H. R. 4310—585 
‘‘(B) the proposed recipient of the medical isotope 
production target has provided assurances that, whenever 
an alternative medical isotope production target can be 
used in that reactor, it will use that alternative in lieu 
of highly enriched uranium; and 
‘‘(2) the Secretary of Energy has certified that the United 
States Government is actively supporting the development of 
an alternative medical isotope production target that can be 
used in that reactor. 
‘‘b. As used in this section— 
‘‘(1) the term ‘alternative medical isotope production target’ 
means a nuclear reactor target which is enriched to less than 
20 percent of the isotope U–235; 
‘‘(2) a target ‘can be used’ in a nuclear research or test 
reactor if— 
‘‘(A) the target has been qualified by the Reduced 
Enrichment Research and Test Reactor Program of the 
Department of Energy; and 
‘‘(B) use of the target will permit the large majority 
of ongoing and planned experiments and medical isotope 
production to be conducted in the reactor without a large 
percentage increase in the total cost of operating the 
reactor; 
‘‘(3) the term ‘highly enriched uranium’ means uranium 
enriched to 20 percent or more in the isotope U–235; and 
‘‘(4) the term ‘medical isotope’ includes molybdenum-99, 
iodine-131, xenon-133, and other radioactive materials used 
to produce a radiopharmaceutical for diagnostic or therapeutic 
procedures or for research and development.’’. 
(b) TABLE OF CONTENTS.—The table of contents for the Atomic 
Energy Act of 1954 is amended by inserting the following new 
item at the end of the items relating to chapter 10 of title I: 
‘‘Sec. 112. Domestic medical isotope production.’’. 
SEC. 3177. ANNUAL DEPARTMENT REPORTS. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, and annually thereafter for 5 years, the Secretary 
shall report to Congress on Department actions to support the 
production in the United States, without the use of highly enriched 
uranium, of molybdenum-99 for medical uses. 
(b) CONTENTS.—The reports shall include the following: 
(1) For medical isotope development projects— 
(A) the names of any recipients of Department support 
under section 3173; 
(B) the amount of Department funding committed to 
each project; 
(C) the milestones expected to be reached for each 
project during the year for which support is provided; 
(D) how each project is expected to support the 
increased production of molybdenum-99 for medical uses; 
(E) the findings of the evaluation of projects under 
section 3173(a)(2); and 
(F) the ultimate use of any Department funds used 
to support projects under section 3173. 
(2) A description of actions taken in the previous year 
by the Secretary to ensure the safe disposition of spent nuclear
H. R. 4310—586 
fuel and radioactive waste for which the Department is respon-
sible under section 3173(c). 
SEC. 3178. NATIONAL ACADEMY OF SCIENCES REPORT. 
(a) IN GENERAL.—The Secretary shall enter into an arrange-
ment with the National Academy of Sciences to conduct a study 
of the state of molybdenum-99 production and utilization, to be 
provided to Congress not later than 5 years after the date of 
enactment of this Act. 
(b) CONTENTS.—The report shall include the following: 
(1) For molybdenum-99 production— 
(A) a list of all facilities in the world producing molyb-
denum-99 for medical uses, including an indication of 
whether these facilities use highly enriched uranium in 
any way; 
(B) a review of international production of molyb-
denum-99 over the previous 5 years, including— 
(i) whether any new production was brought 
online; 
(ii) whether any facilities halted production 
unexpectedly; and 
(iii) whether any facilities used for production were 
decommissioned or otherwise permanently removed 
from service; and 
(C) an assessment of progress made in the previous 
5 years toward establishing domestic production of molyb-
denum-99 for medical uses, including the extent to which 
other medical isotopes that have been produced with molyb-
denum-99, such as iodine-131 and xenon-133, are being 
used for medical purposes. 
(2) An assessment of the progress made by the Department 
and others to eliminate all worldwide use of highly enriched 
uranium in reactor fuel, reactor targets, and medical isotope 
production facilities. 
TITLE XXXII—DEFENSE NUCLEAR 
FACILITIES SAFETY BOARD 
Sec. 3201. Authorization. 
Sec. 3202. Improvements to the Defense Nuclear Facilities Safety Board. 
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal year 2013, 
$29,415,000 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 THE DEFENSE NUCLEAR FACILITIES 
SAFETY BOARD. 
