[Congressional Record Volume 166, Number 119 (Monday, June 29, 2020)]
[Senate]
[Pages S3676-S3683]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2228. Mr. MORAN submitted an amendment intended to be proposed by
him to the bill S. 4049, to authorize appropriations for fiscal year
2021 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of division A, add the following:
TITLE XVII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
COMMISSIONED OFFICER CORPS
SEC. 1701. REFERENCES TO NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION COMMISSIONED OFFICER CORPS ACT
OF 2002.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33
U.S.C. 3001 et seq.).
Subtitle A--General Provisions
SEC. 1711. 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. 1712. 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 authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372) is amended by striking the item relating
to section 215 and inserting the following:
``Sec. 215. Number of authorized commissioned officers.''.
SEC. 1713. 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 authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372) is amended by inserting after the item
relating to section 215 the following:
``Sec. 216. Obligated service requirement.''.
SEC. 1714. TRAINING AND PHYSICAL FITNESS.
(a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as
amended by section 1713(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 authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372), as amended by section 1713(b), is
further amended by inserting after the item relating to
section 216 the following:
``Sec. 217. Training and physical fitness.''.
SEC. 1715. AVIATION ACCESSION TRAINING PROGRAMS.
(a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as
amended by section 1714(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
[[Page S3677]]
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; 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 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 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; 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 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 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 authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372), as amended by section 1714(b), is
further amended by inserting after the item relating to
section 217 the following:
``Sec. 218. Aviation accession training programs.''.
SEC. 1716. RECRUITING MATERIALS.
(a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as
amended by section 1715(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 authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372), as amended by section 1715(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. 1717. TECHNICAL CORRECTION.
Section 101(21)(C) of title 38, United States Code, is
amended by inserting ``in the commissioned officer corps''
before ``of the National''.
Subtitle B--Parity and Recruitment
SEC. 1721. 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.
``(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
[[Page S3678]]
determined by the Secretary of Education) leading to a degree
in a profession that will meet identified skill shortages in
the commissioned officer corps.
``(d) Loan Repayments.--
``(1) In general.--Subject to the limits established under
paragraph (2), a loan repayment under this section may
consist of the payment of the principal, interest, and
related expenses of a loan obtained by a person described in
subsection (b).
``(2) Limitation on amount.--For each year of obligated
service that a person agrees to serve in an agreement
described in subsection (b)(3), the Secretary may pay not
more than the amount specified in section 2173(e)(2) of title
10, United States Code.
``(e) Active Duty Service Obligation.--
``(1) In general.--A person entering into an agreement
described in subsection (b)(3) incurs an active duty service
obligation.
``(2) Length of obligation determined under regulations.--
``(A) In general.--Except as provided in subparagraph (B),
the length of the obligation under paragraph (1) shall be
determined under regulations prescribed by the Secretary.
``(B) Minimum obligation.--The regulations prescribed under
subparagraph (A) may not provide for a period of obligation
of less than 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 authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372) is amended by inserting after the item
relating to section 266 the following:
``Sec. 267. Education loan repayment program.''.
SEC. 1722. INTEREST PAYMENTS.
(a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as
amended by section 1721(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) Funds for Payments.--The Secretary may use amounts
appropriated for the pay and allowances of personnel of the
commissioned officer corps of the Administration for payments
under this section.
``(f) Coordination With Secretary of Education.--
``(1) In general.--The Secretary shall consult with the
Secretary of Education regarding the administration of this
section.
``(2) Transfer of funds.--The Secretary shall transfer to
the Secretary of Education the funds necessary--
``(A) to pay interest and special allowances on student
loans under this section (in accordance with sections 428(o),
455(l), and 464(j) of the Higher Education Act of 1965 (20
U.S.C. 1078(o), 1087e(l), and 1087dd(j)); and
``(B) to reimburse the Secretary of Education for any
reasonable administrative costs incurred by the Secretary in
coordinating the program under this section with the
administration of the student loan programs under parts B, D,
and E of title IV of the Higher Education Act of 1965 (20
U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.).
``(g) Special Allowance Defined.--In this section, the term
`special allowance' means a special allowance that is payable
under section 438 of the Higher Education Act of 1965 (20
U.S.C. 1087-1).''.
(b) Conforming Amendments.--
(1) Section 428(o) of the Higher Education Act of 1965 (20
U.S.C. 1078(o)) is amended--
(A) by striking the subsection heading and inserting
``Armed Forces and NOAA Commissioned Officer Corps Student
Loan Interest Payment Programs''; and
(B) in paragraph (1)--
(i) by inserting ``or section 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 authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372), as amended by section 1721(b), is
further amended by inserting after the item relating to
section 267 the following:
``Sec. 268. Interest payment program.''.
SEC. 1723. STUDENT PRE-COMMISSIONING PROGRAM.
(a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as
amended by section 1722(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.
[[Page S3679]]
``(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 authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372), as amended by section 1722(c), is
further amended by inserting after the item relating to
section 268 the following:
``Sec. 269. Student pre-commissioning education assistance program.''.
SEC. 1724. LIMITATION ON EDUCATIONAL ASSISTANCE.
(a) In General.--Each fiscal year, beginning with the
fiscal year in which this title 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 1721(a)), section 268 of such Act
(as added by section 1722(a)), and section 269 of such Act
(as added by section 1723(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 1735(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 1735(c).
SEC. 1725. 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.
``(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. 1726. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37,
UNITED STATES CODE.
(a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is
amended by inserting after section 261 the following:
``SEC. 261A. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37,
UNITED STATES CODE.
``(a) Provisions Made Applicable to Commissioned Officer
Corps.--The provisions of law applicable to the Armed Forces
under the following provisions of title 37, United States
Code, shall apply to the commissioned officer corps of the
Administration:
``(1) Section 324, relating to accession bonuses for new
officers in critical skills.
``(2) Section 403(f)(3), relating to prescribing
regulations defining the terms `field duty' and `sea duty'.
``(3) Section 403(l), relating to temporary continuation of
housing allowance for dependents of members dying on active
duty.
``(4) Section 415, relating to initial uniform allowances.
``(5) Section 488, relating to allowances for recruiting
expenses.
``(6) Section 495, relating to allowances for funeral
honors duty.
``(b) References.--The authority vested by title 37, United
States Code, in the `military departments', `the Secretary
concerned', or `the Secretary of Defense' with respect to the
provisions of law referred to in subsection (a) shall be
exercised, with respect to the commissioned officer corps of
the Administration, by the Secretary of Commerce or the
Secretary's designee.''.
(b) Personal Money Allowance.--Section 414(a)(2) of title
37, United States Code, is amended by inserting ``or the
director of the commissioned officer corps of the National
Oceanic and Atmospheric Administration'' after ``Health
Service''.
(c) Clerical Amendment.--The table of contents in section 1
of the Act entitled ``An Act to authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372) is amended by inserting after the item
relating to section 261 the following:
[[Page S3680]]
``Sec. 261A. Applicability of certain provisions of title 37, United
States Code.''.
SEC. 1727. PROHIBITION ON RETALIATORY PERSONNEL ACTIONS.
(a) In General.--Subsection (a) of section 261 (33 U.S.C.
3071), as amended by section 1725(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
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. 1728. APPLICATION OF CERTAIN PROVISIONS OF COMPETITIVE
SERVICE LAW.
Section 3304(f) of title 5, United States Code, is
amended--
(1) in paragraph (1), by inserting ``and members of the
commissioned officer corps of the National Oceanic and
Atmospheric Administration (or its predecessor organization
the Coast and Geodetic Survey) separated from such uniformed
service'' after ``separated from the armed forces'';
(2) in paragraph (2), by striking ``or veteran'' and
inserting ``, veteran, or member''; and
(3) in paragraph (4), by inserting ``and members of the
commissioned officer corps of the National Oceanic and
Atmospheric Administration (or its predecessor organization
the Coast and Geodetic Survey) separated from such uniformed
service'' after ``separated from the armed forces''.
SEC. 1729. 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. 1730. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER
CORPS FOR PURPOSES OF CERTAIN HIRING DECISIONS.
(a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as
amended by this title, is further amended by adding at the
end the following:
``SEC. 269A. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER
CORPS AS EMPLOYMENT IN ADMINISTRATION FOR
PURPOSES OF CERTAIN HIRING DECISIONS.
``(a) In General.--In any case in which the Secretary
accepts an application for a position of employment with the
Administration and limits consideration of applications for
such position to applications submitted by individuals
serving in a career or career-conditional position in the
competitive service within the Administration, the Secretary
shall deem an officer who has served as an officer in the
commissioned officer corps for at least 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 authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372) is amended by inserting after the item
relating to section 269, as added by section 1723(b), the
following new item:
``Sec. 269A. Treatment of commission in commissioned officer corps as
employment in Administration for purposes of certain
hiring decisions.''.
Subtitle C--Appointments and Promotion of Officers
SEC. 1731. 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) Graduates of the military service academies of the
United States who otherwise meet the academic standards for
enrollment in the training program described in subparagraph
(A).
``(C) Graduates of the maritime academies of the States
who--
``(i) otherwise meet the academic standards for enrollment
in the training program described in subparagraph (A);
``(ii) completed at least three years of regimented
training while at a maritime academy of a State; and
``(iii) obtained an unlimited tonnage or unlimited
horsepower Merchant Mariner Credential from the United States
Coast Guard.
``(D) Licensed officers of the United States merchant
marine who have served 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) Maritime academies of the states.--The term `maritime
academies of the States' means the following:
``(i) California Maritime Academy, Vallejo, California.
``(ii) Great Lakes Maritime Academy, Traverse City,
Michigan.
``(iii) Maine Maritime Academy, Castine, Maine.
``(iv) Massachusetts Maritime Academy, Buzzards Bay,
Massachusetts.
``(v) State University of New York Maritime College, Fort
Schuyler, New York.
``(vi) Texas A&M Maritime Academy, Galveston, Texas.
``(B) Military service academies of the united states.--The
term `military service academies of the United States' means
the following:
``(i) The United States Military Academy, West Point, New
York.
``(ii) The United States Naval Academy, Annapolis,
Maryland.
``(iii) The United States Air Force Academy, Colorado
Springs, Colorado.
``(iv) The United States Coast Guard Academy, New London,
Connecticut.
``(v) The United States Merchant Marine Academy, Kings
Point, New York.
``(b) Reappointment.--
``(1) In general.--Except as provided in paragraph (2), an
individual who previously served in the commissioned officer
corps of the Administration may be appointed by the Secretary
to the grade the individual held prior to separation.
``(2) Reappointments to higher grades.--An appointment
under paragraph (1) to a position of importance and
responsibility designated under section 228 may only be made
by the President.
``(c) Qualifications.--An appointment under subsection (a)
or (b) may not be given to an individual until the
individual's mental, moral, physical, and professional
fitness to perform the duties of an officer has been
established under such regulations as the Secretary shall
prescribe.
``(d) 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.''.
(b) Clerical Amendment.--The table of contents in section 1
of the Act entitled ``An Act to authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372) is amended by striking the item relating
to section 221 and inserting the following:
``Sec. 221. Original appointments and reappointments.''.
SEC. 1732. 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.
[[Page S3681]]
``(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 2 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. 1733. 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. 1734. TEMPORARY APPOINTMENTS.
(a) In General.--Section 229 (33 U.S.C. 3029) is amended to
read as follows:
``SEC. 229. TEMPORARY APPOINTMENTS.
``(a) Appointments by President.--Temporary appointments in
the grade of ensign, lieutenant junior grade, or lieutenant
may be made by the President.
``(b) Termination.--A temporary appointment to a position
under subsection (a) shall terminate upon approval of a
permanent appointment for such position made by the
President.
``(c) Order of Precedence.--Appointees under subsection (a)
shall take precedence in the grade to which appointed in
accordance with the dates of their appointments as officers
in such grade. The order of precedence of appointees who are
appointed on the same date shall be determined by the
Secretary.
``(d) Any One Grade.--When determined by the Secretary to
be in the best interest of the commissioned officer corps,
officers in any permanent grade may be temporarily promoted
one grade by the President. Any such temporary promotion
terminates upon the transfer of the officer to a new
assignment.''.
(b) Clerical Amendment.--The table of contents in section 1
of the Act entitled ``An Act to authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372) is amended by striking the item relating
to section 229 and inserting the following:
``Sec. 229. Temporary appointments.''.
SEC. 1735. 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 authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372) is amended by inserting after the item
relating to section 233 the following:
``Sec. 234. Officer candidates.''.
(c) Officer Candidate Defined.--Section 212(b) (33 U.S.C.
3002(b)) is amended--
(1) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Officer candidate.--The term `officer candidate'
means an individual who is enrolled in the basic officer
training program of the Administration and is under
consideration for appointment as an officer under section
221(a)(2)(A).''.
(d) Pay for Officer Candidates.--Section 203 of title 37,
United States Code, is amended by adding at the end the
following:
``(f)(1) An officer candidate enrolled in the basic officer
training program of the commissioned officer corps of the
National Oceanic and Atmospheric Administration is entitled,
while participating in such program, to monthly officer
candidate pay at monthly 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. 1736. PROCUREMENT OF PERSONNEL.
(a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as
amended by section 1735(a), is further amended by adding at
the end the following:
``SEC. 235. PROCUREMENT OF PERSONNEL.
``The Secretary may make such expenditures as the Secretary
considers necessary in order to obtain recruits for the
commissioned officer corps of the Administration, including
advertising.''.
(b) Clerical Amendment.--The table of contents in section 1
of the Act entitled ``An Act to authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372), as amended by section 1735(b), is
further amended by inserting after the item relating to
section 234 the following:
``235. Procurement of personnel.''.
SEC. 1737. CAREER INTERMISSION PROGRAM.
(a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as
amended by section 1736(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
[[Page S3682]]
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, 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; 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 authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372), as amended by section 1736(b), is
further amended by inserting after the item relating to
section 235 the following:
``Sec. 236. Career flexibility to enhance retention of officers.''.
Subtitle D--Separation and Retirement of Officers
SEC. 1741. 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. 1742. 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
[[Page S3683]]
``(2) requests removal from the list of selectees.''.
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