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Calendar No. 561
116th Congress } { Report
SENATE
2d Session } { 116-273
_______________________________________________________________________
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER
CORPS AMENDMENTS ACT OF 2019
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2981
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
September 30 (legislative day, September 29), 2020.--Ordered to be
printed
_________
U.S. GOVERNMENT PUBLISHING OFFICE
99-007 WASHINGTON : 2020
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred sixteenth congress
second session
ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROY BLUNT, Missouri AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska TOM UDALL, New Mexico
CORY GARDNER, Colorado GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah JON TESTER, Montana
RON JOHNSON, Wisconsin KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana JACKY ROSEN, Nevada
RICK SCOTT, Florida
John Keast, Staff Director
David Strickland, Minority Staff Director
Calendar No. 561
116th Congress } { Report
SENATE
2d Session } { 116-273
======================================================================
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER
CORPS AMENDMENTS ACT OF 2019
_______
September 30 (legislative day, September 29), 2020.--Ordered to be
printed
_______
Mr. Wicker, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 2981]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2981) to reauthorize and amend
the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002, and for other purposes,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 2981, the National Oceanic and
Atmospheric Administration Commissioned Officer Corps
Amendments Act of 2019, is to reauthorize both the National
Oceanic and Atmospheric Administration Commissioned Officer
Corps Act of 2002 and the Hydrographic Services Improvement Act
of 1998.
Background and Needs
The National Oceanic and Atmospheric Administration
Commissioned Officer Corps (NOAA Corps) is one of the seven
uniformed services of the United States.\1\ The 321 officers of
the NOAA Corps make up only about 3 percent of NOAA's
personnel, but as the operators of NOAA's ship and aircraft
fleet, they are critical to the Administration. Their unique
combination of scientific and operational expertise coupled
with a high degree of flexibility and deployability allow them
to serve throughout the Administration's line and staff offices
and support nearly all of NOAA's programs and missions.
---------------------------------------------------------------------------
\1\The United States has seven uniformed services, of which five
are armed services (Army, Navy, Air Force, Marines, and the Coast
Guard) and two which are not armed (the U.S. Public Health Service and
the NOAA Corps).
---------------------------------------------------------------------------
Like other uniformed services, Corps officers spend much of
their careers away from family and friends, operating NOAA
ships and aircraft that are frequently deployed up to 8 or 9
months a year.\2\ Corps officers also work regularly with other
services, commanding Navy underwater unmanned vehicle platoons,
training with Navy scientific aircraft squadrons, and deploying
on United States Coast Guard (USCG) cutters. The Corps and the
USCG now have joint Officer Candidate School classes.
---------------------------------------------------------------------------
\2\While the Navy and Coast Guard usually have a maximum operating
tempo of 180 days a year, NOAA ships typically are deployed up to 240
days a year (when fully funded).
---------------------------------------------------------------------------
Yet unlike other uniformed services, or even other Federal
agency employees, time in the NOAA Corps is not considered a
Federal service for purposes of being hired into competitive
service positions elsewhere in the Federal Government. As a
result, while the demand for NOAA Corps officers is increasing,
the capacity of the Corps is not increasing, and workplace
benefits are less desirable than in other career tracks.
Reforming the Corps' authority to create parity with other
Federal careers is necessary. This legislation aims to update
the Corps' statutory structure to address modern workforce
requirements.
Summary of Provisions
S. 2981, the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Amendments Act of
2019, would include many provisions from previously Senate-
passed NOAA Corps reauthorizations legislation, including the
following:
Giving the Corps new tools to improve recruiting and
retention to improve diversity in the Corps and allow
for retention of highly skilled Corps officers,
especially female officers, including the following:
A pre-commissioning educational assistance program
for students who agree to serve in the NOAA Corps
(similar to a USCG pre-commissioning program);
Authority for an education loan repayment program
for students with critical skills;
An education loan interest repayment program for
officers in the first 3 years of active duty; and
Authorizes a sabbatical program modeled on a
successful USCG program to allow officers to leave
the service (and receive no pay or benefits) for a
few years for personal reasons, such as starting a
family.
More closely aligning the Corps with other services,
improving the ability to both support NOAA missions and
be a useful national asset, including the following:
Creation of a new officer candidate rank for
officers entering duty for a period of initial
training;
A requirement for officers to meet USCG physical
fitness standards; and
The authority to require a period of obligated
service after initial training.
Legislative History
S. 2981 was introduced on December 4, 2019, by Senator
Sullivan (for himself and Senator Schatz) and was referred to
the Committee on Commerce, Science, and Transportation of the
Senate. On December 11, 2019, the Committee met in open
Executive Session and, by voice vote, ordered S. 2981 reported
favorably with an amendment (in the nature of a substitute).
Bills reauthorizing the NOAA Corps and aligning both the
officers' obligations and benefits with officers in other
services have been passed by the Senate in the 112th, 113th,
and 114th Congresses. Specifically, the NOAA Corps Amendments
Act of 2012 passed the Senate by unanimous consent in the 112th
Congress (S. 2388), the NOAA Corps Amendments Act of 2013
passed the Senate by unanimous consent in the 113th Congress
(S. 1068), and the NOAA Sexual Harassment and Assault
Prevention Act passed the Senate by unanimous consent in the
114th Congress as part of the Maritime Administration
Authorization and Enhancement Act for Fiscal Year 2017 (S.
2829). The provisions in S. 2829 related to reducing the number
of, and improving response to, cases of sexual harassment and
assault at NOAA became law as part of the National Defense
Reauthorization Act of 2017, but the remaining provisions were
not incorporated.\3\
---------------------------------------------------------------------------
\3\Public Law 114-328.
---------------------------------------------------------------------------
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The bill would
Waive the Antideficiency Act to allow the
National Oceanic and Atmospheric Administration (NOAA)
to enter into long-term leases and colocation
agreements with governmental and nonprofit entities
Establish service requirements for NOAA
commissioned officers and require officers who fail to
meet those requirements to reimburse NOAA for training
costs
Authorize NOAA to pay some education
expenses for commissioned officers or people committing
to serve as commissioned officers after completing a
college degree
Estimated budgetary effects would primarily stem from
The costs of leases and colocation
agreements
The costs of education assistance for
certain commissioned officers
The amount of reimbursements received from
NOAA officers who failed to meet service requirements
Areas of significant uncertainty include
Estimating the number and timing of leases
and colocation agreements NOAA would enter into under
the bill
Bill summary: S. 2981 would authorize the National Oceanic
and Atmospheric Administration (NOAA) to enter into long-term
leases and colocation agreements with government and nonprofit
entities without a fiscal year limitation. The bill also would
modify personnel policies for NOAA's commissioned officer
corps.
Estimated Federal cost: The estimated budgetary effect of
S. 2981 is shown in Table 1. The costs of the legislation fall
within budget function 300 (natural resources and environment).
TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF S. 2981
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
-------------------------------------------------------------------------------------------------------------
2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2020-2025 2020-2030
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increases in Direct Spending
Estimated Budget Authority................ 0 4 4 4 4 4 4 4 4 4 4 20 40
Estimated Outlays......................... 0 0 1 2 3 4 4 4 4 4 4 10 29
--------------------------------------------------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding.
Implementing the bill also would increase spending subject to appropriation by less than $500,000 annually and by a total of $1 million over the 2021-
2025 period.
Basis of estimate: For this estimate, CBO assumes that S.
2981 will be enacted early in fiscal year 2021.
Direct spending: CBO estimates that enacting S. 2981 would
increase direct spending by $29 million over the 2020-2030
period.
Lease and Colocation Agreements: Section 502 would waive
the Antideficiency Act, allowing NOAA to enter into
noncompetitive leases or colocation agreements without regard
to the availability of appropriations.\1\ The section also
would authorize NOAA to enter into such leases or agreements
with state or local governments or nonprofit organizations,
including universities, for up to 30 years.
---------------------------------------------------------------------------
\1\ Colocation agreements establish a relationship between a tenant
and a customer of the tenant engaging in collaborative activities in
the tenant's space. In this case, NOAA could be the tenant or the
customer, although in most cases CBO expects that NOAA would be the
customer.
---------------------------------------------------------------------------
Under current law, NOAA uses more than 90 buildings around
the country, including office buildings, warehouses,
laboratories, and data centers, which are leased at an average
cost of about $160,000 annually by the General Services
Administration (GSA). NOAA also partners with universities to
complete scientific research. Using information from NOAA, CBO
expects that the agency would use the authority provided under
S. 2981 to enter into leases or colocation agreements with
partners at university facilities to complete long-term,
collaborative research.
Based on similar authority provided to other agencies, CBO
expects that some leases and colocation agreements would
contain terms for NOAA's university partners or third parties
to build or renovate facilities for specialized uses. Some of
those projects would be considered governmental because they
would be largely subject to NOAA's control and because NOAA
would be a major user of the services supported or provided by
those facilities. Thus, in CBO's view, transactions related to
development and construction under that authority should be
considered governmental with their costs recorded in the
budget. Furthermore, by waiving the Antideficiency Act with
respect to entering into agreements, spending for those
activities would not be limited by annual appropriations; thus,
those costs would be considered direct spending.
Using information from GSA on the costs of NOAA's current
leases, CBO estimates that the lifetime cost of each lease or
colocation agreement would be $5 million, on average. Using
information about NOAA facilities that currently house
collaborative research and that require physical improvements,
CBO expects that under the bill NOAA would enter into eight
such agreements over the 2021-2030 period. For this estimate,
the budget authority for those agreements is distributed evenly
across the 2021-2030 period because CBO cannot predict when
NOAA would enter into those agreements. CBO estimates that
spending on the additional leases and colocation agreements
would total $30 million over the 2020-2030 period. Estimated
outlays follow spending patterns for similar activities.
Service Requirements for the Commissioned Officer Corps: S.
2981 would establish requirements for people enlisting in
NOAA's commissioned officer corps. Under the bill, any officer
who fails to meet those requirements would be obligated to
repay NOAA an amount equal to the costs incurred by NOAA for
training plus any financial assistance for education expenses
that the officer received. Using information from NOAA on the
cost of such training, CBO estimates that such repayments would
total about $1 million over the 2020-2030 period.
Spending Subject to Appropriation: The bill would authorize
NOAA to pay some expenses related to the costs of education for
people serving in the commissioned officer corps or who commit
to serve after completing a college degree. Using information
about the number of officer candidates recruited each year, CBO
expects that around 30 current and former students would
receive such assistance over the 2021-2025 period. On the basis
of information from the Department of Education on the costs of
postsecondary education that would be eligible for assistance
under the bill, the current subsistence allowances provided by
other uniformed services, and anticipated inflation, CBO
estimates that implementing S. 2981 would cost $1 million over
the 2020-2025 period. Such spending would be subject to the
availability of appropriated funds.