(a) ESTABLISHMENT.—Section 311 of the Atomic Energy Act 
of 1954 (42 U.S.C. 2286) is amended— 
(1) in subsection (b), by striking paragraph (4); 
(2) in subsection (c)— 
(A) in the heading, by striking ‘‘AND VICE CHAIRMAN’’ 
and inserting ‘‘, VICE CHAIRMAN, AND MEMBERS’’;
H. R. 4310—587 
(B) in paragraph (2), by striking ‘‘The Chairman’’ and 
inserting ‘‘In accordance with paragraph (5), the Chair-
man’’; and 
(C) by adding at the end the following new paragraph: 
‘‘(5) Each member of the Board, including the Chairman and 
Vice Chairman, shall— 
‘‘(A) have equal responsibility and authority in establishing 
decisions and determining actions of the Board; 
‘‘(B) have full access to all information relating to the 
performance of the Board’s functions, powers, and mission; 
and 
‘‘(C) have one vote.’’. 
(b) MISSION AND FUNCTIONS.— 
(1) IN GENERAL.—Section 312 of the Atomic Energy Act 
of 1954 (42 U.S.C. 2286a) is amended— 
(A) in the heading, by inserting ‘‘MISSION AND’’ before 
‘‘FUNCTIONS’’; 
(B) by redesignating subsections (a) and (b) as sub-
sections (b) and (c), respectively; 
(C) by inserting before subsection (b), as redesignated 
by subparagraph (B), the following new subsection (a): 
‘‘(a) MISSION.—The mission of the Board shall be to provide 
independent analysis, advice, and recommendations to the Secretary 
of Energy to inform the Secretary, in the role of the Secretary 
as operator and regulator of the defense nuclear facilities of the 
Department of Energy, in providing adequate protection of public 
health and safety at such defense nuclear facilities.’’; and 
(D) in subsection (b), as so redesignated— 
(i) in the heading, by striking ‘‘IN GENERAL’’ and 
inserting ‘‘FUNCTIONS’’; and 
(ii) in paragraph (5), by inserting ‘‘, and specifically 
assess risk (whenever sufficient data exists),’’ after 
‘‘shall consider’’. 
(2) CLERICAL AMENDMENT.—The table of contents for the 
Atomic Energy Act of 1954 is amended by striking the item 
relating to section 312 and inserting the following new item: 
‘‘Sec. 312. Mission and functions of the Board.’’. 
(c) BOARD RECOMMENDATIONS.— 
(1) IN GENERAL.—Section 315 of the Atomic Energy Act 
of 1954 (42 U.S.C. 2286d) is amended— 
(A) by redesignating subsections (a) through (h) as 
subsections (b) through (i), respectively; 
(B) by inserting before subsection (b), as redesignated 
by subparagraph (A), the following new subsection: 
‘‘(a) SUBMISSION OF RECOMMENDATIONS.—(1) Subject to sub-
sections (h) and (i), not later than 30 days before the date on 
which the Board transmits a recommendation to the Secretary 
of Energy under section 312, the Board shall transmit to the Sec-
retary in writing a draft of such recommendation and any related 
findings, supporting data, and analyses to ensure the Secretary 
is adequately informed of a formal recommendation and to provide 
the Secretary an opportunity to provide input to the Board before 
such recommendation is finalized. 
‘‘(2) The Secretary may provide to the Board comments on 
a draft recommendation transmitted by the Board under paragraph 
(1) by not later than 30 days after the date on which the Secretary
H. R. 4310—588 
receives the draft recommendation. The Board may grant, upon 
request by the Secretary, additional time for the Secretary to 
transmit comments to the Board. 
‘‘(3) After the period of time in which the Secretary may provide 
comments under paragraph (2) elapses, the Board may transmit 
a final recommendation to the Secretary.’’; and 
(C) by amending subsection (b), as so redesignated, 
to read as follows: 
‘‘(b) PUBLIC AVAILABILITY
AND COMMENT.—Subject to sub-
sections (h) and (i), after the Secretary of Energy receives a rec-
ommendation from the Board under subsection (a)(3), the Board 
shall promptly make available to the public such recommendation 
and any related correspondence from the Secretary by— 
‘‘(1) providing such recommendation and correspondence 
to the public in the regional public reading rooms of the Depart-
ment of Energy; and 
‘‘(2) publishing in the Federal Register— 
‘‘(A) such recommendation and correspondence; and 
‘‘(B) a request for the submission to the Board of public 
comments 
on 
such 
recommendation 
that 
provides 
interested persons with 30 days after the date of the 
publication in which to submit comments, data, views, or 
arguments to the Board concerning the recommendation.’’. 
(2) TECHNICAL AND CONFORMING AMENDMENTS.—Such sec-
tion 315 is further amended— 
(A) in subsection (c), as redesignated by paragraph 
(1)(A)— 
(i) in paragraph (1), by striking ‘‘subsection (a)’’ 
and inserting ‘‘subsection (b)’’; and 
(ii) in paragraph (2), by striking ‘‘subsection (h)’’ 
and inserting ‘‘subsection (i)’’; 
(B) in subsection (d), as so redesignated, by striking 
‘‘subsection (a) or (b)’’ and inserting ‘‘subsection (b) or (c)’’; 
(C) in subsection (e), as so redesignated— 
(i) by striking ‘‘subsection (b)(1)’’ and inserting 
‘‘subsection (c)(1)’’; and 
(ii) by striking ‘‘subsection (h)’’ and inserting ‘‘sub-
section (i)’’; 
(D) in subsection (g), as so redesignated— 
(i) in paragraph (1), as so redesignated, by striking 
‘‘subsection (e)’’ and inserting ‘‘subsection (f)’’; and 
(ii) in paragraph (2), by striking ‘‘, to the Commit-
tees on Armed Services and on Appropriations of the 
Senate, and to the Speaker of the House of Representa-
tives’’ and inserting ‘‘and to such committees’’; 
(E) in subsection (h), as so redesignated— 
(i) in paragraph (1), as so redesignated, by striking 
‘‘through (d)’’ and inserting ‘‘through (e)’’; and 
(ii) in paragraph (3), by striking ‘‘and the Speaker’’; 
and 
(F) by striking ‘‘Committees on Armed Services and 
on Appropriations of the Senate and to the Speaker of 
the House of Representatives’’ each place it appears and 
inserting ‘‘Committees on Armed Services, Appropriations, 
and Energy and Commerce of the House of Representatives 
and the Committees on Armed Services, Appropriations, 
and Energy and Natural Resources of the Senate’’.
H. R. 4310—589 
(d) REPORTS.—Section 316 of the Atomic Energy Act of 1954 
(42 U.S.C. 2286e) is amended by striking ‘‘Committees on Armed 
Services and on Appropriations of the Senate and to the Speaker 
of the House of Representatives’’ each place it appears and inserting 
‘‘Committees on Armed Services, Appropriations, and Energy and 
Commerce of the House of Representatives and the Committees 
on Armed Services, Appropriations, and Energy and Natural 
Resources of the Senate’’. 
(e) INFORMATION
TO CONGRESS.—Section 320 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2286h–1) is amended— 
(1) by striking ‘‘submitted to the Congress’’ and inserting 
‘‘submitted to the Committees on Armed Services, Appropria-
tions, and Energy and Commerce of the House of Representa-
tives and the Committees on Armed Services, Appropriations, 
and Energy and Natural Resources of the Senate’’; and 
(2) by striking ‘‘the Congress.’’ and inserting ‘‘such commit-
tees.’’. 
(f) INSPECTOR GENERAL.— 
(1) IN GENERAL.—Chapter 21 of the Atomic Energy Act 
of 1954 (42 U.S.C. 2286 et seq.) is amended by adding at 
the end the following new section: 
‘‘SEC. 322. INSPECTOR GENERAL. 
‘‘(a) IN GENERAL.—Not later than October 1, 2013, the Board 
shall enter into an agreement with an agency of the Federal Govern-
ment to procure the services of the Inspector General of such 
agency for the Board, in accordance with the Inspector General 
Act of 1978 (5 U.S.C. App.). Such Inspector General shall have 
expertise relating to the mission of the Board. 
‘‘(b) BUDGET.—In the budget materials submitted to the Presi-
dent by the Board in connection with the submission to Congress, 
pursuant to section 1105 of title 31, United States Code, of the 
budget for each fiscal year, the Board shall ensure that a separate, 
dedicated procurement line item is designated for the services of 
an Inspector General under subsection (a).’’. 
(2) CLERICAL AMENDMENT.—The table of contents for the 
Atomic Energy Act of 1954 is amended by inserting after the 
item relating to section 321 the following new item: 
‘‘Sec. 322. Inspector General.’’. 
(g) TECHNICAL AMENDMENT.—Section 313(j)(2) of the Atomic 
Energy Act of 1954 (42 U.S.C. 2286b) is amended by striking 
‘‘section’’ and all that follows through ‘‘implementation’’ and 
inserting ‘‘section 312(b)(1), the implementation’’. 
(h) SAFETY STANDARDS.—Nothing in this section or in the 
amendments made by this section shall be construed to cause 
a reduction in nuclear safety standards. 
TITLE XXXIV—NAVAL PETROLEUM 
RESERVES 
Sec. 3401. Authorization of appropriations. 
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 
(a) AMOUNT.—There are hereby authorized to be appropriated 
to the Secretary of Energy $14,909,000 for fiscal year 2013 for
H. R. 4310—590 
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 subsection (a) shall remain 
available until expended. 
TITLE XXXV—MARITIME 
ADMINISTRATION 
Sec. 3501. Authorization of appropriations for national security aspects of the mer-
chant marine for fiscal year 2013. 
Sec. 3502. Application of the Federal Acquisition Regulation. 
Sec. 3503. Limitation of National Defense Reserve Fleet vessels to those over 1,500 
gross tons. 
Sec. 3504. Donation of excess fuel to maritime academies. 
Sec. 3505. Clarification of heading. 
Sec. 3506. Transfer of vessels to the National Defense Reserve Fleet. 
Sec. 3507. Amendments relating to the National Defense Reserve Fleet. 
Sec. 3508. Extension of Maritime Security Fleet program. 
Sec. 3509. Container-on-barge transportation. 
Sec. 3510. Short sea transportation. 
Sec. 3511. Maritime environmental and technical assistance. 
Sec. 3512. Identification of actions to enable qualified United States flag capacity 
to meet national defense requirements. 
Sec. 3513. Maritime workforce study. 
Sec. 3514. Maritime administration vessel recycling contract award practices. 
Sec. 3515. Requirement for barge design. 
Sec. 3516. Eligibility to receive surplus training equipment. 
Sec. 3517. Coordination with other laws. 
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL 
SECURITY ASPECTS OF THE MERCHANT MARINE FOR 
FISCAL YEAR 2013. 
Funds are hereby authorized to be appropriated for fiscal year 
2013, to be available without fiscal year limitation if so provided 
in appropriations Acts, for the use of the Department of Transpor-
tation for Maritime Administration programs associated with 
maintaining national security 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 academies; 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 avail-
able until expended. 
(4) For expenses 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, $186,000,000.
H. R. 4310—591 
(5) 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 authorized 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 Defense 
Authorization Act for Fiscal Year 2001, as enacted into law by 
Public Law 106–398 (114 Stat. 1654A–490), is amended by striking 
‘‘the enactment of this Act’’ and inserting ‘‘contract award’’. 
SEC. 3503. LIMITATION OF NATIONAL DEFENSE RESERVE FLEET VES-
SELS 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 other vessels 
as the Secretary of Transportation shall determine are appropriate’’ 
after ‘‘Administration’’. 
SEC. 3504. DONATION OF EXCESS FUEL TO MARITIME ACADEMIES. 
Section 51103(b) 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 Transportation 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 determined by the entity having custody and control of 
such property to be excess or surplus, available to those institu-
tions for instructional purposes, by gift, loan, sale, lease, or 
charter on terms and conditions the Secretary considers appro-
priate. The consent of the Secretary of the Navy shall be 
obtained with respect to any property from National Defense 
Reserve Fleet vessels (50 U.S.C. App. 1744) where such vessels 
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.’’. 
SEC. 3505. CLARIFICATION OF HEADING. 
(a) IN GENERAL.—The section designation and heading for sec-
tion 57103 of title 46, United States Code, is amended to read 
as follows: 
‘‘§ 57103. Donation of nonretention vessels in the National 
Defense Reserve Fleet’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 571 of 
title 46, United States Code, is amended by striking the item 
relating to section 57103 and inserting the following: 
‘‘57103. Donation of nonretention vessels in the National Defense Reserve Fleet.’’. 
