112TH CONGRESS 

2D SESSION S. 2388 

AN ACT 

To reauthorize and amend the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act 

of 2002, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘National Oceanic and Atmospheric Administration Com4 missioned Officer Corps Amendments Act of 2012’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Strength and distribution in grade. 

Sec. 3. Exclusion of officers recalled from retired status and positions of importance and responsibility from number of authorized commissioned officers. 

Sec. 4. Obligated service requirement. 

Sec. 5. Training and physical fitness. 

Sec. 6. Appointments. 

Sec. 7. Personnel boards. 

Sec. 8. Temporary appointments. 

Sec. 9. Officer candidates. 

Sec. 10. Involuntary retirement or separation. 

Sec. 11. Separation pay. 

Sec. 12. Applicability of certain provisions of title 10, United States Code. 

Sec. 13. Education loan repayment program. 

Sec. 14. Interest payment program. 

Sec. 15. Student pre-commissioning education assistance program. 

Sec. 16. Limitation on educational assistance. 

Sec. 17. Applicability of certain provisions of title 37, United States Code. 

Sec. 18. Application of certain provisions of competitive service law. 

Sec. 19. Eligibility of all members of uniformed services for Legion of Merit 

award. 

Sec. 20. Application of Employment and Reemployment Rights of Members of 

the Uniformed Services to members of commissioned officer 

corps. 

Sec. 21. Protected communications for commissioned officer corps and prohibition of retaliatory personnel actions. 

Sec. 22. Criminal penalties for wearing uniform without authority. 

Sec. 23. Technical correction. 

Sec. 24. Report. 

Sec. 25. Effective date. 

7 SEC. 2. STRENGTH AND DISTRIBUTION IN GRADE. 

8 Section 214 of the National Oceanic and Atmospheric 

9 Administration Commissioned Officer Corps Act of 2002 

10 (33 U.S.C. 3004) is amended to read as follows: 
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1 ‘‘SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE. 

2 ‘‘(a) GRADES.—The commissioned grades in the com3 missioned officer corps of the Administration are the fol4 lowing, in relative rank with officers of the Navy: 

5 ‘‘(1) Vice admiral. 

6 ‘‘(2) Rear admiral. 

7 ‘‘(3) Rear admiral (lower half). 

8 ‘‘(4) Captain. 

9 ‘‘(5) Commander. 

10 ‘‘(6) Lieutenant commander. 

11 ‘‘(7) Lieutenant. 

12 ‘‘(8) Lieutenant (junior grade). 

13 ‘‘(9) Ensign. 

14 ‘‘(b) PROPORTION.— 

15 ‘‘(1) IN GENERAL.—The officers on the lineal 

16 list shall be distributed in grade in the following per17 centages: 

18 ‘‘(A) 8 in the grade of captain. 

19 ‘‘(B) 14 in the grade of commander. 

20 ‘‘(C) 19 in the grade of lieutenant com21 mander. 

22 ‘‘(2) GRADES BELOW LIEUTENANT COM23 MANDER.—The Secretary shall prescribe, with re24 spect to the distribution on the lineal list in grade, 

25 the percentages applicable to the grades of lieuten26 ant, lieutenant (junior grade), and ensign. 
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1 ‘‘(c) ANNUAL COMPUTATION OF NUMBER IN

2 GRADE.— 

3 ‘‘(1) IN GENERAL.—Not less frequently than 

4 once each year, the Secretary shall make a computa5 tion to determine the number of officers on the lin6 eal list authorized to be serving in each grade. 

7 ‘‘(2) METHOD OF COMPUTATION.—The number 

8 in each grade shall be computed by applying the ap9 plicable percentage to the total number of such offi10 cers serving on active duty on the date the computa11 tion is made. 

12 ‘‘(3) FRACTIONS.—If a final fraction occurs in 

13 computing the authorized number of officers in a 

14 grade, the nearest whole number shall be taken. If 

the fraction is 1 15 ⁄2, the next higher whole number 

16 shall be taken. 

17 ‘‘(d) TEMPORARY INCREASE IN NUMBERS.—The 

18 total number of officers authorized by law to be on the 

19 lineal list during a fiscal year may be temporarily exceeded 

20 if the average number on that list during that fiscal year 

21 does not exceed the authorized number. 

22 ‘‘(e) POSITIONS OF IMPORTANCE AND RESPONSI23 BILITY.—Officers serving in positions designated under 

24 section 228(a) and officers recalled from retired status 

25 shall not be counted when computing authorized strengths 
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1 under subsection (c) and shall not count against those 

2 strengths. 

3 ‘‘(f) PRESERVATION OF GRADE AND PAY.—No offi4 cer may be reduced in grade or pay or separated from 

5 the commissioned officer corps of the Administration as 

6 the result of a computation made to determine the author7 ized number of officers in the various grades.’’. 

8 SEC. 3. EXCLUSION OF OFFICERS RECALLED FROM RE9 TIRED STATUS AND POSITIONS OF IMPOR10 TANCE AND RESPONSIBILITY FROM NUMBER 

11 OF AUTHORIZED COMMISSIONED OFFICERS. 

12 Section 215 of the National Oceanic and Atmospheric 

13 Administration Commissioned Officer Corps Act of 2002 

14 (33 U.S.C. 3005) is amended— 

15 (1) in the matter before paragraph (1), by 

16 striking ‘‘Effective’’ and inserting the following: 

17 ‘‘(a) IN GENERAL.—Effective’’; and 

18 (2) by adding at the end the following new sub19 section: 

20 ‘‘(b) POSITIONS OF IMPORTANCE AND RESPONSI21 BILITY.—Officers serving in positions designated under 

22 section 228 and officers recalled from retired status— 

23 ‘‘(1) may not be counted in determining the 

24 total number of authorized officers on the lineal list 

25 under this section; and 
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1 ‘‘(2) may not count against such number.’’. 

2 SEC. 4. OBLIGATED SERVICE REQUIREMENT. 

3 (a) IN GENERAL.—Subtitle A of title II of the Na4 tional Oceanic and Atmospheric Administration Commis5 sioned Officer Corps Act of 2002 (33 U.S.C. 3001 et seq.) 

6 is amended by adding at the end the following: 

7 ‘‘SEC. 216. OBLIGATED SERVICE REQUIREMENT. 

8 ‘‘(a) IN GENERAL.— 

9 ‘‘(1) RULEMAKING.—The Secretary shall pre10 scribe the obligated service requirements for appoint11 ments, training, promotions, separations, continu12 ations, and retirement of officers not otherwise cov13 ered by law. 

14 ‘‘(2) WRITTEN AGREEMENTS.—The Secretary 

15 and officers shall enter into written agreements that 

16 describe the officers’ obligated service requirements 

17 prescribed under paragraph (1) in return for such 

18 appointments, training, promotions, separations, and 

19 retirements as the Secretary considers appropriate. 

