[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2829 Reported in Senate (RS)]
<DOC>
Calendar No. 517
114th CONGRESS
2d Session
S. 2829
To amend and enhance certain maritime programs of the Department of
Transportation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2016
Mrs. Fischer (for herself and Mr. Booker) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
June 14, 2016
Reported by Mr. Thune, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend and enhance certain maritime programs of the Department of
Transportation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Maritime
Administration Authorization and Enhancement Act for Fiscal Year
2017''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>TITLE I--MARITIME ADMINISTRATION AUTHORIZATION
<DELETED>Sec. 101. Authorization of the Maritime Administration.
<DELETED>Sec. 102. Maritime Administration authorization request.
<DELETED>TITLE II--PREVENTION OF SEXUAL HARASSMENT AND ASSAULT AT THE
UNITED STATES MERCHANT MARINE ACADEMY
<DELETED>Sec. 201. Actions to address sexual harassment and sexual
assault at the United States Merchant
Marine Academy.
<DELETED>Sec. 202. Sexual assault response coordinators and sexual
assault victim advocates.
<DELETED>Sec. 203. Report from the Department of Transportation
Inspector General.
<DELETED>Sec. 204. Sexual assault prevention and response working
group.
<DELETED>TITLE III--MARITIME ADMINISTRATION ENHANCEMENT
<DELETED>Sec. 301. Status of National Defense Reserve Fleet vessels.
<DELETED>Sec. 302. Port infrastructure development.
<DELETED>Sec. 303. Use of State academy training vessels.
<DELETED>Sec. 304. State maritime academy physical standards and
reporting.
<DELETED>Sec. 305. Authority to extend certain age restrictions
relating to vessels participating in the
Maritime Security Fleet.
<DELETED>Sec. 306. Appointments.
<DELETED>Sec. 307. High-speed craft.
<DELETED>TITLE IV--IMPLEMENTATION OF WORKFORCE MANAGEMENT IMPROVEMENTS
<DELETED>Sec. 401. Workforce plans and onboarding policies.
<DELETED>Sec. 402. Drug and alcohol policy.
<DELETED>Sec. 403. Vessel transfers.
<DELETED>TITLE V--TECHNICAL AMENDMENTS
<DELETED>Sec. 501. Clarifying amendment; continuation boards.
<DELETED>Sec. 502. Prospective payment of funds necessary to provide
medical care.
<DELETED>Sec. 503. Technical corrections to title 46 of the United
States Code.
<DELETED>TITLE I--MARITIME ADMINISTRATION AUTHORIZATION</DELETED>
<DELETED>SEC. 101. AUTHORIZATION OF THE MARITIME
ADMINISTRATION.</DELETED>
<DELETED> There are authorized to be appropriated to the Department
of Transportation for fiscal year 2017, to be available without fiscal
year limitation if so provided in appropriations Acts, for programs of
the United States Maritime Administration associated with maintaining
national security aspects of the merchant marine, the following
amounts:</DELETED>
<DELETED> (1) For expenses necessary for operations of the
United States Merchant Marine Academy, $99,902,000, of which--
</DELETED>
<DELETED> (A) $74,851,000 shall be for Academy
operations; and</DELETED>
<DELETED> (B) $25,051,000 shall remain available
until expended for capital asset management at the
Academy.</DELETED>
<DELETED> (2) For expenses necessary to support the State
maritime academies, $29,550,000, of which--</DELETED>
<DELETED> (A) $2,400,000 shall remain available
until September 30, 2018, for the Student Incentive
Program;</DELETED>
<DELETED> (B) $3,000,000 shall remain available
until expended for direct payments to such
academies;</DELETED>
<DELETED> (C) $22,000,000 shall remain available
until expended for maintenance and repair of State
maritime academy training vessels;</DELETED>
<DELETED> (D) $1,800,000 shall remain available
until expended for training ship fuel assistance;
and</DELETED>
<DELETED> (E) $350,000 shall remain available until
expended for expenses to improve the monitoring of the
service obligations of graduates.</DELETED>
<DELETED> (3) For expenses necessary to support the National
Security Multi-Mission Vessel Program, $6,000,000, which shall
remain available until expended.</DELETED>
<DELETED> (4) For expenses necessary to support Maritime
Administration operations and programs, $57,142,000.</DELETED>
<DELETED> (5) For expenses necessary to dispose of vessels
in the National Defense Reserve Fleet, $20,000,000, which shall
remain available until expended.</DELETED>
<DELETED> (6) For the cost (as defined in section 502(5) of
the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of
loan guarantees under the program authorized by chapter 537 of
title 46, United States Code, $3,000,000, which shall remain
available until expended for administrative expenses of the
program.</DELETED>
<DELETED>SEC. 102. MARITIME ADMINISTRATION AUTHORIZATION
REQUEST.</DELETED>
<DELETED> Section 109 of title 49, United States Code, is amended by
adding at the end the following:</DELETED>
<DELETED> ``(k) Submission of Annual Maritime Administration
Authorization Request.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) recommends authorizations of
appropriations for that fiscal year; and</DELETED>
<DELETED> ``(B) addresses any other matter that the
Maritime Administrator determines is appropriate for
inclusion in a Maritime Administration authorization
bill.''.</DELETED>
<DELETED>TITLE II--PREVENTION OF SEXUAL HARASSMENT AND ASSAULT AT THE
UNITED STATES MERCHANT MARINE ACADEMY</DELETED>
<DELETED>SEC. 201. ACTIONS TO ADDRESS SEXUAL HARASSMENT AND SEXUAL
ASSAULT AT THE UNITED STATES MERCHANT MARINE
ACADEMY.</DELETED>
<DELETED> (a) Policy.--Chapter 513 of title 46, United States Code,
is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 51318. Policy on sexual harassment and sexual
assault</DELETED>
<DELETED> ``(a) Required Policy.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Matters to be specified in policy.--The
policy on sexual harassment and sexual assault prescribed under
this subsection shall include--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(B) procedures that a cadet should
follow in the case of an occurrence of sexual
harassment or sexual assault, including--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(ii) specifying any other person
whom the victim should contact; and</DELETED>
<DELETED> ``(iii) procedures on the
preservation of evidence potentially necessary
for proof of criminal sexual assault;</DELETED>
<DELETED> ``(C) a procedure for disciplinary action
in cases of alleged criminal sexual assault involving a
cadet or other Academy personnel;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Availability of policy.--The Secretary shall
ensure that the policy developed under this subsection is
available to--</DELETED>
<DELETED> ``(A) all cadets and employees of the
Academy; and</DELETED>
<DELETED> ``(B) the public.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Development Program.--</DELETED>
<DELETED> ``(1) In general.--The Secretary of Transportation
shall ensure that the development program of the United States
Merchant Marine Academy includes a section that--</DELETED>
<DELETED> ``(A) describes the relationship between
honor, respect, and character development and the
prevention of sexual harassment and sexual assault at
the Academy; and</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(C) includes information relating to
reporting sexual harassment and sexual assault,
victims' rights, and dismissal for offenders.</DELETED>
<DELETED> ``(2) Training.--The Superintendent of the Academy
shall ensure that all cadets receive the training described in
paragraph (1)--</DELETED>
<DELETED> ``(A) not later than 21 days after their
initial arrival at the Academy; and</DELETED>
<DELETED> ``(B) annually thereafter until they
graduate or leave the Academy.</DELETED>
<DELETED> ``(c) Annual Assessment.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(A) to measure--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) to assess the perceptions of cadets
and other Academy personnel on--</DELETED>
<DELETED> ``(i) the policies, procedures,
and training on sexual harassment and sexual
assault involving cadets or Academy
personnel;</DELETED>
<DELETED> ``(ii) the enforcement of the
policies described in clause (i);</DELETED>
<DELETED> ``(iii) the incidence of sexual
harassment and sexual assault involving cadets
or Academy personnel; and</DELETED>
<DELETED> ``(iv) any other issues relating
to sexual harassment and sexual assault
involving cadets or Academy
personnel.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Annual Report.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Contents.--Each report submitted under
paragraph (1) shall include, for the Academy program year
covered by the report--</DELETED>
<DELETED> ``(A) the number of sexual assaults,
rapes, and other sexual offenses involving cadets or
other Academy personnel that have been reported to
Academy officials;</DELETED>
<DELETED> ``(B) the number of the reported cases
described in subparagraph (A) that have been
substantiated;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Survey and focus group results.--</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(4) Reporting requirement.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) the facts surrounding the
incident, except for any details that would
reveal the identities of the people involved;
and</DELETED>
<DELETED> ``(ii) the Academy's response to
the incident.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of sections for chapter
513 of title 46, United States Code, is amended by adding at the end
the following:</DELETED>
<DELETED>``51318. Policy on sexual harassment and sexual assault.''.
<DELETED>SEC. 202. SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL
ASSAULT VICTIM ADVOCATES.</DELETED>
<DELETED> (a) Coordinators and Advocates.--Chapter 513 of title 46,
United States Code, as amended by section 201, is further amended by
adding at the end the following:</DELETED>
<DELETED>``Sec. 51319. Sexual assault response coordinators and sexual
assault victim advocates</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Volunteer Sexual Assault Victim Advocates.--
</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) cadets of the Academy; or</DELETED>
<DELETED> ``(B) individuals who work with or conduct
business on behalf of the Academy.</DELETED>
<DELETED> ``(2) Training; other duties.--Each victim
advocate designated under this subsection shall--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) serve as a victim advocate
voluntarily, in addition to the individual's other
duties as an employee of the Academy.</DELETED>
<DELETED> ``(3) Primary duties.--While performing the duties
of a victim advocate under this subsection, a designated
employee shall--</DELETED>
<DELETED> ``(A) support victims of sexual assault by
informing them of the rights and resources available to
them as victims;</DELETED>
<DELETED> ``(B) identify additional resources to
ensure the safety of victims of sexual assault;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(5) Hotline.--The Secretary shall establish a
24-hour hotline through which the victim of a sexual assault
can receive victim support services.</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of sections for chapter
513 of title 46, United States Code, is amended by adding at the end
the following:</DELETED>
<DELETED>``51319. Sexual assault response coordinators and sexual
assault victim advocates.''.
<DELETED>SEC. 203. REPORT FROM THE DEPARTMENT OF TRANSPORTATION
INSPECTOR GENERAL.</DELETED>
<DELETED> (a) In General.--Not later than March 31, 2018, the
Inspector General of the Department of Transportation shall submit a
report to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives that describes the effectiveness of the sexual
harassment and sexual assault prevention and response program at the
United States Merchant Marine Academy.</DELETED>
<DELETED> (b) Contents.--The report required under subsection (a)
shall--</DELETED>
<DELETED> (1) assess progress toward addressing any
outstanding recommendations;</DELETED>
<DELETED> (2) include any recommendations to reduce the
number of sexual assaults involving members of the United
States Merchant Marine Academy, whether a member is the victim,
the alleged assailant, or both;</DELETED>
<DELETED> (3) include any recommendations to improve the
response of the Department of Transportation and the United
States Merchant Marine Academy to reports of sexual assaults
involving members of the Academy, whether a members is the
victim, the alleged assailant, or both.</DELETED>
<DELETED> (c) Expertise.--In compiling the report required under
this section, the inspection teams acting under the direction of the
Inspector General shall--</DELETED>
<DELETED> (1) include at least 1 member with expertise and
knowledge of sexual assault prevention and response policies;
or</DELETED>
<DELETED> (2) consult with subject matter experts in the
prevention of and response to sexual assaults.</DELETED>
<DELETED>SEC. 204. SEXUAL ASSAULT PREVENTION AND RESPONSE WORKING
GROUP.</DELETED>
<DELETED> (a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Maritime Administrator shall convene a
working group to examine methods to improve the prevention of, and
response to, any sexual harassment or sexual assault that occurs during
a Cadet's Sea Year experience with the United States Merchant Marine
Academy.</DELETED>
<DELETED> (b) Membership.--The Maritime Administrator shall
designate individuals to serve as members of the working group convened
pursuant to subsection (a). Membership in the working group shall
consist of--</DELETED>
<DELETED> (1) a representative of the Maritime
Administration, which shall serve as chair of the working
group;</DELETED>
<DELETED> (2) the Superintendent of the Academy, or
designee;</DELETED>
<DELETED> (3) the sexual assault response coordinator
appointed under section 51319 of title 46, United States
Code;</DELETED>
<DELETED> (4) a subject matter expert from the United States
Coast Guard;</DELETED>
<DELETED> (5) a subject matter expert from the Military
Sealift Command;</DELETED>
<DELETED> (6) at least 1 representative from each of the
State maritime academies;</DELETED>
<DELETED> (7) at least 1 representative from each private
contracting party participating in the maritime security
program;</DELETED>
<DELETED> (8) at least 1 representative from each nonprofit
labor organization representing a class or craft of employees
employed on vessels in the Maritime Security Fleet;</DELETED>
<DELETED> (9) at least 2 representatives from approved
maritime training institutions; and</DELETED>
<DELETED> (10) at least 1 representative from companies
that--</DELETED>
<DELETED> (A) participate in sea training of Academy
cadets; and</DELETED>
<DELETED> (B) do not participate in the maritime
security program.</DELETED>
<DELETED> (c) No Quorum Requirement.--The Maritime Administration
may convene the working group without all members present.</DELETED>
<DELETED> (d) Responsibilities.--The working group shall--</DELETED>
<DELETED> (1) evaluate options that could promote a climate
of honor and respect, and a culture that is intolerant of
sexual harassment and sexual assault and those who commit it,
across the United States flag fleet;</DELETED>
<DELETED> (2) raise awareness of the United States Merchant
Marine Academy's sexual assault prevention and response program
across the United States flag fleet;</DELETED>
<DELETED> (3) assess options that could be implemented by
the United States flag fleet that would remove any barriers to
the reporting of sexual harassment and sexual assault response
that occur during a Cadet's Sea Year experience and protect the
victim's confidentiality;</DELETED>
<DELETED> (4) assess a potential program or policy,
applicable to all participants of the maritime security
program, to improve the prevention of, and response to, sexual
harassment and sexual assault incidents;</DELETED>
<DELETED> (5) assess a potential program or policy,
applicable to all vessels operating in the United States flag
fleet that participate in the Maritime Security Fleet under
section 53101 of title 46, United States Code, which carry
cargos to which chapter 531 of such title applies, or are
chartered by a Federal agency, requiring crews to complete a
sexual harassment and sexual assault prevention and response
training program before the Cadet's Sea Year that includes--
</DELETED>
<DELETED> (A) fostering a shipboard climate--
</DELETED>
<DELETED> (i) that does not tolerate sexual
harassment and sexual assault;</DELETED>
<DELETED> (ii) in which persons assigned to
vessel crews are encouraged to intervene to
prevent potential incidents of sexual
harassment or sexual assault; and</DELETED>
<DELETED> (iii) that encourages victims of
sexual assault to report any incident of sexual
harassment or sexual assault; and</DELETED>
<DELETED> (B) understanding the needs of, and the
resources available to, a victim after an incident of
sexual harassment or sexual assault;</DELETED>
<DELETED> (6) assess whether the United States Merchant
Marine Academy should continue with sea year training on
privately owned vessels or change its curricula to provide
alternative training; and</DELETED>
<DELETED> (7) assess how vessel operators could ensure the
confidentiality of a report of sexual harassment or sexual
assault in order to protect the victim and prevent
retribution.</DELETED>
<DELETED> (e) Report.--Not later than 15 months after the date of
the enactment of this Act, the working group shall submit a report to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives that includes--</DELETED>
<DELETED> (1) recommendations on each of the working group's
responsibilities described in subsection (d);</DELETED>
<DELETED> (2) the trade-offs, opportunities, and challenges
associated with the recommendations made in paragraph (1);
and</DELETED>
<DELETED> (3) any other information the working group
determines appropriate.</DELETED>
<DELETED>TITLE III--MARITIME ADMINISTRATION ENHANCEMENT</DELETED>
<DELETED>SEC. 301. STATUS OF NATIONAL DEFENSE RESERVE FLEET
VESSELS.</DELETED>
<DELETED> Section 4405 of title 50, United States Code, is amended--
</DELETED>
<DELETED> (1) in subsection (a), by adding at the end the
following: ``Vessels in the National Defense Reserve Fleet,
including vessels loaned to State maritime academies, shall be
considered public vessels of the United States.'';
and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) shall remain vessels (as defined in section
3 of title 1); and</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 302. PORT INFRASTRUCTURE DEVELOPMENT.</DELETED>
<DELETED> Section 50302(c)(4) of title 46, United States Code, is
amended--</DELETED>
<DELETED> (1) by striking ``There are authorized'' and
inserting the following:</DELETED>
<DELETED> ``(A) In general.--There are authorized'';
and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 303. USE OF STATE ACADEMY TRAINING VESSELS.</DELETED>
<DELETED> Section 51504(g) of title 46, United States Code, is
amended to read as follows:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) is being used during a humanitarian
assistance or disaster response activity;</DELETED>
<DELETED> ``(2) is incapable of being maintained in good
repair as required under section 51504(c) of title 46, United
States Code;</DELETED>
<DELETED> ``(3) requires maintenance or repair for an
extended period;</DELETED>
<DELETED> ``(4) is activated as a National Defense Reserve
Fleet vessel pursuant to section 4405 of title 50, United
States Code;</DELETED>
<DELETED> ``(5) loses its United States Coast Guard
Certificate of Inspection or its classification; or</DELETED>
<DELETED> ``(6) does not comply with applicable
environmental regulations.''.</DELETED>
<DELETED>SEC. 304. STATE MARITIME ACADEMY PHYSICAL STANDARDS AND
REPORTING.</DELETED>
<DELETED> Section 51506 of title 46, United States Code, is
amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in the matter preceding paragraph (1),
by striking ``must'' and inserting ``shall'';</DELETED>
<DELETED> (B) in paragraph (2), by striking ``and''
at the end;</DELETED>
<DELETED> (C) in paragraph (3), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (D) by adding at the end the
following:</DELETED>
<DELETED> ``(4) agree that any individual enrolled at such
State maritime academy in a merchant marine officer preparation
program--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) required for the issuance of
an original license under section 7101;
or</DELETED>
<DELETED> ``(ii) set by the United States
Coast Guard for issuing merchant mariners'
documentation under section 7302, with no limit
to his or her operational authority;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(C) if the individual has a medical or
physical condition that disqualifies him or her from
meeting the requirements or standards referred to in
subparagraph (A), shall be transferred to a program
other than a merchant marine officer preparation
program, or otherwise appropriately disenrolled from
such State maritime academy, until the individual
demonstrates to the Secretary that the individual meets
such requirements or standards.''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 305. AUTHORITY TO EXTEND CERTAIN AGE RESTRICTIONS
RELATING TO VESSELS PARTICIPATING IN THE MARITIME
SECURITY FLEET.</DELETED>
<DELETED> (a) In General.--Section 53102 of title 46, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Repeal of Unnecessary Age Limitation.--Section
53106(c)(3) of such title is amended--</DELETED>
<DELETED> (1) in subparagraph (A), by striking ``or (C);''
and inserting ``; or'';</DELETED>
<DELETED> (2) in subparagraph (B), by striking ``; or'' at
the end and inserting a period; and</DELETED>
<DELETED> (3) by striking subparagraph (C).</DELETED>
<DELETED>SEC. 306. APPOINTMENTS.</DELETED>
<DELETED> (a) In General.--Section 51303 of title 46, United States
Code, is amended by striking ``40'' and inserting ``50''.</DELETED>
<DELETED> (b) Class Profile.--Not later than August 31 of each year,
the Superintendent of the United States Merchant Marine Academy shall
post on the Academy's public website a summary profile of each class at
the Academy.</DELETED>
<DELETED> (c) Contents.--Each summary profile posted under
subsection (b) shall include, for the incoming class and for the 4
classes that precede the incoming class, the number and percentage of
students--</DELETED>
<DELETED> (1) by State;</DELETED>
<DELETED> (2) by country;</DELETED>
<DELETED> (3) by gender;</DELETED>
<DELETED> (4) by race and ethnicity; and</DELETED>
<DELETED> (5) with prior military service.</DELETED>
<DELETED>SEC. 307. HIGH-SPEED CRAFT.</DELETED>
<DELETED> Notwithstanding section 3316(a) of title 46, United States
Code, the Secretary of the Navy may select a classification society
recognized and authorized by the Secretary to provide a classification
for high-speed craft.</DELETED>
<DELETED>TITLE IV--IMPLEMENTATION OF WORKFORCE MANAGEMENT
IMPROVEMENTS</DELETED>
<DELETED>SEC. 401. WORKFORCE PLANS AND ONBOARDING POLICIES.</DELETED>
<DELETED> (a) Workforce Plans.--Not later than 180 days after the
date of the enactment of this Act, the Administrator of the United
States Maritime Administration shall review the Maritime
Administration's workforce plans, including its Strategic Human Capital
Plan and Leadership Succession Plan, and fully implement competency
models for mission-critical occupations, including--</DELETED>
<DELETED> (1) leadership positions;</DELETED>
<DELETED> (2) human resources positions; and</DELETED>
<DELETED> (3) transportation specialist positions.</DELETED>
<DELETED> (b) Onboarding Policies.--Not later than 180 days after
the date of the enactment of this Act, the Administrator shall--
</DELETED>
<DELETED> (1) review the Maritime Administration's policies
related to new hire orientation, training, and misconduct
policies;</DELETED>
<DELETED> (2) align the onboarding policies and procedures
at headquarters and the field offices to ensure consistent
implementation and provision of critical information across the
Maritime Administration; and</DELETED>
<DELETED> (3) update the Maritime Administration's training
policies and training systems to include controls that ensure
that all completed training is tracked in a standardized
training repository.</DELETED>
<DELETED> (c) Onboarding Policies.--Not later than 9 months after
the date of the enactment of this Act, the Administrator shall submit a
report to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives that describes the Maritime Administration's
compliance with the requirements under this section.</DELETED>
<DELETED>SEC. 402. DRUG AND ALCOHOL POLICY.</DELETED>
<DELETED> (a) Review.--Not later than 9 months after the date of the
enactment of this Act, the Maritime Administrator shall--</DELETED>
<DELETED> (1) review the Maritime Administration's drug and
alcohol policies, procedures, and training practices;</DELETED>
<DELETED> (2) ensure that all fleet managers have received
training on the Department of Transportation's drug and alcohol
policy, including the testing procedures used by the Department
and the Maritime Administration in cases of reasonable
suspicion; and</DELETED>
<DELETED> (3) institute a system for tracking all drug and
alcohol policy training conducted under paragraph (2) in a
standardized training repository.</DELETED>
<DELETED> (b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives that describes the Maritime Administration's compliance
with the requirements under this section.</DELETED>
<DELETED>SEC. 403. VESSEL TRANSFERS.</DELETED>
<DELETED> Not later than 9 months after the date of the enactment of
this Act, the Maritime Administrator shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives that describes the policies and procedures for vessel
transfer, including--</DELETED>
<DELETED> (1) a summary of the actions taken to update the
Vessel Transfer Office procedures manual to reflect the current
range of program responsibilities and processes; and</DELETED>
<DELETED> (2) a copy of the updated Vessel Transfer Office
procedures to process vessel transfer applications.</DELETED>
<DELETED>TITLE V--TECHNICAL AMENDMENTS</DELETED>
<DELETED>SEC. 501. CLARIFYING AMENDMENT; CONTINUATION BOARDS.</DELETED>
<DELETED> Section 290(a) of title 14, United States Code, is amended
by striking ``five officers serving in the grade of vice admiral'' and
inserting ``5 officers (other than the Commandant) serving in the grade
of admiral or vice admiral''.</DELETED>
<DELETED>SEC. 502. PROSPECTIVE PAYMENT OF FUNDS NECESSARY TO PROVIDE
MEDICAL CARE.</DELETED>
<DELETED> (a) In General.--Chapter 13 of title 14, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 520. Prospective payment of funds necessary to provide
medical care</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(2) for which a reimbursement would otherwise be
made under such section 1085.</DELETED>
<DELETED> ``(b) Amount.--The amount of the prospective payment under
subsection (a)--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(3) shall be determined under procedures
established by the Secretary of Defense;</DELETED>
<DELETED> ``(4) shall be paid during the fiscal year in
which treatment or care is provided; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The analysis for chapter 13 of
title 14, United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED>``520. Prospective payment of funds necessary to provide
medical care.''.
