[Congressional Record Volume 166, Number 130 (Thursday, July 23, 2020)]
[Senate]
[Pages S4478-S4488]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2491. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 2301 proposed by Mr. Inhofe 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 appropriate place, insert the following:

     SEC. ___. ESTABLISHMENT OF FEDERAL ADVISORY COMMITTEE ON THE 
                   DEVELOPMENT AND IMPLEMENTATION OF ARTIFICIAL 
                   INTELLIGENCE.

       (a) Establishment.--
       (1) In general.--The Secretary of Commerce shall establish 
     a Federal advisory committee to advise the Secretary on 
     matters relating to the development of artificial 
     intelligence.
       (2) Designation.--The Federal advisory committee 
     established under paragraph (1) shall be known as the 
     ``Federal Advisory Committee on the Development and 
     Implementation of Artificial Intelligence'' (in this section 
     referred to as the ``Advisory Committee'').
       (b) Purposes of the Advisory Committee.--
       (1) Advice.--The Advisory Committee shall provide advice to 
     the Secretary on matters relating to the development and use 
     of artificial general intelligence and narrow artificial 
     intelligence, including on the following as they relate to 
     artificial intelligence:
       (A) The competitiveness of the United States, including 
     matters relating to the promotion of public and private 
     sector investment and innovation into the development of 
     artificial intelligence.
       (B) Workforce, including matters relating to the potential 
     for using artificial intelligence for rapid retraining of 
     workers, due to the possible effect of technological 
     displacement and to increase the labor force participation of 
     all workers, including traditionally underrepresented 
     populations, including minorities, low-income populations, 
     and persons with disabilities.
       (C) Education, including matters relating to science, 
     technology, engineering, and mathematics education to prepare 
     the United States workforce as the needs of employers change.
       (D) Ethics training and development for individuals, 
     including both private and government technologists, working 
     on and using artificial intelligence.
       (E) Matters relating to open sharing of data and the open 
     sharing of research on artificial intelligence.
       (F) International cooperation and competitiveness, 
     including matters relating to the competitive international 
     landscape for artificial intelligence-related industries.
       (G) Accountability and legal rights, including matters 
     relating to the responsibility for any violations of laws by 
     an artificial intelligence system and the compatibility of 
     international regulations.
       (H) Matters relating to machine learning bias through core 
     cultural and societal norms.
       (I) Matters relating to how artificial intelligence can 
     serve or enhance opportunities in rural communities.
       (J) Government efficiency, including matters relating to 
     how to promote cost saving and streamline operations.
       (K) Matters relating to individual civil rights, including 
     an assessment regarding how rights are or will be affected by 
     the use of artificial intelligence technology and whether 
     such uses should be subject to additional controls, 
     oversight, or limitations.
       (L) Matters relating to urbanization and the development of 
     smart cities.
       (2) Study.--The Advisory Committee shall study and assess 
     the following:
       (A) How the term ``artificial intelligence'' should be 
     defined for purposes of this section and how the relevant 
     scope of the Advisory Committee should be defined, including 
     how such definitions relate to artificial systems and both 
     narrow and general forms of artificial intelligence. In 
     carrying out this subparagraph, the Advisory Committee shall 
     consider the following:
       ``(1) The term `artificial intelligence' includes the 
     following:
       ``(A) Any artificial systems that perform tasks under 
     varying and unpredictable circumstances, without significant 
     human oversight, or that can learn from their experience and 
     improve their performance. Such systems may be developed in 
     computer software, physical hardware, or other contexts not 
     yet contemplated. They may solve tasks requiring human-like 
     perception, cognition, planning, learning, communication, or 
     physical action. In general, the more human-like the system 
