[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2206 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 688
114th CONGRESS
  2d Session
                                S. 2206

                          [Report No. 114-384]

    To reduce the incidence of sexual harassment and assault at the 
  National Oceanic and Atmospheric Administration, to reauthorize the 
 National Oceanic and Atmospheric Administration Commissioned Officer 
    Corps Act of 2002, and to reauthorize the Hydrographic Services 
            Improvement Act of 1998, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 26, 2015

   Mr. Sullivan (for himself, Mr. Schatz, Mr. Thune, Mr. Nelson, Ms. 
  Cantwell, Mr. Grassley, Mr. Wicker, Ms. Ayotte, and Ms. Murkowski) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

                           November 28, 2016

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
    To reduce the incidence of sexual harassment and assault at the 
  National Oceanic and Atmospheric Administration, to reauthorize the 
 National Oceanic and Atmospheric Administration Commissioned Officer 
    Corps Act of 2002, and to reauthorize the Hydrographic Services 
            Improvement Act of 1998, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``National 
Oceanic and Atmospheric Administration Sexual Harassment and Assault 
Prevention Act''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
   <DELETED>TITLE I--SEXUAL HARASSMENT AND ASSAULT PREVENTION AT THE 
            NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

<DELETED>Sec. 101. Actions to address sexual harassment at National 
                            Oceanic and Atmospheric Administration.
<DELETED>Sec. 102. Actions to address sexual assault at National 
                            Oceanic and Atmospheric Administration.
<DELETED>Sec. 103. Rights of the victim of a sexual assault.
<DELETED>Sec. 104. Change of station.
<DELETED>Sec. 105. Applicability of policies to crews of vessels 
                            secured by National Oceanic and Atmospheric 
                            Administration under contract.
<DELETED>Sec. 106. Annual report on sexual assaults in the National 
                            Oceanic and Atmospheric Administration.
<DELETED>Sec. 107. Definition.
 <DELETED>TITLE II--COMMISSIONED OFFICER CORPS OF THE NATIONAL OCEANIC 
                     AND ATMOSPHERIC ADMINISTRATION

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

<DELETED>Sec. 211. Strength and distribution in grade.
<DELETED>Sec. 212. Recalled officers.
<DELETED>Sec. 213. Obligated service requirement.
<DELETED>Sec. 214. Training and physical fitness.
<DELETED>Sec. 215. Recruiting materials.
<DELETED>Sec. 216. Charter vessel safety policy.
<DELETED>Sec. 217. Technical correction.
              <DELETED>Subtitle B--Parity and Recruitment

<DELETED>Sec. 221. Education loans.
<DELETED>Sec. 222. Interest payments.
<DELETED>Sec. 223. Student pre-commissioning program.
<DELETED>Sec. 224. Limitation on educational assistance.
<DELETED>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.
<DELETED>Sec. 226. Applicability of certain provisions of title 37, 
                            United States Code.
<DELETED>Sec. 227. Legion of Merit award.
<DELETED>Sec. 228. Prohibition on retaliatory personnel actions.
<DELETED>Sec. 229. Penalties for wearing uniform without authority.
<DELETED>Sec. 230. Application of certain provisions of competitive 
                            service law.
<DELETED>Sec. 231. Employment and reemployment rights.
<DELETED>Sec. 232. Treatment of commission in commissioned officer 
                            corps for purposes of certain hiring 
                            decisions.
<DELETED>Sec. 233. Direct hire authority.
      <DELETED>Subtitle C--Appointments and Promotion of Officers

<DELETED>Sec. 241. Appointments.
<DELETED>Sec. 242. Personnel boards.
<DELETED>Sec. 243. Delegation of authority.
<DELETED>Sec. 244. Assistant Administrator of the Office of Marine and 
                            Aviation Operations.
<DELETED>Sec. 245. Temporary appointments.
<DELETED>Sec. 246. Officer candidates.
<DELETED>Sec. 247. Procurement of personnel.
       <DELETED>Subtitle D--Separation and Retirement of Officers

<DELETED>Sec. 251. Involuntary retirement or separation.
<DELETED>Sec. 252. Separation pay.
               <DELETED>TITLE III--HYDROGRAPHIC SERVICES

<DELETED>Sec. 301. Reauthorization of Hydrographic Services Improvement 
                            Act of 1998.

   <DELETED>TITLE I--SEXUAL HARASSMENT AND ASSAULT PREVENTION AT THE 
       NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION</DELETED>

<DELETED>SEC. 101. ACTIONS TO ADDRESS SEXUAL HARASSMENT AT NATIONAL 
              OCEANIC AND ATMOSPHERIC ADMINISTRATION.</DELETED>

<DELETED>    (a) Required Policy.--Not later than 1 year after the date 
of the enactment of this Act, the Secretary of Commerce shall, acting 
through the Under Secretary for Oceans and Atmosphere, develop a policy 
on the prevention of and response to sexual harassment involving 
employees of the National Oceanic and Atmospheric Administration, 
members of the commissioned officer corps of the Administration, and 
individuals who work with or conduct business on behalf of the 
Administration.</DELETED>
<DELETED>    (b) Matters To Be Specified in Policy.--The policy 
developed under subsection (a) shall include--</DELETED>
        <DELETED>    (1) a program to promote awareness of the 
        incidence of sexual harassment; and</DELETED>
        <DELETED>    (2) clear procedures an individual should follow 
        in the case of an occurrence of sexual harassment, including--
        </DELETED>
                <DELETED>    (A) a specification of the person or 
                persons to whom an alleged occurrence of sexual 
                harassment should be reported by an individual and 
                options for confidential reporting, including--
                </DELETED>
                        <DELETED>    (i) options for after-hours 
                        contact; and</DELETED>
                        <DELETED>    (ii) procedures for assistance 
                        while working in a remote scientific field 
                        camp, at sea, or in another field status; 
                        and</DELETED>
                <DELETED>    (B) a specification of any other person 
                whom the victim should contact.</DELETED>
<DELETED>    (c) Availability of Policy.--The Secretary shall ensure 
that the policy developed under subsection (a) is available to all 
employees of the Administration and members of the commissioned officer 
corps of the Administration, including those employees and members who 
conduct field work for the Administration.</DELETED>
<DELETED>    (d) Geographic Distribution of Equal Employment 
Opportunity Personnel.--The Secretary shall ensure that at least 1 
employee of the Administration who is tasked with handling matters 
relating to equal employment opportunity or sexual harassment is 
stationed--</DELETED>
        <DELETED>    (1) in each region in which the Administration 
        conducts operations; and</DELETED>
        <DELETED>    (2) in each marine and aviation center of the 
        Administration.</DELETED>
<DELETED>    (e) Quarterly Reports.--</DELETED>
        <DELETED>    (1) In general.--Not less frequently than 4 times 
        each year, the Director of the Civil Rights Office of the 
        Administration shall submit to the Assistant Administrator of 
        the Office of Marine and Aviation Operations a report on sexual 
        harassment in the Administration.</DELETED>
        <DELETED>    (2) Contents.--Each report submitted under 
        paragraph (1) shall include the following:</DELETED>
                <DELETED>    (A) Number of sexual harassment cases, 
                both actionable and non-actionable, involving 
                individuals covered by the policy developed under 
                subsection (a).</DELETED>
                <DELETED>    (B) Such trends or region specific issues 
                as the Director may have discovered with respect to 
                sexual harassment in the Administration.</DELETED>
                <DELETED>    (C) Such recommendations as the Director 
                may have with respect to sexual harassment in the 
                Administration.</DELETED>

<DELETED>SEC. 102. ACTIONS TO ADDRESS SEXUAL ASSAULT AT NATIONAL 
              OCEANIC AND ATMOSPHERIC ADMINISTRATION.</DELETED>

<DELETED>    (a) Comprehensive Policy on Prevention and Response to 
Sexual Assaults.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Commerce shall, acting through the Under 
Secretary for Oceans and Atmosphere, develop a comprehensive policy on 
the prevention of and response to sexual assaults involving employees 
of the National Oceanic and Atmospheric Administration, members of the 
commissioned officer corps of the Administration, and individuals who 
work with or conduct business on behalf of the 
Administration.</DELETED>
<DELETED>    (b) Elements of Comprehensive Policy.--The comprehensive 
policy developed under subsection (a) shall, at a minimum, address the 
following matters:</DELETED>
        <DELETED>    (1) Prevention measures.</DELETED>
        <DELETED>    (2) Education and training on prevention and 
        response.</DELETED>
        <DELETED>    (3) Clear procedures an individual should follow 
        in the case of an occurrence of sexual assault, including--
        </DELETED>
                <DELETED>    (A) a specification of the person or 
                persons to whom an alleged occurrence of sexual assault 
                should be reported by an individual and options for 
                confidential reporting, including--</DELETED>
                        <DELETED>    (i) options for after-hours 
                        contact; and</DELETED>
                        <DELETED>    (ii) procedures for assistance 
                        while working in a remote scientific field 
                        camp, at sea, or in another field 
                        status;</DELETED>
                <DELETED>    (B) a specification of any other person 
                whom the victim should contact; and</DELETED>
                <DELETED>    (C) procedures on the preservation of 
                evidence necessary for investigation of the alleged 
                occurrence.</DELETED>
        <DELETED>    (4) Easy and ready availability of information 
        regarding the procedures described in paragraph (3).</DELETED>
        <DELETED>    (5) Investigation of complaints by command and law 
        enforcement personnel.</DELETED>
        <DELETED>    (6) Medical treatment of victims.</DELETED>
        <DELETED>    (7) Confidential reporting of incidents.</DELETED>
        <DELETED>    (8) Victims advocacy and intervention, including 
        establishment of victim advocates as described in subsection 
        (c).</DELETED>
        <DELETED>    (9) Oversight by the Assistant Administrator of 
        the Office of Marine and Aviation Operations of administrative 
        and disciplinary actions in response to substantiated incidents 
        of sexual assault.</DELETED>
        <DELETED>    (10) Liaison and collaboration with other Federal 
        agencies on the provision of services to victims of sexual 
        assault.</DELETED>
        <DELETED>    (11) Uniform collection of data on the incidence 
        of sexual assaults and on disciplinary actions taken in 
        substantiated cases of sexual assault.</DELETED>
<DELETED>    (c) Victim Advocacy.--</DELETED>
        <DELETED>    (1) In general.--The Secretary, acting through the 
        Under Secretary, shall establish victim advocates to advocate 
        for victims of sexual assaults involving employees of the 
        Administration, members of the commissioned officer corps of 
        the Administration, and individuals who work with or conduct 
        business on behalf of the Administration.</DELETED>
        <DELETED>    (2) Victim advocates.--For purposes of this 
        subsection, a victim advocate is a permanent employee of the 
        Administration who--</DELETED>
                <DELETED>    (A) is trained in matters relating to 
                sexual assault and the comprehensive policy developed 
                under subsection (a); and</DELETED>
                <DELETED>    (B) serves as a victim advocate 
                voluntarily and in addition to the employee's other 
                duties as an employee of the Administration.</DELETED>
        <DELETED>    (3) Primary duties.--The primary duties of a 
        victim advocate established under paragraph (1) shall include 
        the following:</DELETED>
                <DELETED>    (A) Supporting victims of sexual assault 
                and informing them of their rights and the resources 
                available to them as victims.</DELETED>
                <DELETED>    (B) Acting as a companion in navigating 
                investigative, medical, mental and emotional health, 
                and recovery processes relating to sexual 
                assault.</DELETED>
                <DELETED>    (C) Helping ensure the safety of victims 
                of sexual assault.</DELETED>
        <DELETED>    (4) Location.--The Secretary shall ensure that at 
        least 1 victim advocate established under paragraph (1) is 
        stationed--</DELETED>
                <DELETED>    (A) in each region in which the 
                Administration conducts operations; and</DELETED>
                <DELETED>    (B) in each marine and aviation center of 
                the Administration.</DELETED>
        <DELETED>    (5) Hotline.--</DELETED>
                <DELETED>    (A) In general.--In carrying out this 
                subsection, the Secretary shall establish a telephone 
                number at which a victim of a sexual assault can get in 
                touch with a victim advocate.</DELETED>
                <DELETED>    (B) 24-hour access.--The Secretary shall 
                ensure that the telephone number established under 
                subparagraph (A) is monitored at all times.</DELETED>
<DELETED>    (d) Availability of Policy.--The Secretary shall ensure 
that the policy developed under subsection (a) is available to all 
employees of the Administration and members of the commissioned officer 
corps of the Administration, including those employees and members who 
conduct field work for the Administration.</DELETED>

<DELETED>SEC. 103. RIGHTS OF THE VICTIM OF A SEXUAL ASSAULT.</DELETED>

<DELETED>    A victim of a sexual assault covered by the comprehensive 
policy developed under section 102(a) has the right to be reasonably 
protected from the accused.</DELETED>

<DELETED>SEC. 104. CHANGE OF STATION.</DELETED>

<DELETED>    (a) Change of Station, Unit Transfer, or Change of Work 
Location of Victims.--</DELETED>
        <DELETED>    (1) Timely consideration and action upon 
        request.--The Secretary of Commerce, acting through the Under 
        Secretary for Oceans and Atmosphere, shall--</DELETED>
                <DELETED>    (A) in the case of a member of the 
                commissioned officer corps of the National Oceanic and 
                Atmospheric Administration who was a victim of a sexual 
                assault, in order to reduce the possibility of 
                retaliation or further sexual assault, provide for 
                timely determination and action on an application 
                submitted by the victim for consideration of a change 
                of station or unit transfer of the victim; 
                and</DELETED>
                <DELETED>    (B) in the case of an employee of the 
                Administration who was a victim of a sexual assault, to 
                the degree practicable and in order to reduce the 
                possibility of retaliation against the employee for 
                reporting the sexual assault, accommodate a request for 
                a change of work location of the victim.</DELETED>
        <DELETED>    (2) Procedures.--</DELETED>
                <DELETED>    (A) Period for approval and disapproval.--
                The Secretary, acting through the Under Secretary, 
                shall ensure that an application or request submitted 
                under paragraph (1) for a change of station, unit 
                transfer, or change of work location is approved or 
                denied within 72 hours of the submission of the 
                application or request.</DELETED>
                <DELETED>    (B) Review.--If an application or request 
                submitted under paragraph (1) by a victim of a sexual 
                assault for a change of station, unit transfer, or 
                change of work location of the victim is denied--
                </DELETED>
                        <DELETED>    (i) the victim may request the 
                        Secretary review the denial; and</DELETED>
                        <DELETED>    (ii) the Secretary, acting through 
                        the Under Secretary, shall, not later than 72 
                        hours after receiving such request, affirm or 
                        overturn the denial.</DELETED>
<DELETED>    (b) Change of Station, Unit Transfer, and Change of Work 
Location of Alleged Perpetrators.--</DELETED>
        <DELETED>    (1) In general.--The Secretary, acting through the 
        Under Secretary, shall develop a policy for the protection of 
        victims of sexual assault described in subsection (a)(1) by 
        providing the alleged perpetrator of the sexual assault with a 
        change of station, unit transfer, or change of work location, 
        as the case may be, if the alleged perpetrator is a member of 
        the commissioned officer corps of the Administration or an 
        employee of the Administration.</DELETED>
        <DELETED>    (2) Policy requirements.--The policy required by 
        paragraph (1) shall include the following:</DELETED>
                <DELETED>    (A) A means to control access to the 
                victim.</DELETED>
                <DELETED>    (B) Due process for the victim and the 
                alleged perpetrator.</DELETED>
<DELETED>    (c) Regulations.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall promulgate 
        regulations to carry out this section.</DELETED>
        <DELETED>    (2) Consistency.--When practicable, the Secretary 
        shall make regulations promulgated under this section 
        consistent with similar regulations promulgated by the 
        Secretary of Defense.</DELETED>

<DELETED>SEC. 105. APPLICABILITY OF POLICIES TO CREWS OF VESSELS 
              SECURED BY NATIONAL OCEANIC AND ATMOSPHERIC 
              ADMINISTRATION UNDER CONTRACT.</DELETED>

<DELETED>    The Under Secretary for Oceans and Atmosphere shall ensure 
that each contract into which the Under Secretary enters for the use of 
a vessel by the National Oceanic and Atmospheric Administration that 
covers the crew of the vessel, if any, shall include as a condition of 
the contract a provision that subjects such crew to the policy 
developed under section 101(a) and the comprehensive policy developed 
under section 102(a).</DELETED>

<DELETED>SEC. 106. ANNUAL REPORT ON SEXUAL ASSAULTS IN THE NATIONAL 
              OCEANIC AND ATMOSPHERIC ADMINISTRATION.</DELETED>

<DELETED>    (a) In General.--Not later than January 15 of each year, 
the Secretary of Commerce shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Natural 
Resources of the House of Representatives a report on the sexual 
assaults involving employees of the National Oceanic and Atmospheric 
Administration, members of the commissioned officer corps of the 
Administration, and individuals who work with or conduct business on 
behalf of the Administration.</DELETED>
<DELETED>    (b) Contents.--Each report submitted under subsection (a) 
shall include, with respect to the previous calendar year, the 
following:</DELETED>
        <DELETED>    (1) The number of sexual assaults involving 
        employees, members, and individuals described in subsection 
        (a).</DELETED>
        <DELETED>    (2) A synopsis of each case and the disciplinary 
        action taken, if any, in each case.</DELETED>
        <DELETED>    (3) The policies, procedures, and processes 
        implemented by the Secretary.</DELETED>

<DELETED>SEC. 107. DEFINITION.</DELETED>

<DELETED>    In this title, the term ``sexual assault'' shall have the 
meaning given such term in section 920(b) of title 10, United States 
Code.</DELETED>

 <DELETED>TITLE II--COMMISSIONED OFFICER CORPS OF THE NATIONAL OCEANIC 
                AND ATMOSPHERIC ADMINISTRATION</DELETED>

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

<DELETED>    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.).</DELETED>

           <DELETED>Subtitle A--General Provisions</DELETED>

<DELETED>SEC. 211. STRENGTH AND DISTRIBUTION IN GRADE.</DELETED>

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

<DELETED>``SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.</DELETED>

<DELETED>    ``(a) Grades.--The commissioned grades in the commissioned 
officer corps of the Administration are the following, in relative rank 
with officers of the Navy:</DELETED>
        <DELETED>    ``(1) Vice admiral.</DELETED>
        <DELETED>    ``(2) Rear admiral.</DELETED>
        <DELETED>    ``(3) Rear admiral (lower half).</DELETED>
        <DELETED>    ``(4) Captain.</DELETED>
        <DELETED>    ``(5) Commander.</DELETED>
        <DELETED>    ``(6) Lieutenant commander.</DELETED>
        <DELETED>    ``(7) Lieutenant.</DELETED>
        <DELETED>    ``(8) Lieutenant (junior grade).</DELETED>
        <DELETED>    ``(9) Ensign.</DELETED>
<DELETED>    ``(b) Proportion.--</DELETED>
        <DELETED>    ``(1) In general.--The officers on the lineal list 
        shall be distributed in grade in the following 
        percentages:</DELETED>
                <DELETED>    ``(A) 8 in the grade of captain.</DELETED>
                <DELETED>    ``(B) 14 in the grade of 
                commander.</DELETED>
                <DELETED>    ``(C) 19 in the grade of lieutenant 
                commander.</DELETED>
        <DELETED>    ``(2) Grades below lieutenant commander.--The 
        Secretary shall prescribe, with respect to the distribution on 
        the lineal list in grade, the percentages applicable to the 
        grades of lieutenant, lieutenant (junior grade), and 
        ensign.</DELETED>
<DELETED>    ``(c) Annual Computation of Number in Grade.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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 \1/2\, 
        the next higher whole number shall be taken.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 212. RECALLED OFFICERS.</DELETED>

<DELETED>    Section 215 (33 U.S.C. 3005) is amended--</DELETED>
        <DELETED>    (1) in the matter before paragraph (1), by 
        striking ``Effective'' and inserting the following:</DELETED>
<DELETED>    ``(a) In General.--Effective''; and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        subsection:</DELETED>
<DELETED>    ``(b) Positions of Importance and Responsibility.--
Officers serving in positions designated under section 228 and officers 
recalled from retired status--</DELETED>
        <DELETED>    ``(1) may not be counted in determining the total 
        number of authorized officers on the lineal list under this 
        section; and</DELETED>
        <DELETED>    ``(2) may not count against such 
        number.''.</DELETED>

<DELETED>SEC. 213. OBLIGATED SERVICE REQUIREMENT.</DELETED>

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

<DELETED>``SEC. 216. OBLIGATED SERVICE REQUIREMENT.</DELETED>

<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(1) Rulemaking.--The Secretary shall prescribe 
        the obligated service requirements for appointments, training, 
        promotions, separations, continuations, and retirement of 
        officers not otherwise covered by law.</DELETED>
        <DELETED>    ``(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, and retirements as the Secretary 
        considers appropriate.</DELETED>
<DELETED>    ``(b) Repayment for Failure To Satisfy Requirements.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Obligation as debt to united states.--An 
        obligation to reimburse the Secretary under paragraph (1) shall 
        be considered for all purposes as a debt owed to the United 
        States.</DELETED>
        <DELETED>    ``(3) Discharge in bankruptcy.--A discharge in 
        bankruptcy under title 11 that is entered less than 5 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.</DELETED>
<DELETED>    ``(c) Waiver or Suspension of Compliance.--The Secretary 
may waive the service obligation of an officer who--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) is--</DELETED>
                <DELETED>    ``(A) not physically qualified for 
                appointment; and</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections in section 
1 of the Act entitled ``An Act to authorize the Hydrographic Service 
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:</DELETED>

<DELETED>``Sec. 216. Obligated service requirement.''.

<DELETED>SEC. 214. TRAINING AND PHYSICAL FITNESS.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 217. TRAINING AND PHYSICAL FITNESS.</DELETED>

<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Providing officers and officer candidates 
        with books and school supplies.</DELETED>
        <DELETED>    ``(3) Acquiring such equipment as may be necessary 
        for training and instructional purposes.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections in section 
1 of the Act entitled ``An Act to authorize the Hydrographic Service 
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:</DELETED>

<DELETED>``Sec. 217. Training and physical fitness.''.

<DELETED>SEC. 215. RECRUITING MATERIALS.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 218. USE OF RECRUITING MATERIALS FOR PUBLIC 
              RELATIONS.</DELETED>

<DELETED>    ``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.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections in section 
1 of the Act entitled ``An Act to authorize the Hydrographic Service 
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:</DELETED>

<DELETED>``Sec. 218. Use of recruiting materials for public 
                            relations.''.

<DELETED>SEC. 216. CHARTER VESSEL SAFETY POLICY.</DELETED>

<DELETED>    (a) Policy Required.--Not later than 1 year after the date 
of the enactment of this Act, the Secretary of Commerce shall, acting 
through the Under Secretary for Oceans and Atmosphere, develop and 
implement a charter vessel safety policy applicable to the acquisition 
by the National Oceanic and Atmospheric Administration of charter 
vessel services.</DELETED>
<DELETED>    (b) Elements.--The policy required by subsection (a) shall 
address vessel safety, operational safety, and basic personnel safety 
requirements applicable to the vessel size, type, and intended use. At 
a minimum, the policy shall include the following:</DELETED>
        <DELETED>    (1) Basic vessel safety requirements that address 
        stability, egress, fire protection and lifesaving equipment, 
        hazardous materials, and pollution control.</DELETED>
        <DELETED>    (2) Personnel safety requirements that address 
        crew qualifications, medical training and services, safety 
        briefings and drills, and crew habitability.</DELETED>
<DELETED>    (c) Limitation.--The Secretary shall ensure that the basic 
vessel safety requirements and personnel safety requirements included 
in the policy required by subsection (a)--</DELETED>
        <DELETED>    (1) do not exceed the vessel safety requirements 
        and personnel safety requirements promulgated by the Secretary 
        of the department in which the Coast Guard is operating; 
        and</DELETED>
        <DELETED>    (2) to the degree practicable, are consistent with 
        the requirements described in paragraph (1).</DELETED>

<DELETED>SEC. 217. TECHNICAL CORRECTION.</DELETED>

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

         <DELETED>Subtitle B--Parity and Recruitment</DELETED>

<DELETED>SEC. 221. EDUCATION LOANS.</DELETED>

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

<DELETED>``SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM.</DELETED>

<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) was used by the person to finance education; 
        and</DELETED>
        <DELETED>    ``(2) was obtained from a governmental entity, 
        private financial institution, educational institution, or 
        other authorized entity.</DELETED>
<DELETED>    ``(b) Eligible Persons.--To be eligible to obtain a loan 
repayment under this section, a person must--</DELETED>
        <DELETED>    ``(1) satisfy one of the requirements specified in 
        subsection (c);</DELETED>
        <DELETED>    ``(2) be fully qualified for, or hold, an 
        appointment as a commissioned officer in the commissioned 
        officer corps of the Administration; and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Loan Repayments.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Active Duty Service Obligation.--</DELETED>
        <DELETED>    ``(1) In general.--A person entering into an 
        agreement described in subsection (b)(3) incurs an active duty 
        service obligation.</DELETED>
        <DELETED>    ``(2) Length of obligation determined under 
        regulations.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Minimum obligation.--The regulations 
                prescribed under subparagraph (A) may not provide for a 
                period of obligation of less than 1 year for each 
                maximum annual amount, or portion thereof, paid on 
                behalf of the person for qualified loans.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Effect of Failure To Complete Obligation.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(g) Rulemaking.--The Secretary shall prescribe 
regulations to carry out this section, including--</DELETED>
        <DELETED>    ``(1) standards for qualified loans and authorized 
        payees; and</DELETED>
        <DELETED>    ``(2) other terms and conditions for the making of 
        loan repayments.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections in section 
1 of the Act entitled ``An Act to authorize the Hydrographic Service 
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:</DELETED>

<DELETED>``Sec. 267. Education loan repayment program.''.

<DELETED>SEC. 222. INTEREST PAYMENTS.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 268. INTEREST PAYMENT PROGRAM.</DELETED>

<DELETED>    ``(a) Authority.--The Secretary may pay the interest and 
any special allowances that accrue on 1 or more student loans of an 
eligible officer, in accordance with this section.</DELETED>
<DELETED>    ``(b) Eligible Officers.--An officer is eligible for the 
benefit described in subsection (a) while the officer--</DELETED>
        <DELETED>    ``(1) is serving on active duty;</DELETED>
        <DELETED>    ``(2) has not completed more than 3 years of 
        service on active duty;</DELETED>
        <DELETED>    ``(3) is the debtor on 1 or more unpaid loans 
        described in subsection (c); and</DELETED>
        <DELETED>    ``(4) is not in default on any such 
        loan.</DELETED>
<DELETED>    ``(c) Student Loans.--The authority to make payments under 
subsection (a) may be exercised with respect to the following 
loans:</DELETED>
        <DELETED>    ``(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.).</DELETED>
        <DELETED>    ``(2) A loan made under part D of such title (20 
        U.S.C. 1087a et seq.).</DELETED>
        <DELETED>    ``(3) A loan made under part E of such title (20 
        U.S.C. 1087aa et seq.).</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Coordination With Secretary of Education.--
</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall consult 
        with the Secretary of Education regarding the administration of 
        this section.</DELETED>
        <DELETED>    ``(2) Transfer of funds.--The Secretary shall 
        transfer to the Secretary of Education the funds necessary--
        </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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., and 1087aa et seq.).</DELETED>
<DELETED>    ``(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).''.</DELETED>
<DELETED>    (b) Conforming Amendments.--</DELETED>
        <DELETED>    (1) Section 428(o) of the Higher Education Act of 
        1965 (20 U.S.C. 1078(o)) is amended--</DELETED>
                <DELETED>    (A) by striking the subsection heading and 
                inserting ``Armed Forces and NOAA Commissioned Officer 
                Corps Student Loan Interest Payment Programs''; 
                and</DELETED>
                <DELETED>    (B) in paragraph (1)--</DELETED>
                        <DELETED>    (i) by inserting ``or section 264 
                        of the National Oceanic and Atmospheric 
                        Administration Commissioned Officer Corps Act 
                        of 2002'' after ``Code,''; and</DELETED>
                        <DELETED>    (ii) by inserting ``or an officer 
                        in the commissioned officer corps of the 
                        National Oceanic and Atmospheric 
                        Administration, respectively,'' after ``Armed 
                        Forces''.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) by striking the subsection heading and 
                inserting ``Armed Forces and NOAA Commissioned Officer 
                Corps Student Loan Interest Payment Programs''; 
                and</DELETED>
                <DELETED>    (B) in paragraph (1)--</DELETED>
                        <DELETED>    (i) by inserting ``or section 264 
                        of the National Oceanic and Atmospheric 
                        Administration Commissioned Officer Corps Act 
                        of 2002'' after ``Code,''; and</DELETED>
                        <DELETED>    (ii) by inserting ``or an officer 
                        in the commissioned officer corps of the 
                        National Oceanic and Atmospheric 
                        Administration, respectively'' after ``Armed 
                        Forces''.</DELETED>
<DELETED>    (c) Clerical Amendment.--The table of sections in section 
1 of the Act entitled ``An Act to authorize the Hydrographic Service 
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:</DELETED>

<DELETED>``Sec. 268. Interest payment program.''.

<DELETED>SEC. 223. STUDENT PRE-COMMISSIONING PROGRAM.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION ASSISTANCE 
              PROGRAM.</DELETED>

<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) a baccalaureate degree in not more than 5 
        academic years; or</DELETED>
        <DELETED>    ``(2) a postbaccalaureate degree.</DELETED>
<DELETED>    ``(b) Eligible Persons.--</DELETED>
        <DELETED>    ``(1) In general.--A person is eligible to obtain 
        financial assistance under subsection (a) if the person--
        </DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) enters into a written agreement with 
                the Secretary described in paragraph (2).</DELETED>
        <DELETED>    ``(2) Agreement.--A written agreement referred to 
        in paragraph (1)(C) is an agreement between the person and the 
        Secretary in which the person agrees--</DELETED>
                <DELETED>    ``(A) to accept an appointment as an 
                officer, if tendered; and</DELETED>
                <DELETED>    ``(B) upon completion of the person's 
                educational program, to serve on active duty, 
                immediately after appointment, for--</DELETED>
                        <DELETED>    ``(i) up to 3 years if the person 
                        received less than 3 years of assistance; 
                        and</DELETED>
                        <DELETED>    ``(ii) up to 5 years if the person 
                        received at least 3 years of 
                        assistance.</DELETED>
<DELETED>    ``(c) Qualifying Expenses.--Expenses for which financial 
assistance may be provided under subsection (a) are the 
following:</DELETED>
        <DELETED>    ``(1) Tuition and fees charged by the educational 
        institution involved.</DELETED>
        <DELETED>    ``(2) The cost of books.</DELETED>
        <DELETED>    ``(3) In the case of a program of education 
        leading to a baccalaureate degree, laboratory 
        expenses.</DELETED>
        <DELETED>    ``(4) Such other expenses as the Secretary 
        considers appropriate.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(e) Duration of Assistance.--Financial assistance may be 
provided to a person under subsection (a) for not more than 5 
consecutive academic years.</DELETED>
<DELETED>    ``(f) Subsistence Allowance.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(g) Initial Clothing Allowance.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(h) Termination of Financial Assistance.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall terminate 
        the assistance provided to a person under this section if--
        </DELETED>
                <DELETED>    ``(A) the Secretary accepts a request by 
                the person to be released from an agreement described 
                in subsection (b)(2);</DELETED>
                <DELETED>    ``(B) the misconduct of the person results 
                in a failure to complete the period of active duty 
                required under the agreement; or</DELETED>
                <DELETED>    ``(C) the person fails to fulfill any term 
                or condition of the agreement.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) is--</DELETED>
                        <DELETED>    ``(i) not physically qualified for 
                        appointment; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Discharge in bankruptcy.--A discharge in 
        bankruptcy under title 11, United States Code, that is entered 
        less than 5 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).</DELETED>
<DELETED>    ``(i) Regulations.--The Secretary may promulgate such 
regulations and orders as the Secretary considers appropriate to carry 
out this section.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections in section 
1 of the Act entitled ``An Act to authorize the Hydrographic Service 
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:</DELETED>

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

<DELETED>SEC. 224. LIMITATION ON EDUCATIONAL ASSISTANCE.</DELETED>

<DELETED>    (a) In General.--Each fiscal year, beginning with fiscal 
year 2013, 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--</DELETED>
        <DELETED>    (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 246(d)), 
        if such section entitled officers candidates to pay at monthly 
        rates equal to the basic pay of a commissioned officer in the 
        pay grade O-1 with less than 2 years of service; 
        exceeds</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (b) Officer Candidate Defined.--In this section, the term 
``officer candidate'' has the meaning given the term in section 212 of 
the National Oceanic and Atmospheric Administration Commissioned 
Officer Corps Act of 2002 (33 U.S.C. 3002), as added by section 
246(c).</DELETED>

<DELETED>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.</DELETED>

<DELETED>    (a) Applicability of Certain Provisions of Title 10.--
Section 261(a) (33 U.S.C. 3071(a)) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (13) through (16) 
        as paragraphs (20) through (23), respectively;</DELETED>
        <DELETED>    (2) by redesignating paragraphs (7) through (12) 
        as paragraphs (12) through (17), respectively;</DELETED>
        <DELETED>    (3) by redesignating paragraphs (4) through (6) as 
        paragraphs (8) through (10), respectively;</DELETED>
        <DELETED>    (4) by inserting after paragraph (3) the 
        following:</DELETED>
        <DELETED>    ``(4) Section 771, relating to unauthorized 
        wearing of uniforms.</DELETED>
        <DELETED>    ``(5) Section 774, relating to wearing religious 
        apparel while in uniform.</DELETED>
        <DELETED>    ``(6) Section 982, relating to service on State 
        and local juries.</DELETED>
        <DELETED>    ``(7) Section 1031, relating to administration of 
        oaths.'';</DELETED>
        <DELETED>    (5) by inserting after paragraph (10), as 
        redesignated, the following:</DELETED>
        <DELETED>    ``(11) Chapter 58, relating to the Benefits and 
        Services for members being separated or recently separated.''; 
        and</DELETED>
        <DELETED>    (6) by inserting after paragraph (17), as 
        redesignated, the following:</DELETED>
        <DELETED>    ``(18) Subchapter I of chapter 88, relating to 
        Military Family Programs.</DELETED>
        <DELETED>    ``(19) Section 2005, relating to advanced 
        education assistance, active duty agreements, and reimbursement 
        requirements.''.</DELETED>
<DELETED>    (b) Extension of Certain Authorities.--</DELETED>
        <DELETED>    (1) Notarial services.--Section 1044a of title 10, 
        United States Code, is amended--</DELETED>
                <DELETED>    (A) in subsection (a)(1), by striking 
                ``armed forces'' and inserting ``uniformed services''; 
                and</DELETED>
                <DELETED>    (B) in subsection (b)(4), by striking 
                ``armed forces'' both places it appears and inserting 
                ``uniformed services''.</DELETED>
        <DELETED>    (2) Acceptance of voluntary services for programs 
        serving members and their families.--Section 1588 of such title 
        is amended--</DELETED>
                <DELETED>    (A) in subsection (a)(3), by striking 
                ``armed forces'' and inserting ``uniformed services''; 
                and</DELETED>
                <DELETED>    (B) by adding at the end the following new 
                subsection:</DELETED>
<DELETED>    ``(g) Secretary Concerned for Acceptance of Services for 
Programs Serving Members of NOAA and Their Families.--For purposes of 
the acceptance of services described in subsection (a)(3), the term 
`Secretary concerned' in subsection (a) shall include the Secretary of 
Commerce with respect to members of the National Oceanic and 
Atmospheric Administration.''.</DELETED>
        <DELETED>    (3) Capstone course for newly selected flag 
        officers.--Section 2153 of such title is amended--</DELETED>
                <DELETED>    (A) in subsection (a)--</DELETED>
                        <DELETED>    (i) by inserting ``or the 
                        commissioned corps of the National Oceanic and 
                        Atmospheric Administration'' after ``in the 
                        case of the Navy''; and</DELETED>
                        <DELETED>    (ii) by striking ``other armed 
                        forces'' and inserting ``other uniformed 
                        services''; and</DELETED>
                <DELETED>    (B) in subsection (b)(1), by inserting 
                ``or the Secretary of Commerce, as applicable,'' after 
                ``the Secretary of Defense''.</DELETED>

<DELETED>SEC. 226. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, 
              UNITED STATES CODE.</DELETED>

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

<DELETED>``SEC. 261A. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, 
              UNITED STATES CODE.</DELETED>

<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(1) Section 324, relating to accession bonuses 
        for new officers in critical skills.</DELETED>
        <DELETED>    ``(2) Section 403(f)(3), relating to prescribing 
        regulations defining the terms `field duty' and `sea 
        duty'.</DELETED>
        <DELETED>    ``(3) Section 403(l), relating to temporary 
        continuation of housing allowance for dependents of members 
        dying on active duty.</DELETED>
        <DELETED>    ``(4) Section 414(a)(2), relating to personal 
        money allowance while serving as Director of the National 
        Oceanic and Atmospheric Administration Commissioned Officer 
        Corps.</DELETED>
        <DELETED>    ``(5) Section 488, relating to allowances for 
        recruiting expenses.</DELETED>
        <DELETED>    ``(6) Section 495, relating to allowances for 
        funeral honors duty.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections in section 
1 of the Act entitled ``An Act to authorize the Hydrographic Service 
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:</DELETED>

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

<DELETED>SEC. 227. LEGION OF MERIT AWARD.</DELETED>

<DELETED>    Section 1121 of title 10, United States Code, is amended 
by striking ``armed forces'' and inserting ``uniformed 
services''.</DELETED>

<DELETED>SEC. 228. PROHIBITION ON RETALIATORY PERSONNEL 
              ACTIONS.</DELETED>

<DELETED>    (a) In General.--Subsection (a) of section 261 (33 U.S.C. 
3071), as amended by section 225, is further amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (8) through (23) 
        as paragraphs (9) through (24), respectively; and</DELETED>
        <DELETED>    (2) by inserting after paragraph (7) the 
        following:</DELETED>
        <DELETED>    ``(8) Section 1034, relating to protected 
        communications and prohibition of retaliatory personnel 
        actions.''.</DELETED>
<DELETED>    (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.''.</DELETED>

<DELETED>SEC. 229. PENALTIES FOR WEARING UNIFORM WITHOUT 
              AUTHORITY.</DELETED>

<DELETED>    Section 702 of title 18, United States Code, is amended by 
striking ``Service or any'' and inserting ``Service, the commissioned 
officer corps of the National Oceanic and Atmospheric Administration, 
or any''.</DELETED>

<DELETED>SEC. 230. APPLICATION OF CERTAIN PROVISIONS OF COMPETITIVE 
              SERVICE LAW.</DELETED>

<DELETED>    Section 3304(f) of title 5, United States Code, is 
amended--</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (2) in paragraph (2), by striking ``or veteran'' 
        and inserting ``, veteran, or member''; and</DELETED>
        <DELETED>    (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''.</DELETED>

<DELETED>SEC. 231. EMPLOYMENT AND REEMPLOYMENT RIGHTS.</DELETED>

<DELETED>    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,''.</DELETED>

<DELETED>SEC. 232. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER 
              CORPS FOR PURPOSES OF CERTAIN HIRING DECISIONS.</DELETED>

<DELETED>    (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:</DELETED>

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

<DELETED>    ``(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 3 years to be 
serving in a career or career-conditional position in the competitive 
service within the Administration for purposes of such 
limitation.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections in section 
1 of the Act entitled ``An Act to authorize the Hydrographic Service 
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 this title, the following new item:</DELETED>

