[Senate Report 114-384]
[From the U.S. Government Publishing Office]
Calendar No. 688
114th Congress } { Report
SENATE
2d Session } { 114-384
_______________________________________________________________________
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION SEXUAL HARASSMENT AND
ASSAULT PREVENTION ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2206
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
November 28, 2016.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
69-010 WASHINGTON : 2016
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fourteenth congress
second session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
MARCO RUBIO, Florida CLAIRE McCASKILL, Missouri
KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas ED MARKEY, Massachusetts
DAN SULLIVAN, Alaska CORY BOOKER, New Jersey
RON JOHNSON, Wisconsin TOM UDALL, New Mexico
DEAN HELLER, Nevada JOE MANCHIN, West Virginia
CORY GARDNER, Colorado GARY PETERS, Michigan
STEVE DAINES, Montana
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Rebecca Seidel, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Clint Odom, Democratic General Counsel
Calendar No. 688
114th Congress } { Report
SENATE
2d Session } { 114-384
======================================================================
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION SEXUAL HARASSMENT AND
ASSAULT PREVENTION ACT
_______
November 28, 2016.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 2206]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2206) to reduce the incidence
of sexual harassment and assault at the National Oceanic and
Atmospheric Administration, to reauthorize the National Oceanic
and Atmospheric Administration Commissioned Officer Corps Act
of 2002, and to reauthorize the Hydrographic Services
Improvement Act of 1998, and for other purposes, having
considered the same, reports favorably thereon with an
amendment (in the nature of a substitute) and recommends that
the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 2206, the National Oceanic and
Atmospheric Administration Sexual Harassment and Assault
Prevention Act, is to reduce the incidence of sexual harassment
and assault at the National Oceanic and Atmospheric
Administration (NOAA), to reauthorize the National Oceanic and
Atmospheric Administration Commissioned Officer Corps Act of
2002 (33 U.S.C. 3001 et seq.), to reauthorize the Hydrographic
Services Improvements Act of 1998 (33 U.S.C. 892 et seq.), and
to make a number of improvements, clarifications, and
refinements to the statutory authorities of NOAA.
Background and Needs
SEXUAL HARASSMENT AND ASSAULT PREVENTION
In November 2014, the Committee received whistleblower
allegations of sexual harassment and assault involving
individuals conducting work on behalf of NOAA. Upon further
investigation of NOAA's practices and policies, it became
apparent that NOAA lacked the necessary framework to
effectively address these concerns. The unique makeup of
individuals working on the NOAA assets (officers, wage
mariners, volunteers, scientists, interns, etc.) and the
difficulty that individuals deployed on ships and aircraft face
in accessing the conventional support structure, warrant
uniform and clear procedures to respond to, and protect
individuals from, sexual harassment and assault.
The NOAA Civil Rights Office provides integration and
execution of NOAA's Equal Employment Opportunity (EEO)\1\
functions. Within the EEO program, victims of discrimination
and/or harassment may file a formal complaint with an EEO
counselor. The EEO counselor is not an advocate for either the
aggrieved person or NOAA but acts strictly as a neutral party
in the EEO process. The NOAA Civil Rights Office and EEO
counselors deal with civil rights, diversity, and equal
employment matters. Many of these issues is unrelated to sexual
harassment, and none are likely related to the crime of sexual
assault.
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\1\NOAA, Office of the Chief Administrative Office, Civil Rights
Office: http://www.eeo.noaa.gov/.
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The current structure that funnels sexual harassment issues
through the EEO process leaves many gaps. For example, all of
the EEO counselors are co-located on the East Coast,\2\
creating challenges for personnel in Hawaii or Alaska, common
locations for NOAA vessels. Further, the current operating
structure does not provide for advocacy and/or support to the
victims. In fact, upon an initial web-based inquiry into NOAA's
policy, the relevant website was found to be ``under
construction'' with no content or information to assist someone
in need. After this concern was raised with NOAA, an individual
is now directed to the Department of Commerce and that
department's Administrative Order that provides guidance for
managers and supervisors in taking action on allegations of
harassment. This information still leaves gaps for a victim
looking for support, information, or next steps. In addition,
NOAA lacks a specific policy that addresses sexual assault. The
gaps in support for an individual dealing with this situation
and the lack of specific procedures make it a priority for
Congress to require NOAA to establish uniform and clear
procedures to prevent and respond to sexual harassment and
assault.
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\2\NOAA, Civil Rights Office Diversity Program Managers: http://
www.eeo.noaa.gov/eeo-managers-and-counselors.html.
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NOAA COMMISSIONED OFFICER CORPS
The NOAA Commissioned Officer Corps (NOAA Corps) is one of
the seven uniformed services of the United States.\3\ The 321
officers of the NOAA Corps make up only about 3 percent of
NOAA's personnel, but as the operators of NOAA's ship and
aircraft fleet, they are critical to NOAA's mission. Their
combination of scientific and operational expertise, coupled
with a high degree of flexibility and deployability, allow them
to serve throughout NOAA's line and staff offices and support
nearly all of NOAA's programs and missions.
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\3\The United States has seven uniformed services, of which five
are `armed services' (Army, Navy, Air Force, Marines and the Coast
Guard) and two which are not armed (the US Public Health Service and
the NOAA Corps).
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Like other uniformed services, NOAA Corps officers often
spend much of their careers away from family and friends,
operating NOAA ships and aircraft that are frequently deployed
up to nine months a year. NOAA Corps officers also regularly
work with other uniformed services, commanding Navy underwater
unmanned vehicle platoons, training with Navy scientific
aircraft squadrons, and deploying on U.S. Coast Guard (USCG)
cutters. The NOAA Corps and the USCG now have joint Officer
Candidate School classes.
HYDROGRAPHIC SERVICES
The National Ocean Service (NOS) is one of six line offices
within NOAA. There are multiple programs within NOS, but the
main areas of focus are: navigation; observations and
positioning; coastal science and assessment; and ocean and
coastal management services. The navigation, observations, and
positioning sector of NOS is tasked with geodetic and
hydrographic surveys, shoreline mapping, and building and
maintaining the Nation's nautical charts. The hydrographic
survey data are used to support a variety of maritime
functions, including safe navigation, port and harbor
maintenance, coastal engineering, offshore resource
development, managing sensitive marine habitats, selecting
alternative energy sites, identifying geological hazards, and
supporting inundation studies to understand the risks of
coastal erosion, hurricanes, and tsunamis.
Some of the hydrographic survey data collection is done by
the hydrographic survey vessels within NOAA's fleet. However,
NOS also procures and oversees hydrographic surveying and
related support services from the private sector.
Congress enacted the Hydrographic Services Improvement Act
of 1998 to establish a framework for NOAA to implement new
state-of-the-art technologies to modernize the United States'
hydrographic services program. The law also encouraged NOAA to
use outside contractors for certain hydrographic services. The
law has been amended twice. In the most recent amendment,\4\
the program was reauthorized and deadlines were set for NOAA to
establish a quality assurance program for privately produced
hydrographic products. NOAA now produces NOS Hydrographic
Surveys Specifications and Deliverables that detail the
requirements for hydrographic surveys undertaken either by NOAA
field units or by organizations under contract to the Director,
Office of Coast Survey.\5\ In addition, Senators Thune and
Sullivan have submitted a request to the Government
Accountability Office to conduct a study comparing the unit
costs of survey data collected by NOAA and the unit costs of
procuring such data in the private sector. The study will also
examine the establishment of a plan to increase private sector
involvement and the quality assurance program to oversee these
acquisitions.
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\4\P.L. 107-372.
\5\NOS Hydrographic Surveys Specifications and Deliverables. May
2015. http://www.nauticalcharts.noaa.gov/hsd/specs/Specs_2015.pdf.
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Based on the continuous pressure of hydrographic survey
needs, particularly in the Arctic, there is concern with NOAA's
ability to meet current, let alone, increasing demands.
Summary of Provisions
S. 2206, the National Oceanic and Atmospheric
Administration Sexual Harassment and Assault Prevention Act,
would address prevention and response to sexual assault and
harassment within NOAA. This bill extends protection to all
employees of NOAA and those individuals who work with, or
conduct business on behalf of, NOAA. The proposed changes
largely track what the Department of Defense (DOD) and the
Department of Homeland Security have done, with modifications
to adjust for the size of NOAA and differences in enforcement
(i.e., DOD is subject to the Uniform Code of Military Justice,
while civilians, including the NOAA Corps, are not).
This bill would require the following:
The establishment of a policy to address sexual
harassment, and direct the Secretary of Commerce,
acting through the Under Secretary for Oceans and
Atmosphere, to place EEO personnel in all regions of
operation to include the marine and aviation centers.
Additionally, the Director of the Civil Rights Office
would be required to submit quarterly reports to the
Under Secretary that describe the number of harassment
cases and any trends or region-specific issues.
The Secretary of Commerce, acting through the Under
Secretary for Oceans and Atmosphere, to establish a
policy to address sexual assault, modeled after the
Sexual Assault Response and Prevention Program created
by the USCG. The policy would require the establishment
of:
A victim advocate program.
A 24-hour hotline for reporting.
A list of support resources an individual
may use in the occurrence of sexual assault.
A prohibition and consequences for
retaliatory actions against someone who reports
a sexual assault.
Clear rights of the victim to be protected
from the accused.
A process for a request of unit transfer
for a victim of sexual assault.
An annual report from NOAA on the number of sexual
assaults; a synopsis of each case and any disciplinary
actions; and the policies, procedures, and processes
implemented.
Many provisions from previously Senate-passed NOAA Corps
reauthorizations are also included in S. 2206, such as those
that would do the following:
Give the NOAA Corps new tools to improve recruiting
and retention to improve diversity in the NOAA Corps
and allow for retention of highly-skilled NOAA Corps
officers, especially female officers, including:
A pre-commissioning educational assistance
program for students who agree to serve in the
NOAA Corps (similar to a USCG pre-commissioning
program).
Authority for an education loan repayment
program for students with critical skills.
An education loan interest repayment
program for officers in the first three years
of active duty.
Authorization for a ``sabbatical'' program
modeled on a successful USCG program to allow
officers to leave the service (and receive no
pay or benefits) for a few years for personal
reasons, such as starting a family.
More closely align the NOAA Corps with other
uniformed services, improving the ability to both
support NOAA missions and be a useful national asset,
including the following:
Creation of a new ``Officer Candidate''
rank for officers entering duty for a period of
initial training.
A requirement for officers to meet USCG
physical fitness standards.
The authority to require a period of
obligated service after initial training.
Legislative History
S. 2206 was introduced by Senator Sullivan on October 26,
2015, with Senators Cantwell, Grassley, Nelson, Schatz, and
Thune as cosponsors. Senators Ayotte, Murkowski, and Wicker
have also been added as cosponsors. On November 18, 2015, the
Committee met in open Executive Session and, by a voice vote,
ordered S. 2206 to be reported favorably with an amendment in
the nature of a substitute. Changes made in the substitute
amendment incorporated technical feedback received from
victims' advocacy organizations.
Bills reauthorizing the NOAA Corps and aligning both the
officers' obligations and benefits with officers in other
uniformed services have been passed by the Senate in both the
112th and 113th Congresses. Specifically, the NOAA Corps
Amendments Act of 2012 passed the Senate by unanimous consent
in the 112th Congress (S. 2388) and the NOAA Corps Amendments
Act of 2013 (S. 1068) passed the Senate by unanimous consent in
the 113th Congress.
The Hydrographic Services Improvement Act of 2015 (H.R.
2743) was introduced in the House of Representatives on June
11, 2015, and was referred to the Subcommittee on Water, Power
and Oceans of the Committee on Natural Resources of the House
of Representatives.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 2206--National Oceanic and Atmospheric Administration Sexual
Harassment and Assault Prevention Act
Summary: S. 2206 would authorize the appropriation of $183
million a year through 2020 for the National Oceanic and
Atmospheric Administration (NOAA) to conduct certain
hydrographic activities (the measurement and description of
features that affect maritime navigation). The bill also would
require NOAA to take actions aimed at reducing sexual
harassment within the agency. Finally, the bill would modify
personnel policies for the agency's commissioned officer corps.
Based on information provided by NOAA and assuming
appropriation of the authorized and necessary amounts, CBO
estimates that implementing S. 2206 would cost $728 million
over the 2017-2021 period and $32 million after 2021.
Because enacting the legislation would affect direct
spending and revenues, pay-as-you-go procedures apply, however,
CBO estimates that any such effects would be insignificant. CBO
estimates that enacting the legislation would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
The bill would impose intergovernmental and private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
CBO estimates that the aggregate cost of complying with the
mandates would fall below the annual thresholds established in
UMRA for intergovernmental and private-sector mandates ($77
million and $154 million in 2016, respectively, adjusted
annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 2206 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------
2017 2018 2019 2020 2021 2017-2021
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INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Hydrographic Activities:
Authorization Level...................................... 183 183 183 183 0 732
Estimated Outlays........................................ 119 156 178 183 64 700
Personnel Policies:
Estimated Authorization Level............................ 6 6 6 6 6 30
Estimated Outlays........................................ 4 6 6 6 6 28
Total Increases:
Authorization Level.................................. 189 189 189 189 6 762
Estimated Outlays.................................... 123 162 184 189 70 728
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted in 2016 and that the authorized and
necessary amounts will be appropriated for each fiscal year.
Spending subject to appropriation
CBO estimates that implementing S. 2206 would cost $728
million over the 2017-2021 period, assuming appropriation of
the authorized and necessary amounts, mostly for hydrographic
activities authorized under the bill.
Hydrographic Activities. Title III would authorize the
appropriation of $183 million a year over the 2017-2021 period
to carry out hydrographic activities, including nautical
mapping and charting, collecting hydrographic data, maintaining
a geodetic reference system, and measuring tides and currents.
In 2015, NOAA allocated $183 million to carry out similar
activities. Assuming appropriation of the authorized amounts,
CBO estimates that implementing title III would cost $700
million over the 2017-2021 period.
Personnel Policies. Implementing the personnel policies in
the bill would increase discretionary costs by a little less
than $30 million over the 2017-2021 period, CBO estimates.
Sexual Harassment Policy. Title I would require NOAA to
develop a policy to prevent and respond to sexual harassment
within the agency, and would require NOAA to designate people
in 11 locations throughout the country to handle matters
related to equal employment opportunities and sexual
harassment. The bill also would require the agency to place
victims' advocates at each of those locations. CBO expects that
the agency would fill up to 44 positions through a combination
of training existing staff and hiring new employees. Based on
information from NOAA about the level of expertise required and
incorporating the related overhead costs, CBO estimates that
each new hire for this work would cost about $160,000 a year.
Finally, the bill would require NOAA to staff a 24-hour hotline
for victims of sexual assault, which CBO expects would require
eight new employees. Based on information provided by NOAA
regarding salary and training costs, CBO estimates that
implementing title I would cost about $25 million over the
2017-2021 period.
Recruiting. Title II would authorize NOAA to spend
appropriated funds to recruit members for the commissioned
officer corps. On average, the corps admits about 30 new
members each year. Based on the cost of recruiting for the
other uniformed services, CBO estimates that implementing this
provision would cost less than $500,000 a year.
Title II also would authorize NOAA to pay certain expenses
related to higher education for people serving in the
commissioned officer corps or those who commit to serve in the
corps after completing a college degree. Based on information
provided by the agency about the number of officers who would
receive such assistance, CBO estimates that implementing this
provision would cost less than $200,000 a year.
Direct spending and revenues
Title II would establish service requirements for people
enlisting in NOAA's commissioned officer corps. Under the bill,
any officer who fails to meet those requirements would be
obligated to repay NOAA an amount equal to the costs incurred
to train that officer. Based on information provided by NOAA
regarding the cost of such training, CBO estimates that the
total amount of payments to NOAA from officers who fail to meet
their service obligations would be insignificant (such payments
would be offsetting receipts, which are credits against direct
spending).
Title II also would make it illegal for anyone to wear the
uniform of NOAA's commissioned officer corps without proper
authorization. Violators would be subject to criminal
penalties, which are treated as revenues; however, CBO
estimates that any amounts collected would be insignificant.
Furthermore, those revenues would be available to be spent
under current law so that the net effect on the deficit would
be negligible.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget reporting and enforcement
procedures for legislation affecting direct spending or
revenues. CBO estimates that enacting S. 2206 would increase
revenues by an insignificant amount and would have an
insignificant effect on direct spending.
Increase in long-term direct spending and deficits: CBO
estimates that enacting S. 2206 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
Intergovernmental and private-sector impact: The bill would
impose intergovernmental and private-sector mandates as defined
in UMRA, but CBO estimates that the aggregate cost of complying
with the mandates would fall below the annual thresholds
established in UMRA ($77 million and $154 million in 2016,
respectively, adjusted annually for inflation).
Mandates that apply to public and private entities
The bill could increase the costs of complying with
existing mandates by making personnel in the NOAA commissioned
officer corps eligible for protections under the Uniformed
Services Employment and Reemployment Rights Act (USERRA).
Protections under that act require public and private employers
to grant various allowances to members of the uniformed
services. Because the increase in the number of servicemembers
covered by USERRA would be so small (fewer than 400), CBO
expects that the incremental cost of compliance also would be
small.
Mandates that apply to public entities only
The bill would exempt NOAA officers from an obligation to
serve on juries if the service unreasonably conflicts with
official duties or would adversely affect the readiness of a
unit, command, or activity. By expanding this exemption to NOAA
officers, the bill would preempt some state and local laws
governing jury duty; however, that preemption would impose no
duty on state or local governments that would result in
additional spending or a loss of revenues.
Mandates that apply to private entities only
The bill would prohibit individuals from wearing the
uniform of the NOAA commission officer corps without
authorization. CBO expects that the prohibition would affect
few individuals. Consequently, the cost of the mandate would be
minimal.
Estimate prepared by: Federal costs: Jeff LaFave; Impact on
state, local, and tribal governments: Jon Sperl; Impact on the
private sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
The reported bill would require the Secretary of Commerce,
acting through the Under Secretary for Oceans and Atmosphere,
to develop policies on the prevention of and response to sexual
harassment and assault. These policies would be applicable to
employees of NOAA, members of the NOAA Corps, and individuals
who work with or conduct business on behalf of NOAA. In
addition, the reported bill would require that contracts into
which the Under Secretary enters for the use of a vessel by
NOAA include, as a condition of the contract, a provision that
subjects the crew of such vessel to the sexual harassment and
assault prevention policies developed by NOAA.
The reported bill also would require the Secretary of
Commerce, acting through the Under Secretary for Oceans and
Atmosphere, to develop and implement a charter vessel safety
policy applicable to the acquisition by NOAA of charter vessel
services.
economic impact
S. 2206 would reauthorize the Hydrographic Services
Improvement Act of 1998 and authorize appropriations of $183
million for the program for each of the fiscal years 2016
through 2020. These appropriations would be used for the
functions of nautical mapping and charting, contracting for
hydrographic surveys, operating hydrographic survey vessels,
and conducting geodetic, tide, and current measurements, all of
which may aid commerce and support economic activity. The
components of this legislation are not expected to have any
significant adverse impacts on the Nation's economy.
privacy
S. 2206 would not impact the personal privacy of
individuals.
paperwork
The reported bill would not increase paperwork requirements
for the private sector. The bill would require a number of
reports and policies from the Federal Government. No later than
one year after the date of enactment, it would require the
Secretary of Commerce, acting through the Under Secretary for
Oceans and Atmosphere, to develop a policy on the prevention of
and response to sexual harassment. Additionally, no later than
one year after the date of enactment, the Secretary of
Commerce, acting through the Under Secretary for Oceans and
Atmosphere, should develop a policy on the prevention of and
response to sexual assault. No later than January 15th of each
year, the Secretary of Commerce would submit a report to
Congress on the sexual assaults involving employees of NOAA,
members of the NOAA Corps, and individuals who work with or
conduct business on behalf of NOAA, with respect to the
previous calendar year. The bill would require, not later than
one year after the date of enactment, the development and
implementation of a charter vessel safety policy applicable to
the acquisition of charter vessel services by NOAA.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would designate the short title of this bill
as the ``National Oceanic and Atmospheric Administration Sexual
Harassment and Assault Prevention Act.''
TITLE I--SEXUAL HARASSMENT AND ASSAULT PREVENTION
Section 101. Actions to address sexual harassment at National Oceanic
and Atmospheric Administration.
This section would require the Secretary of Commerce,
within one year of enactment, to develop a policy on the
prevention of and response to sexual harassment involving NOAA
employees, NOAA Corps members, and all individuals who work
with, or conduct business on behalf of, NOAA (wage mariners,
scientists, students, interns, volunteers, etc.). The policy
should include clear procedures an individual should follow, a
program to promote awareness, a process for after-hours
reporting, and ensure that EEO personnel are distributed in
each region of operations and at the marine and aviation
centers. In developing the policy, consultation and assistance
may be received from such State, local, and national
organization and subject matter experts as the Secretary
considers appropriate.
Not less frequently than four times each year, the Director
of the Civil Rights Office of NOAA would be required to submit
to the Under Secretary a report on sexual harassment in NOAA.
Section 102. Actions to address sexual assault at National Oceanic and
Atmospheric Administration.
This section would require the Secretary of Commerce,
within one year of enactment, to develop a comprehensive policy
on the prevention of and response to sexual assault involving
NOAA employees, NOAA Corps members, and all individuals who
work with or conduct business on behalf of NOAA (wage mariners,
scientists, students, interns, volunteers, etc.). In developing
the policy, consultation and assistance may be received from
such State, local, and national organization and subject matter
experts as the Secretary considers appropriate.
The Secretary of Commerce would be required to establish
victim advocates trained in matters relating to sexual assault
who would act on behalf of the victim, helping to navigate the
investigative, medical, and recovery processes. A victim
advocate would be located in each region NOAA conducts
operations and at each marine and aviation center, and NOAA
would be required to create a process for 24-hour reporting.
These requirements would be closely aligned with the DOD
policy and procedure on prevention and response to sexual
assault within the armed forces.
