,,ii #aafth ,,congress #b;d ,session ,s4 #cicj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #aj1 #bjbj ,mr4 ,wicker introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to reauthorize the ,maritime ,administration and to reauthorize the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb4 #a4 ,short title ,this ,act may be cited as the ,maritime ,administration ,authorization and ,improvement ,act4 #b4 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,title ,i--,maritime ,matters ,sec4 #aja4 ,authorization of the ,maritime ,administration4 ,sec4 #ajb4 ,marine highways4 ,sec4 #ajc4 ,maritime security program operating requirement4 ,sec4 #ajd4 ,tanker security fleet4 ,sec4 #aje4 ,port and intermodal improvement program4 ,sec4 #ajf4 ,sea year cadets on cable security fleet and tanker security fleet vessels4 ,sec4 #ajg4 ,conditional bachelor of science degree from ,united ,states ,merchant ,marine ,academy4 ,sec4 #ajh4 ,graduation requirements for ,state maritime academies4 ,sec4 #aji4 ,superintendent of the ,united ,states ,merchant ,marine ,academy4 ,sec4 #aaj4 ,maritime academy information4 ,sec4 #aaa4 ,centers of excellence for domestic maritime workforce training and education4 ,sec4 #aab4 ,criteria to be eligible to train students from ,state maritime academies4 ,sec4 #aac4 ,improvement of the ,national ,oceanographic ,partnership ,program4 ,sec4 #aad4 ,,gao review of ,department-wide efforts to manage cybersecurity4 ,sec4 #aae4 ,,gao review of efforts to support and grow the vessels of the ,united ,states4 ,sec4 #aaf4 ,,gao review of ,federal efforts to enhance port infrastructure resiliency and disaster preparedness4 ,sec4 #aag4 ,study on foreign investment in shipping4 ,sec4 #aah4 ,national ,academies standing committee on ,america's supply chain security during disasters4 ,title ,,ii--,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,sec4 #bja4 ,references to ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb4 ,subtitle ,a--,general ,provisions ,sec4 #baa4 ,strength and distribution in grade4 ,sec4 #bab4 ,recalled officers4 ,sec4 #bac4 ,obligated service requirement4 ,sec4 #bad4 ,training and physical fitness4 ,sec4 #bae4 ,aviation accession training programs4 ,sec4 #baf4 ,recruiting materials4 ,sec4 #bag4 ,technical correction4 ,subtitle ,b--,parity and ,recruitment ,sec4 #bba4 ,education loans4 ,sec4 #bbb4 ,interest payments4 ,sec4 #bbc4 ,student pre-commissioning program4 ,sec4 #bbd4 ,limitation on educational assistance4 ,sec4 #bbe4 ,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 #bbf4 ,applicability of certain provisions of title #cg1 ,united ,states ,code4 ,sec4 #bbg4 ,prohibition on retaliatory personnel actions4 ,sec4 #bbh4 ,application of certain provisions of competitive service law4 ,sec4 #bbi4 ,employment and reemployment rights4 ,sec4 #bcj4 ,treatment of commission in commissioned officer corps for purposes of certain hiring decisions4 ,subtitle ,c--,appointments and ,promotion of ,officers ,sec4 #bca4 ,appointments4 ,sec4 #bcb4 ,personnel boards4 ,sec4 #bcc4 ,positions of importance and responsibility4 ,sec4 #bcd4 ,temporary appointments4 ,sec4 #bce4 ,officer candidates4 ,sec4 #bcf4 ,procurement of personnel4 ,sec4 #bcg4 ,career intermission program4 ,subtitle ,d--,separation and ,retirement of ,officers ,sec4 #bda4 ,involuntary retirement or separation4 ,sec4 #bdb4 ,separation pay4 ,title ,,iii--,other ,national ,oceanic and ,atmospheric ,administration ,matters ,sec4 #cja4 ,charting and survey services4 ,sec4 #cjb4 ,leases and co-location agreements4 ,sec4 #cjc4 ,satellite and data management4 ,i ,maritime ,matters #aja4 ,authorization of the ,maritime ,administration 7a7 ,in general ,there are authorized to be appropriated to the ,department of ,transportation for fiscal year #bjba1 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 #ih1baf1jjj1 of which-- 7,a7 #hj1baf1jjj shall remain available until ,september #cj1 #bjbb1 for ,academy operations2 and 7,b7 #ah1jjj1jjj shall remain available until expended for capital asset management at the ,academy4 7#b7 ,for expenses necessary to support the ,state maritime academies1 #ej1ghj1jjj1 of which-- 7,a7 #b1djj1jjj shall remain available until ,september #cj1 #bjbb1 for the ,student ,incentive ,program2 7,b7 #f1jjj1jjj shall remain available until expended for direct payments to such academies2 7,c7 #cj1ejj1jjj shall remain available until expended for maintenance and repair of ,state maritime academy training vessels2 7,d7 #c1hjj1jjj shall remain available until expended for training ship fuel assistance2 and 7,e7 #h1jhj1jjj shall remain available until expended for offsetting the costs of training ship sharing4 7#c7 ,for expenses necessary to support the ,national ,security ,multi-,mission ,vessel ,program1 #chi1jjj1jjj1 which shall remain available until expended4 7#d7 ,for expenses necessary to support ,maritime ,administration operations and programs1 #hj1fbh1jjj1 of which-- 7,a7 #e1jjj1jjj shall remain available until expended for activities authorized under section #ejcjg of title #df1 ,united ,states ,code2 and 7,b7 #ai1gge1jjj shall remain available until expended for the ,marine ,highways ,program4 7#e7 ,for expenses necessary to dispose of vessels in the ,national ,defense ,reserve ,fleet1 #e1jjj1jjj1 which shall remain available until expended4 7#f7 ,for expenses necessary to maintain and preserve a ,united ,states flag ,merchant ,marine to serve the national security needs of the ,united ,states under chapter #eca of title #df1 ,united ,states ,code1 #cad1jjh1jjj1 which shall remain available until expended4 7#g7 ,for expenses necessary for the loan guarantee program authorized under chapter #ecg of title #df1 ,united ,states ,code1 #cc1jjj1jjj1 of which-- 7,a7 #cj1jjj1jjj may be used 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 program1 which shall remain available until expended2 and 7,b7 #c1jjj1jjj may be used for administrative expenses relating to loan guarantee commitments under the program4 7#h7 ,for expenses necessary to provide assistance to small shipyards and for maritime training programs under section #edaja of title #df1 ,united ,states ,code1 #dj1jjj1jjj1 which shall remain available until expended4 7#i7 ,for expenses necessary to implement section #aaa of this ,act1 #bjj1jjj1jjj4 7#aj7 ,for expenses necessary to implement the ,port and ,intermodal ,improvement ,program1 #ejj1jjj1jjj4 #ajb4 ,marine highways 7a7 ,marine highways program ,section #eefja of title #df1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by striking ,short sea transportation program and inserting ,marine highways program2 7#b7 by redesignating subsections 7a7 through 7g7 as subsections 7c7 through 7i71 respectively2 7#c7 by inserting before subsection 7c71 as redesignated by paragraph 7#b71 the following3 7a7 ,findings ,congress makes the following findings3 7#a7 ,our ,nation's waterways are an integral part of our transportation network4 7#b7 ,river transportation is the most efficient form of bulk transportation1 the safest mode of transportation1 and more environmentally friendly than other forms of transportation4 7#c7 ,using the ,nation's waterways--coastal1 inland1 and others that can support commercial transportation1 alleviates surface transportation congestion and burdensome road and bridge repair costs4 7#d7 ,marine highways are serviced by documented ,united ,states ,flag vessels and manned by ,united ,states citizens1 providing added resources for national security and to aid in times of crisis4 7#e7 ,according to the ,united ,states ,army ,corps of ,engineers1 inland navigation is a key element of economic development and is essential in maintaining economic competitiveness and national security4 7b7 ,definitions 7#a7 ,marine highway project ,the term marine highway project means planned or contemplated new services1 or expansions of existing services1 on marine highway routes1 that seek to provide new modal choices to shippers1 offer more desirable services1 reduce transportation costs1 or provide public benefits1 which include reduced air emissions1 reduced road maintenance costs1 connectivity1 and improved safety or resiliency impacts4 7#b7 ,marine highway route ,the term marine highway route means commercially navigable coastal1 inland1 or intracoastal waters of the ,united ,states 7including connections between ,united ,states ports and ,canadian ports and non-contiguous ,united ,states ports74 2 7#d7 in subsection 7c71 as redesignated by paragraph 7#b7-- 7,a7 by inserting 1 to be known as the ,america's ,marine ,highway program1 after transportation program2 7,b7 by striking short sea transportation projects and inserting marine highway projects2 and 7,c7 by striking mitigate landside congestion or to promote short sea transportation and insert provide an alternative to transportation or to promote short sea transportation2 7#e7 in subsection 7d71 as redesignated by paragraph 7#b71 by striking paragraph 7#a7 and inserting the following3 7#a7 vessels documented under chapter #aba of this title 2 7#f7 by striking subsection 7e71 as redesignated by paragraph 7#b71 and inserting the following3 7e7 ,designation and mapping of marine highway routes 7#a7 ,in general ,not later than #fj days after the date the ,secretary receives a request for designation of a new marine highway route or extension of an existing marine highway route from an eligible requester as described in paragraph 7#d71 the ,secretary shall make a determination whether to designate or extend such marine highway route as an integrated part of the surface transportation system and increase public and private efforts to use the waterways as an alternative to coastal or inland highway corridors or to promote short sea transportation4 7#b7 ,notification ,not later than #g days after the date on which the ,secretary makes the determination whether to designate or extend a marine highway route under paragraph 7#a71 the ,secretary shall send the eligible requester a notification of the determination4 7#c7 ,data collection and dissemination ,the ,secretary may collect and disseminate data for the designation and delineation of short sea transportation routes1 naming them as the ,united ,states ,marine ,highway ,routes4 7#d7 ,eligible requesters ,a request for designation of a new marine highway route or extension of an existing marine highway route may be submitted to the ,secretary1 by-- 7,a7 the ,governor of an affected ,state2 7,b7 an official ,tribal resolution of an ,indian tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd771 or a consortium of ,indian tribes2 7,c7 a ,state ,department of ,transportation2 7,d7 a ,port ,authority2 7,e7 a metropolitan planning organization2 or 7,f7 any other comparable elected or politically appointed representative1 as determined by the ,secretary4 7#e7 ,numbering of routes ,each marine highway route1 if practicable1 shall be numbered in terms of the specific landside transportation routes 7road or railway7 that it parallels or to which it connects4 7#f7 ,map ,not later than #abj days after the date of enactment of the ,maritime ,administration ,authorization and ,improvement ,act1 and thereafter each time a marine highway route is amended or added1 the ,secretary shall make publically available a map showing the location of marine highway routes along the coasts1 in the inland waterways1 and at sea4 2 7#g7 in subsection 7f71 as redesignated by paragraph 7#b7-- 7,a7 in the matter preceding paragraph 7#a71 by striking short sea transportation project and inserting marine highway project2 and 7,b7 by striking paragraph 7#a7 and inserting the following3 7#a7 provides an alternative to landside transportation2 or 2 7#h7 in subsection 7g71 as redesignated by paragraph 7#b7-- 7,a7 in the matter preceding paragraph 7#a71 by striking short sea transportation project designated under this section1 the ,secretary may and inserting marine highway project designated under this section1 the ,secretary shall2 and 7,b7 in paragraph 7#c71 by striking short sea transportation program and inserting marine highways program2 7#i7 in subsection 7h71 as redesignated by paragraph 7#b71 in the matter preceding paragraph 7#a71 by striking may develop and inserting shall develop2 7#aj7 in subsection 7i71 as redesignated by paragraph 7#b7-- 7,a7 by redesignating paragraph 7#c7 as paragraph 7#aj72 7,b7 in paragraph 7#a7-- 7i7 by striking a short sea transportation grant program and inserting a marine highway grant program2 and 7ii7 by striking subsection 7d7 and inserting subsection 7f72 and 7,c7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,applications 7,a7 ,in ,general ,to be eligible for assistance under this section1 an applicant shall submit an application1 in such form1 and containing such information and assurances as the ,administrator may require1 not later than #ij days after the date of enactment of the appropriations ,act for the fiscal year concerned4 7,b7 ,eligible applicant2 minimum standards for payment or reimbursement ,each application submitted under paragraph 7#a7 shall include a comprehensive description of-- 7i7 regions served2 7ii7 the marine highway route that the project will use1 which may include connection to existing or planned transportation infrastructure and intermodal facilities1 key navigational factors such as available draft1 channel width1 bridge air draft1 or lock clearance1 and any foreseeable impacts on navigation or commerce1 and a map of the proposed route2 7iii7 project supporters1 which may include including business affiliations1 private sector stakeholders1 ,state ,departments of ,transportation1 metropolitan planning organizations1 municipalities1 or other governmental entities 7including ,tribal governments71 as applicable2 7iv7 estimated volume of passengers or cargo2 7v7 the need for the project2 7vi7 the definition of the success goal for the project1 such as volumes of cargo or passengers moved1 or contribution to environmental mitigation1 safety1 reduced ,,vmt1 or reduced maintenance and repair costs2 7vii7 the methodology for implementing the project1 including a description of the proposed operational framework of the project including the origin1 destination1 and any intermediate stops on the route1 transit times1 vessel types1 and service frequency2 and 7viii7 any existing programs or arrangements that can be used to supplement or leverage assistance under the program4 7#c7 ,timing of grant notice ,the ,administrator shall post a ,notice of ,funding ,opportunity regarding grants awarded under this section not more than #ae days after the date of enactment of the appropriations ,act for the fiscal year concerned4 7#d7 ,timing of grants ,the ,administrator shall award grants under this section not later than #abj days after the date of the enactment of the appropriations ,act for the fiscal year concerned4 7#e7 ,reuse of unexpended grant funds ,notwithstanding paragraph 7#d71 amounts awarded as a grant under this section that are not expended by the grantee shall remain available to the ,administrator for use for grants under this section4 7#f7 ,administrative costs ,not more than #c percent of amounts made available to carry out the program may be used for the necessary costs of grant administration4 7#g7 ,procedural safeguards ,the ,administrator1 in consultation with the ,office of the ,inspector ,general1 shall issue guidelines to establish appropriate accounting1 reporting1 and review procedures to ensure that-- 7,a7 grant funds are used for the purposes for which they were made available2 7,b7 grantees have properly accounted for all expenditures of grant funds2 and 7,c7 grant funds not used for such