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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3930 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  2d Session
                                S. 3930

   To reauthorize the Maritime Administration and to reauthorize the 
 National Oceanic and Atmospheric Administration Commissioned Officer 
                           Corps Act of 2002.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 10, 2020

  Mr. Wicker introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
   To reauthorize the Maritime Administration and to reauthorize the 
 National Oceanic and Atmospheric Administration Commissioned Officer 
                           Corps Act of 2002.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Maritime Administration 
Authorization and Improvement Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                       TITLE I--MARITIME MATTERS

Sec. 101. Authorization of the Maritime Administration.
Sec. 102. Marine highways.
Sec. 103. Maritime security program operating requirement.
Sec. 104. Tanker security fleet.
Sec. 105. Port and intermodal improvement program.
Sec. 106. Sea year cadets on cable security fleet and tanker security 
                            fleet vessels.
Sec. 107. Conditional bachelor of science degree from United States 
                            Merchant Marine Academy.
Sec. 108. Graduation requirements for State maritime academies.
Sec. 109. Superintendent of the United States Merchant Marine Academy.
Sec. 110. Maritime academy information.
Sec. 111. Centers of excellence for domestic maritime workforce 
                            training and education.
Sec. 112. Criteria to be eligible to train students from State maritime 
                            academies.
Sec. 113. Improvement of the National Oceanographic Partnership 
                            Program.
Sec. 114. GAO review of Department-wide efforts to manage 
                            cybersecurity.
Sec. 115. GAO review of efforts to support and grow the vessels of the 
                            United States.
Sec. 116. GAO review of Federal efforts to enhance port infrastructure 
                            resiliency and disaster preparedness.
Sec. 117. Study on foreign investment in shipping.
Sec. 118. National Academies standing committee on America's supply 
                            chain security during disasters.
TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED 
                             OFFICER CORPS

Sec. 201. References to National Oceanic and Atmospheric Administration 
                            Commissioned Officer Corps Act of 2002.
                     Subtitle A--General Provisions

Sec. 211. Strength and distribution in grade.
Sec. 212. Recalled officers.
Sec. 213. Obligated service requirement.
Sec. 214. Training and physical fitness.
Sec. 215. Aviation accession training programs.
Sec. 216. Recruiting materials.
Sec. 217. Technical correction.
                   Subtitle B--Parity and Recruitment

Sec. 221. Education loans.
Sec. 222. Interest payments.
Sec. 223. Student pre-commissioning program.
Sec. 224. Limitation on educational assistance.
Sec. 225. Applicability of certain provisions of title 10, United 
                            States Code, and extension of certain 
                            authorities applicable to members of the 
                            Armed Forces to commissioned officer corps.
Sec. 226. Applicability of certain provisions of title 37, United 
                            States Code.
Sec. 227. Prohibition on retaliatory personnel actions.
Sec. 228. Application of certain provisions of competitive service law.
Sec. 229. Employment and reemployment rights.
Sec. 230. Treatment of commission in commissioned officer corps for 
                            purposes of certain hiring decisions.
           Subtitle C--Appointments and Promotion of Officers

Sec. 231. Appointments.
Sec. 232. Personnel boards.
Sec. 233. Positions of importance and responsibility.
Sec. 234. Temporary appointments.
Sec. 235. Officer candidates.
Sec. 236. Procurement of personnel.
Sec. 237. Career intermission program.
           Subtitle D--Separation and Retirement of Officers

Sec. 241. Involuntary retirement or separation.
Sec. 242. Separation pay.
   TITLE III--OTHER NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
                                MATTERS

Sec. 301. Charting and survey services.
Sec. 302. Leases and co-location agreements.
Sec. 303. Satellite and data management.

                       TITLE I--MARITIME MATTERS

SEC. 101. AUTHORIZATION OF THE MARITIME ADMINISTRATION.

    (a) In General.--There are authorized to be appropriated to the 
Department of Transportation for fiscal year 2021, to be available 
without fiscal year limitation if so provided in appropriations Acts, 
for programs associated with maintaining the United States Merchant 
Marine, the following amounts:
            (1) For expenses necessary for operations of the United 
        States Merchant Marine Academy, $98,216,000, of which--
                    (A) $80,216,000 shall remain available until 
                September 30, 2022, for Academy operations; and
                    (B) $18,000,000 shall remain available until 
                expended for capital asset management at the Academy.
            (2) For expenses necessary to support the State maritime 
        academies, $50,780,000, of which--
                    (A) $2,400,000 shall remain available until 
                September 30, 2022, for the Student Incentive Program;
                    (B) $6,000,000 shall remain available until 
                expended for direct payments to such academies;
                    (C) $30,500,000 shall remain available until 
                expended for maintenance and repair of State maritime 
                academy training vessels;
                    (D) $3,800,000 shall remain available until 
                expended for training ship fuel assistance; and
                    (E) $8,080,000 shall remain available until 
                expended for offsetting the costs of training ship 
                sharing.
            (3) For expenses necessary to support the National Security 
        Multi-Mission Vessel Program, $389,000,000, which shall remain 
        available until expended.
            (4) For expenses necessary to support Maritime 
        Administration operations and programs, $80,628,000, of which--
                    (A) $5,000,000 shall remain available until 
                expended for activities authorized under section 50307 
                of title 46, United States Code; and
                    (B) $19,775,000 shall remain available until 
                expended for the Marine Highways Program.
            (5) For expenses necessary to dispose of vessels in the 
        National Defense Reserve Fleet, $5,000,000, which shall remain 
        available until expended.
            (6) 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 531 of title 
        46, United States Code, $314,008,000, which shall remain 
        available until expended.
            (7) For expenses necessary for the loan guarantee program 
        authorized under chapter 537 of title 46, United States Code, 
        $33,000,000, of which--
                    (A) $30,000,000 may be used for the cost (as 
                defined in section 502(5) of the Federal Credit Reform 
                Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees 
                under the program, which shall remain available until 
                expended; and
                    (B) $3,000,000 may be used for administrative 
                expenses relating to loan guarantee commitments under 
                the program.
            (8) For expenses necessary to provide assistance to small 
        shipyards and for maritime training programs under section 
        54101 of title 46, United States Code, $40,000,000, which shall 
        remain available until expended.
            (9) For expenses necessary to implement section 111 of this 
        Act, $200,000,000.
            (10) For expenses necessary to implement the Port and 
        Intermodal Improvement Program, $500,000,000.

SEC. 102. MARINE HIGHWAYS.

    (a) Marine Highways Program.--Section 55601 of title 46, United 
States Code, is amended--
            (1) in the section heading, by striking ``Short sea 
        transportation program'' and inserting ``Marine highways 
        program'';
            (2) by redesignating subsections (a) through (g) as 
        subsections (c) through (i), respectively;
            (3) by inserting before subsection (c), as redesignated by 
        paragraph (2), the following:
    ``(a) Findings.--Congress makes the following findings:
            ``(1) Our Nation's waterways are an integral part of our 
        transportation network.
            ``(2) River transportation is the most efficient form of 
        bulk transportation, the safest mode of transportation, and 
        more environmentally friendly than other forms of 
        transportation.
            ``(3) Using the Nation's waterways--coastal, inland, and 
        others that can support commercial transportation, alleviates 
        surface transportation congestion and burdensome road and 
        bridge repair costs.
            ``(4) Marine highways are serviced by documented United 
        States Flag vessels and manned by United States citizens, 
        providing added resources for national security and to aid in 
        times of crisis.
            ``(5) According to the United States Army Corps of 
        Engineers, inland navigation is a key element of economic 
        development and is essential in maintaining economic 
        competitiveness and national security.
    ``(b) Definitions.--
            ``(1) Marine highway project.--The term `marine highway 
        project' means planned or contemplated new services, or 
        expansions of existing services, on marine highway routes, that 
        seek to provide new modal choices to shippers, offer more 
        desirable services, reduce transportation costs, or provide 
        public benefits, which include reduced air emissions, reduced 
        road maintenance costs, connectivity, and improved safety or 
        resiliency impacts.
            ``(2) Marine highway route.--The term `marine highway 
        route' means commercially navigable coastal, inland, or 
        intracoastal waters of the United States (including connections 
        between United States ports and Canadian ports and non-
        contiguous United States ports).'';
            (4) in subsection (c), as redesignated by paragraph (2)--
                    (A) by inserting ``, to be known as the `America's 
                Marine Highway program','' after ``transportation 
                program'';
                    (B) by striking ``short sea transportation 
                projects'' and inserting ``marine highway projects''; 
                and
                    (C) by striking ``mitigate landside congestion or 
                to promote short sea transportation'' and insert 
                ``provide an alternative to transportation or to 
                promote short sea transportation'';
            (5) in subsection (d), as redesignated by paragraph (2), by 
        striking paragraph (1) and inserting the following:
            ``(1) vessels documented under chapter 121 of this title'';
            (6) by striking subsection (e), as redesignated by 
        paragraph (2), and inserting the following:
    ``(e) Designation and Mapping of Marine Highway Routes.--
            ``(1) In general.--Not later than 60 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 (4), 
        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 
        transportation.
            ``(2) Notification.--Not later than 7 days after the date 
        on which the Secretary makes the determination whether to 
        designate or extend a marine highway route under paragraph (1), 
        the Secretary shall send the eligible requester a notification 
        of the determination.
            ``(3) Data collection and dissemination.--The Secretary may 
        collect and disseminate data for the designation and 
        delineation of short sea transportation routes, naming them as 
        the `United States Marine Highway Routes'.
            ``(4) 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 Secretary, by--
                    ``(A) the Governor of an affected State;
                    ``(B) an official Tribal resolution of an Indian 
                tribe (as defined in section 4 of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                5304)), or a consortium of Indian tribes;
                    ``(C) a State Department of Transportation;
                    ``(D) a Port Authority;
                    ``(E) a metropolitan planning organization; or
                    ``(F) any other comparable elected or politically 
                appointed representative, as determined by the 
                Secretary.
            ``(5) Numbering of routes.--Each marine highway route, if 
        practicable, shall be numbered in terms of the specific 
        landside transportation routes (road or railway) that it 
        parallels or to which it connects.
            ``(6) Map.--Not later than 120 days after the date of 
        enactment of the Maritime Administration Authorization and 
        Improvement Act, and thereafter each time a marine highway 
        route is amended or added, the Secretary shall make publically 
        available a map showing the location of marine highway routes 
        along the coasts, in the inland waterways, and at sea.'';
            (7) in subsection (f), as redesignated by paragraph (2)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``short sea transportation project'' and 
                inserting ``marine highway project''; and
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) provides an alternative to landside transportation; 
        or'';
            (8) in subsection (g), as redesignated by paragraph (2)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``short sea transportation project designated 
                under this section, the Secretary may'' and inserting 
                ``marine highway project designated under this section, 
                the Secretary shall''; and
                    (B) in paragraph (3), by striking ``short sea 
                transportation program'' and inserting ``marine 
                highways program'';
            (9) in subsection (h), as redesignated by paragraph (2), in 
        the matter preceding paragraph (1), by striking ``may develop'' 
        and inserting ``shall develop'';
            (10) in subsection (i), as redesignated by paragraph (2)--
                    (A) by redesignating paragraph (3) as paragraph 
                (10);
                    (B) in paragraph (1)--
                            (i) by striking ``a short sea 
                        transportation grant program'' and inserting 
                        ``a marine highway grant program''; and
                            (ii) by striking ``subsection (d)'' and 
                        inserting ``subsection (f)''; and
                    (C) by striking paragraph (2) and inserting the 
                following:
            ``(2) Applications.--
                    ``(A) In general.--To be eligible for assistance 
                under this section, an applicant shall submit an 
                application, in such form, and containing such 
                information and assurances as the Administrator may 
                require, not later than 90 days after the date of 
                enactment of the appropriations Act for the fiscal year 
                concerned.
                    ``(B) Eligible applicant; minimum standards for 
                payment or reimbursement.--Each application submitted 
                under paragraph (1) shall include a comprehensive 
                description of--
                            ``(i) regions served;
                            ``(ii) the marine highway route that the 
                        project will use, which may include connection 
                        to existing or planned transportation 
                        infrastructure and intermodal facilities, key 
                        navigational factors such as available draft, 
                        channel width, bridge air draft, or lock 
                        clearance, and any foreseeable impacts on 
                        navigation or commerce, and a map of the 
                        proposed route;
                            ``(iii) project supporters, which may 
                        include including business affiliations, 
                        private sector stakeholders, State Departments 
                        of Transportation, metropolitan planning 
                        organizations, municipalities, or other 
                        governmental entities (including Tribal 
                        governments), as applicable;
                            ``(iv) estimated volume of passengers or 
                        cargo;
                            ``(v) the need for the project;
                            ``(vi) the definition of the success goal 
                        for the project, such as volumes of cargo or 
                        passengers moved, or contribution to 
                        environmental mitigation, safety, reduced VMT, 
                        or reduced maintenance and repair costs;
                            ``(vii) the methodology for implementing 
                        the project, including a description of the 
                        proposed operational framework of the project 
                        including the origin, destination, and any 
                        intermediate stops on the route, transit times, 
                        vessel types, and service frequency; and
                            ``(viii) any existing programs or 
                        arrangements that can be used to supplement or 
                        leverage assistance under the program.
            ``(3) Timing of grant notice.--The Administrator shall post 
        a Notice of Funding Opportunity regarding grants awarded under 
        this section not more than 15 days after the date of enactment 
        of the appropriations Act for the fiscal year concerned.
            ``(4) Timing of grants.--The Administrator shall award 
        grants under this section not later than 120 days after the 
        date of the enactment of the appropriations Act for the fiscal 
        year concerned.
            ``(5) Reuse of unexpended grant funds.--Notwithstanding 
        paragraph (4), 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 section.
            ``(6) Administrative costs.--Not more than 3 percent of 
        amounts made available to carry out the program may be used for 
        the necessary costs of grant administration.
            ``(7) Procedural safeguards.--The Administrator, in 
        consultation with the Office of the Inspector General, shall 
        issue guidelines to establish appropriate accounting, 
        reporting, and review procedures to ensure that--
                    ``(A) grant funds are used for the purposes for 
                which they were made available;
                    ``(B) grantees have properly accounted for all 
                expenditures of grant funds; and
                    ``(C) grant funds not used for such purposes and 
                amounts not obligated or expended are returned.
            ``(8) Project approval required.--The Administrator may not 
        award a grant under this section unless the Administrator 
        determines that--
                    ``(A) sufficient funding is available to meet the 
                matching requirements of paragraph (10);
                    ``(B) the project will be completed without 
                unreasonable delay; and
                    ``(C) the recipient has authority to carry out the 
                proposed project.
            ``(9) Confidential information.--Information of a 
        confidential nature, such as proprietary or classified 
        information, provided to a United States firm pursuant to this 
        section shall be protected. Such information may be released by 
        a United States firm only after written approval by the 
        Secretary.''; and
            (11) by adding at the end the following:
    ``(j) Prohibited Uses.--Grants awarded under this section may not 
be used to raise sunken vessels, construct buildings, or other physical 
facilities or to acquire land.
    ``(k) Allocation of Funds.--The Administrator may not award more 
than 25 percent of the funds appropriated to carry out this section for 
any fiscal year to any project in one geographic location.
    ``(l) 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 Administrator.''.
    (b) Cargo and Shippers.--Section 55602 of title 46, United States 
Code, is amended, in subsection (a), by striking ``short sea 
transportation project'' and inserting ``marine highway project''.
    (c) Research on Short Sea Transportation.--Section 55604 of title 
46, United States Code, is amended--
            (1) by redesignating paragraphs (1) through (3) as 
        paragraphs (4) through (6), respectively; and
            (2) by inserting before paragraph (4), as redesignated by 
        paragraph (1), the following:
            ``(1) the economic importance of marine highways 
        transportation to the United States economy;
            ``(2) the importance of marine highways to rural areas;
            ``(3) identifying pairs of United States regions and 
        territories, and within-region areas, that do not yet have 
        marine highway projects underway, but that could benefit from 
        the establishment of marine highway services;''; and
            (3) in paragraph (6), as redesignated by paragraph (1), by 
        striking ``short sea transportation projects'' and inserting 
        ``marine highway projects''.
    (d) Short Sea Transportation.--Section 55605 of title 46, United 
States Code, is amended to read as follows:
``Sec. 55605. Short sea transportation defined
    ``In this chapter, the term `short sea transportation' means the 
carriage of bulk or containerized cargo, passengers, or freight by a 
United States documented vessel that is--
            ``(1) loaded at a port in the United States and unloaded 
        either at another port in the United States or at a port in 
        Canada; or
            ``(2) loaded at a port in Canada and unloaded at a port in 
        the United States.''.
    (e) Expending Federal Funds.--Beginning on the date of enactment of 
this title, the Secretary of Transportation may allow grant recipients 
to expend Federal funds to complete projects under the grant programs 
carried out under sections 54101, 55601, and 50302 of title 46, United 
States Code, before expending any required non-Federal funds.

SEC. 103. MARITIME SECURITY PROGRAM OPERATING REQUIREMENT.

    (a) Required Operating Days.--For the period beginning on the date 
of enactment of this title and ending on September 30, 2021, subsection 
(b) and subsection (d)(3) of section 53106 of title 46, United States 
Code, shall be applied by substituting ``180 days'' for ``320 days''.
    (b) Payments.--
            (1) Immediate payments; advance payments.--Notwithstanding 
        section 53106(a)(2) of title 46, United States Code, the 
        Secretary of Transportation may--
                    (A) pay immediately the amount remaining to be paid 
                for fiscal year 2020 to each contractor for an 
                operating agreement, for each vessel that is covered by 
                an operating agreement; and
                    (B) for fiscal year 2021, for any particular 
                period, pay in advance the stipend authorized by 
                section 53106(a) of title 46, United States Code, upon 
                a determination by the Secretary of Transportation that 
                advance payments for such period are in the interest of 
                the national defense.
            (2) Recoupment.--Advance payments under this subsection 
        shall be subject to recoupment by the Secretary of 
        Transportation for any days that--
                    (A) a vessel does not comply with the provisions of 
                subsections (c) and (d) of section 53106 of title 46, 
                United States Code; or
                    (B) the contractor's operations have not complied 
                with the limitation with respect to noncontiguous trade 
                under subsection (e) of section 53106 of title 46, 
                United States Code.

SEC. 104. TANKER SECURITY FLEET.

    (a) In General.--Subtitle V of title 46, United States Code, is 
amended by inserting after chapter 533 the following:

                  ``CHAPTER 534--TANKER SECURITY FLEET

``Sec.
``53401. Definitions.
``53402. Establishment of the Tanker Security Fleet.
``53403. Award of operating agreements.
``53404. Effectiveness of operating agreements.
``53405. Obligations and rights under operating agreements.
``53406. Payments.
``53407. National security requirements.
``53408. Regulatory relief.
``53409. Special rule regarding age of participating fleet vessels.
``53410. Regulations.
``53411. Authorization of appropriations.
``53412. Acquisition of fleet vessels.
``Sec. 53401. Definitions
    ``In this chapter:
            ``(1) Foreign commerce.--The term `foreign commerce' 
        means--
                    ``(A) commerce or trade between the United States, 
                its territories or possessions, or the District of 
                Columbia, and a foreign country; and
                    ``(B) commerce or trade between foreign countries.
            ``(2) 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 1, 
        2021, that--
                    ``(A) meets the requirements of one of paragraphs 
                (1) through (4) of section 53402(b) of this title; and
                    ``(B) is no more than 20 years of age.
            ``(3) Person.--The term `person' includes corporations, 
        partnerships, and associations existing under, or authorized 
        by, laws of the United States, or any State, territory, 
        district, or possession thereof, or any foreign country.
            ``(4) Product tank vessel.--The term `product tank vessel' 
        means a double-hulled tank vessel capable of carrying 
        simultaneously more than 2 separated grades of refined 
        petroleum products.
            ``(5) 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 53403.
            ``(6) Secretary.--The term `Secretary' means the Secretary 
        of Transportation, unless the context indicates otherwise.
            ``(7) United states citizen trust.--The term `United States 
        citizen trust'--
                    ``(A) means a trust for which--
                            ``(i) each of the trustees is a citizen of 
                        the United States; and
                            ``(ii) the application for documentation of 
                        the vessel under chapter 121 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 States, or 
                        involving any other person who is not a citizen 
                        of the United States, as a result of which the 
                        beneficiary or other person would hold more 
                        than 25 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 States;
                    ``(B) does not include a trust for which any person 
                that is not a citizen of the United States has 
                authority to direct, or participate in directing, 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 cause, either directly or indirectly 
                through the control of another person, unless the trust 
                instrument provides that persons who are not citizens 
                of the United States may not hold more than 25 percent 
                of the aggregate authority to so direct or remove a 
                trustee; and
                    ``(C) may include a trust for which a person who is 
                not a citizen of the United States holds more than 25 
                percent of the beneficial interest in the trust.
``Sec. 53402. Establishment of the Tanker Security Fleet
    ``(a) In General.--The Secretary, in consultation with the 
Secretary of Defense, shall establish a fleet of active, commercially 
viable, militarily useful, privately owned product tank vessels to meet 
national defense and other security requirements and maintain a United 
States presence in international commercial shipping. The fleet shall 
consist of privately owned vessels of the United States for which there 
are in effect operating agreements under this chapter, and shall be 
known as the `Tanker Security Fleet' (hereafter in this chapter 
referred to as the `Fleet').
    ``(b) Vessel Eligibility.--A vessel is eligible to be included in 
the Fleet if the vessel--
            ``(1) meets the requirements under paragraph (1), (2), (3), 
        or (4) of subsection (c);
            ``(2) is operated (or in the case of a vessel to be 
        constructed, will be operated) in providing transportation in 
        United States foreign commerce;
            ``(3) is self-propelled;
            ``(4) is not more than 10 years of age on the date the 
        vessel is first included in the Fleet;
            ``(5) 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 emergency;
            ``(6) is commercially viable, as determined by the 
        Secretary; and
            ``(7) is--
                    ``(A) a vessel of the United States; or
                    ``(B) not a vessel of the United States, but--
                            ``(i) the owner of the vessel has 
                        demonstrated an intent to have the vessel 
                        documented under chapter 121 of this title if 
                        it is included in the Fleet; and
                            ``(ii) at the time an operating agreement 
                        is entered into under this chapter, the vessel 
                        is eligible for documentation under chapter 121 
                        of this title.
    ``(c) Requirements Regarding Citizenship of Owners, Charterers, and 
Operators.--
            ``(1) Vessels owned and operated by section 50501 
        citizens.--A vessel meets the requirements of this paragraph 
        if, during the period of an operating agreement under this 
        chapter that applies to the vessel, the vessel will be owned 
        and operated by one or more persons that are citizens of the 
        United States under section 50501 of this title.
            ``(2) Vessels owned by a section 50501 citizen, or united 
        states citizen trust, and chartered to a documentation 
        citizen.--A vessel meets the requirements of this paragraph 
        if--
                    ``(A) during the period of an operating agreement 
                under this chapter that applies to the vessel, the 
                vessel will be--
                            ``(i) owned by a person that is a citizen 
                        of the United States under section 50501 of 
                        this title or that is a United States citizen 
                        trust; and
                            ``(ii) demise chartered to a person--
                                    ``(I) that is eligible to document 
                                the vessel under chapter 121 of this 
                                title;
                                    ``(II) the chairman of the board of 
                                directors, chief executive officer, and 
                                a majority of the members of the board 
                                of directors of which are citizens of 
                                the United States under section 50501 
                                of this title, and are appointed and 
                                subjected to removal only upon approval 
                                by the Secretary; and
                                    ``(III) that certifies to the 
                                Secretary that there are no treaties, 
                                statutes, regulations, or other laws 
                                that would prohibit the program 
                                participant for the vessel from 
                                performing its obligations under an 
                                operating agreement under this chapter;
                    ``(B) 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 50501 of this title, 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 
                States; and
                    ``(C) the Secretary and the Secretary of Defense 
                notify the Committee on Armed Services and the 
                Committee on Commerce, Science, 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 
                (A)(ii)(III), and have reviewed and agree that there 
                are no legal, operational, or other impediments that 
                would prohibit the owner or operator for the vessel 
                from performing its obligations under an operating 
                agreement under this chapter.
            ``(3) Vessels owned and operated by a defense contractor.--
        A vessel meets the requirements of this paragraph if--
                    ``(A) during the period of an operating agreement 
                under this chapter that applies to the vessel, the 
                vessel will be owned and operated by a person that--
                            ``(i) is eligible to document a vessel 
                        under chapter 121 of this title;
                            ``(ii) operates or manages other vessels of 
                        the United States for the Secretary of Defense, 
                        or charters other vessels to the Secretary of 
                        Defense;
                            ``(iii) has entered into a special security 
                        agreement for the purpose of this paragraph 
                        with the Secretary of Defense;
                            ``(iv) makes the certification described in 
                        paragraph (2)(A)(ii)(III); and
                            ``(v) in the case of a vessel described in 
                        paragraph (2)(B), enters into an agreement 
                        referred to in that paragraph; and
                    ``(B) the Secretary and the Secretary of Defense 
                notify the Committee on Armed Services and the 
                Committee on Commerce, Science, 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 (A)(iv), and 
                have reviewed and agree that there are no legal, 
                operational, or other impediments that would prohibit 
                the program participant for the vessel from performing 
                its obligations under an operating agreement under this 
                chapter.
            ``(4) Vessels owned by documentation citizens and chartered 
        to section 50501 citizens.--A vessel meets the requirements of 
        this paragraph if, during the period of an operating agreement 
        under this chapter, the vessel will be--
                    ``(A) owned by a person who is eligible to document 
                a vessel under chapter 121 of this title; and
                    ``(B) demise chartered to a person that is a 
                citizen of the United States under section 50501 of 
                this title.
    ``(d) Request by Secretary of Defense.--The Secretary of Defense 
shall request that the Secretary of Homeland Security issue any waiver 
under section 501 of this title that the Secretary of Defense 
determines is necessary for purposes of this chapter.
    ``(e) Vessel Standards.--
            ``(1) 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 (b) but which, on the date of enactment 
        of this section, is not documented under chapter 121 of this 
        title, shall be eligible for a certificate of inspection if the 
        Commandant of the Coast Guard determines that--
                    ``(A) the vessel is classed by and designed in 
                accordance with the rules of the American Bureau of 
                Shipping, or another classification society accepted by 
                the Commandant of the Coast Guard;
                    ``(B) the vessel complies with applicable 
                international agreements and associated guidelines, as 
                determined by the country in which the vessel was 
                documented immediately before becoming documented under 
                chapter 121 of this title; and
                    ``(C) the country has not been identified by the 
                Commandant of the Coast Guard as inadequately enforcing 
                international vessel regulations as to that vessel.
            ``(2) Continued eligibility for certificate.--Subsection 
        (a) shall not apply to any vessel that has failed to comply 
        with the applicable international agreements and association 
        guidelines referred to in paragraph (1)(B).
            ``(3) Reliance on classification society.--
                    ``(A) In general.--The Commandant of the Coast 
                Guard may rely on a certification from the American 
                Bureau of Shipping or, subject to subparagraph (B), 
                another classification society accepted by the 
                Commandant of the Coast Guard, to establish that a 
                vessel is in compliance with the requirements of 
                paragraph (1).
                    ``(B) Foreign classification society.--The 
                Commandant of the Coast Guard may accept certification 
                from a foreign classification society under 
                subparagraph (A) only--
                            ``(i) 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 Shipping; and
                            ``(ii) if the foreign classification 
                        society has offices and maintains records in 
                        the United States.
``Sec. 53403. Award of operating agreements
    ``(a) In General.--The Secretary shall require, as a condition of 
including any vessel in the Fleet, that the program participant for the 
vessel enter into an operating agreement with the Secretary under this 
section.
    ``(b) Procedure for Applications.--
            ``(1) Eligible vessels.--The Secretary shall accept an 
        application for an operating agreement for an eligible product 
        tank vessel under the priority under paragraph (2) only from a 
        person that has authority to enter into an operating agreement 
        under this chapter.
            ``(2) Establishment of priority.--The Secretary may enter 
        into a new operating agreement with an applicant that meets the 
        requirements of section 53402(c) for a vessel that meets the 
        qualifications of section 53402(b), and shall give priority to 
        applications based on--
                    ``(A) vessel capabilities, as established by the 
                Secretary of Defense; then
                    ``(B) after consideration of vessel type, to an 
                applicant that is a United States citizen under section 
                50501 of this title; then
                    ``(C) after consideration of applicant citizenship, 
                according to an applicant's record of owning and 
                operating vessels; then
                    ``(D) after consideration of ownership and 
                operation, according to such additional priorities as 
                the Secretary may consider appropriate.
            ``(3) Concurrence of award.--The Secretary may not approve 
        an application for an operating agreement without the 
        concurrence of the Secretary of Defense.
    ``(c) Limitation.--For any fiscal year, the Secretary may not award 
operating agreements under this chapter that require payments under 
section 53406 of this title for more than 10 vessels.
    ``(d) 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 chapter.
``Sec. 53404. Effectiveness of operating agreements
    ``(a) In General.--The Secretary may enter into an operating 
agreement under this chapter for fiscal year 2021. The agreement shall 
be effective only for 1 fiscal year, but shall be renewable, subject to 
the availability of appropriations, for each fiscal year through the 
end of fiscal year 2035.
    ``(b) 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 vessel.
    ``(c) Termination.--
            ``(1) 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--
                    ``(A) the Secretary shall notify the program 
                participant and provide a reasonable opportunity to 
                comply with the operating agreement; and
                    ``(B) the Secretary shall terminate the operating 
                agreement if the program participant fails to achieve 
                such compliance.
            ``(2) 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 60 days prior to such date, such agreement shall 
        terminate on the date specified by the program participant.
    ``(d) Nonrenewal for Lack of Funds.--If, by the first day of a 
fiscal year, sufficient funds have not been appropriated under the 
authority provided by this chapter for that fiscal year, then the 
Secretary shall notify the Committee on Armed Services and the 
Committee on Commerce, Science, 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 60th day of that fiscal year.
    ``(e) 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 60th day of that fiscal year, then--
            ``(1) each vessel covered by the operating agreement is 
        thereby released from any further obligation under the 
        operating agreement;
            ``(2) 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 Defense, 
        notwithstanding section 56101 of this title; and
            ``(3) if chapter 563 of this title is applicable to the 
        vessel after registration, then the vessel is available to be 
        requisitioned by the Secretary pursuant to chapter 563 of this 
        title.
``Sec. 53405. Obligations and rights under operating agreements
    ``(a) Operation of Vessel.--An operating agreement under this 
chapter shall require that, during the period the vessel covered by the 
agreement is operating under the agreement, the vessel shall--
            ``(1) be operated in the United States foreign commerce, 
        mixed United States foreign commerce and domestic trade allowed 
        under a registry endorsement issued under section 12111 of this 
        title, foreign-to-foreign commerce, or under a charter to the 
        United States;
            ``(2) not be operated in the coastwise trade, except as 
        described in paragraph (1); and
            ``(3) be documented under chapter 121 of this title.
    ``(b) Annual Payments by the Secretary.--
            ``(1) In general.--An operating agreement under this 
        chapter shall require, subject to the availability of 
        appropriations, that the Secretary make a payment to the 
        program participant in accordance with section 53406.
            ``(2) 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 appropriations.
    ``(c) Documentation Requirement.--Each vessel covered by the 
operating agreement, including an agreement terminated under section 
53404(c)(2), shall remain documented under chapter 121 of this title 
until the date the operating agreement would terminate according to its 
terms.
    ``(d) National Security Requirements.--
            ``(1) In general.--A program participant with respect to an 
        operating agreement, including an agreement terminated under 
        section 53404(c)(2), shall continue to be bound by the 
        provisions of section 53407 until the date the operating 
        agreement would terminate according to its terms.
            ``(2) Emergency preparedness agreement.--All terms and 
        conditions of an Emergency Preparedness Agreement entered into 
        under section 53407 shall remain in effect until the date the 
        operating agreement would terminate according to its terms, 
        except that the terms of such Emergency Preparedness Agreement 
        may be modified by the mutual consent of the program 
        participant, the Secretary, and the Secretary of Defense.
    ``(e) Transfer of Operating Agreements.--A program participant may 
transfer an operating agreement (including all rights and obligations 
under the agreement) to any person that is eligible to enter into that 
operating agreement under this chapter, if the Secretary and the 
Secretary of Defense determine that the transfer is in the best 
interests of the United States.
    ``(f) 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 53402(b), if the Secretary, in coordination with the Secretary 
of Defense, approves the replacement of the vessel. 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 section.
``Sec. 53406. Payments
    ``(a) Annual Payment.--Subject to the availability of 
appropriations for such purpose and the other provisions of this 
chapter, the Secretary shall pay to the program participant for an 
operating agreement under this chapter an amount equal to $6,000,000 
for each vessel covered by the agreement for each fiscal year that the 
vessel is covered by the agreement. Such amount shall be paid in equal 
monthly installments on the last day of each month. The amount payable 
under this subsection may not be reduced except as provided by this 
section.
    ``(b) Certification Required for Payment.--As a condition of 
receiving payment under this section for a fiscal year for a vessel, 
the program participant shall certify, in accordance with regulations 
issued by the Secretary, that the vessel has been and will be operated 
in accordance with section 53405(a) of this title for at least 320 days 
during the fiscal year. Days during which the vessel is drydocked, 
surveyed, inspected, or repaired shall be considered days of operation 
for purposes of this subsection.
    ``(c) General Limitations.--The Secretary may not make any payment 
under this chapter for a vessel with respect to any days for which the 
vessel is--
            ``(1) not operated or maintained in accordance with an 
        operating agreement under this chapter;
            ``(2) more than 20 years of age; or
            ``(3) simultaneously operating under an agreement issued 
        pursuant to chapter 531 of this title.
    ``(d) Reductions in Payments.--With respect to payments under this 
chapter for a vessel covered by an operating agreement, the Secretary--
            ``(1) except as provided in paragraph (2), may not reduce 
        such a payment for--
                    ``(A) the operation of the vessel to carry military 
                or other preference cargoes under section 55302(a), 
                55304, 55305, or 55314 of this title, section 2631 of 
                title 10, or any other cargo preference law of the 
                United States; or
                    ``(B) any days in which the vessel is operated 
                under charter to the United States Government;
            ``(2) may not make such a payment for any day that the 
        vessel is engaged in transporting more than 7,500 tons of 
        civilian bulk preference cargoes pursuant to section 55302(a), 
        55305, or 55314 of this title; and
            ``(3) shall make a pro rata reduction for each day less 
        than 320 in a fiscal year that the vessel is not operated in 
        accordance with section 53405 of this title.
    ``(e) Limitations Regarding Noncontiguous Domestic Trade.--
            ``(1) In general.--No program participant shall receive 
        payments pursuant to this chapter during a period in which it 
        participates in noncontiguous domestic trade.
            ``(2) Limitation on application.--Paragraph (1) shall not 
        apply to a program participant that is a citizen of the United 
        States within the meaning of section 50501 of this title, 
        applying the 75 percent ownership requirement of that section.
            ``(3) Participates in a noncontiguous trade defined.--In 
        this subsection the term `participates in a noncontiguous 
        domestic trade' means directly or indirectly owns, charters, or 
        operates a vessel engaged in transportation of cargo between a 
        point in the contiguous 48 States and a point in Alaska, 
        Hawaii, or Puerto Rico, other than a point in Alaska north of 
        the Arctic Circle.
``Sec. 53407. National security requirements
    ``(a) Emergency Preparedness Agreement Required.--The Secretary, in 
coordination with the Secretary of Defense, shall establish an 
emergency preparedness program under this section under which the 
program participant for an operating agreement under this chapter shall 
agree, as a condition of the operating agreement, to enter into an 
Emergency Preparedness Agreement with the Secretary. 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 agreement.
    ``(b) Terms of Agreement.--The terms of an agreement under this 
section--
            ``(1) shall provide that, upon request by the Secretary of 
        Defense during time of war or national emergency, or whenever 
        determined by the Secretary of Defense to be necessary for 
        national security or contingency operation (as that term is 
        defined in section 101 of title 10), the program participant 
        shall make available commercial transportation resources 
        (including services) described in subsection (d) to the 
        Secretary of Defense;
            ``(2) shall include such additional terms as may be 
        established by the Secretary and the Secretary of Defense; and
            ``(3) 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 Defense.
    ``(c) Participation After Expiration of Operating Agreement.--
Except as provided by section 53405 of this title, the Secretary may 
not require, through an Emergency Preparedness Agreement or an 
operating agreement, 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 effect. After the expiration of an emergency 
preparedness agreement, a program participant may voluntarily continue 
to participate in the agreement.
    ``(d) Resources Made Available.--The commercial transportation 
resources to be made available under an Emergency Preparedness 
Agreement shall include vessels or capacity in vessels, terminal 
facilities, management services, and other related services, or any 
agreed portion of such nonvessel resources for activation as the 
Secretary of Defense may determine to be necessary, seeking to minimize 
disruption of the program participant's service to commercial 
customers.
    ``(e) Compensation.--
            ``(1) 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 section.
            ``(2) Specific requirements.--Compensation under this 
        subsection--
                    ``(A) shall not be less than the program 
                participant's commercial market charges for like 
                transportation resources;
                    ``(B) shall be fair and reasonable considering all 
                circumstances;
                    ``(C) 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 
                service; and
                    ``(D) shall be in addition to and shall not in any 
                way reflect amounts payable under section 53406 of this 
                title.
    ``(f) Temporary Replacement Vessels.--Notwithstanding section 
55302(a), 55304, 55305, or 55314 of this title, section 2631 of title 
10, or any other cargo preference law of the United States--
            ``(1) 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 program; and
            ``(2) such replacement vessel or vessel capacity shall be 
        eligible during the replacement period to transport preference 
        cargoes subject to sections 55302(a), 55304, 55305, and 55314 
        of this title and section 2631 of title 10, United States Code, 
        to the same extent as the eligibility of the vessel or vessel 
        capacity replaced.
    ``(g) Redelivery and Liability of the United States for Damages.--
            ``(1) In general.--All commercial transportation resources 
        activated under an Emergency Preparedness Agreement shall, upon 
        termination of the period of activation, be redelivered to the 
        program participant in the same good order and condition as 
        when received, less ordinary wear and tear, or the Secretary of 
        Defense shall fully compensate the program participant for any 
        necessary repair or replacement.
            ``(2) Limitation on united states liability.--Except as may 
        be expressly agreed in an Emergency Preparedness Agreement, or 
        as otherwise provided by law, 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 
        Agreement.
``Sec. 53408. Regulatory relief
    ``(a) 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 
restriction.
    ``(b) Other Restrictions.--The restrictions of section 55305(a) of 
this title concerning the building, rebuilding, 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 chapter.
    ``(c) 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 requirements, if--
            ``(1) 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 States;
            ``(2) that country has not been identified by the Secretary 
        as inadequately enforcing international regulations as to that 
        vessel; and
            ``(3) at the end of its useful life, such equipment shall 
        be replaced with equipment that meets Federal Communications 
        Commission equipment certification standards.
``Sec. 53409. Special rule regarding age of participating fleet vessels
    ``Any age restriction under section 53402(b)(4) of this title shall 
not apply to a participating Fleet vessel during the 30-month period 
beginning on the date the vessel begins operating under an operating 
agreement under this chapter, 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 that, upon commencement of such 
operation, will be eligible to be included in the Fleet under section 
53402(b) of this title.
``Sec. 53410. Regulations
    ``The Secretary and the Secretary of Defense may each prescribe 
rules as necessary to carry out their respective responsibilities under 
this chapter.
``Sec. 53411. Authorization of appropriations
    ``There is authorized to be appropriated for payments under section 
53406, $60,000,000 for each of fiscal years 2021 through 2035, to 
remain available until expended.
``Sec. 53412. Acquisition of fleet vessels
    ``(a) In General.--Upon replacement of a Fleet vessel under an 
operating agreement under this chapter, and subject to agreement by the 
program participant for the vessel, the Secretary is authorized, 
subject to the concurrence of the Secretary of Defense, to acquire the 
vessel being replaced for inclusion in the National Defense Reserve 
Fleet.
    ``(b) Requirements.--To be eligible for acquisition by the 
Secretary under this section a vessel shall--
            ``(1) have been covered by an operating agreement under 
        this chapter for not less than 3 years; and
            ``(2) meet recapitalization requirements for the Ready 
        Reserve Force.
    ``(c) Fair Market Value.--A fair market value shall be established 
by the Maritime Administration for acquisition of an eligible vessel 
under this section.
    ``(d) Appropriations.--Vessel acquisitions under this section shall 
be subject to the availability of appropriations. Amounts made 
available to carry out this section shall be derived from amounts 
authorized to be appropriated for the National Defense Reserve Fleet. 
Amounts authorized to be appropriated to carry out the Maritime 
Security Program may not be used to carry out this section.''.
    (b) Clerical Amendment.--The table of chapters for subtitle V of 
title 46, United States Code, is amended by inserting after chapter 533 
the following:

``534.  Tanker Security Fleet...............................   53401''.
    (c) Deadline for Accepting Applications.--
            (1) In general.--The Secretary of Transportation shall 
        begin accepting applications for enrollment of vessels in the 
        Tanker Security Fleet established under chapter 534 of title 
        46, United States Code, as added by subsection (a), by not 
        later than 60 days after the date of the enactment of this 
        title.
            (2) Approval.--Not later than 90 days after receipt of an 
        application for the enrollment of a vessel in the Tanker 
        Security Fleet, the Secretary of Transportation, in 
        coordination with the Secretary of Defense shall--
                    (A) approve the application and enter into an 
                operating agreement with the applicant; or
                    (B) provide to the applicant a written explanation 
                for the denial of the application.
            (3) Vessels operating under maritime security act.--
        Notwithstanding the requirements of section 53402(b) of title 
        46, United States Code, the Secretary of Transportation shall 
        approve an application submitted under chapter 534 of title 46, 
        United State Code, for a product tank vessel for which there 
        is, on the date of enactment of this title, an effective 
        operating agreement under chapter 531 of title 46, United 
        States Code.

SEC. 105. PORT AND INTERMODAL IMPROVEMENT PROGRAM.

    Section 50302(c) of title 46, United States Code, is amended--
            (1) in paragraph (3)(A)(ii)--
                    (A) in subclause (II), by striking ``or'' after the 
                semicolon; and
                    (B) by adding at the end the following:
                                    ``(IV) berth improvements 
                                (including docks, wharves, piers, and 
                                dredging incidental to the improvement 
                                project); or'';
            (2) in paragraph (5)(B), by striking ``60'' and inserting 
        ``90'';
            (3) in paragraph (7)--
                    (A) in subparagraph (B)--
                            (i) in the heading, by striking 
                        ``projects'' and inserting ``port''; and
                            (ii) by striking ``that request'' and all 
                        that follows through the period at the end and 
                        inserting ``in small ports. The requirement 
                        under paragraph (6)(A)(ii) shall not apply to 
                        grants made under this subparagraph.'';
                    (B) by redesignating subparagraph (C) as 
                subparagraph (D);
                    (C) by inserting after subparagraph (B) the 
                following:
                    ``(C) Excess funding.--In any fiscal year in which 
                qualified applications for grants under this subsection 
                will not allow for the amount reserved under 
                subparagraph (B) to be fully utilized, the Secretary 
                shall use the unutilized amounts to make other grants 
                under this section.''; and
                    (D) by adding at the end the following:
                    ``(E) Limitation.--Notwithstanding any other 
                provision of law, 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 section.'';
            (4) in paragraph (8)(B), by adding at the end the 
        following:
                            ``(iii) Small port.--The Secretary may 
                        increase the Federal share of costs above 80 
                        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 port.''; and
            (5) in paragraph (12)--
                    (A) in subparagraph (D), by inserting ``, as 
                defined by the United States Census Bureau'' after 
                ``urbanized area''; and
                    (B) by adding at the end the following:
                    ``(E) Small port.--The term `small port' means a 
                port that handled less than 10,000,000 short tons in 
                2018, as identified by the U.S. Army Corps of 
                Engineers.''.

SEC. 106. SEA YEAR CADETS ON CABLE SECURITY FLEET AND TANKER SECURITY 
              FLEET VESSELS.

    Section 51307 of title 46, United States Code, is amended by 
striking subsection (b) and inserting the following:
    ``(b) 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 531 of 
this title, the Cable Security Fleet under chapter 532 of this title, 
or the Tanker Security Fleet under chapter 534 of this title to carry 
on each Maritime Security Program vessel, Cable Security Fleet vessel, 
or Tanker Security Fleet vessel 2 United States Merchant Marine Academy 
cadets, if available, on each voyage.''.

SEC. 107. CONDITIONAL BACHELOR OF SCIENCE DEGREE FROM UNITED STATES 
              MERCHANT MARINE ACADEMY.

    (a) In General.--Notwithstanding section 51309(a)(1)(B) of title 
46, United States Code, for the graduating class of 2020 from the 
United States Merchant Marine Academy, 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 prevent, prepare for, 
and respond to Coronavirus Disease 2019 (COVID-19).
    (b) Time To Pass.--The Secretary of Transportation may provide an 
individual granted a conditional degree under subsection (a) not more 
than 1 year after the date of receipt of such degree--
            (1) to pass the examination for a merchant marine officer's 
        license; and
            (2) to earn such license from the United States Coast 
        Guard.
    (c) Revocation of Degree.--The Superintendent of the United States 
Merchant Marine Academy shall revoke a conditional degree conferred 
under subsection (a) 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 (b).
    (d) Notations.--
            (1) In general.--The Registrar of the United States 
        Merchant Marine Academy shall--
                    (A) note on the transcript of each individual 
                granted a conditional degree under subsection (a) that 
                the degree conferred is conditional; and
                    (B) remove such notation upon receipt of proof of 
                licensure as required under subsection (b).
            (2) Revocation notation.--In the event an individual 
        granted a conditional degree under subsection (a) 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 (b), 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 graduates.
    (e) Rule of Construction.--Nothing in this section shall be 
construed to allow the provision of a license under section 7101 of 
title 46, United States Code, to an individual who has not passed the 
required examination.

SEC. 108. GRADUATION REQUIREMENTS FOR STATE MARITIME ACADEMIES.

    (a) In General.--
            (1) In general.--On such terms and conditions as set forth 
        in this subsection and other conditions as the Secretary of 
        Transportation may determine, a State maritime academy may be 
        authorized to confer degrees upon individuals scheduled to 
        graduate from a State maritime academy in calendar year 2020 
        without regard to the provisions of section 51506(a)(3) of 
        title 46, United States Code. With respect to an individual who 
        has received student incentive payments under section 51509 of 
        title 46, United States Code, and fails to comply with such 
        terms and conditions, the Secretary of Transportation is 
        authorized to exercise all the authorities set forth in 
        paragraphs (4) and (5), as well as any other remedies provided 
        by law.
            (2) Date to pass examination.--Pursuant to this subsection, 
        and section 51506(a)(3) of title 46, United States Code, a 
        State maritime academy shall require an individual scheduled to 
        graduate from such academy in calendar year 2020 to pass the 
        examination required for the issuance of a license under 
        section 7101 of title 46, United States Code, not later than 
        December 31, 2021, 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 revocation.
            (3) Authorizations for secretary.--The Secretary of 
        Transportation may--
                    (A) require a State maritime academy, as a 
                condition of receiving an annual payment under section 
                51506(a) of title 46, United States Code, to report to 
                the Secretary, in a manner determined by the Secretary, 
                on the compliance with paragraph (2);
                    (B) withhold payments under section 51506(a) of 
                title 46, United States Code, 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 
                (2) 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 2020; and
                    (C) reduce the amount of direct payments withheld 
                under subparagraph (B) below the maximum amount 
                authorized.
            (4) Student incentive payments.--For an individual 
        graduating from a State maritime academy in calendar year 2020 
        who has received student incentive payments as provided for in 
        section 51509 of title 46, United States Code, the Secretary of 
        Transportation may--
                    (A) defer until not later than December 31, 2021, 
                the requirements under sections 51509(d)(2) of title 
                46, United States Code, and relevant regulations;
                    (B) defer until not later than December 31, 2021, 
                and modify as necessary as determined by the Secretary, 
                the requirements under paragraphs (3) through (5) of 
                section 51509(d) of title 46, United States Code, and 
                relevant regulations; and
                    (C) conditionally waive requirements under 
                paragraphs (2) through (5) of section 51509(d) of title 
                46, United States Code, and relevant regulations, for 
                an individual who--
                            (i) 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 Service, pursuant to section 51509(h) of 
                        title 46; and
                            (ii) serves for the 5-year period following 
                        commissioning as an officer on active duty as 
                        provided for in clause (i).
            (5) Requirements of students.--An individual graduating 
        from a State maritime academy under the authority of this 
        subsection, who has received student incentive payments as 
        provided for in section 51509 of title 46, United States Code, 
        shall--
                    (A) fulfill the requirements under section 
                51509(d)(2) of title 46, United States Code, and 
                relevant regulations, by not later than December 31, 
                2021; or
                    (B) for the 5-year period following graduation from 
                a State maritime academy, as provided under paragraph 
                (4)(C), 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 
                Service, pursuant to section 51509(h) of title 46, 
                United States Code.
            (6) Remedies.--If an individual graduating from a State 
        maritime academy fails to comply with applicable requirements 
        established by the Secretary of Transportation under this 
        subsection, the Secretary may exercise the remedies under 
        subsections (e) and (f) of 51509 of title 46, United States 
        Code.
    (b) Extension.--The Secretary of Transportation may apply the 
provisions of subsection (a) to subsequent graduating classes at the 
State maritime academies, and extend compliance dates applicable to 
such graduates, if the Secretary determines it is necessary to respond 
to the national emergency declared by the President under the National 
Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the 
Coronavirus Disease 2019 (COVID-19).

SEC. 109. SUPERINTENDENT OF THE UNITED STATES MERCHANT MARINE ACADEMY.

    Section 51301(c) of title 46, United States Code, is amended--
            (1) by redesignating paragraphs (1) through (3) as 
        paragraphs (2) through (4), respectively;
            (2) by inserting before paragraph (2), as so redesignated, 
        the following:
            ``(1) Sense of congress.--It is the sense of Congress that, 
        due to the unique mission of the United States Merchant Marine 
        Academy, 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 license.''; and
            (3) in paragraph (3), as so redesignated--
                    (A) in subparagraph (A)(i), by inserting after 
                ``attained'' the following: ``the rank of Captain, 
                Chief Mate, or Chief Engineer in the merchant marine of 
                the United States, or''; and
                    (B) in subparagraphs (B)(i)(I) and (C)(i), by 
                inserting ``merchant marine,'' before ``Navy,''.

SEC. 110. MARITIME ACADEMY INFORMATION.

    Not later than 1 year after the date of enactment of this title, 
the Maritime Administrator shall make available on a public website 
data, as available, on the following:
            (1) The number of graduates from the United States Merchant 
        Marine Academy and each State Maritime Academy for the previous 
        5 years.
            (2) The number of graduates from the United States Merchant 
        Marine Academy and each State Maritime Academy for the previous 
        5 years who have become employed in, or whose status qualifies 
        under, each of the following categories:
                    (A) Maritime Afloat.
                    (B) Maritime Ashore.
                    (C) Armed Forces of the United States.
                    (D) Non-maritime.
                    (E) Graduate studies.
                    (F) Unknown.
            (3) The number of students at each State Maritime Academy 
        class receiving or who have received for the previous 5 years 
        funds under the student incentive payment program under section 
        51509 of title 46, United States Code.
            (4) The number of students described under paragraph (3) 
        who used partial student incentive payments who graduated 
        without an obligation under the program.
            (5) The number of students described under paragraph (3) 
        who graduated with an obligation under the program.

SEC. 111. CENTERS OF EXCELLENCE FOR DOMESTIC MARITIME WORKFORCE 
              TRAINING AND EDUCATION.

    Section 54102 of title 46, United States Code, is amended--
            (1) in subsection (a), by striking ``of Transportation'';
            (2) in subsection (b), in the subsection heading, by 
        striking ``Assistance'' and inserting ``Cooperative 
        Agreements'';
            (3) by redesignating subsection (c) as subsection (d);
            (4) in subsection (d), as redesignated by paragraph (2), by 
        adding at the end the following:
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.''; and
            (5) by inserting after subsection (b) the following:
    ``(c) Grant Program.--
            ``(1) Definition of eligible institution.--In this 
        subsection, the term `eligible institution' means an 
        institution of higher education (as defined in section 102 of 
        the Higher Education Act of 1965 (20 U.S.C. 1002)) that offers 
        a 2-year program of study, a 1-year program of training, or is 
        a postsecondary vocational institution.
            ``(2) Grant authorization.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the Maritime Administration 
                Authorization and Improvement Act, the Secretary may 
                award maritime career training grants to eligible 
                institutions for the purpose of developing, offering, 
                or improving educational or career training programs 
                for American workers related to the maritime workforce.
                    ``(B) Guidelines.--Not later than 1 year after the 
                date of enactment of the Maritime Administration 
                Authorization and Improvement Act, the Secretary 
                shall--
                            ``(i) promulgate guidelines for the 
                        submission of grant proposals under this 
                        subsection; and
                            ``(ii) publish and maintain such guidelines 
                        on the website of the Department of 
                        Transportation.
            ``(3) Limitations.--The Secretary may not award a grant 
        under this subsection in an amount that is more than 
        $20,000,000.
            ``(4) Required information.--
                    ``(A) 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--
                            ``(i) the specific project for which the 
                        grant proposal is submitted, including the 
                        manner in which the grant will be used to 
                        develop, offer, or improve an educational or 
                        career training program that is suited to 
                        maritime industry workers;
                            ``(ii) 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 institution;
                            ``(iii) the extent to which the project for 
                        which the grant proposal is submitted fits 
                        within any overall strategic plan developed by 
                        an eligible community; and
                            ``(iv) any previous experience of the 
                        eligible institution in providing maritime 
                        educational or career training programs.
                    ``(B) Community outreach required.--In order to be 
                considered by the Secretary, a grant proposal submitted 
                by an eligible institution under this subsection 
                shall--
                            ``(i) demonstrate that the eligible 
                        institution--
                                    ``(I) reached out to employers to 
                                identify--
                                            ``(aa) any shortcomings in 
                                        existing maritime educational 
                                        and career training 
                                        opportunities available to 
                                        workers in the community; and
                                            ``(bb) any future 
                                        employment opportunities within 
                                        the community and the 
                                        educational and career training 
                                        skills required for workers to 
                                        meet the future maritime 
                                        employment demand; and
                                    ``(II) 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 training; and
                            ``(ii) include a detailed description of--
                                    ``(I) the extent and outcome of the 
                                outreach conducted under clause (i);
                                    ``(II) the extent to which the 
                                project for which the grant proposal is 
                                submitted will contribute to meeting 
                                any shortcomings identified under 
                                clause (i)(I)(aa) or any maritime 
                                educational or career training needs 
                                identified under clause (i)(I)(bb); and
                                    ``(III) the extent to which 
                                employers, including small- and medium-
                                sized firms within the community, have 
                                demonstrated a commitment to employing 
                                workers who would benefit from the 
                                project for which the grant proposal is 
                                submitted.
            ``(5) Criteria for award of grants.--
                    ``(A) In general.--Subject to the appropriation of 
                funds, the Secretary shall award a grant under this 
                subsection based on--
                            ``(i) a determination of the merits of the 
                        grant proposal submitted by the eligible 
                        institution to develop, offer, or improve 
                        maritime educational or career training 
                        programs to be made available to workers;
                            ``(ii) 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 develop, offer, or improve;
                            ``(iii) an evaluation of prior demand for 
                        training programs by workers in the community 
                        served by the eligible institution, as well as 
                        the availability and capacity of existing 
                        maritime training programs to meet future 
                        demand for training programs; and
                            ``(iv) any prior designation of an 
                        institution as a Center of Excellence for 
                        Domestic Maritime Workforce Training and 
                        Education.
                    ``(B) Matching requirements.--A grant awarded under 
                this subsection may not be used to satisfy any private 
                matching requirement under any other provision of law.
            ``(6) Public report.--Not later than December 15 in each of 
        the calendar years 2021 through 2023, the Secretary shall make 
        available on a publically available website a report and 
        provide a briefing to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives--
                    ``(A) describing each grant awarded under this 
                subsection during the preceding fiscal year; and
                    ``(B) assessing the impact of each award of a grant 
                under this subsection in a fiscal year preceding the 
                fiscal year referred to in subparagraph (A) on workers 
                receiving training.''.

SEC. 112. CRITERIA TO BE ELIGIBLE TO TRAIN STUDENTS FROM STATE MARITIME 
              ACADEMIES.

    Section 3514(a)(1)(A) of the National Defense Authorization Act for 
Fiscal Year 2017 (46 U.S.C. 51318 note) is amended by inserting ``, or 
to provide training for students from the State maritime academies,'' 
before ``that addresses''.

SEC. 113. IMPROVEMENT OF THE NATIONAL OCEANOGRAPHIC PARTNERSHIP 
              PROGRAM.

    Sections 8931, 8932, and 8933 of title 10, United States Code, are 
amended to read as follows:
``Sec. 8931. National Oceanographic Partnership Program
    ``(a) Establishment.--The Secretary of the Navy shall establish a 
program to be known as the `National Oceanographic Partnership 
Program'.
    ``(b) Purposes.--The purposes of the program are as follows:
            ``(1) To promote the national goals of assuring national 
        security, advancing economic development, protecting quality of 
        life, and strengthening science education and communication 
        through improved knowledge of the ocean.
            ``(2) To coordinate and strengthen oceanographic efforts in 
        support of those goals by--
                    ``(A) creating and carrying out partnerships among 
                Federal agencies, academia, industry, and other members 
                of the oceanographic community in the areas of science, 
                data, resources, education, and communication; and
                    ``(B) accepting, planning, and executing 
                oceanographic research projects funded by grants, 
                contracts, cooperative agreements, or other vehicles as 
                appropriate, that contribute to assuring national 
                security, advancing economic development, protecting 
                quality of life, and strengthening science education 
                and communication through improved knowledge of the 
                ocean.
``Sec. 8932. Ocean Policy Committee
    ``(a) Committee.--There is established an Ocean Policy Committee 
(hereinafter in this chapter referred to as the `Committee').
    ``(b) 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 Act. In discharging its responsibilities 
and to assist in the execution of the activities delineated in this 
subsection, the Committee may delegate to a subcommittee, as 
appropriate. The Committee shall:
            ``(1) Prescribe policies and procedures to implement the 
        National Oceanographic Partnership Program.
            ``(2) Engage and collaborate, pursuant to existing laws and 
        regulations, with stakeholders, including regional ocean 
        partnerships, to address ocean-related matters that may require 
        interagency or intergovernmental solutions.
            ``(3) Facilitate coordination and integration of Federal 
        activities in ocean and coastal waters to inform ocean policy 
        and identify priority ocean research, technology, and data 
        needs.
            ``(4) Review, select, and identify partnership projects for 
        implementation under the program, based on the following 
        criteria:
                    ``(A) Whether the project addresses important 
                research objectives or operational goals.
                    ``(B) Whether the project has, or is designed to 
                have, appropriate participation within the 
                oceanographic community of public, academic, 
                commercial, private participation or support.
                    ``(C) Whether the partners have a long-term 
                commitment to the objectives of the project.
                    ``(D) Whether the resources supporting the project 
                are shared among the partners.
                    ``(E) Whether the project has been subjected to 
                adequate review.
    ``(c) Annual Report and Briefing.--Not later than March 1 of each 
year, the Committee shall post a report on a publicly available website 
and brief the Committee on Commerce, Science, and Transportation of the 
Senate; the Committee on Armed Services of the Senate, the Committee on 
Natural Resources of the House of Representatives, the Committee on 
Science, Space, and Technology of the House of Representatives, and the 
Committee on Armed Services of the House of Representatives on the 
National Oceanographic Partnership Program. The report and brief shall 
discuss the following:
            ``(1) A description of activities of the program carried 
        out during the prior fiscal year.
            ``(2) A general outline of the activities planned for the 
        program during the current fiscal year.
            ``(3) A summary of projects, including Federal and non-
        Federal partnerships and collaborations, continued from the 
        prior fiscal year and projects expected to begin during the 
        current and subsequent fiscal years.
            ``(4) The amounts requested in the budget submitted to 
        Congress pursuant to section 1105(a) of title 31 for the 
        subsequent fiscal year, for the programs, projects, activities 
        and the estimated expenditures under such programs, projects, 
        and activities, to execute the National Oceanographic 
        Partnership Program.
            ``(5) Activities undertaken with moneys deposited in the 
        fund described in subsection (d).
    ``(d) 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 Administration.
            ``(1) 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 
        section.
            ``(2) Crediting of amounts to fund.--There is authorized to 
        be credited to the Fund the following:
                    ``(A) 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 Program.
                    ``(B) Funds provided by a State, local government, 
                tribal government, territory, or possession, or any 
                subdivisions thereof.
                    ``(C) Funds contributed by a nonprofit 
                organization, individual, or Congressionally-
                established foundation by private grant, contract, or 
                donation.
            ``(3) Contract and grant authority.--For the purpose of 
        carrying out this section, as directed by the Committee, 
        departments or agencies represented on the Committee may enter 
        into contracts, make grants, including transactions authorized 
        by paragraph (4), and may transfer funds available to the 
        National Oceanographic Partnership Program under paragraph (2) 
        to participating departments and agencies for such purposes.
            ``(4) Cooperation with other agencies, states, territories, 
        and political subdivisions.--The Committee or any participating 
        Federal agency or entity may enter into an agreement to use, 
        with or without reimbursement, the land, services, equipment, 
        personnel, and facilities of any department, agency, or 
        instrumentality of the United States, or of any State, local 
        government, Indian tribal government, Territory, District of 
        Columbia, or possession, or of any political subdivision 
        thereof, or of any foreign government or international 
        organization or individual, for the purpose of carrying out 
        this section.
    ``(e) Establishment and Forms of Partnership Projects.--
            ``(1) A partnership project under the National 
        Oceanographic Partnership Program may be established by any 
        instrument that the Committee considers appropriate.
            ``(2) Projects under the program may include demonstration 
        projects.
    ``(f) Partnership Program Office.--
            ``(1) 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 Program. Competitive procedures will 
        be used to select an operator for the partnership program 
        office.
            ``(2) The Committee will monitor the performance of the 
        duties of the partnership program office, which shall consist 
        of the following:
                    ``(A) To support working groups established by the 
                Committee or subcommittee and report working group 
                activities to the Committee, including working group 
                proposals for partnership projects.
                    ``(B) To support the process for proposing 
                partnership projects to the Committee, including, where 
                appropriate, managing review of such projects.
                    ``(C) To complete and make publicly available the 
                annual report described in subsection (c) on the status 
                of all partnership projects and activities of the 
                office.
                    ``(D) To perform any additional duties for the 
                administration of the National Oceanographic 
                Partnership Program that the Committee considers 
                appropriate.
``Sec. 8933. Ocean Research Advisory Panel
    ``(a) Establishment.--The Committee shall establish an Ocean 
Research Advisory Panel consisting of not less than ten and not more 
than 18 members appointed by the Co-chairs, including the following:
            ``(1) One member who will represent the National Academy of 
        Sciences.
            ``(2) One member who will represent the National Academy of 
        Engineering.
            ``(3) One member who will represent the Institute of 
        Medicine.
            ``(4) Members selected from among individuals who will 
        represent the views of ocean industries, State or local 
        governments, academia, and such other views as the Co-chairs 
        consider appropriate.
            ``(5) Members selected from among individuals eminent in 
        the fields of marine science or marine policy, or related 
        fields.
    ``(b) Responsibilities.--The Committee shall assign the following 
responsibilities to the Advisory Panel:
            ``(1) To advise the Committee on policies and procedures to 
        implement the National Oceanographic Partnership Program.
            ``(2) To advise the Committee on matters relating to 
        national oceanographic science, engineering, facilities, or 
        resource requirements.
            ``(3) Any additional responsibilities that the Committee 
        considers appropriate.
    ``(c) 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 require.
    ``(d) Authorization of Appropriations.--In order to carry out the 
establishment and support of the Ocean Research Advisory Panel, the 
National Oceanic and Atmospheric Administration for the first year will 
receive $250,000. Thereafter in following years, the National Oceanic 
and Atmospheric Administration shall receive $200,000 to carry out the 
functions and responsibilities related to the administration and 
support of the Ocean Research Advisory Panel.''.

SEC. 114. GAO REVIEW OF DEPARTMENT-WIDE EFFORTS TO MANAGE 
              CYBERSECURITY.

    (a) Cybersecurity Risk Management.--Not later than 3 years after 
the date of enactment of this title, 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 ``Cybersecurity: Agencies Need to Fully Establish Risk 
Management Programs and Address Challenges'', numbered GAO-19-384, and 
dated July 2019, by--
            (1) developing a cybersecurity risk management strategy for 
        the systems and information of the Department of 
        Transportation;
            (2) updating policies to address an organization-wide risk 
        assessment; and
            (3) updating the processes for coordination between 
        cybersecurity risk management functions and enterprise risk 
        management functions.
    (b) Work Roles.--Not later than 3 years after the date of enactment 
of this title, the Secretary of Transportation shall implement the 
recommendation of the Comptroller General of the United States in the 
report entitled ``Cybersecurity Workforce: Agencies Need to Accurately 
Categorize Positions to Effectively Identify Critical Staffing Needs'', 
numbered GAO-19-144, and dated March 2019, by reviewing positions in 
the Department of Transportation and assigning appropriate work roles 
in accordance with the National Initiative for Cybersecurity Education 
Cybersecurity Workforce Framework.
    (c) GAO Review.--
            (1) Report.--Not later than 18 months after the date of 
        enactment of this title, the Comptroller General of the United 
        States shall submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report that examines the approach of the 
        Department of Transportation to managing cybersecurity for the 
        systems and information of the Department of Transportation.
            (2) Contents.--The report under paragraph (1) shall include 
        an evaluation of--
                    (A) the roles, responsibilities, and reporting 
                relationships of the senior officials of the Department 
                of Transportation with respect to cybersecurity at the 
                components of the Department of Transportation;
                    (B) the extent to which officials of the Department 
                of Transportation--
                            (i) establish requirements for, share 
                        information with, provide resources to, and 
                        monitor the performance of managers with 
                        respect to cybersecurity within the components 
                        of the Department of Transportation; and
                            (ii) hold managers accountable for 
                        cybersecurity within the components of the 
                        Department of Transportation; and
                    (C) other aspects of cybersecurity, as the 
                Comptroller General of the United States determines to 
                be appropriate.

SEC. 115. GAO REVIEW OF EFFORTS TO SUPPORT AND GROW THE VESSELS OF THE 
              UNITED STATES.

    Not later than 18 months after the date of enactment of this title, 
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 industry, and the vessels 
of the United States, as defined in section 116 of title 46, United 
States Code, including the overall efficacy of United States Government 
financial support and policies, including the Capital Construction 
Fund, Construction Reserve Fund, and other eligible loan, grant, or 
other programs.

SEC. 116. GAO REVIEW OF FEDERAL EFFORTS TO ENHANCE PORT INFRASTRUCTURE 
              RESILIENCY AND DISASTER PREPAREDNESS.

    Not later than 18 months after the date of enactment of this title, 
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 disasters. The 
report shall include consideration of the following:
            (1) 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 disaster, including how 
        to communicate such information during a disaster when 
        communications systems may be compromised, and the level of 
        Federal involvement in such efforts.
            (2) The extent to which the Department of Transportation 
        and other Federal agencies are working in line with recent 
        recommendations from key resiliency reports, 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 happen.
            (3) The extent to which the Department of Transportation or 
        other Federal agencies have provided funds to ports for 
        resiliency-related projects.
            (4) The extent to which Federal agencies have a coordinated 
        approach to helping ports and the multiple State, local, and 
        private stakeholders involved improve resiliency prior to 
        weather related disasters.

SEC. 117. STUDY ON FOREIGN INVESTMENT IN SHIPPING.

    (a) Assessment.--The Under Secretary of Commerce for International 
Trade (referred to in this section as the ``Under Secretary'') shall 
conduct an assessment of foreign subsidies to international shipping.
    (b) Report.--Not later than 1 year after the date of enactment of 
this title, the Under Secretary shall submit to Congress a report on 
the assessment conducted under subsection (a), including--
            (1) the amount, in United States dollars, of foreign 
        subsidies to--
                    (A) the shipping industry of each country as a 
                whole;
                    (B) the shipping industry as a percent of GDP of 
                each country; and
                    (C) each ship on average, by ship type for cargo, 
                tanker, and bulk;
            (2) a description of the type of foreign subsidy, such as 
        tax relief, direct payment, or other, as determined by the 
        Under Secretary; and
            (3) a description of how the foreign subsidies may be 
        affecting the United States International competitiveness and 
        national security.

SEC. 118. NATIONAL ACADEMIES STANDING COMMITTEE ON AMERICA'S SUPPLY 
              CHAIN SECURITY DURING DISASTERS.

    (a) In General.--
            (1) Establishment of standing committee.--Not later than 30 
        days after the date of enactment of this title, the Secretary 
        of Transportation shall enter into an agreement with the 
        National Academies of Sciences, Engineering, and Medicine 
        (referred to in this section as the ``National Academies'') to 
        establish a standing committee of experts (referred to this 
        section as the ``standing committee'') to explore and advise on 
        supply chain transportation system vulnerabilities and 
        disruptions, and how to minimize them in the event of 
        emergencies and disasters.
            (2) Membership.--The National Academies shall appoint 
        members to the standing committee from individuals with 
        relevant backgrounds in the private sector, research, academia, 
        and Federal, State, and local government agencies.
    (b) Purposes.--The standing committee established under this 
section to explore and advise on supply chain transportation 
vulnerabilities shall, upon determination by the National Academies, 
consider the following:
            (1) Factors that may disrupt the movement of critical goods 
        during the COVID-19 pandemic or other emergencies or disasters, 
        which may include--
                    (A) lack of an adequate and healthy transportation 
                labor force to ensure the continuity of function of 
                critical supply chain components;
                    (B) vulnerabilities in the ways that the Nation's 
                multi-modal transportation supply chain nodes and their 
                connections could be vulnerable to disruption;
                    (C) the accuracy and availability of information on 
                supply and demand of critical goods globally, 
                nationally, regionally, or locally; and
                    (D) potential compounding impacts on the supply 
                chain of multiple disaster events, such as pandemics, 
                floods, earthquakes, tornadoes, and hurricanes.
            (2) Options for ensuring the timely conveyance and 
        distribution of essential supplies and commodities for disaster 
        response, relief and recovery operations, especially those for 
        which a shortage would pose a significant threat to public 
        health, economic security, or national security, as 
        appropriate, which may include strategies to--
                    (A) enhance supply chain contingency planning, 
                including during multiple disaster events;
                    (B) identify supply chain information deficiencies; 
                and
                    (C) improve modeling frameworks, including 
                communication between modelers and users, that 
                integrate complex data streams and help extract 
                practical decision-support information for emergency 
                managers.
            (3) Policy options to prevent supply chain bottlenecks or 
        failures and ensure continuation of service.
            (4) Other emergent issues as determined by the National 
        Academies.
    (c) Congressional and Agency Requests.--The National Academies may 
consider requests for analysis or advice from the Secretary of 
Transportation, other Federal agencies, or the relevant Congressional 
transportation committees in the form of correspondence directed to the 
National Academies or legislative direction from the Secretary of 
Transportation, including ad hoc requests for informal and formal 
responses within a specified timeframe to address ongoing events.
    (d) Input.--The standing committee shall, as appropriate--
            (1) consider input from the Department of Transportation, 
        the Department of Homeland Security, the Department of Defense, 
        the Department of Commerce, the Department of State, the 
        Department of Health and Human Services, the Department of 
        Veterans Affairs, the Department of Justice, and any other 
        Federal agency, as appropriate; and
            (2) consult with relevant stakeholders, which may include 
        supply chain experts, emergency management specialists, 
        epidemiologists, disaster relief specialists, transportation 
        system operators, product manufacturers, wholesalers and group 
        purchasing organizations, professional societies, State-based 
        societies, and other entities with experience in supply chain 
        networks, transportation systems, and emergency and disaster 
        management, as appropriate.
    (e) Definitions.--In this section:
            (1) Connections.--The term ``connections'' means the 
        freight transportation connections between nodes.
            (2) Critical.--The term ``critical'' means of such 
        importance that a disruption of the component will degrade 
        functionality of the supply chain.
            (3) Nodes.--The term ``nodes'' means locations within a 
        supply chain, such as an origin, a factory, warehouse, port, 
        intermodal transfer point, distribution center, or destination.
            (4) Relevant congressional transportation committees.--The 
        term ``relevant Congressional transportation committees'' 
        means--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Transportation and 
                Infrastructure of the House of Representatives.
            (5) Vulnerable.--The term ``vulnerable'' means susceptible 
        to the supply chain being negatively impacted.

TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED 
                             OFFICER CORPS

SEC. 201. REFERENCES TO NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
              COMMISSIONED OFFICER CORPS ACT OF 2002.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the National Oceanic and 
Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 
U.S.C. 3001 et seq.).

                     Subtitle A--General Provisions

SEC. 211. STRENGTH AND DISTRIBUTION IN GRADE.

    Section 214 (33 U.S.C. 3004) is amended to read as follows:

``SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.

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

SEC. 212. RECALLED OFFICERS.

    (a) In General.--Section 215 (33 U.S.C. 3005) is amended to read as 
follows:

``SEC. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFICERS.

    ``(a) In General.--The total number of authorized commissioned 
officers on the lineal list of the commissioned officer corps of the 
Administration shall not exceed 500.
    ``(b) Positions of Importance and Responsibility.--Officers serving 
in positions designated under section 228 and officers recalled from 
retired status or detailed to an agency other than the Administration--
            ``(1) may not be counted in determining the total number of 
        authorized officers on the lineal list under this section; and
            ``(2) may not count against such number.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372) 
is amended by striking the item relating to section 215 and inserting 
the following:

``Sec. 215. Number of authorized commissioned officers.''.

SEC. 213. OBLIGATED SERVICE REQUIREMENT.

    (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.) is amended by 
adding at the end the following:

``SEC. 216. OBLIGATED SERVICE REQUIREMENT.

    ``(a) In General.--
            ``(1) Regulations.--The Secretary shall prescribe the 
        obligated service requirements for appointments, training, 
        promotions, separations, continuations, and retirements of 
        officers not otherwise covered by law.
            ``(2) Written agreements.--The Secretary and officers shall 
        enter into written agreements that describe the officers' 
        obligated service requirements prescribed under paragraph (1) 
        in return for such appointments, training, promotions, 
        separations, continuations, and retirements as the Secretary 
        considers appropriate.
    ``(b) Repayment for Failure To Satisfy Requirements.--
            ``(1) In general.--The Secretary may require an officer who 
        fails to meet the service requirements prescribed under 
        subsection (a)(1) to reimburse the Secretary in an amount that 
        bears the same ratio to the total costs of the training 
        provided to that officer by the Secretary as the unserved 
        portion of active duty bears to the total period of active duty 
        the officer agreed to serve.
            ``(2) Obligation as debt to united states.--An obligation 
        to reimburse the Secretary under paragraph (1) is, for all 
        purposes, a debt owed to the United States.
            ``(3) Discharge in bankruptcy.--A discharge in bankruptcy 
        under title 11 that is entered less than five years after the 
        termination of a written agreement entered into under 
        subsection (a)(2) does not discharge the individual signing the 
        agreement from a debt arising under such agreement.
    ``(c) Waiver or Suspension of Compliance.--The Secretary may waive 
the service obligation of an officer who--
            ``(1) becomes unqualified to serve on active duty in the 
        commissioned officer corps of the Administration because of a 
        circumstance not within the control of that officer; or
            ``(2) is--
                    ``(A) not physically qualified for appointment; and
                    ``(B) determined to be unqualified for service in 
                the commissioned officer corps of the Administration 
                because of a physical or medical condition that was not 
                the result of the officer's own misconduct or grossly 
                negligent conduct.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372) 
is amended by inserting after the item relating to section 215 the 
following:

``Sec. 216. Obligated service requirement.''.

SEC. 214. TRAINING AND PHYSICAL FITNESS.

    (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as amended by 
section 213(a), is further amended by adding at the end the following:

``SEC. 217. TRAINING AND PHYSICAL FITNESS.

    ``(a) Training.--The Secretary may take such measures as may be 
necessary to ensure that officers are prepared to carry out their 
duties in the commissioned officer corps of the Administration and 
proficient in the skills necessary to carry out such duties. Such 
measures may include the following:
            ``(1) Carrying out training programs and correspondence 
        courses, including establishing and operating a basic officer 
        training program to provide initial indoctrination and maritime 
        vocational training for officer candidates as well as refresher 
        training, mid-career training, aviation training, and such 
        other training as the Secretary considers necessary for officer 
        development and proficiency.
            ``(2) Providing officers and officer candidates with 
        educational materials.
            ``(3) Acquiring such equipment as may be necessary for 
        training and instructional purposes.
    ``(b) Physical Fitness.--The Secretary shall ensure that officers 
maintain a high physical state of readiness by establishing standards 
of physical fitness for officers that are substantially equivalent to 
those prescribed for officers in the Coast Guard.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372), 
as amended by section 213(b), is further amended by inserting after the 
item relating to section 216 the following:

``Sec. 217. Training and physical fitness.''.

SEC. 215. AVIATION ACCESSION TRAINING PROGRAMS.

    (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as amended by 
section 214(a), is further amended by adding at the end the following:

``SEC. 218. AVIATION ACCESSION TRAINING PROGRAMS.

    ``(a) Definitions.--In this section:
            ``(1) Administrator.--The term `Administrator' means the 
        Under Secretary of Commerce for Oceans and Atmosphere and the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            ``(2) Member of the program.--The term `member of the 
        program' means a student who is enrolled in the program.
            ``(3) Program.--The term `program' means an aviation 
        accession training program of the commissioned officer corps of 
        the Administration established pursuant to subsection (b).
    ``(b) Aviation Accession Training Programs.--
            ``(1) Establishment authorized.--The Administrator, under 
        regulations prescribed by the Secretary, shall establish and 
        maintain one or more aviation accession training programs for 
        the commissioned officer corps of the Administration at 
        institutions described in paragraph (2).
            ``(2) Institutions described.--An institution described in 
        this paragraph is an educational institution--
                    ``(A) that requests to enter into an agreement with 
                the Administrator providing for the establishment of 
                the program at the institution;
                    ``(B) that has, as a part of its curriculum, a 
                four-year baccalaureate program of professional flight 
                and piloting instruction that is accredited by the 
                Aviation Accreditation Board International;
                    ``(C) that is located in a geographic area that--
                            ``(i) experiences a wide variation in 
                        climate-related activity, including frequent 
                        high winds, convective activity (including 
                        tornadoes), periods of low visibility, heat, 
                        and snow and ice episodes, to provide 
                        opportunities for pilots to demonstrate skill 
                        in all weather conditions compatible with 
                        future encounters during their service in the 
                        commissioned officer corps; and
                            ``(ii) has a climate that can accommodate 
                        both primary and advanced flight training 
                        activity at least 75 percent of the year; and
                    ``(D) at which the Administrator determines that--
                            ``(i) there will be at least one student 
                        enrolled in the program; and
                            ``(ii) the provisions of this section are 
                        otherwise satisfied.
            ``(3) Limitations in connection with particular 
        institutions.--The program may not be established or maintained 
        at an institution unless--
                    ``(A) 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 professor; and
                    ``(B) the institution fulfills the terms of its 
                agreement with the Administrator.
            ``(4) Membership in connection with status as student.--At 
        institutions at which the program is established, the 
        membership of students in the program shall be elective, as 
        provided by State law or the authorities of the institution 
        concerned.
    ``(c) Membership.--
            ``(1) Eligibility.--To be eligible for membership in the 
        program, an individual must--
                    ``(A) be a student at an institution at which the 
                program is established;
                    ``(B) be a citizen of the United States;
                    ``(C) contract in writing, with the consent of a 
                parent or guardian if a minor, with the Administrator, 
                to--
                            ``(i) accept an appointment, if offered, as 
                        a commissioned officer in the commissioned 
                        officer corps of the Administration; and
                            ``(ii) serve in the commissioned officer 
                        corps for not fewer than four years;
                    ``(D) enroll in--
                            ``(i) a four-year baccalaureate program of 
                        professional flight and piloting instruction; 
                        and
                            ``(ii) other training or education, 
                        including basic officer training, which is 
                        prescribed by the Administrator as meeting the 
                        preliminary requirement for admission to the 
                        commissioned officer corps; and
                    ``(E) execute a certificate or take an oath 
                relating to morality and conduct in such form as the 
                Administrator prescribes.
            ``(2) 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 officer.
    ``(d) Financial Assistance for Qualified Members.--
            ``(1) Expenses of course of instruction.--
                    ``(A) In general.--In the case of a member of the 
                program who meets such qualifications as the 
                Administrator establishes for purposes of this 
                subsection, the Administrator may pay the expenses of 
                the member in connection with pursuit of a course of 
                professional flight and piloting instruction under the 
                program, including tuition, fees, educational materials 
                such as books, training, certifications, travel, and 
                laboratory expenses.
                    ``(B) Assistance after fourth academic year.--In 
                the case of a member of the program described in 
                subparagraph (A) 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 completion, including elective requirements 
                of the program, 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 sessions.
            ``(2) Room and board.--In the case of a member eligible to 
        receive assistance under paragraph (1), the Administrator may, 
        in lieu of payment of all or part of such assistance, pay the 
        room and board expenses of the member, and other educational 
        expenses, of the educational institution concerned.
            ``(3) 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 instruction, 
        or who completes the course but declines to accept a commission 
        in the commissioned officer corps when offered, shall be 
        subject to the repayment provisions of subsection (e).
    ``(e) Repayment of Unearned Portion of Financial Assistance When 
Conditions of Payment Not Met.--
            ``(1) In general.--A member of the program who receives or 
        benefits from assistance under subsection (d), and whose 
        receipt of or benefit from such assistance is subject to the 
        condition that the member fully satisfy the requirements of 
        subsection (c), 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 requirements, 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--
                    ``(A) contrary to a personnel policy or management 
                objective;
                    ``(B) against equity and good conscience; or
                    ``(C) contrary to the best interests of the United 
                States.
            ``(2) Regulations.--The Administrator may establish, by 
        regulations, procedures for determining the amount of the 
        repayment required under this subsection and the circumstances 
        under which an exception to repayment may be granted. 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 (c) or qualifications in subsection 
        (d) for such assistance.
            ``(3) Obligation as debt to united states.--An obligation 
        to repay the United States under this subsection is, for all 
        purposes, a debt owed to the United States.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372), 
as amended by section 214(b), is further amended by inserting after the 
item relating to section 217 the following:

``Sec. 218. Aviation accession training programs.''.

SEC. 216. RECRUITING MATERIALS.

    (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as amended by 
section 215(a), is further amended by adding at the end the following:

``SEC. 219. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS.

    ``The Secretary may use for public relations purposes of the 
Department of Commerce any advertising materials developed for use for 
recruitment and retention of personnel for the commissioned officer 
corps of the Administration. Any such use shall be under such 
conditions and subject to such restrictions as the Secretary shall 
prescribe.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372), 
as amended by section 215(b), is further amended by inserting after the 
item relating to section 218 the following:

``Sec. 219. Use of recruiting materials for public relations.''.

SEC. 217. TECHNICAL CORRECTION.

    Section 101(21)(C) of title 38, United States Code, is amended by 
inserting ``in the commissioned officer corps'' before ``of the 
National''.

                   Subtitle B--Parity and Recruitment

SEC. 221. EDUCATION LOANS.

    (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is amended by 
adding at the end the following:

``SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM.

    ``(a) Authority To Repay Education Loans.--For the purpose of 
maintaining adequate numbers of officers of the commissioned officer 
corps of the Administration on active duty who have skills required by 
the commissioned officer corps, the Secretary may repay, in the case of 
a person described in subsection (b), a loan that--
            ``(1) was used by the person to finance education; and
            ``(2) was obtained from a governmental entity, private 
        financial institution, educational institution, or other 
        authorized entity.
    ``(b) Eligible Persons.--To be eligible to obtain a loan repayment 
under this section, a person must--
            ``(1) satisfy one of the requirements specified in 
        subsection (c);
            ``(2) be fully qualified for, or hold, an appointment as a 
        commissioned officer in the commissioned officer corps of the 
        Administration; and
            ``(3) sign a written agreement to serve on active duty, or, 
        if on active duty, to remain on active duty for a period in 
        addition to any other incurred active duty obligation.
    ``(c) Academic and Professional Requirements.--One of the following 
academic requirements must be satisfied for purposes of determining the 
eligibility of an individual for a loan repayment under this section:
            ``(1) The person is fully qualified in a profession that 
        the Secretary has determined to be necessary to meet identified 
        skill shortages in the commissioned officer corps.
            ``(2) The person is enrolled as a full-time student in the 
        final year of a course of study at an accredited educational 
        institution (as determined by the Secretary of Education) 
        leading to a degree in a profession that will meet identified 
        skill shortages in the commissioned officer corps.
    ``(d) Loan Repayments.--
            ``(1) In general.--Subject to the limits established under 
        paragraph (2), a loan repayment under this section may consist 
        of the payment of the principal, interest, and related expenses 
        of a loan obtained by a person described in subsection (b).
            ``(2) Limitation on amount.--For each year of obligated 
        service that a person agrees to serve in an agreement described 
        in subsection (b)(3), the Secretary may pay not more than the 
        amount specified in section 2173(e)(2) of title 10, United 
        States Code.
    ``(e) Active Duty Service Obligation.--
            ``(1) In general.--A person entering into an agreement 
        described in subsection (b)(3) incurs an active duty service 
        obligation.
            ``(2) Length of obligation determined under regulations.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the length of the obligation under 
                paragraph (1) shall be determined under regulations 
                prescribed by the Secretary.
                    ``(B) Minimum obligation.--The regulations 
                prescribed under subparagraph (A) may not provide for a 
                period of obligation of less than one year for each 
                maximum annual amount, or portion thereof, paid on 
                behalf of the person for qualified loans.
            ``(3) Persons on active duty before entering into 
        agreement.--The active duty service obligation of persons on 
        active duty before entering into the agreement shall be served 
        after the conclusion of any other obligation incurred under the 
        agreement.
            ``(4) Concurrent completion of service obligations.--A 
        service obligation under this section may be completed 
        concurrently with a service obligation under section 216.
    ``(f) Effect of Failure To Complete Obligation.--
            ``(1) Alternative obligations.--An officer who is relieved 
        of the officer's active duty obligation under this section 
        before the completion of that obligation may be given any 
        alternative obligation, at the discretion of the Secretary.
            ``(2) Repayment.--An officer who does not complete the 
        period of active duty specified in the agreement entered into 
        under subsection (b)(3), or the alternative obligation imposed 
        under paragraph (1), shall be subject to the repayment 
        provisions under section 216.
    ``(g) Rulemaking.--The Secretary shall prescribe regulations to 
carry out this section, including--
            ``(1) standards for qualified loans and authorized payees; 
        and
            ``(2) other terms and conditions for the making of loan 
        repayments.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372) 
is amended by inserting after the item relating to section 266 the 
following:

``Sec. 267. Education loan repayment program.''.

SEC. 222. INTEREST PAYMENTS.

    (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as amended by 
section 221(a), is further amended by adding at the end the following:

``SEC. 268. INTEREST PAYMENT PROGRAM.

    ``(a) Authority.--The Secretary may pay the interest and any 
special allowances that accrue on one or more student loans of an 
eligible officer, in accordance with this section.
    ``(b) Eligible Officers.--An officer is eligible for the benefit 
described in subsection (a) while the officer--
            ``(1) is serving on active duty;
            ``(2) has not completed more than three years of service on 
        active duty;
            ``(3) is the debtor on one or more unpaid loans described 
        in subsection (c); and
            ``(4) is not in default on any such loan.
    ``(c) Student Loans.--The authority to make payments under 
subsection (a) may be exercised with respect to the following loans:
            ``(1) A loan made, insured, or guaranteed under part B of 
        title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et 
        seq.).
            ``(2) A loan made under part D of such title (20 U.S.C. 
        1087a et seq.).
            ``(3) A loan made under part E of such title (20 U.S.C. 
        1087aa et seq.).
    ``(d) Maximum Benefit.--Interest and any special allowance may be 
paid on behalf of an officer under this section for any of the 36 
consecutive months during which the officer is eligible under 
subsection (b).
    ``(e) Funds for Payments.--The Secretary may use amounts 
appropriated for the pay and allowances of personnel of the 
commissioned officer corps of the Administration for payments under 
this section.
    ``(f) Coordination With Secretary of Education.--
            ``(1) In general.--The Secretary shall consult with the 
        Secretary of Education regarding the administration of this 
        section.
            ``(2) Transfer of funds.--The Secretary shall transfer to 
        the Secretary of Education the funds necessary--
                    ``(A) to pay interest and special allowances on 
                student loans under this section (in accordance with 
                sections 428(o), 455(l), and 464(j) of the Higher 
                Education Act of 1965 (20 U.S.C. 1078(o), 1087e(l), and 
                1087dd(j)); and
                    ``(B) to reimburse the Secretary of Education for 
                any reasonable administrative costs incurred by the 
                Secretary in coordinating the program under this 
                section with the administration of the student loan 
                programs under parts B, D, and E of title IV of the 
                Higher Education Act of 1965 (20 U.S.C. 1071 et seq., 
                1087a et seq., 1087aa et seq.).
    ``(g) Special Allowance Defined.--In this section, the term 
`special allowance' means a special allowance that is payable under 
section 438 of the Higher Education Act of 1965 (20 U.S.C. 1087-1).''.
    (b) Conforming Amendments.--
            (1) Section 428(o) of the Higher Education Act of 1965 (20 
        U.S.C. 1078(o)) is amended--
                    (A) by striking the subsection heading and 
                inserting ``Armed Forces and NOAA Commissioned Officer 
                Corps Student Loan Interest Payment Programs''; and
                    (B) in paragraph (1)--
                            (i) by inserting ``or section 268 of the 
                        National Oceanic and Atmospheric Administration 
                        Commissioned Officer Corps Act of 2002'' after 
                        ``Code,''; and
                            (ii) by inserting ``or an officer in the 
                        commissioned officer corps of the National 
                        Oceanic and Atmospheric Administration, 
                        respectively,'' after ``Armed Forces''.
            (2) Sections 455(l) and 464(j) of the Higher Education Act 
        of 1965 (20 U.S.C. 1087e(l) and 1087dd(j)) are each amended--
                    (A) by striking the subsection heading and 
                inserting ``Armed Forces and NOAA Commissioned Officer 
                Corps Student Loan Interest Payment Programs''; and
                    (B) in paragraph (1)--
                            (i) by inserting ``or section 268 of the 
                        National Oceanic and Atmospheric Administration 
                        Commissioned Officer Corps Act of 2002'' after 
                        ``Code,''; and
                            (ii) by inserting ``or an officer in the 
                        commissioned officer corps of the National 
                        Oceanic and Atmospheric Administration, 
                        respectively'' after ``Armed Forces''.
    (c) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372), 
as amended by section 221(b), is further amended by inserting after the 
item relating to section 267 the following:

``Sec. 268. Interest payment program.''.

SEC. 223. STUDENT PRE-COMMISSIONING PROGRAM.

    (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as amended by 
section 222(a), is further amended by adding at the end the following:

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

    ``(a) Authority To Provide Financial Assistance.--For the purpose 
of maintaining adequate numbers of officers of the commissioned officer 
corps of the Administration on active duty, the Secretary may provide 
financial assistance to a person described in subsection (b) for 
expenses of the person while the person is pursuing on a full-time 
basis at an accredited educational institution (as determined by the 
Secretary of Education) a program of education approved by the 
Secretary that leads to--
            ``(1) a baccalaureate degree in not more than five academic 
        years; or
            ``(2) a postbaccalaureate degree.
    ``(b) Eligible Persons.--
            ``(1) In general.--A person is eligible to obtain financial 
        assistance under subsection (a) if the person--
                    ``(A) is enrolled on a full-time basis in a program 
                of education referred to in subsection (a) at any 
                educational institution described in such subsection;
                    ``(B) meets all of the requirements for acceptance 
                into the commissioned officer corps of the 
                Administration except for the completion of a 
                baccalaureate degree; and
                    ``(C) enters into a written agreement with the 
                Secretary described in paragraph (2).
            ``(2) Agreement.--A written agreement referred to in 
        paragraph (1)(C) is an agreement between the person and the 
        Secretary in which the person--
                    ``(A) agrees to accept an appointment as an 
                officer, if tendered; and
                    ``(B) upon completion of the person's educational 
                program, agrees to serve on active duty, immediately 
                after appointment, for--
                            ``(i) up to three years if the person 
                        received less than three years of assistance; 
                        and
                            ``(ii) up to five years if the person 
                        received at least three years of assistance.
    ``(c) Qualifying Expenses.--Expenses for which financial assistance 
may be provided under subsection (a) are the following:
            ``(1) Tuition and fees charged by the educational 
        institution involved.
            ``(2) The cost of educational materials.
            ``(3) In the case of a program of education leading to a 
        baccalaureate degree, laboratory expenses.
            ``(4) Such other expenses as the Secretary considers 
        appropriate.
    ``(d) Limitation on Amount.--The Secretary shall prescribe the 
amount of financial assistance provided to a person under subsection 
(a), which may not exceed the amount specified in section 2173(e)(2) of 
title 10, United States Code, for each year of obligated service that a 
person agrees to serve in an agreement described in subsection (b)(2).
    ``(e) Duration of Assistance.--Financial assistance may be provided 
to a person under subsection (a) for not more than five consecutive 
academic years.
    ``(f) Subsistence Allowance.--
            ``(1) In general.--A person who receives financial 
        assistance under subsection (a) shall be entitled to a monthly 
        subsistence allowance at a rate prescribed under paragraph (2) 
        for the duration of the period for which the person receives 
        such financial assistance.
            ``(2) Determination of amount.--The Secretary shall 
        prescribe monthly rates for subsistence allowance provided 
        under paragraph (1), which shall be equal to the amount 
        specified in section 2144(a) of title 10, United States Code.
    ``(g) Initial Clothing Allowance.--
            ``(1) Training.--The Secretary may prescribe a sum which 
        shall be credited to each person who receives financial 
        assistance under subsection (a) to cover the cost of the 
        person's initial clothing and equipment issue.
            ``(2) Appointment.--Upon completion of the program of 
        education for which a person receives financial assistance 
        under subsection (a) and acceptance of appointment in the 
        commissioned officer corps of the Administration, the person 
        may be issued a subsequent clothing allowance equivalent to 
        that normally provided to a newly appointed officer.
    ``(h) Termination of Financial Assistance.--
            ``(1) In general.--The Secretary shall terminate the 
        assistance provided to a person under this section if--
                    ``(A) the Secretary accepts a request by the person 
                to be released from an agreement described in 
                subsection (b)(2);
                    ``(B) the misconduct of the person results in a 
                failure to complete the period of active duty required 
                under the agreement; or
                    ``(C) the person fails to fulfill any term or 
                condition of the agreement.
            ``(2) Reimbursement.--The Secretary may require a person 
        who receives assistance described in subsection (c), (f), or 
        (g) under an agreement entered into under subsection (b)(1)(C) 
        to reimburse the Secretary in an amount that bears the same 
        ratio to the total costs of the assistance provided to that 
        person as the unserved portion of active duty bears to the 
        total period of active duty the officer agreed to serve under 
        the agreement.
            ``(3) Waiver.--The Secretary may waive the service 
        obligation of a person through an agreement entered into under 
        subsection (b)(1)(C) if the person--
                    ``(A) becomes unqualified to serve on active duty 
                in the commissioned officer corps of the Administration 
                because of a circumstance not within the control of 
                that person; or
                    ``(B) is--
                            ``(i) not physically qualified for 
                        appointment; and
                            ``(ii) determined to be unqualified for 
                        service in the commissioned officer corps of 
                        the Administration because of a physical or 
                        medical condition that was not the result of 
                        the person's own misconduct or grossly 
                        negligent conduct.
            ``(4) Obligation as debt to united states.--An obligation 
        to reimburse the Secretary imposed under paragraph (2) is, for 
        all purposes, a debt owed to the United States.
            ``(5) Discharge in bankruptcy.--A discharge in bankruptcy 
        under title 11, United States Code, that is entered less than 
        five years after the termination of a written agreement entered 
        into under subsection (b)(1)(C) does not discharge the person 
        signing the agreement from a debt arising under such agreement 
        or under paragraph (2).
    ``(i) Regulations.--The Secretary may prescribe such regulations 
and orders as the Secretary considers appropriate to carry out this 
section.
    ``(j) Concurrent Completion of Service Obligations.--A service 
obligation under this section may be completed concurrently with a 
service obligation under section 216.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372), 
as amended by section 222(c), is further amended by inserting after the 
item relating to section 268 the following:

``Sec. 269. Student pre-commissioning education assistance program.''.

SEC. 224. LIMITATION ON EDUCATIONAL ASSISTANCE.

    (a) In General.--Each fiscal year, beginning with the fiscal year 
in which this title is enacted, the Secretary of Commerce shall ensure 
that the total amount expended by the Secretary under section 267 of 
the National Oceanic and Atmospheric Administration Commissioned 
Officer Corps Act of 2002 (as added by section 221(a)), section 268 of 
such Act (as added by section 222(a)), and section 269 of such Act (as 
added by section 223(a)) does not exceed the amount by which--
            (1) the total amount the Secretary would pay in that fiscal 
        year to officer candidates under section 203(f)(1) of title 37, 
        United States Code (as added by section 235(d)), 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-1 with less than 2 years of service, exceeds
            (2) the total amount the Secretary actually pays in that 
        fiscal year to officer candidates under section 203(f)(1) of 
        such title (as so added).
    (b) Officer Candidate Defined.--In this section, the term ``officer 
candidate'' has the meaning given the term in paragraph (4) of section 
212(b) of the National Oceanic and Atmospheric Administration 
Commissioned Officer Corps Act of 2002 (33 U.S.C. 3002), as added by 
section 235(c).

SEC. 225. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, UNITED 
              STATES CODE, AND EXTENSION OF CERTAIN AUTHORITIES 
              APPLICABLE TO MEMBERS OF THE ARMED FORCES TO COMMISSIONED 
              OFFICER CORPS.

    (a) Applicability of Certain Provisions of Title 10.--Section 
261(a) (33 U.S.C. 3071(a)) is amended--
            (1) by redesignating paragraphs (13) through (16) as 
        paragraphs (22) through (25), respectively;
            (2) by redesignating paragraphs (7) through (12) as 
        paragraphs (14) through (19), respectively;
            (3) by redesignating paragraphs (4) through (6) as 
        paragraphs (8) through (10), respectively;
            (4) by inserting after paragraph (3) the following:
            ``(4) Section 771, relating to unauthorized wearing of 
        uniforms.
            ``(5) Section 774, relating to wearing religious apparel 
        while in uniform.
            ``(6) Section 982, relating to service on State and local 
        juries.
            ``(7) Section 1031, relating to administration of oaths.'';
            (5) by inserting after paragraph (10), as redesignated, the 
        following:
            ``(11) Section 1074n, relating to annual mental health 
        assessments.
            ``(12) Section 1090a, relating to referrals for mental 
        health evaluations.
            ``(13) Chapter 58, relating to the Benefits and Services 
        for members being separated or recently separated.''; and
            (6) by inserting after paragraph (19), as redesignated, the 
        following:
            ``(20) Subchapter I of chapter 88, relating to Military 
        Family Programs.
            ``(21) Section 2005, relating to advanced education 
        assistance, active duty agreements, and reimbursement 
        requirements.''.
    (b) Extension of Certain Authorities.--
            (1) Notarial services.--Section 1044a of title 10, United 
        States Code, is amended--
                    (A) in subsection (a)(1), by striking ``armed 
                forces'' and inserting ``uniformed services''; and
                    (B) in subsection (b)(4), by striking ``armed 
                forces'' both places it appears and inserting 
                ``uniformed services''.
            (2) Acceptance of voluntary services for programs serving 
        members and their families.--Section 1588 of such title is 
        amended--
                    (A) in subsection (a)(3), in the matter before 
                subparagraph (A), by striking ``armed forces'' and 
                inserting ``uniformed services''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(g) Secretary Concerned for Acceptance of Services for Programs 
Serving Members of NOAA Corps and Their Families.--For purposes of the 
acceptance of services described in subsection (a)(3), the term 
`Secretary concerned' in subsection (a) shall include the Secretary of 
Commerce with respect to members of the commissioned officer corps of 
the National Oceanic and Atmospheric Administration.''.
            (3) Capstone course for newly selected flag officers.--
        Section 2153 of such title is amended--
                    (A) in subsection (a)--
                            (i) by inserting ``or the commissioned 
                        officer corps of the National Oceanic and 
                        Atmospheric Administration'' after ``in the 
                        case of the Navy''; and
                            (ii) by striking ``other armed forces'' and 
                        inserting ``other uniformed services''; and
                    (B) in subsection (b)(1), in the matter before 
                subparagraph (A), by inserting ``or the Secretary of 
                Commerce, as applicable,'' after ``the Secretary of 
                Defense''.

SEC. 226. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, UNITED 
              STATES CODE.

    (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is amended by 
inserting after section 261 the following:

``SEC. 261A. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, UNITED 
              STATES CODE.

    ``(a) Provisions Made Applicable to Commissioned Officer Corps.--
The provisions of law applicable to the Armed Forces under the 
following provisions of title 37, United States Code, shall apply to 
the commissioned officer corps of the Administration:
            ``(1) Section 324, relating to accession bonuses for new 
        officers in critical skills.
            ``(2) Section 403(f)(3), relating to prescribing 
        regulations defining the terms `field duty' and `sea duty'.
            ``(3) Section 403(l), relating to temporary continuation of 
        housing allowance for dependents of members dying on active 
        duty.
            ``(4) Section 415, relating to initial uniform allowances.
            ``(5) Section 488, relating to allowances for recruiting 
        expenses.
            ``(6) Section 495, relating to allowances for funeral 
        honors duty.
    ``(b) References.--The authority vested by title 37, United States 
Code, in the `military departments', `the Secretary concerned', or `the 
Secretary of Defense' with respect to the provisions of law referred to 
in subsection (a) shall be exercised, with respect to the commissioned 
officer corps of the Administration, by the Secretary of Commerce or 
the Secretary's designee.''.
    (b) Personal Money Allowance.--Section 414(a)(2) of title 37, 
United States Code, is amended by inserting ``or the director of the 
commissioned officer corps of the National Oceanic and Atmospheric 
Administration'' after ``Health Service''.
    (c) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372) 
is amended by inserting after the item relating to section 261 the 
following:

``Sec. 261A. Applicability of certain provisions of title 37, United 
                            States Code.''.

SEC. 227. PROHIBITION ON RETALIATORY PERSONNEL ACTIONS.

    (a) In General.--Subsection (a) of section 261 (33 U.S.C. 3071), as 
amended by section 225(a), is further amended--
            (1) by redesignating paragraphs (8) through (25) as 
        paragraphs (9) through (26), respectively; and
            (2) by inserting after paragraph (7) the following:
            ``(8) Section 1034, relating to protected communications 
        and prohibition of retaliatory personnel actions.''.
    (b) Conforming Amendment.--Subsection (b) of such section is 
amended by adding at the end the following: ``For purposes of paragraph 
(8) of subsection (a), the term `Inspector General' in section 1034 of 
such title 10 shall mean the Inspector General of the Department of 
Commerce.''.
    (c) Regulations.--Such section is further amended by adding at the 
end the following:
    ``(c) Regulations Regarding Protected Communications and 
Prohibition of Retaliatory Personnel Actions.--The Secretary may 
prescribe regulations to carry out the application of section 1034 of 
title 10, United States Code, to the commissioned officer corps of the 
Administration, including by prescribing such administrative procedures 
for investigation and appeal within the commissioned officer corps as 
the Secretary considers appropriate.''.

SEC. 228. APPLICATION OF CERTAIN PROVISIONS OF COMPETITIVE SERVICE LAW.

    Section 3304(f) of title 5, United States Code, is amended--
            (1) in paragraph (1), by inserting ``and members of the 
        commissioned officer corps of the National Oceanic and 
        Atmospheric Administration (or its predecessor organization the 
        Coast and Geodetic Survey) separated from such uniformed 
        service'' after ``separated from the armed forces'';
            (2) in paragraph (2), by striking ``or veteran'' and 
        inserting ``, veteran, or member''; and
            (3) in paragraph (4), by inserting ``and members of the 
        commissioned officer corps of the National Oceanic and 
        Atmospheric Administration (or its predecessor organization the 
        Coast and Geodetic Survey) separated from such uniformed 
        service'' after ``separated from the armed forces''.

SEC. 229. EMPLOYMENT AND REEMPLOYMENT RIGHTS.

    Section 4303(16) of title 38, United States Code, is amended by 
inserting ``the commissioned officer corps of the National Oceanic and 
Atmospheric Administration,'' after ``Public Health Service,''.

SEC. 230. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER CORPS FOR 
              PURPOSES OF CERTAIN HIRING DECISIONS.

    (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as amended by 
this title, is further amended by adding at the end the following:

``SEC. 269A. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER CORPS AS 
              EMPLOYMENT IN ADMINISTRATION FOR PURPOSES OF CERTAIN 
              HIRING DECISIONS.

    ``(a) In General.--In any case in which the Secretary accepts an 
application for a position of employment with the Administration and 
limits consideration of applications for such position to applications 
submitted by individuals serving in a career or career-conditional 
position in the competitive service within the Administration, the 
Secretary shall deem an officer who has served as an officer in the 
commissioned officer corps for at least three years to be serving in a 
career or career-conditional position in the competitive service within 
the Administration for purposes of such limitation.
    ``(b) Career Appointments.--If the Secretary selects an application 
submitted by an officer described in subsection (a) for a position 
described in such subsection, the Secretary shall give such officer a 
career or career-conditional appointment in the competitive service, as 
appropriate.
    ``(c) Competitive Service Defined.--In this section, the term 
`competitive service' has the meaning given the term in section 2102 of 
title 5, United States Code.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372) 
is amended by inserting after the item relating to section 269, as 
added by section 223(b), the following new item:

``Sec. 269A. Treatment of commission in commissioned officer corps as 
                            employment in Administration for purposes 
                            of certain hiring decisions.''.

           Subtitle C--Appointments and Promotion of Officers

SEC. 231. APPOINTMENTS.

    (a) Original Appointments.--Section 221 (33 U.S.C. 3021) is amended 
to read as follows:

``SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINTMENTS.

    ``(a) Original Appointments.--
            ``(1) Grades.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), an original appointment of an officer 
                may be made in such grades as may be appropriate for--
                            ``(i) the qualification, experience, and 
                        length of service of the appointee; and
                            ``(ii) the commissioned officer corps of 
                        the Administration.
                    ``(B) Appointment of officer candidates.--
                            ``(i) Limitation on grade.--An original 
                        appointment of an officer candidate, upon 
                        graduation from the basic officer training 
                        program of the commissioned officer corps of 
                        the Administration, may not be made in any 
                        other grade than ensign.
                            ``(ii) Rank.--Officer candidates receiving 
                        appointments as ensigns upon graduation from 
                        the basic officer training program shall take 
                        rank according to their proficiency as shown by 
                        the order of their merit at date of graduation.
            ``(2) Source of appointments.--An original appointment may 
        be made from among the following:
                    ``(A) Graduates of the basic officer training 
                program of the commissioned officer corps of the 
                Administration.
                    ``(B) Graduates of the military service academies 
                of the United States who otherwise meet the academic 
                standards for enrollment in the training program 
                described in subparagraph (A).
                    ``(C) Graduates of the maritime academies of the 
                States who--
                            ``(i) otherwise meet the academic standards 
                        for enrollment in the training program 
                        described in subparagraph (A);
                            ``(ii) completed at least three years of 
                        regimented training while at a maritime academy 
                        of a State; and
                            ``(iii) obtained an unlimited tonnage or 
                        unlimited horsepower Merchant Mariner 
                        Credential from the United States Coast Guard.
                    ``(D) Licensed officers of the United States 
                merchant marine who have served two or more years 
                aboard a vessel of the United States in the capacity of 
                a licensed officer, who otherwise meet the academic 
                standards for enrollment in the training program 
                described in subparagraph (A).
            ``(3) Definitions.--In this subsection:
                    ``(A) Maritime academies of the states.--The term 
                `maritime academies of the States' means the following:
                            ``(i) California Maritime Academy, Vallejo, 
                        California.
                            ``(ii) Great Lakes Maritime Academy, 
                        Traverse City, Michigan.
                            ``(iii) Maine Maritime Academy, Castine, 
                        Maine.
                            ``(iv) Massachusetts Maritime Academy, 
                        Buzzards Bay, Massachusetts.
                            ``(v) State University of New York Maritime 
                        College, Fort Schuyler, New York.
                            ``(vi) Texas A&M Maritime Academy, 
                        Galveston, Texas.
                    ``(B) Military service academies of the united 
                states.--The term `military service academies of the 
                United States' means the following:
                            ``(i) The United States Military Academy, 
                        West Point, New York.
                            ``(ii) The United States Naval Academy, 
                        Annapolis, Maryland.
                            ``(iii) The United States Air Force 
                        Academy, Colorado Springs, Colorado.
                            ``(iv) The United States Coast Guard 
                        Academy, New London, Connecticut.
                            ``(v) The United States Merchant Marine 
                        Academy, Kings Point, New York.
    ``(b) Reappointment.--
            ``(1) In general.--Except as provided in paragraph (2), an 
        individual who previously served in the commissioned officer 
        corps of the Administration may be appointed by the Secretary 
        to the grade the individual held prior to separation.
            ``(2) Reappointments to higher grades.--An appointment 
        under paragraph (1) to a position of importance and 
        responsibility designated under section 228 may only be made by 
        the President.
    ``(c) Qualifications.--An appointment under subsection (a) or (b) 
may not be given to an individual until the individual's mental, moral, 
physical, and professional fitness to perform the duties of an officer 
has been established under such regulations as the Secretary shall 
prescribe.
    ``(d) 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 grade. The 
order of precedence of appointees whose dates of commission are the 
same shall be determined by the Secretary.
    ``(e) Inter-Service Transfers.--For inter-service transfers (as 
described in Department of Defense Directive 1300.4 (dated December 27, 
2006)) the Secretary shall--
            ``(1) coordinate with the Secretary of Defense and the 
        Secretary of the Department in which the Coast Guard is 
        operating to promote and streamline inter-service transfers;
            ``(2) give preference to such inter-service transfers for 
        recruitment purposes as determined appropriate by the 
        Secretary; and
            ``(3) reappoint such inter-service transfers to the 
        equivalent grade in the commissioned officer corps.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372) 
is amended by striking the item relating to section 221 and inserting 
the following:

``Sec. 221. Original appointments and reappointments.''.

SEC. 232. PERSONNEL BOARDS.

    Section 222 (33 U.S.C. 3022) is amended to read as follows:

``SEC. 222. PERSONNEL BOARDS.

    ``(a) Convening.--Not less frequently than once each year and at 
such other times as the Secretary determines necessary, the Secretary 
shall convene a personnel board.
    ``(b) Membership.--
            ``(1) In general.--A board convened under subsection (a) 
        shall consist of five or more officers who are serving in or 
        above the permanent grade of the officers under consideration 
        by the board.
            ``(2) Retired officers.--Officers on the retired list may 
        be recalled to serve on such personnel boards as the Secretary 
        considers necessary.
            ``(3) No membership on 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 
        separation.
    ``(c) Duties.--Each personnel board shall--
            ``(1) recommend to the Secretary such changes as may be 
        necessary to correct any erroneous position on the lineal list 
        that was caused by administrative error; and
            ``(2) make selections and recommendations to the Secretary 
        and the President for the appointment, promotion, involuntary 
        separation, continuation, and involuntary retirement of 
        officers in the commissioned officer corps of the 
        Administration as prescribed in this title.
    ``(d) Action on Recommendations Not Acceptable.--If any 
recommendation by a board convened under subsection (a) is not accepted 
by the Secretary or the President, the board shall make such further 
recommendations as the Secretary or the President considers 
appropriate.
    ``(e) Authority for Officers To Opt Out of Promotion 
Consideration.--
            ``(1) In general.--The Director of the National Oceanic and 
        Atmospheric Administration Commissioned Officer Corps may 
        provide that an officer, upon the officer's request and with 
        the approval of the Director, be excluded from consideration 
        for promotion by a personnel board convened under this section.
            ``(2) Approval.--The Director shall approve a request made 
        by an officer under paragraph (1) only if--
                    ``(A) the basis for the request is to allow the 
                officer to complete a broadening assignment, advanced 
                education, another assignment of significant value to 
                the Administration, a career progression requirement 
                delayed by the assignment or education, or a qualifying 
                personal or professional circumstance, as determined by 
                the Director;
                    ``(B) the Director determines the exclusion from 
                consideration is in the best interest of the 
                Administration; and
                    ``(C) the officer has not previously failed 
                selection for promotion to the grade for which the 
                officer requests the exclusion from consideration.''.