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

<DELETED>SEC. 233. DIRECT HIRE AUTHORITY.</DELETED>

<DELETED>    (a) In General.--The head of a Federal agency may appoint, 
without regard to the provisions of subchapter I of chapter 33 of title 
5, United States Code, other than sections 3303 and 3328 of such title, 
a qualified candidate described subsection (b) directly to a position 
in the agency for which the candidate meets qualification standards of 
the Office of Personnel Management.</DELETED>
<DELETED>    (b) Candidates Described.--A candidate described in this 
subsection is a current or former member of the commissioned officer 
corps of the National Oceanic and Atmospheric Administration who--
</DELETED>
        <DELETED>    (1) fulfilled his or her obligated service 
        requirement under section 216 of the National Oceanic and 
        Atmospheric Administration Commissioned Officer Corps Act of 
        2002, as added by section 213;</DELETED>
        <DELETED>    (2) if no longer a member of the commissioned 
        officer corps of the Administration, was discharged or released 
        therefrom under conditions other than dishonorable; 
        and</DELETED>
        <DELETED>    (3) has been separated or released from service in 
        the commissioned officer corps of the Administration for a 
        period of not more than 5 years.</DELETED>
<DELETED>    (c) Effective Date.--This section shall apply with respect 
to appointments made in fiscal year 2016 and in each fiscal year 
thereafter.</DELETED>

 <DELETED>Subtitle C--Appointments and Promotion of Officers</DELETED>

<DELETED>SEC. 241. APPOINTMENTS.</DELETED>

<DELETED>    (a) Original Appointments.--</DELETED>
        <DELETED>    (1) In general.--Section 221 (33 U.S.C. 3021) is 
        amended to read as follows:</DELETED>

<DELETED>``SEC. 221. ORIGINAL APPOINTMENTS AND 
              REAPPOINTMENTS.</DELETED>

<DELETED>    ``(a) Original Appointments.--</DELETED>
        <DELETED>    ``(1) Grades.--</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(i) the qualification, 
                        experience, and length of service of the 
                        appointee; and</DELETED>
                        <DELETED>    ``(ii) the commissioned officer 
                        corps of the Administration.</DELETED>
                <DELETED>    ``(B) Appointment of officer candidates.--
                </DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Rank.--Officer candidates 
                        receiving appointments as ensigns upon 
                        graduation from basic officer training program 
                        shall take rank according to their proficiency 
                        as shown by the order of their merit at date of 
                        graduation.</DELETED>
        <DELETED>    ``(2) Source of appointments.--An original 
        appointment may be made from among the following:</DELETED>
                <DELETED>    ``(A) Graduates of the basic officer 
                training program of the commissioned officer corps of 
                the Administration.</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(C) Graduates of the maritime academies 
                of the States who--</DELETED>
                        <DELETED>    ``(i) otherwise meet the academic 
                        standards for enrollment in the training 
                        program described in subparagraph 
                        (A);</DELETED>
                        <DELETED>    ``(ii) completed at least 3 years 
                        of regimented training while at a maritime 
                        academy of a State; and</DELETED>
                        <DELETED>    ``(iii) obtained an unlimited 
                        tonnage or unlimited horsepower Merchant 
                        Mariner Credential from the United States Coast 
                        Guard.</DELETED>
                <DELETED>    ``(D) Licensed officers of the United 
                States merchant marine who have served 2 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).</DELETED>
        <DELETED>    ``(3) Definitions.--In this subsection:</DELETED>
                <DELETED>    ``(A) Maritime academies of the states.--
                The term `maritime academies of the States' means the 
                following:</DELETED>
                        <DELETED>    ``(i) California Maritime Academy, 
                        Vallejo, California.</DELETED>
                        <DELETED>    ``(ii) Great Lakes Maritime 
                        Academy, Traverse City, Michigan.</DELETED>
                        <DELETED>    ``(iii) Maine Maritime Academy, 
                        Castine, Maine.</DELETED>
                        <DELETED>    ``(iv) Massachusetts Maritime 
                        Academy, Buzzards Bay, Massachusetts.</DELETED>
                        <DELETED>    ``(v) State University of New York 
                        Maritime College, Fort Schuyler, New 
                        York.</DELETED>
                        <DELETED>    ``(vi) Texas A&M Maritime Academy, 
                        Galveston, Texas.</DELETED>
                <DELETED>    ``(B) Military service academies of the 
                united states.--The term `military service academies of 
                the United States' means the following:</DELETED>
                        <DELETED>    ``(i) The United States Military 
                        Academy, West Point, New York.</DELETED>
                        <DELETED>    ``(ii) The United States Naval 
                        Academy, Annapolis, Maryland.</DELETED>
                        <DELETED>    ``(iii) The United States Air 
                        Force Academy, Colorado Springs, 
                        Colorado.</DELETED>
                        <DELETED>    ``(iv) The United States Coast 
                        Guard Academy, New London, 
                        Connecticut.</DELETED>
                        <DELETED>    ``(v) The United States Merchant 
                        Marine Academy, Kings Point, New 
                        York.</DELETED>
<DELETED>    ``(b) Reappointment.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Precedence of Appointees.--Appointees under this 
section shall take precedence in the grade to which appointed in 
accordance with the dates of their commissions as commissioned officers 
in such grade. Appointees whose dates of commission are the same shall 
take precedence with each other as the Secretary shall 
determine.</DELETED>
<DELETED>    ``(e) Inter-Service Transfers.--For inter-service 
transfers (as described in the Department of Defense Directive 1300.4 
(dated December 27, 2006)) the Secretary shall--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(2) give preference to such inter-service 
        transfers for recruitment purposes as determined appropriate by 
        the Secretary; and</DELETED>
        <DELETED>    ``(3) reappoint such inter-service transfers to 
        the equivalent grade in the commissioned officer 
        corps.''.</DELETED>
        <DELETED>    (2) Clerical amendment.--The table of sections in 
        section 1 of the Act entitled ``An Act to authorize the 
        Hydrographic Service 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:</DELETED>

<DELETED>``Sec. 221. Original appointments and reappointments.''.

<DELETED>SEC. 242. PERSONNEL BOARDS.</DELETED>

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

<DELETED>``SEC. 222. PERSONNEL BOARDS.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Membership.--</DELETED>
        <DELETED>    ``(1) In general.--A board convened under 
        subsection (a) shall consist of 5 or more officers who are 
        serving in or above the permanent grade of the officers under 
        consideration by the board.</DELETED>
        <DELETED>    ``(2) Retired officers.--Officers on the retired 
        list may be recalled to serve on such personnel boards as the 
        Secretary considers necessary.</DELETED>
        <DELETED>    ``(3) No membership on 2 successive boards.--No 
        officer may be a member of 2 successive personnel boards 
        convened to consider officers of the same grade for promotion 
        or separation.</DELETED>
<DELETED>    ``(c) Duties.--Each personnel board shall--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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 consider 
appropriate.''.</DELETED>

<DELETED>SEC. 243. DELEGATION OF AUTHORITY.</DELETED>

<DELETED>    Section 226 (33 U.S.C. 3026) is amended--</DELETED>
        <DELETED>    (1) by striking ``Appointments'' and inserting the 
        following:</DELETED>
<DELETED>    ``(a) In General.--Appointments''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(b) Delegation of Appointment Authority.--If the 
President delegates authority to the Secretary to make appointments 
under this section, the President shall, during a period in which the 
position of the Secretary is vacant, delegate such authority to the 
Deputy Secretary of Commerce or the Under Secretary for Oceans and 
Atmosphere during such period.''.</DELETED>

<DELETED>SEC. 244. ASSISTANT ADMINISTRATOR OF THE OFFICE OF MARINE AND 
              AVIATION OPERATIONS.</DELETED>

<DELETED>    Section 228(c) (33 U.S.C. 3028(c)) is amended--</DELETED>
        <DELETED>    (1) in the fourth sentence, by striking 
        ``Director'' and inserting ``Assistant Administrator''; 
        and</DELETED>
        <DELETED>    (2) in the heading, by inserting ``Assistant 
        Administrator of the'' before ``Office''.</DELETED>

<DELETED>SEC. 245. TEMPORARY APPOINTMENTS.</DELETED>

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

<DELETED>``SEC. 229. TEMPORARY APPOINTMENTS.</DELETED>

<DELETED>    ``(a) Appointments by President.--Temporary appointments 
in the grade of ensign, lieutenant junior grade, or lieutenant may be 
made by the President.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Delegation of Appointment Authority.--If the 
President delegates authority to the Secretary to make appointments 
under this section, the President shall, during a period in which the 
position of the Secretary is vacant, delegate such authority to the 
Deputy Secretary of Commerce or the Under Secretary for Oceans and 
Atmosphere during such period.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections in section 
1 of the Act entitled ``An Act to authorize the Hydrographic Service 
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:</DELETED>

<DELETED>``Sec. 229. Temporary appointments.''.

<DELETED>SEC. 246. OFFICER CANDIDATES.</DELETED>

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

<DELETED>``SEC. 234. OFFICER CANDIDATES.</DELETED>

<DELETED>    ``(a) Determination of Number.--The Secretary shall 
determine the number of appointments of officer candidates.</DELETED>
<DELETED>    ``(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 program, and all other matters 
affecting such appointment.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Agreement.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Elements.--An agreement signed by an officer 
        candidate under paragraph (1) shall provide that the officer 
        candidate agrees to the following:</DELETED>
                <DELETED>    ``(A) That the officer candidate will 
                complete the course of instruction at the basic officer 
                training program of the Administration.</DELETED>
                <DELETED>    ``(B) That upon graduation from the such 
                program, the officer candidate--</DELETED>
                        <DELETED>    ``(i) will accept an appointment, 
                        if tendered, as an officer; and</DELETED>
                        <DELETED>    ``(ii) will serve on active duty 
                        for at least 4 years immediately after such 
                        appointment.</DELETED>
<DELETED>    ``(e) Regulations.--The Secretary shall prescribe 
regulations to carry out this section. Such regulations shall include--
</DELETED>
        <DELETED>    ``(1) standards for determining what constitutes a 
        breach of an agreement signed under such subsection (d)(1); 
        and</DELETED>
        <DELETED>    ``(2) procedures for determining whether such a 
        breach has occurred.</DELETED>
<DELETED>    ``(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).''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections in section 
1 of the Act entitled ``An Act to authorize the Hydrographic Service 
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:</DELETED>

<DELETED>``Sec. 234. Officer candidates.''.
<DELETED>    (c) Officer Candidate Defined.--Section 212(b) (33 U.S.C. 
3002(b)) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (4) through (6) as 
        paragraphs (5) through (7), respectively; and</DELETED>
        <DELETED>    (2) by inserting after paragraph (3) the 
        following:</DELETED>
        <DELETED>    ``(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).''.</DELETED>
<DELETED>    (d) Pay for Officer Candidates.--Section 203 of title 37, 
United States Code, is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(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 the 
monthly rate equal to the basic pay of an enlisted member in the pay 
grade E-5 with less than 2 years service.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 247. PROCUREMENT OF PERSONNEL.</DELETED>

<DELETED>    (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as 
amended by section 246(a), is further amended by adding at the end the 
following:</DELETED>

<DELETED>``SEC. 235. PROCUREMENT OF PERSONNEL.</DELETED>

<DELETED>    ``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.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections in section 
1 of the Act entitled ``An Act to authorize the Hydrographic Service 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372), 
as amended by section 246(b), is further amended by inserting after the 
item relating to section 234 the following:</DELETED>

<DELETED>``Sec. 235. Procurement of personnel.''.

