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(2) MILITARY MUNITIONS.—The term ‘‘military 
munitions’’ has the meaning given the term in sec-
tion 101(e) of title 10, United States Code. 
(3) 
MISSILE
RANGE.—The 
term 
‘‘Missile 
Range’’ means the White Sands Missile Range, New 
Mexico, administered by the Secretary of the Army. 
(4) 
MONUMENT.—The 
term 
‘‘Monument’’ 
means the White Sands National Monument, New 
Mexico, established by Presidential Proclamation 
No. 2025 (54 U.S.C. 320301 note), dated January 
18, 1933, and administered by the Secretary of the 
Interior. 
(5) MUNITIONS DEBRIS.—The term ‘‘munitions 
debris’’ has the meaning given the term in volume 
8 of the Department of Defense Manual Number 
6055.09–M entitled ‘‘DoD Ammunitions and Explo-
sives Safety Standards’’ and dated February 29, 
2008 (as in effect on the date of enactment of this 
Act). 
(6) NATIONAL
PARK.—The term ‘‘National 
Park’’ means the White Sands National Park estab-
lished by this subtitle. 
(7) PUBLIC LAND ORDER.—The term ‘‘Public 
Land Order’’ means Public Land Order 833, dated 
May 21, 1952 (17 Fed. Reg. 4822). 
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SEC. 2863. FINDINGS. 
Congress finds the following: 
(1) White Sands National Monument was es-
tablished on January 18, 1933, by President Her-
bert Hoover pursuant to the Antiquities Act of 1906 
(now chapter 3203 of title 54, United States Code). 
(2) President Hoover proclaimed that the 
Monument was established ‘‘for the preservation of 
the white sands and additional features of scenic, 
scientific, and educational interest’’. 
(3) The Monument was expanded by Presidents 
Roosevelt, Eisenhower, Carter, and Clinton in 1934, 
1942, 1953, 1978, and 1996, respectively. 
(4) The Monument contains a substantially 
more diverse set of nationally significant historical, 
archaeological, scientific, and natural resources than 
were known of at the time the Monument was estab-
lished, including a number of recent discoveries. 
(5) The Monument is recognized as a major 
unit of the National Park System with extraordinary 
values enjoyed by more visitors each year since 1995 
than any other unit in the State of New Mexico. 
(6) The Monument contributes significantly to 
the local economy by attracting tourists. 
(7) Designation of the Monument as a national 
park would increase public recognition of the diverse 
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array of nationally significant resources at the 
Monument and visitation to the unit. 
SEC. 2864. ESTABLISHMENT OF WHITE SANDS NATIONAL 
PARK IN THE STATE OF NEW MEXICO. 
(a) ESTABLISHMENT.—To protect, preserve, and re-
store its scenic, scientific, educational, natural, geological, 
historical, 
cultural, 
archaeological, 
paleontological, 
hydrological, fish, wildlife, and recreational values and to 
enhance visitor experiences, there is established the White 
Sands National Park as a unit of the National Park Sys-
tem. 
(b) ABOLISHMENT
OF WHITE SANDS NATIONAL 
MONUMENT.— 
(1) ABOLISHMENT.—Due to the establishment 
of the National Park, the Monument is abolished. 
(2) INCORPORATION.—The land and interests 
in land that comprise the Monument are incor-
porated in, and shall be considered to be part of, the 
National Park. 
(c) REFERENCES.—Any reference in a law, map, reg-
ulation, document, paper, or other record of the United 
States to White Sands National Monument shall be con-
sidered to be a reference to White Sands National Park. 
(d) AVAILABILITY OF FUNDS.—Any funds available 
for the Monument shall be available for the National Park. 
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(e) ADMINISTRATION.—The Secretary of the Interior 
shall administer the National Park in accordance with— 
(1) this subtitle; and 
(2) the laws generally applicable to units of the 
National Park System, including section 100101(a), 
chapter 1003, sections 100751(a), 100752, 100753, 
and 102101, and chapter 3201 of title 54, United 
States Code. 
(f) EFFECT.—Nothing in this section affects— 
(1) valid existing rights (including water 
rights); 
(2) permits or contracts issued by the Monu-
ment; 
(3) existing agreements, including agreements 
with the Department of Defense; 
(4) the jurisdiction of the Department of De-
fense regarding the restricted airspace above the Na-
tional Park; or 
(5) the airshed classification of the National 
Park under the Clean Air Act (42 U.S.C. 7401 et 
seq.). 
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SEC. 2865. TRANSFERS OF ADMINISTRATIVE JURISDICTION 
RELATED TO THE NATIONAL PARK AND 
WHITE SANDS MISSILE RANGE. 
(a) TRANSFER OF ADMINISTRATIVE JURISDICTION 
TO THE SECRETARY OF THE INTERIOR.— 
(1) IN
GENERAL.—Administrative jurisdiction 
over the land described in paragraph (2) is trans-
ferred from the Secretary of the Army to the Sec-
retary of the Interior. 
(2) DESCRIPTION OF LAND.—The land referred 
to in paragraph (1) consists of the following: 
(A) The approximately 2,826 acres of land 
identified as ‘‘To NPS, lands inside current 
boundary’’ on the Map. 
(B) The approximately 5,766 acres of land 
identified as ‘‘To NPS, new additions’’ on the 
Map. 
(b) TRANSFER OF ADMINISTRATIVE JURISDICTION 
TO THE SECRETARY OF THE ARMY.— 
(1) IN
GENERAL.—Administrative jurisdiction 
over the land described in paragraph (2) is trans-
ferred from the Secretary of the Interior to the Sec-
retary of the Army. 
(2) DESCRIPTION OF LAND.—The land referred 
to in paragraph (1) consists of the approximately 
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3,737 acres of land identified as ‘‘To DOA’’ on the 
Map. 
(c) ADMINISTRATION.— 
(1) NATIONAL PARK.—The Secretary of the In-
terior shall administer the land transferred under 
subsection (a) in accordance with laws (including 
regulations) applicable to the National Park. 
(2) MISSILE RANGE.—Subject to subsection (d), 
the Secretary of the Army shall administer the land 
transferred to the Secretary of the Army under sub-
section (b) as part of the Missile Range. 
(d) INFRASTRUCTURE; RESOURCE MANAGEMENT.— 
(1) RANGE ROAD 7.— 
(A) INFRASTRUCTURE MANAGEMENT.—To 
the maximum extent practicable, in planning, 
constructing, and managing infrastructure on 
the land described in subparagraph (C), the 
Secretary of the Army shall apply low-impact 
development techniques and strategies to pre-
vent impacts within the Missile Range and the 
National Park from stormwater runoff from the 
land described in that subparagraph. 
(B) RESOURCE MANAGEMENT.—The Sec-
retary of the Army shall— 
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(i) manage the land described in sub-
paragraph (C) in a manner consistent with 
the protection of natural and cultural re-
sources within the Missile Range and the 
National Park and in accordance with sec-
tion 101(a)(1)(B) of the Sikes Act (16 
U.S.C. 670a(a)(1)(B)), division A of sub-
title III of title 54, United States Code, 
and the Native American Graves Protec-
tion and Repatriation Act (25 U.S.C. 3001 
et seq.); and 
(ii) include the land described in sub-
paragraph (C) in the integrated natural 
and cultural resource management plan for 
the Missile Range. 
(C) DESCRIPTION OF LAND.—The land re-
ferred to in subparagraphs (A) and (B) is the 
land that is transferred to the administrative 
jurisdiction of the Secretary of the Army under 
subsection (b) and located in the area east of 
Range Road 7 in— 
(i) T. 17 S., R. 5 E., sec. 31; 
(ii) T. 18 S., R. 5 E.; and 
(iii) T. 19 S., R. 5 E., sec. 5. 
(2) FENCE.— 
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(A) IN GENERAL.—The Secretary of the 
Army shall continue to allow the Secretary of 
the Interior to maintain the fence shown on the 
Map until such time as the Secretary of the In-
terior determines that the fence is unnecessary 
for the management of the National Park. 
(B) REMOVAL.—If the Secretary of the In-
terior determines that the fence is unnecessary 
for the management of the National Park under 
subparagraph (A), the Secretary of the Interior 
shall promptly remove the fence at the expense 
of the Department of the Interior. 
(e) RESEARCH.—The Secretary of the Army and the 
Secretary of the Interior may enter into an agreement to 
allow the Secretary of the Interior to conduct certain re-
search in the area identified as ‘‘Cooperative Use Research 
Area’’ on the Map. 
(f) MILITARY MUNITIONS
AND MUNITIONS DE-
BRIS.— 
(1) RESPONSE ACTION.—With respect to any 
Federal liability, the Secretary of the Army shall re-
main responsible for any response action addressing 
military munitions or munitions debris on the land 
transferred under subsection (a) to the same extent 
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as on the day before the date of enactment of this 
Act. 
(2) INVESTIGATION
OF
MILITARY
MUNITIONS 
AND MUNITIONS DEBRIS.— 
(A) IN GENERAL.—The Secretary of the 
Interior may request that the Secretary of the 
Army conduct one or more investigations of 
military munitions or munitions debris on any 
land transferred under subsection (a). 
(B) ACCESS.—The Secretary of the Inte-
rior shall give access to the Secretary of the 
Army to the land covered by a request under 
subparagraph (A) for the purposes of con-
ducting an investigation under that subpara-
graph. 
(C) LIMITATION.—An investigation con-
ducted under this paragraph shall be subject to 
available appropriations. 
(3) APPLICABLE
LAW.—Any activities under-
taken under this subsection shall be carried out in 
accordance with— 
(A) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.); 
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(B) the purposes for which the National 
Park was established; and 
(C) any other applicable law. 
SEC. 2866. BOUNDARY MODIFICATIONS RELATED TO THE 
NATIONAL PARK AND MISSILE RANGE. 
(a) NATIONAL PARK.— 
(1) IN GENERAL.—The boundary of the Na-
tional Park is revised to reflect the boundary de-
picted on the Map. 
(2) MAP.— 
(A) IN GENERAL.—The Secretary of the 
Interior, in coordination with the Secretary of 
the Army, shall prepare and keep on file for 
public inspection in the appropriate office of the 
Secretary of the Interior a map and a legal de-
scription of the revised boundary of the Na-
tional Park. 
(B) EFFECT.—The map and legal descrip-
tion under subparagraph (A) shall have the 
same force and effect as if included in this Act, 
except that the Secretary of the Interior may 
correct clerical and typographical errors in the 
map and legal description. 
(3) BOUNDARY
SURVEY.—As soon as prac-
ticable after the date of the establishment of the Na-
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tional Park and subject to the availability of funds, 
the Secretary of the Interior shall complete an offi-
cial boundary survey of the National Park. 
(b) MISSILE RANGE.— 
(1) IN GENERAL.—The boundary of the Missile 
Range and the Public Land Order are modified to 
exclude the land transferred to the Secretary of the 
Interior under subsection (a) of section 2865 and to 
include the land transferred to the Secretary of the 
Army under subsection (b) of such section. 
(2) MAP.—The Secretary of the Interior shall 
prepare a map and legal description depicting the re-
vised boundary of the Missile Range. 
(c) CONFORMING AMENDMENT.—Section 2854 of the 
National Defense Authorization Act for Fiscal Year 1997 
(Public Law 104–201; 54 U.S.C. 320301 note), relating 
to the modification of boundaries of the Monument and 
the Missile Range, is repealed. 
Subtitle G—Other Matters 
SEC. 2871. INSTALLATION AND MAINTENANCE OF FIRE EX-
TINGUISHERS IN DEPARTMENT OF DEFENSE 
FACILITIES. 
The Secretary of Defense shall ensure that portable 
fire extinguishers are installed and maintained in all De-
partment of Defense facilities in accordance with require-
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ments of national model fire codes developed by the Na-
tional Fire Protection Association and the International 
Code Council that require redundancy and extinguishers 
throughout occupancies regardless of the presence of other 
suppression systems or alarm systems. 
SEC. 2872. DEFINITION OF COMMUNITY INFRASTRUCTURE 
FOR PURPOSES OF MILITARY BASE REUSE 
STUDIES AND COMMUNITY PLANNING AS-
SISTANCE. 
Paragraph (4) of section 2391(e) of title 10, United 
States Code, is amended to read as follows: 
‘‘(4)(A) The term ‘community infrastructure’ 
means a project or facility described in subpara-
graph (B) that— 
‘‘(i) is located off of a military installation; 
and 
‘‘(ii) is— 
‘‘(I) owned by a State or local govern-
ment; or 
‘‘(II) a not-for-profit, member owned 
utility service. 
‘‘(B) A project or facility described in this sub-
paragraph is any of the following: 
‘‘(i) Any transportation project. 
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‘‘(ii) A school, hospital, police, fire, emer-
gency response, or other community support fa-
cility. 
‘‘(iii) A water, waste-water, telecommuni-
cations, electric, gas, or other utility infrastruc-
ture project.’’. 
SEC. 2873. REPORT ON VULNERABILITIES FROM SEA LEVEL 
RISE TO CERTAIN MILITARY INSTALLATIONS 
LOCATED 
OUTSIDE 
THE 
CONTINENTAL 
UNITED STATES. 
(a) REPORT REQUIRED.—Not later than one year 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a re-
port on vulnerabilities from sea level rise to covered instal-
lations located outside of the continental United States. 
(b) CONTENTS.—For each covered installation, the 
report required by subsection (a) shall include the fol-
lowing: 
(1) An analysis of the impacts to the oper-
ations, contingency plans, and readiness of such in-
stallation from a sea level rise. 
(2) A discussion of mitigation efforts, including 
dredging, reclaiming land, and island building, that 
may be necessary due to a sea level rise— 
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(A) to ensure the continued operational vi-
ability of such installation; and 
(B) to increase the resiliency of such in-
stallation. 
(3) The estimated costs of the efforts discussed 
under paragraph (2). 
(4) An identification of alternative locations for 
the continuance of operations of such installation if 
such installation is rendered inoperable. 
(c) FORM.—The report required under subsection (a) 
shall be submitted in unclassified form, but may contain 
a classified annex. 
(d) COVERED INSTALLATION DEFINED.—In this sec-
tion, the term ‘‘covered installation’’ means the following 
military installations: 
(1) Naval Support Facility Diego Garcia. 
(2) Ronald Reagan Ballistic Missile Defense 
Test Site. 
SEC. 2874. BLACK START EXERCISES AT JOINT BASES. 
(a) REQUIREMENT.—Not later than September 30, 
2020, the Secretary of Defense shall conduct a black start 
exercise at three Joint Bases at which such exercise has 
not previously been conducted, for the purpose of identi-
fying any shortcomings in infrastructure, joint operations, 
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joint coordination, and security that would result from a 
loss of power at the site. 
(b) REPORT.—Not later than June 1, 2020, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report that contains a discussion of lessons 
learned from black start exercises conducted by the Sec-
retary of Defense during the period beginning with the 
first such exercise and ending on December 31, 2019, in-
cluding the three most recurring issues identified as a re-
sult of such exercises with respect to infrastructure, joint 
coordination efforts, and security. 
(c) BLACK START EXERCISE DEFINED.—In this sec-
tion, the term ‘‘black start exercise’’ means, with respect 
to a military installation, an exercise in which commercial 
utility power at the installation is dropped before backup 
generation assets start, for the purpose of— 
(1) testing the ability of the backup systems to 
start, transfer the load, and carry the load until 
commercial power is restored; 
(2) aligning stakeholders on critical energy re-
quirements to meet mission requirements; 
(3) validating mission operation plans, such as 
continuity of operations plans; 
(4) identifying infrastructure interdependencies; 
and 
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(5) verifying backup electric power system per-
formance. 
SEC. 2875. REPORT ON PROJECTS AWAITING APPROVAL 
FROM THE REALTY GOVERNANCE BOARD. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to Congress a report describing the projects that, as of 
the date of the report, are awaiting approval from the Re-
alty Governance Board. Such report shall include— 
(1) a list of projects awaiting evaluation for a 
Major Land Acquisition Waiver; and 
(2) an assessment of the impact a project de-
scribed in paragraph (1) would have on the security 
of physical assets and personnel at the military in-
stallation requesting the Major Land Acquisition 
Waiver. 
SEC. 2876. SANTA YNEZ BAND OF CHUMASH INDIANS LAND 
AFFIRMATION. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Santa Ynez Band of Chumash Indians Land Affirmation 
Act of 2019’’. 
(b) FINDINGS.—Congress finds the following: 
(1) On October 13, 2017, the General Council 
of the Santa Ynez Band of Chumash Indians voted 
to approve the Memorandum of Agreement between 
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the County of Santa Barbara and the Santa Ynez 
Band of Chumash Indians regarding the approxi-
mately 1,427.28 acres of land, commonly known as 
Camp 4, and authorized the Tribal Chairman to sign 
the Memorandum of Agreement. 
(2) On October 31, 2017, the Board of Super-
visors for the County of Santa Barbara approved the 
Memorandum of Agreement on Camp 4 and author-
ized the Chair to sign the Memorandum of Agree-
ment. 
(3) The Secretary of the Interior approved the 
Memorandum of Agreement pursuant to section 
2103 of the Revised Statutes (25 U.S.C. 81). 
(c) LAND TO BE TAKEN INTO TRUST.— 
(1) IN GENERAL.—The approximately l,427.28 
acres of land in Santa Barbara County, CA de-
scribed in paragraph (3), is hereby taken into trust 
for the benefit of the Tribe, subject to valid existing 
rights, contracts, and management agreements re-
lated to easements and rights-of-way. 
(2) ADMINISTRATION.— 
(A) ADMINISTRATION.—The land described 
in paragraph (3) shall be a part of the Santa 
Ynez Indian Reservation and administered in 
accordance with the laws and regulations gen-
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erally applicable to the land held in trust by the 
United States for an Indian tribe. 
(B) EFFECT.—For purposes of certain 
California State laws (including the California 
Land Conservation Act of 1965, Government 
Code Section 51200, et seq.), placing the land 
described in paragraph (3) into trust shall re-
move any restrictions on the property pursuant 
to California Government Code Section 51295 
or any other provision of such Act. 
(3) LEGAL
DESCRIPTION
OF
LANDS
TRANS-
FERRED.—The lands to be taken into trust for the 
benefit of the Tribe pursuant to this Act are de-
scribed as follows: 
Legal Land Description/Site Location: Real 
property in the unincorporated area of the County of 
Santa Barbara, State of California, described as fol-
lows: PARCEL 1: (APN: 141–121–51 AND POR-
TION OF APN 141–140–10) LOTS 9 THROUGH 
18, INCLUSIVE, OF TRACT 18, IN THE COUN-
TY OF SANTA BARBARA, STATE OF CALI-
FORNIA, AS SHOWN ON THE MAP SHOWING 
THE SUBDIVISIONS OF THE CANADA DE 
LOS PINOS OR COLLEGE RANCHO, FILED IN 
RACK 3, AS MAP 4 IN THE OFFICE OF THE 
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COUNTY RECORDER OF SAID COUNTY. THIS 
LEGAL IS MADE PURSUANT TO THAT CER-
TAIN CERTIFICATE OF COMPLIANCE RE-
CORDED DECEMBER 5, 2001 AS INSTRU-
MENT 
NO. 
01–105580 
OF 
OFFICIAL 
RECORDS. PARCEL 2: (PORTION OF APN: 
141–140–10) LOTS 1 THROUGH 12, INCLU-
SIVE, OF TRACT 24, IN THE COUNTY OF 
SANTA BARBARA, STATE OF CALIFORNIA, 
AS SHOWN ON THE MAP SHOWING THE 
SUBDIVISIONS OF THE CANADA DE LOS 
PINOS OR COLLEGE RANCHO, FILED IN 
RACK 3, AS MAP 4 IN THE OFFICE OF THE 
COUNTY RECORDER OF SAID COUNTY. THIS 
LEGAL IS MADE PURSUANT TO THAT CER-
TAIN CERTIFICATE OF COMPLIANCE RE-
CORDED DECEMBER 5, 2001 AS INSTRU-
MENT 
NO. 
