S. 2981 — what changed
National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020
From Reported in Senate to Engrossed in Senate. 9 sections amended, 1 added, and 4 removed between Reported in Senate and Engrossed in Senate.
Section 1 Short title; table of contents
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Short title— This Act may be cited as the “National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2019”.2020”.
Table of contents— The table of contents for this Act is as follows:
Sec. 108 Technical correction
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Section 101(21)(C) of title 38, United States Code, is amended by inserting “in the commissioned officer corps” before “of the National”.
Section 1 Short title; table of contents
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Short title— This Act may be cited as the “National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2019”.
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Table of contents— The table of contents for this Act is as follows:
Sec. 2 References to National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002
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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.).
Sec. 202 Interest payments
In general— Subtitle E (33 U.S.C. 3071 et seq.), as amended by section 201(a), is further amended by adding at the end the following:
“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).
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“(e) Funds for payments—The Coordination with 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.Education
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“(f) Coordination with Secretary of Education
“(1) In general—The Secretary shall consult with the Secretary of Education regarding the administration of this section.
added “(2) Reimbursement authorized—The Secretary is authorized to reimburse the Secretary of Education—
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“(2) Transfer of funds—The Secretary shall transfer to “(A) for the Secretary funds necessary to pay interest and special allowances on student loans under this section (in accordance with sections 428(o), 455(l), and 464(j) of Education the funds necessary—Higher Education Act of 1965 (20 U.S.C. 1078(o), 1087e(l), and 1087dd(j)); and
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“(A) to pay interest and special allowances on student loans “(B) for any reasonable administrative costs incurred by the Secretary of Education in coordinating the program under this section (in accordance with sections 428(o), 455(l), the administration of the student loan programs under parts B, D, and 464(j) E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1078(o), 1087e(l), and 1087dd(j)); and1071 et seq., 1087a et seq., 1087aa et seq.).
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“(B) to reimburse the Secretary of Education for any reasonable administrative costs incurred by the Secretary in coordinating the program under “(f) Special allowance defined—In this section with the administration of section, the student loan programs term special allowance means a special allowance that is payable under parts B, D, and E of title IV section 438 of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.).1087–1).”
removed
“(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).”
Conforming amendments—
Section 428(o) of the Higher Education Act of 1965 (20 U.S.C. 1078(o)) is amended—
by striking the subsection heading and inserting “Armed Forces and NOAA Commissioned Officer Corps Student Loan Interest Payment Programs”; and
in paragraph (1)—
by inserting “or section 268 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002” after “Code,”; and
by inserting “or an officer in the commissioned officer corps of the National Oceanic and Atmospheric Administration, respectively,” after “Armed Forces”.
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—
by striking the subsection heading and inserting “Armed Forces and NOAA Commissioned Officer Corps Student Loan Interest Payment Programs”; and
in paragraph (1)—
by inserting “or section 268 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002” after “Code,”; and
by inserting “or an officer in the commissioned officer corps of the National Oceanic and Atmospheric Administration, respectively” after “Armed Forces”.
Clerical amendment— The table of contents in section 1 of the Act entitled “An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes” (Public Law 107–372), as amended by section 201(b), is further amended by inserting after the item relating to section 267 the following:
Sec. 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
Applicability of certain provisions of title 10— Section 261(a) (33 U.S.C. 3071(a)) is amended—
by redesignating paragraphs (13) through (16) as paragraphs (22) through (25), respectively;
by redesignating paragraphs (7) through (12) as paragraphs (14) through (19), respectively;
by redesignating paragraphs (4) through (6) as paragraphs (8) through (10), respectively;
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.”
by inserting after paragraph (10), as redesignated, the following:
“(11) Section 1074n, relating to annual mental health assessments.
“(12) Section 1090a, relating to referrals for mental health evaluations.
“(13) Chapter 58, relating to the Benefits and Services for members being separated or recently separated.”
by inserting after paragraph (19), as redesignated, the following:
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“(20) Subchapter I of chapter 88, relating to Military Family Programs.Programs, applicable on an as-available and fully reimbursable basis.
“(21) Section 2005, relating to advanced education assistance, active duty agreements, and reimbursement requirements.”
Extension of certain authorities—
Notarial services— Section 1044a of title 10, United States Code, is amended—
in subsection (a)(1), by striking “armed forces” and inserting “uniformed services”; and
in subsection (b)(4), by striking “armed forces” both places it appears and inserting “uniformed services”.
Acceptance of voluntary services for programs serving members and their families— Section 1588 of such title is amended—
in subsection (a)(3), in the matter before subparagraph (A), by striking “armed forces” and inserting “uniformed services”; and
by adding at the end the following new subsection:
“(g) Secretary concerned for acceptance of services for programs serving members of NOAA corps and their families—For purposes of the acceptance of services described in subsection (a)(3), the term Secretary concerned in subsection (a) shall include the Secretary of Commerce with respect to members of the commissioned officer corps of the National Oceanic and Atmospheric Administration.”
Capstone course for newly selected flag officers— Section 2153 of such title is amended—
in subsection (a)—
by inserting “or the commissioned officer corps of the National Oceanic and Atmospheric Administration” after “in the case of the Navy”; and
by striking “other armed forces” and inserting “other uniformed services”; and
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
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
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“(a) Provisions made applicable to commissioned officer corps—The “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:
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“(1) Section 324, 403(l), relating to accession bonuses temporary continuation of housing allowance for new officers in critical skills.dependents of members dying on active duty.
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“(2) Section 403(f)(3), 415, relating to prescribing regulations defining the terms field duty and sea duty.initial uniform allowances.
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“(3) Section 403(l), 488, relating to temporary continuation of housing allowance allowances for dependents of members dying on active duty.recruiting expenses.”
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“(4) Section 415, relating to initial uniform allowances.
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“(5) Section 488, relating to allowances for recruiting expenses.
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“(6) Section 495, relating to allowances for funeral honors duty.
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“(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.”
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Personal money allowance— Section 414(a)(2) 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”.
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was (4)
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) is amended by inserting after the item relating to section 261 the following:
Sec. 208 Employment and reemployment rights
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Section 3304(f) 4303(16) of title 5, 38, United States Code, is amended—amended by inserting “the commissioned officer corps of the National Oceanic and Atmospheric Administration,” after “Public Health Service,”.
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in paragraph (1), by inserting “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” after “separated from the armed forces”;
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in paragraph (2), by striking “or veteran” and inserting “, veteran, or member”; and
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in paragraph (4), by inserting “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” after “separated from the armed forces”.
Sec. 209 Treatment of commission in commissioned officer corps for purposes of certain hiring decisions
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In general— Subtitle E (33 U.S.C. 3071 et seq.), as amended by this Act, is further amended by adding at the end the following:
added “269A. Treatment of commission in commissioned officer corps as employment in Administration for purposes of certain hiring decisions
added “(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.
added “(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.
added “(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.”
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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) is amended by inserting after the item relating to section 269, as added by section 203(b), the following new item:
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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
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In general— Subtitle E (33 U.S.C. 3071 et seq.), as amended by this title, is further amended by adding at the end the following:
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“269A. Treatment of commission in commissioned officer corps as employment in Administration for purposes of certain hiring decisions
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“(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.
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“(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.
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“(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.”
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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) is amended by inserting after the item relating to section 269, as added by section 203(b), the following new item:
Sec. 301 Appointments
Original appointments— Section 221 (33 U.S.C. 3021) is amended to read as follows:
“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.
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“(B) Graduates Subject to the approval of the Secretary of Defense, graduates of the military service academies of the United States who otherwise meet the academic standards for enrollment in the training program described in subparagraph (A).
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“(C) Graduates of the State maritime academies of the States who—
“(i) otherwise meet the academic standards for enrollment in the training program described in subparagraph (A);
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“(ii) completed at least three years of regimented training while at a State maritime academy of a State; academy; and
“(iii) obtained an unlimited tonnage or unlimited horsepower Merchant Mariner Credential from the United States Coast Guard.
“(D) Licensed officers of the United States merchant marine who have served two or more years aboard a vessel of the United States in the capacity of a licensed officer, who otherwise meet the academic standards for enrollment in the training program described in subparagraph (A).
“(3) Definitions—In this subsection:
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“(A) Maritime Military service academies of the United States—The term maritime military service academies of the United States means the following:
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“(i) California Maritime Academy, Vallejo, California.
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“(ii) Great Lakes Maritime Academy, Traverse City, Michigan.
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“(iii) Maine Maritime Academy, Castine, Maine.
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“(iv) Massachusetts Maritime Academy, Buzzards Bay, Massachusetts.
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“(v) State University of New York Maritime College, Fort Schuyler, New York.
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“(vi) Texas A&M Maritime Academy, Galveston, Texas.
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“(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.
added “(B) State maritime academy—The term State maritime academy has the meaning given the term in section 51102 of title 46, United States Code.
“(b) Reappointment
“(1) In general—Except as provided in paragraph (2), an individual who previously served in the commissioned officer corps of the Administration may be appointed by the Secretary to the grade the individual held prior to separation.
“(2) 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.”
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) is amended by striking the item relating to section 221 and inserting the following:
Sec. 306 Procurement of personnel
In general— Subtitle B (33 U.S.C. 3021 et seq.), as amended by section 305(a), is further amended by adding at the end the following:
“235. Procurement of personnel
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“The Secretary may make take such expenditures measures as the Secretary considers determines necessary in order to obtain recruits for the commissioned officer corps of the Administration, including advertising.”
Clerical amendment— The table of contents in section 1 of the Act entitled “An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes” (Public Law 107–372), as amended by section 305(b), is further amended by inserting after the item relating to section 234 the following:
Sec. 502 Co-location agreements
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In general— Notwithstanding any other provision of law, in During fiscal year 2020 years 2021 through 2030, and each fiscal year thereafter, subject to the availability of appropriations, the Administrator of the National Oceanic and Atmospheric Administration may execute noncompetitive leases and co-location agreements for real property and incidental goods and services with entities described in subsection (b) for periods of not more than 30 20 years, if each such lease or agreement is supported by a price reasonableness analysis.
Entities described— An entity described in this subsection is—
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the government of any State, territory, possession, or locality in of the United States;
any Tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304));
any subdivision of—
a government described in paragraph (1); or
an organization described in paragraph (2); or
any organization that is—
organized under the laws of the United States or any jurisdiction within the United States; and
described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.
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Fiscal year limitation—Collaboration agreements— The obligation Upon the execution of amounts for leases and agreements executed under an agreement authorized by subsection (a) is limited to with an entity, the fiscal year Administrator may enter into agreements with the entity to collaborate or engage in projects or programs on matters of mutual interest for which payments are due, without regard periods not to sections 1341(a)(1), 1501(a)(1), 1502(a), and 1517(a) exceed the term of title 31, United States Code.the agreement. The cost of such agreements shall be apportioned equitably, as determined by the Administrator.
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Collaboration agreements—Savings clause— Upon the execution of a lease or agreement authorized by subsection (a) with an entity, the Administrator may enter into agreements with the entity to collaborate or engage Nothing in projects or programs on matters of mutual interest for periods not to exceed the term of the lease or agreement. The cost of such agreements this section shall be apportioned equitably, as determined by the Administrator.construed—
added
to affect the authority of the Administrator of General Services; or
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to grant the Administrator of the National Oceanic and Atmospheric Administration any additional authority to enter into a lease without approval of the General Services Administration.
Sec. 504 Improvements relating to sexual harassment and assault prevention at the National Oceanic and Atmospheric Administration
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added
Reporting— Subtitle C of title XXXV of the National Defense Authorization Act for Fiscal Year 2017 (33 U.S.C. 894 et seq.) is amended—
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in section 3541(b)(3)(B) (33 U.S.C. 894(b)(3)(B)), by striking “can be confidentially reported” and inserting “can be reported on a restricted or unrestricted basis”; and
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in section 3542(b)(5)(B) (33 U.S.C. 894a(b)(5)(B)), by striking “can be confidentially reported” and inserting “can be reported on a restricted or unrestricted basis”.
added
Investigative requirement— Such subtitle is amended—
added
by redesignating sections 3546 and 3547 as sections 3548 and 3549, respectively; and
added
by inserting after section 3545 the following:
added “3546. Investigation requirement
added “(a) Requirement to investigate
added “(1) In general—The Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, shall ensure that each allegation of sexual harassment reported under section 3541 and each allegation of sexual assault reported under section 3542 is investigated thoroughly and promptly.
added “(2) Sense of Congress on commencement of investigation—It is the sense of Congress that the Secretary should ensure that an investigation of alleged sexual harassment reported under section 3541 or sexual assault reported under section 3542 commences not later than 48 hours after the time at which the allegation was reported.
added “(b) Notification of delay—In any case in which the time between the reporting of alleged sexual harassment or sexual assault under section 3541 or 3542, respectively, and commencement of an investigation of the allegation exceeds 48 hours, the Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives of the delay.
added “3547. Criminal referral
added “If the Secretary of Commerce finds, pursuant to an investigation under section 3546, evidence that a crime may have been committed, the Secretary shall refer the matter to the appropriate law enforcement authorities, including the appropriate United States Attorney.”
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Clerical amendment— The table of contents in section 2(b) of such Act is amended by striking the items relating to sections 3546 and 3547 and inserting the following new items: