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S. 524 · Senate bill · 119th Congress
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(a) Title and qualifications of head.—
(1) In general.— Section 228(c) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3028(c)) is amended—
(A) in the subsection heading, by striking “Corps and Office of” and inserting “Commissioned Officer Corps and Assistant Administrator for”;
(B) in the second sentence, by striking “serving in” and all that follows through “half)” and inserting “who has served, on the date of such appointment, in the grade of captain or above for not less than one year”; and
(C) in the fourth sentence, by striking “Director of the Office of” and inserting “Assistant Administrator of the National Oceanic and Atmospheric Administration for”.
(2) Conforming amendment.— Section 4(a) of the Commercial Engagement Through Ocean Technology Act of 2018 (33 U.S.C. 4103(a)) is amended by striking “Director of the Office of” and inserting “Assistant Administrator of the National Oceanic and Atmospheric Administration for”.
(b) Promotions of flag officers.— Section 226 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3026) is amended—
(1) by striking “Appointments” and inserting the following:
“(a) In general.— Appointments”;
(2) by inserting after “all permanent grades” the following: “, other than a grade described in subsection (b),”; and
(3) by adding at the end the following:
“(b) Flag officers.— Appointments in and promotions to the grade of rear admiral (upper half) or above shall be made by the President, by and with the advice and consent of the Senate.”.
(a) In general.— The NOAA Fleet Modernization Act (33 U.S.C. 891 et seq.) is amended—
(1) in section 603 (33 U.S.C. 891a)—
(A) in the section heading, by striking “Fleet” and all that follows through “program” and inserting “Operation and maintenance of NOAA fleet”; and
(B) by striking “is authorized” and all that follows and inserting the following: “, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall operate and maintain a fleet of vessels to meet the requirements of NOAA in carrying out the mission and functions of NOAA, subject to the requirements of this title.”;
(2) in section 604 (33 U.S.C. 891b)—
(A) in subsection (a), by striking “Secretary” and all that follows and inserting “Secretary, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall develop and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives a replacement and modernization plan for the NOAA fleet not later than 180 days after the date of the enactment of the Coast Guard Authorization Act of 2025, and every 2 years thereafter.”;
(B) by striking subsections (b) and (d);
(C) by redesignating subsection (c) as subsection (b);
(D) in subsection (b), as so redesignated—
(i) in paragraph (1), by striking “proposed” and all that follows and inserting the following: “in operation in the NOAA fleet as of the date of submission of the Plan, a description of the status of those vessels, and a statement of the planned and anticipated service life of those vessels;”;
(ii) by striking paragraph (6);
(iii) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (4), (5), (6), and (7), respectively;
(iv) by inserting after paragraph (1) the following:
“(2) a plan with respect to operation, maintenance, and replacement of vessels described in paragraph (1), including the schedule for maintenance or replacement and anticipated funding requirements;
(3) the number of vessels proposed to be constructed by NOAA;”;
(v) in paragraph (4), as so redesignated, by striking “constructed, leased, or chartered” and inserting “acquired, leased, or chartered by NOAA”;
(vi) in paragraph (6), as so redesignated—
(I) by striking “or any other federal official” and inserting “the Director of the National Science Foundation, or any other Federal official”; and
(II) by striking “their availability” and inserting “the availability of those vessels”;
(vii) in paragraph (7), as so redesignated, by striking “; and” and inserting a semicolon; and
(viii) by adding at the end the following:
“(8) a plan for using small vessels, uncrewed systems, and partnerships to augment the requirements of NOAA for days at sea;
(9) the number of officers of the NOAA commissioned officer corps and professional wage mariners needed to operate and maintain the NOAA fleet, including the vessels identified under paragraph (3); and
(10) current and potential challenges with meeting the requirements under paragraph (9) and proposed solutions to those challenges.”; and
(E) by adding at the end the following:
“(c) Vessel procurement approval.— The National Oceanic and Atmospheric Administration may not procure vessels that are more than 65 feet in length without the approval of the Assistant Administrator of NOAA for Marine and Aviation Operations.”;
(3) in section 605 (33 U.S.C. 891c)—
(A) in subsection (a), in the matter preceding paragraph (1), by striking “working through the Office of the NOAA Corps Operations and the Systems Procurement Office” and inserting “acting through the Assistant Administrator of NOAA for Marine and Aviation Operations”; and
(B) in subsection (b)—
(i) by striking “shall” and all that follows through “submit to Congress” and inserting “, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives,”; and
(ii) by striking “subsequent”;
(4) in section 608 (33 U.S.C. 891f)—
(A) by striking subsection (b);
(B) by striking “(a) Vessel agreements.—”; and
(C) by inserting after “Secretary” the following: “, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations,”; and
(5) in section 610 (33 U.S.C. 891h)—
(A) in subsection (a), by striking “for carrying” and all that follows and inserting the following: “$93,000,000 for the period of fiscal years 2025 through 2026 to carry out this title and section 302 of the Fisheries Survey Vessel Authorization Act of 2000 (title III of Public Law 106–450; 114 Stat. 1945; 33 U.S.C. 891b note).”; and
(B) in subsection (b), by striking “National Oceanic and Atmospheric Administration fleet modernization” and inserting “NOAA fleet modernization,”.
