[Senate Report 114-402]
[From the U.S. Government Publishing Office]


114th Congress       }                                 {        Report
                                 SENATE
 2d Session          }                                 {       114-402
_______________________________________________________________________

                                     




 MARITIME ADMINISTRATION AUTHORIZATION AND ENHANCEMENT ACT FOR FISCAL 
                               YEAR 2017

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2829

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                December 9, 2016.--Ordered to be printed
                
                
                                    ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

69-010                         WASHINGTON : 2016                
                
                
       
       
       
       
       
       
       
                
                
                
                
                
                
                
                
                
                
                
                
                
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred fourteenth congress
                             second session

                   JOHN THUNE, South Dakota, Chairman
 ROGER F. WICKER, Mississippi         BILL NELSON, Florida
 ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
 MARCO RUBIO, Florida                 CLAIRE McCASKILL, Missouri
 KELLY AYOTTE, New Hampshire          AMY KLOBUCHAR, Minnesota
 TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
 DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
 JERRY MORAN, Kansas                  ED MARKEY, Massachusetts
 DAN SULLIVAN, Alaska                 CORY BOOKER, New Jersey
 RON JOHNSON, Wisconsin               TOM UDALL, New Mexico
 DEAN HELLER, Nevada                  JOE MANCHIN, West Virginia
 CORY GARDNER, Colorado               GARY PETERS, Michigan
 STEVE DAINES, Montana
                       Nick Rossi, Staff Director
                 Adrian Arnakis, Deputy Staff Director
                    Jason Van Beek, General Counsel
                 Kim Lipsky, Democratic Staff Director
           Christopher Day, Democratic Deputy Staff Director
                 Clint Odom, Democratic General Counse
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                            
                 
                 
                 
                 
    
114th Congress       }                                 {        Report
                                 SENATE
 2d Session          }                                 {       114-402

======================================================================



 
 MARITIME ADMINISTRATION AUTHORIZATION AND ENHANCEMENT ACT FOR FISCAL 
                               YEAR 2017
                                _______
                                

                December 9, 2016.--Ordered to be printed

                                _______
                                

Mr. Thune, from the Committee on Commerce, Science, and Transportation, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2829]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2829), to amend and enhance 
certain maritime programs of the Department of Transportation, 
and for other purposes, having considered the same, reports 
favorably thereon with an amendment (in nature of a substitute) 
and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

    The purpose of the Maritime Administration Authorization 
and Enhancement Act for Fiscal Year 2017 is to authorize 
appropriations for certain maritime programs of the Department 
of Transportation for fiscal year (FY) 2017, and for other 
purposes. The bill would enhance sexual harassment and assault 
prevention and response policies at the United States Merchant 
Marine Academy (USMMA), provide more flexibility to the 
Maritime Administration (MARAD) to effectively manage maritime 
resources, and improve human resource management policies 
within MARAD.
    The purpose of the bill is also to authorize the Coast 
Guard to enter into contracts for advanced procurement for a 
polar icebreaker. It also would improve planning and evaluation 
of the icebreaker fleet. It would also make clarifying and 
technical corrections to United States Coast Guard authorities.
    In addition, the purpose of the bill is to reduce the 
incidence of sexual harassment and assault at the National 
Oceanic and Atmospheric Administration (NOAA). It would also 
reauthorize the NOAA Commissioned Officer Corps Act of 2002 (33 
U.S.C. 3001 et seq.), reauthorize the Hydrographic Services 
Improvements Act of 1998 (33 U.S.C. 892 et seq.), and make a 
number of improvements, clarifications, and refinements to the 
statutory authorities of NOAA.
    Finally, the purpose of the bill is to provide for the 
establishment of nationally-uniform and environmentally sound 
standards for the regulation of ballast water discharges and 
other discharges that are incidental to the normal operation of 
vessels.

                          Background and Needs

    MARAD was established in 1950 and its role today is to 
foster, promote, and develop the merchant marine industry of 
the United States. MARAD, an operating administration within 
the Department of Transportation (DOT), is tasked with the 
following:

     Operating the Maritime Security Program (MSP), 
which promotes and monitors the use of U.S.-flag vessels in the 
movement of cargo on international waters.

     Promoting port infrastructure development and 
congestion mitigation in the transportation system through 
education and coordination.

     Administering programs, including the Maritime 
Guaranteed Loan, the Small Shipyard Grant Program, and the 
Deepwater Port Licensing Program for offshore liquefied natural 
gas and oil receiving port facilities.

     Managing a Department of Defense (DOD) funded 
Ready Reserve Force to help sustain United States military 
operations at sea in times of emergency.

     Managing disposal of the National Defense Reserve 
Fleet (NDRF) when ships are no longer deemed useful for defense 
or missions.

     Informing the Department of Homeland Security on 
the availability of coastwise-qualified vessels.


USMMA and State Maritime Academies

    The USMMA, organized under and overseen by MARAD, is a 
Federal service academy that offers baccalaureate degrees 
specializing in engineering and maritime transportation. MARAD 
also supports six State Maritime Academies located in 
California, Maine, Massachusetts, Michigan, Texas, and New York 
and provides to them nearly $30 million in funding annually.

Sexual Harassment and Assault Policy

    The Duncan Hunter National Defense Authorization Act for FY 
2009 included legislation that required the Secretary of 
Transportation and the USMMA to implement policies that would 
address sexual assault and harassment at the USMMA.\1\ An 
October 2014 DOT Inspector General (IG) report noted 
deficiencies in the USMMA's effort.\2\ All nine of the report's 
recommendations have been resolved and closed, but continued 
attention is needed to ensure that the USMMA's sexual assault 
and harassment prevention action plan is fully implemented. 
This bill includes training and education provisions, victim 
advocacy programs, and investigatory requirements that align 
the USMMA's sexual assault and response prevention efforts with 
those of the DOD, Coast Guard, and United States military 
service academies.\3\
---------------------------------------------------------------------------
    \1\P.L. 110-417.
    \2\Better Program Management and Oversight are Required for USMMA's 
Efforts to Address Sexual Assault and Harassment. U.S. Department of 
Transportation, 2014, at https://www.oig.dot.gov/ sites/default/ files/
USMMA%20 Sexual%20Assualt %20and%20 Sexual%20 Harassment%20 Audit%20 
Report% 5E10-23-14.pdf.
    \3\P.L. 112-81, 125 Stat. 1432; P.L. 109-364, 120 Stat. 2205; P.L. 
113-66, 127 Stat. 983; P.L. 111-83, 124 Stat. 4432.
---------------------------------------------------------------------------

Department of Transportation Inspector General Report

    In 2015, the DOT IG reviewed MARAD's internal controls and 
released a report in December on the agency's management of 
planning, performance measurement, and risk management 
strategies, organizational structure, and workforce 
development. The report revealed weaknesses in MARAD's 
oversight of its own program implementation, monitoring, and 
oversight.\4\ This bill addresses concerns highlighted in the 
DOT IG report by strengthening certain program controls and 
improving workforce development and oversight policies.
---------------------------------------------------------------------------
    \4\U.S. Department of Transportation, Weaknesses In MARAD's 
Management Controls for Risk Mitigation, Workforce Development, and 
Program Implementation Hinder the Agency's Ability to Meet Its Mission, 
2015, at https://www.oig.dot.gov/sites/default/files/
MARAD%20Management%20Controls%20Final%20Report_12-10-15.pdf.
---------------------------------------------------------------------------

Coast Guard Icebreaker Policy

    The Coast Guard was established on January 28, 1915, 
through the consolidation of the Revenue Cutter Service 
(established in 1790) and the Lifesaving Service (established 
in 1848). The Coast Guard later assumed the duties of three 
other agencies: the Lighthouse Service (established 1789), the 
Steamboat Inspection Service (established in 1838), and the 
Bureau of Navigation (established in 1884).
    Under section 2 of title 14, United States Code, the Coast 
Guard has primary responsibility to enforce or assist in the 
enforcement of all applicable Federal laws in, under, and over 
the high seas and waters subject to the jurisdiction of the 
United States; to ensure safety of life and property at sea; to 
protect the marine environment; to carry out icebreaking 
activities; and to ensure the safety and security of vessels, 
ports, waterways, and related facilities.
    The United States polar icebreaker operations support 9 of 
the Coast Guard's 11 statutory missions. The roles of the 
icebreakers include: conducting and supporting scientific 
research in the Arctic and Antarctic; defending U.S. 
sovereignty and interests in Polar Regions; and monitoring sea 
traffic in the Arctic, specifically ships bound for the United 
States.\5\
---------------------------------------------------------------------------
    \5\Congressional Research Service Report RL34391, Coast Guard Polar 
Icebreaker Modernization: Background and Issues for Congress, by Ronald 
O'Rourke.
---------------------------------------------------------------------------
    The Coast Guard currently has three polar icebreakers, but 
only two of the vessels are operational. The operational fleet 
consists of one heavy polar icebreaker, Polar Star, and one 
medium icebreaker, Healy. The Polar Star entered service in 
1976 and is well beyond its 30-year service life, but has been 
refurbished and reentered service in December 2012 for an 
intended period of 7 to 10 years--a period that will end 
between December 2019 and December 2022. The third icebreaker, 
the Polar Sea, is a sister ship to the Polar Star and also 
commissioned over 30 years ago. In 2010 the Coast Guard 
announced that the Polar Sea had suffered an engine casualty 
and the ship was placed in an inactive status in October of 
2011.\6\
---------------------------------------------------------------------------
    \6\Ibid.
---------------------------------------------------------------------------
    The current requirements and future projections based on 
cutter demand modeling indicates that the Coast Guard will need 
to expand its icebreaking capacity. To adequately meet demands 
in the high latitudes a fleet of six icebreakers (three heavy 
and three medium) may be necessary to respond to the increase 
in activity and vessel traffic in the Arctic region. These 
needs were based on an assessment of the Coast Guard's Polar 
responsibilities, and the activities it may be required to 
perform over the next 30 years.\7\
---------------------------------------------------------------------------
    \7\Testimony of Coast Guard Director of Homeland Security and 
Justice Stephen L. Caldwell, Subcommittee on Coast Guard and Maritime 
Transportation, The House Committee on Transportation and 
Infrastructure, Observations on Arctic Requirements, Icebreakers, and 
Coordination with Stakeholders, hearings, 112th Congress, 1st sess., 
December 1, 2011, H.Hrg. 112-63 (Washington, DC:GPO, 2012).
---------------------------------------------------------------------------

Vessel Incidental Discharge Act

    Senate Report 114-96 includes the background and needs for 
title VII of this bill, which is S. 373, the Vessel Incidental 
Discharge Act, reported by the Committee on July 29, 2015.

NOAA Sexual Harassment and Assault Prevention Act

    Senate Report 114-384 includes the background and needs for 
title VIII of this bill, which is S. 2206, the National Oceanic 
and Atmospheric Administration Sexual Harassment and Assault 
Prevention Act, reported by the Committee on November 28, 2016.

                         Summary of Provisions

    The Maritime Administration Authorization and Enhancement 
Act for Fiscal Year 2017 would authorize appropriations for 
certain maritime programs at the DOT for FY 2017. It would 
ensure incoming midshipmen receive training on sexual assault 
prevention and response as part of their orientation program, 
and refresher training annually thereafter. It would require 
the USMMA to designate and train volunteer sexual assault 
victim advocates to help victims identify resources, understand 
their rights, and have access to assistance in navigating 
investigative, health, and recovery processes. Further, it 
would require the USMMA to employ a full-time sexual assault 
response coordinator, at or near campuses, to ensure a strong 
management structure for training and support activities. It 
also would guarantee access to a 24-hour hotline through which 
a sexual assault victim at the USMMA can receive support 
services.
    The bill would allow the DOD and DOT to extend, on a 
limited basis when in the national interest, the age 
restrictions for a vessel in the maritime security program, 
helping ensure access to the most militarily-useful U.S.-flag 
vessels during times of national emergency. It would establish 
a standardized training database, enhance workforce plans, and 
align training policies at MARAD headquarters and field 
offices. It would require fleet managers to receive training on 
DOT's drug and alcohol policy to increase safety for employees 
working on or around vessels.
    The bill would require students at State Maritime Academies 
that receive funding from DOT to meet medical and physical 
standards necessary to serve in the merchant marine, ensuring 
Federal support helps build our Nation's maritime workforce. It 
would provide DOT with 10 additional discretionary appointments 
at the USMMA for midshipmen with unique characteristics, 
including prior military service, exceptional science and math 
accomplishment, and unrepresented geographic or demographic 
characteristics, aiding in the recruitment of a diverse and 
accomplished student body.
    The bill would authorize the Coast Guard to enter into 
contracts for advanced procurement for a polar icebreaker. It 
would require the Coast Guard to develop a heavy icebreaker 
recapitalization plan. It also would require the Secretary of 
Homeland Security, in consultation with the Secretary of the 
Navy, to submit an icebreaker recapitalization plan that meets 
the 2013 Department of Homeland Security Mission Need Statement 
and requires the Government Accountability Office to study the 
state of the Federal and on international icebreaker funding 
models.
    Senate Report 114-96 includes the summary of provisions for 
title VII of this bill, which is S. 373, the Vessel Incidental 
Discharge Act, reported by the Committee on July 29, 2015.
    Senate Report 114-384 includes the summary of provisions 
for title VIII of this bill, which is S. 2206, the National 
Oceanic and Atmospheric Administration Sexual Harassment and 
Assault Prevention Act, reported by the Committee on November 
28, 2016.

