[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2981 Enrolled Bill (ENR)]
S.2981
One Hundred Sixteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty
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,

cf14f800c3715a6cf13ae979afd743d93f0e515cc51de134fed59a8b92aa73ff

(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:

6b03338db9c533124b065391acc758b94d7ae218fbf85a928ec57c322efa3390

49f2d58af3df47915b16b352a52d56a909ce7f2c2d29c44db0d3a11d4dd4eeb6

Code, and extension of certain authorities applicable to
members of the Armed Forces to commissioned officer corps.

193e7a330ef883931471bcbd87352c2a0323c34be582cebe2904496024303610

TITLE II

-PARITY AND RECRUITMENT

4248015c5340c7ee14ac5055fefbbe4fad0135b53ee33b6ec74130b5071e3b33

e143daa1227f4106392110c4ab59ebfc7bc82bdf9cf806b020da35e4dd1c1b93

prevention at the National Oceanic and Atmospheric
Administration.

c47655956add4cfe291d22e473914ffed2bcf951f91c838d28c192b8bb6abf58

TITLE V

-OTHER NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION MATTERS

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.).

85c99aa9fe907b5b23d9e2172edfc0a34ea0d1c6a506c6f3ceaa04ecbeb7f8aa

Section 214 (33 U.S.C. 3004) is amended to read as follows:
``SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.
``(a) Grades.--The commissioned grades in the commissioned officer
corps of the Administration are the following, in relative rank with
officers of the Navy:
``(1) Vice admiral.
``(2) Rear admiral.
``(3) Rear admiral (lower half).
``(4) Captain.
``(5) Commander.
``(6) Lieutenant commander.
``(7) Lieutenant.
``(8) Lieutenant (junior grade).
``(9) Ensign.
``(b) Grade Distribution.--The Secretary shall prescribe, with
respect to the distribution on the lineal list in grade, the
percentages applicable to the grades set forth in subsection (a).
``(c) Annual Computation of Number in Grade.--
``(1) In general.--Not less frequently than once each year, the
Secretary shall make a computation to determine the number of
officers on the lineal list authorized to be serving in each grade.
``(2) Method of computation.--The number in each grade shall be
computed by applying the applicable percentage to the total number
of such officers serving on active duty on the date the computation
is made.
``(3) Fractions.--If a final fraction occurs in computing the
authorized number of officers in a grade, the nearest whole number
shall be taken. If the fraction is one-half, the next higher whole
number shall be taken.
``(d) Temporary Increase in Numbers.--The total number of officers
authorized by law to be on the lineal list during a fiscal year may be
temporarily exceeded if the average number on that list during that
fiscal year does not exceed the authorized number.
``(e) Positions of Importance and Responsibility.--Officers serving
in positions designated under section 228(a) and officers recalled from
retired status shall not be counted when computing authorized strengths
under subsection (c) and shall not count against those strengths.
``(f) Preservation of Grade and Pay.--No officer may be reduced in
grade or pay or separated from the commissioned officer corps of the
Administration as the result of a computation made to determine the
authorized number of officers in the various grades.''.

6ff8c1a78f5d0db25aeeeaaee28dea5f33fd97392d4ad864d5946e5254262762

TITLE I

-GENERAL PROVISIONS

(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.''.

87fd14291ac15ec088069c98b45255759f9fed1057e7b18f119c45284bb7db18

(a) In General.--Subtitle A (33 U.S.C. 3001 et seq.) is amended by
adding at the end the following:
``SEC. 216. OBLIGATED SERVICE REQUIREMENT.
``(a) In General.--
``(1) Regulations.--The Secretary shall prescribe the obligated
service requirements for appointments, training, promotions,
separations, continuations, and retirements of officers not
otherwise covered by law.
``(2) Written agreements.--The Secretary and officers shall
enter into written agreements that describe the officers' obligated
service requirements prescribed under paragraph (1) in return for
such appointments, training, promotions, separations,
continuations, and retirements as the Secretary considers
appropriate.
``(b) Repayment for Failure to Satisfy Requirements.--
``(1) In general.--The Secretary may require an officer who
fails to meet the service requirements prescribed under subsection
(a)(1) to reimburse the Secretary in an amount that bears the same
ratio to the total costs of the training provided to that officer
by the Secretary as the unserved portion of active duty bears to
the total period of active duty the officer agreed to serve.
``(2) Obligation as debt to united states.--An obligation to
reimburse the Secretary under paragraph (1) is, for all purposes, a
debt owed to the United States.
``(3) Discharge in bankruptcy.--A discharge in bankruptcy under
title 11 that is entered less than five years after the termination
of a written agreement entered into under subsection (a)(2) does
not discharge the individual signing the agreement from a debt
arising under such agreement.
``(c) Waiver or Suspension of Compliance.--The Secretary may waive
the service obligation of an officer who--
``(1) becomes unqualified to serve on active duty in the
commissioned officer corps of the Administration because of a
circumstance not within the control of that officer; or
``(2) is--
``(A) not physically qualified for appointment; and
``(B) determined to be unqualified for service in the
commissioned officer corps of the Administration because of a
physical or medical condition that was not the result of the
officer's own misconduct or grossly negligent conduct.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Act entitled ``An Act to reauthorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372)
is amended by inserting after the item relating to section 215 the
following:
``Sec. 216. Obligated service requirement.''.

