[Congressional Record Volume 162, Number 105 (Wednesday, June 29, 2016)]
[Senate]
[Pages S4731-S4750]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4929. Ms. WARREN submitted an amendment intended to be proposed to 
amendment SA 4881 submitted by Ms. Warren and intended to be proposed 
to the bill S. 2328, to reauthorize and amend the National Sea Grant 
College Program Act, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end, add the following:
       (d) Technical Corrections.--Notwithstanding any other 
     provision of this Act--
       (1) section 301 of this Act is amended--
       (A) in subsection (a), by striking ``however,'' and 
     inserting ``however the reference to section 943(b) of title 
     11, United States Code, in section 930(a)(5) of title 11, 
     United States Code, shall mean section 314 of this title, 
     and'';
       (B) in subsection (c)--
       (i) in paragraph (3)(B), by inserting ``such'' after 
     ``vote''; and
       (ii) in paragraph (4), by striking ``and/or'' and inserting 
     ``or'';
       (C) in subsection (e), by striking ``1122'' and inserting 
     ``314(c)(1)''; and
       (D) in section 302, by inserting ``only'' after ``title'';
       (2) section 303 of this Act is amended--
       (A) in paragraph (2), by inserting ``or moratorium'' after 
     ``composition''; and
       (B) in paragraph (3), by striking ``unlawful'';
       (3) section 304 of this Act is amended--
       (A) in subsection (a), by striking ``voluntary'';
       (B) in subsection (f), by striking ``the cases of'';
       (C) in subsection (g), by striking ``, on behalf of a 
     debtor and one or more affiliates, has filed separate cases 
     and the Oversight Board, on behalf of the debtor or one of 
     the affiliates,'' and inserting ``has filed separates cases 
     on behalf of debtors that are affiliates and the Oversight 
     Board on behalf of one or more of the debtors'';

[[Page S4732]]

       (D) in subsection (h), by inserting ``, only to the extent 
     that such obligations are being enforced or will be enforced 
     by governmental units'' after ``provisions''; and
       (E) in subsection (i), by striking ``including sections of 
     title 11, United States Code, incorporated by reference, 
     nothing in this section'' and insert ``nothing in this 
     title'';
       (4) section 306 of this Act is amended--
       (A) in subsection (c), by inserting ``, to the extent 
     permitted by the Constitution of the United States'' after 
     ``entity'';
       (B) in subsection (d)(2), by inserting ``or subsection (e) 
     of this section,'' before ``or by'';
       (C) in subsection (e)--
       (i) in paragraph (2), by striking ``in which a case under 
     this title has venue pursuant to section 307 of this title'' 
     and inserting ``embracing the district in which the case 
     is''; and
       (ii) in paragraph (3)(B), by striking ``direct''; and
       (D) in subsection (f), by inserting ``or appropriate'' 
     after ``necessary'';
       (5) section 307 of this Act is amended by striking 
     subsection (b);
       (6) section 308(b) of this Act is amended by inserting ``of 
     that circuit'' before ``to conduct the case.'';
       (7) section 309 of this Act is amended--
       (A) by inserting ``(a) In General.--'' before ``Nothing in 
     this title''; and
       (B) by adding at the end the following:
       ``(b) Review.--Any decision to abstain or not to abstain is 
     not reviewable by appeal or otherwise by the court of appeals 
     under section 1291 or 1292 of title 28, United States Code, 
     or section 306(e) of this title, or by the Supreme Court of 
     the United States under section 1254 of title 28, United 
     States Code. This subsection shall not be construed to limit 
     the applicability of the stay provided for by section 362 of 
     title 11, United States Code, (as made applicable to cases 
     under this title under section 301(a)) as such section 
     applies to an action affecting the property of the estate in 
     bankruptcy.'';
       (8) section 310 of this Act is amended by inserting ``, as 
     if it were a case under chapter 9 of title 11, United States 
     Code, or a civil proceeding arising under such chapter or 
     arising in or related to a case under such chapter'' before 
     the period at the end;
       (9) section 312(b) of this Act is amended by inserting ``or 
     before'' after ``plan of adjustment at'';
       (10) section 314 of this Act is amended--
       (A) in subsection (b)(6)--
       (i) by striking ``the non-bankruptcy laws and'' and 
     inserting ``otherwise applicable laws and the''; and
       (ii) by inserting ``the recovery that'' after ``greater 
     recovery for the creditors than''; and
       (B) in subsection (c)(1), by striking ``with respect to'' 
     and inserting ``in'';
       (11) section 316(c)(3) of this Act is amended by striking 
     ``this chapter'' and inserting ``this title'';
       (12) section 405 of this Act is amended--
       (A) in subsection (a)(1), in the matter preceding 
     subparagraph (A), by striking ``any other source of law'' and 
     inserting ``any other source'';
       (B) in subsection (b)--
       (i) in paragraph (1), by striking ``that arose before the 
     enactment of this Act'';
       (ii) by striking paragraph (5);
       (iii) by redesignating paragraphs (6) and (7) as paragraphs 
     (5) and (6), respectively; and
       (iv) in paragraph (5), as so redesignated, by striking 
     ``that arose before the enactment of this Act'';
       (C) in subsection (j)(3)--
       (i) by striking subparagraph (A) and inserting the 
     following:
       ``(A) the financial condition of, or the commencement of a 
     restructuring, insolvency, bankruptcy, or other proceeding 
     (or a similar or analogous process) by, the Government of 
     Puerto Rico, including a default or an event of default 
     thereunder;''; and
       (ii) in subparagraph (C), by striking ``paragraph (1)(B)'' 
     and inserting ``paragraph (1)''; and
       (D) in subsection (l), by striking ``when such payments 
     become due during the length of the stay'' and inserting ``as 
     and when such payments become due during the duration of the 
     stay''; and
       (13) section 601 of this Act is amended--
       (A) in subsection (a)(11)(B), by striking ``current 
     accreted value'' and all that follows and inserting 
     ``accreted value of such Capital Appreciation Bond or a 
     Convertible Capital Appreciation Bond, as of the date of the 
     determination and as applicable.'';
       (B) in subsection (c), by striking ``above'';
       (C) in subsection (d)(3)(B), by inserting ``applicable to 
     such Bonds'' before the period at the end;
       (D) in subsection (e), by striking ``the procedures 
     under'';
       (E) in subsection (f)--
       (i) in paragraph (1), by inserting ``and'' after ``Issuer's 
     existing debts,''; and
       (ii) in paragraph (3), by inserting ``by the Oversight 
     Board'' after ``has been certified'';
       (F) in subsection (i), by inserting ``with respect to not 
     less than 1 of'' before ``the Issuer's Outstanding Bonds.'';
       (G) in subsection (j), by inserting ``such'' before 
     ``Insured Bonds for purposes of directing remedies'';
       (H) in subsection (l)--
       (i) by striking ``consent of holder'' and inserting 
     ``consent of holders''; and
       (ii) by striking ``a written action'' and inserting ``an 
     action'';
       (I) in subsection (m)--
       (i) in paragraph (1)--

