[116th Congress Public Law 259] [From the U.S. Government Publishing Office] [[Page 134 STAT. 1153]] Public Law 116-259 116th Congress An Act To reauthorize and amend the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002, and for other purposes. <<NOTE: Dec. 23, 2020 - [S. 2981]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020.>> SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) <<NOTE: 33 USC 3001 note.>> Short Title.--This Act may be cited as the ``National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References to National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002. TITLE I--GENERAL PROVISIONS Sec. 101. Strength and distribution in grade. Sec. 102. Recalled officers. Sec. 103. Obligated service requirement. Sec. 104. Training and physical fitness. Sec. 105. Aviation accession training programs. Sec. 106. Recruiting materials. Sec. 107. Technical correction. TITLE II--PARITY AND RECRUITMENT Sec. 201. Education loans. Sec. 202. Interest payments. Sec. 203. Student pre-commissioning program. Sec. 204. Limitation on educational assistance. Sec. 205. Applicability of certain provisions of title 10, United States Code, and extension of certain authorities applicable to members of the Armed Forces to commissioned officer corps. Sec. 206. Applicability of certain provisions of title 37, United States Code. Sec. 207. Prohibition on retaliatory personnel actions. Sec. 208. Employment and reemployment rights. Sec. 209. Treatment of commission in commissioned officer corps for purposes of certain hiring decisions. TITLE III--APPOINTMENTS AND PROMOTION OF OFFICERS Sec. 301. Appointments. Sec. 302. Personnel boards. Sec. 303. Positions of importance and responsibility. Sec. 304. Temporary appointments. Sec. 305. Officer candidates. Sec. 306. Procurement of personnel. Sec. 307. Career intermission program. TITLE IV--SEPARATION AND RETIREMENT OF OFFICERS Sec. 401. Involuntary retirement or separation. Sec. 402. Separation pay. [[Page 134 STAT. 1154]] TITLE V--OTHER NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION MATTERS Sec. 501. Charting and survey services. Sec. 502. Co-location agreements. Sec. 503. Satellite and data management. Sec. 504. Improvements relating to sexual harassment and assault prevention at the National Oceanic and Atmospheric Administration. SEC. 2. REFERENCES TO NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS ACT OF 2002. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3001 et seq.). TITLE I--GENERAL PROVISIONS SEC. 101. STRENGTH AND DISTRIBUTION IN GRADE. Section 214 (33 U.S.C. 3004) is amended to read as follows: ``SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE. ``(a) Grades.--The commissioned grades in the commissioned officer corps of the Administration are the following, in relative rank with officers of the Navy: ``(1) Vice admiral. ``(2) Rear admiral. ``(3) Rear admiral (lower half). ``(4) Captain. ``(5) Commander. ``(6) Lieutenant commander. ``(7) Lieutenant. ``(8) Lieutenant (junior grade). ``(9) Ensign. ``(b) Grade Distribution.--The Secretary shall prescribe, with respect to the distribution on the lineal list in grade, the percentages applicable to the grades set forth in subsection (a). ``(c) Annual Computation of Number in Grade.-- ``(1) <<NOTE: Determination.>> In general.--Not less frequently than once each year, the Secretary shall make a computation to determine the number of officers on the lineal list authorized to be serving in each grade. ``(2) Method of computation.--The number in each grade shall be computed by applying the applicable percentage to the total number of such officers serving on active duty on the date the computation is made. ``(3) Fractions.--If a final fraction occurs in computing the authorized number of officers in a grade, the nearest whole number shall be taken. If the fraction is one-half, the next higher whole number shall be taken. ``(d) Temporary Increase in Numbers.--The total number of officers authorized by law to be on the lineal list during a fiscal year may be temporarily exceeded if the average number on that list during that fiscal year does not exceed the authorized number. ``(e) Positions of Importance and Responsibility.--Officers serving in positions designated under section 228(a) and officers [[Page 134 STAT. 1155]] recalled from retired status shall not be counted when computing authorized strengths under subsection (c) and shall not count against those strengths. ``(f) Preservation of Grade and Pay.--No officer may be reduced in grade or pay or separated from the commissioned officer corps of the Administration as the result of a computation made to determine the authorized number of officers in the various grades.''. SEC. 102. RECALLED OFFICERS. (a) In General.--Section 215 (33 U.S.C. 3005) is amended to read as follows: ``SEC. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFICERS. ``(a) In General.--The total number of authorized commissioned officers on the lineal list of the commissioned officer corps of the Administration shall not exceed 500. ``(b) Positions of Importance and Responsibility.--Officers serving in positions designated under section 228 and officers recalled from retired status or detailed to an agency other than the Administration-- ``(1) may not be counted in determining the total number of authorized officers on the lineal list under this section; and ``(2) may not count against such number.''. (b) Clerical Amendment.--The table of contents in section 1 of the Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107- 372) <<NOTE: 116 Stat. 3078.>> is amended by striking the item relating to section 215 and inserting the following: ``Sec. 215. Number of authorized commissioned officers.''. SEC. 103. OBLIGATED SERVICE REQUIREMENT. (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.) is amended by adding at the end the following: ``SEC. 216. <<NOTE: 33 USC 3006.>> OBLIGATED SERVICE REQUIREMENT. ``(a) In General.-- ``(1) Regulations.--The Secretary shall prescribe the obligated service requirements for appointments, training, promotions, separations, continuations, and retirements of officers not otherwise covered by law. ``(2) Written agreements.--The Secretary and officers shall enter into written agreements that describe the officers' obligated service requirements prescribed under paragraph (1) in return for such appointments, training, promotions, separations, continuations, and retirements as the Secretary considers appropriate. ``(b) Repayment for Failure to Satisfy Requirements.-- ``(1) In general.--The Secretary may require an officer who fails to meet the service requirements prescribed under subsection (a)(1) to reimburse the Secretary in an amount that bears the same ratio to the total costs of the training provided to that officer by the Secretary as the unserved portion of active duty bears to the total period of active duty the officer agreed to serve. [[Page 134 STAT. 1156]] ``(2) Obligation as debt to united states.--An obligation to reimburse the Secretary under paragraph (1) is, for all purposes, a debt owed to the United States. ``(3) <<NOTE: Time period.>> Discharge in bankruptcy.--A discharge in bankruptcy under title 11 that is entered less than five years after the termination of a written agreement entered into under subsection (a)(2) does not discharge the individual signing the agreement from a debt arising under such agreement. ``(c) Waiver or Suspension of Compliance.--The Secretary may waive the service obligation of an officer who-- ``(1) becomes unqualified to serve on active duty in the commissioned officer corps of the Administration because of a circumstance not within the control of that officer; or ``(2) is-- ``(A) not physically qualified for appointment; and ``(B) determined to be unqualified for service in the commissioned officer corps of the Administration because of a physical or medical condition that was not the result of the officer's own misconduct or grossly negligent conduct.''. (b) Clerical Amendment.--The table of contents in section 1 of the Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107- 372) <<NOTE: 116 Stat. 3078.>> is amended by inserting after the item relating to section 215 the following: ``Sec. 216. Obligated service requirement.''. SEC. 104. TRAINING AND PHYSICAL FITNESS. (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as amended by section 103(a), is further amended by adding at the end the following: ``SEC. 217. <<NOTE: 33 USC 3007.>> TRAINING AND PHYSICAL FITNESS. ``(a) Training.--The Secretary may take such measures as may be necessary to ensure that officers are prepared to carry out their duties in the commissioned officer corps of the Administration and proficient in the skills necessary to carry out such duties. Such measures may include the following: ``(1) Carrying out training programs and correspondence courses, including establishing and operating a basic officer training program to provide initial indoctrination and maritime vocational training for officer candidates as well as refresher training, mid-career training, aviation training, and such other training as the Secretary considers necessary for officer development and proficiency. ``(2) Providing officers and officer candidates with educational materials. ``(3) Acquiring such equipment as may be necessary for training and instructional purposes. ``(b) Physical Fitness.--The Secretary shall ensure that officers maintain a high physical state of readiness by establishing standards of physical fitness for officers that are substantially equivalent to those prescribed for officers in the Coast Guard.''. (b) Clerical Amendment.--The table of contents in section 1 of the Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public [[Page 134 STAT. 1157]] Law 107-372), as amended by section 103(b), is further amended by inserting after the item relating to section 216 the following: ``Sec. 217. Training and physical fitness.''. SEC. 105. AVIATION ACCESSION TRAINING PROGRAMS. (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as amended by section 104(a), is further amended by adding at the end the following: ``SEC. 218. <<NOTE: 33 USC 3008.>> AVIATION ACCESSION TRAINING PROGRAMS. ``(a) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Under Secretary of Commerce for Oceans and Atmosphere and the Administrator of the National Oceanic and Atmospheric Administration. ``(2) Member of the program.--The term `member of the program' means a student who is enrolled in the program. ``(3) Program.--The term `program' means an aviation accession training program of the commissioned officer corps of the Administration established pursuant to subsection (b). ``(b) Aviation Accession Training Programs.-- ``(1) <<NOTE: Regulations.>> Establishment authorized.--The Administrator, under regulations prescribed by the Secretary, shall establish and maintain one or more aviation accession training programs for the commissioned officer corps of the Administration at institutions described in paragraph (2). ``(2) Institutions described.--An institution described in this paragraph is an educational institution-- ``(A) that requests to enter into an agreement with the Administrator providing for the establishment of the program at the institution; ``(B) that has, as a part of its curriculum, a four- year baccalaureate program of professional flight and piloting instruction that is accredited by the Aviation Accreditation Board International; ``(C) that is located in a geographic area that-- ``(i) experiences a wide variation in climate- related activity, including frequent high winds, convective activity (including tornadoes), periods of low visibility, heat, and snow and ice episodes, to provide opportunities for pilots to demonstrate skill in all weather conditions compatible with future encounters during their service in the commissioned officer corps of the Administration; and ``(ii) has a climate that can accommodate both primary and advanced flight training activity at least 75 percent of the year; and ``(D) <<NOTE: Determination.>> at which the Administrator determines that-- ``(i) there will be at least one student enrolled in the program; and ``(ii) the provisions of this section are otherwise satisfied. ``(3) Limitations in connection with particular institutions.--The program may not be established or maintained at an institution unless-- ``(A) the senior commissioned officer or employee of the commissioned officer corps of the Administration who [[Page 134 STAT. 1158]] is assigned as an advisor to the program at that institution is given the academic rank of adjunct professor; and ``(B) the institution fulfills the terms of its agreement with the Administrator. ``(4) Membership in connection with status as student.--At institutions at which the program is established, the membership of students in the program shall be elective, as provided by State law or the authorities of the institution concerned. ``(c) Membership.-- ``(1) Eligibility.--To be eligible for membership in the program, an individual must-- ``(A) be a student at an institution at which the program is established; ``(B) be a citizen of the United States; ``(C) contract in writing, with the consent of a parent or guardian if a minor, with the Administrator, to-- ``(i) accept an appointment, if offered, as a commissioned officer in the commissioned officer corps of the Administration; and ``(ii) <<NOTE: Time period.>> serve in the commissioned officer corps of the Administration for not fewer than four years; ``(D) enroll in-- ``(i) a four-year baccalaureate program of professional flight and piloting instruction; and ``(ii) other training or education, including basic officer training, which is prescribed by the Administrator as meeting the preliminary requirement for admission to the commissioned officer corps of the Administration; and ``(E) execute a certificate or take an oath relating to morality and conduct in such form as the Administrator prescribes. ``(2) Completi [Text truncated for display. 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