,,ii ,calendar ,no4 #eag #aadth ,,congress #b;d ,session ,s4 #bhbi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bj1 #bjaf,mrs4 ,fischer 7for herself and ,mr4 ,booker7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,june #ad1 #bjaf,reported by ,mr4 ,thune1 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 ,transportation1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,maritime ,administration ,authorization and ,enhancement ,act for ,fiscal ,year #bjag4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,maritime ,administration authorization,sec4 #aja4 ,authorization of the ,maritime ,administration4,sec4 #ajb4 ,maritime ,administration authorization request4,,title ,,ii--,prevention of sexual harassment and assault at the ,united ,states ,merchant ,marine ,academy,sec4 #bja4 ,actions to address sexual harassment and sexual assault at the ,united ,states ,merchant ,marine ,academy4,sec4 #bjb4 ,sexual assault response coordinators and sexual assault victim advocates4,sec4 #bjc4 ,report from the ,department of ,transportation ,inspector ,general4,sec4 #bjd4 ,sexual assault prevention and response working group4,,title ,,iii--,maritime ,administration enhancement,sec4 #cja4 ,status of ,national ,defense ,reserve ,fleet vessels4,sec4 #cjb4 ,port infrastructure development4,sec4 #cjc4 ,use of ,state academy training vessels4,sec4 #cjd4 ,state maritime academy physical standards and reporting4,sec4 #cje4 ,authority to extend certain age restrictions relating to vessels participating in the ,maritime ,security ,fleet4,sec4 #cjf4 ,appointments4,sec4 #cjg4 ,high-speed craft4,,title ,,iv--,implementation of workforce management improvements,sec4 #dja4 ,workforce plans and onboarding policies4,sec4 #djb4 ,drug and alcohol policy4,sec4 #djc4 ,vessel transfers4,,title ,v--,technical amendments,sec4 #eja4 ,clarifying amendment2 continuation boards4,sec4 #ejb4 ,prospective payment of funds necessary to provide medical care4,sec4 #ejc4 ,technical corrections to title #df of the ,united ,states ,code4 ,i ,maritime ,administration authorization #aja4 ,authorization of the ,maritime ,administration ,there are authorized to be appropriated to the ,department of ,transportation for fiscal year #bjag1 to be available without fiscal year limitation if so provided in appropriations ,acts1 for programs of the ,united ,states ,maritime ,administration associated with maintaining national security aspects of the merchant marine1 the following amounts3 7#a7 ,for expenses necessary for operations of the ,united ,states ,merchant ,marine ,academy1 #ii1ijb1jjj1 of which-- 7,a7 #gd1hea1jjj shall be for ,academy operations2 and 7,b7 #be1jea1jjj shall remain available until expended for capital asset management at the ,academy4 7#b7 ,for expenses necessary to support the ,state maritime academies1 #bi1eej1jjj1 of which-- 7,a7 #b1djj1jjj shall remain available until ,september #cj1 #bjah1 for the ,student ,incentive ,program2 7,b7 #c1jjj1jjj shall remain available until expended for direct payments to such academies2 7,c7 #bb1jjj1jjj shall remain available until expended for maintenance and repair of ,state maritime academy training vessels2 7,d7 #a1hjj1jjj shall remain available until expended for training ship fuel assistance2 and 7,e7 #cej1jjj shall remain available until expended for expenses to improve the monitoring of the service obligations of graduates4 7#c7 ,for expenses necessary to support the ,national ,security ,multi-,mission ,vessel ,program1 #f1jjj1jjj1 which shall remain available until expended4 7#d7 ,for expenses necessary to support ,maritime ,administration operations and programs1 #eg1adb1jjj4 7#e7 ,for expenses necessary to dispose of vessels in the ,national ,defense ,reserve ,fleet1 #bj1jjj1jjj1 which shall remain available until expended4 7#f7 ,for the cost 7as defined in section #ejb7e7 of the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa;a7#e777 of loan guarantees under the program authorized by chapter #ecg of title #df1 ,united ,states ,code1 #c1jjj1jjj1 which shall remain available until expended for administrative expenses of the program4 #ajb4 ,maritime ,administration authorization request ,section #aji of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7k7 ,submission of annual ,maritime ,administration authorization request 7#a7 ,in general ,not later than #cj days after the date on which the ,president submits to ,congress a budget for a fiscal year pursuant to section #aaje of title #ca1 the ,maritime ,administrator shall submit a ,maritime ,administration authorization request with respect to such fiscal year to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#b7 ,defined term ,in this subsection1 the term ,maritime ,administration authorization request means a proposal for legislation that1 with respect to the ,maritime ,administration for the relevant fiscal year-- 7,a7 recommends authorizations of appropriations for that fiscal year2 and 7,b7 addresses any other matter that the ,maritime ,administrator determines is appropriate for inclusion in a ,maritime ,administration authorization bill4 4 ,,ii ,prevention of sexual harassment and assault at the ,united ,states ,merchant ,marine ,academy #bja4 ,actions to address sexual harassment and sexual assault at the ,united ,states ,merchant ,marine ,academy 7a7 ,policy ,chapter #eac of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #eacah4 ,policy on sexual harassment and sexual assault 7a7 ,required policy 7#a7 ,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 ,academy4 7#b7 ,matters to be specified in policy ,the policy on sexual harassment and sexual assault prescribed under this subsection shall include-- 7,a7 a program to promote awareness of the incidence of rape1 acquaintance rape1 and other sexual offenses of a criminal nature that involve cadets or other ,academy personnel2 7,b7 procedures that a cadet should follow in the case of an occurrence of sexual harassment or sexual assault1 including-- 7i7 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 reporting2 7ii7 specifying any other person whom the victim should contact2 and 7iii7 procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault2 7,c7 a procedure for disciplinary action in cases of alleged criminal sexual assault involving a cadet or other ,academy personnel2 7,d7 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 rape1 acquaintance rape1 or any other criminal sexual offense1 whether forcible or nonforcible2 and 7,e7 required training on the policy for all cadets and other ,academy personnel1 including the specific training required for personnel who process allegations of sexual harassment or sexual assault involving ,academy personnel4 7#c7 ,availability of policy ,the ,secretary shall ensure that the policy developed under this subsection is available to-- 7,a7 all cadets and employees of the ,academy2 and 7,b7 the public4 7#d7 ,consultation and assistance ,in developing the policy under this subsection1 the ,secretary may consult or receive assistance from such ,federal1 ,state1 local1 and national organizations and subject matter experts as the ,secretary considers appropriate4 7b7 ,development program 7#a7 ,in general ,the ,secretary of ,transportation shall ensure that the development program of the ,united ,states ,merchant ,marine ,academy includes a section that-- 7,a7 describes the relationship between honor1 respect1 and character development and the prevention of sexual harassment and sexual assault at the ,academy2 and 7,b7 includes a brief history of the problem of sexual harassment and sexual assault in the merchant marine1 in the ,armed ,forces1 and at the ,academy2 and 7,c7 includes information relating to reporting sexual harassment and sexual assault1 victims' rights1 and dismissal for offenders4 7#b7 ,training ,the ,superintendent of the ,academy shall ensure that all cadets receive the training described in paragraph 7#a7-- 7,a7 not later than #ba days after their initial arrival at the ,academy2 and 7,b7 annually thereafter until they graduate or leave the ,academy4 7c7 ,annual assessment 7#a7 ,in general ,the ,secretary of ,transportation1 in cooperation with the ,superintendent of the ,academy1 shall conduct an assessment at the ,academy during each ,academy program year to determine the effectiveness of the policies1 procedures1 and training of the ,academy with respect to sexual harassment and sexual assault involving cadets or other ,academy personnel4 7#b7 ,biennial survey ,for each assessment of the ,academy under paragraph 7#a7 during an ,academy program year that begins in an odd-numbered calendar year1 the ,secretary shall conduct a survey of cadets and other ,academy personnel-- 7,a7 to measure-- 7i7 the incidence1 during that program year1 of sexual harassment and sexual assault events1 on or off the ,academy campus1 that have been reported to officials of the ,academy2 and 7ii7 the incidence1 during that program year1 of sexual harassment and sexual assault events1 on or off the ,academy campus1 that have not been reported to officials of the ,academy2 and 7,b7 to assess the perceptions of cadets and other ,academy personnel on-- 7i7 the policies1 procedures1 and training on sexual harassment and sexual assault involving cadets or ,academy personnel2 7ii7 the enforcement of the policies described in clause 7i72 7iii7 the incidence of sexual harassment and sexual assault involving cadets or ,academy personnel2 and 7iv7 any other issues relating to sexual harassment and sexual assault involving cadets or ,academy personnel4 7#c7 ,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 7#b71 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 ,academy4 7d7 ,annual report 7#a7 ,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 year4 7#b7 ,contents ,each report submitted under paragraph 7#a7 shall include1 for the ,academy program year covered by the report-- 7,a7 the number of sexual assaults1 rapes1 and other sexual offenses involving cadets or other ,academy personnel that have been reported to ,academy officials2 7,b7 the number of the reported cases described in subparagraph 7,a7 that have been substantiated2 7,c7 the policies1 procedures1 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 personnel2 and 7,d7 a plan for the actions that will be taken in the following ,academy program year regarding prevention of1 and response to1 sexual harassment and sexual assault involving cadets or other ,academy personnel4 7#c7 ,survey and focus group results 7,a7 ,survey results ,each report under paragraph 7#a7 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 7c77#b74 7,b7 ,focus group results ,each report under paragraph 7#a7 for an ,academy program year in which the ,secretary of ,transportation is not required to conduct the survey described 7c77#b7 shall include the results of the focus group conducted in that program year under subsection 7c77#c74 7#d7 ,reporting requirement 7,a7 ,by the superintendent ,for each incident of sexual harassment or sexual assault reported to the ,superintendent under this subsection1 the ,superintendent shall provide the ,secretary of ,transportation and the ,board of ,visitors of the ,academy with a report that includes-- 7i7 the facts surrounding the incident1 except for any details that would reveal the identities of the people involved2 and 7ii7 the ,academy's response to the incident4 7,b7 ,by the secretary ,the ,secretary shall submit a copy of each report received under subparagraph 7,a7 and the ,secretary's comments on the report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 4 7b7 ,clerical amendment ,the table of sections for chapter #eac of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #eacah4 ,policy on sexual harassment and sexual assault4 4 #bjb4 ,sexual assault response coordinators and sexual assault victim advocates 7a7 ,coordinators and advocates ,chapter #eac of title #df1 ,united ,states ,code1 as amended by section #bja1 is further amended by adding at the end the following3 #eacai4 ,sexual assault response coordinators and sexual assault victim advocates 7a7 ,sexual assault response coordinators ,the ,united ,states ,merchant ,marine ,academy shall employ or contract with at least #a full-time sexual assault response coordinator who shall reside on or near the ,academy4 ,the ,secretary of ,transportation may assign additional full-time or part-time sexual assault response coordinators at the ,academy as may be necessary4 7b7 ,volunteer sexual assault victim advocates 7#a7 ,in general ,the ,secretary of ,transportation1 acting through the ,superintendent of the ,united ,states ,merchant ,marine ,academy1 shall designate #a or more permanent employees who volunteer to serve as advocates for victims of sexual assaults involving-- 7,a7 cadets of the ,academy2 or 7,b7 individuals who work with or conduct business on behalf of the ,academy4 7#b7 ,training2 other duties ,each victim advocate designated under this subsection shall-- 7,a7 have or receive training in matters relating to sexual assault and the comprehensive policy developed under section #eacah of title #df1 ,united ,states ,code1 as added by section #bja2 and 7,b7 serve as a victim advocate voluntarily1 in addition to the individual's other duties as an employee of the ,academy4 7#c7 ,primary duties ,while performing the duties of a victim advocate under this subsection1 a designated employee shall-- 7,a7 support victims of sexual assault by informing them of the rights and resources available to them as victims2 7,b7 identify additional resources to ensure the safety of victims of sexual assault2 and 7,c7 connect victims of sexual assault to an ,academy sexual assault response coordinator1 or full-time or part-time victim advocate1 who shall act as a companion in navigating investigative1 medical1 mental and emotional health1 and recovery processes relating to sexual assault4 7#d7 ,companion ,at least #a victim advocate designated under this subsection1 while performing the duties of a victim advocate1 shall act as a companion in navigating investigative1 medical1 mental and emotional health1 and recovery processes relating to sexual assault4 7#e7 ,hotline ,the ,secretary shall establish a #bd-;hour hotline through which the victim of a sexual assault can receive victim support services4 7#f7 ,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 7#c71 7#d71 and 7#e74 4 7b7 ,clerical amendment ,the table of sections for chapter #eac of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #eacai4 ,sexual assault response coordinators and sexual assault victim advocates4 4 #bjc4 ,report from the ,department of ,transportation ,inspector ,general 7a7 ,in general ,not later than ,march #ca1 #bjah1 the ,inspector ,general of the ,department of ,transportation shall submit a report to the ,committee on ,commerce1 ,science1 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 ,academy4 7b7 ,contents ,the report required under subsection 7a7 shall-- 7#a7 assess progress toward addressing any outstanding recommendations2 7#b7 include any recommendations to reduce the number of sexual assaults involving members of the ,united ,states ,merchant ,marine ,academy1 whether a member is the victim1 the alleged assailant1 or both2 7#c7 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 ,academy1 whether a members is the victim1 the alleged assailant1 or both4 7c7 ,expertise ,in compiling the report required under this section1 the inspection teams acting under the direction of the ,inspector ,general shall-- 7#a7 include at least #a member with expertise and knowledge of sexual assault prevention and response policies2 or 7#b7 consult with subject matter experts in the prevention of and response to sexual assaults4 #bjd4 ,sexual assault prevention and response working group 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,maritime ,administrator shall convene a working group to examine methods to improve the prevention of1 and response to1 any sexual harassment or sexual assault that occurs during a ,cadet's ,sea ,year experience with the ,united ,states ,merchant ,marine ,academy4 7b7 ,membership ,the ,maritime ,administrator shall designate individuals to serve as members of the working group convened pursuant to subsection 7a74 ,membership in the working group shall consist of-- 7#a7 a representative of the ,maritime ,administration1 which shall serve as chair of the working group2 7#b7 the ,superintendent of the ,academy1 or designee2 7#c7 the sexual assault response coordinator appointed under section #eacai of title #df1 ,united ,states ,code2 7#d7 a subject matter expert from the ,united ,states ,coast ,guard2 7#e7 a subject matter expert from the ,military ,sealift ,command2 7#f7 at least #a representative from each of the ,state maritime academies2 7#g7 at least #a representative from each private contracting party participating in the maritime security program2 7#h7 at least #a representative from each nonprofit labor organization representing a class or craft of employees employed on vessels in the ,maritime ,security ,fleet2 7#i7 at least #b representatives from approved maritime training institutions2 and 7#aj7 at least #a representative from companies that-- 7,a7 participate in sea training of ,academy cadets2 and 7,b7 do not participate in the maritime security program4 7c7 ,no quorum requirement ,the ,maritime ,administration may convene the working group without all members present4 7d7 ,responsibilities ,the working group shall-- 7#a7 evaluate options that could promote a climate of honor and respect1 and a culture that is intolerant of sexual harassment and sexual assault and those who commit it1 across the ,united ,states flag fleet2 7#b7 raise awareness of the ,united ,states ,merchant ,marine ,academy's sexual assault prevention and response program across the ,united ,states flag fleet2 7#c7 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 confidentiality2 7#d7 assess a potential program or policy1 applicable to all participants of the maritime security program1 to improve the prevention of1 and response to1 sexual harassment and sexual assault incidents2 7#e7 assess a potential program or policy1 applicable to all vessels operating in the ,united ,states flag fleet that participate in the ,maritime ,security ,fleet under section #ecaja of title #df1 ,united ,states ,code1 which carry cargos to which chapter #eca of such title applies1 or are chartered by a ,federal agency1 requiring crews to complete a sexual harassment and sexual assault prevention and response training program before the ,cadet's ,sea ,year that includes-- 7,a7 fostering a shipboard climate-- 7i7 that does not tolerate sexual harassment and sexual assault2 7ii7 in which persons assigned to vessel crews are encouraged to intervene to prevent potential incidents of sexual harassment or sexual assault2 and 7iii7 that encourages victims of sexual assault to report any incident of sexual harassment or sexual assault2 and 7,b7 understanding the needs of1 and the resources available to1 a victim after an incident of sexual harassment or sexual assault2 7#f7 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 training2 and 7#g7 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 retribution4 7e7 ,report ,not later than #ae months after the date of the enactment of this ,act1 the working group shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that includes-- 7#a7 recommendations on each of the working group's responsibilities described in subsection 7d72 7#b7 the trade-offs1 opportunities1 and challenges associated with the recommendations made in paragraph 7#a72 and 7#c7 any other information the working group determines appropriate4 ,,iii ,maritime ,administration enhancement #cja4 ,status of ,national ,defense ,reserve ,fleet vessels ,section #ddje of title #ej1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 ,vessels in the ,national ,defense ,reserve ,fleet1 including vessels loaned to ,state maritime academies1 shall be considered public vessels of the ,united ,states42 and 7#b7 by adding at the end the following3 7g7 ,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-- 7#a7 shall remain vessels 7as defined in section #c of title #a72 and 7#b7 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 ,fleet4 4 #cjb4 ,port infrastructure development ,section #ejcjb7;c77#d7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 by striking ,there are authorized and inserting the following3 7,a7 ,in general ,there are authorized 2 and 7#b7 by adding at the end the following3 7,b7 ,administrative expenses ,except as otherwise provided by law1 the ,administrator may use not more than #c percent of the amounts appropriated to carry out this section for the administrative expenses of the program4 4 #cjc4 ,use of ,state academy training vessels ,section #eaejd7;g7 of title #df1 ,united ,states ,code1 is amended to read as follows3 7g7 ,vessel sharing ,the ,secretary1 after consulting with the affected ,state maritime academies1 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-- 7#a7 is being used during a humanitarian assistance or disaster response activity2 7#b7 is incapable of being maintained in good repair as required under section #eaejd7;c7 of title #df1 ,united ,states ,code2 7#c7 requires maintenance or repair for an extended period2 7#d7 is activated as a ,national ,defense ,reserve ,fleet vessel pursuant to section #ddje of title #ej1 ,united ,states ,code2 7#e7 loses its ,united ,states ,coast ,guard ,certificate of ,inspection or its classification2 or 7#f7 does not comply with applicable environmental regulations4 4 #cjd4 ,state maritime academy physical standards and reporting ,section #eaejf of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking must and inserting shall2 7,b7 in paragraph 7#b71 by striking and at the end2 7,c7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7#d7 agree that any individual enrolled at such ,state maritime academy in a merchant marine officer preparation program-- 7,a7 shall1 not later than #i months after each such individual's date of enrollment1 pass an examination in form and substance satisfactory to the ,secretary that demonstrates that such individual meets the medical and physical