[Congressional Record Volume 166, Number 204 (Thursday, December 3, 2020)]
[House]
[Pages H6111-H6124]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER 
                      CORPS AMENDMENTS ACT OF 2020

  Mr. CASE. Mr. Speaker, I move to suspend the rules and pass the bill 
(S. 2981) to reauthorize and amend the National Oceanic and Atmospheric 
Administration Commissioned Officer Corps Act of 2020, and for other 
purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                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 2020''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

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

                      TITLE I--GENERAL PROVISIONS

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

                    TITLE II--PARITY AND RECRUITMENT

Sec. 201. Education loans.
Sec. 202. Interest payments.
Sec. 203. Student pre-commissioning program.

[[Page H6112]]

Sec. 204. Limitation on educational assistance.
Sec. 205. Applicability of certain provisions of title 10, United 
              States Code, and extension of certain authorities 
              applicable to members of the Armed Forces to commissioned 
              officer corps.
Sec. 206. Applicability of certain provisions of title 37, United 
              States Code.
Sec. 207. Prohibition on retaliatory personnel actions.
Sec. 208. Employment and reemployment rights.
Sec. 209. Treatment of commission in commissioned officer corps for 
              purposes of certain hiring decisions.

           TITLE III--APPOINTMENTS AND PROMOTION OF OFFICERS

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

            TITLE IV--SEPARATION AND RETIREMENT OF OFFICERS

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

 TITLE V--OTHER NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION MATTERS

Sec. 501. Charting and survey services.
Sec. 502. Co-location agreements.
Sec. 503. Satellite and data management.
Sec. 504. Improvements relating to sexual harassment and assault 
              prevention at the National Oceanic and Atmospheric 
              Administration.

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

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

                      TITLE I--GENERAL PROVISIONS

     SEC. 101. STRENGTH AND DISTRIBUTION IN GRADE.

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

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

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

     SEC. 102. RECALLED OFFICERS.

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

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

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

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

     SEC. 103. OBLIGATED SERVICE REQUIREMENT.

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

     ``SEC. 216. OBLIGATED SERVICE REQUIREMENT.

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

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

     SEC. 104. TRAINING AND PHYSICAL FITNESS.

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

     ``SEC. 217. TRAINING AND PHYSICAL FITNESS.

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

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

     SEC. 105. AVIATION ACCESSION TRAINING PROGRAMS.

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

[[Page H6113]]

  


     ``SEC. 218. AVIATION ACCESSION TRAINING PROGRAMS.

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

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

     SEC. 106. RECRUITING MATERIALS.

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

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

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

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

     SEC. 107. TECHNICAL CORRECTION.

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

                    TITLE II--PARITY AND RECRUITMENT

     SEC. 201. EDUCATION LOANS.

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

     ``SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM.

       ``(a) Authority To Repay Education Loans.--For the purpose 
     of maintaining adequate numbers of officers of the 
     commissioned officer corps of the Administration on active 
     duty who have skills required by the commissioned officer 
     corps, the Secretary may repay, in the case of a person 
     described in subsection (b), a loan that--
       ``(1) was used by the person to finance education; and
       ``(2) was obtained from a governmental entity, private 
     financial institution, educational institution, or other 
     authorized entity.
       ``(b) Eligible Persons.--To be eligible to obtain a loan 
     repayment under this section, a person must--
       ``(1) satisfy one of the requirements specified in 
     subsection (c);
       ``(2) be fully qualified for, or hold, an appointment as a 
     commissioned officer in the

[[Page H6114]]

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

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

     SEC. 202. INTEREST PAYMENTS.

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

     ``SEC. 268. INTEREST PAYMENT PROGRAM.

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

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

     SEC. 203. STUDENT PRE-COMMISSIONING PROGRAM.

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

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

       ``(a) Authority To Provide Financial Assistance.--For the 
     purpose of maintaining adequate numbers of officers of the 
     commissioned officer corps of the Administration on active 
     duty, the Secretary may provide financial assistance to a 
     person described in subsection (b) for expenses of the person 
     while the person is pursuing on a full-time basis at an 
     accredited educational institution (as determined by the 
     Secretary of Education) a program of education approved by 
     the Secretary that leads to--
       ``(1) a baccalaureate degree in not more than five academic 
     years; or
       ``(2) a postbaccalaureate degree.
       ``(b) Eligible Persons.--
       ``(1) In general.--A person is eligible to obtain financial 
     assistance under subsection (a) if the person--
       ``(A) is enrolled on a full-time basis in a program of 
     education referred to in subsection (a) at any educational 
     institution described in such subsection;
       ``(B) meets all of the requirements for acceptance into the 
     commissioned officer corps of the Administration except for 
     the completion of a baccalaureate degree; and
       ``(C) enters into a written agreement with the Secretary 
     described in paragraph (2).
       ``(2) Agreement.--A written agreement referred to in 
     paragraph (1)(C) is an agreement between the person and the 
     Secretary in which the person--
       ``(A) agrees to accept an appointment as an officer, if 
     tendered; and
       ``(B) upon completion of the person's educational program, 
     agrees to serve on active duty, immediately after 
     appointment, for--
       ``(i) up to three years if the person received less than 
     three years of assistance; and
       ``(ii) up to five years if the person received at least 
     three years of assistance.
       ``(c) Qualifying Expenses.--Expenses for which financial 
     assistance may be provided under subsection (a) are the 
     following:
       ``(1) Tuition and fees charged by the educational 
     institution involved.
       ``(2) The cost of educational materials.
       ``(3) In the case of a program of education leading to a 
     baccalaureate degree, laboratory expenses.
       ``(4) Such other expenses as the Secretary considers 
     appropriate.
       ``(d) Limitation on Amount.--The Secretary shall prescribe 
     the amount of financial assistance provided to a person under 
     subsection (a), which may not exceed the

[[Page H6115]]

     amount specified in section 2173(e)(2) of title 10, United 
     States Code, for each year of obligated service that a person 
     agrees to serve in an agreement described in subsection 
     (b)(2).
       ``(e) Duration of Assistance.--Financial assistance may be 
     provided to a person under subsection (a) for not more than 
     five consecutive academic years.
       ``(f) Subsistence Allowance.--
       ``(1) In general.--A person who receives financial 
     assistance under subsection (a) shall be entitled to a 
     monthly subsistence allowance at a rate prescribed under 
     paragraph (2) for the duration of the period for which the 
     person receives such financial assistance.
       ``(2) Determination of amount.--The Secretary shall 
     prescribe monthly rates for subsistence allowance provided 
     under paragraph (1), which shall be equal to the amount 
     specified in section 2144(a) of title 10, United States Code.
       ``(g) Initial Clothing Allowance.--
       ``(1) Training.--The Secretary may prescribe a sum which 
     shall be credited to each person who receives financial 
     assistance under subsection (a) to cover the cost of the 
     person's initial clothing and equipment issue.
       ``(2) Appointment.--Upon completion of the program of 
     education for which a person receives financial assistance 
     under subsection (a) and acceptance of appointment in the 
     commissioned officer corps of the Administration, the person 
     may be issued a subsequent clothing allowance equivalent to 
     that normally provided to a newly appointed officer.
       ``(h) Termination of Financial Assistance.--
       ``(1) In general.--The Secretary shall terminate the 
     assistance provided to a person under this section if--
       ``(A) the Secretary accepts a request by the person to be 
     released from an agreement described in subsection (b)(2);
       ``(B) the misconduct of the person results in a failure to 
     complete the period of active duty required under the 
     agreement; or
       ``(C) the person fails to fulfill any term or condition of 
     the agreement.
       ``(2) Reimbursement.--The Secretary may require a person 
     who receives assistance described in subsection (c), (f), or 
     (g) under an agreement entered into under subsection 
     (b)(1)(C) to reimburse the Secretary in an amount that bears 
     the same ratio to the total costs of the assistance provided 
     to that person as the unserved portion of active duty bears 
     to the total period of active duty the officer agreed to 
     serve under the agreement.
       ``(3) Waiver.--The Secretary may waive the service 
     obligation of a person through an agreement entered into 
     under subsection (b)(1)(C) if the person--
       ``(A) becomes unqualified to serve on active duty in the 
     commissioned officer corps of the Administration because of a 
     circumstance not within the control of that person; or
       ``(B) is--
       ``(i) not physically qualified for appointment; and
       ``(ii) determined to be unqualified for service in the 
     commissioned officer corps of the Administration because of a 
     physical or medical condition that was not the result of the 
     person's own misconduct or grossly negligent conduct.
       ``(4) Obligation as debt to united states.--An obligation 
     to reimburse the Secretary imposed under paragraph (2) is, 
     for all purposes, a debt owed to the United States.
       ``(5) Discharge in bankruptcy.--A discharge in bankruptcy 
     under title 11, United States Code, that is entered less than 
     five years after the termination of a written agreement 
     entered into under subsection (b)(1)(C) does not discharge 
     the person signing the agreement from a debt arising under 
     such agreement or under paragraph (2).
       ``(i) Regulations.--The Secretary may prescribe such 
     regulations and orders as the Secretary considers appropriate 
     to carry out this section.
       ``(j) Concurrent Completion of Service Obligations.--A 
     service obligation under this section may be completed 
     concurrently with a service obligation under section 216.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to reauthorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 202(c), is 
     further amended by inserting after the item relating to 
     section 268 the following:

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

     SEC. 204. LIMITATION ON EDUCATIONAL ASSISTANCE.

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

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

       (a) Applicability of Certain Provisions of Title 10.--
     Section 261(a) (33 U.S.C. 3071(a)) is amended--
       (1) by redesignating paragraphs (13) through (16) as 
     paragraphs (22) through (25), respectively;
       (2) by redesignating paragraphs (7) through (12) as 
     paragraphs (14) through (19), respectively;
       (3) by redesignating paragraphs (4) through (6) as 
     paragraphs (8) through (10), respectively;
       (4) by inserting after paragraph (3) the following:
       ``(4) Section 771, relating to unauthorized wearing of 
     uniforms.
       ``(5) Section 774, relating to wearing religious apparel 
     while in uniform.
       ``(6) Section 982, relating to service on State and local 
     juries.
       ``(7) Section 1031, relating to administration of oaths.'';
       (5) by inserting after paragraph (10), as redesignated, the 
     following:
       ``(11) Section 1074n, relating to annual mental health 
     assessments.
       ``(12) Section 1090a, relating to referrals for mental 
     health evaluations.
       ``(13) Chapter 58, relating to the Benefits and Services 
     for members being separated or recently separated.''; and
       (6) by inserting after paragraph (19), as redesignated, the 
     following:
       ``(20) Subchapter I of chapter 88, relating to Military 
     Family Programs, applicable on an as-available and fully 
     reimbursable basis.
       ``(21) Section 2005, relating to advanced education 
     assistance, active duty agreements, and reimbursement 
     requirements.''.
       (b) Extension of Certain Authorities.--
       (1) Notarial services.--Section 1044a of title 10, United 
     States Code, is amended--
       (A) in subsection (a)(1), by striking ``armed forces'' and 
     inserting ``uniformed services''; and
       (B) in subsection (b)(4), by striking ``armed forces'' both 
     places it appears and inserting ``uniformed services''.
       (2) Acceptance of voluntary services for programs serving 
     members and their families.--Section 1588 of such title is 
     amended--
       (A) in subsection (a)(3), in the matter before subparagraph 
     (A), by striking ``armed forces'' and inserting ``uniformed 
     services''; and
       (B) by adding at the end the following new subsection:
       ``(g) Secretary Concerned for Acceptance of Services for 
     Programs Serving Members of NOAA Corps and Their Families.--
     For purposes of the acceptance of services described in 
     subsection (a)(3), the term `Secretary concerned' in 
     subsection (a) shall include the Secretary of Commerce with 
     respect to members of the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration.''.
       (3) Capstone course for newly selected flag officers.--
     Section 2153 of such title is amended--
       (A) in subsection (a)--
       (i) by inserting ``or the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration'' after ``in 
     the case of the Navy''; and
       (ii) by striking ``other armed forces'' and inserting 
     ``other uniformed services''; and
       (B) in subsection (b)(1), in the matter before subparagraph 
     (A), by inserting ``or the Secretary of Commerce, as 
     applicable,'' after ``the Secretary of Defense''.

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

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

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

       ``The provisions of law applicable to the Armed Forces 
     under the following provisions of title 37, United States 
     Code, shall apply to the commissioned officer corps of the 
     Administration:
       ``(1) Section 403(l), relating to temporary continuation of 
     housing allowance for dependents of members dying on active 
     duty.
       ``(2) Section 415, relating to initial uniform allowances.
       ``(3) Section 488, relating to allowances for recruiting 
     expenses.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to reauthorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 261 the following:

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

[[Page H6116]]

  


     SEC. 207. PROHIBITION ON RETALIATORY PERSONNEL ACTIONS.

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

     SEC. 208. EMPLOYMENT AND REEMPLOYMENT RIGHTS.

       Section 4303(16) of title 38, United States Code, is 
     amended by inserting ``the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration,'' after 
     ``Public Health Service,''.

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

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

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

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

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

           TITLE III--APPOINTMENTS AND PROMOTION OF OFFICERS

     SEC. 301. APPOINTMENTS.

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

     ``SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINTMENTS.

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

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

     SEC. 302. PERSONNEL BOARDS.

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

     ``SEC. 222. PERSONNEL BOARDS.

       ``(a) Convening.--Not less frequently than once each year 
     and at such other times as the Secretary determines 
     necessary, the Secretary shall convene a personnel board.
       ``(b) Membership.--
       ``(1) In general.--A board convened under subsection (a) 
     shall consist of five or more officers who are serving in or 
     above the permanent grade of the officers under consideration 
     by the board.
       ``(2) Retired officers.--Officers on the retired list may 
     be recalled to serve on such personnel boards as the 
     Secretary considers necessary.
       ``(3) No membership on two successive boards.--No officer 
     may be a member of two successive personnel boards convened 
     to consider officers of the same grade for promotion or 
     separation.
       ``(c) Duties.--Each personnel board shall--
       ``(1) recommend to the Secretary such changes as may be 
     necessary to correct any erroneous position on the lineal 
     list that was caused by administrative error; and
       ``(2) make selections and recommendations to the Secretary 
     and the President for the appointment, promotion, involuntary 
     separation, continuation, and involuntary retirement of 
     officers in the commissioned officer corps of the 
     Administration as prescribed in this title.
       ``(d) Action on Recommendations Not Acceptable.--If any 
     recommendation by a board convened under subsection (a) is 
     not accepted by the Secretary or the President, the board 
     shall make such further recommendations as the Secretary or 
     the President considers appropriate.

[[Page H6117]]

       ``(e) Authority for Officers to Opt Out of Promotion 
     Consideration.--
       ``(1) In general.--The Director of the National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps may 
     provide that an officer, upon the officer's request and with 
     the approval of the Director, be excluded from consideration 
     for promotion by a personnel board convened under this 
     section.
       ``(2) Approval.--The Director shall approve a request made 
     by an officer under paragraph (1) only if--
       ``(A) the basis for the request is to allow the officer to 
     complete a broadening assignment, advanced education, another 
     assignment of significant value to the Administration, a 
     career progression requirement delayed by the assignment or 
     education, or a qualifying personal or professional 
     circumstance, as determined by the Director;
       ``(B) the Director determines the exclusion from 
     consideration is in the best interest of the Administration; 
     and
       ``(C) the officer has not previously failed selection for 
     promotion to the grade for which the officer requests the 
     exclusion from consideration.''.

     SEC. 303. POSITIONS OF IMPORTANCE AND RESPONSIBILITY.

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

     SEC. 304. TEMPORARY APPOINTMENTS.

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

     ``SEC. 229. TEMPORARY APPOINTMENTS.

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

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

     SEC. 305. OFFICER CANDIDATES.

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

     ``SEC. 234. OFFICER CANDIDATES.

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

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

     SEC. 306. PROCUREMENT OF PERSONNEL.

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

     ``SEC. 235. PROCUREMENT OF PERSONNEL.

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

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

     SEC. 307. CAREER INTERMISSION PROGRAM.

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

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

       ``(a) Programs Authorized.--The Secretary may carry out a 
     program under which officers may be inactivated from active 
     duty in order to meet personal or professional needs and 
     returned to active duty at the end of such period of 
     inactivation from active duty.
       ``(b) Period of Inactivation From Active Duty; Effect of 
     Inactivation.--
       ``(1) In general.--The period of inactivation from active 
     duty under a program under this section of an officer 
     participating in the program shall be such period as the 
     Secretary shall specify in the agreement of the officer under 
     subsection (c), except that such period may not exceed three 
     years.
       ``(2) Exclusion from retirement.--Any period of 
     participation of an officer in a program under this section 
     shall not count toward eligibility for retirement or 
     computation of retired pay under subtitle C.
       ``(c) Agreement.--Each officer who participates in a 
     program under this section shall enter into a written 
     agreement with the Secretary under which that officer shall 
     agree as follows:
       ``(1) To undergo during the period of the inactivation of 
     the officer from active duty under the program such inactive 
     duty training as the Director of the National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps shall 
     require in order to ensure that the officer retains 
     proficiency, at a level determined by the Director to be 
     sufficient, in the technical skills, professional 
     qualifications, and physical readiness of the

[[Page H6118]]

     officer during the inactivation of the officer from active 
     duty.
       ``(2) Following completion of the period of the 
     inactivation of the officer from active duty under the 
     program, to serve two months on active duty for each month of 
     the period of the inactivation of the officer from active 
     duty under the program.
       ``(d) Conditions of Release.--The Secretary shall--
       ``(1) prescribe regulations specifying the guidelines 
     regarding the conditions of release that must be considered 
     and addressed in the agreement required by subsection (c); 
     and
       ``(2) at a minimum, prescribe the procedures and standards 
     to be used to instruct an officer on the obligations to be 
     assumed by the officer under paragraph (1) of such subsection 
     while the officer is released from active duty.
       ``(e) Order to Active Duty.--Under regulations prescribed 
     by the Secretary, an officer participating in a program under 
     this section may, in the discretion of the Secretary, be 
     required to terminate participation in the program and be 
     ordered to active duty.
       ``(f) Pay and Allowances.--
       ``(1) Basic pay.--During each month of participation in a 
     program under this section, an officer who participates in 
     the program shall be paid basic pay in an amount equal to 
     two-thirtieths of the amount of monthly basic pay to which 
     the officer would otherwise be entitled under section 204 of 
     title 37, United States Code, as a member of the uniformed 
     services on active duty in the grade and years of service of 
     the officer when the officer commences participation in the 
     program.
       ``(2) Special or incentive pay or bonus.--
       ``(A) Prohibition.--An officer who participates in a 
     program under this section shall not, while participating in 
     the program, be paid any special or incentive pay or bonus to 
     which the officer is otherwise entitled under an agreement 
     under chapter 5 of title 37, United States Code, that is in 
     force when the officer commences participation in the 
     program.
       ``(B) Not treated as failure to perform services.--The 
     inactivation from active duty of an officer participating in 
     a program under this section shall not be treated as a 
     failure of the officer to perform any period of service 
     required of the officer in connection with an agreement for a 
     special or incentive pay or bonus under chapter 5 of title 
     37, United States Code, that is in force when the officer 
     commences participation in the program.
       ``(3) Return to active duty.--
       ``(A) Special or incentive pay or bonus.--Subject to 
     subparagraph (B), upon the return of an officer to active 
     duty after completion by the officer of participation in a 
     program under this section--
       ``(i) any agreement entered into by the officer under 
     chapter 5 of title 37, United States Code, for the payment of 
     a special or incentive pay or bonus that was in force when 
     the officer commenced participation in the program shall be 
     revived, with the term of such agreement after revival being 
     the period of the agreement remaining to run when the officer 
     commenced participation in the program; and
       ``(ii) any special or incentive pay or bonus shall be 
     payable to the officer in accordance with the terms of the 
     agreement concerned for the term specified in clause (i).
       ``(B) Limitation.--
       ``(i) In general.--Subparagraph (A) shall not apply to any 
     special or incentive pay or bonus otherwise covered by that 
     subparagraph with respect to an officer if, at the time of 
     the return of the officer to active duty as described in that 
     subparagraph--

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

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

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

            TITLE IV--SEPARATION AND RETIREMENT OF OFFICERS

     SEC. 401. INVOLUNTARY RETIREMENT OR SEPARATION.

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

     SEC. 402. SEPARATION PAY.

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

 TITLE V--OTHER NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION MATTERS

     SEC. 501. CHARTING AND SURVEY SERVICES.

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

     SEC. 502. CO-LOCATION AGREEMENTS.

       (a) In General.--During fiscal years 2021 through 2030, and 
     subject to the availability of appropriations, the 
     Administrator of the National Oceanic and Atmospheric 
     Administration may execute noncompetitive co-location 
     agreements for real property and incidental goods and 
     services with entities described in subsection (b) for 
     periods of not more than 20 years, if each such agreement is 
     supported by a price reasonableness analysis.

[[Page H6119]]

       (b) Entities Described.--An entity described in this 
     subsection is--
       (1) the government of any State, territory, possession, or 
     locality of the United States;
       (2) any Tribal organization (as defined in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304));
       (3) any subdivision of--
       (A) a government described in paragraph (1); or
       (B) an organization described in paragraph (2); or
       (4) any organization that is--
       (A) organized under the laws of the United States or any 
     jurisdiction within the United States; and
       (B) described in section 501(c) of the Internal Revenue 
     Code of 1986 and exempt from tax under section 501(a) of such 
     Code.
       (c) Collaboration Agreements.--Upon the execution of an 
     agreement authorized by subsection (a) with an entity, the 
     Administrator may enter into agreements with the entity to 
     collaborate or engage in projects or programs on matters of 
     mutual interest for periods not to exceed the term of the 
     agreement. The cost of such agreements shall be apportioned 
     equitably, as determined by the Administrator.
       (d) Savings Clause.--Nothing in this section shall be 
     construed--
       (1) to affect the authority of the Administrator of General 
     Services; or
       (2) to grant the Administrator of the National Oceanic and 
     Atmospheric Administration any additional authority to enter 
     into a lease without approval of the General Services 
     Administration.

     SEC. 503. SATELLITE AND DATA MANAGEMENT.

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

     SEC. 504. IMPROVEMENTS RELATING TO SEXUAL HARASSMENT AND 
                   ASSAULT PREVENTION AT THE NATIONAL OCEANIC AND 
                   ATMOSPHERIC ADMINISTRATION.

