Document YDK9ndV8waYzG7YD042aG0OmV

BOM24567 S6J 34 1 Act of 2024) an update to the strategy developed under 2 subsection (a) not less often than every 5 years. 3 "(e) PUBLIC AVAILABILITY; IMPLEMENTATION 4 PLAN.--Not later than 6 months after the submission of 5 a strategy or update under subsection (a), the Maritime 6 Security Advisor, in consultation with the Maritime Secu- 7 rity Board, shall make publicly available on an appropriate 8 website each strategy or updated strategy and an imple- 9 mentation plan for such strategy or update.". 10 SEC. 102. MARITIME TRANSPORTATION SYSTEM NATIONAL 11 ADVISORY COMMITTEE. 12 Section 50402 is amended- 13 (1) in subsection (b), by striking "Secretary of 14 Transportation" and inserting "Maritime Security 15 Advisor and Maritime Security Board"; and 16 (2) in subsection (c)- 17 (A) in paragraph (1), by striking "by the 18 Secretary of Transportation"; 19 (B) by striking paragraph (3) and insert- 20 ing the following: 21 "(3) REPRESENTATION.--Members of the Com- 22 mittee shall be appointed as follows: 23 "(A) The Maritime Security Advisor shall 24 appoint the following members of the Com- 25 mittee: OST-2025-1200 Page 00405 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012086 B0M24567 S6J S.L.C. 35 1 "(i) At least one member to represent 2 the Environmental Protection Agency. 3 "(ii) At least one member to represent 4 the Department of Commerce. 5 "(iii) At least one member to rep- 6 resent the Corps of Engineers. 7 "(iv) At least one member to rep- 8 resent the Coast Guard. 9 "(v) At least one member to represent 10 Customs and Border Protection. 11 "(vi) At least one member to rep- 12 resent the Maritime Administration. 13 "(vii) At least one member to rep- 14 resent the Department of Agriculture. 15 "(viii) At least one member to rep- 16 resent the State Department. 17 "(ix) At least one member to rep- 18 resent State and local governmental enti- 19 ties. 20 "(B) Additional members shall represent 21 private sector entities that reflect a cross-sec- 22 tion of maritime industries, including 23 credentialed United States merchant mariners, 24 port and water stakeholders, academia, and 25 labor, of whom-- OST-2025-1200 Page 00406 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012087 B0M24567 S6J S.L.C. 36 1 "(i) 3 shall be appointed by the ma- 2 jority leader of the Senate; 3 "(ii) 3 shall be appointed by the mi- 4 nority leader of the Senate; 5 "(iii) 3 shall be appointed by the 6 Speaker of the House of Representatives; 7 and 8 "(iv) 3 shall be appointed by the mi- 9 nority leader of the House of Representa- 10 tives. 11 "(C) The Maritime Security Advisor may 12 appoint additional members of the Committee, 13 including additional representatives from the 14 United States Merchant Marine Academy, State 15 maritime academies, or other Federal agencies, 16 as the Secretary considers appropriate."; and 17 (C) in paragraph (4), by redesignating 18 subparagraphs (A) and (B) as clauses (i) and 19 (ii), respectively, and adjusting the margins ac- 20 cordingly; 21 (D) by redesignating paragraph (4) as sub- 22 paragraph (A) and adjusting the margins ac- 23 cordingly; 24 (E) by inserting after paragraph (3) the 25 following: OST-2025-1200 Page 00407 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012088 B0M24567 S6J S.L.C. 37 1 "(4) RESTRICTIONS ON MEMBERS.--"; and 2 (F) at the end of paragraph (4), as so des- 3 ignated, by inserting the following: 4 "(B) RESTRICTIONS ON ADDITIONAL MEM- 5 BERS.--Members appointed under this para- 6 graph that are not representing Federal agen- 7 cies-- 8 "(i) shall remain on the Committee 9 for a term of 3 years from the date that 10 the member is appointed; and 11 "(ii) may not serve more than 2 con- 12 secutive terms.". 13 SEC. 103. DIRECT HIRE AUTHORITY. 14 (a) AlARirrimE ALYm I N ISTRATION DIRECT HIRE AU- 15 THORITY.- 16 (1) IN GENERAL.--The Maritime Administrator 17 may appoint, without regard to the provisions of sec- 18 tions 3309 through 3319 of title 5, United States 19 Code, candidates needed for positions within the 20 Maritime Administration for which- 21 (A) public notice has been given; 22 (B) the Administrator has determined that 23 a critical hiring need exists; and OST-2025-1200 Page 00408 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012089 BOM24567 S6J S.L.C. 38 1 (C) the Administrator has consulted with 2 the Director of the Office of Personnel Manage- 3 ment regarding- 4 (i) the positions for which the Admin- 5 istrator plans to recruit; 6 (ii) the quantity of candidates Admin- 7 istrator is seeking; and 8 (iii) the assessment and selection poli- 9 cies the Administrator plans to utilize. 10 (2) DEFINITION OF CRITICAL HIRING NEED.- 11 In this subsection, the term "critical hiring need" 12 means personnel necessary for the implementation of 13 this Act and associated work. 14 (b) COAST GUARD DIRECT HIRE AUTHORITY.- 15 (1) IN GENERAL.--The Secretary of the depart- 16 ment in which the Coast Guard is operating may ap- 17 point, without regard to the provisions of sections 18 3309 through 3319 of title 5, United States Code, 19 candidates needed for positions within offices under 20 the Assistant Commandant for Prevention Policy of 21 the Coast Guard, for which- 22 (A) public notice has been given; 23 (B) the Secretary has determined that a 24 critical hiring need exists; and OST-2025-1200 Page 00409 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012090 B0M24567 S6J S.L.C. 39 1 (C) the Secretary has consulted with the 2 Director of the Office of Personnel Management 3 regarding- 4 (i) the positions for which the Sec- 5 retary plans to recruit; 6 (ii) the quantity of candidates Sec- 7 retary is seeking; and 8 (iii) the assessment and selection poli- 9 cies the Secretary plans to utilize. 10 (2) DEFINITION OF CRITICAL HIRING NEED.- 11 In this subsection, the term "critical hiring need" 12 means personnel necessary for the implementation of 13 this Act and associated work. 14 SEC. 104. IMPLEMENTATION PLAN. 15 (a) IMPLEMENTATION PLAN REQUIRED.--Not later 16 than 60 days after the date of enactment of this Act, the 17 Maritime Administrator and the Secretary of the depart- 18 anent in which the Coast Guard is operating shall each 19 submit to the appropriate committees of Congress and the 20 Maritime Security Board a separate implementation plan 21 for carrying out this Act, and the amendments made by 22 this Act. 23 (b) ELEMENTS.--Each implementation plan required 24 under subsection (a) shall include, for each action required 25 of the Maritime Administrator and the Secretary of the OST-2025-1200 Page 00410 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012091