[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2406 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 2406
To amend the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002 to make certain changes to the
National Oceanic and Atmospheric Administration's commissioned officer
corps, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 30, 2019
Mr. Case (for himself, Mr. Young, and Mr. Huffman) introduced the
following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committees on Oversight and Reform,
Armed Services, and Veterans' Affairs, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002 to make certain changes to the
National Oceanic and Atmospheric Administration's commissioned officer
corps, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Oceanic
and Atmospheric Administration Commissioned Officer Corps Amendments
Act of 2019''.
(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. Recruiting materials.
Sec. 106. 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. Application of certain provisions of competitive service law.
Sec. 209. Employment and reemployment rights.
Sec. 210. 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. Assistant Administrator of the Office of Marine and Aviation
Operations.
Sec. 304. Temporary appointments.
Sec. 305. Officer candidates.
Sec. 306. Procurement of personnel.
TITLE IV--SEPARATION AND RETIREMENT OF OFFICERS
Sec. 401. Involuntary retirement or separation.
Sec. 402. Separation pay.
SEC. 2. REFERENCES TO NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
COMMISSIONED OFFICER CORPS ACT OF 2002.
Except as otherwise expressly provided, any place in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps Act of 2002 (33
U.S.C. 3001 et seq.).
TITLE I--GENERAL PROVISIONS
SEC. 101. STRENGTH AND DISTRIBUTION IN GRADE.
Section 214 (33 U.S.C. 3004) is amended to read as follows:
``SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.
``(a) Grades.--The commissioned grades in the commissioned officer
corps of the Administration are the following, in relative rank with
officers of the Navy:
``(1) Vice admiral.
``(2) Rear admiral.
``(3) Rear admiral (lower half).
``(4) Captain.
``(5) Commander.
``(6) Lieutenant commander.
``(7) Lieutenant.
``(8) Lieutenant (junior grade).
``(9) Ensign.
``(b) Grade Distribution.--The Secretary shall prescribe, with
respect to the distribution on the lineal list in grade, the
percentages applicable to the grades set forth in subsection (a).
``(c) Annual Computation of Number in Grade.--
``(1) In general.--Not less frequently than once each year,
the Secretary shall determine the number of officers on the
lineal list authorized to be serving in each grade.
``(2) Method of determination.--The number in each grade
shall be determined by applying the applicable percentage to
the total number of such officers serving on active duty on the
date the computation is made.
``(3) Fractions.--If a final fraction occurs in computing
the authorized number of officers in a grade, the nearest whole
number shall be taken. If the fraction is \1/2\, the next
higher whole number shall be taken.
``(d) Temporary Increase in Numbers.--The total number of officers
authorized by law to be on the lineal list during a fiscal year may be
temporarily exceeded if the average number on that list during that
fiscal year does not exceed the authorized number.
``(e) Positions of Importance and Responsibility.--Officers serving
in positions designated under section 228(a) and officers recalled from
retired status shall not be counted when computing authorized strengths
under subsection (c) and shall not count against those strengths.
``(f) Preservation of Grade and Pay.--No officer may be reduced in
grade or pay or separated from the commissioned officer corps of the
Administration as the result of a computation made to determine the
authorized number of officers in the various grades.''.
SEC. 102. RECALLED OFFICERS.
Section 215 (33 U.S.C. 3005) is amended--
(1) by striking ``Effective October 1, 2009, the'' and
inserting ``(a) In General.--The'';
(2) by striking ``be increased from 321 to 379 if--'' and
all that follows through ``fiscal year.'' and inserting ``not
to exceed 500.''; and
(3) by adding at the end the following new subsection:
``(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.''.
SEC. 103. OBLIGATED SERVICE REQUIREMENT.
(a) In General.--Subtitle A (33 U.S.C. 3001 et seq.) is amended by
adding at the end the following:
``SEC. 216. OBLIGATED SERVICE REQUIREMENT.
``(a) In General.--
``(1) Regulations.--The Secretary shall prescribe the
obligated service requirements for appointments, training,
promotions, separations, continuations, and retirement of
officers not otherwise covered by law.
``(2) Written agreements.--The Secretary and officers shall
enter into written agreements that describe the officers'
obligated service requirements prescribed under paragraph (1)
in return for such appointments, training, promotions,
separations, and retirements as the Secretary considers
appropriate.
``(b) Repayment for Failure To Satisfy Requirements.--
``(1) In general.--The Secretary may require an officer who
fails to meet the service requirements prescribed under
subsection (a)(1) to reimburse the Secretary in an amount that
bears the same ratio to the total costs of the training
provided to that officer by the Secretary as the unserved
portion of active duty bears to the total period of active duty
the officer agreed to serve.
``(2) Obligation as debt to united states.--An obligation
to reimburse the Secretary under paragraph (1) shall be
considered for all purposes as a debt owed to the United
States.
``(3) Discharge in bankruptcy.--A discharge in bankruptcy
under title 11 that is entered less than 5 years after the
termination of a written agreement entered into under
subsection (a)(2) does not discharge the individual signing the
agreement from a debt arising under such agreement.
``(c) Waiver or Suspension of Compliance.--The Secretary may waive
the service obligation of an officer who--
``(1) becomes unqualified to serve on active duty in the
commissioned officer corps of the Administration because of a
circumstance not within the control of such 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
Hydrographic Services Improvement Act Amendments of 2002 (Public Law
107-372) is amended by inserting after the item relating to section 215
the following:
``Sec. 216. Obligated service requirement.''.
SEC. 104. TRAINING AND PHYSICAL FITNESS.
(a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as amended by
section 103 of this Act, 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 and school supplies.
``(3) Acquiring such equipment as may be necessary for
training and instructional purposes.
``(b) Physical Fitness.--The Secretary shall ensure that officers
maintain a high physical state of readiness by establishing standards
of physical fitness for officers that are substantially equivalent to
those prescribed for officers of the Coast Guard.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Hydrographic Services Improvement Act Amendments of 2002 (Public Law
107-372), as amended by this Act, is further amended by inserting after
the item relating to section 216 the following:
``Sec. 217. Training and physical fitness.''.
SEC. 105. RECRUITING MATERIALS.
(a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as amended by
section 104 of this Act, is further amended by adding at the end the
following:
``SEC. 218. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS.
``The Secretary may use for public relations purposes of the
Department of Commerce any advertising materials developed for use for
recruitment and retention of personnel for the commissioned officer
corps of the Administration.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Hydrographic Services Improvement Act Amendments of 2002 (Public Law
107-372), as amended by this Act, is further amended by inserting after
the item relating to section 217 the following:
``Sec. 218. Use of recruiting materials for public relations.''.
SEC. 106. TECHNICAL CORRECTION.
Section 101(21)(C) of title 38, United States Code, is amended by
inserting ``in the commissioned officer corps'' before ``of the
National''.
TITLE II--PARITY AND RECRUITMENT
SEC. 201. EDUCATION LOANS.
(a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is amended by
adding at the end the following:
``SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM.
``(a) Authority To Repay Education Loans.--For the purpose of
maintaining an adequate number of officers on active duty possessing
the 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.
``(2) The person is enrolled as a full-time student in the
final year of a course of study at an accredited educational
institution (as determined by the Secretary of Education)
leading to a degree in a profession that will meet identified
skill shortages in the commissioned officer corps.
``(d) Loan Repayments.--
``(1) In general.--Subject to the limits established under
paragraph (2), a loan repayment under this section may consist
of the payment of the principal, interest, and related expenses
of a loan obtained by a person described in subsection (b).
``(2) Limitation on amount.--For each year of obligated
service that a person agrees to serve in an agreement described
in subsection (b)(3), the Secretary may pay not more than the
amount specified in section 2173(e)(2) of title 10, United
States Code.
``(e) Active Duty Service Obligation.--
``(1) In general.--A person entering into an agreement
described in subsection (b)(3) incurs an active duty service
obligation.
``(2) Length of obligation determined under regulations.--
``(A) In general.--Except as provided in
subparagraph (B), the length of the obligation under
paragraph (1) shall be determined under regulations
prescribed by the Secretary.
``(B) Minimum obligation.--The regulations
prescribed under subparagraph (A) may not provide for a
period of obligation of less than 1 year for each
maximum annual amount, or portion thereof, paid on
behalf of the person for qualified loans.
``(3) Persons on active duty before entering into
agreement.--The active duty service obligation of persons on
active duty before entering into the agreement shall be served
after the conclusion of any other obligation incurred under the
agreement.
``(f) Effect of Failure To Complete Obligation.--
``(1) Alternative obligations.--An officer who is relieved
of the officer's active duty obligation under this section
before the completion of that obligation may be given any
alternative obligation, at the discretion of the Secretary.
``(2) Repayment.--An officer who does not complete the
period of active duty specified in the agreement entered into
under subsection (b)(3), or the alternative obligation imposed
under paragraph (1), shall be subject to the repayment
provisions under section 216.
``(g) Regulations.--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
Hydrographic Services Improvement Act Amendments of 2002 (Public Law
107-372), as amended by this Act, is further 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) of this Act, 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 3 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) Funds for Payments.--The Secretary may use amounts
appropriated for the pay and allowances of personnel of the
commissioned officer corps of the Administration for payments under
this section.
``(f) Coordination With Secretary of Education.--
``(1) In general.--The Secretary shall consult with the
Secretary of Education regarding the administration of this
section.
``(2) Transfer of funds.--The Secretary shall transfer to
the Secretary of Education the funds necessary--
``(A) to pay interest and special allowances on
student loans under this section (in accordance with
sections 428(o), 455(l), and 464(j) of the Higher
Education Act of 1965 (20 U.S.C. 1078(o), 1087e(l), and
1087dd(j))); and
``(B) to reimburse the Secretary of Education for
any reasonable administrative costs incurred by the
Secretary in coordinating the program under this
section with the administration of the student loan
programs under parts B, D, and E of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1071 et seq.,
1087a et seq., 1087aa et seq.).
``(g) Special Allowance Defined.--In this section, the term
`special allowance' means a special allowance that is payable under
section 438 of the Higher Education Act of 1965 (20 U.S.C. 1087-1).''.
(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
Hydrographic Services Improvement Act Amendments of 2002 (Public Law
107-372), as amended by this Act, 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) of this Act, 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 such person while such person is pursuing on a full-time
basis at an accredited educational institution (as determined by the
Secretary of Education) a program of education approved by the
Secretary that leads to--
``(1) a baccalaureate degree in not more than 5 academic
years; or
``(2) a postbaccalaureate degree.
``(b) Eligible Persons.--
``(1) In general.--A person is eligible to obtain financial
assistance under subsection (a) if such 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 such person and the
Secretary in which such person--
``(A) agrees to accept an appointment as an
officer, if tendered; and
``(B) upon completion of such person's educational
program, agrees to serve on active duty, immediately
after appointment, for--
``(i) up to 3 years if such person received
less than 3 years of assistance; and
``(ii) up to 5 years if such person
received at least 3 years of assistance.
``(c) Qualifying Expenses.--Expenses for which financial assistance
may be provided under subsection (a) are the following:
``(1) Tuition and fees charged by the educational
institution involved.
``(2) The cost of 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 5 consecutive
academic years.
``(f) Subsistence Allowance.--
``(1) In general.--A person who receives financial
assistance under subsection (a) shall be entitled to a monthly
subsistence allowance at a rate prescribed under paragraph (2)
for the duration of the period for which the person receives
such financial assistance.
``(2) Determination of amount.--The Secretary shall
prescribe monthly rates for subsistence allowance provided
under paragraph (1), which shall be equal to the amount
specified in section 2144(a) of title 10, United States Code.
``(g) Initial Clothing Allowance.--
``(1) Training.--The Secretary may prescribe a sum which
shall be credited to each person who receives financial
assistance under subsection (a) to cover the cost of the
person's initial clothing and equipment issue.
``(2) Appointment.--Upon completion of the program of
education for which a person receives financial assistance
under subsection (a) and acceptance of appointment in the
commissioned officer corps of the Administration, the person
may be issued a subsequent clothing allowance equivalent to
that normally provided to a newly appointed officer.
``(h) Termination of Financial Assistance.--
``(1) In general.--The Secretary shall terminate the
assistance provided to a person under this section if--
``(A) the Secretary accepts a request by the person
to be released from an agreement described in
subsection (b)(2);
``(B) the misconduct of the person results in a
failure to complete the period of active duty required
under the agreement; or
``(C) the person fails to fulfill any term or
condition of the agreement.
``(2) Reimbursement.--The Secretary may require a person
who receives assistance described in subsection (c), (f), or
(g) under an agreement entered into under subsection (b)(1)(C)
to reimburse the Secretary in an amount that bears the same
ratio to the total costs of the assistance provided to that
person as the unserved portion of active duty bears to the
total period of active duty the officer agreed to serve under
the agreement.
``(3) Waiver.--The Secretary may waive the service
obligation of a person through an agreement entered into under
subsection (b)(1)(C) if the person--
``(A) becomes unqualified to serve on active duty
in the commissioned officer corps of the Administration
because of a circumstance not within the control of
that person; or
``(B) is--
``(i) not physically qualified for
appointment; and
``(ii) determined to be unqualified for
service in the commissioned officer corps of
the Administration because of a physical or
medical condition that was not the result of
the person's own misconduct or grossly
negligent conduct.
``(4) Obligation as debt to united states.--An obligation
to reimburse the Secretary imposed under paragraph (2) is, for
all purposes, a debt owed to the United States.
``(5) Discharge in bankruptcy.--A discharge in bankruptcy
under title 11, United States Code, that is entered less than 5
years after the termination of a written agreement entered into
under subsection (b)(1)(C) does not discharge the person
signing the agreement from a debt arising under such agreement
or under paragraph (2).
``(i) Regulations.--The Secretary may promulgate such regulations
and orders as the Secretary considers appropriate to carry out this
section.
``(j) Minority Institutions.--In carrying out this section, the
Secretary may prioritize persons described in subsection (b) who attend
minority institutions as defined by section 365(3) of the Higher
Education Act (20 U.S.C. 1067k(3)).''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Hydrographic Services Improvement Act Amendments of 2002 (Public Law
107-372), as amended by this Act, is further amended by inserting after
the item relating to section 268 the following:
``Sec. 269. Student pre-commissioning education assistance program.''.
SEC. 204. LIMITATION ON EDUCATIONAL ASSISTANCE.
(a) In General.--Each fiscal year, beginning with the fiscal year
in which this Act is enacted, the Secretary of Commerce shall ensure
that the total amount expended by the Secretary under sections 267
through 269 of the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002, as amended by this Act, 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 officers 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 section 212 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 for members of the Armed Forces.
``(12) Section 1090a, relating to commanding officer and
supervisor referrals of members 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.
``(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:
``(g) Secretary Concerned for Acceptance of Services for Programs
Serving Members of NOAA Corps and Their Families.--For purposes of the
acceptance of services described in subsection (a)(3), the term
`Secretary concerned' in subsection (a) shall include the Secretary of
Commerce with respect to members of the commissioned officer corps of
the National Oceanic and Atmospheric Administration.''.
(3) Capstone course for newly selected flag officers.--
Section 2153 of such title is amended--
(A) in subsection (a)--
(i) by inserting ``or the commissioned
officer corps of the National Oceanic and
Atmospheric Administration'' after ``in the
case of the Navy''; and
(ii) by striking ``other armed forces'' and
inserting ``other uniformed services''; and
(B) in subsection (b)(1), in the matter before
subparagraph (A), by inserting ``or the Secretary of
Commerce, as applicable,'' after ``the Secretary of
Defense''.
SEC. 206. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, UNITED
STATES CODE.
(a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is amended by
inserting after section 261 the following:
``SEC. 261A. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, UNITED
STATES CODE.
``(a) Provisions Made Applicable to Commissioned Officer Corps.--
The provisions of law applicable to the Armed Forces under the
following provisions of title 37, United States Code, shall apply to
the commissioned officer corps of the Administration:
``(1) Section 324, relating to special pay and accession
bonuses for new officers in critical skills.
``(2) Section 403(l), relating to temporary continuation of
housing allowance for dependents of members dying on active
duty.
``(3) Section 415, relating to initial uniform allowances.
``(4) Section 488, relating to allowances for recruiting
expenses.
``(5) Section 495, relating to allowances for funeral
honors duty.
``(b) Field Duty and Sea Duty.--The Secretary may prescribe
definitions for the terms `field duty' and `sea duty' for the purposes
of section 413 of title 37, United States Code, with respect to the
commissioned officer corps of the Administration.
``(c) References.--The authority vested by title 37, United States
Code, in the `military departments', `the Secretary concerned', or `the
Secretary of Defense' with respect to the provisions of law referred to
in subsection (a) shall be exercised, with respect to the commissioned
officer corps of the Administration, by the Secretary of Commerce or
the Secretary's designee.''.
(b) Personal Money Allowance.--Section 414 of title 37, United
States Code, is amended by inserting ``or the Director of the
commissioned officer corps of the National Oceanic and Atmospheric
Administration'' after ``Health Service''.
