[116th Congress Public Law 259]
[From the U.S. Government Publishing Office]
[[Page 134 STAT. 1153]]
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. <<NOTE: Dec. 23, 2020 - [S. 2981]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National Oceanic
and Atmospheric Administration Commissioned Officer Corps Amendments Act
of 2020.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 33 USC 3001 note.>> 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 134 STAT. 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) <<NOTE: Determination.>> 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 134 STAT. 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) <<NOTE: 116 Stat. 3078.>> 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. <<NOTE: 33 USC 3006.>> 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 134 STAT. 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) <<NOTE: Time period.>> 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) <<NOTE: 116 Stat. 3078.>> 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. <<NOTE: 33 USC 3007.>> 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 134 STAT. 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. <<NOTE: 33 USC 3008.>> 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) <<NOTE: Regulations.>> 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) <<NOTE: Determination.>> 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 134 STAT. 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) <<NOTE: Time period.>> 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 134 STAT. 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) <<NOTE: Determination.>> 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) <<NOTE: Procedures.>> 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 134 STAT. 1160]]
``SEC. 219. <<NOTE: 33 USC 3009.>> 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. <<NOTE: 33 USC 3077.>> 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) <<NOTE: Determinations.>> 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 134 STAT. 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 134 STAT. 1162]]
Law 107-372) <<NOTE: 116 Stat. 3078.>> 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. <<NOTE: 33 USC 3078.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Consultation.>> 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 134 STAT. 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. <<NOTE: 33 USC 3079.>> STUDENT PRE-COMMISSIONING
EDUCATION ASSISTANCE PROGRAM.
``(a) <<NOTE: Determination.>> 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 134 STAT. 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) <<NOTE: Time periods.>> 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 134 STAT. 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) <<NOTE: Determination.>> 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. <<NOTE: 33 USC 3079-1.>> LIMITATION ON EDUCATIONAL
ASSISTANCE.
(a) <<NOTE: Effective date.>> 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 134 STAT. 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 134 STAT. 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. <<NOTE: 33 USC 3071a.>> 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) <<NOTE: 116 Stat. 3078.>> 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 134 STAT. 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. <<NOTE: 33 USC 3079a.>> 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 134 STAT. 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 134 STAT. 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) <<NOTE: President.>> 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) <<NOTE: Regulations.>> 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 <<NOTE: Determination.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: 116 Stat. 3078.>> is amended by striking the item relating
to section 221 and inserting the following:
``Sec. 221. Original appointments and reappointments.''.
[[Page 134 STAT. 1171]]
SEC. 302. PERSONNEL BOARDS.
Section 222 (33 U.S.C. 3022) is amended to read as follows:
``SEC. 222. PERSONNEL BOARDS.
``(a) <<NOTE: Time period. Determination.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Determinations.>> 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 134 STAT. 1172]]
(1) <<NOTE: President.>> 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 <<NOTE: Determination.>> 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) <<NOTE: 116 Stat. 3078.>> 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. <<NOTE: 33 USC 3034.>> OFFICER CANDIDATES.
``(a) Determination of Number.--The Secretary shall determine the
number of appointments of officer candidates.
``(b) <<NOTE: Regulations.>> Appointment.--Appointment of officer
candidates shall be made under regulations, which the Secretary shall
prescribe,
[[Page 134 STAT. 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) <<NOTE: Time period.>> 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) <<NOTE: Standards.>> standards for determining what
constitutes a breach of an agreement signed under subsection
(d)(1); and
``(2) <<NOTE: Procedures.>> 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) <<NOTE: 116 Stat. 3078.>> 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 134 STAT. 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. <<NOTE: 33 USC 3035.>> PROCUREMENT OF PERSONNEL.
``The <<NOTE: Determination.>> 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. <<NOTE: 33 USC 3036.>> 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 134 STAT. 1175]]
``(1) <<NOTE: Determination.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Regulations. Guidelines.>> 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) <<NOTE: Procedures. Standards.>> 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) <<NOTE: Regulations.>> 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 134 STAT. 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 134 STAT. 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) <<NOTE: Time period.>> 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) <<NOTE: Regulations.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Determination.>> 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 134 STAT. 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) <<NOTE: Time period.>> 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. <<NOTE: 33 USC 892a note.>> CHARTING AND SURVEY
SERVICES.
(a) <<NOTE: Deadline. Contracts.>> 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. <<NOTE: 33 USC 851 note prec.>> CO-LOCATION AGREEMENTS.
(a) <<NOTE: Time periods.>> 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 134 STAT. 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. <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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 134 STAT. 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) <<NOTE: 33 USC 894e, 894f.>> 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. <<NOTE: 33 USC 894d-1.>> 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. <<NOTE: Time period.>> --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) <<NOTE: Time period.>> 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. <<NOTE: 33 USC 894d-2.>> 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 134 STAT. 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.
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