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[Senate Report 112-256]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                                 SENATE
 2d Session                                                      112-256
_______________________________________________________________________

                                                       Calendar No. 551

                    NATIONAL OCEANIC AND ATMOSPHERIC

                  ADMINISTRATION COMMISSIONED OFFICER

                      CORPS AMENDMENTS ACT OF 2012

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2388

                                     

               December 19, 2012.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred twelfth congress
                             second session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman

DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas                 ROY BLUNT, Missouri
CLAIRE McCASKILL, Missouri           JOHN BOOZMAN, Arkansas
AMY KLOBUCHAR, Minnesota             PATRICK J. TOOMEY, Pennsylvania
TOM UDALL, New Mexico                MARCO RUBIO, Florida
MARK WARNER, Virginia                KELLY AYOTTE, New Hampshire
MARK BEGICH, Alaska                  DEAN HELLER, Nevada

                     Ellen Doneski, Staff Director
                   James Reid, Deputy Staff Director
                     John Williams, General Counsel
               Richard Russell, Republican Staff Director
            David Quinalty, Republican Deputy Staff Director
               Rebecca Seidel, Republican General Counsel

                                                       Calendar No. 551
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-256

======================================================================

 
 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER 
                      CORPS AMENDMENTS ACT OF 2012

                                _______
                                

               December 19, 2012.--Ordered to be printed

                                _______
                                

     Mr. Rockefeller, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 2388]

      The Committee on Commerce, Science, and Transportation, 
to which was referred the bill (S. 2388) 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 (in the nature of a substitute) and recommends that 
the bill (as amended) do pass.

                          Purpose of the Bill

  The purpose of S. 2388 is to reauthorize and amend the 
National Oceanic and Atmospheric Administration (NOAA) 
Commissioned Officer Corps Act of 2002 and make a number of 
improvements, clarifications, and refinements to NOAA's 
statutory authorities.

                          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 
NOAA Corps make up only about three percent of NOAA's 
personnel. Officers can be found operating one of NOAA's 19 
ships or 12 aircraft to provide support to meet NOAA's 
missions, and additionally facilitate research projects, 
conduct diving operations, and serve in staff positions 
throughout the agency.\2\ Duties and areas of operations can 
range from launching a weather balloon at the South Pole, 
conducting hydrographic or fishery surveys in Alaska, 
maintaining buoys in the tropical Pacific, and flying survey 
aircraft into hurricanes to provide accurate weather forecasts. 
During times of war or national emergency, NOAA Corps officers 
can assume positions of leadership and command in the Armed 
Forces.\3\
---------------------------------------------------------------------------
    \1\10 U.S.C. 101(a)(5). The United States has seven uniformed 
services, of which five are ``armed forces'' (Army, Navy, Air Force, 
Marines and Coast Guard). The other two uniformed services are the 
commissioned corps of the National Oceanic and Atmospheric 
Administration and the commissioned corps of the Public Health Service.
    \2\NOAA's mission is: to understand and predict changes in climate, 
weather, oceans, and coasts; to share that knowledge and information 
with others; and to conserve and manage coastal and marine ecosystems 
and resources. http://www.noaa.gov/about-noaa.html.
    \3\42 U.S.C.S. 217, Use of Service in time of war or emergency
---------------------------------------------------------------------------
  NOAA Corps traces its roots back to the former Survey of the 
Coast, established in 1807 by President Thomas Jefferson. NOAA 
Corps today provides a cadre of professionals trained in 
engineering, earth sciences, oceanography, meteorology, 
fisheries science, and other related disciplines.\4\ Exhibiting 
a unique combination of scientific and technical competence, 
discipline, and flexibility, NOAA Corps officers are prepared 
for positions of leadership and command throughout all of 
NOAA's line offices. Like other uniformed services, NOAA Corps 
officers spend much of their careers away from family and 
friends, serving aboard NOAA ships and aircraft which 
frequently deploy up to eight or nine months a year. This bill 
is intended to update and better align NOAA Corps obligations, 
human resource requirements, and benefits with those of 
officers in other uniformed services.
---------------------------------------------------------------------------
    \4\http://www.noaa.gov/about-noaa.html.
---------------------------------------------------------------------------

                         Summary of Provisions

  S. 2388 would provide NOAA Corps with improved tools to 
improve recruiting and retention, enabling NOAA Corps to better 
compete with other uniformed services for desirable candidates. 
These tools include: a pre-commissioning educational assistance 
program for students who agree to serve in NOAA Corps; 
authority for an education loan repayment program for students 
with critical skills; and an education loan interest repayment 
program for officers in the first three years of active duty. 
This bill also would authorize a sabbatical 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.
  This bill also would tighten the requirements expected of 
officers. For instance, the bill would authorize NOAA to bind 
NOAA Corps officers by contract or obligation, and require 
stricter physical fitness requirements. The bill would also 
allow NOAA to defer service termination and retirements if 
needed to support the agency's service needs. This bill would 
streamline procedures for appointment and promotion of junior 
officers and more closely align NOAA Corps with other uniformed 
services. Finally, this bill would create a new Officer 
Candidate rank for officers entering duty for a period of 
initial training, require officers to meet U.S. Navy physical 
fitness standards, and add the authority to require a period of 
obligated service after initial training.