(c) Clerical Amendment.--The table of contents in section 1 of the
Hydrographic Services Improvement Act Amendments of 2002 (Public Law
107-372), as amended by this Act, is further amended by inserting after
the item relating to section 261 the following:
``Sec. 261a. Applicability of certain provisions of title 37, United
States Code.''.
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) of this Act, 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 is
amended--
(1) by striking ``The'' and inserting ``(a) The''; and
(2) by adding at the end the following:
``(b) For purposes of subsection (a)(8), the term `Inspector
General' in section 1034 of 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
promulgate regulations to carry out section 261(a)(8), including by
promulgating such administrative procedures for investigation and
appeal within the commissioned officer corps as the Secretary considers
appropriate.''.
SEC. 208. APPLICATION OF CERTAIN PROVISIONS OF COMPETITIVE SERVICE LAW.
Section 3304(f) of title 5, United States Code, is amended--
(1) by amending paragraph (1) to read as follows:
``(1) The following individuals may not be denied the
opportunity to compete for vacant positions for which the
agency making the announcement will accept applications from
individuals outside its own workforce under merit promotion
procedures:
``(A) Preference eligibles.
``(B) Veterans who have been separated from the
Armed Forces under honorable conditions after 3 years
or more of active service.
``(C) Members of the commissioned officer corps of
the National Oceanic and Atmospheric Administration
separated from such officer corps under honorable
conditions after 3 years or more of active service.'';
(2) in paragraph (2), by striking ``or veteran'' and
inserting ``, veteran, or member''; and
(3) in paragraph (4), by striking ``preference eligibles''
and all that follows through ``service'' and inserting
``individuals described in paragraph (1)''.
SEC. 209. 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. 210. 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
section 206(a) of this Act, is further amended by adding at the end the
following:
``SEC. 270. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER CORPS AS
EMPLOYMENT IN ADMINISTRATION FOR PURPOSES OF CERTAIN
HIRING DECISIONS.
``(a) In General.--In any case in which the Secretary accepts an
application for a position of employment with the Administration and
limits consideration of applications for such position to applications
submitted by individuals serving in a career or career-conditional
position in the competitive service within the Administration, the
Secretary shall deem an officer who has served as an officer in the
commissioned officer corps for at least 3 years to be serving in a
career or career-conditional position in the competitive service within
the Administration for purposes of such limitation.
``(b) Career Appointments.--If the Secretary selects an application
submitted by an officer described in subsection (a) for a position
described in such subsection, the Secretary shall give such officer a
career or career-conditional appointment in the competitive service, as
appropriate.
``(c) Competitive Service Defined.--In this section, the term
`competitive service' has the meaning given the term in section 2102 of
title 5, United States Code.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Hydrographic Services Improvement Act Amendments of 2002 (Public Law
107-372), as amended by this Act, is further amended by inserting after
the item relating to section 269 the following:
``Sec. 270. 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
basic officer training program shall take rank
according to their proficiency as shown by the
order of their merit at date of graduation.
``(2) Source of appointments.--An original appointment may
be made from among the following:
``(A) Graduates of the basic officer training
program of the commissioned officer corps of the
Administration.
``(B) Graduates of the military service academies
of the United States who otherwise meet the academic
standards for enrollment in the training program
described in subparagraph (A).
``(C) Graduates of the maritime academies of the
States who--
``(i) otherwise meet the academic standards
for enrollment in the training program
described in subparagraph (A);
``(ii) completed at least 3 years of
regimented training while at a maritime academy
of a State; and
``(iii) obtained an unlimited tonnage or
unlimited horsepower Merchant Mariner
Credential from the United States Coast Guard.
``(D) Licensed officers of the United States
merchant marine who have served 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) Maritime academies of the states.--The term
`maritime academies of the States' means the following:
``(i) California Maritime Academy, Vallejo,
California.
``(ii) Great Lakes Maritime Academy,
Traverse City, Michigan.
``(iii) Maine Maritime Academy, Castine,
Maine.
``(iv) Massachusetts Maritime Academy,
Buzzards Bay, Massachusetts.
``(v) State University of New York Maritime
College, Fort Schuyler, New York.
``(vi) Texas A&M Maritime Academy,
Galveston, Texas.
``(B) Military service academies of the united
states.--The term `military service academies of the
United States' means the following:
``(i) The United States Military Academy.
``(ii) The United States Naval Academy.
``(iii) The United States Air Force
Academy.
``(iv) The United States Coast Guard
Academy.