20 ‘‘(b) REPAYMENT FOR FAILURE TO SATISFY RE21 QUIREMENTS.— 

22 ‘‘(1) IN GENERAL.—The Secretary may require 

23 an officer who fails to meet the service requirements 

24 prescribed under subsection (a)(1) to reimburse the 

25 Secretary in an amount that bears the same ratio to 
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1 the total costs of the training provided to that offi2 cer by the Secretary as the unserved portion of ac3 tive duty bears to the total period of active duty the 

4 officer agreed to serve. 

5 ‘‘(2) OBLIGATION AS DEBT TO UNITED

6 STATES.—An obligation to reimburse the Secretary 

7 under paragraph (1) shall be considered for all pur8 poses as a debt owed to the United States. 

9 ‘‘(3) DISCHARGE IN BANKRUPTCY.—A dis10 charge in bankruptcy under title 11 that is entered 

11 less than 5 years after the termination of a written 

12 agreement entered into under subsection (a)(2) does 

13 not discharge the individual signing the agreement 

14 from a debt arising under such agreement. 

15 ‘‘(c) WAIVER OR SUSPENSION OF COMPLIANCE.— 

16 The Secretary may waive the service obligation of an offi17 cer who— 

18 ‘‘(1) becomes unqualified to serve on active 

19 duty in the commissioned officer corps of the Ad20 ministration because of a circumstance not within 

21 the control of that officer; or 

22 ‘‘(2) is— 

23 ‘‘(A) not physically qualified for appoint24 ment; and 
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1 ‘‘(B) determined to be unqualified for serv2 ice in the commissioned officer corps of the Ad3 ministration because of a physical or medical 

4 condition that was not the result of the officer’s 

5 own misconduct or grossly negligent conduct.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections 

7 in section 1 of the Act entitled ‘‘An Act to authorize the 

8 Hydrographic Service Improvement Act of 1998, and for 

9 other purposes’’ (Public Law 107–372) is amended by in10 serting after the item relating to section 215 the following: 

‘‘Sec. 216. Obligated service requirement.’’. 

11 SEC. 5. TRAINING AND PHYSICAL FITNESS. 

12 (a) IN GENERAL.—Subtitle A of title II of the Na13 tional Oceanic and Atmospheric Administration Commis14 sioned Officer Corps Act of 2002 (33 U.S.C. 3001 et seq.), 

15 as amended by section 4(a), is further amended by adding 

16 at the end the following: 

17 ‘‘SEC. 217. TRAINING AND PHYSICAL FITNESS. 

18 ‘‘(a) TRAINING.—The Secretary may take such meas19 ures as may be necessary to ensure that officers are pre20 pared to carry out their duties in the commissioned officer 

21 corps of the Administration and proficient in the skills 

22 necessary to carry out such duties. Such measures may 

23 include the following: 

24 ‘‘(1) Carrying out training programs and cor25 respondence courses, including establishing and op-
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1 erating a basic officer training program to provide 

2 initial indoctrination and maritime vocational train3 ing for officer candidates as well as refresher train4 ing, mid-career training, aviation training, and such 

5 other training as the Secretary considers necessary 

6 for officer development and proficiency. 

7 ‘‘(2) Providing officers and officer candidates 

8 with books and school supplies. 

9 ‘‘(3) Acquiring such equipment as may be nec10 essary for training and instructional purposes. 

11 ‘‘(b) PHYSICAL FITNESS.—The Secretary shall en12 sure that officers maintain a high physical state of readi13 ness in preparation for functioning as a service in the 

14 Navy during times of war, including by establishing stand15 ards of physical fitness for officers that are substantially 

16 equivalent to those prescribed for officers in the Navy.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 in section 1 of the Act entitled ‘‘An Act to authorize the 

19 Hydrographic Service Improvement Act of 1998, and for 

20 other purposes’’ (Public Law 107–372), as amended by 

21 section 4(b), is further amended by inserting after the 

22 item relating to section 216, as added by such section 

23 4(b), the following: 

‘‘Sec. 217. Training and physical fitness.’’. 

24 SEC. 6. APPOINTMENTS. 

25 (a) ORIGINAL APPOINTMENTS.— 
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1 (1) IN GENERAL.—Section 221 of the National 

2 Oceanic and Atmospheric Administration Commis3 sioned Officer Corps Act of 2002 (33 U.S.C. 3021) 

4 is amended to read as follows: 

5 ‘‘SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINT6 MENTS. 

7 ‘‘(a) ORIGINAL APPOINTMENTS.— 

8 ‘‘(1) GRADES.— 

9 ‘‘(A) IN GENERAL.—Except as provided in 

10 subparagraph (B), an original appointment of 

11 an officer may be made in such grades as may 

12 be appropriate for— 

13 ‘‘(i) the qualification, experience, and 

14 length of service of the appointee; and 

15 ‘‘(ii) the commissioned officer corps of 

16 the Administration. 

17 ‘‘(B) APPOINTMENT OF OFFICER CAN18 DIDATES.— 

19 ‘‘(i) LIMITATION ON GRADE.—An 

20 original appointment of an officer can21 didate, upon graduation from the basic of22 ficer training program of the commissioned 

23 officer corps of the Administration, may 

24 not be made in any other grade than en25 sign. 
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1 ‘‘(ii) RANK.—Officer candidates re2 ceiving appointments as ensigns upon 

3 graduation from basic officer training pro4 gram shall take rank according to their 

5 proficiency as shown by the order of their 

6 merit at date of graduation. 

7 ‘‘(2) SOURCE OF APPOINTMENTS.—An original 

8 appointment may be made from among the fol9 lowing: 

10 ‘‘(A) Graduates of the basic officer train11 ing program of the commissioned officer corps 

12 of the Administration. 

13 ‘‘(B) Graduates of the military service 

14 academies of the United States who otherwise 

15 meet the academic standards for enrollment in 

16 the training program described in subparagraph 

17 (A). 

18 ‘‘(C) Licensed officers of the United States 

19 merchant marine who have served 2 or more 

20 years aboard a vessel of the United States in 

21 the capacity of a licensed officer, who otherwise 

22 meet the academic standards for enrollment in 

23 the training program described in subparagraph 

24 (A). 
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1 ‘‘(3) MILITARY SERVICE ACADEMIES OF THE

2 UNITED STATES DEFINED.—In this subsection, the 

3 term ‘military service academies of the United 

4 States’ means the following: 

5 ‘‘(A) The United States Military Academy, 

6 West Point, New York. 

7 ‘‘(B) The United States Naval Academy, 

8 Annapolis, Maryland. 

9 ‘‘(C) The United States Air Force Acad10 emy, Colorado Springs, Colorado. 

11 ‘‘(D) The United States Coast Guard 

12 Academy, New London, Connecticut. 

13 ‘‘(E) The United States Merchant Marine 

14 Academy, Kings Point, New York. 

15 ‘‘(b) REAPPOINTMENT.— 

16 ‘‘(1) IN GENERAL.—Except as provided in para17 graph (2), an individual who previously served in the 

18 commissioned officer corps of the Administration 

19 may be appointed by the Secretary to the grade the 

20 individual held prior to separation. 

21 ‘‘(2) REAPPOINTMENTS TO HIGHER GRADES.— 

22 An appointment under paragraph (1) to a position 

23 of importance and responsibility designated under 

24 section 228 may only be made by the President. 
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1 ‘‘(c) QUALIFICATIONS.—An appointment under sub2 section (a) or (b) may not be given to an individual until 

3 the individual’s mental, moral, physical, and professional 

4 fitness to perform the duties of an officer has been estab5 lished under such regulations as the Secretary shall pre6 scribe. 

7 ‘‘(d) PRECEDENCE OF APPOINTEES.—Appointees 

8 under this section shall take precedence in the grade to 

9 which appointed in accordance with the dates of their com10 missions as commissioned officers in such grade. Ap11 pointees whose dates of commission are the same shall 

12 take precedence with each other as the Secretary shall de13 termine. 

14 ‘‘(e) INTER-SERVICE TRANSFERS.—For inter-service 

15 transfers (as described in the Department of Defense Di16 rective 1300.4 (dated December 27, 2006)) the Secretary 

17 shall— 

18 ‘‘(1) coordinate with the Secretary of Defense 

19 and the Secretary of the Department in which the 

20 Coast Guard is operating to promote and streamline 

21 inter-service transfers; 

22 ‘‘(2) give preference to such inter-service trans23 fers for recruitment purposes as determined appro24 priate by the Secretary; and 
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1 ‘‘(3) reappoint such inter-service transfers to 

2 the equivalent grade in the commissioned officer 

3 corps.’’. 

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions in section 1 of the Act entitled ‘‘An Act to au6 thorize the Hydrographic Service Improvement Act 

7 of 1998, and for other purposes’’ (Public Law 107– 

8 372) is amended by striking the item relating to sec9 tion 221 and inserting the following: 

‘‘Sec. 221. Original appointments and reappointments.’’. 

10 SEC. 7. PERSONNEL BOARDS. 

11 Section 222 of the National Oceanic and Atmospheric 

12 Administration Commissioned Officer Corps Act of 2002 

13 (33 U.S.C. 3022) is amended to read as follows: 

14 ‘‘SEC. 222. PERSONNEL BOARDS. 

15 ‘‘(a) CONVENING.—Not less frequently than once 

16 each year and at such other times as the Secretary deter17 mines necessary, the Secretary shall convene a personnel 

18 board. 

19 ‘‘(b) MEMBERSHIP.— 

20 ‘‘(1) IN GENERAL.—A board convened under 

21 subsection (a) shall consist of 5 or more officers who 

22 are serving in or above the permanent grade of the 

23 officers under consideration by the board. 
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1 ‘‘(2) RETIRED OFFICERS.—Officers on the re2 tired list may be recalled to serve on such personnel 

3 boards as the Secretary considers necessary. 

4 ‘‘(3) NO MEMBERSHIP ON 2 SUCCESSIVE

5 BOARDS.—No officer may be a member of 2 succes6 sive personnel boards convened to consider officers 

7 of the same grade for promotion or separation. 

8 ‘‘(c) DUTIES.—Each personnel board shall— 

9 ‘‘(1) recommend to the Secretary such changes 

10 as may be necessary to correct any erroneous posi11 tion on the lineal list that was caused by administra12 tive error; and 

13 ‘‘(2) make selections and recommendations to 

14 the Secretary and the President for the appoint15 ment, promotion, involuntary separation, continu16 ation, and involuntary retirement of officers in the 

17 commissioned officer corps of the Administration as 

18 prescribed in this title. 

19 ‘‘(d) ACTION ON RECOMMENDATIONS NOT ACCEPT20 ABLE.—If any recommendation by a board convened 

21 under subsection (a) is not accepted by the Secretary or 

22 the President, the board shall make such further rec23 ommendations as the Secretary or the President consider 

24 appropriate.’’. 
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1 SEC. 8. TEMPORARY APPOINTMENTS. 

2 Section 229 of the National Oceanic and Atmospheric 

3 Administration Commissioned Officer Corps Act of 2002 

4 (33 U.S.C. 3029) is amended to read as follows: 

5 ‘‘SEC. 229. TEMPORARY APPOINTMENTS. 

6 ‘‘(a) APPOINTMENTS BY PRESIDENT.—Temporary 

7 appointments in the grade of ensign, lieutenant junior 

8 grade, or lieutenant may be made by the President. 

9 ‘‘(b) TERMINATION.—A temporary appointment to a 

10 position under subsection (a) shall terminate upon ap11 proval of a permanent appointment for such position made 

12 by the President. 

13 ‘‘(c) ORDER OF PRECEDENCE.—Appointees under 

14 subsection (a) shall take precedence in the grade to which 

15 appointed in accordance with the dates of their appoint16 ments as officers in such grade. The order of precedence 

17 of appointees who are appointed on the same date shall 

18 be determined by the Secretary. 

19 ‘‘(d) ANY ONE GRADE.—When determined by the 

20 Secretary to be in the best interest of the commissioned 

21 officer corps, officers in any permanent grade may be tem22 porarily promoted one grade by the President. Any such 

23 temporary promotion terminates upon the transfer of the 

24 officer to a new assignment.’’. 
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1 SEC. 9. OFFICER CANDIDATES. 

2 (a) IN GENERAL.—Subtitle B of title II of the Na3 tional Oceanic and Atmospheric Administration Commis4 sioned Officer Corps Act of 2002 (33 U.S.C. 3021 et seq.) 

5 is amended by adding at the end the following: 

6 ‘‘SEC. 234. OFFICER CANDIDATES. 

7 ‘‘(a) DETERMINATION OF NUMBER.—The Secretary 

8 shall determine the number of appointments of officer can9 didates. 

10 ‘‘(b) APPOINTMENT.—Appointment of officer can11 didates shall be made under regulations which the Sec12 retary shall prescribe, including regulations with respect 

13 to determining age limits, methods of selection of officer 

14 candidates, term of service as an officer candidate before 

15 graduation from the program, and all other matters af16 fecting such appointment. 

17 ‘‘(c) DISMISSAL.—The Secretary may dismiss from 

18 the basic officer training program of the Administration 

19 any officer candidate who, during the officer candidate’s 

20 term as an officer candidate, the Secretary considers un21 satisfactory in either academics or conduct, or not adapted 

22 for a career in the commissioned officer corps of the Ad23 ministration. Officer candidates shall be subject to rules 

24 governing discipline prescribed by the Director of the Na25 tional Oceanic and Atmospheric Administration Commis26 sioned Officer Corps. 
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1 ‘‘(d) AGREEMENT.— 

2 ‘‘(1) IN GENERAL.—Each officer candidate 

3 shall sign an agreement with the Secretary in ac4 cordance with section 216(a)(2) regarding the officer 

5 candidate’s term of service in the commissioned offi6 cer corps of the Administration. 

