[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.
---------------------------------------------------------------------------
    \1\NOAA, Office of the Chief Administrative Office, Civil Rights 
Office: http://www.eeo.noaa.gov/.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \2\NOAA, Civil Rights Office Diversity Program Managers: http://
www.eeo.noaa.gov/eeo-managers-and-counselors.html.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \4\P.L. 107-372.
    \5\NOS Hydrographic Surveys Specifications and Deliverables. May 
2015. http://www.nauticalcharts.noaa.gov/hsd/specs/Specs_2015.pdf.
---------------------------------------------------------------------------
    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
----------------------------------------------------------------------------------------------------------------
                                 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]