purposes and amounts not obligated or expended are returned4 7#h7 ,project approval required ,the ,administrator may not award a grant under this section unless the ,administrator determines that-- 7,a7 sufficient funding is available to meet the matching requirements of paragraph 7#aj72 7,b7 the project will be completed without unreasonable delay2 and 7,c7 the recipient has authority to carry out the proposed project4 7#i7 ,confidential information ,information of a confidential nature1 such as proprietary or classified information1 provided to a ,united ,states firm pursuant to this section shall be protected4 ,such information may be released by a ,united ,states firm only after written approval by the ,secretary4 2 and 7#aa7 by adding at the end the following3 7j7 ,prohibited uses ,grants awarded under this section may not be used to raise sunken vessels1 construct buildings1 or other physical facilities or to acquire land4 7k7 ,allocation of funds ,the ,administrator may not award more than #be percent of the funds appropriated to carry out this section for any fiscal year to any project in one geographic location4 7l7 ,audits and examinations ,all grantees under this section shall maintain such records as the ,administrator may require and make such records available for review and audit by the ,administrator4 4 7b7 ,cargo and shippers ,section #eefjb of title #df1 ,united ,states ,code1 is amended1 in subsection 7a71 by striking short sea transportation project and inserting marine highway project4 7c7 ,research on short sea transportation ,section #eefjd of title #df1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#c7 as paragraphs 7#d7 through 7#f71 respectively2 and 7#b7 by inserting before paragraph 7#d71 as redesignated by paragraph 7#a71 the following3 7#a7 the economic importance of marine highways transportation to the ,united ,states economy2 7#b7 the importance of marine highways to rural areas2 7#c7 identifying pairs of ,united ,states regions and territories1 and within-region areas1 that do not yet have marine highway projects underway1 but that could benefit from the establishment of marine highway services2 2 and 7#c7 in paragraph 7#f71 as redesignated by paragraph 7#a71 by striking short sea transportation projects and inserting marine highway projects4 7d7 ,short sea transportation ,section #eefje of title #df1 ,united ,states ,code1 is amended to read as follows3 #eefje4 ,short sea transportation defined ,in this chapter1 the term short sea transportation means the carriage of bulk or containerized cargo1 passengers1 or freight by a ,united ,states documented vessel that is-- 7#a7 loaded at a port in the ,united ,states and unloaded either at another port in the ,united ,states or at a port in ,canada2 or 7#b7 loaded at a port in ,canada and unloaded at a port in the ,united ,states4 4 7e7 ,expending ,federal ,funds ,beginning on the date of enactment of this title1 the ,secretary of ,transportation may allow grant recipients to expend ,federal funds to complete projects under the grant programs carried out under sections #edaja1 #eefja1 and #ejcjb of title #df1 ,united ,states ,code1 before expending any required non-,federal funds4 #ajc4 ,maritime security program operating requirement 7a7 ,required operating days ,for the period beginning on the date of enactment of this title and ending on ,september #cj1 #bjba1 subsection 7b7 and subsection 7d77#c7 of section #ecajf of title #df1 ,united ,states ,code1 shall be applied by substituting #ahj days for #cbj days4 7b7 ,payments 7#a7 ,immediate payments2 advance payments ,notwithstanding section #ecajf7;a77#b7 of title #df1 ,united ,states ,code1 the ,secretary of ,transportation may-- 7,a7 pay immediately the amount remaining to be paid for fiscal year #bjbj to each contractor for an operating agreement1 for each vessel that is covered by an operating agreement2 and 7,b7 for fiscal year #bjba1 for any particular period1 pay in advance the stipend authorized by section #ecajf7;a7 of title #df1 ,united ,states ,code1 upon a determination by the ,secretary of ,transportation that advance payments for such period are in the interest of the national defense4 7#b7 ,recoupment ,advance payments under this subsection shall be subject to recoupment by the ,secretary of ,transportation for any days that-- 7,a7 a vessel does not comply with the provisions of subsections 7c7 and 7d7 of section #ecajf of title #df1 ,united ,states ,code2 or 7,b7 the contractor's operations have not complied with the limitation with respect to noncontiguous trade under subsection 7e7 of section #ecajf of title #df1 ,united ,states ,code4 #ajd4 ,tanker security fleet 7a7 ,in general ,subtitle ,v of title #df1 ,united ,states ,code1 is amended by inserting after chapter #ecc the following3 #ecd ,tanker ,security ,fleet ,sec4 #ecdja4 ,definitions4 #ecdjb4 ,establishment of the ,tanker ,security ,fleet4 #ecdjc4 ,award of operating agreements4 #ecdjd4 ,effectiveness of operating agreements4 #ecdje4 ,obligations and rights under operating agreements4 #ecdjf4 ,payments4 #ecdjg4 ,national security requirements4 #ecdjh4 ,regulatory relief4 #ecdji4 ,special rule regarding age of participating fleet vessels4 #ecdaj4 ,regulations4 #ecdaa4 ,authorization of appropriations4 #ecdab4 ,acquisition of fleet vessels4 #ecdja4 ,definitions ,in this chapter3 7#a7 ,foreign commerce ,the term foreign commerce means-- 7,a7 commerce or trade between the ,united ,states1 its territories or possessions1 or the ,district of ,columbia1 and a foreign country2 and 7,b7 commerce or trade between foreign countries4 7#b7 ,participating fleet vessel ,the term participating fleet vessel means any product tank vessel covered by an operating agreement under this chapter on or after ,january #a1 #bjba1 that-- 7,a7 meets the requirements of one of paragraphs 7#a7 through 7#d7 of section #ecdjb7;b7 of this title2 and 7,b7 is no more than #bj years of age4 7#c7 ,person ,the term person includes corporations1 partnerships1 and associations existing under1 or authorized by1 laws of the ,united ,states1 or any ,state1 territory1 district1 or possession thereof1 or any foreign country4 7#d7 ,product tank vessel ,the term product tank vessel means a double-hulled tank vessel capable of carrying simultaneously more than #b separated grades of refined petroleum products4 7#e7 ,program participant ,the term program participant means an owner or operator of a vessel that enters into an operating agreement covering a participating fleet vessel with the ,secretary under section #ecdjc4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,transportation1 unless the context indicates otherwise4 7#g7 ,united ,states citizen trust ,the term ,united ,states citizen trust-- 7,a7 means a trust for which-- 7i7 each of the trustees is a citizen of the ,united ,states2 and 7ii7 the application for documentation of the vessel under chapter #aba of this title includes an affidavit of each trustee stating that the trustee is not aware of any reason involving a beneficiary of the trust that is not a citizen of the ,united ,states1 or involving any other person who is not a citizen of the ,united ,states1 as a result of which the beneficiary or other person would hold more than #be percent of the aggregate power to influence or limit the exercise of the authority of the trustee with respect to matters involving any ownership or operation of the vessel that may adversely affect the interests of the ,united ,states2 7,b7 does not include a trust for which any person that is not a citizen of the ,united ,states has authority to direct1 or participate in directing1 a trustee for a trust in matters involving any ownership or operation of the vessel that may adversely affect the interests of the ,united ,states or in removing a trustee without cause1 either directly or indirectly through the control of another person1 unless the trust instrument provides that persons who are not citizens of the ,united ,states may not hold more than #be percent of the aggregate authority to so direct or remove a trustee2 and 7,c7 may include a trust for which a person who is not a citizen of the ,united ,states holds more than #be percent of the beneficial interest in the trust4 #ecdjb4 ,establishment of the ,tanker ,security ,fleet 7a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,defense1 shall establish a fleet of active1 commercially viable1 militarily useful1 privately owned product tank vessels to meet national defense and other security requirements and maintain a ,united ,states presence in international commercial shipping4 ,the fleet shall consist of privately owned vessels of the ,united ,states for which there are in effect operating agreements under this chapter1 and shall be known as the ,tanker ,security ,fleet 7hereafter in this chapter referred to as the ,fleet74 7b7 ,vessel eligibility ,a vessel is eligible to be included in the ,fleet if the vessel-- 7#a7 meets the requirements under paragraph 7#a71 7#b71 7#c71 or 7#d7 of subsection 7c72 7#b7 is operated 7or in the case of a vessel to be constructed1 will be operated7 in providing transportation in ,united ,states foreign commerce2 7#c7 is self-propelled2 7#d7 is not more than #aj years of age on the date the vessel is first included in the ,fleet2 7#e7 is determined by the ,secretary of ,defense to be suitable for use by the ,united ,states for national defense or military purposes in time of war or national emergency2 7#f7 is commercially viable1 as determined by the ,secretary2 and 7#g7 is-- 7,a7 a vessel of the ,united ,states2 or 7,b7 not a vessel of the ,united ,states1 but-- 7i7 the owner of the vessel has demonstrated an intent to have the vessel documented under chapter #aba of this title if it is included in the ,fleet2 and 7ii7 at the time an operating agreement is entered into under this chapter1 the vessel is eligible for documentation under chapter #aba of this title4 7c7 ,requirements regarding citizenship of owners1 charterers1 and operators 7#a7 ,vessels owned and operated by section #ejeja citizens ,a vessel meets the requirements of this paragraph if1 during the period of an operating agreement under this chapter that applies to the vessel1 the vessel will be owned and operated by one or more persons that are citizens of the ,united ,states under section #ejeja of this title4 7#b7 ,vessels owned by a section #ejeja citizen1 or ,united ,states citizen trust1 and chartered to a documentation citizen ,a vessel meets the requirements of this paragraph if-- 7,a7 during the period of an operating agreement under this chapter that applies to the vessel1 the vessel will be-- 7i7 owned by a person that is a citizen of the ,united ,states under section #ejeja of this title or that is a ,united ,states citizen trust2 and 7ii7 demise chartered to a person-- 7,i7 that is eligible to document the vessel under chapter #aba of this title2 7,,ii7 the chairman of the board of directors1 chief executive officer1 and a majority of the members of the board of directors of which are citizens of the ,united ,states under section #ejeja of this title1 and are appointed and subjected to removal only upon approval by the ,secretary2 and 7,,iii7 that certifies to the ,secretary that there are no treaties1 statutes1 regulations1 or other laws that would prohibit the program participant for the vessel from performing its obligations under an operating agreement under this chapter2 7,b7 in the case of a vessel that will be demise chartered to a person that is owned or controlled by another person that is not a citizen of the ,united ,states under section #ejeja of this title1 the other person enters into an agreement with the ,secretary not to influence the operation of the vessel in a manner that will adversely affect the interests of the ,united ,states2 and 7,c7 the ,secretary and the ,secretary of ,defense notify the ,committee on ,armed ,services and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,armed ,services and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that the ,secretaries concur with the certification required under subparagraph 7,a77ii77,,iii71 and have reviewed and agree that there are no legal1 operational1 or other impediments that would prohibit the owner or operator for the vessel from performing its obligations under an operating agreement under this chapter4 7#c7 ,vessels owned and operated by a defense contractor ,a vessel meets the requirements of this paragraph if-- 7,a7 during the period of an operating agreement under this chapter that applies to the vessel1 the vessel will be owned and operated by a person that-- 7i7 is eligible to document a vessel under chapter #aba of this title2 7ii7 operates or manages other vessels of the ,united ,states for the ,secretary of ,defense1 or charters other vessels to the ,secretary of ,defense2 7iii7 has entered into a special security agreement for the purpose of this paragraph with the ,secretary of ,defense2 7iv7 makes the certification described in paragraph 7#b77;,a77ii77,,iii72 and 7v7 in the case of a vessel described in paragraph 7#b77;,b71 enters into an agreement referred to in that paragraph2 and 7,b7 the ,secretary and the ,secretary of ,defense notify the ,committee on ,armed ,services and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,armed ,services and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that they concur with the certification required under subparagraph 7,a77iv71 and have reviewed and agree that there are no legal1 operational1 or other impediments that would prohibit the program participant for the vessel from performing its obligations under an operating agreement under this chapter4 7#d7 ,vessels owned by documentation citizens and chartered to section #ejeja citizens ,a vessel meets the requirements of this paragraph if1 during the period of an operating agreement under this chapter1 the vessel will be-- 7,a7 owned by a person who is eligible to document a vessel under chapter #aba of this title2 and 7,b7 demise chartered to a person that is a citizen of the ,united ,states under section #ejeja of this title4 7d7 ,request by ,secretary of ,defense ,the ,secretary of ,defense shall request that the ,secretary of ,homeland ,security issue any waiver under section #eja of this title that the ,secretary of ,defense determines is necessary for purposes of this chapter4 7e7 ,vessel standards 7#a7 ,certificate of inspection ,a vessel used to provide oceangoing transportation that the ,secretary of the department in which the ,coast ,guard is operating determines meets the criteria of subsection 7b7 but which1 on the date of enactment of this section1 is not documented under chapter #aba of this title1 shall be eligible for a certificate of inspection if the ,commandant of the ,coast ,guard determines that-- 7,a7 the vessel is classed by and designed in accordance with the rules of the ,american ,bureau of ,shipping1 or another classification society accepted by the ,commandant of the ,coast ,guard2 7,b7 the vessel complies with applicable international agreements and associated guidelines1 as determined by the country in which the vessel was documented immediately before becoming documented under chapter #aba of this title2 and 7,c7 the country has not been identified by the ,commandant of the ,coast ,guard as inadequately enforcing international vessel regulations as to that vessel4 7#b7 ,continued eligibility for certificate ,subsection 7a7 shall not apply to any vessel that has failed to comply with the applicable international agreements and association guidelines referred to in paragraph 7#a77;,b74 7#c7 ,reliance on classification