7 ‘‘(2) ELEMENTS.—An agreement signed by an 

8 officer candidate under paragraph (1) shall provide 

9 that the officer candidate agrees to the following: 

10 ‘‘(A) That the officer candidate will com11 plete the course of instruction at the basic offi12 cer training program of the Administration. 

13 ‘‘(B) That upon graduation from the such 

14 program, the officer candidate— 

15 ‘‘(i) will accept an appointment, if 

16 tendered, as an officer; and 

17 ‘‘(ii) will serve on active duty for at 

18 least 4 years immediately after such ap19 pointment. 

20 ‘‘(e) REGULATIONS.—The Secretary shall prescribe 

21 regulations to carry out this section. Such regulations 

22 shall include— 

23 ‘‘(1) standards for determining what constitutes 

24 a breach of an agreement signed under such sub25 section (d)(1); and 
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1 ‘‘(2) procedures for determining whether such a 

2 breach has occurred. 

3 ‘‘(f) REPAYMENT.—An officer candidate or former 

4 officer candidate who does not fulfill the terms of the obli5 gation to serve as specified under section (d) shall be sub6 ject to the repayment provisions of section 216(b).’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 in section 1 of the Act entitled ‘‘An Act to authorize the 

9 Hydrographic Service Improvement Act of 1998, and for 

10 other purposes’’ (Public Law 107–372) is amended by in11 serting after the item relating to section 233 the following: 

‘‘Sec. 234. Officer candidates.’’. 

12 (c) OFFICER CANDIDATE DEFINED.—Section 212 of 

13 the National Oceanic and Atmospheric Administration 

14 Commissioned Officer Corps Act of 2002 (33 U.S.C. 

15 3002) is amended— 

16 (1) by redesignating paragraphs (4) through 

17 (6) as paragraphs (5) through (7), respectively; and 

18 (2) by inserting after paragraph (3) the fol19 lowing: 

20 ‘‘(4) OFFICER CANDIDATE.—The term ‘officer 

21 candidate’ means an individual who is enrolled in the 

22 basic officer training program of the Administration 

23 and is under consideration for appointment as an of24 ficer under section 221(a)(2)(A).’’. 
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1 (d) PAY FOR OFFICER CANDIDATES.—Section 203 of 

2 title 37, United States Code, is amended by adding at the 

3 end the following: 

4 ‘‘(f)(1) An officer candidate enrolled in the basic offi5 cer training program of the commissioned officer corps of 

6 the National Oceanic and Atmospheric Administration is 

7 entitled, while participating in such program, to monthly 

8 officer candidate pay at monthly rate equal to the basic 

9 pay of an enlisted member in the pay grade E–5 with less 

10 than 2 years service. 

11 ‘‘(2) An individual who graduates from such program 

12 shall receive credit for the time spent participating in such 

13 program as if such time were time served while on active 

14 duty as a commissioned officer. If the individual does not 

15 graduate from such program, such time shall not be con16 sidered creditable for active duty or pay.’’. 

17 SEC. 10. INVOLUNTARY RETIREMENT OR SEPARATION. 

18 Section 241 of the National Oceanic and Atmospheric 

19 Administration Commissioned Officer Corps Act of 2002 

20 (33 U.S.C. 3041) is amended by adding at the end the 

21 following: 

22 ‘‘(d) DEFERMENT OF RETIREMENT OR SEPARATION

23 FOR MEDICAL REASONS.— 

24 ‘‘(1) IN GENERAL.—If the Secretary determines 

25 that the evaluation of the medical condition of an of-
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1 ficer requires hospitalization or medical observation 

2 that cannot be completed with confidence in a man3 ner consistent with the officer’s well being before the 

4 date on which the officer would otherwise be re5 quired to retire or be separated under this section, 

6 the Secretary may defer the retirement or separation 

7 of the officer. 

8 ‘‘(2) CONSENT REQUIRED.—A deferment may 

9 only be made with the written consent of the officer 

10 involved. If the officer does not provide written con11 sent to the deferment, the officer shall be retired or 

12 separated as scheduled. 

13 ‘‘(3) LIMITATION.—A deferral of retirement or 

14 separation under this subsection may not extend for 

15 more than 30 days after completion of the evalua16 tion requiring hospitalization or medical observa17 tion.’’. 

18 SEC. 11. SEPARATION PAY. 

19 Section 242 of the National Oceanic and Atmospheric 

20 Administration Commissioned Officer Corps Act of 2002 

21 (33 U.S.C. 3042) is amended by adding at the end the 

22 following: 

23 ‘‘(d) EXCEPTION.—An officer discharged for twice 

24 failing selection for promotion to the next higher grade 
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1 is not entitled to separation pay under this section if the 

2 officer— 

3 ‘‘(1) expresses a desire not to be selected for 

4 promotion; or 

5 ‘‘(2) requests removal from the list of select6 ees.’’. 

7 SEC. 12. APPLICABILITY OF CERTAIN PROVISIONS OF 

8 TITLE 10, UNITED STATES CODE. 

9 Section 261(a) of the National Oceanic and Atmos10 pheric Administration Commissioned Officer Corps Act of 

11 2002 (33 U.S.C. 3071(a)) is amended— 

12 (1) by redesignating paragraphs (13) through 

13 (16) as paragraphs (20) through (23), respectively; 

14 (2) by redesignating paragraphs (7) through 

15 (12) as paragraphs (12) through (17), respectively; 

16 (3) by redesignating paragraphs (4) through 

17 (6) as paragraphs (8) through (10), respectively; 

18 (4) by inserting after paragraph (3) the fol19 lowing: 

20 ‘‘(4) Section 771, relating to unauthorized 

21 wearing of uniforms. 

22 ‘‘(5) Section 774, relating to wearing religious 

23 apparel while in uniform. 

24 ‘‘(6) Section 982, relating to service on State 

25 and local juries. 
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1 ‘‘(7) Section 1031, relating to administration of 

2 oaths.’’; 

3 (5) by inserting after paragraph (10), as redes4 ignated, the following: 

5 ‘‘(11) Chapter 58, relating to the Benefits and 

6 Services for members being separated or recently 

7 separated.’’; and 

8 (6) by inserting after paragraph (17), as redes9 ignated, the following: 

10 ‘‘(18) Subchapter I of chapter 88, relating to 

11 Military Family Programs. 

12 ‘‘(19) Section 2005, relating to advanced edu13 cation assistance, active duty agreements, and reim14 bursement requirements.’’. 

15 SEC. 13. EDUCATION LOAN REPAYMENT PROGRAM. 

16 (a) IN GENERAL.—Subtitle E of title II of the Na17 tional Oceanic and Atmospheric Administration Commis18 sioned Officer Corps Act of 2002 (33 U.S.C. 3071 et seq.) 

