[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2829 Engrossed in Senate (ES)]

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114th CONGRESS
  2d Session
                                S. 2829

_______________________________________________________________________

                                 AN ACT


 
  To amend and enhance certain maritime programs of the Department of 
                Transportation, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Maritime 
Administration Authorization and Enhancement Act for Fiscal Year 
2017''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
             TITLE I--MARITIME ADMINISTRATION AUTHORIZATION

Sec. 101. Authorization of the Maritime Administration.
Sec. 102. Maritime Administration authorization request.
  TITLE II--PREVENTION OF SEXUAL HARASSMENT AND ASSAULT AT THE UNITED 
                     STATES MERCHANT MARINE ACADEMY

Sec. 201. Actions to address sexual harassment and sexual assault at 
                            the United States Merchant Marine Academy.
Sec. 202. Sexual assault response coordinators and sexual assault 
                            victim advocates.
Sec. 203. Report from the Department of Transportation Inspector 
                            General.
Sec. 204. Sexual assault prevention and response working group.
             TITLE III--MARITIME ADMINISTRATION ENHANCEMENT

Sec. 301. Status of National Defense Reserve Fleet vessels.
Sec. 302. Port infrastructure development.
Sec. 303. State maritime academy physical standards and reporting.
Sec. 304. Authority to extend certain age restrictions relating to 
                            vessels participating in the maritime 
                            security fleet.
Sec. 305. Appointments.
Sec. 306. High-speed craft classification services.
Sec. 307. Maritime workforce working group.
Sec. 308. Vessel disposal program.
Sec. 309. Maritime extreme weather task force.
     TITLE IV--IMPLEMENTATION OF WORKFORCE MANAGEMENT IMPROVEMENTS

Sec. 401. Workforce plans and onboarding policies.
Sec. 402. Drug and alcohol policy.
Sec. 403. Vessel transfers.
                     TITLE V--TECHNICAL AMENDMENTS

Sec. 501. Clarifying amendment; continuation boards.
Sec. 502. Prospective payment of funds necessary to provide medical 
                            care.
Sec. 503. Technical corrections to title 46, United States Code.
Sec. 504. Coast Guard use of the Pribilof Islands.
   TITLE VI--POLAR ICEBREAKER FLEET RECAPITALIZATION TRANSPARENCY ACT

Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Polar icebreaker recapitalization plan.
Sec. 604. GAO report icebreaking capability in the United States.
   TITLE VII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION SEXUAL 
                 HARASSMENT AND ASSAULT PREVENTION ACT

 Subtitle A--Sexual Harassment and Assault Prevention at the National 
                 Oceanic and Atmospheric Administration

Sec. 711. Actions to address sexual harassment at National Oceanic and 
                            Atmospheric Administration.
Sec. 712. Actions to address sexual assault at National Oceanic and 
                            Atmospheric Administration.
Sec. 713. Rights of the victim of a sexual assault.
Sec. 714. Change of station.
Sec. 715. Applicability of policies to crews of vessels secured by 
                            National Oceanic and Atmospheric 
                            Administration under contract.
Sec. 716. Annual report on sexual assaults in the National Oceanic and 
                            Atmospheric Administration.
Sec. 717. Definition.
  Subtitle B--Commissioned Officer Corps of the National Oceanic and 
                       Atmospheric Administration

Sec. 721. References to National Oceanic and Atmospheric Administration 
                            Commissioned Officer Corps Act of 2002.
                       PART I--General Provisions

Sec. 722. Strength and distribution in grade.
Sec. 723. Recalled officers.
Sec. 724. Obligated service requirement.
Sec. 725. Training and physical fitness.
Sec. 726. Recruiting materials.
Sec. 727. Charter vessel safety policy.
Sec. 728. Technical correction.
                    PART II--Parity and Recruitment

Sec. 731. Education loans.
Sec. 732. Interest payments.
Sec. 733. Student pre-commissioning program.
Sec. 734. Limitation on educational assistance.
Sec. 735. Applicability of certain provisions of title 10, United 
                            States Code, and extension of certain 
                            authorities applicable to members of the 
                            Armed Forces to commissioned officer corps.
Sec. 736. Applicability of certain provisions of title 37, United 
                            States Code.
Sec. 737. Legion of Merit award.
Sec. 738. Prohibition on retaliatory personnel actions.
Sec. 739. Penalties for wearing uniform without authority.
Sec. 740. Application of certain provisions of competitive service law.
Sec. 741. Employment and reemployment rights.
Sec. 742. Treatment of commission in commissioned officer corps for 
                            purposes of certain hiring decisions.
Sec. 743. Direct hire authority.
            PART III--Appointments and Promotion of Officers

Sec. 751. Appointments.
Sec. 752. Personnel boards.
Sec. 753. Delegation of authority.
Sec. 754. Assistant Administrator of the Office of Marine and Aviation 
                            Operations.
Sec. 755. Temporary appointments.
Sec. 756. Officer candidates.
Sec. 757. Procurement of personnel.
             PART IV--Separation and Retirement of Officers

Sec. 761. Involuntary retirement or separation.
Sec. 762. Separation pay.
                   Subtitle C--Hydrographic Services

Sec. 771. Reauthorization of Hydrographic Services Improvement Act of 
                            1998.

             TITLE I--MARITIME ADMINISTRATION AUTHORIZATION

SEC. 101. AUTHORIZATION OF THE MARITIME ADMINISTRATION.

    There are authorized to be appropriated to the Department of 
Transportation for fiscal year 2017, to be available without 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, $99,902,000, of which--
                    (A) $74,851,000 shall be for Academy operations; 
                and
                    (B) $25,051,000 shall remain available until 
                expended for capital asset management at the Academy.
            (2) For expenses necessary to support the State maritime 
        academies, $29,550,000, of which--
                    (A) $2,400,000 shall remain available until 
                September 30, 2018, for the Student Incentive Program;
                    (B) $3,000,000 shall remain available until 
                expended for direct payments to such academies;
                    (C) $22,000,000 shall remain available until 
                expended for maintenance and repair of State maritime 
                academy training vessels;
                    (D) $1,800,000 shall remain available until 
                expended for training ship fuel assistance; and
                    (E) $350,000 shall remain available until expended 
                for expenses to improve the monitoring of the service 
                obligations of graduates.
            (3) For expenses necessary to support the National Security 
        Multi-Mission Vessel Program, $6,000,000, which shall remain 
        available until expended.
            (4) For expenses necessary to support Maritime 
        Administration operations and programs, $57,142,000.
            (5) For expenses necessary to dispose of vessels in the 
        National Defense Reserve Fleet, $20,000,000, which shall remain 
        available until expended.
            (6) For the cost (as defined in section 502(5) of the 
        Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan 
        guarantees under the program authorized by chapter 537 of title 
        46, United States Code, $3,000,000, which shall remain 
        available until expended for administrative expenses of the 
        program.

SEC. 102. MARITIME ADMINISTRATION AUTHORIZATION REQUEST.

    Section 109 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(k) Submission of Annual Maritime Administration Authorization 
Request.--
            ``(1) In general.--Not later than 30 days after the date on 
        which the President submits to Congress a budget for a fiscal 
        year pursuant to section 1105 of title 31, the Maritime 
        Administrator shall submit a Maritime Administration 
        authorization request with respect to such fiscal year to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives.
            ``(2) Defined term.--In this subsection, the term `Maritime 
        Administration authorization request' means a proposal for 
        legislation that, with respect to the Maritime Administration 
        for the relevant fiscal year--
                    ``(A) recommends authorizations of appropriations 
                for that fiscal year; and
                    ``(B) addresses any other matter that the Maritime 
                Administrator determines is appropriate for inclusion 
                in a Maritime Administration authorization bill.''.

  TITLE II--PREVENTION OF SEXUAL HARASSMENT AND ASSAULT AT THE UNITED 
                     STATES MERCHANT MARINE ACADEMY

SEC. 201. ACTIONS TO ADDRESS SEXUAL HARASSMENT AND SEXUAL ASSAULT AT 
              THE UNITED STATES MERCHANT MARINE ACADEMY.

    (a) Policy.--Chapter 513 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 51318. Policy on sexual harassment and sexual assault
    ``(a) Required Policy.--
            ``(1) In general.--The Secretary of Transportation shall 
        direct the Superintendent of the United States Merchant Marine 
        Academy to prescribe a policy on sexual harassment and sexual 
        assault applicable to the cadets and other personnel of the 
        Academy.
            ``(2) Matters to be specified in policy.--The policy on 
        sexual harassment and sexual assault prescribed under this 
        subsection shall include--
                    ``(A) a program to promote awareness of the 
                incidence of rape, acquaintance rape, and other sexual 
                offenses of a criminal nature that involve cadets or 
                other Academy personnel;
                    ``(B) procedures that a cadet should follow in the 
                case of an occurrence of sexual harassment or sexual 
                assault, including--
                            ``(i) specifying the person or persons to 
                        whom an alleged occurrence of sexual harassment 
                        or sexual assault should be reported by a cadet 
                        and the options for confidential reporting;
                            ``(ii) specifying any other person whom the 
                        victim should contact; and
                            ``(iii) procedures on the preservation of 
                        evidence potentially necessary for proof of 
                        criminal sexual assault;
                    ``(C) a procedure for disciplinary action in cases 
                of alleged criminal sexual assault involving a cadet or 
                other Academy personnel;
                    ``(D) any other sanction authorized to be imposed 
                in a substantiated case of sexual harassment or sexual 
                assault involving a cadet or other Academy personnel in 
                rape, acquaintance rape, or any other criminal sexual 
                offense, whether forcible or nonforcible; and
                    ``(E) required training on the policy for all 
                cadets and other Academy personnel, including the 
                specific training required for personnel who process 
                allegations of sexual harassment or sexual assault 
                involving Academy personnel.
            ``(3) Availability of policy.--The Secretary shall ensure 
        that the policy developed under this subsection is available 
        to--
                    ``(A) all cadets and employees of the Academy; and
                    ``(B) the public.
            ``(4) Consultation and assistance.--In developing the 
        policy under this subsection, the Secretary may consult or 
        receive assistance from such Federal, State, local, and 
        national organizations and subject matter experts as the 
        Secretary considers appropriate.
    ``(b) Development Program.--
            ``(1) In general.--The Secretary of Transportation shall 
        ensure that the development program of the United States 
        Merchant Marine Academy includes a section that--
                    ``(A) describes the relationship between honor, 
                respect, and character development and the prevention 
                of sexual harassment and sexual assault at the Academy; 
                and
                    ``(B) includes a brief history of the problem of 
                sexual harassment and sexual assault in the merchant 
                marine, in the Armed Forces, and at the Academy; and
                    ``(C) includes information relating to reporting 
                sexual harassment and sexual assault, victims' rights, 
                and dismissal for offenders.
            ``(2) Training.--The Superintendent of the Academy shall 
        ensure that all cadets receive the training described in 
        paragraph (1)--
                    ``(A) not later than 7 days after their initial 
                arrival at the Academy; and
                    ``(B) biannually thereafter until they graduate or 
                leave the Academy.
    ``(c) Annual Assessment.--
            ``(1) In general.--The Secretary of Transportation, in 
        cooperation with the Superintendent of the Academy, shall 
        conduct an assessment at the Academy during each Academy 
        program year to determine the effectiveness of the policies, 
        procedures, and training of the Academy with respect to sexual 
        harassment and sexual assault involving cadets or other Academy 
        personnel.
            ``(2) Biennial survey.--For each assessment of the Academy 
        under paragraph (1) during an Academy program year that begins 
        in an odd-numbered calendar year, the Secretary shall conduct a 
        survey of cadets and other Academy personnel--
                    ``(A) to measure--
                            ``(i) the incidence, during that program 
                        year, of sexual harassment and sexual assault 
                        events, on or off the Academy campus, that have 
                        been reported to officials of the Academy; and
                            ``(ii) the incidence, during that program 
                        year, of sexual harassment and sexual assault 
                        events, on or off the Academy campus, that have 
                        not been reported to officials of the Academy; 
                        and
                    ``(B) to assess the perceptions of cadets and other 
                Academy personnel on--
                            ``(i) the policies, procedures, and 
                        training on sexual harassment and sexual 
                        assault involving cadets or Academy personnel;
                            ``(ii) the enforcement of the policies 
                        described in clause (i);
                            ``(iii) the incidence of sexual harassment 
                        and sexual assault involving cadets or Academy 
                        personnel; and
                            ``(iv) any other issues relating to sexual 
                        harassment and sexual assault involving cadets 
                        or Academy personnel.
            ``(3) Focus groups for years when survey not required.--In 
        any year in which the Secretary of Transportation is not 
        required to conduct the survey described in paragraph (2), the 
        Secretary shall conduct focus groups at the Academy for the 
        purposes of ascertaining information relating to sexual assault 
        and sexual harassment issues at the Academy.
    ``(d) Annual Report.--
            ``(1) In general.--The Superintendent of the Academy shall 
        submit a report to the Secretary of Transportation that 
        provides information about sexual harassment and sexual assault 
        involving cadets or other personnel at the Academy for each 
        Academy program year.
            ``(2) Contents.--Each report submitted under paragraph (1) 
        shall include, for the Academy program year covered by the 
        report--
                    ``(A) the number of sexual assaults, rapes, and 
                other sexual offenses involving cadets or other Academy 
                personnel that have been reported to Academy officials;
                    ``(B) the number of the reported cases described in 
                subparagraph (A) that have been substantiated;
                    ``(C) the policies, procedures, and training 
                implemented by the Superintendent and the leadership of 
                the Academy in response to sexual harassment and sexual 
                assault involving cadets or other Academy personnel; 
                and
                    ``(D) a plan for the actions that will be taken in 
                the following Academy program year regarding prevention 
                of, and response to, sexual harassment and sexual 
                assault involving cadets or other Academy personnel.
            ``(3) Survey and focus group results.--
                    ``(A) Survey results.--Each report under paragraph 
                (1) for an Academy program year that begins in an odd-
                numbered calendar year shall include the results of the 
                survey conducted in that program year under subsection 
                (c)(2).
                    ``(B) Focus group results.--Each report under 
                paragraph (1) for an Academy program year in which the 
                Secretary of Transportation is not required to conduct 
                the survey described (c)(2) shall include the results 
                of the focus group conducted in that program year under 
                subsection (c)(3).
            ``(4) Reporting requirement.--
                    ``(A) By the superintendent.--For each incident of 
                sexual harassment or sexual assault reported to the 
                Superintendent under this subsection, the 
                Superintendent shall provide the Secretary of 
                Transportation and the Board of Visitors of the Academy 
                with a report that includes--
                            ``(i) the facts surrounding the incident, 
                        except for any details that would reveal the 
                        identities of the people involved; and
                            ``(ii) the Academy's response to the 
                        incident.
                    ``(B) By the secretary.--The Secretary shall submit 
                a copy of each report received under subparagraph (A) 
                and the Secretary's comments on the report to the 
                Committee on Commerce, Science, and Transportation of 
                the Senate and the Committee on Transportation and 
                Infrastructure of the House of Representatives.''.
    (b) Clerical Amendment.--The table of sections for chapter 513 of 
title 46, United States Code, is amended by adding at the end the 
following:

``51318. Policy on sexual harassment and sexual assault.''.

SEC. 202. SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL ASSAULT 
              VICTIM ADVOCATES.

    (a) Coordinators and Advocates.--Chapter 513 of title 46, United 
States Code, as amended by section 201, is further amended by adding at 
the end the following:
``Sec. 51319. Sexual assault response coordinators and sexual assault 
              victim advocates
    ``(a) Sexual Assault Response Coordinators.--The United States 
Merchant Marine Academy shall employ or contract with at least 1 full-
time sexual assault response coordinator who shall reside on or near 
the Academy. The Secretary of Transportation may assign additional 
full-time or part-time sexual assault response coordinators at the 
Academy as may be necessary.
    ``(b) Volunteer Sexual Assault Victim Advocates.--
            ``(1) In general.--The Secretary of Transportation, acting 
        through the Superintendent of the United States Merchant Marine 
        Academy, shall designate 1 or more permanent employees who 
        volunteer to serve as advocates for victims of sexual assaults 
        involving--
                    ``(A) cadets of the Academy; or
                    ``(B) individuals who work with or conduct business 
                on behalf of the Academy.
            ``(2) Training; other duties.--Each victim advocate 
        designated under this subsection shall--
                    ``(A) have or receive training in matters relating 
                to sexual assault and the comprehensive policy 
                developed under section 51318 of title 46, United 
                States Code; and
                    ``(B) serve as a victim advocate voluntarily, in 
                addition to the individual's other duties as an 
                employee of the Academy.
            ``(3) Primary duties.--While performing the duties of a 
        victim advocate under this subsection, a designated employee 
        shall--
                    ``(A) support victims of sexual assault by 
                informing them of the rights and resources available to 
                them as victims;
                    ``(B) identify additional resources to ensure the 
                safety of victims of sexual assault; and
                    ``(C) connect victims of sexual assault to an 
                Academy sexual assault response coordinator, or full-
                time or part-time victim advocate, who shall act as a 
                companion in navigating investigative, medical, mental 
                and emotional health, and recovery processes relating 
                to sexual assault.
            ``(4) Companion.--At least 1 victim advocate designated 
        under this subsection, while performing the duties of a victim 
        advocate, shall act as a companion in navigating investigative, 
        medical, mental and emotional health, and recovery processes 
        relating to sexual assault.
            ``(5) Hotline.--The Secretary shall establish a 24-hour 
        hotline through which the victim of a sexual assault can 
        receive victim support services.
            ``(6) Formal relationships with other entities.--The 
        Secretary may enter into formal relationships with other 
        entities to make available additional victim advocates or to 
        implement paragraphs (3), (4), and (5).
            ``(7) Confidentiality.--Information disclosed by a victim 
        to an advocate designated under this subsection--
                    ``(A) shall be treated by the advocate as 
                confidential; and
                    ``(B) may not be disclosed by the advocate without 
                the consent of the victim.''.
    (b) Clerical Amendment.--The table of sections for chapter 513 of 
title 46, United States Code, is amended by adding at the end the 
following:

``51319. Sexual assault response coordinators and sexual assault victim 
                            advocates.''.

SEC. 203. REPORT FROM THE DEPARTMENT OF TRANSPORTATION INSPECTOR 
              GENERAL.

    (a) In General.--Not later than March 31, 2018, the Inspector 
General of the Department of Transportation shall submit a report to 
the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives that describes the effectiveness of the sexual 
harassment and sexual assault prevention and response program at the 
United States Merchant Marine Academy.
    (b) Contents.--The report required under subsection (a) shall--
            (1) assess progress toward addressing any outstanding 
        recommendations;
            (2) include any recommendations to reduce the number of 
        sexual assaults involving members of the United States Merchant 
        Marine Academy, whether a member is the victim, the alleged 
        assailant, or both;
            (3) include any recommendations to improve the response of 
        the Department of Transportation and the United States Merchant 
        Marine Academy to reports of sexual assaults involving members 
        of the Academy, whether a members is the victim, the alleged 
        assailant, or both.
    (c) Expertise.--In compiling the report required under this 
section, the inspection teams acting under the direction of the 
Inspector General shall--
            (1) include at least 1 member with expertise and knowledge 
        of sexual assault prevention and response policies; or
            (2) consult with subject matter experts in the prevention 
        of and response to sexual assaults.

SEC. 204. SEXUAL ASSAULT PREVENTION AND RESPONSE WORKING GROUP.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Maritime Administrator shall convene a 
working group to examine methods to improve the prevention of, and 
response to, any sexual harassment or sexual assault that occurs during 
a Cadet's Sea Year experience with the United States Merchant Marine 
Academy.
    (b) Membership.--The Maritime Administrator shall designate 
individuals to serve as members of the working group convened pursuant 
to subsection (a). Membership in the working group shall consist of--
            (1) a representative of the Maritime Administration, which 
        shall serve as chair of the working group;
            (2) the Superintendent of the Academy, or designee;
            (3) the sexual assault response coordinator appointed under 
        section 51319 of title 46, United States Code, as added by 
        section 202;
            (4) a subject matter expert from the Coast Guard;
            (5) a subject matter expert from the Military Sealift 
        Command;
            (6) at least 1 representative from each of the State 
        maritime academies;
            (7) at least 1 representative from each private contracting 
        party participating in the maritime security program;
            (8) at least 1 representative from each nonprofit labor 
        organization representing a class or craft of employees 
        employed on vessels in the Maritime Security Fleet;
            (9) at least 2 representatives from approved maritime 
        training institutions; and
            (10) at least 1 representative from companies that--
                    (A) participate in sea training of Academy cadets; 
                and
                    (B) do not participate in the maritime security 
                program.
    (c) No Quorum Requirement.--The Maritime Administration may convene 
the working group without all members present.
    (d) Responsibilities.--The working group shall--
            (1) evaluate options that could promote a climate of honor 
        and respect, and a culture that is intolerant of sexual 
        harassment and sexual assault and those who commit it, across 
        the United States Flag Fleet;
            (2) raise awareness of the United States Merchant Marine 
        Academy's sexual assault prevention and response program across 
        the United States Flag Fleet;
            (3) assess options that could be implemented by the United 
        States Flag Fleet that would remove any barriers to the 
        reporting of sexual harassment and sexual assault response that 
        occur during a Cadet's Sea Year experience and protect the 
        victim's confidentiality;
            (4) assess a potential program or policy, applicable to all 
        participants of the maritime security program, to improve the 
        prevention of, and response to, sexual harassment and sexual 
        assault incidents;
            (5) assess a potential program or policy, applicable to all 
        vessels operating in the United States Flag Fleet that 
        participate in the Maritime Security Fleet under section 53101 
        of title 46, United States Code, which carry cargos to which 
        chapter 531 of such title applies, or are chartered by a 
        Federal agency, requiring crews to complete a sexual harassment 
        and sexual assault prevention and response training program 
        before the Cadet's Sea Year that includes--
                    (A) fostering a shipboard climate--
                            (i) that does not tolerate sexual 
                        harassment and sexual assault;
                            (ii) in which persons assigned to vessel 
                        crews are encouraged to intervene to prevent 
                        potential incidents of sexual harassment or 
                        sexual assault; and
                            (iii) that encourages victims of sexual 
                        assault to report any incident of sexual 
                        harassment or sexual assault; and
                    (B) understanding the needs of, and the resources 
                available to, a victim after an incident of sexual 
                harassment or sexual assault;
            (6) assess whether the United States Merchant Marine 
        Academy should continue with sea year training on privately 
        owned vessels or change its curricula to provide alternative 
        training; and
            (7) assess how vessel operators could ensure the 
        confidentiality of a report of sexual harassment or sexual 
        assault in order to protect the victim and prevent retribution.
    (e) Report.--Not later than 15 months after the date of the 
enactment of this Act, the working group shall submit a report to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives that includes--
            (1) recommendations on each of the working group's 
        responsibilities described in subsection (d);
            (2) the trade-offs, opportunities, and challenges 
        associated with the recommendations made in paragraph (1); and
            (3) any other information the working group determines 
        appropriate.

             TITLE III--MARITIME ADMINISTRATION ENHANCEMENT

SEC. 301. STATUS OF NATIONAL DEFENSE RESERVE FLEET VESSELS.

    Section 4405 of title 50, United States Code, is amended--
            (1) in subsection (a), by adding at the end the following: 
        ``Vessels in the National Defense Reserve Fleet, including 
        vessels loaned to State maritime academies, shall be considered 
        public vessels of the United States.''; and
            (2) by adding at the end the following:
    ``(g) Vessel Status.--Ships or other watercraft in the National 
Defense Reserve Fleet determined by the Maritime Administration to be 
of insufficient value to remain in the National Defense Reserve Fleet--
            ``(1) shall remain vessels (as defined in section 3 of 
        title 1); and
            ``(2) shall remain subject to the rights and 
        responsibilities of a vessel under admiralty law until such 
        time as the vessel is delivered to a dismantling facility or is 
        otherwise disposed of from the National Defense Reserve 
        Fleet.''.

SEC. 302. PORT INFRASTRUCTURE DEVELOPMENT.

    Section 50302(c)(4) of title 46, United States Code, is amended--
            (1) by striking ``There are authorized'' and inserting the 
        following:
                    ``(A) In general.--There are authorized''; and
            (2) by adding at the end the following:
                    ``(B) Administrative expenses.--Except as otherwise 
                provided by law, the Administrator may use not more 
                than 3 percent of the amounts appropriated to carry out 
                this section for the administrative expenses of the 
                program.''.

SEC. 303. STATE MARITIME ACADEMY PHYSICAL STANDARDS AND REPORTING.

    Section 51506 of title 46, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``must'' and inserting ``shall'';
                    (B) in paragraph (2), by striking ``and'' at the 
                end;
                    (C) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(4) agree that any individual enrolled at such State 
        maritime academy in a merchant marine officer preparation 
        program--
                    ``(A) shall, not later than 9 months after each 
                such individual's date of enrollment, pass an 
                examination in form and substance satisfactory to the 
                Secretary that demonstrates that such individual meets 
                the medical and physical requirements--
                            ``(i) required for the issuance of an 
                        original license under section 7101; or
                            ``(ii) set by the Coast Guard for issuing 
                        merchant mariners' documentation under section 
                        7302, with no limit to his or her operational 
                        authority;
                    ``(B) following passage of the examination under 
                subparagraph (A), shall continue to meet the 
                requirements or standards described in subparagraph (A) 
                throughout the remainder of their respective 
                enrollments at the State maritime academy; and
                    ``(C) if the individual has a medical or physical 
                condition that disqualifies him or her from meeting the 
                requirements or standards referred to in subparagraph 
                (A), shall be transferred to a program other than a 
                merchant marine officer preparation program, or 
                otherwise appropriately disenrolled from such State 
                maritime academy, until the individual demonstrates to 
                the Secretary that the individual meets such 
                requirements or standards.''; and
            (2) by adding at the end the following:
    ``(c) Secretarial Waiver Authority.--The Secretary is authorized to 
modify or waive any of the terms set forth in subsection (a)(4) with 
respect to any individual or State maritime academy.''.

SEC. 304. AUTHORITY TO EXTEND CERTAIN AGE RESTRICTIONS RELATING TO 
              VESSELS PARTICIPATING IN THE MARITIME SECURITY FLEET.

    (a) In General.--Section 53102 of title 46, United States Code, is 
amended by adding at the end the following:
    ``(g) Authority for Extension of Maximum Service Age for a 
Participating Fleet Vessel.--The Secretary of Defense, in conjunction 
with the Secretary of Transportation, may extend the maximum age 
restrictions under sections 53101(5)(A)(ii) and 53106(c)(3) for a 
particular participating fleet vessel for up to 5 years if the 
Secretary of Defense and the Secretary of Transportation jointly 
determine that such extension is in the national interest.''.
    (b) Repeal of Unnecessary Age Limitation.--Section 53106(c)(3) of 
such title is amended--
            (1) in subparagraph (A), by striking ``or (C);'' and 
        inserting ``; or'';
            (2) in subparagraph (B), by striking ``; or'' at the end 
        and inserting a period; and
            (3) by striking subparagraph (C).

SEC. 305. APPOINTMENTS.

    (a) In General.--Section 51303 of title 46, United States Code, is 
amended by striking ``40'' and inserting ``50''.
    (b) Class Profile.--Not later than August 31 of each year, the 
Superintendent of the United States Merchant Marine Academy shall post 
on the Academy's public website a summary profile of each class at the 
Academy.
    (c) Contents.--Each summary profile posted under subsection (b) 
shall include, for the incoming class and for the 4 classes that 
precede the incoming class, the number and percentage of students--
            (1) by State;
            (2) by country;
            (3) by gender;
            (4) by race and ethnicity; and
            (5) with prior military service.

SEC. 306. HIGH-SPEED CRAFT CLASSIFICATION SERVICES.

    (a) In General.--Notwithstanding section 3316(a) of title 46, 
United States Code, the Secretary of the Navy may use the services of 
an approved classification society for only a high-speed craft that--
            (1) was acquired by the Secretary from the Maritime 
        Administration;
            (2) is not a high-speed naval combatant, patrol vessel, 
        expeditionary vessel, or other special purpose military or law 
        enforcement vessel;
            (3) is operated for commercial purposes;
            (4) is not operated or crewed by any department, agency, 
        instrumentality, or employee of the United States Government;
            (5) is not directly engaged in any mission or other 
        operation for or on behalf of any department, agency, 
        instrumentality, or employee of the United States Government; 
        and
            (6) is not primarily designed to carry freight owned, 
        leased, used, or contracted for or by the United States 
        Government.
    (b) Definition of Approved Classification Society.--In this 
section, the term ``approved classification society'' means a 
classification society that has been approved by the Secretary of the 
department in which the Coast Guard is operating under section 3316(c) 
of title 46, United States Code.
    (c) Savings Clause.--Nothing in this section may be construed to 
affect the requirements under section 3316 of title 46, United States 
Code, for a high-speed craft that does not meet the conditions under 
paragraphs (1) through (6) of subsection (a).

SEC. 307. MARITIME WORKFORCE WORKING GROUP.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Transportation shall convene a 
working group to examine and assess the size of the pool of citizen 
mariners necessary to support the United States Flag Fleet in times of 
national emergency.
    (b) Membership.--The Maritime Administrator shall designate 
individuals to serve as members of the working group convened under 
subsection (a). The working group shall include, at a minimum, the 
following members:
            (1) At least 1 representative of the Maritime 
        Administration, who shall serve as chairperson of the working 
        group.
            (2) At least 1 subject matter expert from the United States 
        Merchant Marine Academy.
            (3) At least 1 subject matter expert from the Coast Guard.
            (4) At least 1 subject matter expert from the Military 
        Sealift Command.
            (5) 1 subject matter expert from each of the State maritime 
        academies.
            (6) At least 1 representative from each nonprofit labor 
        organization representing a class or craft of employees 
        (licensed or unlicensed) who are employed on vessels operating 
        in the United States Flag Fleet.
            (7) At least 4 representatives of owners of vessels 
        operating the in United States Flag Fleet, or their private 
        contracting parties, which are primarily operating in non-
        contiguous or coastwise trades.
            (8) At least 4 representatives of owners of vessels 
        operating the in United States Flag Fleet, or their private 
        contracting parties, which are primarily operating in 
        international transportation.
    (c) No Quorum Requirement.--The Maritime Administration may convene 
the working group without all members present.
    (d) Responsibilities.--The working group shall--
            (1) identify the number of United States citizen mariners--
                    (A) in total;
                    (B) that have a valid United States Coast Guard 
                merchant mariner credential with the necessary 
                endorsements for service on unlimited tonnage vessels 
                subject to the International Convention on Standards of 
                Training, Certification and Watchkeeping for Seafarers, 
                1978, as amended;
                    (C) that are involved in Federal programs that 
                support the United States Merchant Marine and United 
                States Flag Fleet;
                    (D) that are available to crew the United States 
                Flag Fleet and the surge sealift fleet in times of a 
                national emergency;
                    (E) that are full-time mariners;
                    (F) that have sailed in the prior 18 months; and
                    (G) that are primarily operating in non-contiguous 
                or coastwise trades;
            (2) assess the impact on the United States Merchant Marine 
        and United States Merchant Marine Academy if graduates from 
        State maritime academies and the United States Merchant Marine 
        Academy were assigned to, or required to fulfill, certain 
        maritime positions based on the overall needs of the United 
        States Merchant Marine;
            (3) assess the Coast Guard Merchant Mariner Licensing and 
        Documentation System, which tracks merchant mariner credentials 
        and medical certificates, and its accessibility and value to 
        the Maritime Administration for the purposes of evaluating the 
        pool of United States citizen mariners; and
            (4) make recommendations to enhance the availability and 
        quality of interagency data, including data from the United 
        States Transportation Command, the Coast Guard, and the Bureau 
        of Transportation Statistics, for use by the Maritime 
        Administration for evaluating the pool of United States citizen 
        mariners.
    (e) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Transportation shall submit a report to 
the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives that contains the results of the study conducted under 
this section, including--
            (1) the number of United States citizen mariners identified 
        for each category described in subparagraphs (A) through (G) of 
        subsection (d)(1);
            (2) the results of the assessments conducted under 
        paragraphs (2) and (3) of subsection (d); and
            (3) the recommendations made under subsection (d)(4).

SEC. 308. VESSEL DISPOSAL PROGRAM.

    (a) Annual Report.--Not later than January 1 of each year, the 
Administrator of the Maritime Administration shall submit to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives a report on the management of the vessel disposal 
program of the Maritime Administration.
    (b) Contents.--The report under subsection (a) shall include--
            (1) the total amount of funds credited in the prior fiscal 
        year to--
                    (A) the Vessel Operations Revolving Fund 
                established by section 50301(a) of title 46, United 
                States Code; and
                    (B) any other account attributable to the vessel 
                disposal program of the Maritime Administration;
            (2) the balance of funds available at the end of that 
        fiscal year in--
                    (A) the Vessel Operations Revolving Fund; and
                    (B) any other account described in paragraph 
                (1)(B);
            (3) in consultation with the Secretary of the Interior, the 
        total number of--
                    (A) grant applications under the National Maritime 
                Heritage Grants Program in the prior fiscal year; and
                    (B) the applications under subparagraph (A) that 
                were approved by the Secretary of the Interior, acting 
                through the National Maritime Initiative of the 
                National Park Service;
            (4) a detailed description of each project funded under the 
        National Maritime Heritage Grants Program in the prior fiscal 
        year for which funds from the Vessel Operations Revolving Funds 
        were obligated, including the information described in 
        paragraphs (1) through (3) of section 308703(j) of title 54, 
        United States Code; and
            (5) a detailed description of the funds credited to and 
        distributions from the Vessel Operations Revolving Funds in the 
        prior fiscal year.
    (c) Assessments.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and biennially thereafter, the 
        Administrator shall assess the vessel disposal program of the 
        Maritime Administration.
            (2) Contents.--Each assessment under paragraph (1) shall 
        include--
                    (A) an inventory of each vessel, subject to a 
                disposal agreement, for which the Maritime 
                Administration acts as the disposal agent, including--
                            (i) the age of the vessel; and
                            (ii) the name of the Federal agency with 
                        which the Maritime Administration has entered 
                        into a disposal agreement;
                    (B) a description of each vessel of a Federal 
                agency that may meet the criteria for the Maritime 
                Administration to act as the disposal agent, 
                including--
                            (i) the age of the vessel; and
                            (ii) the name of the applicable Federal 
                        agency;
                    (C) the Maritime Administration's plan to serve as 
                the disposal agent, as appropriate, for the vessels 
                described in subparagraph (B); and
                    (D) any other information related to the vessel 
                disposal program that the Administrator determines 
                appropriate.
    (d) Cessation of Effectiveness.--This section ceases to be 
effective on the date that is 5 years after the date of enactment of 
this Act.

SEC. 309. MARITIME EXTREME WEATHER TASK FORCE.

    (a) Establishment of Task Force.--Not later than 15 days after the 
date of enactment of this Act, the Secretary of Transportation shall 
establish a task force to analyze the impact of extreme weather events, 
such as in the maritime environment (referred to in this section as the 
``Task Force'').
    (b) Membership.--The Task Force shall be composed of--
            (1) the Secretary or the Secretary's designee; and
            (2) a representative of--
                    (A) the Coast Guard;
                    (B) the National Oceanic and Atmospheric 
                Administration;
                    (C) the Federal Maritime Commission; and
                    (D) such other Federal agency or independent 
                commission as the Secretary considers appropriate.
    (c) Report.--
            (1) In general.--Except as provided in paragraph (4), not 
        later than 180 days after the date it is established under 
        subsection (a), the Task Force shall submit to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives a report on the analysis under subsection (a).
            (2) Contents.--The report under paragraph (1) shall 
        include--
                    (A) an identification of available weather 
                prediction, monitoring, and routing technology 
                resources;
                    (B) an identification of industry best practices 
                relating to response to, and prevention of marine 
                casualties from, extreme weather events;
                    (C) a description of how the resources described in 
                subparagraph (A) are used in the various maritime 
                sectors, including by passenger and cargo vessels;
                    (D) recommendations for improving maritime response 
                operations to extreme weather events and preventing 
                marine casualties from extreme weather events, such as 
                promoting the use of risk communications and the 
                technologies identified under subparagraph (A); and
                    (E) recommendations for any legislative or 
                regulatory actions for improving maritime response 
                operations to extreme weather events and preventing 
                marine casualties from extreme weather events.
            (3) Publication.--The Secretary shall make the report under 
        paragraph (1) and any notification under paragraph (4) publicly 
        accessible in an electronic format.
            (4) Imminent threats.--The Task Force shall immediately 
        notify the Secretary of any finding or recommendations that 
        could protect the safety of an individual on a vessel from an 
        imminent threat of extreme weather.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

     TITLE IV--IMPLEMENTATION OF WORKFORCE MANAGEMENT IMPROVEMENTS

SEC. 401. WORKFORCE PLANS AND ONBOARDING POLICIES.

    (a) Workforce Plans.--Not later than 9 months after the date of the 
enactment of this Act, the Maritime Administrator shall review the 
Maritime Administration's workforce plans, including its Strategic 
Human Capital Plan and Leadership Succession Plan, and fully implement 
competency models for mission-critical occupations, including--
            (1) leadership positions;
            (2) human resources positions; and
            (3) transportation specialist positions.
    (b) Onboarding Policies.--Not later than 9 months after the date of 
the enactment of this Act, the Administrator shall--
            (1) review the Maritime Administration's policies related 
        to new hire orientation, training, and misconduct policies;
            (2) align the onboarding policies and procedures at 
        headquarters and the field offices to ensure consistent 
        implementation and provision of critical information across the 
        Maritime Administration; and
            (3) update the Maritime Administration's training policies 
        and training systems to include controls that ensure that all 
        completed training is tracked in a standardized training 
        repository.
    (c) Onboarding Policies.--Not later than 1 year after the date of 
the enactment of this Act, the Administrator shall submit a report to 
the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives that describes the Maritime Administration's compliance 
with the requirements under this section.

SEC. 402. DRUG AND ALCOHOL POLICY.

    (a) Review.--Not later than 9 months after the date of the 
enactment of this Act, the Maritime Administrator shall--
            (1) review the Maritime Administration's drug and alcohol 
        policies, procedures, and training practices;
            (2) ensure that all fleet managers have received training 
        on the Department of Transportation's drug and alcohol policy, 
        including the testing procedures used by the Department and the 
        Maritime Administration in cases of reasonable suspicion; and
            (3) institute a system for tracking all drug and alcohol 
        policy training conducted under paragraph (2) in a standardized 
        training repository.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Administrator shall submit a report to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives that describes the Maritime Administration's compliance 
with the requirements under this section.

SEC. 403. VESSEL TRANSFERS.

    Not later than 9 months after the date of the enactment of this 
Act, the Maritime Administrator shall submit a report to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives that describes the policies and procedures for vessel 
transfer, including--
            (1) a summary of the actions taken to update the Vessel 
        Transfer Office procedures manual to reflect the current range 
        of program responsibilities and processes; and
            (2) a copy of the updated Vessel Transfer Office procedures 
        to process vessel transfer applications.

                     TITLE V--TECHNICAL AMENDMENTS

SEC. 501. CLARIFYING AMENDMENT; CONTINUATION BOARDS.

    Section 290(a) of title 14, United States Code, is amended by 
striking ``five officers serving in the grade of vice admiral'' and 
inserting ``5 officers (other than the Commandant) serving in the grade 
of admiral or vice admiral''.

SEC. 502. PROSPECTIVE PAYMENT OF FUNDS NECESSARY TO PROVIDE MEDICAL 
              CARE.

    (a) In General.--Chapter 13 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 520. Prospective payment of funds necessary to provide medical 
              care
    ``(a) Prospective Payment Required.--In lieu of the reimbursement 
required under section 1085 of title 10, the Secretary of Homeland 
Security shall make a prospective payment to the Secretary of Defense 
of an amount that represents the actuarial valuation of treatment or 
care--
            ``(1) that the Department of Defense shall provide to 
        members of the Coast Guard, former members of the Coast Guard, 
        and dependents of such members and former members (other than 
        former members and dependents of former members who are a 
        Medicare-eligible beneficiary or for whom the payment for 
        treatment or care is made from the Medicare-Eligible Retiree 
        Health Care Fund) at facilities under the jurisdiction of the 
        Department of Defense or a military department; and
            ``(2) for which a reimbursement would otherwise be made 
        under such section 1085.
    ``(b) Amount.--The amount of the prospective payment under 
subsection (a)--
            ``(1) shall be derived from amounts appropriated for the 
        operating expenses of the Coast Guard for treatment or care 
        provided to members of the Coast Guard and their dependents;
            ``(2) shall be derived from amounts appropriated for 
        retired pay for treatment or care provided to former members of 
        the Coast Guard and their dependents;
            ``(3) shall be determined under procedures established by 
        the Secretary of Defense;
            ``(4) shall be paid during the fiscal year in which 
        treatment or care is provided; and
            ``(5) shall be subject to adjustment or reconciliation, as 
        the Secretary of Homeland Security and the Secretary of Defense 
        jointly determine appropriate, during or promptly after such 
        fiscal year if the prospective payment is determined excessive 
        or insufficient based on the services actually provided.
    ``(c) No Prospective Payment When Service in Navy.--No prospective 
payment shall be made under this section for any period during which 
the Coast Guard operates as a service in the Navy.
    ``(d) Relationship to TRICARE.--This section may not be construed 
to require a payment for, or the prospective payment of an amount that 
represents the value of, treatment or care provided under any TRICARE 
program.''.
    (b) Clerical Amendment.--The analysis for chapter 13 of title 14, 
United States Code, is amended by adding at the end the following:

``520. Prospective payment of funds necessary to provide medical 
                            care.''.
    (c) Repeal.--Section 217 of the Coast Guard Authorization Act of 
2016 (Public Law 114-120) and the item relating to that section in the 
table of contents in section 2 of such Act, are repealed.

SEC. 503. TECHNICAL CORRECTIONS TO TITLE 46, UNITED STATES CODE.

    (a) In General.--Title 46, United States Code, is amended--
            (1) in section 4503(f)(2), by striking ``that'' after 
        ``necessary,''; and
            (2) in section 7510(c)--
                    (A) in paragraph (1)(D), by striking ``engine'' and 
                inserting ``engineer''; and
                    (B) in paragraph (9), by inserting a period after 
                ``App''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of the Coast Guard 
Authorization Act of 2015 (Public Law 114-120).

SEC. 504. COAST GUARD USE OF THE PRIBILOF ISLANDS.

    (a) In General.--Section 522(a)(1) of the Pribilof Island 
Transition Completion Act of 2015 (subtitle B of title V of Public Law 
114-120) is amended by striking ``Lots'' and inserting ``Not later than 
30 days after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2017, lots''.
    (b) Report.--Not later than 60 days after the date of the enactment 
of the Maritime Administration Authorization and Enhancement Act for 
Fiscal Year 2017, the Secretary of the department in which the Coast 
Guard is operating shall submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate, the Committee on Natural 
Resources of the House of Representatives, and the Committee on 
Transportation and Infrastructure of the House of Representatives that 
describes--
            (1) the Coast Guard's use of Tracts 43 and 39, located on 
        St. Paul Island, Alaska, since operation of the LORAN-C system 
        was terminated;
            (2) the Coast Guard's plans for using the tracts described 
        in paragraph (1) during fiscal years 2016, 2017, and 2018; and
            (3) the Coast Guard's plans for using the tracts described 
        in paragraph (1) and other facilities on St. Paul Island after 
        fiscal year 2018.

   TITLE VI--POLAR ICEBREAKER FLEET RECAPITALIZATION TRANSPARENCY ACT

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Polar Icebreaker Fleet 
Recapitalization Transparency Act''.

SEC. 602. DEFINITIONS.

    In this title:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives.
            (2) Secretary.--Except as otherwise specifically provided, 
        the term ``Secretary'' means the Secretary of the department in 
        which the Coast Guard is operating.

SEC. 603. POLAR ICEBREAKER RECAPITALIZATION PLAN.

    (a) Requirement.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary, in consultation with the 
Secretary of the Navy, shall submit to the appropriate committees of 
Congress, a detailed recapitalization plan to meet the 2013 Department 
of Homeland Security Mission Need Statement.
    (b) Contents.--The plan required under subsection (a) shall--
            (1) detail the number of heavy and medium polar icebreakers 
        required to meet Coast Guard statutory missions in the polar 
        regions;
            (2) identify the vessel specifications, capabilities, 
        systems, equipment, and other details required for the design 
        of heavy polar icebreakers capable of fulfilling the mission 
        requirements of the Coast Guard and the Navy, and the 
        requirements of other agencies and department of the United 
        States, as the Secretary determines appropriate;
            (3) list the specific appropriations required for the 
        acquisition of each icebreaker, for each fiscal year, until the 
        full fleet is recapitalized;
            (4) describe the potential savings of serial acquisition 
        for new polar class icebreakers, including specific schedule 
        and acquisition requirements needed to realize such savings;
            (5) describe any polar icebreaking capacity gaps that may 
        arise based on the current fleet and current procurement 
        outlook; and
            (6) describe any additional polar icebreaking capability 
        gaps due to any further delay in procurement schedules.

SEC. 604. GAO REPORT ICEBREAKING CAPABILITY IN THE UNITED STATES.

    (a) Requirement.--Not later than 6 months after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the appropriate committees of Congress a report on the 
current state of the United States Federal polar icebreaking fleet.
    (b) Contents.--The report required under subsection (a) shall 
include--
            (1) an analysis of the icebreaking assets in operation in 
        the United States and a description of the missions completed 
        by such assets;
            (2) an analysis of how such assets and the capabilities of 
        such assets are consistent, or inconsistent, with the polar 
        icebreaking mission requirements described in the 2013 
        Department of Homeland Security Mission Need Statement, the 
        Naval Operations Concept 2010, or other military and civilian 
        governmental missions in the United States;
            (3) an analysis of the gaps in icebreaking capability of 
        the United States based on the expected service life of the 
        fleet of United States icebreaking assets;
            (4) a list of countries that are allies of the United 
        States that have the icebreaking capacity to exercise missions 
        in the Arctic during any identified gap in United States 
        icebreaking capacity in a polar region; and
            (5) a description of the policy, financial, and other 
        barriers that have prevented timely recapitalization of the 
        Coast Guard polar icebreaking fleet and recommendations to 
        overcome such barriers, including potential international fee-
        based models used to compensate governments for icebreaking 
        escorts or maintenance of maritime routes.

   TITLE VII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION SEXUAL 
                 HARASSMENT AND ASSAULT PREVENTION ACT

SEC. 701. SHORT TITLE.

    This title may be cited as the ``National Oceanic and Atmospheric 
Administration Sexual Harassment and Assault Prevention Act''.

 Subtitle A--Sexual Harassment and Assault Prevention at the National 
                 Oceanic and Atmospheric Administration

SEC. 711. ACTIONS TO ADDRESS SEXUAL HARASSMENT AT NATIONAL OCEANIC AND 
              ATMOSPHERIC ADMINISTRATION.

    (a) Required Policy.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Commerce shall, acting through 
the Under Secretary for Oceans and Atmosphere, develop a policy on the 
prevention of and response to sexual harassment involving employees of 
the National Oceanic and Atmospheric Administration, members of the 
commissioned officer corps of the Administration, and individuals who 
work with or conduct business on behalf of the Administration.
    (b) Matters To Be Specified in Policy.--The policy developed under 
subsection (a) shall include--
            (1) establishment of a program to promote awareness of the 
        incidence of sexual harassment;
            (2) clear procedures an individual should follow in the 
        case of an occurrence of sexual harassment, including--
                    (A) a specification of the person or persons to 
                whom an alleged occurrence of sexual harassment should 
                be reported by an individual and options for 
                confidential reporting, including--
                            (i) options and contact information for 
                        after-hours contact; and
                            (ii) procedure for obtaining assistance and 
                        reporting sexual harassment while working in a 
                        remote scientific field camp, at sea, or in 
                        another field status; and
                    (B) a specification of any other person whom the 
                victim should contact;
            (3) establishment of a mechanism by which--
                    (A) questions regarding sexual harassment can be 
                confidentially asked and confidentially answered; and
                    (B) incidents of sexual harassment can be 
                confidentially reported; and
            (4) a prohibition on retaliation and consequences for 
        retaliatory actions.
    (c) Consultation and Assistance.--In developing the policy required 
by subsection (a), the Secretary may consult or receive assistance from 
such State, local, and national organizations and subject matter 
experts as the Secretary considers appropriate.
    (d) Availability of Policy.--The Secretary shall ensure that the 
policy developed under subsection (a) is available to--
            (1) all employees of the Administration and members of the 
        commissioned officer corps of the Administration, including 
        those employees and members who conduct field work for the 
        Administration; and
            (2) the public.
    (e) Geographic Distribution of Equal Employment Opportunity 
Personnel.--The Secretary shall ensure that at least 1 employee of the 
Administration who is tasked with handling matters relating to equal 
employment opportunity or sexual harassment is stationed--
            (1) in each region in which the Administration conducts 
        operations; and
            (2) in each marine and aviation center of the 
        Administration.
    (f) Quarterly Reports.--
            (1) In general.--Not less frequently than 4 times each 
        year, the Director of the Civil Rights Office of the 
        Administration shall submit to the Under Secretary a report on 
        sexual harassment in the Administration.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include the following:
                    (A) Number of sexual harassment cases, both 
                actionable and non-actionable, involving individuals 
                covered by the policy developed under subsection (a).
                    (B) Number of open actionable sexual harassment 
                cases and how long the cases have been open.
                    (C) Such trends or region specific issues as the 
                Director may have discovered with respect to sexual 
                harassment in the Administration.
                    (D) Such recommendations as the Director may have 
                with respect to sexual harassment in the 
                Administration.

SEC. 712. ACTIONS TO ADDRESS SEXUAL ASSAULT AT NATIONAL OCEANIC AND 
              ATMOSPHERIC ADMINISTRATION.

    (a) Comprehensive Policy on Prevention and Response to Sexual 
Assaults.--Not later than 1 year after the date of the enactment of 
this Act, the Secretary of Commerce shall, acting through the Under 
Secretary for Oceans and Atmosphere, develop a comprehensive policy on 
the prevention of and response to sexual assaults involving employees 
of the National Oceanic and Atmospheric Administration, members of the 
commissioned officer corps of the Administration, and individuals who 
work with or conduct business on behalf of the Administration.
    (b) Elements of Comprehensive Policy.--The comprehensive policy 
developed under subsection (a) shall, at minimum, address the following 
matters:
            (1) Prevention measures.
            (2) Education and training on prevention and response.
            (3) A list of support resources an individual may use in 
        the occurrence of sexual assault, including--
                    (A) options and contact information for after-hours 
                contact; and
                    (B) procedure for obtaining assistance and 
                reporting sexual assault while working in a remote 
                scientific field camp, at sea, or in another field 
                status.
            (4) Easy and ready availability of information described in 
        paragraph (3).
            (5) Establishing a mechanism by which--
                    (A) questions regarding sexual assault can be 
                confidentially asked and confidentially answered; and
                    (B) incidents of sexual assault can be 
                confidentially reported.
            (6) Protocols for the investigation of complaints by 
        command and law enforcement personnel.
            (7) Prohibiting retaliation and consequences for 
        retaliatory actions against someone who reports a sexual 
        assault.
            (8) Oversight by the Under Secretary of administrative and 
        disciplinary actions in response to substantial incidents of 
        sexual assault.
            (9) Victim advocacy, including establishment of and the 
        responsibilities and training requirements for victim advocates 
        as described in subsection (c).
            (10) Availability of resources for victims of sexual 
        assault within other Federal agencies and State, local, and 
        national organizations.
    (c) Victim Advocacy.--
            (1) In general.--The Secretary, acting through the Under 
        Secretary, shall establish victim advocates to advocate for 
        victims of sexual assaults involving employees of the 
        Administration, members of the commissioned officer corps of 
        the Administration, and individuals who work with or conduct 
        business on behalf of the Administration.
            (2) Victim advocates.--For purposes of this subsection, a 
        victim advocate is a permanent employee of the Administration 
        who--
                    (A) is trained in matters relating to sexual 
                assault and the comprehensive policy developed under 
                subsection (a); and
                    (B) serves as a victim advocate voluntarily and in 
                addition to the employee's other duties as an employee 
                of the Administration.
            (3) Primary duties.--The primary duties of a victim 
        advocate established under paragraph (1) shall include the 
        following:
                    (A) Supporting victims of sexual assault and 
                informing them of their rights and the resources 
                available to them as victims.
                    (B) Acting as a companion in navigating 
                investigative, medical, mental and emotional health, 
                and recovery processes relating to sexual assault.
                    (C) Helping to identify resources to ensure the 
                safety of victims of sexual assault.
            (4) Location.--The Secretary shall ensure that at least 1 
        victim advocate established under paragraph (1) is stationed--
                    (A) in each region in which the Administration 
                conducts operations; and
                    (B) in each marine and aviation center of the 
                Administration.
            (5) Hotline.--
                    (A) In general.--In carrying out this subsection, 
                the Secretary shall establish a telephone number at 
                which a victim of a sexual assault can contact a victim 
                advocate.
                    (B) 24-hour access.--The Secretary shall ensure 
                that the telephone number established under 
                subparagraph (A) is monitored at all times.
            (6) Formal relationships with other entities.--The 
        Secretary may enter into formal relationships with other 
        entities to make available additional victim advocates.
    (d) Availability of Policy.--The Secretary shall ensure that the 
policy developed under subsection (a) is available to--
            (1) all employees of the Administration and members of the 
        commissioned officer corps of the Administration, including 
        those employees and members who conduct field work for the 
        Administration; and
            (2) the public.
    (e) Consultation and Assistance.--In developing the policy required 
by subsection (a), the Secretary may consult or receive assistance from 
such State, local, and national organizations and subject matter 
experts as the Secretary considers appropriate.

SEC. 713. RIGHTS OF THE VICTIM OF A SEXUAL ASSAULT.

    A victim of a sexual assault covered by the comprehensive policy 
developed under section 712(a) has the right to be reasonably protected 
from the accused.

SEC. 714. CHANGE OF STATION.