(b) Fishery survey vessels.— Section 302(a) of the Fisheries Survey Vessel Authorization Act of 2000 (title III of Public Law 106–450; 114 Stat. 1945; 33 U.S.C. 891b note) is amended—
(1) by striking “may in accordance with this section” and inserting “may”;
(2) by striking “up to six”; and
(3) by inserting after “this section” the following: “and the NOAA Fleet Modernization Act (33 U.S.C. 891 et seq.)”.
(c) Notifications of proposed deactivation of vessels.— Section 401(b)(4) of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (Public Law 102–567; 106 Stat. 4291; 33 U.S.C. 891b note) is amended—
(1) by striking “(A)” and all that follows through “The Secretary” and inserting “The Secretary”;
(2) by striking “the Committee on Merchant Marine and Fisheries” and inserting “the Committee on Natural Resources and the Committee on Science, Space, and Technology”; and
(3) by striking “, if an equivalent” and all that follows through “deactivation”.
(a) In general.— Section 218 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3008) is amended—
(1) in the section heading, by striking “aviation accession training programs” and inserting “Cooperative Aviation Centers”;
(2) in subsection (a), by striking paragraphs (2) and (3) and inserting the following:
“(2) Cooperative Aviation Center.— The term Cooperative Aviation Center means a Cooperative Aviation Center designated under subsection (b)(1).”;
(3) in subsection (b)—
(A) in the subsection heading, by striking “Aviation Accession Training Programs” and inserting “Cooperative Aviation Centers”;
(B) by striking paragraphs (3) and (4);
(C) by redesignating paragraph (2) as paragraph (3);
(D) by striking paragraph (1) and inserting the following:
“(1) Designation required.— The Administrator shall designate one or more Cooperative Aviation Centers for the commissioned officer corps of the Administration at institutions described in paragraph (3).
(2) Purpose.— The purpose of Cooperative Aviation Centers is to facilitate the development and recruitment of aviators for the commissioned officer corps of the Administration.”; and
(E) in paragraph (3), as so redesignated—
(i) in the matter preceding subparagraph (A), inserting “that” after “educational institution”;
(ii) in subparagraph (A), by striking “that requests” and inserting “applies”;
(iii) in subparagraph (B)—
(I) by striking “that has” and inserting “has”; and
(II) by striking the semicolon and inserting “; and”;
(iv) in subparagraph (C)—
(I) by striking “that is located” and inserting “is located”;
(II) by striking clause (ii);
(III) by striking “that—” and all that follows through “experiences” and inserting “that experiences”; and
(IV) by striking “; and” and inserting a period; and
(v) by striking subparagraph (D); and
(4) by striking subsections (c), (d), and (e) and inserting the following:
“(c) Cooperative Aviation Centers advisor.—
(1) Assignment.— The Administrator shall assign an officer or employee of the commissioned officer corps of the Administration to serve as the Cooperative Aviation Centers Advisor.
(2) Duties.— The Cooperative Aviation Centers Advisor shall—
(A) coordinate all engagement of the Administration with Cooperative Aviation Centers, including assistance with curriculum development; and
(B) serve as the chief aviation recruiting officer for the commissioned officer corps of the Administration.”.