19 is amended by adding at the end the following: 

20 ‘‘SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM. 

21 ‘‘(a) AUTHORITY TO REPAY EDUCATION LOANS.— 

22 For the purpose of maintaining adequate numbers of offi23 cers of the commissioned officer corps of the Administra24 tion on active duty who have skills required by the com-
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1 missioned officer corps, the Secretary may repay, in the 

2 case of a person described in subsection (b), a loan that— 

3 ‘‘(1) was used by the person to finance edu4 cation; and 

5 ‘‘(2) was obtained from a governmental entity, 

6 private financial institution, educational institution, 

7 or other authorized entity. 

8 ‘‘(b) ELIGIBLE PERSONS.—To be eligible to obtain 

9 a loan repayment under this section, a person must— 

10 ‘‘(1) satisfy 1 of the requirements specified in 

11 subsection (c); 

12 ‘‘(2) be fully qualified for, or hold, an appoint13 ment as a commissioned officer in the commissioned 

14 officer corps of the Administration; and 

15 ‘‘(3) sign a written agreement to serve on active 

16 duty, or, if on active duty, to remain on active duty 

17 for a period in addition to any other incurred active 

18 duty obligation. 

19 ‘‘(c) ACADEMIC AND PROFESSIONAL REQUIRE20 MENTS.—One of the following academic requirements 

21 must be satisfied for purposes of determining the eligi22 bility of an individual for a loan repayment under this sec23 tion: 

24 ‘‘(1) The person is fully qualified in a profes25 sion that the Secretary has determined to be nec-
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1 essary to meet identified skill shortages in the com2 missioned officer corps. 

3 ‘‘(2) The person is enrolled as a full-time stu4 dent in the final year of a course of study at an ac5 credited educational institution (as determined by 

6 the Secretary of Education) leading to a degree in 

7 a profession that will meet identified skill shortages 

8 in the commissioned officer corps. 

9 ‘‘(d) LOAN REPAYMENTS.— 

10 ‘‘(1) IN GENERAL.—Subject to the limits estab11 lished under paragraph (2), a loan repayment under 

12 this section may consist of the payment of the prin13 cipal, interest, and related expenses of a loan ob14 tained by a person described in subsection (b). 

15 ‘‘(2) LIMITATION ON AMOUNT.—For each year 

16 of obligated service that a person agrees to serve in 

17 an agreement described in subsection (b)(3), the 

18 Secretary may pay not more than the amount speci19 fied in section 2173(e)(2) of title 10, United States 

20 Code. 

21 ‘‘(e) ACTIVE DUTY SERVICE OBLIGATION.— 

22 ‘‘(1) IN GENERAL.—A person entering into an 

23 agreement described in subsection (b)(3) incurs an 

24 active duty service obligation. 
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1 ‘‘(2) LENGTH OF OBLIGATION DETERMINED

2 UNDER REGULATIONS.— 

3 ‘‘(A) IN GENERAL.—Except as provided in 

4 subparagraph (B), the length of the obligation 

5 under paragraph (1) shall be determined under 

6 regulations prescribed by the Secretary. 

7 ‘‘(B) MINIMUM OBLIGATION.—The regula8 tions prescribed under subparagraph (A) may 

9 not provide for a period of obligation of less 

10 than 1 year for each maximum annual amount, 

11 or portion thereof, paid on behalf of the person 

12 for qualified loans. 

13 ‘‘(3) PERSONS ON ACTIVE DUTY BEFORE EN14 TERING INTO AGREEMENT.—The active duty service 

15 obligation of persons on active duty before entering 

16 into the agreement shall be served after the conclu17 sion of any other obligation incurred under the 

18 agreement. 

19 ‘‘(f) EFFECT OF FAILURE TO COMPLETE OBLIGA20 TION.— 

21 ‘‘(1) ALTERNATIVE OBLIGATIONS.—An officer 

22 who is relieved of the officer’s active duty obligation 

23 under this section before the completion of that obli24 gation may be given any alternative obligation, at 

25 the discretion of the Secretary. 
27 

†S 2388 ES

1 ‘‘(2) REPAYMENT.—An officer who does not 

2 complete the period of active duty specified in the 

3 agreement entered into under subsection (b)(3), or 

4 the alternative obligation imposed under paragraph 

5 (1), shall be subject to the repayment provisions 

6 under section 216. 

7 ‘‘(g) RULEMAKING.—The Secretary shall prescribe 

8 regulations to carry out this section, including— 

9 ‘‘(1) standards for qualified loans and author10 ized payees; and 

11 ‘‘(2) other terms and conditions for the making 

12 of loan repayments.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 in section 1 of the Act entitled ‘‘An Act to authorize the 

15 Hydrographic Service Improvement Act of 1998, and for 

16 other purposes’’ (Public Law 107–372) is amended by in17 serting after the item relating to section 266 the following: 

‘‘Sec. 267. Education loan repayment program.’’. 

18 SEC. 14. INTEREST PAYMENT PROGRAM. 

19 (a) IN GENERAL.—Subtitle E of title II of the Na20 tional Oceanic and Atmospheric Administration Commis21 sioned Officer Corps Act of 2002 (33 U.S.C. 3071 et seq.), 

22 as amended by section 13, is further amended by adding 

23 at the end the following: 
28 

†S 2388 ES

1 ‘‘SEC. 268. INTEREST PAYMENT PROGRAM. 

2 ‘‘(a) AUTHORITY.—The Secretary may pay the inter3 est and any special allowances that accrue on 1 or more 

4 student loans of an eligible officer, in accordance with this 

5 section. 

6 ‘‘(b) ELIGIBLE OFFICERS.—An officer is eligible for 

7 the benefit described in subsection (a) while the officer— 

8 ‘‘(1) is serving on active duty; 

9 ‘‘(2) has not completed more than 3 years of 

10 service on active duty; 

11 ‘‘(3) is the debtor on 1 or more unpaid loans 

12 described in subsection (c); and 

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

14 ‘‘(c) STUDENT LOANS.—The authority to make pay15 ments under subsection (a) may be exercised with respect 

16 to the following loans: 

17 ‘‘(1) A loan made, insured, or guaranteed under 

18 part B of title IV of the Higher Education Act of 

19 1965 (20 U.S.C. 1071 et seq.). 

20 ‘‘(2) A loan made under part D of such title 

21 (20 U.S.C. 1087a et seq.). 

22 ‘‘(3) A loan made under part E of such title 

23 (20 U.S.C. 1087aa et seq.). 

24 ‘‘(d) MAXIMUM BENEFIT.—Interest and any special 

25 allowance may be paid on behalf of an officer under this 
29 

†S 2388 ES

1 section for any of the 36 consecutive months during which 

2 the officer is eligible under subsection (b). 

