— The analysis for subtitle V of title 46, United States Code, is amended in the item relating to chapter 556 by striking “ SHORT SEA TRANSPORTATION” and inserting “ MARINE HIGHWAYS”.

(g)

Chapter 537.— The analysis for chapter 537 of title 46, United States Code, is amended by striking the item relating to section 53703 and inserting the following:

“53703. Application and administration.”.

(h)

Chapter 541.— The analysis for chapter 541 of title 46, United States Code, is amended to read as follows:

“Chapter 541— MISCELLANEOUS

“Sec.

“54101. Assistance for small shipyards.”.

(i)

Techical Amendment.— Section 11328(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended by striking “ Maritime” and inserting “ Marine”.

(j)

National Defense Reserve Fleet Obsolete Vessel.—

(1)

Definition of obsolete vessels.— Chapter 571 of title 46, United States Code, is amended—

(A)

by redesignating section 57111 as section 57110; and

(B)

by adding at the end the following:

“§ 57111. Definition of obsolete vessel

“In this chapter, the term ‘obsolete vessel’ means a vessel that—

“(1) is or will be in the custody and control of the Maritime Administration for purposes of disposing of the vessel; and

“(2) has been determined by the Secretary of Transportation to be of insufficient value, with respect to the programs of the Maritime Administration, to warrant—

“(A) preserving for future use or spare parts harvesting; or

“(B) retaining in the National Defense Reserve Fleet.”

(2)

National defense reserve fleet vessel status.— Section 57100(g) of title 46, United States Code, is amended by striking “ of insufficient value to remain in the National Defense Reserve Fleet” and inserting “ an obsolete vessel”.

(3)

Placement of vessels in national defense reserve fleet.— Section 57101(b) of title 46, United States Code, is amended by inserting “ , or section 308704 of title 54” before the period at the end.

(4)

Disposition of vessels.— Section 57102 of title 46, United States Code, is amended—

(A)

in the heading, by striking “ not worth preserving”;

(B)

in subsection (a), by striking “ owned by the Maritime Administration” and all that follows through the period at the end and inserting “ is an obsolete vessel, the Secretary may dispose of such vessel (by sale or by purchase of disposal services).”; and

(C)

in subsection (b), by striking “ on the basis of competitive sealed bids, after an appraisal and due advertisement” and inserting “ on a best value basis”.

(5)

Donation of vessels in the national defense reserve fleet.— Section 57103 of title 46, United States Code, is amended—

(A)

in the heading, by striking “ nonretention”; and

(B)

in subsection (a), by striking “ of insufficient value to warrant its further preservation”.

(6)

Technical and conforming amendments.— The analysis for chapter 571 of title 46, United States Code, is amended—

(A)

by striking the item relating to section 57102 and inserting the following:

“Disposition of vessels.”;

(B)

by striking the item relating to section 57103 and inserting the following:

“Donation of vessels in the National Defense Reserve Fleet.”;

(C)

by redesignating the item relating to section 57111 as the item relating to section 57110; and

(D)

by adding at the end the following:

“57111. Definition of obsolete vessel.”.

(k)

Deepwater Ports.—

(1)

Declaration of policy.— Section 2 of the Deepwater Port Act of 1974 (33 U.S.C. 1501) is amended—

(A)

in subsection (a)—

(i)

in the matter preceding paragraph (1), by striking “ (a) It” and all that follows through “ to—” and inserting the following:

“(a) Purposes.—The purposes of this Act are—”

(ii)

in each of paragraphs (1) through (6)—

(I)

by inserting “ to” after the paragraph designation; and

(II)

by indenting the paragraphs appropriately;

(iii)

in paragraph (2), by striking “ such ports” and inserting “ deepwater ports”;

(iv)

in paragraph (5)—

(I)

by striking “ continental shelf” and inserting “ Continental Shelf”; and

(II)

by striking “ attendant thereto” and inserting “ associated with that traffic”; and

(v)

in paragraph (6), by striking “ continental shelf” each place it appears and inserting “ Continental Shelf”; and

(B)

in subsection (b), by striking the subsection designation and all that follows through “ to affect” and inserting the following:

“(b) Effect of Act.—Nothing in this Act affects”

(2)

Definitions.— Section 3 of the Deepwater Port Act of 1974 (33 U.S.C. 1502) is amended—

(A)

by striking the section designation and heading and all that follows through “ the term—” in the matter preceding paragraph (1) and inserting the following:

“SEC. 3. DEFINITIONS.

“In this Act:”

(B)

in each of paragraphs (1) through (17)—

(i)

by inserting “ The term” after the paragraph designation;

(ii)

by inserting a paragraph heading, the text of which comprises the term defined in that paragraph; and

(iii)

by striking the semicolon at the end of the paragraph and inserting a period;

(C)

in paragraph (2), by striking “ section 5(c)(2)(A) or (B)” and inserting “ subparagraph (A) or (B) of section 5(c)(2)”;

(D)

in each of paragraphs (18) and (19)—

(i)

by inserting “ The term” after the paragraph designation; and

(ii)

by inserting a paragraph heading, the text of which comprises the term defined in that paragraph; and

(E)

in paragraph (18), by striking “ ; and” at the end and inserting a period.

(3)

Licenses for ownership, construction, and operation of deepwater ports.— Section 4 of the Deepwater Port Act of 1974 (33 U.S.C. 1503) is amended—

(A)

in subsection (c)—

(i)

in each of paragraphs (1) through (7), by striking “ he” after the paragraph designation and inserting “ the Secretary”;

(ii)

in paragraph (1), by adding a semicolon at the end; and

(iii)

in paragraph (8)—

(I)

by striking “ the adjacent” and inserting “ each adjacent”;

(II)

by striking “ of States, pursuant to section 9 of this Act,”;

(III)

by inserting “ the” before “ issuance”; and

(IV)

by inserting “ pursuant to section 9(b)(1), if applicable” before “ ; and”;

(B)

in subsection (e)—

(i)

in paragraph (1), in the second sentence—

(I)

by striking “ requirements of this title” and inserting “ requirements of this Act”;

(II)

by striking “ section 10(a) of this title” and inserting “ section 10(a)”; and

(III)

by striking the semicolon and inserting a comma;

(ii)

in paragraph (2)(B), by striking “ he will comply” and inserting “ the licensee or transferee will comply”; and

(iii)

in paragraph (3)—

(I)

in the first sentence, by striking “ he deems necessary to assure” and inserting “ the Secretary determines to be necessary to ensure”;

(II)

in the second sentence, by striking “ he finds” and inserting “ the Secretary finds”; and

(III)

in the third sentence—

(aa)

by striking “ he determines” and inserting “ the Secretary determines”;

(bb)

by striking “ (67 Stat. 462)” and inserting “ (43 U.S.C. 1331 et seq.)”; and

(cc)

by striking “ terms” and all that follows through the period at the end and inserting “ terms of that Act.”; and

(C)

in subsection (f), by striking “ this title” and inserting “ this Act”.