     within the context of its tasks, the more it can be said to 
     use artificial intelligence.
       ``(B) Systems that think like humans, such as cognitive 
     architectures and neural networks.
       ``(C) Systems that act like humans, such as systems that 
     can pass the Turing test or other comparable test via natural 
     language processing, knowledge representation, automated 
     reasoning, and learning.
       ``(D) A set of techniques, including machine learning, that 
     seek to approximate some cognitive task.
       ``(E) Systems that act rationally, such as intelligent 
     software agents and embodied robots that achieve goals via 
     perception, planning, reasoning, learning, communicating, 
     decisionmaking, and acting.
       ``(2) The term `artificial general intelligence' means a 
     notional future artificial intelligence system that exhibits 
     apparently intelligent behavior at least as advanced as a 
     person across the range of cognitive, emotional, and social 
     behaviors.
       ``(3) The term `narrow artificial intelligence' means an 
     artificial intelligence system that addresses specific 
     application areas such as playing strategic games, language 
     translation, self-driving vehicles, and facial or other image 
     recognition.''.
       (B) How to create a climate for public and private sector 
     investment and innovation in artificial intelligence.
       (C) The possible benefits and effects that the development 
     of artificial intelligence may have on the economy, 
     workforce, and competitiveness of the United States.
       (D) Whether and how networked, automated, artificial 
     intelligence applications and robotic devices will displace 
     or create jobs and how any job-related gains relating to 
     artificial intelligence can be maximized.
       (E) How bias can be identified and eliminated in the 
     development of artificial intelligence and in the algorithms 
     that support them, including with respect to the following:
       (i) The selection and processing of data used to train 
     artificial intelligence.
       (ii) Diversity in the development of artificial 
     intelligence.
       (iii) The ways and places the systems are deployed and the 
     potential harmful outcomes.
       (F) Whether and how to incorporate ethical standards in the 
     development and implementation of artificial intelligence.
       (G) How the Federal Government can encourage technological 
     progress in implementation of artificial intelligence that 
     benefits the full spectrum of social and economic classes.
       (H) How the privacy rights of individuals are or will be 
     affected by technological innovation relating to artificial 
     intelligence.
       (I) Whether technological advancements in artificial 
     intelligence have or will outpace the legal and regulatory 
     regimes implemented to protect consumers.
       (J) How existing laws, including those concerning data 
     access and privacy, should be modernized to enable the 
     potential of artificial intelligence.
       (K) How the Federal Government utilizes artificial 
     intelligence to handle large or complex data sets.
       (L) How ongoing dialogues and consultations with multi-
     stakeholder groups can maximize the potential of artificial 
     intelligence and further development of artificial 
     intelligence technologies that can benefit everyone 
     inclusively.
       (M) How the development of artificial intelligence can 
     affect cost savings and streamline operations in various 
     areas of government operations, including health care, 
     cybersecurity, infrastructure, and disaster recovery.
       (N) Such other matters as the Advisory Committee considers 
     appropriate.
       (3) Reports and recommendations.--
       (A) Report by advisory committee.--Not later than 540 days 
     after the date of the enactment of this Act, the Advisory 
     Committee shall submit to the Secretary and to Congress a 
     report on the findings of the Advisory Committee and such 
     recommendations as the Advisory Committee may have for 
     administrative or legislative action relating to artificial 
     intelligence.
       (B) Recommendations of secretary.--Not later than 90 days 
     after receiving the report submitted under subparagraph (A), 
     the Secretary shall review the report and submit to Congress 
     such recommendations as the Secretary may have with respect 
     to the matters contained in the report submitted under 
     subparagraph (A).
       (c) Membership.--
       (1) Voting members.--