Section 103. Rights of the victim of sexual assault.
This section would provide the victim of a sexual assault
the right to be reasonably protected from the accused.
Section 104. Change of station.
This section would require timely consideration of a unit
transfer or work location change to accommodate the victim of a
sexual assault. The Secretary of Commerce also would need to
develop a policy for the unit transfer or work location change
of the alleged perpetrator in lieu of the victim. This policy
would include due process for the victim and alleged
perpetrator. When practicable, the Secretary of Commerce would
be required to establish regulations consistent with similar
regulations promulgated by the Secretary of Defense.
Section 105. Applicability of policies to crews of vessels secured by
National Oceanic and Atmospheric Administration under contract.
The section would require any contract into which NOAA
enters for use of a vessel (ship, small boat, aircraft) to
include a clause requiring that personnel attached to the
vessel be subject to the policies developed under sections
101(a) and 102(a).
Section 106. Annual report on sexual assault in the National Oceanic
and Atmospheric Administration.
The Secretary of Commerce would be required to submit a
report to Congress, no later than January 15th of each year,
which includes the number of sexual assaults, a synopsis of
each case, and the disciplinary actions taken.
Section 107. Definition.
The term ``sexual assault'' would have the definition in
section 40002(a) of the Violence Against Women Act of 1994 (42
U.S.C. 13925(a)).
TITLE II--COMMISSIONED OFFICER CORPS OF THE NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION
Section 201. References to the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002.
References for amendments or repeal would be considered to
be made to a section or other provision of the National Oceanic
and Atmospheric Administration Commissioned Officer Corps Act
of 2002 (Act of 2002; 33 U.S.C. 3001 et seq.).
subtitle a--general provisions
Section 211. Strength and distribution in grade.
This section would amend section 214 of the Act of 2002 (33
U.S.C. 3004) to establish the commissioned grades for officers
in the NOAA Corps, and authorize the Secretary of Commerce to
determine the proportion of officers assigned to each rank. The
amendment made by this section would require the Secretary of
Commerce to annually determine the number of officers
authorized for service in each grade, but would protect
officers from demotion, pay cuts, or separation from the
service as a result of the Secretary of Commerce's
determination.
Section 212. Recalled officers.
Occasionally, the NOAA Corps needs to recall officers from
retired status for temporary duty such as for disaster response
(e.g., Hurricane Katrina, Deepwater Horizon) or to serve on
personnel boards. It cannot do so if it is at authorized
strength, reducing its ability to have a ``surge'' capacity.
This section would amend section 215 of the Act of 2002 (33
U.S.C. 3005) to require that, in determining the number of
officers in each grade, officers serving in positions of
importance and responsibility (33 U.S.C. 3028) and officers
recalled from retirement for temporary duty (for example,
during a disaster response) would not be counted in, or
against, the total number of authorized officers in the NOAA
Corps.
Section 213. Obligated service requirement.
The NOAA Corps currently does not have any legislatively
conferred authority to bind officers to service by contract or
obligation. Theoretically, an officer could receive training
(costing up to $100,000, depending on type of training) and
resign from the NOAA Corps shortly thereafter. The armed
services require an obligated service for appointment,
training, promotion, etc. of officers to ensure they receive an
adequate return on investment in these categories.
This section would amend the Act of 2002 to authorize the
Secretary of Commerce to bind NOAA Corps officers to an
obligation of service. It would also authorize the Secretary of
Commerce to seek reimbursement from officers who do not meet
their obligated service requirements, and would characterize
that as a debt owed to the United States. The amendment made by
this section would allow the Secretary of Commerce to waive an
obligation of service requirement for an officer that is not
qualified for service.
Section 214. Training and physical fitness.
This section would amend the Act of 2002 to authorize the
Secretary of Commerce to carry out training programs and to
require officers to maintain a state of physical fitness
substantially equivalent to that required for officers in the
USCG.
Section 215. Recruiting materials.
This section would amend the Act of 2002 to authorize the
Secretary of Commerce the use of products created as recruiting
and advertising materials (such as videos or pamphlets).
Section 216. Charter vessel safety policy.
This section would require the Secretary of Commerce to
develop and implement a charter vessel safety policy within one
year of the date of enactment. The policy would need to address
vessel safety, operational safety, and basic personnel safety
requirements applicable to the vessel size, type, and intended
use. The policy would not exceed the vessel safety requirements
promulgated by the USCG.
Section 217. Technical correction.
This section would amend section 101(21)(C) of title 38,
United States Code, to correct a definition of active-duty NOAA
Corps officers.
subtitle b--parity and recruitment
Section 221. Education loans.
The NOAA Corps does not have the same educational loan
repayment recruiting incentives as the other uniformed
services. This is particularly an issue when trying to increase
NOAA Corps diversity; many other organizations use these types
of incentives to recruit minority students with science and
engineering backgrounds.
This section would amend the Act of 2002 to authorize the
Secretary of Commerce to create an educational loan repayment
program for certain qualified NOAA Corps officers.
Section 222. Interest payments.
This section would amend the Act of 2002 to authorize the
Secretary of Commerce to create an interest payment program for
student loans of certain active-duty NOAA Corps officers.
Section 223. Student pre-commissioning program.
This section would amend the Act of 2002 to authorize the
Secretary of Commerce to provide financial assistance to
support tuition and other education-related costs of a
currently-enrolled student if the student agrees to serve for a
certain number of years as a NOAA Corps officer upon completion
of his or her educational program.
Section 224. Limitation on educational assistance.
This section would limit the total amount expended by the
Secretary of Commerce for educational assistance programs under
sections 267, 268, and 269 of the Act of 2002, as added by this
Act, for NOAA Corps officers to the amount saved by the
creation of the Officer Candidate rank under 203(f)(1) of title
37, United States Code.
Section 225. 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.
This section would amend section 261 of the Act of 2002 (33
U.S.C. 3071) to extend the following additional authorities
under title 10, United States Code, to the NOAA Corps:
prohibition on unauthorized wearing of a uniform; rules
regarding wearing religious apparel in uniform; exemption for
serving on certain juries; administration of the oath; benefits
and services for separated members; family programs; notary
service; and educational assistance.
It would also allow the Secretary of Commerce to accept
certain voluntary services, such as the implementation of an
Ombudsman program. Ombudsman programs are intended to improve
communication between the command and the family members of
service members within the command.
Section 226. Applicability of certain provisions of title 37, United
States Code.
This section would amend the Act of 2002 to extend the
following additional authorities under title 37, United States
Code, to the NOAA Corps: accession bonuses for officers with
critical skills; housing allowances while on field or sea duty
and housing allowances for dependents of deceased members;
personal spending allowances; recruiting expenses; and funeral
honors duty allowances.
Section 227. Legion of merit award.
This section would amend section 1121 of title 10, United
States Code, to allow the officers of the NOAA Corps to receive
the Legion of Merit Award.
Section 228. Prohibition of retaliatory personnel actions.
This section would amend section 261 of the Act of 2002 (33
U.S.C. 3071) so that section 1034 of title 10, United States
Code, relating to protected communications and prohibition of
retaliatory personnel actions also applies to NOAA Corps
officers.
Section 229. Penalties for wearing uniform without authority.
This section would amend section 702 of title 18, United
States Code, to include NOAA Corps officers in a provision that
makes it criminal to wear a uniform without authority.
Section 230. Application of certain provisions of competitive service
law.
This section would amend section 3304(f) of title 5, United
States Code, to allow former NOAA Corps officers to be eligible
for consideration to competitive service positions.
Section 231. Employment and reemployment rights.
This section would amend section 4303(16) of title 38,
United States Code, to extend the definition of uniformed
services to include NOAA Corps officers for the purposes of
employment and reemployment rights granted by chapter 43 of
title 38, United States Code.
Section 232. Treatment of commission in commissioned officer corps for
purposes of certain hiring decisions.
This section would amend the Act of 2002 to define that an
officer who has served in the commissioned officer corps for at
least three years be deemed in a career or career-conditional
position. An officer will therefore be qualified to apply for
positions limited to individuals currently employed within
NOAA.
Section 233. Direct hire authority.
This section would allow for the direct hire of a NOAA
Corps officer, up to five years after leaving the service, into
the Federal workforce. To be considered, the officer would have
had to meet the service obligation defined in section 216 of
the Act of 2002 and have been discharged under conditions other
than from disciplinary action.
subtitle c--appointments and promotion of officers
Section 241. Appointments.
The NOAA Corps would like to implement a new retention tool
to allow officers to temporarily separate and pursue personal
goals (like starting a family) or other opportunities outside
the service, while providing a mechanism for their return to
active duty. This section would amend the Act of 2002 to allow
for officers to be reappointed at the same grade they held when
they separated from the NOAA Corps.
The amendment made by this section would authorize officers
to be commissioned from the following sources: officer training
school; military service academies; and licensed officers of
the merchant marine with at least two years of service on a
U.S. vessel.
Finally, the amendment made by this section would require
the Secretary of Commerce to coordinate with the Secretary of
Defense and the Secretary of the department in which the Coast
Guard is operating to promote inter-service transfers of
officers and would give preference to inter-service transfers
in recruiting new NOAA Corps officers, as appropriate.
Section 242. Personnel boards.
This section would amend section 222 of the Act of 2002 (33
U.S.C. 3022) to specify that the membership of personnel boards
may include officers serving in or above the grade of the
officers under consideration by the board, and may include
recalled, retired officers.
The current law does not allow retired or active officers
below the pay grade of commander to serve on personnel boards,
and makes it very difficult to form personnel boards, due to
the NOAA Corps' inherent small size. This would help to ensure
the diversity of the boards.
Section 243. Delegation of authority.
This section would amend section 226 of the Act of 2002 (33
U.S.C. 3026) to require the President to delegate authority for
appointments and promotions to the Deputy Secretary of Commerce
or NOAA Administrator for periods when the position of
Secretary of Commerce is vacant.
Section 244. Assistant Administrator of the office of the marine and
aviation operations.
This section would amend section 228 of the Act of 2002 (33
U.S.C. 3028) to modify that the position of the Director for
the Office of Marine and Aviation Operations shall carry the
title of Assistant Administrator to be consistent with the
other NOAA line offices. The Office of Marine and Aviation
Operations is responsible for the oversight of the vessel and
aircraft fleets and for the administration of the commissioned
officer corps.
Section 245. Temporary appointments.
This section would amend section 229 of the Act of 2002 (33
U.S.C. 3029) to establish a mechanism for junior officers to be
temporarily appointed by the President alone.
Section 246. Officer candidates.
This section would amend the Act of 2002 to authorize the
Secretary of Commerce to create an officer candidate rank for
individuals who are in training before receiving their
commission.
Currently, officers entering the NOAA Corps for initial
training are directly commissioned as officers (Ensigns) on
their first day. All armed services have a period where the
individual is an ``officer candidate'' before receiving a
commission. The amendment made by this section would give NOAA
the authority to create an ``officer candidate'' rank, with
reduced pay. This would result in savings of approximately
$115,000 annually, which could be used to pay for officer
precommissioning and education programs established elsewhere
in this bill.
Section 247. Procurement of personnel.