3 ‘‘(e) FUNDS FOR PAYMENTS.—The Secretary may 

4 use amounts appropriated for the pay and allowances of 

5 personnel of the commissioned officer corps of the Admin6 istration for payments under this section. 

7 ‘‘(f) COORDINATION WITH SECRETARY OF EDU8 CATION.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall consult 

10 with the Secretary of Education regarding the ad11 ministration of this section. 

12 ‘‘(2) TRANSFER OF FUNDS.—The Secretary 

13 shall transfer to the Secretary of Education the 

14 funds necessary— 

15 ‘‘(A) to pay interest and special allowances 

16 on student loans under this section (in accord17 ance with sections 428(o), 455(l), and 464(j) of 

18 the Higher Education Act of 1965 (20 U.S.C. 

19 1078(o), 1087e(l), and 1087dd(j)); and 

20 ‘‘(B) to reimburse the Secretary of Edu21 cation for any reasonable administrative costs 

22 incurred by the Secretary in coordinating the 

23 program under this section with the administra24 tion of the student loan programs under parts 

25 B, D, and E of title IV of the Higher Edu-
30 

†S 2388 ES

1 cation Act of 1965 (20 U.S.C. 1071 et seq., 

2 1087a et seq., 1087aa et seq.). 

3 ‘‘(g) SPECIAL ALLOWANCE DEFINED.—In this sec4 tion, the term ‘special allowance’ means a special allow5 ance that is payable under section 438 of the Higher Edu6 cation Act of 1965 (20 U.S.C. 1087–1).’’. 

7 (b) CONFORMING AMENDMENTS.— 

8 (1) Section 428(o) of the Higher Education Act 

9 of 1965 (20 U.S.C. 1078(o)) is amended— 

10 (A) by striking the subsection heading and 

11 inserting ‘‘ARMED FORCES AND NOAA COM12 MISSIONED OFFICER CORPS STUDENT LOAN

13 INTEREST PAYMENT PROGRAMS’’; and 

14 (B) in paragraph (1)— 

15 (i) by inserting ‘‘or section 264 of the 

16 National Oceanic and Atmospheric Admin17 istration Commissioned Officer Corps Act 

18 of 2002’’ after ‘‘Code,’’; and 

19 (ii) by inserting ‘‘or an officer in the 

20 commissioned officer corps of the National 

21 Oceanic and Atmospheric Administration, 

22 respectively,’’ after ‘‘Armed Forces’’. 

23 (2) Sections 455(l) and 464(j) of the Higher 

24 Education Act of 1965 (20 U.S.C. 1087e(l) and 

25 1087dd(j)) are each amended— 
31 

†S 2388 ES

1 (A) by striking the subsection heading and 

2 inserting ‘‘ARMED FORCES AND NOAA COM3 MISSIONED OFFICER CORPS STUDENT LOAN

4 INTEREST PAYMENT PROGRAMS’’; and 

5 (B) in paragraph (1)— 

6 (i) by inserting ‘‘or section 264 of the 

7 National Oceanic and Atmospheric Admin8 istration Commissioned Officer Corps Act 

9 of 2002’’ after ‘‘Code,’’; and 

10 (ii) by inserting ‘‘or an officer in the 

11 commissioned officer corps of the National 

12 Oceanic and Atmospheric Administration, 

13 respectively’’ after ‘‘Armed Forces’’. 

14 (c) CLERICAL AMENDMENT.—The table of sections 

15 in section 1 of the Act entitled ‘‘An Act to authorize the 

16 Hydrographic Service Improvement Act of 1998, and for 

17 other purposes’’ (Public Law 107–372), as amended by 

18 section 13(b), is further amended by inserting after the 

19 item relating to section 267, as added by such section 

20 13(b), the following: 

‘‘Sec. 268. Interest payment program.’’. 

21 SEC. 15. STUDENT PRE-COMMISSIONING EDUCATION AS22 SISTANCE PROGRAM. 

23 (a) IN GENERAL.—Subtitle E of title II of the Na24 tional Oceanic and Atmospheric Administration Commis25 sioned Officer Corps Act of 2002 (33 U.S.C. 3071 et seq.), 
32 

†S 2388 ES

1 as amended by sections 13 and 14, is further amended 

2 by adding at the end the following: 

3 ‘‘SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION AS4 SISTANCE PROGRAM. 

5 ‘‘(a) AUTHORITY TO PROVIDE FINANCIAL ASSIST6 ANCE.—For the purpose of maintaining adequate numbers 

7 of officers of the commissioned officer corps of the Admin8 istration on active duty, the Secretary may provide finan9 cial assistance to a person described in subsection (b) for 

10 expenses of the person while the person is pursuing on 

11 a full-time basis at an accredited educational institution 

12 (as determined by the Secretary of Education) a program 

13 of education approved by the Secretary that leads to— 

14 ‘‘(1) a baccalaureate degree in not more than 5 

15 academic years; or 

16 ‘‘(2) a postbaccalaureate degree. 

17 ‘‘(b) ELIGIBLE PERSONS.— 

18 ‘‘(1) IN GENERAL.—A person is eligible to ob19 tain financial assistance under subsection (a) if the 

20 person— 

21 ‘‘(A) is enrolled on a full-time basis in a 

22 program of education referred to in subsection 

23 (a) at any educational institution described in 

24 such subsection; 
33 

†S 2388 ES

1 ‘‘(B) meets all of the requirements for ac2 ceptance into the commissioned officer corps of 

3 the Administration except for the completion of 

4 a baccalaureate degree; and 

5 ‘‘(C) enters into a written agreement with 

6 the Secretary described in paragraph (2). 

7 ‘‘(2) AGREEMENT.—A written agreement re8 ferred to in paragraph (1)(C) is an agreement be9 tween the person and the Secretary in which the 

10 person agrees— 

11 ‘‘(A) to accept an appointment as an offi12 cer, if tendered; and 

13 ‘‘(B) upon completion of the person’s edu14 cational program, agrees to serve on active 

15 duty, immediately after appointment, for— 

16 ‘‘(i) up to 3 years if the person re17 ceived less than 3 years of assistance; and 

18 ‘‘(ii) up to 5 years if the person re19 ceived at least 3 years of assistance. 

20 ‘‘(c) QUALIFYING EXPENSES.—Expenses for which 

21 financial assistance may be provided under subsection (a) 

22 are the following: 

23 ‘‘(1) Tuition and fees charged by the edu24 cational institution involved. 

25 ‘‘(2) The cost of books. 
34 

†S 2388 ES

1 ‘‘(3) In the case of a program of education 

2 leading to a baccalaureate degree, laboratory ex3 penses. 

4 ‘‘(4) Such other expenses as the Secretary con5 siders appropriate. 

6 ‘‘(d) LIMITATION ON AMOUNT.—The Secretary shall 

7 prescribe the amount of financial assistance provided to 

8 a person under subsection (a), which may not exceed the 

9 amount specified in section 2173(e)(2) of title 10, United 

10 States Code, for each year of obligated service that a per11 son agrees to serve in an agreement described in sub12 section (b)(2). 