society 7,a7 ,in general ,the ,commandant of the ,coast ,guard may rely on a certification from the ,american ,bureau of ,shipping or1 subject to subparagraph 7,b71 another classification society accepted by the ,commandant of the ,coast ,guard1 to establish that a vessel is in compliance with the requirements of paragraph 7#a74 7,b7 ,foreign classification society ,the ,commandant of the ,coast ,guard may accept certification from a foreign classification society under subparagraph 7,a7 only-- 7i7 to the extent that the government of the foreign country in which the society is headquartered provides access on a reciprocal basis to the ,american ,bureau of ,shipping2 and 7ii7 if the foreign classification society has offices and maintains records in the ,united ,states4 #ecdjc4 ,award of operating agreements 7a7 ,in general ,the ,secretary shall require1 as a condition of including any vessel in the ,fleet1 that the program participant for the vessel enter into an operating agreement with the ,secretary under this section4 7b7 ,procedure for applications 7#a7 ,eligible vessels ,the ,secretary shall accept an application for an operating agreement for an eligible product tank vessel under the priority under paragraph 7#b7 only from a person that has authority to enter into an operating agreement under this chapter4 7#b7 ,establishment of priority ,the ,secretary may enter into a new operating agreement with an applicant that meets the requirements of section #ecdjb7;c7 for a vessel that meets the qualifications of section #ecdjb7;b71 and shall give priority to applications based on-- 7,a7 vessel capabilities1 as established by the ,secretary of ,defense2 then 7,b7 after consideration of vessel type1 to an applicant that is a ,united ,states citizen under section #ejeja of this title2 then 7,c7 after consideration of applicant citizenship1 according to an applicant's record of owning and operating vessels2 then 7,d7 after consideration of ownership and operation1 according to such additional priorities as the ,secretary may consider appropriate4 7#c7 ,concurrence of award ,the ,secretary may not approve an application for an operating agreement without the concurrence of the ,secretary of ,defense4 7c7 ,limitation ,for any fiscal year1 the ,secretary may not award operating agreements under this chapter that require payments under section #ecdjf of this title for more than #aj vessels4 7d7 ,judicial review ,no court shall have jurisdiction to review the ,secretary's decision with respect to the award or non-award of an operating agreement issued under this chapter4 #ecdjd4 ,effectiveness of operating agreements 7a7 ,in general ,the ,secretary may enter into an operating agreement under this chapter for fiscal year #bjba4 ,the agreement shall be effective only for #a fiscal year1 but shall be renewable1 subject to the availability of appropriations1 for each fiscal year through the end of fiscal year #bjce4 7b7 ,vessels under charter to the ,united ,states ,the program participant of a vessel under charter to the ,united ,states is eligible to receive payments pursuant to any operating agreement that covers such vessel4 7c7 ,termination 7#a7 ,termination by ,secretary for lack of program participant compliance ,if the program participant with respect to an operating agreement materially fails to comply with the terms of the agreement-- 7,a7 the ,secretary shall notify the program participant and provide a reasonable opportunity to comply with the operating agreement2 and 7,b7 the ,secretary shall terminate the operating agreement if the program participant fails to achieve such compliance4 7#b7 ,termination by program participant ,if a program participant provides notice of the intent to terminate an operating agreement under this chapter on a date specified by not later than #fj days prior to such date1 such agreement shall terminate on the date specified by the program participant4 7d7 ,nonrenewal for lack of funds ,if1 by the first day of a fiscal year1 sufficient funds have not been appropriated under the authority provided by this chapter for that fiscal year1 then the ,secretary shall notify the ,committee on ,armed ,services and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,armed ,services and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that operating agreements authorized under this chapter for which sufficient funds are not available will not be renewed for that fiscal year if sufficient funds are not appropriated by the #fjth day of that fiscal year4 7e7 ,release of vessels from obligations ,if funds are not appropriated for payments under an operating agreement under this chapter for any fiscal year by the #fjth day of that fiscal year1 then-- 7#a7 each vessel covered by the operating agreement is thereby released from any further obligation under the operating agreement2 7#b7 the program participant for the vessel may transfer and register such vessel under a foreign registry that is acceptable to the ,secretary and the ,secretary of ,defense1 notwithstanding section #efaja of this title2 and 7#c7 if chapter #efc of this title is applicable to the vessel after registration1 then the vessel is available to be requisitioned by the ,secretary pursuant to chapter #efc of this title4 #ecdje4 ,obligations and rights under operating agreements 7a7 ,operation of vessel ,an operating agreement under this chapter shall require that1 during the period the vessel covered by the agreement is operating under the agreement1 the vessel shall-- 7#a7 be operated in the ,united ,states foreign commerce1 mixed ,united ,states foreign commerce and domestic trade allowed under a registry endorsement issued under section #abaaa of this title1 foreign-to-foreign commerce1 or under a charter to the ,united ,states2 7#b7 not be operated in the coastwise trade1 except as described in paragraph 7#a72 and 7#c7 be documented under chapter #aba of this title4 7b7 ,annual payments by the ,secretary 7#a7 ,in general ,an operating agreement under this chapter shall require1 subject to the availability of appropriations1 that the ,secretary make a payment to the program participant in accordance with section #ecdjf4 7#b7 ,operating agreement is an obligation of the ,united ,states ,government ,an operating agreement under this chapter constitutes a contractual obligation of the ,united ,states ,government to pay the amounts provided for in the agreement to the extent of actual appropriations4 7c7 ,documentation requirement ,each vessel covered by the operating agreement1 including an agreement terminated under section #ecdjd7;c77#b71 shall remain documented under chapter #aba of this title until the date the operating agreement would terminate according to its terms4 7d7 ,national security requirements 7#a7 ,in general ,a program participant with respect to an operating agreement1 including an agreement terminated under section #ecdjd7;c77#b71 shall continue to be bound by the provisions of section #ecdjg until the date the operating agreement would terminate according to its terms4 7#b7 ,emergency preparedness agreement ,all terms and conditions of an ,emergency ,preparedness ,agreement entered into under section #ecdjg shall remain in effect until the date the operating agreement would terminate according to its terms1 except that the terms of such ,emergency ,preparedness ,agreement may be modified by the mutual consent of the program participant1 the ,secretary1 and the ,secretary of ,defense4 7e7 ,transfer of operating agreements ,a program participant may transfer an operating agreement 7including all rights and obligations under the agreement7 to any person that is eligible to enter into that operating agreement under this chapter1 if the ,secretary and the ,secretary of ,defense determine that the transfer is in the best interests of the ,united ,states4 7f7 ,replacement of vessels covered by agreements ,a program participant may replace a vessel covered by an operating agreement with another vessel that is eligible to be included in the ,fleet under section #ecdjb7;b71 if the ,secretary1 in coordination with the ,secretary of ,defense1 approves the replacement of the vessel4 ,no court shall have jurisdiction to review a decision by the ,secretary or the ,secretary of ,defense pertaining to the replacement of a vessel under this section4 #ecdjf4 ,payments 7a7 ,annual payment ,subject to the availability of appropriations for such purpose and the other provisions of this chapter1 the ,secretary shall pay to the program participant for an operating agreement under this chapter an amount equal to #f1jjj1jjj for each vessel covered by the agreement for each fiscal year that the vessel is covered by the agreement4 ,such amount shall be paid in equal monthly installments on the last day of each month4 ,the amount payable under this subsection may not be reduced except as provided by this section4 7b7 ,certification required for payment ,as a condition of receiving payment under this section for a fiscal year for a vessel1 the program participant shall certify1 in accordance with regulations issued by the ,secretary1 that the vessel has been and will be operated in accordance with section #ecdje7;a7 of this title for at least #cbj days during the fiscal year4 ,days during which the vessel is drydocked1 surveyed1 inspected1 or repaired shall be considered days of operation for purposes of this subsection4 7c7 ,general limitations ,the ,secretary may not make any payment under this chapter for a vessel with respect to any days for which the vessel is-- 7#a7 not operated or maintained in accordance with an operating agreement under this chapter2 7#b7 more than #bj years of age2 or 7#c7 simultaneously operating under an agreement issued pursuant to chapter #eca of this title4 7d7 ,reductions in payments ,with respect to payments under this chapter for a vessel covered by an operating agreement1 the ,secretary-- 7#a7 except as provided in paragraph 7#b71 may not reduce such a payment for-- 7,a7 the operation of the vessel to carry military or other preference cargoes under section #eecjb7;a71 #eecjd1 #eecje1 or #eecad of this title1 section #bfca of title #aj1 or any other cargo preference law of the ,united ,states2 or 7,b7 any days in which the vessel is operated under charter to the ,united ,states ,government2 7#b7 may not make such a payment for any day that the vessel is engaged in transporting more than #g1ejj tons of civilian bulk preference cargoes pursuant to section #eecjb7;a71 #eecje1 or #eecad of this title2 and 7#c7 shall make a pro rata reduction for each day less than #cbj in a fiscal year that the vessel is not operated in accordance with section #ecdje of this title4 7e7 ,limitations regarding noncontiguous domestic trade 7#a7 ,in general ,no program participant shall receive payments pursuant to this chapter during a period in which it participates in noncontiguous domestic trade4 7#b7 ,limitation on application ,paragraph 7#a7 shall not apply to a program participant that is a citizen of the ,united ,states within the meaning of section #ejeja of this title1 applying the #ge percent ownership requirement of that section4 7#c7 ,participates in a noncontiguous trade defined ,in this subsection the term participates in a noncontiguous domestic trade means directly or indirectly owns1 charters1 or operates a vessel engaged in transportation of cargo between a point in the contiguous #dh ,states and a point in ,alaska1 ,hawaii1 or ,puerto ,rico1 other than a point in ,alaska north of the ,arctic ,circle4 #ecdjg4 ,national security requirements 7a7 ,emergency preparedness agreement required ,the ,secretary1 in coordination with the ,secretary of ,defense1 shall establish an emergency preparedness program under this section under which the program participant for an operating agreement under this chapter shall agree1 as a condition of the operating agreement1 to enter into an ,emergency ,preparedness ,agreement with the ,secretary4 ,the ,secretary shall negotiate and enter into an ,emergency ,preparedness ,agreement with each program participant as promptly as practicable after the program participant has entered into the operating agreement4 7b7 ,terms of agreement ,the terms of an agreement under this section-- 7#a7 shall provide that1 upon request by the ,secretary of ,defense during time of war or national emergency1 or whenever determined by the ,secretary of ,defense to be necessary for national security or contingency operation 7as that term is defined in section #aja of title #aj71 the program participant shall make available commercial transportation resources 7including services7 described in subsection 7d7 to the ,secretary of ,defense2 7#b7 shall include such additional terms as may be established by the ,secretary and the ,secretary of ,defense2 and 7#c7 shall allow for the modification or addition of terms upon agreement by the ,secretary and the program participant and the approval by the ,secretary of ,defense4 7c7 ,participation after expiration of operating agreement ,except as provided by section #ecdje of this title1 the ,secretary may not require1 through an ,emergency ,preparedness ,agreement or an operating agreement1 that a program participant continue to participate in an ,emergency ,preparedness ,agreement after the operating agreement with the program participant has expired according to its terms or is otherwise no longer in effect4 ,after the expiration of an emergency preparedness agreement1 a program participant may voluntarily continue to participate in the agreement4 7d7 ,resources made available ,the commercial transportation resources to be made available under an ,emergency ,preparedness ,agreement shall include vessels or capacity in vessels1 terminal facilities1 management services1 and other related services1 or any agreed portion of such nonvessel resources for activation as the ,secretary of ,defense may determine to be necessary1 seeking to minimize disruption of the program participant's service to commercial customers4 7e7 ,compensation 7#a7 ,in general ,the ,secretary shall include in each ,emergency ,preparedness ,agreement provisions approved by the ,secretary of ,defense under which the ,secretary of ,defense shall pay fair and reasonable compensation for all commercial transportation resources provided pursuant to this section4 7#b7 ,specific requirements ,compensation under this subsection-- 7,a7 shall not be less than the program participant's commercial market charges for like transportation resources2 7,b7 shall be fair and reasonable considering all circumstances2 7,c7 shall be provided from the time that a vessel or resource is required by the ,secretary of ,defense until the time it is redelivered to the program participant and is available to reenter commercial service2 and 7,d7 shall be in addition to and shall not in any way reflect amounts payable under section #ecdjf of this title4 7f7 ,temporary replacement vessels ,notwithstanding section #eecjb7;a71 #eecjd1 #eecje1 or #eecad of this title1 section #bfca of title #aj1 or any other cargo preference law of the ,united ,states-- 7#a7 a program participant may operate or employ in foreign commerce a foreign-flag vessel or foreign-flag vessel capacity as a temporary replacement for a vessel of the ,united ,states or vessel of the ,united ,states capacity that is activated by the ,secretary of ,defense under an ,emergency ,preparedness ,agreement or a primary ,department of ,defense-approved sealift-readiness program2 and 7#b7 such replacement vessel or vessel capacity shall be eligible during the replacement period to transport preference cargoes subject to sections #eecjb7;a71 #eecjd1 #eecje1 and #eecad of this title and section #bfca of title #aj1 ,united ,states ,code1 to the same extent as the eligibility of the vessel or vessel capacity replaced4 7g7 ,redelivery and liability of the ,united ,states for damages 7#a7 ,in general ,all commercial transportation resources activated under an ,emergency ,preparedness ,agreement shall1 upon termination of the period of activation1 be redelivered to the program participant in the same good order and condition as when received1 less ordinary wear and tear1 or the ,secretary of ,defense shall fully compensate the program participant for any necessary repair or replacement4 7#b7 ,limitation on ,united ,states liability ,except as may be expressly agreed in an ,emergency ,preparedness ,agreement1 or as otherwise provided by law1 the ,government shall not be liable for disruption of a program participant's commercial business or other consequential damages to a program participant arising from the activation of commercial transportation resources under an ,emergency ,preparedness ,agreement4 #ecdjh4 ,regulatory relief 7a7 ,operation in foreign commerce ,a program participant for a vessel included in an operating agreement under this chapter may operate the vessel in the foreign commerce of the ,united ,states without restriction4 7b7 ,other restrictions ,the restrictions of section #eecje7;a7 of this title concerning the building1 rebuilding1 or documentation of a vessel in a foreign country shall not apply to a vessel for any day the operator of the vessel is receiving payments for the operation of that vessel under an operating agreement under this chapter4 7c7 ,telecommunications equipment ,the telecommunications and other electronic equipment on an existing vessel that is redocumented under the laws of the ,united ,states for operation under an operating agreement under this chapter shall be deemed to satisfy all ,federal ,communications ,commission equipment certification requirements1 if-- 7#a7 such equipment complies with all applicable international agreements and associated guidelines as determined by the country in which the vessel was documented immediately before becoming documented under the laws of the ,united ,states2 7#b7 that country has not been identified by the ,secretary as inadequately enforcing international regulations as to that vessel2 and 7#c7 at the end of its useful life1 such equipment shall be replaced with equipment that meets ,federal ,communications ,commission equipment certification standards4 #ecdji4 ,special rule regarding age of participating fleet vessels ,any age restriction under section #ecdjb7;b77#d7 of this title shall not apply to a participating ,fleet vessel during the #cj-month period beginning on the date the vessel begins operating under an operating agreement under this chapter1 if the ,secretary determines that the program participant for the vessel has entered into an arrangement to obtain and operate under the operating agreement for the participating ,fleet vessel a replacement vessel that1 upon commencement of such operation1 will be eligible to be included in the ,fleet under section #ecdjb7;b7 of this title4 #ecdaj4 ,regulations ,the ,secretary and the ,secretary of ,defense may each prescribe rules as necessary to carry out their respective responsibilities under this chapter4 #ecdaa4 ,authorization of appropriations ,there is authorized to be appropriated for payments under section #ecdjf1 #fj1jjj1jjj for each of fiscal years #bjba through #bjce1 to remain available until expended4 #ecdab4 ,acquisition of fleet vessels 7a7 ,in general ,upon replacement of a ,fleet vessel under an operating agreement under this chapter1 and subject to agreement by the program participant for the vessel1 the ,secretary is authorized1 subject to the concurrence of the ,secretary of ,defense1 to acquire the vessel being replaced for inclusion in the ,national ,defense ,reserve ,fleet4 7b7 ,requirements ,to be eligible for acquisition by the ,secretary under this section a vessel shall-- 7#a7 have been covered by an operating agreement under this chapter for not less than #c years2 and 7#b7 meet recapitalization requirements for the ,ready ,reserve ,force4 7c7 ,fair market value ,a fair market value shall be established by the ,maritime ,administration for acquisition of an eligible vessel under this section4 7d7 ,appropriations ,vessel acquisitions under this section shall be subject to the availability of appropriations4 ,amounts made available to carry out this section shall be derived from amounts authorized to be appropriated for the ,national ,defense ,reserve ,fleet4 ,amounts authorized to be appropriated to carry out the ,maritime ,security ,program may not be used to carry out this section4 4 7b7 ,clerical amendment ,the table of chapters for subtitle ,v of title #df1 ,united ,states ,code1 is amended by inserting after chapter #ecc the following3 #ecd4 ,tanker ,security ,fleet#ecdja 4 7c7 ,deadline for accepting applications 7#a7 ,in general ,the ,secretary of ,transportation shall begin accepting applications for enrollment of vessels in the ,tanker ,security ,fleet established under chapter #ecd of title #df1 ,united ,states ,code1 as added by subsection 7a71 by not later than #fj days after the date of the enactment of this title4 7#b7 ,approval ,not later than #ij days after receipt of an application for the enrollment of a vessel in the ,tanker ,security ,fleet1 the ,secretary of ,transportation1 in coordination with the ,secretary of ,defense shall-- 7,a7 approve the application and enter into an operating agreement with the applicant2 or 7,b7 provide to the applicant a written explanation for the denial of the application4 7#c7 ,vessels operating under ,maritime ,security ,act ,notwithstanding the requirements of section #ecdjb7;b7 of title #df1 ,united ,states ,code1 the ,secretary of ,transportation shall approve an application submitted under chapter #ecd of title #df1 ,united ,state ,code1 for a product tank vessel for which there is1 on the date of enactment of this title1 an effective operating agreement under chapter #eca of title #df1 ,united ,states ,code4 #aje4 ,port and intermodal improvement program ,section #ejcjb7;c7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#c77;,a77ii7-- 7,a7 in subclause 7,,ii71 by striking or after the semicolon2 and 7,b7 by adding at the end the following3 7,,iv7 berth improvements 7including docks1 wharves1 piers1 and dredging incidental to the improvement project72 or 2 7#b7 in paragraph 7#e77;,b71 by striking #fj and inserting #ij2 7#c7 in paragraph 7#g7-- 7,a7 in subparagraph 7,b7-- 7i7 in the heading1 by striking projects and inserting port2 and 7ii7 by striking that request and all that follows through the period at the end and inserting in small ports4 ,the requirement under paragraph 7#f77;,a77ii7 shall not apply to grants made under this subparagraph42 7,b7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 7,c7 by inserting after subparagraph 7,b7 the following3 7,c7 ,excess funding ,in any fiscal year in which qualified applications for grants under this subsection will not allow for the amount reserved under subparagraph 7,b7 to be fully utilized1 the ,secretary shall use the unutilized amounts to make other grants under this section4 2 and 7,d7 by adding at the end the following3 7,e7 ,limitation ,notwithstanding any other provision of law1 no funds appropriated to carry out this subsection for any fiscal year shall be limited with respect to eligible applicants other than as provided under this section4 2 7#d7 in paragraph 7#h77;,b71 by adding at the end the following3 7iii7 ,small port ,the ,secretary may increase the ,federal share of costs above #hj percent for a project within the boundaries of a small port or directly related to the operations of a small port or an intermodal connection to a small port4 2 and 7#e7 in paragraph 7#ab7-- 7,a7 in subparagraph 7,d71 by inserting 1 as defined by the ,united ,states ,census ,bureau after urbanized area2 and 7,b7 by adding at the end the following3 7,e7 ,small port ,the term small port means a port that handled less than #aj1jjj1jjj short tons in #bjah1 as identified by the ,u4,s4 ,army ,corps of ,engineers4 4 #ajf4 ,sea year cadets on cable security fleet and tanker security fleet vessels ,section #eacjg of title #df1 ,united ,states ,code1 is amended by striking subsection 7b7 and inserting the following3 7b7 ,sea year cadets on cable security fleet and tanker security fleet vessels ,the ,secretary shall require an operator of a vessel participating in the ,maritime ,security ,program under chapter #eca of this title1 the ,cable ,security ,fleet under chapter #ecb of this title1 or the ,tanker ,security ,fleet under chapter #ecd of this title to carry on each ,maritime ,security ,program vessel1 ,cable ,security ,fleet vessel1 or ,tanker ,security ,fleet vessel #b ,united ,states ,merchant ,marine ,academy cadets1 if available1 on each voyage4 4 #ajg4 ,conditional bachelor of science degree from ,united ,states ,merchant ,marine ,academy 7a7 ,in general ,notwithstanding section #eacji7;a77#a77;,b7 of title #df1 ,united ,states ,code1 for the graduating class of #bjbj from the ,united ,states ,merchant ,marine ,academy1 the ,secretary of ,transportation may confer a conditional degree of bachelor of science on an individual graduate who has not yet passed the examination for a merchant marine officer's license due to intervening efforts to prevent1 prepare for1 and respond to ,coronavirus ,disease #bjai 7,,covid-#ai74 7b7 ,time ,to pass ,the ,secretary of ,transportation may provide an individual granted a conditional degree under subsection 7a7 not more than #a year after the date of receipt of such degree-- 7#a7 to pass the examination for a merchant marine officer's license2 and 7#b7 to earn such license from the ,united ,states ,coast ,guard4 7c7 ,revocation of degree ,the ,superintendent of the ,united ,states ,merchant ,marine ,academy shall revoke a conditional degree conferred under subsection 7a7 for an individual granted such conditional degree who does not pass the examination for a merchant marine officer's license and obtain such license from the ,united ,states ,coast ,guard within the timeframe described in subsection 7b74 7d7 ,notations 7#a7 ,in general ,the ,registrar of the ,united ,states ,merchant ,marine ,academy shall-- 7,a7 note on the transcript of each individual granted a conditional degree under subsection 7a7 that the degree conferred is conditional2 and 7,b7 remove such notation upon receipt of proof of licensure as required under subsection 7b74 7#b7 ,revocation notation ,in the event an individual granted a conditional degree under subsection 7a7 does not pass the examination for a merchant marine officer's license and obtain such license from the ,united ,states ,coast ,guard within the timeframe described in subsection 7b71 the ,registrar of the ,united ,states ,merchant ,marine ,academy shall note on the transcript of such individual that the degree was revoked and remove the individual's name from all ,united ,states ,merchant ,marine ,academy databases that identify graduates4 7e7 ,rule of construction ,nothing in this section shall be construed to allow the provision of a license under section #gaja of title #df1 ,united ,states ,code1 to an individual who has not passed the required examination4 #ajh4 ,graduation requirements for ,state maritime academies 7a7 ,in general 7#a7 ,in general ,on such terms and conditions as set forth in this subsection and other conditions as the ,secretary of ,transportation may determine1 a ,state maritime academy may be authorized to confer degrees upon individuals scheduled to graduate from a ,state maritime academy in calendar year #bjbj without regard to the provisions of section #eaejf7;a77#c7 of title #df1 ,united ,states ,code4 ,with respect to an individual who has received student incentive payments under section #eaeji of title #df1 ,united ,states ,code1 and fails to comply with such terms and conditions1 the ,secretary of ,transportation is authorized to exercise all the authorities set forth in paragraphs 7#d7 and 7#e71 as well as any other remedies provided by law4 7#b7 ,date to pass examination ,pursuant to this subsection1 and section #eaejf7;a77#c7 of title #df1 ,united ,states ,code1 a ,state maritime academy shall require an individual scheduled to graduate from such academy in calendar year #bjbj to pass the examination required for the issuance of a license under section #gaja of title #df1 ,united ,states ,code1 not later than ,december #ca1 #bjba1 and advise all such individuals who have not passed the examination prerequisite to issuance of a license that any degree so awarded is subject to revocation4 7#c7 ,authorizations for ,secretary ,the ,secretary of ,transportation may-- 7,a7 require a ,state maritime academy1 as a condition of receiving an annual payment under section #eaejf7;a7 of title #df1 ,united ,states ,code1 to report to the ,secretary1 in a manner determined by the ,secretary1 on the compliance with paragraph 7#b72 7,b7 withhold payments under section #eaejf7;a7 of title #df1 ,united ,states ,code1 in an amount that is not greater than the fractional amount of the direct payment that is proportional to the number of graduates who fail to comply with requirements under paragraph 7#b7 and whose degrees have not been revoked by the ,state maritime academy over the total number of individuals graduating from such ,state maritime academy in calendar year #bjbj2 and 7,c7 reduce the amount of direct payments withheld under subparagraph 7,b7 below the maximum amount authorized4 7#d7 ,student incentive payments ,for an individual graduating from a ,state maritime academy in calendar year #bjbj who has received student incentive payments as provided for in section #eaeji of title #df1 ,united ,states ,code1 the ,secretary of ,transportation may-- 7,a7 defer until not later than ,december #ca1 #bjba1 the requirements under sections #eaeji7;d77#b7 of title #df1 ,united ,states ,code1 and relevant regulations2 7,b7 defer until not later than ,december #ca1 #bjba1 and modify as necessary as determined by the ,secretary1 the requirements under paragraphs 7#c7 through 7#e7 of section #eaeji7;d7 of title #df1 ,united ,states ,code1 and relevant regulations2 and 7,c7 conditionally waive requirements under paragraphs 7#b7 through 7#e7 of section #eaeji7;d7 of title #df1 ,united ,states ,code1 and relevant regulations1 for an individual who-- 7i7 within three months of graduation is commissioned as an officer on active duty in an armed force of the ,united ,states or as a commissioned officer of the ,national ,oceanic and ,atmospheric ,administration or the ,public ,health ,service1 pursuant to section #eaeji7;h7 of title #df2 and 7ii7 serves for the #e-year period following commissioning as an officer on active duty as provided for in clause 7i74 7#e7 ,requirements of students ,an individual graduating from a ,state maritime academy under the authority of this subsection1 who has received student incentive payments as provided for in section #eaeji of title #df1 ,united ,states ,code1 shall-- 7,a7 fulfill the requirements under section #eaeji7;d77#b7 of title #df1 ,united ,states ,code1 and relevant regulations1 by not later than ,december #ca1 #bjba2 or 7,b7 for the #e-year period following graduation from a ,state maritime academy1 as provided under paragraph 7#d77;,c71 serve as a commissioned officer on active duty in an armed force of the ,united ,states or as a commissioned officer of the ,national ,oceanic and ,atmospheric ,administration