This section would amend the Act of 2002 to authorize the
Secretary of Commerce to make expenditures in order to recruit
NOAA Corps officers.
subtitle d--separation and retirement of officers
Section 251. Involuntary retirement or separation.
This section would amend section 241 of the Act of 2002 (33
U.S.C. 3041) to enable deferral of involuntary retirement or
separation due to medical conditions for officers of any rank.
Currently, the NOAA Corps can defer involuntary separation of
lieutenant commanders and below but it cannot for commanders
and captains.
Section 252. Separation pay.
This section would amend section 242 of the Act of 2002 (33
U.S.C. 3042) to clarify that separation pay may not be paid to
an officer discharged after two missed promotion opportunities
if he or she is not genuinely seeking a promotion.
TITLE III--HYDROGRAPHIC SERVICES
Section 301. Reauthorization of hydrographic services improvement Act
of 1998.
The amendment made by this section would reauthorize the
Hydrographic Services Improvement Act of 1998 through fiscal
year 2020. The bill would specify $5 million and $2 million of
the authorized appropriations be used for Arctic hydrographic
surveys and continental shelf delineation, respectively. It
would limit administrative expenses associated with contract
management to not more than five percent.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III. EMPLOYEES
SUBPART B. EMPLOYMENT AND RETENTION
CHAPTER 33. EXAMINATION, SELECTION, AND PLACEMENT
SUBCHAPTER I. EXAMINATION, CERTIFICATION, AND APPOINTMENT
Sec. 3304. Competitive service; examinations
* * * * * * *
(f)(1) Preference eligibles or veterans who have been
separated from the armed forces and members of the commissioned
officer corps of the National Oceanic and Atmospheric
Administration (or its predecessor organization the Coast and
Geodetic Survey) separated from such uniformed service under
honorable conditions after 3 years or more of active service
may not be denied the opportunity to compete for vacant
positions for which the agency making the announcement will
accept applications from individuals outside its own workforce
under merit promotion procedures.
(2) If selected, a preference eligible [or veteran],
veteran, or member described in paragraph (1) shall
receive a career or career-conditional appointment, as
appropriate.
(3) This subsection shall not be construed to confer
an entitlement to veterans' preference that is not
otherwise required by law.
(4) The area of consideration for all merit promotion
announcements which include consideration of
individuals of the Federal workforce shall indicate
that preference eligibles and veterans who have been
separated from the armed forces and members of the
commissioned officer corps of the National Oceanic and
Atmospheric Administration (or its predecessor
organization the Coast and Geodetic Survey) separated
from such uniformed service under honorable conditions
after 3 years or more of active service are eligible to
apply. The announcements shall be publicized in
accordance with section 3327.
(5) The Office of Personnel Management shall
prescribe regulations necessary for the administration
of this subsection. The regulations shall ensure that
an individual who has completed an initial tour of
active duty is not excluded from the application of
this subsection because of having been released from
such tour of duty shortly before completing 3 years of
active service, having been honorably released from
such duty.
TITLE 10. ARMED FORCES
SUBTITLE A. GENERAL MILITARY LAW
PART II. PERSONNEL
CHAPTER 53. MISCELLANEOUS RIGHTS AND BENEFITS
Sec. 1044a. Authority to act as notary
(a) The persons named in subsection (b) have the general
powers of a notary public and of a consul of the United States
in the performance of all notarial acts to be executed by any
of the following:
(1) Members of any of the [armed forces] uniformed
services.
(2) Other persons eligible for legal assistance under
the provisions of section 1044 of this title or
regulations of the Department of Defense.
(3) Persons serving with, employed by, or
accompanying the armed forces outside the United States
and outside the Commonwealth of Puerto Rico, Guam, and
the Virgin Islands.
(4) Other persons subject to the Uniform Code of
Military Justice (chapter 47 of this title) outside the
United States.
(b) Persons with the powers described in subsection (a) are
the following:
(1) All judge advocates, including reserve judge
advocates when not in a duty status.
(2) All civilian attorneys serving as legal
assistance attorneys.
(3) All adjutants, assistant adjutants, and personnel
adjutants, including reserve members when not in a duty
status.
(4) All other members of the [armed forces] uniformed
services, including reserve members when not in a duty
status, who are designated by regulations of the [armed
forces] uniformed services or by statute to have those
powers.
(5) For the performance of notarial acts at locations
outside the United States, all employees of a military
department or the Coast Guard who are designated by
regulations of the Secretary concerned or by statute to
have those powers for exercise outside the United
States.
(c) No fee may be paid to or received by any person for the
performance of a notarial act authorized in this section.
(d) The signature of any such person acting as notary,
together with the title of that person's offices, is prima
facie evidence that the signature is genuine, that the person
holds the designated title, and that the person is authorized
to perform a notarial act.
Sec. 1121. Legion of Merit: award
The President, under regulations to be prescribed by him, may
award a decoration called the ``Legion of Merit'', having
suitable appurtenances and devices and not more than four
degrees, to any member of the [armed forces] uniformed services
of the United States or of any friendly foreign nation who,
after September 8, 1939, has distinguished himself by
exceptionally meritorious conduct in performing outstanding
services.
Sec. 1588. Authority to accept certain voluntary services
(a) Authority to Accept Services.--. Subject to subsection
(b) and notwithstanding section 1342 of title 31, the Secretary
concerned may accept from any person the following services:
(1) Voluntary medical services, dental services,
nursing services, or other health-care related
services.
(2) Voluntary services to be provided for a museum or
a natural resources program.
(3) Voluntary services to be provided for programs
providing services to members of the [armed forces]
uniformed services and the families of such members,
including the following programs:
(A) Family support programs.
(B) Child development and youth services
programs.
(C) Library and education programs.
(D) Religious programs.
(E) Housing referral programs.
(F) Programs providing employment assistance
to spouses of such members.
(G) Morale, welfare, and recreation programs,
to the extent not covered by another
subparagraph of this paragraph.
(4) Voluntary services as a member of a funeral
honors detail under section 1491 of this title.
(5) Legal services voluntarily provided as legal
assistance under section 1044 of this title.
(6) Voluntary services as a proctor for
administration to secondary school students of the test
known as the ``Armed Services Vocational Aptitude
Battery''.
(7) Voluntary translation or interpretation services
offered with respect to a foreign language by a person
(A) who is registered for such foreign language on the
National Foreign Language Skills Registry under section
1596b of this title, or (B) who otherwise is approved
to provide voluntary translation or interpretation
services for national security purposes, as determined
by the Secretary of Defense.
(8) Voluntary services to support programs of a
committee of the Employer Support of the Guard and
Reserve as authorized by the Secretary of Defense.
(9) Voluntary services to facilitate accounting for
missing persons.
(10) Voluntary legal support services provided by law
students through internship and externship programs
approved by the Secretary concerned.
* * * * * * *
(g) Secretary Concerned for Acceptance of Services for
Programs Serving Members of NOAA 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 National Oceanic and Atmospheric Administration.
Sec. 2153. Capstone course: newly selected general and flag officers
(a) Requirement.--Each officer selected for promotion to the
grade of brigadier general or, in the case of the Navy or the
commissioned corps of the National Oceanic and Atmospheric
Administration, rear admiral (lower half) shall be required,
after such selection, to attend a military education course
designed specifically to prepare new general and flag officers
to work with the [other armed forces] other uniformed services.
(b) Waiver Authority.--
(1) Subject to paragraph (2), the Secretary of
Defense or the Secretary of Commerce, as applicable,
may waive subsection (a)--
(A) in the case of an officer whose
immediately previous assignment was in a joint
duty assignment and who is thoroughly familiar
with joint matters;
(B) when necessary for the good of the
service;
(C) in the case of an officer whose proposed
selection for promotion is based primarily upon
scientific and technical qualifications for
which joint requirements do not exist (as
determined under regulations prescribed under
section 619(e)(4) of this title); and
(D) in the case of a medical officer, dental
officer, veterinary officer, medical service
officer, nurse, biomedical science officer, or
chaplain.
(2) The authority of the Secretary of Defense to
grant a waiver under paragraph (1) may only be
delegated to the Deputy Secretary of Defense, an Under
Secretary of Defense, or an Assistant Secretary of
Defense. Such a waiver may be granted only on a case-
by-case basis in the case of an individual officer.
TITLE 18. CRIMES AND CRIMINAL PROCEDURE
PART I. CRIMES
CHAPTER 33. EMBLEMS, INSIGNIA, AND NAMES
Sec. 702. Uniform of armed forces and Public Health Service
Whoever, in any place within the jurisdiction of the United
States or in the Canal Zone, without authority, wears the
uniform or a distinctive part thereof or anything similar to a
distinctive part of the uniform of any of the armed forces of
the United States, Public Health [Service or any] Service, the
commissioned officer corps of the National Oceanic and
Atmospheric Administration, or any auxiliary of such, shall be
fined under this title or imprisoned not more than six months,
or both.
TITLE 37. PAY AND ALLOWANCES OF THE UNIFORMED SERVICES CHAPTER 3. BASIC
PAY
Sec. 203. Rates
(a)(1) The rates of monthly basic pay for members of the
uniformed services within each pay grade are those prescribed
in accordance with section 1009 of this title or as otherwise
prescribed by law.
(2) Notwithstanding the rates of basic pay in effect
at any time as provided by law, the rates of basic pay
payable for commissioned officers in pay grades O-7
through O-10 may not exceed the monthly equivalent of
the rate of pay for level II of the Executive Schedule,
and the rates of basic pay payable for all other
officers and for enlisted members may not exceed the
monthly equivalent of the rate of pay for level V of
the Executive Schedule.
(b) While serving as a permanent professor at the United
States Military Academy, the United States Naval Academy, or
the United States Air Force Academy or as a member of the
permanent commissioned teaching staff at the United States
Coast Guard Academy, an officer who has over 36 years of
service computed under section 205 of this title is, in
addition to the pay and allowances to which he is otherwise
entitled under this title, entitled to additional pay in the
amount of $250 a month. This additional pay may not be used in
the computation of retired pay.
(c) A cadet at the United States Military Academy, the United
States Air Force Academy, or the Coast Guard Academy, or a
midshipman at the United States Naval Academy, is entitled to
monthly cadet pay, or midshipman pay, at the monthly rate equal
to 35 percent of the basic pay of a commissioned officer in the
pay grade O-1 with less than two years of service.
(d)(1) The basic pay of a commissioned officer who is in pay
grade O-1, O-2, or O-3 and who is credited with a total of over
four years' service described in paragraph (2) shall be
computed in the same manner as the basic pay of a commissioned
officer in the same pay grade who has been credited with over
four years' active service as an enlisted member.
(2) Service to be taken into account for purposes of
computing basic pay under paragraph (1) is as follows:
(A) Active service as a warrant officer or as
a warrant officer and an enlisted member.
(B) Service as a warrant officer, as an
enlisted member, or as a warrant officer and an
enlisted member, for which at least 1,460
points have been credited to the officer for
the purposes of section 12732(a)(2) of title
10.
