[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2981 Enrolled Bill (ENR)]

        S.2981

                     One Hundred Sixteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
            the third day of January, two thousand and twenty


                                 An Act


 
     To reauthorize and amend the National Oceanic and Atmospheric 
  Administration Commissioned Officer Corps Act of 2002, and for other 
                                purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This Act may be cited as the ``National Oceanic 
and Atmospheric Administration Commissioned Officer Corps Amendments 
Act of 2020''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to National Oceanic and Atmospheric Administration 
          Commissioned Officer Corps Act of 2002.

                       TITLE I--GENERAL PROVISIONS

Sec. 101. Strength and distribution in grade.
Sec. 102. Recalled officers.
Sec. 103. Obligated service requirement.
Sec. 104. Training and physical fitness.
Sec. 105. Aviation accession training programs.
Sec. 106. Recruiting materials.
Sec. 107. Technical correction.

                    TITLE II--PARITY AND RECRUITMENT

Sec. 201. Education loans.
Sec. 202. Interest payments.
Sec. 203. Student pre-commissioning program.
Sec. 204. Limitation on educational assistance.
Sec. 205. 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. 206. Applicability of certain provisions of title 37, United States 
          Code.
Sec. 207. Prohibition on retaliatory personnel actions.
Sec. 208. Employment and reemployment rights.
Sec. 209. Treatment of commission in commissioned officer corps for 
          purposes of certain hiring decisions.

            TITLE III--APPOINTMENTS AND PROMOTION OF OFFICERS

Sec. 301. Appointments.
Sec. 302. Personnel boards.
Sec. 303. Positions of importance and responsibility.
Sec. 304. Temporary appointments.
Sec. 305. Officer candidates.
Sec. 306. Procurement of personnel.
Sec. 307. Career intermission program.

             TITLE IV--SEPARATION AND RETIREMENT OF OFFICERS

Sec. 401. Involuntary retirement or separation.
Sec. 402. Separation pay.

 TITLE V--OTHER NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION MATTERS

Sec. 501. Charting and survey services.
Sec. 502. Co-location agreements.
Sec. 503. Satellite and data management.
Sec. 504. Improvements relating to sexual harassment and assault 
          prevention at the National Oceanic and Atmospheric 
          Administration.
SEC. 2. REFERENCES TO NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
COMMISSIONED OFFICER CORPS ACT OF 2002.
    Except as otherwise expressly provided, whenever in this Act 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.).

                      TITLE I--GENERAL PROVISIONS

    SEC. 101. STRENGTH AND DISTRIBUTION IN GRADE.
    Section 214 (33 U.S.C. 3004) is amended to read as follows:
    ``SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.
    ``(a) Grades.--The commissioned grades in the commissioned officer 
corps of the Administration are the following, in relative rank with 
officers of the Navy:
        ``(1) Vice admiral.
        ``(2) Rear admiral.
        ``(3) Rear admiral (lower half).
        ``(4) Captain.
        ``(5) Commander.
        ``(6) Lieutenant commander.
        ``(7) Lieutenant.
        ``(8) Lieutenant (junior grade).
        ``(9) Ensign.
    ``(b) Grade Distribution.--The Secretary shall prescribe, with 
respect to the distribution on the lineal list in grade, the 
percentages applicable to the grades set forth in subsection (a).
    ``(c) Annual Computation of Number in Grade.--
        ``(1) In general.--Not less frequently than once each year, the 
    Secretary shall make a computation to determine the number of 
    officers on the lineal list authorized to be serving in each grade.
        ``(2) Method of computation.--The number in each grade shall be 
    computed by applying the applicable percentage to the total number 
    of such officers serving on active duty on the date the computation 
    is made.
        ``(3) Fractions.--If a final fraction occurs in computing the 
    authorized number of officers in a grade, the nearest whole number 
    shall be taken. If the fraction is one-half, the next higher whole 
    number shall be taken.
    ``(d) Temporary Increase in Numbers.--The total number of officers 
authorized by law to be on the lineal list during a fiscal year may be 
temporarily exceeded if the average number on that list during that 
fiscal year does not exceed the authorized number.
    ``(e) Positions of Importance and Responsibility.--Officers serving 
in positions designated under section 228(a) and officers recalled from 
retired status shall not be counted when computing authorized strengths 
under subsection (c) and shall not count against those strengths.
    ``(f) Preservation of Grade and Pay.--No officer may be reduced in 
grade or pay or separated from the commissioned officer corps of the 
Administration as the result of a computation made to determine the 
authorized number of officers in the various grades.''.
    SEC. 102. RECALLED OFFICERS.
    (a) In General.--Section 215 (33 U.S.C. 3005) is amended to read as 
follows:
    ``SEC. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFICERS.
    ``(a) In General.--The total number of authorized commissioned 
officers on the lineal list of the commissioned officer corps of the 
Administration shall not exceed 500.
    ``(b) Positions of Importance and Responsibility.--Officers serving 
in positions designated under section 228 and officers recalled from 
retired status or detailed to an agency other than the Administration--
        ``(1) may not be counted in determining the total number of 
    authorized officers on the lineal list under this section; and
        ``(2) may not count against such number.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to reauthorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372) 
is amended by striking the item relating to section 215 and inserting 
the following:

``Sec. 215. Number of authorized commissioned officers.''.
    SEC. 103. OBLIGATED SERVICE REQUIREMENT.
    (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.) is amended by 
adding at the end the following:
    ``SEC. 216. OBLIGATED SERVICE REQUIREMENT.
    ``(a) In General.--
        ``(1) Regulations.--The Secretary shall prescribe the obligated 
    service requirements for appointments, training, promotions, 
    separations, continuations, and retirements of officers not 
    otherwise covered by law.
        ``(2) Written agreements.--The Secretary and officers shall 
    enter into written agreements that describe the officers' obligated 
    service requirements prescribed under paragraph (1) in return for 
    such appointments, training, promotions, separations, 
    continuations, and retirements as the Secretary considers 
    appropriate.
    ``(b) Repayment for Failure to Satisfy Requirements.--
        ``(1) In general.--The Secretary may require an officer who 
    fails to meet the service requirements prescribed under subsection 
    (a)(1) to reimburse the Secretary in an amount that bears the same 
    ratio to the total costs of the training provided to that officer 
    by the Secretary as the unserved portion of active duty bears to 
    the total period of active duty the officer agreed to serve.
        ``(2) Obligation as debt to united states.--An obligation to 
    reimburse the Secretary under paragraph (1) is, for all purposes, a 
    debt owed to the United States.
        ``(3) Discharge in bankruptcy.--A discharge in bankruptcy under 
    title 11 that is entered less than five years after the termination 
    of a written agreement entered into under subsection (a)(2) does 
    not discharge the individual signing the agreement from a debt 
    arising under such agreement.
    ``(c) Waiver or Suspension of Compliance.--The Secretary may waive 
the service obligation of an officer who--
        ``(1) becomes unqualified to serve on active duty in the 
    commissioned officer corps of the Administration because of a 
    circumstance not within the control of that officer; or
        ``(2) is--
            ``(A) not physically qualified for appointment; and
            ``(B) determined to be unqualified for service in the 
        commissioned officer corps of the Administration because of a 
        physical or medical condition that was not the result of the 
        officer's own misconduct or grossly negligent conduct.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to reauthorize 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. 104. TRAINING AND PHYSICAL FITNESS.
    (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as amended by 
section 103(a), is further amended by adding at the end the following:
    ``SEC. 217. TRAINING AND PHYSICAL FITNESS.
    ``(a) Training.--The Secretary may take such measures as may be 
necessary to ensure that officers are prepared to carry out their 
duties in the commissioned officer corps of the Administration and 
proficient in the skills necessary to carry out such duties. Such 
measures may include the following:
        ``(1) Carrying out training programs and correspondence 
    courses, including establishing and operating a basic officer 
    training program to provide initial indoctrination and maritime 
    vocational training for officer candidates as well as refresher 
    training, mid-career training, aviation training, and such other 
    training as the Secretary considers necessary for officer 
    development and proficiency.
        ``(2) Providing officers and officer candidates with 
    educational materials.
        ``(3) Acquiring such equipment as may be necessary for training 
    and instructional purposes.
    ``(b) Physical Fitness.--The Secretary shall ensure that officers 
maintain a high physical state of readiness by establishing standards 
of physical fitness for officers that are substantially equivalent to 
those prescribed for officers in the Coast Guard.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to reauthorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372), 
as amended by section 103(b), is further amended by inserting after the 
item relating to section 216 the following:

``Sec. 217. Training and physical fitness.''.
    SEC. 105. AVIATION ACCESSION TRAINING PROGRAMS.
    (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as amended by 
section 104(a), is further amended by adding at the end the following:
    ``SEC. 218. AVIATION ACCESSION TRAINING PROGRAMS.
    ``(a) Definitions.--In this section:
        ``(1) Administrator.--The term `Administrator' means the Under 
    Secretary of Commerce for Oceans and Atmosphere and the 
    Administrator of the National Oceanic and Atmospheric 
    Administration.
        ``(2) Member of the program.--The term `member of the program' 
    means a student who is enrolled in the program.
        ``(3) Program.--The term `program' means an aviation accession 
    training program of the commissioned officer corps of the 
    Administration established pursuant to subsection (b).
    ``(b) Aviation Accession Training Programs.--
        ``(1) Establishment authorized.--The Administrator, under 
    regulations prescribed by the Secretary, shall establish and 
    maintain one or more aviation accession training programs for the 
    commissioned officer corps of the Administration at institutions 
    described in paragraph (2).
        ``(2) Institutions described.--An institution described in this 
    paragraph is an educational institution--
            ``(A) that requests to enter into an agreement with the 
        Administrator providing for the establishment of the program at 
        the institution;
            ``(B) that has, as a part of its curriculum, a four-year 
        baccalaureate program of professional flight and piloting 
        instruction that is accredited by the Aviation Accreditation 
        Board International;
            ``(C) that is located in a geographic area that--
                ``(i) experiences a wide variation in climate-related 
            activity, including frequent high winds, convective 
            activity (including tornadoes), periods of low visibility, 
            heat, and snow and ice episodes, to provide opportunities 
            for pilots to demonstrate skill in all weather conditions 
            compatible with future encounters during their service in 
            the commissioned officer corps of the Administration; and
                ``(ii) has a climate that can accommodate both primary 
            and advanced flight training activity at least 75 percent 
            of the year; and
            ``(D) at which the Administrator determines that--
                ``(i) there will be at least one student enrolled in 
            the program; and
                ``(ii) the provisions of this section are otherwise 
            satisfied.
        ``(3) Limitations in connection with particular institutions.--
    The program may not be established or maintained at an institution 
    unless--
            ``(A) the senior commissioned officer or employee of the 
        commissioned officer corps of the Administration who is 
        assigned as an advisor to the program at that institution is 
        given the academic rank of adjunct professor; and
            ``(B) the institution fulfills the terms of its agreement 
        with the Administrator.
        ``(4) Membership in connection with status as student.--At 
    institutions at which the program is established, the membership of 
    students in the program shall be elective, as provided by State law 
    or the authorities of the institution concerned.
    ``(c) Membership.--
        ``(1) Eligibility.--To be eligible for membership in the 
    program, an individual must--
            ``(A) be a student at an institution at which the program 
        is established;
            ``(B) be a citizen of the United States;
            ``(C) contract in writing, with the consent of a parent or 
        guardian if a minor, with the Administrator, to--
                ``(i) accept an appointment, if offered, as a 
            commissioned officer in the commissioned officer corps of 
            the Administration; and
                ``(ii) serve in the commissioned officer corps of the 
            Administration for not fewer than four years;
            ``(D) enroll in--
                ``(i) a four-year baccalaureate program of professional 
            flight and piloting instruction; and
                ``(ii) other training or education, including basic 
            officer training, which is prescribed by the Administrator 
            as meeting the preliminary requirement for admission to the 
            commissioned officer corps of the Administration; and
            ``(E) execute a certificate or take an oath relating to 
        morality and conduct in such form as the Administrator 
        prescribes.
        ``(2) Completion of program.--A member of the program may be 
    appointed as a regular officer in the commissioned officer corps of 
    the Administration if the member meets all requirements for 
    appointment as such an officer.
    ``(d) Financial Assistance for Qualified Members.--
        ``(1) Expenses of course of instruction.--
            ``(A) In general.--In the case of a member of the program 
        who meets such qualifications as the Administrator establishes 
        for purposes of this subsection, the Administrator may pay the 
        expenses of the member in connection with pursuit of a course 
        of professional flight and piloting instruction under the 
        program, including tuition, fees, educational materials such as 
        books, training, certifications, travel, and laboratory 
        expenses.
            ``(B) Assistance after fourth academic year.--In the case 
        of a member of the program described in subparagraph (A) who is 
        enrolled in a course described in that subparagraph that has 
        been approved by the Administrator and requires more than four 
        academic years for completion, including elective requirements 
        of the program, assistance under this subsection may also be 
        provided during a fifth academic year or during a combination 
        of a part of a fifth academic year and summer sessions.
        ``(2) Room and board.--In the case of a member eligible to 
    receive assistance under paragraph (1), the Administrator may, in 
    lieu of payment of all or part of such assistance, pay the room and 
    board expenses of the member, and other educational expenses, of 
    the educational institution concerned.
        ``(3) Failure to complete program or accept commission.--A 
    member of the program who receives assistance under this subsection 
    and who does not complete the course of instruction, or who 
    completes the course but declines to accept a commission in the 
    commissioned officer corps of the Administration when offered, 
    shall be subject to the repayment provisions of subsection (e).
    ``(e) Repayment of Unearned Portion of Financial Assistance When 
Conditions of Payment Not Met.--
        ``(1) In general.--A member of the program who receives or 
    benefits from assistance under subsection (d), and whose receipt of 
    or benefit from such assistance is subject to the condition that 
    the member fully satisfy the requirements of subsection (c), shall 
    repay to the United States an amount equal to the assistance 
    received or benefitted from if the member fails to fully satisfy 
    such requirements and may not receive or benefit from any unpaid 
    amounts of such assistance after the member fails to satisfy such 
    requirements, unless the Administrator determines that the 
    imposition of the repayment requirement and the termination of 
    payment of unpaid amounts of such assistance with regard to the 
    member would be--
            ``(A) contrary to a personnel policy or management 
        objective;
            ``(B) against equity and good conscience; or
            ``(C) contrary to the best interests of the United States.
        ``(2) Regulations.--The Administrator may establish, by 
    regulations, procedures for determining the amount of the repayment 
    required under this subsection and the circumstances under which an 
    exception to repayment may be granted. The Administrator may 
    specify in the regulations the conditions under which financial 
    assistance to be paid to a member of the program will not be made 
    if the member no longer satisfies the requirements in subsection 
    (c) or qualifications in subsection (d) for such assistance.
        ``(3) Obligation as debt to united states.--An obligation to 
    repay the United States under this subsection is, for all purposes, 
    a debt owed to the United States.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to reauthorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372), 
as amended by section 104(b), is further amended by inserting after the 
item relating to section 217 the following:

``Sec. 218. Aviation accession training programs.''.
    SEC. 106. RECRUITING MATERIALS.
    (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as amended by 
section 105(a), is further amended by adding at the end the following:
    ``SEC. 219. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS.
    ``The Secretary may use for public relations purposes of the 
Department of Commerce any advertising materials developed for use for 
recruitment and retention of personnel for the commissioned officer 
corps of the Administration. Any such use shall be under such 
conditions and subject to such restrictions as the Secretary shall 
prescribe.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to reauthorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372), 
as amended by section 105(b), is further amended by inserting after the 
item relating to section 218 the following:

``Sec. 219. Use of recruiting materials for public relations.''.
    SEC. 107. 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''.