<DELETED> (c) Repeal.--Section 217 of the Coast Guard Authorization
Act of 2016 (Public Law 114-120) and the item relating to that section
in the table of contents in section 2 of such Act, are
repealed.</DELETED>
<DELETED>SEC. 503. TECHNICAL CORRECTIONS TO TITLE 46 OF THE UNITED
STATES CODE.</DELETED>
<DELETED> (a) In General.--Title 46, United States Code, is
amended--</DELETED>
<DELETED> (1) in section 4503(f)(2), by striking ``that''
after ``necessary,''; and</DELETED>
<DELETED> (2) in section 7510(c)--</DELETED>
<DELETED> (A) in paragraph (1)(D), by striking
``engine'' and inserting ``engineer''; and</DELETED>
<DELETED> (B) in paragraph (9), by inserting a
period after ``App''.</DELETED>
<DELETED> (b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of the Coast Guard
Authorization Act of 2015 (Public Law 114-120).</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Maritime
Administration Authorization and Enhancement Act for Fiscal Year
2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--MARITIME ADMINISTRATION AUTHORIZATION
Sec. 101. Authorization of the maritime administration.
Sec. 102. Maritime Administration authorization request.
TITLE II--PREVENTION OF SEXUAL HARASSMENT AND ASSAULT AT THE UNITED
STATES MERCHANT MARINE ACADEMY
Sec. 201. Actions to address sexual harassment and sexual assault at
the United States Merchant Marine Academy.
Sec. 202. Sexual assault response coordinators and sexual assault
victim advocates.
Sec. 203. Report from the Department of Transportation Inspector
General.
Sec. 204. Sexual assault prevention and response working group.
TITLE III--MARITIME ADMINISTRATION ENHANCEMENT
Sec. 301. Status of National Defense Reserve Fleet vessels.
Sec. 302. Port infrastructure development.
Sec. 303. Use of State academy training vessels.
Sec. 304. State maritime academy physical standards and reporting.
Sec. 305. Authority to extend certain age restrictions relating to
vessels participating in the maritime
security fleet.
Sec. 306. Appointments.
Sec. 307. High-speed craft classification services.
Sec. 308. Maritime workforce working group.
Sec. 309. Vessel disposal program.
Sec. 310. Maritime extreme weather task force.
Sec. 311. Penalty wages.
Sec. 312. Recourse for noncitizens.
Sec. 313. Floating dry docks.
TITLE IV--IMPLEMENTATION OF WORKFORCE MANAGEMENT IMPROVEMENTS
Sec. 401. Workforce plans and onboarding policies.
Sec. 402. Drug and alcohol policy.
Sec. 403. Vessel transfers.
TITLE V--TECHNICAL AMENDMENTS
Sec. 501. Clarifying amendment; continuation boards.
Sec. 502. Prospective payment of funds necessary to provide medical
care.
Sec. 503. Technical corrections to title 46, United States Code.
Sec. 504. Coast Guard use of the Pribilof Islands.
TITLE VI--POLAR ICEBREAKER FLEET RECAPITALIZATION TRANSPARENCY ACT
Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Authority for polar icebreaker acquisition.
Sec. 604. Polar icebreaker recapitalization plan.
Sec. 605. GAO report icebreaking capability in the United States.
TITLE VII--VESSEL INCIDENTAL DISCHARGE ACT
Sec. 701. Short title.
Sec. 702. Findings; purpose.
Sec. 703. Definitions.
Sec. 704. Regulation and enforcement.
Sec. 705. Uniform national standards and requirements for the
regulation of discharges incidental to the
normal operation of a vessel.
Sec. 706. Treatment technology certification.
Sec. 707. Exemptions.
Sec. 708. Alternative compliance program.
Sec. 709. Judicial review.
Sec. 710. Effect on State authority.
Sec. 711. Application with other statutes.
Sec. 712. Relationship to other laws.
Sec. 713. Savings provision.
TITLE VIII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION SEXUAL
HARASSMENT AND ASSAULT PREVENTION ACT
Sec. 801. Short title.
Subtitle A--Sexual Harassment and Assault Prevention at the National
Oceanic and Atmospheric Administration
Sec. 811. Actions to address sexual harassment at National Oceanic and
Atmospheric Administration.
Sec. 812. Actions to address sexual assault at National Oceanic and
Atmospheric Administration.
Sec. 813. Rights of the victim of a sexual assault.
Sec. 814. Change of station.
Sec. 815. Applicability of policies to crews of vessels secured by
National Oceanic and Atmospheric
Administration under contract.
Sec. 816. Annual report on sexual assaults in the National Oceanic and
Atmospheric Administration.
Sec. 817. Definition.
Subtitle B--Commissioned Officer Corps of the National Oceanic and
Atmospheric Administration
Sec. 820. References to National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002.
PART I--General Provisions
Sec. 821. Strength and distribution in grade.
Sec. 822. Recalled officers.
Sec. 823. Obligated service requirement.
Sec. 824. Training and physical fitness.
Sec. 825. Recruiting materials.
Sec. 826. Charter vessel safety policy.
Sec. 827. Technical correction.
PART II--Parity and Recruitment
Sec. 831. Education loans.
Sec. 832. Interest payments.
Sec. 833. Student pre-commissioning program.
Sec. 834. Limitation on educational assistance.
Sec. 835. Applicability of certain provisions of title 10, United
States Code, and extension of certain
authorities applicable to members of the
Armed Forces to commissioned officer corps.
Sec. 836. Applicability of certain provisions of title 37, United
States Code.
Sec. 837. Legion of Merit award.
Sec. 838. Prohibition on retaliatory personnel actions.
Sec. 839. Penalties for wearing uniform without authority.
Sec. 840. Application of certain provisions of competitive service law.
Sec. 841. Employment and reemployment rights.
Sec. 842. Treatment of commission in commissioned officer corps for
purposes of certain hiring decisions.
Sec. 843. Direct hire authority.
PART III--Appointments and Promotion of Officers
Sec. 851. Appointments.
Sec. 852. Personnel boards.
Sec. 853. Delegation of authority.
Sec. 854. Assistant Administrator of the Office of Marine and Aviation
Operations.
Sec. 855. Temporary appointments.
Sec. 856. Officer candidates.
Sec. 857. Procurement of personnel.
PART IV--Separation and Retirement of Officers
Sec. 861. Involuntary retirement or separation.
Sec. 862. Separation pay.
Subtitle C--Hydrographic Services
Sec. 871. Reauthorization of Hydrographic Services Improvement Act of
1998.
TITLE I--MARITIME ADMINISTRATION AUTHORIZATION
SEC. 101. AUTHORIZATION OF THE MARITIME ADMINISTRATION.
There are authorized to be appropriated to the Department of
Transportation for fiscal year 2017, to be available without fiscal
year limitation if so provided in appropriations Acts, for programs
associated with maintaining the United States merchant marine, the
following amounts:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $99,902,000, of which--
(A) $74,851,000 shall be for Academy operations;
and
(B) $25,051,000 shall remain available until
expended for capital asset management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $29,550,000, of which--
(A) $2,400,000 shall remain available until
September 30, 2018, for the Student Incentive Program;
(B) $3,000,000 shall remain available until
expended for direct payments to such academies;
(C) $22,000,000 shall remain available until
expended for maintenance and repair of State maritime
academy training vessels;
(D) $1,800,000 shall remain available until
expended for training ship fuel assistance; and
(E) $350,000 shall remain available until expended
for expenses to improve the monitoring of the service
obligations of graduates.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel Program, $6,000,000, which shall remain
available until expended.
(4) For expenses necessary to support Maritime
Administration operations and programs, $57,142,000.
(5) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $20,000,000, which shall remain
available until expended.
(6) For the cost (as defined in section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan
guarantees under the program authorized by chapter 537 of title
46, United States Code, $3,000,000, which shall remain
available until expended for administrative expenses of the
program.
SEC. 102. MARITIME ADMINISTRATION AUTHORIZATION REQUEST.
Section 109 of title 49, United States Code, is amended by adding
at the end the following:
``(k) Submission of Annual Maritime Administration Authorization
Request.--
``(1) In general.--Not later than 30 days after the date on
which the President submits to Congress a budget for a fiscal
year pursuant to section 1105 of title 31, the Maritime
Administrator shall submit a Maritime Administration
authorization request with respect to such fiscal year to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives.
``(2) Defined term.--In this subsection, the term `Maritime
Administration authorization request' means a proposal for
legislation that, with respect to the Maritime Administration
for the relevant fiscal year--
``(A) recommends authorizations of appropriations
for that fiscal year; and
``(B) addresses any other matter that the Maritime
Administrator determines is appropriate for inclusion
in a Maritime Administration authorization bill.''.
TITLE II--PREVENTION OF SEXUAL HARASSMENT AND ASSAULT AT THE UNITED
STATES MERCHANT MARINE ACADEMY
SEC. 201. ACTIONS TO ADDRESS SEXUAL HARASSMENT AND SEXUAL ASSAULT AT
THE UNITED STATES MERCHANT MARINE ACADEMY.
(a) Policy.--Chapter 513 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 51318. Policy on sexual harassment and sexual assault
``(a) Required Policy.--
``(1) In general.--The Secretary of Transportation shall
direct the Superintendent of the United States Merchant Marine
Academy to prescribe a policy on sexual harassment and sexual
assault applicable to the cadets and other personnel of the
Academy.
``(2) Matters to be specified in policy.--The policy on
sexual harassment and sexual assault prescribed under this
subsection shall include--
``(A) a program to promote awareness of the
incidence of rape, acquaintance rape, and other sexual
offenses of a criminal nature that involve cadets or
other Academy personnel;
``(B) procedures that a cadet should follow in the
case of an occurrence of sexual harassment or sexual
assault, including--
``(i) specifying the person or persons to
whom an alleged occurrence of sexual harassment
or sexual assault should be reported by a cadet
and the options for confidential reporting;
``(ii) specifying any other person whom the
victim should contact; and
``(iii) procedures on the preservation of
evidence potentially necessary for proof of
criminal sexual assault;
``(C) a procedure for disciplinary action in cases
of alleged criminal sexual assault involving a cadet or
other Academy personnel;
``(D) any other sanction authorized to be imposed
in a substantiated case of sexual harassment or sexual
assault involving a cadet or other Academy personnel in
rape, acquaintance rape, or any other criminal sexual
offense, whether forcible or nonforcible; and
``(E) required training on the policy for all
cadets and other Academy personnel, including the
specific training required for personnel who process
allegations of sexual harassment or sexual assault
involving Academy personnel.
``(3) Availability of policy.--The Secretary shall ensure
that the policy developed under this subsection is available
to--
``(A) all cadets and employees of the Academy; and
``(B) the public.
``(4) Consultation and assistance.--In developing the
policy under this subsection, the Secretary may consult or
receive assistance from such Federal, State, local, and
national organizations and subject matter experts as the
Secretary considers appropriate.
``(b) Development Program.--
``(1) In general.--The Secretary of Transportation shall
ensure that the development program of the United States
Merchant Marine Academy includes a section that--
``(A) describes the relationship between honor,
respect, and character development and the prevention
of sexual harassment and sexual assault at the Academy;
and
``(B) includes a brief history of the problem of
sexual harassment and sexual assault in the merchant
marine, in the Armed Forces, and at the Academy; and
``(C) includes information relating to reporting
sexual harassment and sexual assault, victims' rights,
and dismissal for offenders.
``(2) Training.--The Superintendent of the Academy shall
ensure that all cadets receive the training described in
paragraph (1)--
``(A) not later than 7 days after their initial
arrival at the Academy; and
``(B) biannually thereafter until they graduate or
leave the Academy.
``(c) Annual Assessment.--
``(1) In general.--The Secretary of Transportation, in
cooperation with the Superintendent of the Academy, shall
conduct an assessment at the Academy during each Academy
program year to determine the effectiveness of the policies,
procedures, and training of the Academy with respect to sexual
harassment and sexual assault involving cadets or other Academy
personnel.
``(2) Biennial survey.--For each assessment of the Academy
under paragraph (1) during an Academy program year that begins
in an odd-numbered calendar year, the Secretary shall conduct a
survey of cadets and other Academy personnel--
``(A) to measure--
``(i) the incidence, during that program
year, of sexual harassment and sexual assault
events, on or off the Academy campus, that have
been reported to officials of the Academy; and
``(ii) the incidence, during that program
year, of sexual harassment and sexual assault
events, on or off the Academy campus, that have
not been reported to officials of the Academy;
and
``(B) to assess the perceptions of cadets and other
Academy personnel on--
``(i) the policies, procedures, and
training on sexual harassment and sexual
assault involving cadets or Academy personnel;
``(ii) the enforcement of the policies
described in clause (i);
``(iii) the incidence of sexual harassment
and sexual assault involving cadets or Academy
personnel; and
``(iv) any other issues relating to sexual
harassment and sexual assault involving cadets
or Academy personnel.
``(3) Focus groups for years when survey not required.--In
any year in which the Secretary of Transportation is not
required to conduct the survey described in paragraph (2), the
Secretary shall conduct focus groups at the Academy for the
purposes of ascertaining information relating to sexual assault
and sexual harassment issues at the Academy.
``(d) Annual Report.--
``(1) In general.--The Superintendent of the Academy shall
submit a report to the Secretary of Transportation that
provides information about sexual harassment and sexual assault
involving cadets or other personnel at the Academy for each
Academy program year.
``(2) Contents.--Each report submitted under paragraph (1)
shall include, for the Academy program year covered by the
report--
``(A) the number of sexual assaults, rapes, and
other sexual offenses involving cadets or other Academy
personnel that have been reported to Academy officials;
``(B) the number of the reported cases described in
subparagraph (A) that have been substantiated;
``(C) the policies, procedures, and training
implemented by the Superintendent and the leadership of
the Academy in response to sexual harassment and sexual
assault involving cadets or other Academy personnel;
and
``(D) a plan for the actions that will be taken in
the following Academy program year regarding prevention
of, and response to, sexual harassment and sexual
assault involving cadets or other Academy personnel.
``(3) Survey and focus group results.--
``(A) Survey results.--Each report under paragraph
(1) for an Academy program year that begins in an odd-
numbered calendar year shall include the results of the
survey conducted in that program year under subsection
(c)(2).
``(B) Focus group results.--Each report under
paragraph (1) for an Academy program year in which the
Secretary of Transportation is not required to conduct
the survey described (c)(2) shall include the results
of the focus group conducted in that program year under
subsection (c)(3).
``(4) Reporting requirement.--
``(A) By the superintendent.--For each incident of
sexual harassment or sexual assault reported to the
Superintendent under this subsection, the
Superintendent shall provide the Secretary of
Transportation and the Board of Visitors of the Academy
with a report that includes--
``(i) the facts surrounding the incident,
except for any details that would reveal the
identities of the people involved; and
``(ii) the Academy's response to the
incident.
``(B) By the secretary.--The Secretary shall submit
a copy of each report received under subparagraph (A)
and the Secretary's comments on the report to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.''.
(b) Clerical Amendment.--The table of sections for chapter 513 of
title 46, United States Code, is amended by adding at the end the
following:
``51318. Policy on sexual harassment and sexual assault.''.
SEC. 202. SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL ASSAULT
VICTIM ADVOCATES.
(a) Coordinators and Advocates.--Chapter 513 of title 46, United
States Code, as amended by section 201, is further amended by adding at
the end the following:
``Sec. 51319. Sexual assault response coordinators and sexual assault
victim advocates
``(a) Sexual Assault Response Coordinators.--The United States
Merchant Marine Academy shall employ or contract with at least 1 full-
time sexual assault response coordinator who shall reside on or near
the Academy. The Secretary of Transportation may assign additional
full-time or part-time sexual assault response coordinators at the
Academy as may be necessary.
``(b) Volunteer Sexual Assault Victim Advocates.--
``(1) In general.--The Secretary of Transportation, acting
through the Superintendent of the United States Merchant Marine
Academy, shall designate 1 or more permanent employees who
volunteer to serve as advocates for victims of sexual assaults
involving--
``(A) cadets of the Academy; or
``(B) individuals who work with or conduct business
on behalf of the Academy.
``(2) Training; other duties.--Each victim advocate
designated under this subsection shall--
``(A) have or receive training in matters relating
to sexual assault and the comprehensive policy
developed under section 51318 of title 46, United
States Code, as added by section 201; and
``(B) serve as a victim advocate voluntarily, in
addition to the individual's other duties as an
employee of the Academy.
