    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-259
    116th Congress

    An Act

    To reauthorize and amend the National Oceanic and Atmospheric
    Administration Commissioned Officer Corps Act of 2002, and for other
    purposes. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <>  Short Title.--This Act may be cited
    as the ``National Oceanic and Atmospheric Administration Commissioned
    Officer Corps Amendments Act of 2020''.

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

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

    TITLE I--GENERAL PROVISIONS

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

    TITLE II--PARITY AND RECRUITMENT

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

    TITLE III--APPOINTMENTS AND PROMOTION OF OFFICERS

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

    TITLE IV--SEPARATION AND RETIREMENT OF OFFICERS

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

    [[Page 1154]]

    TITLE V--OTHER NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION MATTERS

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

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

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

    TITLE I--GENERAL PROVISIONS

    SEC. 101. STRENGTH AND DISTRIBUTION IN GRADE.

    Section 214 (33 U.S.C. 3004) is amended to read as follows:
    ``SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.

    ``(a) Grades.--The commissioned grades in the commissioned officer
    corps of the Administration are the following, in relative rank with
    officers of the Navy:
    ``(1) Vice admiral.
    ``(2) Rear admiral.
    ``(3) Rear admiral (lower half).
    ``(4) Captain.
    ``(5) Commander.
    ``(6) Lieutenant commander.
    ``(7) Lieutenant.
    ``(8) Lieutenant (junior grade).
    ``(9) Ensign.

    ``(b) Grade Distribution.--The Secretary shall prescribe, with
    respect to the distribution on the lineal list in grade, the percentages
    applicable to the grades set forth in subsection (a).
    ``(c) Annual Computation of Number in Grade.--
    ``(1) <>  In general.--Not less
    frequently than once each year, the Secretary shall make a
    computation to determine the number of officers on the lineal
    list authorized to be serving in each grade.
    ``(2) Method of computation.--The number in each grade shall
    be computed by applying the applicable percentage to the total
    number of such officers serving on active duty on the date the
    computation is made.
    ``(3) Fractions.--If a final fraction occurs in computing
    the authorized number of officers in a grade, the nearest whole
    number shall be taken. If the fraction is one-half, the next
    higher whole number shall be taken.

    ``(d) Temporary Increase in Numbers.--The total number of officers
    authorized by law to be on the lineal list during a fiscal year may be
    temporarily exceeded if the average number on that list during that
    fiscal year does not exceed the authorized number.
    ``(e) Positions of Importance and Responsibility.--Officers serving
    in positions designated under section 228(a) and officers

    [[Page 1155]]

    recalled from retired status shall not be counted when computing
    authorized strengths under subsection (c) and shall not count against
    those strengths.
    ``(f) Preservation of Grade and Pay.--No officer may be reduced in
    grade or pay or separated from the commissioned officer corps of the
    Administration as the result of a computation made to determine the
    authorized number of officers in the various grades.''.
    SEC. 102. RECALLED OFFICERS.

    (a) In General.--Section 215 (33 U.S.C. 3005) is amended to read as
    follows:
    ``SEC. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFICERS.

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

    (b) Clerical Amendment.--The table of contents in section 1 of the
    Act entitled ``An Act to reauthorize the Hydrographic Services
    Improvement Act of 1998, and for other purposes'' (Public Law 107-
    372) <>  is amended by striking the item relating
    to section 215 and inserting the following:

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

    SEC. 103. OBLIGATED SERVICE REQUIREMENT.

    (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.) is amended by
    adding at the end the following:
    ``SEC. 216. <>  OBLIGATED SERVICE REQUIREMENT.

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

    ``(b) Repayment for Failure to Satisfy Requirements.--
    ``(1) In general.--The Secretary may require an officer who
    fails to meet the service requirements prescribed under
    subsection (a)(1) to reimburse the Secretary in an amount that
    bears the same ratio to the total costs of the training provided
    to that officer by the Secretary as the unserved portion of
    active duty bears to the total period of active duty the officer
    agreed to serve.

    [[Page 1156]]

    ``(2) Obligation as debt to united states.--An obligation to
    reimburse the Secretary under paragraph (1) is, for all
    purposes, a debt owed to the United States.
    ``(3) <>  Discharge in bankruptcy.--A
    discharge in bankruptcy under title 11 that is entered less than
    five years after the termination of a written agreement entered
    into under subsection (a)(2) does not discharge the individual
    signing the agreement from a debt arising under such agreement.

    ``(c) Waiver or Suspension of Compliance.--The Secretary may waive
    the service obligation of an officer who--
    ``(1) becomes unqualified to serve on active duty in the
    commissioned officer corps of the Administration because of a
    circumstance not within the control of that officer; or
    ``(2) is--
    ``(A) not physically qualified for appointment; and
    ``(B) determined to be unqualified for service in
    the commissioned officer corps of the Administration
    because of a physical or medical condition that was not
    the result of the officer's own misconduct or grossly
    negligent conduct.''.

    (b) Clerical Amendment.--The table of contents in section 1 of the
    Act entitled ``An Act to reauthorize the Hydrographic Services
    Improvement Act of 1998, and for other purposes'' (Public Law 107-
    372) <>  is amended by inserting after the item
    relating to section 215 the following:

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

    SEC. 104. TRAINING AND PHYSICAL FITNESS.

    (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as amended by
    section 103(a), is further amended by adding at the end the following:
    ``SEC. 217. <>  TRAINING AND PHYSICAL FITNESS.

    ``(a) Training.--The Secretary may take such measures as may be
    necessary to ensure that officers are prepared to carry out their duties
    in the commissioned officer corps of the Administration and proficient
    in the skills necessary to carry out such duties. Such measures may
    include the following:
    ``(1) Carrying out training programs and correspondence
    courses, including establishing and operating a basic officer
    training program to provide initial indoctrination and maritime
    vocational training for officer candidates as well as refresher
    training, mid-career training, aviation training, and such other
    training as the Secretary considers necessary for officer
    development and proficiency.
    ``(2) Providing officers and officer candidates with
    educational materials.
    ``(3) Acquiring such equipment as may be necessary for
    training and instructional purposes.

    ``(b) Physical Fitness.--The Secretary shall ensure that officers
    maintain a high physical state of readiness by establishing standards of
    physical fitness for officers that are substantially equivalent to those
    prescribed for officers in the Coast Guard.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the
    Act entitled ``An Act to reauthorize the Hydrographic Services
    Improvement Act of 1998, and for other purposes'' (Public

    [[Page 1157]]

    Law 107-372), as amended by section 103(b), is further amended by
    inserting after the item relating to section 216 the following:

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

    SEC. 105. AVIATION ACCESSION TRAINING PROGRAMS.

    (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as amended by
    section 104(a), is further amended by adding at the end the following:
    ``SEC. 218. <>  AVIATION ACCESSION TRAINING
    PROGRAMS.

    ``(a) Definitions.--In this section:
    ``(1) Administrator.--The term `Administrator' means the
    Under Secretary of Commerce for Oceans and Atmosphere and the
    Administrator of the National Oceanic and Atmospheric
    Administration.
    ``(2) Member of the program.--The term `member of the
    program' means a student who is enrolled in the program.
    ``(3) Program.--The term `program' means an aviation
    accession training program of the commissioned officer corps of
    the Administration established pursuant to subsection (b).

    ``(b) Aviation Accession Training Programs.--
    ``(1) <>  Establishment authorized.--The
    Administrator, under regulations prescribed by the Secretary,
    shall establish and maintain one or more aviation accession
    training programs for the commissioned officer corps of the
    Administration at institutions described in paragraph (2).
    ``(2) Institutions described.--An institution described in
    this paragraph is an educational institution--
    ``(A) that requests to enter into an agreement with
    the Administrator providing for the establishment of the
    program at the institution;
    ``(B) that has, as a part of its curriculum, a four-
    year baccalaureate program of professional flight and
    piloting instruction that is accredited by the Aviation
    Accreditation Board International;
    ``(C) that is located in a geographic area that--
    ``(i) experiences a wide variation in climate-
    related activity, including frequent high winds,
    convective activity (including tornadoes), periods
    of low visibility, heat, and snow and ice
    episodes, to provide opportunities for pilots to
    demonstrate skill in all weather conditions
    compatible with future encounters during their
    service in the commissioned officer corps of the
    Administration; and
    ``(ii) has a climate that can accommodate both
    primary and advanced flight training activity at
    least 75 percent of the year; and
    ``(D) <>  at which the
    Administrator determines that--
    ``(i) there will be at least one student
    enrolled in the program; and
    ``(ii) the provisions of this section are
    otherwise satisfied.
    ``(3) Limitations in connection with particular
    institutions.--The program may not be established or maintained
    at an institution unless--
    ``(A) the senior commissioned officer or employee of
    the commissioned officer corps of the Administration who

    [[Page 1158]]

    is assigned as an advisor to the program at that
    institution is given the academic rank of adjunct
    professor; and
    ``(B) the institution fulfills the terms of its
    agreement with the Administrator.
    ``(4) Membership in connection with status as student.--At
    institutions at which the program is established, the membership
    of students in the program shall be elective, as provided by
    State law or the authorities of the institution concerned.

    ``(c) Membership.--
    ``(1) Eligibility.--To be eligible for membership in the
    program, an individual must--
    ``(A) be a student at an institution at which the
    program is established;
    ``(B) be a citizen of the United States;
    ``(C) contract in writing, with the consent of a
    parent or guardian if a minor, with the Administrator,
    to--
    ``(i) accept an appointment, if offered, as a
    commissioned officer in the commissioned officer
    corps of the Administration; and
    ``(ii) <>  serve in the
    commissioned officer corps of the Administration
    for not fewer than four years;
    ``(D) enroll in--
    ``(i) a four-year baccalaureate program of
    professional flight and piloting instruction; and
    ``(ii) other training or education, including
    basic officer training, which is prescribed by the
    Administrator as meeting the preliminary
    requirement for admission to the commissioned
    officer corps of the Administration; and
    ``(E) execute a certificate or take an oath relating
    to morality and conduct in such form as the
    Administrator prescribes.
    ``(2) Completion of program.--A member of the program may be
    appointed as a regular officer in the commissioned officer corps
    of the Administration if the member meets all requirements for
    appointment as such an officer.

    ``(d) Financial Assistance for Qualified Members.--
    ``(1) Expenses of course of instruction.--
    ``(A) In general.--In the case of a member of the
    program who meets such qualifications as the
    Administrator establishes for purposes of this
    subsection, the Administrator may pay the expenses of
    the member in connection with pursuit of a course of
    professional flight and piloting instruction under the
    program, including tuition, fees, educational materials
    such as books, training, certifications, travel, and
    laboratory expenses.
    ``(B) Assistance after fourth academic year.--In the
    case of a member of the program described in
    subparagraph (A) who is enrolled in a course described
    in that subparagraph that has been approved by the
    Administrator and requires more than four academic years
    for completion, including elective requirements of the
    program, assistance under this subsection may also be
    provided during a fifth academic year or during a
    combination of a part of a fifth academic year and
    summer sessions.

    [[Page 1159]]

    ``(2) Room and board.--In the case of a member eligible to
    receive assistance under paragraph (1), the Administrator may,
    in lieu of payment of all or part of such assistance, pay the
    room and board expenses of the member, and other educational
    expenses, of the educational institution concerned.
    ``(3) Failure to complete program or accept commission.--A
    member of the program who receives assistance under this
    subsection and who does not complete the course of instruction,
    or who completes the course but declines to accept a commission
    in the commissioned officer corps of the Administration when
    offered, shall be subject to the repayment provisions of
    subsection (e).

    ``(e) Repayment of Unearned Portion of Financial Assistance When
    Conditions of Payment Not Met.--
    ``(1) <>  In general.--A member of the
    program who receives or benefits from assistance under
    subsection (d), and whose receipt of or benefit from such
    assistance is subject to the condition that the member fully
    satisfy the requirements of subsection (c), shall repay to the
    United States an amount equal to the assistance received or
    benefitted from if the member fails to fully satisfy such
    requirements and may not receive or benefit from any unpaid
    amounts of such assistance after the member fails to satisfy
    such requirements, unless the Administrator determines that the
    imposition of the repayment requirement and the termination of
    payment of unpaid amounts of such assistance with regard to the
    member would be--
    ``(A) contrary to a personnel policy or management
    objective;
    ``(B) against equity and good conscience; or
    ``(C) contrary to the best interests of the United
    States.
    ``(2) <>  Regulations.--The Administrator
    may establish, by regulations, procedures for determining the
    amount of the repayment required under this subsection and the
    circumstances under which an exception to repayment may be
    granted. The Administrator may specify in the regulations the
    conditions under which financial assistance to be paid to a
    member of the program will not be made if the member no longer
    satisfies the requirements in subsection (c) or qualifications
    in subsection (d) for such assistance.
    ``(3) Obligation as debt to united states.--An obligation to
    repay the United States under this subsection is, for all
    purposes, a debt owed to the United States.''.

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

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

    SEC. 106. RECRUITING MATERIALS.

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

    [[Page 1160]]

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

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

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

    SEC. 107. TECHNICAL CORRECTION.

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

    TITLE II--PARITY AND RECRUITMENT

    SEC. 201. EDUCATION LOANS.

    (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is amended by
    adding at the end the following:
    ``SEC. 267. <>  EDUCATION LOAN REPAYMENT
    PROGRAM.

    ``(a) Authority To Repay Education Loans.--For the purpose of
    maintaining adequate numbers of officers of the commissioned officer
    corps of the Administration on active duty who have skills required by
    the commissioned officer corps, the Secretary may repay, in the case of
    a person described in subsection (b), a loan that--
    ``(1) was used by the person to finance education; and
    ``(2) was obtained from a governmental entity, private
    financial institution, educational institution, or other
    authorized entity.

    ``(b) Eligible Persons.--To be eligible to obtain a loan repayment
    under this section, a person must--
    ``(1) satisfy one of the requirements specified in
    subsection (c);
    ``(2) be fully qualified for, or hold, an appointment as a
    commissioned officer in the commissioned officer corps of the
    Administration; and
    ``(3) sign a written agreement to serve on active duty, or,
    if on active duty, to remain on active duty for a period in
    addition to any other incurred active duty obligation.

    ``(c) <>  Academic and Professional
    Requirements.--One of the following academic requirements must be
    satisfied for purposes of determining the eligibility of an individual
    for a loan repayment under this section:
    ``(1) The person is fully qualified in a profession that the
    Secretary has determined to be necessary to meet identified
    skill shortages in the commissioned officer corps of the
    Administration.
    ``(2) The person is enrolled as a full-time student in the
    final year of a course of study at an accredited educational

    [[Page 1161]]

    institution (as determined by the Secretary of Education)
    leading to a degree in a profession that will meet identified
    skill shortages in the commissioned officer corps of the
    Administration.

    ``(d) Loan Repayments.--
    ``(1) In general.--Subject to the limits established under
    paragraph (2), a loan repayment under this section may consist
    of the payment of the principal, interest, and related expenses
    of a loan obtained by a person described in subsection (b).
    ``(2) Limitation on amount.--For each year of obligated
    service that a person agrees to serve in an agreement described
    in subsection (b)(3), the Secretary may pay not more than the
    amount specified in section 2173(e)(2) of title 10, United
    States Code.

    ``(e) Active Duty Service Obligation.--
    ``(1) In general.--A person entering into an agreement
    described in subsection (b)(3) incurs an active duty service
    obligation.
    ``(2) Length of obligation determined under regulations.--
    ``(A) In general.--Except as provided in
    subparagraph (B), the length of the obligation under
    paragraph (1) shall be determined under regulations
    prescribed by the Secretary.
    ``(B) Minimum obligation.--The regulations
    prescribed under subparagraph (A) may not provide for a
    period of obligation of less than one year for each
    maximum annual amount, or portion thereof, paid on
    behalf of the person for qualified loans.
    ``(3) Persons on active duty before entering into
    agreement.--The active duty service obligation of persons on
    active duty before entering into the agreement shall be served
    after the conclusion of any other obligation incurred under the
    agreement.
    ``(4) Concurrent completion of service obligations.--A
    service obligation under this section may be completed
    concurrently with a service obligation under section 216.

    ``(f) Effect of Failure To Complete Obligation.--
    ``(1) Alternative obligations.--An officer who is relieved
    of the officer's active duty obligation under this section
    before the completion of that obligation may be given any
    alternative obligation, at the discretion of the Secretary.
    ``(2) Repayment.--An officer who does not complete the
    period of active duty specified in the agreement entered into
    under subsection (b)(3), or the alternative obligation imposed
    under paragraph (1), shall be subject to the repayment
    provisions under section 216.

    ``(g) Rulemaking.--The Secretary shall prescribe regulations to
    carry out this section, including--
    ``(1) standards for qualified loans and authorized payees;
    and
    ``(2) other terms and conditions for the making of loan
    repayments.''.

    (b) Clerical Amendment.--The table of contents in section 1 of the
    Act entitled ``An Act to reauthorize the Hydrographic Services
    Improvement Act of 1998, and for other purposes'' (Public

    [[Page 1162]]

    Law 107-372) <>  is amended by inserting after
    the item relating to section 266 the following:

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

    SEC. 202. INTEREST PAYMENTS.

    (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as amended by
    section 201(a), is further amended by adding at the end the following:
    ``SEC. 268. <>  INTEREST PAYMENT PROGRAM.

    ``(a) Authority.--The Secretary may pay the interest and any special
    allowances that accrue on one or more student loans of an eligible
    officer, in accordance with this section.
    ``(b) Eligible Officers.--An officer is eligible for the benefit
    described in subsection (a) while the officer--
    ``(1) is serving on active duty;
    ``(2) <>  has not completed more than
    three years of service on active duty;
    ``(3) is the debtor on one or more unpaid loans described in
    subsection (c); and
    ``(4) is not in default on any such loan.

    ``(c) Student Loans.--The authority to make payments under
    subsection (a) may be exercised with respect to the following loans:
    ``(1) A loan made, insured, or guaranteed under part B of
    title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et
    seq.).
    ``(2) A loan made under part D of such title (20 U.S.C.
    1087a et seq.).
    ``(3) A loan made under part E of such title (20 U.S.C.
    1087aa et seq.).

    ``(d) Maximum Benefit.--Interest and any special allowance may be
    paid on behalf of an officer under this section for any of the 36
    consecutive months during which the officer is eligible under subsection
    (b).
    ``(e) Coordination With Secretary of Education.--
    ``(1) <>  In general.--The Secretary
    shall consult with the Secretary of Education regarding the
    administration of this section.
    ``(2) Reimbursement authorized.--The Secretary is authorized
    to reimburse the Secretary of Education--
    ``(A) for the funds necessary to pay interest and
    special allowances on student loans under this section
    (in accordance with sections 428(o), 455(l), and 464(j)
    of the Higher Education Act of 1965 (20 U.S.C. 1078(o),
    1087e(l), and 1087dd(j)); and
    ``(B) for any reasonable administrative costs
    incurred by the Secretary of Education in coordinating
    the program under this section with the administration
    of the student loan programs under parts B, D, and E of
    title IV of the Higher Education Act of 1965 (20 U.S.C.
    1071 et seq., 1087a et seq., 1087aa et seq.).

    ``(f) Special Allowance Defined.--In this section, the term `special
    allowance' means a special allowance that is payable under section 438
    of the Higher Education Act of 1965 (20 U.S.C. 1087-1).''.
    (b) Conforming Amendments.--

    [[Page 1163]]

    (1) Section 428(o) of the Higher Education Act of 1965 (20
    U.S.C. 1078(o)) is amended--
    (A) by striking the subsection heading and inserting
    ``Armed Forces and NOAA Commissioned Officer Corps
    Student Loan Interest Payment Programs''; and
    (B) in paragraph (1)--
    (i) by inserting ``or section 268 of the
    National Oceanic and Atmospheric Administration
    Commissioned Officer Corps Act of 2002'' after
    ``Code,''; and
    (ii) by inserting ``or an officer in the
    commissioned officer corps of the National Oceanic
    and Atmospheric Administration, respectively,''
    after ``Armed Forces''.
    (2) Sections 455(l) and 464(j) of the Higher Education Act
    of 1965 (20 U.S.C. 1087e(l) and 1087dd(j)) are each amended--
    (A) by striking the subsection heading and inserting
    ``Armed Forces and NOAA Commissioned Officer Corps
    Student Loan Interest Payment Programs''; and
    (B) in paragraph (1)--
    (i) by inserting ``or section 268 of the
    National Oceanic and Atmospheric Administration
    Commissioned Officer Corps Act of 2002'' after
    ``Code,''; and
    (ii) by inserting ``or an officer in the
    commissioned officer corps of the National Oceanic
    and Atmospheric Administration, respectively''
    after ``Armed Forces''.

    (c) Clerical Amendment.--The table of contents in section 1 of the
    Act entitled ``An Act to reauthorize the Hydrographic Services
    Improvement Act of 1998, and for other purposes'' (Public Law 107-372),
    as amended by section 201(b), is further amended by inserting after the
    item relating to section 267 the following:

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

    SEC. 203. STUDENT PRE-COMMISSIONING PROGRAM.

    (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as amended by
    section 202(a), is further amended by adding at the end the following:
    ``SEC. 269. <>  STUDENT PRE-COMMISSIONING
    EDUCATION ASSISTANCE PROGRAM.

    ``(a) <>  Authority To Provide Financial
    Assistance.--For the purpose of maintaining adequate numbers of officers
    of the commissioned officer corps of the Administration on active duty,
    the Secretary may provide financial assistance to a person described in
    subsection (b) for expenses of the person while the person is pursuing
    on a full-time basis at an accredited educational institution (as
    determined by the Secretary of Education) a program of education
    approved by the Secretary that leads to--
    ``(1) a baccalaureate degree in not more than five academic
    years; or
    ``(2) a postbaccalaureate degree.

    ``(b) Eligible Persons.--
    ``(1) In general.--A person is eligible to obtain financial
    assistance under subsection (a) if the person--
    ``(A) is enrolled on a full-time basis in a program
    of education referred to in subsection (a) at any
    educational institution described in such subsection;

    [[Page 1164]]

    ``(B) meets all of the requirements for acceptance
    into the commissioned officer corps of the
    Administration except for the completion of a
    baccalaureate degree; and
    ``(C) enters into a written agreement with the
    Secretary described in paragraph (2).
    ``(2) Agreement.--A written agreement referred to in
    paragraph (1)(C) is an agreement between the person and the
    Secretary in which the person--
    ``(A) agrees to accept an appointment as an officer,
    if tendered; and
    ``(B) <>  upon completion of
    the person's educational program, agrees to serve on
    active duty, immediately after appointment, for--
    ``(i) up to three years if the person received
    less than three years of assistance; and
    ``(ii) up to five years if the person received
    at least three years of assistance.

    ``(c) Qualifying Expenses.--Expenses for which financial assistance
    may be provided under subsection (a) are the following:
    ``(1) Tuition and fees charged by the educational
    institution involved.
    ``(2) The cost of educational materials.
    ``(3) In the case of a program of education leading to a
    baccalaureate degree, laboratory expenses.
    ``(4) Such other expenses as the Secretary considers
    appropriate.

    ``(d) Limitation on Amount.--The Secretary shall prescribe the
    amount of financial assistance provided to a person under subsection
    (a), which may not exceed the amount specified in section 2173(e)(2) of
    title 10, United States Code, for each year of obligated service that a
    person agrees to serve in an agreement described in subsection (b)(2).
    ``(e) Duration of Assistance.--Financial assistance may be provided
    to a person under subsection (a) for not more than five consecutive
    academic years.
    ``(f) Subsistence Allowance.--
    ``(1) In general.--A person who receives financial
    assistance under subsection (a) shall be entitled to a monthly
    subsistence allowance at a rate prescribed under paragraph (2)
    for the duration of the period for which the person receives
    such financial assistance.
    ``(2) Determination of amount.--The Secretary shall
    prescribe monthly rates for subsistence allowance provided under
    paragraph (1), which shall be equal to the amount specified in
    section 2144(a) of title 10, United States Code.

    ``(g) Initial Clothing Allowance.--
    ``(1) Training.--The Secretary may prescribe a sum which
    shall be credited to each person who receives financial
    assistance under subsection (a) to cover the cost of the
    person's initial clothing and equipment issue.
    ``(2) Appointment.--Upon completion of the program of
    education for which a person receives financial assistance under
    subsection (a) and acceptance of appointment in the commissioned
    officer corps of the Administration, the person may be issued a
    subsequent clothing allowance equivalent to that normally
    provided to a newly appointed officer.

    ``(h) Termination of Financial Assistance.--

    [[Page 1165]]

    ``(1) In general.--The Secretary shall terminate the
    assistance provided to a person under this section if--
    ``(A) the Secretary accepts a request by the person
    to be released from an agreement described in subsection
    (b)(2);
    ``(B) the misconduct of the person results in a
    failure to complete the period of active duty required
    under the agreement; or
    ``(C) the person fails to fulfill any term or
    condition of the agreement.
    ``(2) Reimbursement.--The Secretary may require a person who
    receives assistance described in subsection (c), (f), or (g)
    under an agreement entered into under subsection (b)(1)(C) to
    reimburse the Secretary in an amount that bears the same ratio
    to the total costs of the assistance provided to that person as
    the unserved portion of active duty bears to the total period of
    active duty the officer agreed to serve under the agreement.
    ``(3) Waiver.--The Secretary may waive the service
    obligation of a person through an agreement entered into under
    subsection (b)(1)(C) if the person--
    ``(A) becomes unqualified to serve on active duty in
    the commissioned officer corps of the Administration
    because of a circumstance not within the control of that
    person; or
    ``(B) is--
    ``(i) not physically qualified for
    appointment; and
    ``(ii) <>  determined to
    be unqualified for service in the commissioned
    officer corps of the Administration because of a
    physical or medical condition that was not the
    result of the person's own misconduct or grossly
    negligent conduct.
    ``(4) Obligation as debt to united states.--An obligation to
    reimburse the Secretary imposed under paragraph (2) is, for all
    purposes, a debt owed to the United States.
    ``(5) Discharge in bankruptcy.--A discharge in bankruptcy
    under title 11, United States Code, that is entered less than
    five years after the termination of a written agreement entered
    into under subsection (b)(1)(C) does not discharge the person
    signing the agreement from a debt arising under such agreement
    or under paragraph (2).

    ``(i) Regulations.--The Secretary may prescribe such regulations and
    orders as the Secretary considers appropriate to carry out this section.
    ``(j) Concurrent Completion of Service Obligations.--A service
    obligation under this section may be completed concurrently with a
    service obligation under section 216.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the
    Act entitled ``An Act to reauthorize the Hydrographic Services
    Improvement Act of 1998, and for other purposes'' (Public Law 107-372),
    as amended by section 202(c), is further amended by inserting after the
    item relating to section 268 the following:

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

    SEC. 204. <>  LIMITATION ON EDUCATIONAL
    ASSISTANCE.

    (a) <>  In General.--Each fiscal year,
    beginning with the fiscal year in which this Act is enacted, the
    Secretary of Commerce shall ensure that the total amount expended by the
    Secretary

    [[Page 1166]]

    under section 267 of the National Oceanic and Atmospheric Administration
    Commissioned Officer Corps Act of 2002 (as added by section 201(a)),
    section 268 of such Act (as added by section 202(a)), and section 269 of
    such Act (as added by section 203(a)) does not exceed the amount by
    which--
    (1) the total amount the Secretary would pay in that fiscal
    year to officer candidates under section 203(f)(1) of title 37,
    United States Code (as added by section 305(d)), if such section
    entitled officer candidates to pay at monthly rates equal to the
    basic pay of a commissioned officer in the pay grade O-1 with
    less than 2 years of service, exceeds
    (2) the total amount the Secretary actually pays in that
    fiscal year to officer candidates under section 203(f)(1) of
    such title (as so added).

    (b) Officer Candidate Defined.--In this section, the term ``officer
    candidate'' has the meaning given the term in paragraph (4) of section
    212(b) of the National Oceanic and Atmospheric Administration
    Commissioned Officer Corps Act of 2002 (33 U.S.C. 3002), as added by
    section 305(c).
    SEC. 205. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, UNITED
    STATES CODE, AND EXTENSION OF CERTAIN
    AUTHORITIES APPLICABLE TO MEMBERS OF THE
    ARMED FORCES TO COMMISSIONED OFFICER
    CORPS.

    (a) Applicability of Certain Provisions of Title 10.--Section 261(a)
    (33 U.S.C. 3071(a)) is amended--
    (1) by redesignating paragraphs (13) through (16) as
    paragraphs (22) through (25), respectively;
    (2) by redesignating paragraphs (7) through (12) as
    paragraphs (14) through (19), respectively;
    (3) by redesignating paragraphs (4) through (6) as
    paragraphs (8) through (10), respectively;
    (4) by inserting after paragraph (3) the following:
    ``(4) Section 771, relating to unauthorized wearing of
    uniforms.
    ``(5) Section 774, relating to wearing religious apparel
    while in uniform.
    ``(6) Section 982, relating to service on State and local
    juries.
    ``(7) Section 1031, relating to administration of oaths.'';
    (5) by inserting after paragraph (10), as redesignated, the
    following:
    ``(11) Section 1074n, relating to annual mental health
    assessments.
    ``(12) Section 1090a, relating to referrals for mental
    health evaluations.
    ``(13) Chapter 58, relating to the Benefits and Services for
    members being separated or recently separated.''; and
    (6) by inserting after paragraph (19), as redesignated, the
    following:
    ``(20) Subchapter I of chapter 88, relating to Military
    Family Programs, applicable on an as-available and fully
    reimbursable basis.
    ``(21) Section 2005, relating to advanced education
    assistance, active duty agreements, and reimbursement
    requirements.''.

    (b) Extension of Certain Authorities.--

    [[Page 1167]]

    (1) Notarial services.--Section 1044a of title 10, United
    States Code, is amended--
    (A) in subsection (a)(1), by striking ``armed
    forces'' and inserting ``uniformed services''; and
    (B) in subsection (b)(4), by striking ``armed
    forces'' both places it appears and inserting
    ``uniformed services''.
    (2) Acceptance of voluntary services for programs serving
    members and their families.--Section 1588 of such title is
    amended--
    (A) in subsection (a)(3), in the matter before
    subparagraph (A), by striking ``armed forces'' and
    inserting ``uniformed services''; and
    (B) by adding at the end the following new
    subsection:

    ``(g) Secretary Concerned for Acceptance of Services for Programs
    Serving Members of NOAA Corps and Their Families.--For purposes of the
    acceptance of services described in subsection (a)(3), the term
    `Secretary concerned' in subsection (a) shall include the Secretary of
    Commerce with respect to members of the commissioned officer corps of
    the National Oceanic and Atmospheric Administration.''.
    (3) Capstone course for newly selected flag officers.--
    Section 2153 of such title is amended--
    (A) in subsection (a)--
    (i) by inserting ``or the commissioned officer
    corps of the National Oceanic and Atmospheric
    Administration'' after ``in the case of the
    Navy''; and
    (ii) by striking ``other armed forces'' and
    inserting ``other uniformed services''; and
    (B) in subsection (b)(1), in the matter before
    subparagraph (A), by inserting ``or the Secretary of
    Commerce, as applicable,'' after ``the Secretary of
    Defense''.
    SEC. 206. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, UNITED
    STATES CODE.

    (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is amended by
    inserting after section 261 the following:
    ``SEC. 261A. <>  APPLICABILITY OF CERTAIN
    PROVISIONS OF TITLE 37, UNITED STATES
    CODE.

    ``The provisions of law applicable to the Armed Forces under the
    following provisions of title 37, United States Code, shall apply to the
    commissioned officer corps of the Administration:
    ``(1) Section 403(l), relating to temporary continuation of
    housing allowance for dependents of members dying on active
    duty.
    ``(2) Section 415, relating to initial uniform allowances.
    ``(3) Section 488, relating to allowances for recruiting
    expenses.''.

    (b) Clerical Amendment.--The table of contents in section 1 of the
    Act entitled ``An Act to reauthorize the Hydrographic Services
    Improvement Act of 1998, and for other purposes'' (Public Law 107-
    372) <>  is amended by inserting after the item
    relating to section 261 the following:

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

    [[Page 1168]]

    SEC. 207. PROHIBITION ON RETALIATORY PERSONNEL ACTIONS.

    (a) In General.--Subsection (a) of section 261 (33 U.S.C. 3071), as
    amended by section 205(a), is further amended--
    (1) by redesignating paragraphs (8) through (25) as
    paragraphs (9) through (26), respectively; and
    (2) by inserting after paragraph (7) the following:
    ``(8) Section 1034, relating to protected communications and
    prohibition of retaliatory personnel actions.''.

    (b) Conforming Amendment.--Subsection (b) of such section 261 is
    amended by adding at the end the following: ``For purposes of paragraph
    (8) of subsection (a), the term `Inspector General' in section 1034 of
    such title 10 shall mean the Inspector General of the Department of
    Commerce.''.
    (c) Regulations.--Such section is further amended by adding at the
    end the following:
    ``(c) Regulations Regarding Protected Communications and Prohibition
    of Retaliatory Personnel Actions.--The Secretary may prescribe
    regulations to carry out the application of section 1034 of title 10,
    United States Code, to the commissioned officer corps of the
    Administration, including by prescribing such administrative procedures
    for investigation and appeal within the commissioned officer corps as
    the Secretary considers appropriate.''.
    SEC. 208. EMPLOYMENT AND REEMPLOYMENT RIGHTS.

    Section 4303(16) of title 38, United States Code, is amended by
    inserting ``the commissioned officer corps of the National Oceanic and
    Atmospheric Administration,'' after ``Public Health Service,''.
    SEC. 209. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER CORPS
    FOR PURPOSES OF CERTAIN HIRING DECISIONS.

    (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as amended by
    this Act, is further amended by adding at the end the following:
    ``SEC. 269A. <>  TREATMENT OF COMMISSION IN
    COMMISSIONED OFFICER CORPS AS EMPLOYMENT
    IN ADMINISTRATION FOR PURPOSES OF
    CERTAIN HIRING DECISIONS.

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

    [[Page 1169]]

    Law 107-372) is amended by inserting after the item relating to section
    269, as added by section 203(b), the following new item:

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

    TITLE III--APPOINTMENTS AND PROMOTION OF OFFICERS

    SEC. 301. APPOINTMENTS.

    (a) Original Appointments.--Section 221 (33 U.S.C. 3021) is amended
    to read as follows:
    ``SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINTMENTS.

    ``(a) Original Appointments.--
    ``(1) Grades.--
    ``(A) In general.--Except as provided in
    subparagraph (B), an original appointment of an officer
    may be made in such grades as may be appropriate for--
    ``(i) the qualification, experience, and
    length of service of the appointee; and
    ``(ii) the commissioned officer corps of the
    Administration.
    ``(B) Appointment of officer candidates.--
    ``(i) Limitation on grade.--An original
    appointment of an officer candidate, upon
    graduation from the basic officer training program
    of the commissioned officer corps of the
    Administration, may not be made in any other grade
    than ensign.
    ``(ii) Rank.--Officer candidates receiving
    appointments as ensigns upon graduation from the
    basic officer training program shall take rank
    according to their proficiency as shown by the
    order of their merit at date of graduation.
    ``(2) Source of appointments.--An original appointment may
    be made from among the following:
    ``(A) Graduates of the basic officer training
    program of the commissioned officer corps of the
    Administration.
    ``(B) Subject to the approval of the Secretary of
    Defense, graduates of the military service academies of
    the United States who otherwise meet the academic
    standards for enrollment in the training program
    described in subparagraph (A).
    ``(C) Graduates of the State maritime academies
    who--
    ``(i) otherwise meet the academic standards
    for enrollment in the training program described
    in subparagraph (A);
    ``(ii) completed at least three years of
    regimented training while at a State maritime
    academy; and
    ``(iii) obtained an unlimited tonnage or
    unlimited horsepower Merchant Mariner Credential
    from the United States Coast Guard.
    ``(D) Licensed officers of the United States
    merchant marine who have served two or more years aboard
    a vessel of the United States in the capacity of a
    licensed officer,

    [[Page 1170]]

    who otherwise meet the academic standards for enrollment
    in the training program described in subparagraph (A).
    ``(3) Definitions.--In this subsection:
    ``(A) Military service academies of the united
    states.--The term `military service academies of the
    United States' means the following:
    ``(i) The United States Military Academy, West
    Point, New York.
    ``(ii) The United States Naval Academy,
    Annapolis, Maryland.
    ``(iii) The United States Air Force Academy,
    Colorado Springs, Colorado.
    ``(iv) The United States Coast Guard Academy,
    New London, Connecticut.
    ``(v) The United States Merchant Marine
    Academy, Kings Point, New York.
    ``(B) State maritime academy.--The term `State
    maritime academy' has the meaning given the term in
    section 51102 of title 46, United States Code.

    ``(b) Reappointment.--
    ``(1) In general.--Except as provided in paragraph (2), an
    individual who previously served in the commissioned officer
    corps of the Administration may be appointed by the Secretary to
    the grade the individual held prior to separation.
    ``(2) <>  Reappointments to higher
    grades.--An appointment under paragraph (1) to a position of
    importance and responsibility designated under section 228 may
    only be made by the President.

    ``(c) <>  Qualifications.--An appointment under
    subsection (a) or (b) may not be given to an individual until the
    individual's mental, moral, physical, and professional fitness to
    perform the duties of an officer has been established under such
    regulations as the Secretary shall prescribe.

    ``(d) Order of Precedence.--Appointees under this section shall take
    precedence in the grade to which appointed in accordance with the dates
    of their commissions as commissioned officers in such grade. The order
    of precedence of appointees whose dates <>  of
    commission are the same shall be determined by the Secretary.

    ``(e) Inter-Service Transfers.--For inter-service transfers (as
    described in Department of Defense Directive 1300.4 (dated December 27,
    2006)) the Secretary shall--
    ``(1) <>  coordinate with the Secretary
    of Defense and the Secretary of the Department in which the
    Coast Guard is operating to promote and streamline inter-service
    transfers;
    ``(2) <>  give preference to such
    inter-service transfers for recruitment purposes as determined
    appropriate by the Secretary; and
    ``(3) reappoint such inter-service transfers to the
    equivalent grade in the commissioned officer corps of the
    Administration.''.

    (b) Clerical Amendment.--The table of contents in section 1 of the
    Act entitled ``An Act to reauthorize the Hydrographic Services
    Improvement Act of 1998, and for other purposes'' (Public Law 107-
    372) <>  is amended by striking the item relating
    to section 221 and inserting the following:

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

    [[Page 1171]]

    SEC. 302. PERSONNEL BOARDS.

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

    ``(a) <>  Convening.--Not less
    frequently than once each year and at such other times as the Secretary
    determines necessary, the Secretary shall convene a personnel board.

    ``(b) Membership.--
    ``(1) In general.--A board convened under subsection (a)
    shall consist of five or more officers who are serving in or
    above the permanent grade of the officers under consideration by
    the board.
    ``(2) Retired officers.--Officers on the retired list may be
    recalled to serve on such personnel boards as the Secretary
    considers necessary.
    ``(3) No membership on two successive boards.--No officer
    may be a member of two successive personnel boards convened to
    consider officers of the same grade for promotion or separation.

    ``(c) <>  Duties.--Each personnel board
    shall--
    ``(1) recommend to the Secretary such changes as may be
    necessary to correct any erroneous position on the lineal list
    that was caused by administrative error; and
    ``(2) make selections and recommendations to the Secretary
    and the President for the appointment, promotion, involuntary
    separation, continuation, and involuntary retirement of officers
    in the commissioned officer corps of the Administration as
    prescribed in this title.

    ``(d) <>  Action on Recommendations Not
    Acceptable.--If any recommendation by a board convened under subsection
    (a) is not accepted by the Secretary or the President, the board shall
    make such further recommendations as the Secretary or the President
    considers appropriate.

    ``(e) Authority for Officers to Opt Out of Promotion
    Consideration.--
    ``(1) In general.--The Director of the National Oceanic and
    Atmospheric Administration Commissioned Officer Corps may
    provide that an officer, upon the officer's request and with the
    approval of the Director, be excluded from consideration for
    promotion by a personnel board convened under this section.
    ``(2) <>  Approval.--The Director
    shall approve a request made by an officer under paragraph (1)
    only if--
    ``(A) the basis for the request is to allow the
    officer to complete a broadening assignment, advanced
    education, another assignment of significant value to
    the Administration, a career progression requirement
    delayed by the assignment or education, or a qualifying
    personal or professional circumstance, as determined by
    the Director;
    ``(B) the Director determines the exclusion from
    consideration is in the best interest of the
    Administration; and
    ``(C) the officer has not previously failed
    selection for promotion to the grade for which the
    officer requests the exclusion from consideration.''.
    SEC. 303. POSITIONS OF IMPORTANCE AND RESPONSIBILITY.

    Section 228 (33 U.S.C. 3028) is amended--

    [[Page 1172]]

    (1) <>  in subsection (c)--
    (A) in the first sentence, by striking ``The
    Secretary shall designate one position under this
    section'' and inserting ``The President shall designate
    one position''; and
    (B) in the second sentence, by striking ``That
    position shall be filled by'' and inserting ``The
    President shall fill that position by appointing, by and
    with the advice and consent of the Senate,'';
    (2) in subsection (d)(2), by inserting ``or immediately
    beginning a period of terminal leave'' after ``for which a
    higher grade is designated'';
    (3) by amending subsection (e) to read as follows:

    ``(e) Limit on Number of Officers Appointed.--The total number of
    officers serving on active duty at any one time in the grade of rear
    admiral (lower half) or above may not exceed five, with only one serving
    in the grade of vice admiral.''; and
    (4) in subsection (f), by inserting ``or in a period of
    annual leave used at the end of the appointment'' after
    ``serving in that grade''.
    SEC. 304. TEMPORARY APPOINTMENTS.

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

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

    ``(d) Any One Grade.--When determined by the Secretary to be in the
    best interest of the commissioned officer corps of the Administration,
    officers in any permanent grade may be temporarily promoted one grade by
    the President. Any such temporary promotion terminates upon the transfer
    of the officer to a new assignment.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the
    Act entitled ``An Act to reauthorize the Hydrographic Services
    Improvement Act of 1998, and for other purposes'' (Public Law 107-
    372) <>  is amended by striking the item relating
    to section 229 and inserting the following:

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

    SEC. 305. OFFICER CANDIDATES.

    (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.) is amended by
    adding at the end the following:
    ``SEC. 234. <>  OFFICER CANDIDATES.

    ``(a) Determination of Number.--The Secretary shall determine the
    number of appointments of officer candidates.
    ``(b) <>  Appointment.--Appointment of officer
    candidates shall be made under regulations, which the Secretary shall
    prescribe,

    [[Page 1173]]

    including regulations with respect to determining age limits, methods of
    selection of officer candidates, term of service as an officer candidate
    before graduation from the basic officer training program of the
    Administration, and all other matters affecting such appointment.

    ``(c) Dismissal.--The Secretary may dismiss from the basic officer
    training program of the Administration any officer candidate who, during
    the officer candidate's term as an officer candidate, the Secretary
    considers unsatisfactory in either academics or conduct, or not adapted
    for a career in the commissioned officer corps of the Administration.
    Officer candidates shall be subject to rules governing discipline
    prescribed by the Director of the National Oceanic and Atmospheric
    Administration Commissioned Officer Corps.
    ``(d) Agreement.--
    ``(1) In general.--Each officer candidate shall sign an
    agreement with the Secretary in accordance with section
    216(a)(2) regarding the officer candidate's term of service in
    the commissioned officer corps of the Administration.
    ``(2) Elements.--An agreement signed by an officer candidate
    under paragraph (1) shall provide that the officer candidate
    agrees to the following:
    ``(A) That the officer candidate will complete the
    course of instruction at the basic officer training
    program of the Administration.
    ``(B) That upon graduation from such program, the
    officer candidate--
    ``(i) will accept an appointment, if tendered,
    as an officer; and
    ``(ii) <>  will serve on
    active duty for at least four years immediately
    after such appointment.

    ``(e) Regulations.--The Secretary shall prescribe regulations to
    carry out this section. Such regulations shall include--
    ``(1) <>  standards for determining what
    constitutes a breach of an agreement signed under subsection
    (d)(1); and
    ``(2) <>  procedures for determining
    whether such a breach has occurred.

    ``(f) Repayment.--An officer candidate or former officer candidate
    who does not fulfill the terms of the obligation to serve as specified
    under subsection (d) shall be subject to the repayment provisions of
    section 216(b).''.
    (b) Clerical Amendment.--The table of contents in section 1 of the
    Act entitled ``An Act to reauthorize the Hydrographic Services
    Improvement Act of 1998, and for other purposes'' (Public Law 107-
    372) <>  is amended by inserting after the item
    relating to section 233 the following:

    ``Sec. 234. Officer candidates.''.

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

    [[Page 1174]]

    (d) Pay for Officer Candidates.--Section 203 of title 37, United
    States Code, is amended by adding at the end the following:
    ``(f)(1) An officer candidate enrolled in the basic officer training
    program of the commissioned officer corps of the National Oceanic and
    Atmospheric Administration is entitled, while participating in such
    program, to monthly officer candidate pay at monthly rates equal to the
    basic pay of an enlisted member in the pay grade E-5 with less than two
    years of service.
    ``(2) An individual who graduates from such program shall receive
    credit for the time spent participating in such program as if such time
    were time served while on active duty as a commissioned officer. If the
    individual does not graduate from such program, such time shall not be
    considered creditable for active duty or pay.''.
    SEC. 306. PROCUREMENT OF PERSONNEL.

    (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as amended by
    section 305(a), is further amended by adding at the end the following:
    ``SEC. 235. <>  PROCUREMENT OF PERSONNEL.

    ``The <>  Secretary may take such measures as
    the Secretary determines necessary in order to obtain recruits for the
    commissioned officer corps of the Administration, including
    advertising.''.

    (b) Clerical Amendment.--The table of contents in section 1 of the
    Act entitled ``An Act to reauthorize the Hydrographic Services
    Improvement Act of 1998, and for other purposes'' (Public Law 107-372),
    as amended by section 305(b), is further amended by inserting after the
    item relating to section 234 the following:

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

    SEC. 307. CAREER INTERMISSION PROGRAM.

    (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as amended by
    section 306(a), is further amended by adding at the end the following:
    ``SEC. 236. <>  CAREER FLEXIBILITY TO ENHANCE
    RETENTION OF OFFICERS.

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

    ``(c) Agreement.--Each officer who participates in a program under
    this section shall enter into a written agreement with the Secretary
    under which that officer shall agree as follows:

    [[Page 1175]]

    ``(1) <>  To undergo during the period
    of the inactivation of the officer from active duty under the
    program such inactive duty training as the Director of the
    National Oceanic and Atmospheric Administration Commissioned
    Officer Corps shall require in order to ensure that the officer
    retains proficiency, at a level determined by the Director to be
    sufficient, in the technical skills, professional
    qualifications, and physical readiness of the officer during the
    inactivation of the officer from active duty.
    ``(2) <>  Following completion of the
    period of the inactivation of the officer from active duty under
    the program, to serve two months on active duty for each month
    of the period of the inactivation of the officer from active
    duty under the program.

    ``(d) Conditions of Release.--The Secretary shall--
    ``(1) <>  prescribe
    regulations specifying the guidelines regarding the conditions
    of release that must be considered and addressed in the
    agreement required by subsection (c); and
    ``(2) <>  at a minimum,
    prescribe the procedures and standards to be used to instruct an
    officer on the obligations to be assumed by the officer under
    paragraph (1) of such subsection while the officer is released
    from active duty.

    ``(e) <>  Order to Active Duty.--Under
    regulations prescribed by the Secretary, an officer participating in a
    program under this section may, in the discretion of the Secretary, be
    required to terminate participation in the program and be ordered to
    active duty.

    ``(f) Pay and Allowances.--
    ``(1) Basic pay.--During each month of participation in a
    program under this section, an officer who participates in the
    program shall be paid basic pay in an amount equal to two-
    thirtieths of the amount of monthly basic pay to which the
    officer would otherwise be entitled under section 204 of title
    37, United States Code, as a member of the uniformed services on
    active duty in the grade and years of service of the officer
    when the officer commences participation in the program.
    ``(2) Special or incentive pay or bonus.--
    ``(A) Prohibition.--An officer who participates in a
    program under this section shall not, while
    participating in the program, be paid any special or
    incentive pay or bonus to which the officer is otherwise
    entitled under an agreement under chapter 5 of title 37,
    United States Code, that is in force when the officer
    commences participation in the program.
    ``(B) Not treated as failure to perform services.--
    The inactivation from active duty of an officer
    participating in a program under this section shall not
    be treated as a failure of the officer to perform any
    period of service required of the officer in connection
    with an agreement for a special or incentive pay or
    bonus under chapter 5 of title 37, United States Code,
    that is in force when the officer commences
    participation in the program.
    ``(3) Return to active duty.--
    ``(A) Special or incentive pay or bonus.--Subject to
    subparagraph (B), upon the return of an officer to
    active

    [[Page 1176]]

    duty after completion by the officer of participation in
    a program under this section--
    ``(i) any agreement entered into by the
    officer under chapter 5 of title 37, United States
    Code, for the payment of a special or incentive
    pay or bonus that was in force when the officer
    commenced participation in the program shall be
    revived, with the term of such agreement after
    revival being the period of the agreement
    remaining to run when the officer commenced
    participation in the program; and
    ``(ii) any special or incentive pay or bonus
    shall be payable to the officer in accordance with
    the terms of the agreement concerned for the term
    specified in clause (i).
    ``(B) Limitation.--
    ``(i) In general.--Subparagraph (A) shall not
    apply to any special or incentive pay or bonus
    otherwise covered by that subparagraph with
    respect to an officer if, at the time of the
    return of the officer to active duty as described
    in that subparagraph--
    ``(I) such pay or bonus is no longer
    authorized by law; or
    ``(II) the officer does not satisfy
    eligibility criteria for such pay or
    bonus as in effect at the time of the
    return of the officer to active duty.
    ``(ii) Pay or bonus ceases being authorized.--
    Subparagraph (A) shall cease to apply to any
    special or incentive pay or bonus otherwise
    covered by that subparagraph with respect to an
    officer if, during the term of the revived
    agreement of the officer under subparagraph
    (A)(i), such pay or bonus ceases being authorized
    by law.
    ``(C) Repayment.--An officer who is ineligible for
    payment of a special or incentive pay or bonus otherwise
    covered by this paragraph by reason of subparagraph
    (B)(i)(II) shall be subject to the requirements for
    repayment of such pay or bonus in accordance with the
    terms of the applicable agreement of the officer under
    chapter 5 of title 37, United States Code.
    ``(D) Required service is additional.--Any service
    required of an officer under an agreement covered by
    this paragraph after the officer returns to active duty
    as described in subparagraph (A) shall be in addition to
    any service required of the officer under an agreement
    under subsection (c).
    ``(4) Travel and transportation allowance.--
    ``(A) In general.--Subject to subparagraph (B), an
    officer who participates in a program under this section
    is entitled, while participating in the program, to the
    travel and transportation allowances authorized by
    section 474 of title 37, United States Code, for--
    ``(i) travel performed from the residence of
    the officer, at the time of release from active
    duty to participate in the program, to the
    location in the United States designated by the
    officer as the officer's residence during the
    period of participation in the program; and

    [[Page 1177]]

    ``(ii) travel performed to the residence of
    the officer upon return to active duty at the end
    of the participation of the officer in the
    program.
    ``(B) Single residence.--An allowance is payable
    under this paragraph only with respect to travel of an
    officer to and from a single residence.
    ``(5) <>  Leave balance.--An officer who
    participates in a program under this section is entitled to
    carry forward the leave balance existing as of the day on which
    the officer begins participation and accumulated in accordance
    with section 701 of title 10, United States Code, but not to
    exceed 60 days.

