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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2388 Reported in Senate (RS)]

                                                       Calendar No. 551
112th CONGRESS
  2d Session
                                S. 2388

     To reauthorize and amend the National Oceanic and Atmospheric 
 Administration Commissioned Officer Corps Act of 2002, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 26, 2012

  Mr. Begich (for himself, Mr. Inouye, Ms. Snowe, Ms. Murkowski, Mr. 
 Whitehouse, and Mr. Rockefeller) introduced the following bill; which 
was read twice and referred to the Committee on Commerce, Science, and 
                             Transportation
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           November 14, 2012

             Reported by Mr. Rockefeller, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
     To reauthorize and amend the National Oceanic and Atmospheric 
 Administration Commissioned Officer Corps Act of 2002, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``National 
Oceanic and Atmospheric Administration Commissioned Officer Corps 
Amendments Act of 2012''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Strength and distribution in grade.
<DELETED>Sec. 3. Exclusion of officers recalled from retired status and 
                            positions of importance and responsibility 
                            from number of authorized commissioned 
                            officers.
<DELETED>Sec. 4. Obligated service requirement.
<DELETED>Sec. 5. Training and physical fitness.
<DELETED>Sec. 6. Appointments.
<DELETED>Sec. 7. Personnel boards.
<DELETED>Sec. 8. Temporary appointments.
<DELETED>Sec. 9. Officer candidates.
<DELETED>Sec. 10. Involuntary retirement or separation.
<DELETED>Sec. 11. Separation pay.
<DELETED>Sec. 12. Applicability of certain provisions of title 10, 
                            United States Code.
<DELETED>Sec. 13. Education loan repayment program.
<DELETED>Sec. 14. Interest payment program.
<DELETED>Sec. 15. Student pre-commissioning education assistance 
                            program.
<DELETED>Sec. 16. Applicability of certain provisions of title 37, 
                            United States Code.
<DELETED>Sec. 17. Application of certain provisions of competitive 
                            service law.
<DELETED>Sec. 18. Eligibility of all members of uniformed services for 
                            Legion of Merit award.
<DELETED>Sec. 19. Application of Employment and Reemployment Rights of 
                            Members of the Uniformed Services to 
                            members of commissioned officer corps.
<DELETED>Sec. 20. Protected communications for members of uniformed 
                            services and prohibition of retaliatory 
                            personnel actions.
<DELETED>Sec. 21. Criminal penalties for wearing uniform without 
                            authority.
<DELETED>Sec. 22. Report on status of officers in commissioned officer 
                            corps of National Oceanic and Atmospheric 
                            Administration and Public Health Service 
                            during Government shutdowns.
<DELETED>Sec. 23. Technical correction.

<DELETED>SEC. 2. STRENGTH AND DISTRIBUTION IN GRADE.</DELETED>

<DELETED>    Section 214 of the National Oceanic and Atmospheric 
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3004) 
is amended to read as follows:</DELETED>

<DELETED>``SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.</DELETED>

<DELETED>    ``(a) Grades.--The commissioned grades in the commissioned 
officer corps of the Administration are the following, in relative rank 
with officers of the Navy:</DELETED>
        <DELETED>    ``(1) Vice admiral.</DELETED>
        <DELETED>    ``(2) Rear admiral.</DELETED>
        <DELETED>    ``(3) Rear admiral (lower half).</DELETED>
        <DELETED>    ``(4) Captain.</DELETED>
        <DELETED>    ``(5) Commander.</DELETED>
        <DELETED>    ``(6) Lieutenant commander.</DELETED>
        <DELETED>    ``(7) Lieutenant.</DELETED>
        <DELETED>    ``(8) Lieutenant (junior grade).</DELETED>
        <DELETED>    ``(9) Ensign.</DELETED>
<DELETED>    ``(b) Proportion.--</DELETED>
        <DELETED>    ``(1) In general.--The officers on the lineal list 
        shall be distributed in grade in the following 
        percentages:</DELETED>
                <DELETED>    ``(A) 8 in the grade of captain.</DELETED>
                <DELETED>    ``(B) 14 in the grade of 
                commander.</DELETED>
                <DELETED>    ``(C) 19 in the grade of lieutenant 
                commander.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Annual Computation of Number in Grade.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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 
        </DELETED>\<DELETED>1/2</DELETED>\<DELETED>, the next higher 
        whole number shall be taken.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 3. EXCLUSION OF OFFICERS RECALLED FROM RETIRED STATUS AND 
              POSITIONS OF IMPORTANCE AND RESPONSIBILITY FROM NUMBER OF 
              AUTHORIZED COMMISSIONED OFFICERS.</DELETED>