88589d6b3cd7911ac49c44ba042b7af685c21b9b3403631ff984d8e6cd8d4e06

(a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as amended by
section 103(a), is further amended by adding at the end the following:
``SEC. 217. TRAINING AND PHYSICAL FITNESS.
``(a) Training.--The Secretary may take such measures as may be
necessary to ensure that officers are prepared to carry out their
duties in the commissioned officer corps of the Administration and
proficient in the skills necessary to carry out such duties. Such
measures may include the following:
``(1) Carrying out training programs and correspondence
courses, including establishing and operating a basic officer
training program to provide initial indoctrination and maritime
vocational training for officer candidates as well as refresher
training, mid-career training, aviation training, and such other
training as the Secretary considers necessary for officer
development and proficiency.
``(2) Providing officers and officer candidates with
educational materials.
``(3) Acquiring such equipment as may be necessary for training
and instructional purposes.
``(b) Physical Fitness.--The Secretary shall ensure that officers
maintain a high physical state of readiness by establishing standards
of physical fitness for officers that are substantially equivalent to
those prescribed for officers in the Coast Guard.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Act entitled ``An Act to reauthorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372),
as amended by section 103(b), is further amended by inserting after the
item relating to section 216 the following:
``Sec. 217. Training and physical fitness.''.

21e83c1efbf57cce7c485bdb8a4a746caf4200be52062bb573669894825a9d09

(a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as amended by
section 104(a), is further amended by adding at the end the following:
``SEC. 218. AVIATION ACCESSION TRAINING PROGRAMS.
``(a) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the Under
Secretary of Commerce for Oceans and Atmosphere and the
Administrator of the National Oceanic and Atmospheric
Administration.
``(2) Member of the program.--The term `member of the program'
means a student who is enrolled in the program.
``(3) Program.--The term `program' means an aviation accession
training program of the commissioned officer corps of the
Administration established pursuant to subsection (b).
``(b) Aviation Accession Training Programs.--
``(1) Establishment authorized.--The Administrator, under
regulations prescribed by the Secretary, shall establish and
maintain one or more aviation accession training programs for the
commissioned officer corps of the Administration at institutions
described in paragraph (2).
``(2) Institutions described.--An institution described in this
paragraph is an educational institution--
``(A) that requests to enter into an agreement with the
Administrator providing for the establishment of the program at
the institution;
``(B) that has, as a part of its curriculum, a four-year
baccalaureate program of professional flight and piloting
instruction that is accredited by the Aviation Accreditation
Board International;
``(C) that is located in a geographic area that--
``(i) experiences a wide variation in climate-related
activity, including frequent high winds, convective
activity (including tornadoes), periods of low visibility,
heat, and snow and ice episodes, to provide opportunities
for pilots to demonstrate skill in all weather conditions
compatible with future encounters during their service in
the commissioned officer corps of the Administration; and
``(ii) has a climate that can accommodate both primary
and advanced flight training activity at least 75 percent
of the year; and
``(D) at which the Administrator determines that--
``(i) there will be at least one student enrolled in
the program; and
``(ii) the provisions of this section are otherwise
satisfied.
``(3) Limitations in connection with particular institutions.--
The program may not be established or maintained at an institution
unless--
``(A) the senior commissioned officer or employee of the
commissioned officer corps of the Administration who is
assigned as an advisor to the program at that institution is
given the academic rank of adjunct professor; and
``(B) the institution fulfills the terms of its agreement
with the Administrator.
``(4) Membership in connection with status as student.--At
institutions at which the program is established, the membership of
students in the program shall be elective, as provided by State law
or the authorities of the institution concerned.
``(c) Membership.--
``(1) Eligibility.--To be eligible for membership in the
program, an individual must--
``(A) be a student at an institution at which the program
is established;
``(B) be a citizen of the United States;
``(C) contract in writing, with the consent of a parent or
guardian if a minor, with the Administrator, to--
``(i) accept an appointment, if offered, as a
commissioned officer in the commissioned officer corps of
the Administration; and
``(ii) serve in the commissioned officer corps of the
Administration for not fewer than four years;
``(D) enroll in--
``(i) a four-year baccalaureate program of professional
flight and piloting instruction; and
``(ii) other training or education, including basic
officer training, which is prescribed by the Administrator
as meeting the preliminary requirement for admission to the
commissioned officer corps of the Administration; and
``(E) execute a certificate or take an oath relating to
morality and conduct in such form as the Administrator
prescribes.
``(2) Completion of program.--A member of the program may be
appointed as a regular officer in the commissioned officer corps of
the Administration if the member meets all requirements for
appointment as such an officer.
``(d) Financial Assistance for Qualified Members.--
``(1) Expenses of course of instruction.--
``(A) In general.--In the case of a member of the program
who meets such qualifications as the Administrator establishes
for purposes of this subsection, the Administrator may pay the
expenses of the member in connection with pursuit of a course
of professional flight and piloting instruction under the
program, including tuition, fees, educational materials such as
books, training, certifications, travel, and laboratory
expenses.
``(B) Assistance after fourth academic year.--In the case
of a member of the program described in subparagraph (A) who is
enrolled in a course described in that subparagraph that has
been approved by the Administrator and requires more than four
academic years for completion, including elective requirements
of the program, assistance under this subsection may also be
provided during a fifth academic year or during a combination
of a part of a fifth academic year and summer sessions.
``(2) Room and board.--In the case of a member eligible to
receive assistance under paragraph (1), the Administrator may, in
lieu of payment of all or part of such assistance, pay the room and
board expenses of the member, and other educational expenses, of
the educational institution concerned.
``(3) Failure to complete program or accept commission.--A
member of the program who receives assistance under this subsection
and who does not complete the course of instruction, or who
completes the course but declines to accept a commission in the
commissioned officer corps of the Administration when offered,
shall be subject to the repayment provisions of subsection (e).
``(e) Repayment of Unearned Portion of Financial Assistance When
Conditions of Payment Not Met.--
``(1) In general.--A member of the program who receives or
benefits from assistance under subsection (d), and whose receipt of
or benefit from such assistance is subject to the condition that
the member fully satisfy the requirements of subsection (c), shall
repay to the United States an amount equal to the assistance
received or benefitted from if the member fails to fully satisfy
such requirements and may not receive or benefit from any unpaid
amounts of such assistance after the member fails to satisfy such
requirements, unless the Administrator determines that the
imposition of the repayment requirement and the termination of
payment of unpaid amounts of such assistance with regard to the
member would be--
``(A) contrary to a personnel policy or management
objective;
``(B) against equity and good conscience; or
``(C) contrary to the best interests of the United States.
``(2) Regulations.--The Administrator may establish, by
regulations, procedures for determining the amount of the repayment
required under this subsection and the circumstances under which an
exception to repayment may be granted. The Administrator may
specify in the regulations the conditions under which financial
assistance to be paid to a member of the program will not be made
if the member no longer satisfies the requirements in subsection
(c) or qualifications in subsection (d) for such assistance.
``(3) Obligation as debt to united states.--An obligation to
repay the United States under 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.''.

06cf815f6947c2996f2c7a1d3b97aeadd728b4086ec9bd7818c50a662362b275

(a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as amended by
section 105(a), is further amended by adding at the end the following:
``SEC. 219. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS.
``The Secretary may use for public relations purposes of the
Department of Commerce any advertising materials developed for use for
recruitment and retention of personnel for the commissioned officer
corps of the Administration. Any such use shall be under such
conditions and subject to such restrictions as the Secretary shall
prescribe.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Act entitled ``An Act to reauthorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372),
as amended by section 105(b), is further amended by inserting after the
item relating to section 218 the following:
``Sec. 219. Use of recruiting materials for public relations.''.

9123d1d8e8391b65faeaeac0a1a0d361a8b7780f64b9c281431b083a7a8fb48e

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

96288328434eb9100195bf0b662a6e8ed51b0ee91c7a313f2e59d2789e609586

(a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is amended by
adding at the end the following:
``SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM.
``(a) Authority To Repay Education Loans.--For the purpose of
maintaining adequate numbers of officers of the commissioned officer
corps of the Administration on active duty who have skills required by
the commissioned officer corps, the Secretary may repay, in the case of
a person described in subsection (b), a loan that--
``(1) was used by the person to finance education; and
``(2) was obtained from a governmental entity, private
financial institution, educational institution, or other authorized
entity.
``(b) Eligible Persons.--To be eligible to obtain a loan repayment
under this section, a person must--
``(1) satisfy one of the requirements specified in subsection
(c);
``(2) be fully qualified for, or hold, an appointment as a
commissioned officer in the commissioned officer corps of the
Administration; and
``(3) sign a written agreement to serve on active duty, or, if
on active duty, to remain on active duty for a period in addition
to any other incurred active duty obligation.
``(c) Academic and Professional Requirements.--One of the following
academic requirements must be satisfied for purposes of determining the
eligibility of an individual for a loan repayment under this section:
``(1) The person is fully qualified in a profession that the
Secretary has determined to be necessary to meet identified skill
shortages in the commissioned officer corps of the Administration.
``(2) The person is enrolled as a full-time student in the
final year of a course of study at an accredited educational
institution (as determined by the Secretary of Education) leading
to a degree in a profession that will meet identified skill
shortages in the commissioned officer corps of the Administration.
``(d) Loan Repayments.--
``(1) In general.--Subject to the limits established under
paragraph (2), a loan repayment under this section may consist of
the payment of the principal, interest, and related expenses of a
loan obtained by a person described in subsection (b).
``(2) Limitation on amount.--For each year of obligated service
that a person agrees to serve in an agreement described in
subsection (b)(3), the Secretary may pay not more than the amount
specified in section 2173(e)(2) of title 10, United States Code.
``(e) Active Duty Service Obligation.--
``(1) In general.--A person entering into an agreement
described in subsection (b)(3) incurs an active duty service
obligation.
``(2) Length of obligation determined under regulations.--
``(A) In general.--Except as provided in subparagraph (B),
the length of the obligation under paragraph (1) shall be
determined under regulations prescribed by the Secretary.
``(B) Minimum obligation.--The regulations prescribed under
subparagraph (A) may not provide for a period of obligation of
less than one year for each maximum annual amount, or portion
thereof, paid on behalf of the person for qualified loans.
``(3) Persons on active duty before entering into agreement.--
The active duty service obligation of persons on active duty before
entering into the agreement shall be served after the conclusion of
any other obligation incurred under the agreement.
``(4) Concurrent completion of service obligations.--A service
obligation under this section may be completed concurrently with a
service obligation under section 216.
``(f) Effect of Failure To Complete Obligation.--
``(1) Alternative obligations.--An officer who is relieved of
the officer's active duty obligation under this section before the
completion of that obligation may be given any alternative
obligation, at the discretion of the Secretary.
``(2) Repayment.--An officer who does not complete the period
of active duty specified in the agreement entered into under
subsection (b)(3), or the alternative obligation imposed under
paragraph (1), shall be subject to the repayment provisions under
section 216.
``(g) Rulemaking.--The Secretary shall prescribe regulations to
carry out this section, including--
``(1) standards for qualified loans and authorized payees; and
``(2) other terms and conditions for the making of loan
repayments.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Act entitled ``An Act to reauthorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372)
is amended by inserting after the item relating to section 266 the
following:
``Sec. 267. Education loan repayment program.''.

c393aefcc790507a46d9d5f3c7d93f10f5969c80358ba6798c7ce77743ffb672

(a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as amended by
section 201(a), is further amended by adding at the end the following:
``SEC. 268. INTEREST PAYMENT PROGRAM.
``(a) Authority.--The Secretary may pay the interest and any
special allowances that accrue on one or more student loans of an
eligible officer, in accordance with this section.
``(b) Eligible Officers.--An officer is eligible for the benefit
described in subsection (a) while the officer--
``(1) is serving on active duty;
``(2) has not completed more than three years of service on
active duty;
``(3) is the debtor on one or more unpaid loans described in
subsection (c); and
``(4) is not in default on any such loan.
``(c) Student Loans.--The authority to make payments under
subsection (a) may be exercised with respect to the following loans:
``(1) A loan made, insured, or guaranteed under part B of title
IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.).
``(2) A loan made under part D of such title (20 U.S.C. 1087a
et seq.).
``(3) A loan made under part E of such title (20 U.S.C. 1087aa
et seq.).
``(d) Maximum Benefit.--Interest and any special allowance may be
paid on behalf of an officer under this section for any of the 36
consecutive months during which the officer is eligible under
subsection (b).
``(e) Coordination With Secretary of Education.--
``(1) In general.--The Secretary shall consult with the
Secretary of Education regarding the administration of this
section.
``(2) Reimbursement authorized.--The Secretary is authorized to
reimburse the Secretary of Education--
``(A) for the funds necessary to pay interest and special
allowances on student loans under this section (in accordance
with sections 428(o), 455(l), and 464(j) of the Higher
Education Act of 1965 (20 U.S.C. 1078(o), 1087e(l), and
1087dd(j)); and
``(B) for any reasonable administrative costs incurred by
the Secretary of Education in coordinating the program under
this section with the administration of the student loan
programs under parts B, D, and E of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1071 et seq., 1087a et seq.,
1087aa et seq.).
``(f) Special Allowance Defined.--In this section, the term
`special allowance' means a special allowance that is payable under
section 438 of the Higher Education Act of 1965 (20 U.S.C. 1087-1).''.
(b) Conforming Amendments.--
(1) Section 428(o) of the Higher Education Act of 1965 (20
U.S.C. 1078(o)) is amended--
(A) by striking the subsection heading and inserting
``Armed Forces and NOAA Commissioned Officer Corps Student Loan
Interest Payment Programs''; and
(B) in paragraph (1)--
(i) by inserting ``or section 268 of the National
Oceanic and Atmospheric Administration Commissioned Officer
Corps Act of 2002'' after ``Code,''; and
(ii) by inserting ``or an officer in the commissioned
officer corps of the National Oceanic and Atmospheric
Administration, respectively,'' after ``Armed Forces''.
(2) Sections 455(l) and 464(j) of the Higher Education Act of
1965 (20 U.S.C. 1087e(l) and 1087dd(j)) are each amended--
(A) by striking the subsection heading and inserting
``Armed Forces and NOAA Commissioned Officer Corps Student Loan
Interest Payment Programs''; and
(B) in paragraph (1)--
(i) by inserting ``or section 268 of the National
Oceanic and Atmospheric Administration Commissioned Officer
Corps Act of 2002'' after ``Code,''; and
(ii) by inserting ``or an officer in the commissioned
officer corps of the National Oceanic and Atmospheric
Administration, respectively'' after ``Armed Forces''.
(c) Clerical Amendment.--The table of contents in section 1 of the
Act entitled ``An Act to reauthorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372),
as amended by section 201(b), is further amended by inserting after the
item relating to section 267 the following:
``Sec. 268. Interest payment program.''.

4f54a16771fa66109cd055119c73d8c03ce623733b5d4f3545f874c47728c25c

(a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as amended by
section 202(a), is further amended by adding at the end the following:
``SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION ASSISTANCE PROGRAM.
``(a) Authority To Provide Financial Assistance.--For the purpose
of maintaining adequate numbers of officers of the commissioned officer
corps of the Administration on active duty, the Secretary may provide
financial assistance to a person described in subsection (b) for
expenses of the person while the person is pursuing on a full-time
basis at an accredited educational institution (as determined by the
Secretary of Education) a program of education approved by the
Secretary that leads to--
``(1) a baccalaureate degree in not more than five academic
years; or
``(2) a postbaccalaureate degree.
``(b) Eligible Persons.--
``(1) In general.--A person is eligible to obtain financial
assistance under subsection (a) if the person--
``(A) is enrolled on a full-time basis in a program of
education referred to in subsection (a) at any educational
institution described in such subsection;
``(B) meets all of the requirements for acceptance into the
commissioned officer corps of the Administration except for the
completion of a baccalaureate degree; and
``(C) enters into a written agreement with the Secretary
described in paragraph (2).
``(2) Agreement.--A written agreement referred to in paragraph
(1)(C) is an agreement between the person and the Secretary in
which the person--
``(A) agrees to accept an appointment as an officer, if
tendered; and
``(B) upon completion of the person's educational program,
agrees to serve on active duty, immediately after appointment,
for--
``(i) up to three years if the person received less
than three years of assistance; and
``(ii) up to five years if the person received at least
three years of assistance.
``(c) Qualifying Expenses.--Expenses for which financial assistance
may be provided under subsection (a) are the following:
``(1) Tuition and fees charged by the educational institution
involved.
``(2) The cost of educational materials.
``(3) In the case of a program of education leading to a
baccalaureate degree, laboratory expenses.
``(4) Such other expenses as the Secretary considers
appropriate.
``(d) Limitation on Amount.--The Secretary shall prescribe the
amount of financial assistance provided to a person under subsection
(a), which may not exceed the amount specified in section 2173(e)(2) of
title 10, United States Code, for each year of obligated service that a
person agrees to serve in an agreement described in subsection (b)(2).
``(e) Duration of Assistance.--Financial assistance may be provided
to a person under subsection (a) for not more than five consecutive
academic years.
``(f) Subsistence Allowance.--
``(1) In general.--A person who receives financial assistance
under subsection (a) shall be entitled to a monthly subsistence
allowance at a rate prescribed under paragraph (2) for the duration
of the period for which the person receives such financial
assistance.
``(2) Determination of amount.--The Secretary shall prescribe
monthly rates for subsistence allowance provided under paragraph
(1), which shall be equal to the amount specified in section
2144(a) of title 10, United States Code.
``(g) Initial Clothing Allowance.--
``(1) Training.--The Secretary may prescribe a sum which shall
be credited to each person who receives financial assistance under
subsection (a) to cover the cost of the person's initial clothing
and equipment issue.
``(2) Appointment.--Upon completion of the program of education
for which a person receives financial assistance under subsection
(a) and acceptance of appointment in the commissioned officer corps
of the Administration, the person may be issued a subsequent
clothing allowance equivalent to that normally provided to a newly
appointed officer.
``(h) Termination of Financial Assistance.--
``(1) In general.--The Secretary shall terminate the assistance
provided to a person under this section if--
``(A) the Secretary accepts a request by the person to be
released from an agreement described in subsection (b)(2);
``(B) the misconduct of the person results in a failure to
complete the period of active duty required under the
agreement; or
``(C) the person fails to fulfill any term or condition of
the agreement.
``(2) Reimbursement.--The Secretary may require a person who
receives assistance described in subsection (c), (f), or (g) under
an agreement entered into under subsection (b)(1)(C) to reimburse
the Secretary in an amount that bears the same ratio to the total
costs of the assistance provided to that person as the unserved
portion of active duty bears to the total period of active duty the
officer agreed to serve under the agreement.
``(3) Waiver.--The Secretary may waive the service obligation
of a person through an agreement entered into under subsection
(b)(1)(C) if the person--
``(A) becomes unqualified to serve on active duty in the
commissioned officer corps of the Administration because of a
circumstance not within the control of that person; or
``(B) is--
``(i) not physically qualified for appointment; and
``(ii) determined to be unqualified for service in the
commissioned officer corps of the Administration because of
a physical or medical condition that was not the result of
the person's own misconduct or grossly negligent conduct.
``(4) Obligation as debt to united states.--An obligation to
reimburse the Secretary imposed under paragraph (2) is, for all
purposes, a debt owed to the United States.
``(5) Discharge in bankruptcy.--A discharge in bankruptcy under
title 11, United States Code, that is entered less than five years
after the termination of a written agreement entered into under
subsection (b)(1)(C) does not discharge the person signing the
agreement from a debt arising under such agreement or under
paragraph (2).
``(i) Regulations.--The Secretary may prescribe such regulations
and orders as the Secretary considers appropriate to carry out this
section.
``(j) Concurrent Completion of Service Obligations.--A service
obligation under this section may be completed concurrently with a
service obligation under section 216.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Act entitled ``An Act to reauthorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372),
as amended by section 202(c), is further amended by inserting after the
item relating to section 268 the following:
``Sec. 269. Student pre-commissioning education assistance program.''.

2aa4e6c57cda52dc3c055ee214715db123502aa3174bb181362477be6160d3db

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

e4aa6c9cd732f844ec0af0769c4bd4f65f0a9529ac8f18b5d077c6ffb5ccfd17

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

e8d858deaa760aa86cc4e366db697aed48e7b26f83bfce6486ae1d8992f13429

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.''.

27fc1caba0d74d997496e37ca9aa44047ac1318ee378aed0e9c3d7cdafc0fbd3

(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.''.

df6cf18c629eb73f512deb0f25481601b00f3e1e6520bb4a99c6a4718c983319

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,''.

a068029c9d7cd994b5a4383dd6959c3241a8722f2b6a4cf2c991ac08f0181eb7

PURPOSES OF CERTAIN HIRING DECISIONS.
(a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as amended by
this Act, is further amended by adding at the end the following:
``SEC. 269A. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER CORPS AS
EMPLOYMENT IN ADMINISTRATION FOR PURPOSES OF CERTAIN HIRING DECISIONS.
``(a) In General.--In any case in which the Secretary accepts an
application for a position of employment with the Administration and
limits consideration of applications for such position to applications
submitted by individuals serving in a career or career-conditional
position in the competitive service within the Administration, the
Secretary shall deem an officer who has served as an officer in the
commissioned officer corps of the Administration for at least three
years to be serving in a career or career-conditional position in the
competitive service within the Administration for purposes of such
limitation.
``(b) Career Appointments.--If the Secretary selects an application
submitted by an officer described in subsection (a) for a position
described in such subsection, the Secretary shall give such officer a
career or career-conditional appointment in the competitive service, as
appropriate.
``(c) Competitive Service Defined.--In this section, the term
`competitive service' has the meaning given the term in section 2102 of
title 5, United States Code.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Act entitled ``An Act to reauthorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372)
is amended by inserting after the item relating to section 269, as
added by section 203(b), the following new item:
``Sec. 269A. Treatment of commission in commissioned officer corps as
employment in Administration for purposes of certain hiring
decisions.''.

3f4aad3cae6a6de57e7515f083229350877796d8f7058f7bcddde7aa9ed0510e

(a) Original Appointments.--Section 221 (33 U.S.C. 3021) is amended
to read as follows:
``SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINTMENTS.
``(a) Original Appointments.--
``(1) Grades.--
``(A) In general.--Except as provided in subparagraph (B),
an original appointment of an officer may be made in such
grades as may be appropriate for--
``(i) the qualification, experience, and length of
service of the appointee; and
``(ii) the commissioned officer corps of the
Administration.
``(B) Appointment of officer candidates.--
``(i) Limitation on grade.--An original appointment of
an officer candidate, upon graduation from the basic
officer training program of the commissioned officer corps
of the Administration, may not be made in any other grade
than ensign.
``(ii) Rank.--Officer candidates receiving appointments
as ensigns upon graduation from the basic officer training
program shall take rank according to their proficiency as
shown by the order of their merit at date of graduation.
``(2) Source of appointments.--An original appointment may be
made from among the following:
``(A) Graduates of the basic officer training program of
the commissioned officer corps of the Administration.
``(B) Subject to the approval of the Secretary of Defense,
graduates of the military service academies of the United
States who otherwise meet the academic standards for enrollment
in the training program described in subparagraph (A).
``(C) Graduates of the State maritime academies who--
``(i) otherwise meet the academic standards for
enrollment in the training program described in
subparagraph (A);
``(ii) completed at least three years of regimented
training while at a State maritime academy; and
``(iii) obtained an unlimited tonnage or unlimited
horsepower Merchant Mariner Credential from the United
States Coast Guard.
``(D) Licensed officers of the United States merchant
marine who have served two or more years aboard a vessel of the
United States in the capacity of a licensed officer, who
otherwise meet the academic standards for enrollment in the
training program described in subparagraph (A).
``(3) Definitions.--In this subsection:
``(A) Military service academies of the united states.--The
term `military service academies of the United States' means
the following:
``(i) The United States Military Academy, West Point,
New York.
``(ii) The United States Naval Academy, Annapolis,
Maryland.
``(iii) The United States Air Force Academy, Colorado
Springs, Colorado.
``(iv) The United States Coast Guard Academy, New
London, Connecticut.
``(v) The United States Merchant Marine Academy, Kings
Point, New York.
``(B) State maritime academy.--The term `State maritime
academy' has the meaning given the term in section 51102 of
title 46, United States Code.
``(b) Reappointment.--
``(1) In general.--Except as provided in paragraph (2), an
individual who previously served in the commissioned officer corps
of the Administration may be appointed by the Secretary to the
grade the individual held prior to separation.
``(2) Reappointments to higher grades.--An appointment under
paragraph (1) to a position of importance and responsibility
designated under section 228 may only be made by the President.
``(c) Qualifications.--An appointment under subsection (a) or (b)
may not be given to an individual until the individual's mental, moral,
physical, and professional fitness to perform the duties of an officer
has been established under such regulations as the Secretary shall
prescribe.
``(d) Order of Precedence.--Appointees under this section shall
take precedence in the grade to which appointed in accordance with the
dates of their commissions as commissioned officers in such grade. The
order of precedence of appointees whose dates of commission are the
same shall be determined by the Secretary.
``(e) Inter-Service Transfers.--For inter-service transfers (as
described in Department of Defense Directive 1300.4 (dated December 27,
2006)) the Secretary shall--
``(1) coordinate with the Secretary of Defense and the
Secretary of the Department in which the Coast Guard is operating
to promote and streamline inter-service transfers;
``(2) give preference to such inter-service transfers for
recruitment purposes as determined appropriate by the Secretary;
and
``(3) reappoint such inter-service transfers to the equivalent
grade in the commissioned officer corps of the Administration.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Act entitled ``An Act to reauthorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372)
is amended by striking the item relating to section 221 and inserting
the following:
``Sec. 221. Original appointments and reappointments.''.

043125989254fd1e0f9978612e24d9bf318cf85545c2c252b30daf53d68cfd63

TITLE III

-APPOINTMENTS AND PROMOTION OF OFFICERS

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.''.

12a0bc1881691bc25e716adb43feb1c78e65321df34f06a0f618a8e29785c532

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

82448c26fb39406ebd18fff97a4dfda9956b7e6e2eb18c849e15bc45827f5f78

(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.''.

150b35e42adf557eb8aaf82ba4ef725d4a06079388e388cb012376c2a6636100

(a) In General.--Subtitle B (33 U.S.C. 3021 et seq.) is amended by
adding at the end the following:
``SEC. 234. OFFICER CANDIDATES.
``(a) Determination of Number.--The Secretary shall determine the
number of appointments of officer candidates.
``(b) Appointment.--Appointment of officer candidates shall be made
under regulations, which the Secretary shall prescribe, including
regulations with respect to determining age limits, methods of
selection of officer candidates, term of service as an officer
candidate before graduation from the basic officer training program of
the Administration, and all other matters affecting such appointment.
``(c) Dismissal.--The Secretary may dismiss from the basic officer
training program of the Administration any officer candidate who,
during the officer candidate's term as an officer candidate, the
Secretary considers unsatisfactory in either academics or conduct, or
not adapted for a career in the commissioned officer corps of the
Administration. Officer candidates shall be subject to rules governing
discipline prescribed by the Director of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps.
``(d) Agreement.--
``(1) In general.--Each officer candidate shall sign an
agreement with the Secretary in accordance with section 216(a)(2)
regarding the officer candidate's term of service in the
commissioned officer corps of the Administration.
``(2) Elements.--An agreement signed by an officer candidate
under paragraph (1) shall provide that the officer candidate agrees
to the following:
``(A) That the officer candidate will complete the course
of instruction at the basic officer training program of the
Administration.
``(B) That upon graduation from such program, the officer
candidate--
``(i) will accept an appointment, if tendered, as an
officer; and
``(ii) will serve on active duty for at least four
years immediately after such appointment.
``(e) Regulations.--The Secretary shall prescribe regulations to
carry out this section. Such regulations shall include--
``(1) standards for determining what constitutes a breach of an
agreement signed under subsection (d)(1); and
``(2) procedures for determining whether such a breach has
occurred.
``(f) Repayment.--An officer candidate or former officer candidate
who does not fulfill the terms of the obligation to serve as specified
under subsection (d) shall be subject to the repayment provisions of
section 216(b).''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Act entitled ``An Act to reauthorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372)
is amended by inserting after the item relating to section 233 the
following:
``Sec. 234. Officer candidates.''.
(c) Officer Candidate Defined.--Section 212(b) (33 U.S.C. 3002(b))
is amended--
(1) by redesignating paragraphs (4) through (6) as paragraphs
(5) through (7), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Officer candidate.--The term `officer candidate' means an
individual who is enrolled in the basic officer training program of
the Administration and is under consideration for appointment as an
officer under section 221(a)(2)(A).''.
(d) Pay for Officer Candidates.--Section 203 of title 37, United
States Code, is amended by adding at the end the following:
``(f)(1) An officer candidate enrolled in the basic officer
training program of the commissioned officer corps of the National
Oceanic and Atmospheric Administration is entitled, while participating
in such program, to monthly officer candidate pay at monthly rates
equal to the basic pay of an enlisted member in the pay grade E-5 with
less than two years of service.
``(2) An individual who graduates from such program shall receive
credit for the time spent participating in such program as if such time
were time served while on active duty as a commissioned officer. If the
individual does not graduate from such program, such time shall not be
considered creditable for active duty or pay.''.

2dde07df503662c27d81085e59bff2f66a814f98befab442e44d22f27f2af0b6

(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.''.

2c4ab74faf03a69b6805cf6eeafef877093b920348000111b8ff627471cd46d5

(a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as amended by
section 306(a), is further amended by adding at the end the following:
``SEC. 236. CAREER FLEXIBILITY TO ENHANCE RETENTION OF OFFICERS.
``(a) Programs Authorized.--The Secretary may carry out a program
under which officers may be inactivated from active duty in order to
meet personal or professional needs and returned to active duty at the
end of such period of inactivation from active duty.
``(b) Period of Inactivation From Active Duty; Effect of
Inactivation.--
``(1) In general.--The period of inactivation from active duty
under a program under this section of an officer participating in
the program shall be such period as the Secretary shall specify in
the agreement of the officer under subsection (c), except that such
period may not exceed three years.
``(2) Exclusion from retirement.--Any period of participation
of an officer in a program under this section shall not count
toward eligibility for retirement or computation of retired pay
under subtitle C.
``(c) Agreement.--Each officer who participates in a program under
this section shall enter into a written agreement with the Secretary
under which that officer shall agree as follows:
``(1) To undergo during the period of the inactivation of the
officer from active duty under the program such inactive duty
training as the Director of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps shall require in order to
ensure that the officer retains proficiency, at a level determined
by the Director to be sufficient, in the technical skills,
professional qualifications, and physical readiness of the officer
during the inactivation of the officer from active duty.
``(2) Following completion of the period of the inactivation of
the officer from active duty under the program, to serve two months
on active duty for each month of the period of the inactivation of
the officer from active duty under the program.
``(d) Conditions of Release.--The Secretary shall--
``(1) prescribe regulations specifying the guidelines regarding
the conditions of release that must be considered and addressed in
the agreement required by subsection (c); and
``(2) at a minimum, prescribe the procedures and standards to
be used to instruct an officer on the obligations to be assumed by
the officer under paragraph (1) of such subsection while the
officer is released from active duty.
``(e) Order to Active Duty.--Under regulations prescribed by the
Secretary, an officer participating in a program under this section
may, in the discretion of the Secretary, be required to terminate
participation in the program and be ordered to active duty.
``(f) Pay and Allowances.--
``(1) Basic pay.--During each month of participation in a
program under this section, an officer who participates in the
program shall be paid basic pay in an amount equal to two-
thirtieths of the amount of monthly basic pay to which the officer
would otherwise be entitled under section 204 of title 37, United
States Code, as a member of the uniformed services on active duty
in the grade and years of service of the officer when the officer
commences participation in the program.
``(2) Special or incentive pay or bonus.--
``(A) Prohibition.--An officer who participates in a
program under this section shall not, while participating in
the program, be paid any special or incentive pay or bonus to
which the officer is otherwise entitled under an agreement
under chapter 5 of title 37, United States Code, that is in
force when the officer commences participation in the program.
``(B) Not treated as failure to perform services.--The
inactivation from active duty of an officer participating in a
program under this section shall not be treated as a failure of
the officer to perform any period of service required of the
officer in connection with an agreement for a special or
incentive pay or bonus under chapter 5 of title 37, United
States Code, that is in force when the officer commences
participation in the program.
``(3) Return to active duty.--
``(A) Special or incentive pay or bonus.--Subject to
subparagraph (B), upon the return of an officer to active duty
after completion by the officer of participation in a program
under this section--
``(i) any agreement entered into by the officer under
chapter 5 of title 37, United States Code, for the payment
of a special or incentive pay or bonus that was in force
when the officer commenced participation in the program
shall be revived, with the term of such agreement after
revival being the period of the agreement remaining to run
when the officer commenced participation in the program;
and
``(ii) any special or incentive pay or bonus shall be
payable to the officer in accordance with the terms of the
agreement concerned for the term specified in clause (i).
``(B) Limitation.--
``(i) In general.--Subparagraph (A) shall not apply to
any special or incentive pay or bonus otherwise covered by
that subparagraph with respect to an officer if, at the
time of the return of the officer to active duty as
described in that subparagraph--
``(I) such pay or bonus is no longer authorized by
law; or
``(II) the officer does not satisfy eligibility
criteria for such pay or bonus as in effect at the time
of the return of the officer to active duty.
``(ii) Pay or bonus ceases being authorized.--
Subparagraph (A) shall cease to apply to any special or
incentive pay or bonus otherwise covered by that
subparagraph with respect to an officer if, during the term
of the revived agreement of the officer under subparagraph
(A)(i), such pay or bonus ceases being authorized by law.
``(C) Repayment.--An officer who is ineligible for payment
of a special or incentive pay or bonus otherwise covered by
this paragraph by reason of subparagraph (B)(i)(II) shall be
subject to the requirements for repayment of such pay or bonus
in accordance with the terms of the applicable agreement of the
officer under chapter 5 of title 37, United States Code.
``(D) Required service is additional.--Any service required
of an officer under an agreement covered by this paragraph
after the officer returns to active duty as described in
subparagraph (A) shall be in addition to any service required
of the officer under an agreement under subsection (c).
``(4) Travel and transportation allowance.--
``(A) In general.--Subject to subparagraph (B), an officer
who participates in a program under this section is entitled,
while participating in the program, to the travel and
transportation allowances authorized by section 474 of title
37, United States Code, for--
``(i) travel performed from the residence of the
officer, at the time of release from active duty to
participate in the program, to the location in the United
States designated by the officer as the officer's residence
during the period of participation in the program; and
``(ii) travel performed to the residence of the officer
upon return to active duty at the end of the participation
of the officer in the program.
``(B) Single residence.--An allowance is payable under this
paragraph only with respect to travel of an officer to and from
a single residence.
``(5) Leave balance.--An officer who participates in a program
under this section is entitled to carry forward the leave balance
existing as of the day on which the officer begins participation
and accumulated in accordance with section 701 of title 10, United
States Code, but not to exceed 60 days.
``(g) Promotion.--
``(1) In general.--An officer participating in a program under
this section shall not, while participating in the program, be
eligible for consideration for promotion under subtitle B.
``(2) Return to service.--Upon the return of an officer to
active duty after completion by the officer of participation in a
program under this section--
``(A) the Secretary may adjust the date of rank of the
officer in such manner as the Secretary shall prescribe in
regulations for purposes of this section; and
``(B) the officer shall be eligible for consideration for
promotion when officers of the same competitive category,
grade, and seniority are eligible for consideration for
promotion.
``(h) Continued Entitlements.--An officer participating in a
program under this section shall, while participating in the program,
be treated as a member of the uniformed services on active duty for a
period of more than 30 days for purposes of--
``(1) the entitlement of the officer and of the dependents of
the officer to medical and dental care under the provisions of
chapter 55 of title 10, United States Code; and
``(2) retirement or separation for physical disability under
the provisions of subtitle C.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Act entitled ``An Act to reauthorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372),
as amended by section 306(b), is further amended by inserting after the
item relating to section 235 the following:
``Sec. 236. Career flexibility to enhance retention of officers.''.

85c62166dbc14c9b547e23abfdd9a47f44d5c8af670795ace5294c5fa055b5d5

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

dc969f629027909275bf229498e761081329906b6611160926b22c9201812cd8

TITLE IV

-SEPARATION AND RETIREMENT OF OFFICERS

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.''.

4396fa13aba38baf045220fdf1403714cc820925f26d99ed830a01c56469b4eb

(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.

078e7fedec2b4888a5d1ad90268d78102c969fbbb29d76effc487b3c4e5e11d8

(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
(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.

77c3bf4c2a7cab3f55f6ad500c4ea866f52d9621b3b27fbcd9e92ffc010cb118

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''.

763de0e181579b82a4fa5b26bc3422895b78d09a172868fc472a593166767e58

PREVENTION AT THE NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION.
(a) Reporting.--Subtitle C of title XXXV of the National Defense
Authorization Act for Fiscal Year 2017 (33 U.S.C. 894 et seq.) is
amended--
(1) in section 3541(b)(3)(B) (33 U.S.C. 894(b)(3)(B)), by
striking ``can be confidentially reported'' and inserting ``can be
reported on a restricted or unrestricted basis''; and
(2) in section 3542(b)(5)(B) (33 U.S.C. 894a(b)(5)(B)), by
striking ``can be confidentially reported'' and inserting ``can be
reported on a restricted or unrestricted basis''.
(b) Investigative Requirement.--Such subtitle is amended--
(1) by redesignating sections 3546 and 3547 as sections 3548
and 3549, respectively; and
(2) by inserting after section 3545 the following:
``SEC. 3546. INVESTIGATION REQUIREMENT.
``(a) Requirement to Investigate.--
``(1) In general.--The Secretary of Commerce, acting through
the Under Secretary for Oceans and Atmosphere, shall ensure that
each allegation of sexual harassment reported under section 3541
and each allegation of sexual assault reported under section 3542
is investigated thoroughly and promptly.
``(2) Sense of congress on commencement of investigation.--It
is the sense of Congress that the Secretary should ensure that an
investigation of alleged sexual harassment reported under section
3541 or sexual assault reported under section 3542 commences not
later than 48 hours after the time at which the allegation was
reported.
``(b) Notification of Delay.--In any case in which the time between
the reporting of alleged sexual harassment or sexual assault under
section 3541 or 3542, respectively, and commencement of an
investigation of the allegation exceeds 48 hours, the Secretary shall
notify the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Natural Resources of the House of
Representatives of the delay.
``SEC. 3547. CRIMINAL REFERRAL.
``If the Secretary of Commerce finds, pursuant to an investigation
under section 3546, evidence that a crime may have been committed, the
Secretary shall refer the matter to the appropriate law enforcement
authorities, including the appropriate United States Attorney.''.
(c) Clerical Amendment.--The table of contents in section 2(b) of
such Act is amended by striking the items relating to sections 3546 and
3547 and inserting the following new items:
``Sec. 3546. Investigation requirement.
``Sec. 3547. Criminal referral.
``Sec. 3548. Annual report on sexual assaults in the National Oceanic
and Atmospheric Administration.
``Sec. 3549. Sexual assault defined.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

f31607b852e3a7bf6a56fc4453ccc65630fc9c8a3cf000dfe9bb0b9b04a7a1a2

National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020

Other Sections

TITLE II

TITLE V

TITLE I

TITLE III

TITLE IV

Want the full experience?