[[Page S4479]]

       (A) In general.--The Advisory Committee shall be composed 
     of 19 voting members who shall be appointed by the Secretary, 
     with advisement from the Chair and Ranking Member of the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Chair and Ranking Member of the Committee on 
     Energy and Commerce of the House of Representatives, for 
     purposes of the Advisory Committee from among individuals 
     with expertise in matters relating to workforce development, 
     ethics, privacy, artificial intelligence, or computer 
     science.
       (B) Representation.--In carrying out subparagraph (A), the 
     Secretary shall ensure that voting members are appointed as 
     follows:
       (i) Five members from the academic or research community.
       (ii) Six members from private industry, at least 1 of whom 
     shall be from a small business concern.
       (iii) Six members from civil society, at least 2 of whom 
     shall be from groups that advocate for civil liberties or 
     civil rights.
       (iv) Two members from labor organizations or groups, 
     including those that represent the unique interests of 
     traditionally underrepresented populations.
       (C) Geographical diversity.--In carrying out subparagraph 
     (A), the Secretary shall ensure that the voting members of 
     the Advisory Committee come from diverse geographical 
     locations within the United States.
       (2) Nonvoting members.--The Advisory Committee shall also 
     be composed of such nonvoting members as the Secretary 
     considers appropriate, except that the Secretary shall 
     appoint at least 1 such member from each of the following:
       (A) The Department of Education.
       (B) The Department of Justice.
       (C) The Department of Labor.
       (D) The Department of Transportation.
       (E) The Department of Homeland Security.
       (F) The Federal Trade Commission.
       (G) The National Institute of Standards and Technology.
       (H) The National Science Foundation.
       (I) The National Science and Technology Council.
       (J) Individuals in the intelligence community (as defined 
     in section 3 of the National Security Act of 1947 (50 U.S.C. 
     3003)) who are approved by the Director of National 
     Intelligence for purposes of this paragraph.
       (K) The Privacy and Civil Liberties Oversight Board.
       (L) Such other nonvoting members as the voting members of 
     the Advisory Committee consider appropriate.
       (3) Chairperson.--The Secretary shall appoint a chairperson 
     for the Advisory Committee from among the members appointed 
     under paragraph (1).
       (d) Meetings.--The Advisory Committee shall meet--
       (1) in person no less frequently than twice each year; and
       (2) via telepresence no less frequently than once every 2 
     months.
       (e) Powers.--In order to carry out its duties under 
     subsection (b), the Advisory Committee may--
       (1) hold such hearings, sit and act at such times and 
     places, take such testimony, and receive such evidence as the 
     Advisory Committee considers appropriate;
       (2) submit to Congress such recommendations as the Advisory 
     Committee considers appropriate;
       (3) submit to Federal agencies such recommendations as the 
     Advisory Committee considers appropriate;
       (4) issue reports, guidelines, and memoranda;
       (5) hold or host conferences and symposia;
       (6) enter into cooperative agreements with third-party 
     experts to obtain relevant advice or expertise, and oversee 
     staff;
       (7) establish subcommittees; and
       (8) establish rules of procedure.
       (f) Travel Expenses.--The members of the Advisory Committee 
     shall be allowed travel expenses, including per diem in lieu 
     of subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Advisory 
     Committee.
       (g) Funding.--Except as provided in paragraph (2), amounts 
     to carry out this section shall be derived from amounts 
     appropriated or otherwise made available to the Secretary.
                                 ______
                                 
  SA 2492. Mr. MORAN (for himself, Ms. Cantwell, and Mr. Peters) 
submitted an amendment intended to be proposed to amendment SA 2301 
proposed by Mr. Inhofe 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

[[Page S4480]]

     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 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

[[Page S4481]]

     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 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) 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''.

[[Page S4482]]

       (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.
       ``(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, 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--

[[Page S4483]]

       (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.

       ``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 authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 261 the following:

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

     SEC. 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. 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. 1729. 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) 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

[[Page S4484]]

     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.
       ``(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

[[Page S4485]]

     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 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 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 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.''.

[[Page S4486]]

  


           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
       ``(2) requests removal from the list of selectees.''.

   Subtitle E--Other National Oceanic and Atmospheric Administration 
                                Matters

     SEC. 1751. 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. 1752. CO-LOCATION AGREEMENTS.

       (a) In General.--Notwithstanding any other provision of 
     law, in fiscal year 2020 and each fiscal year thereafter, 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 30 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.

     SEC. 1753. 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. 1754. 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 an 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 an 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.''.

     SEC. 1755. UPDATE TO ENVIRONMENTAL SENSITIVITY INDEX PRODUCTS 
                   OF NATIONAL OCEANIC AND ATMOSPHERIC 
                   ADMINISTRATION FOR GREAT LAKES.

       (a) Update Required for Environmental Sensitivity Index 
     Products for Great Lakes.--Not later than 180 days after the 
     date of the enactment of this Act, the Under Secretary for 
     Oceans and Atmosphere shall commence updating the 
     environmental sensitivity index products of the National 
     Oceanic and Atmospheric Administration for each coastal area 
     of the Great Lakes.
       (b) Periodic Updates for Environmental Sensitivity Index 
     Products Generally.--Subject to the availability of 
     appropriations and the priorities set forth in subsection 
     (c), the Under Secretary shall--
       (1) periodically update the environmental sensitivity index 
     products of the Administration; and
       (2) endeavor to do so not less frequently than once every 7 
     years.
       (c) Priorities.--When prioritizing geographic areas to 
     update environmental sensitivity index products, the Under 
     Secretary shall consider--
       (1) the age of existing environmental sensitivity index 
     products for the areas;
       (2) the occurrence of extreme events, be it natural or man-
     made, which have significantly altered the shoreline or 
     ecosystem since the last update;
       (3) the natural variability of shoreline and coastal 
     environments; and
       (4) the volume of vessel traffic and general vulnerability 
     to spilled pollutants.
       (d) Environmental Sensitivity Index Product Defined.--In 
     this section, the term ``environmental sensitivity index 
     product'' means a map or similar tool that is utilized to 
     identify sensitive shoreline, coastal, or offshore resources 
     prior to an oil spill event in order to set baseline 
     priorities for protection and plan cleanup strategies, 
     typically including information relating to shoreline type, 
     biological resources, and human use resources.
       (e) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Under Secretary $7,500,000 to carry out subsection (a).
       (2) Availability.--Amounts appropriated or otherwise made 
     available pursuant to paragraph (1) shall be available to the 
     Under Secretary for the purposes set forth in such paragraph 
     until expended.

[[Page S4487]]

  

                                 ______
                                 
  SA 2493. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe 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:

        In section 806(a)(1), strike subparagraphs (C) and (D) and 
     insert the following:
       (C) taking actions to address domestic barriers (including 
     regulatory, administrative, and statutory barriers) to expand 
     capacity or diversify sources of supply;
       (D) taking a combination of actions described under 
     subparagraphs (A), (B), and (C); or
       (E) taking no actions, restrictions, or additional 
     investment.
                                 ______
                                 
  SA 2494. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe 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 appropriate place, insert the following:

     SEC. ___. EXTENSION OF PERIOD FOR ADJUSTMENT OF STATUS FOR 
                   CERTAIN LIBERIAN NATIONALS.

       Section 7611(b)(1)(A) of the National Defense Authorization 
     Act for Fiscal Year 2020 (Public Law 116-92) is amended by 
     striking ``1 year After the date of enactment of the Act'' 
     and inserting ``July 1, 2021.''
                                 ______
                                 
  SA 2495. Mr. BOOZMAN 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 subtitle E of title V, add the following:

     SEC. 549. MEASURES FOR PERSONAL AND PROFESSIONAL DEVELOPMENT 
                   OF MEMBERS OF THE ARMED FORCES WHO ARE 
                   QUARANTINED IN CONNECTION WITH THE CORONAVIRUS 
                   DISEASE 2019 (COVID-19).

       (a) Development of Measures Required.--Not later than 90 
     days after the date of the enactment of this Act, the 
     Secretary of Defense shall develop measures to ensure the 
     personal and professional development of members of the Armed 
     Forces (including cadets and midshipmen at the military 
     service academies) who are quarantined in connection with the 
     Coronavirus Disease 2019 (COVID-19).
       (b) Scope of Measures.--The measures required by subsection 
     (a) shall provide for the following:
       (1) The availability to members of the Armed Forces 
     quarantined in connection with the Coronavirus Disease 2019 
     of each of the following:
       (A) Behavioral and mental health resources, including 
     access to mental health providers, counselors, and chaplains.
       (B) Physical activity and exercise.
       (C) Resources and other platforms relating to professional 
     development and self improvement
       (2) The availability of peer-to-peer interactions among 
     members described in paragraph (1), including access of 
     cadets and midshipmen at the military service academies to 
     cadre, coaches, and coaching staff.
       (3) The availability of communication between units 
     deployed and stationed at home regarding synchronization of 
     quarantine plans for units with members described in 
     paragraph (1).
       (4) Such other matters relating to the personal and 
     professional development of members of the Armed Forces who 
     are quarantined in connection with the Coronavirus Disease 
     2019 as the Secretary considers appropriate.
       (c) Commencement of Implementation.--The measures developed 
     pursuant to subsection (a) shall be implemented beginning not 
     later than 90 days after the completion of the development of 
     the measures pursuant to that subsection.
                                 ______
                                 
  SA 2496. Mr. CRUZ (for himself, Ms. Sinema, Mr. Wicker, Ms. Cantwell, 
Mr. Kaine, Mr. Cornyn, and Mr. Rubio) 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 subtitle A of title XVI, add the following:

     SEC. 1610. CONTINUATION OF THE INTERNATIONAL SPACE STATION.

       (a) Presence in Low-Earth Orbit.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) it is in the national and economic security interests 
     of the United States to maintain a continuous human presence 
     in low-Earth orbit;
       (B) the International Space Station is a strategic national 
     security asset vital to the continued space exploration and 
     scientific advancements of the United States; and
       (C) low-Earth orbit should be utilized as a testbed to 
     advance human space exploration, scientific discoveries, and 
     United States economic competitiveness and commercial 
     participation.
       (2) Human presence requirement.--The United States shall 
     continuously maintain the capability for a continuous human 
     presence in low-Earth orbit through and beyond the useful 
     life of the International Space Station.
       (b) Maintaining a National Laboratory in Space.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) the United States national laboratory in space, which 
     currently consists of the United States segment of the 
     International Space Station (designated as a national 
     laboratory under section 70905 of title 51, United States 
     Code)--
       (i) benefits the scientific community and promotes commerce 
     in space;
       (ii) fosters stronger relationships among the National 
     Aeronautics and Space Administration (referred to in this 
     section as ``NASA'') and other Federal agencies, the private 
     sector, and research groups and universities;
       (iii) advances science, technology, engineering, and 
     mathematics education through utilization of the unique 
     microgravity environment; and
       (iv) advances human knowledge and international 
     cooperation;
       (B) after the International Space Station is 
     decommissioned, the United States should maintain a national 
     microgravity laboratory in space;
       (C) in maintaining a national microgravity laboratory 
     described in subparagraph (B), the United States should make 
     appropriate accommodations for different types of ownership 
     and operational structures for the International Space 
     Station and future space stations;
       (D) the national microgravity laboratory described in 
     subparagraph (B) should be maintained beyond the date on 
     which the International Space Station is decommissioned and, 
     if possible, in cooperation with international space partners 
     to the extent practicable; and
       (E) NASA should continue to support fundamental science 
     research on future platforms in low-Earth orbit and cis-lunar 
     space, short duration suborbital flights, drop towers, and 
     other microgravity testing environments.
       (2) Report.--The Administrator of NASA shall produce, in 
     coordination with the National Space Council and other 
     Federal agencies as the Administrator considers relevant, a 
     report detailing the feasibility of establishing a 
     microgravity national laboratory Federally Funded Research 
     and Development Center to undertake the work related to the 
     study and utilization of in-space conditions.
       (c) Continuation of Authority.--
       (1) In general.--Section 501(a) of the National Aeronautics 
     and Space Administration Authorization Act of 2010 (42 U.S.C. 
     18351(a)) is amended by striking ``2024'' and inserting 
     ``2030''.
       (2) Maintenance of the united states segment and assurance 
     of continued operations of the international space station.--
     Section 503(a) of the National Aeronautics and Space 
     Administration Authorization Act of 2010 (42 U.S.C. 18353(a)) 
     is amended by striking ``2024'' and inserting ``2030''.
       (3) Research capacity allocation and integration of 
     research payloads.--Section 504(d) of the National 
     Aeronautics and Space Administration Authorization Act of 
     2010 (42 U.S.C. 18354(d)) is amended by striking ``2024'' 
     each place it appears and inserting ``2030''.
       (4) Maintaining use through at least 2030.--Section 70907 
     of title 51, United States Code, is amended--
       (A) in the section heading, by striking ``2024'' and 
     inserting ``2030''; and
       (B) by striking ``2024'' each place it appears and 
     inserting ``2030''.
       (d) Transition Plan Reports.--Section 50111(c)(2) of title 
     51, United States Code, is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``2023'' and inserting ``2028''; and
       (2) in subparagraph (J), by striking ``2028'' and inserting 
     ``2030''.
       (f) Department of Defense Activities on International Space 
     Station.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall--
       (A) identify and review each activity, program, and project 
     of the Department of Defense completed, being carried out, or 
     planned to be carried out on the International Space Station 
     as of the date of the review; and

[[Page S4488]]

       (B) provide to the appropriate committees of Congress a 
     briefing that describes the results of the review.
       (2) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services, the Committee on 
     Commerce, Science, and Transportation, and the Committee on 
     Appropriations of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Science, Space, and Technology, and the Committee on 
     Appropriations of the House of Representatives.
                                 ______
                                 
  SA 2497. Mr. DURBIN (for himself, Ms. Duckworth, Mr. Perdue, Mr. 
Blumenthal, Mr. Jones, Mr. Murphy, Mr. Casey, and Ms. Klobuchar) 
submitted an amendment intended to be proposed to amendment SA 2301 
proposed by Mr. Inhofe 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 subtitle C of title VII, add the following:

     SEC. 752. PILOT PROGRAM TO PROMOTE MILITARY READINESS IN THE 
                   PROVISION OF PROSTHETIC AND ORTHOTIC CARE.

       (a) Grants Required.--
       (1) In general.--The Secretary of Defense shall carry out a 
     pilot program to assess the feasibility and advisability of 
     awarding grants to institutions determined by the Secretary 
     to be eligible for the award of such grants to enable such 
     institutions to establish or expand an existing accredited 
     master's degree program in orthotics and prosthetics.
       (2) Priority.--The Secretary shall give priority in the 
     award of grants under this section to institutions that have 
     entered into a partnership with a facility or program 
     administered by the Department of Defense that offers 
     students training or experience in meeting the unique needs 
     of members of the Armed Forces who have experienced limb loss 
     or limb impairment, including by offering clinical rotations 
     at a public or private sector orthotics and prosthetics 
     practice that serves members of the Armed Forces or veterans, 
     including the following facilities or programs:
       (A) Walter Reed National Military Medical Center.
       (B) Brooke Army Medical Center.
       (C) The Orthotics and Prosthetics Outcomes Research Program 
     of the Department of Defense.
       (3) Future preference.--In fiscal years after fiscal year 
     2021, the Secretary shall give preference in the award of 
     grants under this section to qualified, eligible applicants 
     for such grants that were not awarded a grant in fiscal year 
     2021.
       (b) Applications.--
       (1) Request for proposals.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall 
     issue a request for proposals from institutions eligible for 
     grants under this section.
       (2) Application.--An institution that seeks the award of a 
     grant under this section shall submit to the Secretary an 
     application therefor at such time, in such manner, and 
     accompanied by such information as the Secretary may require, 
     including--
       (A) demonstration of a willingness and ability to 
     participate in a partnership described in subsection (a)(2); 
     and
       (B) demonstration of an ability to achieve and maintain an 
     accredited orthotics and prosthetics program after the end of 
     the grant period.
       (c) Grant Uses.--An institution awarded a grant under this 
     section shall use grant amounts for any purpose as follows:
       (1) To establish or expand an accredited orthotics and 
     prosthetics master's degree program.
       (2) To train doctoral candidates in orthotics and 
     prosthetics, or in fields related to orthotics and 
     prosthetics, to prepare such candidates to instruct in 
     orthotics and prosthetics programs.
       (3) To train and retain faculty in orthotics and 
     prosthetics education, or in fields related to orthotics and 
     prosthetics education, to prepare such faculty to instruct in 
     orthotics and prosthetics programs.
       (4) To fund faculty research projects or faculty time to 
     undertake research in orthotics and prosthetics for the 
     purpose of furthering the teaching abilities of such faculty.
       (d) Admissions Preference.--To the extent practicable, an 
     institution awarded a grant under this section shall give 
     preference to veterans in admission to the master's degree 
     program in orthotics and prosthetics established or expanded 
     under this section.
       (e) Limitation on Grant Amount.--The amount of any grant 
     awarded to an institution under this section may not exceed 
     $3,000,000.
       (f) Period of Use of Funds.--An institution awarded a grant 
     under this section may use the grant amount for a period of 
     three years after the award of the grant.
       (g) Report.--
       (1) In general.--Not later than 180 days after awarding the 
     first grant under this section, the Secretary shall submit to 
     the Committees on Armed Services of the Senate and the House 
     of Representatives a report on the pilot program conducted 
     under this section.
       (2) Elements.--The report required by paragraph (1) shall 
     include a description of the pilot program and other such 
     matters relating to the pilot program as the Secretary 
     considers appropriate.

                          ____________________