(4)

Procedure.— Section 5 of the Deepwater Port Act of 1974 (33 U.S.C. 1504) is amended—

(A)

in subsection (c)—

(i)

by striking the subsection designation and all that follows through the end of paragraph (1) and inserting the following:

“(c) Applications.—

“(1) Requirements.—

“(A) In general.—Each person that submits to the Secretary an application shall include in the application a detailed plan that contains all information required under paragraph (2).

“(B) Action by secretary.—Not later than 21 days after the date of receipt of an application, the Secretary shall—

“(i) determine whether the application contains all information required under paragraph (2); and

“(ii)

(I) if the Secretary determines that such information is contained in the application, not later than 5 days after making the determination, publish in the Federal Register—

“(aa) a notice of the application; and

“(bb) a summary of the plans; or

“(II) if the Secretary determines that all required information is not contained in the application—

“(aa) notify the applicant of the applicable deficiencies; and

“(bb) take no further action with respect to the application until those deficiencies have been remedied.

“(C) Applicability.—On publication of a notice relating to an application under subparagraph (B)(ii)(I), the Secretary shall be subject to subsection (f).”

; and

(ii)

in paragraph (2)—

(I)

by striking “ of this paragraph” each place it appears;

(II)

by striking the paragraph designation and all that follows through “ to—” in the matter preceding subparagraph (A) and inserting the following:

“(2) Inclusions.—Each application shall include such financial, technical, and other information as the Secretary determines to be necessary or appropriate, including—”

; and

(III)

by indenting subparagraphs (A) through (M) appropriately;

(B)

in subsection (g), in the last sentence, by striking “ section 5(c) of this Act” and inserting “ subsection (c)”;

(C)

in subsection (h)—

(i)

by striking “ (h)(1) Each” and inserting the following:

“(h) Fees.—

“(1) Requirement.—

“(A) In general.—Each”

(ii)

in subparagraph (A) of paragraph (1) (as so designated), in the second sentence, by striking “ In addition” and inserting the following:

“(B) Reimbursement.—In addition to a fee under subparagraph (A)”

; and

(iii)

in paragraph (2)—

(I)

by striking the last sentence;

(II)

by striking “ (2) Notwithstanding” and inserting the following:

“(2) Usage fees.—

“(A) Definition of directly related land-based facility.—In this paragraph, the term ‘directly related land-based facility’, with respect to a deepwater port facility, means an onshore tank farm and any pipelines connecting the tank farm to the deepwater port facility.

“(B) Authorization.—Notwithstanding”

; and

(III)

in subparagraph (B) (as so designated)—

(aa)

in the fourth sentence, by striking “ Such fees” and inserting the following:

“(E) Approval.—A fee established under this paragraph”

(bb)

in the third sentence—

(AA)

by striking “ such” each place it appears and inserting “ the applicable”; and

(BB)

by striking “ Fees under” and inserting the following:

“(D) Amount.—The amount of a fee established under”

; and

(cc)

in the second sentence—

(AA)

by striking “ such” each place it appears and inserting “ the applicable”; and

(BB)

by striking “ Fees may be fixed under authority of this paragraph” and inserting the following:

“(C) Treatment.—A fee may be established pursuant to this paragraph”

; and

(iv)

in paragraph (3)—

(I)

by striking “ Outer” and inserting “ outer”; and

(II)

by striking “ (3) A licensee” and inserting the following:

“(3) Rental payment.—A licensee”

(D)

in subsection (i)—

(i)

in paragraph (2)—

(I)

in subparagraph (A)—

(aa)

by inserting “ First,” after the subparagraph designation; and

(bb)

by striking the semicolon at the end and inserting a period;

(II)

in subparagraph (B)—

(aa)

by inserting “ Second,” after the subparagraph designation; and

(bb)

by striking the semicolon at the end and inserting a period; and

(III)

in subparagraph (C), by inserting “ Third,” after the subparagraph designation;

(ii)

in paragraph (3)—

(I)

in subparagraph (C), by striking “ (C) any” and inserting the following:

“(D) Any”

(II)

in subparagraph (B)—

(aa)

by striking “ ; and” at the end and inserting a period; and

(bb)

by striking “ (B) any” and inserting the following:

“(C) Any”

(III)

in subparagraph (A)—

(aa)

by striking “ section 6 of this Act;” and inserting “ section 6.”; and

(bb)

by striking “ (A) the degree” and inserting the following:

“(A) The degree”

; and

(IV)

by inserting after subparagraph (A) the following:

“(B) National security, including an assessment of the implications for the national security of the United States or an allied country (as that term is defined in section 2350f(d)(1) of title 10, United States Code) of the United States.”

; and

(iii)

in paragraph (4)—

(I)

by striking the second sentence and inserting the following:

“(B) Effect of failure to determine.—If the Secretary fails to approve or deny an application for a deepwater port for natural gas by the applicable deadline under subparagraph (A), the reporting requirements under paragraphs (1), (2), and (3) shall not apply to the application.”

; and

(II)

in the matter preceding subparagraph (B) (as so added), by striking “ (4) The Secretary” and inserting the following:

“(4) Applications for deepwater ports for natural gas.—

“(A) Deadline for determination.—The Secretary”

(E)

in subsection (j)(1), by striking “ of Transportation”; and

(F)

by adding at the end the following:

“(k) Transparency in Issuance of Licenses and Permits.—

“(1) Definition of applicable deadline.—In this subsection, the term ‘applicable deadline’, with respect to an applicant, means the deadline or date applicable to the applicant under any of the following:

“(A) Section 4(c)(6).

“(B) Section 4(d)(3).

“(C) Subsection (c)(1)(B) (including clause (ii)(I) of that subsection).

“(D) Subsection (d)(3).

“(E) Paragraph (1) or (2) of subsection (e).

“(F) Subsection (g).

“(G) Paragraph (1) or (4)(A) of subsection (i).