requirements-- 7i7 required for the issuance of an original license under section #gaja2 or 7ii7 set by the ,united ,states ,coast ,guard for issuing merchant mariners' documentation under section #gcjb1 with no limit to his or her operational authority2 7,b7 following passage of the examination under subparagraph 7,a71 shall continue to meet the requirements or standards described in subparagraph 7,a7 throughout the remainder of their respective enrollments at the ,state maritime academy2 and 7,c7 if the individual has a medical or physical condition that disqualifies him or her from meeting the requirements or standards referred to in subparagraph 7,a71 shall be transferred to a program other than a merchant marine officer preparation program1 or otherwise appropriately disenrolled from such ,state maritime academy1 until the individual demonstrates to the ,secretary that the individual meets such requirements or standards4 2 and 7#b7 by adding at the end the following3 7c7 ,secretarial waiver authority ,the ,secretary is authorized to modify or waive any of the terms set forth in subsection 7a77#d7 with respect to any individual or ,state maritime academy4 4 #cje4 ,authority to extend certain age restrictions relating to vessels participating in the ,maritime ,security ,fleet 7a7 ,in general ,section #ecajb of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 ,authority for extension of maximum service age for a participating fleet vessel ,the ,secretary of ,defense1 in conjunction with the ,secretary of ,transportation1 may extend the maximum age restrictions under sections #ecaja7e77;,a77ii7 and #ecajf7;c77#c7 for a particular participating fleet vessel for up to #e years if the ,secretary of ,defense and the ,secretary of ,transportation jointly determine that such extension is in the national interest4 4 7b7 ,repeal of unnecessary age limitation ,section #ecajf7;c77#c7 of such title is amended-- 7#a7 in subparagraph 7,a71 by striking or 7,c72 and inserting 2 or2 7#b7 in subparagraph 7,b71 by striking 2 or at the end and inserting a period2 and 7#c7 by striking subparagraph 7,c74 #cjf4 ,appointments 7a7 ,in general ,section #eacjc of title #df1 ,united ,states ,code1 is amended by striking #dj and inserting #ej4 7b7 ,class profile ,not later than ,august #ca of each year1 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 ,academy4 7c7 ,contents ,each summary profile posted under subsection 7b7 shall include1 for the incoming class and for the #d classes that precede the incoming class1 the number and percentage of students-- 7#a7 by ,state2 7#b7 by country2 7#c7 by gender2 7#d7 by race and ethnicity2 and 7#e7 with prior military service4 #cjg4 ,high-speed craft ,notwithstanding section #ccaf7;a7 of title #df1 ,united ,states ,code1 the ,secretary of the ,navy may select a classification society recognized and authorized by the ,secretary to provide a classification for high-speed craft4 ,,iv ,implementation of workforce management improvements #dja4 ,workforce plans and onboarding policies 7a7 ,workforce plans ,not later than #ahj days after the date of the enactment of this ,act1 the ,administrator of the ,united ,states ,maritime ,administration shall review the ,maritime ,administration's workforce plans1 including its ,strategic ,human ,capital ,plan and ,leadership ,succession ,plan1 and fully implement competency models for mission-critical occupations1 including-- 7#a7 leadership positions2 7#b7 human resources positions2 and 7#c7 transportation specialist positions4 7b7 ,onboarding policies ,not later than #ahj days after the date of the enactment of this ,act1 the ,administrator shall-- 7#a7 review the ,maritime ,administration's policies related to new hire orientation1 training1 and misconduct policies2 7#b7 align the onboarding policies and procedures at headquarters and the field offices to ensure consistent implementation and provision of critical information across the ,maritime ,administration2 and 7#c7 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 repository4 7c7 ,onboarding policies ,not later than #i months after the date of the enactment of this ,act1 the ,administrator shall submit a report to the ,committee on ,commerce1 ,science1 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 section4 #djb4 ,drug and alcohol policy 7a7 ,review ,not later than #i months after the date of the enactment of this ,act1 the ,maritime ,administrator shall-- 7#a7 review the ,maritime ,administration's drug and alcohol policies1 procedures1 and training practices2 7#b7 ensure that all fleet managers have received training on the ,department of ,transportation's drug and alcohol policy1 including the testing procedures used by the ,department and the ,maritime ,administration in cases of reasonable suspicion2 and 7#c7 institute a system for tracking all drug and alcohol policy training conducted under paragraph 7#b7 in a standardized training repository4 7b7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,administrator shall submit a report to the ,committee on ,commerce1 ,science1 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 section4 #djc4 ,vessel transfers ,not later than #i months after the date of the enactment of this ,act1 the ,maritime ,administrator shall submit a report to the ,committee on ,commerce1 ,science1 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 transfer1 including-- 7#a7 a summary of the actions taken to update the ,vessel ,transfer ,office procedures manual to reflect the current range of program responsibilities and processes2 and 7#b7 a copy of the updated ,vessel ,transfer ,office procedures to process vessel transfer applications4 ,v ,technical amendments #eja4 ,clarifying amendment2 continuation boards ,section #bij7;a7 of title #ad1 ,united ,states ,code1 is amended by striking five officers serving in the grade of vice admiral and inserting #e officers 7other than the ,commandant7 serving in the grade of admiral or vice admiral4 #ejb4 ,prospective payment of funds necessary to provide medical care 7a7 ,in general ,chapter #ac of title #ad1 ,united ,states ,code1 is amended by adding at the end the following3 #ebj4 ,prospective payment of funds necessary to provide medical care 7a7 ,prospective payment required ,in lieu of the reimbursement required under section #ajhe of title #aj1 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-- 7#a7 that the ,department of ,defense shall provide to members of the ,coast ,guard1 former members of the ,coast ,guard1 and dependents of such members and former members 7other 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 ,fund7 at facilities under the jurisdiction of the ,department of ,defense or a military department2 and 7#b7 for which a reimbursement would otherwise be made under such section #ajhe4 7b7 ,amount ,the amount of the prospective payment under subsection 7a7-- 7#a7 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 dependents2 7#b7 shall be derived from amounts appropriated for retired pay for treatment or care provided to former members of the ,coast ,guard and their dependents2 7#c7 shall be determined under procedures established by the ,secretary of ,defense2 7#d7 shall be paid during the fiscal year in which treatment or care is provided2 and 7#e7 shall be subject to adjustment or reconciliation1 as the ,secretary of ,homeland ,security and the ,secretary of ,defense jointly determine appropriate1 during or promptly after such fiscal year if the prospective payment is determined excessive or insufficient based on the services actually provided4 7c7 ,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 ,navy4 7d7 ,relationship to ,,tricare ,this section shall not be construed to require a payment for1 or the prospective payment of an amount that represents the value of1 treatment or care provided under any ,,tricare program4 4 7b7 ,clerical amendment ,the analysis for chapter #ac of title #ad1 ,united ,states ,code1 is amended by adding at the end the following3 #ebj4 ,prospective payment of funds necessary to provide medical care4 4 7c7 ,repeal ,section #bag of the ,coast ,guard ,authorization ,act of #bjaf 7,public ,law #aad-abj7 and the item relating to that section in the table of contents in section #b of such ,act1 are repealed4 #ejc4 ,technical corrections to title #df of the ,united ,states ,code 7a7 ,in general ,title #df1 ,united ,states ,code1 is amended-- 7#a7 in section #dejc7;f77#b71 by striking that after necessary12 and 7#b7 in section #geaj7;c7-- 7,a7 in paragraph 7#a77;,d71 by striking engine and inserting engineer2 and 7,b7 in paragraph 7#i71 by inserting a period after ,app4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the date of the enactment of the ,coast ,guard ,authorization ,act of #bjae 7,public ,law #aad-abj74 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,maritime ,administration ,authorization and ,enhancement ,act for ,fiscal ,year #bjag4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,maritime ,administration authorization ,sec4 #aja4 ,authorization of the maritime administration4 ,sec4 #ajb4 ,maritime ,administration authorization request4 ,,title ,,ii--,prevention of sexual harassment and assault at the ,united ,states ,merchant ,marine ,academy ,sec4 #bja4 ,actions to address sexual harassment and sexual assault at the ,united ,states ,merchant ,marine ,academy4 ,sec4 #bjb4 ,sexual assault response coordinators and sexual assault victim advocates4 ,sec4 #bjc4 ,report from the ,department of ,transportation ,inspector ,general4 ,sec4 #bjd4 ,sexual assault prevention and response working group4 ,,title ,,iii--,maritime ,administration enhancement ,sec4 #cja4 ,status of ,national ,defense ,reserve ,fleet vessels4 ,sec4 #cjb4 ,port infrastructure development4 ,sec4 #cjc4 ,use of ,state academy training vessels4 ,sec4 #cjd4 ,state maritime academy physical standards and reporting4 ,sec4 #cje4 ,authority to extend certain age restrictions relating to vessels participating in the maritime security fleet4 ,sec4 #cjf4 ,appointments4 ,sec4 #cjg4 ,high-speed craft classification services4 ,sec4 #cjh4 ,maritime workforce working group4 ,sec4 #cji4 ,vessel disposal program4 ,sec4 #caj4 ,maritime extreme weather task force4 ,sec4 #caa4 ,penalty wages4 ,sec4 #cab4 ,recourse for noncitizens4 ,sec4 #cac4 ,floating dry docks4 ,,title ,,iv--,implementation of workforce management improvements ,sec4 #dja4 ,workforce plans and onboarding policies4 ,sec4 #djb4 ,drug and alcohol policy4 ,sec4 #djc4 ,vessel transfers4 ,,title ,v--,technical amendments ,sec4 #eja4 ,clarifying amendment2 continuation boards4 ,sec4 #ejb4 ,prospective payment of funds necessary to provide medical care4 ,sec4 #ejc4 ,technical corrections to title #df1 ,united ,states ,code4 ,sec4 #ejd4 ,coast ,guard use of the ,pribilof ,islands4 ,,title ,,vi--,polar ,icebreaker ,fleet ,recapitalization ,transparency ,act ,sec4 #fja4 ,short title4 ,sec4 #fjb4 ,definitions4 ,sec4 #fjc4 ,authority for polar icebreaker acquisition4 ,sec4 #fjd4 ,polar icebreaker recapitalization plan4 ,sec4 #fje4 ,,gao report icebreaking capability in the ,united ,states4 ,,title ,,vii--,vessel ,incidental ,discharge ,act ,sec4 #gja4 ,short title4 ,sec4 #gjb4 ,findings2 purpose4 ,sec4 #gjc4 ,definitions4 ,sec4 #gjd4 ,regulation and enforcement4 ,sec4 #gje4 ,uniform national standards and requirements for the regulation of discharges incidental to the normal operation of a vessel4 ,sec4 #gjf4 ,treatment technology certification4 ,sec4 #gjg4 ,exemptions4 ,sec4 #gjh4 ,alternative compliance program4 ,sec4 #gji4 ,judicial review4 ,sec4 #gaj4 ,effect on ,state authority4 ,sec4 #gaa4 ,application with other statutes4 ,sec4 #gab4 ,relationship to other laws4 ,sec4 #gac4 ,savings provision4 ,,title ,,viii--,national ,oceanic and ,atmospheric ,administration ,sexual ,harassment and ,assault ,prevention ,act ,sec4 #hja4 ,short title4 ,subtitle ,a--,sexual harassment and assault prevention at the ,national ,oceanic and ,atmospheric ,administration ,sec4 #haa4 ,actions to address sexual harassment at ,national ,oceanic and ,atmospheric ,administration4 ,sec4 #hab4 ,actions to address sexual assault at ,national ,oceanic and ,atmospheric ,administration4 ,sec4 #hac4 ,rights of the victim of a sexual assault4 ,sec4 #had4 ,change of station4 ,sec4 #hae4 ,applicability of policies to crews of vessels secured by ,national ,oceanic and ,atmospheric ,administration under contract4 ,sec4 #haf4 ,annual report on sexual assaults in the ,national ,oceanic and ,atmospheric ,administration4 ,sec4 #hag4 ,definition4 ,subtitle ,b--,commissioned ,officer ,corps of the ,national ,oceanic and ,atmospheric ,administration ,sec4 #hbj4 ,references to ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb4 ,,part ,i--,general provisions ,sec4 #hba4 ,strength and distribution in grade4 ,sec4 #hbb4 ,recalled officers4 ,sec4 #hbc4 ,obligated service requirement4 ,sec4 #hbd4 ,training and physical fitness4 ,sec4 #hbe4 ,recruiting materials4 ,sec4 #hbf4 ,charter vessel safety policy4 ,sec4 #hbg4 ,technical correction4 ,,part ,,ii--,parity and recruitment ,sec4 #hca4 ,education loans4 ,sec4 #hcb4 ,interest payments4 ,sec4 #hcc4 ,student pre-commissioning program4 ,sec4 #hcd4 ,limitation on educational assistance4 ,sec4 #hce4 ,applicability of certain provisions of title #aj1 ,united ,states ,code1 and extension of certain authorities applicable to members of the ,armed ,forces to commissioned officer corps4 ,sec4 #hcf4 ,applicability of certain provisions of title #cg1 ,united ,states ,code4 ,sec4 #hcg4 ,legion of ,merit award4 ,sec4 #hch4 ,prohibition on retaliatory personnel actions4 ,sec4 #hci4 ,penalties for wearing uniform without authority4 ,sec4 #hdj4 ,application of certain provisions of competitive service law4 ,sec4 #hda4 ,employment and reemployment rights4 ,sec4 #hdb4 ,treatment of commission in commissioned officer corps for purposes of certain hiring decisions4 ,sec4 #hdc4 ,direct hire authority4 ,,part ,,iii--,appointments and promotion of officers ,sec4 #hea4 ,appointments4 ,sec4 #heb4 ,personnel boards4 ,sec4 #hec4 ,delegation of authority4 ,sec4 #hed4 ,assistant ,administrator of the ,office of ,marine and ,aviation ,operations4 ,sec4 #hee4 ,temporary appointments4 ,sec4 #hef4 ,officer candidates4 ,sec4 #heg4 ,procurement of personnel4 ,,part ,,iv--,separation and retirement of officers ,sec4 #hfa4 ,involuntary retirement or separation4 ,sec4 #hfb4 ,separation pay4 ,subtitle ,c--,hydrographic services ,sec4 #hga4 ,reauthorization of ,hydrographic ,services ,improvement ,act of #aiih4 ,i ,maritime ,administration authorization #aja4 ,authorization of the maritime administration ,there are authorized to be appropriated to the ,department of ,transportation for fiscal year #bjag1 to be available without fiscal year limitation if so provided in appropriations ,acts1 for programs associated with maintaining the ,united ,states merchant marine1 the following amounts3 7#a7 ,for expenses necessary for operations of the ,united ,states ,merchant ,marine ,academy1 #ii1ijb1jjj1 of which-- 7,a7 #gd1hea1jjj shall be for ,academy operations2 and 7,b7 #be1jea1jjj shall remain available until expended for capital asset management at the ,academy4 7#b7 ,for expenses necessary to support the ,state maritime academies1 #bi1eej1jjj1 of which-- 7,a7 #b1djj1jjj shall remain available until ,september #cj1 #bjah1 for the ,student ,incentive ,program2 7,b7 #c1jjj1jjj shall remain available until expended for direct payments to such academies2 7,c7 #bb1jjj1jjj shall remain available until expended for maintenance and repair of ,state maritime academy training vessels2 7,d7 #a1hjj1jjj shall remain available until expended for training ship fuel assistance2 and 7,e7 #cej1jjj shall remain available until expended for expenses to improve the monitoring of the service obligations of graduates4 7#c7 ,for expenses necessary to support the ,national ,security ,multi-,mission ,vessel ,program1 #f1jjj1jjj1 which shall remain available until expended4 7#d7 ,for expenses necessary to support ,maritime ,administration operations and programs1 #eg1adb1jjj4 7#e7 ,for expenses necessary to dispose of vessels in the ,national ,defense ,reserve ,fleet1 #bj1jjj1jjj1 which shall remain available until expended4 7#f7 ,for the cost 7as defined in section #ejb7e7 of the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa;a7#e777 of loan guarantees under the program authorized by chapter #ecg of title #df1 ,united ,states ,code1 #c1jjj1jjj1 which shall remain available until expended for administrative expenses of the program4 #ajb4 ,maritime ,administration authorization request ,section #aji of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7k7 ,submission of annual ,maritime ,administration authorization request 7#a7 ,in general ,not later than #cj days after the date on which the ,president submits to ,congress a budget for a fiscal year pursuant to section #aaje of title #ca1 the ,maritime ,administrator shall submit a ,maritime ,administration authorization request with respect to such fiscal year to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#b7 ,defined term ,in this subsection1 the term ,maritime ,administration authorization request means a proposal for legislation that1 with respect to the ,maritime ,administration for the relevant fiscal year-- 7,a7 recommends authorizations of appropriations for that fiscal year2 and 7,b7 addresses any other matter that the ,maritime ,administrator determines is appropriate for inclusion in a ,maritime ,administration authorization bill4 4 ,,ii ,prevention of sexual harassment and assault at the ,united ,states ,merchant ,marine ,academy #bja4 ,actions to address sexual harassment and sexual assault at the ,united ,states ,merchant ,marine ,academy 7a7 ,policy ,chapter #eac of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #eacah4 ,policy on sexual harassment and sexual assault 7a7 ,required policy 7#a7 ,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 ,academy4 7#b7 ,matters to be specified in policy ,the policy on sexual harassment and sexual assault prescribed under this subsection shall include-- 7,a7 a program to promote awareness of the incidence of rape1 acquaintance rape1 and other sexual offenses of a criminal nature that involve cadets or other ,academy personnel2 7,b7 procedures that a cadet should follow in the case of an occurrence of sexual harassment or sexual assault1 including-- 7i7 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 reporting2 7ii7 specifying any other person whom the victim should contact2 and 7iii7 procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault2 7,c7 a procedure for disciplinary action in cases of alleged criminal sexual assault involving a cadet or other ,academy personnel2 7,d7 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 rape1 acquaintance rape1 or any other criminal sexual offense1 whether forcible or nonforcible2 and 7,e7 required training on the policy for all cadets and other ,academy personnel1 including the specific training required for personnel who process allegations of sexual harassment or sexual assault involving ,academy personnel4 7#c7 ,availability of policy ,the ,secretary shall ensure that the policy developed under this subsection is available to-- 7,a7 all cadets and employees of the ,academy2 and 7,b7 the public4 7#d7 ,consultation and assistance ,in developing the policy under this subsection1 the ,secretary may consult or receive assistance from such ,federal1 ,state1 local1 and national organizations and subject matter experts as the ,secretary considers appropriate4 7b7 ,development program 7#a7 ,in general ,the ,secretary of ,transportation shall ensure that the development program of the ,united ,states ,merchant ,marine ,academy includes a section that-- 7,a7 describes the relationship between honor1 respect1 and character development and the prevention of sexual harassment and sexual assault at the ,academy2 and 7,b7 includes a brief history of the problem of sexual harassment and sexual assault in the merchant marine1 in the ,armed ,forces1 and at the ,academy2 and 7,c7 includes information relating to reporting sexual harassment and sexual assault1 victims' rights1 and dismissal for offenders4 7#b7 ,training ,the ,superintendent of the ,academy shall ensure that all cadets receive the training described in paragraph 7#a7-- 7,a7 not later than #g days after their initial arrival at the ,academy2 and 7,b7 biannually thereafter until they graduate or leave the ,academy4 7c7 ,annual assessment 7#a7 ,in general ,the ,secretary of ,transportation1 in cooperation with the ,superintendent of the ,academy1 shall conduct an assessment at the ,academy during each ,academy program year to determine the effectiveness of the policies1 procedures1 and training of the ,academy with respect to sexual harassment and sexual assault involving cadets or other ,academy personnel4 7#b7 ,biennial survey ,for each assessment of the ,academy under paragraph 7#a7 during an ,academy program year that begins in an odd-numbered calendar year1 the ,secretary shall conduct a survey of cadets and other ,academy personnel-- 7,a7 to measure-- 7i7 the incidence1 during that program year1 of sexual harassment and sexual assault events1 on or off the ,academy campus1 that have been reported to officials of the ,academy2 and 7ii7 the incidence1 during that program year1 of sexual harassment and sexual assault events1 on or off the ,academy campus1 that have not been reported to officials of the ,academy2 and 7,b7 to assess the perceptions of cadets and other ,academy personnel on-- 7i7 the policies1 procedures1 and training on sexual harassment and sexual assault involving cadets or ,academy personnel2 7ii7 the enforcement of the policies described in clause 7i72 7iii7 the incidence of sexual harassment and sexual assault involving cadets or ,academy personnel2 and 7iv7 any other issues relating to sexual harassment and sexual assault involving cadets or ,academy personnel4 7#c7 ,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 7#b71 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 ,academy4 7d7 ,annual report 7#a7 ,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 year4 7#b7 ,contents ,each report submitted under paragraph 7#a7 shall include1 for the ,academy program year covered by the report-- 7,a7 the number of sexual assaults1 rapes1 and other sexual offenses involving cadets or other ,academy personnel that have been reported to ,academy officials2 7,b7 the number of the reported cases described in subparagraph 7,a7 that have been substantiated2 7,c7 the policies1 procedures1 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 personnel2 and 7,d7 a plan for the actions that will be taken in the following ,academy program year regarding prevention of1 and response to1 sexual harassment and sexual assault involving cadets or other ,academy personnel4 7#c7 ,survey and focus group results 7,a7 ,survey results ,each report under paragraph 7#a7 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 7c77#b74 7,b7 ,focus group results ,each report under paragraph 7#a7 for an ,academy program year in which the ,secretary of ,transportation is not required to conduct the survey described 7c77#b7 shall include the results of the focus group conducted in that program year under subsection 7c77#c74 7#d7 ,reporting requirement 7,a7 ,by the superintendent ,for each incident of sexual harassment or sexual assault reported to the ,superintendent under this subsection1 the ,superintendent shall provide the ,secretary of ,transportation and the ,board of ,visitors of the ,academy with a report that includes-- 7i7 the facts surrounding the incident1 except for any details that would reveal the identities of the people involved2 and 7ii7 the ,academy's response to the incident4 7,b7 ,by the secretary ,the ,secretary shall submit a copy of each report received under subparagraph 7,a7 and the ,secretary's comments on the report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 4 7b7 ,clerical amendment ,the table of sections for chapter #eac of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #eacah4 ,policy on sexual harassment and sexual assault4 4 #bjb4 ,sexual assault response coordinators and sexual assault victim advocates 7a7 ,coordinators and advocates ,chapter #eac of title #df1 ,united ,states ,code1 as amended by section #bja1 is further amended by adding at the end the following3 #eacai4 ,sexual assault response coordinators and sexual assault victim advocates 7a7 ,sexual assault response coordinators ,the ,united ,states ,merchant ,marine ,academy shall employ or contract with at least #a full-time sexual assault response coordinator who shall reside on or near the ,academy4 ,the ,secretary of ,transportation may assign additional full-time or part-time sexual assault response coordinators at the ,academy as may be necessary4 7b7 ,volunteer sexual assault victim advocates 7#a7 ,in general ,the ,secretary of ,transportation1 acting through the ,superintendent of the ,united ,states ,merchant ,marine ,academy1 shall designate #a or more permanent employees who volunteer to serve as advocates for victims of sexual assaults involving-- 7,a7 cadets of the ,academy2 or 7,b7 individuals who work with or conduct business on behalf of the ,academy4 7#b7 ,training2 other duties ,each victim advocate designated under this subsection shall-- 7,a7 have or receive training in matters relating to sexual assault and the comprehensive policy developed under section #eacah of title #df1 ,united ,states ,code1 as added by section #bja2 and 7,b7 serve as a victim advocate voluntarily1 in addition to the individual's other duties as an employee of the ,academy4 7#c7 ,primary duties ,while performing the duties of a victim advocate under this subsection1 a designated employee shall-- 7,a7 support victims of sexual assault by informing them of the rights and resources available to them as victims2 7,b7 identify additional resources to ensure the safety of victims of sexual assault2 and 7,c7 connect victims of sexual assault to an ,academy sexual assault response coordinator1 or full-time or part-time victim advocate1 who shall act as a companion in navigating investigative1 medical1 mental and emotional health1 and recovery processes relating to sexual assault4 7#d7 ,companion ,at least #a victim advocate designated under this subsection1 while performing the duties of a victim advocate1 shall act as a companion in navigating investigative1 medical1 mental and emotional health1 and recovery processes relating to sexual assault4 7#e7 ,hotline ,the ,secretary shall establish a #bd-;hour hotline through which the victim of a sexual assault can receive victim support services4 7#f7 ,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 7#c71 7#d71 and 7#e74 7#g7 ,confidentiality ,information disclosed by a victim to an advocate designated under this subsection-- 7,a7 shall be treated by the advocate as confidential2 and 7,b7 may not be disclosed by the advocate without the consent of the victim4 4 7b7 ,clerical amendment ,the table of sections for chapter #eac of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #eacai4 ,sexual assault response coordinators and sexual assault victim advocates4 4 #bjc4 ,report from the ,department of ,transportation ,inspector ,general 7a7 ,in general ,not later than ,march #ca1 #bjah1 the ,inspector ,general of the ,department of ,transportation shall submit a report to the ,committee on ,commerce1 ,science1 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 ,academy4 7b7 ,contents ,the report required under subsection 7a7 shall-- 7#a7 assess progress toward addressing any outstanding recommendations2 7#b7 include any recommendations to reduce the number of sexual assaults involving members of the ,united ,states ,merchant ,marine ,academy1 whether a member is the victim1 the alleged assailant1 or both2 7#c7 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 ,academy1 whether a members is the victim1 the alleged assailant1 or both4 7c7 ,expertise ,in compiling the report required under this section1 the inspection teams acting under the direction of the ,inspector ,general shall-- 7#a7 include at least #a member with expertise and knowledge of sexual assault prevention and response policies2 or 7#b7 consult with subject matter experts in the prevention of and response to sexual assaults4 #bjd4 ,sexual assault prevention and response working group 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,maritime ,administrator shall convene a working group to examine methods to improve the prevention of1 and response to1 any sexual harassment or sexual assault that occurs during a ,cadet's ,sea ,year experience with the ,united ,states ,merchant ,marine ,academy4 7b7 ,membership ,the ,maritime ,administrator shall designate individuals to serve as members of the working group convened pursuant to subsection 7a74 ,membership in the working group shall consist of-- 7#a7 a representative of the ,maritime ,administration1 which shall serve as chair of the working group2 7#b7 the ,superintendent of the ,academy1 or designee2 7#c7 the sexual assault response coordinator appointed under section #eacai of title #df1 ,united ,states ,code2 7#d7 a subject matter expert from the ,coast ,guard2 7#e7 a subject matter expert from the ,military ,sealift ,command2 7#f7 at least #a representative from each of the ,state maritime academies2 7#g7 at least #a representative from each private contracting party participating in the maritime security program2 7#h7 at least #a representative from each nonprofit labor organization representing a class or craft of employees employed on vessels in the ,maritime ,security ,fleet2 7#i7 at least #b representatives from approved maritime training institutions2 and 7#aj7 at least #a representative from companies that-- 7,a7 participate in sea training of ,academy cadets2 and 7,b7 do not participate in the maritime security program4 7c7 ,no quorum requirement ,the ,maritime ,administration may convene the working group without all members present4 7d7 ,responsibilities ,the working group shall-- 7#a7 evaluate options that could promote a climate of honor and respect1 and a culture that is intolerant of sexual harassment and sexual assault and those who commit it1 across the ,united ,states ,flag ,fleet2 7#b7 raise awareness of the ,united ,states ,merchant ,marine ,academy's sexual assault prevention and response program across the ,united ,states ,flag ,fleet2 7#c7 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 confidentiality2 7#d7 assess a potential program or policy1 applicable to all participants of the maritime security program1 to improve the prevention of1 and response to1 sexual harassment and sexual assault incidents2 7#e7 assess a potential program or policy1 applicable to all vessels operating in the ,united ,states ,flag ,fleet that participate in the ,maritime ,security ,fleet under section #ecaja of title #df1 ,united ,states ,code1 which carry cargos to which chapter #eca of such title applies1 or are chartered by a ,federal agency1 requiring crews to complete a sexual harassment and sexual assault prevention and response training program before the ,cadet's ,sea ,year that includes-- 7,a7 fostering a shipboard climate-- 7i7 that does not tolerate sexual harassment and sexual assault2 7ii7 in which persons assigned to vessel crews are encouraged to intervene to prevent potential incidents of sexual harassment or sexual assault2 and 7iii7 that encourages victims of sexual assault to report any incident of sexual harassment or sexual assault2 and 7,b7 understanding the needs of1 and the resources available to1 a victim after an incident of sexual harassment or sexual assault2 7#f7 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 training2 and 7#g7 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 retribution4 7e7 ,report ,not later than #ae months after the date of the enactment of this ,act1 the working group shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that includes-- 7#a7 recommendations on each of the working group's responsibilities described in subsection 7d72 7#b7 the trade-offs1 opportunities1 and challenges associated with the recommendations made in paragraph 7#a72 and 7#c7 any other information the working group determines appropriate4 ,,iii ,maritime ,administration enhancement #cja4 ,status of ,national ,defense ,reserve ,fleet vessels ,section #ddje of title #ej1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 ,vessels in the ,national ,defense ,reserve ,fleet1 including vessels loaned to ,state maritime academies1 shall be considered public vessels of the ,united ,states42 and 7#b7 by adding at the end the following3 7g7 ,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-- 7#a7 shall remain vessels 7as defined in section #c of title #a72 and 7#b7 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 ,fleet4 4 #cjb4 ,port infrastructure development ,section #ejcjb7;c77#d7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 by striking ,there are authorized and inserting the following3 7,a7 ,in general ,there are authorized 2 and 7#b7 by adding at the end the following3 7,b7 ,administrative expenses ,except as otherwise provided by law1 the ,administrator may use not more than #c percent of the amounts appropriated to carry out this section for the administrative expenses of the program4 4 #cjc4 ,use of ,state academy training vessels ,section #eaejd7;g7 of title #df1 ,united ,states ,code1 is amended to read as follows3 7g7 ,vessel sharing ,the ,secretary1 after consulting with the affected ,state maritime academies1 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-- 7#a7 is being used during a humanitarian assistance or disaster response activity2 7#b7 is incapable of being maintained in good repair as required under section #eaejd7;c7 of title #df1 ,united ,states ,code2 7#c7 requires maintenance or repair for an extended period2 7#d7 is activated as a ,national ,defense ,reserve ,fleet vessel pursuant to section #ddje of title #ej1 ,united ,states ,code2 7#e7 loses its ,coast ,guard ,certificate of ,inspection or its classification2 or 7#f7 does not comply with applicable environmental regulations4 4 #cjd4 ,state maritime academy physical standards and reporting ,section #eaejf of title #df1 ,united ,states ,code1 is amended- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking must and inserting shall2 7,b7 in paragraph 7#b71 by striking and at the end2 7,c7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7#d7 agree that any individual enrolled at such ,state maritime academy in a merchant marine officer preparation program-- 7,a7 shall1 not later than #i months after each such individual's date of enrollment1 pass an examination in form and substance satisfactory to the ,secretary that demonstrates that such individual meets the medical and physical requirements-- 7i7 required for the issuance of an original license under section #gaja2 or 7ii7 set by the ,coast ,guard for issuing merchant mariners' documentation under section #gcjb1 with no limit to his or her operational authority2 7,b7 following passage of the examination under subparagraph 7,a71 shall continue to meet the requirements or standards described in subparagraph 7,a7 throughout the remainder of their respective enrollments at the ,state maritime academy2 and 7,c7 if the individual has a medical or physical condition that disqualifies him or her from meeting the requirements or standards referred to in subparagraph 7,a71 shall be transferred to a program other than a merchant marine officer preparation program1 or otherwise appropriately disenrolled from such ,state maritime academy1 until the individual demonstrates to the ,secretary that the individual meets such requirements or standards4 2 and 7#b7 by adding at the end the following3 7c7 ,secretarial waiver authority ,the ,secretary is authorized to modify or waive any of the terms set forth in subsection 7a77#d7 with respect to any individual or ,state maritime academy4 4 #cje4 ,authority to extend certain age restrictions relating to vessels participating in the maritime security fleet 7a7 ,in general ,section #ecajb of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 ,authority for extension of maximum service age for a participating fleet vessel ,the ,secretary of ,defense1 in conjunction with the ,secretary of ,transportation1 may extend the maximum age restrictions under sections #ecaja7e77;,a77ii7 and #ecajf7;c77#c7 for a particular participating fleet vessel for up to #e years if the ,secretary of ,defense and the ,secretary of ,transportation jointly determine that such extension is in the national interest4 4 7b7 ,repeal of unnecessary age limitation ,section #ecajf7;c77#c7 of such title is amended-- 7#a7 in subparagraph 7,a71 by striking or 7,c72 and inserting 2 or2 7#b7 in subparagraph 7,b71 by striking 2 or at the end and inserting a period2 and 7#c7 by striking subparagraph 7,c74 #cjf4 ,appointments 7a7 ,in general ,section #eacjc of title #df1 ,united ,states ,code1 is amended by striking #dj and inserting #ej4 7b7 ,class profile ,not later than ,august #ca of each year1 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 ,academy4 7c7 ,contents ,each summary profile posted under subsection 7b7 shall include1 for the incoming class and for the #d classes that precede the incoming class1 the number and percentage of students-- 7#a7 by ,state2 7#b7 by country2 7#c7 by gender2 7#d7 by race and ethnicity2 and 7#e7 with prior military service4 #cjg4 ,high-speed craft classification services 7a7 ,in general ,notwithstanding section #ccaf7;a7 of title #df1 ,united ,states ,code1 the ,secretary of the ,navy may use the services of an approved classification society for only a high-speed craft that-- 7#a7 was acquired by the ,secretary from the ,maritime ,administration2 7#b7 is not a high-speed naval combatant1 patrol vessel1 expeditionary vessel1 or other special purpose military or law enforcement vessel2 7#c7 is operated for commercial purposes2 7#d7 is not operated or crewed by any department1 agency1 instrumentality1 or employee of the ,united ,states ,government2 7#e7 is not directly engaged in any mission or other operation for or on behalf of any department1 agency1 instrumentality1 or employee of the ,united ,states ,government2 and 7#f7 is not primarily designed to carry freight owned1 leased1 used1 or contracted for or by the ,united ,states ,government4 7b7 ,definition of approved classification society ,in this section1 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 #ccaf7;c7 of title #df1 ,united ,states ,code4 7c7 ,savings clause ,nothing in this section may be construed to affect the requirements under section #ccaf of title #df1 ,united ,states ,code1 for a high-speed craft that does not meet the conditions under paragraphs 7#a7 through 7#f7 of subsection 7a7 of this section4 #cjh4 ,maritime workforce working group 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 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 emergency4 7b7 ,membership ,the ,maritime ,administrator shall designate individuals to serve as members of the working group convened under subsection 7a74 ,the working group shall include1 at a minimum1 the following members3 7#a7 ,at least #a representative of the ,maritime ,administration1 who shall serve as chairperson of the working group4 7#b7 ,at least #a subject matter expert from the ,united ,states ,merchant ,marine ,academy4 7#c7 ,at least #a subject matter expert from the ,coast ,guard4 7#d7 ,at least #a subject matter expert from the ,military ,sealift ,command4 7#e7 #a subject matter expert from each of the ,state maritime academies4 7#f7 ,at least #a representative from each nonprofit labor organization representing a class or craft of employees 7licensed or unlicensed7 who are employed on vessels operating in the ,united ,states ,flag ,fleet4 7#g7 ,at least #d representatives of owners of vessels operating the in ,united ,states ,flag ,fleet1 or their private contracting parties1 which are primarily operating in non-contiguous or coastwise trades4 7#h7 ,at least #d representatives of owners of vessels operating the in ,united ,states ,flag ,fleet1 or their private contracting parties1 which are primarily operating in international transportation4 7c7 ,no quorum requirement ,the ,maritime ,administration may convene the working group without all members present4 7d7 ,responsibilities ,the working group shall-- 7#a7 identify the number of ,united ,states citizen mariners-- 7,a7 in total2 7,b7 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 ,training1 ,certification and ,watchkeeping for ,seafarers1 #aigh1 as amended2 7,c7 that are involved in ,federal programs that support the ,united ,states ,merchant ,marine and ,united ,states ,flag ,fleet2 7,d7 that are available to crew the ,united ,states ,flag ,fleet and the surge sealift fleet in times of a national emergency2 7,e7 that are full-time mariners2 7,f7 that have sailed in the prior #ah months2 and 7,g7 that are primarily operating in non-contiguous or coastwise trades2 7#b7 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 to1 or required to fulfill1 certain maritime positions based on the overall needs of the ,united ,states ,merchant ,marine2 7#c7 assess the ,coast ,guard ,merchant ,mariner ,licensing and ,documentation ,system1 which tracks merchant mariner credentials and medical certificates1 and its accessibility and value to the ,maritime ,administration for the purposes of evaluating the pool of ,united ,states citizen mariners2 and 7#d7 make recommendations to enhance the availability and quality of interagency data1 including data from the ,united ,states ,transportation ,command1 the ,coast ,guard1 and the ,bureau of ,transportation ,statistics1 for use by the ,maritime ,administration for evaluating the pool of ,united ,states citizen mariners4 7e7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,transportation shall submit a report to the ,committee on ,commerce1 ,science1 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 section1 including-- 7#a7 the number of ,united ,states citizen mariners identified for each category described in subparagraphs 7,a7 through 7,g7 of subsection 7d77#a72 7#b7 the results of the assessments conducted under paragraphs 7#b7 and 7#c7 of subsection 7d72 and 7#c7 the recommendations made under subsection 7d77#d74 #cji4 ,vessel disposal program 7a7 ,annual report ,not later than ,january #a of each year1 the ,administrator of the ,maritime ,administration shall submit to the ,committee on ,commerce1 ,science1 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 ,administration4 7b7 ,contents ,the report under subsection 7a7 shall include-- 7#a7 the total amount of funds credited in the prior fiscal year to-- 7,a7 the ,vessel ,operations ,revolving ,fund established by section #ejcja7;a7 of title #df1 ,united ,states ,code2 and 7,b7 any other account attributable to the vessel disposal program of the ,maritime ,administration2 7#b7 the balance of funds available at the end of that fiscal year in-- 7,a7 the ,vessel ,operations ,revolving ,fund2 and 7,b7 any other account described in paragraph 7#a77;,b72 7#c7 in consultation with the ,secretary of the ,interior1 the total number of-- 7,a7 grant applications under the ,national ,maritime ,heritage ,grants ,program in the prior fiscal year2 and 7,b7 the applications under subparagraph 7,a7 that were approved by the ,secretary of the ,interior1 acting through the ,national ,maritime ,initiative of the ,national ,park ,service2 7#d7 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 obligated1 including the information described in paragraphs 7#a7 through 7#c7 of section #cjhgjc7;j7 of title #ed1 ,united ,states ,code2 and 7#e7 a detailed description of the funds credited to and distributions from the ,vessel ,operations ,revolving ,funds in the prior fiscal year4 7c7 ,assessments 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and biennially thereafter1 the ,administrator shall assess the vessel disposal program of the ,maritime ,administration4 7#b7 ,contents ,each assessment under paragraph 7#a7 shall include-- 7,a7 an inventory of each vessel1 subject to a disposal agreement1 for which the ,maritime ,administration acts as the disposal agent1 including-- 7i7 the age of the vessel2 and 7ii7 the name of the ,federal