(b) Clerical amendment.— The table of contents in section 1 of the Act entitled “An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes” (Public Law 107–372) is amended by striking the item relating to section 218 and inserting the following:
(a) In general.— The National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3001 et seq.) is amended by inserting after section 269B the following new section:
“269C. Eligibility of former officers to compete for certain positions.—
(a) In general.— An individual who was separated from the commissioned officer corps of the Administration under honorable conditions after not fewer than 3 years of active service may not be denied the opportunity to compete for a vacant position with respect to which the agency in which the position is located will accept applications from individuals outside the workforce of that agency under merit promotion procedures.
(b) Type of appointment.— If selected for a position pursuant to subsection (a), an individual described in that subsection shall receive a career or career-conditional appointment, as appropriate.
(c) Announcements.— The area of consideration for a merit promotion announcement with respect to a position that includes consideration of individuals within the Federal service for that position shall—
(1) indicate that individuals described in subsection (a) are eligible to apply for the position; and
(2) be publicized in accordance with section 3327 of title 5, United States Code.
(d) Rule of construction.— Nothing in this section may be construed to confer an entitlement to veterans’ preference that is not otherwise required by any statute or regulation relating to veterans’ preference.
(e) Regulations.— The Director of the Office of Personnel Management shall prescribe regulations necessary for the administration of this section.
(f) Reporting requirement.— Not later than 3 years after the date of enactment of the Coast Guard Authorization Act of 2025, the Administrator shall submit to the Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and the Committees on Natural Resources and Science, Space, and Technology of the House of Representatives a report which includes the following:
(1) A description of how the Administrator has utilized the authority granted under this section, including the number and locations of individuals hired utilizing the authority granted under this section.
(2) An overview of the impact to Federal employment for former members of the commissioned officer corps of the Administration as a result of the authority granted under this section.
(g) Sunset.— This section shall be repealed on the date that is 5 years after the date of enactment of the Coast Guard Authorization Act of 2025.”.
(b) Clerical amendment.— The table of contents in section 1 of such Act is amended by inserting after the item relating to section 269B the following new item:
Section 216(c)(2)(B) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3006(c)(2)(B)) is amended by striking “misconduct or grossly negligent conduct” and inserting “willful misconduct”.
Section 241(c) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3041(c)) is amended to read as follows:
“(c) Effective date of retirements and separations.—
(1) In general.— Subject to paragraph (2), a retirement or separation under subsection (a) shall take effect on such date as is determined by the Secretary.
(2) Determination of date.— The effective date determined under paragraph (1) for a retirement or separation under subsection (a) shall be—
(A) except as provided by subparagraph (B), not earlier than 60 days after the date on which the Secretary approves the retirement or separation; or
(B) if the officer concerned requests an earlier effective date, such earlier date as is determined by the Secretary.”.
Section 223(b) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (30 U.S.C. 3023(b)) is amended—
(1) by striking “permanent”; and
(2) by striking “the officer’s commission shall be revoked and”.
(a) In general.— Section 204 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020 (33 U.S.C. 3079–1) is repealed.
(b) Clerical amendment.— The table of contents in section 1(b) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020 (Public Law 116–259; 134 Stat. 1153) is amended by striking the item relating to section 204.
Section 548 of title 40, United States Code, is amended—
(1) by striking “The Maritime” and inserting “(a) In General.—Except as provided in subsection (b), the Maritime”; and
(2) by adding at the end the following:
“(b) National Oceanic and Atmospheric Administration vessels and equipment.—
(1) Authority.— The Administrator of the National Oceanic and Atmospheric Administration may dispose of covered vessels and equipment, which would otherwise be disposed of under subsection (a), through sales or transfers under this title.
(2) Use of proceeds.— During the 2-year period beginning of the date of enactment of the Coast Guard Authorization Act of 2025, notwithstanding section 571 of this title or section 3302 of title 31, the Administrator of the National Oceanic and Atmospheric Administration may—
(A) retain the proceeds from the sale or transfer of a covered vessel or equipment under paragraph (1) until expended under subparagraph (B); and
(B) use such proceeds, without fiscal year limitation, for the acquisition of new covered vessels and equipment or the repair and maintenance of existing covered vessels and equipment.
(3) Covered vessels and equipment defined.— In this subsection, the term covered vessels and equipment means survey and research vessels and related equipment owned by the Federal Government and under the control of the National Oceanic and Atmospheric Administration.”.