                          Legislative History

  Senator Begich introduced S. 2388 on April 26, 2012, with 
Senators Inouye, Murkowski, Snowe, and Whitehouse joining as 
original cosponsors of the bill. Senator Rockefeller is also a 
cosponsor of the legislation. On July 31, 2012, the Committee 
met in open Executive Session and, by voice vote, ordered S. 
2388 reported with three accepted amendments: Senator Begich 
offered an amendment that would limit spending for the 
educational assistance program authorized by the bill to the 
amount generated by other provisions of the legislation, and 
for other technical purposes. Senator Wicker offered two 
amendments. The first amendment would require NOAA Corps to 
provide a report to Congress evaluating current status and 
project needs of NOAA Corps with regard to recruitment and 
attrition, and would defer the implementation of certain 
provisions of the act pending receipt of the report. The second 
amendment would codify an existing Department of Commerce and 
Department of Defense policy to authorize inter-service 
personnel transfers. The Committee, without objection, ordered 
S. 2388 be reported favorably as amended by these three 
amendments.

                            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:
S. 2388--National Oceanic and Atmospheric Administration Commissioned 
        Officer Corps Amendments Act of 2012
    S. 2388 would modify certain personnel policies for the 
commissioned officer corps of the National Oceanic and 
Atmospheric Administration (NOAA). Based on information 
provided by NOAA, CBO estimates that implementing the 
legislation would have no significant impact on the federal 
budget. Enacting the legislation could affect offsetting 
receipts (a credit against direct spending) from payments made 
by individuals who enter the corps but fail to complete their 
required service obligations as well as revenues from fines 
levied on individuals who wear the uniform of the NOAA 
commission officer corps without proper authorization. 
Therefore, pay-as-you-go procedures apply. However, CBO 
estimates that any such impacts would be insignificant.
    The bill would establish service requirements for 
individuals enlisting in the NOAA 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 to train that officer. Based on 
information provided by NOAA regarding the cost of such 
training, CBO estimates that the total amount of payments to 
NOAA from officers who fail to meet their service obligations 
would be minimal.
    S. 2388 also would make it illegal for any individual to 
wear the uniform of the NOAA commissioned officer corps without 
proper authorization. Violators would be subject to criminal 
penalties; however, CBO estimates that any amounts collected 
would be minimal and would be offset by associated direct 
spending.
    Finally, the bill would authorize NOAA to pay certain 
expenses related to higher education for individuals serving in 
the commissioned officer corps or individuals who commit to 
serving in the corps after completing a college degree. Based 
on information provided by the agency about the number of 
officers who would receive such assistance, CBO estimates that 
implementing this provision would cost less than $500,000 a 
year, assuming the availability of appropriated funds. g6
    The bill would impose intergovernmental and private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
The bill would increase the costs of complying with existing 
mandates related to protections for personnel in the NOAA 
commissioned officer corps. It would impose an additional 
intergovernmental mandate by preempting state and local laws 
relating to jury exemptions. CBO estimates that the aggregate 
cost of complying with the mandates would fall below the annual 
thresholds established in UMRA for intergovernmental and 
private-sector mandates ($73 million and $146 million in 2012, 
respectively, adjusted annually for inflation).
    The CBO staff contacts for this estimate are Jeff LaFave 
(for federal costs), J'nell Blanco (for the intergovernmental 
impact), and Amy Petz (for the impact on the private sector). 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  The bill would modify certain personnel policies for the 
roughly 300 members of NOAA Corps. It will neither increase nor 
decrease the number of individuals regulated.

                            ECONOMIC IMPACT

  The bill does not include new authorization of funds, and is 
not expected to have an adverse impact on the nation's economy. 
It is anticipated that enacting the legislation could have a 
modest positive effect through the authorization of fine 
collection and receipt of payments.

                                PRIVACY

  The reported bill would not have any adverse impact on the 
personal privacy of individuals.

                               PAPERWORK

  The Committee does not anticipate a major increase in 
paperwork burdens resulting from the passage of this 
legislation. An amendment offered by Senator Wicker would 
require the development of a report to Congress.

                   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.
  This section would provide that this Act may be cited as the 
``National Oceanic and Atmospheric Administration Commissioned 
Officer Corps Amendments Act of 2012''.
Section 2. Strength and Distribution in Grade.
  This section would formally establish the commissioned grades 
of NOAA Corps that have historically existed. It would also 
limit the distribution of officers in senior ranks, and allow 
the Secretary of Commerce flexibility to establish distribution 
in grades for junior ranks.
Section 3. Exclusion of Officers Recalled from Retired Status and 
        Positions of Importance and Responsibility from Number of 
        Authorized Commissioned Officers.
  This section would allow NOAA Corps officers temporarily 
recalled from retirement to not count against the NOAA Corps 
statutorily authorized operational strength. NOAA Corps 
currently cannot recall officers from retired status to assist 
in disaster response, a limitation which strained NOAA's 
response to the Deepwater Horizon rig explosion and resulting 
oil spill in 2010.
Section 4. Obligated Service Requirement.
  This section would provide legislative authority to bind NOAA 
Corps officers by contract or obligation. 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 NOAA Corps shortly thereafter. The 
other Uniformed Services require an obligated service for 
appointment, training, promotion, etc. of officers to ensure 
they receive an adequate return on investment in these 
categories.
Section 5. Training and Physical Fitness.
  This section would amend section 3001 of title 33, United 
States Code (U.S.C.) and give the Secretary of Commerce the 
authority to conduct officer training 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 of Commerce considers necessary 
for officer development and proficiency. This section would 
require the Secretary of Commerce to ensure that officers 
maintain a high physical state of readiness in preparation for 
functioning as a service in the Navy during times of war, 
including by establishing standards of physical fitness for 
officers that are substantially equivalent to those prescribed 
for officers in the Navy.
Section 6. Original Appointments.
  This section would amend section 3021 of title 33, U.S.C., to 
give NOAA Corps the authority to bestow an original appointment 
of an officer to be appropriate for the qualification, 
experience, and length of service of the appointee to meet 
current NOAA Corps science education standards. This section 
would give NOAA Corps the same authority as other uniformed 
services to commission junior officers without seeking advice 
and consent of Senate. This section also would allow officers 
to be re-appointed to the grade they left NOAA Corps. The 
current statute limits original appointments to the grades of 
ensign, lieutenant (junior grade), and lieutenant. This section 
would authorize NOAA to implement a new retention tool that 
would allow officers to temporarily separate and pursue 
personnel goals (like starting a family) or other opportunities 
outside the Service, while providing a mechanism for their 
return to active duty.
Section 7. Personnel Boards.
  This section would amend section 3022 of title 33, U.S.C. and 
allow retired, recalled officers, as well as more junior 
officers, to serve on personnel boards. 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 NOAA Corps' inherent 
small size. This section would allow officers to serve on 
personnel boards if they are above the permanent grade of the 
officer(s) under consideration by the board and allow retired 
officers to be voluntarily recalled to serve on personnel 
boards, when necessary.
Section 8. Temporary Appointments.
  This section would amend section 3029 of title 33, U.S.C. and 
allow NOAA Corps to appoint junior officers without formally 
seeking the Senate's advice and consent.
Section 9. Officer Candidates.
  This section would amend section 3021 of title 33, U.S.C. and 
give NOAA the authority to create an officer candidate rank, 
with reduced pay. This would result in savings of approximately 
$115,000 annually, which could be used to pay for officer pre-
commissioning and education programs established elsewhere in 
this bill. Currently, officers entering NOAA Corps for initial 
training are directly commissioned as officers on their first 
day. All other services have a period during which the 
individual is an officer candidate before receiving a 
commission.
Section 10. Involuntary Retirement or Separation.
  This section would give NOAA Corps authority to defer an 
officer's involuntary retirement or separation due to medical 
conditions or the service's needs across all ranks. Currently 
NOAA can defer involuntary separation of lieutenant commanders 
and below, but it cannot for commanders and captains.
Section 11. Separation Pay.
  This section would remove a loophole in existing law which 
allows those voluntarily leaving the service to manipulate the 
system to receive separation pay.
Section 12. Applicability of Certain Provisions of Title 10, United 
        States Code.
  This section and several of those that follow would make 
minor amendments to section 3071(a) of title 33, U.S.C., which 
outlines the rules of law that apply to the Armed Forces as 
extended to NOAA Corps. For example, this section would provide 
the authority used by the other Uniformed Services to exempt 
personnel from service on State and local juries when such 
service would interfere unreasonably with performance of an 
officer's uniformed service duties.
Section 13. Education Loan Repayment Program.
  This section would also amend section 3071 of title 33, 
U.S.C. to extend to NOAA similar education loan repayment 
recruiting incentives as the other Uniformed Services.
Section 14. Interest Payment Program.
  This section would amend section 3071 of title 33, U.S.C. 
NOAA Corps does not have the same authority for the repayment 
of interests on education loans as the other Uniformed 
Services. The Department of Defense and the Coast Guard offer 
the interest payment program as a recruiting incentive. This 
section would provide the statutory authority for the repayment 
of interest payments on educational loans for up to 36 months 
while the officer is serving. This section is intended to help 
NOAA Corps compete for highly qualified recruits.
Section 15. Student Pre-Commissioning Education Assistance Program.
  This section would amend section 3071 of title 33, U.S.C. to 
extend to NOAA Corps similar authority for student pre-
commissioning assistance program as the other Services.
Section 16. Limitation on Educational Assistance.
  This section states that each fiscal year, beginning with 
fiscal year 2013, the Secretary of Commerce would ensure that 
the total amount expended for educational assistance does not 
exceed the total amount saved by the use of the officer 
candidate rank authorized by this bill.
Section 17. Applicability of Certain Provisions of Title 37, United 
        States Code.
  This section would amend section 3071 of title 33, U.S.C. and 
provide authority for accession bonuses for new officers with 
critical skills, allowing NOAA Corps to compete for applicants, 
as well as miscellaneous authorities for pay (for funeral duty, 
recruiting expenses, etc.) that other uniformed services have.
Section 18. Application of Certain Provisions of Competitive Service 
        Law.
  This section would amend section 3304(f) of title 5, U.S.C. 
and ensure that officers of NOAA Corps are considered Federal 
employees when applying for jobs only open to Federal 
employees.
Section 19. Eligibility of All Members of Uniformed Services for Legion 
        of Merit Award.
  This section would amend section 1121 of title 10, U.S.C. and 
allow the officers of NOAA Corps and U.S. Public Health Service 
(USPHS) to receive the Legion of Merit Award.
Section 20. Application of Employment and Reemployment Rights of 
        Members of the Uniformed Services to Members of Commissioned 
        Officer Corps.
  This section would amend section 4303(16) of title 38, U.S.C. 
and extend the Uniformed Services Employment and Reemployment 
Rights Act (USERRA) prohibition against employment 
discrimination against uniformed service members to NOAA Corps.
Section 21. Protected Communications for Commissioned Officer Corps and 
        Prohibition of Retaliatory Personnel Actions.
  Currently NOAA Corps officers fall between the cracks in 
whistleblower protection. Neither the regulations that protect 
military members or civil servants protect them. This section 
ensures the military whistleblower protection act covers 
members of the NOAA Corps.
Section 22. Criminal Penalties for Wearing Uniform Without Authority.
  This section would extend military regulations governing the 
wearing of uniform without authority to NOAA Corps officers.
Section 23. Report on Status of Officers in Commissioned Officer Corps 
        of National Oceanic and Atmospheric Administration and Public 
        Health Service During Government Shutdowns.
  During the last threatened government shutdown, NOAA and 
USPHS were threatened with being placed in a non-essential, 
non-duty or non-pay status, despite a clear exempt status. This 
section would direct the Department of Justice to explain the 
legal reasoning behind this recent legal interpretation.
Section 24. Technical Correction.
  This section would amend section 101(21)(C) of title 38, 
U.S.C., by inserting ``in the commissioned officer corps'' 
before ``of the National.''
Section 25. Report
  This section would require that not later than 90 days after 
the date of the enactment of this Act, the Secretary of 
Commerce shall submit to Congress a report evaluating the 
current status and projected needs of the commissioned officer 
corps of NOAA to operate sufficiently through fiscal year 2017.
Section 26. Effective Date
  This section states that sections 2 through 22 would take 
effect 90 days after the day on which the Secretary of Commerce 
submits to Congress the report required in section 25.