  <DELETED>Subtitle D--Separation and Retirement of Officers</DELETED>

<DELETED>SEC. 251. INVOLUNTARY RETIREMENT OR SEPARATION.</DELETED>

<DELETED>    Section 241 (33 U.S.C. 3041) is amended by adding at the 
end the following:</DELETED>
<DELETED>    ``(d) Deferment of Retirement or Separation for Medical 
Reasons.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Limitation.--A deferral 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.''.</DELETED>

<DELETED>SEC. 252. SEPARATION PAY.</DELETED>

<DELETED>    Section 242 (33 U.S.C. 3042) is amended by adding at the 
end the following:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) expresses a desire not to be selected for 
        promotion; or</DELETED>
        <DELETED>    ``(2) requests removal from the list of 
        selectees.''.</DELETED>

          <DELETED>TITLE III--HYDROGRAPHIC SERVICES</DELETED>

<DELETED>SEC. 301. REAUTHORIZATION OF HYDROGRAPHIC SERVICES IMPROVEMENT 
              ACT OF 1998.</DELETED>

<DELETED>    (a) Reauthorizations.--Section 306 of the Hydrographic 
Services Improvement Act of 1998 (33 U.S.C. 892d) is amended--
</DELETED>
        <DELETED>    (1) in the matter before paragraph (1), by 
        striking ``There are'' and inserting the following:</DELETED>
<DELETED>    ``(a) In General.--There are'';</DELETED>
        <DELETED>    (2) in subsection (a) (as designated by paragraph 
        (1))--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking 
                ``surveys--'' and all that follows through the end of 
                the paragraph and inserting ``surveys, $70,814,000 for 
                each of fiscal years 2016 through 2020.'';</DELETED>
                <DELETED>    (B) in paragraph (2), by striking 
                ``vessels--'' and all that follows through the end of 
                the paragraph and inserting ``vessels, $25,000,000 for 
                each of fiscal years 2016 through 2020.'';</DELETED>
                <DELETED>    (C) in paragraph (3), by striking 
                ``Administration--'' and all that follows through the 
                end of the paragraph and inserting ``Administration, 
                $29,932,000 for each of fiscal years 2016 through 
                2020.'';</DELETED>
                <DELETED>    (D) in paragraph (4), by striking 
                ``title--'' and all that follows through the end of the 
                paragraph and inserting ``title, $26,800,000 for each 
                of fiscal years 2016 through 2020.''; and</DELETED>
                <DELETED>    (E) in paragraph (5), by striking 
                ``title--'' and all that follows through the end of the 
                paragraph and inserting ``title, $30,564,000 for each 
                of fiscal years 2016 through 2020.''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(b) Arctic Programs.--Of the amount authorized by this 
section for each fiscal year--</DELETED>
        <DELETED>    ``(1) $5,000,000 is authorized for use to acquire 
        hydrographic data, provide hydrographic services, conduct 
        coastal change analyses necessary to ensure safe navigation, 
        and improve the management of coastal change in the Arctic; 
        and</DELETED>
        <DELETED>    ``(2) $2,000,000 is authorized for use to acquire 
        hydrographic data and provide hydrographic services in the 
        Arctic necessary to delineate the United States extended 
        Continental Shelf.''.</DELETED>
<DELETED>    (b) Limitation on Administrative Expenses for Surveys.--
Section 306 of such Act (33 U.S.C. 892d) is further amended by adding 
at the end the following:</DELETED>
<DELETED>    ``(c) Limitation on Administrative Expenses for Surveys.--
Of amounts authorized by this section for each fiscal year for contract 
hydrographic surveys, not more than 5 percent is authorized for 
administrative costs associated with contract management.''.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National Oceanic 
and Atmospheric Administration Sexual Harassment and Assault Prevention 
Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

   TITLE I--SEXUAL HARASSMENT AND ASSAULT PREVENTION AT THE NATIONAL 
                 OCEANIC AND ATMOSPHERIC ADMINISTRATION

Sec. 101. Actions to address sexual harassment at National Oceanic and 
                            Atmospheric Administration.
Sec. 102. Actions to address sexual assault at National Oceanic and 
                            Atmospheric Administration.
Sec. 103. Rights of the victim of a sexual assault.
Sec. 104. Change of station.
Sec. 105. Applicability of policies to crews of vessels secured by 
                            National Oceanic and Atmospheric 
                            Administration under contract.
Sec. 106. Annual report on sexual assaults in the National Oceanic and 
                            Atmospheric Administration.
Sec. 107. Definition.

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

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. Recruiting materials.
Sec. 216. Charter vessel safety policy.
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. Legion of Merit award.
Sec. 228. Prohibition on retaliatory personnel actions.
Sec. 229. Penalties for wearing uniform without authority.
Sec. 230. Application of certain provisions of competitive service law.
Sec. 231. Employment and reemployment rights.
Sec. 232. Treatment of commission in commissioned officer corps for 
                            purposes of certain hiring decisions.
Sec. 233. Direct hire authority.

           Subtitle C--Appointments and Promotion of Officers

Sec. 241. Appointments.
Sec. 242. Personnel boards.
Sec. 243. Delegation of authority.
Sec. 244. Assistant Administrator of the Office of Marine and Aviation 
                            Operations.
Sec. 245. Temporary appointments.
Sec. 246. Officer candidates.
Sec. 247. Procurement of personnel.

           Subtitle D--Separation and Retirement of Officers

Sec. 251. Involuntary retirement or separation.
Sec. 252. Separation pay.

                    TITLE III--HYDROGRAPHIC SERVICES

Sec. 301. Reauthorization of Hydrographic Services Improvement Act of 
                            1998.

   TITLE I--SEXUAL HARASSMENT AND ASSAULT PREVENTION AT THE NATIONAL 
                 OCEANIC AND ATMOSPHERIC ADMINISTRATION

SEC. 101. ACTIONS TO ADDRESS SEXUAL HARASSMENT AT NATIONAL OCEANIC AND 
              ATMOSPHERIC ADMINISTRATION.

    (a) Required Policy.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Commerce shall, acting through 
the Under Secretary for Oceans and Atmosphere, develop a policy on the 
prevention of and response to sexual harassment involving employees of 
the National Oceanic and Atmospheric Administration, members of the 
commissioned officer corps of the Administration, and individuals who 
work with or conduct business on behalf of the Administration.
    (b) Matters to Be Specified in Policy.--The policy developed under 
subsection (a) shall include--
            (1) establishment of a program to promote awareness of the 
        incidence of sexual harassment;
            (2) clear procedures an individual should follow in the 
        case of an occurrence of sexual harassment, including--
                    (A) a specification of the person or persons to 
                whom an alleged occurrence of sexual harassment should 
                be reported by an individual and options for 
                confidential reporting, including--
                            (i) options and contact information for 
                        after-hours contact; and
                            (ii) procedure for obtaining assistance and 
                        reporting sexual harassment while working in a 
                        remote scientific field camp, at sea, or in 
                        another field status; and
                    (B) a specification of any other person whom the 
                victim should contact;
            (3) establishment of a mechanism by which--
                    (A) questions regarding sexual harassment can be 
                confidentially asked and confidentially answered; and
                    (B) incidents of sexual harassment can be 
                confidentially reported; and
            (4) a prohibition on retaliation and consequences for 
        retaliatory actions.
    (c) Consultation and Assistance.--In developing the policy required 
by subsection (a), the Secretary may consult or receive assistance from 
such State, local, and national organizations and subject matter 
experts as the Secretary considers appropriate.
    (d) Availability of Policy.--The Secretary shall ensure that the 
policy developed under subsection (a) is available to--
            (1) all employees of the Administration and members of the 
        commissioned officer corps of the Administration, including 
        those employees and members who conduct field work for the 
        Administration; and
            (2) the public.
    (e) Geographic Distribution of Equal Employment Opportunity 
Personnel.--The Secretary shall ensure that at least 1 employee of the 
Administration who is tasked with handling matters relating to equal 
employment opportunity or sexual harassment is stationed--
            (1) in each region in which the Administration conducts 
        operations; and
            (2) in each marine and aviation center of the 
        Administration.
    (f) Quarterly Reports.--
            (1) In general.--Not less frequently than 4 times each 
        year, the Director of the Civil Rights Office of the 
        Administration shall submit to the Under Secretary a report on 
        sexual harassment in the Administration.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include the following:
                    (A) Number of sexual harassment cases, both 
                actionable and non-actionable, involving individuals 
                covered by the policy developed under subsection (a).
                    (B) Number of open actionable sexual harassment 
                cases and how long the cases have been open.
                    (C) Such trends or region specific issues as the 
                Director may have discovered with respect to sexual 
                harassment in the Administration.
                    (D) Such recommendations as the Director may have 
                with respect to sexual harassment in the 
                Administration.

SEC. 102. ACTIONS TO ADDRESS SEXUAL ASSAULT AT NATIONAL OCEANIC AND 
              ATMOSPHERIC ADMINISTRATION.