or the ,public ,health ,service1 pursuant to section #eaeji7;h7 of title #df1 ,united ,states ,code4 7#f7 ,remedies ,if an individual graduating from a ,state maritime academy fails to comply with applicable requirements established by the ,secretary of ,transportation under this subsection1 the ,secretary may exercise the remedies under subsections 7e7 and 7f7 of #eaeji of title #df1 ,united ,states ,code4 7b7 ,extension ,the ,secretary of ,transportation may apply the provisions of subsection 7a7 to subsequent graduating classes at the ,state maritime academies1 and extend compliance dates applicable to such graduates1 if the ,secretary determines it is necessary to respond to the national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 with respect to the ,coronavirus ,disease #bjai 7,,covid-#ai74 #aji4 ,superintendent of the ,united ,states ,merchant ,marine ,academy ,section #eacja7;c7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#c7 as paragraphs 7#b7 through 7#d71 respectively2 7#b7 by inserting before paragraph 7#b71 as so redesignated1 the following3 7#a7 ,sense of ,congress ,it is the sense of ,congress that1 due to the unique mission of the ,united ,states ,merchant ,marine ,academy1 it is highly desirable that the ,superintendent of the ,academy be a graduate of the ,academy in good standing and have attained an unlimited merchant marine officer's license4 2 and 7#c7 in paragraph 7#c71 as so redesignated-- 7,a7 in subparagraph 7,a77i71 by inserting after attained the following3 the rank of ,captain1 ,chief ,mate1 or ,chief ,engineer in the merchant marine of the ,united ,states1 or2 and 7,b7 in subparagraphs 7,b77i77,i7 and 7,c77i71 by inserting merchant marine1 before ,navy14 #aaj4 ,maritime academy information ,not later than #a year after the date of enactment of this title1 the ,maritime ,administrator shall make available on a public website data1 as available1 on the following3 7#a7 ,the number of graduates from the ,united ,states ,merchant ,marine ,academy and each ,state ,maritime ,academy for the previous #e years4 7#b7 ,the number of graduates from the ,united ,states ,merchant ,marine ,academy and each ,state ,maritime ,academy for the previous #e years who have become employed in1 or whose status qualifies under1 each of the following categories3 7,a7 ,maritime ,afloat4 7,b7 ,maritime ,ashore4 7,c7 ,armed ,forces of the ,united ,states4 7,d7 ,non-maritime4 7,e7 ,graduate studies4 7,f7 ,unknown4 7#c7 ,the number of students at each ,state ,maritime ,academy class receiving or who have received for the previous #e years funds under the student incentive payment program under section #eaeji of title #df1 ,united ,states ,code4 7#d7 ,the number of students described under paragraph 7#c7 who used partial student incentive payments who graduated without an obligation under the program4 7#e7 ,the number of students described under paragraph 7#c7 who graduated with an obligation under the program4 #aaa4 ,centers of excellence for domestic maritime workforce training and education ,section #edajb of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking of ,transportation2 7#b7 in subsection 7b71 in the subsection heading1 by striking ,assistance and inserting ,cooperative agreements2 7#c7 by redesignating subsection 7c7 as subsection 7d72 7#d7 in subsection 7d71 as redesignated by paragraph 7#b71 by adding at the end the following3 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 2 and 7#e7 by inserting after subsection 7b7 the following3 7c7 ,grant program 7#a7 ,definition of eligible institution ,in this subsection1 the term eligible institution means an institution of higher education 7as defined in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb77 that offers a #b-year program of study1 a #a-year program of training1 or is a postsecondary vocational institution4 7#b7 ,grant authorization 7,a7 ,in general ,not later than #a year after the date of enactment of the ,maritime ,administration ,authorization and ,improvement ,act1 the ,secretary may award maritime career training grants to eligible institutions for the purpose of developing1 offering1 or improving educational or career training programs for ,american workers related to the maritime workforce4 7,b7 ,guidelines ,not later than #a year after the date of enactment of the ,maritime ,administration ,authorization and ,improvement ,act1 the ,secretary shall-- 7i7 promulgate guidelines for the submission of grant proposals under this subsection2 and 7ii7 publish and maintain such guidelines on the website of the ,department of ,transportation4 7#c7 ,limitations ,the ,secretary may not award a grant under this subsection in an amount that is more than #bj1jjj1jjj4 7#d7 ,required information 7,a7 ,in general ,an eligible institution that desires to receive a grant under this subsection shall submit to the ,secretary a grant proposal that includes a detailed description of-- 7i7 the specific project for which the grant proposal is submitted1 including the manner in which the grant will be used to develop1 offer1 or improve an educational or career training program that is suited to maritime industry workers2 7ii7 the extent to which the project for which the grant proposal is submitted will meet the educational or career training needs of maritime workers in the community served by the eligible institution2 7iii7 the extent to which the project for which the grant proposal is submitted fits within any overall strategic plan developed by an eligible community2 and 7iv7 any previous experience of the eligible institution in providing maritime educational or career training programs4 7,b7 ,community outreach required ,in order to be considered by the ,secretary1 a grant proposal submitted by an eligible institution under this subsection shall-- 7i7 demonstrate that the eligible institution-- 7,i7 reached out to employers to identify-- 7aa7 any shortcomings in existing maritime educational and career training opportunities available to workers in the community2 and 7bb7 any future employment opportunities within the community and the educational and career training skills required for workers to meet the future maritime employment demand2 and 7,,ii7 reached out to other similarly situated institutions in an effort to benefit from any best practices that may be shared with respect to providing maritime educational or career training programs to workers eligible for training2 and 7ii7 include a detailed description of-- 7,i7 the extent and outcome of the outreach conducted under clause 7i72 7,,ii7 the extent to which the project for which the grant proposal is submitted will contribute to meeting any shortcomings identified under clause 7i77,i77aa7 or any maritime educational or career training needs identified under clause 7i77,i77bb72 and 7,,iii7 the extent to which employers1 including small- and medium-sized firms within the community1 have demonstrated a commitment to employing workers who would benefit from the project for which the grant proposal is submitted4 7#e7 ,criteria for award of grants 7,a7 ,in general ,subject to the appropriation of funds1 the ,secretary shall award a grant under this subsection based on-- 7i7 a determination of the merits of the grant proposal submitted by the eligible institution to develop1 offer1 or improve maritime educational or career training programs to be made available to workers2 7ii7 an evaluation of the likely employment opportunities available to workers who complete a maritime educational or career training program that the eligible institution proposes to develop1 offer1 or improve2 7iii7 an evaluation of prior demand for training programs by workers in the community served by the eligible institution1 as well as the availability and capacity of existing maritime training programs to meet future demand for training programs2 and 7iv7 any prior designation of an institution as a ,center of ,excellence for ,domestic ,maritime ,workforce ,training and ,education4 7,b7 ,matching requirements ,a grant awarded under this subsection may not be used to satisfy any private matching requirement under any other provision of law4 7#f7 ,public report ,not later than ,december #ae in each of the calendar years #bjba through #bjbc1 the ,secretary shall make available on a publically available website a report and provide a briefing to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives-- 7,a7 describing each grant awarded under this subsection during the preceding fiscal year2 and 7,b7 assessing the impact of each award of a grant under this subsection in a fiscal year preceding the fiscal year referred to in subparagraph 7,a7 on workers receiving training4 4 #aab4 ,criteria to be eligible to train students from ,state maritime academies ,section #cead7;a77#a77;,a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7#df ,u4,s4,c4 #eacah note7 is amended by inserting 1 or to provide training for students from the ,state maritime academies1 before that addresses4 #aac4 ,improvement of the ,national ,oceanographic ,partnership ,program ,sections #hica1 #hicb1 and #hicc of title #aj1 ,united ,states ,code1 are amended to read as follows3 #hica4 ,national ,oceanographic ,partnership ,program 7a7 ,establishment ,the ,secretary of the ,navy shall establish a program to be known as the ,national ,oceanographic ,partnership ,program4 7b7 ,purposes ,the purposes of the program are as follows3 7#a7 ,to promote the national goals of assuring national security1 advancing economic development1 protecting quality of life1 and strengthening science education and communication through improved knowledge of the ocean4 7#b7 ,to coordinate and strengthen oceanographic efforts in support of those goals by-- 7,a7 creating and carrying out partnerships among ,federal agencies1 academia1 industry1 and other members of the oceanographic community in the areas of science1 data1 resources1 education1 and communication2 and 7,b7 accepting1 planning1 and executing oceanographic research projects funded by grants1 contracts1 cooperative agreements1 or other vehicles as appropriate1 that contribute to assuring national security1 advancing economic development1 protecting quality of life1 and strengthening science education and communication through improved knowledge of the ocean4 #hicb4 ,ocean ,policy ,committee 7a7 ,committee ,there is established an ,ocean ,policy ,committee 7hereinafter in this chapter referred to as the ,committee74 7b7 ,responsibilities ,the ,committee shall continue the activities of that committee as it was in existence on the day before the date of enactment of this ,act4 ,in discharging its responsibilities and to assist in the execution of the activities delineated in this subsection1 the ,committee may delegate to a subcommittee1 as appropriate4 ,the ,committee shall3 7#a7 ,prescribe policies and procedures to implement the ,national ,oceanographic ,partnership ,program4 7#b7 ,engage and collaborate1 pursuant to existing laws and regulations1 with stakeholders1 including regional ocean partnerships1 to address ocean-related matters that may require interagency or intergovernmental solutions4 7#c7 ,facilitate coordination and integration of ,federal activities in ocean and coastal waters to inform ocean policy and identify priority ocean research1 technology1 and data needs4 7#d7 ,review1 select1 and identify partnership projects for implementation under the program1 based on the following criteria3 7,a7 ,whether the project addresses important research objectives or operational goals4 7,b7 ,whether the project has1 or is designed to have1 appropriate participation within the oceanographic community of public1 academic1 commercial1 private participation or support4 7,c7 ,whether the partners have a long-term commitment to the objectives of the project4 7,d7 ,whether the resources supporting the project are shared among the partners4 7,e7 ,whether the project has been subjected to adequate review4 7c7 ,annual report and briefing ,not later than ,march #a of each year1 the ,committee shall post a report on a publicly available website and brief the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 the ,committee on ,armed ,services of the ,senate1 the ,committee on ,natural ,resources of the ,house of ,representatives1 the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives1 and the ,committee on ,armed ,services of the ,house of ,representatives on the ,national ,oceanographic ,partnership ,program4 ,the report and brief shall discuss the following3 7#a7 ,a description of activities of the program carried out during the prior fiscal year4 7#b7 ,a general outline of the activities planned for the program during the current fiscal year4 7#c7 ,a summary of projects1 including ,federal and non-,federal partnerships and collaborations1 continued from the prior fiscal year and projects expected to begin during the current and subsequent fiscal years4 7#d7 ,the amounts requested in the budget submitted to ,congress pursuant to section #aaje7;a7 of title #ca for the subsequent fiscal year1 for the programs1 projects1 activities and the estimated expenditures under such programs1 projects1 and activities1 to execute the ,national ,oceanographic ,partnership ,program4 7#e7 ,activities undertaken with moneys deposited in the fund described in subsection 7d74 7d7 ,national oceanographic partnership fund ,there is established in the ,treasury a separate account to be known as the ,national ,oceanographic ,partnership ,program ,fund to be jointly managed by the ,secretary of the ,navy and the ,administrator of the ,national ,oceanic and ,atmospheric ,administration4 7#a7 ,appropriation and authorized uses ,amounts in the ,fund shall be available to the ,national ,oceanographic ,partnership ,program without further appropriation to remain available until expended for the purpose of carrying out this section4 7#b7 ,crediting of amounts to fund ,there is authorized to be credited to the ,fund the following3 7,a7 ,such amounts as determined appropriate to be transferred to the ,fund by the head of a ,federal agency or entity participating in the ,national ,oceanographic ,partnership ,program4 7,b7 ,funds provided by a ,state1 local government1 tribal government1 territory1 or possession1 or any subdivisions thereof4 7,c7 ,funds contributed by a nonprofit organization1 individual1 or ,congressionally-established foundation by private grant1 contract1 or donation4 7#c7 ,contract and grant authority ,for the purpose of carrying out this section1 as directed by the ,committee1 departments or agencies represented on the ,committee may enter into contracts1 make grants1 including transactions authorized by paragraph 7#d71 and may transfer funds available to the ,national ,oceanographic ,partnership ,program under paragraph 7#b7 to participating departments and agencies for such purposes4 7#d7 ,cooperation with other agencies1 states1 territories1 and political subdivisions ,the ,committee or any participating ,federal agency or entity may enter into an agreement to use1 with or without reimbursement1 the land1 services1 equipment1 personnel1 and facilities of any department1 agency1 or instrumentality of the ,united ,states1 or of any ,state1 local government1 ,indian tribal government1 ,territory1 ,district of ,columbia1 or possession1 or of any political subdivision thereof1 or of any foreign government or international organization or individual1 for the purpose of carrying out this section4 7e7 ,establishment and forms of partnership projects 7#a7 ,a partnership project under the ,national ,oceanographic ,partnership ,program may be established by any instrument