                    TITLE II--PARITY AND RECRUITMENT

    SEC. 201. EDUCATION LOANS.
    (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is amended by 
adding at the end the following:
    ``SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM.
    ``(a) Authority To Repay Education Loans.--For the purpose of 
maintaining adequate numbers of officers of the commissioned officer 
corps of the Administration on active duty who have skills required by 
the commissioned officer corps, the Secretary may repay, in the case of 
a person described in subsection (b), a loan that--
        ``(1) was used by the person to finance education; and
        ``(2) was obtained from a governmental entity, private 
    financial institution, educational institution, or other authorized 
    entity.
    ``(b) Eligible Persons.--To be eligible to obtain a loan repayment 
under this section, a person must--
        ``(1) satisfy one of the requirements specified in subsection 
    (c);
        ``(2) be fully qualified for, or hold, an appointment as a 
    commissioned officer in the commissioned officer corps of the 
    Administration; and
        ``(3) sign a written agreement to serve on active duty, or, if 
    on active duty, to remain on active duty for a period in addition 
    to any other incurred active duty obligation.
    ``(c) Academic and Professional Requirements.--One of the following 
academic requirements must be satisfied for purposes of determining the 
eligibility of an individual for a loan repayment under this section:
        ``(1) The person is fully qualified in a profession that the 
    Secretary has determined to be necessary to meet identified skill 
    shortages in the commissioned officer corps of the Administration.
        ``(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 of the Administration.
    ``(d) Loan Repayments.--
        ``(1) In general.--Subject to the limits established under 
    paragraph (2), a loan repayment under this section may consist of 
    the payment of the principal, interest, and related expenses of a 
    loan obtained by a person described in subsection (b).
        ``(2) Limitation on amount.--For each year of obligated service 
    that a person agrees to serve in an agreement described in 
    subsection (b)(3), the Secretary may pay not more than the amount 
    specified in section 2173(e)(2) of title 10, United States Code.
    ``(e) Active Duty Service Obligation.--
        ``(1) In general.--A person entering into an agreement 
    described in subsection (b)(3) incurs an active duty service 
    obligation.
        ``(2) Length of obligation determined under regulations.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        the length of the obligation under paragraph (1) shall be 
        determined under regulations prescribed by the Secretary.
            ``(B) Minimum obligation.--The regulations prescribed under 
        subparagraph (A) may not provide for a period of obligation of 
        less than one year for each maximum annual amount, or portion 
        thereof, paid on behalf of the person for qualified loans.
        ``(3) Persons on active duty before entering into agreement.--
    The active duty service obligation of persons on active duty before 
    entering into the agreement shall be served after the conclusion of 
    any other obligation incurred under the agreement.
        ``(4) Concurrent completion of service obligations.--A service 
    obligation under this section may be completed concurrently with a 
    service obligation under section 216.
    ``(f) Effect of Failure To Complete Obligation.--
        ``(1) Alternative obligations.--An officer who is relieved of 
    the officer's active duty obligation under this section before the 
    completion of that obligation may be given any alternative 
    obligation, at the discretion of the Secretary.
        ``(2) Repayment.--An officer who does not complete the period 
    of active duty specified in the agreement entered into under 
    subsection (b)(3), or the alternative obligation imposed under 
    paragraph (1), shall be subject to the repayment provisions under 
    section 216.
    ``(g) Rulemaking.--The Secretary shall prescribe regulations to 
carry out this section, including--
        ``(1) standards for qualified loans and authorized payees; and
        ``(2) other terms and conditions for the making of loan 
    repayments.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to reauthorize 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. 202. INTEREST PAYMENTS.
    (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as amended by 
section 201(a), is further amended by adding at the end the following:
    ``SEC. 268. INTEREST PAYMENT PROGRAM.
    ``(a) Authority.--The Secretary may pay the interest and any 
special allowances that accrue on one or more student loans of an 
eligible officer, in accordance with this section.
    ``(b) Eligible Officers.--An officer is eligible for the benefit 
described in subsection (a) while the officer--
        ``(1) is serving on active duty;
        ``(2) has not completed more than three years of service on 
    active duty;
        ``(3) is the debtor on one or more unpaid loans described in 
    subsection (c); and
        ``(4) is not in default on any such loan.
    ``(c) Student Loans.--The authority to make payments under 
subsection (a) may be exercised with respect to the following loans:
        ``(1) A loan made, insured, or guaranteed under part B of title 
    IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.).
        ``(2) A loan made under part D of such title (20 U.S.C. 1087a 
    et seq.).
        ``(3) A loan made under part E of such title (20 U.S.C. 1087aa 
    et seq.).
    ``(d) Maximum Benefit.--Interest and any special allowance may be 
paid on behalf of an officer under this section for any of the 36 
consecutive months during which the officer is eligible under 
subsection (b).
    ``(e) Coordination With Secretary of Education.--
        ``(1) In general.--The Secretary shall consult with the 
    Secretary of Education regarding the administration of this 
    section.
        ``(2) Reimbursement authorized.--The Secretary is authorized to 
    reimburse the Secretary of Education--
            ``(A) for the funds necessary 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) for any reasonable administrative costs incurred by 
        the Secretary of Education 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.).
    ``(f) Special Allowance Defined.--In this section, the term 
`special allowance' means a special allowance that is payable under 
section 438 of the Higher Education Act of 1965 (20 U.S.C. 1087-1).''.
    (b) Conforming Amendments.--
        (1) Section 428(o) of the Higher Education Act of 1965 (20 
    U.S.C. 1078(o)) is amended--
            (A) by striking the subsection heading and inserting 
        ``Armed Forces and NOAA Commissioned Officer Corps Student Loan 
        Interest Payment Programs''; and
            (B) in paragraph (1)--
                (i) by inserting ``or section 268 of the National 
            Oceanic and Atmospheric Administration Commissioned Officer 
            Corps Act of 2002'' after ``Code,''; and
                (ii) by inserting ``or an officer in the commissioned 
            officer corps of the National Oceanic and Atmospheric 
            Administration, respectively,'' after ``Armed Forces''.
        (2) Sections 455(l) and 464(j) of the Higher Education Act of 
    1965 (20 U.S.C. 1087e(l) and 1087dd(j)) are each amended--
            (A) by striking the subsection heading and inserting 
        ``Armed Forces and NOAA Commissioned Officer Corps Student Loan 
        Interest Payment Programs''; and
            (B) in paragraph (1)--
                (i) by inserting ``or section 268 of the National 
            Oceanic and Atmospheric Administration Commissioned Officer 
            Corps Act of 2002'' after ``Code,''; and
                (ii) by inserting ``or an officer in the commissioned 
            officer corps of the National Oceanic and Atmospheric 
            Administration, respectively'' after ``Armed Forces''.
    (c) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to reauthorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372), 
as amended by section 201(b), is further amended by inserting after the 
item relating to section 267 the following:

``Sec. 268. Interest payment program.''.
    SEC. 203. STUDENT PRE-COMMISSIONING PROGRAM.
    (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as amended by 
section 202(a), is further amended by adding at the end the following:
    ``SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION ASSISTANCE PROGRAM.
    ``(a) Authority To Provide Financial Assistance.--For the purpose 
of maintaining adequate numbers of officers of the commissioned officer 
corps of the Administration on active duty, the Secretary may provide 
financial assistance to a person described in subsection (b) for 
expenses of the person while the person is pursuing on a full-time 
basis at an accredited educational institution (as determined by the 
Secretary of Education) a program of education approved by the 
Secretary that leads to--
        ``(1) a baccalaureate degree in not more than five academic 
    years; or
        ``(2) a postbaccalaureate degree.
    ``(b) Eligible Persons.--
        ``(1) In general.--A person is eligible to obtain financial 
    assistance under subsection (a) if the person--
            ``(A) is enrolled on a full-time basis in a program of 
        education referred to in subsection (a) at any educational 
        institution described in such subsection;
            ``(B) meets all of the requirements for acceptance into the 
        commissioned officer corps of the Administration except for the 
        completion of a baccalaureate degree; and
            ``(C) enters into a written agreement with the Secretary 
        described in paragraph (2).
        ``(2) Agreement.--A written agreement referred to in paragraph 
    (1)(C) is an agreement between the person and the Secretary in 
    which the person--
            ``(A) agrees to accept an appointment as an officer, if 
        tendered; and
            ``(B) upon completion of the person's educational program, 
        agrees to serve on active duty, immediately after appointment, 
        for--
                ``(i) up to three years if the person received less 
            than three years of assistance; and
                ``(ii) up to five years if the person received at least 
            three years of assistance.
    ``(c) Qualifying Expenses.--Expenses for which financial assistance 
may be provided under subsection (a) are the following:
        ``(1) Tuition and fees charged by the educational institution 
    involved.
        ``(2) The cost of educational materials.
        ``(3) In the case of a program of education leading to a 
    baccalaureate degree, laboratory expenses.
        ``(4) Such other expenses as the Secretary considers 
    appropriate.
    ``(d) Limitation on Amount.--The Secretary shall prescribe the 
amount of financial assistance provided to a person under subsection 
(a), which may not exceed the amount specified in section 2173(e)(2) of 
title 10, United States Code, for each year of obligated service that a 
person agrees to serve in an agreement described in subsection (b)(2).
    ``(e) Duration of Assistance.--Financial assistance may be provided 
to a person under subsection (a) for not more than five consecutive 
academic years.
    ``(f) Subsistence Allowance.--
        ``(1) In general.--A person who receives financial assistance 
    under subsection (a) shall be entitled to a monthly subsistence 
    allowance at a rate prescribed under paragraph (2) for the duration 
    of the period for which the person receives such financial 
    assistance.
        ``(2) Determination of amount.--The Secretary shall prescribe 
    monthly rates for subsistence allowance provided under paragraph 
    (1), which shall be equal to the amount specified in section 
    2144(a) of title 10, United States Code.
    ``(g) Initial Clothing Allowance.--
        ``(1) Training.--The Secretary may prescribe a sum which shall 
    be credited to each person who receives financial assistance under 
    subsection (a) to cover the cost of the person's initial clothing 
    and equipment issue.
        ``(2) Appointment.--Upon completion of the program of education 
    for which a person receives financial assistance under subsection 
    (a) and acceptance of appointment in the commissioned officer corps 
    of the Administration, the person may be issued a subsequent 
    clothing allowance equivalent to that normally provided to a newly 
    appointed officer.
    ``(h) Termination of Financial Assistance.--
        ``(1) In general.--The Secretary shall terminate the assistance 
    provided to a person under this section if--
            ``(A) the Secretary accepts a request by the person to be 
        released from an agreement described in subsection (b)(2);
            ``(B) the misconduct of the person results in a failure to 
        complete the period of active duty required under the 
        agreement; or
            ``(C) the person fails to fulfill any term or condition of 
        the agreement.
        ``(2) Reimbursement.--The Secretary may require a person who 
    receives assistance described in subsection (c), (f), or (g) under 
    an agreement entered into under subsection (b)(1)(C) to reimburse 
    the Secretary in an amount that bears the same ratio to the total 
    costs of the assistance provided to that person as the unserved 
    portion of active duty bears to the total period of active duty the 
    officer agreed to serve under the agreement.
        ``(3) Waiver.--The Secretary may waive the service obligation 
    of a person through an agreement entered into under subsection 
    (b)(1)(C) if the person--
            ``(A) becomes unqualified to serve on active duty in the 
        commissioned officer corps of the Administration because of a 
        circumstance not within the control of that person; or
            ``(B) is--
                ``(i) not physically qualified for appointment; and
                ``(ii) determined to be unqualified for service in the 
            commissioned officer corps of the Administration because of 
            a physical or medical condition that was not the result of 
            the person's own misconduct or grossly negligent conduct.
        ``(4) Obligation as debt to united states.--An obligation to 
    reimburse the Secretary imposed under paragraph (2) is, for all 
    purposes, a debt owed to the United States.
        ``(5) Discharge in bankruptcy.--A discharge in bankruptcy under 
    title 11, United States Code, that is entered less than five years 
    after the termination of a written agreement entered into under 
    subsection (b)(1)(C) does not discharge the person signing the 
    agreement from a debt arising under such agreement or under 
    paragraph (2).
    ``(i) Regulations.--The Secretary may prescribe such regulations 
and orders as the Secretary considers appropriate to carry out this 
section.
    ``(j) Concurrent Completion of Service Obligations.--A service 
obligation under this section may be completed concurrently with a 
service obligation under section 216.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to reauthorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372), 
as amended by section 202(c), is further amended by inserting after the 
item relating to section 268 the following:

``Sec. 269. Student pre-commissioning education assistance program.''.
    SEC. 204. LIMITATION ON EDUCATIONAL ASSISTANCE.
    (a) In General.--Each fiscal year, beginning with the fiscal year 
in which this Act is enacted, the Secretary of Commerce shall ensure 
that the total amount expended by the Secretary under section 267 of 
the National Oceanic and Atmospheric Administration Commissioned 
Officer Corps Act of 2002 (as added by section 201(a)), section 268 of 
such Act (as added by section 202(a)), and section 269 of such Act (as 
added by section 203(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 305(d)), if such section 
    entitled officer candidates to pay at monthly rates equal to the 
    basic pay of a commissioned officer in the pay grade O-1 with less 
    than 2 years of service, exceeds
        (2) the total amount the Secretary actually pays in that fiscal 
    year to officer candidates under section 203(f)(1) of such title 
    (as so added).
    (b) Officer Candidate Defined.--In this section, the term ``officer 
candidate'' has the meaning given the term in paragraph (4) of section 
212(b) of the National Oceanic and Atmospheric Administration 
Commissioned Officer Corps Act of 2002 (33 U.S.C. 3002), as added by 
section 305(c).
    SEC. 205. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, UNITED 
      STATES CODE, AND EXTENSION OF CERTAIN AUTHORITIES APPLICABLE TO 
      MEMBERS OF THE ARMED FORCES TO COMMISSIONED OFFICER CORPS.
    (a) Applicability of Certain Provisions of Title 10.--Section 
261(a) (33 U.S.C. 3071(a)) is amended--
        (1) by redesignating paragraphs (13) through (16) as paragraphs 
    (22) through (25), respectively;
        (2) by redesignating paragraphs (7) through (12) as paragraphs 
    (14) through (19), respectively;
        (3) by redesignating paragraphs (4) through (6) as paragraphs 
    (8) through (10), respectively;
        (4) by inserting after paragraph (3) the following:
        ``(4) Section 771, relating to unauthorized wearing of 
    uniforms.
        ``(5) Section 774, relating to wearing religious apparel while 
    in uniform.
        ``(6) Section 982, relating to service on State and local 
    juries.
        ``(7) Section 1031, relating to administration of oaths.'';
        (5) by inserting after paragraph (10), as redesignated, the 
    following:
        ``(11) Section 1074n, relating to annual mental health 
    assessments.
        ``(12) Section 1090a, relating to referrals for mental health 
    evaluations.
        ``(13) Chapter 58, relating to the Benefits and Services for 
    members being separated or recently separated.''; and
        (6) by inserting after paragraph (19), as redesignated, the 
    following:
        ``(20) Subchapter I of chapter 88, relating to Military Family 
    Programs, applicable on an as-available and fully reimbursable 
    basis.
        ``(21) Section 2005, relating to advanced education assistance, 
    active duty agreements, and reimbursement requirements.''.
    (b) Extension of Certain Authorities.--
        (1) Notarial services.--Section 1044a of title 10, United 
    States Code, is amended--
            (A) in subsection (a)(1), by striking ``armed forces'' and 
        inserting ``uniformed services''; and
            (B) in subsection (b)(4), by striking ``armed forces'' both 
        places it appears and inserting ``uniformed services''.
        (2) Acceptance of voluntary services for programs serving 
    members and their families.--Section 1588 of such title is 
    amended--
            (A) in subsection (a)(3), in the matter before subparagraph 
        (A), by striking ``armed forces'' and inserting ``uniformed 
        services''; and
            (B) by adding at the end the following new subsection:
    ``(g) Secretary Concerned for Acceptance of Services for Programs 
Serving Members of NOAA Corps and Their Families.--For purposes of the 
acceptance of services described in subsection (a)(3), the term 
`Secretary concerned' in subsection (a) shall include the Secretary of 
Commerce with respect to members of the commissioned officer corps of 
the National Oceanic and Atmospheric Administration.''.
        (3) Capstone course for newly selected flag officers.--Section 
    2153 of such title is amended--
            (A) in subsection (a)--
                (i) by inserting ``or the commissioned officer corps of 
            the National Oceanic and Atmospheric Administration'' after 
            ``in the case of the Navy''; and
                (ii) by striking ``other armed forces'' and inserting 
            ``other uniformed services''; and
            (B) in subsection (b)(1), in the matter before subparagraph 
        (A), by inserting ``or the Secretary of Commerce, as 
        applicable,'' after ``the Secretary of Defense''.
    SEC. 206. 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.
    ``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 403(l), relating to temporary continuation of 
    housing allowance for dependents of members dying on active duty.
        ``(2) Section 415, relating to initial uniform allowances.
        ``(3) Section 488, relating to allowances for recruiting 
    expenses.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to reauthorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372) 
is amended by inserting after the item relating to section 261 the 
following:

``Sec. 261A. Applicability of certain provisions of title 37, United 
          States Code.''.
    SEC. 207. PROHIBITION ON RETALIATORY PERSONNEL ACTIONS.
    (a) In General.--Subsection (a) of section 261 (33 U.S.C. 3071), as 
amended by section 205(a), is further amended--
        (1) by redesignating paragraphs (8) through (25) as paragraphs 
    (9) through (26), respectively; and
        (2) by inserting after paragraph (7) the following:
        ``(8) Section 1034, relating to protected communications and 
    prohibition of retaliatory personnel actions.''.
    (b) Conforming Amendment.--Subsection (b) of such section 261 is 
amended by adding at the end the following: ``For purposes of paragraph 
(8) of subsection (a), the term `Inspector General' in section 1034 of 
such title 10 shall mean the Inspector General of the Department of 
Commerce.''.
    (c) Regulations.--Such section is further amended by adding at the 
end the following:
    ``(c) Regulations Regarding Protected Communications and 
Prohibition of Retaliatory Personnel Actions.--The Secretary may 
prescribe regulations to carry out the application of section 1034 of 
title 10, United States Code, to the commissioned officer corps of the 
Administration, including by prescribing such administrative procedures 
for investigation and appeal within the commissioned officer corps as 
the Secretary considers appropriate.''.
    SEC. 208. 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. 209. 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 Act, 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 of the Administration for at least three 
years to be serving in a career or career-conditional position in the 
competitive service within the Administration for purposes of such 
limitation.
    ``(b) Career Appointments.--If the Secretary selects an application 
submitted by an officer described in subsection (a) for a position 
described in such subsection, the Secretary shall give such officer a 
career or career-conditional appointment in the competitive service, as 
appropriate.
    ``(c) Competitive Service Defined.--In this section, the term 
`competitive service' has the meaning given the term in section 2102 of 
title 5, United States Code.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to reauthorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372) 
is amended by inserting after the item relating to section 269, as 
added by section 203(b), the following new item:

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

           TITLE III--APPOINTMENTS AND PROMOTION OF OFFICERS

    SEC. 301. APPOINTMENTS.
    (a) Original Appointments.--Section 221 (33 U.S.C. 3021) is amended 
to read as follows:
    ``SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINTMENTS.
    ``(a) Original Appointments.--
        ``(1) Grades.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        an original appointment of an officer may be made in such 
        grades as may be appropriate for--
                ``(i) the qualification, experience, and length of 
            service of the appointee; and
                ``(ii) the commissioned officer corps of the 
            Administration.
            ``(B) Appointment of officer candidates.--
                ``(i) Limitation on grade.--An original appointment of 
            an officer candidate, upon graduation from the basic 
            officer training program of the commissioned officer corps 
            of the Administration, may not be made in any other grade 
            than ensign.
                ``(ii) Rank.--Officer candidates receiving appointments 
            as ensigns upon graduation from the basic officer training 
            program shall take rank according to their proficiency as 
            shown by the order of their merit at date of graduation.
        ``(2) Source of appointments.--An original appointment may be 
    made from among the following:
            ``(A) Graduates of the basic officer training program of 
        the commissioned officer corps of the Administration.
            ``(B) Subject to the approval of the Secretary of Defense, 
        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 State maritime academies who--
                ``(i) otherwise meet the academic standards for 
            enrollment in the training program described in 
            subparagraph (A);
                ``(ii) completed at least three years of regimented 
            training while at a State maritime academy; and
                ``(iii) obtained an unlimited tonnage or unlimited 
            horsepower Merchant Mariner Credential from the United 
            States Coast Guard.
            ``(D) Licensed officers of the United States merchant 
        marine who have served two or more years aboard a vessel of the 
        United States in the capacity of a licensed officer, who 
        otherwise meet the academic standards for enrollment in the 
        training program described in subparagraph (A).
        ``(3) Definitions.--In this subsection:
            ``(A) 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) State maritime academy.--The term `State maritime 
        academy' has the meaning given the term in section 51102 of 
        title 46, United States Code.
    ``(b) Reappointment.--
        ``(1) In general.--Except as provided in paragraph (2), an 
    individual who previously served in the commissioned officer corps 
    of the Administration may be appointed by the Secretary to the 
    grade the individual held prior to separation.
        ``(2) Reappointments to higher grades.--An appointment under 
    paragraph (1) to a position of importance and responsibility 
    designated under section 228 may only be made by the President.
    ``(c) Qualifications.--An appointment under subsection (a) or (b) 
may not be given to an individual until the individual's mental, moral, 
physical, and professional fitness to perform the duties of an officer 
has been established under such regulations as the Secretary shall 
prescribe.
    ``(d) Order of Precedence.--Appointees under this section shall 
take precedence in the grade to which appointed in accordance with the 
dates of their commissions as commissioned officers in such grade. The 
order of precedence of appointees whose dates of commission are the 
same shall be determined by the Secretary.
    ``(e) Inter-Service Transfers.--For inter-service transfers (as 
described in Department of Defense Directive 1300.4 (dated December 27, 
2006)) the Secretary shall--
        ``(1) coordinate with the Secretary of Defense and the 
    Secretary of the Department in which the Coast Guard is operating 
    to promote and streamline inter-service transfers;
        ``(2) give preference to such inter-service transfers for 
    recruitment purposes as determined appropriate by the Secretary; 
    and
        ``(3) reappoint such inter-service transfers to the equivalent 
    grade in the commissioned officer corps of the Administration.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to reauthorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372) 
is amended by striking the item relating to section 221 and inserting 
the following:

``Sec. 221. Original appointments and reappointments.''.
    SEC. 302. PERSONNEL BOARDS.
    Section 222 (33 U.S.C. 3022) is amended to read as follows:
    ``SEC. 222. PERSONNEL BOARDS.
    ``(a) Convening.--Not less frequently than once each year and at 
such other times as the Secretary determines necessary, the Secretary 
shall convene a personnel board.
    ``(b) Membership.--
        ``(1) In general.--A board convened under subsection (a) shall 
    consist of five or more officers who are serving in or above the 
    permanent grade of the officers under consideration by the board.
        ``(2) Retired officers.--Officers on the retired list may be 
    recalled to serve on such personnel boards as the Secretary 
    considers necessary.
        ``(3) No membership on two successive boards.--No officer may 
    be a member of two successive personnel boards convened to consider 
    officers of the same grade for promotion or separation.
    ``(c) Duties.--Each personnel board shall--
        ``(1) recommend to the Secretary such changes as may be 
    necessary to correct any erroneous position on the lineal list that 
    was caused by administrative error; and
        ``(2) make selections and recommendations to the Secretary and 
    the President for the appointment, promotion, involuntary 
    separation, continuation, and involuntary retirement of officers in 
    the commissioned officer corps of the Administration as prescribed 
    in this title.
    ``(d) Action on Recommendations Not Acceptable.--If any 
recommendation by a board convened under subsection (a) is not accepted 
by the Secretary or the President, the board shall make such further 
recommendations as the Secretary or the President considers 
appropriate.
    ``(e) Authority for Officers to Opt Out of Promotion 
Consideration.--
        ``(1) In general.--The Director of the National Oceanic and 
    Atmospheric Administration Commissioned Officer Corps may provide 
    that an officer, upon the officer's request and with the approval 
    of the Director, be excluded from consideration for promotion by a 
    personnel board convened under this section.
        ``(2) Approval.--The Director shall approve a request made by 
    an officer under paragraph (1) only if--
            ``(A) the basis for the request is to allow the officer to 
        complete a broadening assignment, advanced education, another 
        assignment of significant value to the Administration, a career 
        progression requirement delayed by the assignment or education, 
        or a qualifying personal or professional circumstance, as 
        determined by the Director;
            ``(B) the Director determines the exclusion from 
        consideration is in the best interest of the Administration; 
        and
            ``(C) the officer has not previously failed selection for 
        promotion to the grade for which the officer requests the 
        exclusion from consideration.''.
    SEC. 303. POSITIONS OF IMPORTANCE AND RESPONSIBILITY.
    Section 228 (33 U.S.C. 3028) is amended--
        (1) in subsection (c)--
            (A) in the first sentence, by striking ``The Secretary 
        shall designate one position under this section'' and inserting 
        ``The President shall designate one position''; and
            (B) in the second sentence, by striking ``That position 
        shall be filled by'' and inserting ``The President shall fill 
        that position by appointing, by and with the advice and consent 
        of the Senate,'';
        (2) in subsection (d)(2), by inserting ``or immediately 
    beginning a period of terminal leave'' after ``for which a higher 
    grade is designated'';
        (3) by amending subsection (e) to read as follows:
    ``(e) Limit on Number of Officers Appointed.--The total number of 
officers serving on active duty at any one time in the grade of rear 
admiral (lower half) or above may not exceed five, with only one 
serving in the grade of vice admiral.''; and
        (4) in subsection (f), by inserting ``or in a period of annual 
    leave used at the end of the appointment'' after ``serving in that 
    grade''.
    SEC. 304. 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 of the Administration, 
officers in any permanent grade may be temporarily promoted one grade 
by the President. Any such temporary promotion terminates upon the 
transfer of the officer to a new assignment.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to reauthorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372) 
is amended by striking the item relating to section 229 and inserting 
the following:

``Sec. 229. Temporary appointments.''.
    SEC. 305. OFFICER CANDIDATES.
    (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.) is amended by 
adding at the end the following:
    ``SEC. 234. OFFICER CANDIDATES.
    ``(a) Determination of Number.--The Secretary shall determine the 
number of appointments of officer candidates.
    ``(b) Appointment.--Appointment of officer candidates shall be made 
under regulations, which the Secretary shall prescribe, including 
regulations with respect to determining age limits, methods of 
selection of officer candidates, term of service as an officer 
candidate before graduation from the basic officer training program of 
the Administration, and all other matters affecting such appointment.
    ``(c) Dismissal.--The Secretary may dismiss from the basic officer 
training program of the Administration any officer candidate who, 
during the officer candidate's term as an officer candidate, the 
Secretary considers unsatisfactory in either academics or conduct, or 
not adapted for a career in the commissioned officer corps of the 
Administration. Officer candidates shall be subject to rules governing 
discipline prescribed by the Director of the National Oceanic and 
Atmospheric Administration Commissioned Officer Corps.
    ``(d) Agreement.--
        ``(1) In general.--Each officer candidate shall sign an 
    agreement with the Secretary in accordance with section 216(a)(2) 
    regarding the officer candidate's term of service in the 
    commissioned officer corps of the Administration.
        ``(2) Elements.--An agreement signed by an officer candidate 
    under paragraph (1) shall provide that the officer candidate agrees 
    to the following:
            ``(A) That the officer candidate will complete the course 
        of instruction at the basic officer training program of the 
        Administration.
            ``(B) That upon graduation from such program, the officer 
        candidate--
                ``(i) will accept an appointment, if tendered, as an 
            officer; and
                ``(ii) will serve on active duty for at least four 
            years immediately after such appointment.
    ``(e) Regulations.--The Secretary shall prescribe regulations to 
carry out this section. Such regulations shall include--
        ``(1) standards for determining what constitutes a breach of an 
    agreement signed under subsection (d)(1); and
        ``(2) procedures for determining whether such a breach has 
    occurred.
    ``(f) Repayment.--An officer candidate or former officer candidate 
who does not fulfill the terms of the obligation to serve as specified 
under subsection (d) shall be subject to the repayment provisions of 
section 216(b).''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to reauthorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372) 
is amended by inserting after the item relating to section 233 the 
following:

``Sec. 234. Officer candidates.''.

    (c) Officer Candidate Defined.--Section 212(b) (33 U.S.C. 3002(b)) 
is amended--
        (1) by redesignating paragraphs (4) through (6) as paragraphs 
    (5) through (7), respectively; and
        (2) by inserting after paragraph (3) the following:
        ``(4) Officer candidate.--The term `officer candidate' means an 
    individual who is enrolled in the basic officer training program of 
    the Administration and is under consideration for appointment as an 
    officer under section 221(a)(2)(A).''.
    (d) Pay for Officer Candidates.--Section 203 of title 37, United 
States Code, is amended by adding at the end the following:
    ``(f)(1) An officer candidate enrolled in the basic officer 
training program of the commissioned officer corps of the National 
Oceanic and Atmospheric Administration is entitled, while participating 
in such program, to monthly officer candidate pay at monthly rates 
equal to the basic pay of an enlisted member in the pay grade E-5 with 
less than two years of service.
    ``(2) An individual who graduates from such program shall receive 
credit for the time spent participating in such program as if such time 
were time served while on active duty as a commissioned officer. If the 
individual does not graduate from such program, such time shall not be 
considered creditable for active duty or pay.''.
    SEC. 306. PROCUREMENT OF PERSONNEL.
    (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as amended by 
section 305(a), is further amended by adding at the end the following:
    ``SEC. 235. PROCUREMENT OF PERSONNEL.
    ``The Secretary may take such measures as the Secretary determines 
necessary in order to obtain recruits for the commissioned officer 
corps of the Administration, including advertising.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to reauthorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372), 
as amended by section 305(b), is further amended by inserting after the 
item relating to section 234 the following:

``Sec. 235. Procurement of personnel.''.
    SEC. 307. CAREER INTERMISSION PROGRAM.
    (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as amended by 
section 306(a), is further amended by adding at the end the following:
    ``SEC. 236. CAREER FLEXIBILITY TO ENHANCE RETENTION OF OFFICERS.
    ``(a) Programs Authorized.--The Secretary may carry out a program 
under which officers may be inactivated from active duty in order to 
meet personal or professional needs and returned to active duty at the 
end of such period of inactivation from active duty.
    ``(b) Period of Inactivation From Active Duty; Effect of 
Inactivation.--
        ``(1) In general.--The period of inactivation from active duty 
    under a program under this section of an officer participating in 
    the program shall be such period as the Secretary shall specify in 
    the agreement of the officer under subsection (c), except that such 
    period may not exceed three years.
        ``(2) Exclusion from retirement.--Any period of participation 
    of an officer in a program under this section shall not count 
    toward eligibility for retirement or computation of retired pay 
    under subtitle C.
    ``(c) Agreement.--Each officer who participates in a program under 
this section shall enter into a written agreement with the Secretary 
under which that officer shall agree as follows:
        ``(1) To undergo during the period of the inactivation of the 
    officer from active duty under the program such inactive duty 
    training as the Director of the National Oceanic and Atmospheric 
    Administration Commissioned Officer Corps shall require in order to 
    ensure that the officer retains proficiency, at a level determined 
    by the Director to be sufficient, in the technical skills, 
    professional qualifications, and physical readiness of the officer 
    during the inactivation of the officer from active duty.
        ``(2) Following completion of the period of the inactivation of 
    the officer from active duty under the program, to serve two months 
    on active duty for each month of the period of the inactivation of 
    the officer from active duty under the program.
    ``(d) Conditions of Release.--The Secretary shall--
        ``(1) prescribe regulations specifying the guidelines regarding 
    the conditions of release that must be considered and addressed in 
    the agreement required by subsection (c); and
        ``(2) at a minimum, prescribe the procedures and standards to 
    be used to instruct an officer on the obligations to be assumed by 
    the officer under paragraph (1) of such subsection while the 
    officer is released from active duty.
    ``(e) Order to Active Duty.--Under regulations prescribed by the 
Secretary, an officer participating in a program under this section 
may, in the discretion of the Secretary, be required to terminate 
participation in the program and be ordered to active duty.
    ``(f) Pay and Allowances.--
        ``(1) Basic pay.--During each month of participation in a 
    program under this section, an officer who participates in the 
    program shall be paid basic pay in an amount equal to two-
    thirtieths of the amount of monthly basic pay to which the officer 
    would otherwise be entitled under section 204 of title 37, United 
    States Code, as a member of the uniformed services on active duty 
    in the grade and years of service of the officer when the officer 
    commences participation in the program.
        ``(2) Special or incentive pay or bonus.--
            ``(A) Prohibition.--An officer who participates in a 
        program under this section shall not, while participating in 
        the program, be paid any special or incentive pay or bonus to 
        which the officer is otherwise entitled under an agreement 
        under chapter 5 of title 37, United States Code, that is in 
        force when the officer commences participation in the program.
            ``(B) Not treated as failure to perform services.--The 
        inactivation from active duty of an officer participating in a 
        program under this section shall not be treated as a failure of 
        the officer to perform any period of service required of the 
        officer in connection with an agreement for a special or 
        incentive pay or bonus under chapter 5 of title 37, United 
        States Code, that is in force when the officer commences 
        participation in the program.
        ``(3) Return to active duty.--
            ``(A) Special or incentive pay or bonus.--Subject to 
        subparagraph (B), upon the return of an officer to active duty 
        after completion by the officer of participation in a program 
        under this section--
                ``(i) any agreement entered into by the officer under 
            chapter 5 of title 37, United States Code, for the payment 
            of a special or incentive pay or bonus that was in force 
            when the officer commenced participation in the program 
            shall be revived, with the term of such agreement after 
            revival being the period of the agreement remaining to run 
            when the officer commenced participation in the program; 
            and
                ``(ii) any special or incentive pay or bonus shall be 
            payable to the officer in accordance with the terms of the 
            agreement concerned for the term specified in clause (i).
            ``(B) Limitation.--
                ``(i) In general.--Subparagraph (A) shall not apply to 
            any special or incentive pay or bonus otherwise covered by 
            that subparagraph with respect to an officer if, at the 
            time of the return of the officer to active duty as 
            described in that subparagraph--

                    ``(I) such pay or bonus is no longer authorized by 
                law; or
                    ``(II) the officer does not satisfy eligibility 
                criteria for such pay or bonus as in effect at the time 
                of the return of the officer to active duty.

                ``(ii) Pay or bonus ceases being authorized.--
            Subparagraph (A) shall cease to apply to any special or 
            incentive pay or bonus otherwise covered by that 
            subparagraph with respect to an officer if, during the term 
            of the revived agreement of the officer under subparagraph 
            (A)(i), such pay or bonus ceases being authorized by law.
            ``(C) Repayment.--An officer who is ineligible for payment 
        of a special or incentive pay or bonus otherwise covered by 
        this paragraph by reason of subparagraph (B)(i)(II) shall be 
        subject to the requirements for repayment of such pay or bonus 
        in accordance with the terms of the applicable agreement of the 
        officer under chapter 5 of title 37, United States Code.
            ``(D) Required service is additional.--Any service required 
        of an officer under an agreement covered by this paragraph 
        after the officer returns to active duty as described in 
        subparagraph (A) shall be in addition to any service required 
        of the officer under an agreement under subsection (c).
        ``(4) Travel and transportation allowance.--
            ``(A) In general.--Subject to subparagraph (B), an officer 
        who participates in a program under this section is entitled, 
        while participating in the program, to the travel and 
        transportation allowances authorized by section 474 of title 
        37, United States Code, for--
                ``(i) travel performed from the residence of the 
            officer, at the time of release from active duty to 
            participate in the program, to the location in the United 
            States designated by the officer as the officer's residence 
            during the period of participation in the program; and
                ``(ii) travel performed to the residence of the officer 
            upon return to active duty at the end of the participation 
            of the officer in the program.
            ``(B) Single residence.--An allowance is payable under this 
        paragraph only with respect to travel of an officer to and from 
        a single residence.
        ``(5) Leave balance.--An officer who participates in a program 
    under this section is entitled to carry forward the leave balance 
    existing as of the day on which the officer begins participation 
    and accumulated in accordance with section 701 of title 10, United 
    States Code, but not to exceed 60 days.
    ``(g) Promotion.--
        ``(1) In general.--An officer participating in a program under 
    this section shall not, while participating in the program, be 
    eligible for consideration for promotion under subtitle B.
        ``(2) Return to service.--Upon the return of an officer to 
    active duty after completion by the officer of participation in a 
    program under this section--
            ``(A) the Secretary may adjust the date of rank of the 
        officer in such manner as the Secretary shall prescribe in 
        regulations for purposes of this section; and
            ``(B) the officer shall be eligible for consideration for 
        promotion when officers of the same competitive category, 
        grade, and seniority are eligible for consideration for 
        promotion.
    ``(h) Continued Entitlements.--An officer participating in a 
program under this section shall, while participating in the program, 
be treated as a member of the uniformed services on active duty for a 
period of more than 30 days for purposes of--
        ``(1) the entitlement of the officer and of the dependents of 
    the officer to medical and dental care under the provisions of 
    chapter 55 of title 10, United States Code; and
        ``(2) retirement or separation for physical disability under 
    the provisions of subtitle C.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Act entitled ``An Act to reauthorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372), 
as amended by section 306(b), is further amended by inserting after the 
item relating to section 235 the following:

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

            TITLE IV--SEPARATION AND RETIREMENT OF OFFICERS

    SEC. 401. INVOLUNTARY RETIREMENT OR SEPARATION.
    Section 241 (33 U.S.C. 3041) is amended by adding at the end the 
following:
    ``(d) Deferment of Retirement or Separation for Medical Reasons.--
        ``(1) In general.--If the Secretary determines that the 
    evaluation of the medical condition of an officer requires 
    hospitalization or medical observation that cannot be completed 
    with confidence in a manner consistent with the officer's well-
    being before the date on which the officer would otherwise be 
    required to retire or be separated under this section, the 
    Secretary may defer the retirement or separation of the officer.
        ``(2) Consent required.--A deferment may only be made with the 
    written consent of the officer involved. If the officer does not 
    provide written consent to the deferment, the officer shall be 
    retired or separated as scheduled.
        ``(3) Limitation.--A deferment of retirement or separation 
    under this subsection may not extend for more than 30 days after 
    completion of the evaluation requiring hospitalization or medical 
    observation.''.
    SEC. 402. 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 V--OTHER NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION MATTERS

    SEC. 501. CHARTING AND SURVEY SERVICES.
    (a) In General.--Not later than 270 days after the development of 
the strategy required by section 1002(b) of the Frank LoBiondo Coast 
Guard Authorization Act of 2018 (33 U.S.C. 892a note), the Secretary of 
Commerce shall enter into not fewer than 2 multi-year contracts with 1 
or more private entities for the performance of charting and survey 
services by vessels.
    (b) Charting and Surveys in the Arctic.--In soliciting and engaging 
the services of vessels under subsection (a), the Secretary shall 
particularly emphasize the need for charting and surveys in the Arctic.
    SEC. 502. CO-LOCATION AGREEMENTS.
    (a) In General.--During fiscal years 2021 through 2030, and subject 
to the availability of appropriations, the Administrator of the 
National Oceanic and Atmospheric Administration may execute 
noncompetitive co-location agreements for real property and incidental 
goods and services with entities described in subsection (b) for 
periods of not more than 20 years, if each such agreement is supported 
by a price reasonableness analysis.
    (b) Entities Described.--An entity described in this subsection 
is--
        (1) the government of any State, territory, possession, or 
    locality of the United States;
        (2) any Tribal organization (as defined in section 4 of the 
    Indian Self-Determination and Education Assistance Act (25 U.S.C. 
    5304));
        (3) any subdivision of--
            (A) a government described in paragraph (1); or
            (B) an organization described in paragraph (2); or
        (4) any organization that is--
            (A) organized under the laws of the United States or any 
        jurisdiction within the United States; and
            (B) described in section 501(c) of the Internal Revenue 
        Code of 1986 and exempt from tax under section 501(a) of such 
        Code.
    (c) Collaboration Agreements.--Upon the execution of an agreement 
authorized by subsection (a) with an entity, the Administrator may 
enter into agreements with the entity to collaborate or engage in 
projects or programs on matters of mutual interest for periods not to 
exceed the term of the agreement. The cost of such agreements shall be 
apportioned equitably, as determined by the Administrator.
    (d) Savings Clause.--Nothing in this section shall be construed--
        (1) to affect the authority of the Administrator of General 
    Services; or
        (2) to grant the Administrator of the National Oceanic and 
    Atmospheric Administration any additional authority to enter into a 
    lease without approval of the General Services Administration.
    SEC. 503. SATELLITE AND DATA MANAGEMENT.
    Section 301 of the Weather Research and Forecasting Innovation Act 
of 2017 (15 U.S.C. 8531) is amended--
        (1) in subsection (c)(1), by striking subparagraph (D) and 
    inserting the following:
            ``(D) improve--
                ``(i) weather and climate forecasting and predictions; 
            and
                ``(ii) the understanding, management, and exploration 
            of the ocean.''; and
        (2) in subsection (d)--
            (A) in paragraph (1)--
                (i) by striking ``data and satellite systems'' and 
            inserting ``data, satellite, and other observing systems''; 
            and
                (ii) by striking ``to carry out'' and all that follows 
            and inserting the following: ``to carry out--
            ``(A) basic, applied, and advanced research projects and 
        ocean exploration missions to meet the objectives described in 
        subparagraphs (A) through (D) of subsection (c)(1); or
            ``(B) any other type of project to meet other mission 
        objectives, as determined by the Under Secretary.'';
            (B) in paragraph (2)(B)(i), by striking ``satellites'' and 
        all that follows and inserting ``systems, including satellites, 
        instrumentation, ground stations, data, and data processing;''; 
        and
            (C) in paragraph (3), by striking ``2023'' and inserting 
        ``2030''.
    SEC. 504. IMPROVEMENTS RELATING TO SEXUAL HARASSMENT AND ASSAULT 
      PREVENTION AT THE NATIONAL OCEANIC AND ATMOSPHERIC 
      ADMINISTRATION.
    (a) Reporting.--Subtitle C of title XXXV of the National Defense 
Authorization Act for Fiscal Year 2017 (33 U.S.C. 894 et seq.) is 
amended--
        (1) in section 3541(b)(3)(B) (33 U.S.C. 894(b)(3)(B)), by 
    striking ``can be confidentially reported'' and inserting ``can be 
    reported on a restricted or unrestricted basis''; and
        (2) in section 3542(b)(5)(B) (33 U.S.C. 894a(b)(5)(B)), by 
    striking ``can be confidentially reported'' and inserting ``can be 
    reported on a restricted or unrestricted basis''.
    (b) Investigative Requirement.--Such subtitle is amended--
        (1) by redesignating sections 3546 and 3547 as sections 3548 
    and 3549, respectively; and
        (2) by inserting after section 3545 the following:
``SEC. 3546. INVESTIGATION REQUIREMENT.
    ``(a) Requirement to Investigate.--
        ``(1) In general.--The Secretary of Commerce, acting through 
    the Under Secretary for Oceans and Atmosphere, shall ensure that 
    each allegation of sexual harassment reported under section 3541 
    and each allegation of sexual assault reported under section 3542 
    is investigated thoroughly and promptly.
        ``(2) Sense of congress on commencement of investigation.--It 
    is the sense of Congress that the Secretary should ensure that an 
    investigation of alleged sexual harassment reported under section 
    3541 or sexual assault reported under section 3542 commences not 
    later than 48 hours after the time at which the allegation was 
    reported.
    ``(b) Notification of Delay.--In any case in which the time between 
the reporting of alleged sexual harassment or sexual assault under 
section 3541 or 3542, respectively, and commencement of an 
investigation of the allegation exceeds 48 hours, the Secretary shall 
notify the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Natural Resources of the House of 
Representatives of the delay.
``SEC. 3547. CRIMINAL REFERRAL.
    ``If the Secretary of Commerce finds, pursuant to an investigation 
under section 3546, evidence that a crime may have been committed, the 
Secretary shall refer the matter to the appropriate law enforcement 
authorities, including the appropriate United States Attorney.''.
    (c) Clerical Amendment.--The table of contents in section 2(b) of 
such Act is amended by striking the items relating to sections 3546 and 
3547 and inserting the following new items:

``Sec. 3546. Investigation requirement.
``Sec. 3547. Criminal referral.
``Sec. 3548. Annual report on sexual assaults in the National Oceanic 
          and Atmospheric Administration.
``Sec. 3549. Sexual assault defined.''.


                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.