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Title II — Parity and Recruitment

H.R. 2406 · 116th Congress · Apr 30, 2019 · Lineage

II Parity and Recruitment

Sec. 201 Education loans

(a)
In general— Subtitle E (33 U.S.C. 3071 et seq.) is amended by adding at the end the following:

“267. Education loan repayment program

“(a) Authority To repay education loans—For the purpose of maintaining an adequate number of officers on active duty possessing the skills required by the commissioned officer corps, the Secretary may repay, in the case of a person described in subsection (b), a loan that—

“(1) was used by the person to finance education; and

“(2) was obtained from a governmental entity, private financial institution, educational institution, or other authorized entity.

“(b) Eligible persons—To be eligible to obtain a loan repayment under this section, a person must—

“(1) satisfy one of the requirements specified in subsection (c);

“(2) be fully qualified for, or hold, an appointment as a commissioned officer in the commissioned officer corps of the Administration; and

“(3) sign a written agreement to serve on active duty, or, if on active duty, to remain on active duty for a period in addition to any other incurred active duty obligation.

“(c) Academic and professional requirements—One of the following academic requirements must be satisfied for purposes of determining the eligibility of an individual for a loan repayment under this section:

“(1) The person is fully qualified in a profession that the Secretary has determined to be necessary to meet identified skill shortages in the commissioned officer corps.

“(2) The person is enrolled as a full-time student in the final year of a course of study at an accredited educational institution (as determined by the Secretary of Education) leading to a degree in a profession that will meet identified skill shortages in the commissioned officer corps.

“(d) Loan repayments

“(1) In general—Subject to the limits established under paragraph (2), a loan repayment under this section may consist of the payment of the principal, interest, and related expenses of a loan obtained by a person described in subsection (b).

“(2) Limitation on amount—For each year of obligated service that a person agrees to serve in an agreement described in subsection (b)(3), the Secretary may pay not more than the amount specified in section 2173(e)(2) of title 10, United States Code.

“(e) Active duty service obligation

“(1) In general—A person entering into an agreement described in subsection (b)(3) incurs an active duty service obligation.

“(2) Length of obligation determined under regulations

“(A) In general—Except as provided in subparagraph (B), the length of the obligation under paragraph (1) shall be determined under regulations prescribed by the Secretary.

“(B) Minimum obligation—The regulations prescribed under subparagraph (A) may not provide for a period of obligation of less than 1 year for each maximum annual amount, or portion thereof, paid on behalf of the person for qualified loans.

“(3) Persons on active duty before entering into agreement—The active duty service obligation of persons on active duty before entering into the agreement shall be served after the conclusion of any other obligation incurred under the agreement.

“(f) Effect of failure To complete obligation

“(1) Alternative obligations—An officer who is relieved of the officer's active duty obligation under this section before the completion of that obligation may be given any alternative obligation, at the discretion of the Secretary.

“(2) Repayment—An officer who does not complete the period of active duty specified in the agreement entered into under subsection (b)(3), or the alternative obligation imposed under paragraph (1), shall be subject to the repayment provisions under section 216.

“(g) Regulations—The Secretary shall prescribe regulations to carry out this section, including—

“(1) standards for qualified loans and authorized payees; and

“(2) other terms and conditions for the making of loan repayments.”

(b)
Clerical amendment— The table of contents in section 1 of the Hydrographic Services Improvement Act Amendments of 2002 (Public Law 107–372), as amended by this Act, is further amended by inserting after the item relating to section 266 the following:

Sec. 202 Interest payments

(a)
In general— Subtitle E (33 U.S.C. 3071 et seq.), as amended by section 201(a) of this Act, is further amended by adding at the end the following:

“268. Interest payment program

“(a) Authority—The Secretary may pay the interest and any special allowances that accrue on one or more student loans of an eligible officer, in accordance with this section.

“(b) Eligible officers—An officer is eligible for the benefit described in subsection (a) while the officer—

“(1) is serving on active duty;

“(2) has not completed more than 3 years of service on active duty;

“(3) is the debtor on one or more unpaid loans described in subsection (c); and

“(4) is not in default on any such loan.