``(v) The United States Merchant Marine
Academy.
``(b) Reappointment.--
``(1) In general.--Except as provided in paragraph (2), an
individual who previously served in the commissioned officer
corps of the Administration may be appointed by the Secretary
to the grade the individual held prior to separation.
``(2) Reappointments to higher grades.--An appointment
under paragraph (1) to a position of importance and
responsibility designated under section 228 may only be made by
the President.
``(c) Qualifications.--An appointment under subsection (a) or (b)
may not be given to an individual until the individual's mental, moral,
physical, and professional fitness to perform the duties of an officer
has been established under such regulations as the Secretary shall
prescribe.
``(d) Precedence of Appointees.--Appointees under this section
shall take precedence in the grade to which appointed in accordance
with the dates of their commissions as commissioned officers in such
grade. Appointees whose dates of commission are the same shall take
precedence with each other as the Secretary shall determine.
``(e) Inter-Service Transfers.--For inter-service transfers (as
described in the Department of Defense Directive 1300.4 (dated December
27, 2006)) the Secretary shall--
``(1) coordinate with the Secretary of Defense and the
Secretary of the Department in which the Coast Guard is
operating to promote and streamline inter-service transfers;
``(2) give preference to such inter-service transfers for
recruitment purposes as determined appropriate by the
Secretary; and
``(3) reappoint such inter-service transfers to the
equivalent grade in the commissioned officer corps.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Hydrographic Services Improvement Act Amendments of 2002 (Public Law
107-372), as amended by this Act, is further amended by inserting after
the item relating to section 220 the following
``Sec. 221. Original appointments and reappointments.''.
SEC. 302. PERSONNEL BOARDS.
Section 222 (33 U.S.C. 3022) is amended to read as follows:
``SEC. 222. PERSONNEL BOARDS.
``(a) Convening.--Not less frequently than once each year and at
such other times as the Secretary determines necessary, the Secretary
shall convene a personnel board.
``(b) Membership.--
``(1) In general.--A board convened under subsection (a)
shall consist of five or more officers who are serving in or
above the permanent grade of the officers under consideration
by the board.
``(2) Retired officers.--Officers on the retired list may
be recalled to serve on such personnel boards as the Secretary
considers necessary.
``(3) No membership on 2 successive boards.--No officer may
be a member of 2 successive personnel boards convened to
consider officers of the same grade for promotion or
separation.
``(c) Duties.--Each personnel board shall--
``(1) recommend to the Secretary such changes as may be
necessary to correct any erroneous position on the lineal list
that was caused by administrative error; and
``(2) make selections and recommendations to the Secretary
and the President for the appointment, promotion, involuntary
separation, continuation, and involuntary retirement of
officers in the commissioned officer corps of the
Administration as prescribed in this title.
``(d) Action on Recommendations Not Acceptable.--If any
recommendation by a board convened under subsection (a) is not accepted
by the Secretary or the President, the board shall make such further
recommendations as the Secretary or the President considers
appropriate.''.
SEC. 303. ASSISTANT ADMINISTRATOR OF THE OFFICE OF MARINE AND AVIATION
OPERATIONS.
Section 228 (33 U.S.C. 3028) is amended--
(1) in subsection (c)--
(A) the fourth sentence, by striking ``Director''
and inserting ``Assistant Administrator''; and
(B) in the heading, by inserting ``Assistant
Administrator of the'' before ``Office'';
(2) in paragraph (2) of subsection (d), by inserting ``or
immediately beginning a period of terminal leave'' before ``,
revert to'';
(3) by amending subsection (e) to read as follows:
``(e) 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
terminal leave'' before ``, shall have the pay''.
SEC. 304. TEMPORARY APPOINTMENTS.
(a) In General.--Section 229 (33 U.S.C. 3029) is amended to read as
follows:
``SEC. 229. TEMPORARY APPOINTMENTS.
``(a) Appointments by President.--Temporary appointments in the
grade of ensign, lieutenant junior grade, or lieutenant may be made by
the President.
``(b) Termination.--A temporary appointment to a position under
subsection (a) shall terminate upon approval of a permanent appointment
for such position made by the President.
``(c) Order of Precedence.--Appointees under subsection (a) shall
take precedence in the grade to which appointed in accordance with the
dates of their appointments as officers in such grade. The order of
precedence of appointees who are appointed on the same date shall be
determined by the Secretary.
``(d) Any One Grade.--When determined by the Secretary to be in the
best interest of the commissioned officer corps, 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
Hydrographic Services Improvement Act Amendments of 2002 (Public Law
107-372), as amended by this Act, is further amended by striking the
item relating to section 229 and inserting the following:
``Sec. 229. Temporary appointments.''.
SEC. 305. OFFICER CANDIDATES.
(a) In General.--Subtitle B (33 U.S.C. 3021 et seq.) is amended by
adding at the end the following:
``SEC. 234. OFFICER CANDIDATES.
``(a) Determination of Number.--The Secretary shall determine the
number of appointments of officer candidates.
``(b) Appointment.--Appointment of officer candidates shall be made
under regulations which the Secretary shall prescribe, including
regulations with respect to determining age limits, methods of
selection of officer candidates, term of service as an officer
candidate before graduation from the program, and all other matters
affecting such appointment.
``(c) Dismissal.--The Secretary may dismiss from the basic officer
training program of the Administration any officer candidate who,
during the officer candidate's term as an officer candidate, the
Secretary considers unsatisfactory in either academics or conduct, or
not adapted for a career in the commissioned officer corps of the
Administration. Officer candidates shall be subject to rules governing
discipline prescribed by the Director of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps.
``(d) Agreement.--
``(1) In general.--Each officer candidate shall sign an
agreement with the Secretary in accordance with section
216(a)(2) regarding the officer candidate's term of service in
the commissioned officer corps of the Administration.
``(2) Elements.--An agreement signed by an officer
candidate under paragraph (1) shall provide that the officer
candidate agrees to the following:
``(A) That the officer candidate will complete the
course of instruction at the basic officer training
program of the Administration.
``(B) That upon graduation from the such program,
the officer candidate--
``(i) will accept an appointment, if
tendered, as an officer; and
``(ii) will serve on active duty for at
least 4 years immediately after such
appointment.
``(e) Regulations.--The Secretary shall prescribe regulations to
carry out this section. Such regulations shall include--
``(1) standards for determining what constitutes a breach
of an agreement signed under such subsection (d)(1); and
``(2) procedures for determining whether such a breach has
occurred.
``(f) Repayment.--An officer candidate or former officer candidate
who does not fulfill the terms of the obligation to serve as specified
under section (d) shall be subject to the repayment provisions of
section 216(b).''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Hydrographic Services Improvement Act Amendments of 2002 (Public Law
107-372), as amended by this Act, is further 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 by inserting after paragraph (6) the following:
``(7) 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 a monthly rate
equal to the basic pay of an enlisted member in the pay grade E-5 with
less than 2 years service.
``(2) An individual who graduates from such program shall receive
credit for the time spent participating in such program as if such time
were time served while on active duty as a commissioned officer. If the
individual does not graduate from such program, such time shall not be
considered creditable for active duty or pay.''.
SEC. 306. PROCUREMENT OF PERSONNEL.
(a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as amended by
section 305(a) of this Act, is further amended by adding at the end the
following:
``SEC. 235. PROCUREMENT OF PERSONNEL.
``The Secretary may make such expenditures as the Secretary
considers necessary in order to obtain recruits for the commissioned
officer corps of the Administration, including advertising.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Hydrographic Services Improvement Act Amendments of 2002 (Public Law
107-372), as amended by this Act, is further amended by inserting after
the item relating to section 234 the following:
``235. Procurement of personnel.''.
TITLE IV--SEPARATION AND RETIREMENT OF OFFICERS
SEC. 401. INVOLUNTARY RETIREMENT OR SEPARATION.
Section 241 (33 U.S.C. 3041) is amended by adding at the end the
following:
``(d) Deferment of Retirement or Separation for Medical Reasons.--
``(1) In general.--If the Secretary determines that the
evaluation of the medical condition of an officer requires
hospitalization or medical observation that cannot be completed
with confidence in a manner consistent with the officer's well
being before the date on which the officer would otherwise be
required to retire or be separated under this section, the
Secretary may defer the retirement or separation of the
officer.
``(2) Consent required.--A deferment may only be made with
the written consent of the officer involved. If the officer
does not provide written consent to the deferment, the officer
shall be retired or separated as scheduled.
``(3) Limitation.--A deferral of retirement or separation
under this subsection may not extend for more than 30 days
after completion of the evaluation requiring hospitalization or
medical observation.''.
SEC. 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.''.
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