“(2) Suspensions and delays.—If the Secretary suspends or delays an applicable deadline, the Secretary shall submit to the applicant, and publish in the Federal Register, a written statement—

“(A) describing the reasons for the suspension or delay;

“(B) describing and requesting any information necessary to issue the applicable license or permit and the status of applicable license or permit application at the lead agency and any cooperating agencies; and

“(C) identifying the applicable deadline with respect to the statement.

“(3) Applicant rights to technical assistance.—

“(A) In general.—An applicant that receives a statement under paragraph (2) may submit to the Secretary a request for a meeting with appropriate personnel of the Department of Transportation and representatives of each cooperating Federal agency, as appropriate, determined by the Secretary to be relevant with respect to the application, including such officials as are appropriate, who shall provide technical assistance, status, process, and timeline updates and additional information as necessary.

“(B) Timing.—A meeting requested under clause (i) shall be held not later than 30 days after the date on which the Secretary receives the request under that clause.

“(4) Requirements.—On receipt of a request under paragraph (3)(A), and not less frequently than once every 30 days thereafter until the date on which the application process is no longer suspended or delayed, the Secretary shall submit a notice of the delay, including a description of the time elapsed since the applicable deadline and the nature and circumstances of the applicable suspension or delay, to—

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

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

“(5) Briefing.—If the Secretary suspends or delays an applicable deadline, not later than 120 days after that applicable deadline, and not less frequently than once every 120 days thereafter until the date on which the application process is no longer suspended or delayed, the Secretary (or a designee of the Secretary) shall provide a briefing regarding the time elapsed since the applicable deadline and the nature and circumstances of the applicable suspension or delay to—

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

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

(5)

Review criteria.— Section 6 of the Deepwater Port Act of 1974 (33 U.S.C. 1505) is amended—

(A)

in subsection (a), by striking “ (a) The Secretary” and inserting the following:

“(a) Establishment.—The Secretary”

(B)

in subsection (b)—

(i)

by striking “ of this section”; and

(ii)

by striking “ (b) The Secretary” and inserting the following:

“(b) Review and Revision.—The Secretary”

; and

(C)

in subsection (c)—

(i)

by striking “ concurrently with the regulations in section 5(a) of this Act and in accordance with the provisions of that subsection” and inserting “ concurrently with the regulations promulgated pursuant to section 5(a) and in accordance with that section”; and

(ii)

by striking “ (c) Criteria” and inserting the following:

“(c) Requirement.—The criteria”

(6)

Adjacent coastal states.— Section 9 of the Deepwater Port Act of 1974 (33 U.S.C. 1508) is amended—

(A)

by striking subsection (a) and inserting the following:

“(a) Designation.—In issuing a notice relating to an application for a deepwater port under section 5(c)(1)(B)(ii)(I), the Secretary shall designate as an adjacent coastal State, with respect to the deepwater port, any coastal State that would be—

“(1) directly connected by pipeline to that deepwater port; or

“(2) located within 15 miles of that deepwater port.”

; and

(B)

in subsection (b)—

(i)

by striking “ (b)(1) Not later than 10 days after the designation of adjacent coastal States pursuant to this Act” and inserting the following:

“(b) Input From Adjacent Coastal States and Other Interested States.—

“(1) Submission of applications to governors for approval.—

“(A) In general.—Not later than 10 days after the date on which the Secretary designates adjacent coastal States under subsection (a) with respect to a deepwater port proposed in an application”

(ii)

in paragraph (1)(A) (as so designated)—

(I)

in the fourth sentence, by striking “ If the Governor” and inserting the following:

“(D) Inconsistency with certain state programs.—If the Governor of an adjacent coastal State”

(II)

in the third sentence, by striking “ If the Governor fails to transmit his” and inserting the following:

“(C) Presumed approval.—If the Governor of an adjacent coastal State fails to transmit a required”

; and

(III)

in the second sentence, by striking “ The Secretary” and inserting the following:

“(B) Prohibition.—The Secretary”

; and

(iii)

in paragraph (2)—

(I)

by striking “ (2) Any other interested State” and inserting the following:

“(2) Other interested states.—Any other State with an interest relating to a deepwater port proposed in an application”

; and

(II)

by striking “ a deepwater port” and inserting “ the deepwater port”.

Subtitle C Reports

SEC. 3521. Reports on Maritime Industry, Policies, and Programs.

(a)

Report on Administration of Programs.—

(1)

In general.— Chapter 553 of title 46, United States Code, is amended by inserting before section 55302 the following:

“§ 55301. Report on administration of programs by other Federal departments and agencies

“(a) In General.—The Administrator of the Maritime Administration shall annually submit to Congress a report on the administration by—

“(1) the Department of Defense of section 2631 of title 10; and

“(2) other Federal departments and agencies of programs the Administrator determines are subject to section 55305 of this title.

“(b) Contents.—Each annual report required under subsection (a) shall include, for each Federal department or agency that administers a program covered by the report—

“(1) the gross tonnage of cargo (equipment, materials, or agricultural products), expressed by type of cargo, transported on United States flag vessels as compared to on foreign vessels; and

“(2) the total number of United States flag vessels and total number of foreign vessels contracted by each department or agency.

“(c) Agency Reporting Requirements.—Not later than January 31 of each year, the head of each Federal department or agency that administers a program covered by a report required under subsection (a) shall submit to the Administrator of the Maritime Administration the information described in subsection (b) for that department or agency.”

(2)

Clerical amendment.— The analysis for chapter 553 of title 46, United States Code, is amended by inserting before the item relating to section 55302 the following new item:

“55301. Report on administration of programs by other Federal departments and agencies.”.

(b)

Report on Survey of United States Shipbuilding and Repair Facilities.—

(1)

In general.— Not later than 180 days after the date of enactment of this Act, and annually thereafter for each of the subsequent four fiscal years, the Secretary of Transportation, in consultation with the Secretary of Defense, the Administrator of the Maritime Administration, and the Commandant of the Coast Guard, shall submit to the appropriate committees of Congress a report that includes a survey of United States shipbuilding and repair facilities.

(2)

Contents.— Each report required under paragraph (1) shall include an identification of all requirements for a survey of United States shipbuilding and repair facilities in accordance with sections 50102 and 50103 of title 46, United States Code, and section 502(f) of the Merchant Marine Act of 1936 (46 U.S.C. 53101 note).

(3)

Public availability.— At the time the Secretary of Transportation submits to the appropriate congressional committees a report under paragraph (1), the Secretary shall make the report, and all report data, publicly available on an appropriate website.

(4)

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

(A)

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

(B)

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

(c)

Report on Port Preferences for US-flag Vessels.— Not later than one year after the date of the enactment of this Act, the Administrator of the Maritime Administration shall submit to Congress a report on the preference, if any, afforded by each port authority or marine terminal operator, as applicable, to vessels documented under the laws of the United States, including such vessels—

(1)

operated by an armed force (as such term is defined in section 101(4) of title 10, United States Code);

(2)

participating in the Maritime Security Program or the Emergency Preparedness Program under chapter 531 of title 46, United States Code, the Cable Security Fleet under chapter 532 of such title, the Tanker Security Fleet under chapter 534 of such title, or the National Defense Reserve Fleet under section 57100 of such title; or

(3)

with a coastwise endorsement under chapter 121 of title 46, United States Code.

(d)

Report on Increasing Effectiveness of Marine Highways.—

(1)

In general.— Not later than one year after the date of the enactment of this Act, the Administrator of the Maritime Administration shall complete and make publicly available on an appropriate website a study that identifies opportunities for, and barriers to, increasing the effectiveness of marine highways designated under section 55601 of title 46, United States Code, in addressing two or more of the components described in clauses (i), (ii), and (iv) of subparagraphs (A) and subparagraph (B) of section 50307(a)(2) of title 46, United States Code.

(2)

Pilot program.— Beginning on the date that is 120 days after the date of the completion of the study required under paragraph (1), the Administrator shall carry out a one-year pilot program under which the Administrator shall select one marine highway project and implement the findings of the study with respect to that project.

(3)

Final report.— Not later than 90 days after the completion of the pilot program under paragraph (3), the Administrator shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, a briefing on the lessons learned from the pilot program, any recommendations based on feedback from maritime stakeholders, States, Indian Tribes, nonprofit organizations, and other stakeholders, and recommendations for establishing future marine highways in the United States.

(e)

Study on Availability of Federal Student Aid for Mariner Training.—

(1)

In general.— The Comptroller General of the United States shall conduct a study of the availability of Federal financial assistance for licensed and unlicensed mariners, as applicable, for mariner training and the effectiveness of coordination with respect to such assistance of—

(A)

Federal agencies;

(B)

Federal agencies and States; and

(C)

Federal agencies and Indian Tribes.

(2)

Matters evaluated.— The study conducted under paragraph (1) shall include an evaluation of the following:

(A)

The availability of Federal financial assistance for mariner training provided by the Department of Education, the Department of Veterans Affairs, the Department of Labor, the Maritime Administration, or other agencies to the full range of prospective mariners, and an identification of any gaps in financial assistance.

(B)

The extent to which the Maritime Administration has effectively coordinated with the Department of Education, the Department of Veterans Affairs, the Department of Labor, or other relevant Federal agencies to align Federal financial assistance with the education and training needs of mariners.

(C)

The extent to which the Maritime Administration has effectively communicated with prospective and current mariners about the availability of Federal financial assistance to facilitate their training and education needs.

(3)

Scope.— The study conducted under paragraph (1) shall include an examination of the availability of Federal financial assistance, and the service obligations related to such financial assistance, if applicable, at mariner training institutions within the United States, including for students attending, or participating in—

(A)

the United States Merchant Marine Academy;

(B)

a State maritime academy;

(C)

an institution described in subparagraphs (B) and (C) of section 51706(c)(1) of title 46, United States Code;

(D)

an Indian Tribe apprenticeship or other training program; or

(E)

an educational program carried out by a Federal agency.

(4)

Report.— Not later than two years after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives a report containing the findings of the Comptroller General with respect to the study conducted under paragraph (1).

SEC. 3522. Reports on Availability of Used Sealift Vessels and the Scrapping and Recycling of Imported Vessels.

(a)

Report on Availability of Used Sealift Vessels.—

(1)

In general.— The Commander of the United States Transportation Command, in consultation with the Administrator of the Maritime Administration, shall conduct a market analysis to determine the availability of used sealift vessels that—

(A)

meet military requirements; and

(B)

may be purchased using the authority provided under section 2218 of title 10, United States Code, within the period of five years following the date of the enactment of this Act.

(2)

Report.— Not later than 180 days after the date of the enactment of this Act, the Commander of the United States Transportation Command shall submit to the congressional defense committees and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the market analysis conducted under paragraph (1).

(b)

Study on the Scrapping and Recycling of Imported Vessels.—

(1)

In general.— The Administrator of the Maritime Administration and the Deputy Under Secretary for International Affairs of the Department of Labor shall jointly conduct a study to review domestic United States ship scrapping capacity and capability.

(2)

Elements.— The study required under paragraph (1) shall include the following:

(A)

An assessment of—

(i)

the capabilities of United States shipyards to recycle and dispose of domestic and foreign vessels and their component parts;

(ii)

the capacity of United States shipyards to complete ship recycling and disposal of domestic and foreign vessels and their component parts and related activities; and

(iii)

the infrastructure, regulatory, economic, or other barriers to domestic ship recycling and disposal of vessels of the United States (as defined in section 116 of title 46, United States Code) and foreign vessels and their component parts.

(B)

An identification of—

(i)

the estimated number of vessels over 1,000 tons that were recycled or scrapped globally each year for the ten-year period preceding the date of the enactment of this Act;

(ii)

the country in which such vessels were scrapped or recycled;

(iii)

the component parts of a vessel that require additional processing after ship recycling;

(iv)

best practices and methods used globally, including in the United States, at the time of the study, to recycle or dispose of the components described in clause (iii); and

(v)

for the 15 foreign countries with the highest global market share for ship recycling and disposal, and for any countries with documented labor exploitation or environmental concerns (as determined by the Administrator and the Deputy Under Secretary)—

(I)

the practices used at the time of the study for ship recycling and disposal, including for the component parts described in clause (iii); and

(II)

to the extent such information is available, environmental and labor practices used in such recycling and disposal.

(3)

Report.— Not later than one year after the date of the enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the findings of the study required under paragraph (1).

(4)

Definitions of component parts.— In this subsection, the term “component parts” means an item or items on a ship that require additional processing after removal from the ship, such as cable insulation, rubber and felt gaskets, electronic equipment, caulking, or paint.

SEC. 3523. Study on Foreign Ownership and Control of Marine Terminals.

(a)

In General.— Not later than 90 days after the date of the enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of Commerce, shall seek to enter into an agreement with a federally funded research and development center under which the center shall evaluate how foreign state-owned enterprises with leases, long term concessions, partial ownership, or ownership of marine terminals (including marine terminal operators) at the 15 largest United States container ports affect, or could affect, United States national and economic security.

(b)

Contents.— An agreement entered into pursuant to subsection (a) shall provide that the center shall—

(1)

consider—

(A)

foreign ownership or state-owned enterprises with leases, long-term concessions, partial ownership, or ownership of marine terminals (including marine terminal operators) at 15 largest United States container ports over the 30-year period preceding the date of enactment of this Act;

(B)

instances of ownership in individual marine terminals and cumulative ownership by Chinese or Russian entities, state-owned enterprises, or nationals;

(C)

instances of ownership in individual marine terminals and partial or complete ownership by any foreign entity;

(D)

the amount of Federal funds that have been distributed to ports and marine terminals that are wholly or partially foreign-owned, including Chinese and Russian state-owned enterprises;

(E)

where any stake in foreign ownership, or other vectors of control, exists (including any level of equity stake in joint ventures with United States or foreign marine terminal operators), including Chinese or Russian state-owned enterprises, a detailed description of foreign operational control, including both affirmative and negative control; and

(F)

the degree to which transactions for leases, long-term concessions, partial ownership, or ownership of marine terminals referred to in subparagraph (A) were considered covered transactions by the Committee on Foreign Investment in the United States and subsequently subject to review during the 30-year period preceding the date of the enactment of this Act; and

(2)

offer recommendations on—

(A)

policies by ports and marine terminal operators with respect to foreign ownership or control to prevent any degree of threats to United States national security and economic security;

(B)

whether foreign ownership, a positional relationship, or state-owned enterprises with leases, long term concessions, partial ownership, or ownership of marine terminals (including marine terminal operators) affords the foreign entity access to operational technology and information unique to the United States and otherwise unavailable;

(C)

whether foreign ownership or state-owned enterprises with leases, long term concessions, partial ownership, or ownership of marine terminals (including marine terminal operators) has or could affect the supply chain and policies related to the prioritization of certain cargoes; and

(D)

legislative or other policy changes needed to secure and advance United States national and economic security of the United States.

(c)

Report.— Not later than one year after the initiation of an evaluation carried out pursuant to an agreement entered into under subsection (a), the Secretary of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the results of such evaluation.

(d)

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

SEC. 3524. Reports to Congress.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the implementation by the Department of Defense of the amendments to section 2631 of title 10, United States Code, made by section 1024 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).

Subtitle D Other Matters

SEC. 3531. Cargoes Procured, Furnished, or Financed by the United States Government.

(a)

In General.— Section 55305 of title 46, United States Code, is amended—

(1)

by striking subsection (a);

(2)

by redesignating—

(A)

subsection (b) as subsection (a); and

(B)

subsections (c), (d), and (e), as subsections (d), (e), and (f), respectively;

(3)

in subsection (a), as so redesignated, by striking “ privately-owned commercial vessels of the United States,” and inserting “ privately-owned commercial vessels of the United States, as provided under subsection (b),”;

(4)

by inserting after subsection (a), as so redesignated, the following:

“(b) Eligible Vessels.—To be eligible to carry cargo as provided under subsection (a), a privately-owned commercial vessel shall be documented under the laws of the United States—

“(1) for not less than three years; or

“(2) after January 1, 2030, for less than three years, if the vessel owner signs an agreement with the Secretary providing that—

“(A) the vessel shall remain documented under the laws of the United States for not less than three years; and

“(B) the vessel owner shall, upon request of the Secretary, agree to enroll the vessel in an emergency preparedness agreement or voluntary agreement authorized under section 708 of the Defense Production Act of 1950 (50 U.S.C. 4558) and shall ensure the vessel remains so enrolled until the vessel ceases to be documented under the laws of the United States.

“(c) Violation of Agreement.—A vessel under an agreement executed pursuant to subsection (b)(2) may be seized by, and forfeited to, the United States if, in violation of that agreement—

“(1) the vessel owner places the vessel under foreign registry; or

“(2) a person operates the vessel under the authority of a foreign country.”

; and

(5)

by striking subsection (d), as so redesignated, and inserting the following:

“(d) Waivers.—

(1) Notwithstanding any other provision of law, when the President, the Secretary of Defense, or the Secretary of Transportation declares the existence of an emergency justifying a temporary waiver of this section or section 55314 of this title, the President, the Secretary of Defense, or the Secretary of Transportation, following a determination by the Maritime Administrator, acting in the Administrator’s capacity as Director, National Shipping Authority, of the non-availability of qualified United States flag capacity at fair and reasonable rates for commercial vessels of the United States to meet the requirements of this section or section 55314 of this title, may waive compliance with such section to the extent, in the manner, and on the terms the Maritime Administrator, acting in such capacity, prescribes, and no other waivers of the requirements of this section or section 55314 of this title shall be authorized.

“(2)

(A) Subject to subparagraphs (B) and (C), a waiver issued under this subsection shall be for a period of not more than 60 days.

“(B) Upon termination of the period of a waiver issued under this subsection, the Maritime Administrator may extend the waiver for an additional period of not more than 30 days, if the Maritime Administrator makes the determinations described in paragraph (1).

“(C) The aggregate duration of the period of all waivers and extensions of waivers under this subsection with respect to any one set of events shall not exceed three months in a fiscal year.

“(3) The Maritime Administrator shall—

“(A) for each determination referred to in paragraph (1), identify any actions that could be taken to enable qualified United States flag capacity to meet the requirements of this section or section 55314 at fair and reasonable rates for commercial vessels of the United States;

“(B) provide notice of each determination referred to in paragraph (1) to the Secretary of Transportation and, as applicable, the President or the Secretary of Defense; and

“(C) publish each determination referred to in paragraph (1)—

“(i) on the website of the Maritime Administration not later than 24 hours after notice of the determination is provided to the Secretary of Transportation; and

“(ii) in the Federal Register.

“(4) The Maritime Administrator shall notify—

“(A) the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of—

“(i) any request for a waiver (or an extension thereof) made by the Secretary of Transportation of this section or section 55314(a) of this title by not later than 72 hours after receiving such a request; and

“(ii) the issuance of any such waiver (or an extension thereof), and why such waiver or extension was necessary, by not later than 72 hours after such issuance; and

“(B) the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate and the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives of—

“(i) any request for a waiver (or an extension thereof) made by the Secretary of Defense of this section or section 55314(a) of this title by not later than 72 hours after receiving such a request; and

“(ii) the issuance of any such waiver (or an extension thereof), and why such waiver or extension was necessary, by not later than 72 hours after such issuance.”

(b)

Small Passenger Vessels With Overnight Accommodations.—

(1)

Extension authority.—

(A)

In general.— The Commandant of the Coast Guard shall not enforce the requirements of section 3306(n)(3)(A)(v) of title 46, United States Code, against an operator of an overnight fishing charter before April 1, 2024.

(B)

Plan required.— Not later than April 1, 2024, an operator of an overnight fishing charter not in compliance with such section 3306(n)(3)(A)(v) shall submit to the Commandant a plan for complying with such requirements.

(C)

Extension.— On and after April 1, 2024, with respect to an operator of an overnight fishing charter which has submitted a plan for compliance in accordance with subparagraph (B), a captain of the port may extend the period described under subparagraph (A) until a date not later than January 1, 2026.

(2)

Limitation.— Without further Congressional action, a captain of the port may not extend the period of nonenforcement of the requirements of section 3306(n)(3)(A)(v) of title 46, United States Code, with respect to an overnight fishing charter, to a date later than January 1, 2026.

(3)

Notice to passengers.— Beginning on the date on which the requirements under section 3306(n)(3)(A)(v) of title 46, United States Code, take effect, the owner or operator of a vessel for which an extension is granted under paragraph (1)(C) shall provide on the website of such owner or operator of the vessel, the vessel, and each ticket for a passenger a prominently displayed notice that the vessel is exempt from meeting the Coast Guard safety compliance standards concerning egress as described in such section.

(4)

Overnight fishing charter defined.— In this section, the term “overnight fishing charter” means a vessel that—

(A)

is engaged in “charter fishing” as such term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802); and

(B)

has overnight accommodations for passengers.

SEC. 3532. Recapitalization of National Defense Reserve Fleet.

Section 3546 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 46 U.S.C. 57100 note) is amended—

(1)

in subsection (a)—

(A)

in the matter preceding paragraph (1)—

(i)

by striking “ Subject to the availability of appropriations” and inserting “ Subject to the availability of appropriations made specifically available for reimbursements to the Ready Reserve Force, Maritime Administration account of the Department of Transportation for programs, projects, activities, and expenses related to the National Defense Reserve Fleet”; and

(ii)

by striking “ of Transportation” and inserting “ of the Navy”; and

(B)

in paragraph (1)—

(i)

by striking “ roll-on, roll-off cargo” and inserting “ sealift”; and

(ii)

by striking “ 2024” and inserting “ 2025”;

(2)

in subsection (d), by striking “ The Secretary of Transportation shall consult and coordinate with the Secretary of the Navy” and inserting “ The Secretary of the Navy shall consult and coordinate with the Secretary of Transportation”; and

(3)

by adding at the end the following new subsection:

“(f) Limitation.—Of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for the Secretary of the Navy for travel expenses, not more than 50 percent may be obligated or expended until the Secretary of the Navy submits to the congressional defense committees a report that includes a detailed description of the acquisition strategy for the execution of the authority under subsection (a).”

SEC. 3533. United States Merchant Marine Academy and Coast Guard Academy Matters; Maritime Administration Requirements.

(a)

Training Course on Workings of Congress.—

(1)

In general.— Not later than 180 days after the date of the enactment of this section, the Secretary of Transportation, in consultation with the Maritime Administrator, the Superintendent of the United States Merchant Marine Academy, and such other individuals and organizations as the Secretary of Transportation considers appropriate, shall develop a training course on the workings of Congress and offer that training course at least once each year. This course shall be similar in design to the training course required under section 315 of title 14, United States Code, as practicable.

(2)

Course subject matter.— The training course required by paragraph (1) shall provide an overview and introduction to Congress and the Federal legislative process, including—

(A)

the history and structure of Congress and the committee systems of the Senate and the House of Representatives, including the functions and responsibilities of the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives;

(B)

the documents produced by Congress, including bills, resolutions, committee reports, and conference reports, and the purposes and functions of those documents;

(C)

the legislative processes and rules of the Senate and the House of Representatives, including similarities and differences between the processes and rules of each chamber, including—

(i)

the congressional budget process;

(ii)

the congressional authorization and appropriations processes;

(iii)

the Senate advice and consent process for Presidential nominees; and

(iv)

the Senate advice and consent process for treaty ratification;

(D)

the roles of Members of Congress and congressional staff in the legislative process; and

(E)

the concept and underlying purposes of congressional oversight within the governance framework of separation of powers of the United States.

(3)

Lecturers and panelists.—

(A)

Outside experts.— The Secretary of Transportation shall ensure that not less than 60 percent of the lecturers, panelists, and other individuals providing education and instruction as part of the training course required by this subsection are bipartisan subject matter experts on Congress and the Federal legislative process who are not employed by the executive branch of the Federal Government.

(B)

Authority to accept pro bono services.— In satisfying the requirement under subparagraph (A), the Secretary of Transportation shall seek, and may accept, educational and instructional services of lecturers, panelists, and other individuals and organizations provided to the Department of Transportation on a pro bono basis.

(4)

Completion of required training.—

(A)

In general.— Not later than 60 days after the date on which the Secretary of Transportation completes the development of the training course described in this section, and annually thereafter while serving in applicable positions, the covered individuals described in subparagraph (B) shall complete the training course described in this subsection.

(B)

Covered individuals.— The covered individuals in this subsection are the following:

(i)

The Administrator of the Maritime Administration and the Deputy Administrator of the Maritime Administration.

(ii)

Any official of the Maritime Administration whose appointment is subject to the advice and consent of the Senate and Maritime Administration employees that are serving in a Senior Executive Service position (as defined in section 3132(a) of title 5, United States Code).

(iii)

Any Maritime Administration employees whose duties consist of engagement with congressional, governmental, or public affairs, who are appointed or assigned to a billet in the National Capital Region on the date on which the Secretary of Transportation completes the development of the training course described in this section.

(iv)

The Superintendent, Deputy Superintendent, Provost, Commandant of Midshipmen, Counsel, and Director of Public Affairs of the United States Merchant Marine Academy.

(C)

New officials and employees.— Any Maritime Administration official or employee or United States Merchant Marine Academy official or employee who is a covered individual described in subparagraph (B) who is newly appointed, newly employed in the National Capital Region, or newly employed by the United States Merchant Marine Academy after the date on which the Secretary of Transportation completes the development of the training course described in this subsection, shall complete a training course that meets the requirements of this subsection not later than 60 days after reporting for duty, and annually thereafter, while serving in applicable positions.