    ``(g) Promotion.--
    ``(1) In general.--An officer participating in a program
    under this section shall not, while participating in the
    program, be eligible for consideration for promotion under
    subtitle B.
    ``(2) Return to service.--Upon the return of an officer to
    active duty after completion by the officer of participation in
    a program under this section--
    ``(A) <>  the Secretary may
    adjust the date of rank of the officer in such manner as
    the Secretary shall prescribe in regulations for
    purposes of this section; and
    ``(B) the officer shall be eligible for
    consideration for promotion when officers of the same
    competitive category, grade, and seniority are eligible
    for consideration for promotion.

    ``(h) <>  Continued Entitlements.--An officer
    participating in a program under this section shall, while participating
    in the program, be treated as a member of the uniformed services on
    active duty for a period of more than 30 days for purposes of--
    ``(1) the entitlement of the officer and of the dependents
    of the officer to medical and dental care under the provisions
    of chapter 55 of title 10, United States Code; and
    ``(2) retirement or separation for physical disability under
    the provisions of subtitle C.''.

    (b) Clerical Amendment.--The table of contents in section 1 of the
    Act entitled ``An Act to reauthorize the Hydrographic Services
    Improvement Act of 1998, and for other purposes'' (Public Law 107-372),
    as amended by section 306(b), is further amended by inserting after the
    item relating to section 235 the following:

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

    TITLE IV--SEPARATION AND RETIREMENT OF OFFICERS

    SEC. 401. INVOLUNTARY RETIREMENT OR SEPARATION.

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

    [[Page 1178]]

    be required to retire or be separated under this section, the
    Secretary may defer the retirement or separation of the officer.
    ``(2) Consent required.--A deferment may only be made with
    the written consent of the officer involved. If the officer does
    not provide written consent to the deferment, the officer shall
    be retired or separated as scheduled.
    ``(3) <>  Limitation.--A deferment of
    retirement or separation under this subsection may not extend
    for more than 30 days after completion of the evaluation
    requiring hospitalization or medical observation.''.
    SEC. 402. SEPARATION PAY.

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

    TITLE V--OTHER NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION MATTERS

    SEC. 501. <>  CHARTING AND SURVEY
    SERVICES.

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

    (b) Charting and Surveys in the Arctic.--In soliciting and engaging
    the services of vessels under subsection (a), the Secretary shall
    particularly emphasize the need for charting and surveys in the Arctic.
    SEC. 502. <>  CO-LOCATION
    AGREEMENTS.

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

    (b) Entities Described.--An entity described in this subsection is--
    (1) the government of any State, territory, possession, or
    locality of the United States;
    (2) any Tribal organization (as defined in section 4 of the
    Indian Self-Determination and Education Assistance Act (25
    U.S.C. 5304));
    (3) any subdivision of--
    (A) a government described in paragraph (1); or
    (B) an organization described in paragraph (2); or

    [[Page 1179]]

    (4) any organization that is--
    (A) organized under the laws of the United States or
    any jurisdiction within the United States; and
    (B) described in section 501(c) of the Internal
    Revenue Code of 1986 and exempt from tax under section
    501(a) of such Code.

    (c) Collaboration Agreements.--Upon the execution of an agreement
    authorized by subsection (a) with an entity, the Administrator may enter
    into agreements with the entity to collaborate or engage in projects or
    programs on matters of mutual interest for periods not to exceed the
    term of the agreement. <> The cost of such
    agreements shall be apportioned equitably, as determined by the
    Administrator.

    (d) Savings Clause.--Nothing in this section shall be construed--
    (1) to affect the authority of the Administrator of General
    Services; or
    (2) to grant the Administrator of the National Oceanic and
    Atmospheric Administration any additional authority to enter
    into a lease without approval of the General Services
    Administration.
    SEC. 503. SATELLITE AND DATA MANAGEMENT.

    Section 301 of the Weather Research and Forecasting Innovation Act
    of 2017 (15 U.S.C. 8531) is amended--
    (1) in subsection (c)(1), by striking subparagraph (D) and
    inserting the following:
    ``(D) improve--
    ``(i) weather and climate forecasting and
    predictions; and
    ``(ii) the understanding, management, and
    exploration of the ocean.''; and
    (2) in subsection (d)--
    (A) in paragraph (1)--
    (i) by striking ``data and satellite systems''
    and inserting ``data, satellite, and other
    observing systems''; and
    (ii) by striking ``to carry out'' and all that
    follows and inserting the following: ``to carry
    out--
    ``(A) basic, applied, and advanced research projects
    and ocean exploration missions to meet the objectives
    described in subparagraphs (A) through (D) of subsection
    (c)(1); or
    ``(B) <>  any other type of
    project to meet other mission objectives, as determined
    by the Under Secretary.'';
    (B) in paragraph (2)(B)(i), by striking
    ``satellites'' and all that follows and inserting
    ``systems, including satellites, instrumentation, ground
    stations, data, and data processing;''; and
    (C) in paragraph (3), by striking ``2023'' and
    inserting ``2030''.
    SEC. 504. IMPROVEMENTS RELATING TO SEXUAL HARASSMENT AND ASSAULT
    PREVENTION AT THE NATIONAL OCEANIC AND
    ATMOSPHERIC ADMINISTRATION.

    (a) Reporting.--Subtitle C of title XXXV of the National Defense
    Authorization Act for Fiscal Year 2017 (33 U.S.C. 894 et seq.) is
    amended--

    [[Page 1180]]

    (1) in section 3541(b)(3)(B) (33 U.S.C. 894(b)(3)(B)), by
    striking ``can be confidentially reported'' and inserting ``can
    be reported on a restricted or unrestricted basis''; and
    (2) in section 3542(b)(5)(B) (33 U.S.C. 894a(b)(5)(B)), by
    striking ``can be confidentially reported'' and inserting ``can
    be reported on a restricted or unrestricted basis''.

    (b) <>  Investigative Requirement.--Such
    subtitle is amended--
    (1) by redesignating sections 3546 and 3547 as sections 3548
    and 3549, respectively; and
    (2) by inserting after section 3545 the following:
    ``SEC. 3546. <>  INVESTIGATION REQUIREMENT.

    ``(a) Requirement to Investigate.--
    ``(1) In general.--The Secretary of Commerce, acting through
    the Under Secretary for Oceans and Atmosphere, shall ensure that
    each allegation of sexual harassment reported under section 3541
    and each allegation of sexual assault reported under section
    3542 is investigated thoroughly and promptly.
    ``(2) Sense of congress on commencement of
    investigation. <> --It is the sense of
    Congress that the Secretary should ensure that an investigation
    of alleged sexual harassment reported under section 3541 or
    sexual assault reported under section 3542 commences not later
    than 48 hours after the time at which the allegation was
    reported.

    ``(b) <>  Notification of Delay.--In any case in
    which the time between the reporting of alleged sexual harassment or
    sexual assault under section 3541 or 3542, respectively, and
    commencement of an investigation of the allegation exceeds 48 hours, the
    Secretary shall notify the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Natural Resources of
    the House of Representatives of the delay.
    ``SEC. 3547. <>  CRIMINAL REFERRAL.

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

    [[Page 1181]]

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

    Approved December 23, 2020.

    LEGISLATIVE HISTORY--S. 2981:
    ---------------------------------------------------------------------------

    SENATE REPORTS: No. 116-273 (Comm. on Commerce, Science, and
    Transportation).
    CONGRESSIONAL RECORD, Vol. 166 (2020):
    Nov. 16, considered and passed Senate.
    Dec. 3, 4, considered and passed House.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2020):
    Dec. 23, Presidential statement.