       (I) in subparagraph (B), by striking clause (iii) and 
     inserting the following:

       ``(iii) any conditions on the effectiveness of the 
     Qualifying Modification have been satisfied or, except for 
     such conditions that have been identified in the Qualifying 
     Modification as being non-waivable, in the Administrative 
     Supervisor's sole discretion, satisfaction of such conditions 
     has been waived;''; and

       (II) in subparagraph (C)(ii), by striking ``the lesser of'' 
     and all that follows and inserting ``the lesser of the 
     Outstanding Principal amount of the Bond Claim on the 
     effective date of the Qualifying Modification or of the value 
     of the collateral securing such Bond Claim; and''; and

       (ii) in paragraph (2), by striking ``should not be 
     subject'' and inserting ``may not be subject''; and
       (J) in subsection (n)(1), by inserting ``or related to'' 
     before ``this section.''.
                                 ______
                                 
  SA 4930. Mr. McConnell submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       Strike all after the first word and insert the following:
       (g) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
     206(g)) is amended by striking paragraphs (2) through (4) and 
     inserting the following:
       ``(2) In lieu of the rate prescribed by subsection (a)(1), 
     the Governor of Puerto Rico, subject to the approval of the 
     Financial Oversight and Management Board established pursuant 
     to section 101 of the Puerto Rico Oversight, Management, and 
     Economic Stability Act, may designate a time period not to 
     exceed four years during which employers in Puerto Rico may 
     pay employees who are initially employed after the date of 
     enactment of such Act a wage which is not less than the wage 
     described in paragraph (1). Notwithstanding the time period 
     designated, such wage shall not continue in effect after such 
     Board terminates in accordance with section 209 of such Act.
       ``(3) No employer may take any action to displace employees 
     (including partial displacements such as reduction in hours, 
     wages, or employment benefits) for purposes of hiring 
     individuals at the wage authorized in paragraph (1) or (2).
       ``(4) Any employer who violates this subsection shall be 
     considered to have violated section 15(a)(3) (29 U.S.C. 
     215(a)(3)).
       ``(5) This subsection shall only apply to an employee who 
     has not attained the age of 20 years, except in the case of 
     the wage applicable in Puerto Rico, 25 years, until such time 
     as the Board described in paragraph (2) terminates in 
     accordance with section 209 of the Act described in such 
     paragraph.''.
                                 ______
                                 
  SA 4931. Mr. McConnell submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       Strike all after the first word and insert the following:
       (a) Special Rule.--The regulations proposed by the 
     Secretary of Labor relating to exemptions regarding the rates 
     of pay for executive, administrative, professional, outside 
     sales, and computer employees, and published in a notice in 
     the Federal Register on July 6, 2015, and any final 
     regulations issued related to such notice, shall have no 
     force or effect in the Commonwealth of Puerto Rico until--
       (1) the Comptroller General of the United States completes 
     the assessment and transmits the report required under 
     subsection (b); and
       (2) the Secretary of Labor taking into account the 
     assessment and report of the Comptroller General, provides a 
     written determination to Congress that applying such rule to 
     Puerto Rico would not have a negative impact on the economy 
     of Puerto Rico.
       (b) Assessment and Report.--Not later than two years after 
     the date of enactment of this Act, the Comptroller General 
     shall examine the economic conditions in Puerto Rico and 
     shall transmit a report to Congress assessing the impact of 
     applying the regulations described in subsection (a) to 
     Puerto Rico, taking into consideration regional, 
     metropolitan, and non-metropolitan salary and cost-of-living 
     differences.
                                 ______
                                 
  SA 4932. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       Strike section 405 and insert the following:

     SEC. 405. AUTOMATIC STAY UPON ENACTMENT.

       (a) Definitions.--In this section:
       (1) Liability.--The term ``Liability'' means a bond, loan, 
     letter of credit, other borrowing title, obligation of 
     insurance, or other financial indebtedness for borrowed 
     money, including rights, entitlements, or obligations whether 
     such rights, entitlements, or obligations arise from 
     contract, statute, or any other source of law related to such 
     a

[[Page S4733]]

     bond, loan, letter of credit, other borrowing title, 
     obligation of insurance, or other financial indebtedness in 
     physical or dematerialized form, of which--
       (A) the issuer, obligor, or guarantor is the Government of 
     Puerto Rico; and
       (B) the date of issuance or incurrence precedes the date of 
     enactment of this Act.
       (2) Liability claim.--The term ``Liability Claim'' means, 
     as it relates to a Liability--
       (A) right to payment, whether or not such right is reduced 
     to judgment, liquidated, unliquidated, fixed, contingent, 
     matured, unmatured, disputed, undisputed, legal, equitable, 
     secured, or unsecured; or
       (B) right to an equitable remedy for breach of performance 
     if such breach gives rise to a right to payment, whether or 
     not such right to an equitable remedy is reduced to judgment, 
     fixed, contingent, matured, unmatured, disputed, undisputed, 
     secured, or unsecured.
       (b) In General.--Except as provided in subsection (c) of 
     this section, the establishment of an Oversight Board for 
     Puerto Rico (i.e., the enactment of this Act) in accordance 
     with section 101 operates with respect to a Liability as a 
     stay, applicable to all entities (as such term is defined in 
     section 101 of title 11, United States Code), of--
       (1) the commencement or continuation, including the 
     issuance or employment of process, of a judicial, 
     administrative, or other action or proceeding against the 
     Government of Puerto Rico that was or could have been 
     commenced before the enactment of this Act, or to recover a 
     Liability Claim against the Government of Puerto Rico that 
     arose before the enactment of this Act;
       (2) the enforcement, against the Government of Puerto Rico 
     or against property of the Government of Puerto Rico, of a 
     judgment obtained before the enactment of this Act;
       (3) any act to obtain possession of property of the 
     Government of Puerto Rico or of property from the Government 
     of Puerto Rico or to exercise control over property of the 
     Government of Puerto Rico;
       (4) any act to create, perfect, or enforce any lien against 
     property of the Government of Puerto Rico;
       (5) any act to create, perfect, or enforce against property 
     of the Government of Puerto Rico any lien to the extent that 
     such lien secures a Liability Claim that arose before the 
     enactment of this Act;
       (6) any act to collect, assess, or recover a Liability 
     Claim against the Government of Puerto Rico that arose before 
     the enactment of this Act; and
       (7) the setoff of any debt owing to the Government of 
     Puerto Rico that arose before the enactment of this Act 
     against any Liability Claim against the Government of Puerto 
     Rico.
       (c) Stay Not Operable.--The establishment of an Oversight 
     Board for Puerto Rico in accordance with section 101 does not 
     operate as a stay--
       (1) solely under subsection (b)(1) of this section, of the 
     continuation of, including the issuance or employment of 
     process, of a judicial, administrative, or other action or 
     proceeding against the Government of Puerto Rico that was 
     commenced on or before December 18, 2015; or
       (2) of the commencement or continuation of an action or 
     proceeding by a governmental unit to enforce such 
     governmental unit's or organization's police and regulatory 
     power, including the enforcement of a judgment other than a 
     money judgment, obtained in an action or proceeding by the 
     governmental unit to enforce such governmental unit's or 
     organization's police or regulatory power.; or
       (3) to enforce a claim for interest on a Bond.
       (d) Continuation of Stay.--Except as provided in 
     subsections (e), (f), and (g) the stay under subsection (b) 
     continues until the earlier of--
       (1) the later of--
       (A) the later of--
       (i) February 15, 2017; or (ii) six months after the 
     establishment of an Oversight Board for Puerto Rico as 
     established by section 101(b);
       (B) the date that is 75 days after the date in subparagraph 
     (A) if the Oversight Board delivers a certification to the 
     Governor that, in the Oversight Board's sole discretion, an 
     additional 75 days are needed to seek to complete a voluntary 
     process under title VI of this Act with respect to the 
     government of the Commonwealth of Puerto Rico or any of its 
     territorial instrumentalities; or
       (C) the date that is 60 days after the date in subparagraph 
     (A) if the district court to which an application has been 
     submitted under subparagraph 601(m)(1)(D) of this Act 
     determines, in the exercise of the court's equitable powers, 
     that an additional 60 days are needed to complete a voluntary 
     process under title VI of this Act with respect to the 
     government of the Commonwealth of Puerto Rico or any of its 
     territorial instrumentalities; or
       (2) with respect to the government of the Commonwealth of 
     Puerto Rico or any of its territorial instrumentalities, the 
     date on which a case is filed by or on behalf of the 
     government of the Commonwealth of Puerto Rico or any of its 
     territorial instrumentalities, as applicable, under title 
     III.
       (e) Jurisdiction, Relief From Stay.--
       (1) The United States District Court for the District of 
     Puerto Rico shall have original and exclusive jurisdiction of 
     any civil actions arising under or related to this section.
       (2) On motion of or action filed by a party in interest and 
     after notice and a hearing, the United States District Court 
     for the District of Puerto Rico, for cause shown, shall grant 
     relief from the stay provided under subsection (b) of this 
     section.
       (f) Termination of Stay; Hearing.--Forty-five days after a 
     request under subsection (e)(2) for relief from the stay of 
     any act against property of the Government of Puerto Rico 
     under subsection (b), such stay is terminated with respect to 
     the party in interest making such request, unless the court, 
     after notice and a hearing, orders such stay continued in 
     effect pending the conclusion of, or as a result of, a final 
     hearing and determination under subsection (e)(2). A hearing 
     under this subsection may be a preliminary hearing, or may be 
     consolidated with the final hearing under subsection (e)(2). 
     The court shall order such stay continued in effect pending 
     the conclusion of the final hearing under subsection (e)(2) 
     if there is a reasonable likelihood that the party opposing 
     relief from such stay will prevail at the conclusion of such 
     final hearing. If the hearing under this subsection is a 
     preliminary hearing, then such final hearing shall be 
     concluded not later than thirty days after the conclusion of 
     such preliminary hearing, unless the thirty-day period is 
     extended with the consent of the parties in interest or for a 
     specific time which the court finds is required by compelling 
     circumstances.
       (g) Relief to Prevent Irreparable Damage.--Upon request of 
     a party in interest, the court, with or without a hearing, 
     shall grant such relief from the stay provided under 
     subsection (b) as is necessary to prevent irreparable damage 
     to the interest of an entity in property, if such interest 
     will suffer such damage before there is an opportunity for 
     notice and a hearing under subsection (e) or (f).
       (h) Act in Violation of Stay Is Void.--Any order, judgment, 
     or decree entered in violation of this section and any act 
     taken in violation of this section is void, and shall have no 
     force or effect, and any person found to violate this section 
     may be liable for damages, costs, and attorneys' fees 
     incurred in defending any action taken in violation of this 
     section, and the Oversight Board or the Government of Puerto 
     Rico may seek an order from the court enforcing the 
     provisions of this section.
       (i) Government of Puerto Rico.--For purposes of this 
     section, the term ``Government of Puerto Rico'', in addition 
     to the definition set forth in section 5(11) of this Act, 
     shall include--
       (1) the individuals, including elected and appointed 
     officials, directors, officers of and employees acting in 
     their official capacity on behalf of the Government of Puerto 
     Rico; and
       (2) the Oversight Board, including the directors and 
     officers of and employees acting in their official capacity 
     on behalf of the Oversight Board.
       (j) No Default Under Existing Contracts.--
       (1) Notwithstanding any contractual provision or applicable 
     law to the contrary and so long as a stay under this section 
     is in effect, the holder of a Liability Claim or any other 
     claim (as such term is defined in section 101 of title 11, 
     United States Code) may not exercise or continue to exercise 
     any remedy under a contract or applicable law in respect to 
     the Government of Puerto Rico or any of its property--
       (A) that is conditioned upon the financial condition of, or 
     the commencement of a restructuring, insolvency, bankruptcy, 
     or other proceeding (or a similar or analogous process) by, 
     the Government of Puerto Rico, including a default or an 
     event of default thereunder; or
       (B) with respect to Liability Claims--
       (i) for the non-payment of principal or interest (other 
     than to enforce a claim for interest on a Bond); or
       (ii) for the breach of any condition or covenant.
       (2) The term ``remedy'' as used in paragraph (1) shall be 
     interpreted broadly, and shall include any right existing in 
     law or contract, including any right to--
       (A) setoff;
       (B) apply or appropriate funds;
       (C) seek the appointment of a custodian (as such term is 
     defined in section 101(11) of title 11, United States Code);
       (D) seek to raise rates; or
       (E) exercise control over property of the Government of 
     Puerto Rico.
       (3) Notwithstanding any contractual provision or applicable 
     law to the contrary and so long as a stay under this section 
     is in effect, a contract to which the Government of Puerto 
     Rico is a party may not be terminated or modified, and any 
     right or obligation under such contract may not be terminated 
     or modified, solely because of a provision in such contract 
     is conditioned on--
       (A) the insolvency or financial condition of the Government 
     of Puerto Rico at any time prior to the enactment of this 
     Act;
       (B) the adoption of a resolution or establishment of an 
     Oversight Board pursuant to section 101 of this Act; or
       (C) a default under a separate contract that is due to, 
     triggered by, or a result of the occurrence of the events or 
     matters in paragraph (1)(B).
       (4) Notwithstanding any contractual provision to the 
     contrary and so long as a stay under this section is in 
     effect, a counterparty to a contract with the Government of 
     Puerto Rico for the provision of goods and services shall, 
     unless the Government of Puerto Rico agrees to the contrary

[[Page S4734]]

     in writing, continue to perform all obligations under, and 
     comply with the terms of, such contract, provided that the 
     Government of Puerto Rico is not in default under such 
     contract other than as a result of a condition specified in 
     paragraph (3).
       (k) Effect.--This section does not discharge an obligation 
     of the Government of Puerto Rico or release, invalidate, or 
     impair any security interest or lien securing such 
     obligation. This section does not impair or affect the 
     implementation of any restructuring support agreement 
     executed by the Government of Puerto Rico to be implemented 
     pursuant to Puerto Rico law specifically enacted for that 
     purpose prior to the enactment of this Act or the obligation 
     of the Government of Puerto Rico to proceed in good faith as 
     set forth in any such agreement.
       (l) Payments on Liabilities.--Nothing in this section shall 
     be construed to prohibit the Government of Puerto Rico from 
     making any payment on any Liability when such payment becomes 
     due during the term of the stay, and to the extent the 
     Oversight Board, in its sole discretion, determines it is 
     feasible, the Government of Puerto Rico shall make interest 
     payments on outstanding indebtedness when such payments 
     become due during the length of the stay.
       (m) Findings.--Congress finds the following:
       (1) A combination of severe economic decline, and, at 
     times, accumulated operating deficits, lack of financial 
     transparency, management inefficiencies, and excessive 
     borrowing has created a fiscal emergency in Puerto Rico.
       (2) As a result of its fiscal emergency, the Government of 
     Puerto Rico has been unable to provide its citizens with 
     effective services.
       (3) The current fiscal emergency has also affected the 
     long-term economic stability of Puerto Rico by contributing 
     to the accelerated outmigration of residents and businesses.
       (4) A comprehensive approach to fiscal, management, and 
     structural problems and adjustments that exempts no part of 
     the Government of Puerto Rico is necessary, involving 
     independent oversight and a Federal statutory authority for 
     the Government of Puerto Rico to restructure debts in a fair 
     and orderly process.
       (5) Additionally, an immediate.--but temporary--stay is 
     essential to stabilize the region for the purposes of 
     resolving this territorial crisis.
       (A) The stay advances the best interests common to all 
     stakeholders, including but not limited to a functioning 
     independent Oversight Board created pursuant to this Act to 
     determine whether to appear or intervene on behalf of the 
     Government of Puerto Rico in any litigation that may have 
     been commenced prior to the effectiveness or upon expiration 
     of the stay.
       (B) The stay is limited in nature and narrowly tailored to 
     achieve the purposes of this Act, including to ensure all 
     creditors have a fair opportunity to consensually renegotiate 
     terms of repayment based on accurate financial information 
     that is reviewed by an independent authority or, at a 
     minimum, receive a recovery from the Government of Puerto 
     Rico equal to their best possible outcome absent the 
     provisions of this Act.
       (6) Finally, the ability of the Government of Puerto Rico 
     to obtain funds from capital markets in the future will be 
     severely diminished without congressional action to restore 
     its financial accountability and stability.
       (n) Purposes.--The purposes of this section are to--
       (1) provide the Government of Puerto Rico with the 
     resources and the tools it needs to address an immediate 
     existing and imminent crisis;
       (2) allow the Government of Puerto Rico a limited period of 
     time during which it can focus its resources on negotiating a 
     voluntary resolution with its creditors instead of defending 
     numerous, costly creditor lawsuits;
       (3) provide an oversight mechanism to assist the Government 
     of Puerto Rico in reforming its fiscal governance and support 
     the implementation of potential debt restructuring;
       (4) make available a Federal restructuring authority, if 
     necessary, to allow for an orderly adjustment of all of the 
     Government of Puerto Rico's liabilities; and
       (5) benefit the lives of 3.5 million American citizens 
     living in Puerto Rico by encouraging the Government of Puerto 
     Rico to resolve its longstanding fiscal governance issues and 
     return to economic growth.
       (o) Voting on Voluntary Agreements Not Stayed.--
     Notwithstanding any provision in this section to the 
     contrary, nothing in this section shall prevent the holder of 
     a Liability Claim from voting on or consenting to a proposed 
     modification of such Liability Claim under title VI of this 
     Act.
                                 ______
                                 
  SA 4933. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       Strike section 405 and insert the following:

     SEC. 405. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) A combination of severe economic decline, and, at 
     times, accumulated operating deficits, lack of financial 
     transparency, management inefficiencies, and excessive 
     borrowing has created a fiscal emergency in Puerto Rico.
       (2) As a result of its fiscal emergency, the Government of 
     Puerto Rico has been unable to provide its citizens with 
     effective services.
       (3) The current fiscal emergency has also affected the 
     long-term economic stability of Puerto Rico by contributing 
     to the accelerated outmigration of residents and businesses.
       (4) A comprehensive approach to fiscal, management, and 
     structural problems and adjustments that exempts no part of 
     the Government of Puerto Rico is necessary, involving 
     independent oversight and a Federal statutory authority for 
     the Government of Puerto Rico to restructure debts in a fair 
     and orderly process.
       (5) Finally, the ability of the Government of Puerto Rico 
     to obtain funds from capital markets in the future will be 
     severely diminished without congressional action to restore 
     its financial accountability and stability.
       (b) Purposes.--The purposes of this Act are to--
       (1) provide the Government of Puerto Rico with the 
     resources and the tools it needs to address an immediate 
     existing and imminent crisis;
       (2) incentivize the Government of Puerto Rico to focus its 
     resources on negotiating a voluntary resolution with its 
     creditors;
       (3) provide an oversight mechanism to assist the Government 
     of Puerto Rico in reforming its fiscal governance and support 
     the implementation of potential debt restructuring;
       (4) make available a Federal restructuring authority, if 
     necessary, to allow for an orderly adjustment of all of the 
     Government of Puerto Rico's liabilities; and
       (5) benefit the lives of 3.5 million American citizens 
     living in Puerto Rico by encouraging the Government of Puerto 
     Rico to resolve its longstanding fiscal governance issues and 
     return to economic growth.
                                 ______
                                 
  SA 4934. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       In section 104(e), add at the end the following: ``Nothing 
     in this Act provides immunity to the Oversight Board, members 
     of the Oversight Board, or employees of the Oversight Board 
     from any anti-corruption laws.''.
                                 ______
                                 
  SA 4935. Mr. McCONNELL (for Mr. Roberts) proposed an amendment to the 
bill S. 764, to reauthorize and amend the National Sea Grant College 
Program Act, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. NATIONAL BIOENGINEERED FOOD DISCLOSURE STANDARD.

       The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et 
     seq.) is amended by adding at the end the following:

     ``Subtitle E--National Bioengineered Food Disclosure Standard

     ``SEC. 291. DEFINITIONS.

       ``In this subtitle:
       ``(1) Bioengineering.--The term `bioengineering', and any 
     similar term, as determined by the Secretary, with respect to 
     a food, refers to a food--
       ``(A) that contains genetic material that has been modified 
     through in vitro recombinant deoxyribonucleic acid (DNA) 
     techniques; and
       ``(B) for which the modification could not otherwise be 
     obtained through conventional breeding or found in nature.
       ``(2) Food.--The term `food' means a food (as defined in 
     section 201 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 321)) that is intended for human consumption.
       ``(3) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture.

     ``SEC. 292. APPLICABILITY.

       ``(a) In General.--This subtitle shall apply to any claim 
     in a disclosure that a food bears that indicates that the 
     food is a bioengineered food.
       ``(b) Application of Definition.--The definition of the 
     term `bioengineering' under section 291 shall not affect any 
     other definition, program, rule, or regulation of the Federal 
     Government.
       ``(c) Application to Foods.--This subtitle shall apply only 
     to a food subject to--
       ``(1) the labeling requirements under the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or
       ``(2) the labeling requirements under the Federal Meat 
     Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products 
     Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products 
     Inspection Act (21 U.S.C. 1031 et seq.) only if--
       ``(A) the most predominant ingredient of the food would 
     independently be subject to the labeling requirements under 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
     seq.); or
       ``(B)(i) the most predominant ingredient of the food is 
     broth, stock, water, or a similar solution; and
       ``(ii) the second-most predominant ingredient of the food 
     would independently be subject to the labeling requirements 
     under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 
     et seq.).

[[Page S4735]]

  


     ``SEC. 293. ESTABLISHMENT OF NATIONAL BIOENGINEERED FOOD 
                   DISCLOSURE STANDARD.

       ``(a) Establishment of Mandatory Standard.--Not later than 
     2 years after the date of enactment of this subtitle, the 
     Secretary shall--
       ``(1) establish a national mandatory bioengineered food 
     disclosure standard with respect to any bioengineered food 
     and any food that may be bioengineered; and
       ``(2) establish such requirements and procedures as the 
     Secretary determines necessary to carry out the standard.
       ``(b) Regulations.--
       ``(1) In general.--A food may bear a disclosure that the 
     food is bioengineered only in accordance with regulations 
     promulgated by the Secretary in accordance with this 
     subtitle.
       ``(2) Requirements.--A regulation promulgated by the 
     Secretary in carrying out this subtitle shall--
       ``(A) prohibit a food derived from an animal to be 
     considered a bioengineered food solely because the animal 
     consumed feed produced from, containing, or consisting of a 
     bioengineered substance;
       ``(B) determine the amounts of a bioengineered substance 
     that may be present in food, as appropriate, in order for the 
     food to be a bioengineered food;
       ``(C) establish a process for requesting and granting a 
     determination by the Secretary regarding other factors and 
     conditions under which a food is considered a bioengineered 
     food;
       ``(D) in accordance with subsection (d), require that the 
     form of a food disclosure under this section be a text, 
     symbol, or electronic or digital link, but excluding Internet 
     website Uniform Resource Locators not embedded in the link, 
     with the disclosure option to be selected by the food 
     manufacturer;
       ``(E) provide alternative reasonable disclosure options for 
     food contained in small or very small packages;
       ``(F) in the case of small food manufacturers, provide--
       ``(i) an implementation date that is not earlier than 1 
     year after the implementation date for regulations 
     promulgated in accordance with this section; and
       ``(ii) on-package disclosure options, in addition to those 
     available under subparagraph (D), to be selected by the small 
     food manufacturer, that consist of--

       ``(I) a telephone number accompanied by appropriate 
     language to indicate that the phone number provides access to 
     additional information; and
       ``(II) an Internet website maintained by the small food 
     manufacturer in a manner consistent with subsection (d), as 
     appropriate; and

       ``(G) exclude--
       ``(i) food served in a restaurant or similar retail food 
     establishment; and
       ``(ii) very small food manufacturers.
       ``(3) Safety.--For the purpose of regulations promulgated 
     and food disclosures made pursuant to paragraph (2), a 
     bioengineered food that has successfully completed the pre-
     market Federal regulatory review process shall not be treated 
     as safer than, or not as safe as, a non-bioengineered 
     counterpart of the food solely because the food is 
     bioengineered or produced or developed with the use of 
     bioengineering.
       ``(c) Study of Electronic or Digital Link Disclosure.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this subtitle, the Secretary shall conduct a 
     study to identify potential technological challenges that may 
     impact whether consumers would have access to the 
     bioengineering disclosure through electronic or digital 
     disclosure methods.
       ``(2) Public comments.--In conducting the study under 
     paragraph (1), the Secretary shall solicit and consider 
     comments from the public.
       ``(3) Factors.--The study conducted under paragraph (1) 
     shall consider whether consumer access to the bioengineering 
     disclosure through electronic or digital disclosure methods 
     under this subtitle would be affected by the following 
     factors:
       ``(A) The availability of wireless Internet or cellular 
     networks.
       ``(B) The availability of landline telephones in stores.
       ``(C) Challenges facing small retailers and rural 
     retailers.
       ``(D) The efforts that retailers and other entities have 
     taken to address potential technology and infrastructure 
     challenges.
       ``(E) The costs and benefits of installing in retail stores 
     electronic or digital link scanners or other evolving 
     technology that provide bioengineering disclosure 
     information.
       ``(4) Additional disclosure options.--If the Secretary 
     determines in the study conducted under paragraph (1) that 
     consumers, while shopping, would not have sufficient access 
     to the bioengineering disclosure through electronic or 
     digital disclosure methods, the Secretary, after consultation 
     with food retailers and manufacturers, shall provide 
     additional and comparable options to access the 
     bioengineering disclosure.
       ``(d) Disclosure.--In promulgating regulations under this 
     section, the Secretary shall ensure that--
       ``(1) on-package language accompanies--
       ``(A) the electronic or digital link disclosure, indicating 
     that the electronic or digital link will provide access to an 
     Internet website or other landing page by stating only `Scan 
     here for more food information', or equivalent language that 
     only reflects technological changes; or
       ``(B) any telephone number disclosure, indicating that the 
     telephone number will provide access to additional 
     information by stating only `Call for more food 
     information.';
       ``(2) the electronic or digital link will provide access to 
     the bioengineering disclosure located, in a consistent and 
     conspicuous manner, on the first product information page 
     that appears for the product on a mobile device, Internet 
     website, or other landing page, which shall exclude marketing 
     and promotional information;
       ``(3)(A) the electronic or digital link disclosure may not 
     collect, analyze, or sell any personally identifiable 
     information about consumers or the devices of consumers; but
       ``(B) if information described in subparagraph (A) must be 
     collected to carry out the purposes of this subtitle, that 
     information shall be deleted immediately and not used for any 
     other purpose;
       ``(4) the electronic or digital link disclosure also 
     includes a telephone number that provides access to the 
     bioengineering disclosure; and
       ``(5) the electronic or digital link disclosure is of 
     sufficient size to be easily and effectively scanned or read 
     by a digital device.
       ``(e) State Food Labeling Standards.--Notwithstanding 
     section 295, no State or political subdivision of a State may 
     directly or indirectly establish under any authority or 
     continue in effect as to any food in interstate commerce any 
     requirement relating to the labeling or disclosure of whether 
     a food is bioengineered or was developed or produced using 
     bioengineering for a food that is the subject of the national 
     bioengineered food disclosure standard under this section 
     that is not identical to the mandatory disclosure requirement 
     under that standard.
       ``(f) Consistency With Certain Laws.--The Secretary shall 
     consider establishing consistency between--
       ``(1) the national bioengineered food disclosure standard 
     established under this section; and
       ``(2) the Organic Foods Production Act of 1990 (7 U.S.C. 
     6501 et seq.) and any rules or regulations implementing that 
     Act.
       ``(g) Enforcement.--
       ``(1) Prohibited act.--It shall be a prohibited act for a 
     person to knowingly fail to make a disclosure as required 
     under this section.
       ``(2) Recordkeeping.--Each person subject to the mandatory 
     disclosure requirement under this section shall maintain, and 
     make available to the Secretary, on request, such records as 
     the Secretary determines to be customary or reasonable in the 
     food industry, by regulation, to establish compliance with 
     this section.
       ``(3) Examination and audit.--
       ``(A) In general.--The Secretary may conduct an 
     examination, audit, or similar activity with respect to any 
     records required under paragraph (2).
       ``(B) Notice and hearing.--A person subject to an 
     examination, audit, or similar activity under subparagraph 
     (A) shall be provided notice and opportunity for a hearing on 
     the results of any examination, audit, or similar activity.
       ``(C) Audit results.--After the notice and opportunity for 
     a hearing under subparagraph (B), the Secretary shall make 
     public the summary of any examination, audit, or similar 
     activity under subparagraph (A).
       ``(4) Recall authority.--The Secretary shall have no 
     authority to recall any food subject to this subtitle on the 
     basis of whether the food bears a disclosure that the food is 
     bioengineered.

     ``SEC. 294. SAVINGS PROVISIONS.

       ``(a) Trade.--This subtitle shall be applied in a manner 
     consistent with United States obligations under international 
     agreements.
       ``(b) Other Authorities.--Nothing in this subtitle--
       ``(1) affects the authority of the Secretary of Health and 
     Human Services or creates any rights or obligations for any 
     person under the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 301 et seq.); or
       ``(2) affects the authority of the Secretary of the 
     Treasury or creates any rights or obligations for any person 
     under the Federal Alcohol Administration Act (27 U.S.C. 201 
     et seq.).
       ``(c) Other.--A food may not be considered to be `not 
     bioengineered', `non-GMO', or any other similar claim 
     describing the absence of bioengineering in the food solely 
     because the food is not required to bear a disclosure that 
     the food is bioengineered under this subtitle.

                 ``Subtitle F--Labeling of Certain Food

     ``SEC. 295. FEDERAL PREEMPTION.

       ``(a) Definition of Food.--In this subtitle, the term 
     `food' has the meaning given the term in section 201 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
       ``(b) Federal Preemption.--No State or a political 
     subdivision of a State may directly or indirectly establish 
     under any authority or continue in effect as to any food or 
     seed in interstate commerce any requirement relating to the 
     labeling of whether a food (including food served in a 
     restaurant or similar establishment) or seed is genetically 
     engineered (which shall include such other similar terms as 
     determined by the Secretary of Agriculture) or was developed 
     or produced using genetic engineering, including any 
     requirement for claims that a food or seed is or contains an 
     ingredient that was developed or produced using genetic 
     engineering.

[[Page S4736]]

  


     ``SEC. 296. EXCLUSION FROM FEDERAL PREEMPTION.

       ``Nothing in this subtitle, subtitle E, or any regulation, 
     rule, or requirement promulgated in accordance with this 
     subtitle or subtitle E shall be construed to preempt any 
     remedy created by a State or Federal statutory or common law 
     right.''.

     SEC. 2. ORGANICALLY PRODUCED FOOD.

       In the case of a food certified under the national organic 
     program established under the Organic Foods Production Act of 
     1990 (7 U.S.C. 6501 et seq.), the certification shall be 
     considered sufficient to make a claim regarding the absence 
     of bioengineering in the food, such as ``not bioengineered'', 
     ``non-GMO'', or another similar claim.
                                 ______
                                 
  SA 4936. Mr. McConnell proposed an amendment to amendment SA 4935 
proposed by Mr. McConnell (for Mr. Roberts) to the bill S. 764, to 
reauthorize and amend the National Sea Grant College Program Act, and 
for other purposes; as follows:

       At the end, add the following:
       This Act shall take effect 1 day after the date of 
     enactment.
                                 ______
                                 
  SA 4937. Mr. McCONNELL proposed an amendment to the bill S. 764, to 
reauthorize and amend the National Sea Grant College Program Act, and 
for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. NATIONAL BIOENGINEERED FOOD DISCLOSURE STANDARD.

       The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et 
     seq.) is amended by adding at the end the following:

     ``Subtitle E--National Bioengineered Food Disclosure Standard

     ``SEC. 291. DEFINITIONS.

       ``In this subtitle:
       ``(1) Bioengineering.--The term `bioengineering', and any 
     similar term, as determined by the Secretary, with respect to 
     a food, refers to a food--
       ``(A) that contains genetic material that has been modified 
     through in vitro recombinant deoxyribonucleic acid (DNA) 
     techniques; and
       ``(B) for which the modification could not otherwise be 
     obtained through conventional breeding or found in nature.
       ``(2) Food.--The term `food' means a food (as defined in 
     section 201 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 321)) that is intended for human consumption.
       ``(3) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture.

     ``SEC. 292. APPLICABILITY.

       ``(a) In General.--This subtitle shall apply to any claim 
     in a disclosure that a food bears that indicates that the 
     food is a bioengineered food.
       ``(b) Application of Definition.--The definition of the 
     term `bioengineering' under section 291 shall not affect any 
     other definition, program, rule, or regulation of the Federal 
     Government.
       ``(c) Application to Foods.--This subtitle shall apply only 
     to a food subject to--
       ``(1) the labeling requirements under the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or
       ``(2) the labeling requirements under the Federal Meat 
     Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products 
     Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products 
     Inspection Act (21 U.S.C. 1031 et seq.) only if--
       ``(A) the most predominant ingredient of the food would 
     independently be subject to the labeling requirements under 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
     seq.); or
       ``(B)(i) the most predominant ingredient of the food is 
     broth, stock, water, or a similar solution; and
       ``(ii) the second-most predominant ingredient of the food 
     would independently be subject to the labeling requirements 
     under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 
     et seq.).

     ``SEC. 293. ESTABLISHMENT OF NATIONAL BIOENGINEERED FOOD 
                   DISCLOSURE STANDARD.

       ``(a) Establishment of Mandatory Standard.--Not later than 
     2 years after the date of enactment of this subtitle, the 
     Secretary shall--
       ``(1) establish a national mandatory bioengineered food 
     disclosure standard with respect to any bioengineered food 
     and any food that may be bioengineered; and
       ``(2) establish such requirements and procedures as the 
     Secretary determines necessary to carry out the standard.
       ``(b) Regulations.--
       ``(1) In general.--A food may bear a disclosure that the 
     food is bioengineered only in accordance with regulations 
     promulgated by the Secretary in accordance with this 
     subtitle.
       ``(2) Requirements.--A regulation promulgated by the 
     Secretary in carrying out this subtitle shall--
       ``(A) prohibit a food derived from an animal to be 
     considered a bioengineered food solely because the animal 
     consumed feed produced from, containing, or consisting of a 
     bioengineered substance;
       ``(B) determine the amounts of a bioengineered substance 
     that may be present in food, as appropriate, in order for the 
     food to be a bioengineered food;
       ``(C) establish a process for requesting and granting a 
     determination by the Secretary regarding other factors and 
     conditions under which a food is considered a bioengineered 
     food;
       ``(D) in accordance with subsection (d), require that the 
     form of a food disclosure under this section be a text, 
     symbol, or electronic or digital link, but excluding Internet 
     website Uniform Resource Locators not embedded in the link, 
     with the disclosure option to be selected by the food 
     manufacturer;
       ``(E) provide alternative reasonable disclosure options for 
     food contained in small or very small packages;
       ``(F) in the case of small food manufacturers, provide--
       ``(i) an implementation date that is not earlier than 1 
     year after the implementation date for regulations 
     promulgated in accordance with this section; and
       ``(ii) on-package disclosure options, in addition to those 
     available under subparagraph (D), to be selected by the small 
     food manufacturer, that consist of--

       ``(I) a telephone number accompanied by appropriate 
     language to indicate that the phone number provides access to 
     additional information; and
       ``(II) an Internet website maintained by the small food 
     manufacturer in a manner consistent with subsection (d), as 
     appropriate; and

       ``(G) exclude--
       ``(i) food served in a restaurant or similar retail food 
     establishment; and
       ``(ii) very small food manufacturers.
       ``(3) Safety.--For the purpose of regulations promulgated 
     and food disclosures made pursuant to paragraph (2), a 
     bioengineered food that has successfully completed the pre-
     market Federal regulatory review process shall not be treated 
     as safer than, or not as safe as, a non-bioengineered 
     counterpart of the food solely because the food is 
     bioengineered or produced or developed with the use of 
     bioengineering.
       ``(c) Study of Electronic or Digital Link Disclosure.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this subtitle, the Secretary shall conduct a 
     study to identify potential technological challenges that may 
     impact whether consumers would have access to the 
     bioengineering disclosure through electronic or digital 
     disclosure methods.
       ``(2) Public comments.--In conducting the study under 
     paragraph (1), the Secretary shall solicit and consider 
     comments from the public.
       ``(3) Factors.--The study conducted under paragraph (1) 
     shall consider whether consumer access to the bioengineering 
     disclosure through electronic or digital disclosure methods 
     under this subtitle would be affected by the following 
     factors:
       ``(A) The availability of wireless Internet or cellular 
     networks.
       ``(B) The availability of landline telephones in stores.
       ``(C) Challenges facing small retailers and rural 
     retailers.
       ``(D) The efforts that retailers and other entities have 
     taken to address potential technology and infrastructure 
     challenges.
       ``(E) The costs and benefits of installing in retail stores 
     electronic or digital link scanners or other evolving 
     technology that provide bioengineering disclosure 
     information.
       ``(4) Additional disclosure options.--If the Secretary 
     determines in the study conducted under paragraph (1) that 
     consumers, while shopping, would not have sufficient access 
     to the bioengineering disclosure through electronic or 
     digital disclosure methods, the Secretary, after consultation 
     with food retailers and manufacturers, shall provide 
     additional and comparable options to access the 
     bioengineering disclosure.
       ``(d) Disclosure.--In promulgating regulations under this 
     section, the Secretary shall ensure that--
       ``(1) on-package language accompanies--
       ``(A) the electronic or digital link disclosure, indicating 
     that the electronic or digital link will provide access to an 
     Internet website or other landing page by stating only `Scan 
     here for more food information', or equivalent language that 
     only reflects technological changes; or
       ``(B) any telephone number disclosure, indicating that the 
     telephone number will provide access to additional 
     information by stating only `Call for more food 
     information.';
       ``(2) the electronic or digital link will provide access to 
     the bioengineering disclosure located, in a consistent and 
     conspicuous manner, on the first product information page 
     that appears for the product on a mobile device, Internet 
     website, or other landing page, which shall exclude marketing 
     and promotional information;
       ``(3)(A) the electronic or digital link disclosure may not 
     collect, analyze, or sell any personally identifiable 
     information about consumers or the devices of consumers; but
       ``(B) if information described in subparagraph (A) must be 
     collected to carry out the purposes of this subtitle, that 
     information shall be deleted immediately and not used for any 
     other purpose;
       ``(4) the electronic or digital link disclosure also 
     includes a telephone number that provides access to the 
     bioengineering disclosure; and
       ``(5) the electronic or digital link disclosure is of 
     sufficient size to be easily and effectively scanned or read 
     by a digital device.
       ``(e) State Food Labeling Standards.--Notwithstanding 
     section 295, no State or political subdivision of a State may 
     directly or

[[Page S4737]]

     indirectly establish under any authority or continue in 
     effect as to any food in interstate commerce any requirement 
     relating to the labeling or disclosure of whether a food is 
     bioengineered or was developed or produced using 
     bioengineering for a food that is the subject of the national 
     bioengineered food disclosure standard under this section 
     that is not identical to the mandatory disclosure requirement 
     under that standard.
       ``(f) Consistency With Certain Laws.--The Secretary shall 
     consider establishing consistency between--
       ``(1) the national bioengineered food disclosure standard 
     established under this section; and
       ``(2) the Organic Foods Production Act of 1990 (7 U.S.C. 
     6501 et seq.) and any rules or regulations implementing that 
     Act.
       ``(g) Enforcement.--
       ``(1) Prohibited act.--It shall be a prohibited act for a 
     person to knowingly fail to make a disclosure as required 
     under this section.
       ``(2) Recordkeeping.--Each person subject to the mandatory 
     disclosure requirement under this section shall maintain, and 
     make available to the Secretary, on request, such records as 
     the Secretary determines to be customary or reasonable in the 
     food industry, by regulation, to establish compliance with 
     this section.
       ``(3) Examination and audit.--
       ``(A) In general.--The Secretary may conduct an 
     examination, audit, or similar activity with respect to any 
     records required under paragraph (2).
       ``(B) Notice and hearing.--A person subject to an 
     examination, audit, or similar activity under subparagraph 
     (A) shall be provided notice and opportunity for a hearing on 
     the results of any examination, audit, or similar activity.
       ``(C) Audit results.--After the notice and opportunity for 
     a hearing under subparagraph (B), the Secretary shall make 
     public the summary of any examination, audit, or similar 
     activity under subparagraph (A).
       ``(4) Recall authority.--The Secretary shall have no 
     authority to recall any food subject to this subtitle on the 
     basis of whether the food bears a disclosure that the food is 
     bioengineered.

     ``SEC. 294. SAVINGS PROVISIONS.

       ``(a) Trade.--This subtitle shall be applied in a manner 
     consistent with United States obligations under international 
     agreements.
       ``(b) Other Authorities.--Nothing in this subtitle--
       ``(1) affects the authority of the Secretary of Health and 
     Human Services or creates any rights or obligations for any 
     person under the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 301 et seq.); or
       ``(2) affects the authority of the Secretary of the 
     Treasury or creates any rights or obligations for any person 
     under the Federal Alcohol Administration Act (27 U.S.C. 201 
     et seq.).
       ``(c) Other.--A food may not be considered to be `not 
     bioengineered', `non-GMO', or any other similar claim 
     describing the absence of bioengineering in the food solely 
     because the food is not required to bear a disclosure that 
     the food is bioengineered under this subtitle.

                 ``Subtitle F--Labeling of Certain Food

     ``SEC. 295. FEDERAL PREEMPTION.

       ``(a) Definition of Food.--In this subtitle, the term 
     `food' has the meaning given the term in section 201 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
       ``(b) Federal Preemption.--No State or a political 
     subdivision of a State may directly or indirectly establish 
     under any authority or continue in effect as to any food or 
     seed in interstate commerce any requirement relating to the 
     labeling of whether a food (including food served in a 
     restaurant or similar establishment) or seed is genetically 
     engineered (which shall include such other similar terms as 
     determined by the Secretary of Agriculture) or was developed 
     or produced using genetic engineering, including any 
     requirement for claims that a food or seed is or contains an 
     ingredient that was developed or produced using genetic 
     engineering.

     ``SEC. 296. EXCLUSION FROM FEDERAL PREEMPTION.

       ``Nothing in this subtitle, subtitle E, or any regulation, 
     rule, or requirement promulgated in accordance with this 
     subtitle or subtitle E shall be construed to preempt any 
     remedy created by a State or Federal statutory or common law 
     right.''.

     SEC. 2. ORGANICALLY PRODUCED FOOD.

       In the case of a food certified under the national organic 
     program established under the Organic Foods Production Act of 
     1990 (7 U.S.C. 6501 et seq.), the certification shall be 
     considered sufficient to make a claim regarding the absence 
     of bioengineering in the food, such as ``not bioengineered'', 
     ``non-GMO'', or another similar claim.
       This Act shall take effect 2 days after the date of 
     enactment.
                                 ______
                                 
  SA 4938. Mr. McCONNELL proposed an amendment to amendment SA 4937 
proposed by Mr. McCONNELL to the bill S. 764, to reauthorize and amend 
the National Sea Grant College Program Act, and for other purposes; as 
follows:

       At the end, add the following:
       This Act shall take effect 3 days after the date of 
     enactment.
                                 ______
                                 
  SA 4939. Mr. McCONNELL proposed an amendment to amendment SA 4938 
proposed by Mr. McCONNELL to the amendment SA 4937 proposed by Mr. 
McCONNELL to the bill S. 764, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; as follows:

       Strike ``3 days'' and insert ``4 days''.
                                 ______
                                 
  SA 4940. Mrs. FISCHER (for herself, Mr. Booker, Mr. Nelson, Mr. 
Thune, Mr. Sullivan, Ms. Cantwell, Mr. Wicker, and Mr. Schatz) proposed 
an amendment to the bill S. 2829, to amend and enhance certain maritime 
programs of the Department of Transportation, and for other purposes; 
as follows:

       Strike all after the enacting clause and insert the 
     following:

     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.

[[Page S4738]]

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

[[Page S4739]]

       ``(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.

[[Page S4740]]

       (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

[[Page S4741]]

     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--

[[Page S4742]]

       (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.

[[Page S4743]]

  


     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

[[Page S4744]]

       (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

[[Page S4745]]

     (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

[[Page S4746]]

     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

[[Page S4747]]

     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:

[[Page S4748]]

  


     ``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

[[Page S4749]]

       (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

[[Page S4750]]

       (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.''.
                                 ______
                                 
  SA 4941. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 764, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end, add the following:
       This Act shall take effect 2 days after the date of 
     enactment.
                                 ______
                                 
  SA 4942. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 764, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end, add the following:
       This Act shall take effect 3 days after the date of 
     enactment.
                                 ______
                                 
  SA 4943. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 764, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end, add the following:
       This Act shall take effect 4 days after the date of 
     enactment.
                                 ______
                                 
  SA 4944. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 764, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       Strike ``2'' and insert ``3''.
                                 ______
                                 
  SA 4945. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 764, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       Strike ``3 days'' and insert ``4 days''.
                                 ______
                                 
  SA 4946. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 764, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       Strike ``4'' and insert ``5''.

                          ____________________