    (a) Comprehensive Policy on Prevention and Response to Sexual 
Assaults.--Not later than 1 year after the date of the enactment of 
this Act, the Secretary of Commerce shall, acting through the Under 
Secretary for Oceans and Atmosphere, develop a comprehensive policy on 
the prevention of and response to sexual assaults involving employees 
of the National Oceanic and Atmospheric Administration, members of the 
commissioned officer corps of the Administration, and individuals who 
work with or conduct business on behalf of the Administration.
    (b) Elements of Comprehensive Policy.--The comprehensive policy 
developed under subsection (a) shall, at minimum, address the following 
matters:
            (1) Prevention measures.
            (2) Education and training on prevention and response.
            (3) A list of support resources an individual may use in 
        the occurrence of sexual assault, including--
                    (A) options and contact information for after-hours 
                contact; and
                    (B) procedure for obtaining assistance and 
                reporting sexual assault while working in a remote 
                scientific field camp, at sea, or in another field 
                status.
            (4) Easy and ready availability of information described in 
        paragraph (3).
            (5) Establishing a mechanism by which--
                    (A) questions regarding sexual assault can be 
                confidentially asked and confidentially answered; and
                    (B) incidents of sexual assault can be 
                confidentially reported.
            (6) Protocols for the investigation of complaints by 
        command and law enforcement personnel.
            (7) Prohibiting retaliation and consequences for 
        retaliatory actions against someone who reports a sexual 
        assault.
            (8) Oversight by the Under Secretary of administrative and 
        disciplinary actions in response to substantial incidents of 
        sexual assault.
            (9) Victim advocacy, including establishment of and the 
        responsibilities and training requirements for victim advocates 
        as described in subsection (c).
            (10) Availability of resources for victims of sexual 
        assault within other Federal agencies and State, local, and 
        national organizations.
    (c) Victim Advocacy.--
            (1) In general.--The Secretary, acting through the Under 
        Secretary, shall establish victim advocates to advocate for 
        victims of sexual assaults involving employees of the 
        Administration, members of the commissioned officer corps of 
        the Administration, and individuals who work with or conduct 
        business on behalf of the Administration.
            (2) Victim advocates.--For purposes of this subsection, a 
        victim advocate is a permanent employee of the Administration 
        who--
                    (A) is trained in matters relating to sexual 
                assault and the comprehensive policy developed under 
                subsection (a); and
                    (B) serve as a victim advocate voluntarily and in 
                addition to the employee's other duties as an employee 
                of the Administration.
            (3) Primary duties.--The primary duties of a victim 
        advocate established under paragraph (1) shall include the 
        following:
                    (A) Supporting victims of sexual assault and 
                informing them of their rights and the resources 
                available to them as victims.
                    (B) Acting as a companion in navigating 
                investigative, medical, mental and emotional health, 
                and recovery processes relating to sexual assault.
                    (C) Helping to identify resources to ensure the 
                safety of victims of sexual assault.
            (4) Location.--The Secretary shall ensure that at least 1 
        victim advocate established under paragraph (1) is stationed--
                    (A) in each region in which the Administration 
                conducts operations; and
                    (B) in each marine and aviation center of the 
                Administration.
            (5) Hotline.--
                    (A) In general.--In carrying out this subsection, 
                the Secretary shall establish a telephone number at 
                which a victim of a sexual assault can get in touch 
                with a victim advocate.
                    (B) 24-hour access.--The Secretary shall ensure 
                that the telephone number established under 
                subparagraph (A) is monitored at all times.
            (6) Formal relationships with other entities.--The 
        Secretary may enter into formal relationships with other 
        entities to make available additional victim advocates.
    (d) Availability of Policy.--The Secretary shall ensure that the 
policy developed under subsection (a) is available to--
            (1) all employees of the Administration and members of the 
        commissioned officer corps of the Administration, including 
        those employees and members who conduct field work for the 
        Administration; and
            (2) the public.
    (e) Consultation and Assistance.--In developing the policy required 
by subsection (a), the Secretary may consult or receive assistance from 
such State, local, and national organizations and subject matter 
experts as the Secretary considers appropriate.

SEC. 103. RIGHTS OF THE VICTIM OF A SEXUAL ASSAULT.

    A victim of a sexual assault covered by the comprehensive policy 
developed under section 102(a) has the right to be reasonably protected 
from the accused.

SEC. 104. CHANGE OF STATION.

    (a) Change of Station, Unit Transfer, or Change of Work Location of 
Victims.--
            (1) Timely consideration and action upon request.--The 
        Secretary of Commerce, acting through the Under Secretary for 
        Oceans and Atmosphere, shall--
                    (A) in the case of a member of the commissioned 
                officer corps of the National Oceanic and Atmospheric 
                Administration who was a victim of a sexual assault, in 
                order to reduce the possibility of retaliation or 
                further sexual assault, provide for timely 
                determination and action on an application submitted by 
                the victim for consideration of a change of station or 
                unit transfer of the victim; and
                    (B) in the case of an employee of the 
                Administration who was a victim of a sexual assault, to 
                the degree practicable and in order to reduce the 
                possibility of retaliation against the employee for 
                reporting the sexual assault, accommodate a request for 
                a change of work location of the victim.
            (2) Procedures.--
                    (A) Period for approval and disapproval.--The 
                Secretary, acting through the Under Secretary, shall 
                ensure that an application or request submitted under 
                paragraph (1) for a change of station, unit transfer, 
                or change of work location is approved or denied within 
                72 hours of the submission of the application or 
                request.
                    (B) Review.--If an application or request submitted 
                under paragraph (1) by a victim of a sexual assault for 
                a change of station, unit transfer, or change of work 
                location of the victim is denied--
                            (i) the victim may request the Secretary 
                        review the denial; and
                            (ii) the Secretary, acting through the 
                        Under Secretary, shall, not later than 72 hours 
                        after receiving such request, affirm or 
                        overturn the denial.
    (b) Change of Station, Unit Transfer, and Change of Work Location 
of Alleged Perpetrators.--
            (1) In general.--The Secretary, acting through the Under 
        Secretary, shall develop a policy for the protection of victims 
        of sexual assault described in subsection (a)(1) by providing 
        the alleged perpetrator of the sexual assault with a change of 
        station, unit transfer, or change of work location, as the case 
        may be, if the alleged perpetrator is a member of the 
        commissioned officer corps of the Administration or an employee 
        of the Administration.
            (2) Policy requirements.--The policy required by paragraph 
        (1) shall include the following:
                    (A) A means to control access to the victim.
                    (B) Due process for the victim and the alleged 
                perpetrator.
    (c) Regulations.--
            (1) In general.--The Secretary shall promulgate regulations 
        to carry out this section.
            (2) Consistency.--When practicable, the Secretary shall 
        make regulations promulgated under this section consistent with 
        similar regulations promulgated by the Secretary of Defense.

SEC. 105. APPLICABILITY OF POLICIES TO CREWS OF VESSELS SECURED BY 
              NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION UNDER 
              CONTRACT.

    The Under Secretary for Oceans and Atmosphere shall ensure that 
each contract into which the Under Secretary enters for the use of a 
vessel by the National Oceanic and Atmospheric Administration that 
covers the crew of the vessel, if any, shall include as a condition of 
the contract a provision that subjects such crew to the policy 
developed under section 101(a) and the comprehensive policy developed 
under section 102(a).

SEC. 106. ANNUAL REPORT ON SEXUAL ASSAULTS IN THE NATIONAL OCEANIC AND 
              ATMOSPHERIC ADMINISTRATION.

    (a) In General.--Not later than January 15 of each year, the 
Secretary of Commerce shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Natural 
Resources of the House of Representatives a report on the sexual 
assaults involving employees of the National Oceanic and Atmospheric 
Administration, members of the commissioned officer corps of the 
Administration, and individuals who work with or conduct business on 
behalf of the Administration.
    (b) Contents.--Each report submitted under subsection (a) shall 
include, with respect to the previous calendar year, the following:
            (1) The number of alleged sexual assaults involving 
        employees, members, and individuals described in subsection 
        (a).
            (2) A synopsis of each case and the disciplinary action 
        taken, if any, in each case.
            (3) The policies, procedures, and processes implemented by 
        the Secretary, and any updates or revisions to such policies, 
        procedures, and processes.
            (4) A summary of the reports received by the Under 
        Secretary for Oceans and Atmosphere under section 101(f).
    (c) Privacy Protection.--In preparing and submitting a report under 
subsection (a), the Secretary shall ensure that no individual involved 
in an alleged sexual assault can be identified by the contents of the 
report.

SEC. 107. DEFINITION.

    In this title, the term ``sexual assault'' shall have the meaning 
given such term in section 40002(a) of the Violence Against Women Act 
of 1994 (42 U.S.C. 13925(a)).

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

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 \1/2\, 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.

    Section 215 (33 U.S.C. 3005) is amended--
            (1) in the matter before paragraph (1), by striking 
        ``Effective'' and inserting the following:
    ``(a) In General.--Effective''; and
            (2) by adding at the end the following new subsection:
    ``(b) Positions of Importance and Responsibility.--Officers serving 
in positions designated under section 228 and officers recalled from 
retired status--
            ``(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.''.

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) Rulemaking.--The Secretary shall prescribe the 
        obligated service requirements for appointments, training, 
        promotions, separations, continuations, and retirement 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, 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) shall be 
        considered for all purposes as a debt owed to the United 
        States.
            ``(3) Discharge in bankruptcy.--A discharge in bankruptcy 
        under title 11 that is entered less than 5 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 sections 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 books 
        and school supplies.
            ``(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 sections 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. RECRUITING MATERIALS.

    (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. 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 sections 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. Use of recruiting materials for public relations.''.

SEC. 216. CHARTER VESSEL SAFETY POLICY.