that the ,committee considers appropriate4 7#b7 ,projects under the program may include demonstration projects4 7f7 ,partnership program office 7#a7 ,the ,secretary of the ,navy and ,administrator of the ,national ,oceanic and ,atmospheric ,administration shall jointly establish a partnership program office for the ,national ,oceanographic ,partnership ,program4 ,competitive procedures will be used to select an operator for the partnership program office4 7#b7 ,the ,committee will monitor the performance of the duties of the partnership program office1 which shall consist of the following3 7,a7 ,to support working groups established by the ,committee or subcommittee and report working group activities to the ,committee1 including working group proposals for partnership projects4 7,b7 ,to support the process for proposing partnership projects to the ,committee1 including1 where appropriate1 managing review of such projects4 7,c7 ,to complete and make publicly available the annual report described in subsection 7c7 on the status of all partnership projects and activities of the office4 7,d7 ,to perform any additional duties for the administration of the ,national ,oceanographic ,partnership ,program that the ,committee considers appropriate4 #hicc4 ,ocean ,research ,advisory ,panel 7a7 ,establishment ,the ,committee shall establish an ,ocean ,research ,advisory ,panel consisting of not less than ten and not more than #ah members appointed by the ,co-chairs1 including the following3 7#a7 ,one member who will represent the ,national ,academy of ,sciences4 7#b7 ,one member who will represent the ,national ,academy of ,engineering4 7#c7 ,one member who will represent the ,institute of ,medicine4 7#d7 ,members selected from among individuals who will represent the views of ocean industries1 ,state or local governments1 academia1 and such other views as the ,co-chairs consider appropriate4 7#e7 ,members selected from among individuals eminent in the fields of marine science or marine policy1 or related fields4 7b7 ,responsibilities ,the ,committee shall assign the following responsibilities to the ,advisory ,panel3 7#a7 ,to advise the ,committee on policies and procedures to implement the ,national ,oceanographic ,partnership ,program4 7#b7 ,to advise the ,committee on matters relating to national oceanographic science1 engineering1 facilities1 or resource requirements4 7#c7 ,any additional responsibilities that the ,committee considers appropriate4 7c7 ,,noaa funding and support ,the ,administrator of the ,national ,oceanic and ,atmospheric ,administration shall provide such funding and administrative and technical support as the ,ocean ,research ,advisory ,panel may require4 7d7 ,authorization of appropriations ,in order to carry out the establishment and support of the ,ocean ,research ,advisory ,panel1 the ,national ,oceanic and ,atmospheric ,administration for the first year will receive #bej1jjj4 ,thereafter in following years1 the ,national ,oceanic and ,atmospheric ,administration shall receive #bjj1jjj to carry out the functions and responsibilities related to the administration and support of the ,ocean ,research ,advisory ,panel4 4 #aad4 ,,gao review of ,department-wide efforts to manage cybersecurity 7a7 ,cybersecurity risk management ,not later than #c years after the date of enactment of this title1 the ,secretary of ,transportation shall implement the recommendation for the ,department of ,transportation made by the ,comptroller ,general of the ,united ,states in the report entitled ,cybersecurity3 ,agencies ,need to ,fully ,establish ,risk ,management ,programs and ,address ,challenges1 numbered ,,gao-#ai-chd1 and dated ,july #bjai1 by-- 7#a7 developing a cybersecurity risk management strategy for the systems and information of the ,department of ,transportation2 7#b7 updating policies to address an organization-wide risk assessment2 and 7#c7 updating the processes for coordination between cybersecurity risk management functions and enterprise risk management functions4 7b7 ,work roles ,not later than #c years after the date of enactment of this title1 the ,secretary of ,transportation shall implement the recommendation of the ,comptroller ,general of the ,united ,states in the report entitled ,cybersecurity ,workforce3 ,agencies ,need to ,accurately ,categorize ,positions to ,effectively ,identify ,critical ,staffing ,needs1 numbered ,,gao-#ai-add1 and dated ,march #bjai1 by reviewing positions in the ,department of ,transportation and assigning appropriate work roles in accordance with the ,national ,initiative for ,cybersecurity ,education ,cybersecurity ,workforce ,framework4 7c7 ,,gao review 7#a7 ,report ,not later than #ah months after the date of enactment of this title1 the ,comptroller ,general of the ,united ,states 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 that examines the approach of the ,department of ,transportation to managing cybersecurity for the systems and information of the ,department of ,transportation4 7#b7 ,contents ,the report under paragraph 7#a7 shall include an evaluation of-- 7,a7 the roles1 responsibilities1 and reporting relationships of the senior officials of the ,department of ,transportation with respect to cybersecurity at the components of the ,department of ,transportation2 7,b7 the extent to which officials of the ,department of ,transportation-- 7i7 establish requirements for1 share information with1 provide resources to1 and monitor the performance of managers with respect to cybersecurity within the components of the ,department of ,transportation2 and 7ii7 hold managers accountable for cybersecurity within the components of the ,department of ,transportation2 and 7,c7 other aspects of cybersecurity1 as the ,comptroller ,general of the ,united ,states determines to be appropriate4 #aae4 ,,gao review of efforts to support and grow the vessels of the ,united ,states ,not later than #ah months after the date of enactment of this title1 the ,comptroller ,general of the ,united ,states shall transmit a report to the ,committee on ,commerce of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that examines ,united ,states ,government efforts to promote the growth and modernization of the ,united ,states maritime industry1 and the vessels of the ,united ,states1 as defined in section #aaf of title #df1 ,united ,states ,code1 including the overall efficacy of ,united ,states ,government financial support and policies1 including the ,capital ,construction ,fund1 ,construction ,reserve ,fund1 and other eligible loan1 grant1 or other programs4 #aaf4 ,,gao review of ,federal efforts to enhance port infrastructure resiliency and disaster preparedness ,not later than #ah months after the date of enactment of this title1 the ,comptroller ,general of the ,united ,states shall transmit a report to the ,committee on ,commerce of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that examines ,federal efforts to assist ports in enhancing the resiliency of their key intermodal connectors to weather-related disasters4 ,the report shall include consideration of the following3 7#a7 ,actions being undertaken at various ports to better identify critical land-side connectors that may be vulnerable to disruption in the event of a natural disaster1 including how to communicate such information during a disaster when communications systems may be compromised1 and the level of ,federal involvement in such efforts4 7#b7 ,the extent to which the ,department of ,transportation and other ,federal agencies are working in line with recent recommendations from key resiliency reports1 including the ,national ,academies of ,science study on strengthening supply chain resilience to establish a framework for ports to follow to increase resiliency to major weather related disruptions before they happen4 7#c7 ,the extent to which the ,department of ,transportation or other ,federal agencies have provided funds to ports for resiliency-related projects4 7#d7 ,the extent to which ,federal agencies have a coordinated approach to helping ports and the multiple ,state1 local1 and private stakeholders involved improve resiliency prior to weather related disasters4 #aag4 ,study on foreign investment in shipping 7a7 ,assessment ,the ,under ,secretary of ,commerce for ,international ,trade 7referred to in this section as the ,under ,secretary7 shall conduct an assessment of foreign subsidies to international shipping4 7b7 ,report ,not later than #a year after the date of enactment of this title1 the ,under ,secretary shall submit to ,congress a report on the assessment conducted under subsection 7a71 including-- 7#a7 the amount1 in ,united ,states dollars1 of foreign subsidies to-- 7,a7 the shipping industry of each country as a whole2 7,b7 the shipping industry as a percent of ,,gdp of each country2 and 7,c7 each ship on average1 by ship type for cargo1 tanker1 and bulk2 7#b7 a description of the type of foreign subsidy1 such as tax relief1 direct payment1 or other1 as determined by the ,under ,secretary2 and 7#c7 a description of how the foreign subsidies may be affecting the ,united ,states ,international competitiveness and national security4 #aah4 ,national ,academies standing committee on ,america's supply chain security during disasters 7a7 ,in general 7#a7 ,establishment of standing committee ,not later than #cj days after the date of enactment of this title1 the ,secretary of ,transportation shall enter into an agreement with the ,national ,academies of ,sciences1 ,engineering1 and ,medicine 7referred to in this section as the ,national ,academies7 to establish a standing committee of experts 7referred to this section as the standing committee7 to explore and advise on supply chain transportation system vulnerabilities and disruptions1 and how to minimize them in the event of emergencies and disasters4 7#b7 ,membership ,the ,national ,academies shall appoint members to the standing committee from individuals with relevant backgrounds in the private sector1 research1 academia1 and ,federal1 ,state1 and local government agencies4 7b7 ,purposes ,the standing committee established under this section to explore and advise on supply chain transportation vulnerabilities shall1 upon determination by the ,national ,academies1 consider the following3 7#a7 ,factors that may disrupt the movement of critical goods during the ,,covid-#ai pandemic or other emergencies or disasters1 which may include-- 7,a7 lack of an adequate and healthy transportation labor force to ensure the continuity of function of critical supply chain components2 7,b7 vulnerabilities in the ways that the ,nation's multi-modal transportation supply chain nodes and their connections could be vulnerable to disruption2 7,c7 the accuracy and availability of information on supply and demand of critical goods globally1 nationally1 regionally1 or locally2 and 7,d7 potential compounding impacts on the supply chain of multiple disaster events1 such as pandemics1 floods1 earthquakes1 tornadoes1 and hurricanes4 7#b7 ,options for ensuring the timely conveyance and distribution of essential supplies and commodities for disaster response1 relief and recovery operations1 especially those for which a shortage would pose a significant threat to public health1 economic security1 or national security1 as appropriate1 which may include strategies to-- 7,a7 enhance supply chain contingency planning1 including during multiple disaster events2 7,b7 identify supply chain information deficiencies2 and 7,c7 improve modeling frameworks1 including communication between modelers and users1 that integrate complex data streams and help extract practical decision-support information for emergency managers4 7#c7 ,policy options to prevent supply chain bottlenecks or failures and ensure continuation of service4 7#d7 ,other emergent issues as determined by the ,national ,academies4 7c7 ,congressional and agency requests ,the ,national ,academies may consider requests for analysis or advice from the ,secretary of ,transportation1 other ,federal agencies1 or the relevant ,congressional transportation committees in the form of correspondence directed to the ,national ,academies or legislative direction from the ,secretary of ,transportation1 including ad hoc requests for informal and formal responses within a specified timeframe to address ongoing events4 7d7 ,input ,the standing committee shall1 as appropriate-- 7#a7 consider input from the ,department of ,transportation1 the ,department of ,homeland ,security1 the ,department of ,defense1 the ,department of ,commerce1 the ,department of ,state1 the ,department of ,health and ,human ,services1 the ,department of ,veterans ,affairs1 the ,department of ,justice1 and any other ,federal agency1 as appropriate2 and 7#b7 consult with relevant stakeholders1 which may include supply chain experts1 emergency management specialists1 epidemiologists1 disaster relief specialists1 transportation system operators1 product manufacturers1 wholesalers and group purchasing organizations1 professional societies1 ,state-based societies1 and other entities with experience in supply chain networks1 transportation systems1 and emergency and disaster management1 as appropriate4 7e7 ,definitions ,in this section3 7#a7 ,connections ,the term connections means the freight transportation connections between nodes4 7#b7 ,critical ,the term critical means of such importance that a disruption of the component will degrade functionality of the supply chain4 7#c7 ,nodes ,the term nodes means locations within a supply chain1 such as an origin1 a factory1 warehouse1 port1 intermodal transfer point1 distribution center1 or destination4 7#d7 ,relevant congressional transportation committees ,the term relevant ,congressional transportation committees means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7,b7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#e7 ,vulnerable ,the term vulnerable means susceptible to the supply chain being negatively impacted4 ,,ii ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps #bja4 ,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 ,a ,general ,provisions #baa4 ,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 one-half1 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 #bab4 ,recalled officers 7a7 ,in general ,section #bae 7#cc ,u4,s4,c4 #cjje7 is amended to read as follows3 #bae4 ,number of authorized commissioned officers 7a7 ,in general ,the total number of authorized commissioned officers on the lineal list of the commissioned officer corps of the ,administration shall not exceed #ejj4 7b7 ,positions of importance and responsibility ,officers serving in positions designated under section #bbh and officers recalled from retired status or detailed to an agency other than the ,administration-- 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 7b7 ,clerical amendment ,the table of contents 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 #bae and inserting the following3 ,sec4 #bae4 ,number of authorized commissioned officers4 4 #bac4 ,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 ,regulations ,the ,secretary shall prescribe the obligated service requirements for appointments1 training1 promotions1 separations1 continuations1 and retirements 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 continuations1 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 is1 for all purposes1 a debt owed to the ,united ,states4 7#c7 ,discharge in bankruptcy ,a discharge in bankruptcy under title #aa that is entered less than five 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 contents 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 #bad4 ,training and physical fitness 7a7 ,in general ,subtitle ,a 7#cc ,u4,s4,c4 #cjja et seq471 as amended by section #bac7;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 educational materials4 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 contents 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 #bac7;b71 is further amended by inserting after the item relating to section #baf the following3 ,sec4 #bag4 ,training and physical fitness4 4 #bae4 ,aviation accession training programs 7a7 ,in general ,subtitle ,a 7#cc ,u4,s4,c4 #cjja et seq471 as amended by section #bad7;a71 is further amended by adding at the end the following3 #bah4 ,aviation accession training programs 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,under ,secretary of ,commerce for ,oceans and ,atmosphere and the ,administrator of the ,national ,oceanic and ,atmospheric ,administration4 7#b7 ,member of the program ,the term member of the program means a student who is enrolled in the program4 7#c7 ,program ,the term program means an aviation accession training program of the commissioned officer corps of the ,administration established pursuant to subsection 7b74 7b7 ,aviation accession training programs 7#a7 ,establishment authorized ,the ,administrator1 under regulations prescribed by the ,secretary1 shall establish and maintain one or more aviation accession training programs for the commissioned officer corps of the ,administration at institutions described in paragraph 7#b74 7#b7 ,institutions described ,an institution described in this paragraph is an educational institution-- 7,a7 that requests to enter into an agreement with the ,administrator providing for the establishment of the program at the institution2 7,b7 that has1 as a part of its curriculum1 a four-year baccalaureate program of professional flight and piloting instruction that is accredited by the ,aviation ,accreditation ,board ,international2 7,c7 that is located in a geographic area that-- 7i7 experiences a wide variation in climate-related activity1 including frequent high winds1 convective activity 7including tornadoes71 periods of low visibility1 heat1 and snow and ice episodes1 to provide opportunities for pilots to demonstrate skill in all weather conditions compatible with future encounters during their service in the commissioned officer corps2 and 7ii7 has a climate that can accommodate both primary and advanced flight training activity at least #ge percent of the year2 and 7,d7 at which the ,administrator determines that-- 7i7 there will be at least one student enrolled in the program2 and 7ii7 the provisions of this section are otherwise satisfied4 7#c7 ,limitations in connection with particular institutions ,the program may not be established or maintained at an institution unless-- 7,a7 the senior commissioned officer or employee of the commissioned officer corps who is assigned as an advisor to the program at that institution is given the academic rank of adjunct professor2 and 7,b7 the institution fulfills the terms of its agreement with the ,administrator4 7#d7 ,membership in connection with status as student ,at institutions at which the program is established1 the membership of students in the program shall be elective1 as provided by ,state law or the authorities of the institution concerned4 7c7 ,membership 7#a7 ,eligibility ,to be eligible for membership in the program1 an individual must-- 7,a7 be a student at an institution at which the program is established2 7,b7 be a citizen of the ,united ,states2 7,c7 contract in writing1 with the consent of a parent or guardian if a minor1 with the ,administrator1 to-- 7i7 accept an appointment1 if offered1 as a commissioned officer in the commissioned officer corps of the ,administration2 and 7ii7 serve in the commissioned officer corps for not fewer than four years2 7,d7 enroll in-- 7i7 a four-year baccalaureate program of professional flight and piloting instruction2 and 7ii7 other training or education1 including basic officer training1 which is prescribed by the ,administrator as meeting the preliminary requirement for admission to the commissioned officer corps2 and 7,e7 execute a certificate or take an oath relating to morality and conduct in such form as the ,administrator prescribes4 7#b7 ,completion of program ,a member of the program may be appointed as a regular officer in the commissioned officer corps if the member meets all requirements for appointment as such an officer4 7d7 ,financial assistance for qualified members 7#a7 ,expenses of course of instruction 7,a7 ,in general ,in the case of a member of the program who meets such qualifications as the ,administrator establishes for purposes of this subsection1 the ,administrator may pay the expenses of the member in connection with pursuit of a course of professional flight and piloting instruction under the program1 including tuition1 fees1 educational materials such as books1 training1 certifications1 travel1 and laboratory expenses4 7,b7 ,assistance after fourth academic year ,in the case of a member of the program described in subparagraph 7,a7 who is enrolled in a course described in that subparagraph that has been approved by the ,administrator and requires more than four academic years for completion1 including elective requirements of the program1 assistance under this subsection may also be provided during a fifth academic year or during a combination of a part of a fifth academic year and summer sessions4 7#b7 ,room and board ,in the case of a member eligible to receive assistance under paragraph 7#a71 the ,administrator may1 in lieu of payment of all or part of such assistance1 pay the room and board expenses of the member1 and other educational expenses1 of the educational institution concerned4 7#c7 ,failure to complete program or accept commission ,a member of the program who receives assistance under this subsection and who does not complete the course of instruction1 or who completes the course but declines to accept a commission in the commissioned officer corps when offered1 shall be subject to the repayment provisions of subsection 7e74 7e7 ,repayment of unearned portion of financial assistance when conditions of payment not met 7#a7 ,in general ,a member of the program who receives or benefits from assistance under subsection 7d71 and whose receipt of or benefit from such assistance is subject to the condition that the member fully satisfy the requirements of subsection 7c71 shall repay to the ,united ,states an amount equal to the assistance received or benefitted from if the member fails to fully satisfy such requirements and may not receive or benefit from any unpaid amounts of such assistance after the member fails to satisfy such requirements1 unless the ,administrator determines that the imposition of the repayment requirement and the termination of payment of unpaid amounts of such assistance with regard to the member would be-- 7,a7 contrary to a personnel policy or management objective2 7,b7 against equity and good conscience2 or 7,c7 contrary to the best interests of the ,united ,states4 7#b7 ,regulations ,the ,administrator may establish1 by regulations1 procedures for determining the amount of the repayment required under this subsection and the circumstances under which an exception to repayment may be granted4 ,the ,administrator may specify in the regulations the conditions under which financial assistance to be paid to a member of the program will not be made if the member no longer satisfies the requirements in subsection 7c7 or qualifications in subsection 7d7 for such assistance4 7#c7 ,obligation as debt to ,united ,states ,an obligation to repay the ,united ,states under this subsection is1 for all purposes1 a debt owed to the ,united ,states4 4 7b7 ,clerical amendment ,the table of contents 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 #bad7;b71 is further amended by inserting after the item relating to section #bag the following3 ,sec4 #bah4 ,aviation accession training programs4 4 #baf4 ,recruiting materials 7a7 ,in general ,subtitle ,a 7#cc ,u4,s4,c4 #cjja et seq471 as amended by section #bae7;a71 is further amended by adding at the end the following3 #bai4 ,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 contents 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 #bae7;b71 is further amended by inserting after the item relating to section #bah the following3 ,sec4 #bai4 ,use of recruiting materials for public relations4 4 #bag4 ,technical correction ,section #aja7ba77;,c7 of title #ch1 ,united ,states ,code1 is amended by inserting in the commissioned officer corps before of the ,national4 ,b ,parity and ,recruitment #bba4 ,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 one 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 one 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 7#d7 ,concurrent completion of service obligations ,a service obligation under this section may be completed concurrently with a service obligation under section #baf4 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 contents 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 #bbb4 ,interest payments 7a7 ,in general ,subtitle ,e 7#cc ,u4,s4,c4 #cjga et seq471 as amended by section #bba7;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 one 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 three years of service on active duty2 7#c7 is the debtor on one 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 #bfh 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 #bfh 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 contents 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 #bba7;b71 is further amended by inserting after the item relating to section #bfg the following3 ,sec4 #bfh4 ,interest payment program4 4 #bbc4 ,student pre-commissioning program 7a7 ,in general ,subtitle ,e 7#cc ,u4,s4,c4 #cjga et seq471 as amended by section #bbb7;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 five 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-- 7,a7 agrees 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 three years if the person received less than three years of assistance2 and 7ii7 up to five years if the person received at least three 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 educational materials4 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 five 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 five 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 prescribe such regulations and orders as the ,secretary considers appropriate to carry out this section4 7j7 ,concurrent completion of service obligations ,a service obligation under this section may be completed concurrently with a service obligation under section #baf4 4 7b7 ,clerical amendment ,the table of contents 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 #bbb7;c71 is further amended by inserting after the item relating to section #bfh the following3 ,sec4 #bfi4 ,student pre-commissioning education assistance program4 4 #bbd4 ,limitation on educational assistance 7a7 ,in general ,each fiscal year1 beginning with the fiscal year in which this title is enacted1 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 #bba7;a771 section #bfh of such ,act 7as added by section #bbb7;a771 and section #bfi of such ,act 7as added by section #bbc7;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 #bce7;d771 if such section entitled officer 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 service1 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 paragraph 7#d7 of section #bab7;b7 of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb 7#cc ,u4,s4,c4 #cjjb71 as added by section #bce7;c74 #bbe4 ,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#bb7 through 7#be71 respectively2 7#b7 by redesignating paragraphs 7#g7 through 7#ab7 as paragraphs 7#ad7 through 7#ai71 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 ,section #ajgdn1 relating to annual mental health assessments4 7#ab7 ,section #ajij;a1 relating to referrals for mental health evaluations4 7#ac7 ,chapter #eh1 relating to the ,benefits and ,services for members being separated or recently separated4 2 and 7#f7 by inserting after paragraph 7#ai71 as redesignated1 the following3 7#bj7 ,subchapter ,i of chapter #hh1 relating to ,military ,family ,programs4 7#ba7 ,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 in the matter before subparagraph 7,a71 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 corps 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 commissioned officer corps 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 officer 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 in the matter before subparagraph 7,a71 by inserting or the ,secretary of ,commerce1 as applicable1 after the ,secretary of ,defense4 #bbf4 ,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 #dae1 relating to initial uniform allowances4 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 ,personal money allowance ,section #dad7;a77#b7 of title #cg1 ,united ,states ,code1 is amended by inserting or the director of the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration after ,health ,service4 7c7 ,clerical amendment ,the table of contents 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 #bbg4 ,prohibition on retaliatory personnel actions 7a7 ,in general ,subsection 7a7 of section #bfa 7#cc ,u4,s4,c4 #cjga71 as amended by section #bbe7;a71 is further amended-- 7#a7 by redesignating paragraphs 7#h7 through 7#be7 as paragraphs 7#i7 through 7#bf71 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 prescribe 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 prescribing such administrative procedures for investigation and appeal within the commissioned officer corps as the ,secretary considers appropriate4 4 #bbh4 ,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 #bbi4 ,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 #bcj4 ,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 title1 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 three 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 contents 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 section #bbc7;b71 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 ,c ,appointments and ,promotion of ,officers #bca4 ,appointments 7a7 ,original appointments ,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 the 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 three 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 two 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 ,order of precedence ,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 ,the order of precedence of appointees whose dates of commission are the same shall be determined by the ,secretary4 7e7 ,inter-,service transfers ,for inter-service transfers 7as described in ,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 7b7 ,clerical amendment ,the table of contents 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 #bcb4 ,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 five 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 two successive boards ,no officer may be a member of two 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 7e7 ,authority for officers ,to opt out of promotion consideration 7#a7 ,in general ,the ,director of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps may provide that an officer1 upon the officer's request and with the approval of the ,director1 be excluded from consideration for promotion by a personnel board convened under this section4 7#b7 ,approval ,the ,director shall approve a request made by an officer under paragraph 7#a7 