    (a) Change of Station, Unit Transfer, or Change of Work Location of 
Victims.--
            (1) Timely consideration and action upon request.--The 
        Secretary of Commerce, acting through the Under Secretary for 
        Oceans and Atmosphere, shall--
                    (A) in the case of a member of the commissioned 
                officer corps of the National Oceanic and Atmospheric 
                Administration who was a victim of a sexual assault, in 
                order to reduce the possibility of retaliation or 
                further sexual assault, provide for timely 
                determination and action on an application submitted by 
                the victim for consideration of a change of station or 
                unit transfer of the victim; and
                    (B) in the case of an employee of the 
                Administration who was a victim of a sexual assault, to 
                the degree practicable and in order to reduce the 
                possibility of retaliation against the employee for 
                reporting the sexual assault, accommodate a request for 
                a change of work location of the victim.
            (2) Procedures.--
                    (A) Period for approval and disapproval.--The 
                Secretary, acting through the Under Secretary, shall 
                ensure that an application or request submitted under 
                paragraph (1) for a change of station, unit transfer, 
                or change of work location is approved or denied within 
                72 hours of the submission of the application or 
                request.
                    (B) Review.--If an application or request submitted 
                under paragraph (1) by a victim of a sexual assault for 
                a change of station, unit transfer, or change of work 
                location of the victim is denied--
                            (i) the victim may request the Secretary 
                        review the denial; and
                            (ii) the Secretary, acting through the 
                        Under Secretary, shall, not later than 72 hours 
                        after receiving such request, affirm or 
                        overturn the denial.
    (b) Change of Station, Unit Transfer, and Change of Work Location 
of Alleged Perpetrators.--
            (1) In general.--The Secretary, acting through the Under 
        Secretary, shall develop a policy for the protection of victims 
        of sexual assault described in subsection (a)(1) by providing 
        the alleged perpetrator of the sexual assault with a change of 
        station, unit transfer, or change of work location, as the case 
        may be, if the alleged perpetrator is a member of the 
        commissioned officer corps of the Administration or an employee 
        of the Administration.
            (2) Policy requirements.--The policy required by paragraph 
        (1) shall include the following:
                    (A) A means to control access to the victim.
                    (B) Due process for the victim and the alleged 
                perpetrator.
    (c) Regulations.--
            (1) In general.--The Secretary shall promulgate regulations 
        to carry out this section.
            (2) Consistency.--When practicable, the Secretary shall 
        make regulations promulgated under this section consistent with 
        similar regulations promulgated by the Secretary of Defense.

SEC. 715. APPLICABILITY OF POLICIES TO CREWS OF VESSELS SECURED BY 
              NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION UNDER 
              CONTRACT.

    The Under Secretary for Oceans and Atmosphere shall ensure that 
each contract into which the Under Secretary enters for the use of a 
vessel by the National Oceanic and Atmospheric Administration that 
covers the crew of the vessel, if any, shall include as a condition of 
the contract a provision that subjects such crew to the policy 
developed under section 711(a) and the comprehensive policy developed 
under section 712(a).

SEC. 716. ANNUAL REPORT ON SEXUAL ASSAULTS IN THE NATIONAL OCEANIC AND 
              ATMOSPHERIC ADMINISTRATION.

    (a) In General.--Not later than January 15 of each year, the 
Secretary of Commerce shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Natural 
Resources of the House of Representatives a report on the sexual 
assaults involving employees of the National Oceanic and Atmospheric 
Administration, members of the commissioned officer corps of the 
Administration, and individuals who work with or conduct business on 
behalf of the Administration.
    (b) Contents.--Each report submitted under subsection (a) shall 
include, with respect to the previous calendar year, the following:
            (1) The number of alleged sexual assaults involving 
        employees, members, and individuals described in subsection 
        (a).
            (2) A synopsis of each case and the disciplinary action 
        taken, if any, in each case.
            (3) The policies, procedures, and processes implemented by 
        the Secretary, and any updates or revisions to such policies, 
        procedures, and processes.
            (4) A summary of the reports received by the Under 
        Secretary for Oceans and Atmosphere under section 711(f).
    (c) Privacy Protection.--In preparing and submitting a report under 
subsection (a), the Secretary shall ensure that no individual involved 
in an alleged sexual assault can be identified by the contents of the 
report.

SEC. 717. DEFINITION.

    In this subtitle, the term ``sexual assault'' shall have the 
meaning given such term in section 40002(a) of the Violence Against 
Women Act of 1994 (42 U.S.C. 13925(a)).

  Subtitle B--Commissioned Officer Corps of the National Oceanic and 
                       Atmospheric Administration

SEC. 721. REFERENCES TO NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
              COMMISSIONED OFFICER CORPS ACT OF 2002.

    Except as otherwise expressly provided, whenever in this subtitle 
an amendment or repeal is expressed in terms of an amendment to, or 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the National 
Oceanic and Atmospheric Administration Commissioned Officer Corps Act 
of 2002 (33 U.S.C. 3001 et seq.).

                       PART I--GENERAL PROVISIONS

SEC. 722. STRENGTH AND DISTRIBUTION IN GRADE.

    Section 214 (33 U.S.C. 3004) is amended to read as follows:

``SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.

    ``(a) Grades.--The commissioned grades in the commissioned officer 
corps of the Administration are the following, in relative rank with 
officers of the Navy:
            ``(1) Vice admiral.
            ``(2) Rear admiral.
            ``(3) Rear admiral (lower half).
            ``(4) Captain.
            ``(5) Commander.
            ``(6) Lieutenant commander.
            ``(7) Lieutenant.
            ``(8) Lieutenant (junior grade).
            ``(9) Ensign.
    ``(b) Grade Distribution.--The Secretary shall prescribe, with 
respect to the distribution on the lineal list in grade, the 
percentages applicable to the grades set forth in subsection (a).
    ``(c) Annual Computation of Number in Grade.--
            ``(1) In general.--Not less frequently than once each year, 
        the Secretary shall make a computation to determine the number 
        of officers on the lineal list authorized to be serving in each 
        grade.
            ``(2) Method of computation.--The number in each grade 
        shall be computed by applying the applicable percentage to the 
        total number of such officers serving on active duty on the 
        date the computation is made.
            ``(3) Fractions.--If a final fraction occurs in computing 
        the authorized number of officers in a grade, the nearest whole 
        number shall be taken. If the fraction is \1/2\, the next 
        higher whole number shall be taken.
    ``(d) Temporary Increase in Numbers.--The total number of officers 
authorized by law to be on the lineal list during a fiscal year may be 
temporarily exceeded if the average number on that list during that 
fiscal year does not exceed the authorized number.
    ``(e) Positions of Importance and Responsibility.--Officers serving 
in positions designated under section 228(a) and officers recalled from 
retired status shall not be counted when computing authorized strengths 
under subsection (c) and shall not count against those strengths.
    ``(f) Preservation of Grade and Pay.--No officer may be reduced in 
grade or pay or separated from the commissioned officer corps of the 
Administration as the result of a computation made to determine the 
authorized number of officers in the various grades.''.

SEC. 723. RECALLED OFFICERS.

    Section 215 (33 U.S.C. 3005) is amended--
            (1) in the matter before paragraph (1), by striking 
        ``Effective'' and inserting the following:
    ``(a) In General.--Effective''; and
            (2) by adding at the end the following new subsection:
    ``(b) Positions of Importance and Responsibility.--Officers serving 
in positions designated under section 228 and officers recalled from 
retired status--
            ``(1) may not be counted in determining the total number of 
        authorized officers on the lineal list under this section; and
            ``(2) may not count against such number.''.

SEC. 724. OBLIGATED SERVICE REQUIREMENT.

    (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.) is amended by 
adding at the end the following:

``SEC. 216. OBLIGATED SERVICE REQUIREMENT.

    ``(a) In General.--
            ``(1) Rulemaking.--The Secretary shall prescribe the 
        obligated service requirements for appointments, training, 
        promotions, separations, continuations, and retirement of 
        officers not otherwise covered by law.
            ``(2) Written agreements.--The Secretary and officers shall 
        enter into written agreements that describe the officers' 
        obligated service requirements prescribed under paragraph (1) 
        in return for such appointments, training, promotions, 
        separations, and retirements as the Secretary considers 
        appropriate.
    ``(b) Repayment for Failure To Satisfy Requirements.--
            ``(1) In general.--The Secretary may require an officer who 
        fails to meet the service requirements prescribed under 
        subsection (a)(1) to reimburse the Secretary in an amount that 
        bears the same ratio to the total costs of the training 
        provided to that officer by the Secretary as the unserved 
        portion of active duty bears to the total period of active duty 
        the officer agreed to serve.
            ``(2) Obligation as debt to united states.--An obligation 
        to reimburse the Secretary under paragraph (1) shall be 
        considered for all purposes as a debt owed to the United 
        States.
            ``(3) Discharge in bankruptcy.--A discharge in bankruptcy 
        under title 11 that is entered less than 5 years after the 
        termination of a written agreement entered into under 
        subsection (a)(2) does not discharge the individual signing the 
        agreement from a debt arising under such agreement.
    ``(c) Waiver or Suspension of Compliance.--The Secretary may waive 
the service obligation of an officer who--
            ``(1) becomes unqualified to serve on active duty in the 
        commissioned officer corps of the Administration because of a 
        circumstance not within the control of that officer; or
            ``(2) is--
                    ``(A) not physically qualified for appointment; and
                    ``(B) determined to be unqualified for service in 
                the commissioned officer corps of the Administration 
                because of a physical or medical condition that was not 
                the result of the officer's own misconduct or grossly 
                negligent conduct.''.
    (b) Clerical Amendment.--The table of sections in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372) 
is amended by inserting after the item relating to section 215 the 
following:

``Sec. 216. Obligated service requirement.''.

SEC. 725. TRAINING AND PHYSICAL FITNESS.

    (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as amended by 
section 724(a), is further amended by adding at the end the following:

``SEC. 217. TRAINING AND PHYSICAL FITNESS.

    ``(a) Training.--The Secretary may take such measures as may be 
necessary to ensure that officers are prepared to carry out their 
duties in the commissioned officer corps of the Administration and 
proficient in the skills necessary to carry out such duties. Such 
measures may include the following:
            ``(1) Carrying out training programs and correspondence 
        courses, including establishing and operating a basic officer 
        training program to provide initial indoctrination and maritime 
        vocational training for officer candidates as well as refresher 
        training, mid-career training, aviation training, and such 
        other training as the Secretary considers necessary for officer 
        development and proficiency.
            ``(2) Providing officers and officer candidates with books 
        and school supplies.
            ``(3) Acquiring such equipment as may be necessary for 
        training and instructional purposes.
    ``(b) Physical Fitness.--The Secretary shall ensure that officers 
maintain a high physical state of readiness by establishing standards 
of physical fitness for officers that are substantially equivalent to 
those prescribed for officers in the Coast Guard.''.
    (b) Clerical Amendment.--The table of sections in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372), 
as amended by section 724(b), is further amended by inserting after the 
item relating to section 216 the following:

``Sec. 217. Training and physical fitness.''.

SEC. 726. RECRUITING MATERIALS.

    (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as amended by 
sections 724 and 725, is further amended by adding at the end the 
following:

``SEC. 218. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS.

    ``The Secretary may use for public relations purposes of the 
Department of Commerce any advertising materials developed for use for 
recruitment and retention of personnel for the commissioned officer 
corps of the Administration. Any such use shall be under such 
conditions and subject to such restrictions as the Secretary shall 
prescribe.''.
    (b) Clerical Amendment.--The table of sections in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372), 
as amended by section 725(b), is further amended by inserting after the 
item relating to section 217 the following:

``Sec. 218. Use of recruiting materials for public relations.''.

SEC. 727. CHARTER VESSEL SAFETY POLICY.

    (a) Policy Required.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Commerce shall, acting through 
the Under Secretary for Oceans and Atmosphere, develop and implement a 
charter vessel safety policy applicable to the acquisition by the 
National Oceanic and Atmospheric Administration of charter vessel 
services.
    (b) Elements.--The policy required by subsection (a) shall address 
vessel safety, operational safety, and basic personnel safety 
requirements applicable to the vessel size, type, and intended use. At 
a minimum, the policy shall include the following:
            (1) Basic vessel safety requirements that address 
        stability, egress, fire protection and lifesaving equipment, 
        hazardous materials, and pollution control.
            (2) Personnel safety requirements that address crew 
        qualifications, medical training and services, safety briefings 
        and drills, and crew habitability.
    (c) Limitation.--The Secretary shall ensure that the basic vessel 
safety requirements and personnel safety requirements included in the 
policy required by subsection (a)--
            (1) do not exceed the vessel safety requirements and 
        personnel safety requirements promulgated by the Secretary of 
        the department in which the Coast Guard is operating; and
            (2) to the degree practicable, are consistent with the 
        requirements described in paragraph (1).

SEC. 728. TECHNICAL CORRECTION.

    Section 101(21)(C) of title 38, United States Code, is amended by 
inserting ``in the commissioned officer corps'' before ``of the 
National''.

                    PART II--PARITY AND RECRUITMENT

SEC. 731. EDUCATION LOANS.

    (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is amended by 
adding at the end the following:

``SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM.