Except as otherwise expressly provided, wherever in this subtitle 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 South Pacific Tuna Act of 1988 (16 U.S.C. 973 et seq.).
(a) Applicable national law.— Section 2(4) (16 U.S.C. 973(4)) is amended by striking “described in paragraph 1(a) of Annex I of” and inserting “noticed and in effect in accordance with”.
(b) Closed area.— Section 2(5) (16 U.S.C. 973(5)) is amended by striking “of the closed areas identified in Schedule 2 of Annex I of” and inserting “area within the jurisdiction of a Pacific Island Party that is closed to vessels pursuant to a national law of that Pacific Island Party and is noticed and in effect in accordance with”.
(c) Fishing.— Section 2(6) (16 U.S.C. 973(6)) is amended—
(1) in subparagraph (C), by inserting “for any purpose” after “harvesting of fish”; and
(2) by amending subparagraph (F) to read as follows:
“(F) use of any other vessel, vehicle, aircraft, or hovercraft for any activity described in this paragraph except for emergencies involving the health or safety of the crew or the safety of a vessel.”.
(d) Fishing vessel; vessel.— Section 2(7) (16 U.S.C. 973(7)) is amended by striking “commercial fishing” and inserting “commercial purse seine fishing for tuna”.
(e) Licensing area.— Section 2(8) (16 U.S.C. 973(8)) is amended by striking “in the Treaty Area” and all that follows and inserting “under the jurisdiction of a Pacific Island Party, except for internal waters, territorial seas, archipelagic waters, and any Closed Area.”.
(f) Limited area; party; treaty area.— Section 2 (16 U.S.C. 973) is amended—
(1) by striking paragraphs (10), (13), and (18);
(2) by redesignating paragraphs (11) and (12) as paragraphs (10) and (11), respectively;
(3) by redesignating paragraph (14) as paragraph (12); and
(4) by redesignating paragraphs (15) through (17) as paragraphs (14) through (16), respectively.
(g) Regional terms and conditions.— Section 2 (16 U.S.C. 973) is amended by inserting after paragraph (12), as redesignated by subsection (f)(3), the following:
“(13) The term regional terms and conditions means any of the terms or conditions attached by the Administrator to a license issued by the Administrator, as notified by the Secretary.”.
(a) In general.— Section 5(a) (16 U.S.C. 973c(a)) is amended—
(1) in the matter preceding paragraph (1), by striking “Except as provided in section 6 of this Act, it” and inserting “It”;
(2) by striking paragraphs (3) and (4);
(3) by redesignating paragraphs (5) through (13) as paragraphs (3) through (11), respectively;
(4) in paragraph (3), as so redesignated, by inserting “, except in accordance with an agreement pursuant to the Treaty” after “Closed Area”;
(5) in paragraph (10), as so redesignated, by striking “or” at the end;
(6) in paragraph (11), as so redesignated, by striking the period at the end and inserting a semicolon; and
(7) by adding at the end the following:
“(12) to violate any of the regional terms and conditions; or
(13) to violate any limit on an authorized fishing effort or catch.”.
(b) In the licensing area.— Section 5(b) (16 U.S.C. 973c(b)) is amended—
(1) in the matter preceding paragraph (1), by striking “Except as provided in section 6 of this Act, it” and inserting “It”;
(2) by striking paragraph (5); and
(3) by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively.
Section 6 (16 U.S.C. 973d) is repealed.
Section 7(a) (16 U.S.C. 973e(a)) is amended by striking “section 5(a) (8), (10), (11), or (12)” and inserting “paragraph (6), (8), (9), or (10) of section 5(a)”.
(a) Amount.— Section 8(a) (16 U.S.C. 973f(a)) is amended—
(1) in the first sentence, by striking “Code” after “liable to the United States”; and
(2) in the fourth sentence, by striking “Except for those acts prohibited by section 5(a) (4), (5), (7), (8), (10), (11), and (12), and section 5(b) (1), (2), (3), and (7) of this Act, the” and inserting “The”.
(b) Waiver of referral to attorney general.— Section 8(g) (16 U.S.C. 973f(g)) is amended—
(1) in the matter preceding paragraph (1), by striking “section 5(a)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (13)” and inserting “paragraph (1), (2), (3), (4), (5), (6), (7), (11), (12), or (13) of section 5(a)”; and
(2) in paragraph (2), by striking “, all Limited Areas closed to fishing,” after “outside of the Licensing Area”.