SEC. 3506. TRANSFER OF VESSELS TO THE NATIONAL DEFENSE 
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 TRANSFER VESSELS.— 
All Federal entities are authorized to transfer vessels to the
H. R. 4310—592 
National Defense Reserve Fleet without reimbursement subject to 
the approval of the Secretary of Transportation and the Secretary 
of the Navy with respect to Ready Reserve Force vessels and the 
Secretary of Transportation with respect to all other vessels.’’. 
SEC. 3507. AMENDMENTS RELATING TO THE NATIONAL DEFENSE 
RESERVE FLEET. 
Subparagraphs (B), (C), and (D) of section 11(c)(1) of the Mer-
chant Ship Sales Act of 1946 (50 U.S.C. App. 1744(c)(1)) are 
amended to read as follows: 
‘‘(B) activate and conduct sea trials on each vessel 
at a frequency that is deemed necessary; 
‘‘(C) maintain and adequately crew, as necessary, in 
an enhanced readiness status those vessels that are sched-
uled to be activated in 5 or less days; 
‘‘(D) locate those vessels that are scheduled to be acti-
vated near embarkation ports specified for those vessels; 
and’’. 
SEC. 3508. EXTENSION OF MARITIME SECURITY FLEET PROGRAM. 
(a) DEFINITIONS.—Section 53101 of title 46, United States Code, 
is amended— 
(1) by amending paragraph (4) to read as follows: 
‘‘(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); 
(3) by redesignating paragraphs (6) through (13) as para-
graphs (5) through (12), respectively; and 
(4) by amending paragraph (5), as so redesignated, 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 paragraph (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) VESSEL ELIGIBILITY.—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 paragraph (1), 
(2), (3), or (4) of subsection (c); 
‘‘(2) the vessel is operated (or in the case of a vessel 
to be constructed, will be operated) in providing 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 included in the Fleet;
H. R. 4310—593 
‘‘(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 determined by the Secretary of Defense; 
and 
‘‘(B) is commercially viable, as determined by the Sec-
retary; 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 demonstrated an 
intent to have the vessel documented under chapter 
121 of this title if it is included in the Fleet; and 
‘‘(ii) at the time an operating agreement for the 
vessel is entered into under this chapter, the vessel 
is eligible for documentation under chapter 121 of this 
title.’’. 
(c) OPERATING AGREEMENTS.—Section 53103 of such title is 
amended— 
(1) by amending subsection (b) to read as follows: 
‘‘(b) EXTENSION OF EXISTING OPERATING AGREEMENTS.— 
‘‘(1) OFFER TO EXTEND.—Not later than 60 days after the 
date of enactment of this paragraph, the Secretary shall offer, 
to an existing contractor, to extend, through September 30, 
2025, an operating agreement that is in existence on the date 
of enactment of this paragraph. The terms and conditions of 
the extended operating agreement shall include terms and 
conditions authorized under this chapter, as amended from 
time to time. 
‘‘(2) TIME
LIMIT.—An existing contractor shall have not 
later than 120 days after the date the Secretary offers to 
extend an operating agreement to agree to the extended oper-
ating agreement. 
‘‘(3) SUBSEQUENT AWARD.—The Secretary may award an 
operating agreement to an applicant that is eligible to enter 
into an operating agreement for fiscal years 2016 through 2025 
if the existing contractor does not agree to the extended oper-
ating agreement under paragraph (2).’’; and 
(2) by amending subsection (c) to read as follows: 
‘‘(c) PROCEDURE
FOR
AWARDING
NEW
OPERATING
AGREE-
MENTS.—The Secretary may enter into a new operating agreement 
with an applicant that meets the requirements of section 53102(c) 
(for vessels that meet the qualifications of section 53102(b)) on 
the basis of priority for vessel type established by military require-
ments of the Secretary of Defense. The Secretary shall allow an 
applicant at least 30 days to submit an application for a new 
operating agreement. After consideration of military requirements, 
priority shall be given to an applicant that is a United States 
citizen under section 50501 of this title. The Secretary may not 
approve an application without the consent of the Secretary of 
Defense. The Secretary shall enter into an operating agreement 
with the applicant or provide a written reason for denying the 
application.’’. 
(d) REPEAL OF EARLY TERMINATION BY CONTRACTOR.—Section 
53104 of such title is amended— 
(1) in subsection (c), by striking paragraph (3); and