``(3) Primary duties.--While performing the duties of a
victim advocate under this subsection, a designated employee
shall--
``(A) support victims of sexual assault by
informing them of the rights and resources available to
them as victims;
``(B) identify additional resources to ensure the
safety of victims of sexual assault; and
``(C) connect victims of sexual assault to an
Academy sexual assault response coordinator, or full-
time or part-time victim advocate, who shall act as a
companion in navigating investigative, medical, mental
and emotional health, and recovery processes relating
to sexual assault.
``(4) Companion.--At least 1 victim advocate designated
under this subsection, while performing the duties of a victim
advocate, shall act as a companion in navigating investigative,
medical, mental and emotional health, and recovery processes
relating to sexual assault.
``(5) Hotline.--The Secretary shall establish a 24-hour
hotline through which the victim of a sexual assault can
receive victim support services.
``(6) Formal relationships with other entities.--The
Secretary may enter into formal relationships with other
entities to make available additional victim advocates or to
implement paragraphs (3), (4), and (5).
``(7) Confidentiality.--Information disclosed by a victim
to an advocate designated under this subsection--
``(A) shall be treated by the advocate as
confidential; and
``(B) may not be disclosed by the advocate without
the consent of the victim.''.
(b) Clerical Amendment.--The table of sections for chapter 513 of
title 46, United States Code, is amended by adding at the end the
following:
``51319. Sexual assault response coordinators and sexual assault victim
advocates.''.
SEC. 203. REPORT FROM THE DEPARTMENT OF TRANSPORTATION INSPECTOR
GENERAL.
(a) In General.--Not later than March 31, 2018, the Inspector
General of the Department of Transportation shall submit a report to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives that describes the effectiveness of the sexual
harassment and sexual assault prevention and response program at the
United States Merchant Marine Academy.
(b) Contents.--The report required under subsection (a) shall--
(1) assess progress toward addressing any outstanding
recommendations;
(2) include any recommendations to reduce the number of
sexual assaults involving members of the United States Merchant
Marine Academy, whether a member is the victim, the alleged
assailant, or both;
(3) include any recommendations to improve the response of
the Department of Transportation and the United States Merchant
Marine Academy to reports of sexual assaults involving members
of the Academy, whether a members is the victim, the alleged
assailant, or both.
(c) Expertise.--In compiling the report required under this
section, the inspection teams acting under the direction of the
Inspector General shall--
(1) include at least 1 member with expertise and knowledge
of sexual assault prevention and response policies; or
(2) consult with subject matter experts in the prevention
of and response to sexual assaults.
SEC. 204. SEXUAL ASSAULT PREVENTION AND RESPONSE WORKING GROUP.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Maritime Administrator shall convene a
working group to examine methods to improve the prevention of, and
response to, any sexual harassment or sexual assault that occurs during
a Cadet's Sea Year experience with the United States Merchant Marine
Academy.
(b) Membership.--The Maritime Administrator shall designate
individuals to serve as members of the working group convened pursuant
to subsection (a). Membership in the working group shall consist of--
(1) a representative of the Maritime Administration, which
shall serve as chair of the working group;
(2) the Superintendent of the Academy, or designee;
(3) the sexual assault response coordinator appointed under
section 51319 of title 46, United States Code;
(4) a subject matter expert from the Coast Guard;
(5) a subject matter expert from the Military Sealift
Command;
(6) at least 1 representative from each of the State
maritime academies;
(7) at least 1 representative from each private contracting
party participating in the maritime security program;
(8) at least 1 representative from each nonprofit labor
organization representing a class or craft of employees
employed on vessels in the Maritime Security Fleet;
(9) at least 2 representatives from approved maritime
training institutions; and
(10) at least 1 representative from companies that--
(A) participate in sea training of Academy cadets;
and
(B) do not participate in the maritime security
program.
(c) No Quorum Requirement.--The Maritime Administration may convene
the working group without all members present.
(d) Responsibilities.--The working group shall--
(1) evaluate options that could promote a climate of honor
and respect, and a culture that is intolerant of sexual
harassment and sexual assault and those who commit it, across
the United States Flag Fleet;
(2) raise awareness of the United States Merchant Marine
Academy's sexual assault prevention and response program across
the United States Flag Fleet;
(3) assess options that could be implemented by the United
States Flag Fleet that would remove any barriers to the
reporting of sexual harassment and sexual assault response that
occur during a Cadet's Sea Year experience and protect the
victim's confidentiality;
(4) assess a potential program or policy, applicable to all
participants of the maritime security program, to improve the
prevention of, and response to, sexual harassment and sexual
assault incidents;
(5) assess a potential program or policy, applicable to all
vessels operating in the United States Flag Fleet that
participate in the Maritime Security Fleet under section 53101
of title 46, United States Code, which carry cargos to which
chapter 531 of such title applies, or are chartered by a
Federal agency, requiring crews to complete a sexual harassment
and sexual assault prevention and response training program
before the Cadet's Sea Year that includes--
(A) fostering a shipboard climate--
(i) that does not tolerate sexual
harassment and sexual assault;
(ii) in which persons assigned to vessel
crews are encouraged to intervene to prevent
potential incidents of sexual harassment or
sexual assault; and
(iii) that encourages victims of sexual
assault to report any incident of sexual
harassment or sexual assault; and
(B) understanding the needs of, and the resources
available to, a victim after an incident of sexual
harassment or sexual assault;
(6) assess whether the United States Merchant Marine
Academy should continue with sea year training on privately
owned vessels or change its curricula to provide alternative
training; and
(7) assess how vessel operators could ensure the
confidentiality of a report of sexual harassment or sexual
assault in order to protect the victim and prevent retribution.
(e) Report.--Not later than 15 months after the date of the
enactment of this Act, the working group shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives that includes--
(1) recommendations on each of the working group's
responsibilities described in subsection (d);
(2) the trade-offs, opportunities, and challenges
associated with the recommendations made in paragraph (1); and
(3) any other information the working group determines
appropriate.
TITLE III--MARITIME ADMINISTRATION ENHANCEMENT
SEC. 301. STATUS OF NATIONAL DEFENSE RESERVE FLEET VESSELS.
Section 4405 of title 50, United States Code, is amended--
(1) in subsection (a), by adding at the end the following:
``Vessels in the National Defense Reserve Fleet, including
vessels loaned to State maritime academies, shall be considered
public vessels of the United States.''; and
(2) by adding at the end the following:
``(g) Vessel Status.--Ships or other watercraft in the National
Defense Reserve Fleet determined by the Maritime Administration to be
of insufficient value to remain in the National Defense Reserve Fleet--
``(1) shall remain vessels (as defined in section 3 of
title 1); and
``(2) shall remain subject to the rights and
responsibilities of a vessel under admiralty law until such
time as the vessel is delivered to a dismantling facility or is
otherwise disposed of from the National Defense Reserve
Fleet.''.
SEC. 302. PORT INFRASTRUCTURE DEVELOPMENT.
Section 50302(c)(4) of title 46, United States Code, is amended--
(1) by striking ``There are authorized'' and inserting the
following:
``(A) In general.--There are authorized''; and
(2) by adding at the end the following:
``(B) Administrative expenses.--Except as otherwise
provided by law, the Administrator may use not more
than 3 percent of the amounts appropriated to carry out
this section for the administrative expenses of the
program.''.
SEC. 303. USE OF STATE ACADEMY TRAINING VESSELS.
Section 51504(g) of title 46, United States Code, is amended to
read as follows:
``(g) Vessel Sharing.--The Secretary, after consulting with the
affected State maritime academies, may implement a program requiring a
State maritime academy to share its training vessel with another State
maritime academy if the vessel of another State maritime academy--
``(1) is being used during a humanitarian assistance or
disaster response activity;
``(2) is incapable of being maintained in good repair as
required under section 51504(c) of title 46, United States
Code;
``(3) requires maintenance or repair for an extended
period;
``(4) is activated as a National Defense Reserve Fleet
vessel pursuant to section 4405 of title 50, United States
Code;
``(5) loses its Coast Guard Certificate of Inspection or
its classification; or
``(6) does not comply with applicable environmental
regulations.''.
SEC. 304. STATE MARITIME ACADEMY PHYSICAL STANDARDS AND REPORTING.
Section 51506 of title 46, United States Code, is amended-
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``must'' and inserting ``shall'';
(B) in paragraph (2), by striking ``and'' at the
end;
(C) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(4) agree that any individual enrolled at such State
maritime academy in a merchant marine officer preparation
program--
``(A) shall, not later than 9 months after each
such individual's date of enrollment, pass an
examination in form and substance satisfactory to the
Secretary that demonstrates that such individual meets
the medical and physical requirements--
``(i) required for the issuance of an
original license under section 7101; or
``(ii) set by the Coast Guard for issuing
merchant mariners' documentation under section
7302, with no limit to his or her operational
authority;
``(B) following passage of the examination under
subparagraph (A), shall continue to meet the
requirements or standards described in subparagraph (A)
throughout the remainder of their respective
enrollments at the State maritime academy; and
``(C) if the individual has a medical or physical
condition that disqualifies him or her from meeting the
requirements or standards referred to in subparagraph
(A), shall be transferred to a program other than a
merchant marine officer preparation program, or
otherwise appropriately disenrolled from such State
maritime academy, until the individual demonstrates to
the Secretary that the individual meets such
requirements or standards.''; and
(2) by adding at the end the following:
``(c) Secretarial Waiver Authority.--The Secretary is authorized to
modify or waive any of the terms set forth in subsection (a)(4) with
respect to any individual or State maritime academy.''.
SEC. 305. AUTHORITY TO EXTEND CERTAIN AGE RESTRICTIONS RELATING TO
VESSELS PARTICIPATING IN THE MARITIME SECURITY FLEET.
(a) In General.--Section 53102 of title 46, United States Code, is
amended by adding at the end the following:
``(g) Authority for Extension of Maximum Service Age for a
Participating Fleet Vessel.--The Secretary of Defense, in conjunction
with the Secretary of Transportation, may extend the maximum age
restrictions under sections 53101(5)(A)(ii) and 53106(c)(3) for a
particular participating fleet vessel for up to 5 years if the
Secretary of Defense and the Secretary of Transportation jointly
determine that such extension is in the national interest.''.
(b) Repeal of Unnecessary Age Limitation.--Section 53106(c)(3) of
such title is amended--
(1) in subparagraph (A), by striking ``or (C);'' and
inserting ``; or'';
(2) in subparagraph (B), by striking ``; or'' at the end
and inserting a period; and
(3) by striking subparagraph (C).
SEC. 306. APPOINTMENTS.
(a) In General.--Section 51303 of title 46, United States Code, is
amended by striking ``40'' and inserting ``50''.
(b) Class Profile.--Not later than August 31 of each year, the
Superintendent of the United States Merchant Marine Academy shall post
on the Academy's public website a summary profile of each class at the
Academy.
(c) Contents.--Each summary profile posted under subsection (b)
shall include, for the incoming class and for the 4 classes that
precede the incoming class, the number and percentage of students--
(1) by State;
(2) by country;
(3) by gender;
(4) by race and ethnicity; and
(5) with prior military service.
SEC. 307. HIGH-SPEED CRAFT CLASSIFICATION SERVICES.
(a) In General.--Notwithstanding section 3316(a) of title 46,
United States Code, the Secretary of the Navy may use the services of
an approved classification society for only a high-speed craft that--
(1) was acquired by the Secretary from the Maritime
Administration;
(2) is not a high-speed naval combatant, patrol vessel,
expeditionary vessel, or other special purpose military or law
enforcement vessel;
(3) is operated for commercial purposes;
(4) is not operated or crewed by any department, agency,
instrumentality, or employee of the United States Government;
(5) is not directly engaged in any mission or other
operation for or on behalf of any department, agency,
instrumentality, or employee of the United States Government;
and
(6) is not primarily designed to carry freight owned,
leased, used, or contracted for or by the United States
Government.
(b) Definition of Approved Classification Society.--In this
section, the term ``approved classification society'' means a
classification society that has been approved by the Secretary of the
department in which the Coast Guard is operating under section 3316(c)
of title 46, United States Code.
(c) Savings Clause.--Nothing in this section may be construed to
affect the requirements under section 3316 of title 46, United States
Code, for a high-speed craft that does not meet the conditions under
paragraphs (1) through (6) of subsection (a) of this section.
SEC. 308. MARITIME WORKFORCE WORKING GROUP.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Transportation shall convene a
working group to examine and assess the size of the pool of citizen
mariners necessary to support the United States Flag Fleet in times of
national emergency.
(b) Membership.--The Maritime Administrator shall designate
individuals to serve as members of the working group convened under
subsection (a). The working group shall include, at a minimum, the
following members:
(1) At least 1 representative of the Maritime
Administration, who shall serve as chairperson of the working
group.
(2) At least 1 subject matter expert from the United States
Merchant Marine Academy.
(3) At least 1 subject matter expert from the Coast Guard.
(4) At least 1 subject matter expert from the Military
Sealift Command.
(5) 1 subject matter expert from each of the State maritime
academies.
(6) At least 1 representative from each nonprofit labor
organization representing a class or craft of employees
(licensed or unlicensed) who are employed on vessels operating
in the United States Flag Fleet.
(7) At least 4 representatives of owners of vessels
operating the in United States Flag Fleet, or their private
contracting parties, which are primarily operating in non-
contiguous or coastwise trades.
(8) At least 4 representatives of owners of vessels
operating the in United States Flag Fleet, or their private
contracting parties, which are primarily operating in
international transportation.
(c) No Quorum Requirement.--The Maritime Administration may convene
the working group without all members present.
(d) Responsibilities.--The working group shall--
(1) identify the number of United States citizen mariners--
(A) in total;
(B) that have a valid United States Coast Guard
merchant mariner credential with the necessary
endorsements for service on unlimited tonnage vessels
subject to the International Convention on Standards of
Training, Certification and Watchkeeping for Seafarers,
1978, as amended;
(C) that are involved in Federal programs that
support the United States Merchant Marine and United
States Flag Fleet;
(D) that are available to crew the United States
Flag Fleet and the surge sealift fleet in times of a
national emergency;
(E) that are full-time mariners;
(F) that have sailed in the prior 18 months; and
(G) that are primarily operating in non-contiguous
or coastwise trades;
(2) assess the impact on the United States Merchant Marine
and United States Merchant Marine Academy if graduates from
State maritime academies and the United States Merchant Marine
Academy were assigned to, or required to fulfill, certain
maritime positions based on the overall needs of the United
States Merchant Marine;
(3) assess the Coast Guard Merchant Mariner Licensing and
Documentation System, which tracks merchant mariner credentials
and medical certificates, and its accessibility and value to
the Maritime Administration for the purposes of evaluating the
pool of United States citizen mariners; and
(4) make recommendations to enhance the availability and
quality of interagency data, including data from the United
States Transportation Command, the Coast Guard, and the Bureau
of Transportation Statistics, for use by the Maritime
Administration for evaluating the pool of United States citizen
mariners.
(e) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Transportation shall submit a report to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives that contains the results of the study conducted under
this section, including--
(1) the number of United States citizen mariners identified
for each category described in subparagraphs (A) through (G) of
subsection (d)(1);
(2) the results of the assessments conducted under
paragraphs (2) and (3) of subsection (d); and
(3) the recommendations made under subsection (d)(4).
SEC. 309. VESSEL DISPOSAL PROGRAM.
(a) Annual Report.--Not later than January 1 of each year, the
Administrator of the Maritime Administration shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report on the management of the vessel disposal
program of the Maritime Administration.
(b) Contents.--The report under subsection (a) shall include--
(1) the total amount of funds credited in the prior fiscal
year to--
(A) the Vessel Operations Revolving Fund
established by section 50301(a) of title 46, United
States Code; and
(B) any other account attributable to the vessel
disposal program of the Maritime Administration;
(2) the balance of funds available at the end of that
fiscal year in--
(A) the Vessel Operations Revolving Fund; and
(B) any other account described in paragraph
(1)(B);
(3) in consultation with the Secretary of the Interior, the
total number of--
(A) grant applications under the National Maritime
Heritage Grants Program in the prior fiscal year; and
(B) the applications under subparagraph (A) that
were approved by the Secretary of the Interior, acting
through the National Maritime Initiative of the
National Park Service;
(4) a detailed description of each project funded under the
National Maritime Heritage Grants Program in the prior fiscal
year for which funds from the Vessel Operations Revolving Funds
were obligated, including the information described in
paragraphs (1) through (3) of section 308703(j) of title 54,
United States Code; and
(5) a detailed description of the funds credited to and
distributions from the Vessel Operations Revolving Funds in the
prior fiscal year.
(c) Assessments.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and biennially thereafter, the
Administrator shall assess the vessel disposal program of the
Maritime Administration.
(2) Contents.--Each assessment under paragraph (1) shall
include--
(A) an inventory of each vessel, subject to a
disposal agreement, for which the Maritime
Administration acts as the disposal agent, including--
(i) the age of the vessel; and
(ii) the name of the Federal agency with
which the Maritime Administration has entered
into a disposal agreement;
(B) a description of each vessel of a Federal
agency that may meet the criteria for the Maritime
Administration to act as the disposal agent,
including--
(i) the age of the vessel; and
(ii) the name of the applicable Federal
agency;
(C) the Maritime Administration's plan to serve as
the disposal agent, as appropriate, for the vessels
described in subparagraph (B); and
(D) any other information related to the vessel
disposal program that the Administrator determines
appropriate.
(d) Cessation of Effectiveness.--This section ceases to be
effective on the date that is 5 years after the date of enactment of
this Act.
SEC. 310. MARITIME EXTREME WEATHER TASK FORCE.
(a) Establishment of Task Force.--Not later than 15 days after the
date of enactment of this Act, the Secretary of Transportation shall
establish a task force to analyze the impact of extreme weather events,
such as in the maritime environment (referred to in this section as the
``Task Force'').
(b) Membership.--The Task Force shall be composed of--
(1) the Secretary or the Secretary's designee; and
(2) a representative of--
(A) the Coast Guard;
(B) the National Oceanic and Atmospheric
Administration;
(C) the Federal Maritime Commission; and
(D) such other Federal agency or independent
commission as the Secretary considers appropriate.
(c) Report.--
(1) In general.--Except as provided in paragraph (4), not
later than 180 days after the date it is established under
subsection (a), the Task Force shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the analysis under subsection (a).
(2) Contents.--The report under paragraph (1) shall
include--
(A) an identification of available weather
prediction, monitoring, and routing technology
resources;
(B) an identification of industry best practices
relating to response to, and prevention of marine
casualties from, extreme weather events;
(C) a description of how the resources described in
subparagraph (A) are used in the various maritime
sectors, including by passenger and cargo vessels;
(D) recommendations for improving maritime response
operations to extreme weather events and preventing
marine casualties from extreme weather events, such as
promoting the use of risk communications and the
technologies identified under subparagraph (A); and
(E) recommendations for any legislative or
regulatory actions for improving maritime response
operations to extreme weather events and preventing
marine casualties from extreme weather events.
(3) Publication.--The Secretary shall make the report under
paragraph (1) and any notification under paragraph (4) publicly
accessible in an electronic format.
(4) Imminent threats.--The Task Force shall immediately
notify the Secretary of any finding or recommendations that
could protect the safety of an individual on a vessel from an
imminent threat of extreme weather.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 311. PENALTY WAGES.
(a) Foreign and Intercoastal Voyages.--Section 10313(g) of title
46, United States Code, is amended--
(1) in paragraph (2)--
(A) by striking ``all claims in a class action suit
by seamen'' and inserting ``each claim by a seaman'';
and
(B) by striking ``the seamen'' and inserting ``the
seaman''; and
(2) in paragraph (3)--
(A) by striking ``class action''; and
(B) in subparagraph (B), by striking ``, by a
seaman who is a claimant in the suit,'' and inserting
``by the seaman''.
(b) Coastwise Voyages.--Section 10504(c) of such title is amended--
(1) in paragraph (2)--
(A) by striking ``all claims in a class action suit
by seamen'' and inserting ``each claim by a seaman'';
and
(B) by striking ``the seamen'' and inserting ``the
seaman''; and
(2) in paragraph (3)--
(A) by striking ``class action''; and
(B) in subparagraph (B), by striking ``, by a
seaman who is a claimant in the suit,'' and inserting
``by the seaman''.