(b)

Government Accountability Office Report on Maritime Administration Staffing Requirements.—

(1)

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 and the Committee on Transportation and Infrastructure of the House of Representatives, a report that includes an analysis of the staffing requirements for effectively executing the mission of the Maritime Administration and an identification of any existing gaps that could impede its operations.

(2)

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

(A)

an evaluation of the personnel requirements for the successful execution of the mission of the Maritime Administration, including such requirements for—

(i)

those offices that deal with infrastructure, shipbuilding, or student safety;

(ii)

those offices that have significant delays in meeting constituent needs, including offices involved in the processing of permits and grants, or which preform a communication or outreach function to the public, constituents, or Congress (including the Office of Public Affairs of the Maritime Administration);

(iii)

the United States Merchant Marine Academy; and

(iv)

other activities carried out by the Maritime Administration;

(B)

a thorough analysis of any deficiencies or inadequacies in staffing levels, at the time the report is submitted, that could hinder the efficient functioning of the Maritime Administration; and

(C)

recommendations for integrating the findings of the report into the policies and planning processes of the Maritime Administration, with the aim of addressing the identified gaps and enhancing the overall effectiveness of the Maritime Administration.

(c)

Coast Guard Academy Improvement Briefing.— Not later than 30 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing on—

(1)

a plan, which shall include timelines and cost estimates, to—

(A)

remediate asbestos, lead, and mold from the Chase Hall of the Coast Guard Academy;

(B)

house not more than two students to a room in Chase Hall; and

(C)

upgrade electric outlet availability and storage space in student rooms at Chase Hall; and

(2)

the increased student housing capacity necessary to allow the Coast Guard to put through sufficient officers to eliminate the current portion of the officer shortfall due to space constraints at the Coast Guard Academy, including the Officer Candidate School and direct Commission Officer Program housed at the Academy.

SEC. 3534. Maritime Workforce Working Group.

(a)

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

(b)

Membership.— The Maritime Administrator shall designate individuals to serve as members of the working group convened under subsection (a). The working group shall consist of—

(1)

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

(2)

the Superintendent of the United States Merchant Marine Academy;

(3)

the Commandant of the Coast Guard;

(4)

the Commander of the United States Transportation Command;

(5)

the Secretary of the Navy; and

(6)

at least one representative from each of—

(A)

the State maritime academies;

(B)

the owners and operators of United States-flagged vessels engaged in offshore oil and gas exploration, development, and production;

(C)

the owners and operators of United States-flagged vessels engaged in inland river transportation;

(D)

the owners and operators of United States-flagged vessels engaged in inland river transportation;

(E)

a nonprofit labor organization representing a class of licensed or unlicensed engine department mariners who are employed on vessels operating in the United States flag fleet;

(F)

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

(G)

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

(H)

Centers of Excellence for Maritime Training designated under section 51706 of title 46, United States Code; and

(I)

private maritime training providers.

(c)

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

(d)

Responsibilities.— The working group shall carry out the following responsibilities:

(1)

Reviewing the report required by section 3525(b), and the study required by section 3545(a), of the James Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), if available.

(2)

Identifying the number of mariners with covered credentials in each of the following categories:

(A)

All such mariners.

(B)

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

(C)

Such mariners who are participating in a Federal program that supports the United States merchant marine and the United States flag fleet.

(D)

Such mariners who are available to crew the United States flag fleet and the surge sealift fleet in times of a national emergency.

(E)

Such mariners who are full-time.

(F)

Such mariners who are merchant mariner credentialed officers in the United States Navy Reserve.

(G)

Such licensed and unlicensed mariners—

(i)

required to maintain, mobilize, and operate the entire Ready Reserve Force for periods of 30 days, 90 days, 180 days, and one year including separate totals for merchant mariners employed to maintain the Ready Reserve Force in a reduced operating status; and

(ii)

required to submit documentation of sea service to the National Maritime Center, including such mariners that have acquired sea service during the prior year and such mariners that have not acquired sea service during the prior year.

(3)

Evaluating potential gaps or surpluses of credentialed merchant mariners, by rating and qualification, required to maintain, mobilize, and operate the Ready Reserve Force for periods of 30 days, 90 days, 180 days, and one year and the potential impacts such mobilization and operation will have on the commercial maritime industry’s capability to operate during such periods.

(4)

Identifying a list of all actively operating documented vessels of at least 500 gross registered tons, as measured under section 14502 of title 46, United States Code, or an alternate tonnage measured under section 14302 of such title as prescribed by the Secretary under section 14104, of such title, with the tonnage of each such vessel.

(5)

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

(6)

Assessing the effectiveness of marketing and outreach efforts, including recruitment and retention strategy and methods of publicizing opportunities, for new mariner accession into the maritime industry.

(7)

Assessing the accessibility of Coast Guard Merchant Mariner Licensing and Documentation System data for mariners with covered credentials, the maritime industry, and the Maritime Administration for the purposes of evaluating the pool of mariners with covered credentials.

(8)

Assessing the impediments to the credentialing of United States merchant mariners, including training capacity, credentialing system delays, costs to merchant mariners, statutory or regulatory requirements, and other factors.

(9)

Making recommendations to—

(A)

enhance the availability and quality of interagency data, including data from the United States Transportation Command, the Coast Guard, the Navy, and the Bureau of Transportation Statistics, for use by the Maritime Administration in evaluating the pool of mariners with covered credentials;

(B)

close any gaps identified in the evaluation described in paragraph (3), including specific policy, legislative change proposals, and funding requests; and

(C)

improve United States merchant mariner recruitment and retention.

(e)

Provision of Information.— All members of the working group convened under subsection (a) shall provide to the Maritime Administrator, in a timely manner and in a suitable format agreed to by members, any information that is needed to carry out the responsibilities under subsection (d).

(f)

Report.— Not later than one year after the date of the enactment of this Act, the Secretary of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Armed Services of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives a report that contains the findings and conclusions of the working group gathered in the course of performing the responsibilities under subsection (d). Such report shall include each of the following:

(1)

The number of mariners with covered credentials identified for each category described in subparagraphs (A) through (G) of subsection (d)(2).

(2)

The results of the evaluation under subsection (d)(3).

(3)

The list identified under subsection (d)(4).

(4)

The results of the assessments conducted under paragraphs (5) and (8) of subsection (d).

