[Congressional Record Volume 162, Number 105 (Wednesday, June 29, 2016)]
[Senate]
[Pages S4752-S4769]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MARITIME ADMINISTRATION AUTHORIZATION AND ENHANCEMENT ACT FOR FISCAL
YEAR 2017
Mr. SASSE. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 517, S. 2829.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 2829) to amend and enhance certain maritime
programs of the Department of Transportation, and for other
purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Commerce, Science, and
Transportation, with an amendment to strike all after the enacting
clause and insert in lieu thereof 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.
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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. Use of State academy training vessels.
Sec. 304. State maritime academy physical standards and reporting.
Sec. 305. Authority to extend certain age restrictions relating to
vessels participating in the maritime security fleet.
Sec. 306. Appointments.
Sec. 307. High-speed craft classification services.
Sec. 308. Maritime workforce working group.
Sec. 309. Vessel disposal program.
Sec. 310. Maritime extreme weather task force.
Sec. 311. Penalty wages.
Sec. 312. Recourse for noncitizens.
Sec. 313. Floating dry docks.
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. Authority for polar icebreaker acquisition.
Sec. 604. Polar icebreaker recapitalization plan.
Sec. 605. GAO report icebreaking capability in the United States.
TITLE VII--VESSEL INCIDENTAL DISCHARGE ACT
Sec. 701. Short title.
Sec. 702. Findings; purpose.
Sec. 703. Definitions.
Sec. 704. Regulation and enforcement.
Sec. 705. Uniform national standards and requirements for the
regulation of discharges incidental to the normal
operation of a vessel.
Sec. 706. Treatment technology certification.
Sec. 707. Exemptions.
Sec. 708. Alternative compliance program.
Sec. 709. Judicial review.
Sec. 710. Effect on State authority.
Sec. 711. Application with other statutes.
Sec. 712. Relationship to other laws.
Sec. 713. Savings provision.
TITLE VIII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION SEXUAL
HARASSMENT AND ASSAULT PREVENTION ACT
Sec. 801. Short title.
Subtitle A--Sexual Harassment and Assault Prevention at the National
Oceanic and Atmospheric Administration
Sec. 811. Actions to address sexual harassment at National Oceanic and
Atmospheric Administration.
Sec. 812. Actions to address sexual assault at National Oceanic and
Atmospheric Administration.
Sec. 813. Rights of the victim of a sexual assault.
Sec. 814. Change of station.
Sec. 815. Applicability of policies to crews of vessels secured by
National Oceanic and Atmospheric Administration under
contract.
Sec. 816. Annual report on sexual assaults in the National Oceanic and
Atmospheric Administration.
Sec. 817. Definition.
Subtitle B--Commissioned Officer Corps of the National Oceanic and
Atmospheric Administration
Sec. 820. References to National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002.
PART I--General Provisions
Sec. 821. Strength and distribution in grade.
Sec. 822. Recalled officers.
Sec. 823. Obligated service requirement.
Sec. 824. Training and physical fitness.
Sec. 825. Recruiting materials.
Sec. 826. Charter vessel safety policy.
Sec. 827. Technical correction.
PART II--Parity and Recruitment
Sec. 831. Education loans.
Sec. 832. Interest payments.
Sec. 833. Student pre-commissioning program.
Sec. 834. Limitation on educational assistance.
Sec. 835. 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. 836. Applicability of certain provisions of title 37, United
States Code.
Sec. 837. Legion of Merit award.
Sec. 838. Prohibition on retaliatory personnel actions.
Sec. 839. Penalties for wearing uniform without authority.
Sec. 840. Application of certain provisions of competitive service law.
Sec. 841. Employment and reemployment rights.
Sec. 842. Treatment of commission in commissioned officer corps for
purposes of certain hiring decisions.
Sec. 843. Direct hire authority.
PART III--Appointments and Promotion of Officers
Sec. 851. Appointments.
Sec. 852. Personnel boards.
Sec. 853. Delegation of authority.
Sec. 854. Assistant Administrator of the Office of Marine and Aviation
Operations.
Sec. 855. Temporary appointments.
Sec. 856. Officer candidates.
Sec. 857. Procurement of personnel.
PART IV--Separation and Retirement of Officers
Sec. 861. Involuntary retirement or separation.
Sec. 862. Separation pay.
Subtitle C--Hydrographic Services
Sec. 871. 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--
[[Page S4754]]
``(A) a program to promote awareness of the incidence of
rape, acquaintance rape, and other sexual offenses of a
criminal nature that involve cadets or other Academy
personnel;
``(B) procedures that a cadet should follow in the case of
an occurrence of sexual harassment or sexual assault,
including--
``(i) specifying the person or persons to whom an alleged
occurrence of sexual harassment or sexual assault should be
reported by a cadet and the options for confidential
reporting;
``(ii) specifying any other person whom the victim should
contact; and
``(iii) procedures on the preservation of evidence
potentially necessary for proof of criminal sexual assault;
``(C) a procedure for disciplinary action in cases of
alleged criminal sexual assault involving a cadet or other
Academy personnel;
``(D) any other sanction authorized to be imposed in a
substantiated case of sexual harassment or sexual assault
involving a cadet or other Academy personnel in rape,
acquaintance rape, or any other criminal sexual offense,
whether forcible or nonforcible; and
``(E) required training on the policy for all cadets and
other Academy personnel, including the specific training
required for personnel who process allegations of sexual
harassment or sexual assault involving Academy personnel.
``(3) Availability of policy.--The Secretary shall ensure
that the policy developed under this subsection is available
to--
``(A) all cadets and employees of the Academy; and
``(B) the public.
``(4) Consultation and assistance.--In developing the
policy under this subsection, the Secretary may consult or
receive assistance from such Federal, State, local, and
national organizations and subject matter experts as the
Secretary considers appropriate.
``(b) Development Program.--
``(1) In general.--The Secretary of Transportation shall
ensure that the development program of the United States
Merchant Marine Academy includes a section that--
``(A) describes the relationship between honor, respect,
and character development and the prevention of sexual
harassment and sexual assault at the Academy; and
``(B) includes a brief history of the problem of sexual
harassment and sexual assault in the merchant marine, in the
Armed Forces, and at the Academy; and
``(C) includes information relating to reporting sexual
harassment and sexual assault, victims' rights, and dismissal
for offenders.
``(2) Training.--The Superintendent of the Academy shall
ensure that all cadets receive the training described in
paragraph (1)--
``(A) not later than 7 days after their initial arrival at
the Academy; and
``(B) biannually thereafter until they graduate or leave
the Academy.
``(c) Annual Assessment.--
``(1) In general.--The Secretary of Transportation, in
cooperation with the Superintendent of the Academy, shall
conduct an assessment at the Academy during each Academy
program year to determine the effectiveness of the policies,
procedures, and training of the Academy with respect to
sexual harassment and sexual assault involving cadets or
other Academy personnel.
``(2) Biennial survey.--For each assessment of the Academy
under paragraph (1) during an Academy program year that
begins in an odd-numbered calendar year, the Secretary shall
conduct a survey of cadets and other Academy personnel--
``(A) to measure--
``(i) the incidence, during that program year, of sexual
harassment and sexual assault events, on or off the Academy
campus, that have been reported to officials of the Academy;
and
``(ii) the incidence, during that program year, of sexual
harassment and sexual assault events, on or off the Academy
campus, that have not been reported to officials of the
Academy; and
``(B) to assess the perceptions of cadets and other Academy
personnel on--
``(i) the policies, procedures, and training on sexual
harassment and sexual assault involving cadets or Academy
personnel;
``(ii) the enforcement of the policies described in clause
(i);
``(iii) the incidence of sexual harassment and sexual
assault involving cadets or Academy personnel; and
``(iv) any other issues relating to sexual harassment and
sexual assault involving cadets or Academy personnel.
``(3) Focus groups for years when survey not required.--In
any year in which the Secretary of Transportation is not
required to conduct the survey described in paragraph (2),
the Secretary shall conduct focus groups at the Academy for
the purposes of ascertaining information relating to sexual
assault and sexual harassment issues at the Academy.
``(d) Annual Report.--
``(1) In general.--The Superintendent of the Academy shall
submit a report to the Secretary of Transportation that
provides information about sexual harassment and sexual
assault involving cadets or other personnel at the Academy
for each Academy program year.
``(2) Contents.--Each report submitted under paragraph (1)
shall include, for the Academy program year covered by the
report--
``(A) the number of sexual assaults, rapes, and other
sexual offenses involving cadets or other Academy personnel
that have been reported to Academy officials;
``(B) the number of the reported cases described in
subparagraph (A) that have been substantiated;
``(C) the policies, procedures, and training implemented by
the Superintendent and the leadership of the Academy in
response to sexual harassment and sexual assault involving
cadets or other Academy personnel; and
``(D) a plan for the actions that will be taken in the
following Academy program year regarding prevention of, and
response to, sexual harassment and sexual assault involving
cadets or other Academy personnel.
``(3) Survey and focus group results.--
``(A) Survey results.--Each report under paragraph (1) for
an Academy program year that begins in an odd-numbered
calendar year shall include the results of the survey
conducted in that program year under subsection (c)(2).
``(B) Focus group results.--Each report under paragraph (1)
for an Academy program year in which the Secretary of
Transportation is not required to conduct the survey
described (c)(2) shall include the results of the focus group
conducted in that program year under subsection (c)(3).