SEC. 312. RECOURSE FOR NONCITIZENS.
Section 30104 of title 46, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before the first
sentence; and
(2) by adding at the end the following:
``(b) Restriction on Recovery for Nonresident Aliens Employed on
Foreign Passenger Vessels.--A claim for damages or expenses relating to
personal injury, illness, or death of a seaman who is a citizen of a
foreign nation, arising during or from the engagement of the seaman by
or for a passenger vessel duly registered under the laws of a foreign
nation, may not be brought under the laws of the United States if--
``(1) such seaman was not a permanent resident alien of the
United States at the time the claim arose;
``(2) the injury, illness, or death arose outside the
territorial waters of the United States; and
``(3) the seaman or the seaman's personal representative
has or had a right to seek compensation for the injury,
illness, or death in, or under the laws of--
``(A) the nation in which the vessel was registered
at the time the claim arose; or
``(B) the nation in which the seaman maintained
citizenship or residency at the time the claim arose.
``(c) Compensation Defined.--As used in subsection (b), the term
`compensation' means--
``(1) a statutory workers' compensation remedy that
complies with Standard A4.2 of Regulation 4.2 of the Maritime
Labour Convention, 2006; or
``(2) in the absence of the remedy described in paragraph
(1), a legal remedy that complies with Standard A4.2 of
Regulation 4.2 of the Maritime Labour Convention, 2006, that
permits recovery for lost wages, pain and suffering, and future
medical expenses.''.
SEC. 313. FLOATING DRY DOCKS.
Section 55122(a)(1)(C) of title 46, United States Code, is amended
by striking ``the date of the enactment of the Carl Levin and Howard P.
`Buck' McKeon National Defense Authorization Act for Fiscal Year 2015''
and inserting ``December 19, 2017''.
TITLE IV--IMPLEMENTATION OF WORKFORCE MANAGEMENT IMPROVEMENTS
SEC. 401. WORKFORCE PLANS AND ONBOARDING POLICIES.
(a) Workforce Plans.--Not later than 9 months after the date of the
enactment of this Act, the Maritime Administrator shall review the
Maritime Administration's workforce plans, including its Strategic
Human Capital Plan and Leadership Succession Plan, and fully implement
competency models for mission-critical occupations, including--
(1) leadership positions;
(2) human resources positions; and
(3) transportation specialist positions.
(b) Onboarding Policies.--Not later than 9 months after the date of
the enactment of this Act, the Administrator shall--
(1) review the Maritime Administration's policies related
to new hire orientation, training, and misconduct policies;
(2) align the onboarding policies and procedures at
headquarters and the field offices to ensure consistent
implementation and provision of critical information across the
Maritime Administration; and
(3) update the Maritime Administration's training policies
and training systems to include controls that ensure that all
completed training is tracked in a standardized training
repository.
(c) Onboarding Policies.--Not later than 1 year after the date of
the enactment of this Act, the Administrator shall submit a report to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives that describes the Maritime Administration's compliance
with the requirements under this section.
SEC. 402. DRUG AND ALCOHOL POLICY.
(a) Review.--Not later than 9 months after the date of the
enactment of this Act, the Maritime Administrator shall--
(1) review the Maritime Administration's drug and alcohol
policies, procedures, and training practices;
(2) ensure that all fleet managers have received training
on the Department of Transportation's drug and alcohol policy,
including the testing procedures used by the Department and the
Maritime Administration in cases of reasonable suspicion; and
(3) institute a system for tracking all drug and alcohol
policy training conducted under paragraph (2) in a standardized
training repository.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Administrator shall submit a report to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives that describes the Maritime Administration's compliance
with the requirements under this section.
SEC. 403. VESSEL TRANSFERS.
Not later than 9 months after the date of the enactment of this
Act, the Maritime Administrator shall submit a report to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives that describes the policies and procedures for vessel
transfer, including--
(1) a summary of the actions taken to update the Vessel
Transfer Office procedures manual to reflect the current range
of program responsibilities and processes; and
(2) a copy of the updated Vessel Transfer Office procedures
to process vessel transfer applications.
TITLE V--TECHNICAL AMENDMENTS
SEC. 501. CLARIFYING AMENDMENT; CONTINUATION BOARDS.
Section 290(a) of title 14, United States Code, is amended by
striking ``five officers serving in the grade of vice admiral'' and
inserting ``5 officers (other than the Commandant) serving in the grade
of admiral or vice admiral''.
SEC. 502. PROSPECTIVE PAYMENT OF FUNDS NECESSARY TO PROVIDE MEDICAL
CARE.
(a) In General.--Chapter 13 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 520. Prospective payment of funds necessary to provide medical
care
``(a) Prospective Payment Required.--In lieu of the reimbursement
required under section 1085 of title 10, the Secretary of Homeland
Security shall make a prospective payment to the Secretary of Defense
of an amount that represents the actuarial valuation of treatment or
care--
``(1) that the Department of Defense shall provide to
members of the Coast Guard, former members of the Coast Guard,
and dependents of such members and former members (other than
former members and dependents of former members who are a
Medicare-eligible beneficiary or for whom the payment for
treatment or care is made from the Medicare-Eligible Retiree
Health Care Fund) at facilities under the jurisdiction of the
Department of Defense or a military department; and
``(2) for which a reimbursement would otherwise be made
under such section 1085.
``(b) Amount.--The amount of the prospective payment under
subsection (a)--
``(1) shall be derived from amounts appropriated for the
operating expenses of the Coast Guard for treatment or care
provided to members of the Coast Guard and their dependents;
``(2) shall be derived from amounts appropriated for
retired pay for treatment or care provided to former members of
the Coast Guard and their dependents;
``(3) shall be determined under procedures established by
the Secretary of Defense;
``(4) shall be paid during the fiscal year in which
treatment or care is provided; and
``(5) shall be subject to adjustment or reconciliation, as
the Secretary of Homeland Security and the Secretary of Defense
jointly determine appropriate, during or promptly after such
fiscal year if the prospective payment is determined excessive
or insufficient based on the services actually provided.
``(c) No Prospective Payment When Service in Navy.--No prospective
payment shall be made under this section for any period during which
the Coast Guard operates as a service in the Navy.
``(d) Relationship to TRICARE.--This section shall not be construed
to require a payment for, or the prospective payment of an amount that
represents the value of, treatment or care provided under any TRICARE
program.''.
(b) Clerical Amendment.--The analysis for chapter 13 of title 14,
United States Code, is amended by adding at the end the following:
``520. Prospective payment of funds necessary to provide medical
care.''.
(c) Repeal.--Section 217 of the Coast Guard Authorization Act of
2016 (Public Law 114-120) and the item relating to that section in the
table of contents in section 2 of such Act, are repealed.
SEC. 503. TECHNICAL CORRECTIONS TO TITLE 46, UNITED STATES CODE.
(a) In General.--Title 46, United States Code, is amended--
(1) in section 4503(f)(2), by striking ``that'' after
``necessary,''; and
(2) in section 7510(c)--
(A) in paragraph (1)(D), by striking ``engine'' and
inserting ``engineer''; and
(B) in paragraph (9), by inserting a period after
``App''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of the Coast Guard
Authorization Act of 2015 (Public Law 114-120).
SEC. 504. COAST GUARD USE OF THE PRIBILOF ISLANDS.
(a) In General.--Section 522(a)(1) of the Pribilof Island
Transition Completion Act of 2015 (subtitle B of title V of Public Law
114-120) is amended by striking ``Lots'' and inserting ``Not later than
30 days after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2017, lots''.
(b) Report.--Not later than 60 days after the date of the enactment
of the Maritime Administration Authorization and Enhancement Act for
Fiscal Year 2017, the Secretary of the department in which the Coast
Guard is operating shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on Natural
Resources of the House of Representatives, and the Committee on
Transportation and Infrastructure of the House of Representatives that
describes--
(1) the Coast Guard's use of Tracts 43 and 39, located on
St. Paul Island, Alaska, since operation of the LORAN-C system
was terminated;
(2) the Coast Guard's plans for using the tracts described
in paragraph (1) during fiscal years 2016, 2017, and 2018; and
(3) the Coast Guard's plans for using the tracts described
in paragraph (1) and other facilities on St. Paul Island after
fiscal year 2018.
TITLE VI--POLAR ICEBREAKER FLEET RECAPITALIZATION TRANSPARENCY ACT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Polar Icebreaker Fleet
Recapitalization Transparency Act''.
SEC. 602. DEFINITIONS.
In this title:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
(2) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of the department in
which the Coast Guard is operating.
SEC. 603. AUTHORITY FOR POLAR ICEBREAKER ACQUISITION.
(a) Authority.--The Secretary is authorized to carry out design and
construction activities for the acquisition of new heavy polar
icebreakers.
(b) Authority for Advance Procurement.--The Secretary is authorized
to enter into one or more contracts for advance procurement associated
with the activities described in subsection (a), including procurement
of systems and equipment.
(c) Interagency Financing.--The Secretary is authorized to
participate in interagency financing, including receiving appropriated
funds from other agencies or departments of the United States, to carry
out this section.
(d) Authorization of Appropriations.--Of the amounts authorized to
be appropriated for fiscal year 2017 under section 2702(2) of title 14,
United States Code, $150,000,000 are authorized to be available to the
Secretary to carry out this section.
SEC. 604. POLAR ICEBREAKER RECAPITALIZATION PLAN.
(a) Requirement.--Not later than 120 days after the date of the
enactment of this Act, the Secretary, in consultation with the
Secretary of the Navy, shall submit to the appropriate committees of
Congress, a detailed recapitalization plan to meet the 2013 Department
of Homeland Security Mission Need Statement.
(b) Contents.--The plan required by subsection (a) shall--
(1) detail the number of heavy and medium polar icebreakers
required to meet Coast Guard statutory missions in the polar
regions;
(2) identify the vessel specifications, capabilities,
systems, equipment, and other details required for the design
of heavy polar icebreakers capable of fulfilling the mission
requirements of the Coast Guard and the Navy, and the
requirements of other agencies and department of the United
States, as the Secretary determines appropriate;
(3) list the specific appropriations required for the
acquisition of each icebreaker, for each fiscal year, until the
full fleet is recapitalized;
(4) describe the potential savings of serial acquisition
for new polar class icebreakers, including specific schedule
and acquisition requirements needed to realize such savings;
(5) describe any polar icebreaking capacity gaps that may
arise based on the current fleet and current procurement
outlook; and
(6) describe any additional polar icebreaking capability
gaps due to any further delay in procurement schedules.
SEC. 605. GAO REPORT ICEBREAKING CAPABILITY IN THE UNITED STATES.
(a) Requirement.--Not later than 6 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate committees of Congress a report on the
current state of the United States Federal polar icebreaking fleet.
(b) Contents.--The report required by subsection (a) shall
include--
(1) an analysis of the icebreaking assets in operation in
the United States and a description of the missions completed
by such assets;
(2) an analysis of how such assets and the capabilities of
such assets are consistent, or inconsistent, with the polar
icebreaking mission requirements described in the 2013
Department of Homeland Security Mission Need Statement, the
Naval Operations Concept 2010, or other military and civilian
governmental missions in the United States;
(3) an analysis of the gaps in icebreaking capability of
the United States based on the expected service life of the
fleet of United States icebreaking assets;
(4) a list of countries that are allies of the United
States that have the icebreaking capacity to exercise missions
in the Arctic during any identified gap in United States
icebreaking capacity in a polar region; and
(5) a description of the policy, financial, and other
barriers that have prevented timely recapitalization of the
Coast Guard polar icebreaking fleet and recommendations to
overcome such barriers, including potential international fee-
based models used to compensate governments for icebreaking
escorts or maintenance of maritime routes.
TITLE VII--VESSEL INCIDENTAL DISCHARGE ACT
SEC. 701. SHORT TITLE.
This title may be cited as the ``Vessel Incidental Discharge Act''.
SEC. 702. FINDINGS; PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Since the enactment of the Act to Prevent Pollution
from Ships (22 U.S.C. 1901 et seq.) in 1980, the United States
Coast Guard has been the principal Federal authority charged
with administering, enforcing, and prescribing regulations
relating to the discharge of pollutants from vessels engaged in
maritime commerce and transportation.
(2) The Coast Guard estimates there are approximately
12,000,000 State-registered recreational vessels, 75,000
commercial fishing vessels, and 33,000 freight and tank barges
operating in United States waters.
(3) From 1973 to 2005, certain discharges incidental to the
normal operation of a vessel were exempted by regulation from
otherwise applicable permitting requirements.
(4) During the 32 years during which this regulatory
exemption was in effect, Congress enacted several statutes to
deal with the regulation of discharges incidental to the normal
operation of a vessel, including--
(A) the Act to Prevent Pollution from Ships (33
U.S.C. 1901 et seq.) in 1980;
(B) the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4701 et seq.);
(C) the National Invasive Species Act of 1996 (110
Stat. 4073);
(D) section 415 of the Coast Guard Authorization
Act of 1998 (112 Stat. 3434) and section 623 of the
Coast Guard and Maritime Transportation Act of 2004 (33
U.S.C. 1901 note), which established interim and
permanent requirements, respectively, for the
regulation of vessel discharges of certain bulk cargo
residue;
(E) title XIV of division B of Appendix D of the
Consolidated Appropriations Act, 2001 (114 Stat. 2763),
which prohibited or limited certain vessel discharges
in certain areas of Alaska;
(F) section 204 of the Maritime Transportation
Security Act of 2002 (33 U.S.C. 1902a), which
established requirements for the regulation of vessel
discharges of agricultural cargo residue material in
the form of hold washings;
(G) title X of the Coast Guard Authorization Act of
2010 (33 U.S.C. 3801 et seq.), which provided for the
implementation of the International Convention on the
Control of Harmful Anti-Fouling Systems on Ships, 2001;
and
(H) the amendment made by section 2 of the Clean
Boating Act of 2008 adding subsection (r) to section
402 of the Federal Water Pollution Control Act (33
U.S.C. 1342(r)), which exempts recreational vessels
from National Pollutant Discharge Elimination System
permit requirements.
(b) Purpose.--The purpose of this title is to provide for the
establishment of nationally uniform and environmentally sound standards
and requirements for the management of discharges incidental to the
normal operation of a vessel.
SEC. 703. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Aquatic nuisance species.--The term ``aquatic nuisance
species'' means a nonindigenous species (including a pathogen)
that threatens the diversity or abundance of native species or
the ecological stability of navigable waters or commercial,
agricultural, aquacultural, or recreational activities
dependent on such waters.
(3) Ballast water.--
(A) In general.--The term ``ballast water'' means
any water and water-suspended matter taken aboard a
vessel--
(i) to control or maintain trim, list,
draught, stability, or stresses of the vessel;
or
(ii) during the cleaning, maintenance, or
other operation of a ballast water treatment
technology of the vessel.
(B) Exclusions.--The term ``ballast water'' does
not include any substance that is added to water
described in subparagraph (A) that is not directly
related to the operation of a properly functioning
ballast water treatment technology under this title.
(4) Ballast water discharge standard.--The term ``ballast
water discharge standard'' means the numerical ballast water
discharge standard set forth in section 151.2030 of title 33,
Code of Federal Regulations or section 151.1511 of title 33,
Code of Federal Regulations, as applicable, or a revised
numerical ballast water discharge standard established under
subsection (a)(1)(B), (b), or (c) of section 705.
(5) Ballast water management system; management system.--
The terms ``ballast water management system'' and ``management
system'' mean any system, including all ballast water treatment
equipment and associated control and monitoring equipment, used
to process ballast water to kill, remove, render harmless, or
avoid the uptake or discharge of organisms.
(6) Biocide.--The term ``biocide'' means a substance or
organism, including a virus or fungus, that is introduced into
or produced by a ballast water management system to reduce or
eliminate aquatic nuisance species as part of the process used
to comply with a ballast water discharge standard under this
title.
(7) Discharge incidental to the normal operation of a
vessel.--
(A) In general.--The term ``discharge incidental to
the normal operation of a vessel'' means--
(i) a discharge into navigable waters from
a vessel of--
(I)(aa) ballast water, graywater,
bilge water, cooling water, oil water
separator effluent, anti-fouling hull
coating leachate, boiler or economizer
blowdown, byproducts from cathodic
protection, controllable pitch
propeller and thruster hydraulic fluid,
distillation and reverse osmosis brine,
elevator pit effluent, firemain system
effluent, freshwater layup effluent,
gas turbine wash water, motor gasoline
and compensating effluent,
refrigeration and air condensate
effluent, seawater pumping biofouling
prevention substances, boat engine wet
exhaust, sonar dome effluent, exhaust
gas scrubber washwater, or stern tube
packing gland effluent; or
(bb) any other pollutant associated
with the operation of a marine
propulsion system, shipboard
maneuvering system, habitability
system, or installed major equipment,
or from a protective, preservative, or
absorptive application to the hull of a
vessel;
(II) weather deck runoff, deck
wash, aqueous film forming foam
effluent, chain locker effluent, non-
oily machinery wastewater, underwater
ship husbandry effluent, welldeck
effluent, or fish hold and fish hold
cleaning effluent; or
(III) any effluent from a properly
functioning marine engine; or
(ii) a discharge of a pollutant into
navigable waters in connection with the
testing, maintenance, or repair of a system,
equipment, or engine described in subclause
(I)(bb) or (III) of clause (i) whenever the
vessel is waterborne.
(B) Exclusions.--The term ``discharge incidental to
the normal operation of a vessel'' does not include--
(i) a discharge into navigable waters from
a vessel of--
(I) rubbish, trash, garbage,
incinerator ash, or other such material
discharged overboard;
(II) oil or a hazardous substance
as those terms are defined in section
311 of the Federal Water Pollution
Control Act (33 U.S.C. 1321);
(III) sewage as defined in section
312(a)(6) of the Federal Water
Pollution Control Act (33 U.S.C.
1322(a)(6)); or
(IV) graywater referred to in
section 312(a)(6) of the Federal Water
Pollution Control Act (33 U.S.C.
1322(a)(6));
(ii) an emission of an air pollutant
resulting from the operation onboard a vessel
of a vessel propulsion system, motor driven
equipment, or incinerator; or
(iii) a discharge into navigable waters
from a vessel when the vessel is operating in a
capacity other than as a means of
transportation on water.
(8) Geographically limited area.--The term ``geographically
limited area'' means an area--
(A) with a physical limitation, including
limitation by physical size and limitation by
authorized route such as the Great Lakes and St.
Lawrence River, that prevents a vessel from operating
outside the area, as determined by the Secretary; or
(B) that is ecologically homogeneous, as determined
by the Secretary, in consultation with the heads of
other Federal departments or agencies as the Secretary
considers appropriate.
(9) Manufacturer.--The term ``manufacturer'' means a person
engaged in the manufacture, assemblage, or importation of
ballast water treatment technology.
(10) Navigable waters.--The term ``navigable waters'' has
the meaning given the term in section 2.36 of title 33, Code of
Federal Regulations, as in effect on the date of the enactment
of this Act.
(11) Secretary.--The term ``Secretary'' means the Secretary
of the department in which the Coast Guard is operating.
(12) Vessel.--The term ``vessel'' means every description
of watercraft or other artificial contrivance used, or
practically or otherwise capable of being used, as a means of
transportation on water.
SEC. 704. REGULATION AND ENFORCEMENT.
(a) In General.--
(1) Establishment.--The Secretary, in consultation with the
Administrator, shall establish, implement, and enforce uniform
national standards and requirements for the regulation of
discharges incidental to the normal operation of a vessel.
(2) Basis.--Except as provided under paragraph (3), the
standards and requirements established under paragraph (1)--
(A) with respect to ballast water, shall be based
upon the best available technology that is economically
achievable;
(B) with respect to discharges incidental to the
normal operation of a vessel other than ballast water,
shall be based on best management practices (including
practices, limitations, or concentrations); and
(C) shall supersede any permitting requirement or
prohibition on discharges incidental to the normal
operation of a vessel under any other provision of law.
(3) Rule of construction.--The standards and requirements
established under paragraph (1) shall not supersede
regulations, in place on the date of the enactment of this Act
or established by a rulemaking proceeding after such date of
enactment, which cover a discharge in a national marine
sanctuary or in a marine national monument.
(b) Administration and Enforcement.--The Secretary shall administer
and enforce the uniform national standards and requirements under this
title. Each State may enforce the uniform national standards and
requirements under this title.
(c) Sanctions.--
(1) Civil penalties.--
(A) Ballast water.--Any person who violates a
regulation issued pursuant to this title regarding a
discharge incidental to the normal operation of a
vessel of ballast water shall be liable for a civil
penalty in an amount not to exceed $25,000. Each day of
a continuing violation constitutes a separate
violation.
(B) Other discharge.--Any person who violates a
regulation issued pursuant to this title regarding a
discharge incidental to the normal operation of a
vessel other than ballast water shall be liable for a
civil penalty in an amount not to exceed $10,000. Each
day of a continuing violation constitutes a separate
violation.
(C) In rem liability.--A vessel operated in
violation of a regulation issued under this title shall
be liable in rem for any civil penalty assessed under
this subsection for that violation.
(2) Criminal penalties.--
(A) Ballast water.--Any person who knowingly
violates a regulation issued pursuant to this title
regarding a discharge incidental to the normal
operation of a vessel of ballast water shall be
punished by a fine of not more than $100,000,
imprisonment for not more than 2 years, or both.
(B) Other discharge.--Any person who knowingly
violates a regulation issued pursuant to this title
regarding a discharge incidental to the normal
operation of a vessel other than ballast water shall be
punished by a fine of not more than $50,000,
imprisonment for not more than 1 year, or both.
(3) Revocation of clearance.--The Secretary is authorized
to withhold or revoke the clearance of a vessel required under
section 60105 of title 46, United States Code, if the owner or
operator of the vessel is in violation of a regulation issued
pursuant to this Act.
(4) Exception to sanctions.--It shall be an affirmative
defense to any charge of a violation of this title that
compliance with this title would, because of adverse weather,
equipment failure, or any other relevant condition, have
threatened the safety or stability of a vessel, its crew, or
its passengers.
SEC. 705. UNIFORM NATIONAL STANDARDS AND REQUIREMENTS FOR THE
REGULATION OF DISCHARGES INCIDENTAL TO THE NORMAL
OPERATION OF A VESSEL.
(a) Requirements.--
(1) Ballast water management requirements.--
(A) In general.--Notwithstanding any other
provision of law, the requirements set forth in the
final rule, Standards for Living Organisms in Ships'
Ballast Water Discharged in U.S. Waters (77 Fed. Reg.
17254 (March 23, 2012), as corrected at 77 Fed. Reg.
33969 (June 8, 2012)), shall be the management
requirements for a ballast water discharge incidental
to the normal operation of a vessel until the Secretary
revises the ballast water discharge standard under
subsection (b) or adopts a more stringent standard
under subparagraph (B).
(B) Adoption of more stringent standard.--If the
Secretary makes a determination in favor of a State
petition under section 610, the Secretary shall adopt
the more stringent ballast water discharge standard
specified in the statute or regulation that is the
subject of that State petition instead of the ballast
water discharge standard in the final rule described
under subparagraph (A).
(2) Initial management requirements for discharges other
than ballast water.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in consultation with the
Administrator, shall issue a final rule establishing best
management practices for discharges incidental to the normal
operation of a vessel other than ballast water.
(b) Revised Ballast Water Discharge Standard; 8-Year Review.--
(1) In general.--Subject to the feasibility review under
paragraph (2), not later than January 1, 2024, the Secretary,
in consultation with the Administrator, shall issue a final
rule revising the ballast water discharge standard under
subsection (a)(1) so that a ballast water discharge incidental
to the normal operation of a vessel will contain--
(A) less than 1 organism that is living or has not
been rendered harmless per 10 cubic meters that is 50
or more micrometers in minimum dimension;
(B) less than 1 organism that is living or has not
been rendered harmless per 10 milliliters that is less
than 50 micrometers in minimum dimension and more than
10 micrometers in minimum dimension;
(C) concentrations of indicator microbes that are
less than--
(i) 1 colony-forming unit of toxicogenic
Vibrio cholera (serotypes O1 and O139) per 100
milliliters or less than 1 colony-forming unit
of that microbe per gram of wet weight of
zoological samples;
(ii) 126 colony-forming units of
Escherichia coli per 100 milliliters; and
(iii) 33 colony-forming units of intestinal
enterococci per 100 milliliters; and
(D) concentrations of such additional indicator
microbes and of viruses as may be specified in
regulations issued by the Secretary in consultation
with the Administrator and such other Federal agencies
as the Secretary and the Administrator consider
appropriate.
(2) Feasibility review.--
(A) In general.--Not less than 2 years before
January 1, 2024, the Secretary, in consultation with
the Administrator, shall complete a review to determine
the feasibility of achieving the revised ballast water
discharge standard under paragraph (1).
(B) Criteria for review of ballast water discharge
standard.--In conducting a review under subparagraph
(A), the Secretary shall consider whether revising the
ballast water discharge standard will result in a
scientifically demonstrable and substantial reduction
in the risk of introduction or establishment of aquatic
nuisance species, taking into account--
(i) improvements in the scientific
understanding of biological and ecological
processes that lead to the introduction or
establishment of aquatic nuisance species;
(ii) improvements in ballast water
management systems, including--
(I) the capability of such
management systems to achieve a revised
ballast water discharge standard;
(II) the effectiveness and
reliability of such management systems
in the shipboard environment;
(III) the compatibility of such
management systems with the design and
operation of a vessel by class, type,
and size;
(IV) the commercial availability of
such management systems; and
(V) the safety of such management
systems;
(iii) improvements in the capabilities to
detect, quantify, and assess the viability of
aquatic nuisance species at the concentrations
under consideration;
(iv) the impact of ballast water management
systems on water quality; and
(v) the costs, cost-effectiveness, and
impacts of--
(I) a revised ballast water
discharge standard, including the
potential impacts on shipping, trade,
and other uses of the aquatic
environment; and
(II) maintaining the existing
ballast water discharge standard,
including the potential impacts on
water-related infrastructure,
recreation, propagation of native fish,
shellfish, and wildlife, and other uses
of navigable waters.
(C) Lower revised discharge standard.--
(i) In general.--If the Secretary, in
consultation with the Administrator, determines
on the basis of the feasibility review and
after an opportunity for a public hearing that
no ballast water management system can be
certified under section 706 to comply with the
revised ballast water discharge standard under
paragraph (1), the Secretary shall require the
use of the management system that achieves the
performance levels of the best available
technology that is economically achievable.
(ii) Implementation deadline.--If the
Secretary, in consultation with the
Administrator, determines that the management
system under clause (i) cannot be implemented
before the implementation deadline under
paragraph (3) with respect to a class of
vessels, the Secretary shall extend the
implementation deadline for that class of
vessels for not more than 36 months.
(iii) Compliance.--If the implementation
deadline under paragraph (3) is extended, the
Secretary shall recommend action to ensure
compliance with the extended implementation
deadline under clause (ii).
(D) Higher revised discharge standard.--
(i) In general.--If the Secretary, in
consultation with the Administrator, determines
that a ballast water management system exists
that exceeds the revised ballast water
discharge standard under paragraph (1) with
respect to a class of vessels and is the best
available technology that is economically
achievable, the Secretary shall revise the
ballast water discharge standard for that class
of vessels to incorporate the higher discharge
standard.
(ii) Implementation deadline.--If the
Secretary, in consultation with the
Administrator, determines that the management
system under clause (i) can be implemented
before the implementation deadline under
paragraph (3) with respect to a class of
vessels, the Secretary shall accelerate the
implementation deadline for that class of
vessels. If the implementation deadline under
paragraph (3) is accelerated, the Secretary
shall provide not less than 24 months notice
before the accelerated deadline takes effect.
(3) Implementation deadline.--The revised ballast water
discharge standard under paragraph (1) shall apply to a vessel
beginning on the date of the first drydocking of the vessel on
or after January 1, 2024, but not later than December 31, 2026.
(4) Revised discharge standard compliance deadlines.--
(A) In general.--The Secretary may establish a
compliance deadline for compliance by a vessel (or a
class, type, or size of vessel) with a revised ballast
water discharge standard under this subsection.
(B) Process for granting extensions.--In issuing
regulations under this subsection, the Secretary shall
establish a process for an owner or operator to submit
a petition to the Secretary for an extension of a
compliance deadline with respect to the vessel of the
owner or operator.
(C) Period of extensions.--An extension issued
under subparagraph (B) may be for a period of not to
exceed 18 months from the date of the applicable
deadline under subparagraph (A) and may be renewed for
additional periods of not to exceed 18 months each,
except that the total period of extension may not
exceed 5 years.
(D) Factors.--In issuing a compliance deadline or
reviewing a petition under this paragraph, the
Secretary shall consider, with respect to the ability
of an owner or operator to meet a compliance deadline,
the following factors:
(i) Whether the management system to be
installed is available in sufficient quantities
to meet the compliance deadline.
(ii) Whether there is sufficient shipyard
or other installation facility capacity.
(iii) Whether there is sufficient
availability of engineering and design
resources.
(iv) Vessel characteristics, such as engine
room size, layout, or a lack of installed
piping.
(v) Electric power generating capacity
aboard the vessel.
(vi) Safety of the vessel and crew.
(vii) Any other factors the Secretary
considers appropriate, including the
availability of a ballast water reception
facility or other means of managing ballast
water.
(E) Consideration of petitions.--
(i) Determinations.--The Secretary shall
approve or deny a petition for an extension of
a compliance deadline submitted by an owner or
operator under this paragraph.
(ii) Deadline.--If the Secretary does not
approve or deny a petition referred to in
clause (i) on or before the last day of the 90-
day period beginning on the date of submission
of the petition, the petition shall be deemed
approved.
(c) Future Revisions of Vessel Incidental Discharge Standards;
Decennial Reviews.--
(1) Revised ballast water discharge standards.--The
Secretary, in consultation with the Administrator, shall
complete a review, 10 years after the issuance of a final rule
under subsection (b) and every 10 years thereafter, to
determine whether further revision of the ballast water
discharge standard would result in a scientifically
demonstrable and substantial reduction in the risk of the
introduction or establishment of aquatic nuisance species.
(2) Revised standards for discharges other than ballast
water.--The Secretary, in consultation with the Administrator,
may include in a decennial review under this subsection best
management practices for discharges (including practices,
limitations, or concentrations) covered by subsection (a)(2).
The Secretary shall initiate a rulemaking to revise 1 or more
best management practices for such discharges after a decennial
review if the Secretary, in consultation with the
Administrator, determines that revising 1 or more of such
practices would substantially reduce the impacts on navigable
waters of discharges incidental to the normal operation of a
vessel other than ballast water.
(3) Considerations.--In conducting a review under paragraph
(1), the Secretary, the Administrator, and the heads of other
Federal agencies as the Secretary considers appropriate, shall
consider the criteria under section 705(b)(2)(B).
(4) Revision after decennial review.--The Secretary shall
initiate a rulemaking to revise the current ballast water
discharge standard after a decennial review if the Secretary,
in consultation with the Administrator, determines that
revising the current ballast water discharge standard would
result in a scientifically demonstrable and substantial
reduction in the risk of the introduction or establishment of
aquatic nuisance species.
(d) Alternative Ballast Water Management Requirements.--Nothing in
this title may be construed to preclude the Secretary from authorizing
the use of alternate means or methods of managing ballast water
(including flow-through exchange, empty/refill exchange, and transfer
to treatment facilities in place of a vessel ballast water management
system required under this section) if the Secretary, in consultation
with the Administrator, determines that such means or methods would not
pose a greater risk of introduction of aquatic nuisance species in
navigable waters than the use of a ballast water management system that
achieves the applicable ballast water discharge standard.
(e) Great Lakes Requirements.--In addition to the other standards
and requirements imposed by this section, in the case of a vessel that
enters the Great Lakes through the St. Lawrence River after operating
outside the exclusive economic zone of the United States the Secretary,
in consultation with the Administrator, shall establish a requirement
that the vessel conduct saltwater flushing of all ballast water tanks
onboard prior to entry.
SEC. 706. TREATMENT TECHNOLOGY CERTIFICATION.
(a) Certification Required.--No manufacturer of a ballast water
management system shall sell, offer for sale, or introduce or deliver
for introduction into interstate commerce, or import into the United
States for sale or resale, a ballast water management system for a
vessel unless it has been certified under this section.
(b) Certification Process.--
(1) Evaluation.--Upon application of a manufacturer, the
Secretary shall evaluate a ballast water management system with
respect to--
(A) the effectiveness of the management system in
achieving the current ballast water discharge standard
when installed on a vessel (or a class, type, or size
of vessel);
(B) the compatibility with vessel design and
operations;
(C) the effect of the management system on vessel
safety;
(D) the impact on the environment;
(E) the cost effectiveness; and
(F) any other criteria the Secretary considers
appropriate.
(2) Approval.--If after an evaluation under paragraph (1)
the Secretary determines that the management system meets the
criteria, the Secretary may certify the management system for
use on a vessel (or a class, type, or size of vessel).
(3) Suspension and revocation.--The Secretary shall
establish, by regulation, a process to suspend or revoke a
certification issued under this section.
(c) Certification Conditions.--
(1) Imposition of conditions.--In certifying a ballast
water management system under this section, the Secretary, in
consultation with the Administrator, may impose any condition
on the subsequent installation, use, or maintenance of the
management system onboard a vessel as is necessary for--
(A) the safety of the vessel, the crew of the
vessel, and any passengers aboard the vessel;
(B) the protection of the environment; or
(C) the effective operation of the management
system.
(2) Failure to comply.--The failure of an owner or operator
to comply with a condition imposed under paragraph (1) shall be
considered a violation of this section.
(d) Period for Use of Installed Treatment Equipment.--
Notwithstanding anything to the contrary in this title or any other
provision of law, the Secretary shall allow a vessel on which a
management system is installed and operated to meet a ballast water
discharge standard under this title to continue to use that system,
notwithstanding any revision of a ballast water discharge standard
occurring after the management system is ordered or installed until the
expiration of the service life of the management system, as determined
by the Secretary, if the management system--
(1) is maintained in proper working condition, as
determined by the Secretary; and
(2) continues to meet the discharge standard in effect at
the time of installation.
(e) Certificates of Type Approval for the Treatment Technology.--
(1) Issuance.--If the Secretary approves a ballast water
management system for certification under subsection (b), the
Secretary shall issue a certificate of type approval for the
management system to the manufacturer in such form and manner
as the Secretary determines appropriate.
(2) Certification conditions.--A certificate of type
approval issued under paragraph (1) shall specify each
condition imposed by the Secretary under subsection (c).
(3) Owners and operators.--A manufacturer that receives a
certificate of type approval for the management system under
this subsection shall provide a copy of the certificate to each
owner and operator of a vessel on which the management system
is installed.
(f) Inspections.--An owner or operator who receives a copy of a
certificate under subsection (e)(3) shall retain a copy of the
certificate onboard the vessel and make the copy of the certificate
available for inspection at all times while the owner or operator is
utilizing the management system.
(g) Biocides.--The Secretary may not approve a ballast water
management system under subsection (b) if--
(1) it uses a biocide or generates a biocide that is a
pesticide, as defined in section 2 of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136), unless the
biocide is registered under that Act or the Secretary, in
consultation with Administrator, has approved the use of the
biocide in such management system; or
(2) it uses or generates a biocide the discharge of which
causes or contributes to a violation of a water quality
standard under section 303 of the Federal Water Pollution
Control Act (33 U.S.C. 1313).
(h) Prohibition.--
(1) In general.--Except as provided in paragraph (2), the
use of a ballast water management system by an owner or
operator of a vessel shall not satisfy the requirements of this
title unless it has been approved by the Secretary under
subsection (b).
(2) Exceptions.--
(A) Coast guard shipboard technology evaluation
program.--An owner or operator may use a ballast water
management system that has not been certified by the
Secretary to comply with the requirements of this
section if the technology is being evaluated under the
Coast Guard Shipboard Technology Evaluation Program.
(B) Ballast water management systems certified by
foreign entities.--An owner or operator may use a
ballast water management system that has not been
certified by the Secretary to comply with the
requirements of this section if the management system
has been certified by a foreign entity and the
certification demonstrates performance and safety of
the management system equivalent to the requirements of
this section, as determined by the Secretary.
(i) Testing Protocols.--Not later than 180 days after the date of
the enactment of this Act, the Secretary, in consultation with the
Administrator, shall issue requirements for land-based and shipboard
testing protocols or criteria for--
(1) certifying the performance of each ballast water
management system under this section; and
(2) certifying laboratories to evaluate such treatment
technologies.
SEC. 707. EXEMPTIONS.
(a) Incidental Discharges.--Except in a National Marine Sanctuary
or a Marine National Monument, no permit shall be required or
prohibition enforced under any other provision of law for, nor shall
any standards regarding a discharge incidental to the normal operation
of a vessel under this title apply to--
(1) a discharge incidental to the normal operation of a
vessel if the vessel is less than 79 feet in length and engaged
in commercial service (as such terms are defined in section
2101(5) of title 46, United States Code); or
(2) a discharge incidental to the normal operation of a
vessel if the vessel is a fishing vessel, including a fish
processing vessel and a fish tender vessel, (as defined in
section 2101 of title 46, United States Code).
(b) Discharges Into Navigable Waters.--No permit shall be required
or prohibition enforced under any other provision of law for, nor shall
any standards regarding a discharge incidental to the normal operation
of a vessel under this title apply to--
(1) any discharge into navigable waters from a vessel
authorized by an on-scene coordinator in accordance with part
300 of title 40, Code of Federal Regulations, or part 153 of
title 33, Code of Federal Regulations;
(2) any discharge into navigable waters from a vessel that
is necessary to secure the safety of the vessel or human life,
or to suppress a fire onboard the vessel or at a shoreside
facility; or
(3) a vessel of the armed forces of a foreign nation when
engaged in noncommercial service.
(c) Recreational Vessel Discharges.--No permit shall be required,
nor shall any standards be established, regarding a discharge
incidental to the normal operation of a recreational vessel (as defined
in section 2101(25) of title 46, United States Code) under this title.
(d) Ballast Water Discharges.--No permit shall be required or
prohibition enforced under any other provision of law for, nor shall
any ballast water discharge standard under this title apply to--
(1) a ballast water discharge incidental to the normal
operation of a vessel determined by the Secretary to--
(A) operate exclusively within a geographically
limited area;
(B) take up and discharge ballast water exclusively
within 1 Captain of the Port Zone established by the
Coast Guard unless the Secretary determines such
discharge poses a substantial risk of introduction or
establishment of an aquatic nuisance species;
(C) operate pursuant to a geographic restriction
issued as a condition under section 3309 of title 46,
United States Code, or an equivalent restriction issued
by the country of registration of the vessel; or
(D) continuously take on and discharge ballast
water in a flow-through system that does not introduce
aquatic nuisance species into navigable waters;
(2) a ballast water discharge incidental to the normal
operation of a vessel consisting entirely of water sourced from
a United States public water system that meets the requirements
under the Safe Drinking Water Act (42 U.S.C. 300f et seq.) or
from a foreign public water system determined by the
Administrator to be suitable for human consumption; or
(3) a ballast water discharge incidental to the normal
operation of a vessel in an alternative compliance program
established pursuant to section 708.
(e) Vessels With Permanent Ballast Water.--No permit shall be
required or prohibition enforced regarding a ballast water discharge
incidental to the normal operation of a vessel under any other
provision of law for, nor shall any ballast water discharge standard
under this title apply to, a vessel that carries all of its permanent
ballast water in sealed tanks that are not subject to discharge.
(f) Vessels of the Armed Forces.--Nothing in this title may be
construed to apply to--
(1) a vessel owned or operated by the Department of Defense
(other than a time-chartered or voyage-chartered vessel); or
(2) a vessel of the Coast Guard, as designated by the
Secretary of the department in which the Coast Guard is
operating.
SEC. 708. ALTERNATIVE COMPLIANCE PROGRAM.
(a) In General.--The Secretary, in consultation with the
Administrator, may promulgate regulations establishing 1 or more
compliance programs as an alternative to ballast water management
regulations issued under section 705 for a vessel that--
(1) has a maximum ballast water capacity of less than 8
cubic meters; or
(2) is less than 3 years from the end of the useful life of
the vessel, as determined by the Secretary.
(b) Rulemaking.--
(1) Facility standards.--Not later than 1 year after the
date of the enactment of this Act, the Administrator, in
consultation with the Secretary, shall promulgate standards
for--
(A) the reception of ballast water from a vessel
into a reception facility; and
(B) the disposal or treatment of the ballast water
under paragraph (1).
(2) Transfer standards.--The Secretary, in consultation
with the Administrator, is authorized to promulgate standards
for the arrangements necessary on a vessel to transfer ballast
water to a facility.
SEC. 709. JUDICIAL REVIEW.
(a) In General.--An interested person may file a petition for
review of a final regulation promulgated under this title in the United
States Court of Appeals for the District of Columbia Circuit.
(b) Deadline.--A petition shall be filed not later than 120 days
after the date that notice of the promulgation appears in the Federal
Register.
(c) Exception.--Notwithstanding subsection (b), a petition that is
based solely on grounds that arise after the deadline to file a
petition under subsection (b) has passed may be filed not later than
120 days after the date that the grounds first arise.
SEC. 710. EFFECT ON STATE AUTHORITY.
(a) In General.--No State or political subdivision thereof may
adopt or enforce any statute or regulation of the State or political
subdivision with respect to a discharge incidental to the normal
operation of a vessel after the date of enactment of this Act.
(b) Savings Clause.--Notwithstanding subsection (a), the Governor
of a State may petition the Secretary to adopt a national ballast water
discharge standard that is more stringent than the ballast water
performance standard under section 705(a)(1)(A) upon a showing that--
(1) compliance with the proposed ballast water discharge
standard can in fact be achieved and detected by a ballast
water management system that is economically achievable and
operationally practicable;
(2) the proposed ballast water discharge standard is
consistent with obligations under relevant international
treaties or agreements to which the United States is a party;
and
(3) any other factors that the Secretary, in consultation
with the Administrator, deems relevant.
(c) Petition Process.--
(1) Submission.--The Governor of a State shall submit a
petition to the Secretary requesting the Secretary to review
the statute or regulation.
(2) Contents; timing.--A petition submitted under paragraph
(1) shall be accompanied by the scientific and technical
information on which the petition is based.
(3) Determinations.--The Secretary shall make a
determination on a petition under this subsection not later
than 90 days after the date that the Secretary determines that
a complete petition has been received.
SEC. 711. APPLICATION WITH OTHER STATUTES.
(a) Exclusive Statutory Authority.--Except as otherwise provided in
this section and notwithstanding any other provision of law, this title
shall be the exclusive statutory authority for regulation by the
Federal Government of discharges incidental to the normal operation of
a vessel to which this title applies.
(b) Effect of Existing Regulations.--Except as provided under
section 705(a)(1)(A), any regulation in effect on the date immediately
preceding the effective date of this Act relating to any permitting
requirement for or prohibition on discharges incidental to the normal
operation of a vessel to which this title applies--
(1) shall be deemed to be a regulation issued pursuant to
the authority of this title; and
(2) shall remain in full force and effect unless or until
superseded by new regulations issued under this title.
(c) Act to Prevent Pollution From Ships.--The Act to Prevent
Pollution from Ships (33 U.S.C. 1901 et seq.) shall be the exclusive
statutory authority for the regulation by the Federal Government of any
discharge or emission that is covered under the International
Convention for the Prevention of Pollution from Ships, 1973, as
modified by the Protocol of 1978, done at London February 17, 1978.
Nothing in this title may be construed to alter or amend such Act or
any regulation issued pursuant to the authority of such Act.
(d) Title X of the Coast Guard and Maritime Transportation Act of
2010.--Title X of the Coast Guard and Maritime Transportation Act of
2010 (33 U.S.C. 3801 et seq.) shall be the exclusive statutory
authority for the regulation by the Federal Government of any anti-
fouling system that is covered under the International Convention on
the Control of Harmful Anti-Fouling Systems on Ships, 2001. Nothing in
this title may be construed to alter or amend such title X or any
regulation issued pursuant to the authority under such title.
SEC. 712. RELATIONSHIP TO OTHER LAWS.
Section 1205 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4725) is amended--
(1) by striking ``All actions'' and inserting the
following:
``(a) In General.--Except as provided in subsection (b), all
actions''; and
(2) by adding at the end the following:
``(b) Vessel Incidental Discharges.--Notwithstanding subsection
(a), the Vessel Incidental Discharge Act shall be the exclusive
statutory authority for the regulation by the Federal Government of
discharges incidental to the normal operation of a vessel.''.
SEC. 713. SAVINGS PROVISION.
Any action taken by the Federal Government under this Act shall be
in full compliance with its obligations under applicable provisions of
international law.
TITLE VIII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION SEXUAL
HARASSMENT AND ASSAULT PREVENTION ACT
SEC. 801. SHORT TITLE.
This title may be cited as the ``National Oceanic and Atmospheric
Administration Sexual Harassment and Assault Prevention Act''.
Subtitle A--Sexual Harassment and Assault Prevention at the National
Oceanic and Atmospheric Administration
SEC. 811. ACTIONS TO ADDRESS SEXUAL HARASSMENT AT NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION.
(a) Required Policy.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Commerce shall, acting through
the Under Secretary for Oceans and Atmosphere, develop a policy on the
prevention of and response to sexual harassment involving employees of
the National Oceanic and Atmospheric Administration, members of the
commissioned officer corps of the Administration, and individuals who
work with or conduct business on behalf of the Administration.
(b) Matters to Be Specified in Policy.--The policy developed under
subsection (a) shall include--
(1) establishment of a program to promote awareness of the
incidence of sexual harassment;
(2) clear procedures an individual should follow in the
case of an occurrence of sexual harassment, including--
(A) a specification of the person or persons to
whom an alleged occurrence of sexual harassment should
be reported by an individual and options for
confidential reporting, including--
(i) options and contact information for
after-hours contact; and
(ii) procedure for obtaining assistance and
reporting sexual harassment while working in a
remote scientific field camp, at sea, or in
another field status; and
(B) a specification of any other person whom the
victim should contact;
(3) establishment of a mechanism by which--
(A) questions regarding sexual harassment can be
confidentially asked and confidentially answered; and
(B) incidents of sexual harassment can be
confidentially reported; and
(4) a prohibition on retaliation and consequences for
retaliatory actions.
(c) Consultation and Assistance.--In developing the policy required
by subsection (a), the Secretary may consult or receive assistance from
such State, local, and national organizations and subject matter
experts as the Secretary considers appropriate.
(d) Availability of Policy.--The Secretary shall ensure that the
policy developed under subsection (a) is available to--
(1) all employees of the Administration and members of the
commissioned officer corps of the Administration, including
those employees and members who conduct field work for the
Administration; and
(2) the public.
(e) Geographic Distribution of Equal Employment Opportunity
Personnel.--The Secretary shall ensure that at least 1 employee of the
Administration who is tasked with handling matters relating to equal
employment opportunity or sexual harassment is stationed--
(1) in each region in which the Administration conducts
operations; and
(2) in each marine and aviation center of the
Administration.
(f) Quarterly Reports.--
(1) In general.--Not less frequently than 4 times each
year, the Director of the Civil Rights Office of the
Administration shall submit to the Under Secretary a report on
sexual harassment in the Administration.
(2) Contents.--Each report submitted under paragraph (1)
shall include the following:
(A) Number of sexual harassment cases, both
actionable and non-actionable, involving individuals
covered by the policy developed under subsection (a).
(B) Number of open actionable sexual harassment
cases and how long the cases have been open.
(C) Such trends or region specific issues as the
Director may have discovered with respect to sexual
harassment in the Administration.
(D) Such recommendations as the Director may have
with respect to sexual harassment in the
Administration.
SEC. 812. ACTIONS TO ADDRESS SEXUAL ASSAULT AT NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION.
(a) Comprehensive Policy on Prevention and Response to Sexual
Assaults.--Not later than 1 year after the date of the enactment of
this Act, the Secretary of Commerce shall, acting through the Under
Secretary for Oceans and Atmosphere, develop a comprehensive policy on
the prevention of and response to sexual assaults involving employees
of the National Oceanic and Atmospheric Administration, members of the
commissioned officer corps of the Administration, and individuals who
work with or conduct business on behalf of the Administration.
(b) Elements of Comprehensive Policy.--The comprehensive policy
developed under subsection (a) shall, at minimum, address the following
matters:
(1) Prevention measures.
(2) Education and training on prevention and response.
(3) A list of support resources an individual may use in
the occurrence of sexual assault, including--
(A) options and contact information for after-hours
contact; and
(B) procedure for obtaining assistance and
reporting sexual assault while working in a remote
scientific field camp, at sea, or in another field
status.
(4) Easy and ready availability of information described in
paragraph (3).
(5) Establishing a mechanism by which--
(A) questions regarding sexual assault can be
confidentially asked and confidentially answered; and
(B) incidents of sexual assault can be
confidentially reported.
(6) Protocols for the investigation of complaints by
command and law enforcement personnel.
(7) Prohibiting retaliation and consequences for
retaliatory actions against someone who reports a sexual
assault.
(8) Oversight by the Under Secretary of administrative and
disciplinary actions in response to substantial incidents of
sexual assault.
(9) Victim advocacy, including establishment of and the
responsibilities and training requirements for victim advocates
as described in subsection (c).
(10) Availability of resources for victims of sexual
assault within other Federal agencies and State, local, and
national organizations.
(c) Victim Advocacy.--
(1) In general.--The Secretary, acting through the Under
Secretary, shall establish victim advocates to advocate for
victims of sexual assaults involving employees of the
Administration, members of the commissioned officer corps of
the Administration, and individuals who work with or conduct
business on behalf of the Administration.
(2) Victim advocates.--For purposes of this subsection, a
victim advocate is a permanent employee of the Administration
who--
(A) is trained in matters relating to sexual
assault and the comprehensive policy developed under
subsection (a); and
(B) serves as a victim advocate voluntarily and in
addition to the employee's other duties as an employee
of the Administration.
(3) Primary duties.--The primary duties of a victim
advocate established under paragraph (1) shall include the
following:
(A) Supporting victims of sexual assault and
informing them of their rights and the resources
available to them as victims.
(B) Acting as a companion in navigating
investigative, medical, mental and emotional health,
and recovery processes relating to sexual assault.
(C) Helping to identify resources to ensure the
safety of victims of sexual assault.
(4) Location.--The Secretary shall ensure that at least 1
victim advocate established under paragraph (1) is stationed--
(A) in each region in which the Administration
conducts operations; and
(B) in each marine and aviation center of the
Administration.
(5) Hotline.--
(A) In general.--In carrying out this subsection,
the Secretary shall establish a telephone number at
which a victim of a sexual assault can contact a victim
advocate.
(B) 24-hour access.--The Secretary shall ensure
that the telephone number established under
subparagraph (A) is monitored at all times.
(6) Formal relationships with other entities.--The
Secretary may enter into formal relationships with other
entities to make available additional victim advocates.
(d) Availability of Policy.--The Secretary shall ensure that the
policy developed under subsection (a) is available to--
(1) all employees of the Administration and members of the
commissioned officer corps of the Administration, including
those employees and members who conduct field work for the
Administration; and
(2) the public.
(e) Consultation and Assistance.--In developing the policy required
by subsection (a), the Secretary may consult or receive assistance from
such State, local, and national organizations and subject matter
experts as the Secretary considers appropriate.
SEC. 813. RIGHTS OF THE VICTIM OF A SEXUAL ASSAULT.
A victim of a sexual assault covered by the comprehensive policy
developed under section 812(a) has the right to be reasonably protected
from the accused.
SEC. 814. CHANGE OF STATION.
(a) Change of Station, Unit Transfer, or Change of Work Location of
Victims.--
(1) Timely consideration and action upon request.--The
Secretary of Commerce, acting through the Under Secretary for
Oceans and Atmosphere, shall--
(A) in the case of a member of the commissioned
officer corps of the National Oceanic and Atmospheric
Administration who was a victim of a sexual assault, in
order to reduce the possibility of retaliation or
further sexual assault, provide for timely
determination and action on an application submitted by
the victim for consideration of a change of station or
unit transfer of the victim; and
(B) in the case of an employee of the
Administration who was a victim of a sexual assault, to
the degree practicable and in order to reduce the
possibility of retaliation against the employee for
reporting the sexual assault, accommodate a request for
a change of work location of the victim.
(2) Procedures.--
(A) Period for approval and disapproval.--The
Secretary, acting through the Under Secretary, shall
ensure that an application or request submitted under
paragraph (1) for a change of station, unit transfer,
or change of work location is approved or denied within
72 hours of the submission of the application or
request.
(B) Review.--If an application or request submitted
under paragraph (1) by a victim of a sexual assault for
a change of station, unit transfer, or change of work
location of the victim is denied--
(i) the victim may request the Secretary
review the denial; and
(ii) the Secretary, acting through the
Under Secretary, shall, not later than 72 hours
after receiving such request, affirm or
overturn the denial.
(b) Change of Station, Unit Transfer, and Change of Work Location
of Alleged Perpetrators.--
(1) In general.--The Secretary, acting through the Under
Secretary, shall develop a policy for the protection of victims
of sexual assault described in subsection (a)(1) by providing
the alleged perpetrator of the sexual assault with a change of
station, unit transfer, or change of work location, as the case
may be, if the alleged perpetrator is a member of the
commissioned officer corps of the Administration or an employee
of the Administration.
(2) Policy requirements.--The policy required by paragraph
(1) shall include the following:
(A) A means to control access to the victim.
(B) Due process for the victim and the alleged
perpetrator.
(c) Regulations.--
(1) In general.--The Secretary shall promulgate regulations
to carry out this section.
(2) Consistency.--When practicable, the Secretary shall
make regulations promulgated under this section consistent with
similar regulations promulgated by the Secretary of Defense.
SEC. 815. APPLICABILITY OF POLICIES TO CREWS OF VESSELS SECURED BY
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION UNDER
CONTRACT.
The Under Secretary for Oceans and Atmosphere shall ensure that
each contract into which the Under Secretary enters for the use of a
vessel by the National Oceanic and Atmospheric Administration that
covers the crew of the vessel, if any, shall include as a condition of
the contract a provision that subjects such crew to the policy
developed under section 811(a) and the comprehensive policy developed
under section 812(a).
SEC. 816. ANNUAL REPORT ON SEXUAL ASSAULTS IN THE NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION.
(a) In General.--Not later than January 15 of each year, the
Secretary of Commerce shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Natural
Resources of the House of Representatives a report on the sexual
assaults involving employees of the National Oceanic and Atmospheric
Administration, members of the commissioned officer corps of the
Administration, and individuals who work with or conduct business on
behalf of the Administration.
(b) Contents.--Each report submitted under subsection (a) shall
include, with respect to the previous calendar year, the following:
(1) The number of alleged sexual assaults involving
employees, members, and individuals described in subsection
(a).
(2) A synopsis of each case and the disciplinary action
taken, if any, in each case.
(3) The policies, procedures, and processes implemented by
the Secretary, and any updates or revisions to such policies,
procedures, and processes.
(4) A summary of the reports received by the Under
Secretary for Oceans and Atmosphere under section 811(f).
(c) Privacy Protection.--In preparing and submitting a report under
subsection (a), the Secretary shall ensure that no individual involved
in an alleged sexual assault can be identified by the contents of the
report.
SEC. 817. DEFINITION.
In this subtitle, the term ``sexual assault'' shall have the
meaning given such term in section 40002(a) of the Violence Against
Women Act of 1994 (42 U.S.C. 13925(a)).
Subtitle B--Commissioned Officer Corps of the National Oceanic and
Atmospheric Administration
SEC. 820. REFERENCES TO NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
COMMISSIONED OFFICER CORPS ACT OF 2002.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps Act of 2002 (33
U.S.C. 3001 et seq.).
PART I--GENERAL PROVISIONS
SEC. 821. STRENGTH AND DISTRIBUTION IN GRADE.
Section 214 (33 U.S.C. 3004) is amended to read as follows:
``SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.
``(a) Grades.--The commissioned grades in the commissioned officer
corps of the Administration are the following, in relative rank with
officers of the Navy:
``(1) Vice admiral.
``(2) Rear admiral.
``(3) Rear admiral (lower half).
``(4) Captain.
``(5) Commander.
``(6) Lieutenant commander.
``(7) Lieutenant.
``(8) Lieutenant (junior grade).
``(9) Ensign.
``(b) Grade Distribution.--The Secretary shall prescribe, with
respect to the distribution on the lineal list in grade, the
percentages applicable to the grades set forth in subsection (a).
``(c) Annual Computation of Number in Grade.--
``(1) In general.--Not less frequently than once each year,
the Secretary shall make a computation to determine the number
of officers on the lineal list authorized to be serving in each
grade.
``(2) Method of computation.--The number in each grade
shall be computed by applying the applicable percentage to the
total number of such officers serving on active duty on the
date the computation is made.
``(3) Fractions.--If a final fraction occurs in computing
the authorized number of officers in a grade, the nearest whole
number shall be taken. If the fraction is \1/2\, the next
higher whole number shall be taken.
``(d) Temporary Increase in Numbers.--The total number of officers
authorized by law to be on the lineal list during a fiscal year may be
temporarily exceeded if the average number on that list during that
fiscal year does not exceed the authorized number.
``(e) Positions of Importance and Responsibility.--Officers serving
in positions designated under section 228(a) and officers recalled from
retired status shall not be counted when computing authorized strengths
under subsection (c) and shall not count against those strengths.
``(f) Preservation of Grade and Pay.--No officer may be reduced in
grade or pay or separated from the commissioned officer corps of the
Administration as the result of a computation made to determine the
authorized number of officers in the various grades.''.
SEC. 822. RECALLED OFFICERS.
Section 215 (33 U.S.C. 3005) is amended--
(1) in the matter before paragraph (1), by striking
``Effective'' and inserting the following:
``(a) In General.--Effective''; and
(2) by adding at the end the following new subsection:
``(b) Positions of Importance and Responsibility.--Officers serving
in positions designated under section 228 and officers recalled from
retired status--
``(1) may not be counted in determining the total number of
authorized officers on the lineal list under this section; and
``(2) may not count against such number.''.
SEC. 823. OBLIGATED SERVICE REQUIREMENT.
(a) In General.--Subtitle A (33 U.S.C. 3001 et seq.) is amended by
adding at the end the following:
``SEC. 216. OBLIGATED SERVICE REQUIREMENT.
``(a) In General.--
``(1) Rulemaking.--The Secretary shall prescribe the
obligated service requirements for appointments, training,
promotions, separations, continuations, and retirement of
officers not otherwise covered by law.
``(2) Written agreements.--The Secretary and officers shall
enter into written agreements that describe the officers'
obligated service requirements prescribed under paragraph (1)
in return for such appointments, training, promotions,
separations, and retirements as the Secretary considers
appropriate.
``(b) Repayment for Failure to Satisfy Requirements.--
``(1) In general.--The Secretary may require an officer who
fails to meet the service requirements prescribed under
subsection (a)(1) to reimburse the Secretary in an amount that
bears the same ratio to the total costs of the training
provided to that officer by the Secretary as the unserved
portion of active duty bears to the total period of active duty
the officer agreed to serve.
``(2) Obligation as debt to united states.--An obligation
to reimburse the Secretary under paragraph (1) shall be
considered for all purposes as a debt owed to the United
States.
``(3) Discharge in bankruptcy.--A discharge in bankruptcy
under title 11 that is entered less than 5 years after the
termination of a written agreement entered into under
subsection (a)(2) does not discharge the individual signing the
agreement from a debt arising under such agreement.
``(c) Waiver or Suspension of Compliance.--The Secretary may waive
the service obligation of an officer who--
``(1) becomes unqualified to serve on active duty in the
commissioned officer corps of the Administration because of a
circumstance not within the control of that officer; or
``(2) is--
``(A) not physically qualified for appointment; and
``(B) determined to be unqualified for service in
the commissioned officer corps of the Administration
because of a physical or medical condition that was not
the result of the officer's own misconduct or grossly
negligent conduct.''.
(b) Clerical Amendment.--The table of sections in section 1 of the
Act entitled ``An Act to authorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372)
is amended by inserting after the item relating to section 215 the
following:
``Sec. 216. Obligated service requirement.''.
SEC. 824. TRAINING AND PHYSICAL FITNESS.
(a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as amended by
section 823(a), is further amended by adding at the end the following:
``SEC. 217. TRAINING AND PHYSICAL FITNESS.
