2221 
ization Act for Fiscal Year 2018 (division B of Public Law 
115–91; 131 Stat. 1860) is amended— 
(1) by striking subsection (c); 
(2) by redesignating subsections (d) through (i) 
as subsections (e) through (j), respectively; and 
(3) by inserting after subsection (b) the fol-
lowing new subsections: 
‘‘(c) VALUATION.—The Secretary shall determine the 
fair market value of the properties, including improve-
ments thereon, to be exchanged by the Secretary and the 
Exchange Entity under subsection (a). 
‘‘(d) COMPENSATION.— 
‘‘(1) COMPENSATION
REQUIRED.—The Ex-
change Entity shall provide compensation under the 
land exchange agreement described in subsection (b) 
that is equal to or exceeds the fair market value of 
the NIROP, as determined under subsection (c). 
‘‘(2) IN-KIND CONSIDERATION.—As part of the 
compensation under the land exchange agreement, 
the Secretary and the Exchange Entity may agree 
for the Exchange Entity to provide the following 
forms of in-kind consideration at any property or fa-
cility under the control of the Secretary:
2222 
‘‘(A) Alteration, repair, improvement, or 
restoration (including environmental restora-
tion) of property. 
‘‘(B) Use of facilities by the Secretary. 
‘‘(C) Provision of real property mainte-
nance services. 
‘‘(D) Provision of or payment of utility 
services. 
‘‘(E) Provision of such other services relat-
ing to activities that will occur on the property 
as the Secretary considers appropriate. 
‘‘(3) DEPOSIT.—The Secretary shall deposit 
any cash payments received under the land exchange 
agreement, other than cash payments accepted 
under section 2695 of title 10, United States Code, 
in the account in the Treasury established pursuant 
to section 572(b) of title 40, United States Code. 
‘‘(4) USE OF PROCEEDS.—Proceeds deposited 
pursuant to paragraph (3) in the account referred to 
in such paragraph shall be available to the Secretary 
in such amounts as provided in appropriations Acts 
for the following activities: 
‘‘(A) Maintenance, protection, alternation, 
repair, improvement, or restoration (including
2223 
environmental restoration) of property or facili-
ties. 
‘‘(B) Payment of utilities services. 
‘‘(C) Real property maintenance services.’’. 
(d) TREATMENT
OF
CERTAIN
AMOUNTS
RE-
CEIVED.—Subsection (f) of section 2841 of the Military 
Construction Authorization Act for Fiscal Year 2018 (di-
vision B of Public Law 115–91; 131 Stat. 1861), as redes-
ignated by subsection (c)(2) of this section, is amended 
by striking ‘‘(a), (c)(2), and (d)’’and inserting ‘‘(a) and 
(e)’’. 
(e) SUNSET.—Subsection (j) of section 2841 of the 
Military Construction Authorization Act for Fiscal Year 
2018 (division B of Public Law 115–91; 131 Stat. 1861), 
as redesignated by subsection (c)(2) of this section, is 
amended by striking ‘‘October 1, 2023’’ and inserting 
‘‘October 1, 2026, if the Secretary and the Exchange Enti-
ty have not entered into a land exchange agreement de-
scribed in subsection (b) before that date’’. 
SEC. 2833. LAND CONVEYANCE, SHARPE ARMY DEPOT, 
LATHROP, CALIFORNIA. 
(a) CONVEYANCE AUTHORIZED.—If the Secretary of 
the Army determines that no department or agency of the 
Federal Government will accept the transfer of a parcel 
of real property consisting of approximately 525 acres at
2224 
Sharpe Army Depot in Lathrop, California, the Secretary 
may convey to the Port of Stockton, California, all right, 
title, and interest of the United States in and to the prop-
erty, including any improvements thereon, for the purpose 
of permitting the Port of Stockton to use the property for 
the development or operation of a port facility. 
(b) MODIFICATION OF PARCEL AUTHORIZED FOR 
CONVEYANCE.—If a department or agency of the Federal 
Government will accept the transfer of a portion of the 
parcel of real property described in subsection (a), the 
Secretary shall modify the conveyance authorized by such 
subsection to exclude the portion of the parcel to be ac-
cepted by that department or agency. 
(c) CONSIDERATION.— 
(1) PUBLIC BENEFIT CONVEYANCE.—The Sec-
retary of the Army may assign the property for con-
veyance under subsection (a) as a public benefit con-
veyance without monetary consideration to the Fed-
eral Government if the Port of Stockton satisfies the 
conveyance requirements specified in section 554 of 
title 40, United States Code. 
(2) FAIR
MARKET
VALUE.—If the Port of 
Stockton fails to qualify for a public benefit convey-
ance under paragraph (1) and still desires to acquire 
the real property described in subsection (a), the
2225 
Port of Stockton shall pay to the United States an 
amount equal to the fair market value of the prop-
erty to be conveyed. The Secretary shall determine 
the fair market value of the property using an inde-
pendent appraisal based on the highest and best use 
of the property. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the real property to be conveyed 
under subsection (a) shall be determined by a survey satis-
factory to the Secretary of the Army. The cost of the sur-
vey shall be borne by the Port of Stockton. 
(e) ADDITIONAL TERMS
AND CONDITIONS.—The 
Secretary of the Army may require such additional terms 
and conditions in connection with the conveyance under 
subsection (a) as the Secretary considers appropriate to 
protect the interests of the United States. 
(f) SUNSET.—If the real property authorized for con-
veyance by subsection (a) is not conveyed within 1 year 
after the date of the enactment of this Act, the Secretary 
of the Army may report the property excess for disposal 
in accordance with existing law. 
SEC. 2834. LAND EXCHANGE, SAN BERNARDINO COUNTY, 
CALIFORNIA. 
(a) DEFINITIONS.—In this section:
2226 
(1) COUNTY.—The term ‘‘County’’ means the 
County of San Bernardino, California. 
(2) FEDERAL LAND.—The term ‘‘Federal land’’ 
means the approximately 73 acres of Federal land 
generally depicted as ‘‘Federal Land Proposed for 
Exchange’’ on the map titled ‘‘Big Bear Land Ex-
change’’ and dated August 6, 2018. 
(3) NON-FEDERAL LAND.—The term ‘‘non-Fed-
eral land’’ means the approximately 71 acres of land 
owned by the County generally depicted as ‘‘Non- 
Federal Land Proposed for Exchange’’ on the map 
referred to in paragraph (2). 
(b) EXCHANGE AUTHORIZED.—Subject to valid exist-
ing rights and the terms of this section, no later than 1 
year after the date that the portion of the Pacific Crest 
National Scenic Trail is relocated in accordance with sub-
section (i), if the County offers to convey the non-Federal 
land to the United States, the Secretary of Agriculture 
shall— 
(1) convey to the County all right, title, and in-
terest of the United States in and to the Federal 
land; and 
(2) accept from the County a conveyance of all 
right, title, and interest of the County in and to the 
non-Federal land.
2227 
(c) EQUAL VALUE AND CASH EQUALIZATION.— 
(1) EQUAL VALUE EXCHANGE.—The land ex-
change under this section shall be for equal value, 
or the values shall be equalized by a cash payment 
as provided for under this subsection or an adjust-
ment in acreage. At the option of the County, any 
excess value of the non-Federal lands may be consid-
ered a gift to the United States. 
(2) 
CASH
EQUALIZATION
PAYMENT.—The 
County may equalize the values of the lands to be 
exchanged under this section by cash payment with-
out regard to any statutory limit on the amount of 
such a cash equalization payment. 
(3) DEPOSIT AND USE OF FUNDS RECEIVED 
FROM COUNTY.—Any cash equalization payment re-
ceived by the Secretary of Agriculture under this 
subsection shall be deposited in the fund established 
under Public Law 90–171 (16 U.S.C. 484a; com-
monly known as the Sisk Act). The funds so depos-
ited shall remain available to the Secretary of Agri-
culture, until expended, for the acquisition of lands, 
waters, and interests in land for the San Bernardino 
National Forest.
2228 
(d) APPRAISAL.—The Secretary of Agriculture shall 
complete an appraisal of the land to be exchanged under 
this section in accordance with— 
(1) the Uniform Appraisal Standards for Fed-
eral Land Acquisitions; and 
(2) the Uniform Standards of Professional Ap-
praisal Practice. 
(e) TITLE APPROVAL.—Title to the land to be ex-
changed under this section shall be in a format acceptable 
to the Secretary of Agriculture and the County. 
(f) SURVEY OF NON-FEDERAL LANDS.—Before com-
pleting the exchange under this section, the Secretary of 
Agriculture shall inspect the non-Federal lands to ensure 
that the land meets Federal standards, including haz-
ardous materials and land line surveys. 
(g) COSTS OF CONVEYANCE.—As a condition of the 
conveyance of the Federal land under this section, any 
costs related to the exchange under this section shall be 
paid by the County. 
(h) MANAGEMENT OF ACQUIRED LANDS.—The Sec-
retary of Agriculture shall manage the non-Federal land 
acquired under this section in accordance with the Act of 
March 1, 1911 (16 U.S.C. 480 et seq.; commonly known 
as the Weeks Act), and other laws and regulations per-
taining to National Forest System lands.
2229 
(i) PACIFIC CREST NATIONAL SCENIC TRAIL RELO-
CATION.—No later than 3 years after the date of enact-
ment of this Act, the Secretary of Agriculture, in accord-
ance with applicable laws, shall relocate the portion of the 
Pacific Crest National Scenic Trail located on the Federal 
land— 
(1) to adjacent National Forest System land; 
(2) to land owned by the County, subject to 
County approval; 
(3) to land within the Federal land, subject to 
County approval; or 
(4) in a manner that combines two or more of 
the options described in paragraphs (1), (2), and 
(3). 
(j) MAP AND LEGAL DESCRIPTIONS.—As soon as 
practicable after the date of the enactment of this Act, 
the Secretary of Agriculture shall finalize a map and legal 
descriptions of all land to be conveyed under this section. 
The Secretary may correct any minor errors in the map 
or in the legal descriptions. The map and legal descrip-
tions shall be on file and available for public inspection 
in appropriate offices of the Forest Service.
2230 
SEC. 
2835. 
LAND 
CONVEYANCE, 
OVER-THE-HORIZON 
BACKSCATTER RADAR SYSTEM RECEIVING 
STATION, MODOC COUNTY, CALIFORNIA. 
(a) CONVEYANCE REQUIRED.— 
(1) IN GENERAL.—As soon as practicable after 
receiving a request from Modoc County, California 
(in this section referred to as the ‘‘County’’) regard-
ing the conveyance required by this section, but sub-
ject to paragraph (2), the Secretary of Agriculture 
shall convey to the County all right, title, and inter-
est of the United States in and to a parcel of Na-
tional Forest System land, including improvements 
thereon, consisting of approximately 927 acres in 
Modoc National Forest in the State of California 
and 
containing 
an 
obsolete 
Over-the-Horizon 
Backscatter Radar System receiving station estab-
lished on the parcel pursuant to a memorandum of 
agreement between the Department of the Air Force 
and Forest Service dated May 18 and 23, 1987. 
(2) APPLICABLE LAW AND NATIONAL SECURITY 
DETERMINATION.—The Secretary of Agriculture 
shall carry out the conveyance under subsection (a) 
in accordance with this section and all other applica-
ble law, including the condition that the conveyance 
not take place until the Secretary, in consultation 
with the Secretary of the Air Force, determines that
2231 
the conveyance will not harm the national security 
interests of the United States. 
(b) PURPOSE OF CONVEYANCE.—The purpose of the 
conveyance under subsection (a) is to preserve and utilize 
the improvements constructed on the parcel of National 
Forest System land described in such subsection and to 
permit the County to use the conveyed property, including 
improvements thereon, for the development of renewable 
energy, including solar and biomass cogeneration. 
(c) CONSIDERATION.— 
(1) IN GENERAL.—As consideration for the con-
veyance under subsection (a), the County shall pay 
to the Secretary of Agriculture an amount that is 
not less than the fair market value of the parcel of 
land to be conveyed, as determined in accordance 
with the Uniform Appraisal Standards for Federal 
Land Acquisition and the Uniform Standards of 
Professional Appraisal Practice. 
(2) TREATMENT OF CASH CONSIDERATION.— 
The Secretary shall deposit the payment received 
under paragraph (1) in the account in the Treasury 
established by Public Law 90–171 (commonly known 
as the Sisk Act; 16 U.S.C. 484a). The amount de-
posited shall be available to the Secretary, in such 
amounts as may be provided in advance in appro-
2232 
priation Acts, to pay any necessary and incidental 
costs incurred by the Secretary in connection with 
the improvement, maintenance, reconstruction, or 
construction of a facility or improvement for the Na-
tional Forest System located in the State of Cali-
fornia. 
(d) RESERVATION OF EASEMENT RELATED TO CON-
TINUED USE OF WATER WELLS.—The conveyance re-
quired by subsection (a) shall be conditioned on the res-
ervation of an easement by the Secretary of Agriculture, 
subject to such terms and conditions as the Secretary 
deems appropriate, necessary to provide access for use au-
thorized by the Secretary of the four water wells in exist-
ence on the date of the enactment of this Act and associ-
ated water conveyance infrastructure on the parcel of Na-
tional Forest System lands to be conveyed. 
(e) WITHDRAWAL.—The National Forest System 
land described in subsection (a) is withdrawn from the op-
eration of the mining and mineral leasing laws of the 
United States. 
(f) PAYMENT OF COSTS OF CONVEYANCE.— 
(1) PAYMENT
REQUIRED.—The Secretary of 
Agriculture shall require the County to cover costs 
(except costs for environmental remediation of the 
property) to be incurred by the Secretary, or to re-
2233 
imburse the Secretary for such costs incurred by the 
Secretary, to carry out the conveyance under sub-
section (a), including survey costs, costs for environ-
mental documentation, and any other administrative 
costs related to the conveyance. If amounts are col-
lected from the County in advance of the Secretary 
incurring the actual costs, and the amount collected 
exceeds the costs actually incurred by the Secretary 
to carry out the conveyance, the Secretary shall re-
fund the excess amount to the County. 
(2) TREATMENT
OF
AMOUNTS
RECEIVED.— 
Amounts received as reimbursement under para-
graph (1) shall be credited to the fund or account 
that was used to cover those costs incurred by the 
Secretary of Agriculture in carrying out the convey-
ance. Amounts so credited shall be merged with 
amounts in such fund or account, and shall be avail-
able for the same purposes, and subject to the same 
conditions and limitations, as amounts in such fund 
or account. 
(g) ENVIRONMENTAL REMEDIATION.— 
(1) IN GENERAL.—To expedite the conveyance 
of the parcel of National Forest System land de-
scribed in subsection (a), including improvements 
thereon, environmental remediation of the land by
2234 
the Department of the Air Force shall be limited to 
the removal of the perimeter wooden fence, which 
was treated with an arsenic-based weatherproof 
coating, and treatment of soil affected by leaching of 
such chemical. 
(2) POTENTIAL FUTURE ENVIRONMENTAL RE-
MEDIATION
RESPONSIBILITIES.—Notwithstanding 
the conveyance of the parcel of National Forest Sys-
tem land described in subsection (a), the Secretary 
of the Air Force shall be responsible for the remedi-
ation of any environmental contamination, discov-
ered post-conveyance, that is attributed to Air Force 
occupancy of and operations on the parcel pre-con-
veyance. 
(h) COMPLIANCE WITH ENVIRONMENTAL LAWS.— 
Notwithstanding the requirements of section 120(h) of the 
Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9620(h)), the Sec-
retary of Agriculture shall not be required to provide any 
of the covenants and warranties otherwise required under 
such section in connection with the conveyance of the 
property under subsection (a). 
(i) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the property to be conveyed under
2235 
subsection (a) shall be determined by a survey satisfactory 
to the Secretary of Agriculture. 
SEC. 2836. TRANSFER OF ADMINISTRATIVE JURISDICTION, 
NAVAL SUPPORT ACTIVITY PANAMA CITY, 
FLORIDA, PARCEL. 
(a) TRANSFER TO THE SECRETARY OF THE NAVY.— 
Administrative jurisdiction over the parcel of Federal land 
consisting of approximately 1.23 acres located within 
Naval Support Activity Panama City, Florida, and used 
by the Department of the Navy pursuant to Executive 
Order No. 10355 of May 26, 1952, and Public Land 
Order Number 952 of April 6, 1954, is transferred from 
the Secretary of the Interior to the Secretary of the Navy. 
(b) LAND SURVEY.—The exact acreage and legal de-
scription of the Federal land transferred by subsection (a) 
shall be determined by a survey satisfactory to the Sec-
retary of the Navy and the Secretary of the Interior. 
(c) CONSIDERATION AND REIMBURSEMENT.— 
(1) NO
CONSIDERATION.—The transfer made 
by subsection (a) shall be without consideration. 
(2) REIMBURSEMENT.—The Secretary of the 
Navy shall reimburse the Secretary of the Interior 
for any costs incurred by the Secretary of the Inte-
rior under subsection (b) in conducting the survey
2236 
and preparing the legal description of the Federal 
land transferred by subsection (a). 
(d) STATUS
OF LAND AFTER TRANSFER.—Upon 
transfer of the Federal land by subsection (a), the land 
shall cease to be public land and shall be treated as prop-
erty (as defined in section 102(9) of title 40, United 
States Code) under the administrative jurisdiction of the 
Secretary of the Navy. 
SEC. 2837. LAND CONVEYANCE, MILAN ARMY AMMUNITION 
PLANT, TENNESSEE. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of 
the Army may convey to the City of Milan, Tennessee (in 
this section referred to as the ‘‘City’’), all right, title, and 
interest of the United States in and to parcels of real 
property, including any improvements thereon, at Milan 
Army Ammunition Plant, Tennessee, consisting of ap-
proximately 292 acres and commonly referred to as Par-
cels A, B and C. 
(b) CONSIDERATION.— 
(1) CONSIDERATION REQUIRED.—As consider-
ation for the conveyance under subsection (a), the 
City shall provide consideration an amount equiva-
lent to the fair market value of the property con-
veyed under such subsection, as determined by an 
appraisal approved by the Secretary of the Army.
2237 
The consideration may be in the form of cash pay-
ment, in-kind consideration, or a combination there-
of, provided at such time as the Secretary may re-
quire. 
(2) IN-KIND CONSIDERATION.—In-kind consid-
eration provided by the City under paragraph (1) 
may include the acquisition, construction, provision, 
improvement, maintenance, repair, or restoration 
(including environmental restoration), or combina-
tion thereof, of any facility, real property, or infra-
structure under the jurisdiction of the Secretary. 
(c) PAYMENT OF COSTS OF CONVEYANCE.— 
(1) PAYMENT
REQUIRED.—The Secretary of 
the Army shall require the City to pay costs to be 
incurred by the Secretary, or to reimburse the Sec-
retary for such costs incurred by the Secretary, to 
carry out the conveyance under subsection (a), in-
cluding survey costs, appraisal costs, costs for envi-
ronmental documentation related to the conveyance, 
and any other administrative costs related to the 
conveyance. 
(2) TREATMENT
OF
AMOUNTS
RECEIVED.— 
Amounts received as reimbursement under para-
graph (1) shall be credited to the fund or account 
that was used to pay the costs incurred by the Sec-
2238 
retary in carrying out the conveyance under sub-
section (a) or, if the period of availability of obliga-
tions for that appropriation has expired, to the ap-
propriations of fund that is currently available to the 
Secretary for the same purpose. Amounts so credited 
shall be merged with amounts in such fund or ac-
count and shall be available for the same purposes, 
and subject to the same conditions and limitations, 
as amounts in such fund or account. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory 
to the Secretary of the Army. 
(e) ADDITIONAL TERMS
AND CONDITIONS.—The 
Secretary of the Army may require such additional terms 
and conditions in connection with the conveyance under 
subsection (a) as the Secretary considers appropriate to 
protect the interests of the United States. 
Subtitle E—Military Land 
Withdrawals 
SEC. 2841. RENEWAL OF LAND WITHDRAWAL AND RES-
ERVATION TO BENEFIT NAVAL AIR FACILITY, 
EL CENTRO, CALIFORNIA. 
Section 2925 of the El Centro Naval Air Facility 
Ranges Withdrawal Act (subtitle B of title XXIX of Public
2239 
Law 104–201; 110 Stat. 2816) is amended by striking 
‘‘25 years after the date of the enactment of this subtitle’’ 
and inserting ‘‘on November 6, 2046’’. 
SEC. 2842. RENEWAL OF FALLON RANGE TRAINING COM-
PLEX LAND WITHDRAWAL AND RESERVA-
TION. 
Notwithstanding section 3015 of the Military Lands 
Withdrawal Act of 1999 (title XXX of Public Law 106– 
65; 113 Stat. 892), the withdrawal and reservation of 
lands (known as the Fallon Range Training Complex) 
made by section 3011(a) of such Act (113 Stat. 885) shall 
terminate on November 6, 2046. 
SEC. 2843. RENEWAL OF NEVADA TEST AND TRAINING 
RANGE LAND WITHDRAWAL AND RESERVA-
TION. 
Notwithstanding section 3015 of the Military Lands 
Withdrawal Act of 1999 (title XXX of Public Law 106– 
65; 113 Stat. 892), the withdrawal and reservation of 
lands (known as the Nevada Test and Training Range) 
made by section 3011(b) of such Act (113 Stat. 886) shall 
terminate on November 6, 2046. 
SEC. 2844. ADDITIONAL REQUIREMENTS REGARDING NE-
VADA TEST AND TRAINING RANGE. 
(a) DEFINITIONS.—In this section:
2240 
(1) The term ‘‘affected Indian tribe’’ means an 
Indian tribe that has historical connections to— 
(A) the land withdrawn and reserved as 
the Nevada Test and Training Range; or 
(B) the land included as part of the Desert 
National Wildlife Refuge. 
(2) The term ‘‘current memorandum of under-
standing’’ means the memorandum of understanding 
referred to in section 3011(b)(5)(E) of the Military 
Lands Withdrawal Act of 1999 (title XXX of Public 
Law 106–65; 113 Stat. 888) as in effect on the date 
of the enactment of this Act. 
(3) The term ‘‘heavy force’’ means a military 
unit with armored motorized equipment, such as 
tanks, motorized artillery, and armored personnel 
carriers. 
(4) The term ‘‘large force’’ means a military 
unit designated as a battalion or larger organiza-
tional unit. 
(5) The term ‘‘Nevada Test and Training 
Range’’ means the land known as the Nevada Test 
and Training Range withdrawn and reserved by sec-
tion 3011(b) of the Military Lands Withdrawal Act 
of 1999 (title XXX of Public Law 106–65; 113 Stat. 
886).
2241 
(6) The term ‘‘overlapping lands’’ means land 
withdrawn and reserved as the Nevada Test and 
Training Range that also is included as part of the 
Desert National Wildlife Refuge. This land is com-
monly referred to as the Joint-Use Area. 
(7) The term ‘‘revised memorandum of under-
standing’’ means the current memorandum of under-
standing revised as required by subsection (c)(1) 
and other provisions of this section. 
(8) The term ‘‘Secretaries’’ means the Sec-
retary of the Air Force and the Secretary of the In-
terior acting jointly. 
(9) The term ‘‘small force’’ means a military 
force of squad, platoon, or equivalent or smaller size. 
(b) IMPROVED COORDINATION AND MANAGEMENT 
OF OVERLAPPING LANDS.—The Secretaries shall coordi-
nate the management of the overlapping lands for military 
use and wildlife refuge purposes consistent with their re-
spective jurisdictional authorities described in paragraphs 
(3) and (5) of section 3011(b) of the Military Lands With-
drawal Act of 1999 (title XXX of Public Law 106–65; 
113 Stat. 887). 
(c) REVISION AND EXTENSION OF CURRENT MEMO-
RANDUM OF UNDERSTANDING.—
2242 
(1) REVISION
REQUIRED.—Not later than 2 
years after the date of the enactment of this Act, the 
Secretaries shall revise the current memorandum of 
understanding to facilitate the management of the 
overlapping lands— 
(A) for the purposes for which the Desert 
National Wildlife Refuge was established; and 
(B) to support military training needs con-
sistent with the uses described under section 
3011(b)(1) of the Military Lands Withdrawal 
Act of 1999 (title XXX of Public Law 106–65; 
113 Stat. 886), as modified by subsection (f). 
(2) RELATION TO CURRENT LAW.—Upon com-
pletion of the revision process, the revised memo-
randum of understanding shall supersede the cur-
rent memorandum of understanding. Subject to 
paragraph (1) and subsection (d), clauses (i), (ii), 
(iii), and (iv) of section 3011(b)(5)(E) of the Mili-
tary Lands Withdrawal Act of 1999 (title XXX of 
Public Law 106–65; 113 Stat. 888) shall apply to 
the revised memorandum of understanding in the 
same manner as such clauses applied to the current 
memorandum of understanding. 
(d) ELEMENTS OF REVISED MEMORANDUM OF UN-
DERSTANDING.—
2243 
(1) IN GENERAL.—The revised memorandum of 
understanding shall include, at a minimum, provi-
sions to address the following: 
(A) The proper management and protec-
tion of the natural and cultural resources of the 
overlapping lands. 
(B) The sustainable use by the public of 
such resources to the extent consistent with ex-
isting laws and regulations, including applicable 
environmental laws. 
(C) The use of the overlapping lands for 
the military training needs for which the lands 
are withdrawn and reserved and for wildlife 
conservation purposes for which the Desert Na-
tional Wildlife Refuge was established, con-
sistent with their respective jurisdictional au-
thorities. 
(2) CONSULTATION.—The Secretaries shall pre-
pare the revised memorandum of understanding in 
consultation with the following: 
(A) The resource consultative committee. 
(B) Affected Indian tribes. 
(3) TRIBAL ISSUES.—The revised memorandum 
of understanding shall include provisions to address
2244 
the manner in which the Secretary of the Air Force 
will accomplish the following: 
(A) Meet the United States trust respon-
sibilities with respect to affected Indian tribes, 
tribal lands, and rights reserved by treaty or 
Federal law affected by the withdrawal and res-
ervation of the overlapping lands. 
(B) Guarantee reasonable access to, and 
use by members of affected Indian tribes of 
high priority cultural sites throughout the Ne-
vada Test and Training Range, including the 
overlapping lands, consistent with the reserva-
tion of the lands for military use. 
(C) Protect identified cultural and archae-
ological sites throughout the Nevada Test and 
Training Range, including the overlapping 
lands, and, in the event of an inadvertent 
ground disturbance of such a site, implement 
appropriate response activities to once again fa-
cilitate historic and subsistence use of the site 
by members of affected Indian tribes. 
(D) Provide for timely consultation with 
affected Indian tribes as required by paragraph 
(2).
2245 
(4) GUARANTEEING DEPARTMENT OF THE IN-
TERIOR ACCESS.—The revised memorandum of un-
derstanding shall guarantee that the Secretary of 
the Interior, acting through the United States Fish 
and Wildlife Service, has access to the overlapping 
lands for not less than 54 days during each calendar 
year to carry out the management responsibilities of 
the United States Fish and Wildlife Service regard-
ing the Desert National Wildlife Refuge. 
(5) 
ELEMENTS
OF
USFWS
ACCESS.—The 
United States Fish and Wildlife Service may carry 
out more than one management responsibility on the 
overlapping lands on an access day guaranteed by 
paragraph (4). Recognized United States Fish and 
Wildlife Service management responsibilities include 
the following: 
(A) The installation or maintenance of 
wildlife water development projects, for which 
at least 15 access days guaranteed by para-
graph (4) shall be annually allotted during 
spring or winter months. 
(B) The conduct of annual desert bighorn 
sheep surveys. 
(C) The management of the annual desert 
bighorn sheep hunt in accordance with the Na-
2246 
tional Wildlife Refuge System Administration 
Act of 1966 (16 U.S.C. 668dd–668ee), for 
which at least 16 access days guaranteed by 
paragraph (4) shall be allotted. 
(D) The conduct of annual biological sur-
veys for the Agassiz’s desert tortoise and other 
federally protected species, State-listed and at- 
risk species, migratory birds, golden eagle nests 
and rare plants, for which at least 30 access 
days guaranteed by paragraph (4) shall be an-
nually allotted during spring or summer 
months. 
(E) The conduct of annual invasive species 
surveys and treatment, for which at least 15 ac-
cess days guaranteed by paragraph (4) shall be 
annually allotted during spring or summer 
months. 
(F) The conduct of annual contaminant 
surveys of soil, springs, groundwater and vege-
tation, for which at least 10 access days guar-
anteed by paragraph (4) shall be annually allot-
ted during spring or summer months. 
(G) The regular installation and mainte-
nance of climate monitoring systems.
2247 
(H) Such additional access opportunities, 
as needed, for wildlife research, including Glob-
al Positioning System collaring of desert big-
horn sheep, bighorn sheep disease monitoring, 
investigation of wildlife mortalities, and deploy-
ing, maintaining, and retrieving output from 
wildlife camera traps. 
(6) HUNTING, FISHING, AND TRAPPING.—The 
revised memorandum of understanding shall con-
tinue to require that any hunting, fishing, and trap-
ping on the overlapping lands is conducted in ac-
cordance with section 3020 of the Military Lands 
Withdrawal Act of 1999 (title XXX of Public Law 
106–65; 113 Stat. 896). 
(7) OTHER REQUIRED MATTERS.—The revised 
memorandum of understanding also shall include 
provisions regarding the following: 
(A) The identification of current test and 
target impact areas and related buffer or safety 
zones, to the extent consistent with military 
purposes. 
(B) The design and construction of all 
gates, fences, and barriers in the overlapping 
lands, to be constructed after the date of the 
enactment of this Act, in a manner to allow
2248 
wildlife access, to the extent practicable and 
consistent with military security, safety, and 
sound wildlife management use. 
(C) The incorporation of any existing man-
agement plans pertaining to the overlapping 
lands to the extent that the Secretaries, upon 
review of such plans, determine that incorpora-
tion into the revised memorandum of under-
standing is appropriate. 
(D) Procedures to ensure periodic reviews 
of the revised memorandum of understanding 
are conducted by the Secretaries, and that the 
State of Nevada, affected Indian tribes, and the 
public are provided a meaningful opportunity to 
comment upon any proposed substantial revi-
sions. 
(e) RESOURCE CONSULTATIVE COMMITTEE.— 
(1) ESTABLISHMENT REQUIRED.—Pursuant to 
the revised memorandum of understanding, the Sec-
retaries shall establish a resource consultative com-
mittee comprised of members, designated at the dis-
cretion of the Secretaries, from the following: 
(A) Interested Federal agencies. 
(B) At least one elected official (or other 
authorized representative) from the State of
2249 
Nevada generally and at least one representa-
tive from the Nevada Department of Wildlife. 
(C) At least one elected official (or other 
authorized representative) from each local and 
tribal government impacted by the Nevada Test 
and Training Range. 
(D) At least one representative of an inter-
ested conservation organization. 
(E) At least one representative of a sports-
men’s organization. 
(F) At least one member of the general 
public familiar with the overlapping lands and 
resources thereon. 
(2) PURPOSE.—The resource consultative com-
mittee shall be established solely for the purpose of 
exchanging views, information, and advice relating 
to the management of the natural and cultural re-
sources of the Nevada Test and Training Range. 
(3) OPERATIONAL
BASIS.—The resource con-
sultative committee shall operate in accordance with 
the terms set forth in the revised memorandum of 
understanding, which shall specify the Federal agen-
cies and elected officers or representatives of State, 
local, and tribal governments to be invited to partici-
pate. The memorandum of understanding shall es-
2250 
tablish procedures for creating a forum for exchang-
ing views, information, and advice relating to the 
management of natural and cultural resources on 
the lands concerned, procedures for rotating the 
chair of the committee, and procedures for sched-
uling regular meetings. 
(4) COORDINATOR.—The Secretaries shall ap-
point an individual to serve as coordinator of the re-
source consultative committee. The duties of the co-
ordinator shall be specified in the revised memo-
randum of understanding. The coordinator shall not 
be a member of the committee. 
(f) AUTHORIZED AND PROHIBITED ACTIVITIES.— 
(1) ADDITIONAL
AUTHORIZED
ACTIVITIES.— 
Additional military activities on the overlapping 
lands are authorized to be conducted, in a manner 
consistent with the National Wildlife Refuge System 
Administration Act of 1966 (16 U.S.C. 668dd et 
seq.), as follows: 
(A) Emergency response. 
(B) Establishment and use of existing or 
new electronic tracking and communications 
sites. 
(C) Continued use of roads in existence as 
of the date of the enactment of this Act and
2251 
maintenance of such a road consistent with the 
types of purposes for which the road has been 
used as of that date. 
(D) Small force readiness training by Air 
Force, Joint, or Coalition forces. 
(2) PROHIBITED
ACTIVITIES.—Military activi-
ties on the overlapping lands are prohibited for the 
following purposes: 
(A) Large force or heavy force activities. 
(B) Designation of new weapon impact 
areas. 
(C) Any ground disturbance activity not 
authorized by paragraphs (1) and (2) of sub-
section (c). 
(3) RULES
OF
CONSTRUCTION.—Nothing in 
this subsection shall be construed to preclude the 
following regarding the overlapping lands: 
(A) Low-level overflights of military air-
craft, except that low-level flights of military 
aircraft over the United States Fish and Wild-
life Service Corn Creek field station and visitor 
center are prohibited. 
(B) The designation of new units of special 
use airspace.
2252 
(C) The use or establishment of military 
flight training routes. 
(g) TRIBAL LIAISON POSITIONS.— 
(1) ACCESS COORDINATOR.—The Secretary of 
the Air Force shall create a tribal liaison position for 
the Nevada Test and Training Range, to be held by 
a member of an affected Indian tribe, who will help 
coordinate access to cultural and archaeological sites 
throughout the Nevada Test and Training Range 
and accompany members of Indian tribes accessing 
such sites. 
(2) CULTURAL RESOURCES LIAISON.—The Sec-
retary of the Air Force shall create a tribal liaison 
position for the Nevada Test and Training Range, to 
be held by a member of an affected Indian tribe, 
who will serve as a tribal cultural resources liaison 
to ensure that— 
(A) appropriate steps are being taken to 
protect 
cultural 
and 
archaeological 
sites 
throughout the Nevada Test and Training 
Range; and 
(B) the management plan for the Nevada 
Test and Training Range is being followed. 
(h) FISH AND WILDLIFE LIAISON.—The Secretaries 
shall create a Fish and Wildlife Service liaison position
2253 
for the Nevada Test and Training Range, to be held by 
a Fish and Wildlife Service official designated by the Di-
rector of the United States Fish and Wildlife Service, who 
will serve as a liaison to ensure that— 
(1) appropriate steps are being taken to protect 
Fish and Wildlife Service managed resources 
throughout the Nevada Test and Training Range; 
and 
(2) the management plan for the Nevada Test 
and Training Range is being followed. 
SEC. 2845. SPECIFIED DURATION OF WHITE SANDS MISSILE 
RANGE LAND WITHDRAWAL AND RESERVA-
TION AND ESTABLISHMENT OF SPECIAL RES-
ERVATION AREA FOR NORTHERN AND WEST-
ERN EXTENSION AREAS. 
(a) DURATION OF LAND WITHDRAWAL AND RES-
ERVATION.—The withdrawal and reservation of lands 
(known as the White Sands Missile Range) made by sec-
tion 2951 of the Military Land Withdrawals Act of 2013 
(title XXIX of Public Law 113–66; 127 Stat. 1039), and 
the special reservation area established by this section, 
shall terminate on October 1, 2046. 
(b) SPECIAL RESERVATION AREA.— 
(1) ESTABLISHMENT.—There is hereby estab-
lished a special reservation area consisting of the ap-
2254 
proximately 341,415 acres of public land (including 
interests in land) in Socorro and Torrance Counties, 
New Mexico, and the approximately 352,115 acres 
of public land (including interests in land) in Sierra, 
Socorro, and Don˜a Ana Counties, New Mexico, de-
picted as Northern Call-Up Area and Western Call- 
Up Area, respectively, on the maps entitled ‘‘WSMR 
Northern Call-Up Area’’ and ‘‘WSMR Western Call- 
Up Area’’, both dated August 16, 2016. These lands 
include approximately 10,775 acres under the ad-
ministrative jurisdiction of the Secretary of the 
Army. 
(2) RESERVATION
GENERALLY.—The special 
reservation area, excluding the portion of the special 
reservation area under the administrative jurisdic-
tion of the Secretary of the Army, is reserved for use 
by the Secretary of the Army for military purposes 
consisting of overflight research, development, test, 
and evaluation and training. 
(3) ARMY LANDS.—The portion of the special 
reservation area under the administrative jurisdic-
tion of the Secretary of the Army is reserved for use 
by the Secretary of the Army for military purposes 
as determined by the Secretary of the Army.
2255 
(c) EXCEPTION FROM SPECIAL RESERVATION.—The 
Secretary of the Army may permit, on a case-by-case basis 
and consistent with section 44718 of title 49, United 
States Code, the erection in the special reservation area 
established by subsection (b) of a structure that extends 
higher than 50 feet in height above the surface estate. 
(d) MAPS AND LEGAL DESCRIPTIONS.—Section 3012 
of the Military Land Withdrawals Act of 2013 (title XXIX 
of Public Law 113–66; 127 Stat. 1026) shall apply with 
respect to the maps referred to in subsection (a) and the 
preparation of legal descriptions of the special reservation 
area established by subsection (b), except that the ref-
erence to the date of the enactment of that Act shall be 
deemed to refer to the date of the enactment of this Act. 
(e) RULES OF CONSTRUCTION.—The establishment 
of the special reservation area by subsection (b) shall not 
be construed— 
(1) to alter the terms, operation, or duration of 
any agreement entered into by the Secretary of the 
Army or the Secretary of the Interior involving any 
portion of the lands included in the special reserva-
tion area, and the Secretaries shall continue to com-
ply with the terms of any such agreement; or 
(2) to vest in the Secretary of the Army or the 
Secretary of the Interior any authority vested in the
2256 
Secretary of Transportation or the Administrator of 
the Federal Aviation Administration. 
SEC. 2846. GRAND CANYON CENTENNIAL PROTECTION ACT. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Grand Canyon Centennial Protection Act’’. 
(b) WITHDRAWAL OF CERTAIN FEDERAL LAND IN 
THE STATE OF ARIZONA.— 
(1) DEFINITION OF MAP.—In this section, the 
term ‘‘Map’’ means the map prepared by the Bureau 
of Land Management entitled ‘‘Grand Canyon Cen-
tennial Protection Act’’ and dated July 11, 2019. 
(2) WITHDRAWAL.—Subject to valid existing 
rights, the approximately 1,006,545 acres of Federal 
land in the State of Arizona, generally depicted on 
the Map as ‘‘Federal Mineral Estate to be With-
drawn’’, including any land or interest in land that 
is acquired by the United States after the date of 
the enactment of this section, are hereby withdrawn 
from— 
(A) all forms of entry, appropriation, and 
disposal under the public land laws; 
(B) location, entry, and patent under the 
mining laws; and 
(C) operation of the mineral leasing, min-
eral materials, and geothermal leasing laws.
2257 
(3) AVAILABILITY OF MAP.—The Map shall be 
kept on file and made available for public inspection 
in the appropriate offices of the Forest Service and 
the Bureau of Land Management. 
Subtitle F—Asia-Pacific and Indo- 
Pacific Issues 
SEC. 2851. CHANGE TO BIENNIAL REPORTING REQUIRE-
MENT FOR INTERAGENCY COORDINATION 
GROUP OF INSPECTORS GENERAL FOR GUAM 
REALIGNMENT. 
Section 2835(e)(1) of the Military Construction Au-
thorization Act for Fiscal Year 2010 (division B of Public 
Law 111–84; 10 U.S.C. 2687 note) is amended— 
(1) in the paragraph heading, by striking ‘‘AN-
NUAL’’ and inserting ‘‘BIENNIAL’’; and 
(2) in the matter preceding subparagraph (A)— 
(A) by striking ‘‘February 1 of each year’’ 
and inserting ‘‘February 1, 2022, and every 
second February 1 thereafter’’; 
(B) by striking ‘‘fiscal year’’ and inserting 
‘‘2 fiscal years’’; 
(C) by striking ‘‘such year’’ and inserting 
‘‘such years’’; and 
(D) by striking ‘‘the year’’ and inserting 
‘‘the years’’.
2258 
SEC. 2852. ADDITIONAL EXCEPTION TO RESTRICTION ON 
DEVELOPMENT 
OF 
PUBLIC 
INFRASTRUC-
TURE IN CONNECTION WITH REALIGNMENT 
OF MARINE CORPS FORCES IN ASIA-PACIFIC 
REGION. 
Notwithstanding section 2821(b) of the Military Con-
struction Authorization Act for Fiscal Year 2015 (division 
B of Public Law 113–291; 10 U.S.C. 2687 note), the Sec-
retary of Defense may proceed with the public infrastruc-
ture project on Guam intended to provide a new public 
health laboratory, as identified in the report prepared by 
the Secretary of Defense under section 2822(d)(2) of the 
Military Construction Authorization Act for Fiscal Year 
2014 (division B of Public Law 113–66; 127 Stat. 1017) 
and entitled ‘‘Economic Adjustment Committee Imple-
mentation Plan Supporting the Preferred Alternative for 
the Relocation of Marine Corps Forces to Guam’’, subject 
to the availability of funds for the project. 
SEC. 2853. DEVELOPMENT OF MASTER PLAN FOR INFRA-
STRUCTURE 
TO 
SUPPORT 
ROTATIONAL 
ARMED FORCES IN AUSTRALIA. 
(a) MASTER PLAN REQUIRED.—The Secretary of 
Defense shall develop a master plan for the construction 
of infrastructure required to support the rotational pres-
ence of units and members the United States Armed 
Forces in the Northern Territory of the Commonwealth
2259 
of Australia (in this section referred to as the ‘‘Northern 
Territory’’). 
(b) MASTER PLAN ELEMENTS.—The master plan 
shall include the following: 
(1) A list and description of the scope, cost, and 
schedule for each military construction, repair, or 
other infrastructure project carried out at installa-
tions or training areas in the Northern Territory 
since October 1, 2011. 
(2) A list and description of the scope, cost, and 
schedule for each military construction, repair, or 
other infrastructure project anticipated to be nec-
essary at installations or training areas in the 
Northern Territory during the 10-year period begin-
ning on the date of the enactment of this Act. 
(3) The site plans for each installation and 
training area in the Northern Territory. 
(4) For each project included in the master 
plan pursuant to paragraph (1) or (2), an expla-
nation of— 
(A) whether the proponent of the project 
was the Secretary of a military department, a 
combat support agency, a combatant command, 
or the Commonwealth of Australia; and
2260 
(B) the funding source, or anticipated re-
source sponsor, for the project, including 
whether the project is funded by the United 
States, by the Commonwealth of Australia, or 
jointly by both countries. 
(5) Such other issues as determined by the Sec-
retary of Defense to be appropriate. 
(c) COORDINATION.—The Secretary of Defense shall 
coordinate with the Commander of United States Indo- 
Pacific Command and the Secretaries of the military de-
partments to develop the master plan. 
(d) REPORT REQUIREMENT.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report containing a copy of the master plan. 
The report shall be submitted in unclassified form, but 
may include a classified annex. 
SEC. 2854. STUDY AND STRATEGY REGARDING BULK FUELS 
MANAGEMENT IN UNITED STATES INDO-PA-
CIFIC COMMAND AREA OF RESPONSIBILITY. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The ordering and delivery of bulk fuels is 
organizationally bifurcated to the detriment of the 
Department of Defense.
2261 
(2) Legacy bulk fuel management will not meet 
the accelerated pace of operations required to sup-
port the National Defense Strategy and the empha-
sis on disaggregated operations. 
(3) The number of United States flagged 
tanking vessels continues to decline, which has re-
sulted in an excessive reliance on foreign flagged 
tanking vessels to be available to support the Na-
tional Defense Strategy. 
(4) A foreign flagged tanking vessel support 
strategy induces excessive risk to support United 
States disaggregated operations in a highly con-
tested environment. 
(5) The inadequacies of the legacy bulk fuel 
management strategy is particularly acute in the 
United States Indo-Pacific Command Area of Re-
sponsibility. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that a single organizational element should be re-
sponsible for the bulk fuel management and delivery 
throughout the United States Indo-Pacific Command Area 
of Responsibility. 
(c) STUDY AND STRATEGY REQUIRED.—The Sec-
retary of the Navy shall—
2262 
(1) conduct a study of current and projected 
bulk fuel management strategies in the United 
States Indo-Pacific Command Area of Responsi-
bility; and 
(2) prepare a proposed bulk fuel management 
strategy that optimally supports bulk fuel manage-
ment in the United States Indo-Pacific Command 
Area of Responsibility. 
(d) ELEMENTS OF STUDY.—The study required by 
subsection (c) shall include the following elements: 
(1) A description of current organizational re-
sponsibility of bulk fuel management in the United 
States Indo-Pacific Command Area of Responsibility 
from ordering, storage, strategic transportation, and 
tactical transportation to the last tactical mile. 
(2) A description of legacy bulk fuel manage-
ment assets that can be used to support the United 
States Indo-Pacific Command. 
(3) Options for congressional consideration to 
better align organizational responsibility through the 
entirety of the bulk fuel management system in the 
United States Indo-Pacific Command Area of Re-
sponsibility, as proposed in the bulk fuel manage-
ment strategy prepared pursuant to paragraph (2) 
of such subsection.
2263 
(e) COORDINATION.—The Secretary of the Navy shall 
conduct the study and prepare the bulk fuel management 
strategy required by subsection (c) in coordination with 
subject-matter experts of the United States Indo-Pacific 
Command, the United States Transportation Command, 
and the Defense Logistics Agency. 
(f) REPORT REQUIRED.—Not later than 1 year after 
the date of the enactment of this Act, the Secretary of 
the Navy shall submit to the congressional defense com-
mittees a report containing the results of the study re-
quired by subsection (c) and the bulk fuel management 
strategy required by such subsection. 
(g) PROHIBITION
ON
CERTAIN
CONSTRUCTION 
PENDING REPORT.—None of the funds authorized to be 
appropriated by this Act or otherwise made available for 
fiscal year 2021 for the Navy for construction related to 
additional bulk fuel storage in the United States Indo-Pa-
cific Command Area of Responsibility may be obligated 
or expended until the report required by subsection (f) is 
submitted to the congressional defense committees. 
SEC. 2855. DEPARTMENT OF DEFENSE REPORT ON EASE-
MENTS AND LEASED LANDS IN HAWAI‘I. 
(a) FINDINGS.—Congress finds the following: 
(1) Lands throughout the State of Hawai‘i cur-
rently owned and leased by the Department of De-
2264 
fense or in which the Department of Defense other-
wise has a real property interest are critical to main-
taining the readiness of the Armed Forces now sta-
tioned or to be stationed in Hawai‘i and throughout 
the Indo-Pacific region and elsewhere. 
(2) Securing long-term continued utilization of 
those lands by the Armed Forces is thus critical to 
the national defense. 
(3) As a result of various factors, including 
complex land ownership and utilization issues and 
competing actual and potential uses, the inter-
dependency of the various military components, and 
the necessity of maintaining public support for the 
presence and operations of the Armed Forces, the 
realization of the congressional and Department of 
Defense goals of ensuring the continuity of critical 
land and facilities infrastructure requires a sus-
tained, dedicated, funded, top-level effort to coordi-
nate realization of these goals across the Armed 
Forces, between the Department of Defense and 
other agencies of the Federal Government, and be-
tween the Department of Defense and the State of 
Hawai‘i and its civilian sector. 
(4) The end result of this effort must account 
for military and civilian concerns and for the chang-
2265 
ing missions and needs of all components of the 
Armed Forces stationed or otherwise operating out 
of the State of Hawai‘i as the Department of De-
fense adjusts to meet the objectives outlined in the 
National Defense Strategy. 
(b) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Under 
Secretary of Defense for Acquisition and Sustainment 
shall submit to the congressional defense committee a re-
port describing the progress being made by the Depart-
ment of Defense to renew Department of Defense land 
leases and easements in the State of Hawai‘i that encom-
pass one acre or more and will expire before January 1, 
2030. The report shall include the following: 
(1) The location, size, and expiration date of 
each lease and easement. 
(2) Major milestones and expected timelines for 
maintaining access to the land covered by each lease 
and easement. 
(3) Actions completed over the preceding 2 
years for each lease and easement. 
(4) Department-wide and service-specific au-
thorities governing each lease and easement exten-
sion.
2266 
(5) A summary of coordination efforts between 
the Secretary of Defense and the Secretaries of the 
military departments. 
(6) The status of efforts to develop an inven-
tory of military land in Hawai‘i, to include current 
possible future uses, that would assist in land nego-
tiations with the State of Hawai‘i. 
(7) The risks and potential solutions to ensure 
the renewability of required and critical leases and 
easements. 
Subtitle G—Other Matters 
SEC. 2861. DEFENSE COMMUNITY INFRASTRUCTURE PRO-
GRAM. 
(a) PRIORITIZATION OF COMMUNITY INFRASTRUC-
TURE PROJECTS.—Section 2391(d)(1) of title 10, United 
States Code, is amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(1)’’; 
(2) by striking ‘‘, if the Secretary determines 
that such assistance will enhance the military value, 
resilience, or military family quality of life at such 
military installation’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(B) The Secretary shall establish criteria for the se-
lection of community infrastructure projects to receive as-
2267 
sistance under this subsection, including selection of com-
munity infrastructure projects in the following order of 
priority: 
‘‘(i) Projects that will enhance military installa-
tion resilience. 
‘‘(ii) Projects that will enhance military value at 
a military installation. 
‘‘(iii) Projects that will enhance military family 
quality of life at a military installation.’’. 
(b) COST-SHARING REQUIREMENTS.—Paragraph (2) 
of section 2391(d) of title 10, United States Code, is 
amended to read as follows: 
‘‘(2)(A) The criteria established for the selection of 
community infrastructure projects to receive assistance 
under this subsection shall include a requirement that, ex-
cept as provided in subparagraph (B), the State or local 
government agree to contribute not less than 30 percent 
of the funding for the community infrastructure project. 
‘‘(B) If a proposed community infrastructure project 
will be carried out in a rural area or the Secretary of De-
fense determines that a proposed community infrastruc-
ture project is advantageous for reasons related to na-
tional security, the Secretary— 
‘‘(i) shall not penalize a State or local govern-
ment for offering to make a contribution of 30 per-
2268 
cent or less of the funding for the community infra-
structure project; and 
‘‘(ii) may reduce the requirement for a State or 
local government contribution to 30 percent or less 
or waive the cost-sharing requirement entirely.’’. 
(c) SPECIFIED DURATION
OF PROGRAM.—Section 
2391(d)(4) of title 10, United States Code, is amended 
by striking ‘‘upon the expiration of the 10-year period 
which begins on the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 2019’’ and in-
serting ‘‘on September 30, 2028’’. 
(d) CLARIFICATION OF MILITARY FAMILY QUALITY 
OF LIFE CRITERIA.—Section 2391(e)(4) of title 10, 
United States Code, is amended by adding at the end the 
following new subparagraph: 
‘‘(C) For the purposes of determining whether 
proposed community infrastructure will enhance 
quality of life, the Secretary of Defense shall con-
sider the impact of the community infrastructure on 
alleviating installation commuter workforce issues 
and the benefit of schools or other local infrastruc-
ture located off of a military installation that will 
support members of the armed forces and their de-
pendents residing in the community.’’.
2269 
SEC. 2862. PILOT PROGRAM ON REDUCTION OF EFFECTS 
OF MILITARY AVIATION NOISE ON CERTAIN 
COVERED PROPERTY. 
(a) IN GENERAL.—The Secretary of Defense shall 
carry out a 5-year pilot program under which the com-
mander of a military installation may provide funds for 
the purpose of installing noise insulation on covered prop-
erty impacted by military aviation noise from aircraft uti-
lizing the installation. 
(b) COST SHARING REQUIREMENT.—To be eligible to 
receive funds under the pilot program, a recipient shall 
enter into an agreement with the commander to cover at 
least 50 percent of the cost to acquire and install the noise 
insulation for the covered property. 
(c) NOISE REDUCTION THRESHOLD.—To be eligible 
to receive funds under the pilot program, the commander 
must determine that, if noise insulation is installed as re-
quested, noise at the covered property would be reduced 
by at least five dB. 
(d) OTHER FUNDING LIMITATIONS.—Funds pro-
vided under the pilot program shall be used for the instal-
lation of noise insulation for covered property— 
(1) located within a Department of Defense 
noise contour between 65 dB day-night average 
sound level and 75 dB day-night average sound level 
as validated on a National Environmental Policy
2270 
Act-compliant assessment within the past three 
years; and 
(2) where interior noise has been measured at 
45 dB day-night average sound level by the installa-
tion. 
(e) GOALS AND BEST PRACTICES.—In carrying out 
the pilot program, a commander shall pursue the following 
goals and use the following best practices: 
(1) Minimize cost in order to maximize the 
quantity of covered property served. 
(2) Focus efforts on covered property newly im-
pacted by increased noise levels. 
(f) COVERED PROPERTY DEFINED.—For purposes of 
the pilot program, the term ‘‘covered property’’ means the 
following: 
(1) A private residence. 
(2) A hospital. 
(3) A daycare facility. 
(4) A school. 
(5) A facility whose primary purpose is serving 
senior citizens. 
(g) CONDITION ON COMMENCEMENT.—Commence-
ment of the pilot program shall be subject to the avail-
ability of appropriations for the program.
2271 
SEC. 2863. DEPARTMENT OF DEFENSE POLICY FOR REGU-
LATION OF DANGEROUS DOGS IN MILITARY 
COMMUNITIES. 
(a) POLICY REQUIRED.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of 
Defense, through the Veterinary Service Activity of the 
Department of Defense, shall establish a standardized pol-
icy applicable across all military communities for the regu-
lation of dangerous dogs that is— 
(1) breed-neutral; and 
(2) consistent with advice from professional vet-
erinary and animal behavior experts in regard to ef-
fective regulation of dangerous dogs. 
(b) REGULATIONS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary shall prescribe regulations implementing the 
policy established under subsection (a). 
(2) BEST
PRACTICES.—The regulations pre-
scribed under paragraph (1) shall include strategies, 
for implementation within all military communities, 
for the prevention of dog bites that are consistent 
with the following best practices: 
(A) 
Enforcement 
of 
comprehensive, 
nonbreed-specific regulations relating to dan-
gerous dogs, with emphasis on identification of
2272 
dangerous dog behavior and chronically irre-
sponsible owners. 
(B) Enforcement of animal control regula-
tions, such as leash laws and stray animal con-
trol policies. 
(C) Promotion and communication of re-
sources for pet spaying and neutering. 
(D) Investment in community education 
initiatives, such as teaching criteria for pet se-
lection, pet care best practices, owner respon-
sibilities, and safe and appropriate interaction 
with dogs. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘dangerous dog’’ means a dog 
that— 
(A) has attacked a person or another ani-
mal without justification, causing injury or 
death to the person or animal; or 
(B) exhibits behavior that reasonably sug-
gests the likely risk of such an attack. 
(2) The term ‘‘military communities’’ means— 
(A) all installations of the Department; 
and
2273 
(B) 
all 
military 
housing, 
including 
privatized military housing under subchapter IV 
of chapter 169 of title 10, United States Code. 
SEC. 2864. RESPONSIBILITY OF NAVY FOR MILITARY CON-
STRUCTION REQUIREMENTS FOR CERTAIN 
FLEET READINESS CENTERS. 
The Navy shall be responsible for programming, re-
questing, and executing any military construction require-
ments related to any Fleet Readiness Center that is a ten-
ant command at a Marine Corps installation. 
TITLE XXIX—OVERSEAS CONTIN-
GENCY 
OPERATIONS 
MILI-
TARY CONSTRUCTION 
SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
The Secretary of the Navy may acquire real property 
and carry out the military construction projects for the 
installation outside the United States, and in the amount, 
set forth in the following table: 
Navy: Outside the United States 
Country 
Location 
Amount 
Spain .............................
Rota ......................................................................
$59,230,000 
SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
The Secretary of the Air Force may acquire real 
property and carry out the military construction projects
2274 
for the installations outside the United States, and in the 
amounts, set forth in the following table: 
Air Force: Outside the United States 
Country 
Location 
Amount 
Germany ........................
Ramstein ..............................................................
$36,345,000 
Spangdahlem Air Base .........................................
$25,824,000 
Romania ........................
Campia Turzii ......................................................
$130,500,000 
SEC. 2903. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2020, for the 
military construction projects outside the United States 
authorized by this title as specified in the funding table 
in section 4602. 
DIVISION C—DEPARTMENT OF 
ENERGY NATIONAL SECURITY 
AUTHORIZATIONS 
AND 
OTHER AUTHORIZATIONS 
TITLE XXI—DEPARTMENT OF EN-
ERGY 
NATIONAL 
SECURITY 
PROGRAMS 
Subtitle A—National Security 
Programs and Authorizations 
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA-
TION. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2021 for the activities of
2275 
the National Nuclear Security Administration in carrying 
out programs as specified in the funding table in section 
4701. 
(b) AUTHORIZATION OF NEW PLANT PROJECTS.— 
From funds referred to in subsection (a) that are available 
for carrying out plant projects, the Secretary of Energy 
may carry out new plant projects for the National Nuclear 
Security Administration as follows: 
Project 21–D–510, High Explosive Synthesis, 
Formulation, and Production facility, Pantex Plant, 
Amarillo, Texas, $177,395,000. 
Project 21–D–511, Savannah River Plutonium 
Processing Facility, Savannah River Site, Aiken, 
South Carolina, $241,896,000. 
Project 21–D–512, Plutonium Pit Production 
Project, Los Alamos National Laboratory, Los Ala-
mos, New Mexico, $116,900,000 for planning and 
design and $79,100,000 for construction. 
Project 21–D–530, Steam and Condensate Up-
grade, Knolls Atomic Power Laboratory, Schenec-
tady, New York, $50,200,000. 
General Purpose Project, TA–15 Dual-Axis Ra-
diographic Hydrodynamic Test facility, Hydro Vessel 
Repair facility, Los Alamos National Laboratory, 
Los Alamos, New Mexico, $16,491,000.
2276 
General Purpose Project, U1a.03 Test Bed Fa-
cility Improvements, Nevada National Security Site, 
Mercury, Nevada, $16,000,000. 
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2021 for defense environ-
mental cleanup activities in carrying out programs as 
specified in the funding table in section 4701. 
(b) AUTHORIZATION OF NEW PLANT PROJECTS.— 
From funds referred to in subsection (a) that are available 
for carrying out plant projects, the Secretary of Energy 
may carry out, for defense environmental cleanup activi-
ties, the following new plant projects: 
Project 21–D–401, Hoisting Capability Project, 
Waste Isolation Pilot Plant, Carlsbad, New Mexico, 
$10,000,000. 
SEC. 3103. OTHER DEFENSE ACTIVITIES. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2021 for other 
defense activities in carrying out programs as specified in 
the funding table in section 4701.
2277 
SEC. 3104. NUCLEAR ENERGY. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2021 for nuclear 
energy as specified in the funding table in section 4701. 
Subtitle 
B—Program 
Authoriza-
tions, Restrictions, Limitations, 
and Other Matters 
SEC. 3111. NUCLEAR WARHEAD ACQUISITION PROCESSES. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) in its 25th year, the science-based Stockpile 
Stewardship Program established under section 
4201 of the Atomic Energy Defense Act (50 U.S.C. 
2521) has succeeded in providing the United States 
with a credible nuclear deterrent in the absence of 
nuclear explosive testing; 
(2) maintaining global moratoria on nuclear ex-
plosive testing is in the national security interest of 
the United States; 
(3) a robust, second-to-none science and tech-
nology enterprise is required to maintain and certify 
the nuclear weapons stockpile of the United States; 
and 
(4) the National Nuclear Security Administra-
tion must continue to improve program management
2278 
and execution of the major acquisition programs of 
the Administration. 
(b) REQUIREMENTS.— 
(1) PHASES.—Subtitle A of title XLII of the 
Atomic Energy Defense Act (50 U.S.C. 4201 et 
seq.) is amended by adding at the end the following 
new section: 
‘‘SEC. 4223. REQUIREMENTS FOR CERTAIN JOINT NUCLEAR 
WEAPONS LIFE CYCLE PHASES. 
‘‘(a) DESIGN AND ENGINEERING REQUIREMENTS.— 
The Administrator shall ensure the following: 
‘‘(1) The national security laboratories engage 
in peer review of proposed designs of nuclear weap-
ons. 
‘‘(2) The nuclear weapons production facilities 
are involved early and often during the design and 
engineering process of nuclear weapons in order to 
take into account how such design and engineering 
will affect the production of the nuclear weapons. 
‘‘(b) REQUIREMENTS AFTER PHASE 1.—After the 
Administrator completes phase 1 of the joint nuclear 
weapons life cycle for a nuclear weapon, the Nuclear 
Weapons Council shall submit to the congressional defense 
committees a report containing the following:
2279 
‘‘(1) A description of the potential military 
characteristics of the nuclear weapon. 
‘‘(2) A description of the stockpile-to-target se-
quence requirements of the nuclear weapon. 
‘‘(3) A description of any other requirements of 
the Administration or the Department of Energy 
that will affect the nuclear weapon, including the 
first product unit date, the initial operational capa-
bility date, the final operational capability date, or 
requirements relating to increased safety and surety. 
‘‘(4) Initial assessments of the effect to the nu-
clear security enterprise workforce and any required 
new or recapitalized major facilities or capabilities 
relating to the nuclear weapon. 
‘‘(c) REQUIREMENTS ENTERING INTO PHASE 2.— 
Not later than 15 days after the date on which the Nu-
clear Weapons Council approves a nuclear weapon for 
phase 2 of the joint nuclear weapons life cycle, the Admin-
istrator shall submit to the congressional defense commit-
tees a plan to implement an independent peer-review proc-
ess, a board of experts, or both, with respect to the non-
nuclear weapon component and subsystem design and en-
gineering aspects of such nuclear weapon. The Adminis-
trator shall ensure that such process—
2280 
‘‘(1) uses all relevant capabilities of the Federal 
Government, the defense industrial base, and aca-
demia, and other capabilities that the Administrator 
determines necessary; and 
‘‘(2) informs the entire development life cycle of 
such nuclear weapon. 
‘‘(d) REQUIREMENTS ENTERING INTO PHASE 3.— 
‘‘(1) INDEPENDENT
COST
ASSESSMENT.—Be-
fore the Nuclear Weapons Council approves a nu-
clear weapon for phase 3 of the joint nuclear weap-
ons life cycle, the Administrator shall ensure that an 
independent cost assessment is conducted for phase 
3 that includes assigning a percentage of confidence 
level with respect to the Administrator being able to 
carry out phase 3 within the estimated schedule and 
cost objectives. 
‘‘(2) CERTIFICATIONS
AND
REPORTS.—Not 
later than 15 days after the date on which the Nu-
clear Weapons Council approves a nuclear weapon 
for phase 3 of the joint nuclear weapons life cycle— 
‘‘(A) the Administrator shall certify to the 
congressional defense committees that— 
‘‘(i) the joint nuclear weapons life 
cycle process for phases 1 through 5 of the 
nuclear weapon has equal or greater rigor
2281 
as the life extension process under each 
part of phase 6; and 
‘‘(ii) the level of design and tech-
nology maturity of the proposed design of 
the nuclear weapon can be carried out 
within the estimated schedule and cost ob-
jectives specified in the cost assessment 
under paragraph (1); and 
‘‘(B) the Commander of the United States 
Strategic Command shall submit to the con-
gressional defense committees a report con-
taining— 
‘‘(i) the specific warhead requirements 
for the delivery system of the nuclear 
weapon, including such planned require-
ments during the 15-year period following 
the date of the report; and 
‘‘(ii) an identification of the tail num-
bers of the warheads for that delivery sys-
tem that may require life extensions, be re-
tired, or be altered during such period, and 
a description of the considerations for de-
ciding on such actions. 
‘‘(e) WAIVERS.—Subsections (b) through (d) may be 
waived during a period of war declared by Congress after
2282 
the date of the enactment of the National Defense Author-
ization Act for Fiscal Year 2021. 
‘‘(f) JOINT NUCLEAR WEAPONS LIFE CYCLE DE-
FINED.—In this section, the term ‘joint nuclear weapons 
life cycle’ has the meaning given that term in section 
4220.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for the Atomic Energy Defense Act is amended 
by inserting after the item relating to section 4222 
the following new item: 
‘‘Sec. 4223. Requirements for certain joint nuclear weapons life cycle phases.’’. 
(c) SELECTED ACQUISITION REPORTS AND INDE-
PENDENT COST ESTIMATES.—Section 4217(b)(1) of such 
Act (50 U.S.C. 2537(b)(1)) is amended— 
(1) in subparagraph (A)— 
(A) in clause (i), by striking ‘‘phase 6.2A’’ 
and inserting ‘‘phase 2A and phase 6.2A’’; 
(B) in clause (ii), by striking ‘‘phase 6.3’’ 
and inserting ‘‘phase 3 and phase 6.3’’; 
(C) in clause (iii)— 
(i) by striking ‘‘phase 6.4’’ and insert-
ing ‘‘phase 4 and phase 6.4’’; and 
(ii) by striking ‘‘phase 6.5’’ and in-
serting ‘‘phase 5 and phase 6.5’’; and 
(2) in subparagraph (B), by striking ‘‘phase 
6.2’’ and inserting ‘‘phase 2 and phase 6.2’’.
2283 
(d) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the Director for Cost Esti-
mating and Program Evaluation of the National Nuclear 
Security Administration shall submit to the congressional 
defense committees a report containing recommendations 
to strengthen governance, program execution, and pro-
gram management controls with respect to the process of 
the joint nuclear weapons life cycle (as defined in section 
4220 of the Atomic Energy Defense Act (50 U.S.C. 
2538b). 
SEC. 3112. UNCOSTED AND UNOBLIGATED AMOUNTS OF NA-
TIONAL NUCLEAR SECURITY ADMINISTRA-
TION. 
Section 3251(b) of the National Nuclear Security Ad-
ministration Act (50 U.S.C. 2451(b)) is amended by add-
ing at the end the following new paragraph: 
‘‘(3) In the budget justification materials for each of 
fiscal years 2022 through 2026 submitted to Congress in 
support of each such budget, the Administrator shall in-
clude a detailed description of the uncosted and unobli-
gated amounts that the Administrator maintains, listed by 
the year for which the amounts were appropriated, includ-
ing— 
‘‘(A) the gross uncosted and unobligated 
amounts for each individual program element (using
2284 
thresholds specified in the report submitted by the 
Secretary of Energy to Congress titled ‘Report on 
Uncosted Balances for Fiscal Year Ended Sep-
tember 30, 2014’); and 
‘‘(B) an explanation for why the uncosted and 
unobligated amounts have not been expended.’’. 
SEC. 3113. EXTENSION OF LIMITATION RELATING TO RE-
CLASSIFICATION OF HIGH-LEVEL WASTE. 
Section 3121 of the National Defense Authorization 
Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 
1953) is amended by striking ‘‘fiscal year 2020’’ and in-
serting ‘‘fiscal year 2020 or fiscal year 2021’’. 
SEC. 3114. EXTENSION OF PILOT PROGRAM ON UNAVAIL-
ABILITY FOR OVERHEAD COSTS OF AMOUNTS 
SPECIFIED FOR LABORATORY-DIRECTED RE-
SEARCH AND DEVELOPMENT. 
Section 3119 of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328; 50 U.S.C. 
2791 note) is amended— 
(1) in subsection (c)(2), by striking ‘‘four’’ and 
inserting ‘‘five’’; and 
(2) in subsection (d), by striking ‘‘February 15, 
2020’’ and inserting ‘‘December 31, 2020’’. 
SEC. 3115. PLUTONIUM PIT PRODUCTION. 
(a) INDEPENDENT COST ESTIMATE.—
2285 
(1) REQUIREMENT.—The Secretary of Energy 
shall conduct an independent cost estimate of the 
Savannah River Plutonium Processing Facility 
project in accordance with Department of Energy 
Directive 413.3b, as in effect on the date of the en-
actment of this Act. 
(2) 
CONFIDENCE
LEVEL.—The 
assessment 
under paragraph (1) shall assign a percentage of 
confidence level with respect to the Secretary being 
able to carry out the Facility project within the esti-
mated schedule and cost objectives. 
(3) SUBMISSION.—The Secretary shall submit 
to the congressional defense committees the inde-
pendent cost estimate under paragraph (1). 
(b) CONDITIONAL REPORTS AND CERTIFICATIONS.— 
(1) LOW
CONFIDENCE.—If the assessment 
under subsection (a) assigns a confidence level below 
90 percent pursuant to paragraph (2) of such sub-
section— 
(A) the Secretary shall submit to the con-
gressional defense committees the report de-
scribed in paragraph (2); and 
(B) the Commander of the United States 
Strategic Command shall certify to such com-
mittees that either—
2286 
(i) the requirement to produce not 
less than 80 war reserve plutonium pits 
during 2030 pursuant to section 4219 of 
the Atomic Energy Defense Act (50 U.S.C. 
2538a) cannot be extended by up to five 
years without causing a grave threat to the 
national security of the United States, tak-
ing into account options for temporarily 
surging the production of such pits at Los 
Alamos National Laboratory and other 
mitigation strategies available to the Com-
mander; or 
(ii) such requirement can be so ex-
tended without causing a grave threat to 
the national security of the United States. 
(2) REPORT.—The report described in this 
paragraph is a report by the Secretary that contains 
either of the following: 
(A) A certification by the Secretary, with-
out delegation, that, notwithstanding the con-
fidence level contained in the assessment under 
subsection (a), the Secretary has a confidence 
level of 90 percent or greater with respect to 
being able to carry out the Facility project
2287 
within the estimated schedule and cost objec-
tives. 
(B) If the Secretary cannot make the cer-
tification under subparagraph (A), a plan by 
the Secretary to achieve such a confidence level 
of 90 percent or greater, including with respect 
to changing the costs, schedule, and scope of 
the Facility project. 
SEC. 3116. PROGRAM FOR RESEARCH AND DEVELOPMENT 
OF ADVANCED NAVAL NUCLEAR FUEL SYS-
TEM BASED ON LOW-ENRICHED URANIUM. 
(a) ESTABLISHMENT.—Not later than 60 days after 
the date of the enactment of this Act, the Administrator 
for Nuclear Security shall establish a program to assess 
the viability of using low-enriched uranium in naval nu-
clear propulsion reactors, including such reactors located 
on aircraft carriers and submarines, that meet the require-
ments of the Navy. 
(b) ACTIVITIES.—In carrying out the program under 
subsection (a), the Administrator shall carry out activities 
to develop an advanced naval nuclear fuel system based 
on low-enriched uranium, including activities relating to— 
(1) down-blending of high-enriched uranium 
into low-enriched uranium;
2288 
(2) manufacturing of candidate advanced low- 
enriched uranium fuels; 
(3) irradiation tests and post-irradiation exam-
ination of these fuels; and 
(4) modification or procurement of equipment 
and infrastructure relating to such activities. 
(c) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the Administrator shall sub-
mit to the congressional defense committees a plan out-
lining the activities the Administrator will carry out under 
the program established under subsection (a), including 
the funding requirements associated with developing a 
low-enriched uranium fuel. 
SEC. 3117. INDEPENDENT STUDY ON EFFECTS OF USE OF 
NUCLEAR WEAPONS. 
(a) STUDY.—The Administrator for Nuclear Security 
shall seek to enter into an agreement with the National 
Academies of Sciences, Engineering, and Medicine under 
which the National Academies conduct a study on the at-
mospheric effects of nuclear explosions. 
(b) MATTERS INCLUDED.—The study under sub-
section (a) shall include the following: 
(1) An evaluation of the non-fallout atmos-
pheric effects of likely and plausible scenarios for 
nuclear war, ranging from relatively small, regional
2289 
exchanges to large exchanges associated with nuclear 
war between major powers. 
(2) An examination of the effects evaluated 
under paragraph (1) by— 
(A) the yield, type, and number of nuclear 
weapons; 
(B) the types and locations of targets; 
(C) the time distribution of the explosions; 
(D) the atmospheric conditions; and 
(E) other factors that may have a signifi-
cant impact on the effects. 
(3) An assessment of current models of nuclear 
explosions, including with respect to— 
(A) the fires such explosions may cause; 
(B) the atmospheric transport of the gases 
from such explosions; 
(C) the radioactive material from such ex-
plosions; and 
(D) the soot and other debris from such 
explosions and fires, the atmospheric effects of 
such soot and debris, and the consequences of 
such effects, including the consequences relating 
to extreme weather, air pollution, stratospheric 
ozone, agriculture, and marine and terrestrial 
ecosystems.
2290 
(4) Identification of the capabilities and limita-
tions of the models described in paragraph (3) for 
assessing the impacts of nuclear war, including— 
(A) an evaluation of the relevant uncer-
tainties; 
(B) a highlight of the key data gaps; and 
(C) recommendations for how such models 
can be improved to inform decision making. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than 18 months 
after the date of the enactment of this Act, the Na-
tional Academies shall submit to the Administrator 
for National Security and the congressional defense 
committees a report on the study under subsection 
(a). 
(2) FORM.—The report under paragraph (1) 
shall be submitted in unclassified form, but may in-
clude a classified annex. 
(d) INFORMATION.—The Secretary of Defense shall 
provide to the National Academies the information of the 
Department of Defense necessary for the National Acad-
emies to conduct the study under subsection (a), including 
information relating to relevant scenarios described in sub-
section (b).
2291 
SEC. 3118. REPORTS ON DIVERSITY OF CERTAIN CON-
TRACTOR EMPLOYEES OF NATIONAL NU-
CLEAR SECURITY ADMINISTRATION. 
(a) ANNUAL REPORTS.—Not later than December 
31, 2020, and each year thereafter through 2022, the Ad-
ministrator for Nuclear Security shall submit to the con-
gressional defense committees a report on the diversity of 
contractor employees of the National Nuclear Security Ad-
ministration. 
(b) MATTERS INCLUDED.—Subject to subsection (c), 
each report under subsection (a) shall include, for each 
covered element of the Administration, the following: 
(1) With respect to the fiscal year covered by 
the report and the previous fiscal year, demographic 
data of— 
(A) the contractor employees of the cov-
ered element; 
(B) the contractor employees hired at the 
covered element during each such year; and 
(C) the contractor employees of the cov-
ered element who voluntarily separated during 
each such year. 
(2) To the extent practical, a breakdown of the 
data under subparagraph (A) by each position in the 
Standard Occupational Classification System by the 
Bureau of Labor Statistics.
2292 
(3) A description of the plan to increase diver-
sity at the covered element, and how such plan re-
sponds to any trends identified with respect to the 
data under paragraph (1). 
(4) An identification of the official of the cov-
ered element responsible for implementing such plan 
and a description of how the person determines 
whether the covered element is meeting the goals of 
the plan. 
(5) A description of the training resources re-
lating to diversity, equality, and inclusion are avail-
able to contractor employees of the covered element 
with hiring authority, and an identification of how 
many such contractor employees have been trained. 
(c) DATA.—The Administrator shall carry out this 
section using data that is— 
(1) otherwise available to the Administrator and 
to the management and operating contractors of the 
nuclear security enterprise; 
(2) collected in accordance with applicable laws 
and regulations of the Equal Employment Oppor-
tunity Commission, regulations of the Office of Fed-
eral Contract Compliance Programs of the Depart-
ment of Labor, and applicable provisions of Federal 
law on privacy; and
2293 
(3) obtained from relevant elements of the Fed-
eral Government pursuant to a memorandum of un-
derstanding specifying the terms and conditions for 
the sharing of such data, including by identifying— 
(A) the statutory authority governing such 
sharing; 
(B) the minimum amount of data needed 
to be shared; 
(C) the exact data to be shared; 
(D) the method of securely sharing such 
data; and 
(E) the limitations on the use and disclo-
sure of such data. 
(d) PUBLICATION.—The Administrator shall make 
publicly available on the internet website of the Depart-
ment of Energy each report under subsection (a), subject 
to the regulations and Federal law specified in subsection 
(c)(2). 
(e) GAO REVIEW.—Not later than 1 year after the 
date on which the Administrator submits the first report 
under subsection (a), the Comptroller General of the 
United States shall submit to the congressional defense 
committees a review of—
2294 
(1) the diversity of contractor employees with 
respect to both the hiring and retention of such em-
ployees; 
(2) the demographic composition of such em-
ployees; and 
(3) the issues relating to diversity that such re-
port identifies and the steps taken by the Adminis-
trator to address such issues. 
(f) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) National Nuclear Security Administration is 
undertaking the largest and most complex workload 
since the end of the Cold War; 
(2) ensuring that the nuclear security enter-
prise hires, trains, and retains a diverse and highly 
educated workforce is a national security priority of 
the United States; 
(3) more than 5,000 employees were hired at 
the laboratories, plants, and sites of the National 
Nuclear Security Administration during fiscal year 
2019; and 
(4) the National Nuclear Security Administra-
tion has taken important actions to hire and retain 
the best and brightest workforce and is encouraged
2295 
to continue to build upon these efforts, particularly 
as its aging workforce continues to retire. 
(g) DEFINITIONS.—In this section: 
(1) The term ‘‘contractor employee’’ means an 
employee of a management and operating contractor 
of the nuclear security enterprise. 
(2) The term ‘‘covered element’’ means each 
national security laboratory and nuclear weapons 
production facility (as such terms are defined in sec-
tion 3281 of the National Nuclear Security Adminis-
tration Act (50 U.S.C. 2471)). 
(3) The term ‘‘nuclear security enterprise’’ has 
the meaning that term in section 3281 of the Na-
tional Nuclear Security Administration Act (50 
U.S.C. 2471)). 
SEC. 3119. FINDINGS, PURPOSE, AND APOLOGY RELATING 
TO FALLOUT EMITTED DURING THE GOVERN-
MENT’S ATMOSPHERIC NUCLEAR TESTS. 
Section 2(a)(1) of the Radiation Exposure Com-
pensation Act (Public Law 101–426; 42 U.S.C. 2210 
note) is amended by inserting ‘‘, including individuals in 
New Mexico, Idaho, Colorado, Arizona, Utah, Texas, Wyo-
ming, Oregon, Washington, South Dakota, North Dakota, 
Nevada, Guam, and the Northern Mariana Islands,’’ after 
‘‘tests exposed individuals’’.
2296 
SEC. 3120. SENSE OF CONGRESS REGARDING URANIUM 
MINING AND NUCLEAR TESTING. 
It is the sense of Congress that the United States 
should compensate and recognize all of the miners, work-
ers, downwinders, and others suffering from the effects 
of uranium mining and nuclear testing carried out during 
the Cold War. 
SEC. 3121. PROHIBITION ON USE OF FUNDS FOR NUCLEAR 
WEAPONS TEST EXPLOSIONS. 
(a) IN GENERAL.—None of the funds authorized to 
be appropriated by this Act or otherwise made available 
for fiscal year 2021, or authorized to be appropriated or 
otherwise made available for any fiscal year before fiscal 
year 2021 and available for obligation as of the date of 
the enactment of this Act, may be obligated or expended 
to conduct or make preparations for any explosive nuclear 
weapons test that produces any yield. 
(b) RULE
OF CONSTRUCTION.—Nothing in sub-
section (a) shall be construed to apply to nuclear stockpile 
stewardship activities that are consistent with the zero- 
yield standard and other requirements under law. 
SEC. 3122. SENSE OF CONGRESS ON THE ENERGY EMPLOY-
EES OCCUPATIONAL ILLNESS COMPENSA-
TION PROGRAM. 
It is the sense of Congress that—
2297 
(1) the Energy Employees Occupational Illness 
Compensation Program Act (EEOICPA) was en-
acted as part of the Fiscal Year 2001 Defense Au-
thorization Act (Public Law 106–398) to ensure 
fairness and equity to the civilian men and women 
who, since the commencement of the Manhattan 
Project, have performed duties uniquely related to 
the nuclear weapons production and testing pro-
grams of the Department of Energy (DOE) and its 
predecessor agencies and were made ill from expo-
sure to toxic substances related to such work; 
(2) as part of EEOICPA, Congress provided for 
a system of efficient, uniform, and adequate com-
pensation and health care to assist the defense nu-
clear workers who were employed by the DOE, its 
contractors, and certain private vendors; 
(3) as part of reforms to this program enacted 
as part of the Fiscal Year 2005 Defense Authoriza-
tion Act (Public Law 108–375), Congress created 
the Office of the Ombudsman for the Energy Em-
ployees Occupational Illness Compensation Program 
(although such Office is within the Department of 
Labor, the Office of the Ombudsman is independent 
of the other officers and employees of the Depart-
2298 
ment of Labor engaged in activities related to the 
administration of the provisions of EEOICPA); 
(4) the Office of the Ombudsman provides guid-
ance and assistance to claimants navigating the 
claims application process and prepares an annual 
report to Congress with— 
(A) the number and types of complaints, 
grievances, and requests for assistance received 
by the Ombudsman during the preceding year; 
and 
(B) an assessment of the most common 
difficulties encountered by claimants and poten-
tial claimants during the preceding year; 
(5) claimants rely on the Office of the Ombuds-
man in the Department of Labor to provide impar-
tial advice and guidance in navigating what can be 
a challenging claims process, and its operations 
should be continued; 
(6) Congress has reauthorized the Office of the 
Ombudsman on a bipartisan basis as part of the Na-
tional Defense Authorization Act on multiple occa-
sions, including most recently in the Fiscal Year 
2020 Defense Authorization Act (Public Law 116– 
48); and
2299 
(7) the Office of the Ombudsman is critical to 
the successful implementation of EEOICPA. 
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY 
BOARD 
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal 
year 2021, $28,836,000 for the operation of the Defense 
Nuclear Facilities Safety Board under chapter 21 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 
TITLE XXXIV—NAVAL 
PETROLEUM RESERVES 
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 
(a) AMOUNT.—There are hereby authorized to be ap-
propriated to the Secretary of Energy $13,006,000 for fis-
cal year 2021 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.
2300 
TITLE XXXV—MARITIME 
MATTERS 
Subtitle A—Maritime 
Administration 
SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINIS-
TRATION. 
(a) FISCAL YEAR 2021 AUTHORIZATION.—There are 
authorized to be appropriated to the Department of 
Transportation for fiscal year 2021, to be available with-
out fiscal year limitation if so provided in appropriations 
Acts, for programs associated with maintaining the United 
States merchant marine, the following amounts: 
(1) For expenses necessary for operations of the 
United 
States 
Merchant 
Marine 
Academy, 
$81,944,000, of which— 
(A) $76,444,000 shall be for Academy op-
erations; and 
(B) $5,500,000 shall remain available until 
expended for capital asset management at the 
Academy. 
(2) For expenses necessary to support the State 
maritime academies, $37,700,000, of which— 
(A) $2,400,000 shall remain available until 
September 30, 2021, for the Student Incentive 
Program; and
2301 
(B) $30,500,000 shall remain available 
until expended for maintenance and repair of 
State maritime academy training vessels. 
(3) For expenses necessary to support the Na-
tional Security Multi-Mission Vessel Program, 
$388,815,000, which shall remain available until ex-
pended. 
(4) For expenses necessary to support Maritime 
Administration 
operations 
and 
programs, 
$55,853,000. 
(5) For expenses necessary to dispose of vessels 
in the National Defense Reserve Fleet, $4,200,000, 
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, $494,008,000. 
(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— 
(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
2302 
(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, 
$20,000,000. 
(b) AMOUNT OF FISCAL YEAR 2021 CONTRACTOR 
PAYMENTS UNDER OPERATING AGREEMENTS.—Section 
53106(a)(1)(B) of title 46, United States Code, is amend-
ed by striking ‘‘$5,233,463’’ and inserting ‘‘$8,233,463’’. 
(c) CONFORMING AMENDMENT.—Section 53111(2) 
of title 46, United States Code, is amended by striking 
‘‘$314,007,780’’ and inserting ‘‘$494,008,000’’. 
SEC. 3502. SENSE OF CONGRESS REGARDING ROLE OF DO-
MESTIC MARITIME INDUSTRY IN NATIONAL 
SECURITY. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The United States domestic maritime indus-
try, with a fleet of nearly 40,000 vessels, supports 
nearly 650,000 American jobs and provides more 
than $150,000,000 in annual economic output. 
(2) The vessel innovations of the domestic 
trades that transformed worldwide maritime com-
2303 
merce include the development of container ships, 
self-unloading vessels, articulated tug-barges, trailer 
barges, chemical parcel tankers, railroad-on-barge 
carfloats, and river flotilla towing systems. 
(3) The domestic fleet is essential to national 
security is needed to crew United States Govern-
ment-owned and other sealift vessels to protect the 
Nation. 
(4) The Department of Defense and the entire 
national security infrastructure of the United States 
benefits from a robust commercial shipyard and ship 
repair industry, which helps provide both economic 
and military sealift support. 
(5) The Department of Defense depends on the 
United States domestic trades’ fleet of container 
ships, roll-on/roll-off ships, product tankers, and 
other vessels to assist with the flow of military car-
goes during both peace time and war time. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) United States coastwise trade laws promote 
a strong domestic trade maritime industry, which 
supports the national security and economic vitality 
of the United States and the efficient operation of 
the United States transportation system; and
2304 
(2) a strong commercial maritime industry 
makes the United States more secure. 
SEC. 3503. NONAPPLICABILITY OF REQUIREMENT RELAT-
ING TO MINIMUM NUMBER OF OPERATING 
DAYS FOR VESSELS OPERATING UNDER MSP 
OPERATING AGREEMENTS. 
Notwithstanding part 296 of title 46, Code of Federal 
Regulations, until December 31, 2020, or upon the written 
determination of the Secretary of Transportation until 
June 31, 2021, the operator of a vessel operating such 
vessel under an MSP Operating Agreement (as such term 
is defined in section 296.2 of title 46, Code of Federal 
Regulations)— 
(1) shall not be required to comply with any re-
quirement with respect to operating days (as such 
term is defined in such section) contained in such 
agreement; and 
(2) shall maintain such vessel in a state of 
operational readiness, including through the employ-
ment of the vessel’s crew complement, until the ap-
plicable date. 
SEC. 3504. IMPROVEMENTS TO PROCESS FOR WAIVING 
NAVIGATION AND VESSEL-INSPECTION LAWS. 
(a) IMPROVEMENTS TO WAIVER PROCESS.—Section 
501 of title 46, United States Code, is amended—
2305 
(1) in subsection (a), by adding ‘‘to address an 
immediate adverse effect on military operations’’ 
after ‘‘national defense’’; 
(2) in subsection (b)— 
(A) by redesignating paragraphs (2) and 
(3) as paragraphs (3) and (4), respectively; 
(B) by inserting after paragraph (1) the 
following new paragraph: 
‘‘(2) DURATION OF WAIVER.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), a waiver issued under this 
subsection shall be for a period of not more 
than 10 days. 
‘‘(B) WAIVER EXTENSION.—Upon the ter-
mination of the period of a waiver issued under 
this subsection, the head of an agency may ex-
tend the waiver for an additional period of not 
more than 10 days, if the Maritime Adminis-
trator makes the determinations referred to in 
paragraph (1). 
‘‘(C) AGGREGATE DURATION.—The aggre-
gate duration of the period of all waivers and 
extensions of waivers under this subsection with 
respect to any one set of events shall not exceed 
45 days.’’; and
2306 
(C) in paragraph (4), as so redesignated— 
(i) in subparagraph (B)(ii), by strik-
ing ‘‘paragraph (2)(A)’’ and inserting 
‘‘paragraph (3)(A)’’; and 
(ii) by adding at the end the following 
new subparagraph: 
‘‘(C) NOTIFICATION
REQUIRED
FOR
EX-
TENSIONS.—For purposes of this paragraph, an 
extension requested or issued under paragraph 
(2)(B) shall be treated in the same manner as 
a waiver requested or issued under this sec-
tion.’’; 
(3) by redesignating subsection (c) as sub-
section (d); and 
(4) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) REPORT.— 
‘‘(1) IN
GENERAL.—Not later than 10 days 
after the date of the conclusion of the voyage of a 
vessel that, during such voyage, operated under a 
waiver issued under this section, the owner or oper-
ator of the vessel shall submit to the Maritime Ad-
ministrator a report that includes— 
‘‘(A) the name and flag of the vessel; 
‘‘(B) the dates of the voyage;
2307 
‘‘(C) any relevant ports of call; and 
‘‘(D) any other information the Maritime 
Administrator determines necessary. 
‘‘(2) PUBLICATION.—Not later than 48 hours 
after receiving a report under paragraph (1), the 
Maritime Administrator shall publish such report on 
an appropriate website of the Department of Trans-
portation.’’. 
(b) APPLICABILITY.—The amendments made by this 
section shall apply with respect to waivers issued after the 
date of the enactment of this Act. 
SEC. 3505. MARITIME TRANSPORTATION SYSTEM EMER-
GENCY RELIEF PROGRAM. 
(a) IN GENERAL.—Chapter 503 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 50308. Maritime transportation system emergency 
relief program 
‘‘(a) DEFINITIONS.—In this section the following 
definitions shall apply: 
‘‘(1) ELIGIBLE STATE ENTITY.—The term ‘eli-
gible State entity’ means a port authority, or a 
State-owned or -operated vessel and facilities associ-
ated with the operation of such vessel, in any State.
2308 
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means a public or private entity that is created 
or organized in the United States or under the laws 
of the United States, with significant operations in 
and a majority of its employees based in the United 
States, that is engaged in— 
‘‘(A) vessel construction, transportation by 
water, or support activities for transportation 
by water with an assigned North American In-
dustry Classification System code beginning 
with 3366, 483, or 4883; or 
‘‘(B) as determined by the Secretary of 
Transportation— 
‘‘(i) construction related to activities 
described in subparagraph (A); or 
‘‘(ii) maritime education and training. 
‘‘(3) ELIGIBLE OPERATING COSTS.—The term 
‘eligible operating costs’ means costs relating to— 
‘‘(A) emergency response; 
‘‘(B) cleaning; 
‘‘(C) sanitization; 
‘‘(D) janitorial services; 
‘‘(E) staffing; 
‘‘(F) workforce retention; 
‘‘(G) paid leave;
2309 
‘‘(H) procurement and use of protective 
health equipment, testing, and training for em-
ployees and contractors; 
‘‘(I) debt service payments; 
‘‘(J) infrastructure repair projects; and 
‘‘(K) other maritime transportation system 
operations; 
‘‘(4) 
EMERGENCY.—The 
term 
‘emergency’ 
means a natural disaster affecting a wide area (such 
as a flood, hurricane, tidal wave, earthquake, severe 
storm, or landslide) or a catastrophic failure from 
any external cause, that impacts the United States 
maritime transportation system and as a result of 
which— 
‘‘(A) the Governor of a State has declared 
an emergency and the Maritime Administrator, 
in consultation with the Administrator of the 
Federal Emergency Management Administra-
tion, has concurred in the declaration; 
‘‘(B) the President has declared a major 
disaster under section 401 of the Robert T. 
Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5170);
2310 
‘‘(C) national emergency declared by the 
President under the National Emergencies Act 
(50 U.S.C. 1601 et seq.) is in effect; or 
‘‘(D) a public health emergency declared 
pursuant to section 319 of the Public Health 
Service Act (42 U.S.C. 247d) is in effect. 
‘‘(b) GENERAL AUTHORITY.—The Maritime Admin-
istrator may— 
‘‘(1) make grants to eligible State entities for 
eligible operating costs; and 
‘‘(2) make grants and enter into contracts and 
other agreements with eligible entities for— 
‘‘(A) the costs of capital projects to pro-
tect, repair, reconstruct, or replace equipment 
and facilities of the United States maritime 
transportation system that the Maritime Ad-
ministrator determines is in danger of suffering 
serious physical damage, or has suffered serious 
physical damage, as a result of an emergency; 
and 
‘‘(B) eligible operating costs of United 
States maritime transportation equipment and 
facilities in an area directly affected by an 
emergency during—
2311 
‘‘(i) the 1-year period beginning on 
the date of a declaration described in sub-
sections (a)(4)(A) and (a)(4)(B); and 
‘‘(ii) an additional 1-year period be-
ginning 1 year after the date of a declara-
tion described in subsections (a)(4)(A) and 
(a)(4)(B), if the Maritime Administrator, 
in consultation with the Administrator of 
the Federal Emergency Management Ad-
ministration, determines there is a compel-
ling need arising out of the emergency for 
which the declaration is made. 
‘‘(c) ALLOCATION.—The Maritime Administrator 
shall determine an appropriate method for the equitable 
allocation and distribution of funds under this section to 
eligible State entities and eligible entities. 
‘‘(d) APPLICATIONS.—An applicant for assistance 
under this section shall submit an application for such as-
sistance to the Maritime Administrator at such time, in 
such manner, and containing such information and assur-
ances as the Maritime Administrator may require. 
‘‘(e) COORDINATION OF EMERGENCY FUNDS.— 
‘‘(1) USE OF FUNDS.—Funds appropriated to 
carry out this section shall be in addition to any 
other funds available under this chapter.
2312 
‘‘(2) NO EFFECT ON OTHER GOVERNMENT AC-
TIVITY.—The provision of funds under this section 
shall not affect the ability of any other agency of the 
Government, including the Federal Emergency Man-
agement Agency, or a State agency, a local govern-
mental entity, organization, or person, to provide 
any other funds otherwise authorized by law. 
‘‘(f) GRANT
REQUIREMENTS.—A grant awarded 
under this section that is made to address an emergency 
defined under subsection (a)(4)(B) shall be— 
‘‘(1) subject to the terms and conditions the 
Maritime Administrator determines are necessary; 
and 
‘‘(2) made only for expenses that are not reim-
bursed under the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et 
seq.) or any Federal, State, or local assistance pro-
gram. 
‘‘(g) FEDERAL SHARE
OF COSTS.—The Federal 
share payable of the costs for which a grant is made under 
this section shall be 100 percent. 
‘‘(h) ADMINISTRATIVE
COSTS.—Of the amounts 
available to carry out this section, not more than one-half 
of one percent may be used for administration of this sec-
tion.
2313 
‘‘(i) QUALITY ASSURANCE.—The Maritime Adminis-
trator shall institute adequate policies, procedures, and in-
ternal controls to prevent waste, fraud, abuse, and pro-
gram mismanagement for the distribution of funds under 
this section. 
‘‘(j) REPORTS.—The Maritime Administrator shall 
annually report to the Congress regarding financial assist-
ance provided under this section, including a description 
of such assistance.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘50308. Port development; maritime transportation system emergency relief 
program.’’. 
(c) INCLUSION OF COVID–19 PANDEMIC PUBLIC 
HEALTH EMERGENCY.—For purposes of section 50308 of 
title 46, United States Code, as amended by subsection 
(a), the public health emergency declared pursuant to sec-
tion 319 of the Public Health Service Act (42 U.S.C. 
247d) resulting from the COVID–19 pandemic shall be 
treated as an emergency. 
SEC. 3506. CENTERS OF EXCELLENCE FOR DOMESTIC MARI-
TIME 
WORKFORCE 
TRAINING 
AND 
EDU-
CATION: TECHNICAL AMENDMENTS. 
(a) REDESIGNATION AND TRANSFER OF SECTION.— 
Section 54102 of title 46, United States Code, is redesig-
2314 
nated as section 51706 of such title and transferred to 
appear after section 51705 of such title. 
(b) CLERICAL
AMENDMENTS.—Title 46, United 
States Code, is amended— 
(1) in the analysis for chapter 541, by striking 
the item relating to section 54102; and 
(2) in the analysis for chapter 517, by striking 
the item relating to section 51705 and inserting the 
following: 
‘‘51705. Training for use of force against piracy. 
‘‘51706. Center of excellence for domestic maritime workforce training and edu-
cation.’’. 
SEC. 3507. MERCHANT MARINER EDUCATION LOAN PRO-
GRAM. 
(a) IN GENERAL.—Chapter 517 of title 46, United 
States Code, as amended by this Act, is further amended 
by adding at the end the following: 
‘‘§ 51707. Merchant mariner career training loan pro-
gram 
‘‘(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish the Elijah E. Cummings Merchant 
Mariner Career Training Loan Program (in this section 
referred to as the ‘program’) in accordance with the re-
quirements of this section. 
‘‘(b) PURPOSE.—The purpose of the program shall 
be to make merchant mariner career training loans avail-
able to eligible students to provide for the training of
2315 
United States merchant mariners, including those working 
to receive a Standards of Training, Certification and 
Watchkeeping endorsement under subchapter B of chapter 
I of title 46, Code of Federal Regulations. 
‘‘(c) ADMINISTRATION.—The program shall be car-
ried out by the Secretary, acting through the Adminis-
trator of the Maritime Administration. 
‘‘(d) DUTIES.—The Secretary shall— 
‘‘(1) allocate, on an annual basis, the award of 
loans under the program based on the needs of stu-
dents; 
‘‘(2) develop an application process and eligi-
bility criteria for the award of loans under the pro-
gram; 
‘‘(3) approve applications for loans under the 
program based on the eligibility criteria and alloca-
tions made under paragraph (1); and 
‘‘(4) designate maritime training institutions at 
which loans made under the program may be used. 
‘‘(e) DESIGNATION OF MARITIME TRAINING INSTITU-
TIONS.— 
‘‘(1) IN
GENERAL.—In designating maritime 
training institutions under subsection (d)(4), the 
Secretary—
2316 
‘‘(A) may include Federal, State, and com-
mercial training institutions and nonprofit 
training organizations, including centers of ex-
cellence designated under section 51706; 
‘‘(B) shall designate institutions based on 
geographic diversity and scope of classes of-
fered; 
‘‘(C) shall ensure that designated institu-
tions have the ability to administer the pro-
gram; and 
‘‘(D) shall ensure that designated institu-
tions meet requirements to provide training in-
struction for appropriate Coast Guard-approved 
training instruction. 
‘‘(2) EXCLUSIONS.—The Secretary— 
‘‘(A) may exclude from participation in the 
program a maritime training institution that 
has had severe performance deficiencies, includ-
ing deficiencies demonstrated by audits or pro-
gram reviews conducted during the 5 calendar 
years immediately preceding the present year; 
‘‘(B) shall exclude from participation in 
the program a maritime training institution 
that has delinquent or outstanding debts to the 
United States, unless such debts are being re-
2317 
paid under or in accordance with a repayment 
arrangement satisfactory to the United States, 
or the Secretary in the Secretary’s discretion 
determines that the existence or amount of any 
such debts has not been finally determined by 
the appropriate Federal agency; 
‘‘(C) may exclude from participation in the 
program a maritime training institution that 
has failed to comply with quality standards es-
tablished by the Department of Labor, the 
Coast Guard, or a State; and 
‘‘(D) may establish such other criteria as 
the Secretary determines will protect the finan-
cial interest of the United States and promote 
the purposes of this section. 
‘‘(f) STATE MARITIME ACADEMIES.— 
‘‘(1) USE OF FUNDS FOR LOANS TO STUDENTS 
ATTENDING
STATE
MARITIME
ACADEMIES.—The 
Secretary may obligate not more than 50 percent of 
the amounts appropriated to carry out this section 
for a fiscal year for loans to undergraduate students 
attending State maritime academies receiving assist-
ance under chapter 515 of this title. 
‘‘(2) ACADEMIC STANDARDS FOR STUDENTS.— 
Students at State maritime academies receiving
2318 
loans under the program shall maintain satisfactory 
progress toward the completion of their course of 
study as evidenced by the maintenance of a cumu-
lative C average, or its equivalent, or academic 
standing consistent with the requirements for grad-
uation, as determined by the institution. 
‘‘(g) LOAN AMOUNTS AND USE.— 
‘‘(1) MAXIMUM AMOUNTS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
not make loans to a student under the program 
in an amount that exceeds $30,000 in a cal-
endar year or $120,000 in the aggregate. 
‘‘(B) ADJUSTMENT FOR INFLATION.—The 
Secretary shall, every 5 years for the life of a 
loan under the program, adjust the maximum 
amounts described in subparagraph (A) in ac-
cordance with any change in the Consumer 
Price Index for All Urban Consumers published 
by the Bureau of Labor Statistics of the De-
partment of Labor that occurs since the pre-
vious adjustment. 
‘‘(2) USE OF LOAN PROCEEDS.—A student who 
receives a loan under the program may use the pro-
ceeds of the loan only for postsecondary expenses in-
curred at an institution designated by the Secretary
2319 
under subsection (d)(4) for books, tuition, required 
fees, travel to and from training facilities, and room 
and board. 
‘‘(h) STUDENT ELIGIBILITY.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
to be eligible to receive a loan under the program, 
a student shall— 
‘‘(A) be eligible to hold a license or mer-
chant mariner document issued by the Coast 
Guard; 
‘‘(B) provide to the Secretary such infor-
mation as the Secretary may require, including 
all current Coast Guard documents, certifi-
cations, proof of United States citizenship or 
permanent legal status, and a statement of in-
tent to enter a maritime career; 
‘‘(C) meet the enrollment requirements of 
a maritime training institution designated by 
the Secretary under subsection (d)(4); and 
‘‘(D) sign an agreement to— 
‘‘(i) complete a course of instruction 
at such a maritime training institution; 
and 
‘‘(ii) maintain a license or document 
and work under the authority of the license
2320 
or document and any associated endorse-
ments for at least 18 months following the 
date of graduation from the maritime pro-
gram for which the loan proceeds will be 
used. 
‘‘(2) LIMITATION.—An undergraduate student 
at the United States Merchant Marine Academy 
shall not be eligible for a loan under the program. 
‘‘(i) ADMINISTRATION OF LOANS.— 
‘‘(1) CONTENTS OF LOAN AGREEMENTS.—Any 
agreement between the Secretary and a student bor-
rower for a loan under the program shall— 
‘‘(A) be evidenced by a note or other writ-
ten instrument that provides for the repayment 
of the principal amount of the loan and any 
origination fee, together with interest thereon, 
in equal installments (or, if the student bor-
rower so requests, in graduated periodic install-
ments determined in accordance with such 
schedules as may be approved by the Secretary) 
payable quarterly, bimonthly, or monthly, at the 
option of the student borrower, over a period 
beginning 9 months from the date on which the 
student borrower completes study or discon-
tinues attendance at the maritime program for
2321 
which the loans are used at the institution ap-
proved by the Secretary and not exceeding 10 
years; 
‘‘(B) include provision for acceleration of 
repayment of the whole, or any part, of such 
loan, at the option of the student borrower; 
‘‘(C) provide the loan without security and 
without endorsement; 
‘‘(D) provide that the liability to repay the 
loan shall be canceled upon the death of the 
student borrower, or if the student borrower be-
comes permanently and totally disabled, as de-
termined in accordance with regulations to be 
issued by the Secretary; 
‘‘(E) contain a notice of the system of dis-
closure of information concerning default on 
such loan to credit bureau organizations; and 
‘‘(F) include provisions for deferral of re-
payment, as determined by the Secretary. 
‘‘(2) RATE OF INTEREST.—A student borrower 
who receives a loan under the program shall be obli-
gated to repay the loan amount to the Secretary, to-
gether with interest beginning in the period referred 
to in paragraph (1)(A), at a rate of interest deter-
mined by the Secretary, in consultation with the
2322 
Secretary of Education, in accordance with section 
455 of the Higher Education Act of 1965 (20 
U.S.C. 1087e). 
‘‘(3) DISCLOSURE
REQUIRED
PRIOR
TO
DIS-
BURSEMENT.— 
‘‘(A) IN GENERAL.—The Secretary shall at 
or prior to the time the Secretary makes a loan 
to a student borrower under the program, pro-
vide thorough and adequate loan information on 
such loan to the student borrower. The disclo-
sures required by this paragraph may be made 
as part of the written application material pro-
vided to the student borrower, as part of the 
promissory note evidencing the loan, or on a 
separate written form provided to the student 
borrower. 
‘‘(B) CONTENTS.—The disclosures shall 
include— 
‘‘(i) the address to which communica-
tions and payments should be sent; 
‘‘(ii) the principal amount of the loan; 
‘‘(iii) the amount of any charges col-
lected at or prior to the disbursal of the 
loan and whether such charges are to be
2323 
deducted from the proceeds of the loan or 
paid separately by the student borrower; 
‘‘(iv) the stated interest rate on the 
loan; 
‘‘(v) the yearly and cumulative max-
imum amounts that may be borrowed; 
‘‘(vi) an explanation of when repay-
ment of the loan will be required and when 
the student borrower will be obligated to 
pay interest that accrues on the loan; 
‘‘(vii) a statement as to the minimum 
and maximum repayment term that the 
Secretary may impose, and the minimum 
monthly payment required by law and a 
description of any penalty imposed as a 
consequence of default, such as liability for 
expenses reasonably incurred in attempts 
by the Secretary to collect on a loan; 
‘‘(viii) a statement of the total cumu-
lative balance, including the loan applied 
for, owed by the student borrower to the 
Secretary, and an estimate of the projected 
monthly payment, given such cumulative 
balance;
2324 
‘‘(ix) an explanation of any special op-
tions the student borrower may have for 
loan consolidation or other refinancing of 
the loan; 
‘‘(x) a statement that the student bor-
rower has the right to prepay all or part 
of the loan, at any time, without penalty; 
‘‘(xi) a statement summarizing cir-
cumstances in which repayment of the loan 
or interest that accrues on the loan may be 
deferred, and a brief notice of the program 
for repayment of loans, on the basis of 
military service, pursuant to the Depart-
ment of Defense educational loan repay-
ment program (10 U.S.C. 16302); 
‘‘(xii) a definition of default and the 
consequences to the student borrower if 
the student borrower defaults, together 
with a statement that the disbursement of, 
and the default on, a loan under this part 
shall be reported to a credit bureau or 
credit reporting agency; 
‘‘(xiii) to the extent practicable, the 
effect of accepting the loan on the eligi-
2325 
bility of the student borrower for other 
forms of student assistance; and 
‘‘(xiv) an explanation of any cost the 
student borrower may incur in the making 
or collection of the loan. 
‘‘(C) INFORMATION
TO
BE
PROVIDED 
WITHOUT
COST.—The information provided 
under this paragraph shall be available to the 
Secretary without cost to the student borrower. 
‘‘(4) REPAYMENT AFTER DEFAULT.—The Sec-
retary may require any student borrower who has 
defaulted on a loan made under the program to— 
‘‘(A) pay all reasonable collection costs as-
sociated with such loan; and 
‘‘(B) repay the loan pursuant to an income 
contingent repayment plan. 
‘‘(5) AUTHORIZATION TO REDUCE RATES AND 
FEES.—Notwithstanding any other provision of this 
section, the Secretary may prescribe by regulation 
any reductions in the interest rate or origination fee 
paid by a student borrower of a loan made under the 
program as the Secretary determines appropriate to 
encourage ontime repayment of the loan. Such re-
ductions may be offered only if the Secretary deter-
2326 
mines the reductions are cost neutral and in the best 
financial interest of the United States. 
‘‘(6) COLLECTION OF REPAYMENTS.—The Sec-
retary shall collect repayments made under the pro-
gram and exercise due diligence in such collection, 
including maintenance of all necessary records to en-
sure that maximum repayments are made. Collection 
and servicing of repayments under the program shall 
be pursued to the full extent of the law, including 
wage garnishment if necessary. The Secretary of the 
Department in which the Coast Guard is operating 
shall provide the Secretary of Transportation with 
any information regarding a merchant mariner that 
may aid in the collection of repayments under this 
section. 
‘‘(7) REPAYMENT SCHEDULE.—A student bor-
rower who receives a loan under the program shall 
repay the loan quarterly, bimonthly, or monthly, at 
the option of the student borrower, over a period be-
ginning 9 months from the date the student bor-
rower completes study or discontinues attendance at 
the maritime program for which the loan proceeds 
are used and ending not more than 10 years after 
the date repayment begins. Provisions for deferral of 
repayment shall be determined by the Secretary.
2327 
‘‘(8) CONTRACTS FOR SERVICING AND COLLEC-
TION OF LOANS.—The Secretary may— 
‘‘(A) enter into a contract or other ar-
rangement with State or nonprofit agencies 
and, on a competitive basis, with collection 
agencies for servicing and collection of loans 
under this section; and 
‘‘(B) conduct litigation necessary to carry 
out this section. 
‘‘(j) REVOLVING LOAN FUND.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a revolving loan fund consisting of amounts 
deposited in the fund under paragraph (2). 
‘‘(2) DEPOSITS.—The Secretary shall deposit in 
the fund— 
‘‘(A) receipts from the payment of prin-
cipal and interest on loans made under the pro-
gram; and 
‘‘(B) any other monies paid to the Sec-
retary by or on behalf of individuals under the 
program. 
‘‘(3) AVAILABILITY OF AMOUNTS.—Subject to 
the availability of appropriations, amounts in the 
fund shall be available to the Secretary—
2328 
‘‘(A) to cover the administrative costs of 
the program, including the maintenance of 
records and making collections under this sec-
tion; and 
‘‘(B) to the extent that amounts remain 
available after paying such administrative costs, 
to make loans under the program. 
‘‘(4) MAINTENANCE
OF
RECORDS.—The Sec-
retary shall maintain accurate records of the admin-
istrative costs referred to in paragraph (3)(A). 
‘‘(k) ANNUAL REPORT.—The Secretary, on an an-
nual basis, shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the program, including— 
‘‘(1) the total amount of loans made under the 
program in the preceding year; 
‘‘(2) the number of students receiving loans 
under the program in the preceding year; and 
‘‘(3) the total amount of loans made under pro-
gram that are in default as of the date of the report. 
‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated for each of fiscal years 
2021 through 2026—
2329 
‘‘(1) $10,000,000 for making loans under the 
program; and 
‘‘(2) $1,000,000 for administrative expenses of 
the Secretary in carrying out the program. 
‘‘§ 51708. Merchant mariner recruitment, training, 
and retention grant program 
‘‘(a) STRATEGIC PLAN.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this section, and at least 
once every 3 years thereafter, the Secretary of 
Transportation, acting through the Administrator of 
the Maritime Administration, shall publish in the 
Federal Register a plan to recruit, train, and retain 
merchant mariners for the 5-year period following 
the date of publication of the most recently pub-
lished plan under this paragraph. 
‘‘(2) CONTENTS.—A plan published under para-
graph (1) shall contain— 
‘‘(A) a strategy to address merchant mar-
iner recruitment, training, and retention issues 
in the United States; and 
‘‘(B) demonstration and research priorities 
concerning 
merchant 
mariner 
recruitment, 
training, and retention.
2330 
‘‘(3) FACTORS.—In developing a plan under 
paragraph (1), the Secretary shall take into account, 
at a minimum— 
‘‘(A) the availability of existing research 
(as of the date of publication of the plan); and 
‘‘(B) the need to ensure results that have 
broad applicability. 
‘‘(4) CONSULTATION.—In developing a plan 
under paragraph (1), the Secretary shall consult 
with representatives of the maritime industry, labor 
organizations, including the Commander of the 
Transportation Command and the Commander of 
the Military Sealift Command, and other govern-
mental entities and persons with an interest in the 
maritime industry. 
‘‘(5) TRANSMITTAL TO CONGRESS.—The Sec-
retary shall transmit copies of a plan published 
under paragraph (1) to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Commerce, Science, 
and Transportation of the Senate. 
‘‘(b) DEMONSTRATION AND RESEARCH PROJECTS.— 
‘‘(1) IN GENERAL.—The Secretary may award 
grants to, or enter into contracts or cooperative 
agreements with, a maritime training institutions
2331 
designated under section 51607(e) or a consortium 
such institutions, to carry out demonstration and re-
search projects that implement the priorities identi-
fied in the plan prepared under subsection (a)(1), 
for the purpose of recruiting, training, or retaining 
United States merchant mariners. 
‘‘(2) COMPETITIVE AWARDS.—Grants shall be 
awarded. and contracts and cooperative agreements 
shall be entered into, under this subsection on a 
competitive basis under guidelines and requirements 
to be established by the Secretary. 
‘‘(3) APPLICATIONS.—To be eligible to receive a 
grant or enter into a contract or cooperative agree-
ment under this section for a project under this sub-
section, a maritime training institution shall submit 
to the Secretary a proposal that includes, at a min-
imum— 
‘‘(A) a description of the project; and 
‘‘(B) a method for evaluating the effective-
ness of the project. 
‘‘(4) ELIGIBLE PROJECTS.—Projects eligible for 
grants, contracts, and cooperative agreements under 
this subsection—
2332 
‘‘(A) shall carry out the demonstration and 
research priorities included in the plan pub-
lished under subsection (a)(1); and 
‘‘(B) may— 
‘‘(i) provide training to upgrade the 
skills of United States merchant mariners, 
including training to acquire a Standards 
of 
Training, 
Certification 
and 
Watchkeeping endorsement under sub-
chapter B of chapter I of title 46, Code of 
Federal Regulations; 
‘‘(ii) promote the use of distance 
learning that enables students to take 
courses through the use of teleconfer-
encing, the Internet, and other media tech-
nology; 
‘‘(iii) assist in providing services to 
address merchant mariner recruitment and 
training of youth residing in targeted high 
poverty areas within empowerment zones 
and enterprise communities; 
‘‘(iv) implement partnerships with na-
tional and regional organizations with spe-
cial expertise in developing, organizing,
2333 
and administering merchant mariner re-
cruitment and training services; 
‘‘(v) design, develop, and test an array 
of approaches to providing recruitment, 
training, or retention services, including to 
one or more targeted populations; 
‘‘(vi) in conjunction with employers, 
organized labor, other groups (such as 
community coalitions), and Federal, State, 
or local agencies, design, develop, and test 
various training approaches in order to de-
termine effective practices; or 
‘‘(vii) assist in the development and 
replication of effective service delivery 
strategies for the national maritime indus-
try as a whole. 
‘‘§ 51709. Authorization of appropriations 
‘‘There are authorized to be appropriated for each of 
fiscal years 2021 through 2026— 
‘‘(1) $10,000,000 for making grants and enter-
ing into cooperative agreements under sections 
51707 and 51708; and 
‘‘(2) $1,000,000 for administrative expenses of 
the Secretary in carrying out such sections.’’.
2334 
(b) CONFORMING AMENDMENT.—The analysis for 
such chapter is amended by adding at the end the fol-
lowing: 
‘‘51707. Merchant mariner career training loan program. 
‘‘51708. Merchant mariner recruitment, training, and retention program. 
‘‘51709. Authorization of appropriations.’’. 
SEC. 3508. ASSISTANCE FOR INLAND AND SMALL COASTAL 
PORTS AND TERMINALS. 
Section 50302 of title 46, United States Code, is 
amended— 
(1) in subsection (c)— 
(A) in paragraph (2)— 
(i) by inserting ‘‘and subsection (d)’’ 
after ‘‘this subsection’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(H) In the case of a small project funded 
under subsection (d), a private entity or group 
of entities.’’; 
(B) in paragraph (6) by striking subpara-
graph (C); 
(C) in paragraph (7)(B) by striking ‘‘para-
graph (3)(A)’’ and inserting ‘‘subsection (d)’’; 
(D) in paragraph (8)(B)— 
(i) in clause (i) by striking ‘‘under 
this subsection’’ and inserting ‘‘under this 
subsection and subsection (d)’’; and
2335 
(ii) in clause (ii) by inserting ‘‘under 
subsection (d) or’’ after ‘‘project’’; and 
(E) in paragraph (11) by— 
(i) striking ‘‘under this subsection’’ 
and inserting ‘‘under this subsection and 
subsection (d)’’ each place such phrase ap-
pears; and 
(ii) striking ‘‘fiscal year.’’ and insert-
ing ‘‘fiscal year, and shall be awarded as 
grants under the subsection for which the 
original grant was made.’’; 
(2) by redesignating subsection (d) as sub-
section (e); 
(3) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) ASSISTANCE FOR INLAND AND SMALL COASTAL 
PORTS AND TERMINALS.— 
‘‘(1) IN GENERAL.—Of amounts reserved under 
subsection (c)(7)(B), the Secretary, acting through 
the Administrator of the Maritime Administration, 
shall make grants under this subsection— 
‘‘(A) to the owners or operators of a facil-
ity at a port, as such term is defined in sub-
section (c), to and from which the average an-
nual tonnage of cargo for the immediately pre-
2336 
ceding 3 calendar years from the time an appli-
cation is submitted is less than 8,000,000 short 
tons as determined using Corps of Engineers 
data; and 
‘‘(B) 
for 
infrastructure 
improvements, 
equipment purchases, and capital investments 
at such a facility, including piers, wharves, 
docks, terminals, and similar structures used 
principally for the movement of goods, including 
areas of land, water, or areas in proximity to 
such structure that are necessary for the move-
ment of goods. 
‘‘(2) AWARDS.—In providing assistance under 
this subsection, the Secretary shall— 
‘‘(A) take into account— 
‘‘(i) the economic advantage and the 
contribution to freight transportation at an 
eligible facility; and 
‘‘(ii) the competitive disadvantage of 
an eligible facility; 
‘‘(B) not make more than 1 award per ap-
plicant for each fiscal year appropriation; and 
‘‘(C) promote the enhancement and effi-
ciencies of an eligible facility. 
‘‘(3) USE OF FUNDS.—
2337 
‘‘(A) IN
GENERAL.—Assistance provided 
under this subsection may be used to— 
‘‘(i) make capital improvements; 
‘‘(ii) construct, improve, repair, or 
maintain transportation or physical infra-
structure, buildings, equipment, or facility 
security; 
‘‘(iii) perform planning activities re-
lated to carrying out an activity described 
in clause (i); and 
‘‘(iv) otherwise fulfill the purposes for 
which such assistance is provided. 
‘‘(B) ACQUISITION
METHODS.—The Sec-
retary may not require as a condition of issuing 
a grant under this subsection— 
‘‘(i) direct ownership of either a facil-
ity or equipment to be procured using 
funds awarded under this subsection; or 
‘‘(ii) that equipment procured using 
such funds be new. 
‘‘(4) 
PROHIBITED
USES.—Funds 
provided 
under this subsection may not be used for— 
‘‘(A) projects conducted on property lying 
outside port or terminal boundaries and not 
owned or leased by the applicant;
2338 
‘‘(B) any single grant award more than 10 
percent of total allocation of funds to carry out 
this subsection per fiscal year appropriation; or 
‘‘(C) activities, including channel improve-
ments or harbor deepening, authorized, as of 
the date of the application for assistance under 
this subsection, to be carried out by of the 
Corps of Engineers. 
‘‘(5) MATCHING REQUIREMENTS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
not provide assistance under this subsection un-
less the Secretary determines that sufficient 
funding is available to meet the matching re-
quirements of subsection (c)(8). Any costs of 
the project to be paid by the recipient’s match-
ing share may be incurred prior to the date on 
which assistance is provided. 
‘‘(B) INCLUSIONS.—For the purpose of 
making the determination under subparagraph 
(A), funding may include a loan agreement, a 
commitment from investors, cash on balance 
sheet, or other contributions determined accept-
able by the Secretary. 
‘‘(6) APPLICATION AND AWARD.—
2339 
‘‘(A) MINIMUM STANDARDS FOR PAYMENT 
OR
REIMBURSEMENT.—Each application sub-
mitted shall include a comprehensive description 
of— 
‘‘(i) the project; 
‘‘(ii) the need for the project; 
‘‘(iii) the methodology for imple-
menting the project; and 
‘‘(iv) 
documentation 
of 
matching 
funds as described in paragraph (5). 
‘‘(B) DEMONSTRATION
OF
EFFECTIVE-
NESS.—In determining whether a project will 
achieve the purposes for which such assistance 
is requested under this subsection, the Sec-
retary shall accept documentation used to ob-
tain a commitment of the matching funds de-
scribed in paragraph (5), including feasibility 
studies, business plans, investor prospectuses, 
loan applications, or similar documentation. 
‘‘(C) PROJECT
APPROVAL
REQUIRED.— 
The Secretary may not award a grant under 
this subsection unless the Secretary determines 
that the— 
‘‘(i) project will be completed without 
unreasonable delay; and
2340 
‘‘(ii) recipient has authority to carry 
out the proposed project. 
‘‘(7) PROCEDURAL SAFEGUARDS, AUDITS, AND 
EXAMINATIONS.— 
‘‘(A) 
PROCEDURAL
SAFEGUARDS.—The 
Administrator shall issue guidelines to establish 
appropriate accounting, reporting, and review 
procedures to ensure that— 
‘‘(i) assistance provided under this 
subsection is used for the purposes for 
which such assistance made available; and 
‘‘(ii) grantees have properly accounted 
for all expenditures of grant funds. 
‘‘(B) AUDITS
AND
EXAMINATIONS.—All 
grantees under this subsection shall maintain 
such records as the Administrator may require 
and make such records available for review and 
audit by the Administrator. 
‘‘(8) LIMITATION.—Not more than 10 percent 
of the funds made available under subsection 
(c)(7)(B) may be used to the planning and design of 
eligible projects described in paragraph (3)(A)(iii). 
‘‘(9) DEFINITION OF PROJECT.—In this sub-
section, the term ‘project’ has the meaning given 
such term in subsection (c).’’.
2341 
SEC. 3509. NATIONAL SHIPPER ADVISORY COMMITTEE. 
(a) IN GENERAL.—Part B of subtitle IV of title 46, 
United States Code, is amended by adding at the end the 
following: 
‘‘CHAPTER 425—NATIONAL SHIPPER 
ADVISORY COMMITTEE 
‘‘Sec. 
‘‘42501. Definitions. 
‘‘42502. National Shipper Advisory Committee. 
‘‘42503. Administration. 
‘‘§ 42501. Definitions 
‘‘In this chapter: 
‘‘(1) COMMISSION.—The term ‘Commission’ 
means the Federal Maritime Commission. 