“(c) Student loans—The authority to make payments under subsection (a) may be exercised with respect to the following loans:

“(1) A loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.).

“(2) A loan made under part D of such title (20 U.S.C. 1087a et seq.).

“(3) A loan made under part E of such title (20 U.S.C. 1087aa et seq.).

“(d) Maximum benefit—Interest and any special allowance may be paid on behalf of an officer under this section for any of the 36 consecutive months during which the officer is eligible under subsection (b).

“(e) Funds for payments—The Secretary may use amounts appropriated for the pay and allowances of personnel of the commissioned officer corps of the Administration for payments under this section.

“(f) Coordination with Secretary of Education

“(1) In general—The Secretary shall consult with the Secretary of Education regarding the administration of this section.

“(2) Transfer of funds—The Secretary shall transfer to the Secretary of Education the funds necessary—

“(A) to pay interest and special allowances on student loans under this section (in accordance with sections 428(o), 455(l), and 464(j) of the Higher Education Act of 1965 (20 U.S.C. 1078(o), 1087e(l), and 1087dd(j))); and

“(B) to reimburse the Secretary of Education for any reasonable administrative costs incurred by the Secretary in coordinating the program under this section with the administration of the student loan programs under parts B, D, and E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.).

“(g) Special allowance defined—In this section, the term special allowance means a special allowance that is payable under section 438 of the Higher Education Act of 1965 (20 U.S.C. 1087–1).”

(b)
Conforming amendments—
(1)
Section 428(o) of the Higher Education Act of 1965 (20 U.S.C. 1078(o)) is amended—
(A)
by striking the subsection heading and inserting “Armed Forces and NOAA Commissioned Officer Corps Student Loan Interest Payment Programs”; and
(B)
in paragraph (1)—
(i)
by inserting “or section 268 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002” after “Code,”; and
(ii)
by inserting “or an officer in the commissioned officer corps of the National Oceanic and Atmospheric Administration, respectively,” after “Armed Forces”.
(2)
Sections 455(l) and 464(j) of the Higher Education Act of 1965 (20 U.S.C. 1087e(l) and 1087dd(j)) are each amended—
(A)
by striking the subsection heading and inserting “Armed Forces and NOAA Commissioned Officer Corps Student Loan Interest Payment Programs”; and
(B)
in paragraph (1)—
(i)
by inserting “or section 268 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002” after “Code,”; and
(ii)
by inserting “or an officer in the commissioned officer corps of the National Oceanic and Atmospheric Administration, respectively” after “Armed Forces”.
(c)
Clerical amendment— The table of contents in section 1 of the Hydrographic Services Improvement Act Amendments of 2002 (Public Law 107–372), as amended by this Act, is further amended by inserting after the item relating to section 267 the following:

Sec. 203 Student pre-commissioning program

(a)
In general— Subtitle E (33 U.S.C. 3071 et seq.), as amended by section 202(a) of this Act, is further amended by adding at the end the following:

“269. Student pre-commissioning education assistance program

“(a) Authority To provide financial assistance—For the purpose of maintaining adequate numbers of officers of the commissioned officer corps of the Administration on active duty, the Secretary may provide financial assistance to a person described in subsection (b) for expenses of such person while such person is pursuing on a full-time basis at an accredited educational institution (as determined by the Secretary of Education) a program of education approved by the Secretary that leads to—

“(1) a baccalaureate degree in not more than 5 academic years; or

“(2) a postbaccalaureate degree.

“(b) Eligible persons

“(1) In general—A person is eligible to obtain financial assistance under subsection (a) if such person—

“(A) is enrolled on a full-time basis in a program of education referred to in subsection (a) at any educational institution described in such subsection;

“(B) meets all of the requirements for acceptance into the commissioned officer corps of the Administration except for the completion of a baccalaureate degree; and

“(C) enters into a written agreement with the Secretary described in paragraph (2).