``(a) Training.--The Secretary may take such measures as may be
necessary to ensure that officers are prepared to carry out their
duties in the commissioned officer corps of the Administration and
proficient in the skills necessary to carry out such duties. Such
measures may include the following:
``(1) Carrying out training programs and correspondence
courses, including establishing and operating a basic officer
training program to provide initial indoctrination and maritime
vocational training for officer candidates as well as refresher
training, mid-career training, aviation training, and such
other training as the Secretary considers necessary for officer
development and proficiency.
``(2) Providing officers and officer candidates with books
and school supplies.
``(3) Acquiring such equipment as may be necessary for
training and instructional purposes.
``(b) Physical Fitness.--The Secretary shall ensure that officers
maintain a high physical state of readiness by establishing standards
of physical fitness for officers that are substantially equivalent to
those prescribed for officers in the Coast Guard.''.
(b) Clerical Amendment.--The table of sections in section 1 of the
Act entitled ``An Act to authorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372),
as amended by section 823(b), is further amended by inserting after the
item relating to section 216 the following:
``Sec. 217. Training and physical fitness.''.
SEC. 825. RECRUITING MATERIALS.
(a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as amended by
section 824(a), is further amended by adding at the end the following:
``SEC. 218. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS.
``The Secretary may use for public relations purposes of the
Department of Commerce any advertising materials developed for use for
recruitment and retention of personnel for the commissioned officer
corps of the Administration. Any such use shall be under such
conditions and subject to such restrictions as the Secretary shall
prescribe.''.
(b) Clerical Amendment.--The table of sections in section 1 of the
Act entitled ``An Act to authorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372),
as amended by section 824(b), is further amended by inserting after the
item relating to section 217 the following:
``Sec. 218. Use of recruiting materials for public relations.''.
SEC. 826. CHARTER VESSEL SAFETY POLICY.
(a) Policy Required.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Commerce shall, acting through
the Under Secretary for Oceans and Atmosphere, develop and implement a
charter vessel safety policy applicable to the acquisition by the
National Oceanic and Atmospheric Administration of charter vessel
services.
(b) Elements.--The policy required by subsection (a) shall address
vessel safety, operational safety, and basic personnel safety
requirements applicable to the vessel size, type, and intended use. At
a minimum, the policy shall include the following:
(1) Basic vessel safety requirements that address
stability, egress, fire protection and lifesaving equipment,
hazardous materials, and pollution control.
(2) Personnel safety requirements that address crew
qualifications, medical training and services, safety briefings
and drills, and crew habitability.
(c) Limitation.--The Secretary shall ensure that the basic vessel
safety requirements and personnel safety requirements included in the
policy required by subsection (a)--
(1) do not exceed the vessel safety requirements and
personnel safety requirements promulgated by the Secretary of
the department in which the Coast Guard is operating; and
(2) to the degree practicable, are consistent with the
requirements described in paragraph (1).
SEC. 827. TECHNICAL CORRECTION.
Section 101(21)(C) of title 38, United States Code, is amended by
inserting ``in the commissioned officer corps'' before ``of the
National''.
PART II--PARITY AND RECRUITMENT
SEC. 831. EDUCATION LOANS.
(a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is amended by
adding at the end the following:
``SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM.
``(a) Authority To Repay Education Loans.--For the purpose of
maintaining adequate numbers of officers of the commissioned officer
corps of the Administration on active duty who have skills required by
the commissioned officer corps, the Secretary may repay, in the case of
a person described in subsection (b), a loan that--
``(1) was used by the person to finance education; and
``(2) was obtained from a governmental entity, private
financial institution, educational institution, or other
authorized entity.
``(b) Eligible Persons.--To be eligible to obtain a loan repayment
under this section, a person must--
``(1) satisfy 1 of the requirements specified in subsection
(c);
``(2) be fully qualified for, or hold, an appointment as a
commissioned officer in the commissioned officer corps of the
Administration; and
``(3) sign a written agreement to serve on active duty, or,
if on active duty, to remain on active duty for a period in
addition to any other incurred active duty obligation.
``(c) Academic and Professional Requirements.--One of the following
academic requirements must be satisfied for purposes of determining the
eligibility of an individual for a loan repayment under this section:
``(1) The person is fully qualified in a profession that
the Secretary has determined to be necessary to meet identified
skill shortages in the commissioned officer corps.
``(2) The person is enrolled as a full-time student in the
final year of a course of study at an accredited educational
institution (as determined by the Secretary of Education)
leading to a degree in a profession that will meet identified
skill shortages in the commissioned officer corps.
``(d) Loan Repayments.--
``(1) In general.--Subject to the limits established under
paragraph (2), a loan repayment under this section may consist
of the payment of the principal, interest, and related expenses
of a loan obtained by a person described in subsection (b).
``(2) Limitation on amount.--For each year of obligated
service that a person agrees to serve in an agreement described
in subsection (b)(3), the Secretary may pay not more than the
amount specified in section 2173(e)(2) of title 10, United
States Code.
``(e) Active Duty Service Obligation.--
``(1) In general.--A person entering into an agreement
described in subsection (b)(3) incurs an active duty service
obligation.
``(2) Length of obligation determined under regulations.--
``(A) In general.--Except as provided in
subparagraph (B), the length of the obligation under
paragraph (1) shall be determined under regulations
prescribed by the Secretary.
``(B) Minimum obligation.--The regulations
prescribed under subparagraph (A) may not provide for a
period of obligation of less than 1 year for each
maximum annual amount, or portion thereof, paid on
behalf of the person for qualified loans.
``(3) Persons on active duty before entering into
agreement.--The active duty service obligation of persons on
active duty before entering into the agreement shall be served
after the conclusion of any other obligation incurred under the
agreement.
``(f) Effect of Failure To Complete Obligation.--
``(1) Alternative obligations.--An officer who is relieved
of the officer's active duty obligation under this section
before the completion of that obligation may be given any
alternative obligation, at the discretion of the Secretary.
``(2) Repayment.--An officer who does not complete the
period of active duty specified in the agreement entered into
under subsection (b)(3), or the alternative obligation imposed
under paragraph (1), shall be subject to the repayment
provisions under section 216.
``(g) Rulemaking.--The Secretary shall prescribe regulations to
carry out this section, including--
``(1) standards for qualified loans and authorized payees;
and
``(2) other terms and conditions for the making of loan
repayments.''.
(b) Clerical Amendment.--The table of sections in section 1 of the
Act entitled ``An Act to authorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372)
is amended by inserting after the item relating to section 266 the
following:
``Sec. 267. Education loan repayment program.''.
SEC. 832. INTEREST PAYMENTS.
(a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as amended by
section 831(a), is further amended by adding at the end the following:
``SEC. 268. INTEREST PAYMENT PROGRAM.
``(a) Authority.--The Secretary may pay the interest and any
special allowances that accrue on 1 or more student loans of an
eligible officer, in accordance with this section.
``(b) Eligible Officers.--An officer is eligible for the benefit
described in subsection (a) while the officer--
``(1) is serving on active duty;
``(2) has not completed more than 3 years of service on
active duty;
``(3) is the debtor on 1 or more unpaid loans described in
subsection (c); and
``(4) is not in default on any such loan.
``(c) Student Loans.--The authority to make payments under
subsection (a) may be exercised with respect to the following loans:
``(1) A loan made, insured, or guaranteed under part B of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et
seq.).
``(2) A loan made under part D of such title (20 U.S.C.
1087a et seq.).
``(3) A loan made under part E of such title (20 U.S.C.
1087aa et seq.).
``(d) Maximum Benefit.--Interest and any special allowance may be
paid on behalf of an officer under this section for any of the 36
consecutive months during which the officer is eligible under
subsection (b).
``(e) Funds for Payments.--The Secretary may use amounts
appropriated for the pay and allowances of personnel of the
commissioned officer corps of the Administration for payments under
this section.
``(f) Coordination With Secretary of Education.--
``(1) In general.--The Secretary shall consult with the
Secretary of Education regarding the administration of this
section.
``(2) Transfer of funds.--The Secretary shall transfer to
the Secretary of Education the funds necessary--
``(A) to pay interest and special allowances on
student loans under this section (in accordance with
sections 428(o), 455(l), and 464(j) of the Higher
Education Act of 1965 (20 U.S.C. 1078(o), 1087e(l), and
1087dd(j)); and
``(B) to reimburse the Secretary of Education for
any reasonable administrative costs incurred by the
Secretary in coordinating the program under this
section with the administration of the student loan
programs under parts B, D, and E of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1071 et seq.,
1087a et seq., 1087aa et seq.).
``(g) Special Allowance Defined.--In this section, the term
`special allowance' means a special allowance that is payable under
section 438 of the Higher Education Act of 1965 (20 U.S.C. 1087-1).''.
(b) Conforming Amendments.--
(1) Section 428(o) of the Higher Education Act of 1965 (20
U.S.C. 1078(o)) is amended--
(A) by striking the subsection heading and
inserting ``Armed Forces and NOAA Commissioned Officer
Corps Student Loan Interest Payment Programs''; and
(B) in paragraph (1)--
(i) by inserting ``or section 264 of the
National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002'' after
``Code,''; and
(ii) by inserting ``or an officer in the
commissioned officer corps of the National
Oceanic and Atmospheric Administration,
respectively,'' after ``Armed Forces''.
(2) Sections 455(l) and 464(j) of the Higher Education Act
of 1965 (20 U.S.C. 1087e(l) and 1087dd(j)) are each amended--
(A) by striking the subsection heading and
inserting ``Armed Forces and NOAA Commissioned Officer
Corps Student Loan Interest Payment Programs''; and
(B) in paragraph (1)--
(i) by inserting ``or section 264 of the
National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002'' after
``Code,''; and
(ii) by inserting ``or an officer in the
commissioned officer corps of the National
Oceanic and Atmospheric Administration,
respectively'' after ``Armed Forces''.
(c) Clerical Amendment.--The table of sections in section 1 of the
Act entitled ``An Act to authorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372),
as amended by section 831(b), is further amended by inserting after the
item relating to section 267 the following:
``Sec. 268. Interest payment program.''.
SEC. 833. STUDENT PRE-COMMISSIONING PROGRAM.
(a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as amended by
section 832(a), is further amended by adding at the end the following:
``SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION ASSISTANCE PROGRAM.
``(a) Authority To Provide Financial Assistance.--For the purpose
of maintaining adequate numbers of officers of the commissioned officer
corps of the Administration on active duty, the Secretary may provide
financial assistance to a person described in subsection (b) for
expenses of the person while the person is pursuing on a full-time
basis at an accredited educational institution (as determined by the
Secretary of Education) a program of education approved by the
Secretary that leads to--
``(1) a baccalaureate degree in not more than 5 academic
years; or
``(2) a postbaccalaureate degree.
``(b) Eligible Persons.--
``(1) In general.--A person is eligible to obtain financial
assistance under subsection (a) if the person--
``(A) is enrolled on a full-time basis in a program
of education referred to in subsection (a) at any
educational institution described in such subsection;
``(B) meets all of the requirements for acceptance
into the commissioned officer corps of the
Administration except for the completion of a
baccalaureate degree; and
``(C) enters into a written agreement with the
Secretary described in paragraph (2).
``(2) Agreement.--A written agreement referred to in
paragraph (1)(C) is an agreement between the person and the
Secretary in which the person agrees--
``(A) to accept an appointment as an officer, if
tendered; and
``(B) upon completion of the person's educational
program, agrees to serve on active duty, immediately
after appointment, for--
``(i) up to 3 years if the person received
less than 3 years of assistance; and
``(ii) up to 5 years if the person received
at least 3 years of assistance.
``(c) Qualifying Expenses.--Expenses for which financial assistance
may be provided under subsection (a) are the following:
``(1) Tuition and fees charged by the educational
institution involved.
``(2) The cost of books.
``(3) In the case of a program of education leading to a
baccalaureate degree, laboratory expenses.
``(4) Such other expenses as the Secretary considers
appropriate.
``(d) Limitation on Amount.--The Secretary shall prescribe the
amount of financial assistance provided to a person under subsection
(a), which may not exceed the amount specified in section 2173(e)(2) of
title 10, United States Code, for each year of obligated service that a
person agrees to serve in an agreement described in subsection (b)(2).
``(e) Duration of Assistance.--Financial assistance may be provided
to a person under subsection (a) for not more than 5 consecutive
academic years.
``(f) Subsistence Allowance.--
``(1) In general.--A person who receives financial
assistance under subsection (a) shall be entitled to a monthly
subsistence allowance at a rate prescribed under paragraph (2)
for the duration of the period for which the person receives
such financial assistance.
``(2) Determination of amount.--The Secretary shall
prescribe monthly rates for subsistence allowance provided
under paragraph (1), which shall be equal to the amount
specified in section 2144(a) of title 10, United States Code.
``(g) Initial Clothing Allowance.--
``(1) Training.--The Secretary may prescribe a sum which
shall be credited to each person who receives financial
assistance under subsection (a) to cover the cost of the
person's initial clothing and equipment issue.
``(2) Appointment.--Upon completion of the program of
education for which a person receives financial assistance
under subsection (a) and acceptance of appointment in the
commissioned officer corps of the Administration, the person
may be issued a subsequent clothing allowance equivalent to
that normally provided to a newly appointed officer.
``(h) Termination of Financial Assistance.--
``(1) In general.--The Secretary shall terminate the
assistance provided to a person under this section if--
``(A) the Secretary accepts a request by the person
to be released from an agreement described in
subsection (b)(2);
``(B) the misconduct of the person results in a
failure to complete the period of active duty required
under the agreement; or
``(C) the person fails to fulfill any term or
condition of the agreement.
``(2) Reimbursement.--The Secretary may require a person
who receives assistance described in subsection (c), (f), or
(g) under an agreement entered into under subsection (b)(1)(C)
to reimburse the Secretary in an amount that bears the same
ratio to the total costs of the assistance provided to that
person as the unserved portion of active duty bears to the
total period of active duty the officer agreed to serve under
the agreement.
``(3) Waiver.--The Secretary may waive the service
obligation of a person through an agreement entered into under
subsection (b)(1)(C) if the person--
``(A) becomes unqualified to serve on active duty
in the commissioned officer corps of the Administration
because of a circumstance not within the control of
that person; or
``(B) is--
``(i) not physically qualified for
appointment; and
``(ii) determined to be unqualified for
service in the commissioned officer corps of
the Administration because of a physical or
medical condition that was not the result of
the person's own misconduct or grossly
negligent conduct.
``(4) Obligation as debt to united states.--An obligation
to reimburse the Secretary imposed under paragraph (2) is, for
all purposes, a debt owed to the United States.
``(5) Discharge in bankruptcy.--A discharge in bankruptcy
under title 11, United States Code, that is entered less than 5
years after the termination of a written agreement entered into
under subsection (b)(1)(C) does not discharge the person
signing the agreement from a debt arising under such agreement
or under paragraph (2).
``(i) Regulations.--The Secretary may promulgate such regulations
and orders as the Secretary considers appropriate to carry out this
section.''.
(b) Clerical Amendment.--The table of sections in section 1 of the
Act entitled ``An Act to authorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372),
as amended by section 832(c), is further amended by inserting after the
item relating to section 268 the following:
``Sec. 269. Student pre-commissioning education assistance program.''.
SEC. 834. LIMITATION ON EDUCATIONAL ASSISTANCE.
(a) In General.--Each fiscal year, beginning with fiscal year 2013,
the Secretary of Commerce shall ensure that the total amount expended
by the Secretary under section 267 of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps Act of 2002 (as
added by section 831(a)), section 268 of such Act (as added by section
832(a)), and section 269 of such Act (as added by section 833(a)) does
not exceed the amount by which--
(1) the total amount the Secretary would pay in that fiscal
year to officer candidates under section 203(f)(1) of title 37,
United States Code (as added by section 246(d)), if such
section entitled officers candidates to pay at monthly rates
equal to the basic pay of a commissioned officer in the pay
grade O-1 with less than 2 years of service; exceeds
(2) the total amount the Secretary actually pays in that
fiscal year to officer candidates under section 203(f)(1) of
such title (as so added).
(b) Officer Candidate Defined.--In this section, the term ``officer
candidate'' has the meaning given the term in section 212 of the
National Oceanic and Atmospheric Administration Commissioned Officer
Corps Act of 2002 (33 U.S.C. 3002), as added by section 856(c).
SEC. 835. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, UNITED
STATES CODE, AND EXTENSION OF CERTAIN AUTHORITIES
APPLICABLE TO MEMBERS OF THE ARMED FORCES TO COMMISSIONED
OFFICER CORPS.
(a) Applicability of Certain Provisions of Title 10.--Section
261(a) (33 U.S.C. 3071(a)) is amended--
(1) by redesignating paragraphs (13) through (16) as
paragraphs (20) through (23), respectively;
(2) by redesignating paragraphs (7) through (12) as
paragraphs (12) through (17), respectively;
(3) by redesignating paragraphs (4) through (6) as
paragraphs (8) through (10), respectively;
(4) by inserting after paragraph (3) the following:
``(4) Section 771, relating to unauthorized wearing of
uniforms.
``(5) Section 774, relating to wearing religious apparel
while in uniform.
``(6) Section 982, relating to service on State and local
juries.
``(7) Section 1031, relating to administration of oaths.'';
(5) by inserting after paragraph (10), as redesignated, the
following:
``(11) Chapter 58, relating to the Benefits and Services
for members being separated or recently separated.''; and
(6) by inserting after paragraph (17), as redesignated, the
following:
``(18) Subchapter I of chapter 88, relating to Military
Family Programs.
``(19) Section 2005, relating to advanced education
assistance, active duty agreements, and reimbursement
requirements.''.
(b) Extension of Certain Authorities.--
(1) Notarial services.--Section 1044a of title 10, United
States Code, is amended--
(A) in subsection (a)(1), by striking ``armed
forces'' and inserting ``uniformed services''; and
(B) in subsection (b)(4), by striking ``armed
forces'' both places it appears and inserting
``uniformed services''.
(2) Acceptance of voluntary services for programs serving
members and their families.--Section 1588 of such title is
amended--
(A) in subsection (a)(3), by striking ``armed
forces'' and inserting ``uniformed services''; and
(B) by adding at the end the following new
subsection:
``(g) Secretary Concerned for Acceptance of Services for Programs
Serving Members of NOAA and Their Families.--For purposes of the
acceptance of services described in subsection (a)(3), the term
`Secretary concerned' in subsection (a) shall include the Secretary of
Commerce with respect to members of the National Oceanic and
Atmospheric Administration.''.
(3) Capstone course for newly selected flag officers.--
Section 2153 of such title is amended--
(A) in subsection (a)--
(i) by inserting ``or the commissioned
corps of the National Oceanic and Atmospheric
Administration'' after ``in the case of the
Navy''; and
(ii) by striking ``other armed forces'' and
inserting ``other uniformed services''; and
(B) in subsection (b)(1), by inserting ``or the
Secretary of Commerce, as applicable,'' after ``the
Secretary of Defense''.
SEC. 836. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, UNITED
STATES CODE.
(a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is amended by
inserting after section 261 the following:
``SEC. 261A. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, UNITED
STATES CODE.
``(a) Provisions Made Applicable to Commissioned Officer Corps.--
The provisions of law applicable to the Armed Forces under the
following provisions of title 37, United States Code, shall apply to
the commissioned officer corps of the Administration:
``(1) Section 324, relating to accession bonuses for new
officers in critical skills.
``(2) Section 403(f)(3), relating to prescribing
regulations defining the terms `field duty' and `sea duty'.
``(3) Section 403(l), relating to temporary continuation of
housing allowance for dependents of members dying on active
duty.
``(4) Section 414(a)(2), relating to personal money
allowance while serving as Director of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps.
``(5) Section 488, relating to allowances for recruiting
expenses.
``(6) Section 495, relating to allowances for funeral
honors duty.
``(b) References.--The authority vested by title 37, United States
Code, in the `military departments', `the Secretary concerned', or `the
Secretary of Defense' with respect to the provisions of law referred to
in subsection (a) shall be exercised, with respect to the commissioned
officer corps of the Administration, by the Secretary of Commerce or
the Secretary's designee.''.
(b) Clerical Amendment.--The table of sections in section 1 of the
Act entitled ``An Act to authorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372)
is amended by inserting after the item relating to section 261 the
following:
``Sec. 261A. Applicability of certain provisions of title 37, United
States Code.''.
SEC. 837. LEGION OF MERIT AWARD.