01–105581 
OF 
OFFICIAL 
RECORDS. PARCEL 3: (PORTIONS OF APNS: 
141–230–23 AND 141–140–10) LOTS 19 AND 20 
OF TRACT 18 AND THAT PORTION OF LOTS 
1, 2, 7, 8, 9, 10, AND 15 THROUGH 20, INCLU-
SIVE, OF TRACT 16, IN THE COUNTY OF 
SANTA BARBARA, STATE OF CALIFORNIA, 
AS SHOWN ON THE MAP SHOWING THE 
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SUBDIVISIONS OF THE CANADA DE LOS 
PINOS OR COLLEGE RANCHO, FILED IN 
RACK 3, AS MAP 4 IN THE OFFICE OF THE 
COUNTY RECORDER OF SAID COUNTY, 
THAT 
LIES 
NORTHEASTERLY 
OF 
THE 
NORTHEASTERLY 
LINE 
OF 
THE 
LAND 
GRANTED TO THE STATE OF CALIFORNIA 
BY 
AN 
EXECUTOR’S 
DEED 
RECORDED 
APRIL 2, 1968 IN BOOK 2227, PAGE 136 OF 
OFFICIAL RECORDS OF SAID COUNTY. THIS 
LEGAL IS MADE PURSUANT TO THAT CER-
TAIN CERTIFICATE OF COMPLIANCE RE-
CORDED DECEMBER 5, 2001 AS INSTRU-
MENT 
NO. 
01–105582 
OF 
OFFICIAL 
RECORDS. PARCEL 4: (APN: 141–240–02 AND 
PORTION OF APN: 141–140–10) LOTS 1 
THROUGH 12, INCLUSIVE, OF TRACT 25, IN 
THE COUNTY OF SANTA BARBARA, STATE 
OF CALIFORNIA, AS SHOWN ON THE MAP 
SHOWING THE SUBDIVISIONS OF THE CAN-
ADA DE LOS PINOS OR COLLEGE RANCHO, 
FILED IN RACK 3, AS MAP 4 IN THE OFFICE 
OF THE COUNTY RECORDER OF SAID 
COUNTY. THIS LEGAL IS MADE PURSUANT 
TO THAT CERTAIN CERTIFICATE OF COM-
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PLIANCE RECORDED DECEMBER 5, 2001 AS 
INSTRUMENT NO. 01–105583 OF OFFICIAL 
RECORDS. PARCEL 5: (PORTION OF APN: 
141–230–23) THAT PORTION OF LOTS 3 AND 
6 OF TRACT 16, IN THE COUNTY OF SANTA 
BARBARA, 
STATE 
OF 
CALIFORNIA, 
AS 
SHOWN ON THE MAP SHOWING THE SUB-
DIVISIONS OF THE CANADA DE LOS PINOS 
OR COLLEGE RANCHO, FILED IN RACK 3, AS 
MAP 4 IN THE OFFICE OF THE COUNTY RE-
CORDER OF SAID COUNTY, THAT LIES 
NORTHEASTERLY OF THE NORTHEAST-
ERLY LINE OF THE LAND GRANTED TO 
THE STATE OF CALIFORNIA BY AN EXECU-
TOR’S DEED RECORDED APRIL 2, 1968 IN 
BOOK 
2227, 
PAGE 
136 
OF 
OFFICIAL 
RECORDS OF SAID COUNTY. THIS LEGAL IS 
MADE PURSUANT TO THAT CERTAIN CER-
TIFICATE OF COMPLIANCE RECORDED DE-
CEMBER 5, 2001 AS INSTRUMENT NO. 01– 
105584 OF OFFICIAL RECORDS. 
(4) RULES
OF
CONSTRUCTION.—Nothing in 
this section shall— 
(A) enlarge, impair, or otherwise affect any 
right or claim of the Tribe to any land or inter-
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est in land that is in existence before the date 
of the enactment of this Act; 
(B) affect any water right of the Tribe in 
existence before the date of the enactment of 
this Act; or 
(C) terminate or limit any access in any 
way to any right-of-way or right-of-use issued, 
granted, or permitted before the date of the en-
actment of this Act. 
(5) 
RESTRICTED
USE
OF
TRANSFERRED 
LANDS.—The Tribe may not conduct, on the land 
described in paragraph (3) taken into trust for the 
Tribe pursuant to this section, gaming activities— 
(A) as a matter of claimed inherent au-
thority; or 
(B) under any Federal law, including the 
Indian Gaming Regulatory Act (25 U.S.C. 
2701 et seq.) and regulations promulgated by 
the Secretary or the National Indian Gaming 
Commission under that Act. 
(6) DEFINITIONS.—For the purposes of this 
subsection: 
(A) SECRETARY.—The term ‘‘Secretary’’ 
means the Secretary of the Interior. 
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(B) TRIBE.—The term ‘‘Tribe’’ means the 
Santa Ynez Band of Chumash Mission Indians. 
SEC. 2877. REPORT ON LEAD SERVICE LINES AT MILITARY 
INSTALLATIONS. 
Not later than January 1, 2021, the Secretary of De-
fense shall submit to the congressional defense committees 
a report that contains the following: 
(1) The number of military installations at 
which lead service lines are connected to schools, 
childcare centers and facilities, buildings, and other 
facilities of the installation as the Secretary deter-
mines appropriate. 
(2) The total number of members of the Armed 
Forces affected by the presence of lead service lines 
at military installations. 
(3) Of the total number of members under 
paragraph (2), the number of such members with 
dependents. 
(4) Actions, if any, undertaken by the Secretary 
to inform individuals affected by the presence of lead 
service lines at military installations of such pres-
ence. 
(5) Recommendations for legislative action re-
lating to the replacement of lead service lines at 
military installations. 
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SEC. 2878. RENAMING OF LEJEUNE HIGH SCHOOL IN 
HONOR OF CONGRESSMAN WALTER B. JONES. 
(a) RENAMING.—The Lejeune High School at Camp 
Lejeune, North Carolina, shall hereafter be known and 
designated as the ‘‘Walter B. Jones Camp Lejeune High 
School’’. 
(b) REFERENCES.—Any reference in any law, map, 
regulation, map, document, paper, other record of the 
United States to the facility referred to in subsection (a) 
shall be considered to be a reference to the Walter B. 
Jones Camp Lejeune High School. 
SEC. 2879. OPERATION, MAINTENANCE, AND PRESERVA-
TION OF MARE ISLAND NAVAL CEMETERY, 
VALLEJO, CALIFORNIA. 
(a) AUTHORITY
TO ASSIST OPERATION, MAINTE-
NANCE, AND PRESERVATION ACTIVITIES.—The Secretary 
of Defense may provide not more than $250,000 per fiscal 
year to aid in the operation, maintenance, and preserva-
tion of the Mare Island Naval Cemetery in Vallejo, Cali-
fornia (in this section referred to as the ‘‘Cemetery’’) if, 
within one year after the date of the enactment of this 
Act— 
(1) the city of Vallejo, California, enters into an 
agreement with a nonprofit historical preservation 
organization (in this section referred to as the ‘‘or-
ganization’’) to manage the day-to-day operation, 
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maintenance, and preservation activities of the Cem-
etery; and 
(2) the organization enters into a memorandum 
of agreement with the Secretary that outlines the or-
ganization’s plan and commitment to preserve the 
Cemetery in perpetuity. 
(b) RESTRICTION ON USE OF ASSISTANCE.—Assist-
ance provided under subsection (a) shall only be used by 
the organization— 
(1) for the direct operation, maintenance, and 
preservation of the Cemetery; and 
(2) to conduct an annual audit and prepare an 
annual report of the organization’s activities. 
(c) REDUCTION IN ASSISTANCE.—The Secretary of 
Defense may reduce the amount of assistance provided 
under subsection (a) for a fiscal year, or forgo the provi-
sion of assistance for a fiscal year, whenever the Secretary 
determines that the organization has enough operational 
funds to function for at least a two-year period. 
(d) ANNUAL AUDIT AND REPORT.—As a condition 
of receiving assistance under subsection (a), the organiza-
tion shall submit to the Secretary of Defense an annual 
report containing an audit of the organization’s financial 
revenues and expenditures for the previous year and de-
scribing how funds were used. 
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(e) OTHER FUND-RAISING.—Nothing in this section 
shall be construed to preclude the organization from rais-
ing additional funds to supplement the organization’s ac-
tivities. 
SEC. 2880. RESTRICTIONS ON REHABILITATION OF OVER- 
THE-HORIZON BACKSCATTER RADAR SYSTEM 
RECEIVING STATION, MODOC COUNTY, CALI-
FORNIA. 
(a) RESTRICTIONS.—Except as provided in sub-
section (b), the Secretary of the Air Force may not use 
any funds or resources of the Department of the Air Force 
to carry out the rehabilitation of the obsolete Over-the- 
Horizon Backscatter Radar System receiving station lo-
cated in Modoc National Forest in the State of California. 
(b) EXCEPTION
FOR
REMOVAL
OF
PERIMETER 
FENCE.—Notwithstanding subsection (a), the Secretary 
of the Air Force may use funds and resources of the De-
partment of the Air Force— 
(1) to remove the perimeter fence, which was 
treated with an arsenic-based weatherproof coating, 
surrounding 
the 
Over-the-Horizon 
Backscatter 
Radar System receiving station referred to in such 
subsection; and 
(2) to carry out the mitigation of soil contami-
nation associated with such fence. 
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(c) SUNSET.—The restrictions in subsection (a) shall 
terminate on the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 2021. 
TITLE XXIX—OVERSEAS CONTIN-
GENCY 
OPERATIONS 
MILI-
TARY CONSTRUCTION 
SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) AUTHORIZATION.—Subject to subsection (b), the 
Secretary of the Army may acquire real property and 
carry out the military construction projects for the instal-
lations outside the United States, and in the amounts, set 
forth in the following table: 
Army: Outside the United States 
Country 
Location 
Amount 
Cuba ..............................
Guantanamo Bay Naval Station ..........................
$33,800,000 
Unspecified Europe .......
European Deterrence Initiative: Various Loca-
tions.
$98,342,000 
(b) REPORT REQUIRED AS CONDITION OF AUTHOR-
IZATION.—Not later than 90 days after the date of the 
enactment of this Act, the Secretary of the Army shall 
submit to the congressional defense committees a report 
containing a plan to carry out each military construction 
project authorized in the final item in the table in sub-
section (a) for an unspecified location for the European 
Deterrence Initiative. The plan shall include a Department 
of Defense Form 1391 for each proposed project. The Sec-
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retary may not commence a project until the report has 
been submitted. 
SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) AUTHORIZATION.—Subject to subsection (b), the 
Secretary of the Navy may acquire real property and carry 
out the military construction projects for the installations 
outside the United States, and in the amounts, set forth 
in the following table: 
Navy: Outside the United States 
Country 
Location 
Amount 
Bahrain .........................
SW Asia ................................................................
$53,360,000 
Italy ...............................
Sigonella ...............................................................
$77,400,000 
Spain .............................
Rota ......................................................................
$69,570,000 
Unspecified Europe .......
European Deterrence Initiative: Various Loca-
tions ..................................................................
$56,246,000 
(b) REPORT REQUIRED AS CONDITION OF AUTHOR-
IZATION.—Not later than 90 days after the date of the 
enactment of this Act, the Secretary of the Navy shall sub-
mit to the congressional defense committees a report con-
taining a plan to carry out each military construction 
project authorized in the final item in the table in sub-
section (a) for an unspecified location for the European 
Deterrence Initiative. The plan shall include a Department 
of Defense Form 1391 for each proposed project. The Sec-
retary may not commence a project until the report has 
been submitted. 
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SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) AUTHORIZATION.—Subject to subsection (b), the 
Secretary of the Air Force may acquire real property and 
carry out the military construction projects for the instal-
lations outside the United States, and in the amounts, set 
forth in the following table: 
Air Force: Outside the United States 
Country 
Location 
Amount 
Iceland ...........................
Keflavik ................................................................
$57,000,000 
Jordan ...........................
Azraq ....................................................................
$66,000,000 
Spain .............................
Moron ...................................................................
$8,500,000 
Unspecified Europe .......
European Deterrence Initiative: Various .............
$231,246,000 
(b) REPORT REQUIRED AS CONDITION OF AUTHOR-
IZATION.—Not later than 90 days after the date of the 
enactment of this Act, the Secretary of the Air Force shall 
submit to the congressional defense committees a report 
containing a plan to carry out each military construction 
project authorized in the final item in the table in sub-
section (a) for an unspecified location for the European 
Deterrence Initiative. The plan shall include a Department 
of Defense Form 1391 for each proposed project. The Sec-
retary may not commence a project until the report has 
been submitted. 
SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUC-
TION AND LAND ACQUISITION PROJECTS. 
The Secretary of Defense may acquire real property 
and carry out the military construction project for the in-
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stallation outside the United States, and in the amount, 
set forth in the following table: 
Defense Agencies: Outside the United States 
Country 
Location 
Amount 
Germany ........................
Germersheim ........................................................
$46,000,000 
SEC. 2905. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2019, for the 
military construction projects outside the United States 
authorized by this title as specified in the funding table 
in section 4602. 
TITLE XXX—AUTHORIZATION OF 
EMERGENCY MILITARY CON-
STRUCTION 
SEC. 3001. AUTHORIZATION OF EMERGENCY NAVY CON-
STRUCTION 
AND 
LAND 
ACQUISITION 
PROJECTS. 
(a) NAVY AUTHORIZATION.—Subject to subsection 
(c), pursuant to section 2802 of title 10, United States 
Code, the following real property acquisition and military 
construction projects, including planning and design re-
lated to military construction projects, in the following 
amounts, are authorized: 
Navy Authorization 
State or 
Location 
Installation or 
Location 
Project 
Amount 
North Caro-
lina .........
Camp Lejeune ...
Various construction ......................
$967,210,000 
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Navy Authorization—Continued 
State or 
Location 
Installation or 
Location 
Project 
Amount 
Marine Corps Air 
Station Cherry 
Point ..............
Various Construction .....................
$175,456,000 
Unspecified 
World-
wide ........
Unspecified 
Worldwide Lo-
cations ............
Planning and Design .....................
$68,282,000 
(b) 
AUTHORIZED
NAVY
CONSTRUCTION 
PROJECTS.—In addition to the projects authorized under 
subsection (a) and subject to subsection (c), pursuant to 
section 2802 of title 10, United States Code, the Secretary 
of Defense may carry out military construction projects, 
including planning and design related to military construc-
tion projects, at facilities damaged by earthquakes or 
other natural disasters in 2019, in the amount of 
$100,000,000. 
(c) REPORT REQUIRED AS A CONDITION OF AUTHOR-
IZATION.—Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall sub-
mit to the Committees on Armed Services of the House 
of Representatives and the Senate a report containing a 
plan to carry out the military construction projects author-
ized by this section. The plan shall include an explanation 
of how each military construction project will incorporate 
mitigation measures that reduce the threat from natural 
disasters, including a list of any areas in which there is 
a variance from the local building requirements and an 
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explanation of the reason for the variance. The plan shall 
also include a Department of Defense Form 1391 for each 
proposed project. The Secretary may not commence a 
project until the report required from the Secretary has 
been submitted. 
(d) REVISION OF FUNDING.— 
(1) INCREASE.—Notwithstanding the amounts 
set forth in the funding tables in division D, the 
amount authorized to be appropriated in section 
3001(b) for military construction projects carried 
out under this section, as specified in the cor-
responding funding table in section 4601, is hereby 
increased by $100,000,000, to be available for the 
purpose specified in subsection (b). 
(2) OFFSET.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount 
authorized to be appropriated in section 2403 for 
Defense Agencies planning and design at various 
worldwide locations, as specified in the cor-
responding funding table in section 4601, is hereby 
reduced by $40,000,000. 
(3) OFFSET.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount 
authorized to be appropriated in section 2403 for 
Defense Agencies unspecified minor construction at 
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various worldwide locations, as specified in the cor-
responding funding table in section 4601, is hereby 
reduced by $10,000,000. 
(4) OFFSET.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount 
authorized to be appropriated in section 2304 for 
Air Force planning and design at various worldwide 
locations, as specified in the corresponding funding 
table in section 4601, is hereby reduced by 
$20,000,000. 
(5) OFFSET.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount 
authorized to be appropriated in section 2103 for 
Army planning and design at various worldwide lo-
cations, as specified in the corresponding funding 
table in section 4601, is hereby reduced by 
$20,000,000. 
(6) OFFSET.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount 
authorized to be appropriated in section 2204 for 
Navy planning and design at various worldwide loca-
tions, as specified in the corresponding funding table 
in section 4601, is hereby reduced by $10,000,000. 
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SEC. 3002. AUTHORIZATION OF EMERGENCY AIR FORCE 
CONSTRUCTION 
AND 
LAND 
ACQUISITION 
PROJECTS. 
(a) AIR FORCE AUTHORIZATION.—Subject to sub-
section (b), pursuant to section 2802 of title 10, United 
States Code, the following real property acquisition and 
military construction projects, in the following amounts, 
are authorized: 
Air Force Authorization 
State 
Installation or 
Location 
Project 
Amount 
Florida .......
Tyndall Air 
Force Base .....
Various Construction .....................
$735,752,000 
Nebraska ....
Offutt Air Force 
Base ...............
Various Construction .....................
$300,000,000 
(b) REPORT REQUIRED AS CONDITION OF AUTHOR-
IZATION.—Not later than 90 days after the date of the 
enactment of this Act, the Secretary of the Air Force shall 
submit to the Committees on Armed Services of the House 
of Representatives and the Senate a report containing a 
plan to carry out the military construction projects author-
ized by this section. The plan shall include an explanation 
of how each military construction project will incorporate 
mitigation measures that reduce the threat from extreme 
weather events, mean sea level fluctuation, flooding, and 
any other known environmental threat to resilience, in-
cluding a list of any areas in which there is a variance 
from the local building requirements and an explanation 
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of the reason for the variance. The plan shall also include 
a Department of Defense Form 1391 for each proposed 
project. The Secretary may not commence a project until 
the report required from the Secretary has been sub-
mitted. 
SEC. 3003. AUTHORIZATION OF EMERGENCY ARMY NA-
TIONAL GUARD AND ARMY RESERVE CON-
STRUCTION 
AND 
LAND 
ACQUISITION 
PROJECTS. 
(a) ARMY NATIONAL GUARD AUTHORIZATION.—Pur-
suant to section 2802 of title 10, United States Code, the 
following real property acquisition and military construc-
tion projects, in the following amounts, are authorized: 
Army National Guard Authorization 
State 
Installation or 
Location 
Project 
Amount 
Florida .......
Panama City ......
National Guard Readiness Center
$25,000,000 
North Caro-
lina .........
Military Training 
Area Fort 
Fisher ............
General Purpose Administrative 
Building .....................................
$25,000,000 
(b) ARMY RESERVE AUTHORIZATION.—Pursuant to 
section 2805 of title 10, United States Code, unspecified 
minor construction, in the amount set forth in the fol-
lowing table, is authorized: 
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Army Reserve Authorization 
Country 
Installation or 
Location 
Project 
Amount 
Unspecified 
World-
wide ........
Unspecified 
Worldwide Lo-
cations ............
Unspecified Minor Construction ....
$3,300,000 
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 ADMINISTRA-
TION. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2020 for the activities of 
the National Nuclear Security Administration in carrying 
out programs as specified in the funding table in section 
4701. 
(b) AUTHORIZATION OF NEW PLANT PROJECTS.— 
From funds referred to in subsection (a) that are available 
for carrying out plant projects, the Secretary of Energy 
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may carry out new plant projects for the National Nuclear 
Security Administration as follows: 
Project 15–D–301, High Explosive Science and 
Engineering Facility, Pantex Plant, Amarillo, Texas, 
$123,000,000. 
Project 15–D–611, Emergency Operations Cen-
ter, Sandia National Laboratories, Albuquerque, 
New Mexico, $4,000,000. 
Project 15–D–612, Emergency Operations Cen-
ter, Lawrence Livermore National Laboratory, 
Livermore, California, $5,000,000. 
Project 18–D–150, Surplus Plutonium Disposi-
tion, Savannah River Site, Aiken, South Carolina, 
$79,000,000. 
Project 18–D–650, Tritium Finishing Facility, 
Savannah River Site, Aiken, South Carolina, 
$27,000,000. 
Project 19–D–670, 138k Power Transmission 
System Replacement, Nevada National Security Site, 
Mercury, Nevada, $6,000,000. 
Project 20–D–931, KL Fuel Development Lab-
oratory, Knolls Atomic Power Laboratory, Schenec-
tady, New York, $23,700,000. 
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SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2020 for defense 
environmental cleanup activities in carrying out programs 
as specified in the funding table in section 4701. 
SEC. 3103. OTHER DEFENSE ACTIVITIES. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2020 for other 
defense activities in carrying out programs as specified in 
the funding table in section 4701. 
SEC. 3104. NUCLEAR ENERGY. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2020 for nuclear 
energy as specified in the funding table in section 4701. 
Subtitle 
B—Program 
Authoriza-
tions, Restrictions, Limitations, 
and Other Matters 
SEC. 3111. PERSONNEL LEVELS OF THE OFFICE OF THE AD-
MINISTRATOR FOR NUCLEAR SECURITY. 
(a) PERSONNEL LEVELS.— 
(1) INCREASE.—Subsection (a) of section 
3241A of the National Nuclear Security Administra-
tion Act (50 U.S.C. 2441a) is amended by striking 
‘‘1,690’’ both places it appears and inserting 
‘‘1,890’’. 
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(2) TECHNICAL
AMENDMENTS.—Such sub-
section is further amended— 
(A) in paragraph (1), by striking ‘‘By Oc-
tober 1, 2015, the’’ and inserting ‘‘The’’; and 
(B) in paragraph (2), by striking ‘‘2016’’ 
and inserting ‘‘2020’’. 
(b) REPORTS ON SERVICE SUPPORT CONTRACTS.— 
Subsection (f) of such section is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘as of the date of the report’’ and inserting 
‘‘for the most recent fiscal year for which data is 
available’’; and 
(2) by striking paragraph (5) and inserting the 
following new paragraphs: 
‘‘(5) With respect to each contract identified 
under paragraph (2)— 
‘‘(A) identification of each appropriations 
account that supports the contract; and 
‘‘(B) the amount obligated under the con-
tract during the fiscal year, listed by each such 
account. 
‘‘(6) With respect to each appropriations ac-
count identified under paragraph (5)(A), the total 
amount obligated for contracts identified under 
paragraph (2).’’. 
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SEC. 3112. OFFICE OF COST ESTIMATING AND PROGRAM 
EVALUATION. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that Congress is concerned that the staffing levels 
of the Office of Cost Estimating and Program Evaluation 
of the National Nuclear Security Administration have 
been persistently below the authorized level. 
(b) REPORTING.—Section 3221(b)(1) of the National 
Nuclear 
Security 
Administration 
Act 
(50 
U.S.C. 
2411(b)(1)) is amended by adding at the end the following 
new sentence: ‘‘The Director shall report directly to the 
Administrator.’’. 
(c) BRIEFING.—Not later than 180 days after the 
date of the enactment of this Act, the Administrator for 
Nuclear Security shall provide to the congressional defense 
committees a briefing on the plan of the Administrator 
to fully staff the Office of Cost Estimating and Program 
Evaluation of the National Nuclear Security Administra-
tion pursuant to section 3221(f) of the National Nuclear 
Security Administration Act (50 U.S.C. 2411(f)). 
SEC. 3113. CLARIFICATION OF CERTAIN STOCKPILE RE-
SPONSIVENESS PROGRAM OBJECTIVES. 
Section 4220(c) of the Atomic Energy Defense Act 
(50 U.S.C. 2538b(c)) is amended— 
(1) in paragraph (3), by striking ‘‘capabilities 
required, including prototypes’’ and inserting ‘‘capa-
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bilities as required, such as through the use of pro-
totypes’’; and 
(2) in paragraph (6)— 
(A) by striking ‘‘in consultation with the 
Director of National Intelligence’’ and inserting 
‘‘in coordination with the Director of National 
Intelligence’’; and 
(B) by inserting ‘‘if needed to meet intel-
ligence requirements’’ after ‘‘foreign countries’’. 
SEC. 3114. MODIFICATION TO PLUTONIUM PIT PRODUC-
TION CAPACITY. 
(a) FINDING AND SENSE OF CONGRESS.— 
(1) FINDING.—Congress finds that a recent 
study by the Institute of Defense Analyses notes, ‘‘a 
key milestone will be achieving the Plutonium 
Sustainment Program goal of 30 pits per year at 
Los Alamos National Laboratory’’. 
(2) SENSE OF CONGRESS.—It is the sense of 
Congress that the National Nuclear Security Admin-
istration should prioritize achieving production of 30 
pits per year at Los Alamos National Laboratory 
and ensure that efforts to design and construct a 
second site do not divert resources, including per-
sonnel and funding, from Los Alamos National Lab-
oratory. 
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(b) 2027 REQUIREMENT.—Section 4219 of the 
Atomic Energy Defense Act (50 U.S.C. 2538a) is amend-
ed— 
(1) in subsection (a)— 
(A) in paragraph (3), by inserting ‘‘and’’ 
after the semicolon; 
(B) in paragraph (4), by striking ‘‘; and’’ 
and inserting a period; and 
(C) by striking paragraph (5); 
(2) by striking subsection (b); and 
(3) by redesignating subsections (c) and (d) as 
subsections (b) and (c), respectively. 
(c) CONFORMING AMENDMENT.—Subsection (b) of 
such section, as redesignated by subsection (b), is amend-
ed by striking ‘‘(or, if the authority under subsection (b) 
is exercised, 2029)’’. 
SEC. 3115. ANNUAL CERTIFICATION OF SHIPMENTS TO 
WASTE ISOLATION PILOT PLANT. 
Section 3115(a) of the National Defense Authoriza-
tion Act for Fiscal Year 2017 (Public Law 114–328; 130 
Stat. 2759), as amended by section 3137 of the John S. 
McCain National Defense Authorization Act for Fiscal 
Year 2019 (Public Law 115–232; 132 Stat. 2303), is fur-
ther amended, in the matter preceding paragraph (1), by 
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striking ‘‘three-year period’’ and inserting ‘‘10-year pe-
riod’’. 
SEC. 3116. REPEAL OF LIMITATION ON AVAILABILITY OF 
FUNDS FOR ACCELERATION OF NUCLEAR 
WEAPONS DISMANTLEMENT. 
Section 3125 of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 
2766) is repealed. 
SEC. 3117. ELIMINATION OF LIMITATION ON AVAILABILITY 
OF FUNDS RELATING TO SUBMISSION OF AN-
NUAL REPORTS ON UNFUNDED PRIORITIES. 
Section 4716 of the Atomic Energy Defense Act (50 
U.S.C. 2756) is amended— 
(1) by striking subsection (c); and 
(2) by redesignating subsection (d) as sub-
section (c). 
SEC. 3118. PROGRAM FOR RESEARCH AND DEVELOPMENT 
OF ADVANCED NAVAL NUCLEAR FUEL SYS-
TEM BASED ON LOW-ENRICHED URANIUM. 
(a) ESTABLISHMENT.—Not later than 60 days after 
the date of the enactment of this Act, the Administrator 
for Nuclear Security shall establish a program to assess 
the viability of using low-enriched uranium in naval nu-
clear propulsion reactors, including such reactors located 
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on aircraft carriers and submarines, that meet the require-
ments of the Navy. 
(b) ACTIVITIES.—In carrying out the program under 
subsection (a), the Administrator shall carry out activities 
to develop an advanced naval nuclear fuel system based 
on low-enriched uranium, including activities relating to— 
(1) down-blending of high-enriched uranium 
into low-enriched uranium; 
(2) manufacturing of candidate advanced low- 
enriched uranium fuels; 
(3) irradiation tests and post-irradiation exam-
ination of these fuels; and 
(4) modification or procurement of equipment 
and infrastructure relating to such activities. 
(c) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the Administrator shall sub-
mit to the congressional defense committees a plan out-
lining the activities the Administrator will carry out under 
the program established under subsection (a), including 
the funding requirements associated with developing a 
low-enriched uranium fuel. 
SEC. 3119. REPLACEMENT OF W78 WARHEAD. 
(a) ANALYSIS OF ALTERNATIVES.— 
(1) IN GENERAL.—The Administrator for Nu-
clear Security shall conduct an analysis of alter-
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natives with respect to replacing the W78 warhead. 
Such analysis shall describe the technical risks and 
costs for each option to replace the W78 warhead. 
(2) REVIEW.—The Director for Cost Esti-
mating and Program Evaluation of the National Nu-
clear Security Administration shall review the anal-
ysis of alternatives under paragraph (1). 
(3) REPORT.—Not later than 150 days after 
the date of the enactment of this Act, the Adminis-
trator shall submit to the congressional defense com-
mittees a report on the replacement of the W78 war-
head. Such report shall include the analysis of alter-
natives under paragraph (1) and the review under 
paragraph (2). 
(b) LIMITATION.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fis-
cal year 2020 for the National Nuclear Security Adminis-
tration for the modernization of the W78 warhead, not 
more than 75 percent may be obligated or expended until 
the date on which the report is submitted under subsection 
(a)(3). 
(c) INDEPENDENT STUDY.— 
(1) IN
GENERAL.—The Administrator shall 
seek to enter into an arrangement with the private 
scientific advisory group known as JASON to con-
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duct a study of the plan of the Administrator to re-
place the W78 warhead. Such study shall include— 
(A) an assessment of the risks to certifi-
cation; and 
(B) the need for planned upgrades to such 
warhead. 
(2) SUBMISSION.—Not later than 150 days 
after the date of the enactment of this Act, the Ad-
ministrator shall submit to the congressional defense 
committees the study under paragraph (1), without 
change. 
SEC. 3120. NATIONAL LABORATORY JOBS ACCESS PRO-
GRAM. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary may establish 
a program known as the ‘‘Department of Energy National 
Lab Jobs ACCESS Program’’, under which the Secretary 
may award, on a competitive basis, 5-year grants to eligi-
ble entities described in subsection (c) for the Federal 
share 
of 
the 
costs 
of 
technical, 
skills-based 
preapprenticeship and apprenticeship programs that pro-
vide employer-driven or recognized postsecondary creden-
tials during the grant period. 
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(b) REQUIREMENTS.—A program funded by a grant 
awarded under this section shall develop and deliver cus-
tomized and competency-based training that— 
(1) leads to recognized postsecondary creden-
tials for secondary school and postsecondary stu-
dents; 
(2) is focused on skills and qualifications need-
ed, as determined by the Department of Energy in 
consultation with the national laboratories, to meet 
the immediate and on-going needs of traditional and 
emerging technician positions (including machinists 
and cyber security technicians) at the National Lab-
oratories and covered facilities of the National Nu-
clear Security Administration; 
(3) 
creates 
an 
apprenticeship 
or 
preapprenticeship program in consultation with a 
National Laboratory or covered facility of the Na-
tional Nuclear Security Administration; and 
(4) 
creates 
an 
apprenticeship 
or 
preapprenticeship program registered with and ap-
proved by the Secretary of Labor or a State Appren-
ticeship Agency. 
(c) ELIGIBLE ENTITIES.—An entity that is eligible 
to receive a grant under this section shall be a workforce 
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intermediary or an eligible sponsor of a preapprenticeship 
or an apprenticeship program that— 
(1) demonstrates experience in implementing 
and providing career planning and career pathways 
towards apprenticeship or preapprenticeship pro-
grams; 
(2)(A) has a relationship with a National Lab-
oratory or covered facility of the National Nuclear 
Security Administration; 
(B) has knowledge of technician workforce 
needs of such laboratory or facility and the associ-
ated security requirements of such laboratory or fa-
cility; and 
(C) is eligible to enter into an agreement with 
such laboratory or facility that would be paid for in 
part or entirely from grant funds received under this 
section; 
(3) demonstrates the ability to recruit and sup-
port individuals who plan to work in relevant techni-
cian positions upon the successful completion of such 
programs; 
(4) provides students who complete such pro-
grams with a recognized postsecondary credential, 
such as a journeyman craft license or an industry- 
recognized certification; 
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(5) uses a customized training curriculum that 
is specifically aligned with employers, utilizing work-
place learning advisors and on-the-job training to 
the greatest extent possible; and 
(6) demonstrates successful outcomes con-
necting graduates of such programs to careers rel-
evant to such programs. 
(d) APPLICATIONS.—An eligible entity seeking a 
grant under this section shall submit to the Secretary an 
application at such time, in such manner, and containing 
such information as the Secretary may require. 
(e) PRIORITY.—In selecting eligible entities to receive 
grants under this section, the Secretary shall prioritize an 
eligible entity that— 
(1) is a member of an industry or sector part-
nership; 
(2) provides the training described in subsection 
(b)— 
(A) at an institution of higher education 
(such as a community college) that includes 
basic science, technology, and mathematics edu-
cation in the curriculum; 
(B) through an apprenticeship program 
that was registered with the Department of 
Labor or a State Apprenticeship Agency before 
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the date on which the eligible entity applies for 
the grant under subsection (d); or 
(C) with respect to a preapprenticeship 
program, at a local educational agency, a sec-
ondary school, a provider of adult education, an 
area career and technical education school, or 
an appropriate community facility; 
(3) works with the Secretary of Defense, Sec-
retary of Veteran Affairs, or veterans organizations 
to transition members of the Armed Forces and vet-
erans to apprenticeship or preapprenticeship pro-
grams in a relevant sector; 
(4) plans to use the grant to carry out the 
training described in subsection (b) with an entity 
that receives State funding or is operated by a State 
agency; and 
(5) plans to use the grant to carry out the 
training described in subsection (b) for— 
(A) young adults ages 16 to 29, inclusive; 
or 
(B) individuals with barriers to employ-
ment. 
(f) ADDITIONAL CONSIDERATION.—In making grants 
under this section, the Secretary shall consider regional 
diversity. 
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(g) LIMITATION ON APPLICATIONS.—An eligible enti-
ty may not submit, either individually or as part of a joint 
application, more than 1 application for a grant under this 
section during any 1 fiscal year. 
(h) LIMITATIONS
ON AMOUNT
OF GRANT.—The 
amount of a grant provided under this section for any 24- 
month period of the 5-year grant period shall not exceed 
$500,000. 
(i) NON-FEDERAL SHARE.—The non-Federal share 
of the cost of a customized training program carried out 
using a grant under this section shall be not less than 
25 percent of the total cost of the program. 
(j) TECHNICAL ASSISTANCE.—The Secretary may 
provide technical assistance to eligible entities described 
in subsection (c) to leverage the existing job training and 
education programs of the Department of Labor and other 
relevant programs at appropriate Federal agencies. 
(k) REPORT.— 
(1) IN GENERAL.—Not less than once every 2 
years, the Secretary of Labor shall submit to Con-
gress, and make publicly available on the website of 
the Department of Labor, a report on the program 
established under this section, including— 
(A) a description of— 
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(i) any entity that receives a grant 
under this section; 
(ii) any activity carried out using the 
grants under this section; and 
(iii) best practices used to leverage the 
investment of the Federal Government 
under this section; and 
(B) an assessment of the results achieved 
by the program established under this section, 
including the rate of employment for partici-
pants after completing a job training and edu-
cation program carried out using a grant under 
this section. 
(2) PROVISION
OF
INFORMATION.—The Sec-
retary of Energy shall provide such information as 
necessary to the Secretary of Labor for purposes of 
the report under paragraph (1). 
(3) PERFORMANCE REPORTS.—Not later than 
one year after the start of a new apprenticeship or 
preapprenticeship program established under this 
section, and annually thereafter, the entity carrying 
out the programs shall submit to the Secretary of 
Labor a report on the effectiveness of the program 
based on the accountability measures described in 
clauses (i) and (ii) of section 116(b)(2)(A) of the 
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Workforce Innovation and Opportunity Act (29 
U.S.C. 3141(b)(2)(A)). 
(l) DEFINITIONS.—In this section: 
(1) ESEA TERMS.—The terms ‘‘local edu-
cational agency’’ and ‘‘secondary school’’ have the 
meanings given the terms in section 8101 of the Ele-
mentary and Secondary Education Act of 1965 (20 
U.S.C. 7801). 
(2) WIOA TERMS.—The terms ‘‘career plan-
ning’’, 
‘‘community-based 
organization’’, 
‘‘cus-
tomized training’’, ‘‘economic development agency’’, 
‘‘individual with a barrier to employment’’, ‘‘indus-
try or sector partnership’’, ‘‘on-the-job training’’, 
‘‘recognized postsecondary credential’’, and ‘‘work-
place learning advisor’’ have the meanings given 
such terms in section 3 of the Workforce Innovation 
and Opportunity Act (29 U.S.C. 3102). 
(3) APPRENTICESHIP.—The term ‘‘apprentice-
ship’’ means an apprenticeship registered under the 
Act of August 16, 1937 (commonly known as the 
‘‘National Apprenticeship Act’’; 50 Stat. 664, chap-
ter 663; 29 U.S.C. 50 et seq.). 
(4) AREA CAREER AND TECHNICAL EDUCATION 
SCHOOL.—The term ‘‘area career and technical edu-
cation school’’ has the meaning given the term in 
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section 3 of the Carl D. Perkins Career and Tech-
nical Education Act of 2006 (20 U.S.C. 2302). 
(5) COMMUNITY COLLEGE.—The term ‘‘commu-
nity college’’ has the meaning given the term ‘‘junior 
or community college’’ in section 312(f) of the High-
er Education Act of 1965 (20 U.S.C. 1058(f)). 
(6) COVERED FACILITY OF THE NATIONAL NU-
CLEAR
SECURITY
ADMINISTRATION.—The 
term 
‘‘covered facility of the National Nuclear Security 
Administration’’ means a national security labora-
tory or a nuclear weapons production facility as such 
terms are defined in section 4002 of the Atomic En-
ergy Defense Act (50 U.S.C. 2501). 
(7) ELIGIBLE
SPONSOR.—The term ‘‘eligible 
sponsor’’ means a public organization or an organi-
zation described in section 501(c) of the Internal 
Revenue Code of 1986 and exempt from tax under 
section 501(a) of that Code, that— 
(A) with respect to an apprenticeship pro-
gram, administers such program through a 
partnership that may include— 
(i) an industry or sector partnership; 
(ii) an employer or industry associa-
tion; 
(iii) a labor-management organization; 
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(iv) a local workforce development 
board or State workforce development 
board; 
(v) a 2- or 4-year institution of higher 
education that offers an educational pro-
gram leading to an associate’s or bach-
elor’s degree in conjunction with a certifi-
cate of completion of apprenticeship; 
(vi) the Armed Forces (including the 
National Guard and Reserves); 
(vii) a community-based organization; 
or 
(viii) an economic development agen-
cy; and 
(B) with respect to a preapprenticeship 
program, is a local educational agency, a sec-
ondary school, an area career and technical 
education school, a provider of adult education, 
a State workforce development board, a local 
workforce development board, or a community- 
based organization, that administers such pro-
gram with any required coordination and nec-
essary approvals from the Secretary of Labor or 
a State department of labor. 
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(8) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given the term in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001). 
(9) 
LOCAL
WORKFORCE
DEVELOPMENT 
BOARD.—The term ‘‘local workforce development 
board’’ has the meaning given the term ‘‘local 
board’’ in section 3 of the Workforce Innovation and 
Opportunity Act (29 U.S.C. 3102). 
(10) NATIONAL LABORATORY.—The term ‘‘Na-
tional Laboratory’’ has the meaning given the term 
in section 2 of the Energy Policy Act of 2005 (42 
U.S.C. 15801). 
(11) PROVIDER OF ADULT EDUCATION.—The 
term ‘‘provider of adult education’’ has the meaning 
given that term in section 203 of the Adult Edu-
cation and Literacy Act (29 U.S.C. 3272). 
(12) RELATED INSTRUCTION.—The term ‘‘re-
lated instruction’’ means an organized and system-
atic form of instruction designed to provide an ap-
prentice with the knowledge of the technical subjects 
related to the occupation of the apprentice. 
(13) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Energy, in consultation with 
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the Secretary of Labor, except as otherwise specified 
in this Act. 
(14) 
STATE
WORKFORCE
DEVELOPMENT 
BOARD.—The term ‘‘State workforce development 
board’’ has the meaning given the term ‘‘State 
board’’ in section 3 of the Workforce Innovation and 
Opportunity Act (29 U.S.C. 3102). 
(15) WORKFORCE
INTERMEDIARY.—The term 
‘‘workforce intermediary’’— 
(A) means an organization that proactively 
addresses workforce needs using a dual cus-
tomer approach, which considers the needs of 
both employees and employers; and 
(B) may include a community organiza-
tion, an employer organization, a community 
college, a temporary staffing agency, a State 
workforce development board, a local workforce 
development board, or a labor organization. 
SEC. 3121. INDEPENDENT REVIEW OF PLANS AND CAPA-
BILITIES FOR NUCLEAR VERIFICATION, DE-
TECTION, AND MONITORING OF NUCLEAR 
WEAPONS AND FISSILE MATERIAL. 
(a) PLAN.—Not later than 30 days after the date of 
the enactment of this Act, the Secretary of Energy, in con-
sultation with the Secretary of Defense, shall seek to enter 
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into a contract with the National Academies of Sciences 
to conduct an independent review and assessment of a 
plan for nuclear detection and verification and monitoring 
of nuclear weapons and fissile material. 
(b) ELEMENTS.—The review under subsection (a) 
shall include the following: 
(1) Recommendations for a national research 
infrastructure for enhanced nuclear verification, de-
tection, and monitoring, with respect to policy, oper-
ations, and research, development, testing, and eval-
uation, including— 
(A) an evaluation of current national re-
search enterprise for such nuclear verification, 
detection, and monitoring; 
(B) a plan for maximizing a national re-
search enterprise to prevent the proliferation of 
nuclear weapons and fissile material; 
(C) integration of roles, responsibilities, 
and planning for such verification, detection, 
and monitoring within the Federal Government; 
and 
(D) a mechanism for the Department of 
Energy to consult across the intelligence com-
munity when setting the research agenda to en-
sure that goals and priorities are aligned. 
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(2) Recommendations for international engage-
ment for building cooperation and transparency, in-
cluding bilateral and multilateral efforts, to improve 
inspections, detection, and monitoring, and to create 
incentives for cooperation and transparency. 
(3) Recommendations for— 
(A) research and development efforts to 
improve monitoring, detection, and in-field in-
spection and analysis capabilities, including per-
sistent surveillance, remote monitoring, and 
rapid analysis of large data sets, including 
open-source data; and 
(B) measures to coordinate technical and 
operational requirements early in the process. 
(4) Recommendations for improved coordination 
between departments and agencies of the Federal 
Government and the military departments, national 
laboratories, commercial industry, and academia. 
(5) Recommendations for leveraging commercial 
capability, such as remote sensing. 
(c) SUBMISSION AND BRIEFING.—Not later than 270 
days after the date of the enactment of this Act, the Sec-
retary of Energy shall— 
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(1) submit to the congressional defense commit-
tees a report containing the review under subsection 
(a); and 
(2) provide to such committees a briefing on 
such review. 
(d) FORM.—The review under subsection (a) and the 
report under subsection (c) shall be submitted in unclassi-
fied form, but may include a classified annex, consistent 
with the protection of intelligence sources and methods. 
SEC. 3122. FUNDING FOR LOW-ENRICHED URANIUM RE-
SEARCH AND DEVELOPMENT. 
(a) INCREASE.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount au-
thorized to be appropriated by this title for defense nu-
clear nonproliferation, as specified in the corresponding 
funding table in section 4701, for low-enriched uranium 
research and development is hereby increased by 
$20,000,000. 
(b) OFFSET.—Notwithstanding the amounts set forth 
in the funding tables in division D, the amount authorized 
to be appropriated by this title for atomic energy defense 
activities, as specified in the corresponding funding table 
in section 4701, for Federal salaries and expenses is here-
by reduced by $20,000,000. 
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SEC. 
3123. 
AVAILABILITY 
OF 
AMOUNTS 
FOR 
DENUCLEARIZATION OF DEMOCRATIC PEO-
PLE’S REPUBLIC OF NORTH KOREA. 
(a) IN GENERAL.—The amount authorized to be ap-
propriated by section 3101 and available as specified in 
the funding table in section 4701 for defense nuclear non-
proliferation is hereby increased by $10,000,000, with the 
amount of the increase to be available to develop and pre-
pare to implement a comprehensive, long-term monitoring 
and verification program for activities related to the 
phased denuclearization of the Democratic People’s Re-
public of North Korea, in coordination with relevant inter-
national partners and organizations. 
(b) OFFSET.—The amount authorized to be appro-
priated by this title and available as specified in the fund-
ing table in section 4701 for weapons activities for stock-
pile services, production support is hereby reduced by 
$10,000,000. 
SEC. 3124. ACCOUNTING PRACTICES OF NATIONAL NU-
CLEAR SECURITY ADMINISTRATION FACILI-
TIES. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of Energy should ensure that 
each laboratory operating contractor or plant or site man-
ager of National Nuclear Security Administration sites ap-
plies generally accepted and consistent accounting best 
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practices for laboratory, plant, or site directed research 
and development. 
(b) REPORT REQUIRED.—Not later than 210 days 
after the date of the enactment of this Act, the Adminis-
trator for Nuclear Security shall submit to the congres-
sional defense committees a report that assesses the costs, 
benefits, risks, and other effects of the pilot program 
under section 3119 of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328; 50 U.S.C. 
2791 note). 
SEC. 3125. FUNDING FOR INERTIAL CONFINEMENT FUSION 
IGNITION AND HIGH YIELD PROGRAM. 
(a) INCREASE.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount au-
thorized to be appropriated by this title for Weapons Ac-
tivities, as specified in the corresponding funding table in 
section 4701, for the Inertial Confinement Fusion Ignition 
and High Yield program, facility operations and target 
production, is hereby increased by $5,000,000. 
(b) OFFSET.—Notwithstanding the amounts set forth 
in the funding tables in division D, the amount authorized 
to be appropriated by this title for Weapons Activities, as 
specified in the corresponding funding table in section 
4701, for Stockpile Services, management, technology, 
and production, is hereby reduced by $5,000,000. 
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SEC. 3126. IMPROVEMENTS TO ENERGY EMPLOYEES OCCU-
PATIONAL 
ILLNESS 
COMPENSATION 
PRO-
GRAM ACT OF 2000. 
(a) OFFICE OF OMBUDSMAN.—Section 3686 of the 
Energy Employees Occupational Illness Compensation 
Program Act of 2000 (42 U.S.C. 7385s–15) is amended— 
(1) in subsection (c)— 
(A) by redesignating paragraphs (2) and 
(3) as paragraphs (3) and (4), respectively; and 
(B) by inserting after paragraph (1) the 
following new paragraph: 
‘‘(2) To provide guidance and assistance to 
claimants.’’; and 
(2) in subsection (h), by striking ‘‘2019’’ and 
inserting ‘‘2020’’. 
(b) ADVISORY BOARD ON TOXIC SUBSTANCES AND 
WORKER HEALTH.—Section 3687 of the Energy Employ-
ees Occupational Illness Compensation Program Act of 
2000 (42 U.S.C. 7385s–16) is amended— 
(1) in subsection (b)(1)— 
(A) in subparagraph (C), by striking ‘‘; 
and’’ and inserting a semicolon; 
(B) in subparagraph (D), by striking ‘‘; 
and’’ and inserting a semicolon; and 
(C) by adding after subparagraph (D) the 
following: 
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‘‘(E) the claims adjudication process gen-
erally, including review of procedure manual 
changes prior to incorporation into the manual 
and claims for medical benefits; and 
‘‘(F) such other matters as the Secretary 
considers appropriate; and’’; 
(2) in subsection (g)— 
(A) by striking ‘‘The Secretary of Energy 
shall’’ and inserting ‘‘The Secretary of Energy 
and the Secretary of Labor shall each’’; and 
(B) by adding at the end the following new 
sentence: ‘‘The Secretary of Labor shall make 
available to the Board the program’s medical 
director, toxicologist, industrial hygienist and 
program’s support contractors as requested by 
the Board.’’; 
(3) by redesignating subsections (h) and (i) as 
subsections (i) and (j), respectively; and 
(4) by inserting after subsection (g) the fol-
lowing: 
‘‘(h) RESPONSE TO RECOMMENDATIONS.—Not later 
than 60 days after submission to the Secretary of Labor 
of the Board’s recommendations, the Secretary shall re-
spond to the Board in writing, and post on the public 
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Internet website of the Department of Labor, a response 
to the recommendations that— 
‘‘(1) includes a statement of whether the Sec-
retary accepts or rejects the Board’s recommenda-
tions; 
‘‘(2) if the Secretary accepts the board’s rec-
ommendations, describes the timeline for when those 
recommendations will be implemented; and 
‘‘(3) if the Secretary does not accept the rec-
ommendations, describes the reasons the Secretary 
does not agree and provide all scientific research to 
the Board supporting that decision.’’. 
SEC. 3127. CIVIL PENALTIES FOR VIOLATIONS OF CERTAIN 
WHISTLEBLOWER PROTECTIONS. 
(a) IN GENERAL.—Section 234A of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2282a) is amended— 
(1) in the heading, by inserting ‘‘AND WHIS-
TLEBLOWER’’ after ‘‘SAFETY’’; 
(2) in subsection a.— 
(A) by inserting ‘‘, or who violates any ap-
plicable rule, regulation or order related to 
whistleblower protections,’’ before ‘‘shall be sub-
ject to a civil penalty’’; and 
(B) by adding at the end the following new 
sentence: ‘‘The Secretary of Energy may carry 
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out this section with respect to the National 
Nuclear Security Administration by acting 
through the Administrator for Nuclear Secu-
rity.’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘e. In this section, the term ‘whistleblower protec-
tions’ means the protections for contractors from reprisals 
pursuant to section 4712 of title 41, United States Code, 
section 211 of the Energy Reorganization Act of 1974 (42 
U.S.C. 5851), or other provisions of Federal law affording 
such protections.’’. 
SEC. 3128. LIMITATION RELATING TO RECLASSIFICATION 
OF HIGH-LEVEL WASTE. 
(a) LIMITATION.—None of the funds authorized to 
be appropriated by this Act or otherwise made available 
for fiscal year 2020 for the Department of Energy may 
be obligated or expended by the Secretary of Energy to 
apply the interpretation of high-level radioactive waste de-
scribed in the notice published by the Secretary titled 
‘‘Supplemental Notice Concerning U.S. Department of 
Energy Interpretation of High-Level Radioactive Waste’’ 
(84 Fed. Reg. 26835), or successor notice, with respect 
to such waste located in the State of Washington. 
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(b) RULE
OF CONSTRUCTION.—Nothing in sub-
section (a) may be construed as an affirmation of the in-
terpretation of high-level radioactive waste of the Sec-
retary of Energy described in such subsection. 
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY 
BOARD 
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal 
year 2020, $29,450,000 for the operation of the Defense 
Nuclear Facilities Safety Board under chapter 21 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 
SEC. 3202. IMPROVEMENTS TO DEFENSE NUCLEAR FACILI-
TIES SAFETY BOARD. 
(a) STAFF.— 
(1) SENSE OF CONGRESS.—It is the sense of 
Congress that the Defense Nuclear Facilities Safety 
Board is not adequately staffed, particularly given 
the ongoing increase in defense nuclear activities 
during the decade following the date of the enact-
ment of this Act. 
(2) EXECUTIVE DIRECTOR OF OPERATIONS.— 
(A) ESTABLISHMENT OF POSITION.—Sub-
section (b) of section 313 of the Atomic Energy 
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Act of 1954 (42 U.S.C. 2286b) is amended by 
adding at the end the following new paragraph: 
‘‘(3)(A) The Board shall have an Executive Director 
of Operations who shall be appointed under section 
311(c)(7). 
‘‘(B) The Executive Director of Operations shall re-
port to the Chairman. 
‘‘(C) The Executive Director of Operations shall be 
the senior employee of the Board responsible for— 
‘‘(i) general administration and technical mat-
ters; 
‘‘(ii) ensuring that the members of the Board 
are fully and currently informed with respect to mat-
ters for which the members are responsible; and 
‘‘(iii) the functions delegated by the Chairman 
pursuant to section 311(c)(3)(B).’’. 
(B) DELEGATION OF FUNCTIONS.—Para-
graph (3) of section 311(c) of such Act (42 
U.S.C. 2286(c)) is amended— 
(i) by striking ‘‘The Chairman’’ and 
inserting ‘‘(A) The Chairman’’; and 
(ii) by adding at the end the following 
new subparagraph: 
‘‘(B) In carrying out subparagraph (A), the Chair-
man shall delegate to the Executive Director of Operations 
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established under section 313(b)(3) the following func-
tions: 
‘‘(i) Administrative functions of the Board. 
‘‘(ii) Appointment and supervision of employees 
of the Board not specified under paragraph (7). 
‘‘(iii) Distribution of business among the em-
ployees and administrative units and offices of the 
Board. 
‘‘(iv) Preparation of— 
‘‘(I) proposals for the reorganization of the 
administrative units or offices of the Board; 
‘‘(II) the budget estimate for the Board; 
and 
‘‘(III) the proposed distribution of funds 
according to purposes approved by the Board.’’. 
(3) APPOINTMENT
AND
REMOVAL
POWERS.— 
Paragraph (7) of such section 311(c) is amended to 
read as follows: 
‘‘(7)(A) The Chairman, subject to the approval of the 
Board, shall appoint the senior employees described in 
subparagraph (C). Any member of the Board may propose 
to the Chairman an individual to be so appointed. 
‘‘(B) The Chairman, subject to the approval of the 
Board, may remove a senior employee described in sub-
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paragraph (C). Any member of the Board may propose 
to the Chairman an individual to be so removed. 
‘‘(C) The senior employees described in this subpara-
graph are the following senior employees of the Board: 
‘‘(i) The Executive Director of Operations es-
tablished under section 313(b)(3). 
‘‘(ii) The general counsel.’’. 
(4) FULL-TIME EQUIVALENT PERSONNEL LEV-
ELS.—Section 313(b)(1)(A) of such Act (42 U.S.C. 
2286b(b)(1)(A)) is amended by striking ‘‘but not’’ 
and all that follows through the semicolon and in-
serting ‘‘but not fewer than the equivalent of 110 
full-time employees and not more than the equiva-
lent of 130 full-time employees;’’. 
(b) PUBLIC HEALTH AND SAFETY.—Section 312(a) 
of such Act (42 U.S.C. 2286a(a)) is amended by inserting 
before the period at the end the following: ‘‘, including 
with respect to the health and safety of employees and 
contractors at such facilities’’. 
(c) ACCESS TO FACILITIES, PERSONNEL, AND INFOR-
MATION.—Section 314 of such Act (42 U.S.C. 2286c) is 
amended— 
(1) in subsection (a)— 
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(A) by striking ‘‘The Secretary of Energy’’ 
and inserting ‘‘Except as specifically provided 
by this section, the Secretary of Energy’’; 
(B) by striking ‘‘ready access’’ both places 
it appears and inserting ‘‘prompt and unfet-
tered access’’; and 
(C) by adding at the end the following new 
sentence: ‘‘The access provided to facilities, per-
sonnel, and information under this subsection 
shall be provided without regard to the hazard 
or risk category assigned to a facility by the 
Secretary.’’; and 
(2) by striking subsection (b) and inserting the 
following new subsections: 
‘‘(b) AUTHORITY OF SECRETARY DENY INFORMA-
TION.—The Secretary may only deny access to informa-
tion pursuant to subsection (a)— 
‘‘(1) to any person who— 
‘‘(A) has not been granted an appropriate 
security clearance or access authorization by 
the Secretary; or 
‘‘(B) does not need such access in connec-
tion with the duties of such person; or 
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‘‘(2) if such denial is authorized by a provision 
of Federal law that specifically limits the right of 
the Board to access such information. 
‘‘(c) APPLICATION
OF NONDISCLOSURE PROTEC-
TIONS BY BOARD.—The Board may not publicly disclose 
information provided under this section if such informa-
tion is otherwise protected from disclosure by law, includ-
ing deliberative process information.’’. 
TITLE XXXIV—NAVAL 
PETROLEUM RESERVES 
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 
(a) AMOUNT.—There are hereby authorized to be ap-
propriated to the Secretary of Energy $14,000,000 for fis-
cal year 2020 for the purpose of carrying out activities 
under chapter 869 of title 10, United States Code, relating 
to the naval petroleum reserves. 
(b) PERIOD OF AVAILABILITY.—Funds appropriated 
pursuant to the authorization of appropriations in sub-
section (a) shall remain available until expended. 
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TITLE XXXV—MARITIME 
MATTERS 
Subtitle A—Maritime 
Administration 
SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINIS-
TRATION. 
There are authorized to be appropriated to the De-
partment of Transportation for fiscal year 2020, to be 
available without fiscal year limitation if so provided in 
appropriations Acts, for programs associated with main-
taining the United States merchant marine, the following 
amounts: 
(1) For expenses necessary for operations of the 
United 
States 
Merchant 
Marine 
Academy, 
$81,944,000, of which— 
(A) $77,944,000 shall be for Academy op-
erations; and 
(B) $4,000,000 shall remain available until 
expended for capital asset management at the 
Academy. 
(2) For expenses necessary to support the State 
maritime academies, $38,480,000, of which— 
(A) $2,400,000 shall remain available until 
September 30, 2020, for the Student Incentive 
Program; 
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(B) $30,080,000 shall remain available 
until expended for maintenance and repair of 
State maritime academy training vessels; and 
(C) $6,000,000 shall remain available until 
expended for direct payments to such acad-
emies. 
(3) For expenses necessary to support the Na-
tional Security Multi-Mission Vessel Program, 
$300,000,000, which shall remain available until ex-
pended. 
(4) For expenses necessary to support Maritime 
Administration 
operations 
and 
programs, 
$53,273,000. 
(5) For expenses necessary to dispose of vessels 
in the National Defense Reserve Fleet, $5,000,000, 
which shall remain available until expended. 
(6) For expenses necessary to maintain and 
preserve a United States flag merchant marine to 
serve the national security needs of the United 
States under chapter 531 of title 46, United States 
Code, $300,000,000. 
(7) For expenses necessary for the loan guar-
antee program authorized under chapter 537 of title 
46, United States Code, $33,000,000, of which— 
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(A) $30,000,000 may be used for the cost 
(as defined in section 502(5) of the Federal 
Credit Reform Act of 1990 (2 U.S.C. 661a(5))) 
of loan guarantees under the program; and 
(B) $3,000,000 may be used for adminis-
trative expenses relating to loan guarantee com-
mitments under the program. 
(8) For expenses necessary to provide small 
shipyards and maritime communities grants under 
section 54101 of title 46, United States Code, 
$35,000,000. 
SEC. 3502. REAUTHORIZATION OF MARITIME SECURITY 
PROGRAM. 
(a) AWARD OF OPERATING AGREEMENTS.—Section 
53103 of title 46, United States Code, is amended by 
striking ‘‘2025’’ each place it appears and inserting 
‘‘2035’’. 
(b) 
EFFECTIVENESS
OF
OPERATING
AGREE-
MENTS.—Section 53104(a) of title 46, United States 
Code, is amended by striking ‘‘2025’’ and inserting 
‘‘2035’’. 
(c) PAYMENTS.—Section 53106(a)(1) of title 46, 
United States Code, is amended— 
(1) in subparagraph (B), by striking ‘‘and’’; 
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(2) 
in 
subparagraph 
(C), 
by 
striking 
‘‘$3,700,000 for each of fiscal years 2022, 2023, 
2024, and 2025.’’ and inserting ‘‘$5,300,000 for 
each of fiscal years 2022, 2023, 2024, and 2025; 
and’’; and 
(3) by adding at the end the following new sub-
paragraphs: 
‘‘(D) $5,800,000 for each of fiscal years 
2026, 2027, and 2028; 
‘‘(E) $6,300,000 for each of fiscal years 
2029, 2030, and 2031; and 
‘‘(F) $6,800,000 for each of fiscal years 
2032, 2033, 2034, and 2035.’’. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 
53111 of title 46, United States Code, is amended— 
(1) in paragraph (2), by striking ‘‘and’’; 
(2) 
in 
paragraph 
(3), 
by 
striking 
‘‘$222,000,000 for each fiscal year thereafter 
through 
fiscal 
year 
2025.’’ 
and 
inserting 
‘‘$318,000,000 for each of fiscal years 2022, 2023, 
2024, and 2025;’’; and 
(3) by adding at the end the following new 
paragraphs: 
‘‘(4) $348,000,000 for each of fiscal years 
2026, 2027, and 2028; 
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‘‘(5) $378,000,000 for each of fiscal years 
2029, 2030, and 2031; and 
‘‘(6) $408,000,000 for each of fiscal years 
2032, 2033, 2034, and 2035.’’. 
SEC. 3503. MARITIME OCCUPATIONAL SAFETY AND HEALTH 
ADVISORY COMMITTEE. 
Section 7 of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 656) is amended by adding at the end 
the following: 
‘‘(d) There is established a Maritime Occupational 
Safety and Health Advisory Committee, which shall be a 
continuing body and shall provide advice to the Secretary 
in formulating maritime industry standards and regarding 
matters pertaining to the administration of this Act re-
lated to the maritime industry. The composition of such 
advisory committee shall be consistent with the advisory 
committees established under subsection (b). A member 
of the advisory committee who is otherwise qualified may 
continue to serve until a successor is appointed. The Sec-
retary may promulgate or amend regulations as necessary 
to implement this subsection.’’. 
SEC. 3504. MILITARY TO MARINER PROGRAM. 
(a) CREDENTIALING SUPPORT.—Not later than one 
year after the date of the enactment of this Act, the Sec-
retary of Defense and the Secretary of the Department 
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in which the Coast Guard operates, in coordination with 
one another and with the United States Committee on the 
Marine Transportation System, and in consultation with 
the Merchant Marine Personnel Advisory Committee, shall 
identify all training and experience within each of the 
Armed Forces that may qualify for merchant mariner 
credentialing, and submit a list of all identified training 
and experience to the United States Coast Guard National 
Maritime Center for a determination of whether such 
training and experience counts for credentialing purposes. 
(b) REVIEW OF APPLICABLE SERVICE.—The United 
States Coast Guard Commandant shall make a determina-
tion of whether training and experience counts for 
credentialing purposes, as described in subsection (a), not 
later than 6 months after the date on which the United 
States Coast Guard National Maritime Center receives a 
submission under subsection (a) identifying a training or 
experience and requesting such a determination. 
(c) FEES AND SERVICES.—The Secretary of Defense 
and the Secretary of the Department in which the Coast 
Guard operates, with respect to the applicable services in 
their respective departments, shall— 
(1) take all necessary and appropriate actions 
to provide for the waiver of fees through the Na-
tional Maritime Center license evaluation, issuance, 
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and examination for members of the Armed Forces 
on active duty, if a waiver is authorized and appro-
priate, and, if a waiver is not granted, take all nec-
essary and appropriate actions to provide for the 
payment of fees for members of the Armed Forces 
on active duty by the applicable service to the fullest 
extent permitted by law; 
(2) direct the Armed Forces to take all nec-
essary and appropriate actions to provide for Trans-
portation Worker Identification Credential cards for 
members of the Armed Forces on active duty pur-
suing or possessing a mariner credential, such as im-
plementation of an equal exchange process for active 
duty service members at no or minimal cost; 
(3) ensure that members of the Armed Forces 
who are to be discharged or released from active 
duty and who request certification or verification of 
sea service be provided such certification or 
verification no later than one month after discharge 
or release; 
(4) ensure the Armed Forces have developed, or 
continue to operate, as appropriate, the online re-
source known as Credentialing Opportunities On- 
Line to support separating members of the Armed 
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Forces who are seeking information and assistance 
on merchant mariner credentialing; and 
(5) not later than one year after the date of en-
actment of this section, take all necessary and ap-
propriate actions to review and implement service-re-
lated medical certifications to merchant mariner cre-
dential requirements. 
(d) ADVANCING MILITARY TO MARINER WITHIN THE 
EMPLOYER AGENCIES.— 
(1) IN
GENERAL.—The Secretary of Defense 
and the Secretary of the Department in which the 
Coast Guard operates shall have direct hiring au-
thority to employ separated members of the Armed 
Forces with valid merchant mariner licenses or sea 
service experience in support of United States na-
tional maritime needs, including the Army Corps of 
Engineers. 
(2) APPOINTMENTS OF RETIRED MEMBERS OF 
THE ARMED FORCES.—Except in the case of posi-
tions in the Senior Executive Service, the require-
ments of section 3326(b) of title 5, United States 
Code, shall not apply with respect to the hiring of 
a separated member of the Armed Forces under 
paragraph (1). 
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(e) SEPARATED MEMBER OF THE ARMED FORCES.— 
In this section, the term ‘‘separated member of the Armed 
Forces’’ means an individual who— 
(1) is retiring or is retired as a member of the 
Armed Forces; 
(2) is voluntarily separating or voluntarily sepa-
rated from the Armed Forces at the end of enlist-
ment or service obligation; or 
(3) is administratively separating or has admin-
istratively separated from the Armed Forces with an 
honorable or general discharge characterization. 
Subtitle B—Tanker Security Fleet 
SEC. 3511. TANKER SECURITY FLEET. 
(a) IN GENERAL.—Subtitle VII of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘CHAPTER 707—TANKER SECURITY FLEET 
‘‘70701. Definitions. 
‘‘70702. Establishment of the Tanker Security Fleet. 
‘‘70703. Vessel standards. 
‘‘70704. Award of operating agreements. 
‘‘70705. Effectiveness of operating agreements. 
‘‘70706. Obligations and rights under operating agreements. 
‘‘70707. Payments. 
‘‘70708. National security requirements. 
‘‘70709. Regulatory relief. 
‘‘70710. Special rule regarding age of participating Fleet vessels. 
‘‘70711. Regulations. 
‘‘70712. Authorization of appropriations. 
‘‘70713. Acquisition of Fleet vessels. 
‘‘§ 70701. Definitions 
‘‘In this chapter: 
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‘‘(1) FOREIGN COMMERCE.—The term ‘foreign 
commerce’ means— 
‘‘(A) commerce or trade between the 
United States, its territories or possessions, or 
the District of Columbia, and a foreign country; 
and 
‘‘(B) commerce or trade between foreign 
countries including trade between foreign ports 
in accordance with normal commercial bulk 
shipping practices in such a manner as will per-
mit vessels of the United States freely to com-
pete with foreign-flag liquid bulk carrying ves-
sels in their operation or in competing charters, 
subject to rules and regulations promulgated by 
the Secretary of Transportation pursuant to 
this chapter or subtitle. 
‘‘(2) PARTICIPATING
FLEET
VESSEL.—The 
term ‘participating Fleet vessel’ means any tank ves-
sel covered by an operating agreement under this 
chapter on or after January 1, 2021. 
‘‘(3) PERSON.—The term ‘person’ includes cor-
porations, partnerships, and associations existing 
under, or authorized by, laws of the United States, 
or any State, territory, district, or possession there-
of, or any foreign country. 
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‘‘(4) TANK
VESSEL.—The term ‘tank vessel’ 
has the meaning that term has under section 2101 
of this title. 
‘‘(5) UNITED
STATES
CITIZEN
TRUST.—The 
term ‘United States citizen trust’— 
‘‘(A) means a trust for which— 
‘‘(i) each of the trustees is a citizen of 
the United States; and 
‘‘(ii) the application for documenta-
tion of the vessel under chapter 121 of this 
title includes an affidavit of each trustee 
stating that the trustee is not aware of any 
reason involving a beneficiary of the trust 
that is not a citizen of the United States, 
or involving any other person who is not a 
citizen of the United States, as a result of 
which the beneficiary or other person 
would hold more than 25 percent of the 
aggregate power to influence or limit the 
exercise of the authority of the trustee with 
respect to matters involving any ownership 
or operation of the vessel that may ad-
versely affect the interests of the United 
States; 
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‘‘(B) does not include a trust for which 
any person that is not a citizen of the United 
States has authority to direct, or participate in 
directing, a trustee for a trust in matters in-
volving any ownership or operation of the vessel 
that may adversely affect the interests of the 
United States or in removing a trustee without 
cause, either directly or indirectly through the 
control of another person, unless the trust in-
strument provides that persons who are not citi-
zens of the United States may not hold more 
than 25 percent of the aggregate authority to 
so direct or remove a trustee; and 
‘‘(C) may include a trust for which a per-
son who is not a citizen of the United States 
holds more than 25 percent of the beneficial in-
terest in the trust. 
‘‘§ 70702. Establishment of the Tanker Security Fleet 
‘‘(a) IN GENERAL.—The Secretary of Transpor-
tation, in consultation with the Secretary of Defense, shall 
establish a fleet of active, commercially viable, militarily 
useful, privately owned product tankers to meet national 
defense and other security requirements and maintain a 
United States presence in international commercial ship-
ping. The fleet shall consist of privately owned vessels of 
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the United States for which there are in effect operating 
agreements under this chapter, and shall be known as the 
‘Tanker Security Fleet’ (hereinafter in this chapter re-
ferred to as the ‘Fleet’). 
‘‘(b) VESSEL ELIGIBILITY.—A vessel is eligible to be 
included in the Fleet if the vessel— 
‘‘(1) meets the requirements under paragraph 
(1), (2), (3), or (4) of subsection (c); 
‘‘(2) is operated (or in the case of a vessel to 
be constructed, will be operated) in providing trans-
portation in United States foreign commerce; 
‘‘(3) is self-propelled; 
‘‘(4) is not more than ten years of age on the 
date the vessel is first included in the Fleet and not 
more than 25 years of age at any time during which 
the vessel is included in the Fleet; 
‘‘(5) is determined by the Secretary of Defense 
to be suitable for use by the United States for na-
tional defense or military purposes in time of war or 
national emergency; 
‘‘(6) is commercially viable, as determined by 
the Secretary of Transportation; and 
‘‘(7) is— 
‘‘(A) a vessel of the United States; or 
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‘‘(B) not a vessel of the United States, 
but— 
‘‘(i) the owner of the vessel has dem-
onstrated an intent to have the vessel doc-
umented under chapter 121 of this title if 
it is included in the Fleet; and 
‘‘(ii) at the time an operating agree-
ment is entered into under this chapter, 
the vessel is eligible for documentation 
under chapter 121 of this title. 
‘‘(c) REQUIREMENTS REGARDING CITIZENSHIP OF 
OWNERS, CHARTERERS, AND OPERATORS.— 
‘‘(1) VESSELS OWNED AND OPERATED BY SEC-
TION 50501 CITIZENS.—A vessel meets the require-
ments of this paragraph if, during the period of an 
operating agreement under this chapter that applies 
to the vessel, the vessel will be owned and operated 
by one or more persons that are citizens of the 
United States under section 50501 of this title. 
‘‘(2) VESSELS OWNED BY A SECTION 50501 CIT-
IZEN, OR
UNITED
STATES
CITIZEN
TRUST, AND 
CHARTERED
TO
A
DOCUMENTATION
CITIZEN.—A 
vessel meets the requirements of this paragraph if— 
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‘‘(A) during the period of an operating 
agreement under this chapter that applies to 
the vessel, the vessel will be— 
‘‘(i) owned by a person that is a cit-
izen of the United States under section 
50501 of this title or that is a United 
States citizen trust; and 
‘‘(ii) demise chartered to a person— 
‘‘(I) that is eligible to document 
the vessel under chapter 121 of this 
title; 
‘‘(II) the chairman of the board 
of directors, chief executive officer, 
and a majority of the members of the 
board of directors of which are citi-
zens of the United States under sec-
tion 50501 of this title, and are ap-
pointed and subjected to removal only 
upon approval by the Secretary; and 
‘‘(III) that certifies to the Sec-
retary that there are no treaties, stat-
utes, regulations, or other laws that 
would prohibit the owner or operator 
for the vessel from performing its ob-
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ligations under an operating agree-
ment under this chapter; 
‘‘(B) in the case of a vessel that will be de-
mise chartered to a person that is owned or 
controlled by another person that is not a cit-
izen of the United States under section 50501 
of this title, the other person enters into an 
agreement with the Secretary not to influence 
the operation of the vessel in a manner that will 
adversely affect the interests of the United 
States; and 
‘‘(C) the Secretary of Transportation and 
the Secretary of Defense notify the Committee 
on Armed Services and the Committee on Com-
merce, Science, and Transportation of the Sen-
ate and the Committee on Armed Services and 
the Committee on Transportation and Infra-
structure of the House of Representatives that 
the Secretaries concur with the certification re-
quired under subparagraph (A)(ii)(III), and 
have reviewed and agree that there are no legal, 
operational, or other impediments that would 
prohibit the owner or operator for the vessel 
from performing its obligations under an oper-
ating agreement under this chapter. 
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‘‘(3) VESSELS OWNED AND OPERATED BY A DE-
FENSE OWNER OR OPERATOR.—A vessel meets the 
requirements of this paragraph if— 
‘‘(A) during the period of an operating 
agreement under this chapter that applies to 
the vessel, the vessel will be owned and oper-
ated by a person that— 
‘‘(i) is eligible to document a vessel 
under chapter 121 of this title; 
‘‘(ii) operates or manages other ves-
sels of the United States for the Secretary 
of Defense, or charters other vessels to the 
Secretary of Defense; 
‘‘(iii) has entered into a special secu-
rity agreement for the purpose of this 
paragraph with the Secretary of Defense; 
‘‘(iv) makes the certification described 
in paragraph (2)(A)(ii)(III); and 
‘‘(v) in the case of a vessel described 
in paragraph (2)(B), enters into an agree-
ment referred to in that subparagraph; and 
‘‘(B) the Secretary of Transportation and 
the Secretary of Defense notify the Committee 
on Armed Services and the Committee on Com-
merce, Science, and Transportation of the Sen-
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ate and the Committee on Armed Services and 
the Committee on Transportation and Infra-
structure of the House of Representatives that 
they concur with the certification required 
under subparagraph (A)(iv), and have reviewed 
and agree that there are no legal, operational, 
or other impediments that would prohibit the 
owner or operator for the vessel from per-
forming its obligations under an operating 
agreement under this chapter. 
‘‘(4) VESSELS
OWNED
BY
DOCUMENTATION 
CITIZENS AND CHARTERED TO SECTION 50501 CITI-
ZENS.—A vessel meets the requirements of this 
paragraph if, during the period of an operating 
agreement under this chapter, the vessel will be— 
‘‘(A) owned by a person who is eligible to 
document a vessel under chapter 121 of this 
title; and 
‘‘(B) demise chartered to a person that is 
a citizen of the United States under section 
50501 of this title. 
‘‘(d) REQUEST BY SECRETARY OF DEFENSE.—The 
Secretary of Defense shall request that the Commandant 
of the Coast Guard issue any waiver under section 501 
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of this title that the Secretary of Defense determines is 
necessary for purposes of this chapter. 
‘‘(e) VESSEL STANDARDS.— 
‘‘(1) CERTIFICATE OF INSPECTION.—A vessel 
used to provide oceangoing transportation that the 
Commandant of the Coast Guard determines meets 
the criteria of subsection (b) but which, on the date 
of enactment of this section, is not documented 
under chapter 121 of this title, shall be eligible for 
a certificate of inspection if the Commandant of the 
Coast Guard determines that— 
‘‘(A) the vessel is classed by and designed 
in accordance with the rules of the American 
Bureau of Shipping, or another classification 
society accepted by the Commandant of the 
Coast Guard; 
‘‘(B) the vessel complies with applicable 
international agreements and associated guide-
lines, as determined by the country in which the 
vessel was documented immediately before be-
coming documented under chapter 121 of this 
title; and 
‘‘(C) the country has not been identified by 
the Commandant of the Coast Guard as inad-
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equately enforcing international vessel regula-
tions as to that vessel. 
‘‘(2) RELIANCE ON CLASSIFICATION SOCIETY.— 
‘‘(A) IN GENERAL.—The Commandant of 
the Coast Guard may rely on a certification 
from the American Bureau of Shipping or, sub-
ject to subparagraph (B), another classification 
society accepted by the Commandant of the 
Coast Guard, to establish that a vessel is in 
compliance with the requirements of paragraph 
(1). 
‘‘(B) 
FOREIGN
CLASSIFICATION
SOCI-
ETY.—The Secretary may accept certification 
from a foreign classification society under sub-
paragraph (A) only— 
‘‘(i) to the extent that the government 
of the foreign country in which the society 
is headquartered provides access on a re-
ciprocal basis to the American Bureau of 
Shipping; and 
‘‘(ii) if the foreign classification soci-
ety has offices and maintains records in 
the United States. 
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‘‘§ 70703. Vessel standards 
‘‘(a) CERTIFICATE OF INSPECTION.—A vessel used to 
provide transportation service as a common carrier that 
the Secretary of Transportation determines meets the cri-
teria of section 53102(b) of this title, which on the date 
of enactment of this section is not a documented vessel 
(as that term is defined in section 106 of this title), shall 
be eligible for a certificate of inspection if the Secretary 
determines that— 
‘‘(1) the vessel is classed by and designed in ac-
cordance with the rules of the American Bureau of 
Shipping or another classification society accepted 
by the Secretary; 
‘‘(2) the vessel complies with applicable inter-
national agreements and associated guidelines, as 
determined by the country in which the vessel was 
documented immediately before becoming a docu-
mented vessel (as defined in that section); and 
‘‘(3) that country has not been identified by the 
Secretary as inadequately enforcing international 
vessel regulations as to that vessel. 
‘‘(b) CONTINUED ELIGIBILITY FOR CERTIFICATE.— 
Subsection (a) does not apply to any vessel that has failed 
to comply with the applicable international agreements 
and association guidelines referred to in subsection (a)(2). 
‘‘(c) RELIANCE ON CLASSIFICATION SOCIETY.— 
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‘‘(1) IN GENERAL.—The Secretary may rely on 
a certification from the American Bureau of Ship-
ping or, subject to paragraph (2), another classifica-
tion society accepted by the Secretary, to establish 
that a vessel is in compliance with the requirements 
of subsections (a) and (b). 
‘‘(2) FOREIGN CLASSIFICATION SOCIETY.—The 
Secretary may accept certification from a foreign 
classification society under paragraph (1) only— 
‘‘(A) to the extent that the government of 
the foreign country in which the society is 
headquartered provides access on a reciprocal 
basis to the American Bureau of Shipping; and 
‘‘(B) if the foreign classification society 
has offices and maintains records in the United 
States. 
‘‘§ 70704. Award of operating agreements 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall require, as a condition of including any vessel in the 
Fleet, that the owner or operator of the vessel enter into 
an operating agreement with the Secretary under this sec-
tion. 
‘‘(b) PROCEDURE FOR APPLICATIONS.— 
‘‘(1) PARTICIPATING FLEET VESSELS.— 
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‘‘(A) IN
GENERAL.—The Secretary of 
Transportation shall accept an application for 
an operating agreement for a participating 
Fleet vessel under the priority under paragraph 
(2) only from a person that has authority to 
enter into an operating agreement under this 
chapter. 
‘‘(B) VESSEL UNDER DEMISE CHARTER.— 
For purposes of subparagraph (A), in the case 
of a vessel that is subject to a demise charter 
that terminates by its own terms on September 
30, 2035 (without giving effect to any extension 
provided therein for completion of a voyage or 
to effect the actual redelivery of the vessel), or 
that is terminable at the will of the owner of 
the vessel after such date, only the owner of the 
vessel shall be treated as having the authority 
referred to in subparagraph (A). 
‘‘(C) VESSEL OWNED BY A UNITED STATES 
CITIZEN
TRUST.—For purposes of subpara-
graph (B), in the case of a vessel owned by a 
United States citizen trust, the term ‘owner of 
the vessel’ includes the beneficial owner of the 
vessel with respect to such trust. 
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‘‘(2) DISCRETION WITHIN PRIORITY.—The Sec-
retary of Transportation— 
‘‘(A) may award operating agreements 
under paragraph (1) according to such prior-
ities as the Secretary considers appropriate; and 
‘‘(B) shall award operating agreements 
within any such priority— 
‘‘(i) in accordance with operational re-
quirements specified by the Secretary of 
Defense; 
‘‘(ii) in the case of operating agree-
ments awarded under subparagraph (B) of 
paragraph (1), according to applicants’ 
records of owning and operating vessels; 
and 
‘‘(iii) subject to approval of the Sec-
retary of Defense. 
‘‘(c) LIMITATION.—For any fiscal year, the Secretary 
may not award operating agreements under this chapter 
that require payments under section 70707 of this title 
for more than 10 vessels. 
‘‘§ 70705. Effectiveness of operating agreements 
‘‘(a) IN GENERAL.—Subject to the availability of ap-
propriations for such purpose, the Secretary of Transpor-
tation may enter into an operating agreement under this 
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chapter for fiscal year 2021 and any subsequent fiscal 
year. Each such agreement may be renewed annually for 
up to seven years. 
‘‘(b) VESSELS UNDER CHARTER TO THE UNITED 
STATES.—The owner or operator of a vessel under charter 
to the United States is eligible to receive payments pursu-
ant to any operating agreement that covers such vessel. 
‘‘(c) TERMINATION.— 
‘‘(1) TERMINATION BY SECRETARY FOR LACK 
OF
OWNER
OR
OPERATOR
COMPLIANCE.—If the 
owner or operator with respect to an operating 
agreement materially fails to comply with the terms 
of the agreement— 
‘‘(A) the Secretary shall notify the owner 
or operator and provide a reasonable oppor-
tunity to comply with the operating agreement; 
and 
‘‘(B) the Secretary shall terminate the op-
erating agreement if the owner or operator fails 
to achieve such compliance. 
‘‘(2) TERMINATION
BY
OWNER
OR
OPER-
ATOR.— 
‘‘(A) IN GENERAL.—If an owner or oper-
ator provides notice of the intent to terminate 
an operating agreement under this chapter on 
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a date specified by not later than 60 days prior 
to such date, such agreement shall terminate on 
the date specified by the owner or operator. 
‘‘(B) REPLACEMENT.—An operating agree-
ment with respect to a vessel shall terminate on 
the date that is three years after the date on 
which the vessel begins operating under the 
agreement, if— 
‘‘(i) the owner or operator notifies the 
Secretary, by not later than two years 
after the date the vessel begins operating 
under the agreement, that the owner or op-
erator intends to terminate the agreement 
under this subparagraph; and 
‘‘(ii) the Secretary of Transportation, 
in coordination with the Secretary of De-
fense, determines that— 
‘‘(I) an application for an oper-
ating agreement under this chapter 
has been received for a replacement 
vessel that is acceptable to the Secre-
taries; and 
‘‘(II) during the period of an op-
erating agreement under this chapter 
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that applies to the replacement vessel, 
the replacement vessel will be— 
‘‘(aa) owned and operated 
by one or more persons that are 
citizens of the United States 
under section 50501 of this title; 
or 
‘‘(bb) owned by a person 
who is eligible to document the 
vessel under chapter 121 of this 
title, and operated by a person 
that is a citizen of the United 
States under section 50501 of 
this title. 
‘‘(d) NONRENEWAL FOR LACK OF FUNDS.— 
‘‘(1) IN GENERAL.—If sufficient funds are not 
made available to carry out an operating agreement 
under this chapter— 
‘‘(A) the Secretary of Transportation shall 
submit to the Committee on Armed Services 
and the Committee on Commerce, Science, and 
Transportation of the Senate and the Com-
mittee on Armed Services and the Committee 
on Transportation and Infrastructure of the 
House of Representatives notice that such 
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agreement shall be not renewed effective on the 
60th day of the fiscal year, unless such funds 
are made available before such day; and 
‘‘(B) effective on the 60th day of such fis-
cal year, terminate such agreement and provide 
notice of such termination to the owner or oper-
ator of the vessel covered by the agreement. 
‘‘(2) RELEASE
OF
VESSELS
FROM
OBLIGA-
TIONS.—If an operating agreement for a vessel 
under this chapter is not renewed pursuant to para-
graph (1), then the owner or operator of the vessel 
is released from any further obligation under the op-
erating agreement as of the date of such termination 
or nonrenewal. 
‘‘(3) FOREIGN
TRANSFER
AND
REGISTRA-
TION.—The owner or operator of a vessel covered by 
an operating agreement under this chapter may 
transfer and register such vessel under a foreign 
registry that is acceptable to the Secretary and the 
Secretary of Defense, notwithstanding section 70701 
of this title. 
‘‘(4) REQUISITION.—If chapter 563 of this title 
is applicable to a vessel after registration, then the 
vessel is available to be requisitioned by the Sec-
retary pursuant to chapter 563 of this title. 
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‘‘§ 70706. Obligations and rights under operating 
agreements 
‘‘(a) OPERATION OF VESSEL.—An operating agree-
ment under this chapter shall require that, during the pe-
riod the vessel covered by the agreement is operating 
under the agreement the vessel shall— 
‘‘(1) be operated in the United States foreign 
commerce, mixed United States foreign commerce 
and domestic trade allowed under a registry endorse-
ment issued under section 12111 of this title, for-
eign-to-foreign commerce, or under a charter to the 
United States; 
‘‘(2) not be operated in the coastwise trade ex-
cept as described in paragraph (1); and 
‘‘(3) be documented under chapter 121 of this 
title. 
‘‘(b) OPERATING AGREEMENT IS AN OBLIGATION OF 
THE
UNITED
STATES
GOVERNMENT.—An operating 
agreement under this chapter constitutes a contractual ob-
ligation of the United States Government to pay the 
amounts provided for in the agreement to the extent of 
actual appropriations. 
‘‘(c) OBLIGATIONS OF OWNER OR OPERATOR.— 
‘‘(1) IN GENERAL.—The owner or operator of a 
vessel covered by an operating agreement under this 
chapter shall agree, as a condition of such agree-
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ment, to remain obligated to carry out the require-
ments described in paragraph (2) until the termi-
nation date specified in the agreement, even in the 
case of early termination of the agreement under 
section 70705(c) of this title. This subsection shall 
not apply in the case of an operating agreement ter-
minated for lack of funds under section 70705(d) of 
this title. 
‘‘(2) REQUIREMENTS.—The requirements de-
scribed in this paragraph are the following: 
‘‘(A) To continue the documentation of the 
vessel under chapter 121 of this title. 
‘‘(B) To be bound by the requirements of 
section 70708 of this title. 
‘‘(C) That all terms and conditions of an 
emergency preparedness agreement entered into 
under section 70708 of this title shall remain in 
effect, except that the terms of such emergency 
preparedness agreement may be modified by the 
mutual consent of the owner or operator, the 
Secretary and the Secretary of Defense as pro-
vided in such section. 
‘‘(d) TRANSFER OF OPERATING AGREEMENTS.—The 
owner or operator of a vessel covered by an operating 
agreement under this chapter may transfer that agree-
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ment (including all rights and obligations under the agree-
ment) to any person that is eligible to enter into that oper-
ating agreement under this chapter, if the transfer is ap-
proved by the Secretary of Transportation and the Sec-
retary of Defense. 
‘‘(e) REPLACEMENT
OF
VESSELS
COVERED
BY 
AGREEMENTS.—A owner or operator may replace a vessel 
covered by an operating agreement with another vessel 
that is eligible to be included in the Fleet under section 
70702(b), if the Secretary of Transportation, in coordina-
tion with the Secretary of Defense, approves the replace-
ment of the vessel. In selecting a replacement vessel, the 
owner or operator shall give primary consideration to— 
‘‘(1) the commercial viability of the vessel; 
‘‘(2) the utility of the vessel with respect to the 
operating requirements of the owner or operator; 
and 
‘‘(3) ensuring that the commercial and military 
utility of any replacement vessel is not less than that 
of the initial vessel. 
‘‘§ 70707. Payments 
‘‘(a) ANNUAL PAYMENT.—Subject to the availability 
of appropriations for such purpose and the other provi-
sions of this chapter, the Secretary shall pay to the owner 
or operator of a vessel covered by an operating agreement 
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under this chapter an amount equal to $6,000,000 for 
each vessel covered by the agreement for each fiscal year 
that the vessel is covered by the agreement. Such amount 
shall be paid in equal monthly installments on the last day 
of each month. The amount payable under this subsection 
may not be reduced except as provided by this section. 
‘‘(b) CERTIFICATION REQUIRED FOR PAYMENT.—As 
a condition of receiving payment under this section for a 
fiscal year for a vessel, the owner or operator for the vessel 
shall certify, in accordance with regulations issued by the 
Secretary, that the vessel has been and will be operated 
in accordance with section 70706 of this title for at least 
320 days during the fiscal year. Days during which the 
vessel is drydocked, surveyed, inspected, or repaired shall 
be considered days of operation for purposes of this sub-
section. 
‘‘(c) GENERAL LIMITATIONS.—The Secretary may 
not make any payment under this chapter for a vessel with 
respect to any days for which the vessel is— 
‘‘(1) not operated or maintained in accordance 
with an operating agreement under this chapter; or 
‘‘(2) more than 25 years of age. 
‘‘(d) REDUCTIONS IN PAYMENTS.—With respect to 
payments under this chapter for a vessel covered by an 
operating agreement, the Secretary— 
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‘‘(1) except as provided in paragraph (2), may 
not reduce such a payment for the operation of the 
vessel to carry military or other preference cargoes 
under section 55302(a), 55304, 55305, or 55314 of 
this title, section 2631 of title 10, or any other cargo 
preference law of the United States; 
‘‘(2) may not make such a payment for any day 
that the vessel is engaged in transporting more than 
7,500 tons of civilian bulk preference cargoes pursu-
ant to section 55302(a), 55305, or 55314 of this 
title, section 90l(a) or (b) of the Merchant Marine 
Act, 1936 (46 App. U.S.C. 124l(a), 1241(b), or 
1241(f)), that is bulk cargo; and 
‘‘(3) shall make a pro rata reduction for each 
day less than 320 in a fiscal year that the vessel is 
not operated in accordance with section 70706 of 
this title. 
‘‘(e) LIMITATIONS REGARDING NONCONTIGUOUS DO-
MESTIC TRADE.— 
‘‘(1) IN GENERAL.—No owner or operator shall 
receive payments pursuant to this chapter during a 
period in which it participates in noncontiguous do-
mestic trade. 
‘‘(2) LIMITATION ON APPLICATION.—Paragraph 
(1) shall not apply to a owner or operator that is a 
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citizen of the United States within the meaning of 
section 50501 of this title, applying the 75 percent 
ownership requirement of that section. 
‘‘(3) PARTICIPATES
IN
A
NONCONTIGUOUS 
TRADE DEFINED.—In this subsection the term ‘par-
ticipates in a noncontiguous domestic trade’ means 
directly or indirectly owns, charters, or operates a 
vessel engaged in transportation of cargo between a 
point in the contiguous 48 States and a point in 
Alaska, Hawaii, or Puerto Rico, other than a point 
in Alaska north of the Arctic Circle. 
‘‘§ 70708. National security requirements 
‘‘(a) EMERGENCY PREPAREDNESS AGREEMENT RE-
QUIRED.—The Secretary of Transportation, in coordina-
tion with the Secretary of Defense, shall establish an 
emergency preparedness program under this section under 
which the owner or operator of a vessel covered by an op-
erating agreement under this chapter shall agree, as a 
condition of the operating agreement, to enter into an 
emergency preparedness agreement with the Secretaries. 
Each such emergency preparedness agreement shall be en-
tered into as promptly as practicable after the owner or 
operator has entered into the operating agreement. 
‘‘(b) TERMS
OF AGREEMENT.—The terms of an 
agreement under this section— 
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‘‘(1) shall provide that upon request by the Sec-
retary of Defense during time of war or national 
emergency, or whenever determined by the Secretary 
of Defense to be necessary for national security or 
contingency operation (as that term is defined in 
section 101 of title 10), the owner or operator shall 
make available commercial transportation resources 
(including services) described in subsection (d) to 
the Secretary of Defense; 
‘‘(2) shall include such additional terms as may 
be established by the Secretary of Transportation 
and the Secretary of Defense; and 
‘‘(3) shall allow for the modification or addition 
of terms upon agreement by the Secretary of Trans-
portation and the owner or operator and the ap-
proval by the Secretary of Defense. 
‘‘(c) PARTICIPATION AFTER EXPIRATION OF OPER-
ATING
AGREEMENT.—Except as provided by section 
70706 of this title, the Secretary may not require, through 
an emergency preparedness agreement or an operating 
agreement, that an owner or operator of a vessel covered 
by an operating agreement continue to participate in an 
emergency preparedness agreement after the operating 
agreement has expired according to its terms or is other-
wise no longer in effect. After the expiration of an emer-
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gency preparedness agreement, a owner or operator may 
voluntarily continue to participate in the agreement. 
‘‘(d) RESOURCES MADE AVAILABLE.—The commer-
cial transportation resources to be made available under 
an emergency preparedness agreement shall include ves-
sels or capacity in vessels, terminal facilities, management 
services, and other related services, or any agreed portion 
of such nonvessel resources for activation as the Secretary 
of Defense may determine to be necessary, seeking to min-
imize disruption of the owner or operator’s service to com-
mercial customers. 
‘‘(e) COMPENSATION.— 
‘‘(1) IN GENERAL.—Each emergency prepared-
ness agreement under this section shall provide that 
the Secretary of Defense shall pay fair and reason-
able compensation for all commercial transportation 
resources provided pursuant to this section. 
‘‘(2) SPECIFIC REQUIREMENTS.—Compensation 
under this subsection— 
‘‘(A) shall not be less than the owner or 
operator’s commercial market charges for like 
transportation resources; 
‘‘(B) shall be fair and reasonable consid-
ering all circumstances; 
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‘‘(C) shall be provided from the time that 
a vessel or resource is required by the Secretary 
of Defense until the time it is redelivered to the 
owner or operator and is available to reenter 
commercial service; and 
‘‘(D) shall be in addition to and shall not 
in any way reflect amounts payable under sec-
tion 70707 of this title. 
‘‘(f) TEMPORARY REPLACEMENT VESSELS.—Not-
withstanding section 55302(a), 55304, 55305, or 55314 
of this title, section 2631 of title 10, or any other cargo 
preference law of the United States— 
‘‘(1) an owner or operator may operate or em-
ploy in foreign commerce a foreign-flag vessel or for-
eign-flag vessel capacity as a temporary replacement 
for a vessel of the United States or vessel of the 
United States capacity that is activated by the Sec-
retary of Defense under an emergency preparedness 
agreement or a primary Department of Defense sea-
lift readiness program; and 
‘‘(2) such replacement vessel or vessel capacity 
shall be eligible during the replacement period to 
transport preference cargoes subject to sections 
55302(a), 55304, 55305, and 55314 of this title and 
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section 2631 of title 10 to the same extent as the 
eligibility of the vessel or vessel capacity replaced. 
‘‘(g) REDELIVERY AND LIABILITY OF THE UNITED 
STATES FOR DAMAGES.— 
‘‘(1) IN
GENERAL.—All commercial transpor-
tation resources activated under an emergency pre-
paredness agreement shall, upon termination of the 
period of activation, be redelivered to the owner or 
operator in the same good order and condition as 
when received, less ordinary wear and tear, or the 
Secretary of Defense shall fully compensate the 
owner or operator for any necessary repair or re-
placement. 
‘‘(2) LIMITATION ON UNITED STATES LIABIL-
ITY.—Except as may be expressly agreed in an 
emergency preparedness agreement, or as otherwise 
provided by law, the Government shall not be liable 
for disruption of an owner or operator’s commercial 
business or other consequential damages to an owner 
or operator arising from the activation of commer-
cial transportation resources under an emergency 
preparedness agreement. 
‘‘§ 70709. Regulatory relief 
‘‘(a) OPERATION
IN
FOREIGN
COMMERCE.—An 
owner or operator for a vessel included in an operating 
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agreement under this chapter may operate the vessel in 
the foreign commerce of the United States without restric-
tion. 
‘‘(b) OTHER RESTRICTIONS.—The restrictions of sec-
tion 55305(a) of this title concerning the building, rebuild-
ing, or documentation of a vessel in a foreign country shall 
not apply to a vessel for any day the operator of the vessel 
is receiving payments for the operation of that vessel 
under an operating agreement under this chapter. 
‘‘(c) TELECOMMUNICATIONS EQUIPMENT.—The tele-
communications and other electronic equipment on an ex-
isting vessel that is redocumented under the laws of the 
United States for operation under an operating agreement 
under this chapter shall be deemed to satisfy all Federal 
Communications Commission equipment certification re-
quirements, if— 
‘‘(1) such equipment complies with all applica-
ble international agreements and associated guide-
lines as determined by the country in which the ves-
sel was documented immediately before becoming 
documented under the laws of the United States; 
‘‘(2) that country has not been identified by the 
Secretary as inadequately enforcing international 
regulations as to that vessel; and 
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‘‘(3) at the end of its useful life, such equip-
ment shall be replaced with equipment that meets 
Federal Communications Commission equipment 
certification standards. 
‘‘§ 70710. Special rule regarding age of participating 
Fleet vessels 
‘‘Any age restriction under section 70702(b)(4) of 
this title shall not apply to a participating Fleet vessel 
during the 30-month period beginning on the date the ves-
sel begins operating under an operating agreement under 
this chapter, if the Secretary of Transportation determines 
that the owner or operator of the vessel has entered into 
an arrangement to obtain and operate under the operating 
agreement for the participating Fleet vessel a replacement 
vessel that, upon commencement of such operation, will 
be eligible to be included in the Fleet under section 
70702(b) of this title. 
‘‘§ 70711. Regulations 
‘‘The Secretary of Transportation and the Secretary 
of Defense may each prescribe rules as necessary to carry 
out their respective responsibilities under this chapter. 
‘‘§ 70712. Authorization of appropriations 
‘‘There is authorized to be appropriated for payments 
under section 70707, $60,000,000 for each of fiscal years 
2021 through 2035, to remain available until expended. 
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‘‘§ 70713. Acquisition of Fleet vessels 
‘‘(a) IN GENERAL.—Upon replacement of a Fleet 
Vessel under an operating agreement under this chapter, 
and subject to agreement by the owner or operator of the 
vessel, the Secretary of Transportation is authorized, sub-
ject to the concurrence of the Secretary of Defense, to ac-
quire the vessel being replaced for inclusion in the Na-
tional Defense Reserve Fleet. 
‘‘(b) REQUIREMENTS.—To be eligible for acquisition 
by the Secretary of Transportation under this section a 
vessel shall— 
‘‘(1) have been covered by an operating agree-
ment under this chapter for not less than three 
years; and 
‘‘(2) meet recapitalization requirements for the 
Ready Reserve Force. 
‘‘(c) FAIR MARKET VALUE.—A fair market value 
shall be established by the Maritime Administration for 
acquisition of an eligible vessel under this section. 
‘‘(d) APPROPRIATIONS.—Vessel acquisitions under 
this section shall be subject to the availability of appro-
priations. Amounts made available to carry out this sec-
tion shall be derived from amounts authorized to be appro-
priated for the National Defense Reserve Fleet. Amounts 
authorized to be appropriated to carry out the Maritime 
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Security Program may not be use to carry out this sec-
tion.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters 
for subtitle VII of title 46, United States Code, is amend-
ed by adding at the end the following: 
‘‘707. Tanker Security Fleet .................................................................... 70701’’. 
(c) DEADLINE FOR ACCEPTING APPLICATIONS.— 
(1) IN GENERAL.—The Secretary of Transpor-
tation shall begin accepting applications for enroll-
ment of vessels in the Tanker Security Fleet estab-
lished under chapter 707 of title 46, United States 
Code, as added by subsection (a), by not later than 
30 days after the date of the enactment of this Act. 
(2) APPROVAL.—Not later than 90 days after 
receipt of an application for the enrollment of a ves-
sel in the Tanker Security Fleet, the Secretary, in 
coordination with the Secretary of Defense shall— 
(A) approve the application and enter into 
an operating agreement with the applicant; or 
(B) provide to the applicant a written ex-
planation for the denial of the application. 
Subtitle C—Cable Security Fleet 
SEC. 3521. ESTABLISHMENT OF CABLE SECURITY FLEET. 
(a) IN GENERAL.—Title 46, United States Code, is 
amended by inserting before chapter 533 the following 
new chapter: 
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‘‘CHAPTER 532—CABLE SECURITY FLEET 
‘‘Sec. 
‘‘53201. Definitions. 
‘‘53202. Establishment of the Cable Security Fleet. 
‘‘53203. Award of operating agreements. 
‘‘53204. Effectiveness of operating agreements. 
‘‘53205. Obligations and rights under operating agreements. 
‘‘53206. Payments. 
‘‘53207. National security requirements. 
‘‘53208. Regulatory relief. 
‘‘53209. Authorization of appropriations. 
‘‘§ 53201. Definitions 
‘‘In this chapter: 
‘‘(1) CABLE SERVICES.—The term ‘cable serv-
ices’ means the installation, maintenance, or repair 
of submarine cables and related equipment, and re-
lated cable vessel operations. 
‘‘(2) CABLE VESSEL.—The term ‘cable vessel’ 
means a vessel— 
‘‘(A) classed as a cable ship or cable vessel 
by, and designed in accordance with the rules 
of, the American Bureau of Shipping, or an-
other classification society accepted by the Sec-
retary; and 
‘‘(B) capable of installing, maintaining, 
and repairing submarine cables. 
‘‘(3) CABLE FLEET.—The term ‘Cable Fleet’ 
means the Cable Security Fleet established under 
section 53202(a). 
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‘‘(4) CONTINGENCY
AGREEMENT.—The term 
‘Contingency Agreement’ means the agreement re-
quired by section 53207. 
‘‘(5) CONTRACTOR.—The term ‘Contractor’ 
means an owner or operator of a vessel that enters 
into an Operating Agreement for a cable vessel with 
the Secretary under section 53203. 
‘‘(6) FISCAL
YEAR.—The term ‘fiscal year’ 
means any annual period beginning on October 1 
and ending on September 30. 
‘‘(7) OPERATING
AGENCY.—The term ‘Oper-
ating Agency’ means that agency or component of 
the Department of Defense so designated by the 
Secretary of Defense under this chapter. 
‘‘(8) OPERATING
AGREEMENT
OR
AGREE-
MENT.—The 
terms 
‘Operating 
Agreement’ 
or 
‘Agreement’ mean the agreement required by section 
53203. 
‘‘(9) PERSON.—The term ‘person’ includes cor-
porations, partnerships, and associations existing 
under or authorized by the laws of the United 
States, or any State, Territory, District, or posses-
sion thereof, or of any foreign country. 
‘‘(10) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of Transportation. 
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‘‘(11) UNITED
STATES.—The term ‘United 
States’ includes the States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Northern 
Mariana Islands, Guam, American Samoa, and the 
Virgin Islands. 
‘‘(12) UNITED STATES CITIZEN TRUST.— 
‘‘(A) Subject to paragraph (C), the term 
‘United States citizen trust’ means a trust that 
is qualified under this paragraph. 
‘‘(B) A trust is qualified under this para-
graph with respect to a vessel only if— 
‘‘(i) it was created under the laws of 
a state of the United States; 
‘‘(ii) each of the trustees is a citizen 
of the United States; and 
‘‘(iii) the application for documenta-
tion of the vessel under chapter 121 of this 
title includes the affidavit of each trustee 
stating that the trustee is not aware of any 
reason involving a beneficiary of the trust 
that is not a citizen of the United States, 
or involving any other person that is not a 
citizen of the United States, as a result of 
which the beneficiary or other person 
would hold more than 25 percent of the 
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aggregate power to influence, or limit the 
exercise of the authority of, the trustee 
with respect to matters involving any own-
ership or operation of the vessel that may 
adversely affect the interests of the United 
States. 
‘‘(C) If any person that is not a citizen of 
the United States has authority to direct, or 
participate in directing, the trustee for a trust 
in matters involving any ownership or operation 
of the vessel that may adversely affect the in-
terests of the United States or in removing a 
trustee for a trust without cause, either directly 
or indirectly through the control of another per-
son, the trust is not qualified under this para-
graph unless the trust instrument provides that 
persons who are not citizens of the United 
States may not hold more than 25 percent of 
the aggregate authority to direct or remove a 
trustee. 
‘‘(D) This paragraph shall not be consid-
ered to prohibit a person who is not a citizen 
of the United States from holding more than 25 
percent of the beneficial interest in a trust. 
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‘‘§ 53202. Establishment of the Cable Security Fleet 
‘‘(a) IN GENERAL.— 
‘‘(1) The Secretary, in consultation with the 
Operating Agency, shall establish a fleet of active, 
commercially viable, cable vessels to meet national 
security requirements. The fleet shall consist of pri-
vately owned, United States-documented cable ves-
sels for which there are in effect Operating Agree-
ments under this chapter, and shall be known as the 
Cable Security Fleet. 
‘‘(2) The Fleet described under this section 
shall include two vessels. 
‘‘(b) VESSEL ELIGIBILITY.—A cable vessel is eligible 
to be included in the Fleet if— 
‘‘(1) the vessel meets the requirements of para-
graph (1), (2), (3), or (4) of subsection (c); 
‘‘(2) the vessel is operated (or in the case of a 
vessel to be constructed, will be operated) in com-
mercial service providing cable services; 
‘‘(3) the vessel is 40 years of age or less on the 
date the vessel is included in the Fleet; 
‘‘(4) the vessel is— 
‘‘(A) determined by the Operating Agency 
to be suitable for engaging in cable services by 
the United States in the interest of national se-
curity; and 
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‘‘(B) determined by the Secretary to be 
commercially viable, whether independently or 
taking any payments which are the consequence 
of participation in the Cable Fleet into account; 
and 
‘‘(5) the vessel— 
‘‘(A) is a United States-documented vessel; 
or 
‘‘(B) is not a United States-documented 
vessel, but— 
‘‘(i) the owner of the vessel has dem-
onstrated an intent to have the vessel doc-
umented under chapter 121 of this title if 
it is included in the Cable Fleet; and 
‘‘(ii) at the time an Operating Agree-
ment is entered into under this chapter, 
the vessel is eligible for documentation 
under chapter 121 of this title. 
‘‘(c) REQUIREMENTS REGARDING CITIZENSHIP OF 
OWNERS AND OPERATORS.— 
‘‘(1) VESSELS OWNED AND OPERATED BY SEC-
TION 50501 CITIZENS.—A vessel meets the require-
ments of this paragraph if, during the period of an 
Operating Agreement under this chapter that applies 
to the vessel, the vessel will be owned and operated 
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by one or more persons that are citizens of the 
United states under section 50501 of this title. 
‘‘(2) VESSELS OWNED BY A SECTION 50501 CIT-
IZEN, OR
UNITED
STATES
CITIZEN
TRUST, AND 
CHARTERED
TO
A
DOCUMENTATION
CITIZEN.—A 
vessel meets the requirements of this paragraph if— 
‘‘(A) during the period of an Operating 
Agreement under this chapter that applies to 
the vessel, the vessel will be— 
‘‘(i) owned by a person that is a cit-
izen of the United States under section 
50501 of this title or that is a United 
States citizen trust; and 
‘‘(ii) demise chartered to and operated 
by a person— 
‘‘(I) that is eligible to document 
the vessel under chapter 121 of this 
title; 
‘‘(II) the chairman of the board 
of directors, chief executive officer, 
and a majority of the members of the 
board of directors of which are citi-
zens of the United States under sec-
tion 50501 of this title, and are ap-
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pointed and subject to removal only 
upon approval by the Secretary; and 
‘‘(III) that certifies to the Sec-
retary that there are no treaties, stat-
utes, regulations, or other laws that 
would prohibit the Contractor for the 
vessel from performing its obligations 
under an Operating Agreement under 
this chapter; 
‘‘(B) in the case of a vessel that will be de-
mise chartered to a person that is owned or 
controlled by another person that is not a cit-
izen of the United States under section 50501 
of this title, the other person enters into an 
agreement with the Secretary not to influence 
the operation of the vessel in a manner that will 
adversely affect the interests of the United 
States; and 
‘‘(C) the Secretary and the Operating 
Agency notify the Committee on Armed Serv-
ices and the Committee on Commerce, Science 
and Transportation of the Senate, and the 
Committee on Armed Services of the House of 
Representatives that they concur, and have re-
viewed the certification required under subpara-
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graph (A)(ii)(III) and determined that there are 
no legal, operational, or other impediments that 
would prohibit the Contractor for the vessel 
from performing its obligations under an Oper-
ating Agreement under this chapter. 
‘‘(3) VESSEL OWNED AND OPERATED BY A DE-
FENSE CONTRACTOR.—A vessel meets the require-
ments of this paragraph if— 
‘‘(A) during the period of an Operating 
Agreement under this chapter that applies to 
the vessel, the vessel will be owned and oper-
ated by a person that— 
‘‘(i) is eligible to document a vessel 
under chapter 121 of this title; 
‘‘(ii) 
operates 
or 
manages 
other 
United States-documented vessels for the 
Secretary of Defense, or charters other 
vessels to the Secretary of Defense; 
‘‘(iii) has entered into a special secu-
rity agreement for purposes of this para-
graph with the Secretary of Defense; 
‘‘(iv) makes the certification described 
in paragraph (2)(A)(ii)(III); and 
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‘‘(v) in the case of a vessel described 
in paragraph (2)(B), enters into an agree-
ment referred to in that paragraph; and 
‘‘(B) the Secretary and the Secretary of 
Defense notify the Committee on Armed Serv-
ices and Committee on Commerce, Science, and 
Transportation of the Senate and the Com-
mittee on Armed Services of the House of Rep-
resentatives that they have reviewed the certifi-
cation required by subparagraph (A)(iv) and de-
termined that there are no other legal, oper-
ational, or other impediments that would pro-
hibit the Contractor for the vessel from per-
forming its obligations under an Operating 
Agreement under this chapter. 
‘‘(4) VESSEL
OWNED
BY
A
DOCUMENTATION 
CITIZEN AND CHARTERED TO A SECTION 50501 CIT-
IZEN.—A vessel meets the requirements of this para-
graph if, during the period of an Operating Agree-
ment under this chapter that applies to the vessel, 
the vessel will be— 
‘‘(A) owned by a person that is eligible to 
document a vessel under chapter 121 of this 
title; and 
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‘‘(B) demise chartered to a person that is 
a citizen of the United States under section 
50501 of this title. 
‘‘(d) VESSEL STANDARDS.— 
‘‘(1) CERTIFICATE
OF
INSPECTION.—A cable 
vessel which the Secretary of the Department in 
which the Coast Guard is operating determines 
meets the criteria of subsection (b) of this section 
but which, on the date of enactment of the Act, is 
not documented under chapter 121 of this title, shall 
be eligible for a certificate of inspection if that Sec-
retary determines that— 
‘‘(A) the vessel is classed by, and designed 
in accordance with the rules of, the American 
Bureau of Shipping, or another classification 
society accepted by that Secretary; 
‘‘(B) the vessel complies with applicable 
international agreements and associated guide-
lines, as determined by the country in which the 
vessel was documented immediately before be-
coming documented under chapter 121; and 
‘‘(C) that country has not been identified 
by that Secretary as inadequately enforcing 
international vessel regulations as to that ves-
sel. 
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‘‘(2) CONTINUED
ELIGIBILITY
FOR
CERTIFI-
CATE.—Paragraph (1) does not apply to a vessel 
after any date on which the vessel fails to comply 
with the applicable international agreements and as-
sociated guidelines referred to in paragraph (1)(B). 
‘‘(3) RELIANCE ON CLASSIFICATION SOCIETY.— 
‘‘(A) IN GENERAL.—The Secretary of the 
Department in which the Coast Guard is oper-
ating may rely on a certification from the 
American Bureau of Shipping or, subject to 
subparagraph (B), another classification society 
accepted by that Secretary to establish that a 
vessel is in compliance with the requirements of 
paragraphs (1) and (2). 
‘‘(B) 
FOREIGN
CLASSIFICATION
SOCI-
ETY.—The Secretary of the Department in 
which the Coast Guard is operating may accept 
certification from a foreign classification society 
under subparagraph (A) only— 
‘‘(i) to the extent that the government 
of the foreign country in which the society 
is headquartered provides access on a re-
ciprocal basis to the American Bureau of 
Shipping; and 
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‘‘(ii) if the foreign classification soci-
ety has offices and maintains records in 
the United States. 
‘‘(e) WAIVER
OF AGE REGISTRATION.—The Sec-
retary, in conjunction with the Operating Agency, may 
waive the application of the age restriction under sub-
section (b)(3) if they jointly determine that the waiver— 
‘‘(1) is in the national interest; 
‘‘(2) the subject cable vessel and any associated 
operating network is and will continue to be eco-
nomically viable; and 
‘‘(3) is necessary due to the lack of availability 
of other vessels and operators that comply with the 
requirements of this chapter. 
‘‘§ 53203. Award of operating agreements 
‘‘(a) IN GENERAL.—The Secretary shall require, as 
a condition of including any vessel in the Cable Fleet, that 
the person that is the owner or operator of the vessel for 
purposes of section 53202(c) enter into an Operating 
Agreement with the Secretary under this section. 
‘‘(b) PROCEDURE FOR APPLICATIONS.— 
‘‘(1) ACCEPTANCE OF APPLICATIONS.—Begin-
ning no later than 60 days after the effective date 
of this chapter, the Secretary shall accept applica-
tions for enrollment of vessels in the Cable Fleet. 
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‘‘(2) ACTION ON APPLICATIONS.—Within 120 
days after receipt of an application for enrollment of 
a vessel in the Cable Fleet, the Secretary shall ap-
prove the application in conjunction with the Oper-
ating Agency, and shall enter into an Operating 
Agreement with the applicant, or provide in writing 
the reason for denial of that application. 
‘‘(c) PRIORITY FOR AWARDING AGREEMENTS.—Sub-
ject to the availability of appropriations, the Secretary 
shall enter into Operating Agreements with those vessels 
determined by the Operating Agency, in its sole discretion, 
to best meet the national security requirements of the 
United States. After consideration of national security re-
quirements, priority shall be given to an applicant that 
is a United States citizen under section 50501 of this title. 
‘‘§ 53204. Effectiveness of operating agreements 
‘‘(a) EFFECTIVENESS GENERALLY.—The Secretary 
may enter into an Operating Agreement under this chap-
ter for fiscal year 2021. Except as provided in subsection 
(d), the agreement shall be effective only for one fiscal 
year, but shall be renewable, subject to available appro-
priations, for each subsequent year. 
‘‘(b) VESSELS UNDER CHARTER TO THE UNITED 
STATES.—Vessels under charter to the United States are 
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eligible to receive payments pursuant to their Operating 
Agreements. 
‘‘(c) TERMINATION.— 
‘‘(1) TERMINATION
BY
THE
SECRETARY.—If 
the Contractor with respect to an Operating Agree-
ment materially fails to comply with the terms of the 
Agreement— 
‘‘(A) the Secretary shall notify the Con-
tractor and provide a reasonable opportunity 
for it to comply with the Operating Agreement; 
‘‘(B) the Secretary shall terminate the Op-
erating Agreement if the Contractor fails to 
achieve such compliance; and 
‘‘(C) upon such termination, any funds ob-
ligated by the Agreement shall be available to 
the Secretary to carry out this chapter. 
‘‘(2) 
EARLY
TERMINATION
BY
A
CON-
TRACTOR.—An Operating Agreement under this 
chapter shall terminate on a date specified by the 
Contractor if the Contractor notifies the Secretary, 
not fewer than 60 days prior to the effective date of 
the termination, that the Contractor intends to ter-
minate the Agreement. 
‘‘(d) NONRENEWAL FOR LACK OF FUNDS.—If, by the 
first day of a fiscal year, sufficient funds have not been 
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appropriated under the authority provided by this chapter 
for that fiscal year for all Operating Agreements, then the 
Secretary shall notify the Committee on Armed Services 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Armed Services 
of the House of Representatives that Operating Agree-
ments authorized under this chapter for which sufficient 
funds are not available will not be renewed for that fiscal 
year if sufficient funds are not appropriated by the 60th 
day of that fiscal year. If only partial funding is appro-
priated by the 60th day of such fiscal year, then the Sec-
retary, in consultation with the Operating Agency, shall 
select the vessels to retain under Operating Agreements, 
based on their determinations of which vessels are most 
useful for national security. In the event that no funds 
are appropriated, then no Operating Agreements shall be 
renewed and each Contractor shall be released from its 
obligations under the Operating Agreement. Final pay-
ments under an Operating Agreement that is not renewed 
shall be made in accordance with section 53206. To the 
extent that sufficient funds are appropriated in a subse-
quent fiscal year, an Operating Agreement that has not 
been renewed pursuant to this subsection may be rein-
stated if mutually acceptable to the Secretary, in consulta-
tion with the Operating Agency, and the Contractor, pro-
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vided the vessel remains eligible for participation pursuant 
to section 53202, without regard to subsection 53202 
(b)(3). 
‘‘(e) RELEASE OF VESSELS FROM OBLIGATIONS.— 
If funds are not appropriated for payments under an Op-
erating Agreement under this chapter for any fiscal year 
by the 60th day of a fiscal year, and the Secretary, in 
consultation with the Operating Agency determines to not 
renew a Contractor’s Operating Agreement for a vessel, 
then— 
‘‘(1) each vessel covered by the Operating 
Agreement that is not renewed is thereby released 
from any further obligation under the Operating 
Agreement; 
‘‘(2) the owner or operator of the vessel whose 
Operating Agreement was not renewed may transfer 
and register such vessel under a foreign registry that 
is acceptable to the Secretary and the Operating 
Agency, notwithstanding section 56101 of this title; 
and 
‘‘(3) if chapter 563 of this title is applicable to 
such vessel after registration, then the vessel is 
available to be requisitioned by the Secretary pursu-
ant to chapter 563. 
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‘‘§ 53205. Obligations and rights under operating 
agreements 
‘‘(a) OPERATION OF VESSEL.—An Operating Agree-
ment under this chapter shall require that, during the pe-
riod the vessel is operating under the Agreement, the ves-
sel— 
‘‘(1) shall be operated in the trade for Cable 
Services, or under a charter to the United States; 
and 
‘‘(2) shall be documented under chapter 121 of 
this title. 
‘‘(b) ANNUAL PAYMENTS BY THE SECRETARY.— 
‘‘(1) IN GENERAL.—An Operating Agreement 
under this chapter shall require, subject to the avail-
ability of appropriations, that the Secretary make 
payment to the Contractor in accordance with sec-
tion 53206. 
‘‘(2) OPERATING AGREEMENT IS AN OBLIGA-
TION OF THE UNITED STATES GOVERNMENT.—An 
Operating Agreement under this chapter constitutes 
a contractual obligation of the United States Gov-
ernment to pay the amounts provided for in the Op-
erating Agreement to the extent of actual appropria-
tions. 
‘‘(c) DOCUMENTATION REQUIREMENT.—Each vessel 
covered by an Operating Agreement (including an Agree-
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ment terminated under section 53204(c)(2)) shall remain 
documented under chapter 121 of this title, until the date 
the Operating Agreement would terminate according to its 
own terms. 
‘‘(d) NATIONAL SECURITY REQUIREMENTS.— 
‘‘(1) IN GENERAL.—A Contractor with respect 
to an Operating Agreement (including an Agreement 
terminated under section 53204(c)(2)) shall continue 
to be bound by the provisions of section 53207 until 
the date the Operating Agreement would terminate 
according to its terms. 
‘‘(2) CONTINGENCY
AGREEMENT
WITH
OPER-
ATING AGENCY.—All terms and conditions of a Con-
tingency Agreement entered into under section 
53207 shall remain in effect until a date the Oper-
ating Agreement would terminate according to its 
terms, except that the terms of such Contingency 
Agreement may be modified by the mutual consent 
of the Contractor, and the Operating Agency. 
‘‘(e) TRANSFER OF OPERATING AGREEMENTS.—Op-
erating Agreements shall not be transferrable by the Con-
tractor. 
‘‘(f) REPLACEMENT VESSEL.—A Contractor may re-
place a vessel under an Operating Agreement with another 
vessel that is eligible to be included in the Fleet under 
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section 53202(b), if the Secretary and the Operating 
Agency jointly determine that the replacement vessel 
meets national security requirements and approve the re-
placement. 
‘‘§ 53206. Payments 
‘‘(a) ANNUAL PAYMENT.— 
‘‘(1) IN GENERAL.—The Secretary, subject to 
availability of appropriations and other provisions of 
this section, shall pay to the Contractor for an oper-
ating agreement, for each vessel that is covered by 
the operating agreement, an amount equal to 
$5,000,000 for each fiscal year 2021 through 2035. 
‘‘(2) TIMING.—This amount shall be paid in 
equal monthly installments at the end of each 
month. The amount shall not be reduced except as 
provided by this section. 
‘‘(b) CERTIFICATION REQUIRED FOR PAYMENT.—As 
a condition of receiving payment under this section for a 
fiscal year for a vessel, the Contractor for the vessel shall 
certify that the vessel has been and will be operated in 
accordance with section 53205(a)(1) for 365 days in each 
fiscal year. Up to thirty (30) days during which the vessel 
is drydocked, surveyed, inspected, or repaired shall be con-
sidered days of operation for purposes of this subsection. 
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‘‘(c) GENERAL LIMITATIONS.—The Secretary shall 
not make any payment under this chapter for a vessel with 
respect to any days for which the vessel is— 
‘‘(1) not operated or maintained in accordance 
with an Operating Agreement under this chapter; or 
‘‘(2) more than 40 years of age. 
‘‘(d) REDUCTIONS IN PAYMENTS.—With respect to 
payments under this chapter for a vessel covered by an 
Operating Agreement, the Secretary shall make a pro rata 
reduction for each day less than 365 in a fiscal year that 
the vessel is not operated in accordance with section 
53205(a)(1), with days during which the vessel is 
drydocked or undergoing survey, inspection or repair to 
be considered days on which the vessel is operated as pro-
vided in subsection (b). 
‘‘§ 53207. National security requirements 
‘‘(a) CONTINGENCY AGREEMENT REQUIRED.—The 
Secretary shall include in each Operating Agreement 
under this chapter a requirement that the Contractor 
enter into a Contingency Agreement with the Operating 
Agency. The Operating Agency shall negotiate and enter 
into a Contingency Agreement with each Contractor as 
promptly as practicable after the Contractor has entered 
into an Operating Agreement under this chapter. 
‘‘(b) TERMS OF CONTINGENCY AGREEMENT.— 
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‘‘(1) IN GENERAL.—A Contingency Agreement 
under this section shall require that a Contractor for 
a vessel covered by an Operating Agreement under 
this chapter make the vessel, including all necessary 
resources to engage in Cable Services required by 
the Operating Agency, available upon request by the 
Operating Agency. 
‘‘(2) TERMS.— 
‘‘(A) IN GENERAL.—The basic terms of a 
Contingency Agreement shall be established 
(subject to subparagraph (B)) by the Operating 
Agency. 
‘‘(B) ADDITIONAL TERMS.—The Operating 
Agency and a Contractor may agree to addi-
tional or modifying terms appropriate to the 
Contractor’s circumstances. 
‘‘(c) DEFENSE MEASURES AGAINST UNAUTHORIZED 
SEIZURES.— 
‘‘(1) The Contingency Agreement shall require 
that any vessel operating under the direction of the 
Operating Agency operating in area that is des-
ignated by the Coast Guard as an area of high risk 
of piracy shall be equipped with, at a minimum, ap-
propriate non-lethal defense measures to protect the 
vessel and crew from unauthorized seizure at sea. 
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‘‘(2) The Secretary of Defense and the Sec-
retary of the department in which the Coast Guard 
is operating shall jointly prescribe the non-lethal de-
fense measures that are required under this para-
graph. 
‘‘(d) PARTICIPATION AFTER EXPIRATION OF OPER-
ATING
AGREEMENT.—Except as provided by section 
53205(d), the Operating Agency may not require, through 
a Contingency Agreement or an Operating Agreement, 
that a Contractor continue to participate in a Contingency 
Agreement after the Operating Agreement with the Con-
tractor has expired according to its terms or is otherwise 
no longer in effect. 
‘‘(e) RESOURCES MADE AVAILABLE.—The resources 
to be made available in addition to the vessel under a Con-
tingency Agreement shall include all equipment, personnel, 
supplies, management services, and other related services 
as the Operating Agency may determine to be necessary 
to provide the Cable Services required by the Operating 
Agency. 
‘‘(f) COMPENSATION.— 
‘‘(1) IN
GENERAL.—The Operating Agency 
shall include in each Contingency Agreement provi-
sions under which the Operating Agency shall pay 
fair and reasonable compensation for use of the ves-
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sel and all Cable Services provided pursuant to this 
section and the Contingency Agreement. 
‘‘(2) SPECIFIC REQUIREMENTS.—Compensation 
under this subsection— 
‘‘(A) shall be at the rate specified in the 
Contingency Agreement; 
‘‘(B) shall be provided from the time that 
a vessel is required by the Operating Agency 
under the Contingency Agreement until the 
time it is made available by the Operating 
Agency available to reenter commercial service; 
and 
‘‘(C) shall be in addition to and shall not 
in any way reflect amounts payable under sec-
tion 53206. 
‘‘(g) LIABILITY OF THE UNITED STATES FOR DAM-
AGES.— 
‘‘(1) LIMITATION ON THE LIABILITY OF THE 
U.S.—Except as otherwise provided by law, the Gov-
ernment shall not be liable for disruption of a Con-
tractor’s commercial business or other consequential 
damages to a Contractor arising from the activation 
of the Contingency Agreement. 
‘‘(2) AFFIRMATIVE DEFENSE.—In any action in 
any Federal or State court for breach of third-party 
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contract, there shall be available as an affirmative 
defense that the alleged breach of contract was 
caused predominantly by action taken to carry out 
a Contingent Agreement. Such defense shall not re-
lease the party asserting it from any obligation 
under applicable law to mitigate damages to the 
greatest extent possible. 
‘‘§ 53208. Regulatory relief 
‘‘(a) APPLICABILITY OF COASTWISE LAWS.—A vessel 
covered by an Operating Agreement that is operating pur-
suant to a Contingency Agreement, shall not be subject 
to the coastwise laws (46 U.S.C. 55101 et seq.). 
‘‘(b) TELECOMMUNICATIONS EQUIPMENT.—The tele-
communications and other electronic equipment on an ex-
isting vessel that is redocumented under the laws of the 
United States for operation under an Operating Agree-
ment under this chapter shall be deemed to satisfy all Fed-
eral Communication Commission equipment certification 
requirements, if— 
‘‘(1) such equipment complies with all applica-
ble international agreements and associated guide-
lines as determined by the country in which the ves-
sel was documented immediately before becoming 
documented under the laws of the United States; 
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‘‘(2) that country has not been identified by the 
Secretary of the Department in which the Coast 
Guard is operating as inadequately enforcing inter-
national regulations as to that vessel; and 
‘‘(3) at the end of its useful life, such equip-
ment shall be replaced with equipment that meets 
Federal Communication Commission equipment cer-
tification standards. 
‘‘§ 53209. Authorization of appropriations 
‘‘There are authorized to be appropriated for pay-
ments under section 53206, $10,000,000 for each of the 
fiscal years 2021 through 2035.’’. 
(b) CONFORMING AMENDMENT.—The table of chap-
ters at the beginning of subtitle V of title 46, United 
States Code, is amended by inserting before the item relat-
ing to chapter 533 the following new item: 
‘‘532. Cable Security Fleet .............................................................53201’’. 
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DIVISION D—FUNDING TABLES 
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TA-
BLES. 
(a) IN GENERAL.—Whenever a funding table in this 
division specifies a dollar amount authorized for a project, 
program, or activity, the obligation and expenditure of the 
specified dollar amount for the project, program, or activ-
ity is hereby authorized, subject to the availability of ap-
propriations. 
(b) MERIT-BASED DECISIONS.—A decision to com-
mit, obligate, or expend funds with or to a specific entity 
on the basis of a dollar amount authorized pursuant to 
subsection (a) shall— 
(1) be based on merit-based selection proce-
dures in accordance with the requirements of sec-
tions 2304(k) and 2374 of title 10, United States 
Code, or on competitive procedures; and 
(2) comply with other applicable provisions of 
law. 
(c) RELATIONSHIP TO TRANSFER AND PROGRAM-
MING AUTHORITY.—An amount specified in the funding 
tables in this division may be transferred or repro-
grammed under a transfer or reprogramming authority 
provided by another provision of this Act or by other law. 
The transfer or reprogramming of an amount specified in 
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such funding tables shall not count against a ceiling on 
such transfers or reprogrammings under section 1001 or 
section 1512 of this Act or any other provision of law, 
unless such transfer or reprogramming would move funds 
between appropriation accounts. 
(d) APPLICABILITY TO CLASSIFIED ANNEX.—This 
section applies to any classified annex that accompanies 
this Act. 
(e) ORAL
AND WRITTEN COMMUNICATIONS.—No 
oral or written communication concerning any amount 
specified in the funding tables in this division shall super-
sede the requirements of this section. 
TITLE XLI—PROCUREMENT 
SEC. 4101. PROCUREMENT. 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2020 
Request 
House 
Authorized 
AIRCRAFT PROCUREMENT, ARMY 
FIXED WING 
002 
UTILITY F/W AIRCRAFT ........................................................................................
16,000 
Early to need ........................................................................................................
[–16,000 ] 
004 
RQ–11 (RAVEN) ........................................................................................................
23,510 
21,510 
Unit cost growth ..................................................................................................
[–2,000 ] 
ROTARY 
005 
TACTICAL UNMANNED AIRCRAFT SYSTEM (TUAS) ......................................
12,100 
12,100 
007 
HELICOPTER, LIGHT UTILITY (LUH) ...............................................................
11,000 
Program increase for sustainment improvements ................................................
[11,000 ] 
008 
AH–64 APACHE BLOCK IIIA REMAN ..................................................................
806,849 
786,009 
Unjustified cost growth ........................................................................................
[–20,840 ] 
009 
AH–64 APACHE BLOCK IIIA REMAN ..................................................................
190,870 
174,970 
Unjustified cost growth ........................................................................................
[–15,900 ] 
012 
UH–60 BLACKHAWK M MODEL (MYP) ...............................................................
1,411,540 
1,411,540 
013 
UH–60 BLACKHAWK M MODEL (MYP) ...............................................................
79,572 
79,572 
014 
UH–60 BLACK HAWK L AND V MODELS ...........................................................
169,290 
169,290 
015 
CH–47 HELICOPTER ...............................................................................................
140,290 
131,290 
Unit cost growth ..................................................................................................
[–9,000 ] 
016 
CH–47 HELICOPTER ...............................................................................................
18,186 
46,186 
Advanced procurement for CH–47F Block II .....................................................
[28,000 ] 
MODIFICATION OF AIRCRAFT 
019 
UNIVERSAL GROUND CONTROL EQUIPMENT (UAS) ....................................
2,090 
2,090 
020 
GRAY EAGLE MODS2 ..............................................................................................
14,699 
14,699 
021 
MULTI SENSOR ABN RECON (MIP) ....................................................................
35,189 
35,189 
022 
AH–64 MODS .............................................................................................................
58,172 
58,172 
023 
CH–47 CARGO HELICOPTER MODS (MYP) ........................................................
11,785 
6,785 
Unobligated balances ...........................................................................................
[–5,000 ] 
024 
GRCS SEMA MODS (MIP) .......................................................................................
5,677 
5,677 
025 
ARL SEMA MODS (MIP) ..........................................................................................
6,566 
6,566 
026 
EMARSS SEMA MODS (MIP) ..................................................................................
3,859 
3,859 
027 
UTILITY/CARGO AIRPLANE MODS ......................................................................
15,476 
13,476 
Unit cost discrepancy ...........................................................................................
[–2,000 ] 
028 
UTILITY HELICOPTER MODS ..............................................................................
6,744 
6,744 
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SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2020 
Request 
House 
Authorized 
029 
NETWORK AND MISSION PLAN ..........................................................................
105,442 
98,442 
Cost growth ..........................................................................................................
[–7,000 ] 
030 
COMMS, NAV SURVEILLANCE ..............................................................................
164,315 
164,315 
032 
GATM ROLLUP .........................................................................................................
30,966 
30,966 
033 
RQ–7 UAV MODS ......................................................................................................
8,983 
38,983 
Program increase .................................................................................................
[30,000 ] 
034 
UAS MODS .................................................................................................................
10,205 
10,205 
GROUND SUPPORT AVIONICS 
035 
AIRCRAFT SURVIVABILITY EQUIPMENT .........................................................
52,297 
52,297 
036 
SURVIVABILITY CM ................................................................................................
8,388 
8,388 
037 
CMWS ..........................................................................................................................
13,999 
13,999 
038 
COMMON INFRARED COUNTERMEASURES (CIRCM) .....................................
168,784 
168,784 
OTHER SUPPORT 
039 
AVIONICS SUPPORT EQUIPMENT .......................................................................
1,777 
1,777 
040 
COMMON GROUND EQUIPMENT .........................................................................
18,624 
18,624 
041 
AIRCREW INTEGRATED SYSTEMS .....................................................................
48,255 
48,255 
042 
AIR TRAFFIC CONTROL ........................................................................................
32,738 
32,738 
044 
LAUNCHER, 2.75 ROCKET .....................................................................................
2,201 
2,201 
045 
LAUNCHER GUIDED MISSILE: LONGBOW HELLFIRE XM2 .........................
991 
991 
TOTAL AIRCRAFT PROCUREMENT, ARMY ............................................
3,696,429 
3,687,689 
MISSILE PROCUREMENT, ARMY 
SURFACE-TO-AIR MISSILE SYSTEM 
001 
SYSTEM INTEGRATION AND TEST PROCUREMENT .....................................
113,857 
113,857 
002 
M-SHORAD—PROCUREMENT ...............................................................................
103,800 
56,800 
Early to need ........................................................................................................
[–47,000 ] 
003 
MSE MISSILE ............................................................................................................
698,603 
698,603 
004 
INDIRECT FIRE PROTECTION CAPABILITY INC 2–I .....................................
9,337 
9,337 
AIR-TO-SURFACE MISSILE SYSTEM 
006 
HELLFIRE SYS SUMMARY ....................................................................................
193,284 
173,284 
Unit cost growth ..................................................................................................
[–20,000 ] 
007 
JOINT AIR-TO-GROUND MSLS (JAGM) ...............................................................
233,353 
198,353 
Contract and schedule delays ...............................................................................
[–35,000 ] 
ANTI-TANK/ASSAULT MISSILE SYS 
008 
JAVELIN (AAWS-M) SYSTEM SUMMARY ............................................................
138,405 
138,405 
009 
TOW 2 SYSTEM SUMMARY ....................................................................................
114,340 
110,340 
Unit cost growth ..................................................................................................
[–4,000 ] 
010 
TOW 2 SYSTEM SUMMARY ....................................................................................
10,500 
10,500 
011 
GUIDED MLRS ROCKET (GMLRS) .......................................................................
797,213 
767,213 
Program adjustment ............................................................................................
[–30,000 ] 
012 
MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) .................................
27,555 
27,555 
014 
ARMY TACTICAL MSL SYS (ATACMS)—SYS SUM ............................................
209,842 
184,842 
Excess to need ......................................................................................................
[–25,000 ] 
MODIFICATIONS 
016 
PATRIOT MODS ........................................................................................................
279,464 
279,464 
017 
ATACMS MODS .........................................................................................................
85,320 
80,320 
Unit cost growth ..................................................................................................
[–5,000 ] 
018 
GMLRS MOD ..............................................................................................................
5,094 
5,094 
019 
STINGER MODS .......................................................................................................
81,615 
81,615 
020 
AVENGER MODS ......................................................................................................
14,107 
14,107 
021 
ITAS/TOW MODS ......................................................................................................
3,469 
3,469 
022 
MLRS MODS ..............................................................................................................
39,019 
39,019 
023 
HIMARS MODIFICATIONS .....................................................................................
12,483 
12,483 
SPARES AND REPAIR PARTS 
024 
SPARES AND REPAIR PARTS ...............................................................................
26,444 
26,444 
SUPPORT EQUIPMENT & FACILITIES 
025 
AIR DEFENSE TARGETS .......................................................................................
10,593 
10,593 
TOTAL MISSILE PROCUREMENT, ARMY ................................................
3,207,697 
3,041,697 
PROCUREMENT OF W&TCV, ARMY 
TRACKED COMBAT VEHICLES 
002 
ARMORED MULTI PURPOSE VEHICLE (AMPV) ...............................................
264,040 
259,040 
Unit cost discrepancy ...........................................................................................
[–5,000 ] 
MODIFICATION OF TRACKED COMBAT VEHICLES 
003 
STRYKER (MOD) ......................................................................................................
144,387 
393,587 
Accelerate Stryker medium caliber weapon system—Army unfunded priority ...
[249,200 ] 
004 
STRYKER UPGRADE ...............................................................................................
550,000 
550,000 
005 
BRADLEY PROGRAM (MOD) .................................................................................
638,781 
573,781 
Program delay ......................................................................................................
[–65,000 ] 
006 
M109 FOV MODIFICATIONS ..................................................................................
25,756 
25,756 
007 
PALADIN INTEGRATED MANAGEMENT (PIM) ................................................
553,425 
553,425 
009 
ASSAULT BRIDGE (MOD) ......................................................................................
2,821 
2,821 
010 
ASSAULT BREACHER VEHICLE ..........................................................................
31,697 
31,697 
011 
M88 FOV MODS ........................................................................................................
4,500 
4,500 
012 
JOINT ASSAULT BRIDGE ......................................................................................
205,517 
205,517 
013 
M1 ABRAMS TANK (MOD) ......................................................................................
348,800 
408,800 
Vehicle protection system for one armored brigade .............................................
[60,000 ] 
014 
ABRAMS UPGRADE PROGRAM .............................................................................
1,752,784 
1,752,784 
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1904 
HR 2500 PCS
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2020 
Request 
House 
Authorized 
WEAPONS & OTHER COMBAT VEHICLES 
016 
MULTI-ROLE ANTI-ARMOR ANTI-PERSONNEL WEAPON S ..........................
19,420 
19,420 
017 
GUN AUTOMATIC 30MM M230 ..............................................................................
20,000 
20,000 
019 
MORTAR SYSTEMS ..................................................................................................
14,907 
14,907 
020 
XM320 GRENADE LAUNCHER MODULE (GLM) ...............................................
191 
191 
021 
PRECISION SNIPER RIFLE ...................................................................................
7,977 
7,977 
022 
COMPACT SEMI-AUTOMATIC SNIPER SYSTEM ...............................................
9,860 
9,860 
023 
CARBINE ....................................................................................................................
30,331 
30,331 
024 
SMALL ARMS—FIRE CONTROL ...........................................................................
8,060 
Late contract award .............................................................................................
[–8,000 ] 
025 
COMMON REMOTELY OPERATED WEAPONS STATION ................................
24,007 
24,007 
026 
HANDGUN .................................................................................................................
6,174 
6,174 
MOD OF WEAPONS AND OTHER COMBAT VEH 
028 
MK–19 GRENADE MACHINE GUN MODS ...........................................................
3,737 
3,737 
029 
M777 MODS ...............................................................................................................
2,367 
2,367 
030 
M4 CARBINE MODS .................................................................................................
17,595 
17,595 
033 
M240 MEDIUM MACHINE GUN MODS ................................................................
8,000 
8,000 
034 
SNIPER RIFLES MODIFICATIONS .......................................................................
2,426 
2,426 
035 
M119 MODIFICATIONS ...........................................................................................
6,269 
6,269 
036 
MORTAR MODIFICATION ......................................................................................
1,693 
1,693 
037 
MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV) ........................................
4,327 
4,327 
SUPPORT EQUIPMENT & FACILITIES 
038 
ITEMS LESS THAN $5.0M (WOCV-WTCV) ...........................................................
3,066 
3,066 
039 
PRODUCTION BASE SUPPORT (WOCV-WTCV) .................................................
2,651 
2,651 
TOTAL PROCUREMENT OF W&TCV, ARMY ...........................................
4,715,566 
4,946,766 
PROCUREMENT OF AMMUNITION, ARMY 
SMALL/MEDIUM CAL AMMUNITION 
001 
CTG, 5.56MM, ALL TYPES ......................................................................................
68,949 
63,949 
Prior-year carryover .............................................................................................
[–5,000 ] 
002 
CTG, 7.62MM, ALL TYPES ......................................................................................
114,228 
111,228 
Prior-year carryover .............................................................................................
[–3,000 ] 
003 
CTG, HANDGUN, ALL TYPES ...............................................................................
17,807 
12,807 
Program adjustment ............................................................................................
[–5,000 ] 
004 
CTG, .50 CAL, ALL TYPES .....................................................................................
63,966 
63,966 
005 
CTG, 20MM, ALL TYPES .........................................................................................
35,920 
27,920 
Unit cost growth ..................................................................................................
[–8,000 ] 
006 
CTG, 25MM, ALL TYPES .........................................................................................
8,990 
8,990 
007 
CTG, 30MM, ALL TYPES .........................................................................................
68,813 
57,229 
Prior-year carry over ............................................................................................
[–1,134 ] 
Program adjustment ............................................................................................
[–10,450 ] 
008 
CTG, 40MM, ALL TYPES .........................................................................................
103,952 
103,952 
MORTAR AMMUNITION 
009 
60MM MORTAR, ALL TYPES .................................................................................
50,580 
49,580 
Unit cost discrepancy ...........................................................................................
[–1,000 ] 
010 
81MM MORTAR, ALL TYPES .................................................................................
59,373 
44,673 
Contract delays ....................................................................................................
[–14,700 ] 
011 
120MM MORTAR, ALL TYPES ...............................................................................
125,452 
123,452 
Unit cost growth ..................................................................................................
[–2,000 ] 
TANK AMMUNITION 
012 
CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES .................................
171,284 
113,084 
Unit cost growth ..................................................................................................
[–58,200 ] 
ARTILLERY AMMUNITION 
013 
ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES ...............................
44,675 
44,675 
014 
ARTILLERY PROJECTILE, 155MM, ALL TYPES ...............................................
266,037 
266,037 
015 
PROJ 155MM EXTENDED RANGE M982 .............................................................
57,434 
57,434 
016 
ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ............................
271,602 
265,602 
Cost growth and unjustified product improvements ............................................
[–6,000 ] 
MINES 
017 
MINES & CLEARING CHARGES, ALL TYPES ....................................................
55,433 
39,433 
Contract delay ......................................................................................................
[–16,000 ] 
ROCKETS 
018 
SHOULDER LAUNCHED MUNITIONS, ALL TYPES .........................................
74,878 
74,878 
019 
ROCKET, HYDRA 70, ALL TYPES ........................................................................
175,994 
165,994 
Excess support costs ............................................................................................
[–10,000 ] 
OTHER AMMUNITION 
020 
CAD/PAD, ALL TYPES ............................................................................................
7,595 
7,595 
021 
DEMOLITION MUNITIONS, ALL TYPES .............................................................
51,651 
51,651 
022 
GRENADES, ALL TYPES ........................................................................................
40,592 
40,592 
023 
SIGNALS, ALL TYPES .............................................................................................
18,609 
18,609 
024 
SIMULATORS, ALL TYPES ....................................................................................
16,054 
16,054 
MISCELLANEOUS 
025 
AMMO COMPONENTS, ALL TYPES ......................................................................
5,261 
5,261 
026 
NON-LETHAL AMMUNITION, ALL TYPES .........................................................
715 
715 
027 
ITEMS LESS THAN $5 MILLION (AMMO) ..........................................................
9,213 
9,213 
028 
AMMUNITION PECULIAR EQUIPMENT .............................................................
10,044 
10,044 
029 
FIRST DESTINATION TRANSPORTATION (AMMO) .........................................
18,492 
18,492 
030 
CLOSEOUT LIABILITIES .......................................................................................
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