‘‘(2) 
COMMITTEE.—The 
term 
‘Committee’ 
means the National Shipper Advisory Committee es-
tablished by section 42502. 
‘‘§ 42502. National Shipper Advisory Committee 
‘‘(a) ESTABLISHMENT.—There is established a Na-
tional Shipper Advisory Committee. 
‘‘(b) FUNCTION.—The Committee shall advise the 
Federal Maritime Commission on policies relating to the 
competitiveness, reliability, integrity, and fairness of the 
international ocean freight delivery system. 
‘‘(c) MEMBERSHIP.—
2342 
‘‘(1) IN GENERAL.—The Committee shall con-
sist of 24 members appointed by the Commission in 
accordance with this section. 
‘‘(2) EXPERTISE.—Each member of the Com-
mittee shall have particular expertise, knowledge, 
and experience in matters relating to the function of 
the Committee. 
‘‘(3) REPRESENTATION.—Members of the Com-
mittee shall be appointed as follows: 
‘‘(A) Twelve members shall represent enti-
ties who import cargo to the United States 
using ocean common carriers. 
‘‘(B) Twelve members shall represent enti-
ties who export cargo from the United States 
using ocean common carriers. 
‘‘§ 42503. Administration 
‘‘(a) MEETINGS.—The Committee shall, not less than 
once each year, meet at the call of the Commission or a 
majority of the members of the Committee. 
‘‘(b) EMPLOYEE STATUS.—A member of the Com-
mittee shall not be considered an employee of the Federal 
Government by reason of service on such Committee, ex-
cept for the purposes of the following: 
‘‘(1) Chapter 81 of title 5.
2343 
‘‘(2) Chapter 171 of title 28 and any other 
Federal law relating to tort liability. 
‘‘(c) ACCEPTANCE OF VOLUNTEER SERVICES.—Not-
withstanding any other provision of law, a member of the 
Committee may serve on such committee on a voluntary 
basis without pay. 
‘‘(d) STATUS OF MEMBERS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), with respect to a member of the Com-
mittee whom the Commission appoints to represent 
an entity or group— 
‘‘(A) the member is authorized to rep-
resent the interests of the applicable entity or 
group; and 
‘‘(B) requirements under Federal law that 
would interfere with such representation and 
that apply to a special Government employee 
(as defined in section 202(a) of title 18), in-
cluding requirements relating to employee con-
duct, political activities, ethics, conflicts of in-
terest, and corruption, do not apply to the 
member. 
‘‘(2) EXCEPTION.—Notwithstanding subsection 
(b), a member of the Committee shall be treated as 
a special Government employee for purposes of the
2344 
committee service of the member if the member, 
without regard to service on the Committee, is a spe-
cial Government employee. 
‘‘(e) SERVICE ON COMMITTEE.— 
‘‘(1) SOLICITATION OF NOMINATIONS.—Before 
appointing an individual as a member of the Com-
mittee, the Commission shall publish a timely notice 
in the Federal Register soliciting nominations for 
membership on such Committee. 
‘‘(2) APPOINTMENTS.— 
‘‘(A) 
IN
GENERAL.—After 
considering 
nominations received pursuant to a notice pub-
lished under paragraph (1), the Commission 
may appoint a member to the Committee. 
‘‘(B) 
PROHIBITION.—The 
Commission 
shall not seek, consider, or otherwise use infor-
mation concerning the political affiliation of a 
nominee in making an appointment to the Com-
mittee. 
‘‘(3) SERVICE AT PLEASURE OF THE COMMIS-
SION.—Each member of the Committee shall serve 
at the pleasure of the Commission. 
‘‘(4) SECURITY BACKGROUND EXAMINATIONS.— 
The Commission may require an individual to have
2345 
passed an appropriate security background examina-
tion before appointment to the Committee. 
‘‘(5) PROHIBITION.—A Federal employee may 
not be appointed as a member of the Committee. 
‘‘(6) TERMS.— 
‘‘(A) IN
GENERAL.—The term of each 
member of the Committee shall expire on De-
cember 31 of the third full year after the effec-
tive date of the appointment. 
‘‘(B) CONTINUED SERVICE AFTER TERM.— 
When the term of a member of the Committee 
ends, the member, for a period not to exceed 1 
year, may continue to serve as a member until 
a successor is appointed. 
‘‘(7) VACANCIES.—A vacancy on the Committee 
shall be filled in the same manner as the original ap-
pointment. 
‘‘(8) SPECIAL RULE FOR REAPPOINTMENTS.— 
Notwithstanding paragraphs (1) and (2), the Com-
mission may reappoint a member of a committee for 
any term, other than the first term of the member, 
without soliciting, receiving, or considering nomina-
tions for such appointment. 
‘‘(f) STAFF SERVICES.—The Commission shall fur-
nish to the Committee any staff and services considered
2346 
by the Commission to be necessary for the conduct of the 
Committee’s functions. 
‘‘(g) CHAIR; VICE CHAIR.— 
‘‘(1) IN GENERAL.—The Committee shall elect 
a Chair and Vice Chair from among the committee’s 
members. 
‘‘(2) VICE CHAIRMAN ACTING AS CHAIRMAN.— 
The Vice Chair shall act as Chair in the absence or 
incapacity of, or in the event of a vacancy in the of-
fice of, the Chair. 
‘‘(h) SUBCOMMITTEES AND WORKING GROUPS.— 
‘‘(1) IN
GENERAL.—The Chair of the Com-
mittee may establish and disestablish subcommittees 
and working groups for any purpose consistent with 
the function of the Committee. 
‘‘(2) PARTICIPANTS.—Subject to conditions im-
posed by the Chair, members of the Committee may 
be assigned to subcommittees and working groups 
established under paragraph (1). 
‘‘(i) CONSULTATION, ADVICE, REPORTS, AND REC-
OMMENDATIONS.— 
‘‘(1) CONSULTATION.—Before taking any sig-
nificant action, the Commission shall consult with, 
and consider the information, advice, and rec-
ommendations of, the Committee if the function of
2347 
the Committee is to advise the Commission on mat-
ters related to the significant action. 
‘‘(2) ADVICE, REPORTS, AND
RECOMMENDA-
TIONS.—The Committee shall submit, in writing, to 
the Commission its advice, reports, and rec-
ommendations, in a form and at a frequency deter-
mined appropriate by the Committee. 
‘‘(3) EXPLANATION OF ACTIONS TAKEN.—Not 
later than 60 days after the date on which the Com-
mission receives recommendations from the Com-
mittee under paragraph (2), the Commission shall— 
‘‘(A) publish the recommendations on a 
public website; and 
‘‘(B) respond, in writing, to the Committee 
regarding the recommendations, including by 
providing an explanation of actions taken re-
garding the recommendations. 
‘‘(4) SUBMISSION TO CONGRESS.—The Commis-
sion shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Commerce, Science, 
and Transportation of the Senate the advice, re-
ports, and recommendations received from the Com-
mittee under paragraph (2).
2348 
‘‘(j) OBSERVERS.—The Commission may designate a 
representative to— 
‘‘(1) attend any meeting of the Committee; and 
‘‘(2) participate as an observer at such meeting. 
‘‘(k) TERMINATION.—The Committee shall terminate 
on September 30, 2029.’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
title IV of title 46, United States Code, is amended by 
inserting after the item related to chapter 423 the fol-
lowing: 
‘‘425. National Shipper Advisory Committee .........................42501’’. 
SEC. 3510. SEA YEAR CADETS ON CABLE SECURITY FLEET 
AND TANKER SECURITY FLEET VESSELS. 
Section 51307 of title 46, United States Code, is 
amended by striking subsection (b) and inserting the fol-
lowing: 
‘‘(b) SEA YEAR CADETS ON CABLE SECURITY FLEET 
AND TANKER SECURITY FLEET VESSELS.—The Sec-
retary shall require an operator of a vessel participating 
in the Maritime Security Program under chapter 531 of 
this title, the Cable Security Fleet under chapter 532 of 
this title, or the Tanker Security Fleet under chapter 534 
of this title to carry on each Maritime Security Program 
vessel, Cable Security Fleet vessel, or Tanker Security 
Fleet vessel 2 United States Merchant Marine Academy 
cadets, if available, on each voyage.’’.
2349 
SEC. 3510A. SUPERINTENDENT OF THE UNITED STATES 
MERCHANT MARINE ACADEMY. 
Section 51301(c) of title 46, United States Code, is 
amended— 
(1) by redesignating paragraphs (1) through 
(3) as paragraphs (2) through (4), respectively; 
(2) by inserting before paragraph (2), as so re-
designated, the following: 
‘‘(1) SENSE OF CONGRESS.—It is the sense of 
Congress that, due to the unique mission of the 
United States Merchant Marine Academy, it is high-
ly desirable that the Superintendent of the Academy 
be a graduate of the Academy in good standing and 
have attained an unlimited merchant marine offi-
cer’s license.’’; and 
(3) in paragraph (3), as so redesignated— 
(A) in subparagraph (A)(i), by inserting 
after ‘‘attained’’ the following ‘‘the rank of 
Captain, Chief Mate, or Chief Engineer in the 
merchant marine of the United States, or’’; and 
(B) in subparagraphs (B)(i)(I) and (C)(i), 
by 
inserting 
‘‘merchant 
marine,’’ 
before 
‘‘Navy,’’. 
SEC. 3510B. MARITIME ACADEMY INFORMATION. 
Not later than 1 year after the date of enactment 
of this title, the Maritime Administrator shall make avail-
2350 
able on a public website data, as available, on the fol-
lowing: 
(1) The number of graduates from the United 
States Merchant Marine Academy and each State 
Maritime Academy for the previous 5 years. 
(2) The number of graduates from the United 
States Merchant Marine Academy and each State 
Maritime Academy for the previous 5 years who 
have become employed in, or whose status qualifies 
under, each of the following categories: 
(A) Maritime Afloat. 
(B) Maritime Ashore. 
(C) Armed Forces of the United States. 
(D) Non-maritime. 
(E) Graduate studies. 
(F) Unknown. 
(3) The number of students at each State Mari-
time Academy class receiving or who have received 
for the previous 5 years funds under the student in-
centive payment program under section 51509 of 
title 46, United States Code. 
(4) The number of students described under 
paragraph (3) who used partial student incentive 
payments who graduated without an obligation 
under the program.
2351 
(5) The number of students described under 
paragraph (3) who graduated with an obligation 
under the program. 
SEC. 3510C. MARINER LICENSING AND CREDENTIALING. 
(a) IN GENERAL.—Except as provided in subsection 
(b) and subject to subsection (c), for purposes of licensing 
and credentialing of mariners, the Secretary of Homeland 
Security shall prescribe a tonnage measurement as a small 
passenger vessel, as defined in section 2101 of title 46, 
United States Code, for the M/V LISERON (United 
States official number 971339) for purposes of applying 
the optional regulatory measurement under section 14305 
and under chapter 145 of that title. 
(b) EXCEPTION.—Subsection (a) shall not apply with 
respect to the vessel referred to in such subsection if the 
length of the vessel exceeds its length on the date of enact-
ment of this Act. 
(c) RESTRICTIONS.—The vessel referred to in sub-
section (a) is subject to the following restrictions: 
(1) The vessel may not operate outside the in-
land waters of the United States, as established 
under section 151 of title 33, United States Code, 
when carrying passengers for hire and operating 
under subsection (a).
2352 
(2) The Secretary may issue a restricted cre-
dential as appropriate for a licensed individual em-
ployed to serve on such vessel under prescribed regu-
lations. 
SEC. 3510D. NATIONAL SHIPPER ADVISORY COMMITTEE. 
(a) IN GENERAL.—Part B of subtitle IV of title 46, 
United States Code, is amended by adding at the end the 
following: 
‘‘CHAPTER 425—NATIONAL SHIPPER 
ADVISORY COMMITTEE 
‘‘Sec. 
‘‘42501. Definitions. 
‘‘42502. National Shipper Advisory Committee. 
‘‘42503. Administration. 
‘‘§ 42501. Definitions 
‘‘In this chapter: 
‘‘(1) COMMISSION.—The term ‘Commission’ 
means the Federal Maritime Commission. 
‘‘(2) 
COMMITTEE.—The 
term 
‘Committee’ 
means the National Shipper Advisory Committee es-
tablished by section 42502. 
‘‘§ 42502. National Shipper Advisory Committee 
‘‘(a) ESTABLISHMENT.—There is established a Na-
tional Shipper Advisory Committee. 
‘‘(b) FUNCTION.—The Committee shall advise the 
Federal Maritime Commission on policies relating to the
2353 
competitiveness, reliability, integrity, and fairness of the 
international ocean freight delivery system. 
‘‘(c) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Committee shall con-
sist of 24 members appointed by the Commission in 
accordance with this section. 
‘‘(2) EXPERTISE.—Each member of the Com-
mittee shall have particular expertise, knowledge, 
and experience in matters relating to the function of 
the Committee. 
‘‘(3) REPRESENTATION.—Members of the Com-
mittee shall be appointed as follows: 
‘‘(A) Twelve members shall represent enti-
ties who import cargo to the United States 
using ocean common carriers. 
‘‘(B) Twelve members shall represent enti-
ties who export cargo from the United States 
using ocean common carriers. 
‘‘§ 42503. Administration 
‘‘(a) MEETINGS.—The Committee shall, not less than 
once each year, meet at the call of the Commission or a 
majority of the members of the Committee. 
‘‘(b) EMPLOYEE STATUS.—A member of the Com-
mittee shall not be considered an employee of the Federal
2354 
Government by reason of service on such Committee, ex-
cept for the purposes of the following: 
‘‘(1) Chapter 81 of title 5. 
‘‘(2) Chapter 171 of title 28 and any other 
Federal law relating to tort liability. 
‘‘(c) ACCEPTANCE OF VOLUNTEER SERVICES.—Not-
withstanding any other provision of law, a member of the 
Committee may serve on such committee on a voluntary 
basis without pay. 
‘‘(d) STATUS OF MEMBERS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), with respect to a member of the Com-
mittee whom the Commission appoints to represent 
an entity or group— 
‘‘(A) the member is authorized to rep-
resent the interests of the applicable entity or 
group; and 
‘‘(B) requirements under Federal law that 
would interfere with such representation and 
that apply to a special Government employee 
(as defined in section 202(a) of title 18), in-
cluding requirements relating to employee con-
duct, political activities, ethics, conflicts of in-
terest, and corruption, do not apply to the 
member.
2355 
‘‘(2) EXCEPTION.—Notwithstanding subsection 
(b), a member of the Committee shall be treated as 
a special Government employee for purposes of the 
committee service of the member if the member, 
without regard to service on the Committee, is a spe-
cial Government employee. 
‘‘(e) SERVICE ON COMMITTEE.— 
‘‘(1) SOLICITATION OF NOMINATIONS.—Before 
appointing an individual as a member of the Com-
mittee, the Commission shall publish a timely notice 
in the Federal Register soliciting nominations for 
membership on such Committee. 
‘‘(2) APPOINTMENTS.— 
‘‘(A) 
IN
GENERAL.—After 
considering 
nominations received pursuant to a notice pub-
lished under paragraph (1), the Commission 
may appoint a member to the Committee. 
‘‘(B) 
PROHIBITION.—The 
Commission 
shall not seek, consider, or otherwise use infor-
mation concerning the political affiliation of a 
nominee in making an appointment to the Com-
mittee. 
‘‘(3) SERVICE AT PLEASURE OF THE COMMIS-
SION.—Each member of the Committee shall serve 
at the pleasure of the Commission.
2356 
‘‘(4) SECURITY BACKGROUND EXAMINATIONS.— 
The Commission may require an individual to have 
passed an appropriate security background examina-
tion before appointment to the Committee. 
‘‘(5) PROHIBITION.—A Federal employee may 
not be appointed as a member of the Committee. 
‘‘(6) TERMS.— 
‘‘(A) IN
GENERAL.—The term of each 
member of the Committee shall expire on De-
cember 31 of the third full year after the effec-
tive date of the appointment. 
‘‘(B) CONTINUED SERVICE AFTER TERM.— 
When the term of a member of the Committee 
ends, the member, for a period not to exceed 1 
year, may continue to serve as a member until 
a successor is appointed. 
‘‘(7) VACANCIES.—A vacancy on the Committee 
shall be filled in the same manner as the original ap-
pointment. 
‘‘(8) SPECIAL RULE FOR REAPPOINTMENTS.— 
Notwithstanding paragraphs (1) and (2), the Com-
mission may reappoint a member of a committee for 
any term, other than the first term of the member, 
without soliciting, receiving, or considering nomina-
tions for such appointment.
2357 
‘‘(f) STAFF SERVICES.—The Commission shall fur-
nish to the Committee any staff and services considered 
by the Commission to be necessary for the conduct of the 
Committee’s functions. 
‘‘(g) CHAIR; VICE CHAIR.— 
‘‘(1) IN GENERAL.—The Committee shall elect 
a Chair and Vice Chair from among the committee’s 
members. 
‘‘(2) VICE CHAIRMAN ACTING AS CHAIRMAN.— 
The Vice Chair shall act as Chair in the absence or 
incapacity of, or in the event of a vacancy in the of-
fice of, the Chair. 
‘‘(h) SUBCOMMITTEES AND WORKING GROUPS.— 
‘‘(1) IN
GENERAL.—The Chair of the Com-
mittee may establish and disestablish subcommittees 
and working groups for any purpose consistent with 
the function of the Committee. 
‘‘(2) PARTICIPANTS.—Subject to conditions im-
posed by the Chair, members of the Committee may 
be assigned to subcommittees and working groups 
established under paragraph (1). 
‘‘(i) CONSULTATION, ADVICE, REPORTS, AND REC-
OMMENDATIONS.— 
‘‘(1) CONSULTATION.—Before taking any sig-
nificant action, the Commission shall consult with,
2358 
and consider the information, advice, and rec-
ommendations of, the Committee if the function of 
the Committee is to advise the Commission on mat-
ters related to the significant action. 
‘‘(2) ADVICE, REPORTS, AND
RECOMMENDA-
TIONS.—The Committee shall submit, in writing, to 
the Commission its advice, reports, and rec-
ommendations, in a form and at a frequency deter-
mined appropriate by the Committee. 
‘‘(3) EXPLANATION OF ACTIONS TAKEN.—Not 
later than 60 days after the date on which the Com-
mission receives recommendations from the Com-
mittee under paragraph (2), the Commission shall— 
‘‘(A) publish the recommendations on a 
public website; and 
‘‘(B) respond, in writing, to the Committee 
regarding the recommendations, including by 
providing an explanation of actions taken re-
garding the recommendations. 
‘‘(4) SUBMISSION TO CONGRESS.—The Commis-
sion shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Commerce, Science, 
and Transportation of the Senate the advice, re-
2359 
ports, and recommendations received from the Com-
mittee under paragraph (2). 
‘‘(j) OBSERVERS.—The Commission may designate a 
representative to— 
‘‘(1) attend any meeting of the Committee; and 
‘‘(2) participate as an observer at such meeting. 
‘‘(k) TERMINATION.—The Committee shall terminate 
on September 30, 2029.’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
title IV of title 46, United States Code, is amended by 
inserting after the item related to chapter 423 the fol-
lowing: 
‘‘425. National Shipper Advisory Committee .........................42501’’. 
Subtitle B—Tanker Security Fleet 
SEC. 3511. TANKER SECURITY FLEET. 
(a) IN GENERAL.—Part C of subtitle V of title 46, 
United States Code, is amended by inserting after chapter 
531 the following new chapter: 
‘‘CHAPTER 532—TANKER SECURITY FLEET 
‘‘53201. Definitions. 
‘‘53202. Establishment of the Tanker Security Fleet. 
‘‘53203. Vessel standards. 
‘‘53204. Award of operating agreements. 
‘‘53205. Effectiveness of operating agreements. 
‘‘53206. Obligations and rights under operating agreements. 
‘‘53207. Payments. 
‘‘53208. National security requirements. 
‘‘53209. Regulatory relief. 
‘‘53210. Special rule regarding age of participating Fleet vessels. 
‘‘53211. Regulations. 
‘‘53212. Authorization of appropriations. 
‘‘53213. Acquisition of Fleet vessels.
2360 
‘‘§ 53201. Definitions 
‘‘In this chapter: 
‘‘(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,
2361 
or any State, territory, district, or possession there-
of, or any foreign country. 
‘‘(4) TANK
VESSEL.—The term ‘tank vessel’ 
has the meaning that term has under section 2101. 