Section 1121 of title 10, United States Code, is amended by
striking ``armed forces'' and inserting ``uniformed services''.
SEC. 838. PROHIBITION ON RETALIATORY PERSONNEL ACTIONS.
(a) In General.--Subsection (a) of section 261 (33 U.S.C. 3071), as
amended by section 835, is further amended--
(1) by redesignating paragraphs (8) through (23) as
paragraphs (9) through (24), respectively; and
(2) by inserting after paragraph (7) the following:
``(8) Section 1034, relating to protected communications
and prohibition of retaliatory personnel actions.''.
(b) Conforming Amendment.--Subsection (b) of such section is
amended by adding at the end the following: ``For purposes of paragraph
(8) of subsection (a), the term `Inspector General' in section 1034 of
such title 10 shall mean the Inspector General of the Department of
Commerce.''.
(c) Regulations.--Such section is further amended by adding at the
end the following:
``(c) Regulations Regarding Protected Communications and
Prohibition of Retaliatory Personnel Actions.--The Secretary may
promulgate regulations to carry out the application of section 1034 of
title 10, United States Code, to the commissioned officer corps of the
Administration, including by promulgating such administrative
procedures for investigation and appeal within the commissioned officer
corps as the Secretary considers appropriate.''.
SEC. 839. PENALTIES FOR WEARING UNIFORM WITHOUT AUTHORITY.
Section 702 of title 18, United States Code, is amended by striking
``Service or any'' and inserting ``Service, the commissioned officer
corps of the National Oceanic and Atmospheric Administration, or any''.
SEC. 840. APPLICATION OF CERTAIN PROVISIONS OF COMPETITIVE SERVICE LAW.
Section 3304(f) of title 5, United States Code, is amended--
(1) in paragraph (1), by inserting ``and members of the
commissioned officer corps of the National Oceanic and
Atmospheric Administration (or its predecessor organization the
Coast and Geodetic Survey) separated from such uniformed
service'' after ``separated from the armed forces'';
(2) in paragraph (2), by striking ``or veteran'' and
inserting ``, veteran, or member''; and
(3) in paragraph (4), by inserting ``and members of the
commissioned officer corps of the National Oceanic and
Atmospheric Administration (or its predecessor organization the
Coast and Geodetic Survey) separated from such uniformed
service'' after ``separated from the armed forces''.
SEC. 841. EMPLOYMENT AND REEMPLOYMENT RIGHTS.
Section 4303(16) of title 38, United States Code, is amended by
inserting ``the commissioned officer corps of the National Oceanic and
Atmospheric Administration,'' after ``Public Health Service,''.
SEC. 842. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER CORPS FOR
PURPOSES OF CERTAIN HIRING DECISIONS.
(a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as amended by
this subtitle, is further amended by adding at the end the following:
``SEC. 269A. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER CORPS AS
EMPLOYMENT IN ADMINISTRATION FOR PURPOSES OF CERTAIN
HIRING DECISIONS.
``(a) In General.--In any case in which the Secretary accepts an
application for a position of employment with the Administration and
limits consideration of applications for such position to applications
submitted by individuals serving in a career or career-conditional
position in the competitive service within the Administration, the
Secretary shall deem an officer who has served as an officer in the
commissioned officer corps for at least 3 years to be serving in a
career or career-conditional position in the competitive service within
the Administration for purposes of such limitation.
``(b) Career Appointments.--If the Secretary selects an application
submitted by an officer described in subsection (a) for a position
described in such subsection, the Secretary shall give such officer a
career or career-conditional appointment in the competitive service, as
appropriate.
``(c) Competitive Service Defined.--In this section, the term
`competitive service' has the meaning given the term in section 2102 of
title 5, United States Code.''.
(b) Clerical Amendment.--The table of sections in section 1 of the
Act entitled ``An Act to authorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372)
is amended by inserting after the item relating to section 269, as
added by this subtitle, the following new item:
``Sec. 269A. Treatment of commission in commissioned officer corps as
employment in Administration for purposes
of certain hiring decisions.''.
SEC. 843. DIRECT HIRE AUTHORITY.
(a) In General.--The head of a Federal agency may appoint, without
regard to the provisions of subchapter I of chapter 33 of title 5,
United States Code, other than sections 3303 and 3328 of such title, a
qualified candidate described subsection (b) directly to a position in
the agency for which the candidate meets qualification standards of the
Office of Personnel Management.
(b) Candidates Described.--A candidate described in this subsection
is a current or former member of the commissioned officer corps of the
National Oceanic and Atmospheric Administration who--
(1) fulfilled his or her obligated service requirement
under section 216 of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002, as added
by section 823;
(2) if no longer a member of the commissioned officer corps
of the Administration, was discharged or released therefrom;
and
(3) has been separated or released from service in the
commissioned officer corps of the Administration for a period
of not more than 5 years.
(c) Effective Date.--This section shall apply with respect to
appointments made in fiscal year 2016 and in each fiscal year
thereafter.
PART III--APPOINTMENTS AND PROMOTION OF OFFICERS
SEC. 851. APPOINTMENTS.
(a) Original Appointments.--
(1) In general.--Section 221 (33 U.S.C. 3021) is amended to
read as follows:
``SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINTMENTS.
``(a) Original Appointments.--
``(1) Grades.--
``(A) In general.--Except as provided in
subparagraph (B), an original appointment of an officer
may be made in such grades as may be appropriate for--
``(i) the qualification, experience, and
length of service of the appointee; and
``(ii) the commissioned officer corps of
the Administration.
``(B) Appointment of officer candidates.--
``(i) Limitation on grade.--An original
appointment of an officer candidate, upon
graduation from the basic officer training
program of the commissioned officer corps of
the Administration, may not be made in any
other grade than ensign.
``(ii) Rank.--Officer candidates receiving
appointments as ensigns upon graduation from
basic officer training program shall take rank
according to their proficiency as shown by the
order of their merit at date of graduation.
``(2) Source of appointments.--An original appointment may
be made from among the following:
``(A) Graduates of the basic officer training
program of the commissioned officer corps of the
Administration.
``(B) Graduates of the military service academies
of the United States who otherwise meet the academic
standards for enrollment in the training program
described in subparagraph (A).
``(C) Graduates of the maritime academies of the
States who--
``(i) otherwise meet the academic standards
for enrollment in the training program
described in subparagraph (A);
``(ii) completed at least 3 years of
regimented training while at a maritime academy
of a State; and
``(iii) obtained an unlimited tonnage or
unlimited horsepower Merchant Mariner
Credential from the United States Coast Guard.
``(D) Licensed officers of the United States
merchant marine who have served 2 or more years aboard
a vessel of the United States in the capacity of a
licensed officer, who otherwise meet the academic
standards for enrollment in the training program
described in subparagraph (A).
``(3) Definitions.--In this subsection:
``(A) Maritime academies of the states.--The term
`maritime academies of the States' means the following:
``(i) California Maritime Academy, Vallejo,
California.
``(ii) Great Lakes Maritime Academy,
Traverse City, Michigan.
``(iii) Maine Maritime Academy, Castine,
Maine.
``(iv) Massachusetts Maritime Academy,
Buzzards Bay, Massachusetts.
``(v) State University of New York Maritime
College, Fort Schuyler, New York.
``(vi) Texas A&M Maritime Academy,
Galveston, Texas.
``(B) Military service academies of the united
states.--The term `military service academies of the
United States' means the following:
``(i) The United States Military Academy,
West Point, New York.
``(ii) The United States Naval Academy,
Annapolis, Maryland.
``(iii) The United States Air Force
Academy, Colorado Springs, Colorado.
``(iv) The United States Coast Guard
Academy, New London, Connecticut.
``(v) The United States Merchant Marine
Academy, Kings Point, New York.
``(b) Reappointment.--
``(1) In general.--Except as provided in paragraph (2), an
individual who previously served in the commissioned officer
corps of the Administration may be appointed by the Secretary
to the grade the individual held prior to separation.
``(2) Reappointments to higher grades.--An appointment
under paragraph (1) to a position of importance and
responsibility designated under section 228 may only be made by
the President.
``(c) Qualifications.--An appointment under subsection (a) or (b)
may not be given to an individual until the individual's mental, moral,
physical, and professional fitness to perform the duties of an officer
has been established under such regulations as the Secretary shall
prescribe.
``(d) Precedence of Appointees.--Appointees under this section
shall take precedence in the grade to which appointed in accordance
with the dates of their commissions as commissioned officers in such
grade. Appointees whose dates of commission are the same shall take
precedence with each other as the Secretary shall determine.
``(e) Inter-Service Transfers.--For inter-service transfers (as
described in the Department of Defense Directive 1300.4 (dated December
27, 2006)) the Secretary shall--
``(1) coordinate with the Secretary of Defense and the
Secretary of the Department in which the Coast Guard is
operating to promote and streamline inter-service transfers;
``(2) give preference to such inter-service transfers for
recruitment purposes as determined appropriate by the
Secretary; and
``(3) reappoint such inter-service transfers to the
equivalent grade in the commissioned officer corps.''.
(2) Clerical amendment.--The table of sections in section 1
of the Act entitled ``An Act to authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372) is amended by striking the item relating
to section 221 and inserting the following:
``Sec. 221. Original appointments and reappointments.''.
SEC. 852. PERSONNEL BOARDS.
Section 222 (33 U.S.C. 3022) is amended to read as follows:
``SEC. 222. PERSONNEL BOARDS.
``(a) Convening.--Not less frequently than once each year and at
such other times as the Secretary determines necessary, the Secretary
shall convene a personnel board.
``(b) Membership.--
``(1) In general.--A board convened under subsection (a)
shall consist of 5 or more officers who are serving in or above
the permanent grade of the officers under consideration by the
board.
``(2) Retired officers.--Officers on the retired list may
be recalled to serve on such personnel boards as the Secretary
considers necessary.
``(3) No membership on 2 successive boards.--No officer may
be a member of 2 successive personnel boards convened to
consider officers of the same grade for promotion or
separation.
``(c) Duties.--Each personnel board shall--
``(1) recommend to the Secretary such changes as may be
necessary to correct any erroneous position on the lineal list
that was caused by administrative error; and
``(2) make selections and recommendations to the Secretary
and the President for the appointment, promotion, involuntary
separation, continuation, and involuntary retirement of
officers in the commissioned officer corps of the
Administration as prescribed in this title.
``(d) Action on Recommendations Not Acceptable.--If any
recommendation by a board convened under subsection (a) is not accepted
by the Secretary or the President, the board shall make such further
recommendations as the Secretary or the President considers
appropriate.''.
SEC. 853. DELEGATION OF AUTHORITY.
Section 226 (33 U.S.C. 3026) is amended--
(1) by striking ``Appointments'' and inserting the
following:
``(a) In General.--Appointments''; and
(2) by adding at the end the following:
``(b) Delegation of Appointment Authority.--If the President
delegates authority to the Secretary to make appointments under this
section, the President shall, during a period in which the position of
the Secretary is vacant, delegate such authority to the Deputy
Secretary of Commerce or the Under Secretary for Oceans and Atmosphere
during such period.''.
SEC. 854. ASSISTANT ADMINISTRATOR OF THE OFFICE OF MARINE AND AVIATION
OPERATIONS.
Section 228(c) (33 U.S.C. 3028(c)) is amended--
(1) in the fourth sentence, by striking ``Director'' and
inserting ``Assistant Administrator''; and
(2) in the heading, by inserting ``Assistant Administrator
of the'' before ``Office''.
SEC. 855. TEMPORARY APPOINTMENTS.
(a) In General.--Section 229 (33 U.S.C. 3029) is amended to read as
follows:
``SEC. 229. TEMPORARY APPOINTMENTS.
``(a) Appointments by President.--Temporary appointments in the
grade of ensign, lieutenant junior grade, or lieutenant may be made by
the President.
``(b) Termination.--A temporary appointment to a position under
subsection (a) shall terminate upon approval of a permanent appointment
for such position made by the President.
``(c) Order of Precedence.--Appointees under subsection (a) shall
take precedence in the grade to which appointed in accordance with the
dates of their appointments as officers in such grade. The order of
precedence of appointees who are appointed on the same date shall be
determined by the Secretary.
``(d) Any One Grade.--When determined by the Secretary to be in the
best interest of the commissioned officer corps, officers in any
permanent grade may be temporarily promoted one grade by the President.
Any such temporary promotion terminates upon the transfer of the
officer to a new assignment.
``(e) Delegation of Appointment Authority.--If the President
delegates authority to the Secretary to make appointments under this
section, the President shall, during a period in which the position of
the Secretary is vacant, delegate such authority to the Deputy
Secretary of Commerce or the Under Secretary for Oceans and Atmosphere
during such period.''.
(b) Clerical Amendment.--The table of sections in section 1 of the
Act entitled ``An Act to authorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372)
is amended by striking the item relating to section 229 and inserting
the following:
``Sec. 229. Temporary appointments.''.
SEC. 856. OFFICER CANDIDATES.
(a) In General.--Subtitle B (33 U.S.C. 3021 et seq.) is amended by
adding at the end the following:
``SEC. 234. OFFICER CANDIDATES.
``(a) Determination of Number.--The Secretary shall determine the
number of appointments of officer candidates.
``(b) Appointment.--Appointment of officer candidates shall be made
under regulations which the Secretary shall prescribe, including
regulations with respect to determining age limits, methods of
selection of officer candidates, term of service as an officer
candidate before graduation from the program, and all other matters
affecting such appointment.
``(c) Dismissal.--The Secretary may dismiss from the basic officer
training program of the Administration any officer candidate who,
during the officer candidate's term as an officer candidate, the
Secretary considers unsatisfactory in either academics or conduct, or
not adapted for a career in the commissioned officer corps of the
Administration. Officer candidates shall be subject to rules governing
discipline prescribed by the Director of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps.
``(d) Agreement.--
``(1) In general.--Each officer candidate shall sign an
agreement with the Secretary in accordance with section
216(a)(2) regarding the officer candidate's term of service in
the commissioned officer corps of the Administration.
``(2) Elements.--An agreement signed by an officer
candidate under paragraph (1) shall provide that the officer
candidate agrees to the following:
``(A) That the officer candidate will complete the
course of instruction at the basic officer training
program of the Administration.
``(B) That upon graduation from the such program,
the officer candidate--
``(i) will accept an appointment, if
tendered, as an officer; and
``(ii) will serve on active duty for at
least 4 years immediately after such
appointment.
``(e) Regulations.--The Secretary shall prescribe regulations to
carry out this section. Such regulations shall include--
``(1) standards for determining what constitutes a breach
of an agreement signed under such subsection (d)(1); and
``(2) procedures for determining whether such a breach has
occurred.
``(f) Repayment.--An officer candidate or former officer candidate
who does not fulfill the terms of the obligation to serve as specified
under section (d) shall be subject to the repayment provisions of
section 216(b).''.
(b) Clerical Amendment.--The table of sections in section 1 of the
Act entitled ``An Act to authorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372)
is amended by inserting after the item relating to section 233 the
following:
``Sec. 234. Officer candidates.''.
(c) Officer Candidate Defined.--Section 212(b) (33 U.S.C. 3002(b))
is amended--
(1) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Officer candidate.--The term `officer candidate'
means an individual who is enrolled in the basic officer
training program of the Administration and is under
consideration for appointment as an officer under section
221(a)(2)(A).''.
(d) Pay for Officer Candidates.--Section 203 of title 37, United
States Code, is amended by adding at the end the following:
``(f)(1) An officer candidate enrolled in the basic officer
training program of the commissioned officer corps of the National
Oceanic and Atmospheric Administration is entitled, while participating
in such program, to monthly officer candidate pay at monthly rate equal
to the basic pay of an enlisted member in the pay grade E-5 with less
than 2 years service.
``(2) An individual who graduates from such program shall receive
credit for the time spent participating in such program as if such time
were time served while on active duty as a commissioned officer. If the
individual does not graduate from such program, such time shall not be
considered creditable for active duty or pay.''.
SEC. 857. PROCUREMENT OF PERSONNEL.
(a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as amended by
section 856(a), is further amended by adding at the end the following:
``SEC. 235. PROCUREMENT OF PERSONNEL.
``The Secretary may make such expenditures as the Secretary
considers necessary in order to obtain recruits for the commissioned
officer corps of the Administration, including advertising.''.
(b) Clerical Amendment.--The table of sections in section 1 of the
Act entitled ``An Act to authorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372),
as amended by section 856(b), is further amended by inserting after the
item relating to section 234 the following:
``235. Procurement of personnel.''.
PART IV--SEPARATION AND RETIREMENT OF OFFICERS
SEC. 861. INVOLUNTARY RETIREMENT OR SEPARATION.
Section 241 (33 U.S.C. 3041) is amended by adding at the end the
following:
``(d) Deferment of Retirement or Separation for Medical Reasons.--
``(1) In general.--If the Secretary determines that the
evaluation of the medical condition of an officer requires
hospitalization or medical observation that cannot be completed
with confidence in a manner consistent with the officer's well
being before the date on which the officer would otherwise be
required to retire or be separated under this section, the
Secretary may defer the retirement or separation of the
officer.
``(2) Consent required.--A deferment may only be made with
the written consent of the officer involved. If the officer
does not provide written consent to the deferment, the officer
shall be retired or separated as scheduled.
``(3) Limitation.--A deferral of retirement or separation
under this subsection may not extend for more than 30 days
after completion of the evaluation requiring hospitalization or
medical observation.''.
SEC. 862. SEPARATION PAY.
Section 242 (33 U.S.C. 3042) is amended by adding at the end the
following:
``(d) Exception.--An officer discharged for twice failing selection
for promotion to the next higher grade is not entitled to separation
pay under this section if the officer--
``(1) expresses a desire not to be selected for promotion;
or
``(2) requests removal from the list of selectees.''.
Subtitle C--Hydrographic Services
SEC. 871. REAUTHORIZATION OF HYDROGRAPHIC SERVICES IMPROVEMENT ACT OF
1998.
(a) Reauthorizations.--Section 306 of the Hydrographic Services
Improvement Act of 1998 (33 U.S.C. 892d) is amended--
(1) in the matter before paragraph (1), by striking ``There
are'' and inserting the following:
``(a) In General.--There are'';
(2) in subsection (a) (as designated by paragraph (1))--
(A) in paragraph (1), by striking ``surveys--'' and
all that follows through the end of the paragraph and
inserting ``surveys, $70,814,000 for each of fiscal
years 2016 through 2020.'';
(B) in paragraph (2), by striking ``vessels--'' and
all that follows through the end of the paragraph and
inserting ``vessels, $25,000,000 for each of fiscal
years 2016 through 2020.'';
(C) in paragraph (3), by striking
``Administration--'' and all that follows through the
end of the paragraph and inserting ``Administration,
$29,932,000 for each of fiscal years 2016 through
2020.'';
(D) in paragraph (4), by striking ``title--'' and
all that follows through the end of the paragraph and
inserting ``title, $26,800,000 for each of fiscal years
2016 through 2020.''; and
(E) in paragraph (5), by striking ``title--'' and
all that follows through the end of the paragraph and
inserting ``title, $30,564,000 for each of fiscal years
2016 through 2020.''; and
(3) by adding at the end the following:
``(b) Arctic Programs.--Of the amount authorized by this section
for each fiscal year--
``(1) $10,000,000 is authorized for use--
``(A) to acquire hydrographic data;
``(B) to provide hydrographic services;
``(C) to conduct coastal change analyses necessary
to ensure safe navigation;
``(D) to improve the management of coastal change
in the Arctic; and
``(E) to reduce risks of harm to Alaska Native
subsistence and coastal communities associated with
increased international maritime traffic; and
``(2) $2,000,000 is authorized for use to acquire
hydrographic data and provide hydrographic services in the
Arctic necessary to delineate the United States extended
Continental Shelf.''.
(b) Limitation on Administrative Expenses for Surveys.--Section 306
of such Act (33 U.S.C. 892d) is further amended by adding at the end
the following:
``(c) Limitation on Administrative Expenses for Surveys.--Of
amounts authorized by this section for each fiscal year for contract
hydrographic surveys, not more than 5 percent is authorized for
administrative costs associated with contract management.''.
Calendar No. 517
114th CONGRESS
2d Session
S. 2829
_______________________________________________________________________
A BILL
To amend and enhance certain maritime programs of the Department of
Transportation, and for other purposes.
_______________________________________________________________________
June 14, 2016
Reported with an amendment