1811 
(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—
1812 
(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
1813 
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
1814 
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;
1815 
(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.
1816 
(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
1817 
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
1818 
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.
1819 
(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—
1820 
(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.
1821 
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
1822 
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.
1823 
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:
1824 
‘‘(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
1825 
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
1826 
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.
1827 
(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
1828 
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
1829 
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-
1830 
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)—
1831 
(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
1832 
‘‘(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.
1834 
(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—
1835 
(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’’;
1836 
(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;
1837 
‘‘(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
1838 
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,
1839 
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
1840 
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).
1841 
(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:
1842 
‘‘(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.
1843 
‘‘(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;
1844 
‘‘(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
1845 
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
1846 
‘‘(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—
1847 
‘‘(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-
1848 
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.
1849 
‘‘(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-
1850 
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
1851 
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-
1852 
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.
1853 
‘‘§ 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.—
1854 
‘‘(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.—
1855 
‘‘(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.
1856 
‘‘(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
1857 
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
1858 
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
1859 
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
1860 
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.
1861 
‘‘§ 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-
1862 
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-
1863 
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
1864 
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—