(a) Forwarding of vessel license application.— Section 9(b) (16 U.S.C. 973g(b)) is amended to read as follows:
“(b) In accordance with subsection (e), and except as provided in subsection (f), the Secretary shall forward a vessel license application to the Administrator whenever such application is in accordance with application procedures established by the Secretary.”.
(b) Fees and schedules.— Section 9(c) (16 U.S.C. 973g(c)) is amended to read as follows:
“(c) Fees required under the Treaty shall be paid in accordance with the Treaty and any procedures established by the Secretary.”.
(c) Minimum fees required to be received in initial year; grounds for denial of forwarding of license application; grandfathering of certain vessels.— Section 9 (16 U.S.C. 973g) is amended—
(1) by striking subsection (f);
(2) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively;
(3) by amending subsection (f), as so redesignated, to read as follows:
“(f) The Secretary, in consultation with the Secretary of State, may determine that a license application should not be forwarded to the Administrator if—
(1) the application is not in accordance with the Treaty or the procedures established by the Secretary; or
(2) the owner or charterer—
(A) is the subject of proceedings under the bankruptcy laws of the United States, unless reasonable financial assurances have been provided to the Secretary;
(B) has not established to the satisfaction of the Secretary that the fishing vessel is fully insured against all risks and liabilities normally provided in maritime liability insurance; or
(C) has not paid any penalty which has become final, assessed by the Secretary in accordance with this Act.”; and
(4) in subsection (g), as redesignated by paragraph (2)—
(A) by amending paragraph (1) to read as follows:
“(1) section 12113 of title 46, United States Code;”;
(B) in paragraph (2), by inserting “of 1972” after “Marine Mammal Protection Act”;
(C) in paragraph (3), by inserting “of 1972” after “Marine Mammal Protection Act”; and
(D) in the matter following paragraph (3), by striking “any vessel documented” and all that follows and inserting the following:
(a) Notice requirements to Pacific Island Party concerning institution of legal proceedings.— Section 10(c)(1) (16 U.S.C. 973h(c)(1)) is amended—
(1) in the first sentence, by striking “paragraph 8 of Article 4 of”; and
(2) in the third sentence, by striking “Article 10 of”.
(b) Searches and seizures by authorized officers.— Section 10(d)(1)(A) (16 U.S.C. 973h(d)(1)(A)) is amended—
(1) in clause (ii), by striking “or” at the end; and
(2) in clause (iii), by adding “or” at the end.
(a) Order of vessel To leave waters upon failure To submit to jurisdiction of Pacific Island Party; procedure applicable.— Section 11(a) (16 U.S.C. 973i(a)) is amended—
(1) in the matter preceding paragraph (1), by striking “, all Limited Areas,”;
(2) in paragraph (1)—
(A) in subparagraph (A), by striking “paragraph 2 of Article 3 of”; and
(B) in subparagraph (C), by striking “within the Treaty Area” and inserting “under the jurisdiction”; and
(3) in paragraph (2)—
(A) in subparagraph (A), by striking “section 5 (a)(4), (a)(5), (b)(2), or (b)(3)” and inserting “paragraph (3) of section 5(a) or paragraph (2) or (3) of section 5(b)”;
(B) in subparagraph (B), by striking “section 5(b)(7)” and inserting “section 5(b)(6)”; and
(C) in subparagraph (C), by striking “section 5(a)(7)” and inserting “section 5(a)(5)”.
(b) Order of vessel To leave waters where pacific island party investigating alleged treaty infringement.— Section 11(b) (16 U.S.C. 973i(b)) is amended by striking “paragraph 7 of Article 5 of”.
Section 12 (16 U.S.C. 973j) is amended to read as follows:
“12. Disclosure of information.—
(a) Prohibited disclosure of certain information.— Pursuant to section 552(b)(3) of title 5, United States Code, except as provided in subsection (b), the Secretary shall keep confidential and may not disclose the following information:
(1) Information provided to the Secretary by the Administrator that the Administrator has designated confidential.
(2) Information collected by observers.
(3) Information submitted to the Secretary by any person in compliance with the requirements of this Act.