‘‘(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 in-
cludes 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 in-
volving any other person who is not a cit-
izen 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;
2362 
‘‘(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. 
‘‘§ 53202. 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
2363 
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 10 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
2364 
‘‘(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 if it is in-
cluded 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. 
‘‘(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. 
‘‘(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—
2365 
‘‘(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 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; 
‘‘(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, and are appointed and 
subjected to removal only upon ap-
proval 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-
ligations under an operating agree-
ment under this chapter;
2366 
‘‘(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, 
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. 
‘‘(3) VESSELS OWNED AND OPERATED BY A DE-
FENSE OWNER OR OPERATOR.—A vessel meets the 
requirements of this paragraph if—
2367 
‘‘(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; 
‘‘(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-
ate and the Committee on Armed Services and 
the Committee on Transportation and Infra-
structure of the House of Representatives that
2368 
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; and 
‘‘(B) demise chartered to a person that is 
a citizen of the United States under section 
50501. 
‘‘(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 
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
2369 
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, 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; and 
‘‘(C) the country has not been identified by 
the Commandant of the Coast Guard as inad-
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
2370 
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. 
‘‘§ 53203. 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), which on the date of enactment 
of this section is not a documented vessel, shall be eligible 
for a certificate of inspection if the Secretary determines 
that—
2371 
‘‘(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.— 
‘‘(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).
2372 
‘‘(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. 
‘‘§ 53204. 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.— 
‘‘(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.
2373 
‘‘(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. 
‘‘(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—
2374 
‘‘(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 53207 for more than 
10 vessels. 
‘‘§ 53205. 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 
chapter for fiscal year 2021 and any subsequent fiscal 
year. Each such agreement may be renewed annually for 
up to 7 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.
2375 
‘‘(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 by 
not later than 60 days prior to the date speci-
fied by the owner or operator for such termi-
nation, 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
2376 
which the vessel begins operating under the 
agreement, if— 
‘‘(i) the owner or operator notifies the 
Secretary, by not later than 2 years after 
the date the vessel begins operating under 
the agreement, that the owner or operator 
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 
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; or
2377 
‘‘(bb) owned by a person 
who is eligible to document the 
vessel under chapter 121, and 
operated by a person that is a 
citizen of the United States 
under section 50501. 
‘‘(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 
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.
2378 
‘‘(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 
53201. 
‘‘(4) REQUISITION.—If chapter 563 is applica-
ble to a vessel after registration, then the vessel is 
available to be requisitioned by the Secretary pursu-
ant to chapter 563. 
‘‘§ 53206. 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—
2379 
‘‘(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, in foreign-to-for-
eign 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. 
‘‘(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-
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 53205(c). This subsection shall not apply in
2380 
the case of an operating agreement terminated for 
lack of funds under section 53205(d). 
‘‘(2) REQUIREMENTS.—The requirements de-
scribed in this paragraph are the following: 
‘‘(A) To continue the documentation of the 
vessel under chapter 121. 
‘‘(B) To be bound by the requirements of 
section 53208. 
‘‘(C) That all terms and conditions of an 
emergency preparedness agreement entered into 
under section 53208 shall remain in effect, ex-
cept that the terms of such emergency pre-
paredness 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-
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.
2381 
‘‘(e) REPLACEMENT
OF
VESSELS
COVERED
BY 
AGREEMENTS.—An owner or operator of a vessel covered 
by an operating agreement under this chapter may replace 
the vessel with another vessel that is eligible to be included 
in the Fleet under section 53202(b), if the Secretary of 
Transportation, in coordination with the Secretary of De-
fense, approves the replacement of the vessel. In selecting 
a replacement vessel, the owner or operator shall give pri-
mary 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. 
‘‘§ 53207. 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 
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
2382 
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 of 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 53206 for at least 320 days 
during the fiscal year. Days during which the vessel is 
drydocked, surveyed, inspected, or repaired shall be con-
sidered days of operation for purposes of this subsection. 
‘‘(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— 
‘‘(1) except as provided in paragraph (2), may 
not reduce such a payment for the operation of the 
vessel to carry military or other preference cargoes 
under section 55302(a), 55304, 55305, or 55314,
2383 
section 2631 of title 10, or any other cargo pref-
erence law of the United States; 
‘‘(2) may not make such a payment for any day 
that the vessel is engaged in transporting more than 
7,500 tons of civilian bulk preference cargoes pursu-
ant to section 55302(a), 55305, or 55314, that is 
bulk cargo; and 
‘‘(3) shall make a pro rata reduction for each 
day less than 320 in a fiscal year that the vessel is 
not operated in accordance with section 53206. 
‘‘(e) LIMITATIONS REGARDING NONCONTIGUOUS DO-
MESTIC TRADE.— 
‘‘(1) IN GENERAL.—No owner or operator shall 
receive payments pursuant to this chapter during a 
period in which it participates in noncontiguous do-
mestic trade. 
‘‘(2) LIMITATION ON APPLICATION.—Paragraph 
(1) shall not apply to a owner or operator that is a 
citizen of the United States within the meaning of 
section 50501, applying the 75 percent ownership 
requirement of that section. 
‘‘(3) PARTICIPATES
IN
A
NONCONTIGUOUS 
TRADE DEFINED.—In this subsection the term ‘par-
ticipates in a noncontiguous domestic trade’ means 
directly or indirectly owns, charters, or operates a
2384 
vessel engaged in transportation of cargo between a 
point in the contiguous 48 States and a point in 
Alaska, Hawaii, or Puerto Rico, other than a point 
in Alaska north of the Arctic Circle. 
‘‘§ 53208. National security requirements 
‘‘(a) EMERGENCY PREPAREDNESS AGREEMENT RE-
QUIRED.—The Secretary of Transportation, in coordina-
tion with the Secretary of Defense, shall establish an 
emergency preparedness program under this section under 
which the owner or operator of a vessel covered by an op-
erating agreement under this chapter shall agree, as a 
condition of the operating agreement, to enter into an 
emergency preparedness agreement with the Secretaries. 
Each such emergency preparedness agreement shall be en-
tered into as promptly as practicable after the owner or 
operator has entered into the operating agreement. 
‘‘(b) TERMS
OF AGREEMENT.—The terms of an 
agreement under this section— 
‘‘(1) shall provide that upon request by the Sec-
retary of Defense during time of war or national 
emergency, or whenever determined by the Secretary 
of Defense to be necessary for national security or 
contingency operation (as that term is defined in 
section 101 of title 10), the owner or operator shall 
make available commercial transportation resources
2385 
(including services) described in subsection (d) to 
the Secretary of Defense; 
‘‘(2) shall include such additional terms as may 
be established by the Secretary of Transportation 
and the Secretary of Defense; and 
‘‘(3) shall allow for the modification or addition 
of terms upon agreement by the Secretary of Trans-
portation and the owner or operator and the ap-
proval by the Secretary of Defense. 
‘‘(c) PARTICIPATION AFTER EXPIRATION OF OPER-
ATING
AGREEMENT.—Except as provided by section 
53206, the Secretary may not require, through an emer-
gency preparedness agreement or an operating agreement, 
that an owner or operator of a vessel covered by an oper-
ating agreement continue to participate in an emergency 
preparedness agreement after the operating agreement 
has expired according to its terms or is otherwise no 
longer in effect. After the expiration of an emergency pre-
paredness agreement, a owner or operator may voluntarily 
continue to participate in the agreement. 
‘‘(d) RESOURCES MADE AVAILABLE.—The commer-
cial transportation resources to be made available under 
an emergency preparedness agreement shall include ves-
sels or capacity in vessels, terminal facilities, management 
services, and other related services, or any agreed portion
2386 
of such nonvessel resources for activation as the Secretary 
of Defense may determine to be necessary, seeking to min-
imize disruption of the owner or operator’s service to com-
mercial customers. 
‘‘(e) COMPENSATION.— 
‘‘(1) IN GENERAL.—Each emergency prepared-
ness agreement under this section shall provide that 
the Secretary of Defense shall pay fair and reason-
able compensation for all commercial transportation 
resources provided pursuant to this section. 
‘‘(2) SPECIFIC REQUIREMENTS.—Compensation 
under this subsection— 
‘‘(A) shall not be less than the owner or 
operator’s commercial market charges for like 
transportation resources; 
‘‘(B) shall be fair and reasonable consid-
ering all circumstances; 
‘‘(C) shall be provided from the time that 
a vessel or resource is required by the Secretary 
of Defense until the time it is redelivered to the 
owner or operator and is available to reenter 
commercial service; and
2387 
‘‘(D) shall be in addition to and shall not 
in any way reflect amounts payable under sec-
tion 53207. 
‘‘(f) TEMPORARY REPLACEMENT VESSELS.—Not-
withstanding section 55302(a), 55304, 55305, or 55314, 
section 2631 of title 10, or any other cargo preference law 
of the United States— 
‘‘(1) an owner or operator may operate or em-
ploy in foreign commerce a foreign-flag vessel or for-
eign-flag vessel capacity as a temporary replacement 
for a vessel of the United States or vessel of the 
United States capacity that is activated by the Sec-
retary of Defense under an emergency preparedness 
agreement or a primary Department of Defense sea-
lift readiness program; and 
‘‘(2) such replacement vessel or vessel capacity 
shall be eligible during the replacement period to 
transport preference cargoes subject to sections 
55302(a), 55304, 55305, and 55314 and section 
2631 of title 10 to the same extent as the eligibility 
of the vessel or vessel capacity replaced. 
‘‘(g) REDELIVERY AND LIABILITY OF THE UNITED 
STATES FOR DAMAGES.— 
‘‘(1) IN
GENERAL.—All commercial transpor-
tation resources activated under an emergency pre-
2388 
paredness agreement shall, upon termination of the 
period of activation, be redelivered to the owner or 
operator in the same good order and condition as 
when received, less ordinary wear and tear, or the 
Secretary of Defense shall fully compensate the 
owner or operator for any necessary repair or re-
placement. 
‘‘(2) LIMITATION ON UNITED STATES LIABIL-
ITY.—Except as may be expressly agreed in an 
emergency preparedness agreement, or as otherwise 
provided by law, the Government shall not be liable 
for disruption of an owner or operator’s commercial 
business or other consequential damages to an owner 
or operator arising from the activation of commer-
cial transportation resources under an emergency 
preparedness agreement. 
‘‘§ 53209. Regulatory relief 
‘‘(a) OPERATION
IN
FOREIGN
COMMERCE.—An 
owner or operator for a vessel included in an operating 
agreement under this chapter may operate the vessel in 
the foreign commerce of the United States without restric-
tion. 
‘‘(b) OTHER RESTRICTIONS.—The restrictions of sec-
tion 55305(a) concerning the building, rebuilding, or docu-
mentation of a vessel in a foreign country shall not apply
2389 
to a vessel for any day the operator of the vessel is receiv-
ing payments for the operation of that vessel under an 
operating agreement under this chapter. 
‘‘(c) TELECOMMUNICATIONS EQUIPMENT.—The tele-
communications and other electronic equipment on an ex-
isting vessel that is redocumented under the laws of the 
United States for operation under an operating agreement 
under this chapter shall be deemed to satisfy all Federal 
Communications Commission equipment certification re-
quirements, if— 
‘‘(1) such equipment complies with all applica-
ble international agreements and associated guide-
lines as determined by the country in which the ves-
sel was documented immediately before becoming 
documented under the laws of the United States; 
‘‘(2) that country has not been identified by the 
Secretary as inadequately enforcing international 
regulations as to that vessel; and 
‘‘(3) at the end of its useful life, such equip-
ment shall be replaced with equipment that meets 
Federal Communications Commission equipment 
certification standards.
2390 
‘‘§ 53210. Special rule regarding age of participating 
Fleet vessels 
‘‘Any age restriction under section 53202(b)(4) shall 
not apply to a participating Fleet vessel during the 30- 
month period beginning on the date the vessel begins oper-
ating under an operating agreement under this chapter, 
if the Secretary of Transportation determines that the 
owner or operator of the vessel has entered into an ar-
rangement to obtain and operate under the operating 
agreement for the participating Fleet vessel a replacement 
vessel that, upon commencement of such operation, will 
be eligible to be included in the Fleet under section 
53202(b). 
‘‘§ 53211. Regulations 
‘‘The Secretary of Transportation and the Secretary 
of Defense may each prescribe rules as necessary to carry 
out their respective responsibilities under this chapter. 
‘‘§ 53212. Authorization of appropriations 
‘‘There is authorized to be appropriated for payments 
under section 53207, $60,000,000 for each of fiscal years 
2021 through 2035, to remain available until expended. 
‘‘§ 53213. Acquisition of Fleet vessels 
‘‘(a) IN GENERAL.—Upon replacement of a Fleet ves-
sel under an operating agreement under this chapter, and 
subject to agreement by the owner or operator of the ves-
sel, the Secretary of Transportation may, subject to the
2391 
concurrence of the Secretary of Defense, acquire the vessel 
being replaced for inclusion in the National Defense Re-
serve Fleet. 
‘‘(b) REQUIREMENTS.—To be eligible for acquisition 
by the Secretary of Transportation under this section a 
vessel shall— 
‘‘(1) have been covered by an operating agree-
ment under this chapter for not less than 3 years; 
and 
‘‘(2) meet recapitalization requirements for the 
Ready Reserve Force. 
‘‘(c) FAIR MARKET VALUE.—A fair market value 
shall be established by the Maritime Administration for 
acquisition of an eligible vessel under this section. 
‘‘(d) APPROPRIATIONS.—Vessel acquisitions under 
this section shall be subject to the availability of appro-
priations. Amounts made available to carry out this sec-
tion shall be derived from amounts authorized to be appro-
priated for the National Defense Reserve Fleet. Amounts 
authorized to be appropriated to carry out the Maritime 
Security Program may not be use to carry out this sec-
tion.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters 
for subtitle VII of title 46, United States Code, is amend-
ed by adding at the end the following: 
‘‘532. Tanker Security Fleet .................................................................... 53201’’.
2392 
(c) DEADLINE FOR ACCEPTING APPLICATIONS.— 
(1) IN GENERAL.—The Secretary of Transpor-
tation shall begin accepting applications for enroll-
ment of vessels in the Tanker Security Fleet estab-
lished under chapter 532 of title 46, United States 
Code, as added by subsection (a), by not later than 
30 days after the date of the enactment of this Act. 
(2) APPROVAL.—Not later than 90 days after 
receipt of an application for the enrollment of a ves-
sel in the Tanker Security Fleet, the Secretary, in 
coordination with the Secretary of Defense, shall— 
(A) approve the application and enter into 
an operating agreement with the applicant; or 
(B) provide to the applicant a written ex-
planation for the denial of the application. 
TITLE XXXVI—FARM AND RANCH 
MENTAL HEALTH 
SEC. 3601. PUBLIC SERVICE ANNOUNCEMENT CAMPAIGN 
TO ADDRESS FARM AND RANCH MENTAL 
HEALTH. 
(a) IN GENERAL.—The Secretary of Agriculture, in 
consultation with the Secretary of Health and Human 
Services, shall carry out a public service announcement 
campaign to address the mental health of farmers and 
ranchers.
2393 
(b) REQUIREMENTS.—The public service announce-
ment campaign under subsection (a) shall include tele-
vision, radio, print, outdoor, and digital public service an-
nouncements. 
(c) CONTRACTOR.— 
(1) IN GENERAL.—The Secretary of Agriculture 
may enter into a contract or other agreement with 
a third party to carry out the public service an-
nouncement campaign under subsection (a). 
(2) REQUIREMENT.—In awarding a contract 
under paragraph (1), the Secretary shall use a com-
petitive bidding process. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of Agri-
culture to carry out this section $3,000,000, to remain 
available until expended. 
SEC. 3602. EMPLOYEE TRAINING PROGRAM TO MANAGE 
FARMER AND RANCHER STRESS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this section, the Secretary of Agri-
culture shall expand the pilot program carried out by the 
Secretary in fiscal year 2019 that trained employees of 
the Farm Service Agency in the management of stress ex-
perienced by farmers and ranchers, to train employees of 
the Farm Service Agency, the Risk Management Agency,
2394 
and the Natural Resources Conservation Service in the 
management of stress experienced by farmers and ranch-
ers, including the detection of stress and suicide preven-
tion. 
(b) REPORT.—Not less frequently than once every 2 
years, the Secretary shall submit to the Committee on Ag-
riculture of the House of Representatives and the Com-
mittee on Agriculture, Nutrition, and Forestry of the Sen-
ate a report describing the implementation of this section. 
SEC. 3603. TASK FORCE FOR ASSESSMENT OF CAUSES OF 
MENTAL STRESS AND BEST PRACTICES FOR 
RESPONSE. 
(a) IN GENERAL.—The Secretary of Agriculture shall 
convene a task force of agricultural and rural stakeholders 
at the national, State, and local levels— 
(1) to assess the causes of mental stress in 
farmers and ranchers; and 
(2) to identify best practices for responding to 
that mental stress. 
(b) SUBMISSION OF REPORT.—Not later than 1 year 
after the date of enactment of this Act, the task force con-
vened under subsection (a) shall submit to the Secretary 
of Agriculture a report containing the assessment and best 
practices under paragraphs (1) and (2), respectively, of 
subsection (a).
2395 
(c) COLLABORATION.—In carrying out this section, 
the task force convened under subsection (a) shall collabo-
rate with nongovernmental organizations and State and 
local agencies. 
DIVISION D—FUNDING TABLES 
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TA-
BLES. 
(a) IN GENERAL.—Whenever a funding table in this 
division specifies a dollar amount authorized for a project, 
program, or activity, the obligation and expenditure of the 
specified dollar amount for the project, program, or activ-
ity is hereby authorized, subject to the availability of ap-
propriations. 
(b) MERIT-BASED DECISIONS.—A decision to com-
mit, obligate, or expend funds with or to a specific entity 
on the basis of a dollar amount authorized pursuant to 
subsection (a) shall— 
(1) be based on merit-based selection proce-
dures in accordance with the requirements of sec-
tions 2304(k) and 2374 of title 10, United States 
Code, or on competitive procedures; and 
(2) comply with other applicable provisions of 
law. 
(c) RELATIONSHIP TO TRANSFER AND PROGRAM-
MING AUTHORITY.—An amount specified in the funding
2396 
tables in this division may be transferred or repro-
grammed under a transfer or reprogramming authority 
provided by another provision of this Act or by other law. 
The transfer or reprogramming of an amount specified in 
such funding tables shall not count against a ceiling on 
such transfers or reprogrammings under section 1001 or 
section 1512 of this Act or any other provision of law, 
unless such transfer or reprogramming would move funds 
between appropriation accounts. 
(d) APPLICABILITY TO CLASSIFIED ANNEX.—This 
section applies to any classified annex that accompanies 
this Act. 
(e) ORAL
AND WRITTEN COMMUNICATIONS.—No 
oral or written communication concerning any amount 
specified in the funding tables in this division shall super-
sede the requirements of this section. 
TITLE XLI—PROCUREMENT 
SEC. 4101. PROCUREMENT. 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2021 
Request 
House 
Authorized 
AIRCRAFT PROCUREMENT, ARMY 
FIXED WING 
002 
MQ–1 UAV ..................................................................................................................
75,000 
Additional aircraft ................................................................................................
[75,000 ] 
003 
FUTURE UAS FAMILY ............................................................................................
1,100 
1,100 
004 
RQ–11 (RAVEN) ........................................................................................................
20,851 
20,851 
ROTARY 
007 
AH–64 APACHE BLOCK IIIA REMAN ..................................................................
792,027 
792,027 
008 
AH–64 APACHE BLOCK IIIA REMAN AP ............................................................
169,460 
169,460 
011 
UH–60 BLACKHAWK M MODEL (MYP) ...............................................................
742,998 
725,298 
Unjustified costs ..................................................................................................
[–17,700 ] 
012 
UH–60 BLACKHAWK M MODEL (MYP) AP .........................................................
87,427 
87,427 
013 
UH–60 BLACK HAWK L AND V MODELS ...........................................................
172,797 
172,797 
014 
CH–47 HELICOPTER ...............................................................................................
160,750 
266,850 
Program increase .................................................................................................
[136,000 ] 
Unjustified cost growth ........................................................................................
[–29,900 ] 
015 
CH–47 HELICOPTER AP .........................................................................................
18,372 
47,372 
Program increase .................................................................................................
[29,000 ] 
MODIFICATION OF AIRCRAFT 
018 
UNIVERSAL GROUND CONTROL EQUIPMENT (UAS) ....................................
7,509 
7,509