SEC. 233. POSITIONS OF IMPORTANCE AND RESPONSIBILITY.

    Section 228 (33 U.S.C. 3028) is amended--
            (1) in subsection (c)--
                    (A) in the first sentence, by striking ``The 
                Secretary shall designate one position under this 
                section'' and inserting ``The President shall designate 
                one position''; and
                    (B) in the second sentence, by striking ``That 
                position shall be filled by'' and inserting ``The 
                President shall fill that position by appointing, by 
                and with the advice and consent of the Senate,'';
            (2) in subsection (d)(2), by inserting ``or immediately 
        beginning a period of terminal leave'' after ``for which a 
        higher grade is designated'';
            (3) by amending subsection (e) to read as follows:
    ``(e) 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 (lower half) or above may not exceed five, with only one 
serving in the grade of vice admiral.''; and
            (4) in subsection (f), by inserting ``or in a period of 
        annual leave used at the end of the appointment'' after 
        ``serving in that grade''.

SEC. 234. TEMPORARY APPOINTMENTS.

    (a) In General.--Section 229 (33 U.S.C. 3029) is amended to read as 
follows:

``SEC. 229. TEMPORARY APPOINTMENTS.

    ``(a) Appointments by President.--Temporary appointments in the 
grade of ensign, lieutenant junior grade, or lieutenant may be made by 
the President.
    ``(b) Termination.--A temporary appointment to a position under 
subsection (a) shall terminate upon approval of a permanent appointment 
for such position made by the President.
    ``(c) Order of Precedence.--Appointees under subsection (a) shall 
take precedence in the grade to which appointed in accordance with the 
dates of their appointments as officers in such grade. The order of 
precedence of appointees who are appointed on the same date shall be 
determined by the Secretary.
    ``(d) Any One Grade.--When determined by the Secretary to be in the 
best interest of the commissioned officer corps, officers in any 
permanent grade may be temporarily promoted one grade by the President. 
Any such temporary promotion terminates upon the transfer of the 
officer to a new assignment.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372) 
is amended by striking the item relating to section 229 and inserting 
the following:

``Sec. 229. Temporary appointments.''.

SEC. 235. OFFICER CANDIDATES.

    (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.) is amended by 
adding at the end the following:

``SEC. 234. OFFICER CANDIDATES.

    ``(a) Determination of Number.--The Secretary shall determine the 
number of appointments of officer candidates.
    ``(b) Appointment.--Appointment of officer candidates shall be made 
under regulations, which the Secretary shall prescribe, including 
regulations with respect to determining age limits, methods of 
selection of officer candidates, term of service as an officer 
candidate before graduation from the basic officer training program of 
the Administration, and all other matters affecting such appointment.
    ``(c) Dismissal.--The Secretary may dismiss from the basic officer 
training program of the Administration any officer candidate who, 
during the officer candidate's term as an officer candidate, the 
Secretary considers unsatisfactory in either academics or conduct, or 
not adapted for a career in the commissioned officer corps of the 
Administration. Officer candidates shall be subject to rules governing 
discipline prescribed by the Director of the National Oceanic and 
Atmospheric Administration Commissioned Officer Corps.
    ``(d) Agreement.--
            ``(1) In general.--Each officer candidate shall sign an 
        agreement with the Secretary in accordance with section 
        216(a)(2) regarding the officer candidate's term of service in 
        the commissioned officer corps of the Administration.
            ``(2) Elements.--An agreement signed by an officer 
        candidate under paragraph (1) shall provide that the officer 
        candidate agrees to the following:
                    ``(A) That the officer candidate will complete the 
                course of instruction at the basic officer training 
                program of the Administration.
                    ``(B) That upon graduation from such program, the 
                officer candidate--
                            ``(i) will accept an appointment, if 
                        tendered, as an officer; and
                            ``(ii) will serve on active duty for at 
                        least four years immediately after such 
                        appointment.
    ``(e) Regulations.--The Secretary shall prescribe regulations to 
carry out this section. Such regulations shall include--
            ``(1) standards for determining what constitutes a breach 
        of an agreement signed under subsection (d)(1); and
            ``(2) procedures for determining whether such a breach has 
        occurred.
    ``(f) Repayment.--An officer candidate or former officer candidate 
who does not fulfill the terms of the obligation to serve as specified 
under subsection (d) shall be subject to the repayment provisions of 
section 216(b).''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372) 
is amended by inserting after the item relating to section 233 the 
following:

``Sec. 234. Officer candidates.''.
    (c) Officer Candidate Defined.--Section 212(b) (33 U.S.C. 3002(b)) 
is amended--
            (1) by redesignating paragraphs (4) through (6) as 
        paragraphs (5) through (7), respectively; and
            (2) by inserting after paragraph (3) the following:
            ``(4) Officer candidate.--The term `officer candidate' 
        means an individual who is enrolled in the basic officer 
        training program of the Administration and is under 
        consideration for appointment as an officer under section 
        221(a)(2)(A).''.
    (d) Pay for Officer Candidates.--Section 203 of title 37, United 
States Code, is amended by adding at the end the following:
    ``(f)(1) An officer candidate enrolled in the basic officer 
training program of the commissioned officer corps of the National 
Oceanic and Atmospheric Administration is entitled, while participating 
in such program, to monthly officer candidate pay at monthly rates 
equal to the basic pay of an enlisted member in the pay grade E-5 with 
less than two years of service.
    ``(2) An individual who graduates from such program shall receive 
credit for the time spent participating in such program as if such time 
were time served while on active duty as a commissioned officer. If the 
individual does not graduate from such program, such time shall not be 
considered creditable for active duty or pay.''.

SEC. 236. PROCUREMENT OF PERSONNEL.

    (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as amended by 
section 235(a), is further amended by adding at the end the following:

``SEC. 235. PROCUREMENT OF PERSONNEL.

    ``The Secretary may make such expenditures as the Secretary 
considers necessary in order to obtain recruits for the commissioned 
officer corps of the Administration, including advertising.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372), 
as amended by section 235(b), is further amended by inserting after the 
item relating to section 234 the following:

``235. Procurement of personnel.''.

SEC. 237. CAREER INTERMISSION PROGRAM.

    (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as amended by 
section 236(a), is further amended by adding at the end the following:

``SEC. 236. CAREER FLEXIBILITY TO ENHANCE RETENTION OF OFFICERS.

    ``(a) 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 duty.
    ``(b) Period of Inactivation From Active Duty; Effect of 
Inactivation.--
            ``(1) 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 (c), except that such period may not exceed three 
        years.
            ``(2) 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 C.
    ``(c) 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 follows:
            ``(1) 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 
        proficiency, at a level determined by the Director to be 
        sufficient, in the technical skills, professional 
        qualifications, and physical readiness of the officer during 
        the inactivation of the officer from active duty.
            ``(2) Following completion of the period of the 
        inactivation of the officer from active duty under the program, 
        to serve two months on active duty for each month of the period 
        of the inactivation of the officer from active duty under the 
        program.
    ``(d) Conditions of Release.--The Secretary shall--
            ``(1) prescribe regulations specifying the guidelines 
        regarding the conditions of release that must be considered and 
        addressed in the agreement required by subsection (c); and
            ``(2) at a minimum, prescribe the procedures and standards 
        to be used to instruct an officer on the obligations to be 
        assumed by the officer under paragraph (1) of such subsection 
        while the officer is released from active duty.
    ``(e) Order to Active Duty.--Under regulations prescribed by the 
Secretary, an officer participating in a program under this section 
may, in the discretion of the Secretary, be required to terminate 
participation in the program and be ordered to active duty.
    ``(f) Pay and Allowances.--
            ``(1) Basic pay.--During each month of participation in a 
        program under this section, 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 204 of title 
        37, United States Code, 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 program.
            ``(2) Special or incentive pay or bonus.--
                    ``(A) Prohibition.--An officer who participates in 
                a program under this section shall not, while 
                participating in the program, be paid any special or 
                incentive pay or bonus to which the officer is 
                otherwise entitled under an agreement under chapter 5 
                of title 37, United States Code, that is in force when 
                the officer commences participation in the program.
                    ``(B) 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 5 of title 37, United States Code, 
                that is in force when the officer commences 
                participation in the program.
            ``(3) Return to active duty.--
                    ``(A) Special or incentive pay or bonus.--Subject 
                to subparagraph (B), upon the return of an officer to 
                active duty after completion by the officer of 
                participation in a program under this section--
                            ``(i) any agreement entered into by the 
                        officer under chapter 5 of title 37, United 
                        States Code, 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 revived, with the term of such 
                        agreement after revival being the period of the 
                        agreement remaining to run when the officer 
                        commenced participation in the program; and
                            ``(ii) 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 (i).
                    ``(B) Limitation.--
                            ``(i) In general.--Subparagraph (A) shall 
                        not apply to any special or incentive pay or 
                        bonus otherwise covered by that subparagraph 
                        with respect to an officer if, at the time of 
                        the return of the officer to active duty as 
                        described in that subparagraph--
                                    ``(I) such pay or bonus is no 
                                longer authorized by law; or
                                    ``(II) 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 duty.
                            ``(ii) Pay or bonus ceases being 
                        authorized.--Subparagraph (A) shall cease to 
                        apply to any special or incentive pay or bonus 
                        otherwise covered by that subparagraph with 
                        respect to an officer if, during the term of 
                        the revived agreement of the officer under 
                        subparagraph (A)(i), such pay or bonus ceases 
                        being authorized by law.
                    ``(C) 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 (B)(i)(II) 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 5 of title 37, United 
                States Code.
                    ``(D) 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 (A) shall be in addition 
                to any service required of the officer under an 
                agreement under subsection (c).
            ``(4) Travel and transportation allowance.--
                    ``(A) In general.--Subject to subparagraph (B), an 
                officer who participates in a program under this 
                section is entitled, while participating in the 
                program, to the travel and transportation allowances 
                authorized by section 474 of title 37, United States 
                Code, for--
                            ``(i) travel performed from the residence 
                        of the officer, at the time of release from 
                        active duty to participate in the program, to 
                        the location in the United States designated by 
                        the officer as the officer's residence during 
                        the period of participation in the program; and
                            ``(ii) travel performed to the residence of 
                        the officer upon return to active duty at the 
                        end of the participation of the officer in the 
                        program.
                    ``(B) Single residence.--An allowance is payable 
                under this paragraph only with respect to travel of an 
                officer to and from a single residence.
            ``(5) 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 
        701 of title 10, but not to exceed 60 days.
    ``(g) Promotion.--
            ``(1) In general.--An officer participating in a program 
        under this section shall not, while participating in the 
        program, be eligible for consideration for promotion under 
        subtitle B.
            ``(2) 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--
                    ``(A) 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 section; 
                and
                    ``(B) the officer shall be eligible for 
                consideration for promotion when officers of the same 
                competitive category, grade, and seniority are eligible 
                for consideration for promotion.
    ``(h) Continued Entitlements.--An officer participating in a 
program under this section shall, while participating in the program, 
be treated as a member of the uniformed services on active duty for a 
period of more than 30 days for purposes of--
            ``(1) the entitlement of the officer and of the dependents 
        of the officer to medical and dental care under the provisions 
        of chapter 55 of title 10; and
            ``(2) retirement or separation for physical disability 
        under the provisions of subtitle C.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372), 
as amended by section 236(b), is further amended by inserting after the 
item relating to section 235 the following:

``Sec. 236. Career flexibility to enhance retention of officers.''.

           Subtitle D--Separation and Retirement of Officers

SEC. 241. INVOLUNTARY RETIREMENT OR SEPARATION.

    Section 241 (33 U.S.C. 3041) is amended by adding at the end the 
following:
    ``(d) Deferment of Retirement or Separation for Medical Reasons.--
            ``(1) In general.--If the Secretary determines that the 
        evaluation of the medical condition of an officer requires 
        hospitalization or medical observation that cannot be completed 
        with confidence in a manner consistent with the officer's well-
        being before the date on which the officer would otherwise be 
        required to retire or be separated under this section, the 
        Secretary may defer the retirement or separation of the 
        officer.
            ``(2) Consent required.--A deferment may only be made with 
        the written consent of the officer involved. If the officer 
        does not provide written consent to the deferment, the officer 
        shall be retired or separated as scheduled.
            ``(3) Limitation.--A deferment of retirement or separation 
        under this subsection may not extend for more than 30 days 
        after completion of the evaluation requiring hospitalization or 
        medical observation.''.

SEC. 242. SEPARATION PAY.

    Section 242 (33 U.S.C. 3042) is amended by adding at the end the 
following:
    ``(d) Exception.--An officer discharged for twice failing selection 
for promotion to the next higher grade is not entitled to separation 
pay under this section if the officer--
            ``(1) expresses a desire not to be selected for promotion; 
        or
            ``(2) requests removal from the list of selectees.''.

   TITLE III--OTHER NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
                                MATTERS

SEC. 301. CHARTING AND SURVEY SERVICES.

    (a) In General.--Not later than 270 days after the development of 
the strategy required by section 1002(b) of the Frank LoBiondo Coast 
Guard Authorization Act of 2018 (33 U.S.C. 892a note), the Secretary of 
Commerce shall enter into not fewer than 2 multi-year contracts with 
one or more private entities for the performance of charting and survey 
services by vessels.
    (b) Charting and Surveys in the Arctic.--In soliciting and engaging 
the services of vessels under subsection (a), the Secretary shall 
particularly emphasize the need for charting and surveys in the Arctic.

SEC. 302. LEASES AND CO-LOCATION AGREEMENTS.

    (a) In General.--Notwithstanding any other provision of law, in 
fiscal year 2020 and each fiscal year thereafter, 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 (b) 
for periods of not more than 30 years, if each such lease or agreement 
is supported by a price reasonableness analysis.
    (b) Entities Described.--An entity described in this subsection 
is--
            (1) the government of any State, territory, possession, or 
        locality of the United States;
            (2) any Tribal organization (as defined in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304));
            (3) any subdivision of--
                    (A) a government described in paragraph (1); or
                    (B) an organization described in paragraph (2); or
            (4) any organization that is--
                    (A) organized under the laws of the United States 
                or any jurisdiction within the United States; and
                    (B) described in section 501(c) of the Internal 
                Revenue Code of 1986 and exempt from tax under section 
                501(a) of such Code.
    (c) Fiscal Year Limitation.--The obligation of amounts for leases 
and agreements executed under subsection (a) is limited to the fiscal 
year for which payments are due, without regard to sections 1341(a)(1), 
1501(a)(1), 1502(a), and 1517(a) of title 31, United States Code.
    (d) Collaboration Agreements.--Upon the execution of a lease or 
agreement authorized by subsection (a) with an entity, 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 agreement. The cost of 
such agreements shall be apportioned equitably, as determined by the 
Administrator.

SEC. 303. SATELLITE AND DATA MANAGEMENT.

    Section 301(d) of the Weather Research and Forecasting Innovation 
Act of 2017 (15 U.S.C. 8531(d)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``data and satellite systems'' and 
                inserting ``data, satellite, and other observing 
                systems''; and
                    (B) by striking ``to carry out'' and all that 
                follows and inserting the following: ``to carry out--
                    ``(A) basic, applied, and advanced research 
                projects, and ocean exploration missions; or
                    ``(B) any other type of project to meet other 
                mission objectives, as determined by the Under 
                Secretary.'';
            (2) in paragraph (2)--
                    (A) in subparagraph (B)--
                            (i) in clause (i), by striking 
                        ``satellites'' and all that follows and 
                        inserting ``systems, including satellites, 
                        instrumentation, ground stations, data, data 
                        archiving, and data processing;''; and
                            (ii) in clause (iii)--
                                    (I) by striking ``only''; and
                                    (II) 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 contract, grant or cooperative 
                                agreement.''; and
                    (B) by adding at the end the following:
                    ``(C) Advance payments.--The authority provided 
                under paragraph (1) may be exercised without regard to 
                section 3324 of title 31, United States Code.''; and
            (3) in paragraph (3), by striking ``2023'' and inserting 
        ``2030''.
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