                          Legislative History

    On April 20, 2016, Senator Fischer introduced S. 2829, the 
Maritime Administration Authorization and Enhancement Act for 
Fiscal Year 2017, with Senator Booker as an original cosponsor.
    On April 27, 2016, the Committee met in open Executive 
Session and, by a voice vote, ordered S. 2829 to be reported 
favorably with an amendment in the nature of a substitute. 
Amendments were offered by Senators Blumenthal, Cantwell, 
Nelson, Sullivan, Rubio, and Wicker.
    The substitute amendment from Senator Fischer would create 
a maritime workforce working group and require a report by the 
Secretary of the department in which the Coast Guard is 
operating on use of the Pribilof Islands. This amendment was 
accepted by voice vote.
    Three first degree amendments from Senator Blumenthal would 
require: cadets of the USMMA to receive training on sexual 
harassment and sexual assault prevention during their first 
week at the USMMA; cadets at the USMMA to receive sexual 
harassment and sexual assault prevention training biennially; 
and victim advocates at the USMMA to maintain confidentially of 
information related to sexual assault. These amendments were 
accepted by voice vote.
    A first degree amendment from Senator Cantwell would 
authorize the Coast Guard to enter into contracts for advance 
procurement activities associated with heavy icebreaker design 
and construction activities. This amendment was accepted by 
voice vote.
    A first degree amendment from Senator Nelson would 
establish a task force to analyze the impact of extreme weather 
events on the maritime transportation system. A second degree 
amendment from Senator Sullivan to the amendment from Senator 
Nelson would add mariner litigation reform provisions. These 
amendments were accepted by voice vote, with Senators 
Blumenthal, Udall, McCaskill, Markey, Booker, Peters, Schatz, 
Klobuchar, and Cantwell recorded against the amendment from 
Senator Sullivan.
    A first degree amendment from Senator Rubio would include 
S. 373, the Vessel Incidental Discharge Act. This amendment was 
accepted by voice vote, with Senators Blumenthal, Booker, 
Udall, Markey, and Cantwell recorded as against the amendment.
    A first degree amendment from Senator Sullivan would 
include S. 2206, the National Oceanic and Atmospheric 
Administration Sexual Harassment and Assault Prevention Act. 
This amendment was accepted by voice vote.
    A first degree amendment, as modified, from Senator Wicker 
would extend a waiver pertaining to floating dry docks. This 
amendment was accepted by voice vote.
    A first degree amendment from Senator Wicker would set 
reporting requirements for the vessel disposal program of 
MARAD. This amendment was accepted by voice vote.

Hearings

    On March 8, 2016, the Subcommittee on Surface 
Transportation and Merchant Marine Infrastructure, Safety and 
Security of the Committee on Commerce, Science, and 
Transportation of the Senate held an oversight hearing to 
examine how Federal policy and programs can enhance the 
performance of the maritime transportation system.
    On April 20, 2016, the Subcommittee on Surface 
Transportation and Merchant Marine Infrastructure, Safety and 
Security of the Committee on Commerce, Science, and 
Transportation of the Senate held an oversight hearing to 
explore current trends, opportunities, and challenges facing 
the U.S. maritime transportation system.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 2829--Maritime Administration Authorization and Enhancement Act for 
        Fiscal Year 2017

    Summary: S. 2829 would reauthorize programs administered by 
the National Oceanic and Atmospheric Administration (NOAA) and 
the Maritime Administration (MARAD). The act would require 
those agencies to establish certain personnel-related policies, 
particularly to prevent sexual harassment and assault within 
those agencies and related institutions, and make a variety of 
other changes to federal policies and regulations related to 
maritime programs and related activities. Assuming 
appropriation of the authorized and estimated amounts, CBO 
estimates that implementing S. 2829 would cost $944 million 
over the 2017-2021 period.
    Enacting the legislation would affect direct spending and 
revenues; therefore, pay-as-you-go procedures apply. CBO 
estimates, however, that any such effects would be 
insignificant in any given year. CBO estimates that enacting S. 
2829 would not increase net direct spending or on-budget 
deficits in any of the four consecutive 10-year periods 
beginning in 2027.
    S. 2829 would impose intergovernmental and private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
CBO estimates that the costs of those mandates would fall below 
the annual thresholds established in UMRA for intergovernmental 
and private-sector mandates ($77 million and $154 million in 
2016, respectively, adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary effect of S. 2829 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment) and 400 (transportation).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2017     2018     2019     2020     2021   2017-2021
----------------------------------------------------------------------------------------------------------------
                                INCREASES IN SPENDING SUBJECT TO APPROPRIATION\a\
 
NOAA Hydrographic Activities
    Authorization Level.................................      183      183      183      183        0       732
    Estimated Outlays...................................      119      156      178      183       64       700
NOAA Personnel Policies
    Estimated Authorization Level.......................        6        6        6        6        6        30
    Estimated Outlays...................................        4        6        6        6        6        28
MARAD Activities
    Authorization Level.................................      216        0        0        0        0       216
    Estimated Outlays...................................      183       22       11        0        0       216
    Total Increases
        Estimated Authorization Level...................      405      189      189      189        6       978
        Estimated Outlays...............................      306      184      195      189       70       944
----------------------------------------------------------------------------------------------------------------
Note: NOAA = National Oceanic and Atmospheric Administration; MARAD = Maritime Administration.
\a\Enacting S. 2829 also would have an insignificant effect on direct spending and revenues.

    Basis of estimate: For this estimate CBO assumes that S. 
2829 will be enacted near the start of fiscal year 2017 and 
that appropriations will be provided each fiscal year. 
Estimates of outlays are based on historical spending patterns 
for NOAA and MARAD.

Spending subject to appropriation

    CBO estimates that S. 2829 would authorize appropriations 
totaling $978 million over the 2017-2021 period. That amount 
includes $762 million for programs administered by NOAA and 
$216 million for programs administered by MARAD. CBO estimates 
that outlays would total $306 million in 2017 and $944 million 
over the next five years.
    Hydrographic Activities. Title III would authorize the 
appropriation of $183 million a year over the 2017-2021 period 
to carry out hydrographic activities, including nautical 
mapping and charting, collecting hydrographic data, maintaining 
a geodetic reference system, and measuring tides and currents. 
In 2015, NOAA allocated $183 million to carry out similar 
activities. Assuming appropriation of the authorized amounts, 
CBO estimates that implementing title III would cost $700 
million over the 2017-2021 period.
    Personnel Policies. Implementing the personnel policies in 
the act would increase discretionary costs by almost $30 
million over the 2017-2021 period, CBO estimates.
    Sexual Harassment Policy. Title I would require NOAA to 
develop a policy to prevent and respond to sexual harassment 
within the agency, and would require NOAA to designate people 
in 11 locations throughout the country to handle matters 
related to equal employment opportunities and sexual 
harassment. The act also would require the agency to place 
victims' advocates at each of those locations. CBO expects that 
the agency would fill up to 44 positions through a combination 
of training existing staff and hiring new employees. Based on 
information from NOAA about the level of expertise required and 
incorporating the related overhead costs, CBO estimates that 
each new hire for this work would cost about $160,000 a year. 
Finally, the act would require NOAA to staff a 24-hour hotline 
for victims of sexual assault, which CBO expects would require 
eight new employees. Based on information provided by NOAA 
regarding salary and training costs, CBO estimates that 
implementing title I would cost about $25 million over the 
2017-2021 period.
    Recruiting. Title II would authorize NOAA to spend 
appropriated funds to recruit members for the commissioned 
officer corps. On average, the corps admits about 30 new 
members each year. Based on the cost of recruiting for the 
other uniformed services, CBO estimates that implementing this 
provision would cost less than $500,000 a year.
    Title II also would authorize NOAA to pay certain expenses 
related to higher education for people serving in the 
commissioned officer corps or those who commit to serve in the 
corps after completing a college degree. Based on information 
provided by the agency about the number of officers who would 
receive such assistance, CBO estimates that implementing this 
provision would cost less than $200,000 a year.
    MARAD Activities. MARAD is primarily responsibility for 
overseeing the nation's merchant marine, comprising civilian 
mariners and the fleet of U.S. vessels engaged primarily in 
waterborne commerce. S. 2829 would authorize appropriations 
totaling $216 million in 2017 for certain activities carried 
out by MARAD. (The agency received $183 million for such 
activities in 2016.) That authorized amount includes:
           $100 million for the U.S. Merchant Marine 
        Academy, which trains officers for the merchant marine, 
        branches of the military, and the transportation 
        industry;
           $57 million for operations and program 
        support provided by MARAD's headquarters;
           $30 million to provide financial and other 
        support to state maritime academies;
           $20 million for the cost of disposing of 
        obsolete vessels in the National Defense Reserve Fleet;
           $6 million to analyze the need for a multi-
        mission vessel to support training needs of state 
        maritime academies and to assist in responding to 
        disasters; and
           $3 million for the costs of administering 
        loan guarantees to construct or modernize U.S. vessels 
        or shipyards.
    Based on historical spending patterns for MARAD's 
activities, CBO estimates that the resulting outlays would 
total $183 million in 2017 and $216 million over the 2017-2019 
period.

Direct spending and revenues

    S. 2829 also contains provisions that would affect direct 
spending and revenues. CBO estimates that enacting those 
provisions would, in total, have no significant net effect on 
direct spending or revenues.
     Section 502 would modify the timing and accounting 
methodology for reimbursements made by the U.S. Coast Guard to 
the Department of Defense (DoD) for health care provided to 
Coast Guard retirees (and current members) at DoD facilities. 
Because spending for the health care of retirees of the Coast 
Guard originates from mandatory appropriations, changes in 
reimbursements could affect direct spending. However, on the 
basis of information provided by the Coast Guard and DoD, CBO 
estimates the net effects of such changes would be 
insignificant in any year.
     Section 724 would establish service requirements 
for individuals enlisting in NOAA's commissioned officer corps 
and require individuals who fail to meet those requirements to 
repay NOAA an amount equal to the costs incurred to train that 
person. Based on information from NOAA, we estimate that any 
repayments from officers who fail to meet service requirements 
under the act would be insignificant (such payments would be 
offsetting receipts, which are credits against direct 
spending).
     Section 739 would establish criminal fines that 
could be charged to individuals who wear the uniform of NOAA' s 
commissioned officer corps without proper authorization. CBO 
estimates that any increased criminal penalties under S. 2829 
(which would be recorded as revenues) would be insignificant 
due to the small number of likely cases; such amounts would be 
fully offset by a corresponding increase in direct spending, 
resulting in a negligible net effect on the deficit.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. CBO estimates that enacting S. 2829 would have an 
insignificant effect on both direct spending and revenues.
    Increase in long-term direct spending and deficits: CBO 
estimates that enacting S. 2829 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2027.
    Intergovernmental and private-sector impact: S. 2829 would 
impose intergovernmental and private-sector mandates as defined 
in UMRA. CBO estimates that the costs of those mandates would 
fall below the annual thresholds established in UMRA for 
intergovernmental and private-sector mandates ($77 million and 
$154 million in 2016, respectively, adjusted annually for 
inflation).

Mandates that apply to public and private entities

    The act could increase the costs of complying with existing 
mandates by making personnel in the NOAA commissioned officer 
corps eligible for protections under the Uniformed Services 
Employment and Reemployment Rights Act (USERRA). Protections 
under that act require public and private employers to grant 
various allowances to members of the uniformed services. 
Because the increase in the number of servicemembers covered by 
USERRA would be so small (fewer than 400), CBO estimates that 
the incremental cost of compliance also would be small.

Mandates that apply to public entities only

    The act would exempt NOAA officers from an obligation to 
serve on juries if the service unreasonably conflicts with 
official duties or would adversely affect the readiness of a 
unit, command, or activity. By expanding this exemption to NOAA 
officers, the legislation would preempt some state and local 
laws governing jury duty; however, that preemption would impose 
no duty on state or local governments that would result in 
additional spending or a loss of revenues.

Mandates that apply to private entities only

    The act would prohibit individuals from wearing the uniform 
of the NOAA commission officer corps without authorization. CBO 
expects that the prohibition would affect few individuals. 
Consequently, the cost of the mandate would be negligible.
    Previous CBO estimate: On June 29, 2016, CBO transmitted a 
cost estimate for S. 2206, the National Oceanic and Atmospheric 
Administration Sexual Harassment and Assault Prevention Act, as 
ordered reported by the Senate Committee on Commerce, Science, 
and Transportation on November 18, 2015. S. 2206 is similar to 
title VIII of S. 2829, and the CBO's estimates of the budgetary 
effects of those provisions are the same.
    Estimate prepared by: Federal costs: MARAD--Megan Carroll, 
NOAA--Jeff LaFave, Military Health System--Matthew Schmit; 
impact on state, local, and tribal governments: Jon Sperl; 
impact on the private sector: Amy Petz.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                           Regulatory Impact

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    S. 2829 would affect the nearly 1,000 cadets at the USMMA 
through enhanced training requirements with respect to the 
USMMA's sexual harassment and assault prevention and response 
program. S. 2829 also would affect approximately 7,000 cadets 
located at the 6 State Maritime Academies by requiring them to 
meet certain physical fitness standards throughout their 
enrollments at State Maritime Academies. Senate Report 114-96 
includes the number of persons covered by title VII of this 
bill, which is S. 373, the Vessel Incidental Discharge Act, 
reported by the Committee on July 29, 2015. Senate Report 114-
384 includes the number of persons covered by title VIII of 
this bill, which is S. 2206, the National Oceanic and 
Atmospheric Administration Sexual Harassment and Assault 
Prevention Act, reported by the Committee on November 28, 2016.

                            economic impact

    The bill would authorize appropriations of $215,594,000 for 
certain maritime programs of the DOT for FY 2017. This 
represents an increase over currently appropriated funding 
levels. Senate Report 114-96 includes the economic impact 
covered by title VII of this bill, which is S. 373, the Vessel 
Incidental Discharge Act, reported by the Committee on July 29, 
2015. Senate Report 114-384 includes the economic impact 
covered by title VIII of this bill, which is S. 2206, the 
National Oceanic and Atmospheric Administration Sexual 
Harassment and Assault Prevention Act, reported by the 
Committee on November 28, 2016.

                                privacy

    The bill will not impact the personal privacy of 
individuals.

                               paperwork

    The reported bill will not increase paperwork requirements 
for the private sector. The bill will increase the number of 
reports from the Federal Government.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


             Title I--Maritime Administration Authorization


Sec. 101. Authorization of the Maritime Administration.

    This section would authorize appropriations for FY 2017 to 
DOT for programs of MARAD, including: the USMMA; State Maritime 
Academies; MARAD operations and programs; the ship disposal 
program; and the maritime guaranteed loan program. The maritime 
security program would remain authorized at the levels codified 
in section 53111 of title 46, United States Code.

Sec. 102. Maritime Administration authorization request.

    This section would amend section 109 of title 49, United 
States Code, to require MARAD - not later than 30 days after 
the submission of the President's budget - to submit an 
authorization request to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives.

  Title II--Prevention of sexual harassment and assault at the United 
                         States Marine Academy


Sec. 201. Actions to address sexual harassment and sexual assault at 
        the United States Merchant Marine Academy.

    This section would amend chapter 513 of title 46, United 
States Code, to codify the existing requirement for the USMMA 
to prescribe a comprehensive policy on sexual harassment and 
sexual assault applicable to the cadets and other personnel of 
the USMMA, and it would add a requirement that the policy be 
available to all cadets and employees of the USMMA and the 
public.
    The amendment made by this section would add a requirement 
that ensures the USMMA development program includes a section 
on the prevention of and response to sexual harassment and 
sexual assault at the USMMA. The amendment made by this section 
also would require that all USMMA cadets receive training - not 
later than 7 days after arrival at the Academy and biannually 
thereafter - on the prevention of and response to sexual 
harassment and sexual assault.
    This section would codify the existing requirement for the 
Secretary of Transportation, in cooperation with the 
Superintendent of the USMMA, to conduct an annual assessment 
and biennial survey to determine the effectiveness of USMMA 
policies, procedures, and training on sexual harassment and 
sexual assault, and it would add a requirement for DOT to 
conduct a focus group for years when the survey is not 
required. This section also would codify the existing 
requirement for the Secretary to submit to Congress an annual 
report on sexual harassment and sexual assault, and it would 
require the Secretary to include in the report the results of 
the required survey or focus group.

Sec. 202. Sexual assault response coordinators and sexual assault 
        victim advocates.

    This section would amend chapter 513 of title 46, United 
States Code, to require the USMMA to employ or contract with at 
least one full-time sexual response coordinator who shall 
reside on or near the USMMA.
    The new section 51319 of title 46, United States Code, 
would establish the framework for volunteer sexual assault 
victim advocates, and it would require the USMMA to designate 
at least one permanent employee as a sexual assault victim 
advocate. The amendment made by this section would require 
sexual assault victim advocates to receive training in matters 
relating to sexual assault and the USMMA comprehensive policy. 
It would set the primary duties of a sexual assault victim 
advocate, including identifying resources, informing victims of 
rights, and connecting with or serving as a companion in 
navigating investigative, medical, mental and emotional health, 
and recovery processes relating to sexual assault.
    The amendment made by this section would establish a 24-
hour hotline through which the victim of a sexual assault can 
receive victim support services. It also would provide that any 
information disclosed by a victim to a victim advocate shall be 
treated as confidential.

Sec. 203. Report from the Department of Transportation Inspector 
        General.

    This section would require the DOT IG to 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 USMMA.

Sec. 204. Sexual assault prevention and response working group.

    This section would require the Maritime Administrator to 
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 USMMA. This section also would set the membership 
requirements for the working group.
    This section would set the responsibilities of the working 
group, including the requirement to assess a potential program 
or policy, applicable to all participants of the maritime 
security program, to improve the prevention of or response to 
sexual harassment and sexual assault incidents. This section 
would require the working group to submit a report containing 
recommendations and other information to the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives.

             Title III--Maritime administration enhancement


Sec. 301. Status of National Defense Reserve Fleet vessels.

    This section would amend section 4405 of title 50, United 
States Code, to clarify that vessels in the NDRF are considered 
public vessels of the United States. The amendment made by this 
section also would clarify that a vessel in the NDRF remains 
subject to the rights and responsibilities of a vessel under 
admiralty law until it is delivered to a dismantling facility 
or is otherwise disposed.

Sec. 302. Port infrastructure development.

    This section would amend section 50302(c)(4) of title 46, 
United States Code, to allow the Maritime Administrator to use 
not more than 3 percent of port infrastructure development 
program funds for administrative expenses of the program.

Sec. 303. Use of State academy training vessels.

    This section would amend section 51504(g) of title 46, 
United States Code, to allow the Secretary of Transportation, 
after consulting with the affected State Maritime Academies, to 
implement a program requiring a State maritime academy to share 
its training vessel with another State maritime academy, under 
certain conditions. For example, if a State maritime academy 
training vessel is being used during a humanitarian assistance 
or disaster response activity, the Secretary may require 
another State maritime academy to share its vessel.

Sec. 304. State maritime academy physical standards and reporting.

    This section would amend section 51506 of title 46, United 
States Code, to require any individual enrolled at a State 
maritime academy in a merchant marine officer program to pass 
an examination that demonstrates that such individual meets the 
medical and physical requirements required to obtain a 
mariner's license or merchant mariner documentation to ensure 
the individual is of sound health and has no physical 
limitations.
    The amendment made by this section also would require the 
individual to meet those standards throughout enrollment at a 
State maritime academy. This section would set transfer and 
disenrollment requirements and allow the Secretary to grant 
waivers.

Sec. 305. Authority to extend certain age restrictions relating to 
        vessels participating in the maritime security fleet.

    This section would amend section 53102 of title 46, United 
States Code, to allow the Secretary of Defense, in conjunction 
with the Secretary of Transportation, to extend the maximum age 
restrictions for a participating fleet vessel in the maritime 
security program for up to 5 years if the Secretaries jointly 
determine that such extension is in the national interest. This 
section also would amend section 53106(c)(3) of title 46, 
United States Code, to repeal the special age limitation of 30 
years for a lighter aboard ship vessel in the maritime security 
program.

Sec. 306. Appointments.

    This section would amend section 51303 of title 46, United 
States Code, to increase from 40 to 50 the number of potential 
appointments to the USMMA for individuals the Secretary of 
Transportation considers to be of special value. The Secretary 
considers 20 factors for special value including: prior 
military experience; whether the individual is the first in 
their family to attend college; exceptional science or math 
accomplishment; whether the individual comes from a 
historically underrepresented group; fluency in a foreign 
language; and exceptional sailing or athletic experience.
    This section also would require the Superintendent of the 
USMMA to post on the USMMA public website a summary profile of 
each class.

Sec. 307. High-speed craft classification services.

    This section would allow the Secretary of the Navy to 
select, under certain conditions, a classification society 
recognized and authorized by the Secretary to provide a 
classification for high-speed craft.

Sec. 308. Maritime workforce working group.

    This section would require the Secretary of Transportation 
to convene a working group to examine and assess the size of 
the pool of citizen mariners necessary to support the United 
States Flag Fleet, especially in times of emergency. This 
section also sets the membership requirements of the working 
group, and requires it to assess the accessibility and value of 
the Coast Guard's merchant mariner licensing documentation 
system in supporting the effort to assess the pool of citizen 
mariners, and make recommendations to enhance the availability 
and quality of interagency data for use by MARAD in evaluating 
the pool of citizen mariners.

Sec. 309. Vessel disposal program.

    This section would require the Maritime Administrator to 
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 on: the amount and use of funds credited to or 
distributed from MARAD's Vessel Operations Revolving Fund and 
any other account attributable to MARAD's vessel disposal 
program; all National Maritime Heritage Grants Program 
applications submitted during a given FY and a summary of those 
applications that were approved; and a detailed description of 
each project funded under the National Maritime Heritage Grants 
Program during the prior FY.
    This section also would require the Maritime Administrator 
to assess MARAD's vessel disposal program and develop a more 
comprehensive understanding of the world of Federal vessels 
subject to MARAD's disposal program, including its plans to 
serve as a disposal agent for those vessels.

Sec. 310. Maritime extreme weather task force.

    This section would require the Secretary of Transportation 
to create an extreme weather task force within 15 days of 
enactment that will analyze the impact of extreme weather 
events on the maritime environment. Further, the task force 
would be required to report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives on: the availability of weather prediction, 
monitoring, and maritime vessel routing technology resources; 
industry best practices that relate to the response or 
prevention of marine casualties that result from extreme 
weather events; recommendations for improving maritime response 
operations during extreme weather events; and recommendations 
on regulatory actions that could be implemented to improve 
maritime response operations during extreme weather events.

Sec. 311. Penalty wages.

    Current law provides that if a vessel owner does not pay a 
seaman what the seaman is owed under the seaman's employment 
contract without sufficient cause, the vessel owner must pay 
the seaman two days wages for each day the owner does not pay 
the seaman the contractual amount. In the case of a class 
action suit brought by seamen who served on cruise ships, the 
total amount of the penalty is limited to 10 times the amount 
of wages owed. This section would amend sections 10313(g) and 
10504(c) of title 46, United States Code, to cap the penalty 
amount at 10 times the amount of wages owed for any seaman 
serving on a cruise ship, regardless of whether the relief is 
sought in a class action.

Sec. 312. Recourse for noncitizens.

    This section would amend section 30104 of title 46, United 
States Code, to clarify that a foreign citizen mariner may file 
a personal injury lawsuit in a U.S. court under four 
circumstances: (1) if the accident occurred in U.S. waters; (2) 
if the accident occurred aboard a U.S. flagged vessel; (3) no 
matter where the accident occurred, if the claimant was a 
permanent resident alien of the United States at the time of 
the accident; or (4) no matter where the accident occurred, if 
the claimant does not have a right to bring suit in the 
claimant's country of residence or the flag state of the vessel 
from which the claim arose.

Sec. 313. Floating dry docks.

    Current law specifies that certain requirements for vessels 
transporting merchandise do not apply to a floating dry dock 
if: (1) the movement is within 5 nautical miles of the shipyard 
or affiliate that owns and operates the floating dry dock; (2) 
it is being used to launch or raise a vessel in connection with 
the construction, maintenance, or repair of that vessel; (3) it 
is owned and operated by a U.S. shipyard that meets specified 
criteria or an affiliate of such shipyard; and (4) it was owned 
or contracted for purchase by the shipyard prior to December 
19, 2014. This section would amend the date condition under 
section 55122(a)(1)(C) of title 46, United States Code, to read 
December 19, 2017, instead of December 19, 2014.

     Title IV--Implementation of workforce management improvements


Sec. 401. Workforce plans and onboarding policies.

    This section would require the Maritime Administrator to 
review MARAD's workforce plans, including its Strategic Human 
Capital Plan and Leadership Succession Plan, and fully 
implement competency models for mission-critical occupations, 
including leadership positions, human resources positions, and 
transportation specialist positions.
    This section would require the Maritime Administrator to 
align MARAD's onboarding policies and procedures at 
headquarters and the field offices and to update MARAD's 
training policies and training systems to include controls that 
ensure that all completed training is tracked in a standardized 
training repository.
    This section would require the Maritime Administrator to 
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 MARAD's compliance with this 
section.

Sec. 402. Drug and alcohol policy.

    This section would require the Maritime Administrator to 
ensure that all fleet managers have received training on the 
DOT's drug and alcohol policy, including the testing procedures 
used by DOT and MARAD in cases of reasonable suspicion. It also 
would require MARAD to institute a system for tracking all drug 
and alcohol policy training in a standardized training 
repository.
    This section would require the Administrator to 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 MARAD's compliance with this 
section.

Sec. 403. Vessel transfers.

    This section would require the Maritime Administrator to 
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 updated Vessel Transfer Office 
procedures to process vessel transfer applications.

                     Title V--Technical amendments


Sec. 501. Clarifying amendment; continuation boards.

    This section would amend section 290(a) of title 14, United 
States Code, to make a clarifying amendment concerning the 
continuation board convened for the Coast Guard.

Sec. 502. Prospective payment of funds necessary to provide medical 
        care.

    Section 217 of the Coast Guard Authorization Act of 2015 
(Public Law 114-120), established a framework for the 
prospective payment from the Secretary of Homeland Security to 
the Secretary of Defense for an amount that represents the 
actuarial valuation of treatment or care. This section repealed 
section 217 of that Act and codified clarifying and technical 
changes to that law under section 520 of title 14, United 
States Code.

Sec. 503. Technical corrections to title 46, United States Code.

    This section would make technical corrections to strike 
unnecessary or erroneous words in title 46, United States Code.

Sec. 504. Coast Guard use of the Pribilof Islands.

    This section would require the Coast Guard to 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 on the Coast 
Guard's use of certain tracts of land on St. Paul Island since 
the operation of its long range aid to navigation (LORAN-C) 
system was terminated; the Coast Guard's planned use of those 
tracts of land during FYs 2016, 2017, and 2018; and the Coast 
Guard's plans for using those tracts and other facilities on 
St. Paul Island after FY 2018.

   Title VI--Polar Icebreaker Fleet Recapitalization Transparency Act


Sec. 601. Short title.

    This section would designate the short title of this title 
as, the ``Polar Icebreaker Fleet Recapitalization Transparency 
Act.''

Sec. 602. Definitions.

    The definition for the term ``appropriate committees of 
Congress'' would mean the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives. The term ``Secretary'' would mean the 
Secretary of the department in which the Coast Guard is 
operating.

Sec. 603. Authority for polar icebreaker acquisition.

    This section would authorize the Secretary to carry out 
design and construction activities for the acquisition of new 
heavy polar icebreakers. It would authorize advance procurement 
and participation in interagency financing. It would authorize 
appropriations.

Sec. 604. Polar icebreaker recapitalization plan.

    This section would require the Secretary, in consultation 
with the Secretary of the Navy, to submit to Congress a 
detailed recapitalization plan that meets the 2013 Department 
of Homeland Security Mission Need Statement within 120 days 
after enactment. The plan would be required to include the 
number of heavy and medium polar ice breakers required to meet 
Coast Guard missions, vessel specifications, appropriations 
required for acquisition, and describe potential polar region 
gaps.

Sec. 605. GAO report icebreaking capability in the United States.

    This section would require the Comptroller General of the 
United States to submit a report to Congress on the current 
state of the United States Federal polar icebreaking fleet not 
later than 6 months after enactment. The report would be 
required to include an analysis of the icebreaking assets, gaps 
in icebreaking capabilities, a list of countries that are 
allies of the United States that have icebreaking capacity, and 
barriers that have prevented timely recapitalization of the 
Coast Guard polar icebreaking fleet.

               Title VII--Vessel Incidental Discharge Act

    This section includes the text of S. 373, the Vessel 
Incidental Discharge Act, as reported by the Committee on July 
29, 2015 (Senate Report 114-96).

  Title VIII--National Oceanic and Atmospheric Administration Sexual 
                 Harassment and Assault Prevention Act

    This section includes the text of S. 2206, the National 
Oceanic and Atmospheric Administration Sexual Harassment and 
Assault Prevention Act, as reported by the Committee on 
November 28, 2016 (Senate Report 114-384).

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

             TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES


                          PART III. EMPLOYEES

                  SUBPART B. EMPLOYMENT AND RETENTION

           CHAPTER 33. EXAMINATION, SELECTION, AND PLACEMENT

       SUBCHAPTER I. EXAMINATION, CERTIFICATION, AND APPOINTMENT

Sec. 3304. Competitive service; examinations

           *       *       *       *       *       *       *


  (f)(1) Preference eligibles or veterans who have been 
separated from the armed forces 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 under 
honorable conditions after 3 years or more of active service 
may not be denied the opportunity to compete for vacant 
positions for which the agency making the announcement will 
accept applications from individuals outside its own workforce 
under merit promotion procedures.
          (2) If selected, a preference eligible [or veteran], 
        veteran, or member described in paragraph (1) shall 
        receive a career or career-conditional appointment, as 
        appropriate.
          (3) This subsection shall not be construed to confer 
        an entitlement to veterans' preference that is not 
        otherwise required by law.
          (4) The area of consideration for all merit promotion 
        announcements which include consideration of 
        individuals of the Federal workforce shall indicate 
        that preference eligibles and veterans who have been 
        separated from the armed forces 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 under honorable conditions 
        after 3 years or more of active service are eligible to 
        apply. The announcements shall be publicized in 
        accordance with section 3327.
          (5) The Office of Personnel Management shall 
        prescribe regulations necessary for the administration 
        of this subsection. The regulations shall ensure that 
        an individual who has completed an initial tour of 
        active duty is not excluded from the application of 
        this subsection because of having been released from 
        such tour of duty shortly before completing 3 years of 
        active service, having been honorably released from 
        such duty.

                         TITLE 10. ARMED FORCES


                    SUBTITLE A. GENERAL MILITARY LAW

                           PART II. PERSONNEL

             CHAPTER 53. MISCELLANEOUS RIGHTS AND BENEFITS

Sec. 1044a. Authority to act as notary

  (a) The persons named in subsection (b) have the general 
powers of a notary public and of a consul of the United States 
in the performance of all notarial acts to be executed by any 
of the following:
          (1) Members of any of the [armed forces] uniformed 
        services.
          (2) Other persons eligible for legal assistance under 
        the provisions of section 1044 of this title or 
        regulations of the Department of Defense.
          (3) Persons serving with, employed by, or 
        accompanying the armed forces outside the United States 
        and outside the Commonwealth of Puerto Rico, Guam, and 
        the Virgin Islands.
          (4) Other persons subject to the Uniform Code of 
        Military Justice (chapter 47 of this title) outside the 
        United States.
  (b) Persons with the powers described in subsection (a) are 
the following:
          (1) All judge advocates, including reserve judge 
        advocates when not in a duty status.
          (2) All civilian attorneys serving as legal 
        assistance attorneys.
          (3) All adjutants, assistant adjutants, and personnel 
        adjutants, including reserve members when not in a duty 
        status.
          (4) All other members of the [armed forces] uniformed 
        services, including reserve members when not in a duty 
        status, who are designated by regulations of the [armed 
        forces] uniformed services or by statute to have those 
        powers.
          (5) For the performance of notarial acts at locations 
        outside the United States, all employees of a military 
        department or the Coast Guard who are designated by 
        regulations of the Secretary concerned or by statute to 
        have those powers for exercise outside the United 
        States.
  (c) No fee may be paid to or received by any person for the 
performance of a notarial act authorized in this section.
  (d) The signature of any such person acting as notary, 
together with the title of that person's offices, is prima 
facie evidence that the signature is genuine, that the person 
holds the designated title, and that the person is authorized 
to perform a notarial act.

                         TITLE 10. ARMED FORCES


                    SUBTITLE A. GENERAL MILITARY LAW

                           PART II. PERSONNEL

                   CHAPTER 57. DECORATIONS AND AWARDS

Sec. 1121. Legion of Merit: award

  The President, under regulations to be prescribed by him, may 
award a decoration called the ``Legion of Merit'', having 
suitable appurtenances and devices and not more than four 
degrees, to any member of the [armed forces] uniformed services 
of the United States or of any friendly foreign nation who, 
after September 8, 1939, has distinguished himself by 
exceptionally meritorious conduct in performing outstanding 
services.

                         TITLE 10. ARMED FORCES


                    SUBTITLE A. GENERAL MILITARY LAW

                           PART II. PERSONNEL

                     CHAPTER 81. CIVILIAN EMPLOYEES

Sec. 1588. Authority to accept certain voluntary services

  (a) Authority to Accept Services.--Subject to subsection (b) 
and notwithstanding section 1342 of title 31, the Secretary 
concerned may accept from any person the following services:
          (1) Voluntary medical services, dental services, 
        nursing services, or other health-care related 
        services.
          (2) Voluntary services to be provided for a museum or 
        a natural resources program.
          (3) Voluntary services to be provided for programs 
        providing services to members of the [armed forces] 
        uniformed services and the families of such members, 
        including the following programs:
                  (A) Family support programs.
                  (B) Child development and youth services 
                programs.
                  (C) Library and education programs.
                  (D) Religious programs.
                  (E) Housing referral programs.
                  (F) Programs providing employment assistance 
                to spouses of such members.
                  (G) Morale, welfare, and recreation programs, 
                to the extent not covered by another 
                subparagraph of this paragraph.
          (4) Voluntary services as a member of a funeral 
        honors detail under section 1491 of this title.
          (5) Legal services voluntarily provided as legal 
        assistance under section 1044 of this title.
          (6) Voluntary services as a proctor for 
        administration to secondary school students of the test 
        known as the ``Armed Services Vocational Aptitude 
        Battery''.
          (7) Voluntary translation or interpretation services 
        offered with respect to a foreign language by a person 
        (A) who is registered for such foreign language on the 
        National Foreign Language Skills Registry under section 
        1596b of this title, or (B) who otherwise is approved 
        to provide voluntary translation or interpretation 
        services for national security purposes, as determined 
        by the Secretary of Defense.
          (8) Voluntary services to support programs of a 
        committee of the Employer Support of the Guard and 
        Reserve as authorized by the Secretary of Defense.
          (9) Voluntary services to facilitate accounting for 
        missing persons.
          (10) Voluntary legal support services provided by law 
        students through internship and externship programs 
        approved by the Secretary concerned.

           *       *       *       *       *       *       *

  (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.

                         TITLE 10. ARMED FORCES


                    SUBTITLE A. GENERAL MILITARY LAW

                    PART III. TRAINING AND EDUCATION

              CHAPTER 107. PROFESSIONAL MILITARY EDUCATION

Sec. 2153. Capstone course: newly selected general and flag officers

  (a) Requirement.--Each officer selected for promotion to the 
grade of brigadier general or, in the case of the Navy or the 
commissioned corps of the National Oceanic and Atmospheric 
Administration, rear admiral (lower half) shall be required, 
after such selection, to attend a military education course 
designed specifically to prepare new general and flag officers 
to work with the [other armed forces] other uniformed services.
  (b) Waiver Authority.--
          (1) Subject to paragraph (2), the Secretary of 
        Defense or the Secretary of Commerce, as applicable, 
        may waive subsection (a)--
                  (A) in the case of an officer whose 
                immediately previous assignment was in a joint 
                duty assignment and who is thoroughly familiar 
                with joint matters;
                  (B) when necessary for the good of the 
                service;
                  (C) in the case of an officer whose proposed 
                selection for promotion is based primarily upon 
                scientific and technical qualifications for 
                which joint requirements do not exist (as 
                determined under regulations prescribed under 
                section 619(e)(4) of this title); and
                  (D) in the case of a medical officer, dental 
                officer, veterinary officer, medical service 
                officer, nurse, biomedical science officer, or 
                chaplain.
          (2) The authority of the Secretary of Defense to 
        grant a waiver under paragraph (1) may only be 
        delegated to the Deputy Secretary of Defense, an Under 
        Secretary of Defense, or an Assistant Secretary of 
        Defense. Such a waiver may be granted only on a case-
        by-case basis in the case of an individual officer.

                         TITLE 14. COAST GUARD


                      PART I. REGULAR COAST GUARD

                         CHAPTER 11. PERSONNEL

                                OFFICERS

         D. DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS

Sec. 290. Rear admirals and real admirals (lower half); continuation on 
                    active duty; involuntary retirement

  (a) The Secretary shall from time to time convene boards to 
recommend for continuation on active duty the most senior 
officers on the active duty promotion list serving in the grade 
of rear admiral (lower half) or rear admiral who have not 
previously been considered for continuation in that grade. 
Officers, other than the Commandant, serving for the time being 
or who have served in or above the grade of vice admiral are 
not subject to consideration for continuation under this 
subsection, and as to all other provisions of this section 
shall be considered as having been continued at the grade of 
rear admiral. A board shall consist of at least [five officers 
serving in the grade of vice admiral] 5 officers (other than 
the Commandant) serving in the grade of admiral or vice admiral 
or as rear admirals previously continued. Boards shall be 
convened frequently enough to assure that each officer serving 
in the grade of rear admiral (lower half) or rear admiral is 
subject to consideration for continuation during a promotion 
year in which that officer completes not less than four or more 
than five years combined service in the grades of rear admiral 
(lower half) and rear admiral.

           *       *       *       *       *       *       *


                         TITLE 14. COAST GUARD


                      PART I. REGULAR COAST GUARD

   CHAPTER 13. PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS

Sec. 520. Prospective payment of funds necessary to provide medical 
                    care

  (a) Prospective Payment Required.--In lieu of the 
reimbursement required under section 1085 of title 10, the 
Secretary of Homeland Security shall make a prospective payment 
to the Secretary of Defense of an amount that represents the 
actuarial valuation of treatment or care--
          (1) that the Department of Defense shall provide to 
        members of the Coast Guard, former members of the Coast 
        Guard, and dependents of such members and former 
        members (other than former members and dependents of 
        former members who are a Medicare-eligible beneficiary 
        or for whom the payment for treatment or care is made 
        from the Medicare-Eligible Retiree Health Care Fund) at 
        facilities under the jurisdiction of the Department of 
        Defense or a military department; and
          (2) for which a reimbursement would otherwise be made 
        under such section 1085.
  (b) Amount.--The amount of the prospective payment under 
subsection (a)--
          (1) shall be derived from amounts appropriated for 
        the operating expenses of the Coast Guard for treatment 
        or care provided to members of the Coast Guard and 
        their dependents;
          (2) shall be derived from amounts appropriated for 
        retired pay for treatment or care provided to former 
        members of the Coast Guard and their dependents;
          (3) shall be determined under procedures established 
        by the Secretary of Defense;
          (4) shall be paid during the fiscal year in which 
        treatment or care is provided; and
          (5) shall be subject to adjustment or reconciliation, 
        as the Secretary of Homeland Security and the Secretary 
        of Defense jointly determine appropriate, during or 
        promptly after such fiscal year if the prospective 
        payment is determined excessive or insufficient based 
        on the services actually provided.
  (c) No Prospective Payment When Service in Navy.--No 
prospective payment shall be made under this section for any 
period during which the Coast Guard operates as a service in 
the Navy.
  (d) Relationship to TRICARE.--This section 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.

                TITLE 18. CRIMES AND CRIMINAL PROCEDURE


                             PART I. CRIMES

                CHAPTER 33. EMBLEMS, INSIGNIA, AND NAMES

Sec. 702. Uniform of armed forces and Public Health Service

  Whoever, in any place within the jurisdiction of the United 
States or in the Canal Zone, without authority, wears the 
uniform or a distinctive part thereof or anything similar to a 
distinctive part of the uniform of any of the armed forces of 
the United States, Public Health [Service or any] Service, the 
commissioned officer corps of the National Oceanic and 
Atmospheric Administration, or any auxiliary of such, shall be 
fined under this title or imprisoned not more than six months, 
or both.

         TITLE 37. PAY AND ALLOWANCES OF THE UNIFORMED SERVICES


                          CHAPTER 3. BASIC PAY

Sec. 203. Rates

  (a)(1) The rates of monthly basic pay for members of the 
uniformed services within each pay grade are those prescribed 
in accordance with section 1009 of this title or as otherwise 
prescribed by law.
          (2) Notwithstanding the rates of basic pay in effect 
        at any time as provided by law, the rates of basic pay 
        payable for commissioned officers in pay grades O-7 
        through O-10 may not exceed the monthly equivalent of 
        the rate of pay for level II of the Executive Schedule, 
        and the rates of basic pay payable for all other 
        officers and for enlisted members may not exceed the 
        monthly equivalent of the rate of pay for level V of 
        the Executive Schedule.

           *       *       *       *       *       *       *

  (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.

                      TITLE 38. VETERANS' BENEFITS


                       PART I. GENERAL PROVISIONS

                           CHAPTER 1. GENERAL

Sec. 101. Definitions

  For the purposes of this title--

           *       *       *       *       *       *       *

          (21) The term ``active duty'' means--
                  (A) full-time duty in the Armed Forces, other 
                than active duty for training;
                  (B) full-time duty (other than for training 
                purposes) as a commissioned officer of the 
                Regular or Reserve Corps of the Public Health 
                Service (i) on or after July 29, 1945, or (ii) 
                before that date under circumstances affording 
                entitlement to ``full military benefits'' or 
                (iii) at any time, for the purposes of chapter 
                13 of this title;
                  (C) full-time duty as a commissioned officer 
                in the commissioned officer corps of the 
                National Oceanic and Atmospheric Administration 
                or its predecessor organization the Coast and 
                Geodetic Survey (i) on or after July 29, 1945, 
                or (ii) before that date (I) while on transfer 
                to one of the Armed Forces, or (II) while, in 
                time of war or national emergency declared by 
                the President, assigned to duty on a project 
                for one of the Armed Forces in an area 
                determined by the Secretary of Defense to be of 
                immediate military hazard, or (III) in the 
                Philippine Islands on December 7, 1941, and 
                continuously in such islands thereafter, or 
                (iii) at any time, for the purposes of chapter 
                13 of this title;
                  (D) service as a cadet at the United States 
                Military, Air Force, or Coast Guard Academy, or 
                as a midshipman at the United States Naval 
                Academy; and
                  (E) authorized travel to or from such duty or 
                service.

           *       *       *       *       *       *       *


                      TITLE 38. VETERANS' BENEFITS


              PART III. READJUSTMENT AND RELATED BENEFITS

   CHAPTER 43. EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE 
                           UNIFORMED SERVICES

                         SUBCHAPTER I. GENERAL

Sec. 4303. Definitions

  For the purposes of this chapter--

           *       *       *       *       *       *       *

          (16) The term ``uniformed services'' means the Armed 
        Forces, the Army National Guard and the Air National 
        Guard when engaged in active duty for training, 
        inactive duty training, or full-time National Guard 
        duty, the commissioned corps of the Public Health 
        Service, the commissioned officer corps of the National 
        Oceanic and Atmospheric Administration, and any other 
        category of persons designated by the President in time 
        of war or national emergency.

                           TITLE 46. SHIPPING


                    SUBTITLE II. VESSELS AND SEAMEN

              PART B. INSPECTION AND REGULATION OF VESSELS

      CHAPTER 45. UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

Sec. 4503. Fishing, fish tender, and fish processing vessel 
                    certification

           *       *       *       *       *       *       *


  (f)(1) Not later than 10 years after the date of the 
enactment of the Coast Guard Authorization Act of 2015, the 
Secretary shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate a report that provides an analysis of the adequacy of 
the requirements under subsection (e) in maintaining the safety 
of the fishing vessels and fish tender vessels which are 
described in subsection (c)(2) and which comply with the 
requirements of subsection (e).
          (2) If the report required under this subsection 
        includes a determination that the safety requirements 
        under subsection (e) are not adequate or that 
        additional safety measures are necessary, [that] the 
        Secretary may establish an alternative safety 
        compliance program for fishing vessels or fish tender 
        vessels (or both) which are described in subsection 
        (c)(2) and which comply with the requirements of 
        subsection (e).\1\
---------------------------------------------------------------------------
    \1\ The amendment to section 4503(f)(2) of title 46, United States 
Code, shall take effect on the date of enactment of the Coast Guard 
Authorization Act of 2015 (Public Law 114_120).
---------------------------------------------------------------------------
          (3) The alternative safety compliance program 
        established under this subsection shall include 
        requirements for--
                  (A) vessel construction;
                  (B) a vessel stability test;
                  (C) vessel stability and loading 
                instructions;
                  (D) an assigned vessel loading mark;
                  (E) a vessel condition survey at least twice 
                in 5 years, not to exceed 3 years between 
                surveys;
                  (F) an out-of-water vessel survey at least 
                once every 5 years;
                  (G) maintenance of records to demonstrate 
                compliance with the program, and the 
                availability of such records for inspection; 
                and
                  (H) such other aspects of vessel safety as 
                the Secretary considers appropriate.
  (g) For the purposes of this section, the term ``built'' 
means, with respect to a vessel, that the vessel's construction 
has reached any of the following stages:
          (1) The vessel's keel is laid.
          (2) Construction identifiable with the vessel has 
        begun and assembly of that vessel has commenced 
        comprising of at least 50 metric tons or one percent of 
        the estimated mass of all structural material, 
        whichever is less.

                           TITLE 46. SHIPPING


                    SUBTITLE II. VESSELS AND SEAMEN

     PART E. MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS

   CHAPTER 75. GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND 
                             DOCUMENTATION

Sec. 7510. Examinations for merchant mariner credentials

  (a) Disclosure Not Required.--Notwithstanding any other 
provision of law, the Secretary is not required to disclose to 
the public--
          (1) a question from any examination for a merchant 
        mariner credential;
          (2) the answer to such a question, including any 
        correct or incorrect answer that may be presented with 
        such question; and
          (3) any quality or characteristic of such a question, 
        including--
                  (A) the manner in which such question has 
                been, is, or may be selected for an 
                examination;
                  (B) the frequency of such selection; and
                  (C) the frequency that an examinee correctly 
                or incorrectly answered such question.
  (b) Exception for Certain Questions.--Notwithstanding 
subsection (a), the Secretary may, for the purpose of 
preparation by the general public for examinations required for 
merchant mariner credentials, release an examination question 
and answer that the Secretary has retired or is not presently 
on or part of an examination, or that the Secretary determines 
is appropriate for release.
  (c) Exam Review.--\2\
---------------------------------------------------------------------------
    \2\ The amendments to section 7510(c) of title 46, United States 
Code, shall take effect on the date of enactment of the Coast Guard 
Authorization Act of 2015 (Public Law 114_120).
---------------------------------------------------------------------------
          (1) In general.--Not later than 90 days after the 
        date of the enactment of the Coast Guard Authorization 
        Act of 2015, and once every two years thereafter, the 
        Commandant of the Coast Guard shall commission a 
        working group to review new questions for inclusion in 
        examinations required for merchant mariner credentials, 
        composed of--
                  (A) 1 subject matter expert from the Coast 
                Guard;
                  (B) representatives from training facilities 
                and the maritime industry, of whom--
                          (i) one-half shall be representatives 
                        from approved training facilities; and
                          (ii) one-half shall be 
                        representatives from the appropriate 
                        maritime industry;
                  (C) at least 1 representative from the 
                Merchant Marine Personnel Advisory Committee;
                  (D) at least 2 representatives from the State 
                maritime academies, of whom one shall be a 
                representative from the deck training track and 
                one shall be a representative of the [engine] 
                engineer license track;
                  (E) representatives from other Coast Guard 
                Federal advisory committees, as appropriate, 
                for the industry segment associated with the 
                subject examinations;
                  (F) at least 1 subject matter expert from the 
                Maritime Administration; and
                  (G) at least 1 human performance technology 
                representative.
          (2) Inclusion of persons knowledgeable about 
        examination type.--The working group shall include 
        representatives knowledgeable about the examination 
        type under review.
          (3) Limitation.--The requirement to convene a working 
        group under paragraph (1) does not apply unless there 
        are new examination questions to review.
          (4) Baseline review.--
                  (A) In general.--Within 1 year after the date 
                of the enactment of the Coast Guard 
                Authorization Act of 2015, the Secretary shall 
                convene the working group to complete a 
                baseline review of the Coast Guard's Merchant 
                Mariner Credentialing Examination, including 
                review of--
                          (i) the accuracy of examination 
                        questions;
                          (ii) the accuracy and availability of 
                        examination references;
                          (iii) the length of merchant mariner 
                        examinations; and
                          (iv) the use of standard technologies 
                        in administering, scoring, and 
                        analyzing the examinations.
                  (B) Progress report.--The Coast Guard shall 
                provide a progress report to the appropriate 
                congressional committees on the review under 
                this paragraph.
          (5) Full membership not required.--The Coast Guard 
        may convene the working group without all members 
        present if any non-Coast-Guard representative is 
        present.
          (6) Nondisclosure agreement.--The Secretary shall 
        require all members of the working group to sign a 
        nondisclosure agreement with the Secretary.
          (7) Treatment of members as federal employees.--A 
        member of the working group who is not a Federal 
        Government employee shall not be considered a Federal 
        employee in the service or the employment of the 
        Federal Government, except that such a member shall be 
        considered a special government employee, as defined in 
        section 202(a) of title 18 for purposes of sections 
        203, 205, 207, 208, and 209 of such title and shall be 
        subject to any administrative standards of conduct 
        applicable to an employee of the department in which 
        the Coast Guard is operating.
          (8) Formal exam review.--The Secretary shall ensure 
        that the Coast Guard Performance Technology Center--
                  (A) prioritizes the review of examinations 
                required for merchant mariner credentials; and
                  (B) not later than 3 years after the date of 
                enactment of the Coast Guard Authorization Act 
                of 2015, completes a formal review, including 
                an appropriate analysis, of the topics and 
                testing methodology employed by the National 
                Maritime Center for merchant seamen licensing.
          (9) FACA.--The Federal Advisory Committee Act (5 
        U.S.C. App.) shall not apply to any working group 
        created under this section to review the Coast Guard's 
        merchant mariner credentialing examinations.
  (d) Merchant Mariner Credential Defined.--In this section, 
the term ``merchant mariner credential'' means a merchant 
seaman license, certificate, or document that the Secretary is 
authorized to issue pursuant to this title.

                           TITLE 46. SHIPPING


                    SUBTITLE II. VESSELS AND SEAMEN

             PART G. MERCHANT SEAMEN PROTECTION AND RELIEF

             CHAPTER 103. FOREIGN AND INTERCOASTAL VOYAGES

Sec. 10313. Wages

  (g)(1) Subject to paragraph (2), when payment is not made as 
provided under subsection (f) of this section without 
sufficient cause, the master or owner shall pay to the seaman 2 
days' wages for each day payment is delayed.
          (2) The total amount required to be paid under 
        paragraph (1) with respect to [all claims in a class 
        action suit by seamen] each claim by a seaman on a 
        passenger vessel capable of carrying more than 500 
        passengers for wages under this section against a 
        vessel master, owner, or operator or the employer of 
        [the seamen] the seaman shall not exceed ten times the 
        unpaid wages that are the subject of the claims.
          (3) A [class action] suit for wages under this 
        subsection must be commenced within three years after 
        the later of--
                  (A) the date of the end of the last voyage 
                for which the wages are claimed; or
                  (B) the receipt[, by a seaman who is a 
                claimant in the suit,] by the seaman of a 
                payment of wages that are the subject of the 
                suit that is made in the ordinary course of 
                employment.
  (h) Subsections (f) and (g) of this section do not apply to a 
fishing or whaling vessel or a yacht.
  (i) This section applies to a seaman on a foreign vessel when 
in a harbor of the United States. The courts are available to 
the seaman for the enforcement of this section.

                           TITLE 46. SHIPPING


                    SUBTITLE II. VESSELS AND SEAMEN

             PART G. MERCHANT SEAMEN PROTECTION AND RELIEF

                     CHAPTER 105. COASTWISE VOYAGES

Sec. 10504. Wages

  (a) After the beginning of a voyage, a seaman is entitled to 
receive from the master, on demand, one-half of the balance of 
wages earned and unpaid at each port at which the vessel loads 
or delivers cargo during the voyage. A demand may not be made 
before the expiration of 5 days from the beginning of the 
voyage, not more than once in 5 days, and not more than once in 
the same port on the same entry. If a master does not comply 
with this subsection, the seaman is released from the agreement 
required by section 10502 of this title and is entitled to 
payment of all wages earned. Notwithstanding a release signed 
by a seaman under section 10312 of this title, a court having 
jurisdiction may set aside, for good cause shown, the release 
and take action that justice requires. This subsection does not 
apply to a fishing or whaling vessel or a yacht.
  (b) The master shall pay a seaman the balance of wages due 
the seaman within 2 days after the termination of the agreement 
required by section 10502 of this title or when the seaman is 
discharged, whichever is earlier.
  (c)(1) Subject to subsection (d), and except as provided in 
paragraph (2), when payment is not made as provided under 
subsection (b) of this section without sufficient cause, the 
master or owner shall pay to the seaman 2 days' wages for each 
day payment is delayed.
          (2) The total amount required to be paid under 
        paragraph (1) with respect to [all claims in a class 
        action suit by seamen] each claim by a seaman on a 
        passenger vessel capable of carrying more than 500 
        passengers for wages under this section against a 
        vessel master, owner, or operator or the employer of 
        [the seamen] the seaman shall not exceed ten times the 
        unpaid wages that are the subject of the claims.
          (3) A [class action] suit for wages under this 
        subsection must be commenced within three years after 
        the later of--
                  (A) the date of the end of the last voyage 
                for which the wages are claimed; or
                  (B) the receipt[, by a seaman who is a 
                claimant in the suit,] by the seaman of a 
                payment of wages that are the subject of the 
                suit that is made in the ordinary course of 
                employment.

           *       *       *       *       *       *       *


                           TITLE 46. SHIPPING


                    SUBTITLE III. MARITIME LIABILITY

               CHAPTER 301. GENERAL LIABILITY PROVISIONS

Sec. 30104. Personal injury to or death of seamen

  (a) In General.--A seaman injured in the course of employment 
or, if the seaman dies from the injury, the personal 
representative of the seaman may elect to bring a civil action 
at law, with the right of trial by jury, against the employer. 
Laws of the United States regulating recovery for personal 
injury to, or death of, a railway employee apply to an action 
under this section.
  (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.

                           TITLE 46. SHIPPING


                      SUBTITLE V. MERCHANT MARINE

                            PART A. GENERAL

                      CHAPTER 503. ADMINISTRATIVE

Sec. 50302. Port development

  (a) General Requirements.--With the objective of promoting, 
encouraging, and developing ports and transportation facilities 
in connection with water commerce over which the Secretary of 
Transportation has jurisdiction, the Secretary, in cooperation 
with the Secretary of the Army, shall--
          (1) investigate territorial regions and zones 
        tributary to ports, taking into consideration the 
        economies of transportation by rail, water, and highway 
        and the natural direction of the flow of commerce;
          (2) investigate the causes of congestion of commerce 
        at ports and applicable remedies;
          (3) investigate the subject of water terminals, 
        including the necessary docks, warehouses, and 
        equipment, to devise and suggest the types most 
        appropriate for different locations and for the most 
        expeditious and economical transfer or interchange of 
        passengers or property between water carriers and rail 
        carriers;
          (4) consult with communities on the appropriate 
        location and plan of construction of wharves, piers, 
        and water terminals;
          (5) investigate the practicability and advantages of 
        harbor, river, and port improvements in connection with 
        foreign and coastwise trade; and
          (6) investigate any other matter that may tend to 
        promote and encourage the use by vessels of ports 
        adequate to care for the freight that naturally would 
        pass through those ports.
  (b) Submission of Findings to Surface Transportation Board.--
After an investigation under subsection (a), if the Secretary 
of Transportation believes that the rates or practices of a 
rail carrier subject to the jurisdiction of the Surface 
Transportation Board are detrimental to the objective specified 
in subsection (a), or that new rates or practices, new or 
additional port terminal facilities, or affirmative action by a 
rail carrier is necessary to promote that objective, the 
Secretary may submit findings to the Board for action the Board 
considers appropriate under existing law.
  (c) Port Infrastructure Development Program.--
          (1) Establishment of program.--The Secretary of 
        Transportation, through the Maritime Administrator, 
        shall establish a port infrastructure development 
        program for the improvement of port facilities as 
        provided in this subsection.
          (2) Authority of the administrator.--In order to 
        carry out any project under the program established 
        under paragraph (1), the Administrator may--
                  (A) receive funds provided for the project 
                from Federal, non-Federal, and private entities 
                that have a specific agreement or contract with 
                the Administrator to further the purposes of 
                this subsection;
                  (B) coordinate with other Federal agencies to 
                expedite the process established under the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) for the improvement of 
                port facilities to improve the efficiency of 
                the transportation system, to increase port 
                security, or to provide greater access to port 
                facilities;
                  (C) seek to coordinate all reviews or 
                requirements with appropriate local, State, and 
                Federal agencies; and
                  (D) provide such technical assistance and 
                financial assistance, including grants, to port 
                authorities or commissions or their 
                subdivisions and agents as needed for project 
                planning, design, and construction.
          (3) Port infrastructure development fund.--
                  (A) Establishment.--There is a Port 
                Infrastructure Development Fund for use by the 
                Administrator in carrying out projects under 
                the port infrastructure development program. 
                The Fund shall be available to the 
                Administrator--
                          (i) to administer and carry out 
                        projects under the program;
                          (ii) to receive Federal, non-Federal, 
                        and private funds from entities which 
                        have specific agreements or contracts 
                        with the Administrator; and
                          (iii) to make refunds for projects 
                        that will not be completed.
                  (B) Credits.--There may be deposited into the 
                Fund--
                          (i) funds from Federal, non-Federal, 
                        and private entities which have 
                        agreements or contracts with the 
                        Administrator and which shall remain in 
                        the Fund until expended or refunded; 
                        and
                          (ii) such amounts as may be 
                        appropriated or transferred, subject to 
                        subparagraph (C), to the Fund under 
                        this subsection.
                  (C) Transfers.--
                          (i) In general.--Subject to clauses 
                        (ii) and (iii), amounts appropriated or 
                        otherwise made available for any fiscal 
                        year for a marine facility or 
                        intermodal facility that includes 
                        maritime transportation may be 
                        transferred, at the option of the 
                        recipient of such amounts, to the Fund 
                        and administered by the Administrator 
                        as a component of a project under the 
                        program.
                          (ii) Prohibition on transfers.--
                        Except as provided in clause (iii), no 
                        funds appropriated or made available 
                        under title 23 or chapter 53 of title 
                        49, United States Code, including funds 
                        from the Highway Trust Fund (section 
                        9503(c) of the Internal Revenue Code of 
                        1986), funds from the Mass Transit 
                        Account of the Highway Trust Fund 
                        (section 9503(e) of Internal Revenue 
                        Code of 1986), and funds provided for 
                        public transportation programs within 
                        the mass transit category (as defined 
                        in section 250(c)(4)(C) of the Balanced 
                        Budget and Emergency Deficit Control 
                        Act of 1985), shall be transferred into 
                        the Fund.
                          (iii) Exception.--
                                  (I) In general.--Amounts 
                                described in subclause (II) are 
                                eligible for transfer into the 
                                Fund if--
                                          (aa) the recipient of 
                                        the amounts has a 
                                        specific agreement or 
                                        contract with the 
                                        Administrator;
                                          (bb) the Department 
                                        of Transportation 
                                        agency that administers 
                                        the amounts to be 
                                        transferred has granted 
                                        project approval for 
                                        each component of the 
                                        project that is to be 
                                        funded using such 
                                        amounts;
                                          (cc) the Department 
                                        of Transportation 
                                        agency that administers 
                                        the amounts to be 
                                        transferred and the 
                                        Maritime Administration 
                                        agree to the transfer 
                                        through a signed 
                                        Memorandum of 
                                        Understanding; and
                                          (dd) the amounts will 
                                        be used only to carry 
                                        out the project for 
                                        which funds were 
                                        approved, and in 
                                        accordance with any 
                                        conditions governing 
                                        the amounts under title 
                                        23 or chapter 53 of 
                                        title 49, United States 
                                        Code.
                                  (II) Amounts described.--The 
                                amounts referred to in 
                                subclause (I) are amounts 
                                appropriated or made 
                                available--
                                          (aa) for loans, loan 
                                        guarantees, or lines of 
                                        credit under chapter 6 
                                        of title 23, United 
                                        States Code, for a 
                                        project eligible under 
                                        such chapter to 
                                        facilitate direct 
                                        intermodal exchange, 
                                        transfer, and access 
                                        into and out of a port 
                                        as defined under 
                                        section 
                                        601(a)(8)(D)(iii) of 
                                        such title, as in 
                                        effect on the date of 
                                        enactment of this 
                                        subsection; or
                                          (bb) for projects 
                                        under title XII of 
                                        division A of the 
                                        American Recovery and 
                                        Reinvestment Act of 
                                        2009 (Public Law 111-
                                        5).
                  (D) Limitation on statutory construction.--
                Nothing in this section shall be construed to 
                alter or otherwise affect existing authorities 
                to conduct port infrastructure programs in 
                Hawaii (as authorized by section 9008 of Public 
                Law 109-59), Alaska (as authorized by section 
                10205 of Public Law 109-59), or Guam (as 
                authorized by section 3512 of Public Law 110-
                417).
          (4) Authorization of appropriations.--[There are 
        authorized]
                  (A) In general.--There are authorized to be 
                appropriated to the Fund such sums as may be 
                necessary to carry out the program, taking into 
                account amounts received under paragraph 
                (3)(A)(ii).
                  (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.

                           TITLE 46. SHIPPING


                      SUBTITLE V. MERCHANT MARINE

                    PART B. MERCHANT MARINE SERVICE

           CHAPTER 513. UNITED STATES MERCHANT MARINE ACADEMY

Sec. 51303. Non-competitive appointments

  The Secretary of Transportation may appoint each year without 
competition as cadets at the United States Merchant Marine 
Academy not more than [40] 50 qualified individuals with 
qualities the Secretary considers to be of special value to the 
Academy. In making these appointments, the Secretary shall try 
to achieve a national demographic balance at the Academy.

Sec. 51318. Policy on sexual harassment and sexual assault

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

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.

                           TITLE 46. SHIPPING


                      SUBTITLE V. MERCHANT MARINE

                    PART B. MERCHANT MARINE SERVICE

          CHAPTER 515. STATE MARITIME ACADEMY SUPPORT PROGRAM

Sec. 51504. Use of training vessels

  (a) Applications to Use Vessels.--The Governor of a State 
sponsoring a State maritime academy (or the Governor of the 
State designated to conduct the affairs of a regional maritime 
academy) may apply in writing to the Secretary of 
Transportation to obtain the use of a training vessel for the 
academy. A vessel provided under this section remains the 
property of the United States Government.

           *       *       *       *       *       *       *

  [(g) Removing Vessels From Service and Vessel Sharing.--The 
Secretary may not--
          [(1) take a vessel, currently in use as a training 
        vessel under this section, out of service to implement 
        an alternative program (including vessel sharing) 
        unless the vessel is incapable of being maintained in 
        good repair as required by subsection (d); or
          [(2) implement a program requiring a State maritime 
        academy to share its training vessel with another State 
        maritime academy, except with the express consent of 
        Congress.]
  (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. 51506. Conditions to receiving payments and use of vessels

  (a) General Conditions.--As conditions of receiving an annual 
payment or the use of a vessel under this chapter, a State 
maritime academy [must] shall--
          (1) provide courses of instruction on navigation, 
        marine engineering (including steam and diesel 
        propulsion), the operation and maintenance of new 
        vessels and equipment, and innovations being introduced 
        to the merchant marine of the United States;
          (2) agree in writing to conform to the standards for 
        courses, training facilities, admissions, and 
        instruction that the Secretary of Transportation may 
        establish after consultation with the superintendents 
        of State maritime academies; [and]
          (3) agree in writing to require, as a condition for 
        graduation, that each individual who is a citizen of 
        the United States and who is attending the academy in a 
        merchant marine officer preparation program pass the 
        examination required for the issuance of a license 
        under section 7101 of this title[.]; and
          (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.
  (b) Additional Condition to Payments of More Than $25,000.--
As a condition of receiving an annual payment of more than 
$25,000 under section 51505 of this title, a State maritime 
academy also must agree to admit each year a number of citizens 
of the United States who meet its admission requirements and 
reside in a State not supporting that academy. The Secretary 
shall determine the number of individuals to be admitted by 
each academy under this subsection. The number may not be more 
than one-third of the total number of individuals attending the 
academy at any time.
  (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.

                           TITLE 46. SHIPPING


                      SUBTITLE V. MERCHANT MARINE

                 PART C. FINANCIAL ASSISTANCE PROGRAMS

                  CHAPTER 531. MARITIME SECURITY FLEET

Sec. 53102. Establishment of Maritime Security Fleet

  (a) In General.--The Secretary of Transportation, in 
consultation with the Secretary of Defense, shall establish a 
fleet of active, commercially viable, militarily useful, 
privately owned vessels to meet national defense and other 
security requirements and maintain a United States presence in 
international commercial shipping. The Fleet shall consist of 
privately owned, United States-documented vessels for which 
there are in effect operating agreements under this chapter, 
and shall be known as the Maritime Security Fleet.

           *       *       *       *       *       *       *

  (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.

Sec. 53106. Payments

  (a) Annual Payment.--
          (1) In general.--The Secretary, subject to the 
        availability of appropriations and the other provisions 
        of this section, shall pay to the contractor for an 
        operating agreement, for each vessel that is covered by 
        the operating agreement, an amount equal to--
                  (A) $2,600,000 for each of fiscal years 2006, 
                2007, and 2008;
                  (B) $2,900,000 for each of fiscal years 2009, 
                2010, and 2011;
                  (C) $3,100,000 for each of fiscal years 2012, 
                2013, 2014, and 2015;
                  (D) $4,999,950 for fiscal year 2017;
                  (E) $5,000,000 for each of fiscal years 2018, 
                2019, and 2020;
                  (F) $5,233,463 for fiscal year 2021; and
                  (G) $3,700,000 for each of fiscal years 2022, 
                2023, 2024, and 2025.
          (2) Timing.--The amount shall be paid in equal 
        monthly installments at the end of each month. The 
        amount shall not be reduced except as provided by this 
        section.
  (b) Certification Required for Payment.--As a condition of 
receiving payment under this section for a fiscal year for a 
vessel, the contractor for the vessel shall certify, in 
accordance with regulations issued by the Secretary, that the 
vessel has been and will be operated in accordance with section 
53105(a)(1) for at least 320 days in the fiscal year. Days 
during which the vessel is drydocked, surveyed, inspected, or 
repaired shall be considered days of operation for purposes of 
this subsection.
  (c) General Limitations.--The Secretary of Transportation 
shall not make any payment under this chapter for a vessel with 
respect to any days for which the vessel is--
          (1) under a charter to the United States Government, 
        other than a charter pursuant to an Emergency 
        Preparedness Agreement under section 53107;
          (2) not operated or maintained in accordance with an 
        operating agreement under this chapter; or
          (3) more than--
                  (A) 25 years of age, except as provided in 
                subparagraph (B) [or (C);]; or
                  (B) 20 years of age, in the case of a tank 
                vessel[; or].
                  [(C) 30 years of age, in the case of a 
                lighter aboard ship vessel.

           *       *       *       *       *       *       *


                           TITLE 46. SHIPPING


                      SUBTITLE V. MERCHANT MARINE

                      PART D. PROMOTIONAL PROGRAMS

                      CHAPTER 551. COASTWISE TRADE

Sec. 55122. Floating dry docks

  (a) In General.--Section 55102 of this title does not apply 
to the movement of a floating dry dock if--
          (1) the floating dry dock--
                  (A) is being used to launch or raise a vessel 
                in connection with the construction, 
                maintenance, or repair of that vessel;
                  (B) is owned and operated by--
                          (i) a shipyard located in the United 
                        States that is an eligible owner 
                        specified under section 12103(b) of 
                        this title; or
                          (ii) an affiliate of such a shipyard; 
                        and
                  (C) was owned or contracted for purchase by 
                such shipyard or affiliate prior to [the date 
                of the enactment of the Carl Levin and Howard 
                P. ``Buck'' McKeon National Defense 
                Authorization Act for Fiscal Year 2015] 
                December 19, 2017; and
          (2) the movement occurs within 5 nautical miles of 
        the shipyard or affiliate that owns and operates such 
        floating dry dock.
  (b) Definition.--In this section, the term ``floating dry 
dock'' means equipment with wing walls and a fully submersible 
deck.

                        TITLE 49. TRANSPORTATION


                SUBTITLE I. DEPARTMENT OF TRANSPORTATION

                        CHAPTER 1. ORGANIZATION

Sec. 109. Maritime Administration

  (a) Organization and Mission.--The Maritime Administration is 
an administration in the Department of Transportation. The 
mission of the Maritime Administration is to foster, promote, 
and develop the merchant maritime industry of the United 
States.

           *       *       *       *       *       *       *

  (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 50. WAR AND NATIONAL DEFENSE


                    CHAPTER 54. MERCHANT SHIP SALES

Sec. 4405. National Defense Reserve Fleet

  (a) Fleet Components.--The Secretary of Transportation shall 
maintain a National Defense Reserve Fleet, including any vessel 
assigned by the Secretary to the Ready Reserve Force component 
of the fleet, consisting of those vessels owned or acquired by 
the United States Government that the Secretary of 
Transportation, after consultation with the Secretary of the 
Navy, determines are of value for national defense purposes and 
that the Secretary of Transportation decides to place and 
maintain in the fleet. Vessels in the National Defense Reserve 
Fleet, including vessels loaned to State maritime academies, 
shall be considered public vessels of the United States.

           *       *       *       *       *       *       *

  (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.

   NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND CONTROL ACT OF 1990


                  [Public Law 101-646; 104 Stat. 4761]

SEC. 1205. RELATIONSHIP TO OTHER LAWS.

                            [16 U.S.C. 4725]

  [All actions]
   (a) In General.--Except as provided in subsection (b), all 
actions taken by Federal agencies in implementing the 
provisions of section 1202 shall be consistent with all 
applicable Federal, State, and local environmental laws. 
Nothing in this title shall affect the authority of any State 
or political subdivision thereof to adopt or enforce control 
measures for aquatic nuisance species, or diminish or affect 
the jurisdiction of any State over species of fish and 
wildlife. Compliance with the control and eradication measures 
of any State or political subdivision thereof regarding aquatic 
nuisance species shall not relieve any person of the obligation 
to comply with the provisions of this subtitle.
  (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.

 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER 
                           CORPS ACT OF 2002


                        [33 U.S.C. 3001 et seq.]

SEC. 212. DEFINITIONS.

                            [33 U.S.C. 3002]

  (a) Applicability of Definitions in Title 10, United States 
Code.--Except as provided in subsection (b), the definitions 
provided in section 101 of title 10, United States Code, apply 
to the provisions of this title.
  (b) Additional Definitions.--In this title:
          (1) Active duty.--The term ``active duty'' means 
        full-time duty in the active service of a uniformed 
        service.
          (2) Grade.--The term ``grade'' means a step or 
        degree, in a graduated scale of office or rank, that is 
        established and designated as a grade by law or 
        regulation.
          (3) Officer.--The term ``officer'' means an officer 
        of the commissioned corps.
          (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).
          [(4)](5) Flag officer.--The term ``flag officer'' 
        means an officer serving in, or having the grade of, 
        vice admiral, rear admiral, or rear admiral (lower 
        half).
          [(5)](6) Secretary.--The term ``Secretary'' means the 
        Secretary of Commerce.
          [(6)](7) Administration.--The term ``Administration'' 
        means the National Oceanic and Atmospheric 
        Administration.

[SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.

                            [33 U.S.C. 3004]

  [(a) Relative Rank; Proportion.--Of the total authorized 
number of officers on the lineal list of the commissioned 
corps, there are authorized numbers in permanent grade, in 
relative rank with officers of the Navy, in proportions as 
follows:
          [(1) 8 in the grade of captain.
          [(2) 14 in the grade of commander.
          [(3) 19 in the grade of lieutenant commander.
          [(4) 23 in the grade of lieutenant.
          [(5) 18 in the grade of lieutenant (junior grade).
          [(6) 18 in the grade of ensign.
  [(b) Computation of Number in Grade.--
          [(1) In general.--Subject to paragraph (2), whenever 
        a final fraction occurs in computing the authorized 
        number of officers in a grade, the nearest whole number 
        shall be taken, and if the fraction is one-half the 
        next higher whole number shall be taken.
          [(2) Limitation on increase in total number.--The 
        total number of officers on the lineal list authorized 
        by law may not be increased as the result of the 
        computations prescribed in this section, and if 
        necessary the number of officers in the lowest grade 
        shall be reduced accordingly.
  [(c) Preservation of Grade and Pay, etc.--No officer may be 
reduced in grade or pay or separated from the commissioned 
corps as the result of a computation made to determine the 
authorized number of officers in the various grades.
  [(d) Filling of Vacancies; Additional Numbers.--Nothing in 
this section may be construed as requiring the filling of any 
vacancy or as prohibiting additional numbers in any grade to 
compensate for vacancies existing in higher grades.
  [(e) 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 so long as the average 
number on that list during that fiscal year does not exceed the 
authorized number.]

SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.

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

SEC. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFICERS.

                            [33 U.S.C. 3005]

  [Effective]
  (a) In General.--Effective October 1, 2009, the total number 
of authorized commissioned officers on the lineal list of the 
commissioned corps of the National Oceanic and Atmospheric 
Administration shall be increased from 321 to 379 if--
          (1) the Secretary has submitted to the Congress--
                  (A) the Administration's ship 
                recapitalization plan for fiscal years 2010 
                through 2024;
                  (B) the Administration's aircraft 
                remodernization plan; and
                  (C) supporting workforce management plans;
          (2) appropriated funding is available; and
          (3) the Secretary has justified organizational needs 
        for the commissioned corps for each such fiscal year.
  (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. 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.

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.

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.

[SEC. 221. ORIGINAL APPOINTMENTS.

                            [33 U.S.C. 3021]

  [(a) In General.--
          [(1) Grades.--Original appointments may be made in 
        the grades of ensign, lieutenant (junior grade), and 
        lieutenant.
          [(2) Qualifications.--Under regulations prescribed by 
        the Secretary, such an appointment may be given only to 
        a person who--
                  [(A) meets the qualification requirements 
                specified in paragraphs (1) through (4) of 
                section 532(a) of title 10, United States Code; 
                and
                  [(B) has such other special qualifications as 
                the Secretary may prescribe by regulation.
          [(3) Examination.--A person may be given such an 
        appointment only after passage of a mental and physical 
        examination given in accordance with regulations 
        prescribed by the Secretary.
          [(4) Revocation of commission of officers found not 
        qualified.--The President may revoke the commission of 
        any officer appointed under this section during the 
        officer's first three years of service if the officer 
        is found not qualified for the service. Any such 
        revocation shall be made under regulations prescribed 
        by the President.
  [(b) Lineal List.--Each person appointed under this section 
shall be placed on the lineal list in a position commensurate 
with that person's age, education, and experience, in 
accordance with regulations prescribed by the Secretary.
  [(c) Service Credit Upon Original Appointment in Grade Above 
Ensign.--
          [(1) In general.--For the purposes of basic pay, a 
        person appointed under this section in the grade of 
        lieutenant shall be credited as having, on the date of 
        that appointment, three years of service, and a person 
        appointed under this section in the grade of lieutenant 
        (junior grade) shall be credited as having, as of the 
        date of that appointment, 1 1/2 years of service.
          [(2) Higher credit under other law.--If a person 
        appointed under this section is entitled to credit for 
        the purpose of basic pay under any other provision of 
        law that would exceed the amount of credit authorized 
        by paragraph (1), that person shall be credited with 
        that amount of service in lieu of the credit authorized 
        by paragraph (1).]

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.

[SEC. 222. PERSONNEL BOARDS.

                            [33 U.S.C. 3022]

  [(a) Convening.--At least once a year and at such other times 
as the Secretary determines necessary, the Secretary shall 
convene a personnel board. A personnel board shall consist of 
not less than five officers on the lineal list in the permanent 
grade of commander or above.
  [(b) Duties.--Each personnel board shall--
          [(1) recommend to the Secretary such changes in the 
        lineal list as the board may determine; and
          [(2) make selections and recommendations to the 
        Secretary and President for the appointment, promotion, 
        separation, continuation, and retirement of officers as 
        prescribed in this subtitle and subtitle C.
  [(c) Action on Recommendations Not Acceptable.--In a case in 
which 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 are 
acceptable.]

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. 226. APPOINTMENTS AND PROMOTIONS TO PERMANENT GRADES.

                            [33 U.S.C. 3026]

  [Appointments]
   (a) In General.--Appointments in and promotions to all 
permanent grades shall be made by the President.
  (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. 228. POSITIONS OF IMPORTANCE AND RESPONSIBILITY.

  (a) Designation of Positions.--The Secretary may designate 
positions in the Administration as being positions of 
importance and responsibility for which it is appropriate that 
officers of the Administration, if serving in those positions, 
serve in the grade of vice admiral, rear admiral, or rear 
admiral (lower half), as designated by the Secretary for each 
position.
  (b) Assignment of Officers to Designated Positions.--The 
Secretary may assign officers to positions designated under 
subsection (a).
  (c) Director of NOAA Corps and  Assistant Administrator of 
The Office of Marine and Aviation Operations.--The Secretary 
shall designate one position under this section as responsible 
for oversight of the vessel and aircraft fleets and for the 
administration of the commissioned officer corps. That position 
shall be filled by an officer on the lineal list serving in or 
above the grade of rear admiral (lower half). For the specific 
purpose of administering the commissioned officer corps, that 
position shall carry the title of Director of the National 
Oceanic and Atmospheric Administration Commissioned Officer 
Corps. For the specific purpose of administering the vessel and 
aircraft fleets, that position shall carry the title of 
[Director] Assistant Administrator of the Office of Marine and 
Aviation Operations.

           *       *       *       *       *       *       *


[SEC. 229. TEMPORARY APPOINTMENTS AND PROMOTIONS GENERALLY.

                            [33 U.S.C. 3029]

  [(a) Ensign.--Temporary appointments in the grade of ensign 
may be made by the President. Each such temporary appointment 
terminates at the close of the next regular session of the 
Congress.
  [(b) Lieutenant (Junior Grade).--Officers in the permanent 
grade of ensign may be temporarily promoted to and appointed in 
the grade of lieutenant (junior grade) by the President 
whenever vacancies exist in higher grades.
  [(c) Any One Grade.--When determined by the Secretary to be 
in the best interest of the service, 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.]

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.

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).

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.

SEC. 241. INVOLUNTARY RETIREMENT OR SEPARATION.

                            [33 U.S.C. 3041]

  (a) Transfer of Officers to Retired List; Separation From 
Service.--As recommended by a personnel board convened under 
section 222--
          (1) an officer in the permanent grade of captain or 
        commander may be transferred to the retired list; and
          (2) an officer in the permanent grade of lieutenant 
        commander, lieutenant, or lieutenant (junior grade) who 
        is not qualified for retirement may be separated from 
        the service.
  (b) Computations.--In any fiscal year, the total number of 
officers selected for retirement or separation under subsection 
(a) plus the number of officers retired for age may not exceed 
the whole number nearest 4 percent of the total number of 
officers authorized to be on the active list, except as 
otherwise provided by law.
  (c) Effective Date of Retirements and Separations.--A 
retirement or separation under subsection (a) shall take effect 
on the first day of the sixth month beginning after the date on 
which the Secretary approves the retirement or separation, 
except that if the officer concerned requests an earlier 
retirement or separation date, the date shall be as determined 
by the Secretary.
  (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. 242. SEPARATION PAY.

                            [33 U.S.C. 3042]

  (a) Authorization of Payment.--An officer who is separated 
under section 241(a)(2) and who has completed more than three 
years of continuous active service immediately before that 
separation is entitled to separation pay computed under 
subsection (b) unless the Secretary determines that the 
conditions under which the officer is separated do not warrant 
payment of that pay.
  (b) Amount of Separation Pay.--
          (1) Six or more years.--In the case of an officer who 
        has completed six or more years of continuous active 
        service immediately before that separation, the amount 
        of separation pay to be paid to the officer under this 
        section is 10 percent of the product of--
                  (A) the years of active service creditable to 
                the officer; and
                  (B) 12 times the monthly basic pay to which 
                the officer was entitled at the time of 
                separation.
          (2) Three to six years.--In the case of an officer 
        who has completed three or more but fewer than six 
        years of continuous active service immediately before 
        that separation, the amount of separation pay to be 
        paid to the officer under this section is one-half of 
        the amount computed under paragraph (1).
  (c) Other Conditions, Requirements, and Administrative 
Provisions.--The provisions of subsections (f), (g), and (h) of 
section 1174 of title 10, United States Code, shall apply to 
separation pay under this section in the same manner as such 
provisions apply to separation pay under that section.
  (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.

SEC. 261. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, UNITED 
                    STATES CODE.

                            [33 U.S.C. 3071]

  (a) Provisions Made Applicable to the Corps.--The rules of 
law that apply to the Armed Forces under the following 
provisions of title 10, United States Code, as those provisions 
are in effect from time to time, apply also to the commissioned 
officer corps of the Administration:
          (1) Chapter 40, relating to leave.
          (2) Section 533(b), relating to constructive service.
          (3) Section 716, relating to transfers between the 
        armed forces and to and from National Oceanic and 
        Atmospheric Administration.
          (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.
          (8) Section 1034, relating to protected 
        communications and prohibition of retaliatory personnel 
        actions.
          [(4)](9) Section 1035, relating to deposits of 
        savings.
          [(5)](10) Section 1036, relating to transportation 
        and travel allowances for escorts for dependents of 
        members.
          [(6)](11) Section 1052, relating to reimbursement for 
        adoption expenses.
          [(11)](12) Chapter 58, relating to the Benefits and 
        Services for members being separated or recently 
        separated.
          [(7)](13) Section 1174a, relating to special 
        separation benefits (except that benefits under 
        subsection (b)(2)(B) of such section are subject to the 
        availability of appropriations for such purpose and are 
        provided at the discretion of the Secretary of 
        Commerce).
          [(8)](14) Chapter 61, relating to retirement or 
        separation for physical disability.
          [(9)](15) Chapter 69, relating to retired grade, 
        except sections 1370, 1375, and 1376.
          [(10)](16) Chapter 71, relating to computation of 
        retired pay.
          [(11)](17) Chapter 73, relating to annuities based on 
        retired or retainer pay.
          [(12)](18) Subchapter II of chapter 75, relating to 
        death benefits.
          (19) Subchapter I of chapter 88, relating to Military 
        Family Programs.
          (20) Section 2005, relating to advanced education 
        assistance, active duty agreements, and reimbursement 
        requirements.
          [(13)](21) Section 2634, relating to transportation 
        of motor vehicles for members on permanent change of 
        station.
          [(14)](22) Sections 2731 and 2735, relating to 
        property loss incident to service.
          [(15)](23) Section 2771, relating to final settlement 
        of accounts of deceased members.
          [(16)](24) Such other provisions of subtitle A of 
        that title as may be adopted for applicability to the 
        commissioned officer corps of the National Oceanic and 
        Atmospheric Administration by any other provision of 
        law.
  (b) References.--The authority vested by title 10, 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. 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 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. 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.

SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM.

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

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).

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

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

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.

                 COAST GUARD AUTHORIZATION ACT OF 2015


                   [Public Law 114-120; 130 Stat. 27]

[SEC. 217. TRANSFER OF FUNDS NECESSARY TO PROVIDE MEDICAL CARE.

  [(a) Transfer Required.--In lieu of the reimbursement 
required under section 1085 of title 10, United States Code, 
the Secretary of Homeland Security shall transfer to the 
Secretary of Defense 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 section 1085.
  [(b) Amount.--The amount transferred under subsection (a) 
shall be--
          [(1) in the case of treatment or care to be provided 
        to members of the Coast Guard and their dependents, 
        derived from amounts appropriated for the operating 
        expenses of the Coast Guard;
          [(2) in the case of treatment or care to be provided 
        former members of the Coast Guard and their dependents, 
        derived from amounts appropriated for retired pay;
          [(3) determined under procedures established by the 
        Secretary of Defense;
          [(4) transferred during the fiscal year in which 
        treatment or care is provided; and
          [(5) subject to adjustment or reconciliation as the 
        Secretaries determine appropriate during or promptly 
        after such fiscal year in cases in which the amount 
        transferred is determined excessive or insufficient 
        based on the services actually provided.
  [(c) No Transfer When Service in Navy.--No transfer 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 transfer of an 
amount that represents the value of, treatment or care provided 
under any TRICARE program.]

SEC. 522. TRANSFER AND DISPOSITION OF PROPERTY.

  (a) Transfer.--To further accomplish the settlement of land 
claims under the Alaska Native Claims Settlement Act (43 U.S.C. 
1601 et seq.), the Secretary of Commerce shall, subject to 
paragraph (2), and notwithstanding section 105(a) of the 
Pribilof Islands Transition Act (16 U.S.C. 1161 note; Public 
Law 106-562), convey all right, title, and interest in the 
following property to the Alaska native village corporation for 
St. Paul Island:
          (1) [Lots] Not later than 30 days after the date of 
        the enactment of the National Defense Authorization Act 
        for Fiscal Year 2017, lots 4, 5, and 6A, Block 18, 
        Tract A, U.S. Survey 4943, Alaska, the plat of which 
        was Officially Filed on January 20, 2004, aggregating 
        13,006 square feet (0.30 acres).
          (2) On the termination of the license described in 
        subsection (b)(3), T. 35 S., R. 131 W., Seward 
        Meridian, Alaska, Tract 43, the plat of which was 
        Officially Filed on May 14, 1986, containing 84.88 
        acres.
  (b) Federal Use.--
          (1) In general.--The Secretary of the department in 
        which the Coast Guard is operating may operate, 
        maintain, keep, locate, inspect, repair, and replace 
        any Federal aid to navigation located on the property 
        described in subsection (a) as long as the aid is 
        needed for navigational purposes.
          (2) Administration.--In carrying out subsection (a), 
        the Secretary may enter the property, at any time for 
        as long as the aid is needed for navigational purposes, 
        without notice to the extent that it is not practicable 
        to provide advance notice.
          (3) License.--The Secretary of the Department in 
        which the Coast Guard is operating may maintain a 
        license in effect on the date of the enactment of this 
        Act with respect to the real property and improvements 
        under subsection (a) until the termination of the 
        license.
          (4) Reports.--Not later than 2 years after the date 
        of the enactment of this Act and not less than once 
        every 2 years thereafter, the Secretary of the 
        department in which the Coast Guard is operating shall 
        submit to the Committee on Natural Resources of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a report on--
                  (A) efforts taken to remediate contaminated 
                soils on tract 43 described in subsection 
                (a)(2);
                  (B) a schedule for the completion of 
                contaminated soil remediation on tract 43; and
                  (C) any use of tract 43 to carry out Coast 
                Guard navigation activities.
  (c) Agreement on Transfer of Other Property on St. Paul 
Island.--
          (1) In general.--In addition to the property 
        transferred under subsection (a), not later than 60 
        days after the date of the enactment of this Act, the 
        Secretary of Commerce and the presiding officer of the 
        Alaska native village corporation for St. Paul Island 
        shall enter into an agreement to exchange of property 
        on Tracts 50 and 38 on St. Paul Island and to finalize 
        the recording of deeds, to reflect the boundaries and 
        ownership of Tracts 50 and 38 as depicted on a survey 
        of the National Oceanic and Atmospheric Administration, 
        to be filed with the Office of the Recorder for the 
        Department of Natural Resources for the State of 
        Alaska.
          (2) Easements.--The survey described in subsection 
        (a) shall include respective easements granted to the 
        Secretary and the Alaska native village corporation for 
        the purpose of utilities, drainage, road access, and 
        salt lagoon conservation.

                      HIGHER EDUCATION ACT OF 1965


                   [Public Law 89-329; 79 Stat. 1219]

SEC. 428. FEDERAL PAYMENTS TO REDUCE STUDENT INTEREST COSTS.

[20 U.S.C. 1078]

           *       *       *       *       *       *       *


  (o) [Armed Forces Student Loan Interest Payment Program] 
Armed Forces and NOAA Commissioned Officer Corps Student Loan 
Interest Payment Programs.--
          (1) Authority.--Using funds received by transfer to 
        the Secretary under section 2174 of title 10, United 
        States Code, or section 264 of the National Oceanic and 
        Atmospheric Administration Commissioned Officer Corps 
        Act of 2002 for the payment of interest and any special 
        allowance on a loan to a member of the Armed Forces  or 
        an officer in the commissioned officer corps of the 
        National Oceanic and Atmospheric Administration, 
        respectively, that is made, insured, or guaranteed 
        under this part, the Secretary shall pay the interest 
        and special allowance on such loan as due for a period 
        not in excess of 36 consecutive months. The Secretary 
        may not pay interest or any special allowance on such a 
        loan out of any funds other than funds that have been 
        so transferred.
          (2) Forbearance.--During the period in which the 
        Secretary is making payments on a loan under paragraph 
        (1), the lender shall grant the borrower forbearance in 
        accordance with the guaranty agreement under subsection 
        (c)(3)(A)(i)(IV).
          (3) Special allowance defined.--For the purposes of 
        this subsection, the term ``special allowance'', means 
        a special allowance that is payable with respect to a 
        loan under section 438.

SEC. 455. TERMS AND CONDITIONS OF LOANS.

[20 U.S.C. 1087e]

           *       *       *       *       *       *       *


  (l) [Armed Forces Student Loan Interest Payment Program] 
Armed Forces and NOAA Commissioned Officer Corps Student Loan 
Interest Payment Programs.--
          (1) Authority.--Using funds received by transfer to 
        the Secretary under section 2174 of title 10, United 
        States Code, or section 264 of the National Oceanic and 
        Atmospheric Administration Commissioned Officer Corps 
        Act of 2002 for the payment of interest on a loan made 
        under this part to a member of the Armed Forces  or an 
        officer in the commissioned officer corps of the 
        National Oceanic and Atmospheric Administration, 
        respectively, the Secretary shall pay the interest on 
        the loan as due for a period not in excess of 36 
        consecutive months. The Secretary may not pay interest 
        on such a loan out of any funds other than funds that 
        have been so transferred.
          (2) Forbearance.--During the period in which the 
        Secretary is making payments on a loan under paragraph 
        (1), the Secretary shall grant the borrower 
        forbearance, in the form of a temporary cessation of 
        all payments on the loan other than the payments of 
        interest on the loan that are made under that 
        paragraph. * * *

SEC. 464. TERMS OF LOANS.

                           [20 U.S.C. 1087dd]

  (j) [Armed Forces Student Loan Interest Payment Program] 
Armed Forces and NOAA Commissioned Officer Corps Student Loan 
Interest Payment Programs.--
          (1) Authority.--Using funds received by transfer to 
        the Secretary under section 2174 of title 10, United 
        States Code, or section 264 of the National Oceanic and 
        Atmospheric Administration Commissioned Officer Corps 
        Act of 2002 for the payment of interest on a loan made 
        under this part to a member of the Armed Forces or an 
        officer in the commissioned officer corps of the 
        National Oceanic and Atmospheric Administration, 
        respectively, the Secretary shall pay the interest on 
        the loan as due for a period not in excess of 36 
        consecutive months. The Secretary may not pay interest 
        on such a loan out of any funds other than funds that 
        have been so transferred.
          (2) Forbearance.--During the period in which the 
        Secretary is making payments on a loan under paragraph 
        (1), the institution of higher education shall grant 
        the borrower forbearance in accordance with subsection 
        (e)(1)(C).

           *       *       *       *       *       *       *


             HYDROELECTRIC SERVICES IMPROVEMENT ACT OF 1998


SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

                            [33 U.S.C. 892d]

  [There are]
  (a) In General.--There are authorized to be appropriated to 
the Administrator the following:
          (1) To carry out nautical mapping and charting 
        functions under sections 304 and 305, except for 
        conducting hydrographic [surveys--]
                  [(A) $55,000,000 for fiscal year 2009;
                  [(B) $56,000,000 for fiscal year 2010;
                  [(C) $57,000,000 for fiscal year 2011; and
                  [(D) $58,000,000 for fiscal year 2012.]
                  surveys, $70,814,000 for each of fiscal years 
                2016 through 2020.
          (2) To contract for hydrographic surveys under 
        section 304(b)(1), including the leasing or time 
        chartering of [vessels--]
                  [(A) $32,130,000 for fiscal year 2009;
                  [(B) $32,760,000 for fiscal year 2010;
                  [(C) $33,390,000 for fiscal year 2011; and
                  [(D) $34,020,000 for fiscal year 2012.]
                  vessels, $25,000,000 for each of fiscal years 
                2016 through 2020.
          (3) To operate hydrographic survey vessels owned by 
        the United States and operated by the [Administration--
        ]
                  [(A) $25,900,000 for fiscal year 2009;
                  [(B) $26,400,000 for fiscal year 2010;
                  [(C) $26,900,000 for fiscal year 2011; and
                  [(D) $27,400,000 for fiscal year 2012.]
                  Administration, $29,932,000 for each of 
                fiscal years 2016 through 2020.
          (4) To carry out geodetic functions under this 
        [title--]
                  [(A) $32,640,000 for fiscal year 2009;
                  [(B) $33,280,000 for fiscal year 2010;
                  [(C) $33,920,000 for fiscal year 2011; and
                  [(D) $34,560,000 for fiscal year 2012.]
                  title, $26,800,000 for each of fiscal years 
                2016 through 2020.
          (5) To carry out tide and current measurement 
        functions under this [title--]
                  [(A) $27,000,000 for fiscal year 2009;
                  [(B) $27,500,000 for fiscal year 2010;
                  [(C) $28,000,000 for fiscal year 2011; and
                  [(D) $28,500,000 for fiscal year 2012.]
                  title, $30,564,000 for each of fiscal years 
                2016 through 2020.
          (6) To acquire a replacement hydrographic survey 
        vessel capable of staying at sea continuously for at 
        least 30 days $75,000,000.
  (b) Arctic Programs.--Of the amount authorized by this 
section for each fiscal year--
          (1) $10,000,000 is authorized for use--
                  (A) to acquire hydrographic data;
                  (B) to provide hydrographic services;
                  (C) to conduct coastal change analyses 
                necessary to ensure safe navigation;
                  (D) to improve the management of coastal 
                change in the Arctic; and
                  (E) to reduce risks of harm to Alaska Native 
                subsistence and coastal communities associated 
                with increased international maritime traffic; 
                and
          (2) $2,000,000 is authorized for use to acquire 
        hydrographic data and provide hydrographic services in 
        the Arctic necessary to delineate the United States 
        extended Continental Shelf.
  (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.

                                  [all]