“(2) Agreement—A written agreement referred to in paragraph (1)(C) is an agreement between such person and the Secretary in which such person—

“(A) agrees to accept an appointment as an officer, if tendered; and

“(B) upon completion of such person's educational program, agrees to serve on active duty, immediately after appointment, for—

“(i) up to 3 years if such person received less than 3 years of assistance; and

“(ii) up to 5 years if such person received at least 3 years of assistance.

“(c) Qualifying expenses—Expenses for which financial assistance may be provided under subsection (a) are the following:

“(1) Tuition and fees charged by the educational institution involved.

“(2) The cost of educational materials.

“(3) In the case of a program of education leading to a baccalaureate degree, laboratory expenses.

“(4) Such other expenses as the Secretary considers appropriate.

“(d) Limitation on amount—The Secretary shall prescribe the amount of financial assistance provided to a person under subsection (a), which may not exceed the amount specified in section 2173(e)(2) of title 10, United States Code, for each year of obligated service that a person agrees to serve in an agreement described in subsection (b)(2).

“(e) Duration of assistance—Financial assistance may be provided to a person under subsection (a) for not more than 5 consecutive academic years.

“(f) Subsistence allowance

“(1) In general—A person who receives financial assistance under subsection (a) shall be entitled to a monthly subsistence allowance at a rate prescribed under paragraph (2) for the duration of the period for which the person receives such financial assistance.

“(2) Determination of amount—The Secretary shall prescribe monthly rates for subsistence allowance provided under paragraph (1), which shall be equal to the amount specified in section 2144(a) of title 10, United States Code.

“(g) Initial clothing allowance

“(1) Training—The Secretary may prescribe a sum which shall be credited to each person who receives financial assistance under subsection (a) to cover the cost of the person's initial clothing and equipment issue.

“(2) Appointment—Upon completion of the program of education for which a person receives financial assistance under subsection (a) and acceptance of appointment in the commissioned officer corps of the Administration, the person may be issued a subsequent clothing allowance equivalent to that normally provided to a newly appointed officer.

“(h) Termination of financial assistance

“(1) In general—The Secretary shall terminate the assistance provided to a person under this section if—

“(A) the Secretary accepts a request by the person to be released from an agreement described in subsection (b)(2);

“(B) the misconduct of the person results in a failure to complete the period of active duty required under the agreement; or

“(C) the person fails to fulfill any term or condition of the agreement.

“(2) Reimbursement—The Secretary may require a person who receives assistance described in subsection (c), (f), or (g) under an agreement entered into under subsection (b)(1)(C) to reimburse the Secretary in an amount that bears the same ratio to the total costs of the assistance provided to that person as the unserved portion of active duty bears to the total period of active duty the officer agreed to serve under the agreement.

“(3) Waiver—The Secretary may waive the service obligation of a person through an agreement entered into under subsection (b)(1)(C) if the person—

“(A) becomes unqualified to serve on active duty in the commissioned officer corps of the Administration because of a circumstance not within the control of that person; or

“(B) is—

“(i) not physically qualified for appointment; and

“(ii) determined to be unqualified for service in the commissioned officer corps of the Administration because of a physical or medical condition that was not the result of the person's own misconduct or grossly negligent conduct.

“(4) Obligation as debt to United States—An obligation to reimburse the Secretary imposed under paragraph (2) is, for all purposes, a debt owed to the United States.

“(5) Discharge in bankruptcy—A discharge in bankruptcy under title 11, United States Code, that is entered less than 5 years after the termination of a written agreement entered into under subsection (b)(1)(C) does not discharge the person signing the agreement from a debt arising under such agreement or under paragraph (2).

“(i) Regulations—The Secretary may promulgate such regulations and orders as the Secretary considers appropriate to carry out this section.

“(j) Minority institutions—In carrying out this section, the Secretary may prioritize persons described in subsection (b) who attend minority institutions as defined by section 365(3) of the Higher Education Act (20 U.S.C. 1067k(3)).”