    (a) Policy Required.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Commerce shall, acting through 
the Under Secretary for Oceans and Atmosphere, develop and implement a 
charter vessel safety policy applicable to the acquisition by the 
National Oceanic and Atmospheric Administration of charter vessel 
services.
    (b) Elements.--The policy required by subsection (a) shall address 
vessel safety, operational safety, and basic personnel safety 
requirements applicable to the vessel size, type, and intended use. At 
a minimum, the policy shall include the following:
            (1) Basic vessel safety requirements that address 
        stability, egress, fire protection and lifesaving equipment, 
        hazardous materials, and pollution control.
            (2) Personnel safety requirements that address crew 
        qualifications, medical training and services, safety briefings 
        and drills, and crew habitability.
    (c) Limitation.--The Secretary shall ensure that the basic vessel 
safety requirements and personnel safety requirements included in the 
policy required by subsection (a)--
            (1) do not exceed the vessel safety requirements and 
        personnel safety requirements promulgated by the Secretary of 
        the department in which the Coast Guard is operating; and
            (2) to the degree practicable, are consistent with the 
        requirements described in paragraph (1).

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 1 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 1 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.
    ``(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 sections 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 1 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 3 years of service on 
        active duty;
            ``(3) is the debtor on 1 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 264 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 264 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 sections 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 5 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 agrees--
                    ``(A) 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 3 years if the person received 
                        less than 3 years of assistance; and
                            ``(ii) up to 5 years if the person received 
                        at least 3 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 books.
            ``(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 5 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 5 
        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 promulgate such regulations 
and orders as the Secretary considers appropriate to carry out this 
section.''.
    (b) Clerical Amendment.--The table of sections 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 fiscal year 2013, 
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 246(d)), if such 
        section entitled officers candidates to pay at monthly rates 
        equal to the basic pay of a commissioned officer in the pay 
        grade O-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 section 212 of the 
National Oceanic and Atmospheric Administration Commissioned Officer 
Corps Act of 2002 (33 U.S.C. 3002), as added by section 246(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 (20) through (23), respectively;
            (2) by redesignating paragraphs (7) through (12) as 
        paragraphs (12) through (17), 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) Chapter 58, relating to the Benefits and Services 
        for members being separated or recently separated.''; and
            (6) by inserting after paragraph (17), as redesignated, the 
        following:
            ``(18) Subchapter I of chapter 88, relating to Military 
        Family Programs.
            ``(19) 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), 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 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 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 
                        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), 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 414(a)(2), relating to personal money 
        allowance while serving as Director of the National Oceanic and 
        Atmospheric Administration Commissioned Officer Corps.
            ``(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) Clerical Amendment.--The table of sections 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. LEGION OF MERIT AWARD.

    Section 1121 of title 10, United States Code, is amended by 
striking ``armed forces'' and inserting ``uniformed services''.

SEC. 228. PROHIBITION ON RETALIATORY PERSONNEL ACTIONS.

    (a) In General.--Subsection (a) of section 261 (33 U.S.C. 3071), as 
amended by section 225, is further amended--
            (1) by redesignating paragraphs (8) through (23) as 
        paragraphs (9) through (24), 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 
promulgate 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 promulgating such administrative 
procedures for investigation and appeal within the commissioned officer 
corps as the Secretary considers appropriate.''.

SEC. 229. PENALTIES FOR WEARING UNIFORM WITHOUT AUTHORITY.

    Section 702 of title 18, United States Code, is amended by striking 
``Service or any'' and inserting ``Service, the commissioned officer 
corps of the National Oceanic and Atmospheric Administration, or any''.

SEC. 230. 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. 231. 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. 232. 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 3 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 sections 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 this title, the following new item:

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

SEC. 233. DIRECT HIRE AUTHORITY.

    (a) In General.--The head of a Federal agency may appoint, without 
regard to the provisions of subchapter I of chapter 33 of title 5, 
United States Code, other than sections 3303 and 3328 of such title, a 
qualified candidate described in subsection (b) directly to a position 
in the agency for which the candidate meets qualification standards of 
the Office of Personnel Management.
    (b) Candidates Described.--A candidate described in this subsection 
is a current or former member of the commissioned officer corps of the 
National Oceanic and Atmospheric Administration who--
            (1) fulfilled his or her obligated service requirement 
        under section 216 of the National Oceanic and Atmospheric 
        Administration Commissioned Officer Corps Act of 2002, as added 
        by section 213;
            (2) if no longer a member of the commissioned officer corps 
        of the Administration, was not discharged or released therefrom 
        as part of a disciplinary action; and
            (3) has been separated or released from service in the 
        commissioned officer corps of the Administration for a period 
        of not more than 5 years.
    (c) Effective Date.--This section shall apply with respect to 
appointments made in fiscal year 2016 and in each fiscal year 
thereafter.

           Subtitle C--Appointments and Promotion of Officers

SEC. 241. 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 
                        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 3 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 2 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) Precedence of Appointees.--Appointees under this section 
shall take precedence in the grade to which appointed in accordance 
with the dates of their commissions as commissioned officers in such 
grade. Appointees whose dates of commission are the same shall take 
precedence with each other as the Secretary shall determine.
    ``(e) Inter-Service Transfers.--For inter-service transfers (as 
described in the 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 sections 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. 242. 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 5 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 2 successive boards.--No officer may 
        be a member of 2 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.''.

SEC. 243. DELEGATION OF AUTHORITY.

    Section 226 (33 U.S.C. 3026) is amended--
            (1) by striking ``Appointments'' and inserting the 
        following:
    ``(a) In General.--Appointments''; and
            (2) by adding at the end the following:
    ``(b) Delegation of Appointment Authority.--If the President 
delegates authority to the Secretary to make appointments under this 
section, the President shall, during a period in which the position of 
the Secretary is vacant, delegate such authority to the Deputy 
Secretary of Commerce or the Under Secretary for Oceans and Atmosphere 
during such period.''.

SEC. 244. ASSISTANT ADMINISTRATOR OF THE OFFICE OF MARINE AND AVIATION 
              OPERATIONS.

    Section 228(c) (33 U.S.C. 3028(c)) is amended--
            (1) in the fourth sentence, by striking ``Director'' and 
        inserting ``Assistant Administrator''; and
            (2) in the heading, by inserting ``Assistant Administrator 
        of the'' before ``Office''.

SEC. 245. 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.
    ``(e) Delegation of Appointment Authority.--If the President 
delegates authority to the Secretary to make appointments under this 
section, the President shall, during a period in which the position of 
the Secretary is vacant, delegate such authority to the Deputy 
Secretary of Commerce or the Under Secretary for Oceans and Atmosphere 
during such period.''.
    (b) Clerical Amendment.--The table of sections in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Service 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. 246. 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 program, 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 the 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 4 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 such 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 section (d) shall be subject to the repayment provisions of 
section 216(b).''.
    (b) Clerical Amendment.--The table of sections 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 rate equal 
to the basic pay of an enlisted member in the pay grade E-5 with less 
than 2 years 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. 247. PROCUREMENT OF PERSONNEL.

    (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as amended by 
section 246(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 sections 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 246(b), is further amended by inserting after the 
item relating to section 234 the following:

``235. Procurement of personnel.''.

           Subtitle D--Separation and Retirement of Officers

SEC. 251. 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 deferral 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. 252. 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--HYDROGRAPHIC SERVICES

SEC. 301. REAUTHORIZATION OF HYDROGRAPHIC SERVICES IMPROVEMENT ACT OF 
              1998.

    (a) Reauthorizations.--Section 306 of the Hydrographic Services 
Improvement Act of 1998 (33 U.S.C. 892d) is amended--
            (1) in the matter before paragraph (1), by striking ``There 
        are'' and inserting the following:
    ``(a) In General.--There are'';
            (2) in subsection (a) (as designated by paragraph (1))--
                    (A) in paragraph (1), by striking ``surveys--'' and 
                all that follows through the end of the paragraph and 
                inserting ``surveys, $70,814,000 for each of fiscal 
                years 2016 through 2020.'';
                    (B) in paragraph (2), by striking ``vessels--'' and 
                all that follows through the end of the paragraph and 
                inserting ``vessels, $25,000,000 for each of fiscal 
                years 2016 through 2020.'';
                    (C) in paragraph (3), by striking 
                ``Administration--'' and all that follows through the 
                end of the paragraph and inserting ``Administration, 
                $29,932,000 for each of fiscal years 2016 through 
                2020.'';
                    (D) in paragraph (4), by striking ``title--'' and 
                all that follows through the end of the paragraph and 
                inserting ``title, $26,800,000 for each of fiscal years 
                2016 through 2020.''; and
                    (E) in paragraph (5), by striking ``title--'' and 
                all that follows through the end of the paragraph and 
                inserting ``title, $30,564,000 for each of fiscal years 
                2016 through 2020.''; and
            (3) by adding at the end the following:
    ``(b) Arctic Programs.--Of the amount authorized by this section 
for each fiscal year--
            ``(1) $10,000,000 is authorized for use--
                    ``(A) to acquire hydrographic data;
                    ``(B) to provide hydrographic services;
                    ``(C) to conduct coastal change analyses necessary 
                to ensure safe navigation;
                    ``(D) to improve the management of coastal change 
                in the Arctic; and
                    ``(E) to reduce risks of harm to Alaska Native 
                subsistence and coastal communities associated with 
                increased international maritime traffic; and
            ``(2) $2,000,000 is authorized for use to acquire 
        hydrographic data and provide hydrographic services in the 
        Arctic necessary to delineate the United States extended 
        Continental Shelf.''.
    (b) Limitation on Administrative Expenses for Surveys.--Section 306 
of such Act (33 U.S.C. 892d) is further amended by adding at the end 
the following:
    ``(c) Limitation on Administrative Expenses for Surveys.--Of 
amounts authorized by this section for each fiscal year for contract 
hydrographic surveys, not more than 5 percent is authorized for 
administrative costs associated with contract management.''.
                                                       Calendar No. 688

114th CONGRESS

  2d Session

                                S. 2206

                          [Report No. 114-384]

_______________________________________________________________________

                                 A BILL

    To reduce the incidence of sexual harassment and assault at the 
  National Oceanic and Atmospheric Administration, to reauthorize the 
 National Oceanic and Atmospheric Administration Commissioned Officer 
    Corps Act of 2002, and to reauthorize the Hydrographic Services 
            Improvement Act of 1998, and for other purposes.

_______________________________________________________________________

                           November 28, 2016

                       Reported with an amendment