(5)

The recommendations made under paragraphs (5) and (9) of subsection (d).

(6)

Such other information as the working group determines appropriate.

(g)

Classified Annex.— The report required under this section shall be submitted in unclassified form, but shall include a classified annex including the results from subsection (d)(2)(G) and subsection (d)(3).

(h)

Definitions.— In this section:

(1)

The term “covered credential” means any credential issued under part E of subtitle II of title 46, United States Code.

(2)

The term “documented vessel” has the meaning given the term in section 106 of title 46, United States Code.

(3)

The term “Ready Reserve Force” has the meaning given the term in chapter 571 of title 46, United States Code.

(i)

Sunset.— The Maritime Administrator shall disband the working group upon the submission of the report required under subsection (f).

(j)

Temporary Reduction of Lengths of Certain Periods of Service.— For the 3-year period beginning on the date of enactment of this Act—

(1)

section 7307 of title 46, United States Code, shall be applied by substituting “18 months” for “3 years”;

(2)

section 7308 of such title shall be applied by substituting “12 months” for “18 months”; and

(3)

section 7309 of such title shall be applied by substituting “6 months” for “12 months”.

(k)

Centers of Excellence for Domestic Maritime Workforce Training and Education.— Section 51706 of title 46, United States Code, is amended—

(1)

in subsection (a)—

(A)

by striking “ The Secretary” and inserting the following:

“(1) In general.—The Secretary”

(B)

by inserting “ , after consultation with the Coast Guard,” after “ Transportation”;

(C)

by inserting “ , for a 5-year period,” after “ designate”; and

(D)

by adding at the end the following:

“(2) Withdrawal of designation.—The Secretary of Transportation may withdraw a designation as a center of excellence for domestic maritime workforce training and education of a covered training entity upon discovery of adverse information, including discovery of information that the covered training entity has engaged in fraudulent or unlawful activities, or has been subjected to disciplinary or adverse administrative action by Federal, State, or other regulatory bodies.”

(2)

in subsection (b), by adding at the end the following:

“(5) Eligible uses of grant funds.—A center of excellence receiving a grant under this subsection shall—

“(A) carry out activities that are identified as priorities for the purpose of developing, offering, or improving educational or career training programs for the United States maritime industry workforce; and

“(B) provide training to upgrade the skills of the United States maritime industry workforce, including training to acquire covered requirements as well as technical skills training for jobs in the United States maritime industry.”

; and

(3)

in subsection (c)(1)—

(A)

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

(B)

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

(C)

by adding at the end the following:

“(D) has—

“(i) not been subject to a disciplinary or adverse administrative action by Federal, State, or other regulatory bodies;

“(ii) no unresolved nonconformities from administrative audits by regulatory bodies; and

“(iii) not been subject to any adverse criminal action by a Federal, State, or local law enforcement authority.”

SEC. 3535. Consideration of Life-Cycle Cost Estimates for Acquisition and Procurement of Vessels.

In carrying out the acquisition and procurement of vessels in the National Defense Reserve Fleet, the Secretary of Transportation, acting through the Administrator of the Maritime Administration, shall consider the life-cycle cost estimates of vessels during the design and evaluation processes to the maximum extent practicable.

SEC. 3536. Loans for Retrofitting to Qualify as a Vessel of the United States.

(a)

In General.— Section 53706(a) of title 46, United States Code, is amended by adding at the end the following:

“(8) Financing (including reimbursement of an obligor for expenditures previously made for) the reconstruction, reconditioning, retrofitting, repair, reconfiguration, or similar work in a shipyard located in the United States.”

(b)

Prohibition on Use of Appropriated Funds.— Amounts appropriated to the Maritime Administration before the date of enactment of this Act shall not be available to be used for the cost of loan guarantees for projects receiving financing support or credit enhancements under section 53706(a)(8) of title 46, United States Code, as added by this section.

SEC. 3537. Accountability for National Maritime Strategy.

(a)

Biannual Briefing.—

(1)

Requirement.— Not less than twice annually, the Administrator of the Maritime Administration, in consultation with the National Security Council, the Secretary of State, the Secretary of Transportation, and the Secretary of Homeland Security, shall provide to the appropriate congressional committees briefings on the status of establishing the type of national maritime strategy required under section 50114 of title 46, United States Code. The Chief of Naval Operations, the Commandant of the Marine Corps, and the Commandant of the Coast Guard shall participate in each briefing required under this paragraph.

(2)

Use.— The Administrator shall use the briefings required under paragraph (1) to augment and influence the national maritime strategy discussion with national security focused stakeholders across the administration, until an updated strategy is published and endorsed by the President of the United States.

(b)

Elements.— As the national maritime strategy relates to national security, each briefing under subsection (a) shall include the following:

(1)

Recommendations for a whole-of-Government approach to orchestrating national instruments of power to shape all elements of the maritime enterprise of the United States, domestic and international, on the high seas or domestic waterways.

(2)

An assessment of great power competition in the maritime domain, to include opportunities for increased cooperation with allied and partner global maritime industry leaders to improve national shipbuilding and shipping, while promoting the international rules-based maritime order.

(3)

An analysis of existing shipyards to build and capitalize on the virtuous cycle between commercial and military shipbuilding and repair, including areas of improvement.

(4)

An analysis of opportunities for private or public financing to increase the capacity, efficiency, and effectiveness of United States shipyards, including infrastructure, labor force, technology, and global competitiveness.

(5)

An analysis of potential improvements to national or cooperative arrangements for sealift capacity and shipping, including for contested logistics.

(c)

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

(1)

the congressional defense committees;

(2)

and the Committee on Transportation and Infrastructure of the House of Representatives; and

(3)

the Committee on Commerce, Science, and Transportation of the Senate.

Lineage

Dec 22, 2023reading now Pub. L. 118–31 Enacted
Dec 22, 2023 H.R. 2670 · Enrolled Bill Congress
Jul 27, 2023 H.R. 2670 · Engrossed Amendment Senate Senate
Jul 26, 2023 H.R. 2670 · Received in Senate Senate Received
Jul 14, 2023 H.R. 2670 · Engrossed in House House
Apr 18, 2023 H.R. 2670 · Reported in House House Mr. Rogers of Alabama (for himself and Mr. Smith of Washington) introduced the following bill; which was referred to the Committee on Armed Services
Apr 18, 2023 H.R. 2670 · Introduced in House House Mr. Rogers of Alabama (for himself and Mr. Smith of Washington) introduced the following bill; which was referred to the Committee on Armed Services