[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.

[[Page S4753]]

  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.

                          ____________________