[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2981 Engrossed in Senate (ES)]

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116th CONGRESS
  2d Session
                                S. 2981

_______________________________________________________________________

                                 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.''.

            Passed the Senate November 16, 2020.

            Attest:

                                                             Secretary.
116th CONGRESS

  2d Session

                                S. 2981

_______________________________________________________________________

                                 AN ACT

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