       (a) Reporting.--Subtitle C of title XXXV of the National 
     Defense Authorization Act for Fiscal Year 2017 (33 U.S.C. 894 
     et seq.) is amended--
       (1) in section 3541(b)(3)(B) (33 U.S.C. 894(b)(3)(B)), by 
     striking ``can be confidentially reported'' and inserting 
     ``can be reported on a restricted or unrestricted basis''; 
     and
       (2) in section 3542(b)(5)(B) (33 U.S.C. 894a(b)(5)(B)), by 
     striking ``can be confidentially reported'' and inserting 
     ``can be reported on a restricted or unrestricted basis''.
       (b) Investigative Requirement.--Such subtitle is amended--
       (1) by redesignating sections 3546 and 3547 as sections 
     3548 and 3549, respectively; and
       (2) by inserting after section 3545 the following:

     ``SEC. 3546. INVESTIGATION REQUIREMENT.

       ``(a) Requirement to Investigate.--
       ``(1) In general.--The Secretary of Commerce, acting 
     through the Under Secretary for Oceans and Atmosphere, shall 
     ensure that each allegation of sexual harassment reported 
     under section 3541 and each allegation of sexual assault 
     reported under section 3542 is investigated thoroughly and 
     promptly.
       ``(2) Sense of congress on commencement of investigation.--
     It is the sense of Congress that the Secretary should ensure 
     that an investigation of alleged sexual harassment reported 
     under section 3541 or sexual assault reported under section 
     3542 commences not later than 48 hours after the time at 
     which the allegation was reported.
       ``(b) Notification of Delay.--In any case in which the time 
     between the reporting of alleged sexual harassment or sexual 
     assault under section 3541 or 3542, respectively, and 
     commencement of an investigation of the allegation exceeds 48 
     hours, the Secretary shall notify the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Natural Resources of the House of Representatives of the 
     delay.

     ``SEC. 3547. CRIMINAL REFERRAL.

       ``If the Secretary of Commerce finds, pursuant to an 
     investigation under section 3546, evidence that a crime may 
     have been committed, the Secretary shall refer the matter to 
     the appropriate law enforcement authorities, including the 
     appropriate United States Attorney.''.
       (c) Clerical Amendment.--The table of contents in section 
     2(b) of such Act is amended by striking the items relating to 
     sections 3546 and 3547 and inserting the following new items:

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

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Hawaii (Mr. Case) and the gentleman from Utah (Mr. Bishop) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Hawaii.


                             General Leave

  Mr. CASE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on the measure under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Hawaii?
  There was no objection.
  Mr. CASE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in strong support of this bipartisan, 
bicameral measure to treat the commissioned officers of one of our 
Nation's seven uniformed services, the National Oceanic and Atmospheric 
Administration Commissioned Officer Corps, with the same basic 
statutory recruitment, advancement, retention, and benefit structure, 
and with the same respect, as is accorded to commissioned officers of 
our other six armed services, the Army, Navy, Air Force, Marines, Coast 
Guard, and United States Public Health Service Commissioned Corps.
  The bill before us today is led by a Republican, Alaskan Senator 
Sullivan. It passed through the Senate committee and the Senate itself 
by unanimous consent. It is a virtual companion with improvements to 
H.R. 2406, which was introduced by me and both Democratic and 
Republican colleagues, and reported out of our Natural Resources 
Committee.
  If passed today, it will go straight to the President, whose 
Department of Commerce testified to our Natural Resources Committee: 
``The Department believes this bill would improve NOAA's ability to 
administer the NOAA Corps. The Department is very supportive of the 
ability to retain veterans of the NOAA Corps and the unique skill sets 
they possess. The Office of Management and Budget has advised that 
there is no objection to the transmittal of these views, from the 
standpoint of the administration's programs.''
  The bill is also supported wholeheartedly by two of our Nation's 
foremost servicemember organizations, the 350,000-strong Military 
Officers Association of America, representing all military officers of 
all services, and the 5.5-million-strong Military Coalition, whose 
motto is, ``Proudly serving all seven uniformed services.''
  In fact, but for the isolated objections of a few Members, which we 
may hear from shortly, which appear to arise from some combination of a 
fundamental misunderstanding or lack of appreciation for the mission of 
NOAA and its Uniformed Officer Corps, one could scarcely imagine a more 
broadly supported measure.
  The National Oceanic and Atmospheric Administration, or NOAA, 
celebrates its half-century anniversary this year as ``America's 
environmental intelligence agency.'' Never, during that half-century, 
has its mission been so important, and never has it been growing so 
fast.
  NOAA now operates oceanic observation and research throughout our 
world's oceans, measuring the health of our oceans, the health of our 
fisheries, and weather prediction. It operates atmospheric research and 
observation, weather prediction, and, again, national hazard warnings.
  It operates fisheries enforcement increasingly throughout our world, 
including in partnership with our friends and allies. It increases 
partnerships with foreign countries, projecting part of our soft power 
throughout this world. It does its vital work with a critical team, 
including the structured, uniformed Commissioned Officer Corps.
  The women and men of the NOAA Corps operate NOAA's highly specialized 
international fleet of research and survey ships and aircraft. They 
conduct international world-class oceanic

[[Page H6120]]

and atmospheric research, including the famous Hurricane Hunter 
aviators who fly into, above, and around hurricanes to give NOAA's 
National Weather Service forecasters accurate data for their storm 
forecasts and warnings used by emergency managers as they make life and 
death decisions.
  Like the other uniformed services, Active Duty NOAA Corps officers 
spend most of their careers away from home, at sea, in the air, and in 
remote locations such as Antarctica, conducting this important work. 
Their work is frequently in increasingly hazardous conditions.
  However, the corps is often overlooked in the legislative process, 
resulting in a patchwork of statutory authorities, benefits, and 
service obligations.
  This bill will help the NOAA Corps improve recruitment, retention, 
and diversity to attract the best and the brightest commissioned 
officers and better align the NOAA Corps with the other uniformed 
services as they continue their service to NOAA and our Nation.

                              {time}  1830

  The NOAA Corps Amendments Act is an important step to make sure that 
the NOAA Corps has the authority it needs to continue as an effective 
service for our country.
  The bill gives the NOAA Corps officers employment rights in line with 
other uniform services, authorizes education loan repayment programs 
for NOAA Corps officers, tuition support for prospective officers, and 
gives NOAA updated authority to manage the size and composition of the 
corps.
  In their letter supporting the NOAA Corps Amendments Act, the 
Military Officers Association of America, the Nation's leading voice 
for commissioned officers of all seven uniformed services, highlighted 
the importance of the NOAA Corps for national defense.
  They stated that, ``The unique scientific and operational expertise, 
flexibility, and deployment capability of the NOAA Corps continues to 
be a force multiplier for U.S. and ally air, land, and sea operation.''
  This first reauthorization of the NOAA Commissioned Officer Corps 
since 2002, under the House counterpart bill's co-introducer of the 
dean of the House, Mr. Young, further improves the diversity of the 
corps by authorizing financial aid for a student precommissioning 
education in exchange for service, which will prioritize underserved 
populations to undertake careers in NOAA and addresses sexual 
harassment issues by strengthening the corps' policies, including 
required reporting of potential offenses.
  Mr. Speaker, we may shortly hear objections that, as noted, represent 
a distinct minority in Congress and the uniformed services community. 
They recite three decades'-old arguments that we have long moved past. 
They recite various arguments that could just as easily be made for any 
other uniformed service.
  If we are going to go down that road, should we not make those 
arguments globally, not selectively and discriminatorily as to one of 
our seven services?
  They recite arguments that are simply inaccurate and, again, that 
seem to reflect a deep misunderstanding of NOAA's mission.
  Here is the bottom line for this bill: NOAA does exist. It has 
existed for 50 years. It has done its work with a committed officer 
corps for 50 years. It is not being abolished. That mission, that corps 
will continue. That mission is critical and its personnel must be 
recognized and improved. And NOAA officers are commissioned officers in 
our services and should be fully recognized as such, similar to all 
others.
  Mr. Speaker, I urge all of my colleagues to support this bipartisan, 
bicameral, needed, and fair bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BISHOP of Utah. Mr. Speaker, I yield 2 minutes to the gentleman 
from Alaska (Mr. Young), the dean of our Congress, so he can speak on 
this bill, and then I will correct the Record afterwards.
  (Mr. YOUNG asked and was given permission to revise and extend his 
remarks.)
  Mr. YOUNG. Mr. Speaker, I thank my good friend for yielding. I am 
going to miss Mr. Bishop, his work, his being a gentleman and a good 
friend as the years have gone by. I have been through 3,452 Members of 
Congress, and he is one of the good ones.
  I thank Congressman Case and Senator Dan Sullivan for this 
legislation. I know there is some opposition to it, but in Alaska, NOAA 
plays a very important role. They do navigation, all types of flood 
control. I can name all the things they do. They monitor fish stocks.
  They manage the tsunami warnings. We have some really good 
earthquakes in Alaska and some pretty good waves. They give us a 
warning system that makes it work, and it works very well.
  They work on the Sea Grant program, provides highly qualified fellows 
who are very important. In fact, I think I have hired four in my career 
and they have worked in my office. They are outstanding young people.
  This is a piece of legislation that is bipartisan. It is badly 
needed. There will be some people who say we don't need it. And I will 
give NOAA notice right now that sometimes they better wake up. They use 
an excuse of the flu for not monitoring our fish stocks. In that case, 
then, they should have gone out and gotten private people to do it for 
them, because we need that constant flow of information to make sure we 
don't overfish or underfish the stocks.
  So, NOAA, wake up a little bit.
  Mr. CASE. Mr. Speaker, I deeply appreciate the support of my friend 
and colleague from Alaska, the dean of the House, on this bipartisan, 
bicameral measure.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BISHOP of Utah. Mr. Speaker, I yield 2 minutes to the gentleman 
from Mississippi (Mr. Palazzo).
  Mr. PALAZZO. Mr. Speaker, I thank the ranking member for yielding.
  I rise today in support of S. 2981, the National Oceanic and 
Atmospheric Administration Commissioned Officer Corps Amendments Act of 
2020. This bicameral and bipartisan legislation aims to improve the 
smallest uniform service in our country, the NOAA Commissioned Officer 
Corps.
  The men and women of the NOAA Corps operate a highly specialized 
fleet of scientific ships and aircraft, several of which are based in 
my district on the Mississippi Gulf Coast and along coastlines around 
the Nation. The research conducted on these scientific platforms helps 
to improve hurricane forecasts, manage healthy and sustainable 
fisheries such as red snapper, and ensure safe and efficient maritime 
commerce on America's waters.
  Members of the NOAA Corps are the ones who operate the 9 aircrafts 
and 15 vessels in NOAA's growing fleet. During a hurricane, they deploy 
on missions into the storm; and immediately after hurricanes, they 
deploy to assess damage and map out debris in the channels to open our 
ports back up as soon as possible.
  All these activities are essential to my district and many others, 
especially this year where we had back-to-back hurricanes in the Gulf 
impacting our maritime economy and ecosystems.

  NOAA Corps officers provide essential scientific and operational 
expertise needed for NOAA to meet its missions every day. Recognizing 
NOAA's 50th anniversary and their growing responsibilities, this 
legislation will help NOAA retain and recruit the most qualified 
officers and will offer these servicemembers the level of personal and 
professional support that they deserve.
  The 2020 hurricane season confirms that we need to make the right 
investments so the NOAA Corps can become even better at predicting 
storms, in turn, protecting life and property while helping conserve 
our fisheries that are vital to our national heritage.
  Mr. Speaker, I believe it is crucial that we reauthorize and support 
the NOAA Commissioned Officer Corps, and I urge my colleagues to vote 
in favor of it.
  Mr. CASE. Mr. Speaker, I express my appreciation to new colleague, 
Mr. Palazzo, for his support of this critical bill.
  Those of us that live in the oceans and on the coasts completely 
understand the value of NOAA, again, as a matter of life and death in 
many cases, and we understand that NOAA can only do its job with a 
motivated, high-expertise Corps.

[[Page H6121]]

  Mr. Speaker, I continue to reserve the balance of my time.
  Mr. BISHOP of Utah. Mr. Speaker, I am assuming I have the traditional 
15 minutes remaining?
  The SPEAKER pro tempore. The gentleman from Utah has 16\1/2\ minutes 
remaining.
  Mr. BISHOP of Utah. Mr. Speaker, I include in the Record two 
documents. The first document is the dissenting views that Republicans 
filed on this bill in the committee. The second is the summary of 
problems that the Department of Commerce Inspector General, the GAO and 
the NOAA itself have found with the corps, which included a conclusion 
that the corps does not meet the criteria for military benefits; 
converting officers to civilians would result in a net savings; that a 
NOAA Corps officer using a government computer onboard a NOAA ship was 
accessing child pornography; purposeful violations of the Clean Water 
Act by NOAA Corps-operated vessels; and a very damning observation that 
``insufficient oversight and circumvention of statutory requirements as 
institutionalized organizational behavior and culture'' within this 
NOAA Corps.

                       Dissenting Views H.R. 2406

       No doubt the members of the National Oceanic and 
     Atmospheric Administration Corps of Commissioned Officers 
     (NOAA Corps) are hardworking men and women who are honorably 
     serving our Nation, especially those who pilot into the 
     turbulent hearts of hurricanes. However, there is no 
     justification that this small, underutilized uniformed 
     service should continue to exist, much less be greatly 
     expanded with unprecedented benefits under this legislation.
       We are not the only ones who agree with this assessment. 
     The House of Representatives reported or passed (by voice 
     vote) multiple bills that eliminated the NOAA Corps; the 
     Administration itself attempted to shift the Corps into 
     civilian status; and none other than Vice President Al Gore 
     slated the NOAA Corps for elimination as part of his 
     reinventing government initiative. In part because of the 
     Corps' higher expenses for its military- and veterans-type 
     benefits, the Government Accountability Office (GAO) has 
     determined that the functions of the Corps could be 
     accomplished less expensively using civil servants or private 
     contractors. More seriously, GAO identified the Corps itself 
     as a major impediment to more efficiently and effectively 
     accomplishing its primary missions--to collect coastal and 
     geodetic data, conduct fishery surveys and produce nautical 
     charts--because of its continued insistence that it must use 
     its own ships to accomplish these goals and its reluctance to 
     schedule time on other, newer vessels like the University-
     National Oceanographic Laboratory System ships or the new 
     $127M National Science Foundation regional class research 
     vessel. Moreover, the Corps is greatly resistant to creating 
     private-sector jobs by utilizing equally qualified 
     contractors--like those hired by the Army Corps of Engineers, 
     the Navy and the Environmental Protection Agency--to command 
     and staff NOAA ships or conduct coastal surveys. In 1990, the 
     Department of Commerce Inspector General concluded that NOAA 
     Corps members assigned to shore-based duties were 59% more 
     costly than equivalent civilians. If H.R. 2406 is enacted, 
     that cost differential will be even higher.
       The Corps recognizes its life-line connection to the NOAA 
     fleet of civilian ships, which has fallen from 21 to 16 since 
     2008, noting that if NOAA does not invest in recapitalizing 
     its fleet there will be ``significant'' personnel impacts. 
     The most recent NOAA Fleet Plan (which conveniently omits any 
     costs) notes that half of NOAA's ships are due to be 
     mothballed by 2028. While the Plan calls for the replacement 
     of these ships, Congress has not supported greatly expanding 
     this expensive fleet, providing partial funding for 
     preliminary designs for only a single vessel to date since 
     2016. Instead, Congress has worked around the Corps, 
     supplying millions to NOAA line offices to conduct fisheries 
     surveys through vessel leases while admonishing NOAA for 
     endangering the lives of those aboard the NOAA vessel 
     Hi'ialakai which apparently suffered hull failure. In fact, 
     because of their age, many of the NOAA vessels spend 
     considerable time in dry dock (4 in the most recent NOAA 
     Fleet update) or are otherwise home in port. Perhaps this 
     explains why the most recent billet roster for the 321 NOAA 
     Corps officers show only 94 assigned to ships (including dry-
     docked ships), while the vast majority are deskbound 
     providing ``mission support'' or rotating short-term through 
     civil service positions (like ``cetacean photo specialist'') 
     in NOAA program offices. These latter positions could 
     otherwise be filled by less expensive civilians with 
     expertise in the subject matter area and with a longer-term 
     commitment to the program.
       These numbers illustrate why the average NOAA Corps officer 
     is more likely to face a paper cut than an IED, which begs 
     the question why multiple military and veterans benefits are 
     extended to the Corps under H.R. 2406. During the world wars 
     some NOAA personnel were temporarily assigned to the armed 
     services; this has not recurred, and according to GAO the 
     Department of Defense has no plans to commandeer NOAA Corps 
     officers. However, the modern Corps has used this potential 
     assignment authority as a justification for access to 
     military benefits, like burial at Arlington Cemetery or the 
     G.I. bill. We hope that the House Armed Services and the 
     Veterans Affairs Committees, which received referrals of this 
     legislation, will take a hard look whether these benefits 
     gratefully provided to those who have fought for our freedom 
     should be extended to persons who are not under the Code of 
     Military Justice, whose appointments are not reviewed and 
     approved by the Senate and who apparently aren't even subject 
     to a physical fitness requirement (see section 104 of the 
     bill). Again, we recognize the special case of the NOAA Corps 
     aviators, and would support their transfer to the Coast Guard 
     or another armed service so that legislation like this would 
     be unnecessary.
       Giving the sinking NOAA fleet, one of the most troubling 
     aspects of H.R. 2406 is the 55% increase in the size of the 
     Corps and the removal of the legal constraints on the number 
     of officers and certain flag officers. These numbers can be 
     increased even further because the legislation allows the 
     Corps to rehire retired officers or to designate officers 
     serving in ``positions of importance and responsibility'' who 
     don't count against these caps. In addition, the Corps can 
     have an unlimited number of paid officer candidates to 
     populate the Corps ranks. Under current law, the Corps is 
     restricted to 321 officers and this number can be raised to 
     379 only if appropriate funding is available and, most 
     importantly, the Secretary of Commerce has ``justified 
     organizational needs for the commission corps for each such 
     fiscal year''. Not only has the Corps failed to justify this 
     massive increase, but this legislation strikes these 
     requirements while inflating the Corps officers' count to an 
     all-time high of 500. The Corps already struggles with 
     funding its handsome benefits and generous retirements, as 
     witnessed by several budget bills to revamp their retirement 
     and benefit system (there are more retired Corps officers 
     than those currently serving, and because Corps officers can 
     retire with as little as 10 years of service, more will join 
     these ranks). Moreover, serious allegations of sexual assault 
     and harassment have also plagued the NOAA Corps, resulting in 
     a recently enacted sexual harassment law specifically 
     targeted to the Corps and Corps funding for sexual assault 
     prevention. The NOAA Corps should get its house in order 
     before recruiting three to six new platoons into its ranks.
       Apparently, even with these issues, the NOAA Corps has 
     apparently had no problem filling its current recruitment 
     quota if it needs such a large personnel increase. 
     Understandably so--it is a great gig with almost all the 
     benefits of a military career with few of the risks. Despite 
     this and with no justification, H.R. 2406 creates lavish and 
     expensive new perks and extends even more existing armed 
     forces benefits to current, future and retired Corps members:
       Paid three-year sabbatical with travel and transportation 
     allowances and continued medical and dental care;
       The ability to opt out of promotion boards. The Corps is 
     supposedly an up-or-out organization but based on a GAO 
     decision analysis, it appears that an officer who failed to 
     be promoted twice can be retained on staff until the officer 
     can qualify for early retirement;
       Every single benefit provided to retired or separated armed 
     services members, including employment preferences and 
     assistance, medical and dental care, and commissary and 
     exchange access;
       All benefits relating to armed services family programs, 
     including free admission to national parks;
       An elaborate student loan repayment program of up to $60K a 
     year (currently the limit for military doctors and other 
     armed forces health professionals) for as little as one year 
     in service;
       A student pre-commissioning program for tuition, fees, 
     education materials, monthly subsistence allowance, and a 
     clothing allowance, where repayment can be waived by the 
     Corps if the student fails to be commissioned and where any 
     obligation can be discharged in bankruptcy under certain 
     circumstances.
       Payment for advanced degrees (tuition, room and board) as 
     well as professional credentials for employment post-Corps;
       Eligibility for special payments (up to $60K), including 
     personal money allowances; Mandatory hiring preferences in 
     federal agencies;
       Certain senior officers allowed to retain their higher rank 
     and pay while not serving in those positions if approaching 
     retirement; and
       Repayment for failure to satisfy service requirements for 
     appointments, training and promotions is discretionary with 
     the Corps, and any obligation can be discharged in bankruptcy 
     under certain circumstances.
       Finally, we note that this legislation was not originated 
     or transmitted to Congress by NOAA and was reviewed by the 
     Office of Management and Budget only after the markup of the 
     bill. During the Obama Administration, the Senate Commerce, 
     Science and Transportation Committee contemplated slightly 
     less generous NOAA Corps bills in the past, albeit without 
     any hearings. Perhaps it is just a coincidence that a senior 
     NOAA Corps officer was recently detailed to the Democrat 
     Natural Resources Committee staff who was previously assigned 
     to the Senate Commerce Committee. Given the Committee 
     Democrats'

[[Page H6122]]

     focus on Trump Administration ethics, we hope that 
     appropriate measures have been put in place to prevent 
     conflicts of interest with this assignment.
                                  ____


                            NOAA Corp Issues

       In a 1999 Government Accountability Office (GAO) letter to 
     Chairman Ken Calvert, Subcommittee on Energy and Environment, 
     House Committee on Science, indicated that GAO has for years 
     ``urged NOAA to aggressively pursue more cost-effective 
     alternatives for acquiring needed marine data.''
       ``[NOAA] continues to rely heavily on its aging in-house 
     fleet of ships--many of which are costly and inefficient to 
     operate and maintain and lack the latest state-of-the-art 
     technology . . .'' and is ``reluctant to give serious 
     consideration to the many innovative and more modern ways 
     that private sector . . . could meet its basic marine data 
     needs.''
       In a 1996 program evaluation, the Department of Commerce 
     Inspector General recommended that NOAA terminate its fleet 
     modernization efforts, cease investing in its ships, and 
     immediately begin to decommission, sell, or transfer them; 
     and contract for the required ship services.''
       In a 1997 testimony from NOAA's Director of Information 
     Resources Management, the agency expressly stated that NOAA 
     Corps does not meet criteria for receiving military 
     compensation, converting officers to civilians would result 
     in annual net savings, and that entitlement to military rank 
     was an outgrowth of temporary assignments during the second 
     world war, but defense officials envision no role for them in 
     the future.
       In 1998, the DOC IG included NOAA's fleet as one of the top 
     10 most serious management challenges facing the Department 
     of Commerce.
       In 2017, GAO released a new report on NOAA Corp's functions 
     and again found that the Corp has not succeeded in expanding 
     private sector involvement in data collection--a 
     recommendation made by GAO as early as their 1999 report and 
     the IG's 1996 recommendations. The report also found NOAA was 
     significantly understating agency costs to conduct data 
     collection functions compared to the private sector.
       GAO's reviews of NOAA's cost comparison reports from '06-
     '16 found that NOAA had not reported significant costs such 
     as acquisition of a $24 million new vessel, nor did NOAA 
     factor in major vessel maintenance into their operational 
     cost estimates. Ultimately, NOAA Corp simply used costs to 
     measure a single square nautical mile surveyed to compare 
     costs, ignoring those above and other significant operational 
     costs.
       This review ultimately found that NOAA Corp did not develop 
     a strategy for expanding private sector, cost effective, data 
     collection as required by law.
       NOAA Corp also did not include administrative costs in 
     their comparisons because they ``do not have the software to 
     track contract administration costs.''
       Ultimately, NOAA determined that carrying out actions in 
     regard to the recommendations of this report would be 
     difficult because it would ``[require] the coordination of 
     multiple offices within NOAA . . .''
       In 2015, a NOAA Corp officer was found to have had website 
     traffic on a government computer aboard the NOAA ship Ron 
     Brown, which was linked to a ``notorious presence of child 
     pornographic images and is frequented by pedophiles.''
       In 2014, DOC OIG found the improper discharge of untreated 
     water from a NOAA Corp vessel was an apparent practice--a 
     violation of the Federal Water Pollution Control Act.
                                  ____


                            NOAA Corp Issues

       In 2008, a NOAA Corp employee was found to have used a 
     government purchase credit card to purchase $18,000 in 
     aftermarket parts to their motorcycle.
       In 2004, NOAA Corp was found to have consistently failed to 
     follow requirements for Senate confirmation of appointments 
     and promotions since at least 1986. Furthermore, it was found 
     that seventy-five percent of promotions were made without 
     first securing Senate confirmation. The report identified the 
     causes for this problem: insufficient oversight and 
     circumvention of statutory requirements as institutionalized 
     organizational behavior and culture.

  Mr. BISHOP of Utah. The NOAA Corps is a very small, underutilized but 
uniformed service group. It prevents questions with this type of group, 
with their history that they have, first of all: Why should they exist 
in the first place? But more significantly, why should they greatly 
expand and grant unprecedented benefits that this legislation gives to 
this group?
  Congress, the administration, and even Vice President Al Gore all 
slated this NOAA Corps for elimination. In part, it was because the 
corps' higher expenses because of their military-type benefits, even 
though they perform no military-type activities.
  The Government Accounting Office, GAO, determined that the functions 
of the corps could be less expensively given using civil servants or 
private collectors. More seriously, the GAO said that the corps itself 
is a major impediment to more efficiently and effectively accomplishing 
its missionary statement, which is to collect coastal data, to conduct 
fishing surveys, and to produce nautical charts.
  Now, why is this the case?
  Well, in one part because the corps insists that it must use their 
own ships, which are failing. They are resistant to ever contracting 
with qualified contractors like the Army Corps of Engineers does and 
the Navy does and even the EPA does. Even this bill recognizes that 
problem. If you go to look at section 501, it mandates that at least 
two private-sector charting and surveying contracts must be given. They 
recognize that what is happening right now is not effective, it is not 
efficient, and it is a failure.
  The fleet for this corps has gone from 21 down to 15 since 2008, and 
the GAO also noted that the NOAA fleet plan is to mothball half of 
their ships by 2028. Congress has only partially funded a single vessel 
since 2016, but the money that has been gone is still in the millions, 
and it goes to line officers, not for Naval vessels or for their 
leases.
  If one looks at the recent billet roster, you would find that the 
NOAA Corps has 94 of its 321 officers assigned to ships. Only 94. That 
includes the dry-docked ships. The vast majority of their officers are 
desk-bound, providing, as NOAA says, mission support like having a 
whale photographer.
  Now, giving the sinking number of the NOAA fleet, the increased cost 
of the NOAA officers, the most troubling aspect of this particular bill 
is a 55 percent increase in the size of the corps; not in the amount of 
work to be done, but in the size of the corps.
  The corps now is restricted to 321 officers. It can be raised to 379 
officers only if there is appropriate funding from Congress. Most 
importantly, the Secretary of Commerce will justify organizational 
needs for the commissioned corps for that particular year.
  Not only has the corps failed to justify an increase--this massive 
increase, but this legislation strikes those reasonable requirements of 
ever going forward in the future. And it does conduct and create an 
all-time high of 500 billet spots in there whether it is needed or not.
  It is no surprise that there are those in the administration that do 
not support this personnel increase.
  The NOAA Corps' roster illustrates why the average corps officer is 
far more likely to face a paper cut than any other kind of accident in 
their careers in this corps military function. Which means if that is 
the situation, if these are desk jobs in the first place, why are there 
multiple military and veteran benefits extended to the corps under this 
bill?
  During World War II, this corps was temporarily commandeered and put 
into the Navy service. Unfortunately, today, the Department of Defense 
has no plans whatsoever to commandeer any of the NOAA Corps or their 
officers. However, the corps still uses that history, that example 
during World War II when they were desperately needed and used to 
justify claiming military and veteran benefits that are normally given 
to our Armed Forces.
  I don't think there is anyone here that has any doubt or would have 
any kind of grave problem giving benefits to those who fought for our 
freedom, but the corps is not that type of a group. They do not fall 
under the Code of Military Justice. Their appointments are not reviewed 
and approved by the Senate. They aren't even subject to physical 
fitness requirements of the military.
  Moreover, and what is really problematic, is there have been serious 
allegations of sexual assault and harassment that have plagued this 
NOAA Corps, resulting recently in the enactment of a corps sexual 
harassment law and targeted funding for sexual assault prevention.
  Is this the kind of group, in all sincerity, that deserves mandatory 
Federal hiring preferences? That would require student loan repayment 
at the same rate as you would any military, like a military doctor? Is 
that the same requirement that would have a 3-year paid sabbatical or 
free graduate school for post-employment work or even pocket money for 
their admirals?

                              {time}  1845

  All of you, if you were serious about this, should sign up for these. 
The benefits are great, and all you have to do is photograph a couple 
of whales.
  This bill, finally, was not transmitted to Congress by the 
administration. No, no. Perhaps it is coincidental

[[Page H6123]]

that there are two NOAA Corps officers who have been detailed to our 
Natural Resources Committee staff, one of whom was previously assigned 
to the Senate Commerce Committee staff where this bill originated.
  Given that concept, given that connection, we need to have serious 
measures put into effect to maybe prevent these conflicts of interests 
in the future that have created this NOAA Corps dream bill where they 
get all the benefits but don't have the responsibilities and they don't 
do the same work.
  When I said we were dealing with kleinigkeiten today, this is the 
smallest of all the kleinigkeiten.
  This is not a good bill. This is not something that we should forward 
on. We do need to look seriously at this corps in the future.
  And this is not something that is new. There are those who have been 
working on this issue and dealing with this corps for the last 30 years 
and still have not come up with the proper solution to it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CASE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I certainly regret to hear the words from my friend, the 
ranking member's mouth on this bill, because in scattershotting 9 or 10 
cherry-picked arguments, he ignores the big picture.
  He ignores, again, the big picture that the NOAA Corps are doing 
serious work for our country, are commissioned officers, one of our 
seven commissioned officer corps, and are not recognized the same as 
the other six, to include the Public Health Service, which is a 
commissioned officer corps and is entitled to the same benefits as the 
Army, Navy, Marines, Air Force, and Coast Guard.
  I think, in all honesty--and I don't think he means to do this--he 
does a great disservice to the people who are serving in the NOAA Corps 
by some of his statements, because these people are trying to do their 
best for our country.
  I am not sure that the Member has ever spent time on a NOAA ship in 
the high seas as I have, but if you do that, you know that there is 
nothing really to distinguish them from any of their fellow officers in 
any of the other services.
  It would take a lot of time to go through each of my colleague's 9 or 
10 cherry-picked arguments. I want to make a couple of quick comments 
and then some big picture observations.
  First of all, if I am not mistaken, the GAO report that he refers to 
is dated 1996, a whole generation ago. That report itself was disputed 
by subsequent studies and, I submit, is really no longer relevant.
  He says, twice: Why should we greatly expand the unprecedented 
benefits that the NOAA Corps receives?
  There is a very simple answer to that: Because they don't get today 
what the other six do. All we are doing today in expanding is bringing 
them up to the same level as the other six corps.
  He says that the mission of NOAA is a minor mission, so why should we 
reward them--I suppose is what he is saying--with the same promotion 
benefits, the same educational benefits, the same retirement benefits, 
the same respect as the other six.
  I would say to him, first of all, because that mission is worthy of 
that treatment. And, number one, if he is referring to the GAO report 
from a generation ago, the NOAA Corps does so much more today.
  I think we would all agree that the mission that the NOAA Corps works 
on, which is the basic health and quality of our oceans, of our 
atmosphere, of our ability to predict the weather, of our ability to 
protect our shorelines, of our ability to protect and sustain our 
fisheries, is so much greater than it ever was.
  He complains that some of the members of the NOAA Corps spend time 
onshore. Is that any different from the Navy? I don't think the Navy 
has all of its officers out at sea all the time, and neither does the 
NOAA Corps. The Army doesn't have all of its officers overseas in 
battle zones.
  He says a number of times: This is a 55 percent increase in the size 
of the corps.
  Yes, it does authorize an increase in the size of the NOAA Corps from 
320 to a maximum of 500--by the way, the last authorization, as already 
noted, was almost 20 years ago--but that increase is subject to two 
conditions: First of all, it can only be increased on the certification 
of need by the Secretary of Commerce; and it is subject to 
congressional oversight, both general oversight authority and, most 
importantly, funding.
  So there are lots of steps between 320 and 500, but this gives them 
the authority to move if it is needed. Frankly, I believe that we 
should move it up, but that is up to us to decide with the Secretary of 
Commerce and with the Congress.
  He says: Well, we are not building any new NOAA ships.
  Well, I think we should build a lot more new NOAA ships. I believe 
that NOAA's mission is going to be--I think that when we look back on 
today 25 years from now at the size of this effort for our Federal 
Government, we are going to say to ourselves: That was so insufficient 
given the challenge that we faced.
  There is a dire need for additional NOAA-related research, NOAA-
related activities across this country, across this world. So the fact 
that we have not authorized and built a sufficient number of new NOAA 
ships for its mission is no reason to treat the NOAA Officer Corps 
differently from the other six services.
  My colleague rightly raises the issues NOAA has had of sexual assault 
within its ranks, as have other uniformed services, and, as he points 
out as well, this Congress responded with an act specific to the NOAA 
situation. This bill goes further and strengthens that act. So we are 
responding to the concern in Congress, as has NOAA itself.

  Finally, he seems to have some continuing issues with a staff member 
from NOAA assigned to the committee. It is not unusual, of course, for 
departments in the administration to second members for some work. We 
have had fellows do it all the time. But if that is an issue we have to 
look at, that is an issue we have to look at, but that is not an issue 
that should stand in the way of a constructive and fair adjustment of 
the benefits and position afforded to NOAA officers.
  I would conclude by going back to the fact that, if the gentleman's 
concerns are so widespread, if his concerns are so deep, then why do we 
have the principal military uniformed services associations of our 
country supporting this bill without qualification?
  I refer to the Military Officers Association of America. I also refer 
to The Military Coalition, 5.5 million members, consisting of--and I am 
not going to read all their names because I think it is about 30 here. 
I will just read maybe the first 10 or so--the Air Force Association, 
the Air Force Sergeants Association, the Army Aviation Association of 
America, the Association of Military Surgeons, the Association of the 
United States Navy, the Blinded Veterans Association, the Coast Guard, 
the Public Health Service, the Fleet Reserve Association, the Gold Star 
Wives of America, the Iraq Afghanistan Veterans Association.
  It is very clear that military officers and their community view 
their NOAA colleagues and the corps as being treated substantially 
unfairly in the big picture and want them to be afforded, again, the 
same benefits, the same respect that is due the other six services. 
That is why, Mr. Speaker, we have a situation where the Senate passed 
this bill, a Republican Senator's bill, by unanimous consent. That is 
why this House should pass this bill, as well, and send it to the 
President.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, once again I appreciate the comments that are made in 
defense of this organization, but as I said before, this is a 30-year-
old problem.
  Unfortunately, NOAA Corps is not part of the military. They don't do 
military-type functions. The National Health Services, the other 
uniformed corps, they don't get these same kind of benefit.
  The gentleman is right; there is a provision, and there has been, on 
the ability of expanding this corps if there were appropriations for it 
and if the Secretary of Commerce would justify it. The problem is this 
bill removes

[[Page H6124]]

that. So it will now be up to the corps to decide what their size is 
and what their justification is.
  It is the wrong thing to do. This is the wrong approach. This is not 
the right way of doing it. And I am sorry, the studies have shown that 
repeatedly over and over and over again.
  If, indeed, there are some people who want to do this, it is wrong. 
It is simply wrong. This is not a military. To insist that they get 
military benefits is an abuse of the system. It doesn't happen anywhere 
else. It is only with this. So I am sorry.
  With that, Mr. Speaker, I don't have to play this game of reserving. 
I would be happy to, but I think we are the only ones left on this 
topic on the floor. No one else actually cares.
  So, if the gentleman is ready, I will yield back, urging a ``no'' 
vote on this particular bill because it is the wrong thing to do and it 
is not--not--justified.
  Mr. Speaker, I yield back the balance of my time.
  Mr. CASE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I thank my colleague, the ranking member, for his 
passion on this matter.
  I think he is wrong, and I think the entire Senate thinks he is 
wrong, and I think the majority of this House thinks he is wrong. He 
is, of course, entitled to his opinion, but I think that the statement 
that this bill is wrong is not borne out by the facts; it is not borne 
out by the sentiment, again, of the broader community.
  If there is a problem with NOAA or any other commissioned officer 
corps, the way to solve that problem is not to kill the corps itself. 
The way to solve that problem is not to deprive it of the resources 
that it needs to fix its problem and to continue its mission.
  For me to accept the ranking member's argument would be for me to 
accept that, in fact, NOAA itself is not relevant, and I don't believe 
that. I believe NOAA is entirely relevant, and it needs to be staffed 
by people who are incentivized to be recruited, who are incentivized to 
stay and to want to do their job, and who are recognized as such.
  This is not about the military, per se. I would disagree with his 
characterization that the NOAA Corps does not perform a military 
function. It is certainly quasi-military in many ways, but that is not 
what this is about. This is about fairly recognizing one of our seven 
commissioned officer corps organizations in our country.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Hawaii (Mr. Case) that the House suspend the rules and 
pass the bill, S. 2981.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BISHOP of Utah. Mr. Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3 of House Resolution 
965, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
will be postponed.

                          ____________________