                        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):
  

 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER 
                           CORPS ACT OF 2002

TITLE II. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED 
                             OFFICER CORPS

                     SUBTITLE A. GENERAL PROVISIONS

SEC. 212. DEFINITIONS.

                            [33 U.S.C. 3002]

  (a) Applicability of Definitions in Title 10, United States 
Code.--Except as provided in subsection (b), the definitions 
provided in section 101 of title 10, United States Code, apply 
to the provisions of this title.
  (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. 214. STRENGTH AND DISTRIBUTION IN GRADE.

                            [33 U.S.C. 3004]

  [(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) Proportion.--
          (1) In general.--The officers on the lineal list 
        shall be distributed in grade in the following 
        percentages:
                  (A) 8 in the grade of captain.
                  (B) 14 in the grade of commander.
                  (C) 19 in the grade of lieutenant commander.
          (2) Grades below lieutenant commander.--The Secretary 
        shall prescribe, with respect to the distribution on 
        the lineal list in grade, the percentages applicable to 
        the grades of lieutenant, lieutenant (junior grade), 
        and ensign.
  (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 \1/2\, the next higher whole number shall 
        be taken.
  (d) Temporary Increase in Numbers.--The total number of 
officers authorized by law to be on the lineal list during a 
fiscal year may be temporarily exceeded if the average number 
on that list during that fiscal year does not exceed the 
authorized number.
  (e) Positions of Importance and Responsibility.--Officers 
serving in positions designated under section 228(a) and 
officers recalled from retired status shall not be counted when 
computing authorized strengths under subsection (c) and shall 
not count against those strengths.
  (f) Preservation of Grade and Pay.--No officer may be reduced 
in grade or pay or separated from the commissioned officer 
corps of the Administration as the result of a computation made 
to determine the authorized number of officers in the various 
grades.

SEC. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFICERS.

                            [33 U.S.C. 3005]

