[Congressional Record Volume 166, Number 194 (Monday, November 16, 2020)]
[Senate]
[Pages S6698-S6712]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER 
                      CORPS AMENDMENTS ACT OF 2019

  Mr. CORNYN. Madam President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 561, S. 2981.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 2981) to reauthorize and amend the National 
     Oceanic and Atmospheric Administration Commissioned Officer 
     Corps Act of 2002, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Commerce, Science and 
Transportation with an amendment, as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italics.

                                S. 2981

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

     [SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``National 
     Oceanic and Atmospheric Administration Commissioned Officer 
     Corps Amendments Act of 2019''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

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

                      TITLE I--GENERAL PROVISIONS

Sec. 101. Strength and distribution in grade.
Sec. 102. Recalled officers.
Sec. 103. Obligated service requirement.
Sec. 104. Training and physical fitness.
Sec. 105. Aviation accession training programs.
Sec. 106. Recruiting materials.
Sec. 107. Procurement of charting and survey services.
Sec. 108. Technical correction.

                    TITLE II--PARITY AND RECRUITMENT

Sec. 201. Education loans.
Sec. 202. Interest payments.
Sec. 203. Student pre-commissioning program.
Sec. 204. Limitation on educational assistance.
Sec. 205. Applicability of certain provisions of title 10, United 
              States Code, and extension of certain authorities 
              applicable to members of the Armed Forces to commissioned 
              officer corps.
Sec. 206. Applicability of certain provisions of title 37, United 
              States Code.
Sec. 207. Prohibition on retaliatory personnel actions.
Sec. 208. Application of certain provisions of competitive service law.
Sec. 209. Employment and reemployment rights.
Sec. 210. Treatment of commission in commissioned officer corps for 
              purposes of certain hiring decisions.

           TITLE III--APPOINTMENTS AND PROMOTION OF OFFICERS

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

            TITLE IV--SEPARATION AND RETIREMENT OF OFFICERS

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

     [SEC. 2. REFERENCES TO NATIONAL OCEANIC AND ATMOSPHERIC 
                   ADMINISTRATION COMMISSIONED OFFICER CORPS ACT 
                   OF 2002.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the National Oceanic and Atmospheric 
     Administration Commissioned Officer Corps Act of 2002 (33 
     U.S.C. 3001 et seq.).

                      TITLE I--GENERAL PROVISIONS

     SEC. 101. STRENGTH AND DISTRIBUTION IN GRADE.

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

     ``SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.

       ``(a) Grades.--The commissioned grades in the commissioned 
     officer corps of the Administration are the following, in 
     relative rank with officers of the Navy:
       ``(1) Vice admiral.
       ``(2) Rear admiral.
       ``(3) Rear admiral (lower half).
       ``(4) Captain.
       ``(5) Commander.
       ``(6) Lieutenant commander.
       ``(7) Lieutenant.
       ``(8) Lieutenant (junior grade).
       ``(9) Ensign.
       ``(b) Grade Distribution.--The Secretary shall prescribe, 
     with respect to the distribution on the lineal list in grade, 
     the percentages applicable to the grades set forth in 
     subsection (a).
       ``(c) Annual Computation of Number in Grade.--
       ``(1) In general.--Not less frequently than once each year, 
     the Secretary shall make a computation to determine the 
     number of officers on the lineal list authorized to be 
     serving in each grade.
       ``(2) Method of computation.--The number in each grade 
     shall be computed by applying the applicable percentage to 
     the total number of such officers serving on active duty on 
     the date the computation is made.
       ``(3) Fractions.--If a final fraction occurs in computing 
     the authorized number of officers in a grade, the nearest 
     whole number shall be taken. If the fraction is \1/2\, the 
     next higher whole number shall be taken.
       ``(d) Temporary Increase in Numbers.--The total number of 
     officers authorized by law to be on the lineal list during a 
     fiscal year may be temporarily exceeded if the average number 
     on that list during that fiscal year does not exceed the 
     authorized number.
       ``(e) Positions of Importance and Responsibility.--Officers 
     serving in positions designated under section 228(a) and 
     officers recalled from retired status shall not be counted 
     when computing authorized strengths under subsection (c) and 
     shall not count against those strengths.
       ``(f) Preservation of Grade and Pay.--No officer may be 
     reduced in grade or pay or separated from the commissioned 
     officer corps of the Administration as the result of a 
     computation made to determine the authorized number of 
     officers in the various grades.''.

     SEC. 102. RECALLED OFFICERS.

       (a) In General.--Section 215 (33 U.S.C. 3005) is amended to 
     read as follows:

     ``SEC. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFICERS.

       ``(a) In General.--The total number of authorized 
     commissioned officers on the lineal list of the commissioned 
     officer corps of the Administration shall not exceed 500.
       ``(b) Positions of Importance and Responsibility.--Officers 
     serving in positions designated under section 228 and 
     officers recalled from retired status or detailed to an 
     agency other than the Administration--
       ``(1) may not be counted in determining the total number of 
     authorized officers on the lineal list under this section; 
     and
       ``(2) may not count against such number.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to 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. 103. OBLIGATED SERVICE REQUIREMENT.

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

     ``SEC. 216. OBLIGATED SERVICE REQUIREMENT.

       ``(a) In General.--
       ``(1) Regulations.--The Secretary shall prescribe the 
     obligated service requirements for appointments, training, 
     promotions, separations, continuations, and retirement of 
     officers not otherwise covered by law.
       ``(2) Written agreements.--The Secretary and officers shall 
     enter into written agreements that describe the officers' 
     obligated service requirements prescribed under paragraph (1) 
     in return for such appointments, training, promotions, 
     separations, and retirements as the Secretary considers 
     appropriate.
       ``(b) Repayment for Failure To Satisfy Requirements.--
       ``(1) In general.--The Secretary may require an officer who 
     fails to meet the service requirements prescribed under 
     subsection (a)(1) to reimburse the Secretary in an amount 
     that bears the same ratio to the total costs of the training 
     provided to that officer by the Secretary as the unserved 
     portion of active duty bears to the total period of active 
     duty the officer agreed to serve.
       ``(2) Obligation as debt to united states.--An obligation 
     to reimburse the

[[Page S6699]]

     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 5 years after the 
     termination of a written agreement entered into under 
     subsection (a)(2) does not discharge the individual signing 
     the agreement from a debt arising under such agreement.
       ``(c) Waiver or Suspension of Compliance.--The Secretary 
     may waive the service obligation of an officer who--
       ``(1) becomes unqualified to serve on active duty in the 
     commissioned officer corps of the Administration because of a 
     circumstance not within the control of that officer; or
       ``(2) is--
       ``(A) not physically qualified for appointment; and
       ``(B) determined to be unqualified for service in the 
     commissioned officer corps of the Administration because of a 
     physical or medical condition that was not the result of the 
     officer's own misconduct or grossly negligent conduct.''.
       (b) Clerical Amendment.--The table of 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. 104. TRAINING AND PHYSICAL FITNESS.

       (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as 
     amended by section 103(a), is further amended by adding at 
     the end the following:

     ``SEC. 217. TRAINING AND PHYSICAL FITNESS.

       ``(a) Training.--The Secretary may take such measures as 
     may be necessary to ensure that officers are prepared to 
     carry out their duties in the commissioned officer corps of 
     the Administration and proficient in the skills necessary to 
     carry out such duties. Such measures may include the 
     following:
       ``(1) Carrying out training programs and correspondence 
     courses, including establishing and operating a basic officer 
     training program to provide initial indoctrination and 
     maritime vocational training for officer candidates as well 
     as refresher training, mid-career training, aviation 
     training, and such other training as the Secretary considers 
     necessary for officer development and proficiency.
       ``(2) Providing officers and officer candidates with 
     educational materials.
       ``(3) Acquiring such equipment as may be necessary for 
     training and instructional purposes.
       ``(b) Physical Fitness.--The Secretary shall ensure that 
     officers maintain a high physical state of readiness by 
     establishing standards of physical fitness for officers that 
     are substantially equivalent to those prescribed for officers 
     in the Coast Guard.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 103(b), is 
     further amended by inserting after the item relating to 
     section 216 the following:

``Sec. 217. Training and physical fitness.''.

     SEC. 105. AVIATION ACCESSION TRAINING PROGRAMS.

       (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as 
     amended by section 104(a), is further amended by adding at 
     the end the following:

     ``SEC. 218. AVIATION ACCESSION TRAINING PROGRAMS.

       ``(a) Definitions.--In this section:
       ``(1) Administrator.--The term `Administrator' means the 
     Under Secretary of Commerce for Oceans and Atmosphere and the 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       ``(2) Member of the program.--The term `member of the 
     program' means a student who is enrolled in the program.
       ``(3) Program.--The term `program' means an aviation 
     accession training program of the commissioned officer corps 
     of the Administration established pursuant to subsection (b).
       ``(b) Aviation Accession Training Programs.--
       ``(1) Establishment authorized.--The Administrator, under 
     regulations prescribed by the Secretary, shall establish and 
     maintain one or more aviation accession training programs for 
     the commissioned officer corps of the Administration at 
     institutions described in paragraph (2).
       ``(2) Institutions described.--An institution described in 
     this paragraph is an educational institution--
       ``(A) that requests to enter into an agreement with the 
     Administrator providing for the establishment of the program 
     at the institution;
       ``(B) that has, as a part of its curriculum, a 4-year 
     baccalaureate program of professional flight and piloting 
     instruction that is accredited by the Aviation Accreditation 
     Board International;
       ``(C) that is located--
       ``(i) not more than 250 miles from the National Weather 
     Service Training Center; and
       ``(ii) 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 1 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) to serve in the commissioned officer corps for not 
     fewer than 4 years;
       ``(D) enroll in--
       ``(i) a 4-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 
     4 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 S6700]]

     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 104(b), is 
     further amended by inserting after the item relating to 
     section 217 the following:

``Sec. 218. Aviation accession training programs.''.

     SEC. 106. RECRUITING MATERIALS.

       (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as 
     amended by section 105(a), is further amended by adding at 
     the end the following:

     ``SEC. 219. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS.

       ``The Secretary may use for public relations purposes of 
     the Department of Commerce any advertising materials 
     developed for use for recruitment and retention of personnel 
     for the commissioned officer corps of the Administration. Any 
     such use shall be under such conditions and subject to such 
     restrictions as the Secretary shall prescribe.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 105(b), is 
     further amended by inserting after the item relating to 
     section 217 the following:

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

     SEC. 107. PROCUREMENT OF CHARTING AND SURVEY SERVICES.

       (a) In General.--Not later than 90 days after the 
     development of the strategy required by section 1002(b) of 
     the Frank LoBiondo Coast Guard Authorization Act of 2018 
     (Public Law 115-282; 132 Stat. 4365), 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. 108. TECHNICAL CORRECTION.

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

                    TITLE II--PARITY AND RECRUITMENT

     SEC. 201. EDUCATION LOANS.

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

     ``SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM.

       ``(a) Authority To Repay Education Loans.--For the purpose 
     of maintaining adequate numbers of officers of the 
     commissioned officer corps of the Administration on active 
     duty who have skills required by the commissioned officer 
     corps, the Secretary may repay, in the case of a person 
     described in subsection (b), a loan that--
       ``(1) was used by the person to finance education; and
       ``(2) was obtained from a governmental entity, private 
     financial institution, educational institution, or other 
     authorized entity.
       ``(b) Eligible Persons.--To be eligible to obtain a loan 
     repayment under this section, a person must--
       ``(1) satisfy 1 of the requirements specified in subsection 
     (c);
       ``(2) be fully qualified for, or hold, an appointment as a 
     commissioned officer in the commissioned officer corps of the 
     Administration; and
       ``(3) sign a written agreement to serve on active duty, or, 
     if on active duty, to remain on active duty for a period in 
     addition to any other incurred active duty obligation.
       ``(c) Academic and Professional Requirements.--One of the 
     following academic requirements must be satisfied for 
     purposes of determining the eligibility of an individual for 
     a loan repayment under this section:
       ``(1) The person is fully qualified in a profession that 
     the Secretary has determined to be necessary to meet 
     identified skill shortages in the commissioned officer corps.
       ``(2) The person is enrolled as a full-time student in the 
     final year of a course of study at an accredited educational 
     institution (as determined by the Secretary of Education) 
     leading to a degree in a profession that will meet identified 
     skill shortages in the commissioned officer corps.
       ``(d) Loan Repayments.--
       ``(1) In general.--Subject to the limits established under 
     paragraph (2), a loan repayment under this section may 
     consist of the payment of the principal, interest, and 
     related expenses of a loan obtained by a person described in 
     subsection (b).
       ``(2) Limitation on amount.--For each year of obligated 
     service that a person agrees to serve in an agreement 
     described in subsection (b)(3), the Secretary may pay not 
     more than the amount specified in section 2173(e)(2) of title 
     10, United States Code.
       ``(e) Active Duty Service Obligation.--
       ``(1) In general.--A person entering into an agreement 
     described in subsection (b)(3) incurs an active duty service 
     obligation.
       ``(2) Length of obligation determined under regulations.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the length of the obligation under paragraph (1) shall be 
     determined under regulations prescribed by the Secretary.
       ``(B) Minimum obligation.--The regulations prescribed under 
     subparagraph (A) may not provide for a period of obligation 
     of less than 1 year for each maximum annual amount, or 
     portion thereof, paid on behalf of the person for qualified 
     loans.
       ``(3) Persons on active duty before entering into 
     agreement.--The active duty service obligation of persons on 
     active duty before entering into the agreement shall be 
     served after the conclusion of any other obligation incurred 
     under the agreement.
       ``(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. 202. INTEREST PAYMENTS.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as 
     amended by section 201(a), is further amended by adding at 
     the end the following:

     ``SEC. 268. INTEREST PAYMENT PROGRAM.

       ``(a) Authority.--The Secretary may pay the interest and 
     any special allowances that accrue on 1 or more student loans 
     of an eligible officer, in accordance with this section.
       ``(b) Eligible Officers.--An officer is eligible for the 
     benefit described in subsection (a) while the officer--
       ``(1) is serving on active duty;
       ``(2) has not completed more than 3 years of service on 
     active duty;
       ``(3) is the debtor on 1 or more unpaid loans described in 
     subsection (c); and
       ``(4) is not in default on any such loan.
       ``(c) Student Loans.--The authority to make payments under 
     subsection (a) may be exercised with respect to the following 
     loans:
       ``(1) A loan made, insured, or guaranteed under part B of 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 
     et seq.).
       ``(2) A loan made under part D of such title (20 U.S.C. 
     1087a et seq.).
       ``(3) A loan made under part E of such title (20 U.S.C. 
     1087aa et seq.).
       ``(d) Maximum Benefit.--Interest and any special allowance 
     may be paid on behalf of an officer under this section for 
     any of the 36 consecutive months during which the officer is 
     eligible under subsection (b).
       ``(e) Funds for Payments.--The Secretary may use amounts 
     appropriated for the pay and allowances of personnel of the 
     commissioned officer corps of the Administration for payments 
     under this section.
       ``(f) Coordination With Secretary of Education.--
       ``(1) In general.--The Secretary shall consult with the 
     Secretary of Education regarding the administration of this 
     section.
       ``(2) Transfer of funds.--The Secretary shall transfer to 
     the Secretary of Education the funds necessary--
       ``(A) to pay interest and special allowances on student 
     loans under this section (in accordance with sections 428(o), 
     455(l), and 464(j) of the Higher Education Act of 1965 (20 
     U.S.C. 1078(o), 1087e(l), and 1087dd(j)); and
       ``(B) to reimburse the Secretary of Education for any 
     reasonable administrative costs incurred by the Secretary in 
     coordinating the program under this section with the 
     administration of the student loan programs under parts B, D, 
     and E of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.).
       ``(g) Special Allowance Defined.--In this section, the term 
     `special allowance' means a special allowance that is payable 
     under section 438 of the Higher Education Act of 1965 (20 
     U.S.C. 1087-1).''.
       (b) Conforming Amendments.--
       (1) Section 428(o) of the Higher Education Act of 1965 (20 
     U.S.C. 1078(o)) is amended--
       (A) by striking the subsection heading and inserting 
     ``Armed Forces and NOAA Commissioned Officer Corps Student 
     Loan Interest Payment Programs''; and
       (B) in paragraph (1)--
       (i) by inserting ``or section 268 of the National Oceanic 
     and Atmospheric Administration Commissioned Officer Corps Act 
     of 2002'' after ``Code,''; and

[[Page S6701]]

       (ii) by inserting ``or an officer in the commissioned 
     officer corps of the National Oceanic and Atmospheric 
     Administration, respectively,'' after ``Armed Forces''.
       (2) Sections 455(l) and 464(j) of the Higher Education Act 
     of 1965 (20 U.S.C. 1087e(l) and 1087dd(j)) are each amended--
       (A) by striking the subsection heading and inserting 
     ``Armed Forces and NOAA Commissioned Officer Corps Student 
     Loan Interest Payment Programs''; and
       (B) in paragraph (1)--
       (i) by inserting ``or section 268 of the National Oceanic 
     and Atmospheric Administration Commissioned Officer Corps Act 
     of 2002'' after ``Code,''; and
       (ii) by inserting ``or an officer in the commissioned 
     officer corps of the National Oceanic and Atmospheric 
     Administration, respectively'' after ``Armed Forces''.
       (c) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 201(b), is 
     further amended by inserting after the item relating to 
     section 267 the following:

``Sec. 268. Interest payment program.''.

     SEC. 203. STUDENT PRE-COMMISSIONING PROGRAM.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as 
     amended by section 202(a), is further amended by adding at 
     the end the following:

     ``SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION ASSISTANCE 
                   PROGRAM.

       ``(a) Authority To Provide Financial Assistance.--For the 
     purpose of maintaining adequate numbers of officers of the 
     commissioned officer corps of the Administration on active 
     duty, the Secretary may provide financial assistance to a 
     person described in subsection (b) for expenses of the person 
     while the person is pursuing on a full-time basis at an 
     accredited educational institution (as determined by the 
     Secretary of Education) a program of education approved by 
     the Secretary that leads to--
       ``(1) a baccalaureate degree in not more than 5 academic 
     years; or
       ``(2) a postbaccalaureate degree.
       ``(b) Eligible Persons.--
       ``(1) In general.--A person is eligible to obtain financial 
     assistance under subsection (a) if the person--
       ``(A) is enrolled on a full-time basis in a program of 
     education referred to in subsection (a) at any educational 
     institution described in such subsection;
       ``(B) meets all of the requirements for acceptance into the 
     commissioned officer corps of the Administration except for 
     the completion of a baccalaureate degree; and
       ``(C) enters into a written agreement with the Secretary 
     described in paragraph (2).
       ``(2) Agreement.--A written agreement referred to in 
     paragraph (1)(C) is an agreement between the person and the 
     Secretary in which the person--
       ``(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 3 years if the person received less than 3 
     years of assistance; and
       ``(ii) up to 5 years if the person received at least 3 
     years of assistance.
       ``(c) Qualifying Expenses.--Expenses for which financial 
     assistance may be provided under subsection (a) are the 
     following:
       ``(1) Tuition and fees charged by the educational 
     institution involved.
       ``(2) The cost of 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 5 
     consecutive academic years.
       ``(f) Subsistence Allowance.--
       ``(1) In general.--A person who receives financial 
     assistance under subsection (a) shall be entitled to a 
     monthly subsistence allowance at a rate prescribed under 
     paragraph (2) for the duration of the period for which the 
     person receives such financial assistance.
       ``(2) Determination of amount.--The Secretary shall 
     prescribe monthly rates for subsistence allowance provided 
     under paragraph (1), which shall be equal to the amount 
     specified in section 2144(a) of title 10, United States Code.
       ``(g) Initial Clothing Allowance.--
       ``(1) Training.--The Secretary may prescribe a sum which 
     shall be credited to each person who receives financial 
     assistance under subsection (a) to cover the cost of the 
     person's initial clothing and equipment issue.
       ``(2) Appointment.--Upon completion of the program of 
     education for which a person receives financial assistance 
     under subsection (a) and acceptance of appointment in the 
     commissioned officer corps of the Administration, the person 
     may be issued a subsequent clothing allowance equivalent to 
     that normally provided to a newly appointed officer.
       ``(h) Termination of Financial Assistance.--
       ``(1) In general.--The Secretary shall terminate the 
     assistance provided to a person under this section if--
       ``(A) the Secretary accepts a request by the person to be 
     released from an agreement described in subsection (b)(2);
       ``(B) the misconduct of the person results in a failure to 
     complete the period of active duty required under the 
     agreement; or
       ``(C) the person fails to fulfill any term or condition of 
     the agreement.
       ``(2) Reimbursement.--The Secretary may require a person 
     who receives assistance described in subsection (c), (f), or 
     (g) under an agreement entered into under subsection 
     (b)(1)(C) to reimburse the Secretary in an amount that bears 
     the same ratio to the total costs of the assistance provided 
     to that person as the unserved portion of active duty bears 
     to the total period of active duty the officer agreed to 
     serve under the agreement.
       ``(3) Waiver.--The Secretary may waive the service 
     obligation of a person through an agreement entered into 
     under subsection (b)(1)(C) if the person--
       ``(A) becomes unqualified to serve on active duty in the 
     commissioned officer corps of the Administration because of a 
     circumstance not within the control of that person; or
       ``(B) is--
       ``(i) not physically qualified for appointment; and
       ``(ii) determined to be unqualified for service in the 
     commissioned officer corps of the Administration because of a 
     physical or medical condition that was not the result of the 
     person's own misconduct or grossly negligent conduct.
       ``(4) Obligation as debt to united states.--An obligation 
     to reimburse the Secretary imposed under paragraph (2) is, 
     for all purposes, a debt owed to the United States.
       ``(5) Discharge in bankruptcy.--A discharge in bankruptcy 
     under title 11, United States Code, that is entered less than 
     5 years after the termination of a written agreement entered 
     into under subsection (b)(1)(C) does not discharge the person 
     signing the agreement from a debt arising under such 
     agreement or under paragraph (2).
       ``(i) Regulations.--The Secretary may 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 202(c), is 
     further amended by inserting after the item relating to 
     section 268 the following:

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

     SEC. 204. LIMITATION ON EDUCATIONAL ASSISTANCE.

       (a) In General.--Each fiscal year, beginning with the 
     fiscal year in which this Act is enacted, the Secretary of 
     Commerce shall ensure that the total amount expended by the 
     Secretary under section 267 of the National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps Act of 
     2002 (as added by section 201(a)), section 268 of such Act 
     (as added by section 202(a)), and section 269 of such Act (as 
     added by section 203(a)) does not exceed the amount by 
     which--
       (1) the total amount the Secretary would pay in that fiscal 
     year to officer candidates under section 203(f)(1) of title 
     37, United States Code (as added by section 305(d)), if such 
     section entitled officer candidates to pay at monthly rates 
     equal to the basic pay of a commissioned officer in the pay 
     grade O-1 with less than 2 years of service, exceeds
       (2) the total amount the Secretary actually pays in that 
     fiscal year to officer candidates under section 203(f)(1) of 
     such title (as so added).
       (b) Officer Candidate Defined.--In this section, the term 
     ``officer candidate'' has the meaning given the term in 
     paragraph (4) of section 212(b) of the National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps Act of 
     2002 (33 U.S.C. 3002), as added by section 305(c).

     SEC. 205. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, 
                   UNITED STATES CODE, AND EXTENSION OF CERTAIN 
                   AUTHORITIES APPLICABLE TO MEMBERS OF THE ARMED 
                   FORCES TO COMMISSIONED OFFICER CORPS.

       (a) Applicability of Certain Provisions of Title 10.--
     Section 261(a) (33 U.S.C. 3071(a)) is amended--
       (1) by redesignating paragraphs (13) through (16) as 
     paragraphs (22) through (25), respectively;
       (2) by redesignating paragraphs (7) through (12) as 
     paragraphs (14) through (19), respectively;
       (3) by redesignating paragraphs (4) through (6) as 
     paragraphs (8) through (10), respectively;
       (4) by inserting after paragraph (3) the following:
       ``(4) Section 771, relating to unauthorized wearing of 
     uniforms.
       ``(5) Section 774, relating to wearing religious apparel 
     while in uniform.
       ``(6) Section 982, relating to service on State and local 
     juries.
       ``(7) Section 1031, relating to administration of oaths.'';

[[Page S6702]]

       (5) by inserting after paragraph (10), as redesignated, the 
     following:
       ``(11) Section 1074n, relating to annual mental health 
     assessments.
       ``(12) Section 1090a, relating to referrals for mental 
     health evaluations.
       ``(13) Chapter 58, relating to the Benefits and Services 
     for members being separated or recently separated.''; and
       (6) by inserting after paragraph (19), as redesignated, the 
     following:
       ``(20) Subchapter I of chapter 88, relating to Military 
     Family Programs.
       ``(21) Section 2005, relating to advanced education 
     assistance, active duty agreements, and reimbursement 
     requirements.''.
       (b) Extension of Certain Authorities.--
       (1) Notarial services.--Section 1044a of title 10, United 
     States Code, is amended--
       (A) in subsection (a)(1), by striking ``armed forces'' and 
     inserting ``uniformed services''; and
       (B) in subsection (b)(4), by striking ``armed forces'' both 
     places it appears and inserting ``uniformed services''.
       (2) Acceptance of voluntary services for programs serving 
     members and their families.--Section 1588 of such title is 
     amended--
       (A) in subsection (a)(3), in the matter before subparagraph 
     (A), by striking ``armed forces'' and inserting ``uniformed 
     services''; and
       (B) by adding at the end the following new subsection:
       ``(g) Secretary Concerned for Acceptance of Services for 
     Programs Serving Members of NOAA Corps and Their Families.--
     For purposes of the acceptance of services described in 
     subsection (a)(3), the term `Secretary concerned' in 
     subsection (a) shall include the Secretary of Commerce with 
     respect to members of the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration.''.
       (3) Capstone course for newly selected flag officers.--
     Section 2153 of such title is amended--
       (A) in subsection (a)--
       (i) by inserting ``or the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration'' after ``in 
     the case of the Navy''; and
       (ii) by striking ``other armed forces'' and inserting 
     ``other uniformed services''; and
       (B) in subsection (b)(1), in the matter before subparagraph 
     (A), by inserting ``or the Secretary of Commerce, as 
     applicable,'' after ``the Secretary of Defense''.

     SEC. 206. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, 
                   UNITED STATES CODE.

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

     ``SEC. 261A. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, 
                   UNITED STATES CODE.

       ``(a) Provisions Made Applicable to Commissioned Officer 
     Corps.--The provisions of law applicable to the Armed Forces 
     under the following provisions of title 37, United States 
     Code, shall apply to the commissioned officer corps of the 
     Administration:
       ``(1) Section 324, relating to accession bonuses for new 
     officers in critical skills.
       ``(2) Section 403(f)(3), relating to prescribing 
     regulations defining the terms `field duty' and `sea duty'.
       ``(3) Section 403(l), relating to temporary continuation of 
     housing allowance for dependents of members dying on active 
     duty.
       ``(4) Section 415, relating to initial uniform allowances.
       ``(5) Section 488, relating to allowances for recruiting 
     expenses.
       ``(6) Section 495, relating to allowances for funeral 
     honors duty.
       ``(b) References.--The authority vested by title 37, United 
     States Code, in the `military departments', `the Secretary 
     concerned', or `the Secretary of Defense' with respect to the 
     provisions of law referred to in subsection (a) shall be 
     exercised, with respect to the commissioned officer corps of 
     the Administration, by the Secretary of Commerce or the 
     Secretary's designee.''.
       (b) Personal Money Allowance.--Section 414(a)(2) of title 
     37, United States Code, is amended by inserting ``or the 
     director of the commissioned officer corps of the National 
     Oceanic and Atmospheric Administration'' after ``Health 
     Service''.
       (c) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 261 the following:

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

     SEC. 207. PROHIBITION ON RETALIATORY PERSONNEL ACTIONS.

       (a) In General.--Subsection (a) of section 261 (33 U.S.C. 
     3071), as amended by section 205(a), is further amended--
       (1) by redesignating paragraphs (8) through (25) as 
     paragraphs (9) through (26), respectively; and
       (2) by inserting after paragraph (7) the following:
       ``(8) Section 1034, relating to protected communications 
     and prohibition of retaliatory personnel actions.''.
       (b) Conforming Amendment.--Subsection (b) of such section 
     is amended by adding at the end the following: ``For purposes 
     of paragraph (8) of subsection (a), the term `Inspector 
     General' in section 1034 of such title 10 shall mean the 
     Inspector General of the Department of Commerce.''.
       (c) Regulations.--Such section is further amended by adding 
     at the end the following:
       ``(c) Regulations Regarding Protected Communications and 
     Prohibition of Retaliatory Personnel Actions.--The Secretary 
     may prescribe regulations to carry out the application of 
     section 1034 of title 10, United States Code, to the 
     commissioned officer corps of the Administration, including 
     by prescribing such administrative procedures for 
     investigation and appeal within the commissioned officer 
     corps as the Secretary considers appropriate.''.

     SEC. 208. APPLICATION OF CERTAIN PROVISIONS OF COMPETITIVE 
                   SERVICE LAW.

       Section 3304(f) of title 5, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting ``and members of the 
     commissioned officer corps of the National Oceanic and 
     Atmospheric Administration (or its predecessor organization 
     the Coast and Geodetic Survey) separated from such uniformed 
     service'' after ``separated from the armed forces'';
       (2) in paragraph (2), by striking ``or veteran'' and 
     inserting ``, veteran, or member''; and
       (3) in paragraph (4), by inserting ``and members of the 
     commissioned officer corps of the National Oceanic and 
     Atmospheric Administration (or its predecessor organization 
     the Coast and Geodetic Survey) separated from such uniformed 
     service'' after ``separated from the armed forces''.

     SEC. 209. 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. 210. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER 
                   CORPS FOR PURPOSES OF CERTAIN HIRING DECISIONS.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as 
     amended by this title, is further amended by adding at the 
     end the following:

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

       ``(a) In General.--In any case in which the Secretary 
     accepts an application for a position of employment with the 
     Administration and limits consideration of applications for 
     such position to applications submitted by individuals 
     serving in a career or career-conditional position in the 
     competitive service within the Administration, the Secretary 
     shall deem an officer who has served as an officer in the 
     commissioned officer corps for at least 3 years to be serving 
     in a career or career-conditional position in the competitive 
     service within the Administration for purposes of such 
     limitation.
       ``(b) Career Appointments.--If the Secretary selects an 
     application submitted by an officer described in subsection 
     (a) for a position described in such subsection, the 
     Secretary shall give such officer a career or career-
     conditional appointment in the competitive service, as 
     appropriate.
       ``(c) Competitive Service Defined.--In this section, the 
     term `competitive service' has the meaning given the term in 
     section 2102 of title 5, United States Code.''.
       (b) Clerical Amendment.--The table of 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 203, the 
     following new item:

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

           TITLE III--APPOINTMENTS AND PROMOTION OF OFFICERS

     SEC. 301. APPOINTMENTS.

       (a) Original Appointments.--Section 221 (33 U.S.C. 3021) is 
     amended to read as follows:

     ``SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINTMENTS.

       ``(a) Original Appointments.--
       ``(1) Grades.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an original appointment of an officer may be made in such 
     grades as may be appropriate for--
       ``(i) the qualification, experience, and length of service 
     of the appointee; and
       ``(ii) the commissioned officer corps of the 
     Administration.
       ``(B) Appointment of officer candidates.--
       ``(i) Limitation on grade.--An original appointment of an 
     officer candidate, upon graduation from the basic officer 
     training program of the commissioned officer corps of the 
     Administration, may not be made in any other grade than 
     ensign.
       ``(ii) Rank.--Officer candidates receiving appointments as 
     ensigns upon graduation from 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.

[[Page S6703]]

       ``(B) Graduates of the military service academies of the 
     United States who otherwise meet the academic standards for 
     enrollment in the training program described in subparagraph 
     (A).
       ``(C) Graduates of the maritime academies of the States 
     who--
       ``(i) otherwise meet the academic standards for enrollment 
     in the training program described in subparagraph (A);
       ``(ii) completed at least 3 years of regimented training 
     while at a maritime academy of a State; and
       ``(iii) obtained an unlimited tonnage or unlimited 
     horsepower Merchant Mariner Credential from the United States 
     Coast Guard.
       ``(D) Licensed officers of the United States merchant 
     marine who have served 2 or more years aboard a vessel of the 
     United States in the capacity of a licensed officer, who 
     otherwise meet the academic standards for enrollment in the 
     training program described in subparagraph (A).
       ``(3) Definitions.--In this subsection:
       ``(A) Maritime academies of the states.--The term `maritime 
     academies of the States' means the following:
       ``(i) California Maritime Academy, Vallejo, California.
       ``(ii) Great Lakes Maritime Academy, Traverse City, 
     Michigan.
       ``(iii) Maine Maritime Academy, Castine, Maine.
       ``(iv) Massachusetts Maritime Academy, Buzzards Bay, 
     Massachusetts.
       ``(v) State University of New York Maritime College, Fort 
     Schuyler, New York.
       ``(vi) Texas A&M Maritime Academy, Galveston, Texas.
       ``(B) Military service academies of the united states.--The 
     term `military service academies of the United States' means 
     the following:
       ``(i) The United States Military Academy, West Point, New 
     York.
       ``(ii) The United States Naval Academy, Annapolis, 
     Maryland.
       ``(iii) The United States Air Force Academy, Colorado 
     Springs, Colorado.
       ``(iv) The United States Coast Guard Academy, New London, 
     Connecticut.
       ``(v) The United States Merchant Marine Academy, Kings 
     Point, New York.
       ``(b) Reappointment.--
       ``(1) In general.--Except as provided in paragraph (2), an 
     individual who previously served in the commissioned officer 
     corps of the Administration may be appointed by the Secretary 
     to the grade the individual held prior to separation.
       ``(2) Reappointments to higher grades.--An appointment 
     under paragraph (1) to a position of importance and 
     responsibility designated under section 228 may only be made 
     by the President.
       ``(c) Qualifications.--An appointment under subsection (a) 
     or (b) may not be given to an individual until the 
     individual's mental, moral, physical, and professional 
     fitness to perform the duties of an officer has been 
     established under such regulations as the Secretary shall 
     prescribe.
       ``(d) Precedence of Appointees.--Appointees under this 
     section shall take precedence in the grade to which appointed 
     in accordance with the dates of their commissions as 
     commissioned officers in such grade. Appointees whose dates 
     of commission are the same shall take precedence with each 
     other as the Secretary shall determine.
       ``(e) Inter-Service Transfers.--For inter-service transfers 
     (as described in the Department of Defense Directive 1300.4 
     (dated December 27, 2006)) the Secretary shall--
       ``(1) coordinate with the Secretary of Defense and the 
     Secretary of the Department in which the Coast Guard is 
     operating to promote and streamline inter-service transfers;
       ``(2) give preference to such inter-service transfers for 
     recruitment purposes as determined appropriate by the 
     Secretary; and
       ``(3) reappoint such inter-service transfers to the 
     equivalent grade in the commissioned officer corps.''.
       (b) Clerical Amendment.--The table of 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. 302. PERSONNEL BOARDS.

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

     ``SEC. 222. PERSONNEL BOARDS.

       ``(a) Convening.--Not less frequently than once each year 
     and at such other times as the Secretary determines 
     necessary, the Secretary shall convene a personnel board.
       ``(b) Membership.--
       ``(1) In general.--A board convened under subsection (a) 
     shall consist of 5 or more officers who are serving in or 
     above the permanent grade of the officers under consideration 
     by the board.
       ``(2) Retired officers.--Officers on the retired list may 
     be recalled to serve on such personnel boards as the 
     Secretary considers necessary.
       ``(3) No membership on 2 successive boards.--No officer may 
     be a member of 2 successive personnel boards convened to 
     consider officers of the same grade for promotion or 
     separation.
       ``(c) Duties.--Each personnel board shall--
       ``(1) recommend to the Secretary such changes as may be 
     necessary to correct any erroneous position on the lineal 
     list that was caused by administrative error; and
       ``(2) make selections and recommendations to the Secretary 
     and the President for the appointment, promotion, involuntary 
     separation, continuation, and involuntary retirement of 
     officers in the commissioned officer corps of the 
     Administration as prescribed in this title.
       ``(d) Action on Recommendations Not Acceptable.--If any 
     recommendation by a board convened under subsection (a) is 
     not accepted by the Secretary or the President, the board 
     shall make such further recommendations as the Secretary or 
     the President considers appropriate.
       ``(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 subsection (a) only if--
       ``(A) the basis for the request is to allow the officer to 
     complete a broadening assignment, advanced education, another 
     assignment of significant value to the Administration, a 
     career progression requirement delayed by the assignment or 
     education, or a qualifying personal or professional 
     circumstance, as determined by the Director;
       ``(B) the Director determines the exclusion from 
     consideration is in the best interest of the Administration; 
     and
       ``(C) the officer has not previously failed selection for 
     promotion to the grade for which the officer requests the 
     exclusion from consideration.''.

     SEC. 303. POSITIONS OF IMPORTANCE AND RESPONSIBILITY.

       Section 228 (33 U.S.C. 3028) is amended--
       (1) in subsection (c)--
       (A) in the first sentence, by striking ``The Secretary 
     shall designate one position under this section'' and 
     inserting ``The President shall designate one position''; and
       (B) in the second sentence, by striking ``That position 
     shall be filled by'' and inserting ``The President shall fill 
     that position by appointing, by and with the advice and 
     consent of the Senate,'';
       (2) in subsection (d)(2), by inserting ``or immediately 
     beginning a period of terminal leave'' after ``for which a 
     higher grade is designated'';
       (3) by amending subsection (e) to read as follows:
       ``(e) Limit on Number of Officers Appointed.--The total 
     number of officers serving on active duty at any one time in 
     the grade of rear admiral (lower half) or above may not 
     exceed five, with only one serving in the grade of vice 
     admiral.''; and
       (4) in subsection (f), by inserting ``or in a period of 
     annual leave used at the end of the appointment'' after 
     ``serving in that grade''.

     SEC. 304. TEMPORARY APPOINTMENTS.

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

     ``SEC. 229. TEMPORARY APPOINTMENTS.

       ``(a) Appointments by President.--Temporary appointments in 
     the grade of ensign, lieutenant junior grade, or lieutenant 
     may be made by the President.
       ``(b) Termination.--A temporary appointment to a position 
     under subsection (a) shall terminate upon approval of a 
     permanent appointment for such position made by the 
     President.
       ``(c) Order of Precedence.--Appointees under subsection (a) 
     shall take precedence in the grade to which appointed in 
     accordance with the dates of their appointments as officers 
     in such grade. The order of precedence of appointees who are 
     appointed on the same date shall be determined by the 
     Secretary.
       ``(d) Any One Grade.--When determined by the Secretary to 
     be in the best interest of the commissioned officer corps, 
     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. 305. OFFICER CANDIDATES.

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

     ``SEC. 234. OFFICER CANDIDATES.

       ``(a) Determination of Number.--The Secretary shall 
     determine the number of appointments of officer candidates.
       ``(b) Appointment.--Appointment of officer candidates shall 
     be made under regulations, which the Secretary shall 
     prescribe, including regulations with respect to determining 
     age limits, methods of selection of officer candidates, term 
     of service as an officer candidate before graduation from the 
     program, and all other matters affecting such appointment.
       ``(c) Dismissal.--The Secretary may dismiss from the basic 
     officer training program of the Administration any officer 
     candidate who, during the officer candidate's term as an 
     officer candidate, the Secretary considers unsatisfactory in 
     either academics or conduct, or not adapted for a career in 
     the commissioned officer corps of the Administration. Officer 
     candidates shall be subject to

[[Page S6704]]

     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 4 years 
     immediately after such appointment.
       ``(e) Regulations.--The Secretary shall prescribe 
     regulations to carry out this section. Such regulations shall 
     include--
       ``(1) standards for determining what constitutes a breach 
     of an agreement signed under subsection (d)(1); and
       ``(2) procedures for determining whether such a breach has 
     occurred.
       ``(f) Repayment.--An officer candidate or former officer 
     candidate who does not fulfill the terms of the obligation to 
     serve as specified under subsection (d) shall be subject to 
     the repayment provisions of section 216(b).''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 233 the following:

``Sec. 234. Officer candidates.''.
       (c) Officer Candidate Defined.--Section 212(b) (33 U.S.C. 
     3002(b)) is amended--
       (1) by redesignating paragraphs (4) through (6) as 
     paragraphs (5) through (7), respectively; and
       (2) by inserting after paragraph (3) the following:
       ``(4) Officer candidate.--The term `officer candidate' 
     means an individual who is enrolled in the basic officer 
     training program of the Administration and is under 
     consideration for appointment as an officer under section 
     221(a)(2)(A).''.
       (d) Pay for Officer Candidates.--Section 203 of title 37, 
     United States Code, is amended by adding at the end the 
     following:
       ``(f)(1) An officer candidate enrolled in the basic officer 
     training program of the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration is entitled, 
     while participating in such program, to monthly officer 
     candidate pay at monthly rates equal to the basic pay of an 
     enlisted member in the pay grade E-5 with less than 2 years 
     of service.
       ``(2) An individual who graduates from such program shall 
     receive credit for the time spent participating in such 
     program as if such time were time served while on active duty 
     as a commissioned officer. If the individual does not 
     graduate from such program, such time shall not be considered 
     creditable for active duty or pay.''.

     SEC. 306. PROCUREMENT OF PERSONNEL.

       (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as 
     amended by section 305(a), is further amended by adding at 
     the end the following:

     ``SEC. 235. PROCUREMENT OF PERSONNEL.

       ``The Secretary may make such expenditures as the Secretary 
     considers necessary in order to obtain recruits for the 
     commissioned officer corps of the Administration, including 
     advertising.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 305(b), is 
     further amended by inserting after the item relating to 
     section 234 the following:

``235. Procurement of personnel.''.

     SEC. 307. CAREER INTERMISSION PROGRAM.

       (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as 
     amended by section 306(a), is further amended by adding at 
     the end the following:

     ``SEC. 236. CAREER FLEXIBILITY TO ENHANCE RETENTION OF 
                   OFFICERS.

       ``(a) Programs Authorized.--The Secretary may carry out a 
     program under which officers may be inactivated from active 
     duty in order to meet personal or professional needs and 
     returned to active duty at the end of such period of 
     inactivation from active duty.
       ``(b) Period of Inactivation From Active Duty; Effect of 
     Inactivation.--
       ``(1) In general.--The period of inactivation from active 
     duty under a program under this section of an officer 
     participating in the program shall be such period as the 
     Secretary shall specify in the agreement of the officer under 
     subsection (c), except that such period may not exceed 3 
     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 2 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 (2) 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).

[[Page S6705]]

       ``(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 306(b), is 
     further amended by inserting after the item relating to 
     section 235 the following:

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

            TITLE IV--SEPARATION AND RETIREMENT OF OFFICERS

     SEC. 401. INVOLUNTARY RETIREMENT OR SEPARATION.

       Section 241 (33 U.S.C. 3041) is amended by adding at the 
     end the following:]

     1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``National 
     Oceanic and Atmospheric Administration Commissioned Officer 
     Corps Amendments Act of 2019''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

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

                      TITLE I--GENERAL PROVISIONS

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

                    TITLE II--PARITY AND RECRUITMENT

Sec. 201. Education loans.
Sec. 202. Interest payments.
Sec. 203. Student pre-commissioning program.
Sec. 204. Limitation on educational assistance.
Sec. 205. Applicability of certain provisions of title 10, United 
              States Code, and extension of certain authorities 
              applicable to members of the Armed Forces to commissioned 
              officer corps.
Sec. 206. Applicability of certain provisions of title 37, United 
              States Code.
Sec. 207. Prohibition on retaliatory personnel actions.
Sec. 208. Application of certain provisions of competitive service law.
Sec. 209. Employment and reemployment rights.
Sec. 210. Treatment of commission in commissioned officer corps for 
              purposes of certain hiring decisions.

           TITLE III--APPOINTMENTS AND PROMOTION OF OFFICERS

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

            TITLE IV--SEPARATION AND RETIREMENT OF OFFICERS

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

 TITLE V--OTHER NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION MATTERS

Sec. 501. Charting and survey services.
Sec. 502. Leases and co-location agreements.
Sec. 503. Satellite and data management.

     SEC. 2. REFERENCES TO NATIONAL OCEANIC AND ATMOSPHERIC 
                   ADMINISTRATION COMMISSIONED OFFICER CORPS ACT 
                   OF 2002.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the National Oceanic and Atmospheric 
     Administration Commissioned Officer Corps Act of 2002 (33 
     U.S.C. 3001 et seq.).

                      TITLE I--GENERAL PROVISIONS

     SEC. 101. STRENGTH AND DISTRIBUTION IN GRADE.

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

     ``SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.

       ``(a) Grades.--The commissioned grades in the commissioned 
     officer corps of the Administration are the following, in 
     relative rank with officers of the Navy:
       ``(1) Vice admiral.
       ``(2) Rear admiral.
       ``(3) Rear admiral (lower half).
       ``(4) Captain.
       ``(5) Commander.
       ``(6) Lieutenant commander.
       ``(7) Lieutenant.
       ``(8) Lieutenant (junior grade).
       ``(9) Ensign.
       ``(b) Grade Distribution.--The Secretary shall prescribe, 
     with respect to the distribution on the lineal list in grade, 
     the percentages applicable to the grades set forth in 
     subsection (a).
       ``(c) Annual Computation of Number in Grade.--
       ``(1) In general.--Not less frequently than once each year, 
     the Secretary shall make a computation to determine the 
     number of officers on the lineal list authorized to be 
     serving in each grade.
       ``(2) Method of computation.--The number in each grade 
     shall be computed by applying the applicable percentage to 
     the total number of such officers serving on active duty on 
     the date the computation is made.
       ``(3) Fractions.--If a final fraction occurs in computing 
     the authorized number of officers in a grade, the nearest 
     whole number shall be taken. If the fraction is one-half, the 
     next higher whole number shall be taken.
       ``(d) Temporary Increase in Numbers.--The total number of 
     officers authorized by law to be on the lineal list during a 
     fiscal year may be temporarily exceeded if the average number 
     on that list during that fiscal year does not exceed the 
     authorized number.
       ``(e) Positions of Importance and Responsibility.--Officers 
     serving in positions designated under section 228(a) and 
     officers recalled from retired status shall not be counted 
     when computing authorized strengths under subsection (c) and 
     shall not count against those strengths.
       ``(f) Preservation of Grade and Pay.--No officer may be 
     reduced in grade or pay or separated from the commissioned 
     officer corps of the Administration as the result of a 
     computation made to determine the authorized number of 
     officers in the various grades.''.

     SEC. 102. RECALLED OFFICERS.

       (a) In General.--Section 215 (33 U.S.C. 3005) is amended to 
     read as follows:

     ``SEC. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFICERS.

       ``(a) In General.--The total number of authorized 
     commissioned officers on the lineal list of the commissioned 
     officer corps of the Administration shall not exceed 500.
       ``(b) Positions of Importance and Responsibility.--Officers 
     serving in positions designated under section 228 and 
     officers recalled from retired status or detailed to an 
     agency other than the Administration--
       ``(1) may not be counted in determining the total number of 
     authorized officers on the lineal list under this section; 
     and
       ``(2) may not count against such number.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to reauthorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by striking the item relating 
     to section 215 and inserting the following:

``Sec. 215. Number of authorized commissioned officers.''.

     SEC. 103. OBLIGATED SERVICE REQUIREMENT.

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

     ``SEC. 216. OBLIGATED SERVICE REQUIREMENT.

       ``(a) In General.--
       ``(1) Regulations.--The Secretary shall prescribe the 
     obligated service requirements for appointments, training, 
     promotions, separations, continuations, and retirements of 
     officers not otherwise covered by law.
       ``(2) Written agreements.--The Secretary and officers shall 
     enter into written agreements that describe the officers' 
     obligated service requirements prescribed under paragraph (1) 
     in return for such appointments, training, promotions, 
     separations, continuations, and retirements as the Secretary 
     considers appropriate.
       ``(b) Repayment for Failure to Satisfy Requirements.--

[[Page S6706]]

       ``(1) In general.--The Secretary may require an officer who 
     fails to meet the service requirements prescribed under 
     subsection (a)(1) to reimburse the Secretary in an amount 
     that bears the same ratio to the total costs of the training 
     provided to that officer by the Secretary as the unserved 
     portion of active duty bears to the total period of active 
     duty the officer agreed to serve.
       ``(2) Obligation as debt to united states.--An obligation 
     to reimburse the Secretary under paragraph (1) is, for all 
     purposes, a debt owed to the United States.
       ``(3) Discharge in bankruptcy.--A discharge in bankruptcy 
     under title 11 that is entered less than five years after the 
     termination of a written agreement entered into under 
     subsection (a)(2) does not discharge the individual signing 
     the agreement from a debt arising under such agreement.
       ``(c) Waiver or Suspension of Compliance.--The Secretary 
     may waive the service obligation of an officer who--
       ``(1) becomes unqualified to serve on active duty in the 
     commissioned officer corps of the Administration because of a 
     circumstance not within the control of that officer; or
       ``(2) is--
       ``(A) not physically qualified for appointment; and
       ``(B) determined to be unqualified for service in the 
     commissioned officer corps of the Administration because of a 
     physical or medical condition that was not the result of the 
     officer's own misconduct or grossly negligent conduct.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to reauthorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 215 the following:

``Sec. 216. Obligated service requirement.''.

     SEC. 104. TRAINING AND PHYSICAL FITNESS.

       (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as 
     amended by section 103(a), is further amended by adding at 
     the end the following:

     ``SEC. 217. TRAINING AND PHYSICAL FITNESS.

       ``(a) Training.--The Secretary may take such measures as 
     may be necessary to ensure that officers are prepared to 
     carry out their duties in the commissioned officer corps of 
     the Administration and proficient in the skills necessary to 
     carry out such duties. Such measures may include the 
     following:
       ``(1) Carrying out training programs and correspondence 
     courses, including establishing and operating a basic officer 
     training program to provide initial indoctrination and 
     maritime vocational training for officer candidates as well 
     as refresher training, mid-career training, aviation 
     training, and such other training as the Secretary considers 
     necessary for officer development and proficiency.
       ``(2) Providing officers and officer candidates with 
     educational materials.
       ``(3) Acquiring such equipment as may be necessary for 
     training and instructional purposes.
       ``(b) Physical Fitness.--The Secretary shall ensure that 
     officers maintain a high physical state of readiness by 
     establishing standards of physical fitness for officers that 
     are substantially equivalent to those prescribed for officers 
     in the Coast Guard.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to reauthorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 103(b), is 
     further amended by inserting after the item relating to 
     section 216 the following:

``Sec. 217. Training and physical fitness.''.

     SEC. 105. AVIATION ACCESSION TRAINING PROGRAMS.

       (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as 
     amended by section 104(a), is further amended by adding at 
     the end the following:

     ``SEC. 218. AVIATION ACCESSION TRAINING PROGRAMS.

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

[[Page S6707]]

     this subsection is, for all purposes, a debt owed to the 
     United States.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to reauthorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 104(b), is 
     further amended by inserting after the item relating to 
     section 217 the following:

``Sec. 218. Aviation accession training programs.''.

     SEC. 106. RECRUITING MATERIALS.

       (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as 
     amended by section 105(a), is further amended by adding at 
     the end the following:

     ``SEC. 219. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS.

       ``The Secretary may use for public relations purposes of 
     the Department of Commerce any advertising materials 
     developed for use for recruitment and retention of personnel 
     for the commissioned officer corps of the Administration. Any 
     such use shall be under such conditions and subject to such 
     restrictions as the Secretary shall prescribe.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to reauthorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 105(b), is 
     further amended by inserting after the item relating to 
     section 218 the following:

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

     SEC. 107. TECHNICAL CORRECTION.

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

                    TITLE II--PARITY AND RECRUITMENT

     SEC. 201. EDUCATION LOANS.

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

     ``SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM.

       ``(a) Authority To Repay Education Loans.--For the purpose 
     of maintaining adequate numbers of officers of the 
     commissioned officer corps of the Administration on active 
     duty who have skills required by the commissioned officer 
     corps, the Secretary may repay, in the case of a person 
     described in subsection (b), a loan that--
       ``(1) was used by the person to finance education; and
       ``(2) was obtained from a governmental entity, private 
     financial institution, educational institution, or other 
     authorized entity.
       ``(b) Eligible Persons.--To be eligible to obtain a loan 
     repayment under this section, a person must--
       ``(1) satisfy one of the requirements specified in 
     subsection (c);
       ``(2) be fully qualified for, or hold, an appointment as a 
     commissioned officer in the commissioned officer corps of the 
     Administration; and
       ``(3) sign a written agreement to serve on active duty, or, 
     if on active duty, to remain on active duty for a period in 
     addition to any other incurred active duty obligation.
       ``(c) Academic and Professional Requirements.--One of the 
     following academic requirements must be satisfied for 
     purposes of determining the eligibility of an individual for 
     a loan repayment under this section:
       ``(1) The person is fully qualified in a profession that 
     the Secretary has determined to be necessary to meet 
     identified skill shortages in the commissioned officer corps 
     of the Administration.
       ``(2) The person is enrolled as a full-time student in the 
     final year of a course of study at an accredited educational 
     institution (as determined by the Secretary of Education) 
     leading to a degree in a profession that will meet identified 
     skill shortages in the commissioned officer corps of the 
     Administration.
       ``(d) Loan Repayments.--
       ``(1) In general.--Subject to the limits established under 
     paragraph (2), a loan repayment under this section may 
     consist of the payment of the principal, interest, and 
     related expenses of a loan obtained by a person described in 
     subsection (b).
       ``(2) Limitation on amount.--For each year of obligated 
     service that a person agrees to serve in an agreement 
     described in subsection (b)(3), the Secretary may pay not 
     more than the amount specified in section 2173(e)(2) of title 
     10, United States Code.
       ``(e) Active Duty Service Obligation.--
       ``(1) In general.--A person entering into an agreement 
     described in subsection (b)(3) incurs an active duty service 
     obligation.
       ``(2) Length of obligation determined under regulations.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the length of the obligation under paragraph (1) shall be 
     determined under regulations prescribed by the Secretary.
       ``(B) Minimum obligation.--The regulations prescribed under 
     subparagraph (A) may not provide for a period of obligation 
     of less than one year for each maximum annual amount, or 
     portion thereof, paid on behalf of the person for qualified 
     loans.
       ``(3) Persons on active duty before entering into 
     agreement.--The active duty service obligation of persons on 
     active duty before entering into the agreement shall be 
     served after the conclusion of any other obligation incurred 
     under the agreement.
       ``(4) Concurrent completion of service obligations.--A 
     service obligation under this section may be completed 
     concurrently with a service obligation under section 216.
       ``(f) Effect of Failure To Complete Obligation.--
       ``(1) Alternative obligations.--An officer who is relieved 
     of the officer's active duty obligation under this section 
     before the completion of that obligation may be given any 
     alternative obligation, at the discretion of the Secretary.
       ``(2) Repayment.--An officer who does not complete the 
     period of active duty specified in the agreement entered into 
     under subsection (b)(3), or the alternative obligation 
     imposed under paragraph (1), shall be subject to the 
     repayment provisions under section 216.
       ``(g) Rulemaking.--The Secretary shall prescribe 
     regulations to carry out this section, including--
       ``(1) standards for qualified loans and authorized payees; 
     and
       ``(2) other terms and conditions for the making of loan 
     repayments.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to reauthorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 266 the following:

``Sec. 267. Education loan repayment program.''.

     SEC. 202. INTEREST PAYMENTS.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as 
     amended by section 201(a), is further amended by adding at 
     the end the following:

     ``SEC. 268. INTEREST PAYMENT PROGRAM.

       ``(a) Authority.--The Secretary may pay the interest and 
     any special allowances that accrue on one or more student 
     loans of an eligible officer, in accordance with this 
     section.
       ``(b) Eligible Officers.--An officer is eligible for the 
     benefit described in subsection (a) while the officer--
       ``(1) is serving on active duty;
       ``(2) has not completed more than three years of service on 
     active duty;
       ``(3) is the debtor on one or more unpaid loans described 
     in subsection (c); and
       ``(4) is not in default on any such loan.
       ``(c) Student Loans.--The authority to make payments under 
     subsection (a) may be exercised with respect to the following 
     loans:
       ``(1) A loan made, insured, or guaranteed under part B of 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 
     et seq.).
       ``(2) A loan made under part D of such title (20 U.S.C. 
     1087a et seq.).
       ``(3) A loan made under part E of such title (20 U.S.C. 
     1087aa et seq.).
       ``(d) Maximum Benefit.--Interest and any special allowance 
     may be paid on behalf of an officer under this section for 
     any of the 36 consecutive months during which the officer is 
     eligible under subsection (b).
       ``(e) Funds for Payments.--The Secretary may use amounts 
     appropriated for the pay and allowances of personnel of the 
     commissioned officer corps of the Administration for payments 
     under this section.
       ``(f) Coordination With Secretary of Education.--
       ``(1) In general.--The Secretary shall consult with the 
     Secretary of Education regarding the administration of this 
     section.
       ``(2) Transfer of funds.--The Secretary shall transfer to 
     the Secretary of Education the funds necessary--
       ``(A) to pay interest and special allowances on student 
     loans under this section (in accordance with sections 428(o), 
     455(l), and 464(j) of the Higher Education Act of 1965 (20 
     U.S.C. 1078(o), 1087e(l), and 1087dd(j)); and
       ``(B) to reimburse the Secretary of Education for any 
     reasonable administrative costs incurred by the Secretary in 
     coordinating the program under this section with the 
     administration of the student loan programs under parts B, D, 
     and E of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.).
       ``(g) Special Allowance Defined.--In this section, the term 
     `special allowance' means a special allowance that is payable 
     under section 438 of the Higher Education Act of 1965 (20 
     U.S.C. 1087-1).''.
       (b) Conforming Amendments.--
       (1) Section 428(o) of the Higher Education Act of 1965 (20 
     U.S.C. 1078(o)) is amended--
       (A) by striking the subsection heading and inserting 
     ``Armed Forces and NOAA Commissioned Officer Corps Student 
     Loan Interest Payment Programs''; and
       (B) in paragraph (1)--
       (i) by inserting ``or section 268 of the National Oceanic 
     and Atmospheric Administration Commissioned Officer Corps Act 
     of 2002'' after ``Code,''; and
       (ii) by inserting ``or an officer in the commissioned 
     officer corps of the National Oceanic and Atmospheric 
     Administration, respectively,'' after ``Armed Forces''.
       (2) Sections 455(l) and 464(j) of the Higher Education Act 
     of 1965 (20 U.S.C. 1087e(l) and 1087dd(j)) are each amended--
       (A) by striking the subsection heading and inserting 
     ``Armed Forces and NOAA Commissioned Officer Corps Student 
     Loan Interest Payment Programs''; and
       (B) in paragraph (1)--
       (i) by inserting ``or section 268 of the National Oceanic 
     and Atmospheric Administration Commissioned Officer Corps Act 
     of 2002'' after ``Code,''; and
       (ii) by inserting ``or an officer in the commissioned 
     officer corps of the National Oceanic and Atmospheric 
     Administration, respectively'' after ``Armed Forces''.
       (c) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to reauthorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 201(b), is 
     further amended by inserting after the item relating to 
     section 267 the following:

``Sec. 268. Interest payment program.''.

[[Page S6708]]

  


     SEC. 203. STUDENT PRE-COMMISSIONING PROGRAM.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as 
     amended by section 202(a), is further amended by adding at 
     the end the following:

     ``SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION ASSISTANCE 
                   PROGRAM.

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

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

     SEC. 204. LIMITATION ON EDUCATIONAL ASSISTANCE.

       (a) In General.--Each fiscal year, beginning with the 
     fiscal year in which this Act is enacted, the Secretary of 
     Commerce shall ensure that the total amount expended by the 
     Secretary under section 267 of the National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps Act of 
     2002 (as added by section 201(a)), section 268 of such Act 
     (as added by section 202(a)), and section 269 of such Act (as 
     added by section 203(a)) does not exceed the amount by 
     which--
       (1) the total amount the Secretary would pay in that fiscal 
     year to officer candidates under section 203(f)(1) of title 
     37, United States Code (as added by section 305(d)), if such 
     section entitled officer candidates to pay at monthly rates 
     equal to the basic pay of a commissioned officer in the pay 
     grade O-1 with less than 2 years of service, exceeds
       (2) the total amount the Secretary actually pays in that 
     fiscal year to officer candidates under section 203(f)(1) of 
     such title (as so added).
       (b) Officer Candidate Defined.--In this section, the term 
     ``officer candidate'' has the meaning given the term in 
     paragraph (4) of section 212(b) of the National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps Act of 
     2002 (33 U.S.C. 3002), as added by section 305(c).

     SEC. 205. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, 
                   UNITED STATES CODE, AND EXTENSION OF CERTAIN 
                   AUTHORITIES APPLICABLE TO MEMBERS OF THE ARMED 
                   FORCES TO COMMISSIONED OFFICER CORPS.

       (a) Applicability of Certain Provisions of Title 10.--
     Section 261(a) (33 U.S.C. 3071(a)) is amended--
       (1) by redesignating paragraphs (13) through (16) as 
     paragraphs (22) through (25), respectively;
       (2) by redesignating paragraphs (7) through (12) as 
     paragraphs (14) through (19), respectively;
       (3) by redesignating paragraphs (4) through (6) as 
     paragraphs (8) through (10), respectively;
       (4) by inserting after paragraph (3) the following:
       ``(4) Section 771, relating to unauthorized wearing of 
     uniforms.
       ``(5) Section 774, relating to wearing religious apparel 
     while in uniform.
       ``(6) Section 982, relating to service on State and local 
     juries.
       ``(7) Section 1031, relating to administration of oaths.'';
       (5) by inserting after paragraph (10), as redesignated, the 
     following:
       ``(11) Section 1074n, relating to annual mental health 
     assessments.
       ``(12) Section 1090a, relating to referrals for mental 
     health evaluations.
       ``(13) Chapter 58, relating to the Benefits and Services 
     for members being separated or recently separated.''; and
       (6) by inserting after paragraph (19), as redesignated, the 
     following:
       ``(20) Subchapter I of chapter 88, relating to Military 
     Family Programs.
       ``(21) Section 2005, relating to advanced education 
     assistance, active duty agreements, and reimbursement 
     requirements.''.
       (b) Extension of Certain Authorities.--
       (1) Notarial services.--Section 1044a of title 10, United 
     States Code, is amended--
       (A) in subsection (a)(1), by striking ``armed forces'' and 
     inserting ``uniformed services''; and
       (B) in subsection (b)(4), by striking ``armed forces'' both 
     places it appears and inserting ``uniformed services''.
       (2) Acceptance of voluntary services for programs serving 
     members and their families.--Section 1588 of such title is 
     amended--
       (A) in subsection (a)(3), in the matter before subparagraph 
     (A), by striking ``armed forces'' and inserting ``uniformed 
     services''; and
       (B) by adding at the end the following new subsection:
       ``(g) Secretary Concerned for Acceptance of Services for 
     Programs Serving Members of NOAA Corps and Their Families.--
     For purposes of the acceptance of services described in 
     subsection (a)(3), the term `Secretary concerned' in 
     subsection (a) shall include the Secretary of Commerce with 
     respect to members of the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration.''.

[[Page S6709]]

       (3) Capstone course for newly selected flag officers.--
     Section 2153 of such title is amended--
       (A) in subsection (a)--
       (i) by inserting ``or the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration'' after ``in 
     the case of the Navy''; and
       (ii) by striking ``other armed forces'' and inserting 
     ``other uniformed services''; and
       (B) in subsection (b)(1), in the matter before subparagraph 
     (A), by inserting ``or the Secretary of Commerce, as 
     applicable,'' after ``the Secretary of Defense''.

     SEC. 206. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, 
                   UNITED STATES CODE.

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

     ``SEC. 261A. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, 
                   UNITED STATES CODE.

       ``(a) Provisions Made Applicable to Commissioned Officer 
     Corps.--The provisions of law applicable to the Armed Forces 
     under the following provisions of title 37, United States 
     Code, shall apply to the commissioned officer corps of the 
     Administration:
       ``(1) Section 324, relating to accession bonuses for new 
     officers in critical skills.
       ``(2) Section 403(f)(3), relating to prescribing 
     regulations defining the terms `field duty' and `sea duty'.
       ``(3) Section 403(l), relating to temporary continuation of 
     housing allowance for dependents of members dying on active 
     duty.
       ``(4) Section 415, relating to initial uniform allowances.
       ``(5) Section 488, relating to allowances for recruiting 
     expenses.
       ``(6) Section 495, relating to allowances for funeral 
     honors duty.
       ``(b) References.--The authority vested by title 37, United 
     States Code, in the `military departments', `the Secretary 
     concerned', or `the Secretary of Defense' with respect to the 
     provisions of law referred to in subsection (a) shall be 
     exercised, with respect to the commissioned officer corps of 
     the Administration, by the Secretary of Commerce or the 
     Secretary's designee.''.
       (b) Personal Money Allowance.--Section 414(a)(2) of title 
     37, United States Code, is amended by inserting ``or the 
     director of the commissioned officer corps of the National 
     Oceanic and Atmospheric Administration'' after ``Health 
     Service''.
       (c) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to reauthorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 261 the following:

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

     SEC. 207. PROHIBITION ON RETALIATORY PERSONNEL ACTIONS.

       (a) In General.--Subsection (a) of section 261 (33 U.S.C. 
     3071), as amended by section 205(a), is further amended--
       (1) by redesignating paragraphs (8) through (25) as 
     paragraphs (9) through (26), respectively; and
       (2) by inserting after paragraph (7) the following:
       ``(8) Section 1034, relating to protected communications 
     and prohibition of retaliatory personnel actions.''.
       (b) Conforming Amendment.--Subsection (b) of such section 
     261 is amended by adding at the end the following: ``For 
     purposes of paragraph (8) of subsection (a), the term 
     `Inspector General' in section 1034 of such title 10 shall 
     mean the Inspector General of the Department of Commerce.''.
       (c) Regulations.--Such section is further amended by adding 
     at the end the following:
       ``(c) Regulations Regarding Protected Communications and 
     Prohibition of Retaliatory Personnel Actions.--The Secretary 
     may prescribe regulations to carry out the application of 
     section 1034 of title 10, United States Code, to the 
     commissioned officer corps of the Administration, including 
     by prescribing such administrative procedures for 
     investigation and appeal within the commissioned officer 
     corps as the Secretary considers appropriate.''.

     SEC. 208. APPLICATION OF CERTAIN PROVISIONS OF COMPETITIVE 
                   SERVICE LAW.

       Section 3304(f) of title 5, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting ``and members of the 
     commissioned officer corps of the National Oceanic and 
     Atmospheric Administration (or its predecessor organization 
     the Coast and Geodetic Survey) separated from such uniformed 
     service'' after ``separated from the armed forces'';
       (2) in paragraph (2), by striking ``or veteran'' and 
     inserting ``, veteran, or member''; and
       (3) in paragraph (4), by inserting ``and members of the 
     commissioned officer corps of the National Oceanic and 
     Atmospheric Administration (or its predecessor organization 
     the Coast and Geodetic Survey) separated from such uniformed 
     service'' after ``separated from the armed forces''.

     SEC. 209. 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. 210. 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 of the Administration for at least 
     three years to be serving in a career or career-conditional 
     position in the competitive service within the Administration 
     for purposes of such limitation.
       ``(b) Career Appointments.--If the Secretary selects an 
     application submitted by an officer described in subsection 
     (a) for a position described in such subsection, the 
     Secretary shall give such officer a career or career-
     conditional appointment in the competitive service, as 
     appropriate.
       ``(c) Competitive Service Defined.--In this section, the 
     term `competitive service' has the meaning given the term in 
     section 2102 of title 5, United States Code.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to reauthorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 269, as added by section 203(b), the 
     following new item:

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

           TITLE III--APPOINTMENTS AND PROMOTION OF OFFICERS

     SEC. 301. APPOINTMENTS.

       (a) Original Appointments.--Section 221 (33 U.S.C. 3021) is 
     amended to read as follows:

     ``SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINTMENTS.

       ``(a) Original Appointments.--
       ``(1) Grades.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an original appointment of an officer may be made in such 
     grades as may be appropriate for--
       ``(i) the qualification, experience, and length of service 
     of the appointee; and
       ``(ii) the commissioned officer corps of the 
     Administration.
       ``(B) Appointment of officer candidates.--
       ``(i) Limitation on grade.--An original appointment of an 
     officer candidate, upon graduation from the basic officer 
     training program of the commissioned officer corps of the 
     Administration, may not be made in any other grade than 
     ensign.
       ``(ii) Rank.--Officer candidates receiving appointments as 
     ensigns upon graduation from the basic officer training 
     program shall take rank according to their proficiency as 
     shown by the order of their merit at date of graduation.
       ``(2) Source of appointments.--An original appointment may 
     be made from among the following:
       ``(A) Graduates of the basic officer training program of 
     the commissioned officer corps of the Administration.
       ``(B) Graduates of the military service academies of the 
     United States who otherwise meet the academic standards for 
     enrollment in the training program described in subparagraph 
     (A).
       ``(C) Graduates of the maritime academies of the States 
     who--
       ``(i) otherwise meet the academic standards for enrollment 
     in the training program described in subparagraph (A);
       ``(ii) completed at least three years of regimented 
     training while at a maritime academy of a State; and
       ``(iii) obtained an unlimited tonnage or unlimited 
     horsepower Merchant Mariner Credential from the United States 
     Coast Guard.
       ``(D) Licensed officers of the United States merchant 
     marine who have served two or more years aboard a vessel of 
     the United States in the capacity of a licensed officer, who 
     otherwise meet the academic standards for enrollment in the 
     training program described in subparagraph (A).
       ``(3) Definitions.--In this subsection:
       ``(A) Maritime academies of the states.--The term `maritime 
     academies of the States' means the following:
       ``(i) California Maritime Academy, Vallejo, California.
       ``(ii) Great Lakes Maritime Academy, Traverse City, 
     Michigan.
       ``(iii) Maine Maritime Academy, Castine, Maine.
       ``(iv) Massachusetts Maritime Academy, Buzzards Bay, 
     Massachusetts.
       ``(v) State University of New York Maritime College, Fort 
     Schuyler, New York.
       ``(vi) Texas A&M Maritime Academy, Galveston, Texas.
       ``(B) Military service academies of the united states.--The 
     term `military service academies of the United States' means 
     the following:
       ``(i) The United States Military Academy, West Point, New 
     York.
       ``(ii) The United States Naval Academy, Annapolis, 
     Maryland.
       ``(iii) The United States Air Force Academy, Colorado 
     Springs, Colorado.
       ``(iv) The United States Coast Guard Academy, New London, 
     Connecticut.
       ``(v) The United States Merchant Marine Academy, Kings 
     Point, New York.

[[Page S6710]]

       ``(b) Reappointment.--
       ``(1) In general.--Except as provided in paragraph (2), an 
     individual who previously served in the commissioned officer 
     corps of the Administration may be appointed by the Secretary 
     to the grade the individual held prior to separation.
       ``(2) Reappointments to higher grades.--An appointment 
     under paragraph (1) to a position of importance and 
     responsibility designated under section 228 may only be made 
     by the President.
       ``(c) Qualifications.--An appointment under subsection (a) 
     or (b) may not be given to an individual until the 
     individual's mental, moral, physical, and professional 
     fitness to perform the duties of an officer has been 
     established under such regulations as the Secretary shall 
     prescribe.
       ``(d) Order of Precedence.--Appointees under this section 
     shall take precedence in the grade to which appointed in 
     accordance with the dates of their commissions as 
     commissioned officers in such grade. The order of precedence 
     of appointees whose dates of commission are the same shall be 
     determined by the Secretary.
       ``(e) Inter-Service Transfers.--For inter-service transfers 
     (as described in Department of Defense Directive 1300.4 
     (dated December 27, 2006)) the Secretary shall--
       ``(1) coordinate with the Secretary of Defense and the 
     Secretary of the Department in which the Coast Guard is 
     operating to promote and streamline inter-service transfers;
       ``(2) give preference to such inter-service transfers for 
     recruitment purposes as determined appropriate by the 
     Secretary; and
       ``(3) reappoint such inter-service transfers to the 
     equivalent grade in the commissioned officer corps of the 
     Administration.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to reauthorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by striking the item relating 
     to section 221 and inserting the following:

``Sec. 221. Original appointments and reappointments.''.

     SEC. 302. PERSONNEL BOARDS.

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

     ``SEC. 222. PERSONNEL BOARDS.

       ``(a) Convening.--Not less frequently than once each year 
     and at such other times as the Secretary determines 
     necessary, the Secretary shall convene a personnel board.
       ``(b) Membership.--
       ``(1) In general.--A board convened under subsection (a) 
     shall consist of five or more officers who are serving in or 
     above the permanent grade of the officers under consideration 
     by the board.
       ``(2) Retired officers.--Officers on the retired list may 
     be recalled to serve on such personnel boards as the 
     Secretary considers necessary.
       ``(3) No membership on two successive boards.--No officer 
     may be a member of two successive personnel boards convened 
     to consider officers of the same grade for promotion or 
     separation.
       ``(c) Duties.--Each personnel board shall--
       ``(1) recommend to the Secretary such changes as may be 
     necessary to correct any erroneous position on the lineal 
     list that was caused by administrative error; and
       ``(2) make selections and recommendations to the Secretary 
     and the President for the appointment, promotion, involuntary 
     separation, continuation, and involuntary retirement of 
     officers in the commissioned officer corps of the 
     Administration as prescribed in this title.
       ``(d) Action on Recommendations Not Acceptable.--If any 
     recommendation by a board convened under subsection (a) is 
     not accepted by the Secretary or the President, the board 
     shall make such further recommendations as the Secretary or 
     the President considers appropriate.
       ``(e) Authority for Officers to Opt Out of Promotion 
     Consideration.--
       ``(1) In general.--The Director of the National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps may 
     provide that an officer, upon the officer's request and with 
     the approval of the Director, be excluded from consideration 
     for promotion by a personnel board convened under this 
     section.
       ``(2) Approval.--The Director shall approve a request made 
     by an officer under paragraph (1) only if--
       ``(A) the basis for the request is to allow the officer to 
     complete a broadening assignment, advanced education, another 
     assignment of significant value to the Administration, a 
     career progression requirement delayed by the assignment or 
     education, or a qualifying personal or professional 
     circumstance, as determined by the Director;
       ``(B) the Director determines the exclusion from 
     consideration is in the best interest of the Administration; 
     and
       ``(C) the officer has not previously failed selection for 
     promotion to the grade for which the officer requests the 
     exclusion from consideration.''.

     SEC. 303. POSITIONS OF IMPORTANCE AND RESPONSIBILITY.

       Section 228 (33 U.S.C. 3028) is amended--
       (1) in subsection (c)--
       (A) in the first sentence, by striking ``The Secretary 
     shall designate one position under this section'' and 
     inserting ``The President shall designate one position''; and
       (B) in the second sentence, by striking ``That position 
     shall be filled by'' and inserting ``The President shall fill 
     that position by appointing, by and with the advice and 
     consent of the Senate,'';
       (2) in subsection (d)(2), by inserting ``or immediately 
     beginning a period of terminal leave'' after ``for which a 
     higher grade is designated'';
       (3) by amending subsection (e) to read as follows:
       ``(e) Limit on Number of Officers Appointed.--The total 
     number of officers serving on active duty at any one time in 
     the grade of rear admiral (lower half) or above may not 
     exceed five, with only one serving in the grade of vice 
     admiral.''; and
       (4) in subsection (f), by inserting ``or in a period of 
     annual leave used at the end of the appointment'' after 
     ``serving in that grade''.

     SEC. 304. TEMPORARY APPOINTMENTS.

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

     ``SEC. 229. TEMPORARY APPOINTMENTS.

       ``(a) Appointments by President.--Temporary appointments in 
     the grade of ensign, lieutenant junior grade, or lieutenant 
     may be made by the President.
       ``(b) Termination.--A temporary appointment to a position 
     under subsection (a) shall terminate upon approval of a 
     permanent appointment for such position made by the 
     President.
       ``(c) Order of Precedence.--Appointees under subsection (a) 
     shall take precedence in the grade to which appointed in 
     accordance with the dates of their appointments as officers 
     in such grade. The order of precedence of appointees who are 
     appointed on the same date shall be determined by the 
     Secretary.
       ``(d) Any One Grade.--When determined by the Secretary to 
     be in the best interest of the commissioned officer corps of 
     the Administration, officers in any permanent grade may be 
     temporarily promoted one grade by the President. Any such 
     temporary promotion terminates upon the transfer of the 
     officer to a new assignment.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to reauthorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by striking the item relating 
     to section 229 and inserting the following:

``Sec. 229. Temporary appointments.''.

     SEC. 305. OFFICER CANDIDATES.

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

     ``SEC. 234. OFFICER CANDIDATES.

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

``Sec. 234. Officer candidates.''.
       (c) Officer Candidate Defined.--Section 212(b) (33 U.S.C. 
     3002(b)) is amended--
       (1) by redesignating paragraphs (4) through (6) as 
     paragraphs (5) through (7), respectively; and
       (2) by inserting after paragraph (3) the following:
       ``(4) Officer candidate.--The term `officer candidate' 
     means an individual who is enrolled in the basic officer 
     training program of the Administration and is under 
     consideration for appointment as an officer under section 
     221(a)(2)(A).''.
       (d) Pay for Officer Candidates.--Section 203 of title 37, 
     United States Code, is amended by adding at the end the 
     following:

[[Page S6711]]

       ``(f)(1) An officer candidate enrolled in the basic officer 
     training program of the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration is entitled, 
     while participating in such program, to monthly officer 
     candidate pay at monthly rates equal to the basic pay of an 
     enlisted member in the pay grade E-5 with less than two years 
     of service.
       ``(2) An individual who graduates from such program shall 
     receive credit for the time spent participating in such 
     program as if such time were time served while on active duty 
     as a commissioned officer. If the individual does not 
     graduate from such program, such time shall not be considered 
     creditable for active duty or pay.''.

     SEC. 306. PROCUREMENT OF PERSONNEL.

       (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as 
     amended by section 305(a), is further amended by adding at 
     the end the following:

     ``SEC. 235. PROCUREMENT OF PERSONNEL.

       ``The Secretary may make such expenditures as the Secretary 
     considers necessary in order to obtain recruits for the 
     commissioned officer corps of the Administration, including 
     advertising.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to reauthorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 305(b), is 
     further amended by inserting after the item relating to 
     section 234 the following:

``Sec. 235. Procurement of personnel.''.

     SEC. 307. CAREER INTERMISSION PROGRAM.

       (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as 
     amended by section 306(a), is further amended by adding at 
     the end the following:

     ``SEC. 236. CAREER FLEXIBILITY TO ENHANCE RETENTION OF 
                   OFFICERS.

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

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

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

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

            TITLE IV--SEPARATION AND RETIREMENT OF OFFICERS

     SEC. 401. INVOLUNTARY RETIREMENT OR SEPARATION.

       Section 241 (33 U.S.C. 3041) is amended by adding at the 
     end the following:
       ``(d) Deferment of Retirement or Separation for Medical 
     Reasons.--
       ``(1) In general.--If the Secretary determines that the 
     evaluation of the medical condition of an officer requires 
     hospitalization or medical observation that cannot be 
     completed with confidence in a manner consistent with the 
     officer's well-being before the date on which the officer

[[Page S6712]]

     would otherwise be required to retire or be separated under 
     this section, the Secretary may defer the retirement or 
     separation of the officer.
       ``(2) Consent required.--A deferment may only be made with 
     the written consent of the officer involved. If the officer 
     does not provide written consent to the deferment, the 
     officer shall be retired or separated as scheduled.
       ``(3) Limitation.--A deferment of retirement or separation 
     under this subsection may not extend for more than 30 days 
     after completion of the evaluation requiring hospitalization 
     or medical observation.''.

     SEC. 402. SEPARATION PAY.

       Section 242 (33 U.S.C. 3042) is amended by adding at the 
     end the following:
       ``(d) Exception.--An officer discharged for twice failing 
     selection for promotion to the next higher grade is not 
     entitled to separation pay under this section if the 
     officer--
       ``(1) expresses a desire not to be selected for promotion; 
     or
       ``(2) requests removal from the list of selectees.''.

 TITLE V--OTHER NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION MATTERS

     SEC. 501. CHARTING AND SURVEY SERVICES.

       (a) In General.--Not later than 270 days after the 
     development of the strategy required by section 1002(b) of 
     the Frank LoBiondo Coast Guard Authorization Act of 2018 (33 
     U.S.C. 892a note), the Secretary of Commerce shall enter into 
     not fewer than 2 multi-year contracts with 1 or more private 
     entities for the performance of charting and survey services 
     by vessels.
       (b) Charting and Surveys in the Arctic.--In soliciting and 
     engaging the services of vessels under subsection (a), the 
     Secretary shall particularly emphasize the need for charting 
     and surveys in the Arctic.

     SEC. 502. LEASES AND CO-LOCATION AGREEMENTS.

       (a) In General.--Notwithstanding any other provision of 
     law, in fiscal year 2020 and each fiscal year thereafter, the 
     Administrator of the National Oceanic and Atmospheric 
     Administration may execute noncompetitive leases and 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 lease or 
     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 in 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) Fiscal Year Limitation.--The obligation of amounts for 
     leases and agreements executed under subsection (a) is 
     limited to the fiscal year for which payments are due, 
     without regard to sections 1341(a)(1), 1501(a)(1), 1502(a), 
     and 1517(a) of title 31, United States Code.
       (d) Collaboration Agreements.--Upon the execution of a 
     lease or 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 lease or agreement. The cost of such agreements shall 
     be apportioned equitably, as determined by the Administrator.

     SEC. 503. SATELLITE AND DATA MANAGEMENT.

       Section 301 of the Weather Research and Forecasting 
     Innovation Act of 2017 (15 U.S.C. 8531) is amended--
       (1) in subsection (c)(1), by striking subparagraph (D) and 
     inserting the following:
       ``(D) improve--
       ``(i) weather and climate forecasting and predictions; and
       ``(ii) the understanding, management, and exploration of 
     the ocean.''; and
       (2) in subsection (d)--
       (A) in paragraph (1)--
       (i) by striking ``data and satellite systems'' and 
     inserting ``data, satellite, and other observing systems''; 
     and
       (ii) by striking ``to carry out'' and all that follows and 
     inserting the following: ``to carry out--
       ``(A) basic, applied, and advanced research projects and 
     ocean exploration missions to meet the objectives described 
     in subparagraphs (A) through (D) of subsection (c)(1); or
       ``(B) any other type of project to meet other mission 
     objectives, as determined by the Under Secretary.'';
       (B) in paragraph (2)(B)(i), by striking ``satellites'' and 
     all that follows and inserting ``systems, including 
     satellites, instrumentation, ground stations, data, and data 
     processing;''; and
       (C) in paragraph (3), by striking ``2023'' and inserting 
     ``2030''.

  Mr. CORNYN. Madam President, I ask unanimous consent that the 
committee-reported amendment be withdrawn and that the Sullivan 
substitute amendment at the desk be agreed to; that the bill, as 
amended, be considered read a third time and passed; and that the 
motion to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment was withdrawn.
  The amendment (No. 2683), in the nature of a substitute, was agreed 
to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill (S. 2981), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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