13 ‘‘(e) DURATION OF ASSISTANCE.—Financial assist14 ance may be provided to a person under subsection (a) 

15 for not more than 5 consecutive academic years. 

16 ‘‘(f) SUBSISTENCE ALLOWANCE.— 

17 ‘‘(1) IN GENERAL.—A person who receives fi18 nancial assistance under subsection (a) shall be enti19 tled to a monthly subsistence allowance at a rate 

20 prescribed under paragraph (2) for the duration of 

21 the period for which the person receives such finan22 cial assistance. 

23 ‘‘(2) DETERMINATION OF AMOUNT.—The Sec24 retary shall prescribe monthly rates for subsistence 

25 allowance provided under paragraph (1), which shall 
35 

†S 2388 ES

1 be equal to the amount specified in section 2144(a) 

2 of title 10, United States Code. 

3 ‘‘(g) INITIAL CLOTHING ALLOWANCE.— 

4 ‘‘(1) TRAINING.—The Secretary may prescribe 

5 a sum which shall be credited to each person who re6 ceives financial assistance under subsection (a) to 

7 cover the cost of the person’s initial clothing and 

8 equipment issue. 

9 ‘‘(2) APPOINTMENT.—Upon completion of the 

10 program of education for which a person receives fi11 nancial assistance under subsection (a) and accept12 ance of appointment in the commissioned officer 

13 corps of the Administration, the person may be 

14 issued a subsequent clothing allowance equivalent to 

15 that normally provided to a newly appointed officer. 

16 ‘‘(h) TERMINATION OF FINANCIAL ASSISTANCE.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall termi18 nate the assistance provided to a person under this 

19 section if— 

20 ‘‘(A) the Secretary accepts a request by 

21 the person to be released from an agreement 

22 described in subsection (b)(2); 

23 ‘‘(B) the misconduct of the person results 

24 in a failure to complete the period of active 

25 duty required under the agreement; or 
36 

†S 2388 ES

1 ‘‘(C) the person fails to fulfill any term or 

2 condition of the agreement. 

3 ‘‘(2) REIMBURSEMENT.—The Secretary may re4 quire a person who receives assistance described in 

5 subsection (c), (f), or (g) under an agreement en6 tered into under subsection (b)(1)(C) to reimburse 

7 the Secretary in an amount that bears the same 

8 ratio to the total costs of the assistance provided to 

9 that person as the unserved portion of active duty 

10 bears to the total period of active duty the officer 

11 agreed to serve under the agreement. 

12 ‘‘(3) WAIVER.—The Secretary may waive the 

13 service obligation of a person through an agreement 

14 entered into under subsection (b)(1)(C) if the per15 son— 

16 ‘‘(A) becomes unqualified to serve on active 

17 duty in the commissioned officer corps of the 

18 Administration because of a circumstance not 

19 within the control of that person; or 

20 ‘‘(B) is— 

21 ‘‘(i) not physically qualified for ap22 pointment; and 

23 ‘‘(ii) determined to be unqualified for 

24 service in the commissioned officer corps of 

25 the Administration because of a physical or 
37 

†S 2388 ES

1 medical condition that was not the result 

2 of the person’s own misconduct or grossly 

3 negligent conduct. 

4 ‘‘(4) OBLIGATION AS DEBT TO UNITED

5 STATES.—An obligation to reimburse the Secretary 

6 imposed under paragraph (2) is, for all purposes, a 

7 debt owed to the United States. 

8 ‘‘(5) DISCHARGE IN BANKRUPTCY.—A dis9 charge in bankruptcy under title 11, United States 

10 Code, that is entered less than 5 years after the ter11 mination of a written agreement entered into under 

12 subsection (b)(1)(C) does not discharge the person 

13 signing the agreement from a debt arising under 

14 such agreement or under paragraph (2). 

15 ‘‘(i) REGULATIONS.—The Secretary may promulgate 

16 such regulations and orders as the Secretary considers ap17 propriate to carry out this section.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 in section 1 of the Act entitled ‘‘An Act to authorize the 

20 Hydrographic Service Improvement Act of 1998, and for 

21 other purposes’’ (Public Law 107–372), as amended by 

22 section 14(c), is further amended by inserting after the 

23 item relating to section 268, as added by such section 

24 14(c), the following: 

‘‘Sec. 269. Student pre-commissioning education assistance program.’’. 
38 

†S 2388 ES

1 SEC. 16. LIMITATION ON EDUCATIONAL ASSISTANCE. 

2 (a) IN GENERAL.—Each fiscal year, beginning with 

3 fiscal year 2013, the Secretary of Commerce shall ensure 

4 that the total amount expended by the Secretary under 

5 section 267 of the National Oceanic and Atmospheric Ad6 ministration Commissioned Officer Corps Act of 2002 (as 

7 added by section 13(a)), section 268 of such Act (as added 

8 by section 14(a)), and section 269 of such Act (as added 

9 by section 15(a)) does not exceed the amount by which— 

10 (1) the total amount the Secretary would pay in 

11 that fiscal year to officer candidates under section 

12 203(f)(1) of title 37, United States Code (as added 

13 by section 9(d)), if such section entitled officers can14 didates to pay at monthly rates equal to the basic 

15 pay of a commissioned officer in the pay grade O– 

16 1 with less than 2 years of service; exceeds 

17 (2) the total amount the Secretary actually 

18 pays in that fiscal year to officer candidates under 

19 section 203(f)(1) of such title (as so added). 

20 (b) OFFICER CANDIDATE DEFINED.—In this section, 

21 the term ‘‘officer candidate’’ has the meaning given the 

22 term in section 212 of such Act (as added by section 9(c)). 

23 SEC. 17. APPLICABILITY OF CERTAIN PROVISIONS OF 

24 TITLE 37, UNITED STATES CODE. 

25 (a) IN GENERAL.—Subtitle E of title II of the Na26 tional Oceanic and Atmospheric Administration Commis-
39 

†S 2388 ES

1 sioned Officer Corps Act of 2002 (33 U.S.C. 3071 et seq.), 

2 as amended by sections 13 through 15, is further amended 

3 by adding at the end the following: 

4 ‘‘SEC. 270. APPLICABILITY OF CERTAIN PROVISIONS OF 

5 TITLE 37, UNITED STATES CODE. 

6 ‘‘(a) PROVISIONS MADE APPLICABLE TO COMMIS7 SIONED OFFICER CORPS.—The provisions of law applica8 ble to the Armed Forces under the following provisions 

9 of title 37, United States Code, shall apply to the commis10 sioned officer corps of the Administration: 

11 ‘‘(1) Section 324, relating to accession bonuses 

12 for new officers in critical skills. 

13 ‘‘(2) Section 403(f)(3), relating to prescribing 

14 regulations defining the terms ‘field duty’ and ‘sea 

15 duty’. 