  [Effective] (a) In General._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.
  (b) Positions of Importance and Responsibility.--Officers 
serving in positions designated under section 228 and officers 
recalled from retired status--
          (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) Rulemaking.--The Secretary shall prescribe the 
        obligated service requirements for appointments, 
        training, promotions, separations, continuations, and 
        retirement of officers not otherwise covered by law.
          (2) Written agreements.--The Secretary and officers 
        shall enter into written agreements that describe the 
        officers' obligated service requirements prescribed 
        under paragraph (1) in return for such appointments, 
        training, promotions, separations, and retirements as 
        the Secretary considers appropriate.
  (b) Repayment for Failure To Satisfy Requirements.--
          (1) In general.--The Secretary may require an officer 
        who fails to meet the service requirements prescribed 
        under subsection (a)(1) to reimburse the Secretary in 
        an amount that bears the same ratio to the total costs 
        of the training provided to that officer by the 
        Secretary as the unserved portion of active duty bears 
        to the total period of active duty the officer agreed 
        to serve.
          (2) Obligation as debt to united states.--An 
        obligation to reimburse the Secretary under paragraph 
        (1) shall be considered for all purposes as a debt owed 
        to the United States.
          (3) Discharge in bankruptcy.--A discharge in 
        bankruptcy under title 11 that is entered less than 5 
        years after the termination of a written agreement 
        entered into under subsection (a)(2) does not discharge 
        the individual signing the agreement from a debt 
        arising under such agreement.
  (c) Waiver or Suspension of Compliance.--The Secretary may 
waive the service obligation of an officer who--
          (1) becomes unqualified to serve on active duty in 
        the commissioned officer corps of the Administration 
        because of a circumstance not within the control of 
        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 
        books and school supplies.
          (3) Acquiring such equipment as may be necessary for 
        training and instructional purposes.
  (b) Physical Fitness.--The Secretary shall ensure that 
officers maintain a high physical state of readiness in 
preparation for functioning as a service in the Navy during 
times of war, including by establishing standards of physical 
fitness for officers that are substantially equivalent to those 
prescribed for officers in the Navy.

           SUBTITLE B. APPOINTMENT AND PROMOTION OF OFFICERS

[SEC. 221. ORIGINAL APPOINTMENTS.

                            [33 U.S.C. 3021]

  [(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 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) Licensed officers of the United States 
                merchant marine who have served 2 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) Military service academies of the united states 
        defined.--In this subsection, the term ``military 
        service academies of the United States'' means the 
        following:
                  (A) The United States Military Academy, West 
                Point, New York.
                  (B) The United States Naval Academy, 
                Annapolis, Maryland.
                  (C) The United States Air Force Academy, 
                Colorado Springs, Colorado.
                  (D) The United States Coast Guard Academy, 
                New London, Connecticut.
                  (E) 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, by and with the advice and 
        consent of the Senate.
  (c) Qualifications.--An appointment under subsection (a) or 
(b) may not be given to an individual until the individual's 
mental, moral, physical, and professional fitness to perform 
the duties of an officer has been established under such 
regulations as the Secretary shall prescribe.
  (d) Precedence of Appointees.--Appointees under this section 
shall take precedence in the grade to which appointed in 
accordance with the dates of their commissions as commissioned 
officers in such grade. Appointees whose dates of commission 
are the same shall take precedence with each other as the 
Secretary shall determine.
  (e) Inter-service Transfers.--For inter-service transfers (as 
described in the Department of Defense Directive 1300.4 (dated 
December 27, 2006)) the Secretary shall--
          (1) coordinate with the Secretary of Defense and the 
        Secretary of the Department in which the Coast Guard is 
        operating to promote and streamline inter-service 
        transfers;
          (2) give preference to such inter-service transfers 
        for recruitment purposes as determined appropriate by 
        the Secretary; and
          (3) reappoint such inter-service transfers to the 
        equivalent grade in the commissioned officer corps.

[SEC. 222. PERSONNEL BOARDS.

                            [33 U.S.C. 3022]

  [(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 5 or more officers who are serving 
        in or above the permanent grade of the officers under 
        consideration by the board.
          (2) Retired officers.--Officers on the retired list 
        may be recalled to serve on such personnel boards as 
        the Secretary considers necessary.
          (3) No membership on 2 successive boards.--No officer 
        may be a member of 2 successive personnel boards 
        convened to consider officers of the same grade for 
        promotion or separation.
  (c) Duties.--Each personnel board shall--
          (1) recommend to the Secretary such changes as may be 
        necessary to correct any erroneous position on the 
        lineal list that was caused by administrative error; 
        and
          (2) make selections and recommendations to the 
        Secretary and the President for the appointment, 
        promotion, involuntary separation, continuation, and 
        involuntary retirement of officers in the commissioned 
        officer corps of the Administration as prescribed in 
        this title.
  (d) Action on Recommendations Not Acceptable.--If any 
recommendation by a board convened under subsection (a) is not 
accepted by the Secretary or the President, the board shall 
make such further recommendations as the Secretary or the 
President consider appropriate.

SEC. 226. APPOINTMENTS AND PROMOTIONS TO PERMANENT GRADES.

                            [33 U.S.C. 3026]

  [Appointments in and promotions to all permanent grades shall 
be made by the President, by and with the advice and consent of 
the Senate.]
  (a) Higher Grades.--Original appointments under section 221 
in and promotions to the grades of lieutenant commander and 
above shall be made by the President, by and with the advice 
and consent of the Senate.
  (b) Lower Grades.--Original appointments under section 221 in 
and promotions to the grades of ensign through lieutenant shall 
be made by the President alone.

[SEC. 229. TEMPORARY APPOINTMENTS AND PROMOTIONS GENERALLY.

                            [33 U.S.C. 3029]

  [(a) Ensign.--Temporary appointments in the grade of ensign 
may be made by the President alone. Each such temporary 
appointment terminates at the close of the next regular session 
of the Congress unless the Senate sooner gives its advice and 
consent to the appointment.
  [(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 alone 
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 
alone. 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 alone.
  (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 alone.
  (c) Order of Precedence.--Appointees under subsection (a) 
shall take precedence in the grade to which appointed in 
accordance with the dates of their appointments as officers in 
such grade. The order of precedence of appointees who are 
appointed on the same date shall be determined by the 
Secretary.
  (d) Any One Grade.--When determined by the Secretary to be in 
the best interest of the commissioned officer corps, officers 
in any permanent grade may be temporarily promoted one grade by 
the President alone. Any such temporary promotion terminates 
upon the transfer of the officer to a new assignment.

SEC. 234. OFFICER CANDIDATES.

  (a) Determination of Number.--The Secretary shall determine 
the number of appointments of officer candidates.
  (b) Appointment.--Appointment of officer candidates shall be 
made under regulations which the Secretary shall prescribe, 
including regulations with respect to determining age limits, 
methods of selection of officer candidates, term of service as 
an officer candidate before graduation from the program, and 
all other matters affecting such appointment.
  (c) Dismissal.--The Secretary may dismiss from the basic 
officer training program of the Administration any officer 
candidate who, during the officer candidate's term as an 
officer candidate, the Secretary considers unsatisfactory in 
either academics or conduct, or not adapted for a career in the 
commissioned officer corps of the Administration. Officer 
candidates shall be subject to rules governing discipline 
prescribed by the Director of the National Oceanic and 
Atmospheric Administration Commissioned Officer Corps.
  (d) Agreement.--
          (1) In general.--Each officer candidate shall sign an 
        agreement with the Secretary in accordance with section 
        216(a)(2) regarding the officer candidate's term of 
        service in the commissioned officer corps of the 
        Administration.
          (2) Elements.--An agreement signed by an officer 
        candidate under paragraph (1) shall provide that the 
        officer candidate agrees to the following:
                  (A) That the officer candidate will complete 
                the course of instruction at the basic officer 
                training program of the Administration.
                  (B) That upon graduation from the such 
                program, the officer candidate--
                          (i) will accept an appointment, if 
                        tendered, as an officer; and
                          (ii) will serve on active duty for at 
                        least 4 years immediately after such 
                        appointment.
  (e) Regulations.--The Secretary shall prescribe regulations 
to carry out this section. Such regulations shall include--
          (1) standards for determining what constitutes a 
        breach of an agreement signed under such subsection 
        (d)(1); and
          (2) procedures for determining whether such a breach 
        has occurred.
  (f) Repayment.--An officer candidate or former officer 
candidate who does not fulfill the terms of the obligation to 
serve as specified under section (d) shall be subject to the 
repayment provisions of section 216(b).

           SUBTITLE C. SEPARATION AND RETIREMENT OF OFFICERS

SEC. 241. INVOLUNTARY RETIREMENT OR SEPARATION.

                            [33 U.S.C. 3041]

  (a) Transfer of Officers to Retired List; Separation from 
Service.--As recommended by a personnel board convened under 
section 222--
          (1) an officer in the permanent grade of captain or 
        commander may be transferred to the retired list; and
          (2) an officer in the permanent grade of lieutenant 
        commander, lieutenant, or lieutenant (junior grade) who 
        is not qualified for retirement may be separated from 
        the service.
  (b) Computations.--In any fiscal year, the total number of 
officers selected for retirement or separation under subsection 
(a) plus the number of officers retired for age may not exceed 
the whole number nearest 4 percent of the total number of 
officers authorized to be on the active list, except as 
otherwise provided by law.
  (c) Effective Date of Retirements and Separations.--A 
retirement or separation under subsection (a) shall take effect 
on the first day of the sixth month beginning after the date on 
which the Secretary approves the retirement or separation, 
except that if the officer concerned requests an earlier 
retirement or separation date, the date shall be as determined 
by the Secretary.
  (d) Deferment of Retirement or Separation for Medical 
Reasons.--
          (1) In general.--If the Secretary determines that the 
        evaluation of the medical condition of an officer 
        requires hospitalization or medical observation that 
        cannot be completed with confidence in a manner 
        consistent with the officer's well being before the 
        date on which the officer would otherwise be required 
        to retire or be separated under this section, the 
        Secretary may defer the retirement or separation of the 
        officer.
          (2) Consent required.--A deferment may only be made 
        with the written consent of the officer involved. If 
        the officer does not provide written consent to the 
        deferment, the officer shall be retired or separated as 
        scheduled.
          (3) Limitation.--A deferral of retirement or 
        separation under this subsection may not extend for 
        more than 30 days after completion of the evaluation 
        requiring hospitalization or medical observation.

SEC. 242. SEPARATION PAY.

                            [33 U.S.C. 3042]

  (a) Authorization of Payment.--An officer who is separated 
under section 241(a)(2) and who has completed more than three 
years of continuous active service immediately before that 
separation is entitled to separation pay computed under 
subsection (b) unless the Secretary determines that the 
conditions under which the officer is separated do not warrant 
payment of that pay.
  (b) Amount of Separation Pay.--
          (1) Six or more years.--In the case of an officer who 
        has completed six or more years of continuous active 
        service immediately before that separation, the amount 
        of separation pay to be paid to the officer under this 
        section is 10 percent of the product of--
                  (A) the years of active service creditable to 
                the officer; and
                  (B) 12 times the monthly basic pay to which 
                the officer was entitled at the time of 
                separation.
          (2) Three to six years.--In the case of an officer 
        who has completed three or more but fewer than six 
        years of continuous active service immediately before 
        that separation, the amount of separation pay to be 
        paid to the officer under this section is one-half of 
        the amount computed under paragraph (1).
  (c) Other Conditions, Requirements, and Administrative 
Provisions.--The provisions of subsections (f), (g), and (h) of 
section 1174 of title 10, United States Code, shall apply to 
separation pay under this section in the same manner as such 
provisions apply to separation pay under that section.
  (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

SEC. 261. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, UNITED 
                    STATES CODE.

                            [33 U.S.C. 3071]

  (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) Chapter 58, relating to the Benefits and 
        Services for members being separated or recently 
        separated.
          [(7)](13) 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)](14) Chapter 61, relating to retirement or 
        separation for physical disability.
          [(9)](15) Chapter 69, relating to retired grade, 
        except sections 1370, 1375, and 1376.
          [(10)](16) Chapter 71, relating to computation of 
        retired pay.
          [(11)](17) Chapter 73, relating to annuities based on 
        retired or retainer pay.
          [(12)](18) Subchapter II of chapter 75, relating to 
        death benefits.
          (19) Subchapter I of chapter 88, relating to Military 
        Family Programs.
          (20) Section 2005, relating to advanced education 
        assistance, active duty agreements, and reimbursement 
        requirements.
          [(13)](21) Section 2634, relating to transportation 
        of motor vehicles for members on permanent change of 
        station.
          [(14)](22) Sections 2731 and 2735, relating to 
        property loss incident to service.
          [(15)](23) Section 2771, relating to final settlement 
        of accounts of deceased members.
          [(16)](24) 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.

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 1 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) 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 1 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 1 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 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 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 agrees--
                  (A) 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 3 years if the person 
                        received less than 3 years of 
                        assistance; and
                          (ii) up to 5 years if the 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 books.
          (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.

SEC. 270. 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 414(a)(2), relating to personal money 
        allowance while serving as Director of the National 
        Oceanic and Atmospheric Administration Commissioned 
        Officer Corps.
          (5) Section 428, relating to allowances for 
        recruiting expenses.
          (6) Section 435, 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 when the commissioned officer corps is not 
operating as a service in the Navy, by the Secretary of 
Commerce or the Secretary's designee.

                      HIGHER EDUCATION ACT OF 1965

SEC. 428. FEDERAL PAYMENTS TO REDUCE STUDENT INTEREST COSTS.

[20 U.S.C. 1078]

           *       *       *       *       *       *       *

  (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 264 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.
          (2) Forbearance.--During the period in which the 
        Secretary is making payments on a loan under paragraph 
        (1), the lender shall grant the borrower forbearance in 
        accordance with the guaranty agreement under subsection 
        (c)(3)(A)(i)(IV).
          (3) Special allowance defined.--For the purposes of 
        this subsection, the term ``special allowance'', means 
        a special allowance that is payable with respect to a 
        loan under section 438.

SEC. 455. TERMS AND CONDITIONS OF LOANS.

[20 U.S.C. 1087e]

           *       *       *       *       *       *       *

  (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 264 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.
          (2) Forbearance.--During the period in which the 
        Secretary is making payments on a loan under paragraph 
        (1), the Secretary shall grant the borrower 
        forbearance, in the form of a temporary cessation of 
        all payments on the loan other than the payments of 
        interest on the loan that are made under that 
        paragraph.

           *       *       *       *       *       *       *

SEC. 464. TERMS OF LOANS.

[20 U.S.C. 1087dd]

           *       *       *       *       *       *       *

  (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 264 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.
          (2) Forbearance.--During the period in which the 
        Secretary is making payments on a loan under paragraph 
        (1), the institution of higher education shall grant 
        the borrower forbearance in accordance with subsection 
        (e)(1)(C).

           *       *       *       *       *       *       *

             TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES

3304. Competitive service; examinations

           *       *       *       *       *       *       *

  (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

1121. Legion of Merit: award

  The President, under regulations to be prescribed by him, may 
award a decoration called the ``Legion of Merit'', having 
suitable appurtenances and devices and not more than four 
degrees, to any member of the [armed forces] uniformed services 
of the United States or of any friendly foreign nation who, 
after September 8, 1939, has distinguished himself by 
exceptionally meritorious conduct in performing outstanding 
services.

                TITLE 18. CRIMES AND CRIMINAL PROCEDURE

702. Uniform of armed forces and Public Health Service

  Whoever, in any place within the jurisdiction of the United 
States or in the Canal Zone, without authority, wears the 
uniform or a distinctive part thereof or anything similar to a 
distinctive part of the uniform of any of the armed forces of 
the United States, Public Health [Service or any] Service, the 
commissioned officer corps of the National Oceanic and 
Atmospheric Administration, or any auxiliary of such, shall be 
fined under this title or imprisoned not more than six months, 
or both.