(b) Authorized disclosure of certain information.— The Secretary may disclose information described in subsection (a)—
(1) if disclosure is ordered by a court;
(2) if the information is used by a Federal employee—
(A) for enforcement; or
(B) in support of the homeland security missions and non-homeland security missions of the Coast Guard as defined in section 888 of the Homeland Security Act of 2002 (6 U.S.C. 468);
(3) if the information is used by a Federal employee or an employee of a Fishery Management Council for the administration of the Treaty or fishery management and monitoring;
(4) to the Administrator, in accordance with the requirements of the Treaty and this Act;
(5) to the secretariat or equivalent of an international fisheries management organization of which the United States is a member, in accordance with the requirements or decisions of such organization, and insofar as possible, in accordance with an agreement that prevents public disclosure of the identity of any person that submits such information;
(6) if the Secretary has obtained written authorization from the person providing such information, and disclosure does not violate other requirements of this Act; or
(7) in an aggregate or summary form that does not directly or indirectly disclose the identity of any person that submits such information.
(c) Savings clause.—
(1) Nothing in this section shall be construed to adversely affect the authority of Congress, including a Committee or Member thereof, to obtain any record or information.
(2) The absence of a provision similar to paragraph (1) in any other provision of law shall not be construed to limit the ability of the Senate or the House of Representatives, including a Committee or Member thereof, to obtain any record or information.”.
Section 13 (16 U.S.C. 973k) is amended by striking “. In particular, the boom shall be lowered” and all that follows and inserting “and in accordance with any requirements established by the Secretary.”.
Section 14 (16 U.S.C. 973l) is repealed.
Section 15 (16 U.S.C. 973m) is amended to read as follows:
“15. Fisheries-related assistance.— The Secretary and the Secretary of State may provide assistance to a Pacific Island Party to benefit such Pacific Island Party from the development of fisheries resources and the operation of fishing vessels that are licensed pursuant to the Treaty, including—
(1) technical assistance;
(2) training and capacity building opportunities;
(3) facilitation of the implementation of private sector activities or partnerships; and
(4) other activities as determined appropriate by the Secretary and the Secretary of State.”.
Section 16 (16 U.S.C. 973n) is amended—
(1) by striking “Article 6 of” after “arbitral tribunal under”; and
(2) by striking “paragraph 3 of that Article” and all that follows through “under such paragraph” and inserting “the Treaty, shall determine the location of the arbitration, and shall represent the United States in reaching agreement under the Treaty”.
Section 17 (16 U.S.C. 973o) is amended by striking “Article 4 of”.
Section 18 (16 U.S.C. 973p) is amended by striking “Within 30 days after” and all that follows and inserting “The Secretary may establish procedures for review of any agreements for additional fishing access entered into pursuant to the Treaty.”.
(a) Short title.— This section may be cited as the “North Pacific Research Board Enhancement Act”.
(b) Amendments.— Section 401(e) of the Department of the Interior and Related Agencies Appropriations Act, 1998 (43 U.S.C. 1474d(e)) is amended—
(1) in paragraph (3)—
(A) in subparagraph (L), by striking “and” after the semicolon;
(B) in subparagraph (M), by striking the period at the end and inserting a semicolon;
(C) in subparagraph (N), by striking the period at the end and inserting “; and”;
(D) by inserting after subparagraph (N) the following:
“(O) one member who shall represent Alaska Natives and possesses personal knowledge of, and direct experience with, subsistence uses and shall be nominated by the Board and appointed by the Secretary.”; and
(E) by adding at the end the following: “Board members appointed under subparagraphs (N) and (O) shall serve for 3-year terms, and may be reappointed once.”;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
“(5) If the amount made available for a fiscal year under subsection (c)(2) is less than the amount made available in the previous fiscal year, the Administrator of the National Oceanic and Atmospheric Administration may increase the 15 percent cap on administrative expenses provided under paragraph (4)(B) for that fiscal year to prioritize—
(A) continuing operation of the Board;
(B) maximizing the percentage of funds directed to research; and
(C) maintaining the highest quality standards in administering grants under this subsection.”.
(c) Waiver.— Beginning on the date of enactment of this Act and ending on the date that is 5 years after such date of enactment, the 15 percent cap on funds to provide support for the North Pacific Research Board and administer grants under section 401(e)(4)(B) of the Department of the Interior and Related Agencies Appropriations Act, 1998 (43 U.S.C. 1474d(e)(4)(B)) shall be waived.