agency with which the ,maritime ,administration has entered into a disposal agreement2 7,b7 a description of each vessel of a ,federal agency that may meet the criteria for the ,maritime ,administration to act as the disposal agent1 including-- 7i7 the age of the vessel2 and 7ii7 the name of the applicable ,federal agency2 7,c7 the ,maritime ,administration's plan to serve as the disposal agent1 as appropriate1 for the vessels described in subparagraph 7,b72 and 7,d7 any other information related to the vessel disposal program that the ,administrator determines appropriate4 7d7 ,cessation of effectiveness ,this section ceases to be effective on the date that is #e years after the date of enactment of this ,act4 #caj4 ,maritime extreme weather task force 7a7 ,establishment of task force ,not later than #ae days after the date of enactment of this ,act1 the ,secretary of ,transportation shall establish a task force to analyze the impact of extreme weather events1 such as in the maritime environment 7referred to in this section as the ,task ,force74 7b7 ,membership ,the ,task ,force shall be composed of-- 7#a7 the ,secretary or the ,secretary's designee2 and 7#b7 a representative of-- 7,a7 the ,coast ,guard2 7,b7 the ,national ,oceanic and ,atmospheric ,administration2 7,c7 the ,federal ,maritime ,commission2 and 7,d7 such other ,federal agency or independent commission as the ,secretary considers appropriate4 7c7 ,report 7#a7 ,in general ,except as provided in paragraph 7#d71 not later than #ahj days after the date it is established under subsection 7a71 the ,task ,force shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on the analysis under subsection 7a74 7#b7 ,contents ,the report under paragraph 7#a7 shall include-- 7,a7 an identification of available weather prediction1 monitoring1 and routing technology resources2 7,b7 an identification of industry best practices relating to response to1 and prevention of marine casualties from1 extreme weather events2 7,c7 a description of how the resources described in subparagraph 7,a7 are used in the various maritime sectors1 including by passenger and cargo vessels2 7,d7 recommendations for improving maritime response operations to extreme weather events and preventing marine casualties from extreme weather events1 such as promoting the use of risk communications and the technologies identified under subparagraph 7,a72 and 7,e7 recommendations for any legislative or regulatory actions for improving maritime response operations to extreme weather events and preventing marine casualties from extreme weather events4 7#c7 ,publication ,the ,secretary shall make the report under paragraph 7#a7 and any notification under paragraph 7#d7 publicly accessible in an electronic format4 7#d7 ,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 weather4 7d7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 #caa4 ,penalty wages 7a7 ,foreign and intercoastal voyages ,section #ajcac7;g7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by striking all claims in a class action suit by seamen and inserting each claim by a seaman2 and 7,b7 by striking the seamen and inserting the seaman2 and 7#b7 in paragraph 7#c7-- 7,a7 by striking class action2 and 7,b7 in subparagraph 7,b71 by striking 1 by a seaman who is a claimant in the suit1 and inserting by the seaman4 7b7 ,coastwise voyages ,section #ajejd7;c7 of such title is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by striking all claims in a class action suit by seamen and inserting each claim by a seaman2 and 7,b7 by striking the seamen and inserting the seaman2 and 7#b7 in paragraph 7#c7-- 7,a7 by striking class action2 and 7,b7 in subparagraph 7,b71 by striking 1 by a seaman who is a claimant in the suit1 and inserting by the seaman4 #cab4 ,recourse for noncitizens ,section #cjajd of title #df1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7a7 ,in general4-- before the first sentence2 and 7#b7 by adding at the end the following3 7b7 ,restriction on recovery for nonresident aliens employed on foreign passenger vessels ,a claim for damages or expenses relating to personal injury1 illness1 or death of a seaman who is a citizen of a foreign nation1 arising during or from the engagement of the seaman by or for a passenger vessel duly registered under the laws of a foreign nation1 may not be brought under the laws of the ,united ,states if-- 7#a7 such seaman was not a permanent resident alien of the ,united ,states at the time the claim arose2 7#b7 the injury1 illness1 or death arose outside the territorial waters of the ,united ,states2 and 7#c7 the seaman or the seaman's personal representative has or had a right to seek compensation for the injury1 illness1 or death in1 or under the laws of-- 7,a7 the nation in which the vessel was registered at the time the claim arose2 or 7,b7 the nation in which the seaman maintained citizenship or residency at the time the claim arose4 7c7 ,compensation defined ,as used in subsection 7b71 the term compensation means-- 7#a7 a statutory workers' compensation remedy that complies with ,standard ,a#d4b of ,regulation #d4b of the ,maritime ,labour ,convention1 #bjjf2 or 7#b7 in the absence of the remedy described in paragraph 7#a71 a legal remedy that complies with ,standard ,a#d4b of ,regulation #d4b of the ,maritime ,labour ,convention1 #bjjf1 that permits recovery for lost wages1 pain and suffering1 and future medical expenses4 4 #cac4 ,floating dry docks ,section #eeabb7;a77#a77;,c7 of title #df1 ,united ,states ,code1 is amended by striking the date of the enactment of the ,carl ,levin and ,howard ,p4 ,buck ,mc,keon ,national ,defense ,authorization ,act for ,fiscal ,year #bjae and inserting ,december #ai1 #bjag4 ,,iv ,implementation of workforce management improvements #dja4 ,workforce plans and onboarding policies 7a7 ,workforce plans ,not later than #i months after the date of the enactment of this ,act1 the ,maritime ,administrator shall review the ,maritime ,administration's workforce plans1 including its ,strategic ,human ,capital ,plan and ,leadership ,succession ,plan1 and fully implement competency models for mission-critical occupations1 including-- 7#a7 leadership positions2 7#b7 human resources positions2 and 7#c7 transportation specialist positions4 7b7 ,onboarding policies ,not later than #i months after the date of the enactment of this ,act1 the ,administrator shall-- 7#a7 review the ,maritime ,administration's policies related to new hire orientation1 training1 and misconduct policies2 7#b7 align the onboarding policies and procedures at headquarters and the field offices to ensure consistent implementation and provision of critical information across the ,maritime ,administration2 and 7#c7 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 repository4 7c7 ,onboarding policies ,not later than #a year after the date of the enactment of this ,act1 the ,administrator shall submit a report to the ,committee on ,commerce1 ,science1 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 section4 #djb4 ,drug and alcohol policy 7a7 ,review ,not later than #i months after the date of the enactment of this ,act1 the ,maritime ,administrator shall-- 7#a7 review the ,maritime ,administration's drug and alcohol policies1 procedures1 and training practices2 7#b7 ensure that all fleet managers have received training on the ,department of ,transportation's drug and alcohol policy1 including the testing procedures used by the ,department and the ,maritime ,administration in cases of reasonable suspicion2 and 7#c7 institute a system for tracking all drug and alcohol policy training conducted under paragraph 7#b7 in a standardized training repository4 7b7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,administrator shall submit a report to the ,committee on ,commerce1 ,science1 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 section4 #djc4 ,vessel transfers ,not later than #i months after the date of the enactment of this ,act1 the ,maritime ,administrator shall submit a report to the ,committee on ,commerce1 ,science1 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 transfer1 including-- 7#a7 a summary of the actions taken to update the ,vessel ,transfer ,office procedures manual to reflect the current range of program responsibilities and processes2 and 7#b7 a copy of the updated ,vessel ,transfer ,office procedures to process vessel transfer applications4 ,v ,technical amendments #eja4 ,clarifying amendment2 continuation boards ,section #bij7;a7 of title #ad1 ,united ,states ,code1 is amended by striking five officers serving in the grade of vice admiral and inserting #e officers 7other than the ,commandant7 serving in the grade of admiral or vice admiral4 #ejb4 ,prospective payment of funds necessary to provide medical care 7a7 ,in general ,chapter #ac of title #ad1 ,united ,states ,code1 is amended by adding at the end the following3 #ebj4 ,prospective payment of funds necessary to provide medical care 7a7 ,prospective payment required ,in lieu of the reimbursement required under section #ajhe of title #aj1 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-- 7#a7 that the ,department of ,defense shall provide to members of the ,coast ,guard1 former members of the ,coast ,guard1 and dependents of such members and former members 7other 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 ,fund7 at facilities under the jurisdiction of the ,department of ,defense or a military department2 and 7#b7 for which a reimbursement would otherwise be made under such section #ajhe4 7b7 ,amount ,the amount of the prospective payment under subsection 7a7-- 7#a7 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 dependents2 7#b7 shall be derived from amounts appropriated for retired pay for treatment or care provided to former members of the ,coast ,guard and their dependents2 7#c7 shall be determined under procedures established by the ,secretary of ,defense2 7#d7 shall be paid during the fiscal year in which treatment or care is provided2 and 7#e7 shall be subject to adjustment or reconciliation1 as the ,secretary of ,homeland ,security and the ,secretary of ,defense jointly determine appropriate1 during or promptly after such fiscal year if the prospective payment is determined excessive or insufficient based on the services actually provided4 7c7 ,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 ,navy4 7d7 ,relationship to ,,tricare ,this section shall not be construed to require a payment for1 or the prospective payment of an amount that represents the value of1 treatment or care provided under any ,,tricare program4 4 7b7 ,clerical amendment ,the analysis for chapter #ac of title #ad1 ,united ,states ,code1 is amended by adding at the end the following3 #ebj4 ,prospective payment of funds necessary to provide medical care4 4 7c7 ,repeal ,section #bag of the ,coast ,guard ,authorization ,act of #bjaf 7,public ,law #aad-abj7 and the item relating to that section in the table of contents in section #b of such ,act1 are repealed4 #ejc4 ,technical corrections to title #df1 ,united ,states ,code 7a7 ,in general ,title #df1 ,united ,states ,code1 is amended-- 7#a7 in section #dejc7;f77#b71 by striking that after necessary12 and 7#b7 in section #geaj7;c7-- 7,a7 in paragraph 7#a77;,d71 by striking engine and inserting engineer2 and 7,b7 in paragraph 7#i71 by inserting a period after ,app4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the date of the enactment of the ,coast ,guard ,authorization ,act of #bjae 7,public ,law #aad-abj74 #ejd4 ,coast ,guard use of the ,pribilof ,islands 7a7 ,in general ,section #ebb7;a77#a7 of the ,pribilof ,island ,transition ,completion ,act of #bjae 7subtitle ,b of title ,v of ,public ,law #aad-abj7 is amended by striking ,lots and inserting ,not later than #cj days after the date of the enactment of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag1 lots4 7b7 ,report ,not later than #fj days after the date of the enactment of the ,maritime ,administration ,authorization and ,enhancement ,act for ,fiscal ,year #bjag1 the ,secretary of the department in which the ,coast ,guard is operating shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,natural ,resources of the ,house of ,representatives1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that describes-- 7#a7 the ,coast ,guard's use of ,tracts #dc and #ci1 located on ,st4 ,paul ,island1 ,alaska1 since operation of the ,,loran-,c system was terminated2 7#b7 the ,coast ,guard's plans for using the tracts described in paragraph 7#a7 during fiscal years #bjaf1 #bjag1 and #bjah2 and 7#c7 the ,coast ,guard's plans for using the tracts described in paragraph 7#a7 and other facilities on ,st4 ,paul ,island after fiscal year #bjah4 ,,vi ,polar ,icebreaker ,fleet ,recapitalization ,transparency ,act #fja4 ,short title ,this title may be cited as the ,polar ,icebreaker ,fleet ,recapitalization ,transparency ,act4 #fjb4 ,definitions ,in this title3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#b7 ,secretary ,except as otherwise specifically provided1 the term ,secretary means the ,secretary of the department in which the ,coast ,guard is operating4 #fjc4 ,authority for polar icebreaker acquisition 7a7 ,authority ,the ,secretary is authorized to carry out design and construction activities for the acquisition of new heavy polar icebreakers4 7b7 ,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 7a71 including procurement of systems and equipment4 7c7 ,interagency financing ,the ,secretary is authorized to participate in interagency financing1 including receiving appropriated funds from other agencies or departments of the ,united ,states1 to carry out this section4 7d7 ,authorization of appropriations ,of the amounts authorized to be appropriated for fiscal year #bjag under section #bgjb7b7 of title #ad1 ,united ,states ,code1 #aej1jjj1jjj are authorized to be available to the ,secretary to carry out this section4 #fjd4 ,polar icebreaker recapitalization plan 7a7 ,requirement ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of the ,navy1 shall submit to the appropriate committees of ,congress1 a detailed recapitalization plan to meet the #bjac ,department of ,homeland ,security ,mission ,need ,statement4 7b7 ,contents ,the plan required by subsection 7a7 shall-- 7#a7 detail the number of heavy and medium polar icebreakers required to meet ,coast ,guard statutory missions in the polar regions2 7#b7 identify the vessel specifications1 capabilities1 systems1 equipment1 and other details required for the design of heavy polar icebreakers capable of fulfilling the mission requirements of the ,coast ,guard and the ,navy1 and the requirements of other agencies and department of the ,united ,states1 as the ,secretary determines appropriate2 7#c7 list the specific appropriations required for the acquisition of each icebreaker1 for each fiscal year1 until the full fleet is recapitalized2 7#d7 describe the potential savings of serial acquisition for new polar class icebreakers1 including specific schedule and acquisition requirements needed to realize such savings2 7#e7 describe any polar icebreaking capacity gaps that may arise based on the current fleet and current procurement outlook2 and 7#f7 describe any additional polar icebreaking capability gaps due to any further delay in procurement schedules4 #fje4 ,,gao report icebreaking capability in the ,united ,states 7a7 ,requirement ,not later than #f months after the date of the enactment of this ,act1 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 fleet4 7b7 ,contents ,the report required by subsection 7a7 shall include-- 7#a7 an analysis of the icebreaking assets in operation in the ,united ,states and a description of the missions completed by such assets2 7#b7 an analysis of how such assets and the capabilities of such assets are consistent1 or inconsistent1 with the polar icebreaking mission requirements described in the #bjac ,department of ,homeland ,security ,mission ,need ,statement1 the ,naval ,operations ,concept #bjaj1 or other military and civilian governmental missions in the ,united ,states2 7#c7 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 assets2 7#d7 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 region2 and 7#e7 a description of the policy1 financial1 and other barriers that have prevented timely recapitalization of the ,coast ,guard polar icebreaking fleet and recommendations to overcome such barriers1 including potential international fee-based models used to compensate governments for icebreaking escorts or maintenance of maritime routes4 ,,vii ,vessel ,incidental ,discharge ,act #gja4 ,short title ,this title may be cited as the ,vessel ,incidental ,discharge ,act4 #gjb4 ,findings2 purpose 7a7 ,findings ,congress makes the following findings3 7#a7 ,since the enactment of the ,act to ,prevent ,pollution from ,ships 7#bb ,u4,s4,c4 #aija et seq47 in #aihj1 the ,united ,states ,coast ,guard has been the principal ,federal authority charged with administering1 enforcing1 and prescribing regulations relating to the discharge of pollutants from vessels engaged in maritime commerce and transportation4 7#b7 ,the ,coast ,guard estimates there are approximately #ab1jjj1jjj ,state-registered recreational vessels1 #ge1jjj commercial fishing vessels1 and #cc1jjj freight and tank barges operating in ,united ,states waters4 7#c7 ,from #aigc to #bjje1 certain discharges incidental to the normal operation of a vessel were exempted by regulation from otherwise applicable permitting requirements4 7#d7 ,during the #cb years during which this regulatory exemption was in effect1 ,congress enacted several statutes to deal with the regulation of discharges incidental to the normal operation of a vessel1 including-- 7,a7 the ,act to ,prevent ,pollution from ,ships 7#cc ,u4,s4,c4 #aija et seq47 in #aihj2 7,b7 the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij 7#af ,u4,s4,c4 #dgja et seq472 7,c7 the ,national ,invasive ,species ,act of #aiif 7#aaj ,stat4 #djgc72 7,d7 section #dae of the ,coast ,guard ,authorization ,act of #aiih 7#aab ,stat4 #cdcd7 and section #fbc of the ,coast ,guard and ,maritime ,transportation ,act of #bjjd 7#cc ,u4,s4,c4 #aija note71 which established interim and permanent requirements1 respectively1 for the regulation of vessel discharges of certain bulk cargo residue2 7,e7 title ,,xiv of division ,b of ,appendix ,d of the ,consolidated ,appropriations ,act1 #bjja 7#aad ,stat4 #bgfc71 which prohibited or limited certain vessel discharges in certain areas of ,alaska2 7,f7 section #bjd of the ,maritime ,transportation ,security ,act of #bjjb 7#cc ,u4,s4,c4 #aijb;a71 which established requirements for the regulation of vessel discharges of agricultural cargo residue material in the form of hold washings2 7,g7 title ,x of the ,coast ,guard ,authorization ,act of #bjaj 7#cc ,u4,s4,c4 #chja et seq471 which provided for the implementation of the ,international ,convention on the ,control of ,harmful ,anti-,fouling ,systems on ,ships1 #bjja2 and 7,h7 the amendment made by section #b of the ,clean ,boating ,act of #bjjh adding subsection 7r7 to section #djb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7r771 which exempts recreational vessels from ,national ,pollutant ,discharge ,elimination ,system permit requirements4 7b7 ,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 vessel4 #gjc4 ,definitions ,in this title3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,aquatic nuisance species ,the term aquatic nuisance species means a nonindigenous species 7including a pathogen7 that threatens the diversity or abundance of native species or the ecological stability of navigable waters or commercial1 agricultural1 aquacultural1 or recreational activities dependent on such waters4 7#c7 ,ballast water 7,a7 ,in general ,the term ballast water means any water and water-suspended matter taken aboard a vessel-- 7i7 to control or maintain trim1 list1 draught1 stability1 or stresses of the vessel2 or 7ii7 during the cleaning1 maintenance1 or other operation of a ballast water treatment technology of the vessel4 7,b7 ,exclusions ,the term ballast water does not include any substance that is added to water described in subparagraph 7,a7 that is not directly related to the operation of a properly functioning ballast water treatment technology under this title4 7#d7 ,ballast water discharge standard ,the term ballast water discharge standard means the numerical ballast water discharge standard set forth in section #aea4bjcj of title #cc1 ,code of ,federal ,regulations or section #aea4aeaa of title #cc1 ,code of ,federal ,regulations1 as applicable1 or a revised numerical ballast water discharge standard established under subsection 7a77#a77;,b71 7b71 or 7c7 of section #gje4 7#e7 ,ballast water management system2 management system ,the terms ballast water management system and management system mean any system1 including all ballast water treatment equipment and associated control and monitoring equipment1 used to process ballast water to kill1 remove1 render harmless1 or avoid the uptake or discharge of organisms4 7#f7 ,biocide ,the term biocide means a substance or organism1 including a virus or fungus1 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 title4 7#g7 ,discharge incidental to the normal operation of a vessel 7,a7 ,in general ,the term discharge incidental to the normal operation of a vessel means-- 7i7 a discharge into navigable waters from a vessel of-- 7,i7 7aa7 ballast water1 graywater1 bilge water1 cooling water1 oil water separator effluent1 anti-fouling hull coating leachate1 boiler or economizer blowdown1 byproducts from cathodic protection1 controllable pitch propeller and thruster hydraulic fluid1 distillation and reverse osmosis brine1 elevator pit effluent1 firemain system effluent1 freshwater layup effluent1 gas turbine wash water1 motor gasoline and compensating effluent1 refrigeration and air condensate effluent1 seawater pumping biofouling prevention substances1 boat engine wet exhaust1 sonar dome effluent1 exhaust gas scrubber washwater1 or stern tube packing gland effluent2 or 7bb7 any other pollutant associated with the operation of a marine propulsion system1 shipboard maneuvering system1 habitability system1 or installed major equipment1 or from a protective1 preservative1 or absorptive application to the hull of a vessel2 7,,ii7 weather deck runoff1 deck wash1 aqueous film forming foam effluent1 chain locker effluent1 non-oily machinery wastewater1 underwater ship husbandry effluent1 welldeck effluent1 or fish hold and fish hold cleaning effluent2 or 7,,iii7 any effluent from a properly functioning marine engine2 or 7ii7 a discharge of a pollutant into navigable waters in connection with the testing1 maintenance1 or repair of a system1 equipment1 or engine described in subclause 7,i77bb7 or 7,,iii7 of clause 7i7 whenever the vessel is waterborne4 7,b7 ,exclusions ,the term discharge incidental to the normal operation of a vessel does not include-- 7i7 a discharge into navigable waters from a vessel of-- 7,i7 rubbish1 trash1 garbage1 incinerator ash1 or other such material discharged overboard2 7,,ii7 oil or a hazardous substance as those terms are defined in section #caa of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba72 7,,iii7 sewage as defined in section #cab7;a77#f7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acbb7;a77#f772 or 7,,iv7 graywater referred to in section #cab7;a77#f7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acbb7;a77#f772 7ii7 an emission of an air pollutant resulting from the operation onboard a vessel of a vessel propulsion system1 motor driven equipment1 or incinerator2 or 7iii7 a discharge into navigable waters from a vessel when the vessel is operating in a capacity other than as a means of transportation on water4 7#h7 ,geographically limited area ,the term geographically limited area means an area-- 7,a7 with a physical limitation1 including limitation by physical size and limitation by authorized route such as the ,great ,lakes and ,st4 ,lawrence ,river1 that prevents a vessel from operating outside the area1 as determined by the ,secretary2 or 7,b7 that is ecologically homogeneous1 as determined by the ,secretary1 in consultation with the heads of other ,federal departments or agencies as the ,secretary considers appropriate4 7#i7 ,manufacturer ,the term manufacturer means a person engaged in the manufacture1 assemblage1 or importation of ballast water treatment technology4 7#aj7 ,navigable waters ,the term navigable waters has the meaning given the term in section #b4cf of title #cc1 ,code of ,federal ,regulations1 as in effect on the date of the enactment of this ,act4 7#aa7 ,secretary ,the term ,secretary means the ,secretary of the department in which the ,coast ,guard is operating4 7#ab7 ,vessel ,the term vessel means every description of watercraft or other artificial contrivance used1 or practically or otherwise capable of being used1 as a means of transportation on water4 #gjd4 ,regulation and enforcement 7a7 ,in general 7#a7 ,establishment ,the ,secretary1 in consultation with the ,administrator1 shall establish1 implement1 and enforce uniform national standards and requirements for the regulation of discharges incidental to the normal operation of a vessel4 7#b7 ,basis ,except as provided under paragraph 7#c71 the standards and requirements established under paragraph 7#a7-- 7,a7 with respect to ballast water1 shall be based upon the best available technology that is economically achievable2 7,b7 with respect to discharges incidental to the normal operation of a vessel other than ballast water1 shall be based on best management practices 7including practices1 limitations1 or concentrations72 and 7,c7 shall supersede any permitting requirement or prohibition on discharges incidental to the normal operation of a vessel under any other provision of law4 7#c7 ,rule of construction ,the standards and requirements established under paragraph 7#a7 shall not supersede regulations1 in place on the date of the enactment of this ,act or established by a rulemaking proceeding after such date of enactment1 which cover a discharge in a national marine sanctuary or in a marine national monument4 7b7 ,administration and enforcement ,the ,secretary shall administer and enforce the uniform national standards and requirements under this title4 ,each ,state may enforce the uniform national standards and requirements under this title4 7c7 ,sanctions 7#a7 ,civil penalties 7,a7 ,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 #be1jjj4 ,each day of a continuing violation constitutes a separate violation4 7,b7 ,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 #aj1jjj4 ,each day of a continuing violation constitutes a separate violation4 7,c7 ,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 violation4 7#b7 ,criminal penalties 7,a7 ,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 #ajj1jjj1 imprisonment for not more than #b years1 or both4 7,b7 ,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 #ej1jjj1 imprisonment for not more than #a year1 or both4 7#c7 ,revocation of clearance ,the ,secretary is authorized to withhold or revoke the clearance of a vessel required under section #fjaje of title #df1 ,united ,states ,code1 if the owner or operator of the vessel is in violation of a regulation issued pursuant to this ,act4 7#d7 ,exception to sanctions ,it shall be an affirmative defense to any charge of a violation of this title that compliance with this title would1 because of adverse weather1 equipment failure1 or any other relevant condition1 have threatened the safety or stability of a vessel1 its crew1 or its passengers4 #gje4 ,uniform national standards and requirements for the regulation of discharges incidental to the normal operation of a vessel 7a7 ,requirements 7#a7 ,ballast water management requirements 7,a7 ,in general ,notwithstanding any other provision of law1 the requirements set forth in the final rule1 ,standards for ,living ,organisms in ,ships' ,ballast ,water ,discharged in ,u4,s4 ,waters 7#gg ,fed4 ,reg4 #agbed 7,march #bc1 #bjab71 as corrected at #gg ,fed4 ,reg4 #ccifi 7,june #h1 #bjab771 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 7b7 or adopts a more stringent standard under subparagraph 7,b74 7,b7 ,adoption of more stringent standard ,if the ,secretary makes a determination in favor of a ,state petition under section #faj1 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 7,a74 7#b7 ,initial management requirements for discharges other than ballast water ,not later than #b years after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,administrator1 shall issue a final rule establishing best management practices for discharges incidental to the normal operation of a vessel other than ballast water4 7b7 ,revised ballast water discharge standard2 #h-,year review 7#a7 ,in general ,subject to the feasibility review under paragraph 7#b71 not later than ,january #a1 #bjbd1 the ,secretary1 in consultation with the ,administrator1 shall issue a final rule revising the ballast water discharge standard under subsection 7a77#a7 so that a ballast water discharge incidental to the normal operation of a vessel will contain-- 7,a7 less than #a organism that is living or has not been rendered harmless per #aj cubic meters that is #ej or more micrometers in minimum dimension2 7,b7 less than #a organism that is living or has not been rendered harmless per #aj milliliters that is less than #ej micrometers in minimum dimension and more than #aj micrometers in minimum dimension2 7,c7 concentrations of indicator microbes that are less than-- 7i7 #a colony-forming unit of toxicogenic ,vibrio cholera 7serotypes ,o#a and ,o#aci7 per #ajj milliliters or less than #a colony-forming unit of that microbe per gram of wet weight of zoological samples2 7ii7 #abf colony-forming units of ,escherichia coli per #ajj milliliters2 and 7iii7 #cc colony-forming units of intestinal enterococci per #ajj milliliters2 and 7,d7 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 appropriate4 7#b7 ,feasibility review 7,a7 ,in general ,not less than #b years before ,january #a1 #bjbd1 the ,secretary1 in consultation with the ,administrator1 shall complete a review to determine the feasibility of achieving the revised ballast water discharge standard under paragraph 7#a74 7,b7 ,criteria for review of ballast water discharge standard ,in conducting a review under subparagraph 7,a71 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 species1 taking into account-- 7i7 improvements in the scientific understanding of biological and ecological processes that lead to the introduction or establishment of aquatic nuisance species2 7ii7 improvements in ballast water management systems1 including-- 7,i7 the capability of such management systems to achieve a revised ballast water discharge standard2 7,,ii7 the effectiveness and reliability of such management systems in the shipboard environment2 7,,iii7 the compatibility of such management systems with the design and operation of a vessel by class1 type1 and size2 7,,iv7 the commercial availability of such management systems2 and 7,v7 the safety of such management systems2 7iii7 improvements in the capabilities to detect1 quantify1 and assess the viability of aquatic nuisance species at the concentrations under consideration2 7iv7 the impact of ballast water management systems on water quality2 and 7v7 the costs1 cost-effectiveness1 and impacts of-- 7,i7 a revised ballast water discharge standard1 including the potential impacts on shipping1 trade1 and other uses of the aquatic environment2 and 7,,ii7 maintaining the existing ballast water discharge standard1 including the potential impacts on water-related infrastructure1 recreation1 propagation of native fish1 shellfish1 and wildlife1 and other uses of navigable waters4 7,c7 ,lower revised discharge standard 7i7 ,in general ,if the ,secretary1 in consultation with the ,administrator1 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 #gjf to comply with the revised ballast water discharge standard under paragraph 7#a71 the ,secretary shall require the use of the management system that achieves the performance levels of the best available technology that is economically achievable4 7ii7 ,implementation deadline ,if the ,secretary1 in consultation with the ,administrator1 determines that the management system under clause 7i7 cannot be implemented before the implementation deadline under paragraph 7#c7 with respect to a class of vessels1 the ,secretary shall extend the implementation deadline for that class of vessels for not more than #cf months4 7iii7 ,compliance ,if the implementation deadline under paragraph 7#c7 is extended1 the ,secretary shall recommend action to ensure compliance with the extended implementation deadline under clause 7ii74 7,d7 ,higher revised discharge standard 7i7 ,in general ,if the ,secretary1 in consultation with the ,administrator1 determines that a ballast water management system exists that exceeds the revised ballast water discharge standard under paragraph 7#a7 with respect to a class of vessels and is the best available technology that is economically achievable1 the ,secretary shall revise the ballast water discharge standard for that class of vessels to incorporate the higher discharge standard4 7ii7 ,implementation deadline ,if the ,secretary1 in consultation with the ,administrator1 determines that the management system under clause 7i7 can be implemented before the implementation deadline under paragraph 7#c7 with respect to a class of vessels1 the ,secretary shall accelerate the implementation deadline for that class of vessels4 ,if the implementation deadline under paragraph 7#c7 is accelerated1 the ,secretary shall provide not less than #bd months notice before the accelerated deadline takes effect4 7#c7 ,implementation deadline ,the revised ballast water discharge standard under paragraph 7#a7 shall apply to a vessel beginning on the date of the first drydocking of the vessel on or after ,january #a1 #bjbd1 but not later than ,december #ca1 #bjbf4 7#d7 ,revised discharge standard compliance deadlines 7,a7 ,in general ,the ,secretary may establish a compliance deadline for compliance by a vessel 7or a class1 type1 or size of vessel7 with a revised ballast water discharge standard under this subsection4 7,b7 ,process for granting extensions ,in issuing regulations under this subsection1 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 operator4 7,c7 ,period of extensions ,an extension issued under subparagraph 7,b7 may be for a period of not to exceed #ah months from the date of the applicable deadline under subparagraph 7,a7 and may be renewed for additional periods of not to exceed #ah months each1 except that the total period of extension may not exceed #e years4 7,d7 ,factors ,in issuing a compliance deadline or reviewing a petition under this paragraph1 the ,secretary shall consider1 with respect to the ability of an owner or operator to meet a compliance deadline1 the following factors3 7i7 ,whether the management system to be installed is available in sufficient quantities to meet the compliance deadline4 7ii7 ,whether there is sufficient shipyard or other installation facility capacity4 7iii7 ,whether there is sufficient availability of engineering and design resources4 7iv7 ,vessel characteristics1 such as engine room size1 layout1 or a lack of installed piping4 7v7 ,electric power generating capacity aboard the vessel4 7vi7 ,safety of the vessel and crew4 7vii7 ,any other factors the ,secretary considers appropriate1 including the availability of a ballast water reception facility or other means of managing ballast water4 7,e7 ,consideration of petitions 7i7 ,determinations ,the ,secretary shall approve or deny a petition for an extension of a compliance deadline submitted by an owner or operator under this paragraph4 7ii7 ,deadline ,if the ,secretary does not approve or deny a petition referred to in clause 7i7 on or before the last day of the #ij-;day period beginning on the date of submission of the petition1 the petition shall be deemed approved4 7c7 ,future revisions of vessel incidental discharge standards2 decennial reviews 7#a7 ,revised ballast water discharge standards ,the ,secretary1 in consultation with the ,administrator1 shall complete a review1 #aj years after the issuance of a final rule under subsection 7b7 and every #aj years thereafter1 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 species4 7#b7 ,revised standards for discharges other than ballast water ,the ,secretary1 in consultation with the ,administrator1 may include in a decennial review under this subsection best management practices for discharges 7including practices1 limitations1 or concentrations7 covered by subsection 7a77#b74 ,the ,secretary shall initiate a rulemaking to revise #a or more best management practices for such discharges after a decennial review if the ,secretary1 in consultation with the ,administrator1 determines that revising #a 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 water4 7#c7 ,considerations ,in conducting a review under paragraph 7#a71 the ,secretary1 the ,administrator1 and the heads of other ,federal agencies as the ,secretary considers appropriate1 shall consider the criteria under section #gje7;b77#b77;,b74 7#d7 ,revision after decennial review ,the ,secretary shall initiate a rulemaking to revise the current ballast water discharge standard after a decennial review if the ,secretary1 in consultation with the ,administrator1 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 species4 7d7 ,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 7including flow-through exchange1 empty_/refill exchange1 and transfer to treatment facilities in place of a vessel ballast water management system required under this section7 if the ,secretary1 in consultation with the ,administrator1 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 standard4 7e7 ,great ,lakes requirements ,in addition to the other standards and requirements imposed by this section1 in the case of a vessel that enters the ,great ,lakes through the ,st4 ,lawrence ,river after operating outside the exclusive economic zone of the ,united ,states the ,secretary1 in consultation with the ,administrator1 shall establish a requirement that the vessel conduct saltwater flushing of all ballast water tanks onboard prior to entry4 #gjf4 ,treatment technology certification 7a7 ,certification required ,no manufacturer of a ballast water management system shall sell1 offer for sale1 or introduce or deliver for introduction into interstate commerce1 or import into the ,united ,states for sale or resale1 a ballast water management system for a vessel unless it has been certified under this section4 7b7 ,certification process 7#a7 ,evaluation ,upon application of a manufacturer1 the ,secretary shall evaluate a ballast water management system with respect to-- 7,a7 the effectiveness of the management system in achieving the current ballast water discharge standard when installed on a vessel 7or a class1 type1 or size of vessel72 7,b7 the compatibility with vessel design and operations2 7,c7 the effect of the management system on vessel safety2 7,d7 the impact on the environment2 7,e7 the cost effectiveness2 and 7,f7 any other criteria the ,secretary considers appropriate4 7#b7 ,approval ,if after an evaluation under paragraph 7#a7 the ,secretary determines that the management system meets the criteria1 the ,secretary may certify the management system for use on a vessel 7or a class1 type1 or size of vessel74 7#c7 ,suspension and revocation ,the ,secretary shall establish1 by regulation1 a process to suspend or revoke a certification issued under this section4 7c7 ,certification conditions 7#a7 ,imposition of conditions ,in certifying a ballast water management system under this section1 the ,secretary1 in consultation with the ,administrator1 may impose any condition on the subsequent installation1 use1 or maintenance of the management system onboard a vessel as is necessary for-- 7,a7 the safety of the vessel1 the crew of the vessel1 and any passengers aboard the vessel2 7,b7 the protection of the environment2 or 7,c7 the effective operation of the management system4 7#b7 ,failure to comply ,the failure of an owner or operator to comply with a condition imposed under paragraph 7#a7 shall be considered a violation of this section4 7d7 ,period for use of installed treatment equipment ,notwithstanding anything to the contrary in this title or any other provision of law1 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 system1 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 system1 as determined by the ,secretary1 if the management system-- 7#a7 is maintained in proper working condition1 as determined by the ,secretary2 and 7#b7 continues to meet the discharge standard in effect at the time of installation4 7e7 ,certificates of type approval for the treatment technology 7#a7 ,issuance ,if the ,secretary approves a ballast water management system for certification under subsection 7b71 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 appropriate4 7#b7 ,certification conditions ,a certificate of type approval issued under paragraph 7#a7 shall specify each condition imposed by the ,secretary under subsection 7c74 7#c7 ,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 installed4 7f7 ,inspections ,an owner or operator who receives a copy of a certificate under subsection 7e77#c7 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 system4 7g7 ,biocides ,the ,secretary may not approve a ballast water management system under subsection 7b7 if-- 7#a7 it uses a biocide or generates a biocide that is a pesticide1 as defined in section #b of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf71 unless the biocide is registered under that ,act or the ,secretary1 in consultation with ,administrator1 has approved the use of the biocide in such management system2 or 7#b7 it uses or generates a biocide the discharge of which causes or contributes to a violation of a water quality standard under section #cjc of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acac74 7h7 ,prohibition 7#a7 ,in general ,except as provided in paragraph 7#b71 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 7b74 7#b7 ,exceptions 7,a7 ,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 ,program4 7,b7 ,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 section1 as determined by the ,secretary4 7i7 ,testing protocols ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,administrator1 shall issue requirements for land-based and shipboard testing protocols or criteria for-- 7#a7 certifying the performance of each ballast water management system under this section2 and 7#b7 certifying laboratories to evaluate such treatment technologies4 #gjg4 ,exemptions 7a7 ,incidental discharges ,except in a ,national ,marine ,sanctuary or a ,marine ,national ,monument1 no permit shall be required or prohibition enforced under any other provision of law for1 nor shall any standards regarding a discharge incidental to the normal operation of a vessel under this title apply to-- 7#a7 a discharge incidental to the normal operation of a vessel if the vessel is less than #gi feet in length and engaged in commercial service 7as such terms are defined in section #baja7e7 of title #df1 ,united ,states ,code72 or 7#b7 a discharge incidental to the normal operation of a vessel if the vessel is a fishing vessel1 including a fish processing vessel and a fish tender vessel1 7as defined in section #baja of title #df1 ,united ,states ,code74 7b7 ,discharges into navigable waters ,no permit shall be required or prohibition enforced under any other provision of law for1 nor shall any standards regarding a discharge incidental to the normal operation of a vessel under this title apply to-- 7#a7 any discharge into navigable waters from a vessel authorized by an on-scene coordinator in accordance with part #cjj of title #dj1 ,code of ,federal ,regulations1 or part #aec of title #cc1 ,code of ,federal ,regulations2 7#b7 any discharge into navigable waters from a vessel that is necessary to secure the safety of the vessel or human life1 or to suppress a fire onboard the vessel or at a shoreside facility2 or 7#c7 a vessel of the armed forces of a foreign nation when engaged in noncommercial service4 7c7 ,recreational vessel discharges ,no permit shall be required1 nor shall any standards be established1 regarding a discharge incidental to the normal operation of a recreational vessel 7as defined in section #baja7be7 of title #df1 ,united ,states ,code7 under this title4 7d7 ,ballast water discharges ,no permit shall be required or prohibition enforced under any other provision of law for1 nor shall any ballast water discharge standard under this title apply to-- 7#a7 a ballast water discharge incidental to the normal operation of a vessel determined by the ,secretary to-- 7,a7 operate exclusively within a geographically limited area2 7,b7 take up and discharge ballast water exclusively within #a ,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 species2 7,c7 operate pursuant to a geographic restriction issued as a condition under section #ccji of title #df1 ,united ,states ,code1 or an equivalent restriction issued by the country of registration of the vessel2 or 7,d7 continuously take on and discharge ballast water in a flow-through system that does not introduce aquatic nuisance species into navigable waters2 7#b7 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 7#db ,u4,s4,c4 #cjj;f et seq47 or from a foreign public water system determined by the ,administrator to be suitable for human consumption2 or 7#c7 a ballast water discharge incidental to the normal operation of a vessel in an alternative compliance program established pursuant to section #gjh4 7e7 ,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 for1 nor shall any ballast water discharge standard under this title apply to1 a vessel that carries all of its permanent ballast water in sealed tanks that are not subject to discharge4 7f7 ,vessels of the ,armed ,forces ,nothing in this title may be construed to apply to-- 7#a7 a vessel owned or operated by the ,department of ,defense 7other than a time-chartered or voyage-chartered vessel72 or 7#b7 a vessel of the ,coast ,guard1 as designated by the ,secretary of the department in which the ,coast ,guard is operating4 #gjh4 ,alternative compliance program 7a7 ,in general ,the ,secretary1 in consultation with the ,administrator1 may promulgate regulations establishing #a or more compliance programs as an alternative to ballast water management regulations issued under section #gje for a vessel that-- 7#a7 has a maximum ballast water capacity of less than #h cubic meters2 or 7#b7 is less than #c years from the end of the useful life of the vessel1 as determined by the ,secretary4 7b7 ,rulemaking 7#a7 ,facility standards ,not later than #a year after the date of the enactment of this ,act1 the ,administrator1 in consultation with the ,secretary1 shall promulgate standards for-- 7,a7 the reception of ballast water from a vessel into a reception facility2 and 7,b7 the disposal or treatment of the ballast water under paragraph 7#a74 7#b7 ,transfer standards ,the ,secretary1 in consultation with the ,administrator1 is authorized to promulgate standards for the arrangements necessary on a vessel to transfer ballast water to a facility4 #gji4 ,judicial review 7a7 ,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 ,circuit4 7b7 ,deadline ,a petition shall be filed not later than #abj days after the date that notice of the promulgation appears in the ,federal ,register4 7c7 ,exception ,notwithstanding subsection 7b71 a petition that is based solely on grounds that arise after the deadline to file a petition under subsection 7b7 has passed may be filed not later than #abj days after the date that the grounds first arise4 #gaj4 ,effect on ,state authority 7a7 ,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 ,act4 7b7 ,savings clause ,notwithstanding subsection 7a71 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 #gje7;a77#a77;,a7 upon a showing that-- 7#a7 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 practicable2 7#b7 the proposed ballast water discharge standard is consistent with obligations under relevant international treaties or agreements to which the ,united ,states is a party2 and 7#c7 any other factors that the ,secretary1 in consultation with the ,administrator1 deems relevant4 7c7 ,petition process 7#a7 ,submission ,the ,governor of a ,state shall submit a petition to the ,secretary requesting the ,secretary to review the statute or regulation4 7#b7 ,contents2 timing ,a petition submitted under paragraph 7#a7 shall be accompanied by the scientific and technical information on which the petition is based4 7#c7 ,determinations ,the ,secretary shall make a determination on a petition under this subsection not later than #ij days after the date that the ,secretary determines that a complete petition has been received4 #gaa4 ,application with other statutes 7a7 ,exclusive statutory authority ,except as otherwise provided in this section and notwithstanding any other provision of law1 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 applies4 7b7 ,effect of existing regulations ,except as provided under section #gje7;a77#a77;,a71 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-- 7#a7 shall be deemed to be a regulation issued pursuant to the authority of this title2 and 7#b7 shall remain in full force and effect unless or until superseded by new regulations issued under this title4 7c7 ,act to ,prevent ,pollution from ,ships ,the ,act to ,prevent ,pollution from ,ships 7#cc ,u4,s4,c4 #aija et seq47 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 ,ships1 #aigc1 as modified by the ,protocol of #aigh1 done at ,london ,february #ag1 #aigh4 ,nothing in this title may be construed to alter or amend such ,act or any regulation issued pursuant to the authority of such ,act4 7d7 ,title ,x of the ,coast ,guard and ,maritime ,transportation ,act of #bjaj ,title ,x of the ,coast ,guard and ,maritime ,transportation ,act of #bjaj 7#cc ,u4,s4,c4 #chja et seq47 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 ,ships1 #bjja4 ,nothing in this title may be construed to alter or amend such title ,x or any regulation issued pursuant to the authority under such title4 #gab4 ,relationship to other laws ,section #abje of the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij 7#af ,u4,s4,c4 #dgbe7 is amended-- 7#a7 by striking ,all actions and inserting the following3 7a7 ,in general ,except as provided in subsection 7b71 all actions 2 and 7#b7 by adding at the end the following3 7b7 ,vessel incidental discharges ,notwithstanding subsection 7a71 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 vessel4 4 #gac4 ,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 law4 ,,viii ,national ,oceanic and ,atmospheric ,administration ,sexual ,harassment and ,assault ,prevention ,act #hja4 ,short title ,this title may be cited as the ,national ,oceanic and ,atmospheric ,administration ,sexual ,harassment and ,assault ,prevention ,act4 ,a ,sexual harassment and assault prevention at the ,national ,oceanic and ,atmospheric ,administration #haa4 ,actions to address sexual harassment at ,national ,oceanic and ,atmospheric ,administration 7a7 ,required policy ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,commerce shall1 acting through the ,under ,secretary for ,oceans and ,atmosphere1 develop a policy on the prevention of and response to sexual harassment involving employees of the ,national ,oceanic and ,atmospheric ,administration1 members of the commissioned officer corps of the ,administration1 and individuals who work with or conduct business on behalf of the ,administration4 7b7 ,matters to be specified in policy ,the policy developed under subsection 7a7 shall include-- 7#a7 establishment of a program to promote awareness of the incidence of sexual harassment2 7#b7 clear procedures an individual should follow in the case of an occurrence of sexual harassment1 including-- 7,a7 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 reporting1 including-- 7i7 options and contact information for after-hours contact2 and 7ii7 procedure for obtaining assistance and reporting sexual harassment while working in a remote scientific field camp1 at sea1 or in another field status2 and 7,b7 a specification of any other person whom the victim should contact2 7#c7 establishment of a mechanism by which-- 7,a7 questions regarding sexual harassment can be confidentially asked and confidentially answered2 and 7,b7 incidents of sexual harassment can be confidentially reported2 and 7#d7 a prohibition on retaliation and consequences for retaliatory actions4 7c7 ,consultation and assistance ,in developing the policy required by subsection 7a71 the ,secretary may consult or receive assistance from such ,state1 local1 and national organizations and subject matter experts as the ,secretary considers appropriate4 7d7 ,availability of policy ,the ,secretary shall ensure that the policy developed under subsection 7a7 is available to-- 7#a7 all employees of the ,administration and members of the commissioned officer corps of the ,administration1 including those employees and members who conduct field work for the ,administration2 and 7#b7 the public4 7e7 ,geographic distribution of equal employment opportunity personnel ,the ,secretary shall ensure that at least #a employee of the ,administration who is tasked with handling matters relating to equal employment opportunity or sexual harassment is stationed-- 7#a7 in each region in which the ,administration conducts operations2 and 7#b7 in each marine and aviation center of the ,administration4 7f7 ,quarterly reports 7#a7 ,in general ,not less frequently than #d times each year1 the ,director of the ,civil ,rights ,office of the ,administration shall submit to the ,under ,secretary a report on sexual harassment in the ,administration4 7#b7 ,contents ,each report submitted under paragraph 7#a7 shall include the following3 7,a7 ,number of sexual harassment cases1 both actionable and non-actionable1 involving individuals covered by the policy developed under subsection 7a74 7,b7 ,number of open actionable sexual harassment cases and how long the cases have been open4 7,c7 ,such trends or region specific issues as the ,director may have discovered with respect to sexual harassment in the ,administration4 7,d7 ,such recommendations as the ,director may have with respect to sexual harassment in the ,administration4 #hab4 ,actions to address sexual assault at ,national ,oceanic and ,atmospheric ,administration 7a7 ,comprehensive policy on prevention and response to sexual assaults ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,commerce shall1 acting through the ,under ,secretary for ,oceans and ,atmosphere1 develop a comprehensive policy on the prevention of and response to sexual assaults involving employees of the ,national ,oceanic and ,atmospheric ,administration1 members of the commissioned officer corps of the ,administration1 and individuals who work with or conduct business on behalf of the ,administration4 7b7 ,elements of comprehensive policy ,the comprehensive policy developed under subsection 7a7 shall1 at minimum1 address the following matters3 7#a7 ,prevention measures4 7#b7 ,education and training on prevention and response4 7#c7 ,a list of support resources an individual may use in the occurrence of sexual assault1 including-- 7,a7 options and contact information for after-hours contact2 and 7,b7 procedure for obtaining assistance and reporting sexual assault while working in a remote scientific field camp1 at sea1 or in another field status4 7#d7 ,easy and ready availability of information described in paragraph 7#c74 7#e7 ,establishing a mechanism by which-- 7,a7 questions regarding sexual assault can be confidentially asked and confidentially answered2 and 7,b7 incidents of sexual assault can be confidentially reported4 7#f7 ,protocols for the investigation of complaints by command and law enforcement personnel4 7#g7 ,prohibiting retaliation and consequences for retaliatory actions against someone who reports a sexual assault4 7#h7 ,oversight by the ,under ,secretary of administrative and disciplinary actions in response to substantial incidents of sexual assault4 7#i7 ,victim advocacy1 including establishment of and the responsibilities and training requirements for victim advocates as described in subsection 7c74 7#aj7 ,availability of resources for victims of sexual assault within other ,federal agencies and ,state1 local1 and national organizations4 7c7 ,victim advocacy 7#a7 ,in general ,the ,secretary1 acting through the ,under ,secretary1 shall establish victim advocates to advocate for victims of sexual assaults involving employees of the ,administration1 members of the commissioned officer corps of the ,administration1 and individuals who work with or conduct business on behalf of the ,administration4 7#b7 ,victim advocates ,for purposes of this subsection1 a victim advocate is a permanent employee of the ,administration who-- 7,a7 is trained in matters relating to sexual assault and the comprehensive policy developed under subsection 7a72 and 7,b7 serves as a victim advocate voluntarily and in addition to the employee's other duties as an employee of the ,administration4 7#c7 ,primary duties ,the primary duties of a victim advocate established under paragraph 7#a7 shall include the following3 7,a7 ,supporting victims of sexual assault and informing them of their rights and the resources available to them as victims4 7,b7 ,acting as a companion in navigating investigative1 medical1 mental and emotional health1 and recovery processes relating to sexual assault4 7,c7 ,helping to identify resources to ensure the safety of victims of sexual assault4 7#d7 ,location ,the ,secretary shall ensure that at least #a victim advocate established under paragraph 7#a7 is stationed-- 7,a7 in each region in which the ,administration conducts operations2 and 7,b7 in each marine and aviation center of the ,administration4 7#e7 ,hotline 7,a7 ,in general ,in carrying out this subsection1 the ,secretary shall establish a telephone number at which a victim of a sexual assault can contact a victim advocate4 7,b7 #bd-;hour access ,the ,secretary shall ensure that the telephone number established under subparagraph 7,a7 is monitored at all times4 7#f7 ,formal relationships with other entities ,the ,secretary may enter into formal relationships with other entities to make available additional victim advocates4 7d7 ,availability of policy ,the ,secretary shall ensure that the policy developed under subsection 7a7 is available to-- 7#a7 all employees of the ,administration and members of the commissioned officer corps of the ,administration1 including those employees and members who conduct field work for the ,administration2 and 7#b7 the public4 7e7 ,consultation and assistance ,in developing the policy required by subsection 7a71 the ,secretary may consult or receive assistance from such ,state1 local1 and national organizations and subject matter experts as the ,secretary considers appropriate4 #hac4 ,rights of the victim of a sexual assault ,a victim of a sexual assault covered by the comprehensive policy developed under section #hab7;a7 has the right to be reasonably protected from the accused4 #had4 ,change of station 7a7 ,change of station1 unit transfer1 or change of work location of victims 7#a7 ,timely consideration and action upon request ,the ,secretary of ,commerce1 acting through the ,under ,secretary for ,oceans and ,atmosphere1 shall-- 7,a7 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 assault1 in order to reduce the possibility of retaliation or further sexual assault1 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 victim2 and 7,b7 in the case of an employee of the ,administration who was a victim of a sexual assault1 to the degree practicable and in order to reduce the possibility of retaliation against the employee for reporting the sexual assault1 accommodate a request for a change of work location of the victim4 7#b7 ,procedures 7,a7 ,period for approval and disapproval ,the ,secretary1 acting through the ,under ,secretary1 shall ensure that an application or request submitted under paragraph 7#a7 for a change of station1 unit transfer1 or change of work location is approved or denied within #gb hours of the submission of the application or request4 7,b7 ,review ,if an application or request submitted under paragraph 7#a7 by a victim of a sexual assault for a change of station1 unit transfer1 or change of work location of the victim is denied-- 7i7 the victim may request the ,secretary review the denial2 and 7ii7 the ,secretary1 acting through the ,under ,secretary1 shall1 not later than #gb hours after receiving such request1 affirm or overturn the denial4 7b7 ,change of station1 unit transfer1 and change of work location of alleged perpetrators 7#a7 ,in general ,the ,secretary1 acting through the ,under ,secretary1 shall develop a policy for the protection of victims of sexual assault described in subsection 7a77#a7 by providing the alleged perpetrator of the sexual assault with a change of station1 unit transfer1 or change of work location1 as the case may be1 if the alleged perpetrator is a member of the commissioned officer corps of the ,administration or an employee of the ,administration4 7#b7 ,policy requirements ,the policy required by paragraph 7#a7 shall include the following3 7,a7 ,a means to control access to the victim4 7,b7 ,due process for the victim and the alleged perpetrator4 7c7 ,regulations 7#a7 ,in general ,the ,secretary shall promulgate regulations to carry out this section4 7#b7 ,consistency ,when practicable1 the ,secretary shall make regulations promulgated under this section consistent with similar regulations promulgated by the ,secretary of ,defense4 #hae4 ,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 vessel1 if any1 shall include as a condition of the contract a provision that subjects such crew to the policy developed under section #haa7;a7 and the comprehensive policy developed under section #hab7;a74 #haf4 ,annual report on sexual assaults in the ,national ,oceanic and ,atmospheric ,administration 7a7 ,in general ,not later than ,january #ae of each year1 the ,secretary of ,commerce shall submit to the ,committee on ,commerce1 ,science1 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 ,administration1 members of the commissioned officer corps of the ,administration1 and individuals who work with or conduct business on behalf of the ,administration4 7b7 ,contents ,each report submitted under subsection 7a7 shall include1 with respect to the previous calendar year1 the following3 7#a7 ,the number of alleged sexual assaults involving employees1 members1 and individuals described in subsection 7a74 7#b7 ,a synopsis of each case and the disciplinary action taken1 if any1 in each case4 7#c7 ,the policies1 procedures1 and processes implemented by the ,secretary1 and any updates or revisions to such policies1 procedures1 and processes4 7#d7 ,a summary of the reports received by the ,under ,secretary for ,oceans and ,atmosphere under section #haa7;f74 7c7 ,privacy protection ,in preparing and submitting a report under subsection 7a71 the ,secretary shall ensure that no individual involved in an alleged sexual assault can be identified by the contents of the report4 #hag4 ,definition ,in this subtitle1 the term sexual assault shall have the meaning given such term in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#db ,u4,s4,c4 #acibe7;a774 ,b ,commissioned ,officer ,corps of the ,national ,oceanic and ,atmospheric ,administration #hbj4 ,references to ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb ,except as otherwise expressly provided1 whenever in this title an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 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 #bjjb 7#cc ,u4,s4,c4 #cjja et seq474 ,i ,general provisions #hba4 ,strength and distribution in grade ,section #bad 7#cc ,u4,s4,c4 #cjjd7 is amended to read as follows3 #bad4 ,strength and distribution in grade 7a7 ,grades ,the commissioned grades in the commissioned officer corps of the ,administration are the following1 in relative rank with officers of the ,navy3 7#a7 ,vice admiral4 7#b7 ,rear admiral4 7#c7 ,rear admiral 7lower half74 7#d7 ,captain4 7#e7 ,commander4 7#f7 ,lieutenant commander4 7#g7 ,lieutenant4 7#h7 ,lieutenant 7junior grade74 7#i7 ,ensign4 7b7 ,grade distribution ,the ,secretary shall prescribe1 with respect to the distribution on the lineal list in grade1 the percentages applicable to the grades set forth in subsection 7a74 7c7 ,annual computation of number in grade 7#a7 ,in general ,not less frequently than once each year1 the ,secretary shall make a computation to determine the number of officers on the lineal list authorized to be serving in each grade4 7#b7 ,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 made4 7#c7 ,fractions ,if a final fraction occurs in computing the authorized number of officers in a grade1 the nearest whole number shall be taken4 ,if the fraction is 1 the next higher whole number shall be taken4 7d7 ,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 number4 7e7 ,positions of importance and responsibility ,officers serving in positions designated under section #bbh7;a7 and officers recalled from retired status shall not be counted when computing authorized strengths under subsection 7c7 and shall not count against those strengths4 7f7 ,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 grades4 4 #hbb4 ,recalled officers ,section #bae 7#cc ,u4,s4,c4 #cjje7 is amended-- 7#a7 in the matter before paragraph 7#a71 by striking ,effective and inserting the following3 7a7 ,in general ,effective 2 and 7#b7 by adding at the end the following new subsection3 7b7 ,positions of importance and responsibility ,officers serving in positions designated under section #bbh and officers recalled from retired status-- 7#a7 may not be counted in determining the total number of authorized officers on the lineal list under this section2 and 7#b7 may not count against such number4 4 #hbc4 ,obligated service requirement 7a7 ,in general ,subtitle ,a 7#cc ,u4,s4,c4 #cjja et seq47 is amended by adding at the end the following3 #baf4 ,obligated service requirement 7a7 ,in general 7#a7 ,rulemaking ,the ,secretary shall prescribe the obligated service requirements for appointments1 training1 promotions1 separations1 continuations1 and retirement of officers not otherwise covered by law4 7#b7 ,written agreements ,the ,secretary and officers shall enter into written agreements that describe the officers' obligated service requirements prescribed under paragraph 7#a7 in return for such appointments1 training1 promotions1 separations1 and retirements as the ,secretary considers appropriate4 7b7 ,repayment for failure to satisfy requirements 7#a7 ,in general ,the ,secretary may require an officer who fails to meet the service requirements prescribed under subsection 7a77#a7 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 serve4 7#b7 ,obligation as debt to ,united ,states ,an obligation to reimburse the ,secretary under paragraph 7#a7 shall be considered for all purposes as a debt owed to the ,united ,states4 7#c7 ,discharge in bankruptcy ,a discharge in bankruptcy under title #aa that is entered less than #e years after the termination of a written agreement entered into under subsection 7a77#b7 does not discharge the individual signing the agreement from a debt arising under such agreement4 7c7 ,waiver or suspension of compliance ,the ,secretary may waive the service obligation of an officer who-- 7#a7 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 officer2 or 7#b7 is-- 7,a7 not physically qualified for appointment2 and 7,b7 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 conduct4 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb7 is amended by inserting after the item relating to section #bae the following3 ,sec4 #baf4 ,obligated service requirement4 4 #hbd4 ,training and physical fitness 7a7 ,in general ,subtitle ,a 7#cc ,u4,s4,c4 #cjja et seq471 as amended by section #hbc7;a71 is further amended by adding at the end the following3 #bag4 ,training and physical fitness 7a7 ,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 duties4 ,such measures may include the following3 7#a7 ,carrying out training programs and correspondence courses1 including establishing and operating a basic officer training program to provide initial indoctrination and maritime vocational training for officer candidates as well as refresher training1 mid-career training1 aviation training1 and such other training as the ,secretary considers necessary for officer development and proficiency4 7#b7 ,providing officers and officer candidates with books and school supplies4 7#c7 ,acquiring such equipment as may be necessary for training and instructional purposes4 7b7 ,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 ,guard4 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb71 as amended by section #hbc7;b71 is further amended by inserting after the item relating to section #baf the following3 ,sec4 #bag4 ,training and physical fitness4 4 #hbe4 ,recruiting materials 7a7 ,in general ,subtitle ,a 7#cc ,u4,s4,c4 #cjja et seq471 as amended by section #hbd7;a71 is further amended by adding at the end the following3 #bah4 ,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 ,administration4 ,any such use shall be under such conditions and subject to such restrictions as the ,secretary shall prescribe4 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb71 as amended by section #hbd7;b71 is further amended by inserting after the item relating to section #bag the following3 ,sec4 #bah4 ,use of recruiting materials for public relations4 4 #hbf4 ,charter vessel safety policy 7a7 ,policy required ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,commerce shall1 acting through the ,under ,secretary for ,oceans and ,atmosphere1 develop and implement a charter vessel safety policy applicable to the acquisition by the ,national ,oceanic and ,atmospheric ,administration of charter vessel services4 7b7 ,elements ,the policy required by subsection 7a7 shall address vessel safety1 operational safety1 and basic personnel safety requirements applicable to the vessel size1 type1 and intended use4 ,at a minimum1 the policy shall include the following3 7#a7 ,basic vessel safety requirements that address stability1 egress1 fire protection and lifesaving equipment1 hazardous materials1 and pollution control4 7#b7 ,personnel safety requirements that address crew qualifications1 medical training and services1 safety briefings and drills1 and crew habitability4 7c7 ,limitation ,the ,secretary shall ensure that the basic vessel safety requirements and personnel safety requirements included in the policy required by subsection 7a7-- 7#a7 do not exceed the vessel safety requirements and personnel safety requirements promulgated by the ,secretary of the department in which the ,coast ,guard is operating2 and 7#b7 to the degree practicable1 are consistent with the requirements described in paragraph 7#a74 #hbg4 ,technical correction ,section #aja7ba77;,c7 of title #ch1 ,united ,states ,code1 is amended by inserting in the commissioned officer corps before of the ,national4 ,,ii ,parity and recruitment #hca4 ,education loans 7a7 ,in general ,subtitle ,e 7#cc ,u4,s4,c4 #cjga et seq47 is amended by adding at the end the following3 #bfg4 ,education loan repayment program 7a7 ,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 corps1 the ,secretary may repay1 in the case of a person described in subsection 7b71 a loan that-- 7#a7 was used by the person to finance education2 and 7#b7 was obtained from a governmental entity1 private financial institution1 educational institution1 or other authorized entity4 7b7 ,eligible persons ,to be eligible to obtain a loan repayment under this section1 a person must-- 7#a7 satisfy #a of the requirements specified in subsection 7c72 7#b7 be fully qualified for1 or hold1 an appointment as a commissioned officer in the commissioned officer corps of the ,administration2 and 7#c7 sign a written agreement to serve on active duty1 or1 if on active duty1 to remain on active duty for a period in addition to any other incurred active duty obligation4 7c7 ,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 section3 7#a7 ,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 corps4 7#b7 ,the person is enrolled as a full-time student in the final year of a course of study at an accredited educational institution 7as determined by the ,secretary of ,education7 leading to a degree in a profession that will meet identified skill shortages in the commissioned officer corps4 7d7 ,loan repayments 7#a7 ,in general ,subject to the limits established under paragraph 7#b71 a loan repayment under this section may consist of the payment of the principal1 interest1 and related expenses of a loan obtained by a person described in subsection 7b74 7#b7 ,limitation on amount ,for each year of obligated service that a person agrees to serve in an agreement described in subsection 7b77#c71 the ,secretary may pay not more than the amount specified in section #bagc7;e77#b7 of title #aj1 ,united ,states ,code4 7e7 ,active duty service obligation 7#a7 ,in general ,a person entering into an agreement described in subsection 7b77#c7 incurs an active duty service obligation4 7#b7 ,length of obligation determined under regulations 7,a7 ,in general ,except as provided in subparagraph 7,b71 the length of the obligation under paragraph 7#a7 shall be determined under regulations prescribed by the ,secretary4 7,b7 ,minimum obligation ,the regulations prescribed under subparagraph 7,a7 may not provide for a period of obligation of less than #a year for each maximum annual amount1 or portion thereof1 paid on behalf of the person for qualified loans4 7#c7 ,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 agreement4 7f7 ,effect of failure ,to complete obligation 7#a7 ,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 obligation1 at the discretion of the ,secretary4 7#b7 ,repayment ,an officer who does not complete the period of active duty specified in the agreement entered into under subsection 7b77#c71 or the alternative obligation imposed under paragraph 7#a71 shall be subject to the repayment provisions under section #baf4 7g7 ,rulemaking ,the ,secretary shall prescribe regulations to carry out this section1 including-- 7#a7 standards for qualified loans and authorized payees2 and 7#b7 other terms and conditions for the making of loan repayments4 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb7 is amended by inserting after the item relating to section #bff the following3 ,sec4 #bfg4 ,education loan repayment program4 4 #hcb4 ,interest payments 7a7 ,in general ,subtitle ,e 7#cc ,u4,s4,c4 #cjga et seq471 as amended by section #hca7;a71 is further amended by adding at the end the following3 #bfh4 ,interest payment program 7a7 ,authority ,the ,secretary may pay the interest and any special allowances that accrue on #a or more student loans of an eligible officer1 in accordance with this section4 7b7 ,eligible officers ,an officer is eligible for the benefit described in subsection 7a7 while the officer-- 7#a7 is serving on active duty2 7#b7 has not completed more than #c years of service on active duty2 7#c7 is the debtor on #a or more unpaid loans described in subsection 7c72 and 7#d7 is not in default on any such loan4 7c7 ,student loans ,the authority to make payments under subsection 7a7 may be exercised with respect to the following loans3 7#a7 ,a loan made1 insured1 or guaranteed under part ,b of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajga et seq474 7#b7 ,a loan made under part ,d of such title 7#bj ,u4,s4,c4 #ajhg;a et seq474 7#c7 ,a loan made under part ,e of such title 7#bj ,u4,s4,c4 #ajhg;aa et seq474 7d7 ,maximum benefit ,interest and any special allowance may be paid on behalf of an officer under this section for any of the #cf consecutive months during which the officer is eligible under subsection 7b74 7e7 ,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 section4 7f7 ,coordination with ,secretary of ,education 7#a7 ,in general ,the ,secretary shall consult with the ,secretary of ,education regarding the administration of this section4 7#b7 ,transfer of funds ,the ,secretary shall transfer to the ,secretary of ,education the funds necessary-- 7,a7 to pay interest and special allowances on student loans under this section 7in accordance with sections #dbh7o71 #dee7l71 and #dfd7;j7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgh7o71 #ajhg;e7l71 and #ajhg;dd7j772 and 7,b7 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 ,b1 ,d1 and ,e of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajga et seq41 #ajhg;a et seq41 #ajhg;aa et seq474 7g7 ,special allowance defined ,in this section1 the term special allowance means a special allowance that is payable under section #dch of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg-a74 4 7b7 ,conforming amendments 7#a7 ,section #dbh7o7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgh7o77 is amended-- 7,a7 by striking the subsection heading and inserting ,armed ,forces and ,,noaa ,commissioned ,officer ,corps ,student ,loan ,interest ,payment ,programs2 and 7,b7 in paragraph 7#a7-- 7i7 by inserting or section #bfd of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb after ,code12 and 7ii7 by inserting or an officer in the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration1 respectively1 after ,armed ,forces4 7#b7 ,sections #dee7l7 and #dfd7;j7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7l7 and #ajhg;dd7j77 are each amended-- 7,a7 by striking the subsection heading and inserting ,armed ,forces and ,,noaa ,commissioned ,officer ,corps ,student ,loan ,interest ,payment ,programs2 and 7,b7 in paragraph 7#a7-- 7i7 by inserting or section #bfd of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb after ,code12 and 7ii7 by inserting or an officer in the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration1 respectively after ,armed ,forces4 7c7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb71 as amended by section #hca7;b71 is further amended by inserting after the item relating to section #bfg the following3 ,sec4 #bfh4 ,interest payment program4 4 #hcc4 ,student pre-commissioning program 7a7 ,in general ,subtitle ,e 7#cc ,u4,s4,c4 #cjga et seq471 as amended by section #hcb7;a71 is further amended by adding at the end the following3 #bfi4 ,student pre-commissioning education assistance program 7a7 ,authority ,to provide financial assistance ,for the purpose of maintaining adequate numbers of officers of the commissioned officer corps of the ,administration on active duty1 the ,secretary may provide financial assistance to a person described in subsection 7b7 for expenses of the person while the person is pursuing on a full-time basis at an accredited educational institution 7as determined by the ,secretary of ,education7 a program of education approved by the ,secretary that leads to-- 7#a7 a baccalaureate degree in not more than #e academic years2 or 7#b7 a postbaccalaureate degree4 7b7 ,eligible persons 7#a7 ,in general ,a person is eligible to obtain financial assistance under subsection 7a7 if the person-- 7,a7 is enrolled on a full-time basis in a program of education referred to in subsection 7a7 at any educational institution described in such subsection2 7,b7 meets all of the requirements for acceptance into the commissioned officer corps of the ,administration except for the completion of a baccalaureate degree2 and 7,c7 enters into a written agreement with the ,secretary described in paragraph 7#b74 7#b7 ,agreement ,a written agreement referred to in paragraph 7#a77;,c7 is an agreement between the person and the ,secretary in which the person agrees-- 7,a7 to accept an appointment as an officer1 if tendered2 and 7,b7 upon completion of the person's educational program1 agrees to serve on active duty1 immediately after appointment1 for-- 7i7 up to #c years if the person received less than #c years of assistance2 and 7ii7 up to #e years if the person received at least #c years of assistance4 7c7 ,qualifying expenses ,expenses for which financial assistance may be provided under subsection 7a7 are the following3 7#a7 ,tuition and fees charged by the educational institution involved4 7#b7 ,the cost of books4 7#c7 ,in the case of a program of education leading to a baccalaureate degree1 laboratory expenses4 7#d7 ,such other expenses as the ,secretary considers appropriate4 7d7 ,limitation on amount ,the ,secretary shall prescribe the amount of financial assistance provided to a person under subsection 7a71 which may not exceed the amount specified in section #bagc7;e77#b7 of title #aj1 ,united ,states ,code1 for each year of obligated service that a person agrees to serve in an agreement described in subsection 7b77#b74 7e7 ,duration of assistance ,financial assistance may be provided to a person under subsection 7a7 for not more than #e consecutive academic years4 7f7 ,subsistence allowance 7#a7 ,in general ,a person who receives financial assistance under subsection 7a7 shall be entitled to a monthly subsistence allowance at a rate prescribed under paragraph 7#b7 for the duration of the period for which the person receives such financial assistance4 7#b7 ,determination of amount ,the ,secretary shall prescribe monthly rates for subsistence allowance provided under paragraph 7#a71 which shall be equal to the amount specified in section #badd7;a7 of title #aj1 ,united ,states ,code4 7g7 ,initial clothing allowance 7#a7 ,training ,the ,secretary may prescribe a sum which shall be credited to each person who receives financial assistance under subsection 7a7 to cover the cost of the person's initial clothing and equipment issue4 7#b7 ,appointment ,upon completion of the program of education for which a person receives financial assistance under subsection 7a7 and acceptance of appointment in the commissioned officer corps of the ,administration1 the person may be issued a subsequent clothing allowance equivalent to that normally provided to a newly appointed officer4 7h7 ,termination of financial assistance 7#a7 ,in general ,the ,secretary shall terminate the assistance provided to a person under this section if-- 7,a7 the ,secretary accepts a request by the person to be released from an agreement described in subsection 7b77#b72 7,b7 the misconduct of the person results in a failure to complete the period of active duty required under the agreement2 or 7,c7 the person fails to fulfill any term or condition of the agreement4 7#b7 ,reimbursement ,the ,secretary may require a person who receives assistance described in subsection 7c71 7f71 or 7g7 under an agreement entered into under subsection 7b77#a77;,c7 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 agreement4 7#c7 ,waiver ,the ,secretary may waive the service obligation of a person through an agreement entered into under subsection 7b77#a77;,c7 if the person-- 7,a7 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 person2 or 7,b7 is-- 7i7 not physically qualified for appointment2 and 7ii7 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 conduct4 7#d7 ,obligation as debt to ,united ,states ,an obligation to reimburse the ,secretary imposed under paragraph 7#b7 is1 for all purposes1 a debt owed to the ,united ,states4 7#e7 ,discharge in bankruptcy ,a discharge in bankruptcy under title #aa1 ,united ,states ,code1 that is entered less than #e years after the termination of a written agreement entered into under subsection 7b77#a77;,c7 does not discharge the person signing the agreement from a debt arising under such agreement or under paragraph 7#b74 7i7 ,regulations ,the ,secretary may promulgate such regulations and orders as the ,secretary considers appropriate to carry out this section4 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb71 as amended by section #hcb7;c71 is further amended by inserting after the item relating to section #bfh the following3 ,sec4 #bfi4 ,student pre-commissioning education assistance program4 4 #hcd4 ,limitation on educational assistance 7a7 ,in general ,each fiscal year1 beginning with fiscal year #bjac1 the ,secretary of ,commerce shall ensure that the total amount expended by the ,secretary under section #bfg of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb 7as added by section #hca7;a771 section #bfh of such ,act 7as added by section #hcb7;a771 and section #bfi of such ,act 7as added by section #hcc7;a77 does not exceed the amount by which-- 7#a7 the total amount the ,secretary would pay in that fiscal year to officer candidates under section #bjc7;f77#a7 of title #cg1 ,united ,states ,code 7as added by section #bdf7;d771 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-#a with less than #b years of service2 exceeds 7#b7 the total amount the ,secretary actually pays in that fiscal year to officer candidates under section #bjc7;f77#a7 of such title 7as so added74 7b7 ,officer candidate defined ,in this section1 the term officer candidate has the meaning given the term in section #bab of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb 7#cc ,u4,s4,c4 #cjjb71 as added by section #hef7;c74 #hce4 ,applicability of certain provisions of title #aj1 ,united ,states ,code1 and extension of certain authorities applicable to members of the ,armed ,forces to commissioned officer corps 7a7 ,applicability of certain provisions of title #aj ,section #bfa7;a7 7#cc ,u4,s4,c4 #cjga7;a77 is amended-- 7#a7 by redesignating paragraphs 7#ac7 through 7#af7 as paragraphs 7#bj7 through 7#bc71 respectively2 7#b7 by redesignating paragraphs 7#g7 through 7#ab7 as paragraphs 7#ab7 through 7#ag71 respectively2 7#c7 by redesignating paragraphs 7#d7 through 7#f7 as paragraphs 7#h7 through 7#aj71 respectively2 7#d7 by inserting after paragraph 7#c7 the following3 7#d7 ,section #gga1 relating to unauthorized wearing of uniforms4 7#e7 ,section #ggd1 relating to wearing religious apparel while in uniform4 7#f7 ,section #ihb1 relating to service on ,state and local juries4 7#g7 ,section #ajca1 relating to administration of oaths4 2 7#e7 by inserting after paragraph 7#aj71 as redesignated1 the following3 7#aa7 ,chapter #eh1 relating to the ,benefits and ,services for members being separated or recently separated4 2 and 7#f7 by inserting after paragraph 7#ag71 as redesignated1 the following3 7#ah7 ,subchapter ,i of chapter #hh1 relating to ,military ,family ,programs4 7#ai7 ,section #bjje1 relating to advanced education assistance1 active duty agreements1 and reimbursement requirements4 4 7b7 ,extension of certain authorities 7#a7 ,notarial services ,section #ajdd;a of title #aj1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a77#a71 by striking armed forces and inserting uniformed services2 and 7,b7 in subsection 7b77#d71 by striking armed forces both places it appears and inserting uniformed services4 7#b7 ,acceptance of voluntary services for programs serving members and their families ,section #aehh of such title is amended-- 7,a7 in subsection 7a77#c71 by striking armed forces and inserting uniformed services2 and 7,b7 by adding at the end the following new subsection3 7g7 ,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 7a77#c71 the term ,secretary concerned in subsection 7a7 shall include the ,secretary of ,commerce with respect to members of the ,national ,oceanic and ,atmospheric ,administration4 4 7#c7 ,capstone course for newly selected flag officers ,section #baec of such title is amended-- 7,a7 in subsection 7a7-- 7i7 by inserting or the commissioned corps of the ,national ,oceanic and ,atmospheric ,administration after in the case of the ,navy2 and 7ii7 by striking other armed forces and inserting other uniformed services2 and 7,b7 in subsection 7b77#a71 by inserting or the ,secretary of ,commerce1 as applicable1 after the ,secretary of ,defense4 #hcf4 ,applicability of certain provisions of title #cg1 ,united ,states ,code 7a7 ,in general ,subtitle ,e 7#cc ,u4,s4,c4 #cjga et seq47 is amended by inserting after section #bfa the following3 #bfa;,a4 ,applicability of certain provisions of title #cg1 ,united ,states ,code 7a7 ,provisions made applicable to commissioned officer corps ,the provisions of law applicable to the ,armed ,forces under the following provisions of title #cg1 ,united ,states ,code1 shall apply to the commissioned officer corps of the ,administration3 7#a7 ,section #cbd1 relating to accession bonuses for new officers in critical skills4 7#b7 ,section #djc7;f77#c71 relating to prescribing regulations defining the terms field duty and sea duty4 7#c7 ,section #djc7l71 relating to temporary continuation of housing allowance for dependents of members dying on active duty4 7#d7 ,section #dad7;a77#b71 relating to personal money allowance while serving as ,director of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps4 7#e7 ,section #dhh1 relating to allowances for recruiting expenses4 7#f7 ,section #die1 relating to allowances for funeral honors duty4 7b7 ,references ,the authority vested by title #cg1 ,united ,states ,code1 in the military departments1 the ,secretary concerned1 or the ,secretary of ,defense with respect to the provisions of law referred to in subsection 7a7 shall be exercised1 with respect to the commissioned officer corps of the ,administration1 by the ,secretary of ,commerce or the ,secretary's designee4 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb7 is amended by inserting after the item relating to section #bfa the following3 ,sec4 #bfa;,a4 ,applicability of certain provisions of title #cg1 ,united ,states ,code4 4 #hcg4 ,legion of ,merit award ,section #aaba of title #aj1 ,united ,states ,code1 is amended by striking armed forces and inserting uniformed services4 #hch4 ,prohibition on retaliatory personnel actions 7a7 ,in general ,subsection 7a7 of section #bfa 7#cc ,u4,s4,c4 #cjga71 as amended by section #hce1 is further amended-- 7#a7 by redesignating paragraphs 7#h7 through 7#bc7 as paragraphs 7#i7 through 7#bd71 respectively2 and 7#b7 by inserting after paragraph 7#g7 the following3 7#h7 ,section #ajcd1 relating to protected communications and prohibition of retaliatory personnel actions4 4 7b7 ,conforming amendment ,subsection 7b7 of such section is amended by adding at the end the following3 ,for purposes of paragraph 7#h7 of subsection 7a71 the term ,inspector ,general in section #ajcd of such title #aj shall mean the ,inspector ,general of the ,department of ,commerce44 7c7 ,regulations ,such section is further amended by adding at the end the following3 7c7 ,regulations regarding protected communications and prohibition of retaliatory personnel actions ,the ,secretary may promulgate regulations to carry out the application of section #ajcd of title #aj1 ,united ,states ,code1 to the commissioned officer corps of the ,administration1 including by promulgating such administrative procedures for investigation and appeal within the commissioned officer corps as the ,secretary considers appropriate4 4 #hci4 ,penalties for wearing uniform without authority ,section #gjb of title #ah1 ,united ,states ,code1 is amended by striking ,service or any and inserting ,service1 the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration1 or any4 #hdj4 ,application of certain provisions of competitive service law ,section #ccjd7;f7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by inserting and members of the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration 7or its predecessor organization the ,coast and ,geodetic ,survey7 separated from such uniformed service after separated from the armed forces2 7#b7 in paragraph 7#b71 by striking or veteran and inserting 1 veteran1 or member2 and 7#c7 in paragraph 7#d71 by inserting and members of the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration 7or its predecessor organization the ,coast and ,geodetic ,survey7 separated from such uniformed service after separated from the armed forces4 #hda4 ,employment and reemployment rights ,section #dcjc7af7 of title #ch1 ,united ,states ,code1 is amended by inserting the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration1 after ,public ,health ,service14 #hdb4 ,treatment of commission in commissioned officer corps for purposes of certain hiring decisions 7a7 ,in general ,subtitle ,e 7#cc ,u4,s4,c4 #cjga et seq471 as amended by this subtitle1 is further amended by adding at the end the following3 #bfi;,a4 ,treatment of commission in commissioned officer corps as employment in ,administration for purposes of certain hiring decisions 7a7 ,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 ,administration1 the ,secretary shall deem an officer who has served as an officer in the commissioned officer corps for at least #c years to be serving in a career or career-conditional position in the competitive service within the ,administration for purposes of such limitation4 7b7 ,career appointments ,if the ,secretary selects an application submitted by an officer described in subsection 7a7 for a position described in such subsection1 the ,secretary shall give such officer a career or career-conditional appointment in the competitive service1 as appropriate4 7c7 ,competitive service defined ,in this section1 the term competitive service has the meaning given the term in section #bajb of title #e1 ,united ,states ,code4 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb7 is amended by inserting after the item relating to section #bfi1 as added by this subtitle1 the following new item3 ,sec4 #bfi;,a4 ,treatment of commission in commissioned officer corps as employment in ,administration for purposes of certain hiring decisions4 4 #hdc4 ,direct hire authority 7a7 ,in general ,the head of a ,federal agency may appoint1 without regard to the provisions of subchapter ,i of chapter #cc of title #e1 ,united ,states ,code1 other than sections #ccjc and #ccbh of such title1 a qualified candidate described subsection 7b7 directly to a position in the agency for which the candidate meets qualification standards of the ,office of ,personnel ,management4 7b7 ,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-- 7#a7 fulfilled his or her obligated service requirement under section #baf of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb1 as added by section #hbc2 7#b7 if no longer a member of the commissioned officer corps of the ,administration1 was discharged or released therefrom2 and 7#c7 has been separated or released from service in the commissioned officer corps of the ,administration for a period of not more than #e years4 7c7 ,effective date ,this section shall apply with respect to appointments made in fiscal year #bjaf and in each fiscal year thereafter4 ,,iii ,appointments and promotion of officers #hea4 ,appointments 7a7 ,original appointments 7#a7 ,in general ,section #bba 7#cc ,u4,s4,c4 #cjba7 is amended to read as follows3 #bba4 ,original appointments and reappointments 7a7 ,original appointments 7#a7 ,grades 7,a7 ,in general ,except as provided in subparagraph 7,b71 an original appointment of an officer may be made in such grades as may be appropriate for-- 7i7 the qualification1 experience1 and length of service of the appointee2 and 7ii7 the commissioned officer corps of the ,administration4 7,b7 ,appointment of officer candidates 7i7 ,limitation on grade ,an original appointment of an officer candidate1 upon graduation from the basic officer training program of the commissioned officer corps of the ,administration1 may not be made in any other grade than ensign4 7ii7 ,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 graduation4 7#b7 ,source of appointments ,an original appointment may be made from among the following3 7,a7 ,graduates of the basic officer training program of the commissioned officer corps of the ,administration4 7,b7 ,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 7,a74 7,c7 ,graduates of the maritime academies of the ,states who-- 7i7 otherwise meet the academic standards for enrollment in the training program described in subparagraph 7,a72 7ii7 completed at least #c years of regimented training while at a maritime academy of a ,state2 and 7iii7 obtained an unlimited tonnage or unlimited horsepower ,merchant ,mariner ,credential from the ,united ,states ,coast ,guard4 7,d7 ,licensed officers of the ,united ,states merchant marine who have served #b or more years aboard a vessel of the ,united ,states in the capacity of a licensed officer1 who otherwise meet the academic standards for enrollment in the training program described in subparagraph 7,a74 7#c7 ,definitions ,in this subsection3 7,a7 ,maritime academies of the ,states ,the term maritime academies of the ,states means the following3 7i7 ,california ,maritime ,academy1 ,vallejo1 ,california4 7ii7 ,great ,lakes ,maritime ,academy1 ,traverse ,city1 ,michigan4 7iii7 ,maine ,maritime ,academy1 ,castine1 ,maine4 7iv7 ,massachusetts ,maritime ,academy1 ,buzzards ,bay1 ,massachusetts4 7v7 ,state ,university of ,new ,york ,maritime ,college1 ,fort ,schuyler1 ,new ,york4 7vi7 ,texas ,a,m ,maritime ,academy1 ,galveston1 ,texas4 7,b7 ,military service academies of the ,united ,states ,the term military service academies of the ,united ,states means the following3 7i7 ,the ,united ,states ,military ,academy1 ,west ,point1 ,new ,york4 7ii7 ,the ,united ,states ,naval ,academy1 ,annapolis1 ,maryland4 7iii7 ,the ,united ,states ,air ,force ,academy1 ,colorado ,springs1 ,colorado4 7iv7 ,the ,united ,states ,coast ,guard ,academy1 ,new ,london1 ,connecticut4 7v7 ,the ,united ,states ,merchant ,marine ,academy1 ,kings ,point1 ,new ,york4 7b7 ,reappointment 7#a7 ,in general ,except as provided in paragraph 7#b71 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 separation4 7#b7 ,reappointments to higher grades ,an appointment under paragraph 7#a7 to a position of importance and responsibility designated under section #bbh may only be made by the ,president4 7c7 ,qualifications ,an appointment under subsection 7a7 or 7b7 may not be given to an individual until the individual's mental1 moral1 physical1 and professional fitness to perform the duties of an officer has been established under such regulations as the ,secretary shall prescribe4 7d7 ,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 grade4 ,appointees whose dates of commission are the same shall take precedence with each other as the ,secretary shall determine4 7e7 ,inter-,service transfers ,for inter-service transfers 7as described in the ,department of ,defense ,directive #acjj4d 7dated ,december #bg1 #bjjf77 the ,secretary shall-- 7#a7 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 transfers2 7#b7 give preference to such inter-service transfers for recruitment purposes as determined appropriate by the ,secretary2 and 7#c7 reappoint such inter-service transfers to the equivalent grade in the commissioned officer corps4 4 7#b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb7 is amended by striking the item relating to section #bba and inserting the following3 ,sec4 #bba4 ,original appointments and reappointments4 4 #heb4 ,personnel boards ,section #bbb 7#cc ,u4,s4,c4 #cjbb7 is amended to read as follows3 #bbb4 ,personnel boards 7a7 ,convening ,not less frequently than once each year and at such other times as the ,secretary determines necessary1 the ,secretary shall convene a personnel board4 7b7 ,membership 7#a7 ,in general ,a board convened under subsection 7a7 shall consist of #e or more officers who are serving in or above the permanent grade of the officers under consideration by the board4 7#b7 ,retired officers ,officers on the retired list may be recalled to serve on such personnel boards as the ,secretary considers necessary4 7#c7 ,no membership on #b successive boards ,no officer may be a member of #b successive personnel boards convened to consider officers of the same grade for promotion or separation4 7c7 ,duties ,each personnel board shall-- 7#a7 recommend to the ,secretary such changes as may be necessary to correct any erroneous position on the lineal list that was caused by administrative error2 and 7#b7 make selections and recommendations to the ,secretary and the ,president for the appointment1 promotion1 involuntary separation1 continuation1 and involuntary retirement of officers in the commissioned officer corps of the ,administration as prescribed in this title4 7d7 ,action on recommendations not acceptable ,if any recommendation by a board convened under subsection 7a7 is not accepted by the ,secretary or the ,president1 the board shall make such further recommendations as the ,secretary or the ,president considers appropriate4 4 #hec4 ,delegation of authority ,section #bbf 7#cc ,u4,s4,c4 #cjbf7 is amended-- 7#a7 by striking ,appointments and inserting the following3 7a7 ,in general ,appointments 2 and 7#b7 by adding at the end the following3 7b7 ,delegation of appointment authority ,if the ,president delegates authority to the ,secretary to make appointments under this section1 the ,president shall1 during a period in which the position of the ,secretary is vacant1 delegate such authority to the ,deputy ,secretary of ,commerce or the ,under ,secretary for ,oceans and ,atmosphere during such period4 4 #hed4 ,assistant ,administrator of the ,office of ,marine and ,aviation ,operations ,section #bbh7;c7 7#cc ,u4,s4,c4 #cjbh7;c77 is amended-- 7#a7 in the fourth sentence1 by striking ,director and inserting ,assistant ,administrator2 and 7#b7 in the heading1 by inserting ,assistant ,administrator of the before ,office4 #hee4 ,temporary appointments 7a7 ,in general ,section #bbi 7#cc ,u4,s4,c4 #cjbi7 is amended to read as follows3 #bbi4 ,temporary appointments 7a7 ,appointments by ,president ,temporary appointments in the grade of ensign1 lieutenant junior grade1 or lieutenant may be made by the ,president4 7b7 ,termination ,a temporary appointment to a position under subsection 7a7 shall terminate upon approval of a permanent appointment for such position made by the ,president4 7c7 ,order of precedence ,appointees under subsection 7a7 shall take precedence in the grade to which appointed in accordance with the dates of their appointments as officers in such grade4 ,the order of precedence of appointees who are appointed on the same date shall be determined by the ,secretary4 7d7 ,any one grade ,when determined by the ,secretary to be in the best interest of the commissioned officer corps1 officers in any permanent grade may be temporarily promoted one grade by the ,president4 ,any such temporary promotion terminates upon the transfer of the officer to a new assignment4 7e7 ,delegation of appointment authority ,if the ,president delegates authority to the ,secretary to make appointments under this section1 the ,president shall1 during a period in which the position of the ,secretary is vacant1 delegate such authority to the ,deputy ,secretary of ,commerce or the ,under ,secretary for ,oceans and ,atmosphere during such period4 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb7 is amended by striking the item relating to section #bbi and inserting the following3 ,sec4 #bbi4 ,temporary appointments4 4 #hef4 ,officer candidates 7a7 ,in general ,subtitle ,b 7#cc ,u4,s4,c4 #cjba et seq47 is amended by adding at the end the following3 #bcd4 ,officer candidates 7a7 ,determination of number ,the ,secretary shall determine the number of appointments of officer candidates4 7b7 ,appointment ,appointment of officer candidates shall be made under regulations which the ,secretary shall prescribe1 including regulations with respect to determining age limits1 methods of selection of officer candidates1 term of service as an officer candidate before graduation from the program1 and all other matters affecting such appointment4 7c7 ,dismissal ,the ,secretary may dismiss from the basic officer training program of the ,administration any officer candidate who1 during the officer candidate's term as an officer candidate1 the ,secretary considers unsatisfactory in either academics or conduct1 or not adapted for a career in the commissioned officer corps of the ,administration4 ,officer candidates shall be subject to rules governing discipline prescribed by the ,director of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps4 7d7 ,agreement 7#a7 ,in general ,each officer candidate shall sign an agreement with the ,secretary in accordance with section #baf7;a77#b7 regarding the officer candidate's term of service in the commissioned officer corps of the ,administration4 7#b7 ,elements ,an agreement signed by an officer candidate under paragraph 7#a7 shall provide that the officer candidate agrees to the following3 7,a7 ,that the officer candidate will complete the course of instruction at the basic officer training program of the ,administration4 7,b7 ,that upon graduation from the such program1 the officer candidate-- 7i7 will accept an appointment1 if tendered1 as an officer2 and 7ii7 will serve on active duty for at least #d years immediately after such appointment4 7e7 ,regulations ,the ,secretary shall prescribe regulations to carry out this section4 ,such regulations shall include-- 7#a7 standards for determining what constitutes a breach of an agreement signed under such subsection 7d77#a72 and 7#b7 procedures for determining whether such a breach has occurred4 7f7 ,repayment ,an officer candidate or former officer candidate who does not fulfill the terms of the obligation to serve as specified under section 7d7 shall be subject to the repayment provisions of section #baf7;b74 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb7 is amended by inserting after the item relating to section #bcc the following3 ,sec4 #bcd4 ,officer candidates4 4 7c7 ,officer candidate defined ,section #bab7;b7 7#cc ,u4,s4,c4 #cjjb7;b77 is amended-- 7#a7 by redesignating paragraphs 7#d7 through 7#f7 as paragraphs 7#e7 through 7#g71 respectively2 and 7#b7 by inserting after paragraph 7#c7 the following3 7#d7 ,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 #bba7;a77#b77;,a74 4 7d7 ,pay for officer candidates ,section #bjc of title #cg1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 7#a7 ,an officer candidate enrolled in the basic officer training program of the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration is entitled1 while participating in such program1 to monthly officer candidate pay at monthly rate equal to the basic pay of an enlisted member in the pay grade ,e-#e with less than #b years service4 7#b7 ,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 officer4 ,if the individual does not graduate from such program1 such time shall not be considered creditable for active duty or pay4 4 #heg4 ,procurement of personnel 7a7 ,in general ,subtitle ,b 7#cc ,u4,s4,c4 #cjba et seq471 as amended by section #hef7;a71 is further amended by adding at the end the following3 #bce4 ,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 ,administration1 including advertising4 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb71 as amended by section #hef7;b71 is further amended by inserting after the item relating to section #bcd the following3 #bce4 ,procurement of personnel4 4 ,,iv ,separation and retirement of officers #hfa4 ,involuntary retirement or separation ,section #bda 7#cc ,u4,s4,c4 #cjda7 is amended by adding at the end the following3 7d7 ,deferment of retirement or separation for medical reasons 7#a7 ,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 section1 the ,secretary may defer the retirement or separation of the officer4 7#b7 ,consent required ,a deferment may only be made with the written consent of the officer involved4 ,if the officer does not provide written consent to the deferment1 the officer shall be retired or separated as scheduled4 7#c7 ,limitation ,a deferral of retirement or separation under this subsection may not extend for more than #cj days after completion of the evaluation requiring hospitalization or medical observation4 4 #hfb4 ,separation pay ,section #bdb 7#cc ,u4,s4,c4 #cjdb7 is amended by adding at the end the following3 7d7 ,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-- 7#a7 expresses a desire not to be selected for promotion2 or 7#b7 requests removal from the list of selectees4 4 ,c ,hydrographic services #hga4 ,reauthorization of ,hydrographic ,services ,improvement ,act of #aiih 7a7 ,reauthorizations ,section #cjf of the ,hydrographic ,services ,improvement ,act of #aiih 7#cc ,u4,s4,c4 #hib;d7 is amended-- 7#a7 in the matter before paragraph 7#a71 by striking ,there are and inserting the following3 7a7 ,in general ,there are 2 7#b7 in subsection 7a7 7as designated by paragraph 7#a77-- 7,a7 in paragraph 7#a71 by striking surveys-- and all that follows through the end of the paragraph and inserting surveys1 #gj1had1jjj for each of fiscal years #bjaf through #bjbj42 7,b7 in paragraph 7#b71 by striking vessels-- and all that follows through the end of the paragraph and inserting vessels1 #be1jjj1jjj for each of fiscal years #bjaf through #bjbj42 7,c7 in paragraph 7#c71 by striking ,administration-- and all that follows through the end of the paragraph and inserting ,administration1 #bi1icb1jjj for each of fiscal years #bjaf through #bjbj42 7,d7 in paragraph 7#d71 by striking title-- and all that follows through the end of the paragraph and inserting title1 #bf1hjj1jjj for each of fiscal years #bjaf through #bjbj42 and 7,e7 in paragraph 7#e71 by striking title-- and all that follows through the end of the paragraph and inserting title1 #cj1efd1jjj for each of fiscal years #bjaf through #bjbj42 and 7#c7 by adding at the end the following3 7b7 ,arctic programs ,of the amount authorized by this section for each fiscal year-- 7#a7 #aj1jjj1jjj is authorized for use-- 7,a7 to acquire hydrographic data2 7,b7 to provide hydrographic services2 7,c7 to conduct coastal change analyses necessary to ensure safe navigation2 7,d7 to improve the management of coastal change in the ,arctic2 and 7,e7 to reduce risks of harm to ,alaska ,native subsistence and coastal communities associated with increased international maritime traffic2 and 7#b7 #b1jjj1jjj is authorized for use to acquire hydrographic data and provide hydrographic services in the ,arctic necessary to delineate the ,united ,states extended ,continental ,shelf4 4 7b7 ,limitation on administrative expenses for surveys ,section #cjf of such ,act 7#cc ,u4,s4,c4 #hib;d7 is further amended by adding at the end the following3 7c7 ,limitation on administrative expenses for surveys ,of amounts authorized by this section for each fiscal year for contract hydrographic surveys1 not more than #e percent is authorized for administrative costs associated with contract management4 4 ,june #ad1 #bjaf,reported with an amendment