(e)(1) A student at the United States Military Academy
Preparatory School, the United States Naval Academy Preparatory
School, or the United States Air Force Academy Preparatory
School who was selected to attend the preparatory school from
civilian life is entitled to monthly student pay at the same
rate as provided for cadets and midshipmen under subsection
(c).
(2) A student at a preparatory school referred to in
paragraph (1) who, at the time of the student's
selection to attend the preparatory school, was an
enlisted member of the uniformed services shall receive
monthly basic pay at the rate prescribed for the
student's pay grade and years of service as an enlisted
member or at the rate provided for cadets and
midshipmen under subsection (c), whichever is greater.
(3) The monthly student pay of a student described in
paragraph (1) shall be treated for purposes of the
accrual charge for the Department of Defense Military
Retirement Fund established under section 1461 of title
10 in the same manner as monthly cadet pay or
midshipman pay under subsection (c).
(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 rate equal to the basic pay of an
enlisted member in the pay grade E-5 with less than 2 years
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.
TITLE 38. VETERANS' BENEFITS
PART I. GENERAL PROVISIONS
CHAPTER 1. GENERAL
Sec. 101. Definitions
For the purposes of this title--
* * * * * * *
(21) The term ``active duty'' means--
(A) full-time duty in the Armed Forces, other
than active duty for training;
(B) full-time duty (other than for training
purposes) as a commissioned officer of the
Regular or Reserve Corps of the Public Health
Service (i) on or after July 29, 1945, or (ii)
before that date under circumstances affording
entitlement to ``full military benefits'' or
(iii) at any time, for the purposes of chapter
13 of this title;
(C) full-time duty as a commissioned officer
in the commissioned officer corps of the
National Oceanic and Atmospheric Administration
or its predecessor organization the Coast and
Geodetic Survey (i) on or after July 29, 1945,
or (ii) before that date (I) while on transfer
to one of the Armed Forces, or (II) while, in
time of war or national emergency declared by
the President, assigned to duty on a project
for one of the Armed Forces in an area
determined by the Secretary of Defense to be of
immediate military hazard, or (III) in the
Philippine Islands on December 7, 1941, and
continuously in such islands thereafter, or
(iii) at any time, for the purposes of chapter
13 of this title;
(D) service as a cadet at the United States
Military, Air Force, or Coast Guard Academy, or
as a midshipman at the United States Naval
Academy; and
(E) authorized travel to or from such duty or
service. * * *
Sec. 4303. Definitions
For the purpose of this chapter--
* * * * * * *
(16) The term ``uniformed services'' means the Armed
Forces, the Army National Guard and the Air National
Guard when engaged in active duty for training,
inactive duty training, or full-time National Guard
duty, the commissioned corps of the Public Health
Service, the commissioned officer corps of the National
Oceanic and Atmospheric Administration, and any other
category of persons designated by the President in time
of war or national emergency.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER
CORPS ACT OF 2002
[33 U.S.C. 3001 et seq.]
SEC. 212. DEFINITIONS.
[33 U.S.C. 3002]
(a) Applicability of Definitions in Title 10, United States
Code.--Except as provided in subsection (b), the definitions
provided in section 101 of title 10, United States Code, apply
to the provisions of this title.
(b) Additional Definitions.--In this title:
(1) Active duty.--The term ``active duty'' means
full-time duty in the active service of a uniformed
service.
(2) Grade.--The term ``grade'' means a step or
degree, in a graduated scale of office or rank, that is
established and designated as a grade by law or
regulation.
(3) Officer.--The term ``officer'' means an officer
of the commissioned corps.
(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).
[(4)](5) Flag officer.--The term ``flag officer''
means an officer serving in, or having the grade of,
vice admiral, rear admiral, or rear admiral (lower
half).
[(5)](6) Secretary.--The term ``Secretary'' means the
Secretary of Commerce.
[(6)](7) Administration.--The term ``Administration''
means the National Oceanic and Atmospheric
Administration.
[SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.
[33 U.S.C. 3004]
[(a) Relative Rank; Proportion.--Of the total authorized
number of officers on the lineal list of the commissioned
corps, there are authorized numbers in permanent grade, in
relative rank with officers of the Navy, in proportions as
follows:
[(1) 8 in the grade of captain.
[(2) 14 in the grade of commander.
[(3) 19 in the grade of lieutenant commander.
[(4) 23 in the grade of lieutenant.
[(5) 18 in the grade of lieutenant (junior grade).
[(6) 18 in the grade of ensign.
[(b) Computation of Number in Grade.--
[(1) In general.--Subject to paragraph (2), whenever
a final fraction occurs in computing the authorized
number of officers in a grade, the nearest whole number
shall be taken, and if the fraction is one-half the
next higher whole number shall be taken.
[(2) Limitation on increase in total number.--The
total number of officers on the lineal list authorized
by law may not be increased as the result of the
computations prescribed in this section, and if
necessary the number of officers in the lowest grade
shall be reduced accordingly.
[(c) Preservation of Grade and Pay, etc.--No officer may be
reduced in grade or pay or separated from the commissioned
corps as the result of a computation made to determine the
authorized number of officers in the various grades.
[(d) Filling of Vacancies; Additional Numbers.--Nothing in
this section may be construed as requiring the filling of any
vacancy or as prohibiting additional numbers in any grade to
compensate for vacancies existing in higher grades.
[(e) 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 so long as the average
number on that list during that fiscal year does not exceed the
authorized number.]
SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.
(a) Grades.--The commissioned grades in the commissioned
officer corps of the Administration are the following, in
relative rank with officers of the Navy:
(1) Vice admiral.
(2) Rear admiral.
(3) Rear admiral (lower half).
(4) Captain.
(5) Commander.
(6) Lieutenant commander.
(7) Lieutenant.
(8) Lieutenant (junior grade).
(9) Ensign.
(b) Grade Distribution.--The Secretary shall prescribe, with
respect to the distribution on the lineal list in grade, the
percentages applicable to the grades set forth in subsection
(a).
(c) Annual Computation of Number in Grade.--
(1) In general.--Not less frequently than once each
year, the Secretary shall make a computation to
determine the number of officers on the lineal list
authorized to be serving in each grade.
(2) Method of computation.--The number in each grade
shall be computed by applying the applicable percentage
to the total number of such officers serving on active
duty on the date the computation is made.
(3) Fractions.--If a final fraction occurs in
computing the authorized number of officers in a grade,
the nearest whole number shall be taken. If the
fraction is \1/2\, the next higher whole number shall
be taken.
(d) Temporary Increase in Numbers.--The total number of
officers authorized by law to be on the lineal list during a
fiscal year may be temporarily exceeded if the average number
on that list during that fiscal year does not exceed the
authorized number.
(e) Positions of Importance and Responsibility.--Officers
serving in positions designated under section 228(a) and
officers recalled from retired status shall not be counted when
computing authorized strengths under subsection (c) and shall
not count against those strengths.
(f) Preservation of Grade and Pay.--No officer may be reduced
in grade or pay or separated from the commissioned officer
corps of the Administration as the result of a computation made
to determine the authorized number of officers in the various
grades.
SEC. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFICERS.
[33 U.S.C. 3005]
[Effective]
(a) In General.--Effective October 1, 2009, the total number
of authorized commissioned officers on the lineal list of the
commissioned corps of the National Oceanic and Atmospheric
Administration shall be increased from 321 to 379 if--
(1) the Secretary has submitted to the Congress--
(A) the Administration's ship
recapitalization plan for fiscal years 2010
through 2024;
(B) the Administration's aircraft
remodernization plan; and
(C) supporting workforce management plans;
(2) appropriated funding is available; and
(3) the Secretary has justified organizational needs
for the commissioned corps for each such fiscal year.
(b) Positions of Importance and Responsibility.--Officers
serving in positions designated under section 228 and officers
recalled from retired status--
(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.
SEC. 216. OBLIGATED SERVICE REQUIREMENT.
(a) In General.--
(1) Rulemaking.--The Secretary shall prescribe the
obligated service requirements for appointments,
training, promotions, separations, continuations, and
retirement of officers not otherwise covered by law.
(2) Written agreements.--The Secretary and officers
shall enter into written agreements that describe the
officers' obligated service requirements prescribed
under paragraph (1) in return for such appointments,
training, promotions, separations, and retirements as
the Secretary considers appropriate.
(b) Repayment for Failure to Satisfy Requirements.--
(1) In general.--The Secretary may require an officer
who fails to meet the service requirements prescribed
under subsection (a)(1) to reimburse the Secretary in
an amount that bears the same ratio to the total costs
of the training provided to that officer by the
Secretary as the unserved portion of active duty bears
to the total period of active duty the officer agreed
to serve.
(2) Obligation as debt to united states.--An
obligation to reimburse the Secretary under paragraph
(1) shall be considered for all purposes as a debt owed
to the United States.
(3) Discharge in bankruptcy.--A discharge in
bankruptcy under title 11 that is entered less than 5
years after the termination of a written agreement
entered into under subsection (a)(2) does not discharge
the individual signing the agreement from a debt
arising under such agreement.
(c) Waiver or Suspension of Compliance.--The Secretary may
waive the service obligation of an officer who--
(1) becomes unqualified to serve on active duty in
the commissioned officer corps of the Administration
because of a circumstance not within the control of
that officer; or
(2) is--
(A) not physically qualified for appointment;
and
(B) determined to be unqualified for service
in the commissioned officer corps of the
Administration because of a physical or medical
condition that was not the result of the
officer's own misconduct or grossly negligent
conduct.
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
books and school supplies.
(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.
SEC. 218. 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.
[SEC. 221. ORIGINAL APPOINTMENTS.
[33 U.S.C. 3021]
[(a) In General.--
[(1) Grades.--Original appointments may be made in
the grades of ensign, lieutenant (junior grade), and
lieutenant.
[(2) Qualifications.--Under regulations prescribed by
the Secretary, such an appointment may be given only to
a person who--
[(A) meets the qualification requirements
specified in paragraphs (1) through (4) of
section 532(a) of title 10, United States Code;
and
[(B) has such other special qualifications as
the Secretary may prescribe by regulation.
[(3) Examination.--A person may be given such an
appointment only after passage of a mental and physical
examination given in accordance with regulations
prescribed by the Secretary.
[(4) Revocation of commission of officers found not
qualified.--The President may revoke the commission of
any officer appointed under this section during the
officer's first three years of service if the officer
is found not qualified for the service. Any such
revocation shall be made under regulations prescribed
by the President.
[(b) Lineal List.--Each person appointed under this section
shall be placed on the lineal list in a position commensurate
with that person's age, education, and experience, in
accordance with regulations prescribed by the Secretary.
[(c) Service Credit Upon Original Appointment in Grade Above
Ensign.--
[(1) In general.--For the purposes of basic pay, a
person appointed under this section in the grade of
lieutenant shall be credited as having, on the date of
that appointment, three years of service, and a person
appointed under this section in the grade of lieutenant
(junior grade) shall be credited as having, as of the
date of that appointment, 1 1/2 years of service.
[(2) Higher credit under other law.--If a person
appointed under this section is entitled to credit for
the purpose of basic pay under any other provision of
law that would exceed the amount of credit authorized
by paragraph (1), that person shall be credited with
that amount of service in lieu of the credit authorized
by paragraph (1).]
SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINTMENTS.
(a) Original Appointments.--
(1) Grades.--
(A) In general.--Except as provided in
subparagraph (B), an original appointment of an
officer may be made in such grades as may be
appropriate for--
(i) the qualification, experience,
and length of service of the appointee;
and
(ii) the commissioned officer corps
of the Administration.
(B) Appointment of officer candidates.--
(i) Limitation on grade.--An original
appointment of an officer candidate,
upon graduation from the basic officer
training program of the commissioned
officer corps of the Administration,
may not be made in any other grade than
ensign.
(ii) Rank.--Officer candidates
receiving appointments as ensigns upon
graduation from basic officer training
program shall take rank according to
their proficiency as shown by the order
of their merit at date of graduation.
(2) Source of appointments.--An original appointment
may be made from among the following:
(A) Graduates of the basic officer training
program of the commissioned officer corps of
the Administration.
(B) Graduates of the military service
academies of the United States who otherwise
meet the academic standards for enrollment in
the training program described in subparagraph
(A).
(C) Graduates of the maritime academies of
the States who--
(i) otherwise meet the academic
standards for enrollment in the
training program described in
subparagraph (A);
(ii) completed at least 3 years of
regimented training while at a maritime
academy of a State; and
(iii) obtained an unlimited tonnage
or unlimited horsepower Merchant
Mariner Credential from the United
States Coast Guard.
(D) Licensed officers of the United States
merchant marine who have served 2 or more years
aboard a vessel of the United States in the
capacity of a licensed officer, who otherwise
meet the academic standards for enrollment in
the training program described in subparagraph
(A).
(3) Definitions.--In this subsection:
(A) Maritime academies of the states.--The
term ``maritime academies of the States'' means
the following:
(i) California Maritime Academy,
Vallejo, California.
(ii) Great Lakes Maritime Academy,
Traverse City, Michigan.
(iii) Maine Maritime Academy,
Castine, Maine.
(iv) Massachusetts Maritime Academy,
Buzzards Bay, Massachusetts.
(v) State University of New York
Maritime College, Fort Schuyler, New
York.
(vi) Texas A&M Maritime Academy,
Galveston, Texas.
(B) Military service academies of the united
states.--The term ``military service academies
of the United States'' means the following:
(i) The United States Military
Academy, West Point, New York.
(ii) The United States Naval Academy,
Annapolis, Maryland.
(iii) The United States Air Force
Academy, Colorado Springs, Colorado.
(iv) The United States Coast Guard
Academy, New London, Connecticut.
(v) The United States Merchant Marine
Academy, Kings Point, New York.
(b) Reappointment.--
(1) In general.--Except as provided in paragraph (2),
an individual who previously served in the commissioned
officer corps of the Administration may be appointed by
the Secretary to the grade the individual held prior to
separation.
(2) Reappointments to higher grades.--An appointment
under paragraph (1) to a position of importance and
responsibility designated under section 228 may only be
made by the President.
(c) Qualifications.--An appointment under subsection (a) or
(b) may not be given to an individual until the individual's
mental, moral, physical, and professional fitness to perform
the duties of an officer has been established under such
regulations as the Secretary shall prescribe.
(d) Precedence of Appointees.--Appointees under this section
shall take precedence in the grade to which appointed in
accordance with the dates of their commissions as commissioned
officers in such grade. Appointees whose dates of commission
are the same shall take precedence with each other as the
Secretary shall determine.
(e) Inter-Service Transfers.--For inter-service transfers (as
described in the Department of Defense Directive 1300.4 (dated
December 27, 2006)) the Secretary shall--
(1) coordinate with the Secretary of Defense and the
Secretary of the Department in which the Coast Guard is
operating to promote and streamline inter-service
transfers;
(2) give preference to such inter-service transfers
for recruitment purposes as determined appropriate by
the Secretary; and
(3) reappoint such inter-service transfers to the
equivalent grade in the commissioned officer corps.
[SEC. 222. PERSONNEL BOARDS.
[33 U.S.C. 3022]
[(a) Convening.--At least once a year and at such other times
as the Secretary determines necessary, the Secretary shall
convene a personnel board. A personnel board shall consist of
not less than five officers on the lineal list in the permanent
grade of commander or above.
[(b) Duties.--Each personnel board shall--
[(1) recommend to the Secretary such changes in the
lineal list as the board may determine; and
[(2) make selections and recommendations to the
Secretary and President for the appointment, promotion,
separation, continuation, and retirement of officers as
prescribed in this subtitle and subtitle C.
[(c) Action on Recommendations Not Acceptable.--In a case in
which 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 are
acceptable.]
SEC. 222. PERSONNEL BOARDS.
(a) Convening.--Not less frequently than once each year and
at such other times as the Secretary determines necessary, the
Secretary shall convene a personnel board.
(b) Membership.--
(1) In general.--A board convened under subsection
(a) shall consist of 5 or more officers who are serving
in or above the permanent grade of the officers under
consideration by the board.
(2) Retired officers.--Officers on the retired list
may be recalled to serve on such personnel boards as
the Secretary considers necessary.
(3) No membership on 2 successive boards.--No officer
may be a member of 2 successive personnel boards
convened to consider officers of the same grade for
promotion or separation.
(c) Duties.--Each personnel board shall--
(1) recommend to the Secretary such changes as may be
necessary to correct any erroneous position on the
lineal list that was caused by administrative error;
and
(2) make selections and recommendations to the
Secretary and the President for the appointment,
promotion, involuntary separation, continuation, and
involuntary retirement of officers in the commissioned
officer corps of the Administration as prescribed in
this title.
(d) Action on Recommendations Not Acceptable.--If any
recommendation by a board convened under subsection (a) is not
accepted by the Secretary or the President, the board shall
make such further recommendations as the Secretary or the
President considers appropriate.
SEC. 226. APPOINTMENTS AND PROMOTIONS TO PERMANENT GRADES.
[33 U.S.C. 3026]
[Appointments]
(a) In General.--Appointments in and promotions to all
permanent grades shall be made by the President.
(b) Delegation of Appointment Authority.--If the President
delegates authority to the Secretary to make appointments under
this section, the President shall, during a period in which the
position of the Secretary is vacant, delegate such authority to
the Deputy Secretary of Commerce or the Under Secretary for
Oceans and Atmosphere during such period.
SEC. 228. POSITIONS OF IMPORTANCE AND RESPONSIBILITY.
[33 U.S.C. 3028]
* * * * * * *
(c) Director of NOAA Corps and Assistant Administrator of The
Office of Marine and Aviation Operations.--The Secretary shall
designate one position under this section as responsible for
oversight of the vessel and aircraft fleets and for the
administration of the commissioned officer corps. That position
shall be filled by an officer on the lineal list serving in or
above the grade of rear admiral (lower half). For the specific
purpose of administering the commissioned officer corps, that
position shall carry the title of Director of the National
Oceanic and Atmospheric Administration Commissioned Officer
Corps. For the specific purpose of administering the vessel and
aircraft fleets, that position shall carry the title of
[Director] Assistant Administrator of the Office of Marine and
Aviation Operations.
* * * * * * *
[SEC. 229. TEMPORARY APPOINTMENTS AND PROMOTIONS GENERALLY.
[33 U.S.C. 3029]
[(a) Ensign.--Temporary appointments in the grade of ensign
may be made by the President. Each such temporary appointment
terminates at the close of the next regular session of the
Congress.
[(b) Lieutenant (Junior Grade).--Officers in the permanent
grade of ensign may be temporarily promoted to and appointed in
the grade of lieutenant (junior grade) by the President
whenever vacancies exist in higher grades.
[(c) Any One Grade.--When determined by the Secretary to be
in the best interest of the service, 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.]
SEC. 229. TEMPORARY APPOINTMENTS.
(a) Appointments by President.--Temporary appointments in the
grade of ensign, lieutenant junior grade, or lieutenant may be
made by the President.
(b) Termination.--A temporary appointment to a position under
subsection (a) shall terminate upon approval of a permanent
appointment for such position made by the President.
(c) Order of Precedence.--Appointees under subsection (a)
shall take precedence in the grade to which appointed in
accordance with the dates of their appointments as officers in
such grade. The order of precedence of appointees who are
appointed on the same date shall be determined by the
Secretary.
(d) Any One Grade.--When determined by the Secretary to be in
the best interest of the commissioned officer corps, officers
in any permanent grade may be temporarily promoted one grade by
the President. Any such temporary promotion terminates upon the
transfer of the officer to a new assignment.
(e) Delegation of Appointment Authority.--If the President
delegates authority to the Secretary to make appointments under
this section, the President shall, during a period in which the
position of the Secretary is vacant, delegate such authority to
the Deputy Secretary of Commerce or the Under Secretary for
Oceans and Atmosphere during such period.
SEC. 234. OFFICER CANDIDATES.
(a) Determination of Number.--The Secretary shall determine
the number of appointments of officer candidates.
(b) Appointment.--Appointment of officer candidates shall be
made under regulations which the Secretary shall prescribe,
including regulations with respect to determining age limits,
methods of selection of officer candidates, term of service as
an officer candidate before graduation from the program, and
all other matters affecting such appointment.
(c) Dismissal.--The Secretary may dismiss from the basic
officer training program of the Administration any officer
candidate who, during the officer candidate's term as an
officer candidate, the Secretary considers unsatisfactory in
either academics or conduct, or not adapted for a career in the
commissioned officer corps of the Administration. Officer
candidates shall be subject to 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 the such
program, the officer candidate--
(i) will accept an appointment, if
tendered, as an officer; and
(ii) will serve on active duty for at
least 4 years immediately after such
appointment.
(e) Regulations.--The Secretary shall prescribe regulations
to carry out this section. Such regulations shall include--
(1) standards for determining what constitutes a
breach of an agreement signed under such 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 section (d) shall be subject to the
repayment provisions of section 216(b).
SEC. 235. PROCUREMENT OF PERSONNEL.
The Secretary may make such expenditures as the Secretary
considers necessary in order to obtain recruits for the
commissioned officer corps of the Administration, including
advertising.
SEC. 241. INVOLUNTARY RETIREMENT OR SEPARATION.
[33 U.S.C. 3041]
(a) Transfer of Officers to Retired List; Separation From
Service.--As recommended by a personnel board convened under
section 222--
(1) an officer in the permanent grade of captain or
commander may be transferred to the retired list; and
(2) an officer in the permanent grade of lieutenant
commander, lieutenant, or lieutenant (junior grade) who
is not qualified for retirement may be separated from
the service.
(b) Computations.--In any fiscal year, the total number of
officers selected for retirement or separation under subsection
(a) plus the number of officers retired for age may not exceed
the whole number nearest 4 percent of the total number of
officers authorized to be on the active list, except as
otherwise provided by law.
(c) Effective Date of Retirements and Separations.--A
retirement or separation under subsection (a) shall take effect
on the first day of the sixth month beginning after the date on
which the Secretary approves the retirement or separation,
except that if the officer concerned requests an earlier
retirement or separation date, the date shall be as determined
by the Secretary.
(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 deferral 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. 242. SEPARATION PAY.