    ``(a) Authority To Repay Education Loans.--For the purpose of 
maintaining adequate numbers of officers of the commissioned officer 
corps of the Administration on active duty who have skills required by 
the commissioned officer corps, the Secretary may repay, in the case of 
a person described in subsection (b), a loan that--
            ``(1) was used by the person to finance education; and
            ``(2) was obtained from a governmental entity, private 
        financial institution, educational institution, or other 
        authorized entity.
    ``(b) Eligible Persons.--To be eligible to obtain a loan repayment 
under this section, a person must--
            ``(1) satisfy 1 of the requirements specified in subsection 
        (c);
            ``(2) be fully qualified for, or hold, an appointment as a 
        commissioned officer in the commissioned officer corps of the 
        Administration; and
            ``(3) sign a written agreement to serve on active duty, or, 
        if on active duty, to remain on active duty for a period in 
        addition to any other incurred active duty obligation.
    ``(c) Academic and Professional Requirements.--One of the following 
academic requirements must be satisfied for purposes of determining the 
eligibility of an individual for a loan repayment under this section:
            ``(1) The person is fully qualified in a profession that 
        the Secretary has determined to be necessary to meet identified 
        skill shortages in the commissioned officer corps.
            ``(2) The person is enrolled as a full-time student in the 
        final year of a course of study at an accredited educational 
        institution (as determined by the Secretary of Education) 
        leading to a degree in a profession that will meet identified 
        skill shortages in the commissioned officer corps.
    ``(d) Loan Repayments.--
            ``(1) In general.--Subject to the limits established under 
        paragraph (2), a loan repayment under this section may consist 
        of the payment of the principal, interest, and related expenses 
        of a loan obtained by a person described in subsection (b).
            ``(2) Limitation on amount.--For each year of obligated 
        service that a person agrees to serve in an agreement described 
        in subsection (b)(3), the Secretary may pay not more than the 
        amount specified in section 2173(e)(2) of title 10, United 
        States Code.
    ``(e) Active Duty Service Obligation.--
            ``(1) In general.--A person entering into an agreement 
        described in subsection (b)(3) incurs an active duty service 
        obligation.
            ``(2) Length of obligation determined under regulations.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the length of the obligation under 
                paragraph (1) shall be determined under regulations 
                prescribed by the Secretary.
                    ``(B) Minimum obligation.--The regulations 
                prescribed under subparagraph (A) may not provide for a 
                period of obligation of less than 1 year for each 
                maximum annual amount, or portion thereof, paid on 
                behalf of the person for qualified loans.
            ``(3) Persons on active duty before entering into 
        agreement.--The active duty service obligation of persons on 
        active duty before entering into the agreement shall be served 
        after the conclusion of any other obligation incurred under the 
        agreement.
    ``(f) Effect of Failure To Complete Obligation.--
            ``(1) Alternative obligations.--An officer who is relieved 
        of the officer's active duty obligation under this section 
        before the completion of that obligation may be given any 
        alternative obligation, at the discretion of the Secretary.
            ``(2) Repayment.--An officer who does not complete the 
        period of active duty specified in the agreement entered into 
        under subsection (b)(3), or the alternative obligation imposed 
        under paragraph (1), shall be subject to the repayment 
        provisions under section 216.
    ``(g) Rulemaking.--The Secretary shall prescribe regulations to 
carry out this section, including--
            ``(1) standards for qualified loans and authorized payees; 
        and
            ``(2) other terms and conditions for the making of loan 
        repayments.''.
    (b) Clerical Amendment.--The table of sections in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372) 
is amended by inserting after the item relating to section 266 the 
following:

``Sec. 267. Education loan repayment program.''.

SEC. 732. INTEREST PAYMENTS.

    (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as amended by 
section 731(a), is further amended by adding at the end the following:

``SEC. 268. INTEREST PAYMENT PROGRAM.

    ``(a) Authority.--The Secretary may pay the interest and any 
special allowances that accrue on 1 or more student loans of an 
eligible officer, in accordance with this section.
    ``(b) Eligible Officers.--An officer is eligible for the benefit 
described in subsection (a) while the officer--
            ``(1) is serving on active duty;
            ``(2) has not completed more than 3 years of service on 
        active duty;
            ``(3) is the debtor on 1 or more unpaid loans described in 
        subsection (c); and
            ``(4) is not in default on any such loan.
    ``(c) Student Loans.--The authority to make payments under 
subsection (a) may be exercised with respect to the following loans:
            ``(1) A loan made, insured, or guaranteed under part B of 
        title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et 
        seq.).
            ``(2) A loan made under part D of such title (20 U.S.C. 
        1087a et seq.).
            ``(3) A loan made under part E of such title (20 U.S.C. 
        1087aa et seq.).
    ``(d) Maximum Benefit.--Interest and any special allowance may be 
paid on behalf of an officer under this section for any of the 36 
consecutive months during which the officer is eligible under 
subsection (b).
    ``(e) Funds for Payments.--The Secretary may use amounts 
appropriated for the pay and allowances of personnel of the 
commissioned officer corps of the Administration for payments under 
this section.
    ``(f) Coordination With Secretary of Education.--
            ``(1) In general.--The Secretary shall consult with the 
        Secretary of Education regarding the administration of this 
        section.
            ``(2) Transfer of funds.--The Secretary shall transfer to 
        the Secretary of Education the funds necessary--
                    ``(A) to pay interest and special allowances on 
                student loans under this section (in accordance with 
                sections 428(o), 455(l), and 464(j) of the Higher 
                Education Act of 1965 (20 U.S.C. 1078(o), 1087e(l), and 
                1087dd(j)); and
                    ``(B) to reimburse the Secretary of Education for 
                any reasonable administrative costs incurred by the 
                Secretary in coordinating the program under this 
                section with the administration of the student loan 
                programs under parts B, D, and E of title IV of the 
                Higher Education Act of 1965 (20 U.S.C. 1071 et seq., 
                1087a et seq., 1087aa et seq.).
    ``(g) Special Allowance Defined.--In this section, the term 
`special allowance' means a special allowance that is payable under 
section 438 of the Higher Education Act of 1965 (20 U.S.C. 1087-1).''.
    (b) Conforming Amendments.--
            (1) Section 428(o) of the Higher Education Act of 1965 (20 
        U.S.C. 1078(o)) is amended--
                    (A) by striking the subsection heading and 
                inserting ``Armed Forces and NOAA Commissioned Officer 
                Corps Student Loan Interest Payment Programs''; and
                    (B) in paragraph (1)--
                            (i) by inserting ``or section 264 of the 
                        National Oceanic and Atmospheric Administration 
                        Commissioned Officer Corps Act of 2002'' after 
                        ``Code,''; and
                            (ii) by inserting ``or an officer in the 
                        commissioned officer corps of the National 
                        Oceanic and Atmospheric Administration, 
                        respectively,'' after ``Armed Forces''.
            (2) Sections 455(l) and 464(j) of the Higher Education Act 
        of 1965 (20 U.S.C. 1087e(l) and 1087dd(j)) are each amended--
                    (A) by striking the subsection heading and 
                inserting ``Armed Forces and NOAA Commissioned Officer 
                Corps Student Loan Interest Payment Programs''; and
                    (B) in paragraph (1)--
                            (i) by inserting ``or section 264 of the 
                        National Oceanic and Atmospheric Administration 
                        Commissioned Officer Corps Act of 2002'' after 
                        ``Code,''; and
                            (ii) by inserting ``or an officer in the 
                        commissioned officer corps of the National 
                        Oceanic and Atmospheric Administration, 
                        respectively'' after ``Armed Forces''.
    (c) Clerical Amendment.--The table of sections in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372), 
as amended by section 731(b), is further amended by inserting after the 
item relating to section 267 the following:

``Sec. 268. Interest payment program.''.

SEC. 733. STUDENT PRE-COMMISSIONING PROGRAM.

    (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as amended by 
section 732(a), is further amended by adding at the end the following:

``SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION ASSISTANCE PROGRAM.

    ``(a) Authority To Provide Financial Assistance.--For the purpose 
of maintaining adequate numbers of officers of the commissioned officer 
corps of the Administration on active duty, the Secretary may provide 
financial assistance to a person described in subsection (b) for 
expenses of the person while the person is pursuing on a full-time 
basis at an accredited educational institution (as determined by the 
Secretary of Education) a program of education approved by the 
Secretary that leads to--
            ``(1) a baccalaureate degree in not more than 5 academic 
        years; or
            ``(2) a postbaccalaureate degree.
    ``(b) Eligible Persons.--
            ``(1) In general.--A person is eligible to obtain financial 
        assistance under subsection (a) if the person--
                    ``(A) is enrolled on a full-time basis in a program 
                of education referred to in subsection (a) at any 
                educational institution described in such subsection;
                    ``(B) meets all of the requirements for acceptance 
                into the commissioned officer corps of the 
                Administration except for the completion of a 
                baccalaureate degree; and
                    ``(C) enters into a written agreement with the 
                Secretary described in paragraph (2).
            ``(2) Agreement.--A written agreement referred to in 
        paragraph (1)(C) is an agreement between the person and the 
        Secretary in which the person agrees--
                    ``(A) to accept an appointment as an officer, if 
                tendered; and
                    ``(B) upon completion of the person's educational 
                program, agrees to serve on active duty, immediately 
                after appointment, for--
                            ``(i) up to 3 years if the person received 
                        less than 3 years of assistance; and
                            ``(ii) up to 5 years if the person received 
                        at least 3 years of assistance.
    ``(c) Qualifying Expenses.--Expenses for which financial assistance 
may be provided under subsection (a) are the following:
            ``(1) Tuition and fees charged by the educational 
        institution involved.
            ``(2) The cost of books.
            ``(3) In the case of a program of education leading to a 
        baccalaureate degree, laboratory expenses.
            ``(4) Such other expenses as the Secretary considers 
        appropriate.
    ``(d) Limitation on Amount.--The Secretary shall prescribe the 
amount of financial assistance provided to a person under subsection 
(a), which may not exceed the amount specified in section 2173(e)(2) of 
title 10, United States Code, for each year of obligated service that a 
person agrees to serve in an agreement described in subsection (b)(2).
    ``(e) Duration of Assistance.--Financial assistance may be provided 
to a person under subsection (a) for not more than 5 consecutive 
academic years.
    ``(f) Subsistence Allowance.--
            ``(1) In general.--A person who receives financial 
        assistance under subsection (a) shall be entitled to a monthly 
        subsistence allowance at a rate prescribed under paragraph (2) 
        for the duration of the period for which the person receives 
        such financial assistance.
            ``(2) Determination of amount.--The Secretary shall 
        prescribe monthly rates for subsistence allowance provided 
        under paragraph (1), which shall be equal to the amount 
        specified in section 2144(a) of title 10, United States Code.
    ``(g) Initial Clothing Allowance.--
            ``(1) Training.--The Secretary may prescribe a sum which 
        shall be credited to each person who receives financial 
        assistance under subsection (a) to cover the cost of the 
        person's initial clothing and equipment issue.
            ``(2) Appointment.--Upon completion of the program of 
        education for which a person receives financial assistance 
        under subsection (a) and acceptance of appointment in the 
        commissioned officer corps of the Administration, the person 
        may be issued a subsequent clothing allowance equivalent to 
        that normally provided to a newly appointed officer.
    ``(h) Termination of Financial Assistance.--
            ``(1) In general.--The Secretary shall terminate the 
        assistance provided to a person under this section if--
                    ``(A) the Secretary accepts a request by the person 
                to be released from an agreement described in 
                subsection (b)(2);
                    ``(B) the misconduct of the person results in a 
                failure to complete the period of active duty required 
                under the agreement; or
                    ``(C) the person fails to fulfill any term or 
                condition of the agreement.
            ``(2) Reimbursement.--The Secretary may require a person 
        who receives assistance described in subsection (c), (f), or 
        (g) under an agreement entered into under subsection (b)(1)(C) 
        to reimburse the Secretary in an amount that bears the same 
        ratio to the total costs of the assistance provided to that 
        person as the unserved portion of active duty bears to the 
        total period of active duty the officer agreed to serve under 
        the agreement.
            ``(3) Waiver.--The Secretary may waive the service 
        obligation of a person through an agreement entered into under 
        subsection (b)(1)(C) if the person--
                    ``(A) becomes unqualified to serve on active duty 
                in the commissioned officer corps of the Administration 
                because of a circumstance not within the control of 
                that person; or
                    ``(B) is--
                            ``(i) not physically qualified for 
                        appointment; and
                            ``(ii) determined to be unqualified for 
                        service in the commissioned officer corps of 
                        the Administration because of a physical or 
                        medical condition that was not the result of 
                        the person's own misconduct or grossly 
                        negligent conduct.
            ``(4) Obligation as debt to united states.--An obligation 
        to reimburse the Secretary imposed under paragraph (2) is, for 
        all purposes, a debt owed to the United States.
            ``(5) Discharge in bankruptcy.--A discharge in bankruptcy 
        under title 11, United States Code, that is entered less than 5 
        years after the termination of a written agreement entered into 
        under subsection (b)(1)(C) does not discharge the person 
        signing the agreement from a debt arising under such agreement 
        or under paragraph (2).
    ``(i) Regulations.--The Secretary may promulgate such regulations 
and orders as the Secretary considers appropriate to carry out this 
section.''.
    (b) Clerical Amendment.--The table of sections in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372), 
as amended by section 732(c), is further amended by inserting after the 
item relating to section 268 the following:

``Sec. 269. Student pre-commissioning education assistance program.''.

SEC. 734. LIMITATION ON EDUCATIONAL ASSISTANCE.

    (a) In General.--Each fiscal year, beginning with fiscal year 2013, 
the Secretary of Commerce shall ensure that the total amount expended 
by the Secretary under section 267 of the National Oceanic and 
Atmospheric Administration Commissioned Officer Corps Act of 2002 (as 
added by section 731(a)), section 268 of such Act (as added by section 
732(a)), and section 269 of such Act (as added by section 733(a)) does 
not exceed the amount by which--
            (1) the total amount the Secretary would pay in that fiscal 
        year to officer candidates under section 203(f)(1) of title 37, 
        United States Code (as added by section 756(d)), if such 
        section entitled officers candidates to pay at monthly rates 
        equal to the basic pay of a commissioned officer in the pay 
        grade O-1 with less than 2 years of service; exceeds
            (2) the total amount the Secretary actually pays in that 
        fiscal year to officer candidates under section 203(f)(1) of 
        such title (as so added).
    (b) Officer Candidate Defined.--In this section, the term ``officer 
candidate'' has the meaning given the term in section 212 of the 
National Oceanic and Atmospheric Administration Commissioned Officer 
Corps Act of 2002 (33 U.S.C. 3002), as added by section 756(c).

SEC. 735. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, UNITED 
              STATES CODE, AND EXTENSION OF CERTAIN AUTHORITIES 
              APPLICABLE TO MEMBERS OF THE ARMED FORCES TO COMMISSIONED 
              OFFICER CORPS.

    (a) Applicability of Certain Provisions of Title 10.--Section 
261(a) (33 U.S.C. 3071(a)) is amended--
            (1) by redesignating paragraphs (13) through (16) as 
        paragraphs (20) through (23), respectively;
            (2) by redesignating paragraphs (7) through (12) as 
        paragraphs (12) through (17), respectively;
            (3) by redesignating paragraphs (4) through (6) as 
        paragraphs (8) through (10), respectively;
            (4) by inserting after paragraph (3) the following:
            ``(4) Section 771, relating to unauthorized wearing of 
        uniforms.
            ``(5) Section 774, relating to wearing religious apparel 
        while in uniform.
            ``(6) Section 982, relating to service on State and local 
        juries.
            ``(7) Section 1031, relating to administration of oaths.'';
            (5) by inserting after paragraph (10), as redesignated, the 
        following:
            ``(11) Chapter 58, relating to the Benefits and Services 
        for members being separated or recently separated.''; and
            (6) by inserting after paragraph (17), as redesignated, the 
        following:
            ``(18) Subchapter I of chapter 88, relating to Military 
        Family Programs.
            ``(19) Section 2005, relating to advanced education 
        assistance, active duty agreements, and reimbursement 
        requirements.''.
    (b) Extension of Certain Authorities.--
            (1) Notarial services.--Section 1044a of title 10, United 
        States Code, is amended--
                    (A) in subsection (a)(1), by striking ``armed 
                forces'' and inserting ``uniformed services''; and
                    (B) in subsection (b)(4), by striking ``armed 
                forces'' both places it appears and inserting 
                ``uniformed services''.
            (2) Acceptance of voluntary services for programs serving 
        members and their families.--Section 1588 of such title is 
        amended--
                    (A) in subsection (a)(3), by striking ``armed 
                forces'' and inserting ``uniformed services''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(g) Secretary Concerned for Acceptance of Services for Programs 
Serving Members of NOAA and Their Families.--For purposes of the 
acceptance of services described in subsection (a)(3), the term 
`Secretary concerned' in subsection (a) shall include the Secretary of 
Commerce with respect to members of the National Oceanic and 
Atmospheric Administration.''.
            (3) Capstone course for newly selected flag officers.--
        Section 2153 of such title is amended--
                    (A) in subsection (a)--
                            (i) by inserting ``or the commissioned 
                        corps of the National Oceanic and Atmospheric 
                        Administration'' after ``in the case of the 
                        Navy''; and
                            (ii) by striking ``other armed forces'' and 
                        inserting ``other uniformed services''; and
                    (B) in subsection (b)(1), by inserting ``or the 
                Secretary of Commerce, as applicable,'' after ``the 
                Secretary of Defense''.

SEC. 736. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, UNITED 
              STATES CODE.

    (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is amended by 
inserting after section 261 the following:

``SEC. 261A. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, UNITED 
              STATES CODE.

    ``(a) Provisions Made Applicable To Commissioned Officer Corps.--
The provisions of law applicable to the Armed Forces under the 
following provisions of title 37, United States Code, shall apply to 
the commissioned officer corps of the Administration:
            ``(1) Section 324, relating to accession bonuses for new 
        officers in critical skills.
            ``(2) Section 403(f)(3), relating to prescribing 
        regulations defining the terms `field duty' and `sea duty'.
            ``(3) Section 403(l), relating to temporary continuation of 
        housing allowance for dependents of members dying on active 
        duty.
            ``(4) Section 414(a)(2), relating to personal money 
        allowance while serving as Director of the National Oceanic and 
        Atmospheric Administration Commissioned Officer Corps.
            ``(5) Section 488, relating to allowances for recruiting 
        expenses.
            ``(6) Section 495, relating to allowances for funeral 
        honors duty.
    ``(b) References.--The authority vested by title 37, United States 
Code, in the `military departments', `the Secretary concerned', or `the 
Secretary of Defense' with respect to the provisions of law referred to 
in subsection (a) shall be exercised, with respect to the commissioned 
officer corps of the Administration, by the Secretary of Commerce or 
the Secretary's designee.''.
    (b) Clerical Amendment.--The table of sections in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372) 
is amended by inserting after the item relating to section 261 the 
following:

``Sec. 261A. Applicability of certain provisions of title 37, United 
                            States Code.''.

SEC. 737. LEGION OF MERIT AWARD.

    Section 1121 of title 10, United States Code, is amended by 
striking ``armed forces'' and inserting ``uniformed services''.

SEC. 738. PROHIBITION ON RETALIATORY PERSONNEL ACTIONS.

    (a) In General.--Subsection (a) of section 261 (33 U.S.C. 3071), as 
amended by section 735, is further amended--
            (1) by redesignating paragraphs (8) through (23) as 
        paragraphs (9) through (24), respectively; and
            (2) by inserting after paragraph (7) the following:
            ``(8) Section 1034, relating to protected communications 
        and prohibition of retaliatory personnel actions.''.
    (b) Conforming Amendment.--Subsection (b) of such section is 
amended by adding at the end the following: ``For purposes of paragraph 
(8) of subsection (a), the term `Inspector General' in section 1034 of 
such title 10 shall mean the Inspector General of the Department of 
Commerce.''.
    (c) Regulations.--Such section is further amended by adding at the 
end the following:
    ``(c) Regulations Regarding Protected Communications and 
Prohibition of Retaliatory Personnel Actions.--The Secretary may 
promulgate regulations to carry out the application of section 1034 of 
title 10, United States Code, to the commissioned officer corps of the 
Administration, including by promulgating such administrative 
procedures for investigation and appeal within the commissioned officer 
corps as the Secretary considers appropriate.''.

SEC. 739. PENALTIES FOR WEARING UNIFORM WITHOUT AUTHORITY.

    Section 702 of title 18, United States Code, is amended by striking 
``Service or any'' and inserting ``Service, the commissioned officer 
corps of the National Oceanic and Atmospheric Administration, or any''.

SEC. 740. APPLICATION OF CERTAIN PROVISIONS OF COMPETITIVE SERVICE LAW.

    Section 3304(f) of title 5, United States Code, is amended--
            (1) in paragraph (1), by inserting ``and members of the 
        commissioned officer corps of the National Oceanic and 
        Atmospheric Administration (or its predecessor organization the 
        Coast and Geodetic Survey) separated from such uniformed 
        service'' after ``separated from the armed forces'';
            (2) in paragraph (2), by striking ``or veteran'' and 
        inserting ``, veteran, or member''; and
            (3) in paragraph (4), by inserting ``and members of the 
        commissioned officer corps of the National Oceanic and 
        Atmospheric Administration (or its predecessor organization the 
        Coast and Geodetic Survey) separated from such uniformed 
        service'' after ``separated from the armed forces''.

SEC. 741. EMPLOYMENT AND REEMPLOYMENT RIGHTS.

    Section 4303(16) of title 38, United States Code, is amended by 
inserting ``the commissioned officer corps of the National Oceanic and 
Atmospheric Administration,'' after ``Public Health Service,''.

SEC. 742. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER CORPS FOR 
              PURPOSES OF CERTAIN HIRING DECISIONS.

    (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as amended by 
this subtitle, is further amended by adding at the end the following:

``SEC. 269A. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER CORPS AS 
              EMPLOYMENT IN ADMINISTRATION FOR PURPOSES OF CERTAIN 
              HIRING DECISIONS.

    ``(a) In General.--In any case in which the Secretary accepts an 
application for a position of employment with the Administration and 
limits consideration of applications for such position to applications 
submitted by individuals serving in a career or career-conditional 
position in the competitive service within the Administration, the 
Secretary shall deem an officer who has served as an officer in the 
commissioned officer corps for at least 3 years to be serving in a 
career or career-conditional position in the competitive service within 
the Administration for purposes of such limitation.
    ``(b) Career Appointments.--If the Secretary selects an application 
submitted by an officer described in subsection (a) for a position 
described in such subsection, the Secretary shall give such officer a 
career or career-conditional appointment in the competitive service, as 
appropriate.
    ``(c) Competitive Service Defined.--In this section, the term 
`competitive service' has the meaning given the term in section 2102 of 
title 5, United States Code.''.
    (b) Clerical Amendment.--The table of sections in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372) 
is amended by inserting after the item relating to section 269, as 
added by this subtitle, the following:

``Sec. 269A. Treatment of commission in commissioned officer corps as 
                            employment in Administration for purposes 
                            of certain hiring decisions.''.

SEC. 743. DIRECT HIRE AUTHORITY.

    (a) In General.--The head of a Federal agency may appoint, without 
regard to the provisions of subchapter I of chapter 33 of title 5, 
United States Code, other than sections 3303 and 3328 of such title, a 
qualified candidate described subsection (b) directly to a position in 
the agency for which the candidate meets qualification standards of the 
Office of Personnel Management.
    (b) Candidates Described.--A candidate described in this subsection 
is a current or former member of the commissioned officer corps of the 
National Oceanic and Atmospheric Administration who--
            (1) fulfilled his or her obligated service requirement 
        under section 216 of the National Oceanic and Atmospheric 
        Administration Commissioned Officer Corps Act of 2002, as added 
        by section 724;
            (2) if no longer a member of the commissioned officer corps 
        of the Administration, was not discharged or released therefrom 
        as part of a disciplinary action; and
            (3) has been separated or released from service in the 
        commissioned officer corps of the Administration for a period 
        of not more than 5 years.
    (c) Effective Date.--This section shall apply with respect to 
appointments made in fiscal year 2016 and in each fiscal year 
thereafter.

            PART III--APPOINTMENTS AND PROMOTION OF OFFICERS

SEC. 751. APPOINTMENTS.

    (a) Original Appointments.--
            (1) In general.--Section 221 (33 U.S.C. 3021) is amended to 
        read as follows:

``SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINTMENTS.

    ``(a) Original Appointments.--
            ``(1) Grades.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), an original appointment of an officer 
                may be made in such grades as may be appropriate for--
                            ``(i) the qualification, experience, and 
                        length of service of the appointee; and
                            ``(ii) the commissioned officer corps of 
                        the Administration.
                    ``(B) Appointment of officer candidates.--
                            ``(i) Limitation on grade.--An original 
                        appointment of an officer candidate, upon 
                        graduation from the basic officer training 
                        program of the commissioned officer corps of 
                        the Administration, may not be made in any 
                        other grade than ensign.
                            ``(ii) Rank.--Officer candidates receiving 
                        appointments as ensigns upon graduation from 
                        basic officer training program shall take rank 
                        according to their proficiency as shown by the 
                        order of their merit at date of graduation.
            ``(2) Source of appointments.--An original appointment may 
        be made from among the following:
                    ``(A) Graduates of the basic officer training 
                program of the commissioned officer corps of the 
                Administration.
                    ``(B) Graduates of the military service academies 
                of the United States who otherwise meet the academic 
                standards for enrollment in the training program 
                described in subparagraph (A).
                    ``(C) Graduates of the maritime academies of the 
                States who--
                            ``(i) otherwise meet the academic standards 
                        for enrollment in the training program 
                        described in subparagraph (A);
                            ``(ii) completed at least 3 years of 
                        regimented training while at a maritime academy 
                        of a State; and
                            ``(iii) obtained an unlimited tonnage or 
                        unlimited horsepower Merchant Mariner 
                        Credential from the United States Coast Guard.
                    ``(D) Licensed officers of the United States 
                merchant marine who have served 2 or more years aboard 
                a vessel of the United States in the capacity of a 
                licensed officer, who otherwise meet the academic 
                standards for enrollment in the training program 
                described in subparagraph (A).
            ``(3) Definitions.--In this subsection:
                    ``(A) Maritime academies of the states.--The term 
                `maritime academies of the States' means the following:
                            ``(i) California Maritime Academy, Vallejo, 
                        California.
                            ``(ii) Great Lakes Maritime Academy, 
                        Traverse City, Michigan.
                            ``(iii) Maine Maritime Academy, Castine, 
                        Maine.
                            ``(iv) Massachusetts Maritime Academy, 
                        Buzzards Bay, Massachusetts.
                            ``(v) State University of New York Maritime 
                        College, Fort Schuyler, New York.
                            ``(vi) Texas A&M Maritime Academy, 
                        Galveston, Texas.
                    ``(B) Military service academies of the united 
                states.--The term `military service academies of the 
                United States' means the following:
                            ``(i) The United States Military Academy, 
                        West Point, New York.
                            ``(ii) The United States Naval Academy, 
                        Annapolis, Maryland.
                            ``(iii) The United States Air Force 
                        Academy, Colorado Springs, Colorado.
                            ``(iv) The United States Coast Guard 
                        Academy, New London, Connecticut.
                            ``(v) The United States Merchant Marine 
                        Academy, Kings Point, New York.
    ``(b) Reappointment.--
            ``(1) In general.--Except as provided in paragraph (2), an 
        individual who previously served in the commissioned officer 
        corps of the Administration may be appointed by the Secretary 
        to the grade the individual held prior to separation.
            ``(2) Reappointments to higher grades.--An appointment 
        under paragraph (1) to a position of importance and 
        responsibility designated under section 228 may only be made by 
        the President.
    ``(c) Qualifications.--An appointment under subsection (a) or (b) 
may not be given to an individual until the individual's mental, moral, 
physical, and professional fitness to perform the duties of an officer 
has been established under such regulations as the Secretary shall 
prescribe.
    ``(d) Precedence of Appointees.--Appointees under this section 
shall take precedence in the grade to which appointed in accordance 
with the dates of their commissions as commissioned officers in such 
grade. Appointees whose dates of commission are the same shall take 
precedence with each other as the Secretary shall determine.
    ``(e) Inter-Service Transfers.--For inter-service transfers (as 
described in the Department of Defense Directive 1300.4 (dated December 
27, 2006)) the Secretary shall--
            ``(1) coordinate with the Secretary of Defense and the 
        Secretary of the Department in which the Coast Guard is 
        operating to promote and streamline inter-service transfers;
            ``(2) give preference to such inter-service transfers for 
        recruitment purposes as determined appropriate by the 
        Secretary; and
            ``(3) reappoint such inter-service transfers to the 
        equivalent grade in the commissioned officer corps.''.
            (2) Clerical amendment.--The table of sections in section 1 
        of the Act entitled ``An Act to authorize the Hydrographic 
        Services Improvement Act of 1998, and for other purposes'' 
        (Public Law 107-372) is amended by striking the item relating 
        to section 221 and inserting the following:

``Sec. 221. Original appointments and reappointments.''.