Uncertainty: CBO's estimate of direct spending under S.
2981 is uncertain because both the number and the timing of
lease and colocation agreements that NOAA would enter into
would depend on NOAA's future decisions. If NOAA entered into
more or fewer than the eight agreements anticipated for the
2020-2030 period, the bill's costs could be higher or lower
than estimated.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in Table 2.
TABLE 2.--CBO'S ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS OF S. 2981, THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER
CORPS AMENDMENTS ACT OF 2019, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ON DECEMBER 11, 2019
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
-------------------------------------------------------------------------------------------------------------
2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2020-2025 2020-2030
--------------------------------------------------------------------------------------------------------------------------------------------------------
Net Increase in the Deficit
Pay-As-You-Go Effect...................... 0 0 1 2 3 4 4 4 4 4 4 10 29
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increase in long-term deficits: CBO estimates that enacting
S. 2981 would not increase on-budget deficits by more than $5
billion in any of the four consecutive 10-year periods
beginning in 2031.
Mandates: None.
Previous CBO estimate: On October 22, 2019, CBO transmitted
a cost estimate for H.R. 2406, the National Oceanic and
Atmospheric Administration Commissioned Officer Corps
Amendments Act of 2019, as ordered reported by the House
Committee on Natural Resources on September 18, 2019.
Provisions in titles I through IV of S. 2981 (relating to the
Commissioned Officer Corps) are similar to provisions of H.R.
2406 and CBO's estimates of their costs are the same.
Estimate prepared by: Federal Costs: Robert Reese;
Mandates: Brandon Lever.
Estimate reviewed by: Susan Willie, Chief, Natural and
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss,
Deputy Director of Budget Analysis; Theresa Gullo, Director of
Budget Analysis.
Regulatory Impact Statement
Because S. 2981 does not create any new programs, the
legislation will have no additional regulatory impact, and will
result in no additional reporting requirements. The legislation
will have no further effect on the number or types of
individuals and businesses regulated, the economic impact of
such regulation, the personal privacy of affected individuals,
or the paperwork required from such individuals and businesses.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title; table of contents.
This section would provide that the bill may be cited as
the ``National Oceanic and Atmospheric Administration
Commissioned Officer Corps Amendments Act of 2019''.
Section 2. References to National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002.
References for amendments or repeal would be considered to
be made to a section or provision of the NOAA Corps Act of
2002.
TITLE I--GENERAL PROVISIONS
Section 101. Strength and distribution in grade.
This section would establish the commissioned grades for
officers in the NOAA Corps, and authorizes the Secretary to
determine the proportion of officers assigned to ranks below
lieutenant commander. This section would require the Secretary
to annually determine the number of officers authorized for
service in each grade, but would protect officers from
demotion, pay cuts, or separation from the service as a result
of the Secretary's determination.
Section 102. Recalled officers.
Occasionally, the NOAA Corps needs to recall officers from
retired status for temporary duty, such as for disaster
response (e.g., Hurricane Katrina, Deepwater Horizon) or to
serve on personnel boards. It cannot do so if it is at
authorized strength, reducing its ability to have a surge
capacity.
This section would require that, in determining the number
of officers in each grade, officers serving in positions of
importance and responsibility\4\ and officers recalled from
retirement for temporary duty (for example, during a disaster
response), or officers detailed outside of the Administration
would not be counted in, or against, the total number of
authorized officers in the NOAA Corps.
---------------------------------------------------------------------------
\4\33 U.S.C. 3028.
---------------------------------------------------------------------------
Section 103. Obligated service requirement.
The NOAA Corps currently does not have any legislative
authority to bind officers to service by contract or
obligation. Theoretically, an officer could receive training
(costs up to $100,000, depending on type of training) and
resign from the Corps shortly thereafter. The other Services
require an obligated service for appointment, training,
promotion, etc. of officers to ensure they receive an adequate
return on investment in these categories. This section would
authorize the Secretary to bind NOAA Corps officers to an
obligation of service. It also would authorize the Secretary to
seek reimbursement from officers who do not meet their
obligated service requirements, would characterize that as a
debt owed to the United States, and would not allow such debt
to be discharged in a personal bankruptcy entered into less
than 5 years after execution of a service obligation. This
section would allow the Secretary to waive an obligation of
service requirement for an officer that is not qualified for
service.
Section 104. Training and physical fitness.
This section would authorize the Secretary to carry out
training programs and to require officers to maintain a state
of physical fitness substantially equivalent to that required
for officers in the USCG.
Section 105. Aviation accession training programs.
This section would authorize the Secretary to establish and
maintain an aviation training program for NOAA Corps. It would
describe the types of educational institutions where this type
of program could take place. It would describe the requirements
for students to be eligible for membership in the training
program and allow appointment of students to the NOAA Corps on
completion of the program. It would allow for financial aid for
the students. It would specify repayment conditions for
students who fail to complete the program or accept commission.
Section 106. Recruiting materials.
This section would authorize the Secretary the use of
products created as recruiting and advertising materials (such
as videos or pamphlets).
Section 107. Technical correction.
This section would correct a definition of active-duty NOAA
Corps officers.
TITLE II--PARITY AND RECRUITMENT
Section 201. Education loans.
The NOAA Corps does not have the same education loan
repayment recruiting incentives as the other Services. This is
particularly an issue when trying to increase Corps diversity
-- many other organizations use these types of incentives to
recruit minority students with a science and engineering
background. This section would authorize the Secretary to
create an education loan repayment program for certain
qualified NOAA Corps officers.
Section 202. Interest payments.
This section would authorize the Secretary to create an
interest payment program for student loans of certain active-
duty NOAA Corps officers.
Section 203. Student pre-commissioning program.
This section would authorize the Secretary to provide
financial assistance to support tuition and other education-
related costs of a currently enrolled student if the student
agrees to serve for a certain number of years as a NOAA Corps
officer upon completion of his or her educational program.
Section 204. Limitation on educational assistance.
This section would limit the total amount expended by the
Secretary for educational assistance programs (sections 201,
202, and 203) for NOAA Corps officers to the amount saved by
the creation of the officer candidate rank (section 306).
Section 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.
This section would extend the following, additional title
10 authorities to the NOAA Corps: prohibition on unauthorized
wearing of a uniform; rules regarding wearing religious apparel
in uniform; exemption for serving on certain juries;
administration of the oath; benefits and services for separated
members; family programs; notary service; mental health
resources; and educational assistance. It also would give
authority to allow the Secretary to accept certain voluntary
services, such as the implementation of an Ombudsman program.
Ombudsman programs are intended to improve communication
between the command and the family members of service members
within the command.
Section 206. Applicability of certain provisions of title 37, United
States Code.
This section would extend the following, additional title
37 authorities to the NOAA Corps: accession bonuses for
officers with critical skills; housing allowances while on
field or sea duty and housing allowances for dependents of
deceased members; personal spending allowances; recruiting
expenses; and funeral honors duty allowances.
Section 207. Prohibition on retaliatory personnel actions.
This section would amend 10 U.S.C. 1034 to include members
of the NOAA Corps in whistleblower protections provided to
members of the military.
Section 208. Application of certain provisions of competitive service
law.
This section would amend 5 U.S.C. 3304 to allow former NOAA
Corps officers to be eligible for consideration to competitive
service positions.
Section 209. Employment and reemployment rights.
This section would amend 38 U.S.C. 4303 to extend the
definition of uniformed services to include NOAA Corps officers
for the purposes of employment and reemployment rights granted
by chapter 43 of title 38.
Section 210. Treatment of commission in commissioned officer corps for
purposes of certain hiring decisions.
This section would define that an officer who has served in
the NOAA Corps for at least 3 years be deemed in a career or
career-conditional position. An officer will therefore be
qualified to apply for positions limited to individuals
currently employed within the Administration.
TITLE III--APPOINTMENTS AND PROMOTION OF OFFICERS
Section 301. Appointments.
This section would prescribe criteria for the appointment
of officers to NOAA Corps, and also allow for officers to be
reappointed at the same grade they held when they separated
from the NOAA Corps. It would allow officers to temporarily
separate and pursue personal goals (like starting a family) or
other opportunities outside the service, while providing a
mechanism for their return to active duty. This section would
authorize officers to be commissioned from the following
sources: officer training school; military service academies;
and licensed officers of the merchant marine with at least 2
years of service on a U.S. vessel. Finally, this section would
require the Secretary of Commerce to coordinate with the
Secretary of Defense and the Secretary of the Department in
which the Coast Guard is operating to promote inter-service
transfers of officers and would give preference to inter-
service transfers in recruiting new NOAA Corps officers, as
appropriate.
Section 302. Personnel boards.
This section would specify that the membership of personnel
boards may include officers serving in or above the grade of
the officers under consideration by the board, and may include
recalled, retired officers. The current law does not allow
retired or active officers below the pay grade of commander to
serve on personnel boards, and makes it very difficult to form
personnel boards, due to the Corps' inherent small size. This
would help to ensure the diversity of the boards. This section
would provide a NOAA Corps officer with the option to be
excluded from consideration for promotion at the officer's
request if that officer is pursuing professional or educational
goals, has a personal qualifying circumstance, it is in the
best interest of the Administration, or the officer was
previously not selected.
Section 303. Positions of importance and responsibility.
This section would establish the Director of the NOAA Corps
as a Senate confirmed position. This section would revert an
officer who has served in a grade above captain to a lower
grade at the beginning of terminal leave, unless appointed or
assigned to a higher grade. It would limit the total number of
officers serving on active duty in the grade of rear admiral
(lower half) or above to less than five, with a limit of one
vice admiral.
Section 304. Temporary appointments.
This section would establish a mechanism for junior
officers to be temporarily appointed by the President alone.
Section 305. Officer candidates.
This section would authorize the Secretary to create an
officer candidate rank for individuals who are in training
before receiving their commission. Currently, officers entering
the NOAA Corps for initial training are directly commissioned
as officers (Ensigns) on their first day. All other services
have a period where the individual is an officer candidate
before receiving a commission. This section would give NOAA the
authority to create an officer candidate rank, with reduced
pay. This would result in current savings of approximately
$115,000 annually, which could be used to pay for officer pre-
commissioning and education programs established elsewhere in
this bill.
Section 306. Procurement of personnel.
This section would authorize the Secretary to make
expenditures in order to recruit NOAA Corps officers.
Section 307. Career intermission program.
This section would authorize the Secretary to create a
program to allow officers to be inactivated from active service
to meet personal or professional needs and to return to active
service once these needs are met, with a written agreement from
the Secretary. This section would outline the terms to be
included in that agreement.
TITLE IV--SEPARATION AND RETIREMENT OF OFFICERS
Section 401. Involuntary retirement or separation.
This section would enable deferral of involuntary
retirement or separation due to medical conditions for officers
of any rank. Currently, the NOAA Corps can defer involuntary
separation of lieutenant commanders and below, but it cannot
for commanders and captains.
Section 402. Separation pay.
This section would clarify that separation pay may not be
paid to an officer discharged after two missed promotion
opportunities if he or she is not genuinely seeking a
promotion.
TITLE V--OTHER NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION MATTERS
Section 501. Charting and survey services.
This section would require the Secretary of Commerce to
enter into a contract or contracts for the procurement of not
less than two multi-year charters for hydrographic services
survey vessels with particular emphasis on the need to reduce
the backlog of unfulfilled needs for charting and surveys in
the Arctic.
Section 502. Leases and co-location agreements.
This section would allow the Administrator of NOAA to
execute non-competitive leases and co-location agreements for
real property and incidental goods and services with
governments and Tribes for periods of not more than 30 years.
Section 503. Satellite and data management.
This section would require the Administrator of NOAA to
consider ocean exploration when evaluating satellite systems
architecture. It would allow transactional authority for
observational systems and other uses. It would extend this
authority until 2030.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
UNITED STATES CODE
* * * * * * *
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
Subpart B--Employment and Retention
* * * * * * *
CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
* * * * * * *
Subchapter I--Examination, Certification, and Appointment
* * * * * * *
[5 U.S.C. 3304(f)]
Sec. 3304. Competitive service; examinations
(a) * * *
* * * * * * *
(f)(1) Preference eligibles or veterans who have been
separated from the armed forces and members of the commissioned
officer corps of the National Oceanic and Atmospheric
Administration (or its predecessor organization the Coast and
Geodetic Survey) separated from such uniformed service under
honorable conditions after 3 years or more of active service
may not be denied the opportunity to compete for vacant
positions for which the agency making the announcement will
accept applications from individuals outside its own workforce
under merit promotion procedures.
(2) If selected, a preference eligible [or veteran], veteran,
or member described in paragraph (1) shall receive a career or
career-conditional appointment, as appropriate.
(3) This subsection shall not be construed to confer an
entitlement to veterans' preference that is not otherwise
required by law.
(4) The area of consideration for all merit promotion
announcements which include consideration of individuals of the
Federal workforce shall indicate that preference eligibles and
veterans who have been separated from the armed forces and
members of the commissioned officer corps of the National
Oceanic and Atmospheric Administration (or its predecessor
organization the Coast and Geodetic Survey) separated from such
uniformed service under honorable conditions after 3 years or
more of active service are eligible to apply. The announcements
shall be publicized in accordance with section 3327.
(5) The Office of Personnel Management shall prescribe
regulations necessary for the administration of this
subsection. The regulations shall ensure that an individual who
has completed an initial tour of active duty is not excluded
from the application of this subsection because of having been
released from such tour of duty shortly before completing 3
years of active service, having been honorably released from
such duty.
* * * * * * *
TITLE 10--ARMED FORCES
* * * * * * *
Subtitle A--General Military Law
* * * * * * *
PART II--PERSONNEL
* * * * * * *
CHAPTER 53--MISCELLANEOUS RIGHTS AND BENEFITS
* * * * * * *
[10 U.S.C. 1044a]
Sec. 1044. Authority to act as notary
(a) The persons named in subsection (b) have the general
powers of a notary public and of a consul of the United States
in the performance of all notarial acts to be executed by any
of the following:
(1) Members of any of the [armed forces] uniformed
services.
(2) * * *
(3) * * *
(4) * * *
(b) Persons with the powers described in subsection (a) are
the following:
(1) * * *
(2) * * *
(3) * * *
(4) All other members of the [armed forces] uniformed
services, including reserve members when not in a duty
status, who are designated by regulations of the [armed
forces] uniformed services or by statute to have those
powers.
* * * * * * *
CHAPTER 81--CIVILIAN EMPLOYEES
* * * * * * *
[10 U.S.C. 1588]
Sec. 1588. Authority to accept certain voluntary services
(a) Authority To Accept Services.--Subject to subsection (b)
and notwithstanding section 1342 of title 31, the Secretary
concerned may accept from any person the following services:
(1) Voluntary medical services, dental services,
nursing services, or other health-care related
services.
(2) Voluntary services to be provided for a museum or
a natural resources program.
(3) Voluntary services to be provided for programs
providing services to members of the [armed forces]
uniformed services and the families of such members,
including the following programs:
* * * * * * *
(b) * * *
(c) * * *
(d) * * *
(e) * * *
(f) * * *
(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.
* * * * * * *
PART III--TRAINING AND EDUCATION
* * * * * * *
CHAPTER 107--PROFESSIONAL MILITARY EDUCATION
* * * * * * *
[10 U.S.C. 2153]
Sec. 2153. Capstone course: newly selected general and flag officers
(a) Requirement.--Each officer selected for promotion to the
grade of brigadier general or, in the case of the Navy or the
commissioned officer corps of the National Oceanic and
Atmospheric Administration, rear admiral (lower half) shall be
required, after such selection, to attend a military education
course designed specifically to prepare new general and flag
officers to work with the [other armed forces] other uniformed
services.
(b) Waiver Authority.--(1) Subject to paragraph (2), the
Secretary of Defense or the Secretary of Commerce, as
applicable, may waive subsection (a)--
* * * * * * *
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
* * * * * * *
CHAPTER 3--BASIC PAY
* * * * * * *
Sec. 203. Rates
(a)(1) * * *
* * * * * * *
(e)(1) * * *
(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.
* * * * * * *
CHAPTER 7--ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES
* * * * * * *
[37 U.S.C. 414(a)(2)]
Sec. 414. Personal money allowance
(a) Allowance for Officers Serving in Certain Ranks or
Positions.--In addition to other pay or allowances authorized
by this title, an officer who is entitled to basic pay is
entitled to a personal money allowance of--
(1) $500 a year, while serving in the grade of
lieutenant general or vice admiral, or in an equivalent
grade or rank;
(2) $1,200 a year, in place of any other personal
money allowance authorized by this section while
serving as Surgeon General of the Public Health Service
or the director of the commissioned officer corps of
the National Oceanic and Atmospheric Administration;
* * * * * * *
TITLE 38--VETERANS' BENEFITS
* * * * * * *
PART I--GENERAL PROVISIONS
* * * * * * *
CHAPTER 1--GENERAL
* * * * * * *
[38 U.S.C. 101(21)(C)]
Sec. 101. Definitions
For the purposes of this title--
(1) * * *
* * * * * * *
(21) The term ``active duty'' means--
(A) * * *
(B) * * *
(C) full-time duty as a commissioned officer
in the commissioned officer corps of the
National Oceanic and Atmospheric Administration
or its predecessor organization the Coast and
Geodetic Survey (i) on or after July 29, 1945,
or (ii) before that date (I) while on transfer
to one of the Armed Forces, or (II) while, in
time of war or national emergency declared by
the President, assigned to duty on a project
for one of the Armed Forces in an area
determined by the Secretary of Defense to be of
immediate military hazard, or (III) in the
Philippine Islands on December 7, 1941, and
continuously in such islands thereafter, or
(iii) at any time, for the purposes of chapter
13 of this title;
* * * * * * *
PART III--READJUSTMENT AND RELATED BENEFITS
* * * * * * *
CHAPTER 43--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES
* * * * * * *
Subchapter I--General
* * * * * * *
Sec. 4303. Definitions
For the purposes of this chapter--
(1) * * *
* * * * * * *
(16) The term ``uniformed services'' means the Armed Forces,
the Army National Guard and the Air National Guard when engaged
in active duty for training, inactive duty training, or full-
time National Guard duty, the commissioned corps of the Public
Health Service, the commissioned officer corps of the National
Oceanic and Atmospheric Administration, System members of the
National Urban Search and Rescue Response System during a
period of appointment into Federal service under section 327 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act, and any other category of persons designated by the
President in time of war or national emergency.
* * * * * * *
AN ACT TO REAUTHORIZE THE HYDROGRAPHIC SERVICES IMPROVEMENT ACT OF
1998, AND FOR OTHER PURPOSES
[Pub. L. 107-372, as amended by Pub. L. 110-386]
* * * * * * *
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
* * * * * *
TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED
OFFICER CORPS
Sec. 201. Short title.
Subtitle A--General Provisions
Sec. 211. Commissioned officer corps.
Sec. 212. Definitions.
Sec. 213. Authorized number on the active list.
Sec. 214. Strength and distribution in grade.
[Sec. 215. Authorized number for fiscal years 2003 through 2005.]
Sec. 215. Number of authorized commissioned officers.
Sec. 216. Obligated service requirement.
Sec. 217. Training and physical fitness.
Sec. 218. Aviation accession training programs.
Sec. 219. Use of recruiting materials for public relations.
Subtitle B--Appointment and Promotion of Officers
[Sec. 221. Original appointments.]
Sec. 221. Original appointments and reappointments.
Sec. 222. Personnel boards.
Sec. 223. Promotion of ensigns to grade of lieutenant (junior grade).
Sec. 224. Promotion by selection to permanent grades above lieutenant
(junior grade).
Sec. 225. Length of service for promotion purposes.
Sec. 226. Appointments and promotions to permanent grades.
Sec. 227. General qualification of officers for promotion to higher
permanent grade.
Sec. 228. Positions of importance and responsibility.
[Sec. 229. Temporary appointments and promotions generally.]
Sec. 229. Temporary appointments.
Sec. 230. Temporary appointment or advancement of commissioned officers
in time of war or national emergency.
Sec. 231. Pay and allowances; date of acceptance of promotion.
Sec. 232. Service credit as deck officer or junior engineer for
promotion purposes.
Sec. 233. Suspension during war or emergency.
Sec. 234. Officer candidates.
Sec. 235. Procurement of personnel.
Sec. 236. Career flexibility to enhance retention of officers.
* * * * * *
Subtitle E--Rights and Benefits
Sec. 261. Applicability of certain provisions of title 10, United States
Code.
Sec. 261A. Applicability of certain provisions of title 37, United
States Code.
Sec. 262. Eligibility for veterans benefits and other rights,
privileges, immunities,and benefits under certain provisions
of law.
Sec. 263. Medical and dental care.
Sec. 264. Commissary privileges.
Sec. 265. Authority to use appropriated funds for transportation and
reimbursement of certain items.
Sec. 266. Presentation of United States flag upon retirement.
Sec. 267. Education loan repayment program.
Sec. 268. Interest payment program.
Sec. 269. Student pre-commissioning education assistance program.
Sec. 269A. Treatment of commission in commissioned officer corps as
employment in Administration for purposes of certain hiring
decisions.
* * * * * * *
TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED
OFFICER CORPS ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``National Oceanic and
Atmospheric Administration Commissioned Officer Corps Act of
2002''.
Subtitle A--General Provisions
* * * * * * *
[33 U.S.C. 3002 et seq.]
SEC. 212. DEFINITIONS.
(a) * * *
(b) Additional Definitions.--In this title:
(1) Active duty.--The term ``active duty'' means
full-time duty in the active service of a uniformed
service.
(2) Grade.--The term ``grade'' means a step or
degree, in a graduated scale of office or rank, that is
established and designated as a grade by law or
regulation.
(3) Officer.--The term ``officer'' means an officer
of the commissioned corps.
(4) Officer candidate.--The term ``officer
candidate'' means an individual who is enrolled in the
basic officer training program of the Administration
and is under consideration for appointment as an
officer under section 221(a)(2)(A).
[(4)](5) Flag officer.--The term ``flag officer''
means an officer serving in, or having the grade of,
vice admiral, rear admiral, or rear admiral (lower
half).
[(5)](6) Secretary.--The term ``Secretary'' means the
Secretary of Commerce.
[(6)](7) Administration.--The term ``Administration''
means the National Oceanic and Atmospheric
Administration.
SEC. 213. * * *
[SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.
[(a) Relative Rank; Proportion.--Of the total authorized
number of officers on the lineal list of the commissioned
corps, there are authorized numbers in permanent grade, in
relative rank with officers of the Navy, in proportions as
follows:
[(1) 8 in the grade of captain.
[(2) 14 in the grade of commander.
[(3) 19 in the grade of lieutenant commander.
[(4) 23 in the grade of lieutenant.
[(5) 18 in the grade of lieutenant (junior grade).
[(6) 18 in the grade of ensign.
[(b) Computation of Number in Grade.--
[(1) In general.--Subject to paragraph (2), whenever
a final fraction occurs in computing the authorized
number of officers in a grade, the nearest whole number
shall be taken, and if the fraction is one-half the
next higher whole number shall be taken.
[(2) Limitation on increase in total number.--The
total number of officers on the lineal list authorized
by law may not be increased as the result of the
computations prescribed in this section, and if
necessary the number of officers in the lowest grade
shall be reduced accordingly.
[(c) Preservation of Grade and Pay, Etc.--No officer may be
reduced in grade or pay or separated from the commissioned
corps as the result of a computation made to determine the
authorized number of officers in the various grades.
[(d) Filling of Vacancies; Additional Numbers.--Nothing in
this section may be construed as requiring the filling of any
vacancy or as prohibiting additional numbers in any grade to
compensate for vacancies existing in higher grades.
[(e) Temporary Increase in Numbers.--The total number of
officers authorized by law to be on the lineal list during a
fiscal year may be temporarily exceeded so long as the average
number on that list during that fiscal year does not exceed the
authorized number.]
SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.
(a) Grades.--The commissioned grades in the commissioned
officer corps of the Administration are the following, in
relative rank with officers of the Navy:
(1) Vice admiral.
(2) Rear admiral.
(3) Rear admiral (lower half).
(4) Captain.
(5) Commander.
(6) Lieutenant commander.
(7) Lieutenant.
(8) Lieutenant (junior grade).
(9) Ensign.
(b) Grade Distribution.--The Secretary shall prescribe, with
respect to the distribution on the lineal list in grade, the
percentages applicable to the grades set forth in subsection
(a).
(c) Annual Computation of Number in Grade.--
(1) In general.--Not less frequently than once each
year, the Secretary shall make a computation to
determine the number of officers on the lineal list
authorized to be serving in each grade.
(2) Method of computation.--The number in each grade
shall be computed by applying the applicable percentage
to the total number of such officers serving on active
duty on the date the computation is made.
(3) Fractions.--If a final fraction occurs in
computing the authorized number of officers in a grade,
the nearest whole number shall be taken. If the
fraction is one-half, the next higher whole number
shall be taken.
(d) Temporary Increase in Numbers.--The total number of
officers authorized by law to be on the lineal list during a
fiscal year may be temporarily exceeded if the average number
on that list during that fiscal year does not exceed the
authorized number.
(e) Positions of Importance and Responsibility.--Officers
serving in positions designated under section 228(a) and
officers recalled from retired status shall not be counted when
computing authorized strengths under subsection (c) and shall
not count against those strengths.
(f) Preservation of Grade and Pay.--No officer may be reduced
in grade or pay or separated from the commissioned officer
corps of the Administration as the result of a computation made
to determine the authorized number of officers in the various
grades.
[SEC. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFICERS.
[Effective October 1, 2009, the total number of authorized
commissioned officers on the lineal list of the commissioned
corps of the National Oceanic and Atmospheric Administration
shall be increased from 321 to 379 if--
[(1) the Secretary has submitted to the Congress--
[(A) the Administration's ship
recapitalization plan for fiscal years 2010
through 2024;
[(B) the Administration's aircraft
remodernization plan; and
[(C) supporting workforce management plans;
[(2) appropriated funding is available; and
[(3) the Secretary has justified organizational needs
for the commissioned corps for each such fiscal year.
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.
SEC. 216. OBLIGATED SERVICE REQUIREMENT.
(a) In General.--
(1) Regulations.--The Secretary shall prescribe the
obligated service requirements for appointments,
training, promotions, separations, continuations, and
retirements of officers not otherwise covered by law.
(2) Written agreements.--The Secretary and officers
shall enter into written agreements that describe the
officers' obligated service requirements prescribed
under paragraph (1) in return for such appointments,
training, promotions, separations, continuations, and
retirements as the Secretary considers appropriate.
(b) Repayment for Failure to Satisfy Requirements.--
(1) In general.--The Secretary may require an officer
who fails to meet the service requirements prescribed
under subsection (a)(1) to reimburse the Secretary in
an amount that bears the same ratio to the total costs
of the training provided to that officer by the
Secretary as the unserved portion of active duty bears
to the total period of active duty the officer agreed
to serve.
(2) Obligation as debt to united states.--An
obligation to reimburse the Secretary under paragraph
(1) is, for all purposes, a debt owed to the United
States.
(3) Discharge in bankruptcy.--A discharge in
bankruptcy under title 11 that is entered less than
five years after the termination of a written agreement
entered into under subsection (a)(2) does not discharge
the individual signing the agreement from a debt
arising under such agreement.
(c) Waiver or Suspension of Compliance.--The Secretary may
waive the service obligation of an officer who--
(1) becomes unqualified to serve on active duty in
the commissioned officer corps of the Administration
because of a circumstance not within the control of
that officer; or
(2) is--
(A) not physically qualified for appointment;
and
(B) determined to be unqualified for service
in the commissioned officer corps of the
Administration because of a physical or medical
condition that was not the result of the
officer's own misconduct or grossly negligent
conduct.
SEC. 217. TRAINING AND PHYSICAL FITNESS.
(a) Training.--The Secretary may take such measures as may be
necessary to ensure that officers are prepared to carry out
their duties in the commissioned officer corps of the
Administration and proficient in the skills necessary to carry
out such duties. Such measures may include the following:
(1) Carrying out training programs and correspondence
courses, including establishing and operating a basic
officer training program to provide initial
indoctrination and maritime vocational training for
officer candidates as well as refresher training, mid-
career training, aviation training, and such other
training as the Secretary considers necessary for
officer development and proficiency.
(2) Providing officers and officer candidates with
educational materials.
(3) Acquiring such equipment as may be necessary for
training and instructional purposes.
(b) Physical Fitness.--The Secretary shall ensure that
officers maintain a high physical state of readiness by
establishing standards of physical fitness for officers that
are substantially equivalent to those prescribed for officers
in the Coast Guard.
SEC. 218. AVIATION ACCESSION TRAINING PROGRAMS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means
the Under Secretary of Commerce for Oceans and
Atmosphere and the Administrator of the National
Oceanic and Atmospheric Administration.
(2) Member of the program.--The term ``member of the
program'' means a student who is enrolled in the
program.
(3) Program.--The term ``program'' means an aviation
accession training program of the commissioned officer
corps of the Administration established pursuant to
subsection (b).
(b) Aviation Accession Training Programs.--
(1) Establishment authorized.--The Administrator,
under regulations prescribed by the Secretary, shall
establish and maintain one or more aviation accession
training programs for the commissioned officer corps of
the Administration at institutions described in
paragraph (2).
(2) Institutions described.--An institution described
in this paragraph is an educational institution--
(A) that requests to enter into an agreement
with the Administrator providing for the
establishment of the program at the
institution;
(B) that has, as a part of its curriculum, a
four-year baccalaureate program of professional
flight and piloting instruction that is
accredited by the Aviation Accreditation Board
International;
(C) that is located in a geographic area
that--
(i) experiences a wide variation in
climate-related activity, including
frequent high winds, convective
activity (including tornadoes), periods
of low visibility, heat, and snow and
ice episodes, to provide opportunities
for pilots to demonstrate skill in all
weather conditions compatible with
future encounters during their service
in the commissioned officer corps of
the Administration; and
(ii) has a climate that can
accommodate both primary and advanced
flight training activity at least 75
percent of the year; and
(D) at which the Administrator determines
that--
(i) there will be at least one
student enrolled in the program; and
(ii) the provisions of this section
are otherwise satisfied.
(3) Limitations in connection with particular
institutions.--The program may not be established or
maintained at an institution unless--
(A) the senior commissioned officer or
employee of the commissioned officer corps of
the Administration who is assigned as an
advisor to the program at that institution is
given the academic rank of adjunct professor;
and
(B) the institution fulfills the terms of its
agreement with the Administrator.
(4) Membership in connection with status as
student.--At institutions at which the program is
established, the membership of students in the program
shall be elective, as provided by State law or the
authorities of the institution concerned.
(c) Membership.--
(1) Eligibility.--To be eligible for membership in
the program an individual must--
(A) be a student at an institution at which
the program is established;
(B) be a citizen of the United States;
(C) contract in writing, with the consent of
a parent or guardian if a minor, with the
Administrator, to--
(i) accept an appointment, if
offered, as a commissioned officer in
the commissioned officer corps of the
Administration; and
(ii) serve in the commissioned
officer corps of the Administration for
not fewer than four years;
(D) enroll in--
(i) a four-year baccalaureate program
of professional flight and piloting
instruction; and
(ii) other training or education,
including basic officer training, which
is prescribed by the Administrator as
meeting the preliminary requirement for
admission to the commissioned officer
corps of the Administration; and
(E) execute a certificate or take an oath
relating to morality and conduct in such form
as the Administrator prescribes.
(2) Completion of program.--A member of the program
may be appointed as a regular officer in the
commissioned officer corps of the Administration if the
member meets all requirements for appointment as such
an officer.
(d) Financial Assistance for Qualified Members.--
(1) Expenses of course of instruction.--
(A) In general.--In the case of a member of
the program who meets such qualifications as
the Administrator establishes for purposes of
this subsection, the Administrator may pay the
expenses of the member in connection with
pursuit of a course of professional flight and
piloting instruction under the program,
including tuition, fees, educational materials
such as books, training, certifications,
travel, and laboratory expenses.
(B) Assistance after fourth academic year.--
In the case of a member of the program
described in subparagraph (A) who is enrolled
in a course described in that subparagraph that
has been approved by the Administrator and
requires more than four academic years for
completion, including elective requirements of
the program, assistance under this subsection
may also be provided during a fifth academic
year or during a combination of a part of a
fifth academic year and summer sessions.
(2) Room and board.--In the case of a member eligible
to receive assistance under paragraph (1), the
Administrator may, in lieu of payment of all or part of
such assistance, pay the room and board expenses of the
member, and other educational expenses, of the
educational institution concerned.
(3) Failure to complete program or accept
commission.--A member of the program who receives
assistance under this subsection and who does not
complete the course of instruction, or who completes
the course but declines to accept a commission in the
commissioned officer corps of the Administration when
offered, shall be subject to the repayment provisions
of subsection (e).
(e) Repayment of Unearned Portion of Financial Assistance
When Conditions of Payment Not Met.--
(1) In general.--A member of the program who receives
or benefits from assistance under subsection (d), and
whose receipt of or benefit from such assistance is
subject to the condition that the member fully satisfy
the requirements of subsection (c), shall repay to the
United States an amount equal to the assistance
received or benefitted from if the member fails to
fully satisfy such requirements and may not receive or
benefit from any unpaid amounts of such assistance
after the member fails to satisfy such requirements,
unless the Administrator determines that the imposition
of the repayment requirement and the termination of
payment of unpaid amounts of such assistance with
regard to the member would be--
(A) contrary to a personnel policy or
management objective;
(B) against equity and good conscience; or
(C) contrary to the best interests of the
United States.
(2) Regulations.--The Administrator may establish, by
regulations, procedures for determining the amount of
the repayment required under this subsection and the
circumstances under which an exception to repayment may
be granted. The Administrator may specify in the
regulations the conditions under which financial
assistance to be paid to a member of the program will
not be made if the member no longer satisfies the
requirements in subsection (c) or qualifications in
subsection (d) for such assistance.
(3) Obligation as debt to united states.--An
obligation to repay the United States under this
subsection is, for all purposes, a debt owed to the
United States.
SEC. 219. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS.
The Secretary may use for public relations purposes of the
Department of Commerce any advertising materials developed for
use for recruitment and retention of personnel for the
commissioned officer corps of the Administration. Any such use
shall be under such conditions and subject to such restrictions
as the Secretary shall prescribe.
Subtitle B--Appointment and Promotion of Officers
[SEC. 221. ORIGINAL APPOINTMENTS.
[(a) In General.--
[(1) Grades.--Original appointments may be made in
the grades of ensign, lieutenant (junior grade), and
lieutenant.
[(2) Qualifications.--Under regulations prescribed by
the Secretary, such an appointment may be given only to
a person who--
[(A) meets the qualification requirements
specified in paragraphs (1) through (4) of
section 532(a) of title 10, United States Code;
and
[(B) has such other special qualifications as
the Secretary may prescribe by regulation.
[(3) Examination.--A person may be given such an
appointment only after passage of a mental and physical
examination given in accordance with regulations
prescribed by the Secretary.
[(4) Revocation of commission of officers found not
qualified.--The President may revoke the commission of
any officer appointed under this section during the
officer's first three years of service if the officer
is found not qualified for the service. Any such
revocation shall be made under regulations prescribed
by the President.
[(b) Lineal List.--Each person appointed under this section
shall be placed on the lineal list in a position commensurate
with that person's age, education, and experience, in
accordance with regulations prescribed by the Secretary.
[(c) Service Credit Upon Original Appointment in Grade Above
Ensign.--
[(1) In general.--For the purposes of basic pay, a
person appointed under this section in the grade of
lieutenant shall be credited as having, on the date of
that appointment, three years of service, and a person
appointed under this section in the grade of lieutenant
(junior grade) shall be credited as having, as of the
date of that appointment, 1\1/2\ years of service.
[(2) Higher credit under other law.--If a person
appointed under this section is entitled to credit for
the purpose of basic pay under any other provision of
law that would exceed the amount of credit authorized
by paragraph (1), that person shall be credited with
that amount of service in lieu of the credit authorized
by paragraph (1).]
SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINTMENTS.
(a) Original Appointments.--
(1) Grades.--
(A) In general.--Except as provided in
subparagraph (B), an original appointment of an
officer may be made in such grades as may be
appropriate for--
(i) the qualification, experience,
and length of service of the appointee;
and
(ii) the commissioned officer corps
of the Administration.
(B) Appointment of officer candidates.--
(i) Limitation on grade.--An original
appointment of an officer candidate,
upon graduation from the basic officer
training program of the commissioned
officer corps of the Administration,
may not be made in any other grade than
ensign.
(ii) Rank.--Officer candidates
receiving appointments as ensigns upon
graduation from 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) 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 three 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, West Point, New York.
(ii) The United States Naval Academy,
Annapolis, Maryland.
(iii) The United States Air Force
Academy, Colorado Springs, Colorado.
(iv) The United States Coast Guard
Academy, New London, Connecticut.
(v) The United States Merchant Marine
Academy, Kings Point, New York.
(b) Reappointment.--
(1) In general.--Except as provided in paragraph (2),
an individual who previously served in the commissioned
officer corps of the Administration may be appointed by
the Secretary to the grade the individual held prior to
separation.
(2) Reappointments to higher grades.--An appointment
under paragraph (1) to a position of importance and
responsibility designated under section 228 may only be
made by the President.
(c) Qualifications.--An appointment under subsection (a) or
(b) may not be given to an individual until the individual's
mental, moral, physical, and professional fitness to perform
the duties of an officer has been established under such
regulations as the Secretary shall prescribe.
(d) Order of Precedence.--Appointees under this section shall
take precedence in the grade to which appointed in accordance
with the dates of their commissions as commissioned officers in
such grade. The order of precedence of appointees whose dates
of commission are the same shall be determined by the
Secretary.
(e) Inter-Service Transfers.--For inter-service transfers (as
described in Department of Defense Directive 1300.4 (dated
December 27, 2006)) the Secretary shall--
(1) coordinate with the Secretary of Defense and the
Secretary of the Department in which the Coast Guard is
operating to promote and streamline inter-service
transfers;
(2) give preference to such inter-service transfers
for recruitment purposes as determined appropriate by
the Secretary; and
(3) reappoint such inter-service transfers to the
equivalent grade in the commissioned officer corps of
the Administration.
[SEC. 222. PERSONNEL BOARDS.
[(a) Convening.--At least once a year and at such other times
as the Secretary determines necessary, the Secretary shall
convene a personnel board. A personnel board shall consist of
not less than five officers on the lineal list in the permanent
grade of commander or above.
[(b) Duties.--Each personnel board shall--
[(1) recommend to the Secretary such changes in the
lineal list as the board may determine; and
[(2) make selections and recommendations to the
Secretary and President for the appointment, promotion,
separation, continuation, and retirement of officers as
prescribed in this subtitle and subtitle C.
[(c) Action on Recommendations Not Acceptable.--In a case in
which any recommendation by a board convened under subsection
(a) is not accepted by the Secretary or the President, the
board shall make such further recommendations as are
acceptable.]
SEC. 222. PERSONNEL BOARDS.
(a) Convening.--Not less frequently than once each year and
at such other times as the Secretary determines necessary, the
Secretary shall convene a personnel board.
(b) Membership.--
(1) In general.--A board convened under subsection
(a) shall consist of five or more officers who are
serving in or above the permanent grade of the officers
under consideration by the board.
(2) Retired officers.--Officers on the retired list
may be recalled to serve on such personnel boards as
the Secretary considers necessary.
(3) No membership on two successive boards.--No
officer may be a member of two successive personnel
boards convened to consider officers of the same grade
for promotion or separation.
(c) Duties.--Each personnel board shall--
(1) recommend to the Secretary such changes as may be
necessary to correct any erroneous position on the
lineal list that was caused by administrative error;
and
(2) make selections and recommendations to the
Secretary and the President for the appointment,
promotion, involuntary separation, continuation, and
involuntary retirement of officers in the commissioned
officer corps of the Administration as prescribed in
this title.
(d) Action on Recommendations Not Acceptable.--If any
recommendation by a board convened under subsection (a) is not
accepted by the Secretary or the President, the board shall
make such further recommendations as the Secretary or the
President considers appropriate.
(e) Authority for Officers to Opt Out of Promotion
Consideration.--
(1) In general.--The Director of the National Oceanic
and Atmospheric Administration Commissioned Officer
Corps may provide that an officer, upon the officer's
request and with the approval of the Director, be
excluded from consideration for promotion by a
personnel board convened under this section.
(2) Approval.--The Director shall approve a request
made by an officer under paragraph (1) only if--
(A) the basis for the request is to allow the
officer to complete a broadening assignment,
advanced education, another assignment of
significant value to the Administration, a
career progression requirement delayed by the
assignment or education, or a qualifying
personal or professional circumstance, as
determined by the Director;
(B) the Director determines the exclusion
from consideration is in the best interest of
the Administration; and
(C) the officer has not previously failed
selection for promotion to the grade for which
the officer requests the exclusion from
consideration.
* * * * * * *
[33 U.S.C. 3028 et seq.]
SEC. 228. POSITIONS OF IMPORTANCE AND RESPONSIBILITY
(a) * * *
(b) * * *
(c) Director of NOAA Corps and Office of Marine and Aviation
Operations.--[The Secretary shall designate one position under
this section] The President shall designate one position as
responsible for oversight of the vessel and aircraft fleets and
for the administration of the commissioned officer corps. [That
position shall be filled by] The President shall fill that
position by appointing, by and with the advice and consent of
the Senate, an officer on the lineal list serving in or above
the grade of rear admiral (lower half). For the specific
purpose of administering the commissioned officer corps, that
position shall carry the title of Director of the National
Oceanic and Atmospheric Administration Commissioned Officer
Corps. For the specific purpose of administering the vessel and
aircraft fleets, that position shall carry the title of
Director of the Office of Marine and Aviation Operations.
(d) Grade.--
(1) * * *
(2) Reversion to permanent grade.--An officer who has
served in a grade above captain, upon termination of
the officer's assignment to the position for which that
appointment was made, shall, unless appointed or
assigned to another position for which a higher grade
is designated or immediately beginning a period of
terminal leave, revert to the grade and number the
officer would have occupied but for serving in a grade
above that of captain. In such a case, the officer
shall be an extra number in that grade.
[(e) Number of Officers Appointed.--
[(1) Overall limit.--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 four.
[(2) Limit by grade.--The number of officers serving
on active duty under appointments under this section
may not exceed--
[(A) one in the grade of vice admiral;
[(B) two in the grade of rear admiral; and
[(C) two in the grade of rear admiral (lower
half).]
(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.
(f) Pay and Allowances.--An officer appointed to a grade
under this section, while serving in that grade or in a period
of annual leave used at the end of the appointment, shall have
the pay and allowances of the grade to which appointed.
(g) * * *
[SEC. 229. TEMPORARY APPOINTMENTS AND PROMOTIONS GENERALLY.
[(a) Ensign.--Temporary appointments in the grade of ensign
may be made by the President. Each such temporary appointment
terminates at the close of the next regular session of the
Congress.
[(b) Lieutenant (Junior Grade).--Officers in the permanent
grade of ensign may be temporarily promoted to and appointed in
the grade of lieutenant (junior grade) by the President
whenever vacancies exist in higher grades.
[(c) Any One Grade.--When determined by the Secretary to be
in the best interest of the service, officers in any permanent
grade may be temporarily promoted one grade by the President.
Any such temporary promotion terminates upon the transfer of
the officer to a new assignment.]
SEC. 229. TEMPORARY APPOINTMENTS.
(a) Appointments by President.--Temporary appointments in the
grade of ensign, lieutenant junior grade, or lieutenant may be
made by the President.
(b) Termination.--A temporary appointment to a position under
subsection (a) shall terminate upon approval of a permanent
appointment for such position made by the President.
(c) Order of Precedence.--Appointees under subsection (a)
shall take precedence in the grade to which appointed in
accordance with the dates of their appointments as officers in
such grade. The order of precedence of appointees who are
appointed on the same date shall be determined by the
Secretary.
(d) Any One Grade.--When determined by the Secretary to be in
the best interest of the commissioned officer corps 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.
* * * * * * *
SEC. 233. * * *
SEC. 234. OFFICER CANDIDATES.
(a) Determination of Number.--The Secretary shall determine
the number of appointments of officer candidates.
(b) Appointment.--Appointment of officer candidates shall be
made under regulations, which the Secretary shall prescribe,
including regulations with respect to determining age limits,
methods of selection of officer candidates, term of service as
an officer candidate before graduation from the basic officer
training program of the Administration, and all other matters
affecting such appointment.
(c) Dismissal.--The Secretary may dismiss from the basic
officer training program of the Administration any officer
candidate who, during the officer candidate's term as an
officer candidate, the Secretary considers unsatisfactory in
either academics or conduct, or not adapted for a career in the
commissioned officer corps of the Administration. Officer
candidates shall be subject to rules governing discipline
prescribed by the Director of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps.
(d) Agreement.--
(1) In general.--Each officer candidate shall sign an
agreement with the Secretary in accordance with section
216(a)(2) regarding the officer candidate's term of
service in the commissioned officer corps of the
Administration.
(2) Elements.--An agreement signed by an officer
candidate under paragraph (1) shall provide that the
officer candidate agrees to the following:
(A) That the officer candidate will complete
the course of instruction at the basic officer
training program of the Administration.
(B) That upon graduation from such program,
the officer candidate--
(i) will accept an appointment, if
tendered, as an officer; and
(ii) will serve on active duty for at
least four years immediately after such
appointment.
(e) Regulations.--The Secretary shall prescribe regulations
to carry out this section. Such regulations shall include--
(1) standards for determining what constitutes a
breach of an agreement signed under subsection (d)(1);
and
(2) procedures for determining whether such a breach
has occurred.
(f) Repayment.--An officer candidate or former officer
candidate who does not fulfill the terms of the obligation to
serve as specified under subsection (d) shall be subject to the
repayment provisions of section 216(b).
SEC. 235. PROCUREMENT OF PERSONNEL.
The Secretary may make such expenditures as the Secretary
considers necessary in order to obtain recruits for the
commissioned officer corps of the Administration, including
advertising.
SEC. 236. CAREER FLEXIBILITY TO ENHANCE RETENTION OF OFFICERS.
(a) Programs Authorized.--The Secretary may carry out a
program under which officers may be inactivated from active
duty in order to meet personal or professional needs and
returned to active duty at the end of such period of
inactivation from active duty.
(b) Period of Inactivation From Active Duty; Effect of
Inactivation.--
(1) In general.--The period of inactivation from
active duty under a program under this section of an
officer participating in the program shall be such
period as the Secretary shall specify in the agreement
of the officer under subsection (c), except that such
period may not exceed three years.
(2) Exclusion from retirement.--Any period of
participation of an officer in a program under this
section shall not count toward eligibility for
retirement or computation of retired pay under subtitle
C.
(c) Agreement.--Each officer who participates in a program
under this section shall enter into a written agreement with
the Secretary under which that officer shall agree as follows:
(1) To undergo during the period of the inactivation
of the officer from active duty under the program such
inactive duty training as the Director of the National
Oceanic and Atmospheric Administration Commissioned
Officer Corps shall require in order to ensure that the
officer retains proficiency, at a level determined by
the Director to be sufficient, in the technical skills,
professional qualifications, and physical readiness of
the officer during the inactivation of the officer from
active duty.
(2) Following completion of the period of the
inactivation of the officer from active duty under the
program, to serve two months on active duty for each
month of the period of the inactivation of the officer
from active duty under the program.
(d) Conditions of Release.--The Secretary shall--
(1) prescribe regulations specifying the guidelines
regarding the conditions of release that must be
considered and addressed in the agreement required by
subsection (c); and
(2) at a minimum, prescribe the procedures and
standards to be used to instruct an officer on the
obligations to be assumed by the officer under
paragraph (1) of such subsection while the officer is
released from active duty.
(e) Order to Active Duty.--Under regulations prescribed by
the Secretary, an officer participating in a program under this
section may, in the discretion of the Secretary, be required to
terminate participation in the program and be ordered to active
duty.
(f) Pay and Allowances.--
(1) Basic pay.--During each month of participation in
a program under this section, an officer who
participates in the program shall be paid basic pay in
an amount equal to two-thirtieths of the amount of
monthly basic pay to which the officer would otherwise
be entitled under section 204 of title 37, United
States Code, as a member of the uniformed services on
active duty in the grade and years of service of the
officer when the officer commences participation in the
program.
(2) Special or incentive pay or bonus.--
(A) Prohibition.--An officer who participates
in a program under this section shall not,
while participating in the program, be paid any
special or incentive pay or bonus to which the
officer is otherwise entitled under an
agreement under chapter 5 of title 37, United
States Code, that is in force when the officer
commences participation in the program.
(B) Not treated as failure to perform
services.--The inactivation from active duty of
an officer participating in a program under
this section shall not be treated as a failure
of the officer to perform any period of service
required of the officer in connection with an
agreement for a special or incentive pay or
bonus under chapter 5 of title 37, United
States Code, that is in force when the officer
commences participation in the program.
(3) Return to active duty.--
(A) Special or incentive pay or bonus.--
Subject to subparagraph (B), upon the return of
an officer to active duty after completion by
the officer of participation in a program under
this section--
(i) any agreement entered into by the
officer under chapter 5 of title 37,
United States Code, for the payment of
a special or incentive pay or bonus
that was in force when the officer
commenced participation in the program
shall be revived, with the term of such
agreement after revival being the
period of the agreement remaining to
run when the officer commenced
participation in the program; and
(ii) any special or incentive pay or
bonus shall be payable to the officer
in accordance with the terms of the
agreement concerned for the term
specified in clause (i).
(B) Limitation.--
(i) In general.--Subparagraph (A)
shall not apply to any special or
incentive pay or bonus otherwise
covered by that subparagraph with
respect to an officer if, at the time
of the return of the officer to active
duty as described in that
subparagraph--
(I) such pay or bonus is no
longer authorized by law; or
(II) the officer does not
satisfy eligibility criteria
for such pay or bonus as in
effect at the time of the
return of the officer to active
duty.
(ii) Pay or bonus ceases being
authorized.--Subparagraph (A) shall
cease to apply to any special or
incentive pay or bonus otherwise
covered by that subparagraph with
respect to an officer if, during the
term of the revived agreement of the
officer under subparagraph (A)(i), such
pay or bonus ceases being authorized by
law.
(C) Repayment.--An officer who is ineligible
for payment of a special or incentive pay or
bonus otherwise covered by this paragraph by
reason of subparagraph (B)(i)(II) shall be
subject to the requirements for repayment of
such pay or bonus in accordance with the terms
of the applicable agreement of the officer
under chapter 5 of title 37, United States
Code.
(D) Required service is additional.--Any
service required of an officer under an
agreement covered by this paragraph after the
officer returns to active duty as described in
subparagraph (A) shall be in addition to any
service required of the officer under an
agreement under subsection (c).
(4) Travel and transportation allowance.--
(A) In general.--Subject to subparagraph (B),
an officer who participates in a program under
this section is entitled, while participating
in the program, to the travel and
transportation allowances authorized by section
474 of title 37, United States Code, for--
(i) travel performed from the
residence of the officer, at the time
of release from active duty to
participate in the program, to the
location in the United States
designated by the officer as the
officer's residence during the period
of participation in the program; and
(ii) travel performed to the
residence of the officer upon return to
active duty at the end of the
participation of the officer in the
program.
(B) Single residence.--An allowance is
payable under this paragraph only with respect
to travel of an officer to and from a single
residence.
(5) Leave balance.--An officer who participates in a
program under this section is entitled to carry forward
the leave balance existing as of the day on which the
officer begins participation and accumulated in
accordance with section 701 of title 10, United States
Code, but not to exceed 60 days.
(g) Promotion.--
(1) In general.--An officer participating in a
program under this section shall not, while
participating in the program, be eligible for
consideration for promotion under subtitle B.
(2) Return to service.--Upon the return of an officer
to active duty after completion by the officer of
participation in a program under this section--
(A) the Secretary may adjust the date of rank
of the officer in such manner as the Secretary
shall prescribe in regulations for purposes of
this section; and
(B) the officer shall be eligible for
consideration for promotion when officers of
the same competitive category, grade, and
seniority are eligible for consideration for
promotion.
(h) Continued Entitlements.--An officer participating in a
program under this section shall, while participating in the
program, be treated as a member of the uniformed services on
active duty for a period of more than 30 days for purposes of--
(1) the entitlement of the officer and of the
dependents of the officer to medical and dental care
under the provisions of chapter 55 of title 10, United
States Code; and
(2) retirement or separation for physical disability
under the provisions of subtitle C.
Subtitle C--Separation and Retirement of Officers
[33 U.S.C. 3041 et seq.]
SEC. 241. INVOLUNTARY RETIREMENT OR SEPARATION.
(a) * * *
(b) * * *
(c) * * *
(d) Deferment of Retirement or Separation for Medical
Reasons.--
(1) In general.--If the Secretary determines that the
evaluation of the medical condition of an officer
requires hospitalization or medical observation that
cannot be completed with confidence in a manner
consistent with the officer's well-being before the
date on which the officer would otherwise be required
to retire or be separated under this section, the
Secretary may defer the retirement or separation of the
officer.
(2) Consent required.--A deferment may only be made
with the written consent of the officer involved. If
the officer does not provide written consent to the
deferment, the officer shall be retired or separated as
scheduled.
(3) Limitation.--A deferment of retirement or
separation under this subsection may not extend for
more than 30 days after completion of the evaluation
requiring hospitalization or medical observation.
SEC. 242. SEPARATION PAY
(a) * * *
(b) * * *
(c) * * *
(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.
* * * * * * *
Subtitle E--Rights and Benefits
[33 U.S.C. 3071]
SEC. 261. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, UNITED
STATES CODE.
(a) Provisions Made Applicable to the Corps.--The rules of
law that apply to the Armed Forces under the following
provisions of title 10, United States Code, as those provisions
are in effect from time to time, apply also to the commissioned
officer corps of the Administration:
(1) Chapter 40, relating to leave.
(2) Section 533(b), relating to constructive service.
(3) Section 716, relating to transfers between the
armed forces and to and from National Oceanic and
Atmospheric Administration.
(4) Section 771, relating to unauthorized wearing of
uniforms.
(5) Section 774, relating to wearing religious
apparel while in uniform.
(6) Section 982, relating to service on State and
local juries.
(7) Section 1031, relating to administration of
oaths.
(8) Section 1034, relating to protected
communications and prohibition of retaliatory personnel
actions.
[(4)](9) Section 1035, relating to deposits of
savings.
[(5)](10) Section 1036, relating to transportation
and travel allowances for escorts for dependents of
members.
[(6)](11) Section 1052, relating to reimbursement for
adoption expenses.
(12) Section 1074n, relating to annual mental health
assessments.
(13) Section 1090a, relating to referrals for mental
health evaluations.
(14) Chapter 58, relating to the Benefits and
Services for members being separated or recently
separated.
[(7)](15) Section 1174a, relating to special
separation benefits (except that benefits under
subsection (b)(2)(B) of such section are subject to the
availability of appropriations for such purpose and are
provided at the discretion of the Secretary of
Commerce).
[(8)](16) Chapter 61, relating to retirement or
separation for physical disability.
[(9)](17) Chapter 69, relating to retired grade,
except sections 1370, 1375, and 1376.
[(10)](18) Chapter 71, relating to computation of
retired pay.
[(11)](19) Chapter 73, relating to annuities based on
retired or retainer pay.
[(12)](20) Subchapter II of chapter 75, relating to
death benefits.
(21) Subchapter I of chapter 88, relating to Military
Family Programs.
(22) Section 2005, relating to advanced education
assistance, active duty agreements, and reimbursement
requirements.
[(13)](23) Section 2634, relating to transportation
of motor vehicles for members on permanent change of
station.
[(14)](24) Sections 2731 and 2735, relating to
property loss incident to service.
[(15)](25) Section 2771, relating to final settlement
of accounts of deceased members.
[(16)](26) Such other provisions of subtitle A of
that title as may be adopted for applicability to the
commissioned officer corps of the National Oceanic and
Atmospheric Administration by any other provision of
law.
(b) References.--The authority vested by title 10, United
States Code, in the ``military departments'', ``the Secretary
concerned'', or ``the Secretary of Defense'' with respect to
the provisions of law referred to in subsection (a) shall be
exercised, with respect to the commissioned officer corps of
the Administration, by the Secretary of Commerce or the
Secretary's designee. For purposes of paragraph (8) of
subsection (a), the term ``Inspector General'' in section 1034
of such title 10 shall mean the Inspector General of the
Department of Commerce.
(c) Regulations Regarding Protected Communications and
Prohibition of Retaliatory Personnel Actions.--The Secretary
may 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. 261A. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, UNITED
STATES CODE.
(a) Provisions Made Applicable to Commissioned Officer
Corps.--The provisions of law applicable to the Armed Forces
under the following provisions of title 37, United States Code,
shall apply to the commissioned officer corps of the
Administration:
(1) Section 324, relating to accession bonuses for
new officers in critical skills.
(2) Section 403(f)(3), relating to prescribing
regulations defining the terms ``field duty'' and ``sea
duty''.
(3) Section 403(l), relating to temporary
continuation of housing allowance for dependents of
members dying on active duty.
(4) Section 415, relating to initial uniform
allowances.
(5) Section 488, relating to allowances for
recruiting expenses.
(6) Section 495, relating to allowances for funeral
honors duty.
(b) References.--The authority vested by title 37, United
States Code, in the ``military departments'', ``the Secretary
concerned'', or ``the Secretary of Defense'' with respect to
the provisions of law referred to in subsection (a) shall be
exercised, with respect to the commissioned officer corps of
the Administration, by the Secretary of Commerce or the
Secretary's designee.
* * * * * * *
[33 U.S.C. 3076 et seq.]
SEC. 266. * * *
SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM.
(a) Authority To Repay Education Loans.--For the purpose of
maintaining adequate numbers of officers of the commissioned
officer corps of the Administration on active duty who have
skills required by the commissioned officer corps, the
Secretary may repay, in the case of a person described in
subsection (b), a loan that--
(1) was used by the person to finance education; and
(2) was obtained from a governmental entity, private
financial institution, educational institution, or
other authorized entity.
(b) Eligible Persons.--To be eligible to obtain a loan
repayment under this section, a person must--
(1) satisfy one of the requirements specified in
subsection (c);
(2) be fully qualified for, or hold, an appointment
as a commissioned officer in the commissioned officer
corps of the Administration; and
(3) sign a written agreement to serve on active duty,
or, if on active duty, to remain on active duty for a
period in addition to any other incurred active duty
obligation.
(c) Academic and Professional Requirements.--One of the
following academic requirements must be satisfied for purposes
of determining the eligibility of an individual for a loan
repayment under this section:
(1) The person is fully qualified in a profession
that the Secretary has determined to be necessary to
meet identified skill shortages in the commissioned
officer corps of the Administration.
(2) The person is enrolled as a full-time student in
the final year of a course of study at an accredited
educational institution (as determined by the Secretary
of Education) leading to a degree in a profession that
will meet identified skill shortages in the
commissioned officer corps of the Administration.
(d) Loan Repayments.--
(1) In general.--Subject to the limits established
under paragraph (2), a loan repayment under this
section may consist of the payment of the principal,
interest, and related expenses of a loan obtained by a
person described in subsection (b).
(2) Limitation on amount.--For each year of obligated
service that a person agrees to serve in an agreement
described in subsection (b)(3), the Secretary may pay
not more than the amount specified in section
2173(e)(2) of title 10, United States Code.
(e) Active Duty Service Obligation.--
(1) In general.--A person entering into an agreement
described in subsection (b)(3) incurs an active duty
service obligation.
(2) Length of obligation determined under
regulations.--
(A) In general.--Except as provided in
subparagraph (B), the length of the obligation
under paragraph (1) shall be determined under
regulations prescribed by the Secretary.
(B) Minimum obligation.--The regulations
prescribed under subparagraph (A) may not
provide for a period of obligation of less than
one year for each maximum annual amount, or
portion thereof, paid on behalf of the person
for qualified loans.
(3) Persons on active duty before entering into
agreement.--The active duty service obligation of
persons on active duty before entering into the
agreement shall be served after the conclusion of any
other obligation incurred under the agreement.
(4) Concurrent completion of service obligations.--A
service obligation under this section may be completed
concurrently with a service obligation under section
216.
(f) Effect of Failure To Complete Obligation.--
(1) Alternative obligations.--An officer who is
relieved of the officer's active duty obligation under
this section before the completion of that obligation
may be given any alternative obligation, at the
discretion of the Secretary.
(2) Repayment.--An officer who does not complete the
period of active duty specified in the agreement
entered into under subsection (b)(3), or the
alternative obligation imposed under paragraph (1),
shall be subject to the repayment provisions under
section 216.
(g) Rulemaking.--The Secretary shall prescribe regulations to
carry out this section, including--
(1) standards for qualified loans and authorized
payees; and
(2) other terms and conditions for the making of loan
repayments.
SEC. 268. INTEREST PAYMENT PROGRAM.
(a) Authority.--The Secretary may pay the interest and any
special allowances that accrue on one or more student loans of
an eligible officer, in accordance with this section.
(b) Eligible Officers.--An officer is eligible for the
benefit described in subsection (a) while the officer--
(1) is serving on active duty;
(2) has not completed more than three years of
service on active duty;
(3) is the debtor on one or more unpaid loans
described in subsection (c); and
(4) is not in default on any such loan.
(c) Student Loans.--The authority to make payments under
subsection (a) may be exercised with respect to the following
loans:
(1) A loan made, insured, or guaranteed under part B
of title IV of the Higher Education Act of 1965 (20
U.S.C. 1071 et seq.).
(2) A loan made under part D of such title (20 U.S.C.
1087a et seq.).
(3) A loan made under part E of such title (20 U.S.C.
1087aa et seq.).
(d) Maximum Benefit.--Interest and any special allowance may
be paid on behalf of an officer under this section for any of
the 36 consecutive months during which the officer is eligible
under subsection (b).
(e) Funds for Payments.--The Secretary may use amounts
appropriated for the pay and allowances of personnel of the
commissioned officer corps of the Administration for payments
under this section.
(f) Coordination With Secretary of Education.--
(1) In general.--The Secretary shall consult with the
Secretary of Education regarding the administration of
this section.
(2) Transfer of funds.--The Secretary shall transfer
to the Secretary of Education the funds necessary--
(A) to pay interest and special allowances on
student loans under this section (in accordance
with sections 428(o), 455(l), and 464(j) of the
Higher Education Act of 1965 (20 U.S.C.
1078(o), 1087e(l), and 1087dd(j)); and
(B) to reimburse the Secretary of Education
for any reasonable administrative costs
incurred by the Secretary in coordinating the
program under this section with the
administration of the student loan programs
under parts B, D, and E of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1071 et
seq., 1087a et seq., 1087aa et seq.).
(g) Special Allowance Defined.--In this section, the term
``special allowance'' means a special allowance that is payable
under section 438 of the Higher Education Act of 1965 (20
U.S.C. 1087-1).
SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION ASSISTANCE PROGRAM.
(a) Authority To Provide Financial Assistance.--For the
purpose of maintaining adequate numbers of officers of the
commissioned officer corps of the Administration on active
duty, the Secretary may provide financial assistance to a
person described in subsection (b) for expenses of the person
while the person is pursuing on a full-time basis at an
accredited educational institution (as determined by the
Secretary of Education) a program of education approved by the
Secretary that leads to--
(1) a baccalaureate degree in not more than five
academic years; or
(2) a postbaccalaureate degree.
(b) Eligible Persons.--
(1) In general.--A person is eligible to obtain
financial assistance under subsection (a) if the
person--
(A) is enrolled on a full-time basis in a
program of education referred to in subsection
(a) at any educational institution described in
such subsection;
(B) meets all of the requirements for
acceptance into the commissioned officer corps
of the Administration except for the completion
of a baccalaureate degree; and
(C) enters into a written agreement with the
Secretary described in paragraph (2).
(2) Agreement.--A written agreement referred to in
paragraph (1)(C) is an agreement between the person and
the Secretary in which the person--
(A) agrees to accept an appointment as an
officer, if tendered; and
(B) upon completion of the person's
educational program, agrees to serve on active
duty, immediately after appointment, for--
(i) up to three years if the person
received less than three years of
assistance; and
(ii) up to five years if the person
received at least three years of
assistance.
(c) Qualifying Expenses.--Expenses for which financial
assistance may be provided under subsection (a) are the
following:
(1) Tuition and fees charged by the educational
institution involved.
(2) The cost of educational materials.
(3) In the case of a program of education leading to
a baccalaureate degree, laboratory expenses.
(4) Such other expenses as the Secretary considers
appropriate.
(d) Limitation on Amount.--The Secretary shall prescribe the
amount of financial assistance provided to a person under
subsection (a), which may not exceed the amount specified in
section 2173(e)(2) of title 10, United States Code, for each
year of obligated service that a person agrees to serve in an
agreement described in subsection (b)(2).
(e) Duration of Assistance.--Financial assistance may be
provided to a person under subsection (a) for not more than
five consecutive academic years.
(f) Subsistence Allowance.--
(1) In general.--A person who receives financial
assistance under subsection (a) shall be entitled to a
monthly subsistence allowance at a rate prescribed
under paragraph (2) for the duration of the period for
which the person receives such financial assistance.
(2) Determination of amount.--The Secretary shall
prescribe monthly rates for subsistence allowance
provided under paragraph (1), which shall be equal to
the amount specified in section 2144(a) of title 10,
United States Code.
(g) Initial Clothing Allowance.--
(1) Training.--The Secretary may prescribe a sum
which shall be credited to each person who receives
financial assistance under subsection (a) to cover the
cost of the person's initial clothing and equipment
issue.
(2) Appointment.--Upon completion of the program of
education for which a person receives financial
assistance under subsection (a) and acceptance of
appointment in the commissioned officer corps of the
Administration, the person may be issued a subsequent
clothing allowance equivalent to that normally provided
to a newly appointed officer.
(h) Termination of Financial Assistance.--
(1) In general.--The Secretary shall terminate the
assistance provided to a person under this section if--
(A) the Secretary accepts a request by the
person to be released from an agreement
described in subsection (b)(2);
(B) the misconduct of the person results in a
failure to complete the period of active duty
required under the agreement; or
(C) the person fails to fulfill any term or
condition of the agreement.
(2) Reimbursement.--The Secretary may require a
person who receives assistance described in subsection
(c), (f), or (g) under an agreement entered into under
subsection (b)(1)(C) to reimburse the Secretary in an
amount that bears the same ratio to the total costs of
the assistance provided to that person as the unserved
portion of active duty bears to the total period of
active duty the officer agreed to serve under the
agreement.
(3) Waiver.--The Secretary may waive the service
obligation of a person through an agreement entered
into under subsection (b)(1)(C) if the person--
(A) becomes unqualified to serve on active
duty in the commissioned officer corps of the
Administration because of a circumstance not
within the control of that person; or
(B) is--
(i) not physically qualified for
appointment; and
(ii) determined to be unqualified for
service in the commissioned officer
corps of the Administration because of
a physical or medical condition that
was not the result of the person's own
misconduct or grossly negligent
conduct.
(4) Obligation as debt to united states.--An
obligation to reimburse the Secretary imposed under
paragraph (2) is, for all purposes, a debt owed to the
United States.
(5) Discharge in bankruptcy.--A discharge in
bankruptcy under title 11, United States Code, that is
entered less than five years after the termination of a
written agreement entered into under subsection
(b)(1)(C) does not discharge the person signing the
agreement from a debt arising under such agreement or
under paragraph (2).
(i) Regulations.--The Secretary may prescribe such
regulations and orders as the Secretary considers appropriate
to carry out this section.
(j) Concurrent Completion of Service Obligations.--A service
obligation under this section may be completed concurrently
with a service obligation under section 216.
SEC. 269A. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER CORPS AS
EMPLOYMENT IN ADMINISTRATION FOR PURPOSES OF
CERTAIN HIRING DECISIONS.
(a) In General.--In any case in which the Secretary accepts
an application for a position of employment with the
Administration and limits consideration of applications for
such position to applications submitted by individuals serving
in a career or career-conditional position in the competitive
service within the Administration, the Secretary shall deem an
officer who has served as an officer in the commissioned
officer corps of the Administration for at least three years to
be serving in a career or career-conditional position in the
competitive service within the Administration for purposes of
such limitation.
(b) Career Appointments.--If the Secretary selects an
application submitted by an officer described in subsection (a)
for a position described in such subsection, the Secretary
shall give such officer a career or career-conditional
appointment in the competitive service, as appropriate.
(c) Competitive Service Defined.--In this section, the term
``competitive service'' has the meaning given the term in
section 2102 of title 5, United States Code.
* * * * * * *
HIGHER EDUCATION ACT OF 1965
* * * * * * *
[20 U.S.C. 1078(o)]
SEC. 428. FEDERAL PAYMENTS TO REDUCE STUDENT INTEREST COSTS.
(a) * * *
* * * * * * *
(o) [Armed Forces Student Loan Interest Payment Program]
Armed Forces and NOAA Commissioned Officer Corps Student Loan
Interest Payment Programs.--
(1) Authority.--Using funds received by transfer to
the Secretary under section 2174 of title 10, United
States Code, or section 268 of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps
Act of 2002 for the payment of interest and any special
allowance on a loan to a member of the Armed Forces or
an officer in the commissioned officer corps of the
National Oceanic and Atmospheric Administration,
respectively, that is made, insured, or guaranteed
under this part, the Secretary shall pay the interest
and special allowance on such loan as due for a period
not in excess of 36 consecutive months. The Secretary
may not pay interest or any special allowance on such a
loan out of any funds other than funds that have been
so transferred.
* * * * * * *
[20 U.S.C. 1087e(l)]
SEC. 455. TERMS AND CONDITIONS OF LOANS.
(a) * * *
* * * * * * *
(l) [Armed Forces Student Loan Interest Payment Program]
Armed Forces and NOAA Commissioned Officer Corps Student Loan
Interest Payment Programs.--
(1) Authority.--Using funds received by transfer to
the Secretary under section 2174 of title 10, United
States Code, or section 268 of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps
Act of 2002 for the payment of interest on a loan made
under this part to a member of the Armed Forces or an
officer in the commissioned officer corps of the
National Oceanic and Atmospheric Administration,
respectively, the Secretary shall pay the interest on
the loan as due for a period not in excess of 36
consecutive months. The Secretary may not pay interest
on such a loan out of any funds other than funds that
have been so transferred.
* * * * * * *
[20 U.S.C. 1087dd(j)]
SEC. 464. TERMS OF LOANS.
(a) * * *
* * * * * * *
(j) [Armed Forces Student Loan Interest Payment Program]
Armed Forces and NOAA Commissioned Officer Corps Student Loan
Interest Payment Programs.--
(1) Authority.--Using funds received by transfer to
the Secretary under section 2174 of title 10, United
States Code, or section 268 of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps
Act of 2002 for the payment of interest on a loan made
under this part to a member of the Armed Forces or an
officer in the commissioned officer corps of the
National Oceanic and Atmospheric Administration,
respectively, the Secretary shall pay the interest on
the loan as due for a period not in excess of 36
consecutive months. The Secretary may not pay interest
on such a loan out of any funds other than funds that
have been so transferred.
* * * * * * *
WEATHER RESEARCH AND FORECASTING INNOVATION ACT OF 2017
[15 U.S.C. 8531]
SEC. 301. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION SATELLITE AND
DATA MANAGEMENT.
(a) * * *
(b) * * *
(c) Next Generation Satellite Architecture.--
(1) In general.--The Under Secretary shall analyze,
test, and plan the procurement of future data sources
and satellite architectures, including respective
ground system elements, identified in the National
Oceanic and Atmospheric Administration's Satellite
Observing System Architecture Study that--
(A) lower the cost of observations used to
meet the National Oceanic and Atmospheric
Administration's mission requirements;
(B) disaggregate current satellite systems,
where appropriate;
(C) include new, value-adding technological
advancements; and
[(D) improve weather forecasting and
predictions.]
(D) improve--
(i) weather and climate forecasting
and predictions; and
(ii) the understanding, management,
and exploration of the ocean.
(2) Quantitative assessments and partnership
authority.--In meeting the requirements described in
paragraph (1), the Under Secretary--
(A) may partner with the commercial and
academic sectors, non-governmental and not-for-
profit organizations, and other Federal
agencies; and
(B) shall, consistent with section 107 of
this Act, undertake quantitative assessments
for objective analyses, as the Under Secretary
considers appropriate, to evaluate relative
value and benefits of future data sources and
satellite architectures described in paragraph
(1).
(d) Additional Forms of Transaction Authorized.--
(1) In general.--Subject to paragraph (2), in order
to enhance the effectiveness of [data and satellite
systems] data, satellite, and other observing systems
used by the National Oceanic and Atmospheric
Administration to meet its missions, the Under
Secretary may enter into and perform such transaction
agreements on such terms as the Under Secretary
considers appropriate [to carry out basic, applied, and
advanced research projects to meet the objectives
described in subparagraphs (A) through (D) subsection
(c)(1).] to carry out--
(A) basic, applied, and advanced research
projects and ocean exploration missions to meet
the objectives described in subparagraphs (A)
through (D) of subsection (c)(1); or
(B) any other type of project to meet other
mission objectives, as determined by the Under
Secretary.
(2) Method and scope.--
(A) In general.--A transaction agreement
under paragraph (1) shall be limited to
research and development activities.
(B) Permissible uses.--A transaction
agreement under paragraph (1) may be used--
(i) for the construction, use,
operation, or procurement of new,
improved, innovative, or value-adding
[satellites, instrumentation, ground
stations, and data;] systems, including
satellites, instrumentation, ground
stations, data, and data processing;
(ii) to make determinations on how to
best use existing or planned data,
systems, and assets of the National
Oceanic and Atmospheric Administration;
and
(iii) only when the objectives of the
National Oceanic and Atmospheric
Administration cannot be met using a
cooperative research and development
agreement, grants procurement contract,
or cooperative agreement.
(3) Termination of effectiveness.--The authority
provided in this subsection terminates effective
September 30, [2023] 2030.
(e) * * *
* * * * * * *
[all]