``(4) Reporting requirement.--
``(A) By the superintendent.--For each incident of sexual
harassment or sexual assault reported to the Superintendent
under this subsection, the Superintendent shall provide the
Secretary of Transportation and the Board of Visitors of the
Academy with a report that includes--
``(i) the facts surrounding the incident, except for any
details that would reveal the identities of the people
involved; and
``(ii) the Academy's response to the incident.
``(B) By the secretary.--The Secretary shall submit a copy
of each report received under subparagraph (A) and the
Secretary's comments on the report to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives.''.
(b) Clerical Amendment.--The table of sections for chapter
513 of title 46, United States Code, is amended by adding at
the end the following:
``51318. Policy on sexual harassment and sexual assault.''.
SEC. 202. SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL
ASSAULT VICTIM ADVOCATES.
(a) Coordinators and Advocates.--Chapter 513 of title 46,
United States Code, as amended by section 201, is further
amended by adding at the end the following:
``Sec. 51319. Sexual assault response coordinators and sexual
assault victim advocates
``(a) Sexual Assault Response Coordinators.--The United
States Merchant Marine Academy shall employ or contract with
at least 1 full-time sexual assault response coordinator who
shall reside on or near the Academy. The Secretary of
Transportation may assign additional full-time or part-time
sexual assault response coordinators at the Academy as may be
necessary.
``(b) Volunteer Sexual Assault Victim Advocates.--
``(1) In general.--The Secretary of Transportation, acting
through the Superintendent of the United States Merchant
Marine Academy, shall designate 1 or more permanent employees
who volunteer to serve as advocates for victims of sexual
assaults involving--
``(A) cadets of the Academy; or
``(B) individuals who work with or conduct business on
behalf of the Academy.
``(2) Training; other duties.--Each victim advocate
designated under this subsection shall--
``(A) have or receive training in matters relating to
sexual assault and the comprehensive policy developed under
section 51318 of title 46, United States Code, as added by
section 201; 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
[[Page S4755]]
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;
(4) a subject matter expert from the Coast Guard;
(5) a subject matter expert from the Military Sealift
Command;
(6) at least 1 representative from each of the State
maritime academies;
(7) at least 1 representative from each private contracting
party participating in the maritime security program;
(8) at least 1 representative from each nonprofit labor
organization representing a class or craft of employees
employed on vessels in the Maritime Security Fleet;
(9) at least 2 representatives from approved maritime
training institutions; and
(10) at least 1 representative from companies that--
(A) participate in sea training of Academy cadets; and
(B) do not participate in the maritime security program.
(c) No Quorum Requirement.--The Maritime Administration may
convene the working group without all members present.
(d) Responsibilities.--The working group shall--
(1) evaluate options that could promote a climate of honor
and respect, and a culture that is intolerant of sexual
harassment and sexual assault and those who commit it, across
the United States Flag Fleet;
(2) raise awareness of the United States Merchant Marine
Academy's sexual assault prevention and response program
across the United States Flag Fleet;
(3) assess options that could be implemented by the United
States Flag Fleet that would remove any barriers to the
reporting of sexual harassment and sexual assault response
that occur during a Cadet's Sea Year experience and protect
the victim's confidentiality;
(4) assess a potential program or policy, applicable to all
participants of the maritime security program, to improve the
prevention of, and response to, sexual harassment and sexual
assault incidents;
(5) assess a potential program or policy, applicable to all
vessels operating in the United States Flag Fleet that
participate in the Maritime Security Fleet under section
53101 of title 46, United States Code, which carry cargos to
which chapter 531 of such title applies, or are chartered by
a Federal agency, requiring crews to complete a sexual
harassment and sexual assault prevention and response
training program before the Cadet's Sea Year that includes--
(A) fostering a shipboard climate--
(i) that does not tolerate sexual harassment and sexual
assault;
(ii) in which persons assigned to vessel crews are
encouraged to intervene to prevent potential incidents of
sexual harassment or sexual assault; and
(iii) that encourages victims of sexual assault to report
any incident of sexual harassment or sexual assault; and
(B) understanding the needs of, and the resources available
to, a victim after an incident of sexual harassment or sexual
assault;
(6) assess whether the United States Merchant Marine
Academy should continue with sea year training on privately
owned vessels or change its curricula to provide alternative
training; and
(7) assess how vessel operators could ensure the
confidentiality of a report of sexual harassment or sexual
assault in order to protect the victim and prevent
retribution.
(e) Report.--Not later than 15 months after the date of the
enactment of this Act, the working group shall submit a
report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that includes--
(1) recommendations on each of the working group's
responsibilities described in subsection (d);
(2) the trade-offs, opportunities, and challenges
associated with the recommendations made in paragraph (1);
and
(3) any other information the working group determines
appropriate.
TITLE III--MARITIME ADMINISTRATION ENHANCEMENT
SEC. 301. STATUS OF NATIONAL DEFENSE RESERVE FLEET VESSELS.
Section 4405 of title 50, United States Code, is amended--
(1) in subsection (a), by adding at the end the following:
``Vessels in the National Defense Reserve Fleet, including
vessels loaned to State maritime academies, shall be
considered public vessels of the United States.''; and
(2) by adding at the end the following:
``(g) Vessel Status.--Ships or other watercraft in the
National Defense Reserve Fleet determined by the Maritime
Administration to be of insufficient value to remain in the
National Defense Reserve Fleet--
``(1) shall remain vessels (as defined in section 3 of
title 1); and
``(2) shall remain subject to the rights and
responsibilities of a vessel under admiralty law until such
time as the vessel is delivered to a dismantling facility or
is otherwise disposed of from the National Defense Reserve
Fleet.''.
SEC. 302. PORT INFRASTRUCTURE DEVELOPMENT.
Section 50302(c)(4) of title 46, United States Code, is
amended--
(1) by striking ``There are authorized'' and inserting the
following:
``(A) In general.--There are authorized''; and
(2) by adding at the end the following:
``(B) Administrative expenses.--Except as otherwise
provided by law, the Administrator may use not more than 3
percent of the amounts appropriated to carry out this section
for the administrative expenses of the program.''.
SEC. 303. USE OF STATE ACADEMY TRAINING VESSELS.
Section 51504(g) of title 46, United States Code, is
amended to read as follows:
``(g) Vessel Sharing.--The Secretary, after consulting with
the affected State maritime academies, may implement a
program requiring a State maritime academy to share its
training vessel with another State maritime academy if the
vessel of another State maritime academy--
``(1) is being used during a humanitarian assistance or
disaster response activity;
``(2) is incapable of being maintained in good repair as
required under section 51504(c) of title 46, United States
Code;
``(3) requires maintenance or repair for an extended
period;
``(4) is activated as a National Defense Reserve Fleet
vessel pursuant to section 4405 of title 50, United States
Code;
``(5) loses its Coast Guard Certificate of Inspection or
its classification; or
``(6) does not comply with applicable environmental
regulations.''.
SEC. 304. 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. 305. 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:
[[Page S4756]]
``(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. 306. 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. 307. 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) of this section.
SEC. 308. MARITIME WORKFORCE WORKING GROUP.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Transportation
shall convene a working group to examine and assess the size
of the pool of citizen mariners necessary to support the
United States Flag Fleet in times of national emergency.
(b) Membership.--The Maritime Administrator shall designate
individuals to serve as members of the working group convened
under subsection (a). The working group shall include, at a
minimum, the following members:
(1) At least 1 representative of the Maritime
Administration, who shall serve as chairperson of the working
group.
(2) At least 1 subject matter expert from the United States
Merchant Marine Academy.
(3) At least 1 subject matter expert from the Coast Guard.
(4) At least 1 subject matter expert from the Military
Sealift Command.
(5) 1 subject matter expert from each of the State maritime
academies.
(6) At least 1 representative from each nonprofit labor
organization representing a class or craft of employees
(licensed or unlicensed) who are employed on vessels
operating in the United States Flag Fleet.
(7) At least 4 representatives of owners of vessels
operating the in United States Flag Fleet, or their private
contracting parties, which are primarily operating in non-
contiguous or coastwise trades.
(8) At least 4 representatives of owners of vessels
operating the in United States Flag Fleet, or their private
contracting parties, which are primarily operating in
international transportation.
(c) No Quorum Requirement.--The Maritime Administration may
convene the working group without all members present.
(d) Responsibilities.--The working group shall--
(1) identify the number of United States citizen mariners--
(A) in total;
(B) that have a valid United States Coast Guard merchant
mariner credential with the necessary endorsements for
service on unlimited tonnage vessels subject to the
International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as
amended;
(C) that are involved in Federal programs that support the
United States Merchant Marine and United States Flag Fleet;
(D) that are available to crew the United States Flag Fleet
and the surge sealift fleet in times of a national emergency;
(E) that are full-time mariners;
(F) that have sailed in the prior 18 months; and
(G) that are primarily operating in non-contiguous or
coastwise trades;
(2) assess the impact on the United States Merchant Marine
and United States Merchant Marine Academy if graduates from
State maritime academies and the United States Merchant
Marine Academy were assigned to, or required to fulfill,
certain maritime positions based on the overall needs of the
United States Merchant Marine;
(3) assess the Coast Guard Merchant Mariner Licensing and
Documentation System, which tracks merchant mariner
credentials and medical certificates, and its accessibility
and value to the Maritime Administration for the purposes of
evaluating the pool of United States citizen mariners; and
(4) make recommendations to enhance the availability and
quality of interagency data, including data from the United
States Transportation Command, the Coast Guard, and the
Bureau of Transportation Statistics, for use by the Maritime
Administration for evaluating the pool of United States
citizen mariners.
(e) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Transportation shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that contains the results of the study
conducted under this section, including--
(1) the number of United States citizen mariners identified
for each category described in subparagraphs (A) through (G)
of subsection (d)(1);
(2) the results of the assessments conducted under
paragraphs (2) and (3) of subsection (d); and
(3) the recommendations made under subsection (d)(4).
SEC. 309. 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. 310. 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'').
[[Page S4757]]
(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.
SEC. 311. PENALTY WAGES.
(a) Foreign and Intercoastal Voyages.--Section 10313(g) of
title 46, United States Code, is amended--
(1) in paragraph (2)--
(A) by striking ``all claims in a class action suit by
seamen'' and inserting ``each claim by a seaman''; and
(B) by striking ``the seamen'' and inserting ``the
seaman''; and
(2) in paragraph (3)--
(A) by striking ``class action''; and
(B) in subparagraph (B), by striking ``, by a seaman who is
a claimant in the suit,'' and inserting ``by the seaman''.
(b) Coastwise Voyages.--Section 10504(c) of such title is
amended--
(1) in paragraph (2)--
(A) by striking ``all claims in a class action suit by
seamen'' and inserting ``each claim by a seaman''; and
(B) by striking ``the seamen'' and inserting ``the
seaman''; and
(2) in paragraph (3)--
(A) by striking ``class action''; and
(B) in subparagraph (B), by striking ``, by a seaman who is
a claimant in the suit,'' and inserting ``by the seaman''.
SEC. 312. RECOURSE FOR NONCITIZENS.
Section 30104 of title 46, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before the first
sentence; and
(2) by adding at the end the following:
``(b) Restriction on Recovery for Nonresident Aliens
Employed on Foreign Passenger Vessels.--A claim for damages
or expenses relating to personal injury, illness, or death of
a seaman who is a citizen of a foreign nation, arising during
or from the engagement of the seaman by or for a passenger
vessel duly registered under the laws of a foreign nation,
may not be brought under the laws of the United States if--
``(1) such seaman was not a permanent resident alien of the
United States at the time the claim arose;
``(2) the injury, illness, or death arose outside the
territorial waters of the United States; and
``(3) the seaman or the seaman's personal representative
has or had a right to seek compensation for the injury,
illness, or death in, or under the laws of--
``(A) the nation in which the vessel was registered at the
time the claim arose; or
``(B) the nation in which the seaman maintained citizenship
or residency at the time the claim arose.
``(c) Compensation Defined.--As used in subsection (b), the
term `compensation' means--
``(1) a statutory workers' compensation remedy that
complies with Standard A4.2 of Regulation 4.2 of the Maritime
Labour Convention, 2006; or
``(2) in the absence of the remedy described in paragraph
(1), a legal remedy that complies with Standard A4.2 of
Regulation 4.2 of the Maritime Labour Convention, 2006, that
permits recovery for lost wages, pain and suffering, and
future medical expenses.''.
SEC. 313. FLOATING DRY DOCKS.
Section 55122(a)(1)(C) of title 46, United States Code, is
amended by striking ``the date of the enactment of the Carl
Levin and Howard P. `Buck' McKeon National Defense
Authorization Act for Fiscal Year 2015'' and inserting
``December 19, 2017''.
TITLE IV--IMPLEMENTATION OF WORKFORCE MANAGEMENT IMPROVEMENTS
SEC. 401. WORKFORCE PLANS AND ONBOARDING POLICIES.
(a) Workforce Plans.--Not later than 9 months after the
date of the enactment of this Act, the Maritime Administrator
shall review the Maritime Administration's workforce plans,
including its Strategic Human Capital Plan and Leadership
Succession Plan, and fully implement competency models for
mission-critical occupations, including--
(1) leadership positions;
(2) human resources positions; and
(3) transportation specialist positions.
(b) Onboarding Policies.--Not later than 9 months after the
date of the enactment of this Act, the Administrator shall--
(1) review the Maritime Administration's policies related
to new hire orientation, training, and misconduct policies;
(2) align the onboarding policies and procedures at
headquarters and the field offices to ensure consistent
implementation and provision of critical information across
the Maritime Administration; and
(3) update the Maritime Administration's training policies
and training systems to include controls that ensure that all
completed training is tracked in a standardized training
repository.
(c) Onboarding Policies.--Not later than 1 year after the
date of the enactment of this Act, the Administrator shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that describes the Maritime Administration's
compliance with the requirements under this section.
SEC. 402. DRUG AND ALCOHOL POLICY.
(a) Review.--Not later than 9 months after the date of the
enactment of this Act, the Maritime Administrator shall--
(1) review the Maritime Administration's drug and alcohol
policies, procedures, and training practices;
(2) ensure that all fleet managers have received training
on the Department of Transportation's drug and alcohol
policy, including the testing procedures used by the
Department and the Maritime Administration in cases of
reasonable suspicion; and
(3) institute a system for tracking all drug and alcohol
policy training conducted under paragraph (2) in a
standardized training repository.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall submit a
report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that describes the Maritime Administration's
compliance with the requirements under this section.
SEC. 403. VESSEL TRANSFERS.
Not later than 9 months after the date of the enactment of
this Act, the Maritime Administrator shall submit a report to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives that describes the policies
and procedures for vessel transfer, including--
(1) a summary of the actions taken to update the Vessel
Transfer Office procedures manual to reflect the current
range of program responsibilities and processes; and
(2) a copy of the updated Vessel Transfer Office procedures
to process vessel transfer applications.
TITLE V--TECHNICAL AMENDMENTS
SEC. 501. CLARIFYING AMENDMENT; CONTINUATION BOARDS.
Section 290(a) of title 14, United States Code, is amended
by striking ``five officers serving in the grade of vice
admiral'' and inserting ``5 officers (other than the
Commandant) serving in the grade of admiral or vice
admiral''.
SEC. 502. PROSPECTIVE PAYMENT OF FUNDS NECESSARY TO PROVIDE
MEDICAL CARE.
(a) In General.--Chapter 13 of title 14, United States
Code, is amended by adding at the end the following:
``Sec. 520. Prospective payment of funds necessary to provide
medical care
``(a) Prospective Payment Required.--In lieu of the
reimbursement required under section 1085 of title 10, the
Secretary of Homeland Security shall make a prospective
payment to the Secretary of Defense of an amount that
represents the actuarial valuation of treatment or care--
``(1) that the Department of Defense shall provide to
members of the Coast Guard, former members of the Coast
Guard, and dependents of such members and former members
(other than former members and dependents of former members
who are a Medicare-eligible beneficiary or for whom the
payment for treatment or care is made from the Medicare-
Eligible Retiree Health Care Fund) at facilities under the
jurisdiction of the Department of Defense or a military
department; and
``(2) for which a reimbursement would otherwise be made
under such section 1085.
``(b) Amount.--The amount of the prospective payment under
subsection (a)--
``(1) shall be derived from amounts appropriated for the
operating expenses of the Coast Guard for treatment or care
provided to members of the Coast Guard and their dependents;
``(2) shall be derived from amounts appropriated for
retired pay for treatment or care provided to former members
of the Coast Guard and their dependents;
``(3) shall be determined under procedures established by
the Secretary of Defense;
``(4) shall be paid during the fiscal year in which
treatment or care is provided; and
[[Page S4758]]
``(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 shall 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. AUTHORITY FOR POLAR ICEBREAKER ACQUISITION.
(a) Authority.--The Secretary is authorized to carry out
design and construction activities for the acquisition of new
heavy polar icebreakers.
(b) Authority for Advance Procurement.--The Secretary is
authorized to enter into one or more contracts for advance
procurement associated with the activities described in
subsection (a), including procurement of systems and
equipment.
(c) Interagency Financing.--The Secretary is authorized to
participate in interagency financing, including receiving
appropriated funds from other agencies or departments of the
United States, to carry out this section.
(d) Authorization of Appropriations.--Of the amounts
authorized to be appropriated for fiscal year 2017 under
section 2702(2) of title 14, United States Code, $150,000,000
are authorized to be available to the Secretary to carry out
this section.
SEC. 604. 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 by subsection (a) shall--
(1) detail the number of heavy and medium polar icebreakers
required to meet Coast Guard statutory missions in the polar
regions;
(2) identify the vessel specifications, capabilities,
systems, equipment, and other details required for the design
of heavy polar icebreakers capable of fulfilling the mission
requirements of the Coast Guard and the Navy, and the
requirements of other agencies and department of the United
States, as the Secretary determines appropriate;
(3) list the specific appropriations required for the
acquisition of each icebreaker, for each fiscal year, until
the full fleet is recapitalized;
(4) describe the potential savings of serial acquisition
for new polar class icebreakers, including specific schedule
and acquisition requirements needed to realize such savings;
(5) describe any polar icebreaking capacity gaps that may
arise based on the current fleet and current procurement
outlook; and
(6) describe any additional polar icebreaking capability
gaps due to any further delay in procurement schedules.
SEC. 605. 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 by 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--VESSEL INCIDENTAL DISCHARGE ACT
SEC. 701. SHORT TITLE.
This title may be cited as the ``Vessel Incidental
Discharge Act''.
SEC. 702. FINDINGS; PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Since the enactment of the Act to Prevent Pollution
from Ships (22 U.S.C. 1901 et seq.) in 1980, the United
States Coast Guard has been the principal Federal authority
charged with administering, enforcing, and prescribing
regulations relating to the discharge of pollutants from
vessels engaged in maritime commerce and transportation.
(2) The Coast Guard estimates there are approximately
12,000,000 State-registered recreational vessels, 75,000
commercial fishing vessels, and 33,000 freight and tank
barges operating in United States waters.
(3) From 1973 to 2005, certain discharges incidental to the
normal operation of a vessel were exempted by regulation from
otherwise applicable permitting requirements.
(4) During the 32 years during which this regulatory
exemption was in effect, Congress enacted several statutes to
deal with the regulation of discharges incidental to the
normal operation of a vessel, including--
(A) the Act to Prevent Pollution from Ships (33 U.S.C. 1901
et seq.) in 1980;
(B) the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4701 et seq.);
(C) the National Invasive Species Act of 1996 (110 Stat.
4073);
(D) section 415 of the Coast Guard Authorization Act of
1998 (112 Stat. 3434) and section 623 of the Coast Guard and
Maritime Transportation Act of 2004 (33 U.S.C. 1901 note),
which established interim and permanent requirements,
respectively, for the regulation of vessel discharges of
certain bulk cargo residue;
(E) title XIV of division B of Appendix D of the
Consolidated Appropriations Act, 2001 (114 Stat. 2763), which
prohibited or limited certain vessel discharges in certain
areas of Alaska;
(F) section 204 of the Maritime Transportation Security Act
of 2002 (33 U.S.C. 1902a), which established requirements for
the regulation of vessel discharges of agricultural cargo
residue material in the form of hold washings;
(G) title X of the Coast Guard Authorization Act of 2010
(33 U.S.C. 3801 et seq.), which provided for the
implementation of the International Convention on the Control
of Harmful Anti-Fouling Systems on Ships, 2001; and
(H) the amendment made by section 2 of the Clean Boating
Act of 2008 adding subsection (r) to section 402 of the
Federal Water Pollution Control Act (33 U.S.C. 1342(r)),
which exempts recreational vessels from National Pollutant
Discharge Elimination System permit requirements.
(b) Purpose.--The purpose of this title is to provide for
the establishment of nationally uniform and environmentally
sound standards and requirements for the management of
discharges incidental to the normal operation of a vessel.
SEC. 703. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
[[Page S4759]]
(2) Aquatic nuisance species.--The term ``aquatic nuisance
species'' means a nonindigenous species (including a
pathogen) that threatens the diversity or abundance of native
species or the ecological stability of navigable waters or
commercial, agricultural, aquacultural, or recreational
activities dependent on such waters.
(3) Ballast water.--
(A) In general.--The term ``ballast water'' means any water
and water-suspended matter taken aboard a vessel--
(i) to control or maintain trim, list, draught, stability,
or stresses of the vessel; or
(ii) during the cleaning, maintenance, or other operation
of a ballast water treatment technology of the vessel.
(B) Exclusions.--The term ``ballast water'' does not
include any substance that is added to water described in
subparagraph (A) that is not directly related to the
operation of a properly functioning ballast water treatment
technology under this title.
(4) Ballast water discharge standard.--The term ``ballast
water discharge standard'' means the numerical ballast water
discharge standard set forth in section 151.2030 of title 33,
Code of Federal Regulations or section 151.1511 of title 33,
Code of Federal Regulations, as applicable, or a revised
numerical ballast water discharge standard established under
subsection (a)(1)(B), (b), or (c) of section 705.
(5) Ballast water management system; management system.--
The terms ``ballast water management system'' and
``management system'' mean any system, including all ballast
water treatment equipment and associated control and
monitoring equipment, used to process ballast water to kill,
remove, render harmless, or avoid the uptake or discharge of
organisms.
(6) Biocide.--The term ``biocide'' means a substance or
organism, including a virus or fungus, that is introduced
into or produced by a ballast water management system to
reduce or eliminate aquatic nuisance species as part of the
process used to comply with a ballast water discharge
standard under this title.
(7) Discharge incidental to the normal operation of a
vessel.--
(A) In general.--The term ``discharge incidental to the
normal operation of a vessel'' means--
(i) a discharge into navigable waters from a vessel of--
(I)(aa) ballast water, graywater, bilge water, cooling
water, oil water separator effluent, anti-fouling hull
coating leachate, boiler or economizer blowdown, byproducts
from cathodic protection, controllable pitch propeller and
thruster hydraulic fluid, distillation and reverse osmosis
brine, elevator pit effluent, firemain system effluent,
freshwater layup effluent, gas turbine wash water, motor
gasoline and compensating effluent, refrigeration and air
condensate effluent, seawater pumping biofouling prevention
substances, boat engine wet exhaust, sonar dome effluent,
exhaust gas scrubber washwater, or stern tube packing gland
effluent; or
(bb) any other pollutant associated with the operation of a
marine propulsion system, shipboard maneuvering system,
habitability system, or installed major equipment, or from a
protective, preservative, or absorptive application to the
hull of a vessel;
(II) weather deck runoff, deck wash, aqueous film forming
foam effluent, chain locker effluent, non-oily machinery
wastewater, underwater ship husbandry effluent, welldeck
effluent, or fish hold and fish hold cleaning effluent; or
(III) any effluent from a properly functioning marine
engine; or
(ii) a discharge of a pollutant into navigable waters in
connection with the testing, maintenance, or repair of a
system, equipment, or engine described in subclause (I)(bb)
or (III) of clause (i) whenever the vessel is waterborne.
(B) Exclusions.--The term ``discharge incidental to the
normal operation of a vessel'' does not include--
(i) a discharge into navigable waters from a vessel of--
(I) rubbish, trash, garbage, incinerator ash, or other such
material discharged overboard;
(II) oil or a hazardous substance as those terms are
defined in section 311 of the Federal Water Pollution Control
Act (33 U.S.C. 1321);
(III) sewage as defined in section 312(a)(6) of the Federal
Water Pollution Control Act (33 U.S.C. 1322(a)(6)); or
(IV) graywater referred to in section 312(a)(6) of the
Federal Water Pollution Control Act (33 U.S.C. 1322(a)(6));
(ii) an emission of an air pollutant resulting from the
operation onboard a vessel of a vessel propulsion system,
motor driven equipment, or incinerator; or
(iii) a discharge into navigable waters from a vessel when
the vessel is operating in a capacity other than as a means
of transportation on water.
(8) Geographically limited area.--The term ``geographically
limited area'' means an area--
(A) with a physical limitation, including limitation by
physical size and limitation by authorized route such as the
Great Lakes and St. Lawrence River, that prevents a vessel
from operating outside the area, as determined by the
Secretary; or
(B) that is ecologically homogeneous, as determined by the
Secretary, in consultation with the heads of other Federal
departments or agencies as the Secretary considers
appropriate.
(9) Manufacturer.--The term ``manufacturer'' means a person
engaged in the manufacture, assemblage, or importation of
ballast water treatment technology.
(10) Navigable waters.--The term ``navigable waters'' has
the meaning given the term in section 2.36 of title 33, Code
of Federal Regulations, as in effect on the date of the
enactment of this Act.
(11) Secretary.--The term ``Secretary'' means the Secretary
of the department in which the Coast Guard is operating.
(12) Vessel.--The term ``vessel'' means every description
of watercraft or other artificial contrivance used, or
practically or otherwise capable of being used, as a means of
transportation on water.
SEC. 704. REGULATION AND ENFORCEMENT.
(a) In General.--
(1) Establishment.--The Secretary, in consultation with the
Administrator, shall establish, implement, and enforce
uniform national standards and requirements for the
regulation of discharges incidental to the normal operation
of a vessel.
(2) Basis.--Except as provided under paragraph (3), the
standards and requirements established under paragraph (1)--
(A) with respect to ballast water, shall be based upon the
best available technology that is economically achievable;
(B) with respect to discharges incidental to the normal
operation of a vessel other than ballast water, shall be
based on best management practices (including practices,
limitations, or concentrations); and
(C) shall supersede any permitting requirement or
prohibition on discharges incidental to the normal operation
of a vessel under any other provision of law.
(3) Rule of construction.--The standards and requirements
established under paragraph (1) shall not supersede
regulations, in place on the date of the enactment of this
Act or established by a rulemaking proceeding after such date
of enactment, which cover a discharge in a national marine
sanctuary or in a marine national monument.
(b) Administration and Enforcement.--The Secretary shall
administer and enforce the uniform national standards and
requirements under this title. Each State may enforce the
uniform national standards and requirements under this title.
(c) Sanctions.--
(1) Civil penalties.--
(A) Ballast water.--Any person who violates a regulation
issued pursuant to this title regarding a discharge
incidental to the normal operation of a vessel of ballast
water shall be liable for a civil penalty in an amount not to
exceed $25,000. Each day of a continuing violation
constitutes a separate violation.
(B) Other discharge.--Any person who violates a regulation
issued pursuant to this title regarding a discharge
incidental to the normal operation of a vessel other than
ballast water shall be liable for a civil penalty in an
amount not to exceed $10,000. Each day of a continuing
violation constitutes a separate violation.
(C) In rem liability.--A vessel operated in violation of a
regulation issued under this title shall be liable in rem for
any civil penalty assessed under this subsection for that
violation.
(2) Criminal penalties.--
(A) Ballast water.--Any person who knowingly violates a
regulation issued pursuant to this title regarding a
discharge incidental to the normal operation of a vessel of
ballast water shall be punished by a fine of not more than
$100,000, imprisonment for not more than 2 years, or both.
(B) Other discharge.--Any person who knowingly violates a
regulation issued pursuant to this title regarding a
discharge incidental to the normal operation of a vessel
other than ballast water shall be punished by a fine of not
more than $50,000, imprisonment for not more than 1 year, or
both.
(3) Revocation of clearance.--The Secretary is authorized
to withhold or revoke the clearance of a vessel required
under section 60105 of title 46, United States Code, if the
owner or operator of the vessel is in violation of a
regulation issued pursuant to this Act.
(4) Exception to sanctions.--It shall be an affirmative
defense to any charge of a violation of this title that
compliance with this title would, because of adverse weather,
equipment failure, or any other relevant condition, have
threatened the safety or stability of a vessel, its crew, or
its passengers.
SEC. 705. UNIFORM NATIONAL STANDARDS AND REQUIREMENTS FOR THE
REGULATION OF DISCHARGES INCIDENTAL TO THE
NORMAL OPERATION OF A VESSEL.
(a) Requirements.--
(1) Ballast water management requirements.--
(A) In general.--Notwithstanding any other provision of
law, the requirements set forth in the final rule, Standards
for Living Organisms in Ships' Ballast Water Discharged in
U.S. Waters (77 Fed. Reg. 17254 (March 23, 2012), as
corrected at 77 Fed. Reg. 33969 (June 8, 2012)), shall be the
management requirements for a ballast water discharge
incidental to the normal operation of a vessel until the
Secretary revises the ballast water discharge standard under
subsection (b) or adopts a more stringent standard under
subparagraph (B).
(B) Adoption of more stringent standard.--If the Secretary
makes a determination in favor of a State petition under
section 610, the Secretary shall adopt the more stringent
ballast water discharge standard specified in the statute or
regulation that is the subject of that State petition instead
of the ballast water discharge standard in the final rule
described under subparagraph (A).
(2) Initial management requirements for discharges other
than ballast water.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in consultation with
the Administrator, shall issue a final rule establishing best
management practices for discharges incidental to the normal
operation of a vessel other than ballast water.
(b) Revised Ballast Water Discharge Standard; 8-Year
Review.--
(1) In general.--Subject to the feasibility review under
paragraph (2), not later than January 1, 2024, the Secretary,
in consultation with
[[Page S4760]]
the Administrator, shall issue a final rule revising the
ballast water discharge standard under subsection (a)(1) so
that a ballast water discharge incidental to the normal
operation of a vessel will contain--
(A) less than 1 organism that is living or has not been
rendered harmless per 10 cubic meters that is 50 or more
micrometers in minimum dimension;
(B) less than 1 organism that is living or has not been
rendered harmless per 10 milliliters that is less than 50
micrometers in minimum dimension and more than 10 micrometers
in minimum dimension;
(C) concentrations of indicator microbes that are less
than--
(i) 1 colony-forming unit of toxicogenic Vibrio cholera
(serotypes O1 and O139) per 100 milliliters or less than 1
colony-forming unit of that microbe per gram of wet weight of
zoological samples;
(ii) 126 colony-forming units of Escherichia coli per 100
milliliters; and
(iii) 33 colony-forming units of intestinal enterococci per
100 milliliters; and
(D) concentrations of such additional indicator microbes
and of viruses as may be specified in regulations issued by
the Secretary in consultation with the Administrator and such
other Federal agencies as the Secretary and the Administrator
consider appropriate.
(2) Feasibility review.--
(A) In general.--Not less than 2 years before January 1,
2024, the Secretary, in consultation with the Administrator,
shall complete a review to determine the feasibility of
achieving the revised ballast water discharge standard under
paragraph (1).
(B) Criteria for review of ballast water discharge
standard.--In conducting a review under subparagraph (A), the
Secretary shall consider whether revising the ballast water
discharge standard will result in a scientifically
demonstrable and substantial reduction in the risk of
introduction or establishment of aquatic nuisance species,
taking into account--
(i) improvements in the scientific understanding of
biological and ecological processes that lead to the
introduction or establishment of aquatic nuisance species;
(ii) improvements in ballast water management systems,
including--
(I) the capability of such management systems to achieve a
revised ballast water discharge standard;
(II) the effectiveness and reliability of such management
systems in the shipboard environment;
(III) the compatibility of such management systems with the
design and operation of a vessel by class, type, and size;
(IV) the commercial availability of such management
systems; and
(V) the safety of such management systems;
(iii) improvements in the capabilities to detect, quantify,
and assess the viability of aquatic nuisance species at the
concentrations under consideration;
(iv) the impact of ballast water management systems on
water quality; and
(v) the costs, cost-effectiveness, and impacts of--
(I) a revised ballast water discharge standard, including
the potential impacts on shipping, trade, and other uses of
the aquatic environment; and
(II) maintaining the existing ballast water discharge
standard, including the potential impacts on water-related
infrastructure, recreation, propagation of native fish,
shellfish, and wildlife, and other uses of navigable waters.
(C) Lower revised discharge standard.--
(i) In general.--If the Secretary, in consultation with the
Administrator, determines on the basis of the feasibility
review and after an opportunity for a public hearing that no
ballast water management system can be certified under
section 706 to comply with the revised ballast water
discharge standard under paragraph (1), the Secretary shall
require the use of the management system that achieves the
performance levels of the best available technology that is
economically achievable.
(ii) Implementation deadline.--If the Secretary, in
consultation with the Administrator, determines that the
management system under clause (i) cannot be implemented
before the implementation deadline under paragraph (3) with
respect to a class of vessels, the Secretary shall extend the
implementation deadline for that class of vessels for not
more than 36 months.
(iii) Compliance.--If the implementation deadline under
paragraph (3) is extended, the Secretary shall recommend
action to ensure compliance with the extended implementation
deadline under clause (ii).
(D) Higher revised discharge standard.--
(i) In general.--If the Secretary, in consultation with the
Administrator, determines that a ballast water management
system exists that exceeds the revised ballast water
discharge standard under paragraph (1) with respect to a
class of vessels and is the best available technology that is
economically achievable, the Secretary shall revise the
ballast water discharge standard for that class of vessels to
incorporate the higher discharge standard.
(ii) Implementation deadline.--If the Secretary, in
consultation with the Administrator, determines that the
management system under clause (i) can be implemented before
the implementation deadline under paragraph (3) with respect
to a class of vessels, the Secretary shall accelerate the
implementation deadline for that class of vessels. If the
implementation deadline under paragraph (3) is accelerated,
the Secretary shall provide not less than 24 months notice
before the accelerated deadline takes effect.
(3) Implementation deadline.--The revised ballast water
discharge standard under paragraph (1) shall apply to a
vessel beginning on the date of the first drydocking of the
vessel on or after January 1, 2024, but not later than
December 31, 2026.
(4) Revised discharge standard compliance deadlines.--
(A) In general.--The Secretary may establish a compliance
deadline for compliance by a vessel (or a class, type, or
size of vessel) with a revised ballast water discharge
standard under this subsection.
(B) Process for granting extensions.--In issuing
regulations under this subsection, the Secretary shall
establish a process for an owner or operator to submit a
petition to the Secretary for an extension of a compliance
deadline with respect to the vessel of the owner or operator.
(C) Period of extensions.--An extension issued under
subparagraph (B) may be for a period of not to exceed 18
months from the date of the applicable deadline under
subparagraph (A) and may be renewed for additional periods of
not to exceed 18 months each, except that the total period of
extension may not exceed 5 years.
(D) Factors.--In issuing a compliance deadline or reviewing
a petition under this paragraph, the Secretary shall
consider, with respect to the ability of an owner or operator
to meet a compliance deadline, the following factors:
(i) Whether the management system to be installed is
available in sufficient quantities to meet the compliance
deadline.
(ii) Whether there is sufficient shipyard or other
installation facility capacity.
(iii) Whether there is sufficient availability of
engineering and design resources.
(iv) Vessel characteristics, such as engine room size,
layout, or a lack of installed piping.
(v) Electric power generating capacity aboard the vessel.
(vi) Safety of the vessel and crew.
(vii) Any other factors the Secretary considers
appropriate, including the availability of a ballast water
reception facility or other means of managing ballast water.
(E) Consideration of petitions.--
(i) Determinations.--The Secretary shall approve or deny a
petition for an extension of a compliance deadline submitted
by an owner or operator under this paragraph.
(ii) Deadline.--If the Secretary does not approve or deny a
petition referred to in clause (i) on or before the last day
of the 90-day period beginning on the date of submission of
the petition, the petition shall be deemed approved.
(c) Future Revisions of Vessel Incidental Discharge
Standards; Decennial Reviews.--
(1) Revised ballast water discharge standards.--The
Secretary, in consultation with the Administrator, shall
complete a review, 10 years after the issuance of a final
rule under subsection (b) and every 10 years thereafter, to
determine whether further revision of the ballast water
discharge standard would result in a scientifically
demonstrable and substantial reduction in the risk of the
introduction or establishment of aquatic nuisance species.
(2) Revised standards for discharges other than ballast
water.--The Secretary, in consultation with the
Administrator, may include in a decennial review under this
subsection best management practices for discharges
(including practices, limitations, or concentrations) covered
by subsection (a)(2). The Secretary shall initiate a
rulemaking to revise 1 or more best management practices for
such discharges after a decennial review if the Secretary, in
consultation with the Administrator, determines that revising
1 or more of such practices would substantially reduce the
impacts on navigable waters of discharges incidental to the
normal operation of a vessel other than ballast water.
(3) Considerations.--In conducting a review under paragraph
(1), the Secretary, the Administrator, and the heads of other
Federal agencies as the Secretary considers appropriate,
shall consider the criteria under section 705(b)(2)(B).
(4) Revision after decennial review.--The Secretary shall
initiate a rulemaking to revise the current ballast water
discharge standard after a decennial review if the Secretary,
in consultation with the Administrator, determines that
revising the current ballast water discharge standard would
result in a scientifically demonstrable and substantial
reduction in the risk of the introduction or establishment of
aquatic nuisance species.
(d) Alternative Ballast Water Management Requirements.--
Nothing in this title may be construed to preclude the
Secretary from authorizing the use of alternate means or
methods of managing ballast water (including flow-through
exchange, empty/refill exchange, and transfer to treatment
facilities in place of a vessel ballast water management
system required under this section) if the Secretary, in
consultation with the Administrator, determines that such
means or methods would not pose a greater risk of
introduction of aquatic nuisance species in navigable waters
than the use of a ballast water management system that
achieves the applicable ballast water discharge standard.
(e) Great Lakes Requirements.--In addition to the other
standards and requirements imposed by this section, in the
case of a vessel that enters the Great Lakes through the St.
Lawrence River after operating outside the exclusive economic
zone of the United States the Secretary, in consultation with
the Administrator, shall establish a requirement that the
vessel conduct saltwater flushing of all ballast water tanks
onboard prior to entry.
SEC. 706. TREATMENT TECHNOLOGY CERTIFICATION.
(a) Certification Required.--No manufacturer of a ballast
water management system shall sell, offer for sale, or
introduce or deliver for introduction into interstate
commerce, or import into the United States for sale or
resale, a ballast water management system for a vessel unless
it has been certified under this section.
(b) Certification Process.--
[[Page S4761]]
(1) Evaluation.--Upon application of a manufacturer, the
Secretary shall evaluate a ballast water management system
with respect to--
(A) the effectiveness of the management system in achieving
the current ballast water discharge standard when installed
on a vessel (or a class, type, or size of vessel);
(B) the compatibility with vessel design and operations;
(C) the effect of the management system on vessel safety;
(D) the impact on the environment;
(E) the cost effectiveness; and
(F) any other criteria the Secretary considers appropriate.
(2) Approval.--If after an evaluation under paragraph (1)
the Secretary determines that the management system meets the
criteria, the Secretary may certify the management system for
use on a vessel (or a class, type, or size of vessel).
(3) Suspension and revocation.--The Secretary shall
establish, by regulation, a process to suspend or revoke a
certification issued under this section.
(c) Certification Conditions.--
(1) Imposition of conditions.--In certifying a ballast
water management system under this section, the Secretary, in
consultation with the Administrator, may impose any condition
on the subsequent installation, use, or maintenance of the
management system onboard a vessel as is necessary for--
(A) the safety of the vessel, the crew of the vessel, and
any passengers aboard the vessel;
(B) the protection of the environment; or
(C) the effective operation of the management system.
(2) Failure to comply.--The failure of an owner or operator
to comply with a condition imposed under paragraph (1) shall
be considered a violation of this section.
(d) Period for Use of Installed Treatment Equipment.--
Notwithstanding anything to the contrary in this title or any
other provision of law, the Secretary shall allow a vessel on
which a management system is installed and operated to meet a
ballast water discharge standard under this title to continue
to use that system, notwithstanding any revision of a ballast
water discharge standard occurring after the management
system is ordered or installed until the expiration of the
service life of the management system, as determined by the
Secretary, if the management system--
(1) is maintained in proper working condition, as
determined by the Secretary; and
(2) continues to meet the discharge standard in effect at
the time of installation.
(e) Certificates of Type Approval for the Treatment
Technology.--
(1) Issuance.--If the Secretary approves a ballast water
management system for certification under subsection (b), the
Secretary shall issue a certificate of type approval for the
management system to the manufacturer in such form and manner
as the Secretary determines appropriate.
(2) Certification conditions.--A certificate of type
approval issued under paragraph (1) shall specify each
condition imposed by the Secretary under subsection (c).
(3) Owners and operators.--A manufacturer that receives a
certificate of type approval for the management system under
this subsection shall provide a copy of the certificate to
each owner and operator of a vessel on which the management
system is installed.
(f) Inspections.--An owner or operator who receives a copy
of a certificate under subsection (e)(3) shall retain a copy
of the certificate onboard the vessel and make the copy of
the certificate available for inspection at all times while
the owner or operator is utilizing the management system.
(g) Biocides.--The Secretary may not approve a ballast
water management system under subsection (b) if--
(1) it uses a biocide or generates a biocide that is a
pesticide, as defined in section 2 of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136),
unless the biocide is registered under that Act or the
Secretary, in consultation with Administrator, has approved
the use of the biocide in such management system; or
(2) it uses or generates a biocide the discharge of which
causes or contributes to a violation of a water quality
standard under section 303 of the Federal Water Pollution
Control Act (33 U.S.C. 1313).
(h) Prohibition.--
(1) In general.--Except as provided in paragraph (2), the
use of a ballast water management system by an owner or
operator of a vessel shall not satisfy the requirements of
this title unless it has been approved by the Secretary under
subsection (b).
(2) Exceptions.--
(A) Coast guard shipboard technology evaluation program.--
An owner or operator may use a ballast water management
system that has not been certified by the Secretary to comply
with the requirements of this section if the technology is
being evaluated under the Coast Guard Shipboard Technology
Evaluation Program.
(B) Ballast water management systems certified by foreign
entities.--An owner or operator may use a ballast water
management system that has not been certified by the
Secretary to comply with the requirements of this section if
the management system has been certified by a foreign entity
and the certification demonstrates performance and safety of
the management system equivalent to the requirements of this
section, as determined by the Secretary.
(i) Testing Protocols.--Not later than 180 days after the
date of the enactment of this Act, the Secretary, in
consultation with the Administrator, shall issue requirements
for land-based and shipboard testing protocols or criteria
for--
(1) certifying the performance of each ballast water
management system under this section; and
(2) certifying laboratories to evaluate such treatment
technologies.
SEC. 707. EXEMPTIONS.
(a) Incidental Discharges.--Except in a National Marine
Sanctuary or a Marine National Monument, no permit shall be
required or prohibition enforced under any other provision of
law for, nor shall any standards regarding a discharge
incidental to the normal operation of a vessel under this
title apply to--
(1) a discharge incidental to the normal operation of a
vessel if the vessel is less than 79 feet in length and
engaged in commercial service (as such terms are defined in
section 2101(5) of title 46, United States Code); or
(2) a discharge incidental to the normal operation of a
vessel if the vessel is a fishing vessel, including a fish
processing vessel and a fish tender vessel, (as defined in
section 2101 of title 46, United States Code).
(b) Discharges Into Navigable Waters.--No permit shall be
required or prohibition enforced under any other provision of
law for, nor shall any standards regarding a discharge
incidental to the normal operation of a vessel under this
title apply to--
(1) any discharge into navigable waters from a vessel
authorized by an on-scene coordinator in accordance with part
300 of title 40, Code of Federal Regulations, or part 153 of
title 33, Code of Federal Regulations;
(2) any discharge into navigable waters from a vessel that
is necessary to secure the safety of the vessel or human
life, or to suppress a fire onboard the vessel or at a
shoreside facility; or
(3) a vessel of the armed forces of a foreign nation when
engaged in noncommercial service.
(c) Recreational Vessel Discharges.--No permit shall be
required, nor shall any standards be established, regarding a
discharge incidental to the normal operation of a
recreational vessel (as defined in section 2101(25) of title
46, United States Code) under this title.
(d) Ballast Water Discharges.--No permit shall be required
or prohibition enforced under any other provision of law for,
nor shall any ballast water discharge standard under this
title apply to--
(1) a ballast water discharge incidental to the normal
operation of a vessel determined by the Secretary to--
(A) operate exclusively within a geographically limited
area;
(B) take up and discharge ballast water exclusively within
1 Captain of the Port Zone established by the Coast Guard
unless the Secretary determines such discharge poses a
substantial risk of introduction or establishment of an
aquatic nuisance species;
(C) operate pursuant to a geographic restriction issued as
a condition under section 3309 of title 46, United States
Code, or an equivalent restriction issued by the country of
registration of the vessel; or
(D) continuously take on and discharge ballast water in a
flow-through system that does not introduce aquatic nuisance
species into navigable waters;
(2) a ballast water discharge incidental to the normal
operation of a vessel consisting entirely of water sourced
from a United States public water system that meets the
requirements under the Safe Drinking Water Act (42 U.S.C.
300f et seq.) or from a foreign public water system
determined by the Administrator to be suitable for human
consumption; or
(3) a ballast water discharge incidental to the normal
operation of a vessel in an alternative compliance program
established pursuant to section 708.
(e) Vessels With Permanent Ballast Water.--No permit shall
be required or prohibition enforced regarding a ballast water
discharge incidental to the normal operation of a vessel
under any other provision of law for, nor shall any ballast
water discharge standard under this title apply to, a vessel
that carries all of its permanent ballast water in sealed
tanks that are not subject to discharge.
(f) Vessels of the Armed Forces.--Nothing in this title may
be construed to apply to--
(1) a vessel owned or operated by the Department of Defense
(other than a time-chartered or voyage-chartered vessel); or
(2) a vessel of the Coast Guard, as designated by the
Secretary of the department in which the Coast Guard is
operating.
SEC. 708. ALTERNATIVE COMPLIANCE PROGRAM.
(a) In General.--The Secretary, in consultation with the
Administrator, may promulgate regulations establishing 1 or
more compliance programs as an alternative to ballast water
management regulations issued under section 705 for a vessel
that--
(1) has a maximum ballast water capacity of less than 8
cubic meters; or
(2) is less than 3 years from the end of the useful life of
the vessel, as determined by the Secretary.
(b) Rulemaking.--
(1) Facility standards.--Not later than 1 year after the
date of the enactment of this Act, the Administrator, in
consultation with the Secretary, shall promulgate standards
for--
(A) the reception of ballast water from a vessel into a
reception facility; and
(B) the disposal or treatment of the ballast water under
paragraph (1).
(2) Transfer standards.--The Secretary, in consultation
with the Administrator, is authorized to promulgate standards
for the arrangements necessary on a vessel to transfer
ballast water to a facility.
SEC. 709. JUDICIAL REVIEW.
(a) In General.--An interested person may file a petition
for review of a final regulation promulgated under this title
in the United
[[Page S4762]]
States Court of Appeals for the District of Columbia Circuit.
(b) Deadline.--A petition shall be filed not later than 120
days after the date that notice of the promulgation appears
in the Federal Register.
(c) Exception.--Notwithstanding subsection (b), a petition
that is based solely on grounds that arise after the deadline
to file a petition under subsection (b) has passed may be
filed not later than 120 days after the date that the grounds
first arise.
SEC. 710. EFFECT ON STATE AUTHORITY.
(a) In General.--No State or political subdivision thereof
may adopt or enforce any statute or regulation of the State
or political subdivision with respect to a discharge
incidental to the normal operation of a vessel after the date
of enactment of this Act.
(b) Savings Clause.--Notwithstanding subsection (a), the
Governor of a State may petition the Secretary to adopt a
national ballast water discharge standard that is more
stringent than the ballast water performance standard under
section 705(a)(1)(A) upon a showing that--
(1) compliance with the proposed ballast water discharge
standard can in fact be achieved and detected by a ballast
water management system that is economically achievable and
operationally practicable;
(2) the proposed ballast water discharge standard is
consistent with obligations under relevant international
treaties or agreements to which the United States is a party;
and
(3) any other factors that the Secretary, in consultation
with the Administrator, deems relevant.
(c) Petition Process.--
(1) Submission.--The Governor of a State shall submit a
petition to the Secretary requesting the Secretary to review
the statute or regulation.
(2) Contents; timing.--A petition submitted under paragraph
(1) shall be accompanied by the scientific and technical
information on which the petition is based.
(3) Determinations.--The Secretary shall make a
determination on a petition under this subsection not later
than 90 days after the date that the Secretary determines
that a complete petition has been received.
SEC. 711. APPLICATION WITH OTHER STATUTES.
(a) Exclusive Statutory Authority.--Except as otherwise
provided in this section and notwithstanding any other
provision of law, this title shall be the exclusive statutory
authority for regulation by the Federal Government of
discharges incidental to the normal operation of a vessel to
which this title applies.
(b) Effect of Existing Regulations.--Except as provided
under section 705(a)(1)(A), any regulation in effect on the
date immediately preceding the effective date of this Act
relating to any permitting requirement for or prohibition on
discharges incidental to the normal operation of a vessel to
which this title applies--
(1) shall be deemed to be a regulation issued pursuant to
the authority of this title; and
(2) shall remain in full force and effect unless or until
superseded by new regulations issued under this title.
(c) Act to Prevent Pollution From Ships.--The Act to
Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) shall
be the exclusive statutory authority for the regulation by
the Federal Government of any discharge or emission that is
covered under the International Convention for the Prevention
of Pollution from Ships, 1973, as modified by the Protocol of
1978, done at London February 17, 1978. Nothing in this title
may be construed to alter or amend such Act or any regulation
issued pursuant to the authority of such Act.
(d) Title X of the Coast Guard and Maritime Transportation
Act of 2010.--Title X of the Coast Guard and Maritime
Transportation Act of 2010 (33 U.S.C. 3801 et seq.) shall be
the exclusive statutory authority for the regulation by the
Federal Government of any anti-fouling system that is covered
under the International Convention on the Control of Harmful
Anti-Fouling Systems on Ships, 2001. Nothing in this title
may be construed to alter or amend such title X or any
regulation issued pursuant to the authority under such title.
SEC. 712. RELATIONSHIP TO OTHER LAWS.
Section 1205 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4725) is
amended--
(1) by striking ``All actions'' and inserting the
following:
``(a) In General.--Except as provided in subsection (b),
all actions''; and
(2) by adding at the end the following:
``(b) Vessel Incidental Discharges.--Notwithstanding
subsection (a), the Vessel Incidental Discharge Act shall be
the exclusive statutory authority for the regulation by the
Federal Government of discharges incidental to the normal
operation of a vessel.''.
SEC. 713. SAVINGS PROVISION.
Any action taken by the Federal Government under this Act
shall be in full compliance with its obligations under
applicable provisions of international law.
TITLE VIII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION SEXUAL
HARASSMENT AND ASSAULT PREVENTION ACT
SEC. 801. 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. 811. 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. 812. 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.
[[Page S4763]]
(8) Oversight by the Under Secretary of administrative and
disciplinary actions in response to substantial incidents of
sexual assault.
(9) Victim advocacy, including establishment of and the
responsibilities and training requirements for victim
advocates as described in subsection (c).
(10) Availability of resources for victims of sexual
assault within other Federal agencies and State, local, and
national organizations.
(c) Victim Advocacy.--
(1) In general.--The Secretary, acting through the Under
Secretary, shall establish victim advocates to advocate for
victims of sexual assaults involving employees of the
Administration, members of the commissioned officer corps of
the Administration, and individuals who work with or conduct
business on behalf of the Administration.
(2) Victim advocates.--For purposes of this subsection, a
victim advocate is a permanent employee of the Administration
who--
(A) is trained in matters relating to sexual assault and
the comprehensive policy developed under subsection (a); and
(B) serves as a victim advocate voluntarily and in addition
to the employee's other duties as an employee of the
Administration.
(3) Primary duties.--The primary duties of a victim
advocate established under paragraph (1) shall include the
following:
(A) Supporting victims of sexual assault and informing them
of their rights and the resources available to them as
victims.
(B) Acting as a companion in navigating investigative,
medical, mental and emotional health, and recovery processes
relating to sexual assault.
(C) Helping to identify resources to ensure the safety of
victims of sexual assault.
(4) Location.--The Secretary shall ensure that at least 1
victim advocate established under paragraph (1) is
stationed--
(A) in each region in which the Administration conducts
operations; and
(B) in each marine and aviation center of the
Administration.
(5) Hotline.--
(A) In general.--In carrying out this subsection, the
Secretary shall establish a telephone number at which a
victim of a sexual assault can contact a victim advocate.
(B) 24-hour access.--The Secretary shall ensure that the
telephone number established under subparagraph (A) is
monitored at all times.
(6) Formal relationships with other entities.--The
Secretary may enter into formal relationships with other
entities to make available additional victim advocates.
(d) Availability of Policy.--The Secretary shall ensure
that the policy developed under subsection (a) is available
to--
(1) all employees of the Administration and members of the
commissioned officer corps of the Administration, including
those employees and members who conduct field work for the
Administration; and
(2) the public.
(e) Consultation and Assistance.--In developing the policy
required by subsection (a), the Secretary may consult or
receive assistance from such State, local, and national
organizations and subject matter experts as the Secretary
considers appropriate.
SEC. 813. RIGHTS OF THE VICTIM OF A SEXUAL ASSAULT.
A victim of a sexual assault covered by the comprehensive
policy developed under section 812(a) has the right to be
reasonably protected from the accused.
SEC. 814. 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. 815. 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
811(a) and the comprehensive policy developed under section
812(a).
SEC. 816. 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 811(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. 817. 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. 820. REFERENCES TO NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION COMMISSIONED OFFICER CORPS ACT
OF 2002.
Except as otherwise expressly provided, whenever in this
title 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. 821. 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
[[Page S4764]]
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. 822. 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. 823. OBLIGATED SERVICE REQUIREMENT.
(a) In General.--Subtitle A (33 U.S.C. 3001 et seq.) is
amended by adding at the end the following:
``SEC. 216. OBLIGATED SERVICE REQUIREMENT.
``(a) In General.--
``(1) Rulemaking.--The Secretary shall prescribe the
obligated service requirements for appointments, training,
promotions, separations, continuations, and retirement of
officers not otherwise covered by law.