only if-- 7,a7 the basis for the request is to allow the officer to complete a broadening assignment1 advanced education1 another assignment of significant value to the ,administration1 a career progression requirement delayed by the assignment or education1 or a qualifying personal or professional circumstance1 as determined by the ,director2 7,b7 the ,director determines the exclusion from consideration is in the best interest of the ,administration2 and 7,c7 the officer has not previously failed selection for promotion to the grade for which the officer requests the exclusion from consideration4 4 #bcc4 ,positions of importance and responsibility ,section #bbh 7#cc ,u4,s4,c4 #cjbh7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in the first sentence1 by striking ,the ,secretary shall designate one position under this section and inserting ,the ,president shall designate one position2 and 7,b7 in the second sentence1 by striking ,that position shall be filled by and inserting ,the ,president shall fill that position by appointing1 by and with the advice and consent of the ,senate12 7#b7 in subsection 7d77#b71 by inserting or immediately beginning a period of terminal leave after for which a higher grade is designated2 7#c7 by amending subsection 7e7 to read as follows3 7e7 ,limit on number of officers appointed ,the total number of officers serving on active duty at any one time in the grade of rear admiral 7lower half7 or above may not exceed five1 with only one serving in the grade of vice admiral4 2 and 7#d7 in subsection 7f71 by inserting or in a period of annual leave used at the end of the appointment after serving in that grade4 #bcd4 ,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 4 7b7 ,clerical amendment ,the table of contents 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 #bce4 ,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 regulations1 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 basic officer training program of the ,administration1 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 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 four 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 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 subsection 7d7 shall be subject to the repayment provisions of section #baf7;b74 4 7b7 ,clerical amendment ,the table of contents 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 rates equal to the basic pay of an enlisted member in the pay grade ,e-#e with less than two years of 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 #bcf4 ,procurement of personnel 7a7 ,in general ,subtitle ,b 7#cc ,u4,s4,c4 #cjba et seq471 as amended by section #bce7;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 contents 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 #bce7;b71 is further amended by inserting after the item relating to section #bcd the following3 #bce4 ,procurement of personnel4 4 #bcg4 ,career intermission program 7a7 ,in general ,subtitle ,b 7#cc ,u4,s4,c4 #cjba et seq471 as amended by section #bcf7;a71 is further amended by adding at the end the following3 #bcf4 ,career flexibility to enhance retention of officers 7a7 ,programs authorized ,the ,secretary may carry out a program under which officers may be inactivated from active duty in order to meet personal or professional needs and returned to active duty at the end of such period of inactivation from active duty4 7b7 ,period of inactivation from active duty2 effect of inactivation 7#a7 ,in general ,the period of inactivation from active duty under a program under this section of an officer participating in the program shall be such period as the ,secretary shall specify in the agreement of the officer under subsection 7c71 except that such period may not exceed three years4 7#b7 ,exclusion from retirement ,any period of participation of an officer in a program under this section shall not count toward eligibility for retirement or computation of retired pay under subtitle ,c4 7c7 ,agreement ,each officer who participates in a program under this section shall enter into a written agreement with the ,secretary under which that officer shall agree as follows3 7#a7 ,to undergo during the period of the inactivation of the officer from active duty under the program such inactive duty training as the ,director of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps shall require in order to ensure that the officer retains proficiency1 at a level determined by the ,director to be sufficient1 in the technical skills1 professional qualifications1 and physical readiness of the officer during the inactivation of the officer from active duty4 7#b7 ,following completion of the period of the inactivation of the officer from active duty under the program1 to serve two months on active duty for each month of the period of the inactivation of the officer from active duty under the program4 7d7 ,conditions of release ,the ,secretary shall-- 7#a7 prescribe regulations specifying the guidelines regarding the conditions of release that must be considered and addressed in the agreement required by subsection 7c72 and 7#b7 at a minimum1 prescribe the procedures and standards to be used to instruct an officer on the obligations to be assumed by the officer under paragraph 7#a7 of such subsection while the officer is released from active duty4 7e7 ,order to active duty ,under regulations prescribed by the ,secretary1 an officer participating in a program under this section may1 in the discretion of the ,secretary1 be required to terminate participation in the program and be ordered to active duty4 7f7 ,pay and allowances 7#a7 ,basic pay ,during each month of participation in a program under this section1 an officer who participates in the program shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the officer would otherwise be entitled under section #bjd of title #cg1 ,united ,states ,code1 as a member of the uniformed services on active duty in the grade and years of service of the officer when the officer commences participation in the program4 7#b7 ,special or incentive pay or bonus 7,a7 ,prohibition ,an officer who participates in a program under this section shall not1 while participating in the program1 be paid any special or incentive pay or bonus to which the officer is otherwise entitled under an agreement under chapter #e of title #cg1 ,united ,states ,code1 that is in force when the officer commences participation in the program4 7,b7 ,not treated as failure to perform services ,the inactivation from active duty of an officer participating in a program under this section shall not be treated as a failure of the officer to perform any period of service required of the officer in connection with an agreement for a special or incentive pay or bonus under chapter #e of title #cg1 ,united ,states ,code1 that is in force when the officer commences participation in the program4 7#c7 ,return to active duty 7,a7 ,special or incentive pay or bonus ,subject to subparagraph 7,b71 upon the return of an officer to active duty after completion by the officer of participation in a program under this section-- 7i7 any agreement entered into by the officer under chapter #e of title #cg1 ,united ,states ,code1 for the payment of a special or incentive pay or bonus that was in force when the officer commenced participation in the program shall be revived1 with the term of such agreement after revival being the period of the agreement remaining to run when the officer commenced participation in the program2 and 7ii7 any special or incentive pay or bonus shall be payable to the officer in accordance with the terms of the agreement concerned for the term specified in clause 7i74 7,b7 ,limitation 7i7 ,in general ,subparagraph 7,a7 shall not apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to an officer if1 at the time of the return of the officer to active duty as described in that subparagraph-- 7,i7 such pay or bonus is no longer authorized by law2 or 7,,ii7 the officer does not satisfy eligibility criteria for such pay or bonus as in effect at the time of the return of the officer to active duty4 7ii7 ,pay or bonus ceases being authorized ,subparagraph 7,a7 shall cease to apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to an officer if1 during the term of the revived agreement of the officer under subparagraph 7,a77i71 such pay or bonus ceases being authorized by law4 7,c7 ,repayment ,an officer who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of subparagraph 7,b77i77,,ii7 shall be subject to the requirements for repayment of such pay or bonus in accordance with the terms of the applicable agreement of the officer under chapter #e of title #cg1 ,united ,states ,code4 7,d7 ,required service is additional ,any service required of an officer under an agreement covered by this paragraph after the officer returns to active duty as described in subparagraph 7,a7 shall be in addition to any service required of the officer under an agreement under subsection 7c74 7#d7 ,travel and transportation allowance 7,a7 ,in general ,subject to subparagraph 7,b71 an officer who participates in a program under this section is entitled1 while participating in the program1 to the travel and transportation allowances authorized by section #dgd of title #cg1 ,united ,states ,code1 for-- 7i7 travel performed from the residence of the officer1 at the time of release from active duty to participate in the program1 to the location in the ,united ,states designated by the officer as the officer's residence during the period of participation in the program2 and 7ii7 travel performed to the residence of the officer upon return to active duty at the end of the participation of the officer in the program4 7,b7 ,single residence ,an allowance is payable under this paragraph only with respect to travel of an officer to and from a single residence4 7#e7 ,leave balance ,an officer who participates in a program under this section is entitled to carry forward the leave balance existing as of the day on which the officer begins participation and accumulated in accordance with section #gja of title #aj1 but not to exceed #fj days4 7g7 ,promotion 7#a7 ,in general ,an officer participating in a program under this section shall not1 while participating in the program1 be eligible for consideration for promotion under subtitle ,b4 7#b7 ,return to service ,upon the return of an officer to active duty after completion by the officer of participation in a program under this section-- 7,a7 the ,secretary may adjust the date of rank of the officer in such manner as the ,secretary shall prescribe in regulations for purposes of this section2 and 7,b7 the officer shall be eligible for consideration for promotion when officers of the same competitive category1 grade1 and seniority are eligible for consideration for promotion4 7h7 ,continued entitlements ,an officer participating in a program under this section shall1 while participating in the program1 be treated as a member of the uniformed services on active duty for a period of more than #cj days for purposes of-- 7#a7 the entitlement of the officer and of the dependents of the officer to medical and dental care under the provisions of chapter #ee of title #aj2 and 7#b7 retirement or separation for physical disability under the provisions of subtitle ,c4 4 7b7 ,clerical amendment ,the table of contents 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 #bcf7;b71 is further amended by inserting after the item relating to section #bce the following3 ,sec4 #bcf4 ,career flexibility to enhance retention of officers4 4 ,d ,separation and ,retirement of ,officers #bda4 ,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 deferment 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 #bdb4 ,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 ,,iii ,other ,national ,oceanic and ,atmospheric ,administration ,matters #cja4 ,charting and survey services 7a7 ,in general ,not later than #bgj days after the development of the strategy required by section #ajjb7;b7 of the ,frank ,lo,biondo ,coast ,guard ,authorization ,act of #bjah 7#cc ,u4,s4,c4 #hib;a note71 the ,secretary of ,commerce shall enter into not fewer than #b multi-year contracts with one or more private entities for the performance of charting and survey services by vessels4 7b7 ,charting and surveys in the ,arctic ,in soliciting and engaging the services of vessels under subsection 7a71 the ,secretary shall particularly emphasize the need for charting and surveys in the ,arctic4 #cjb4 ,leases and co-location agreements 7a7 ,in general ,notwithstanding any other provision of law1 in fiscal year #bjbj and each fiscal year thereafter1 the ,administrator of the ,national ,oceanic and ,atmospheric ,administration may execute noncompetitive leases and co-location agreements for real property and incidental goods and services with entities described in subsection 7b7 for periods of not more than #cj years1 if each such lease or agreement is supported by a price reasonableness analysis4 7b7 ,entities described ,an entity described in this subsection is-- 7#a7 the government of any ,state1 territory1 possession1 or locality of the ,united ,states2 7#b7 any ,tribal organization 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd772 7#c7 any subdivision of-- 7,a7 a government described in paragraph 7#a72 or 7,b7 an organization described in paragraph 7#b72 or 7#d7 any organization that is-- 7,a7 organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states2 and 7,b7 described in section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code4 7c7 ,fiscal year limitation ,the obligation of amounts for leases and agreements executed under subsection 7a7 is limited to the fiscal year for which payments are due1 without regard to sections #acda7;a77#a71 #aeja7;a77#a71 #aejb7;a71 and #aeag7;a7 of title #ca1 ,united ,states ,code4 7d7 ,collaboration agreements ,upon the execution of a lease or agreement authorized by subsection 7a7 with an entity1 the ,administrator may enter into agreements with the entity to collaborate or engage in projects or programs on matters of mutual interest for periods not to exceed the term of the lease or agreement4 ,the cost of such agreements shall be apportioned equitably1 as determined by the ,administrator4 #cjc4 ,satellite and data management ,section #cja7;d7 of the ,weather ,research and ,forecasting ,innovation ,act of #bjag 7#ae ,u4,s4,c4 #heca7;d77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking data and satellite systems and inserting data1 satellite1 and other observing systems2 and 7,b7 by striking to carry out and all that follows and inserting the following3 8to carry out-- 7,a7 basic1 applied1 and advanced research projects1 and ocean exploration missions2 or 7,b7 any other type of project to meet other mission objectives1 as determined by the ,under ,secretary4 2 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,b7-- 7i7 in clause 7i71 by striking satellites and all that follows and inserting systems1 including satellites1 instrumentation1 ground stations1 data1 data archiving1 and data processing22 and 7ii7 in clause 7iii7-- 7,i7 by striking only2 and 7,,ii7 by striking be met and all that follows through the period at the end and inserting reasonably or appropriately be met with the use of a standard contract1 grant or cooperative agreement42 and 7,b7 by adding at the end the following3 7,c7 ,advance payments ,the authority provided under paragraph 7#a7 may be exercised without regard to section #ccbd of title #ca1 ,united ,states ,code4 2 and 7#c7 in paragraph 7#c71 by striking #bjbc and inserting #bjcj4