(b)
Clerical amendment— The table of contents in section 1 of the Hydrographic Services Improvement Act Amendments of 2002 (Public Law 107–372), as amended by this Act, is further amended by inserting after the item relating to section 268 the following:

Sec. 204 Limitation on educational assistance

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

Sec. 205 Applicability of certain provisions of title 10, United States Code, and extension of certain authorities applicable to members of the Armed Forces to commissioned officer corps

(a)
Applicability of certain provisions of title 10— Section 261(a) (33 U.S.C. 3071(a)) is amended—
(1)
by redesignating paragraphs (13) through (16) as paragraphs (22) through (25), respectively;
(2)
by redesignating paragraphs (7) through (12) as paragraphs (14) through (19), respectively;
(3)
by redesignating paragraphs (4) through (6) as paragraphs (8) through (10), respectively;
(4)
by inserting after paragraph (3) the following:

“(4) Section 771, relating to unauthorized wearing of uniforms.

“(5) Section 774, relating to wearing religious apparel while in uniform.

“(6) Section 982, relating to service on State and local juries.

“(7) Section 1031, relating to administration of oaths.”

(5)
by inserting after paragraph (10), as redesignated, the following:

“(11) Section 1074n, relating to annual mental health assessments for members of the Armed Forces.

“(12) Section 1090a, relating to commanding officer and supervisor referrals of members for mental health evaluations.

“(13) Chapter 58, relating to the benefits and services for members being separated or recently separated.”

(6)
by inserting after paragraph (19), as redesignated, the following:

“(20) Subchapter I of chapter 88, relating to military family programs.

“(21) Section 2005, relating to advanced education assistance, active duty agreements, and reimbursement requirements.”

(b)
Extension of certain authorities—
(1)
Notarial services— Section 1044a of title 10, United States Code, is amended—
(A)
in subsection (a)(1), by striking “armed forces” and inserting “uniformed services”; and
(B)
in subsection (b)(4), by striking “armed forces” both places it appears and inserting “uniformed services”.
(2)
Acceptance of voluntary services for programs serving members and their families— Section 1588 of such title is amended—
(A)
in subsection (a)(3), in the matter before subparagraph (A), by striking “armed forces” and inserting “uniformed services”; and
(B)
by adding at the end the following:

“(g) Secretary concerned for acceptance of services for programs serving members of NOAA corps and their families—For purposes of the acceptance of services described in subsection (a)(3), the term Secretary concerned in subsection (a) shall include the Secretary of Commerce with respect to members of the commissioned officer corps of the National Oceanic and Atmospheric Administration.”

(3)
Capstone course for newly selected flag officers— Section 2153 of such title is amended—
(A)
in subsection (a)—
(i)
by inserting “or the commissioned officer corps of the National Oceanic and Atmospheric Administration” after “in the case of the Navy”; and
(ii)
by striking “other armed forces” and inserting “other uniformed services”; and
(B)
in subsection (b)(1), in the matter before subparagraph (A), by inserting “or the Secretary of Commerce, as applicable,” after “the Secretary of Defense”.

Sec. 206 Applicability of certain provisions of title 37, United States Code

(a)
In general— Subtitle E (33 U.S.C. 3071 et seq.) is amended by inserting after section 261 the following:

“261a. Applicability of certain provisions of title 37, United States Code

“(a) Provisions made applicable to commissioned officer corps—The provisions of law applicable to the Armed Forces under the following provisions of title 37, United States Code, shall apply to the commissioned officer corps of the Administration:

“(1) Section 324, relating to special pay and accession bonuses for new officers in critical skills.

“(2) Section 403(l), relating to temporary continuation of housing allowance for dependents of members dying on active duty.

“(3) Section 415, relating to initial uniform allowances.

“(4) Section 488, relating to allowances for recruiting expenses.

“(5) Section 495, relating to allowances for funeral honors duty.

“(b) Field duty and sea duty—The Secretary may prescribe definitions for the terms field duty and sea duty for the purposes of section 413 of title 37, United States Code, with respect to the commissioned officer corps of the Administration.

“(c) References—The authority vested by title 37, United States Code, in the “military departments”, “the Secretary concerned”, or “the Secretary of Defense” with respect to the provisions of law referred to in subsection (a) shall be exercised, with respect to the commissioned officer corps of the Administration, by the Secretary of Commerce or the Secretary's designee.”

(b)
Personal money allowance— Section 414 of title 37, United States Code, is amended by inserting “or the Director of the commissioned officer corps of the National Oceanic and Atmospheric Administration” after “Health Service”.
(c)
Clerical amendment— The table of contents in section 1 of the Hydrographic Services Improvement Act Amendments of 2002 (Public Law 107–372), as amended by this Act, is further amended by inserting after the item relating to section 261 the following:

Sec. 207 Prohibition on retaliatory personnel actions

(a)
In general— Subsection (a) of section 261 (33 U.S.C. 3071), as amended by section 205(a) of this Act, is further amended—
(1)
by redesignating paragraphs (8) through (25) as paragraphs (9) through (26), respectively; and
(2)
by inserting after paragraph (7) the following:

“(8) Section 1034, relating to protected communications and prohibition of retaliatory personnel actions.”

(b)
Conforming amendment— Subsection (b) of such section is amended—
(1)
by striking “The” and inserting “(a) The”; and
(2)
by adding at the end the following:

“(b) For purposes of subsection (a)(8), the term Inspector General in section 1034 of title 10 shall mean the Inspector General of the Department of Commerce.”

(c)
Regulations— Such section is further amended by adding at the end the following:

“(c) Regulations regarding protected communications and prohibition of retaliatory personnel actions—The Secretary may promulgate regulations to carry out section 261(a)(8), including by promulgating such administrative procedures for investigation and appeal within the commissioned officer corps as the Secretary considers appropriate.”

Sec. 208 Application of certain provisions of competitive service law

Section 3304(f) of title 5, United States Code, is amended—
(1)
by amending paragraph (1) to read as follows:

“(1) The following individuals may not be denied the opportunity to compete for vacant positions for which the agency making the announcement will accept applications from individuals outside its own workforce under merit promotion procedures:

“(A) Preference eligibles.

“(B) Veterans who have been separated from the Armed Forces under honorable conditions after 3 years or more of active service.

“(C) Members of the commissioned officer corps of the National Oceanic and Atmospheric Administration separated from such officer corps under honorable conditions after 3 years or more of active service.”

(2)
in paragraph (2), by striking “or veteran” and inserting “, veteran, or member”; and
(3)
in paragraph (4), by striking “preference eligibles” and all that follows through “service” and inserting “individuals described in paragraph (1)”.

Sec. 209 Employment and reemployment rights

Section 4303(16) of title 38, United States Code, is amended by inserting “the commissioned officer corps of the National Oceanic and Atmospheric Administration,” after “Public Health Service,”.

Sec. 210 Treatment of commission in commissioned officer corps for purposes of certain hiring decisions

(a)
In general— Subtitle E (33 U.S.C. 3071 et seq.), as amended by section 206(a) of this Act, is further amended by adding at the end the following:

“270. Treatment of commission in commissioned officer corps as employment in Administration for purposes of certain hiring decisions

“(a) In general—In any case in which the Secretary accepts an application for a position of employment with the Administration and limits consideration of applications for such position to applications submitted by individuals serving in a career or career-conditional position in the competitive service within the Administration, the Secretary shall deem an officer who has served as an officer in the commissioned officer corps for at least 3 years to be serving in a career or career-conditional position in the competitive service within the Administration for purposes of such limitation.

“(b) Career appointments—If the Secretary selects an application submitted by an officer described in subsection (a) for a position described in such subsection, the Secretary shall give such officer a career or career-conditional appointment in the competitive service, as appropriate.

“(c) Competitive service defined—In this section, the term competitive service has the meaning given the term in section 2102 of title 5, United States Code.”

(b)
Clerical amendment— The table of contents in section 1 of the Hydrographic Services Improvement Act Amendments of 2002 (Public Law 107–372), as amended by this Act, is further amended by inserting after the item relating to section 269 the following: