1117 
‘‘SEC. 4646. NOTIFICATION OF NUCLEAR CRITICALITY AND 
NON-NUCLEAR INCIDENTS. 
‘‘(a) NOTIFICATION.—The Secretary of Energy and 
the Administrator, as the case may be, shall submit to 
the appropriate congressional committees a notification of 
a nuclear criticality incident resulting from a covered pro-
gram that results in an injury or fatality or results in the 
shut-down, or partial shut-down, of a covered facility by 
not later than 15 days after the date of such incident. 
‘‘(b) ELEMENTS OF NOTIFICATION.—Each notifica-
tion submitted under subsection (a) shall include the fol-
lowing: 
‘‘(1) A description of the incident, including the 
cause of the incident. 
‘‘(2) In the case of a criticality incident, wheth-
er the incident caused a facility, or part of a facility, 
to be shut-down. 
‘‘(3) The affect, if any, on the mission of the 
Administration or the Office of Environmental Man-
agement of the Department of Energy. 
‘‘(4) Any corrective action taken in response to 
the incident. 
‘‘(c) DATABASE.—(1) The Secretary and the Admin-
istrator shall each maintain a record of incidents described 
in paragraph (2).
1118 
‘‘(2) An incident described in this paragraph is any 
of the following incidents resulting from a covered pro-
gram: 
‘‘(A) A nuclear criticality incident that results 
in an injury or fatality or results in the shut-down, 
or partial shut-down, of a covered facility. 
‘‘(B) A non-nuclear incident that results in seri-
ous bodily injury or fatality at a covered facility. 
‘‘(d) COOPERATION.—In carrying out this section, 
the Secretary and the Administrator shall ensure that 
each management and operating contractor of a covered 
facility cooperates in a timely manner. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘appropriate congressional com-
mittees’ means— 
‘‘(A) the congressional defense committees; 
and 
‘‘(B) the Committee on Energy and Com-
merce of the House of Representatives and the 
Committee on Energy and Natural Resources of 
the Senate. 
‘‘(2) The term ‘covered facility’ means— 
‘‘(A) a facility of the nuclear security en-
terprise; and
1119 
‘‘(B) a facility conducting activities for the 
defense environmental cleanup program of the 
Office of Environmental Management of the 
Department of Energy. 
‘‘(3) The term ‘covered program’ means— 
‘‘(A) programs of the Administration; and 
‘‘(B) defense environmental cleanup pro-
grams of the Office of Environmental Manage-
ment of the Department of Energy.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents at the beginning of the Atomic Energy Defense 
Act is amended by inserting after the item relating 
to section 4645 the following new item: 
‘‘Sec. 4646. Notification of nuclear criticality and non-nuclear incidents.’’. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary 
of Energy and the Administrator for Nuclear Secu-
rity shall each submit to the appropriate congres-
sional committees a report detailing any incidents 
described in paragraph (2) that occurred during the 
10-year period before the date of the report. 
(2) INCIDENTS
DESCRIBED.—An incident de-
scribed in this paragraph is any of the following inci-
dents that occurred as a result of programs of the 
National Nuclear Security Administration or defense
1120 
environmental cleanup programs of the Office of En-
vironmental Management of the Department of En-
ergy: 
(A) A nuclear criticality incident that re-
sulted in an injury or fatality or resulted in the 
shut-down, or partial shut-down, of a facility of 
the nuclear security enterprise or a facility con-
ducting activities for such defense environ-
mental cleanup programs. 
(B) A non-nuclear incident that results in 
serious bodily injury or fatality at such a facil-
ity. 
(3) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—In this subsection, the term ‘‘appropriate 
congressional committees’’ means— 
(A) the congressional defense committees; 
and 
(B) the Committee on Energy and Com-
merce of the House of Representatives and the 
Committee on Energy and Natural Resources of 
the Senate. 
SEC. 3142. REPORTS ON LIFETIME EXTENSION PROGRAMS. 
(a) PROTOTYPES.—The Atomic Energy Defense Act 
(50 U.S.C. 2501 et seq.) is amended by inserting after 
section 4214 the following new section:
1121 
‘‘SEC. 4215. REPORTS ON LIFETIME EXTENSION PROGRAMS. 
‘‘(a) REPORTS REQUIRED.—Before proceeding be-
yond phase 6.2 activities with respect to any lifetime ex-
tension program, the director of the national security lab-
oratory responsible for such program shall submit to the 
congressional defense committees a report on the lifetime 
extension option selected for such program, including— 
‘‘(1) whether such option selected is refurbish-
ment, reuse, or replacement; and 
‘‘(2) why such option was selected, including an 
assessment of the advantages and disadvantages of 
the two options not selected. 
‘‘(b) PHASE 6.2 ACTIVITIES DEFINED.—In this sec-
tion, the term ‘phase 6.2 activities’ means, with respect 
to a lifetime extension program, the phase 6.2 feasibility 
study and option down-select.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
at the beginning of the Atomic Energy Defense Act is 
amended by inserting after the item relating to section 
4214 the following new item: 
‘‘Sec. 4215. Reports on lifetime extension programs.’’. 
SEC. 3143. NATIONAL ACADEMY OF SCIENCES STUDY ON 
PEER REVIEW AND DESIGN COMPETITION 
RELATED TO NUCLEAR WEAPONS. 
(a) STUDY.—Not later than 60 days after the date 
of the enactment of this Act, the Administrator for Nu-
1122 
clear Security shall enter into an agreement with the Na-
tional Academy of Sciences to conduct a study of peer re-
view and design competition related to nuclear weapons. 
(b) ELEMENTS.—The study required by subsection 
(a) shall include an assessment of— 
(1) the quality and effectiveness of peer review 
of designs, development plans, engineering and sci-
entific activities, and priorities related to both nu-
clear and non-nuclear aspects of nuclear weapons; 
(2) incentives for effective peer review; 
(3) the potential effectiveness, efficiency, and 
cost of alternative methods of conducting peer review 
and design competition related to both nuclear and 
non-nuclear aspects of nuclear weapons, as com-
pared to current methods; 
(4) the known instances where current peer re-
view practices and design competition succeeded or 
failed to find problems or potential problems; and 
(5) such other matters related to peer review 
and design competition related to nuclear weapons 
as the Administrator considers appropriate. 
(c) COOPERATION
AND ACCESS
TO INFORMATION 
AND PERSONNEL.—The Administrator shall ensure that 
the National Academy of Sciences receives full and timely 
cooperation, including full access to information and per-
1123 
sonnel, from the National Nuclear Security Administra-
tion and the management and operating contractors of the 
Administration for the purposes of conducting the study 
under subsection (a). 
(d) REPORT.— 
(1) IN GENERAL.—The National Academy of 
Sciences shall submit to the Administrator a report 
containing the results of the study conducted under 
subsection (a) and any recommendations resulting 
from the study. 
(2) SUBMITTAL TO CONGRESS.—Not later than 
December 15, 2014, the Administrator shall submit 
to the Committees on Armed Services of the House 
of Representatives and Senate the report submitted 
under paragraph (1) and any comments or rec-
ommendations of the Administrator with respect to 
the report. 
(3) FORM.—The report submitted under para-
graph (1) shall be in unclassified form, but may in-
clude a classified annex. 
SEC. 
3144. 
REPORT 
ON 
DEFENSE 
NUCLEAR 
NON-
PROLIFERATION PROGRAMS. 
(a) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than March 1 of 
each year from 2013 through 2015, the Adminis-
1124 
trator for Nuclear Security shall submit to the ap-
propriate congressional committees a report on the 
budget, objectives, and metrics of the defense nu-
clear nonproliferation programs of the National Nu-
clear Security Administration. 
(2) ELEMENTS.—The report required by para-
graph (1) shall include the following: 
(A) An identification and explanation of 
uncommitted balances that are more than the 
acceptable carryover thresholds, as determined 
by the Secretary of Energy, on a program-by- 
program basis. 
(B) An identification of foreign countries 
that are sharing the cost of implementing de-
fense nuclear nonproliferation programs, includ-
ing an explanation of such cost sharing. 
(C) A description of objectives and meas-
urements for each defense nuclear nonprolifera-
tion program. 
(D) A description of the proliferation of 
nuclear weapons threat and how each defense 
nuclear 
nonproliferation 
program 
activity 
counters the threat. 
(E) A description and assessment of non-
proliferation activities coordinated with the De-
1125 
partment of Defense to maximize efficiency and 
avoid redundancies. 
(F) A description of how the defense nu-
clear nonproliferation programs are prioritized 
to meet the most urgent nonproliferation re-
quirements. 
(b) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
(1) the Committee on Armed Services and the 
Committee on Foreign Affairs of the House of Rep-
resentatives; and 
(2) the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate. 
(c) FORM.—The report required by subsection (a)(1) 
shall be submitted in unclassified form, but may include 
a classified annex. 
SEC. 3145. STUDY ON REUSE OF PLUTONIUM PITS. 
(a) STUDY.—Not later than 120 days after the date 
of the enactment of this Act, the Administrator for Nu-
clear Security shall submit to the congressional defense 
committees a study of plutonium pits, including— 
(1) the availability of plutonium pits— 
(A) as of the date of the report; and
1126 
(B) after such date as a result of the dis-
mantlement of nuclear weapons; and 
(2) an assessment of the potential for reusing 
plutonium pits in future life extension programs. 
(b) MATTERS
INCLUDED.—The study submitted 
under subsection (a) shall include the following: 
(1) The feasibility and practicability of potential 
full or partial reuse options with respect to pluto-
nium pits. 
(2) The benefits and risks of reusing plutonium 
pits. 
(3) The potential costs and cost savings of such 
reuse. 
(4) The effects of such reuse on the require-
ments for plutonium pit manufacturing. 
SEC. 3146. STUDY ON A MULTI-AGENCY GOVERNANCE 
MODEL FOR NATIONAL SECURITY LABORA-
TORIES. 
(a) INDEPENDENT ASSESSMENT.— 
(1) IN GENERAL.—The Administrator for Nu-
clear Security shall commission an independent as-
sessment regarding the transition of the national se-
curity laboratories to multi-agency federally funded 
research and development centers with direct 
sustainment and sponsorship by multiple national
1127 
security agencies. The assessment shall be conducted 
by an independent, non-governmental institute which 
is described in section 501(c)(3) of the Internal Rev-
enue Code of 1986 and exempt from tax under sec-
tion 501(a) of such Code, and has recognized cre-
dentials and expertise in national security science 
and engineering laboratories and with ready access 
to policy experts throughout the United States. 
(2) BACKGROUND MATERIAL.—The assessment 
shall leverage previous studies, including— 
(A) the report published in 2009 by the 
Stimson Center titled ‘‘Leveraging Science for 
Security: A Strategy for the Nuclear Weapons 
Laboratories in the 21st Century’’; and 
(B) the Phase 1 report published in 2012 
by the National Academy of Sciences titled 
‘‘Managing for High-Quality Science and Engi-
neering at the NNSA National Security labora-
tories’’. 
(3) ELEMENTS.—The assessment conducted 
pursuant to paragraph (1) shall include the fol-
lowing elements: 
(A) An assessment of a new governance 
structure that—
1128 
(i) gives multiple national security 
agencies, including the Department of De-
fense, the Department of Homeland Secu-
rity, the Department of Energy, and the 
intelligence community, direct sponsorship 
of the national security laboratories as fed-
erally funded research and development 
centers so that such agencies have more di-
rect and rapid access to the assets avail-
able at the laboratories and the responsi-
bility to provide sustainable support for the 
science and technology needs of the agen-
cies at the laboratories; 
(ii) reduces costs to the Federal Gov-
ernment for the use of the resources of the 
laboratories, while enhancing the steward-
ship of these national resources and maxi-
mizing their service to the nation; 
(iii) enhances the overall quality of 
the scientific research and engineering ca-
pability of the laboratories, including their 
ability to recruit and retain top scientists 
and engineers; and 
(iv) maintains as paramount the capa-
bilities required to support the nuclear
1129 
stockpile stewardship and related nuclear 
missions. 
(B) A recommendation as to which, if any, 
other laboratories associated with any national 
security agency should be included in the new 
governance structure. 
(C) Options for implementing the new gov-
ernance structure that minimize disruption of 
performance and costs to the government while 
rapidly achieving anticipated gains. 
(D) Legislative changes and executive ac-
tions that would need to be made in order to 
implement the new governance structure. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than January 1, 
2014, the designated private entity shall submit to 
the Administrator and the congressional defense 
committees a report that contains the findings of the 
assessment. 
(2) FORM.—The report under paragraph (1) 
shall be submitted in unclassified form, but may in-
clude a classified annex. 
(c) DEFINITION.—In this section, the term ‘‘national 
security laboratory’’ has the meaning given that term in
1130 
section 3281 of the National Nuclear Security Administra-
tion Act (50 U.S.C. 2471). 
Subtitle E—Other Matters 
SEC. 3151. USE OF PROBABILISTIC RISK ASSESSMENT TO 
ENSURE NUCLEAR SAFETY. 
(a) IN GENERAL.—The Atomic Energy Defense Act 
(50 U.S.C. 2501 et seq.) is amended by adding after sec-
tion 4644 the following new section: 
‘‘SEC. 4645. USE OF PROBABILISTIC RISK ASSESSMENT TO 
ENSURE NUCLEAR SAFETY OF FACILITIES OF 
THE ADMINISTRATION AND THE OFFICE OF 
ENVIRONMENTAL MANAGEMENT. 
‘‘(a) NUCLEAR SAFETY AT NNSA AND DOE FACILI-
TIES.—The Administrator and the Secretary of Energy 
shall ensure that the methods for assessing, certifying, 
and overseeing nuclear safety at the facilities specified in 
subsection (b) use national and international standards 
and nuclear industry best practices, including probabilistic 
or quantitative risk assessment if sufficient data exists. 
‘‘(b) FACILITIES SPECIFIED.—Subsection (a) shall 
apply— 
‘‘(1) to the Administrator with respect to the 
national security laboratories and the nuclear weap-
ons production facilities; and
1131 
‘‘(2) to the Secretary of Energy with respect to 
defense nuclear facilities of the Office of Environ-
mental Management of the Department of Energy.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
at the beginning of the Atomic Energy Defense Act is 
amended by inserting after the item relating to section 
4644 the following new item: 
‘‘Sec. 4645. Use of probabilistic risk assessment to ensure nuclear safety of fa-
cilities of the Administration and the Office of Environmental 
Management.’’. 
SEC. 3152. ADVICE TO PRESIDENT AND CONGRESS REGARD-
ING SAFETY, SECURITY, AND RELIABILITY OF 
UNITED STATES NUCLEAR WEAPONS STOCK-
PILE AND NUCLEAR FORCES. 
(a) IN GENERAL.—Section 1305 of the National De-
fense Authorization Act for Fiscal Year 1998 (42 U.S.C. 
7274p) is— 
(1) transferred to the Atomic Energy Defense 
Act (50 U.S.C. 2501 et seq.); 
(2) inserted after section 4215 of such Act, as 
added by section 3142(a); 
(3) redesignated as section 4216; and 
(4) amended— 
(A) by amending subsection (f) to read as 
follows: 
‘‘(f) EXPRESSION OF INDIVIDUAL VIEWS.—No indi-
vidual, including representatives of the President, may
1132 
take any action against, or otherwise constrain, a director 
of a national security laboratory or a nuclear weapons pro-
duction facility, a member of the Joint Nuclear Weapons 
Council, or the Commander of United States Strategic 
Command from presenting the professional views of the 
individual to the President, the National Security Council, 
or Congress regarding— 
‘‘(1) the safety, security, reliability, or credi-
bility of the nuclear weapons stockpile and nuclear 
forces; or 
‘‘(2) the status of, and plans for, the capabili-
ties and infrastructure that support and sustain the 
nuclear weapons stockpile and nuclear forces.’’; and 
(B) by redesignating subsection (g) as sub-
section (h); and 
(C) by inserting after subsection (f) the 
following new subsection (g): 
‘‘(g) DELIVERY OF CLASSIFIED INFORMATION TO 
CONGRESS.—(1) The directors of the national security 
laboratories, the directors of the nuclear weapons produc-
tion facilities, the members of the Joint Nuclear Weapons 
Council, and the Commander of the United States Stra-
tegic Command are each authorized to provide directly to 
Congress classified information with respect to matters de-
scribed by paragraph (1) or (2) of subsection (f).
1133 
‘‘(2) The Administrator and Secretary of Defense 
shall ensure that direct classified mail channels are estab-
lished between the national security laboratories, nuclear 
weapons production facilities, members of the Joint Nu-
clear Weapons Council, the United States Strategic Com-
mand, and the congressional defense committees to carry 
out this subsection.’’. 
(b) CONFORMING AMENDMENT.—Section 4215 of the 
Atomic Energy Defense Act, as added by subsection (a), 
is amended— 
(1) by striking ‘‘nuclear weapons laboratories’’ 
each place it appears and inserting ‘‘national secu-
rity laboratories’’; 
(2) by striking ‘‘nuclear weapons laboratory’’ 
each place it appears and inserting ‘‘national secu-
rity laboratory’’; 
(3) by striking ‘‘nuclear weapons production 
plants’’ each place it appears and inserting ‘‘nuclear 
weapons production facilities’’; 
(4) by striking ‘‘nuclear weapons production 
plant’’ each place it appears and inserting ‘‘nuclear 
weapons production facility’’; and 
(5) by amending subsection (h), as redesignated 
by subsection (a)(4)(B), to read as follows:
1134 
‘‘(h) REPRESENTATIVE
OF
THE PRESIDENT DE-
FINED.—In this section, the term ‘representative of the 
President’ means the following: 
‘‘(1) Any official of the Department of Defense 
or the Department of Energy who is appointed by 
the President and confirmed by the Senate. 
‘‘(2) Any member or official of the National Se-
curity Council. 
‘‘(3) Any member or official of the Joint Chiefs 
of Staff. 
‘‘(4) Any official of the Office of Management 
and Budget.’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
at the beginning of the Atomic Energy Defense Act is 
amended by inserting after the item relating to section 
4215 the following new item: 
‘‘Sec. 4216. Advice to President and Congress regarding safety, security, and 
reliability of United States nuclear weapons stockpile.’’. 
SEC. 3153. CLASSIFICATION OF CERTAIN RESTRICTED 
DATA. 
Section 142 of the Atomic Energy Act of 1954 (42 
U.S.C. 2162) is amended— 
(1) in subsection d.— 
(A) by inserting ‘‘(1)’’ before ‘‘The Com-
mission’’; and 
(B) by adding at the end the following:
1135 
‘‘(2) The Commission may restore to the Restricted 
Data category information related to the design of nuclear 
weapons (in this subsection referred to as ‘design informa-
tion’) removed under paragraph (1) if the Commission and 
the Department of Defense jointly determines that— 
‘‘(A) the programmatic requirements that 
caused the design information to be removed from 
the Restricted Data category are no longer applica-
ble or have diminished; 
‘‘(B) the design information would be more ap-
propriately protected as Restricted Data; and 
‘‘(C) restoring the design information to the 
Restricted Data category is in the interest of na-
tional security. 
‘‘(3) In carrying out paragraph (2), design informa-
tion shall be restored to the Restricted Data category in 
accordance with regulations implemented pursuant to this 
section.’’; and 
(2) in subsection e.— 
(A) by inserting ‘‘(1)’’ before ‘‘The Com-
mission’’; 
(B) by striking ‘‘Central’’ and inserting 
‘‘National’’; and 
(C) by adding at the end the following:
1136 
‘‘(2) The Commission may restore to the Restricted 
Data category information related to foreign nuclear pro-
grams (in this subsection referred to as ‘foreign nuclear 
information’) removed under paragraph (1) if the Com-
mission and the Director of National Intelligence jointly 
determine that— 
‘‘(A) the programmatic requirements that 
caused the foreign nuclear information to be re-
moved from the Restricted Data category are no 
longer applicable or have diminished; 
‘‘(B) the foreign nuclear information would be 
more appropriately protected as Restricted Data; 
and 
‘‘(C) restoring the foreign nuclear information 
to the Restricted Data category is in the interest of 
national security. 
‘‘(3) In carrying out paragraph (2), foreign nuclear 
information shall be restored to the Restricted Data cat-
egory in accordance with regulations implemented pursu-
ant to this section.’’. 
SEC. 3154. INDEPENDENT COST ASSESSMENTS FOR LIFE 
EXTENSION PROGRAMS, NEW NUCLEAR FA-
CILITIES, AND OTHER MATTERS. 
(a) COST ASSESSMENT.—To inform the decisions 
made by the Nuclear Weapons Council established by sec-
1137 
tion 179 of title 10, United States Code, the Secretary 
of Defense, acting through the Director of Cost Assess-
ment and Program Evaluation and in coordination with 
the Administrator for Nuclear Security, shall assess the 
cost of options and alternatives for— 
(1) new nuclear weapon life extension pro-
grams; and 
(2) new nuclear facilities within the nuclear se-
curity enterprise that are estimated to cost more 
than $500,000,000. 
(b) REPORT.—Not later than 30 days after the date 
on which each assessment conducted under subsection (a) 
is completed, the Administrator for Nuclear Security and 
the Secretary of Defense shall jointly submit to the con-
gressional defense committees a report containing the re-
sults of such assessment. 
(c) FORM.—The report required under subsection (b) 
shall be submitted in unclassified form, but may include 
a classified annex. 
(d) AUTHORITY
FOR FURTHER ASSESSMENTS.— 
Upon the request of the Administrator for Nuclear Secu-
rity, the Secretary of Defense, acting through the Director 
of Cost Assessment and Program Evaluation and in con-
sultation with the Administrator, may conduct a cost as-
sessment of any initiative of the National Nuclear Security
1138 
Administration that is estimated to cost more than 
$500,000,000. 
SEC. 3155. ASSESSMENT OF NUCLEAR WEAPON PIT PRO-
DUCTION REQUIREMENT. 
(a) ASSESSMENT.—The Secretary of Defense and the 
Secretary of Energy, in coordination with the Commander 
of the United States Strategic Command, shall jointly as-
sess the annual plutonium pit production requirement 
needed to sustain a safe, secure, and reliable nuclear 
weapon arsenal. 
(b) REPORTS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense and the Secretary of Energy shall 
jointly submit to the congressional defense commit-
tees a report regarding the assessment conducted 
under section (a), including— 
(A) an explanation of the rationale and as-
sumptions that led to the current 50 to 80 plu-
tonium pit production requirement, including 
the factors considered in determining such re-
quirement; 
(B) an analysis of whether there are any 
changes to the current 50 to 80 plutonium pit
1139 
production requirement, including the reasons 
for any such changes; 
(C) the implications for national security, 
for maintaining the nuclear weapons stockpile 
(including the impact on options available for 
life extension programs), and for costs of hav-
ing pit production capacity at— 
(i) 10 to 20 pits per year; 
(ii) 20 to 30 pits per year; 
(iii) 30 to 50 pits per year; and 
(iv) 50 to 80 pits per year; and 
(D) the implications of various pit produc-
tion capacities on the requirements for the nu-
clear weapon hedge or reserve forces of the 
United States. 
(2) UPDATE.—If the report under paragraph 
(1) does not incorporate the results of the Nuclear 
Posture Review Implementation Study, the Sec-
retary of Defense and the Secretary of Energy, in 
coordination with the Commander of the United 
States Strategic Command, shall jointly submit to 
the congressional defense committees an update to 
the report under paragraph (1) that incorporates the 
results of such study by not later than 90 days after
1140 
the date on which such committees receive such 
study. 
(c) FORM.—The reports under paragraphs (1) and 
(2) of subsection (b) shall be submitted in unclassified 
form, but may include a classified annex. 
SEC. 3156. INTELLECTUAL PROPERTY RELATED TO URA-
NIUM ENRICHMENT. 
(a) IN GENERAL.—Subject to subsection (b), of the 
funds authorized to be appropriated by this Act or other-
wise made available for fiscal year 2013 for defense nu-
clear nonproliferation, the Secretary of Energy may make 
available not more than $150,000,000 for the development 
and demonstration of domestic national-security-related 
enrichment technologies as provided in subsection (c). 
(b) CERTIFICATION.—Not later than 30 days before 
the date on which the Secretary makes an amount avail-
able under subsection (a), the Secretary shall submit to 
the congressional defense committees— 
(1) written certification that such amount is 
needed for national security purposes; and 
(2) a description of such purposes. 
(c) ADMINISTRATION.—An amount made available by 
the Secretary under subsection (a) shall be used to pro-
vide, directly or indirectly, Federal funds, resources, or 
other assistance for the research, development, or deploy-
1141 
ment of domestic national-security-related enrichment 
technology, subject to the following requirements: 
(1) The Secretary shall provide such assistance 
using merit selection procedures. 
(2) The Secretary may provide such assistance 
only if the Secretary executes an agreement with the 
recipient (or any affiliate, successor, or assignee) of 
such funds, resources, or other assistance (in this 
section referred to as the ‘‘recipient’’) that re-
quires— 
(A) the achievement of specific technical 
criteria by the recipient by specific dates not 
later than June 30, 2014; 
(B) that the recipient— 
(i) immediately upon execution of the 
agreement, grant to the United States for 
use by or on behalf of the United States, 
through the Secretary, a royalty-free, non- 
exclusive license in all enrichment-related 
intellectual property and associated tech-
nical data owned, licensed, or otherwise 
controlled by the recipient as of the date of 
the enactment of this Act, or thereafter de-
veloped or acquired to meet the require-
ments of the agreement;
1142 
(ii) amend any existing agreement be-
tween the Secretary and the recipient to 
permit the Secretary to use or permit third 
parties on behalf of the Secretary to use 
intellectual property and associated tech-
nical data related to the award of funds, 
resources, or other assistance royalty-free 
for Government purposes, including com-
pleting or operating enrichment tech-
nologies and using them for national de-
fense purposes, including providing nuclear 
material to operate commercial nuclear 
power reactors for tritium production; and 
(iii) as soon as practicable, deliver to 
the Secretary all technical information and 
other documentation in its possession or 
control necessary to permit the Secretary 
to use all intellectual property related to 
domestic enrichment technologies described 
in this subparagraph; and 
(C) any other condition or restriction the 
Secretary determines necessary to protect the 
interests of the United States. 
(d) CONTROL OF PROPERTY.—If the Secretary deter-
mines that a recipient has not achieved the technical cri-
1143 
teria required under an agreement under subsection (c)(2) 
by the date specified pursuant to subparagraph (A) of 
such subsection, the recipient shall, as soon as practicable, 
surrender custody, possession, and control, or return, as 
appropriate, any real or personal property owned or leased 
by the recipient, to the Secretary in connection with the 
deployment of enrichment technology, along with all cap-
ital improvements, equipment, fixtures, appurtenances, 
and other improvements thereto, and any further obliga-
tion by the Secretary under any such lease shall terminate. 
(e) APPLICATION OF REQUIREMENTS.—The limita-
tions and requirements in this section shall apply to funds 
authorized to be appropriated by this Act or otherwise 
made available for fiscal year 2013 or any fiscal year 
thereafter for the development and demonstration of do-
mestic national security-related enrichment technology. 
(f) EXCEPTION.—Subsections (c) and (d) shall not 
apply with respect to the issuance of any loan guarantee 
pursuant to section 1703 of the Energy Policy Act of 2005 
(42 U.S.C. 16513). 
SEC. 3157. SENSE OF CONGRESS ON COMPETITION AND 
FEES RELATED TO THE MANAGEMENT AND 
OPERATING CONTRACTS OF THE NUCLEAR 
SECURITY ENTERPRISE. 
It is the sense of Congress that—
1144 
(1) in the past decade, competition of the man-
agement and operating contracts for the national se-
curity laboratories has resulted in significant in-
creases in fees paid to the contractors—funding that 
otherwise could be used to support program and 
mission activities of the National Nuclear Security 
Administration; 
(2) competition of the management and oper-
ating contracts of the nuclear security enterprise is 
an important mechanism to help realize cost savings, 
seek efficiencies, improve performance, and hold con-
tractors accountable; 
(3) when the Administrator for Nuclear Secu-
rity considers it appropriate to achieve these goals, 
the Administrator should conduct competition of 
these contracts while recognizing the unique nature 
of federally funded research and development cen-
ters; and 
(4) the Administrator should ensure that fixed 
fees and performance-based fees contained in man-
agement and operating contracts are as low as pos-
sible to maintain a focus on national service while 
attracting high-quality contractors and achieving the 
goals of the competition.
1145 
SEC. 3158. PILOT PROGRAM ON TECHNOLOGY COMMER-
CIALIZATION. 
(a) PILOT PROGRAM.—The Secretary of Energy, in 
consultation with the Technology Transfer Coordinator 
appointed under section 1001(a) of the Energy Policy Act 
of 2005 (42 U.S.C. 16391(a)), may carry out a competi-
tively awarded pilot program involving one non-profit enti-
ty and a national laboratory within the National Nuclear 
Security Administration for the purpose of accelerating 
technology transfer from national laboratories to the mar-
ketplace. 
(b) SELECTION OF ENTITY AND NATIONAL LABORA-
TORY.—In carrying out a pilot program under subsection 
(a), the Secretary of Energy and the Technology Transfer 
Coordinator shall jointly select a non-profit entity and a 
national laboratory for the purpose of carrying out the 
pilot program under this section. In making such selec-
tions, the Secretary and Coordinator shall consider each 
of the following: 
(1) A commitment to participate made by a na-
tional laboratory within the National Nuclear Secu-
rity Administration being considered for selection. 
(2) The availability of technologies, licenses, in-
tellectual property, and other matters at a national 
laboratory being considered for selection.
1146 
(c) PROGRAM ELEMENTS.—The pilot program shall 
be carried out as follows: 
(1) Under the pilot program, the Secretary and 
the Coordinator shall evaluate and validate the per-
formance of technology transfer activities at the se-
lected laboratory. 
(2) The pilot program shall involve collabora-
tion with other offices and agencies within the De-
partment of Energy and the National Nuclear Secu-
rity Administration. 
(3) Under the pilot program, the non-profit en-
tity selected to carry out the pilot program shall 
work to create business startups and increase the 
number of cooperative research and development 
agreements and sponsored research projects at the 
selected laboratory. The non-profit entity shall work 
with interested businesses in identifying appropriate 
technologies at the national laboratory and facili-
tating the commercialization process. 
(4) The Secretary of Energy and the Coordi-
nator shall use the results of the pilot program as 
the basis for informing key performance parameters 
and strategies that could be implemented in various 
national laboratories across the country.
1147 
(d) DURATION.—A pilot program carried out under 
subsection (a) shall be not more than two years in dura-
tion. 
(e) REPORTS.— 
(1) INITIAL REPORTS.—Not later than one year 
after the date on which a pilot program under sub-
section (a) begins, the Secretary of Energy shall 
submit to the Committees on Armed Services of the 
Senate and House of Representatives, the Com-
mittee on Science and Technology in the House of 
Representatives, and the Committee on Commerce, 
Science and Transportation in the Senate, a report 
that provides an update on the implementation of 
the pilot program under this section, including an 
identification of the selected non-profit entity and 
national laboratory. 
(2) FINAL REPORT.—Not later than 90 days 
after the completion of the pilot program, the Sec-
retary shall submit to the Committees on Armed 
Services of the Senate and House of Representa-
tives, the Committee on Science and Technology in 
the House of Representatives, and the Committee on 
Commerce, Science and Transportation of the Sen-
ate a report on the pilot program, including any 
findings and recommendations of the Secretary. The
1148 
non-profit entity shall submit a report detailing its 
experiences working with the laboratory and submit 
recommendations for improvement of technology 
commercialization. 
(f) DEFINITIONS.—In this section, the term ‘‘na-
tional laboratory’’ means— 
(1) a national laboratory (as defined in section 
2 of the Energy Policy Act of 2005 (42 U.S.C. 
15801)); or 
(2) a national security laboratory (as defined in 
section 3281 of the National Nuclear Security Ad-
ministration Act (50 U.S.C. 2471)). 
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY 
BOARD 
SEC. 3201. AUTHORIZATION. 
There is authorized to be appropriated for fiscal year 
2013 $31,415,000 for the operation of the Defense Nu-
clear Facilities Safety Board under chapter 21 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 
SEC. 3202. IMPROVEMENTS TO THE DEFENSE NUCLEAR FA-
CILITIES SAFETY BOARD. 
(a) ESTABLISHMENT.—Section 311 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2286) is amended— 
(1) in subsection (b)—
1149 
(A) in paragraph (3), by striking ‘‘Energy 
or any contractor of the Department of En-
ergy’’ and inserting ‘‘Energy, the National Nu-
clear Security Administration, or any contractor 
of the Department or Administration’’; and 
(B) by striking paragraph (4); 
(2) in subsection (c)— 
(A) in the heading, by striking ‘‘AND VICE 
CHAIRMAN’’ and inserting ‘‘, VICE CHAIRMAN, 
AND MEMBERS’’; 
(B) in paragraph (2), by striking ‘‘The 
Chairman’’ and inserting ‘‘In accordance with 
paragraphs (5) and (6), the Chairman’’; and 
(C) by adding at the end the following new 
paragraphs: 
‘‘(5) Each member of the Board, including the Chair-
man and Vice Chairman, shall— 
‘‘(A) have equal responsibility and authority in 
establishing decisions and determining actions of the 
Board regarding recommendations, budgets, senior 
staff, hearings and witnesses, investigations, sub-
poenas, and setting policies and regulations gov-
erning operations of the Board;
1150 
‘‘(B) have full, simultaneous access to all infor-
mation relating to the performance of the Board’s 
functions, powers, and mission; and 
‘‘(C) have one vote. 
‘‘(6) Any member of the Board may propose an indi-
vidual to be appointed to a senior staff position of the 
Board and require a determination by the Board under 
paragraph (5)(A) on whether such individual shall be ap-
pointed.’’; 
(3) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘Except 
as provided under paragraph (2), the’’ and in-
serting ‘‘The’’; 
(B) by striking paragraph (2); and 
(C) by redesignating paragraph (3) as 
paragraph (2); and 
(4) by amending subsection (e) to read as fol-
lows: 
‘‘(e) QUORUM.—(1) Three members of the Board 
shall constitute a quorum. 
‘‘(2) A quorum shall be required to take the actions 
of the Board described in subsection (c)(5)(A).’’. 
(b) MISSION AND FUNCTIONS.—
1151 
(1) IN GENERAL.—Section 312 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2286a) is amend-
ed— 
(A) in the heading, by inserting ‘‘MISSION 
AND’’ before ‘‘FUNCTIONS’’; 
(B) by redesignating subsections (a) and 
(b) as subsections (b) and (c), respectively; 
(C) by inserting before subsection (b), as 
so redesignated, the following new subsection 
(a): 
‘‘(a) MISSION.—The mission of the Board shall be 
to provide independent analysis, advice, and recommenda-
tions to the Secretary of Energy to ensure the adequate 
protection of public health and safety at defense nuclear 
facilities of the Department of Energy. Such analysis, ad-
vice, and recommendations shall be based upon risk when-
ever sufficient data exists.’’; 
(D) in subsection (b), as so redesignated— 
(i) in the heading, by striking ‘‘IN 
GENERAL’’ and inserting ‘‘FUNCTIONS’’; 
and 
(ii) in paragraph (5)— 
(I) by inserting ‘‘, and specifi-
cally assess risk (whenever sufficient
1152 
data exists),’’ after ‘‘shall consider’’; 
and 
(II) by inserting ‘‘, the costs and 
benefits, and the practicability’’ after 
‘‘economic feasibility’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for the Atomic Energy Act of 1954 is amended 
by striking the item relating to section 312 and in-
serting the following new item: 
‘‘Sec. 312. Mission and functions of the board.’’. 
(c) POWERS.—Section 313 of the Atomic Energy Act 
of 1954 (42 U.S.C. 2286b) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘or a 
member authorized by the Board’’; and 
(B) in paragraph (2)(A), by striking the 
first sentence and inserting the following: ‘‘Sub-
poenas may be issued only with the approval of 
a majority of the members of the Board and 
shall be served by any person designated by the 
Chairman, any member, or any person as other-
wise provided by law.’’; and 
(2) in subsection (b), by adding at the end the 
following new paragraph: 
‘‘(3) Of the funds appropriated to the Board to carry 
out this chapter, each member of the Board, other than
1153 
the Chairman, may employ at least one technical advisor 
to serve in the immediate office of the member to provide 
assistance to the member in carrying out the responsibil-
ities of the member under this chapter. If employed in the 
immediate office of a member, such advisor shall report 
to 
such 
member 
and, 
notwithstanding 
section 
311(c)(2)(A), may not be subject to the appointment, di-
rection, or supervision of the Chairman.’’; and 
(3) in subsection (j)(2), by striking ‘‘section 
312(1)’’ and inserting ‘‘section 312(b)(1)’’. 
(d) BOARD RECOMMENDATIONS.—Section 315 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2286d) is amended 
to read as follows: 
‘‘SEC. 315. BOARD RECOMMENDATIONS. 
‘‘(a) DRAFTS AND SUBMISSION OF RECOMMENDA-
TIONS.—(1) Subject to subsections (f) and (g), the Board 
shall submit to the Secretary of Energy a draft of any 
recommendations under section 312 and any related find-
ings, supporting data, and analyses before the date on 
which such recommendations are finalized. 
‘‘(2) The Secretary may provide to the Board com-
ments on the recommendations not later than 45 days 
after the date on which the Secretary receives the draft 
submission of the Board under paragraph (1). The Board 
may grant, upon request by the Secretary, not more than
1154 
an additional 30 days for the Secretary to submit com-
ments to the Board. 
‘‘(3) After the period of time in which the Secretary 
may provide recommendations under paragraph (2) 
elapses, the Board may publish in the Federal Register 
either the original or a revised version of the recommenda-
tions based on the comments of the Secretary, together 
with a request for the submission to the Board of public 
comments on such recommendations. Interested persons 
shall have 30 days after the date of publication in which 
to submit comments, data, views, or arguments to the 
Board concerning the recommendations. The Board shall 
furnish the Secretary with copies of all comments, data, 
views, and arguments submitted to it under this para-
graph. 
‘‘(b) DISPOSITION OF RECOMMENDATIONS.—(1) Not 
later than 60 days after publication of the recommenda-
tions under subsection (a)(3), the Secretary of Energy 
shall publish in the Federal Register and transmit to the 
Board, in writing, a statement of the final decision of the 
Secretary with respect to whether the Secretary accepts 
or rejects, in whole or in part, such recommendations, in-
cluding a description of any actions to be taken in re-
sponse to the recommendations, any expected schedule, 
cost, technical, or program impacts of such recommenda-
1155 
tions, and the views of the Secretary regarding such rec-
ommendations. The Board may grant, upon request by the 
Secretary, not more than an additional 30 days for the 
Secretary to transmit such statement to the Board. 
‘‘(2) The Board may hold hearings for the purpose 
of obtaining public comments on its recommendations and 
the disposition of such recommendations by the Secretary 
of Energy. 
‘‘(c) REJECTION
OF RECOMMENDATIONS.—If the 
Secretary of Energy, in a statement under subsection 
(b)(1), rejects (in whole or part) any recommendation 
made by the Board under subsection (a), the Board may 
transmit to the Secretary and the Committees on Armed 
Services and Appropriations of the Senate and the House 
of Representatives a letter describing the views and per-
spectives of the Board regarding the Secretary’s disposi-
tion of the Board’s recommendations. 
‘‘(d) IMPLEMENTATION PLAN.—The Secretary of En-
ergy shall prepare a plan for the implementation of each 
Board recommendation, or part of a recommendation, that 
is accepted by the Secretary in the statement under sub-
section (b)(1). Not later than 120 days after the date on 
which such statement is published, the Secretary shall 
transmit to the Board such implementation plan. The Sec-
retary may implement any such recommendation (or part
1156 
of any such recommendation) before, on, or after the date 
on which the Secretary transmits the implementation plan 
to the Board under this subsection. 
‘‘(e) IMPLEMENTATION.—(1) Subject to paragraph 
(2), not later than one year after the date on which the 
Secretary of Energy transmits an implementation plan 
with respect to a recommendation (or part thereof) under 
subsection (d), the Secretary shall carry out and complete 
the implementation plan. If complete implementation of 
the plan takes more than one year, the Secretary of En-
ergy shall submit a report to the Committees on Armed 
Services and on Appropriations of the Senate and the 
House of Representatives setting forth the reasons for the 
delay and when implementation will be completed. 
‘‘(2) If the Secretary of Energy determines that the 
implementation of a Board recommendation (or part 
thereof) is impracticable because of budgetary consider-
ations, or that the implementation would affect the Sec-
retary’s ability to meet the annual nuclear weapons stock-
pile requirements established pursuant to section 91 of 
this Act, the Secretary shall submit to the President and 
the Committees on Armed Services and Appropriations of 
the Senate and the House of Representatives a report con-
taining the recommendation and the Secretary’s deter-
mination.
1157 
‘‘(f) IMMINENT OR SEVERE THREAT.—(1) In any 
case in which the Board determines that a recommenda-
tion submitted to the Secretary of Energy under section 
312 relates to an imminent or severe threat to public 
health and safety, the Board and the Secretary of Energy 
shall proceed under this subsection in lieu of subsections 
(a) and (b). 
‘‘(2) The Board shall transmit to the President, the 
Secretary of Defense, and the Secretary of Energy a rec-
ommendation relating to an imminent or severe threat to 
public health and safety. Not later than 15 days after the 
date on which such recommendation is received, the Sec-
retary of Energy shall submit the comments and views of 
the Secretary to the President. The President shall review 
such comments and views and shall make the decision con-
cerning the acceptance or rejection of the Board’s rec-
ommendation. 
‘‘(3) After receipt by the President of the rec-
ommendation from the Board under this subsection, the 
Board shall promptly make such recommendation avail-
able to the public and shall submit such recommendation 
to the Committees on Armed Services and Appropriations 
of the Senate and the House of Representatives. The 
President shall promptly notify such committees of the de-
1158 
cision made by the President under paragraph (2) and the 
reasons for that decision. 
‘‘(g) LIMITATION.—Notwithstanding any other provi-
sion of this section, the requirements to make information 
available to the public under this section— 
‘‘(1) shall not apply in the case of information 
that is classified; and 
‘‘(2) shall be subject to the orders and regula-
tions issued by the Secretary of Energy under sec-
tions 147 and 148 of this Act to prohibit dissemina-
tion of certain information.’’. 
(e) REPORTS.—Section 316 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2286e) is amended by striking 
‘‘to the Speaker of’’ each place it appears. 
(f) INFORMATION TO CONGRESS.—Section 320 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2286h–1) is 
amended by striking ‘‘the Congress’’ and inserting ‘‘Com-
mittees on Armed Services and Appropriations of the Sen-
ate and the House of Representatives’’. 
(g) INSPECTOR GENERAL.—Chapter 21 of the Atom-
ic Energy Act of 1954 (42 U.S.C. 2286 et seq.) is amend-
ed by adding at the end the following new section:
1159 
‘‘SEC. 322. INSPECTOR GENERAL. 
‘‘The Board shall enter into an agreement with an 
agency of the Federal Government to procure the services 
of the Inspector General of such agency for the Board.’’. 
(h) SAFETY STANDARDS.—Nothing in this section 
nor in the amendments made by this section shall be con-
strued to cause a reduction in nuclear safety standards. 
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 $14,909,000 for fis-
cal year 2013 for the purpose of carrying out activities 
under chapter 641 of title 10, United States Code, relating 
to the naval petroleum reserves. 
(b) PERIOD OF AVAILABILITY.—Funds appropriated 
pursuant to the authorization of appropriations in sub-
section (a) shall remain available until expended. 
TITLE XXXV—MARITIME 
ADMINISTRATION 
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR NA-
TIONAL SECURITY ASPECTS OF THE MER-
CHANT MARINE FOR FISCAL YEAR 2013. 
Funds are hereby authorized to be appropriated for 
fiscal year 2013, to be available without fiscal year limita-
tion if so provided in appropriations Acts, for the use of
1160 
the Department of Transportation for Maritime Adminis-
tration programs associated with maintaining national se-
curity aspects of the merchant marine, as follows: 
(1) For expenses necessary for operations of the 
United 
States 
Merchant 
Marine 
Academy, 
$77,253,000, of which— 
(A) $67,253,000 shall remain available 
until expended for Academy operations; and 
(B) $10,000,000 shall remain available 
until expended for capital asset management at 
the Academy. 