``(2) Written agreements.--The Secretary and officers shall
enter into written agreements that describe the officers'
obligated service requirements prescribed under paragraph (1)
in return for such appointments, training, promotions,
separations, and retirements as the Secretary considers
appropriate.
``(b) Repayment for Failure to Satisfy Requirements.--
``(1) In general.--The Secretary may require an officer who
fails to meet the service requirements prescribed under
subsection (a)(1) to reimburse the Secretary in an amount
that bears the same ratio to the total costs of the training
provided to that officer by the Secretary as the unserved
portion of active duty bears to the total period of active
duty the officer agreed to serve.
``(2) Obligation as debt to united states.--An obligation
to reimburse the Secretary under paragraph (1) shall be
considered for all purposes as a debt owed to the United
States.
``(3) Discharge in bankruptcy.--A discharge in bankruptcy
under title 11 that is entered less than 5 years after the
termination of a written agreement entered into under
subsection (a)(2) does not discharge the individual signing
the agreement from a debt arising under such agreement.
``(c) Waiver or Suspension of Compliance.--The Secretary
may waive the service obligation of an officer who--
``(1) becomes unqualified to serve on active duty in the
commissioned officer corps of the Administration because of a
circumstance not within the control of that officer; or
``(2) is--
``(A) not physically qualified for appointment; and
``(B) determined to be unqualified for service in the
commissioned officer corps of the Administration because of a
physical or medical condition that was not the result of the
officer's own misconduct or grossly negligent conduct.''.
(b) Clerical Amendment.--The table of sections in section 1
of the Act entitled ``An Act to authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372) is amended by inserting after the item
relating to section 215 the following:
``Sec. 216. Obligated service requirement.''.
SEC. 824. TRAINING AND PHYSICAL FITNESS.
(a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as
amended by section 823(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 823(b), is
further amended by inserting after the item relating to
section 216 the following:
``Sec. 217. Training and physical fitness.''.
SEC. 825. RECRUITING MATERIALS.
(a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as
amended by section 824(a), 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 824(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. 826. 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. 827. 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. 831. 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.
[[Page S4765]]
``(B) Minimum obligation.--The regulations prescribed under
subparagraph (A) may not provide for a period of obligation
of less than 1 year for each maximum annual amount, or
portion thereof, paid on behalf of the person for qualified
loans.
``(3) Persons on active duty before entering into
agreement.--The active duty service obligation of persons on
active duty before entering into the agreement shall be
served after the conclusion of any other obligation incurred
under the agreement.
``(f) Effect of Failure To Complete Obligation.--
``(1) Alternative obligations.--An officer who is relieved
of the officer's active duty obligation under this section
before the completion of that obligation may be given any
alternative obligation, at the discretion of the Secretary.
``(2) Repayment.--An officer who does not complete the
period of active duty specified in the agreement entered into
under subsection (b)(3), or the alternative obligation
imposed under paragraph (1), shall be subject to the
repayment provisions under section 216.
``(g) Rulemaking.--The Secretary shall prescribe
regulations to carry out this section, including--
``(1) standards for qualified loans and authorized payees;
and
``(2) other terms and conditions for the making of loan
repayments.''.
(b) Clerical Amendment.--The table of sections in section 1
of the Act entitled ``An Act to authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372) is amended by inserting after the item
relating to section 266 the following:
``Sec. 267. Education loan repayment program.''.
SEC. 832. INTEREST PAYMENTS.
(a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as
amended by section 831(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 831(b), is
further amended by inserting after the item relating to
section 267 the following:
``Sec. 268. Interest payment program.''.
SEC. 833. STUDENT PRE-COMMISSIONING PROGRAM.
(a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as
amended by section 832(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.
[[Page S4766]]
``(3) Waiver.--The Secretary may waive the service
obligation of a person through an agreement entered into
under subsection (b)(1)(C) if the person--
``(A) becomes unqualified to serve on active duty in the
commissioned officer corps of the Administration because of a
circumstance not within the control of that person; or
``(B) is--
``(i) not physically qualified for appointment; and
``(ii) determined to be unqualified for service in the
commissioned officer corps of the Administration because of a
physical or medical condition that was not the result of the
person's own misconduct or grossly negligent conduct.
``(4) Obligation as debt to united states.--An obligation
to reimburse the Secretary imposed under paragraph (2) is,
for all purposes, a debt owed to the United States.
``(5) Discharge in bankruptcy.--A discharge in bankruptcy
under title 11, United States Code, that is entered less than
5 years after the termination of a written agreement entered
into under subsection (b)(1)(C) does not discharge the person
signing the agreement from a debt arising under such
agreement or under paragraph (2).
``(i) Regulations.--The Secretary may promulgate such
regulations and orders as the Secretary considers appropriate
to carry out this section.''.
(b) Clerical Amendment.--The table of sections in section 1
of the Act entitled ``An Act to authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372), as amended by section 832(c), is
further amended by inserting after the item relating to
section 268 the following:
``Sec. 269. Student pre-commissioning education assistance program.''.
SEC. 834. 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
831(a)), section 268 of such Act (as added by section
832(a)), and section 269 of such Act (as added by section
833(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 246(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 856(c).
SEC. 835. 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. 836. 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. 837. LEGION OF MERIT AWARD.
Section 1121 of title 10, United States Code, is amended by
striking ``armed forces'' and inserting ``uniformed
services''.
SEC. 838. PROHIBITION ON RETALIATORY PERSONNEL ACTIONS.
(a) In General.--Subsection (a) of section 261 (33 U.S.C.
3071), as amended by section 835, 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. 839. 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. 840. 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. 841. 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,''.
[[Page S4767]]
SEC. 842. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER
CORPS FOR PURPOSES OF CERTAIN HIRING DECISIONS.
(a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as
amended by this subtitle, is further amended by adding at the
end the following:
``SEC. 269A. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER
CORPS AS EMPLOYMENT IN ADMINISTRATION FOR
PURPOSES OF CERTAIN HIRING DECISIONS.
``(a) In General.--In any case in which the Secretary
accepts an application for a position of employment with the
Administration and limits consideration of applications for
such position to applications submitted by individuals
serving in a career or career-conditional position in the
competitive service within the Administration, the Secretary
shall deem an officer who has served as an officer in the
commissioned officer corps for at least 3 years to be serving
in a career or career-conditional position in the competitive
service within the Administration for purposes of such
limitation.
``(b) Career Appointments.--If the Secretary selects an
application submitted by an officer described in subsection
(a) for a position described in such subsection, the
Secretary shall give such officer a career or career-
conditional appointment in the competitive service, as
appropriate.
``(c) Competitive Service Defined.--In this section, the
term `competitive service' has the meaning given the term in
section 2102 of title 5, United States Code.''.
(b) Clerical Amendment.--The table of sections in section 1
of the Act entitled ``An Act to authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372) is amended by inserting after the item
relating to section 269, as added by this subtitle, the
following new item:
``Sec. 269A. Treatment of commission in commissioned officer corps as
employment in Administration for purposes of certain
hiring decisions.''.
SEC. 843. 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 823;
(2) if no longer a member of the commissioned officer corps
of the Administration, was discharged or released therefrom;
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. 851. 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. 852. 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. 853. 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 S4768]]
(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. 854. 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. 855. 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. 856. 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. 857. PROCUREMENT OF PERSONNEL.
(a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as
amended by section 856(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 856(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. 861. 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. 862. 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. 871. REAUTHORIZATION OF HYDROGRAPHIC SERVICES
IMPROVEMENT ACT OF 1998.
(a) Reauthorizations.--Section 306 of the Hydrographic
Services Improvement Act of 1998 (33 U.S.C. 892d) is
amended--
(1) in the matter before paragraph (1), by striking ``There
are'' and inserting the following:
``(a) In General.--There are'';
(2) in subsection (a) (as designated by paragraph (1))--
(A) in paragraph (1), by striking ``surveys--'' and all
that follows through the end of the paragraph and inserting
``surveys, $70,814,000 for each of fiscal years 2016 through
2020.'';
(B) in paragraph (2), by striking ``vessels--'' and all
that follows through the end of the paragraph and inserting
``vessels, $25,000,000 for each of fiscal years 2016 through
2020.'';
(C) in paragraph (3), by striking ``Administration--'' and
all that follows through the end of the paragraph and
inserting ``Administration, $29,932,000 for each of fiscal
years 2016 through 2020.'';
(D) in paragraph (4), by striking ``title--'' and all that
follows through the end of the paragraph and inserting
``title, $26,800,000 for each of fiscal years 2016 through
2020.''; and
(E) in paragraph (5), by striking ``title--'' and all that
follows through the end of the paragraph and inserting
``title, $30,564,000 for each of fiscal years 2016 through
2020.''; and
(3) by adding at the end the following:
``(b) Arctic Programs.--Of the amount authorized by this
section for each fiscal year--
``(1) $10,000,000 is authorized for use--
``(A) to acquire hydrographic data;
``(B) to provide hydrographic services;
``(C) to conduct coastal change analyses necessary to
ensure safe navigation;
``(D) to improve the management of coastal change in the
Arctic; and
[[Page S4769]]
``(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.''.
Mr. SASSE. Mr. President, I ask unanimous consent that the committee-
reported amendment be withdrawn, the Fischer substitute amendment be
agreed to, the bill, as amended, be read a third time and passed, and
the motion to reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 4940) in the nature of a substitute was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The bill (S. 2829), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
____________________