16 ‘‘(3) Section 403(l), relating to temporary con17 tinuation of housing allowance for dependents of 

18 members dying on active duty. 

19 ‘‘(4) Section 414(a)(2), relating to personal 

20 money allowance while serving as Director of the 

21 National Oceanic and Atmospheric Administration 

22 Commissioned Officer Corps. 

23 ‘‘(5) Section 428, relating to allowances for re24 cruiting expenses. 
40 

†S 2388 ES

1 ‘‘(6) Section 435, relating to allowances for fu2 neral honors duty. 

3 ‘‘(b) REFERENCES.—The authority vested by title 37, 

4 United States Code, in the ‘military departments’, ‘the 

5 Secretary concerned’, or ‘the Secretary of Defense’ with 

6 respect to the provisions of law referred to in subsection 

7 (a) shall be exercised, with respect to the commissioned 

8 officer corps of the Administration when the commissioned 

9 officer corps is not operating as a service in the Navy, 

10 by the Secretary of Commerce or the Secretary’s des11 ignee.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections 

13 in section 1 of the Act entitled ‘‘An Act to authorize the 

14 Hydrographic Service Improvement Act of 1998, and for 

15 other purposes’’ (Public Law 107–372), as amended by 

16 section 15(b), is further amended by inserting after the 

17 item relating to section 269, as added by such section 

18 15(b), the following: 

‘‘Sec. 270. Applicability of certain provisions of title 37, United States Code.’’. 

19 SEC. 18. APPLICATION OF CERTAIN PROVISIONS OF COM20 PETITIVE SERVICE LAW. 

21 Section 3304(f) of title 5, United States Code, is 

22 amended— 

23 (1) in paragraph (1), by inserting ‘‘and mem24 bers of the commissioned officer corps of the Na25 tional Oceanic and Atmospheric Administration (or 
41 

†S 2388 ES

1 its predecessor organization the Coast and Geodetic 

2 Survey) separated from such uniformed service’’ 

3 after ‘‘separated from the armed forces’’; 

4 (2) in paragraph (2), by striking ‘‘or veteran’’ 

5 and inserting ‘‘, veteran, or member’’; and 

6 (3) in paragraph (4), by inserting ‘‘and mem7 bers of the commissioned officer corps of the Na8 tional Oceanic and Atmospheric Administration (or 

9 its predecessor organization the Coast and Geodetic 

10 Survey) separated from such uniformed service’’ 

11 after ‘‘separated from the armed forces’’. 

12 SEC. 19. ELIGIBILITY OF ALL MEMBERS OF UNIFORMED 

13 SERVICES FOR LEGION OF MERIT AWARD. 

14 Section 1121 of title 10, United States Code, is 

15 amended by striking ‘‘armed forces’’ and inserting ‘‘uni16 formed services’’. 

17 SEC. 20. APPLICATION OF EMPLOYMENT AND REEMPLOY18 MENT RIGHTS OF MEMBERS OF THE UNI19 FORMED SERVICES TO MEMBERS OF COM20 MISSIONED OFFICER CORPS. 

21 Section 4303(16) of title 38, United States Code, is 

22 amended by inserting ‘‘the commissioned officer corps of 

23 the National Oceanic and Atmospheric Administration,’’ 

24 after ‘‘Public Health Service,’’. 
42 

†S 2388 ES

1 SEC. 21. PROTECTED COMMUNICATIONS FOR COMMIS2 SIONED OFFICER CORPS AND PROHIBITION 

3 OF RETALIATORY PERSONNEL ACTIONS. 

4 (a) IN GENERAL.—Subsection (a) of section 261 of 

5 the National Oceanic and Atmospheric Administration 

6 Commissioned Officer Corps Act of 2002 (33 U.S.C. 

7 3071(a)), as amended by section 12, is further amended— 

8 (1) by redesignating paragraphs (8) through 

9 (23) as paragraphs (9) through (24), respectively; 

10 and 

11 (2) by inserting after paragraph (7) the fol12 lowing: 

13 ‘‘(8) Section 1034, relating to protected com14 munications and prohibition of retaliatory personnel 

15 actions.’’. 

16 (b) CONFORMING AMENDMENT.—Subsection (b) of 

17 such section is amended by adding at the end the fol18 lowing: ‘‘For purposes of paragraph (8) of subsection (a), 

19 the term ‘Inspector General’ in section 1034 of such title 

20 10 shall mean the Inspector General of the Department 

21 of Commerce.’’. 

22 SEC. 22. CRIMINAL PENALTIES FOR WEARING UNIFORM 

23 WITHOUT AUTHORITY. 

24 Section 702 of title 18, United States Code, is 

25 amended by striking ‘‘Service or any’’ and inserting ‘‘Serv-
43 

†S 2388 ES

1 ice, the commissioned officer corps of the National Oce2 anic and Atmospheric Administration, or any’’. 

3 SEC. 23. TECHNICAL CORRECTION. 

4 Section 101(21)(C) of title 38, United States Code, 

5 is amended by inserting ‘‘in the commissioned officer 

6 corps’’ before ‘‘of the National’’. 

7 SEC. 24. REPORT. 

8 (a) IN GENERAL.—Not later than 90 days after the 

9 date of the enactment of this Act, the Secretary of Com10 merce shall submit to Congress a report evaluating the 

11 current status and projected needs of the commissioned 

12 officer corps of the National Oceanic and Atmospheric Ad13 ministration to operate sufficiently through fiscal year 

14 2017. 

15 (b) CONTENTS.—The report required by subsection 

16 (a) shall include the following: 

17 (1) The average annual attrition rate of officers 

18 in the commissioned officer corps of the National 

19 Oceanic and Atmospheric Administration. 

20 (2) An estimate of the number of annual re21 cruits that would reasonably be required to operate 

22 the commissioned officer corps sufficiently through 

23 fiscal year 2017. 

24 (3) The projected impact of this Act on annual 

25 recruitment numbers through fiscal year 2017. 
44 

†S 2388 ES

1 (4) Identification of areas of duplication or un2 necessary redundancy in current activities of the 

3 commissioned officer corps that could otherwise be 

4 streamlined or eliminated to save costs. 

5 (5) Such other matters as the Secretary con6 siders appropriate regarding the provisions of this 

7 Act and the amendments made by this Act. 

8 SEC. 25. EFFECTIVE DATE. 

9 Notwithstanding any other provision of this Act, sec10 tions 2 through 22 shall take effect on the date that is 

11 90 days after the date on which the Secretary of Com12 merce submits to Congress the report required by section 

13 25(a). 

Passed the Senate December 20, 2012. 

Attest: 

Secretary. 

112TH CONGRESS 

2D SESSION S. 2388 

AN ACT 

To reauthorize and amend the National Oceanic 

poses. Officer Corps Act of 2002, and for other purand Atmospheric Administration Commissioned