         TITLE 37. PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

                          CHAPTER 3. BASIC PAY

203. Rates

  (a)(1) The rates of monthly basic pay for members of the 
uniformed services within each pay grade are those prescribed 
in accordance with section 1009 of this title or as otherwise 
prescribed by law.
          (2) Notwithstanding the rates of basic pay in effect 
        at any time as provided by law, the rates of basic pay 
        payable for commissioned officers in pay grades O-7 
        through O-10 may not exceed the monthly equivalent of 
        the rate of pay for level II of the Executive Schedule, 
        and the rates of basic pay payable for all other 
        officers and for enlisted members may not exceed the 
        monthly equivalent of the rate of pay for level V of 
        the Executive Schedule.
  (b) While serving as a permanent professor at the United 
States Military Academy, the United States Naval Academy, or 
the United States Air Force Academy or as a member of the 
permanent commissioned teaching staff at the United States 
Coast Guard Academy, an officer who has over 36 years of 
service computed under section 205 of this title is, in 
addition to the pay and allowances to which he is otherwise 
entitled under this title, entitled to additional pay in the 
amount of $250 a month. This additional pay may not be used in 
the computation of retired pay.
  (c) A cadet at the United States Military Academy, the United 
States Air Force Academy, or the Coast Guard Academy, or a 
midshipman at the United States Naval Academy, is entitled to 
monthly cadet pay, or midshipman pay, at the monthly rate equal 
to 35 percent of the basic pay of a commissioned officer in the 
pay grade O-1 with less than two years of service.
  (d)(1) The basic pay of a commissioned officer who is in pay 
grade O-1, O-2, or O-3 and who is credited with a total of over 
four years' service described in paragraph (2) shall be 
computed in the same manner as the basic pay of a commissioned 
officer in the same pay grade who has been credited with over 
four years' active service as an enlisted member.
          (2) Service to be taken into account for purposes of 
        computing basic pay under paragraph (1) is as follows:
                  (A) Active service as a warrant officer or as 
                a warrant officer and an enlisted member.
                  (B) Service as a warrant officer, as an 
                enlisted member, or as a warrant officer and an 
                enlisted member, for which at least 1,460 
                points have been credited to the officer for 
                the purposes of section 12732(a)(2) of title 
                10.
  (e)(1) A student at the United States Military Academy 
Preparatory School, the United States Naval Academy Preparatory 
School, or the United States Air Force Academy Preparatory 
School who was selected to attend the preparatory school from 
civilian life is entitled to monthly student pay at the same 
rate as provided for cadets and midshipmen under subsection 
(c).
          (2) A student at a preparatory school referred to in 
        paragraph (1) who, at the time of the student's 
        selection to attend the preparatory school, was an 
        enlisted member of the uniformed services shall receive 
        monthly basic pay at the rate prescribed for the 
        student's pay grade and years of service as an enlisted 
        member or at the rate provided for cadets and 
        midshipmen under subsection (c), whichever is greater.
          (3) The monthly student pay of a student described in 
        paragraph (1) shall be treated for purposes of the 
        accrual charge for the Department of Defense Military 
        Retirement Fund established under section 1461 of title 
        10 in the same manner as monthly cadet pay or 
        midshipman pay under subsection (c).
  (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 rate equal to the basic pay of an 
enlisted member in the pay grade E-5 with less than 2 years 
service.
  (2) An individual who graduates from such program shall 
receive credit for the time spent participating in such program 
as if such time were time served while on active duty as a 
commissioned officer. If the individual does not graduate from 
such program, such time shall not be considered creditable for 
active duty or pay.

                      TITLE 38. VETERANS' BENEFITS

101. Definitions

           *       *       *       *       *       *       *

          (21) The term ``active duty'' means--
                  (A) full-time duty in the Armed Forces, other 
                than active duty for training;
                  (B) full-time duty (other than for training 
                purposes) as a commissioned officer of the 
                Regular or Reserve Corps of the Public Health 
                Service (i) on or after July 29, 1945, or (ii) 
                before that date under circumstances affording 
                entitlement to ``full military benefits'' or 
                (iii) at any time, for the purposes of chapter 
                13 of this title;
                  (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;\1\
---------------------------------------------------------------------------
    \1\The amendment to section 101(21)(C) of title 38, United States 
Code, takes effect on the date of enactment of the National Oceanic and 
Atmospheric Administration Commissioned Officer Corps Amendments Act of 
2012. All other amendments take effect on the date that is 90 days 
after the date on which the Secretary of Commerce submits to Congress 
the report required by section 25(a) of the National Oceanic and 
Atmospheric Administration Commissioned Officer Corps Amendments Act of 
2012.
---------------------------------------------------------------------------
                  (D) service as a cadet at the United States 
                Military, Air Force, or Coast Guard Academy, or 
                as a midshipman at the United States Naval 
                Academy; and
                  (E) authorized travel to or from such duty or 
                service.

           *       *       *       *       *       *       *

4303. Definitions

           *       *       *       *       *       *       *

          (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, and any other 
        category of persons designated by the President in time 
        of war or national emergency.

                                  
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