[33 U.S.C. 3042]
(a) Authorization of Payment.--An officer who is separated
under section 241(a)(2) and who has completed more than three
years of continuous active service immediately before that
separation is entitled to separation pay computed under
subsection (b) unless the Secretary determines that the
conditions under which the officer is separated do not warrant
payment of that pay.
(b) Amount of Separation Pay.--
(1) Six or more years.--In the case of an officer who
has completed six or more years of continuous active
service immediately before that separation, the amount
of separation pay to be paid to the officer under this
section is 10 percent of the product of--
(A) the years of active service creditable to
the officer; and
(B) 12 times the monthly basic pay to which
the officer was entitled at the time of
separation.
(2) Three to six years.--In the case of an officer
who has completed three or more but fewer than six
years of continuous active service immediately before
that separation, the amount of separation pay to be
paid to the officer under this section is one-half of
the amount computed under paragraph (1).
(c) Other Conditions, Requirements, and Administrative
Provisions.--The provisions of subsections (f), (g), and (h) of
section 1174 of title 10, United States Code, shall apply to
separation pay under this section in the same manner as such
provisions apply to separation pay under that section.
(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.
SEC. 261. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, UNITED
STATES CODE.
[33 U.S.C. 3071]
(a) Provisions Made Applicable to the Corps.--The rules of
law that apply to the Armed Forces under the following
provisions of title 10, United States Code, as those provisions
are in effect from time to time, apply also to the commissioned
officer corps of the Administration:
(1) Chapter 40, relating to leave.
(2) Section 533(b), relating to constructive service.
(3) Section 716, relating to transfers between the
armed forces and to and from National Oceanic and
Atmospheric Administration.
(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.
(8) Section 1034, relating to protected
communications and prohibition of retaliatory personnel
actions.
[(4)](9) Section 1035, relating to deposits of
savings.
[(5)](10) Section 1036, relating to transportation
and travel allowances for escorts for dependents of
members.
[(6)](11) Section 1052, relating to reimbursement for
adoption expenses.
(12) Chapter 58, relating to the Benefits and
Services for members being separated or recently
separated.
[(7)](13) Section 1174a, relating to special
separation benefits (except that benefits under
subsection (b)(2)(B) of such section are subject to the
availability of appropriations for such purpose and are
provided at the discretion of the Secretary of
Commerce).
[(8)](14) Chapter 61, relating to retirement or
separation for physical disability.
[(9)](15) Chapter 69, relating to retired grade,
except sections 1370, 1375, and 1376.
[(10)](16) Chapter 71, relating to computation of
retired pay.
[(11)](17) Chapter 73, relating to annuities based on
retired or retainer pay.
[(12)](18) Subchapter II of chapter 75, relating to
death benefits.
(19) Subchapter I of chapter 88, relating to Military
Family Programs.
(20) Section 2005, relating to advanced education
assistance, active duty agreements, and reimbursement
requirements.
[(13)](21) Section 2634, relating to transportation
of motor vehicles for members on permanent change of
station.
[(14)](22) Sections 2731 and 2735, relating to
property loss incident to service.
[(15)](23) Section 2771, relating to final settlement
of accounts of deceased members.
[(16)](24) Such other provisions of subtitle A of
that title as may be adopted for applicability to the
commissioned officer corps of the National Oceanic and
Atmospheric Administration by any other provision of
law.
(b) References.--The authority vested by title 10, United
States Code, in the ``military departments'', ``the Secretary
concerned'', or ``the Secretary of Defense'' with respect to
the provisions of law referred to in subsection (a) shall be
exercised, with respect to the commissioned officer corps of
the Administration, by the Secretary of Commerce or the
Secretary's designee. 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 Regarding Protected Communications and
Prohibition of Retaliatory Personnel Actions.--The Secretary
may promulgate 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
promulgating such administrative procedures for investigation
and appeal within the commissioned officer corps as the
Secretary considers appropriate.
SEC. 261A. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, UNITED
STATES CODE.
(a) Provisions Made Applicable to Commissioned Officer
Corps.--The provisions of law applicable to the Armed Forces
under the following provisions of title 37, United States Code,
shall apply to the commissioned officer corps of the
Administration:
(1) Section 324, relating to accession bonuses for
new officers in critical skills.
(2) Section 403(f)(3), relating to prescribing
regulations defining the terms ``field duty'' and ``sea
duty''.
(3) Section 403(l), relating to temporary
continuation of housing allowance for dependents of
members dying on active duty.
(4) Section 414(a)(2), relating to personal money
allowance while serving as Director of the National
Oceanic and Atmospheric Administration Commissioned
Officer Corps.
(5) Section 488, relating to allowances for
recruiting expenses.
(6) Section 495, relating to allowances for funeral
honors duty.
(b) References.--The authority vested by title 37, United
States Code, in the ``military departments'', ``the Secretary
concerned'', or ``the Secretary of Defense'' with respect to
the provisions of law referred to in subsection (a) shall be
exercised, with respect to the commissioned officer corps of
the Administration, by the Secretary of Commerce or the
Secretary's designee.
SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM.
(a) Authority To Repay Education Loans.--For the purpose of
maintaining adequate numbers of officers of the commissioned
officer corps of the Administration on active duty who have
skills required by the commissioned officer corps, the
Secretary may repay, in the case of a person described in
subsection (b), a loan that--
(1) was used by the person to finance education; and
(2) was obtained from a governmental entity, private
financial institution, educational institution, or
other authorized entity.
(b) Eligible Persons.--To be eligible to obtain a loan
repayment under this section, a person must--
(1) satisfy 1 of the requirements specified in
subsection (c);
(2) be fully qualified for, or hold, an appointment
as a commissioned officer in the commissioned officer
corps of the Administration; and
(3) sign a written agreement to serve on active duty,
or, if on active duty, to remain on active duty for a
period in addition to any other incurred active duty
obligation.
(c) Academic and Professional Requirements.--One of the
following academic requirements must be satisfied for purposes
of determining the eligibility of an individual for a loan
repayment under this section:
(1) The person is fully qualified in a profession
that the Secretary has determined to be necessary to
meet identified skill shortages in the commissioned
officer corps.
(2) The person is enrolled as a full-time student in
the final year of a course of study at an accredited
educational institution (as determined by the Secretary
of Education) leading to a degree in a profession that
will meet identified skill shortages in the
commissioned officer corps.
(d) Loan Repayments.--
(1) In general.--Subject to the limits established
under paragraph (2), a loan repayment under this
section may consist of the payment of the principal,
interest, and related expenses of a loan obtained by a
person described in subsection (b).
(2) Limitation on amount.--For each year of obligated
service that a person agrees to serve in an agreement
described in subsection (b)(3), the Secretary may pay
not more than the amount specified in section
2173(e)(2) of title 10, United States Code.
(e) Active Duty Service Obligation.--
(1) In general.--A person entering into an agreement
described in subsection (b)(3) incurs an active duty
service obligation.
(2) Length of obligation determined under
regulations.--
(A) In general.--Except as provided in
subparagraph (B), the length of the obligation
under paragraph (1) shall be determined under
regulations prescribed by the Secretary.
(B) Minimum obligation.--The regulations
prescribed under subparagraph (A) may not
provide for a period of obligation of less than
1 year for each maximum annual amount, or
portion thereof, paid on behalf of the person
for qualified loans.
(3) Persons on active duty before entering into
agreement.--The active duty service obligation of
persons on active duty before entering into the
agreement shall be served after the conclusion of any
other obligation incurred under the agreement.
(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.
SEC. 268. INTEREST PAYMENT PROGRAM.
(a) Authority.--The Secretary may pay the interest and any
special allowances that accrue on 1 or more student loans of an
eligible officer, in accordance with this section.
(b) Eligible Officers.--An officer is eligible for the
benefit described in subsection (a) while the officer--
(1) is serving on active duty;
(2) has not completed more than 3 years of service on
active duty;
(3) is the debtor on 1 or more unpaid loans described
in subsection (c); and
(4) is not in default on any such loan.
(c) Student Loans.--The authority to make payments under
subsection (a) may be exercised with respect to the following
loans:
(1) A loan made, insured, or guaranteed under part B
of title IV of the Higher Education Act of 1965 (20
U.S.C. 1071 et seq.).
(2) A loan made under part D of such title (20 U.S.C.
1087a et seq.).
(3) A loan made under part E of such title (20 U.S.C.
1087aa et seq.).
(d) Maximum Benefit.--Interest and any special allowance may
be paid on behalf of an officer under this section for any of
the 36 consecutive months during which the officer is eligible
under subsection (b).
(e) Funds for Payments.--The Secretary may use amounts
appropriated for the pay and allowances of personnel of the
commissioned officer corps of the Administration for payments
under this section.
(f) Coordination With Secretary of Education.--
(1) In general.--The Secretary shall consult with the
Secretary of Education regarding the administration of
this section.
(2) Transfer of funds.--The Secretary shall transfer
to the Secretary of Education the funds necessary--
(A) to pay interest and special allowances on
student loans under this section (in accordance
with sections 428(o), 455(l), and 464(j) of the
Higher Education Act of 1965 (20 U.S.C.
1078(o), 1087e(l), and 1087dd(j)); and
(B) to reimburse the Secretary of Education
for any reasonable administrative costs
incurred by the Secretary in coordinating the
program under this section with the
administration of the student loan programs
under parts B, D, and E of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1071 et
seq., 1087a et seq., 1087aa et seq.).
(g) Special Allowance Defined.--In this section, the term
``special allowance'' means a special allowance that is payable
under section 438 of the Higher Education Act of 1965 (20
U.S.C. 1087-1).
SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION ASSISTANCE PROGRAM.
(a) Authority To Provide Financial Assistance.--For the
purpose of maintaining adequate numbers of officers of the
commissioned officer corps of the Administration on active
duty, the Secretary may provide financial assistance to a
person described in subsection (b) for expenses of the person
while the person is pursuing on a full-time basis at an
accredited educational institution (as determined by the
Secretary of Education) a program of education approved by the
Secretary that leads to--
(1) a baccalaureate degree in not more than 5
academic years; or
(2) a postbaccalaureate degree.
(b) Eligible Persons.--
(1) In general.--A person is eligible to obtain
financial assistance under subsection (a) if the
person--
(A) is enrolled on a full-time basis in a
program of education referred to in subsection
(a) at any educational institution described in
such subsection;
(B) meets all of the requirements for
acceptance into the commissioned officer corps
of the Administration except for the completion
of a baccalaureate degree; and
(C) enters into a written agreement with the
Secretary described in paragraph (2).
(2) Agreement.--A written agreement referred to in
paragraph (1)(C) is an agreement between the person and
the Secretary in which the person agrees--
(A) to accept an appointment as an officer,
if tendered; and
(B) upon completion of the person's
educational program, agrees to serve on active
duty, immediately after appointment, for--
(i) up to 3 years if the person
received less than 3 years of
assistance; and
(ii) up to 5 years if the person
received at least 3 years of
assistance.
(c) Qualifying Expenses.--Expenses for which financial
assistance may be provided under subsection (a) are the
following:
(1) Tuition and fees charged by the educational
institution involved.
(2) The cost of books.
(3) In the case of a program of education leading to
a baccalaureate degree, laboratory expenses.
(4) Such other expenses as the Secretary considers
appropriate.
(d) Limitation on Amount.--The Secretary shall prescribe the
amount of financial assistance provided to a person under
subsection (a), which may not exceed the amount specified in
section 2173(e)(2) of title 10, United States Code, for each
year of obligated service that a person agrees to serve in an
agreement described in subsection (b)(2).
(e) Duration of Assistance.--Financial assistance may be
provided to a person under subsection (a) for not more than 5
consecutive academic years.
(f) Subsistence Allowance.--
(1) In general.--A person who receives financial
assistance under subsection (a) shall be entitled to a
monthly subsistence allowance at a rate prescribed
under paragraph (2) for the duration of the period for
which the person receives such financial assistance.
(2) Determination of amount.--The Secretary shall
prescribe monthly rates for subsistence allowance
provided under paragraph (1), which shall be equal to
the amount specified in section 2144(a) of title 10,
United States Code.
(g) Initial Clothing Allowance.--
(1) Training.--The Secretary may prescribe a sum
which shall be credited to each person who receives
financial assistance under subsection (a) to cover the
cost of the person's initial clothing and equipment
issue.
(2) Appointment.--Upon completion of the program of
education for which a person receives financial
assistance under subsection (a) and acceptance of
appointment in the commissioned officer corps of the
Administration, the person may be issued a subsequent
clothing allowance equivalent to that normally provided
to a newly appointed officer.
(h) Termination of Financial Assistance.--
(1) In general.--The Secretary shall terminate the
assistance provided to a person under this section if--
(A) the Secretary accepts a request by the
person to be released from an agreement
described in subsection (b)(2);
(B) the misconduct of the person results in a
failure to complete the period of active duty
required under the agreement; or
(C) the person fails to fulfill any term or
condition of the agreement.
(2) Reimbursement.--The Secretary may require a
person who receives assistance described in subsection
(c), (f), or (g) under an agreement entered into under
subsection (b)(1)(C) to reimburse the Secretary in an
amount that bears the same ratio to the total costs of
the assistance provided to that person as the unserved
portion of active duty bears to the total period of
active duty the officer agreed to serve under the
agreement.
(3) Waiver.--The Secretary may waive the service
obligation of a person through an agreement entered
into under subsection (b)(1)(C) if the person--
(A) becomes unqualified to serve on active
duty in the commissioned officer corps of the
Administration because of a circumstance not
within the control of that person; or
(B) is--
(i) not physically qualified for
appointment; and
(ii) determined to be unqualified for
service in the commissioned officer
corps of the Administration because of
a physical or medical condition that
was not the result of the person's own
misconduct or grossly negligent
conduct.
(4) Obligation as debt to united states.--An
obligation to reimburse the Secretary imposed under
paragraph (2) is, for all purposes, a debt owed to the
United States.
(5) Discharge in bankruptcy.--A discharge in
bankruptcy under title 11, United States Code, that is
entered less than 5 years after the termination of a
written agreement entered into under subsection
(b)(1)(C) does not discharge the person signing the
agreement from a debt arising under such agreement or
under paragraph (2).
(i) Regulations.--The Secretary may promulgate such
regulations and orders as the Secretary considers appropriate
to carry out this section.
SEC. 269A. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER CORPS AS
EMPLOYMENT IN ADMINISTRATION FOR PURPOSES OF
CERTAIN HIRING DECISIONS.
(a) In General.--In any case in which the Secretary accepts
an application for a position of employment with the
Administration and limits consideration of applications for
such position to applications submitted by individuals serving
in a career or career-conditional position in the competitive
service within the Administration, the Secretary shall deem an
officer who has served as an officer in the commissioned
officer corps for at least 3 years to be serving in a career or
career-conditional position in the competitive service within
the Administration for purposes of such limitation.
(b) Career Appointments.--If the Secretary selects an
application submitted by an officer described in subsection (a)
for a position described in such subsection, the Secretary
shall give such officer a career or career-conditional
appointment in the competitive service, as appropriate.
(c) Competitive Service Defined.--In this section, the term
``competitive service'' has the meaning given the term in
section 2102 of title 5, United States Code.
HIGHER EDUCATION ACT OF 1965
[20 U.S.C. 1001 et seq.; 42 U.S.C. 2751 et seq.]
SEC. 428. FEDERAL PAYMENTS TO REDUCE STUDENT INTEREST COSTS.
[20 U.S.C. 1078]
* * * * * * *
(o) [Armed Forces Student Loan Interest Payment Program]
Armed Forces and NOAA Commissioned Officer Corps Student Loan
Interest Payment Programs.--
(1) Authority.--Using funds received by transfer to
the Secretary under section 2174 of title 10, United
States Code, or section 264 of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps
Act of 2002 for the payment of interest and any special
allowance on a loan to a member of the Armed Forces or
an officer in the commissioned officer corps of the
National Oceanic and Atmospheric Administration that is
made, insured, or guaranteed under this part, the
Secretary shall pay the interest and special allowance
on such loan as due for a period not in excess of 36
consecutive months. The Secretary may not pay interest
or any special allowance on such a loan out of any
funds other than funds that have been so transferred.
(2) Forbearance.--During the period in which the
Secretary is making payments on a loan under paragraph
(1), the lender shall grant the borrower forbearance in
accordance with the guaranty agreement under subsection
(c)(3)(A)(i)(IV).
(3) Special allowance defined.--For the purposes of
this subsection, the term ``special allowance'', means
a special allowance that is payable with respect to a
loan under section 438.
SEC. 455. TERMS AND CONDITIONS OF LOANS.
[20 U.S.C. 1087e]
* * * * * * *
(l) [Armed Forces Student Loan Interest Payment Program]
Armed Forces and NOAA Commissioned Officer Corps Student Loan
Interest Payment Programs.--
(1) Authority.--Using funds received by transfer to
the Secretary under section 2174 of title 10, United
States Code, or section 264 of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps
Act of 2002 for the payment of interest on a loan made
under this part to a member of the Armed Forces or an
officer in the commissioned officer corps of the
National Oceanic and Atmospheric Administration, the
Secretary shall pay the interest on the loan as due for
a period not in excess of 36 consecutive months. The
Secretary may not pay interest on such a loan out of
any funds other than funds that have been so
transferred.
(2) Forbearance.--During the period in which the
Secretary is making payments on a loan under paragraph
(1), the Secretary shall grant the borrower
forbearance, in the form of a temporary cessation of
all payments on the loan other than the payments of
interest on the loan that are made under that
paragraph.
* * * * * * *
SEC. 464. TERMS OF LOANS.
[20 U.S.C. 1087dd]
* * * * * * *
(j) [Armed Forces Student Loan Interest Payment Program]
Armed Forces and NOAA Commissioned Officer Corps Student Loan
Interest Payment Programs.--
(1) Authority.--Using funds received by transfer to
the Secretary under section 2174 of title 10, United
States Code, or section 264 of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps
Act of 2002 for the payment of interest on a loan made
under this part to a member of the Armed Forces or an
officer in the commissioned officer corps of the
National Oceanic and Atmospheric Administration, the
Secretary shall pay the interest on the loan as due for
a period not in excess of 36 consecutive months. The
Secretary may not pay interest on such a loan out of
any funds other than funds that have been so
transferred.
(2) Forbearance.--During the period in which the
Secretary is making payments on a loan under paragraph
(1), the institution of higher education shall grant
the borrower forbearance in accordance with subsection
(e)(1)(C).
(k) The Secretary may develop such additional safeguards as
the Secretary determines necessary to prevent fraud and abuse
in the cancellation of liability under subsection (c)(1)(F).
Notwithstanding subsection (c)(1)(F), the Secretary may
promulgate regulations to resume collection on loans cancelled
under subsection (c)(1)(F) in any case in which--
(1) a borrower received a cancellation of liability
under subsection (c)(1)(F) and after the cancellation
the borrower--
(A) receives a loan made, insured, or
guaranteed under this title; or
(B) has earned income in excess of the
poverty line; or
(2) the Secretary determines necessary.
HYDROELECTRIC SERVICES IMPROVEMENT ACT OF 1998
[Public Law 105-384; 112 Stat. 3457]
SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
[33 U.S.C. 892d]
[There are]
(a) In General.--There are authorized to be appropriated to
the Administrator the following:
(1) To carry out nautical mapping and charting
functions under sections 304 and 305, except for
conducting hydrographic [surveys--]
[(A) $55,000,000 for fiscal year 2009;
[(B) $56,000,000 for fiscal year 2010;
[(C) $57,000,000 for fiscal year 2011; and
[(D) $58,000,000 for fiscal year 2012.]
surveys, $70,814,000 for each of fiscal years
2016 through 2020.
(2) To contract for hydrographic surveys under
section 304(b)(1), including the leasing or time
chartering of [vessels--]
[(A) $32,130,000 for fiscal year 2009;
[(B) $32,760,000 for fiscal year 2010;
[(C) $33,390,000 for fiscal year 2011; and
[(D) $34,020,000 for fiscal year 2012.]
vessels, $25,000,000 for each of fiscal years
2016 through 2020.
(3) To operate hydrographic survey vessels owned by
the United States and operated by the [Administration--
]
[(A) $25,900,000 for fiscal year 2009;
[(B) $26,400,000 for fiscal year 2010;
[(C) $26,900,000 for fiscal year 2011; and
[(D) $27,400,000 for fiscal year 2012.]
Administration, $29,932,000 for each of
fiscal years 2016 through 2020.
(4) To carry out geodetic functions under this
[title--]
[(A) $32,640,000 for fiscal year 2009;
[(B) $33,280,000 for fiscal year 2010;
[(C) $33,920,000 for fiscal year 2011; and
[(D) $34,560,000 for fiscal year 2012.]
title, $26,800,000 for each of fiscal years
2016 through 2020.
(5) To carry out tide and current measurement
functions under this [title--]
[(A) $27,000,000 for fiscal year 2009;
[(B) $27,500,000 for fiscal year 2010;
[(C) $28,000,000 for fiscal year 2011; and
[(D) $28,500,000 for fiscal year 2012.]
title, $30,564,000 for each of fiscal years
2016 through 2020.
(6) To acquire a replacement hydrographic survey
vessel capable of staying at sea continuously for at
least 30 days $75,000,000.
(b) Arctic Programs.--Of the amount authorized by this
section for each fiscal year--
(1) $10,000,000 is authorized for use--
(A) to acquire hydrographic data;
(B) to provide hydrographic services;
(C) to conduct coastal change analyses
necessary to ensure safe navigation;
(D) to improve the management of coastal
change in the Arctic; and
(E) to reduce risks of harm to Alaska Native
subsistence and coastal communities associated
with increased international maritime traffic;
and
(2) $2,000,000 is authorized for use to acquire
hydrographic data and provide hydrographic services in
the Arctic necessary to delineate the United States
extended Continental Shelf.
(c) Limitation on Administrative Expenses for Surveys.--Of
amounts authorized by this section for each fiscal year for
contract hydrographic surveys, not more than 5 percent is
authorized for administrative costs associated with contract
management.
[all]