SEC. 752. PERSONNEL BOARDS.

    Section 222 (33 U.S.C. 3022) is amended to read as follows:

``SEC. 222. PERSONNEL BOARDS.

    ``(a) Convening.--Not less frequently than once each year and at 
such other times as the Secretary determines necessary, the Secretary 
shall convene a personnel board.
    ``(b) Membership.--
            ``(1) In general.--A board convened under subsection (a) 
        shall consist of 5 or more officers who are serving in or above 
        the permanent grade of the officers under consideration by the 
        board.
            ``(2) Retired officers.--Officers on the retired list may 
        be recalled to serve on such personnel boards as the Secretary 
        considers necessary.
            ``(3) No membership on 2 successive boards.--No officer may 
        be a member of 2 successive personnel boards convened to 
        consider officers of the same grade for promotion or 
        separation.
    ``(c) Duties.--Each personnel board shall--
            ``(1) recommend to the Secretary such changes as may be 
        necessary to correct any erroneous position on the lineal list 
        that was caused by administrative error; and
            ``(2) make selections and recommendations to the Secretary 
        and the President for the appointment, promotion, involuntary 
        separation, continuation, and involuntary retirement of 
        officers in the commissioned officer corps of the 
        Administration as prescribed in this title.
    ``(d) Action on Recommendations Not Acceptable.--If any 
recommendation by a board convened under subsection (a) is not accepted 
by the Secretary or the President, the board shall make such further 
recommendations as the Secretary or the President considers 
appropriate.''.

SEC. 753. DELEGATION OF AUTHORITY.

    Section 226 (33 U.S.C. 3026) is amended--
            (1) by striking ``Appointments'' and inserting the 
        following:
    ``(a) In General.--Appointments''; and
            (2) by adding at the end the following:
    ``(b) Delegation of Appointment Authority.--If the President 
delegates authority to the Secretary to make appointments under this 
section, the President shall, during a period in which the position of 
the Secretary is vacant, delegate such authority to the Deputy 
Secretary of Commerce or the Under Secretary for Oceans and Atmosphere 
during such period.''.

SEC. 754. ASSISTANT ADMINISTRATOR OF THE OFFICE OF MARINE AND AVIATION 
              OPERATIONS.

    Section 228(c) (33 U.S.C. 3028(c)) is amended--
            (1) in the fourth sentence, by striking ``Director'' and 
        inserting ``Assistant Administrator''; and
            (2) in the heading, by inserting ``Assistant Administrator 
        of the'' before ``Office''.

SEC. 755. TEMPORARY APPOINTMENTS.

    (a) In General.--Section 229 (33 U.S.C. 3029) is amended to read as 
follows:

``SEC. 229. TEMPORARY APPOINTMENTS.

    ``(a) Appointments by President.--Temporary appointments in the 
grade of ensign, lieutenant junior grade, or lieutenant may be made by 
the President.
    ``(b) Termination.--A temporary appointment to a position under 
subsection (a) shall terminate upon approval of a permanent appointment 
for such position made by the President.
    ``(c) Order of Precedence.--Appointees under subsection (a) shall 
take precedence in the grade to which appointed in accordance with the 
dates of their appointments as officers in such grade. The order of 
precedence of appointees who are appointed on the same date shall be 
determined by the Secretary.
    ``(d) Any One Grade.--When determined by the Secretary to be in the 
best interest of the commissioned officer corps, officers in any 
permanent grade may be temporarily promoted one grade by the President. 
Any such temporary promotion terminates upon the transfer of the 
officer to a new assignment.
    ``(e) Delegation of Appointment Authority.--If the President 
delegates authority to the Secretary to make appointments under this 
section, the President shall, during a period in which the position of 
the Secretary is vacant, delegate such authority to the Deputy 
Secretary of Commerce or the Under Secretary for Oceans and Atmosphere 
during such period.''.
    (b) Clerical Amendment.--The table of sections in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372) 
is amended by striking the item relating to section 229 and inserting 
the following:

``Sec. 229. Temporary appointments.''.

SEC. 756. OFFICER CANDIDATES.

    (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.) is amended by 
adding at the end the following:

``SEC. 234. OFFICER CANDIDATES.

    ``(a) Determination of Number.--The Secretary shall determine the 
number of appointments of officer candidates.
    ``(b) Appointment.--Appointment of officer candidates shall be made 
under regulations which the Secretary shall prescribe, including 
regulations with respect to determining age limits, methods of 
selection of officer candidates, term of service as an officer 
candidate before graduation from the program, and all other matters 
affecting such appointment.
    ``(c) Dismissal.--The Secretary may dismiss from the basic officer 
training program of the Administration any officer candidate who, 
during the officer candidate's term as an officer candidate, the 
Secretary considers unsatisfactory in either academics or conduct, or 
not adapted for a career in the commissioned officer corps of the 
Administration. Officer candidates shall be subject to rules governing 
discipline prescribed by the Director of the National Oceanic and 
Atmospheric Administration Commissioned Officer Corps.
    ``(d) Agreement.--
            ``(1) In general.--Each officer candidate shall sign an 
        agreement with the Secretary in accordance with section 
        216(a)(2) regarding the officer candidate's term of service in 
        the commissioned officer corps of the Administration.
            ``(2) Elements.--An agreement signed by an officer 
        candidate under paragraph (1) shall provide that the officer 
        candidate agrees to the following:
                    ``(A) That the officer candidate will complete the 
                course of instruction at the basic officer training 
                program of the Administration.
                    ``(B) That upon graduation from the such program, 
                the officer candidate--
                            ``(i) will accept an appointment, if 
                        tendered, as an officer; and
                            ``(ii) will serve on active duty for at 
                        least 4 years immediately after such 
                        appointment.
    ``(e) Regulations.--The Secretary shall prescribe regulations to 
carry out this section. Such regulations shall include--
            ``(1) standards for determining what constitutes a breach 
        of an agreement signed under such subsection (d)(1); and
            ``(2) procedures for determining whether such a breach has 
        occurred.
    ``(f) Repayment.--An officer candidate or former officer candidate 
who does not fulfill the terms of the obligation to serve as specified 
under section (d) shall be subject to the repayment provisions of 
section 216(b).''.
    (b) Clerical Amendment.--The table of sections in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372) 
is amended by inserting after the item relating to section 233 the 
following:

``Sec. 234. Officer candidates.''.
    (c) Officer Candidate Defined.--Section 212(b) (33 U.S.C. 3002(b)) 
is amended--
            (1) by redesignating paragraphs (4) through (6) as 
        paragraphs (5) through (7), respectively; and
            (2) by inserting after paragraph (3) the following:
            ``(4) Officer candidate.--The term `officer candidate' 
        means an individual who is enrolled in the basic officer 
        training program of the Administration and is under 
        consideration for appointment as an officer under section 
        221(a)(2)(A).''.
    (d) Pay for Officer Candidates.--Section 203 of title 37, United 
States Code, is amended by adding at the end the following:
    ``(f)(1) An officer candidate enrolled in the basic officer 
training program of the commissioned officer corps of the National 
Oceanic and Atmospheric Administration is entitled, while participating 
in such program, to monthly officer candidate pay at monthly rate equal 
to the basic pay of an enlisted member in the pay grade E-5 with less 
than 2 years service.
    ``(2) An individual who graduates from such program shall receive 
credit for the time spent participating in such program as if such time 
were time served while on active duty as a commissioned officer. If the 
individual does not graduate from such program, such time shall not be 
considered creditable for active duty or pay.''.

SEC. 757. PROCUREMENT OF PERSONNEL.

    (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as amended by 
section 756(a), is further amended by adding at the end the following:

``SEC. 235. PROCUREMENT OF PERSONNEL.

    ``The Secretary may make such expenditures as the Secretary 
considers necessary in order to obtain recruits for the commissioned 
officer corps of the Administration, including advertising.''.
    (b) Clerical Amendment.--The table of sections in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372), 
as amended by section 756(b), is further amended by inserting after the 
item relating to section 234 the following:

``235. Procurement of personnel.''.

             PART IV--SEPARATION AND RETIREMENT OF OFFICERS

SEC. 761. INVOLUNTARY RETIREMENT OR SEPARATION.

    Section 241 (33 U.S.C. 3041) is amended by adding at the end the 
following:
    ``(d) Deferment of Retirement or Separation for Medical Reasons.--
            ``(1) In general.--If the Secretary determines that the 
        evaluation of the medical condition of an officer requires 
        hospitalization or medical observation that cannot be completed 
        with confidence in a manner consistent with the officer's well 
        being before the date on which the officer would otherwise be 
        required to retire or be separated under this section, the 
        Secretary may defer the retirement or separation of the 
        officer.
            ``(2) Consent required.--A deferment may only be made with 
        the written consent of the officer involved. If the officer 
        does not provide written consent to the deferment, the officer 
        shall be retired or separated as scheduled.
            ``(3) Limitation.--A deferral of retirement or separation 
        under this subsection may not extend for more than 30 days 
        after completion of the evaluation requiring hospitalization or 
        medical observation.''.

SEC. 762. SEPARATION PAY.

    Section 242 (33 U.S.C. 3042) is amended by adding at the end the 
following:
    ``(d) Exception.--An officer discharged for twice failing selection 
for promotion to the next higher grade is not entitled to separation 
pay under this section if the officer--
            ``(1) expresses a desire not to be selected for promotion; 
        or
            ``(2) requests removal from the list of selectees.''.

                   Subtitle C--Hydrographic Services

SEC. 771. REAUTHORIZATION OF HYDROGRAPHIC SERVICES IMPROVEMENT ACT OF 
              1998.

    (a) Reauthorizations.--Section 306 of the Hydrographic Services 
Improvement Act of 1998 (33 U.S.C. 892d) is amended--
            (1) in the matter before paragraph (1), by striking ``There 
        are'' and inserting the following:
    ``(a) In General.--There are'';
            (2) in subsection (a) (as designated by paragraph (1))--
                    (A) in paragraph (1), by striking ``surveys--'' and 
                all that follows through the end of the paragraph and 
                inserting ``surveys, $70,814,000 for each of fiscal 
                years 2016 through 2020.'';
                    (B) in paragraph (2), by striking ``vessels--'' and 
                all that follows through the end of the paragraph and 
                inserting ``vessels, $25,000,000 for each of fiscal 
                years 2016 through 2020.'';
                    (C) in paragraph (3), by striking 
                ``Administration--'' and all that follows through the 
                end of the paragraph and inserting ``Administration, 
                $29,932,000 for each of fiscal years 2016 through 
                2020.'';
                    (D) in paragraph (4), by striking ``title--'' and 
                all that follows through the end of the paragraph and 
                inserting ``title, $26,800,000 for each of fiscal years 
                2016 through 2020.''; and
                    (E) in paragraph (5), by striking ``title--'' and 
                all that follows through the end of the paragraph and 
                inserting ``title, $30,564,000 for each of fiscal years 
                2016 through 2020.''; and
            (3) by adding at the end the following:
    ``(b) Arctic Programs.--Of the amount authorized by this section 
for each fiscal year--
            ``(1) $10,000,000 is authorized for use--
                    ``(A) to acquire hydrographic data;
                    ``(B) to provide hydrographic services;
                    ``(C) to conduct coastal change analyses necessary 
                to ensure safe navigation;
                    ``(D) to improve the management of coastal change 
                in the Arctic; and
                    ``(E) to reduce risks of harm to Alaska Native 
                subsistence and coastal communities associated with 
                increased international maritime traffic; and
            ``(2) $2,000,000 is authorized for use to acquire 
        hydrographic data and provide hydrographic services in the 
        Arctic necessary to delineate the United States extended 
        Continental Shelf.''.
    (b) Limitation on Administrative Expenses for Surveys.--Section 306 
of such Act (33 U.S.C. 892d) is further amended by adding at the end 
the following:
    ``(c) Limitation on Administrative Expenses for Surveys.--Of 
amounts authorized by this section for each fiscal year for contract 
hydrographic surveys, not more than 5 percent is authorized for 
administrative costs associated with contract management.''.

            Passed the Senate June 29, 2016.

            Attest:

                                                             Secretary.
114th CONGRESS

  2d Session

                                S. 2829

_______________________________________________________________________

                                 AN ACT

  To amend and enhance certain maritime programs of the Department of 
                Transportation, and for other purposes.