(2) For expenses necessary to support the State 
maritime academies, $16,045,000, of which— 
(A) $2,400,000 shall remain available until 
expended for student incentive payments; 
(B) $2,545,000 shall remain available until 
expended for direct payments to such acad-
emies; and 
(C) $11,100,000 shall remain available 
until expended for maintenance and repair of 
State maritime academy training vessels. 
(3) For expenses necessary to dispose of vessels 
in the National Defense Reserve Fleet, $12,717,000, 
to remain available until expended.
1161 
(4) For expenses to maintain and preserve a 
United States-flag merchant marine to serve the na-
tional security needs of the United States under 
chapter 531 of title 46, United States Code, 
$186,000,000. 
(5) For the cost (as defined in section 502(5) 
of the Federal Credit Reform Act of 1990 (2 U.S.C. 
6661a(5)) of loan guarantees under the program au-
thorized by chapter 537 of title 46, United States 
Code, $3,750,000, all of which shall remain available 
until expended for administrative expenses of the 
program. 
SEC. 3502. APPLICATION OF THE FEDERAL ACQUISITION 
REGULATION. 
Section 3502(b) of the Floyd D. Spence National De-
fense Authorization Act for Fiscal Year 2001, as enacted 
into law by Public Law 106–398 (114 Stat. 1645A–490), 
is amended by striking ‘‘the enactment of this Act’’ and 
inserting ‘‘contract award’’. 
SEC. 3503. LIMITATION OF NATIONAL DEFENSE RESERVE 
FLEET VESSELS TO THOSE OVER 1,500 GROSS 
TONS. 
Section 57101(a) of title 46, United States Code, is 
amended by inserting ‘‘of 1,500 gross tons or more or such
1162 
other vessels as the Secretary of Transportation shall de-
termine are appropriate’’ after ‘‘Administration’’. 
SEC. 3504. DONATION OF EXCESS FUEL TO MARITIME 
ACADEMIES. 
Section 51103(b)(1) of title 46, United States Code, 
is amended by striking so much as precedes paragraph 
(2) and inserting the following: 
‘‘(b) PROPERTY FOR INSTRUCTIONAL PURPOSES.— 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation may cooperate with and assist the institutions 
named in paragraph (2) by making vessels, fuel, 
shipboard equipment, and other marine equipment, 
owned by the United States Government and deter-
mined by the entity having custody and control of 
such property to be excess or surplus, available to 
those institutions for instructional purposes, by gift, 
loan, sale, lease, or charter on terms and conditions 
the Secretary considers appropriate. The consent of 
the Secretary of Navy shall be obtained with respect 
to any property from National Defense Reserve 
Fleet vessels, 50 U.S.C. App. 1744, where such ves-
sels are either Ready Reserve Force vessels or other 
National Defense Reserve Fleet vessels determined 
to be of sufficient value to the Navy to warrant their 
further preservation and retention.’’.
1163 
SEC. 3505. CLARIFICATION OF HEADING. 
(a) IN GENERAL.—The heading of section 57103 of 
title 46, United States Code, is amended to read as fol-
lows: 
‘‘§ 57103. Donation of nonretention vessels in the na-
tional defense reserve fleet’’. 
(b) CONFORMING AMENDMENT.—The item relating 
to section 57103 in the analysis of chapter 571 of such 
title is amended to read as follows: 
‘‘57103. Donation of nonretention vessels in the national defense reserve fleet.’’. 
SEC. 3506. TRANSFER OF VESSELS TO THE NATIONAL DE-
FENSE RESERVE FLEET. 
Section 57101 of title 46, United States Code, is 
amended by adding at the end the following: 
‘‘(c) AUTHORITY OF FEDERAL ENTITIES TO TRANS-
FER VESSELS.—All Federal entities are authorized to 
transfer vessels to the National Defense Reserve Fleet 
without reimbursement subject to the approval of the Sec-
retary of Transportation and the Secretary of the Navy 
with respect to Ready Reserve Force vessels and the Sec-
retary of Transportation with respect to all other vessels.’’. 
SEC. 3507. AMENDMENTS RELATING TO THE NATIONAL DE-
FENSE RESERVE FLEET. 
Subparagraphs (B), (C), and (D) of sections 11(c)(1) 
of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 
1744(c)(1)) are amended to read as follows:
1164 
‘‘(B) activate and conduct sea trials on 
each vessel at a frequency that is deemed nec-
essary; 
‘‘(C) maintain and adequately crew, as 
necessary, in an enhanced readiness status 
those vessels that are scheduled to be activated 
in 5 or less days; 
‘‘(D) locate those vessels that are sched-
uled to be activated near embarkation ports 
specified for those vessels; and’’. 
SEC. 3508. EXTENSION OF MARITIME SECURITY FLEET PRO-
GRAM. 
(a) Section 53101 of title 46, United States Code, 
is amended— 
(1) by amending paragraph (4) to read as fol-
lows: 
‘‘(4) 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.’’; 
(2) by striking paragraph (5);
1165 
(3) by redesignating paragraphs (6) through 
(13) as paragraphs (5) through (12), respectively; 
and 
(4) by amending paragraph (5), as so redesig-
nated, to read as follows: 
‘‘(5) PARTICIPATING
FLEET
VESSEL.—The 
term participating fleet vessel means any vessel 
that— 
‘‘(A) on October 1, 2015— 
‘‘(i) meets the requirements of para-
graph (1), (2), (3), or (4) of section 
53102(c); and 
‘‘(ii) is less than 20 years of age if the 
vessel is a tank vessel, or is less than 25 
years of age for all other vessel types; and 
‘‘(B) on December 31, 2014, is covered by 
an operating agreement under this chapter.’’. 
(b) Section 53102(b) of such title is amended to read 
as follows: 
‘‘(b) VESSEL ELIGIBILITY.—A 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);
1166 
‘‘(2) the vessel is operated (or in the case of a 
vessel to be constructed, will be operated) in pro-
viding transportation in foreign commerce; 
‘‘(3) the vessel is self-propelled and— 
‘‘(A) is a tank vessel that is 10 years of 
age or less on the date the vessel is included in 
the Fleet; or 
‘‘(B) is any other type of vessel that is 15 
years of age or less on the date the vessel is in-
cluded in the Fleet; 
‘‘(4) the vessel— 
‘‘(A) is suitable for use by the United 
States for national defense or military purposes 
in time of war or national emergency, as deter-
mined by the Secretary of Defense; and 
‘‘(B) is commercially viable, as determined 
by the Secretary; 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-