<DELETED>    Section 215 of the National Oceanic and Atmospheric 
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3005) 
is amended--</DELETED>
        <DELETED>    (1) in the matter before paragraph (1), by 
        striking ``Effective'' and inserting the following:</DELETED>
<DELETED>    ``(a) In General.--Effective''; and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        subsection:</DELETED>
<DELETED>    ``(b) Positions of Importance and Responsibility.--
Officers serving in positions designated under section 228 and officers 
recalled from retired status--</DELETED>
        <DELETED>    ``(1) may not be counted in determining the total 
        number of authorized officers on the lineal list under this 
        section; and</DELETED>
        <DELETED>    ``(2) may not count against such 
        number.''.</DELETED>

<DELETED>SEC. 4. OBLIGATED SERVICE REQUIREMENT.</DELETED>

<DELETED>    (a) In General.--Subtitle A of the National Oceanic and 
Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 
U.S.C. 3001 et seq.) is amended by adding at the end the 
following:</DELETED>

<DELETED>``SEC. 216. OBLIGATED SERVICE REQUIREMENT.</DELETED>

<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Repayment for Failure To Satisfy Requirements.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Waiver or Suspension of Compliance.--The Secretary 
may waive the service obligation of an officer who--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) is--</DELETED>
                <DELETED>    ``(A) not physically qualified for 
                appointment; and</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections in section 
1 of the Act entitled ``An Act to authorize the Hydrographic Service 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372) 
is amended by inserting after the item relating to section 215 the 
following:</DELETED>

<DELETED>``Sec. 216. Obligated service requirement.''.

<DELETED>SEC. 5. TRAINING AND PHYSICAL FITNESS.</DELETED>

<DELETED>    (a) In General.--Subtitle A of title II of the National 
Oceanic and Atmospheric Administration Commissioned Officer Corps Act 
of 2002 (33 U.S.C. 3001 et seq.), as amended by section 5, is further 
amended by adding at the end the following:</DELETED>

<DELETED>``SEC. 217. TRAINING AND PHYSICAL FITNESS.</DELETED>

<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Providing officers and officer candidates 
        with books and school supplies.</DELETED>
        <DELETED>    ``(3) Acquiring such equipment as may be necessary 
        for training and instructional purposes.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections in section 
1 of the Act entitled ``An Act to authorize the Hydrographic Service 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372), 
as amended by section 5(b), is further amended by inserting after the 
item relating to section 216, as added by such section 5(b), the 
following:</DELETED>

<DELETED>``Sec. 217. Training and physical fitness.''.

<DELETED>SEC. 6. APPOINTMENTS.</DELETED>

<DELETED>    (a) Original Appointments.--</DELETED>
        <DELETED>    (1) In general.--Section 221 of the National 
        Oceanic and Atmospheric Administration Commissioned Officer 
        Corps Act of 2002 (33 U.S.C. 3021) is amended to read as 
        follows:</DELETED>

<DELETED>``SEC. 221. ORIGINAL APPOINTMENTS AND 
              REAPPOINTMENTS.</DELETED>

<DELETED>    ``(a) Original Appointments.--</DELETED>
        <DELETED>    ``(1) Grades.--</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(i) the qualification, 
                        experience, and length of service of the 
                        appointee; and</DELETED>
                        <DELETED>    ``(ii) the commissioned officer 
                        corps of the Administration.</DELETED>
                <DELETED>    ``(B) Appointment of officer candidates.--
                </DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Source of appointments.--An original 
        appointment may be made from among the following:</DELETED>
                <DELETED>    ``(A) Graduates of the basic officer 
                training program of the commissioned officer corps of 
                the Administration.</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(3) Military service academies of the united 
        states defined.--In this subsection, the term `military service 
        academies of the United States' means the following:</DELETED>
                <DELETED>    ``(A) The United States Military Academy, 
                West Point, New York.</DELETED>
                <DELETED>    ``(B) The United States Naval Academy, 
                Annapolis, Maryland.</DELETED>
                <DELETED>    ``(C) The United States Air Force Academy, 
                Colorado Springs, Colorado.</DELETED>
                <DELETED>    ``(D) The United States Coast Guard 
                Academy, New London, Connecticut.</DELETED>
                <DELETED>    ``(E) The United States Merchant Marine 
                Academy, Kings Point, New York.</DELETED>
<DELETED>    ``(b) Reappointment.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
        <DELETED>    (2) Clerical amendment.--The table of sections in 
        section 1 of the Act entitled ``An Act to authorize the 
        Hydrographic Service Improvement Act of 1998, and for other 
        purposes'' (Public Law 107-372) is amended by striking the item 
        relating to section 221 and inserting the following:</DELETED>

<DELETED>``Sec. 221. Original appointments and reappointments.''.
<DELETED>    (b) Appointments to Permanent Grades.--Section 226 of such 
Act (33 U.S.C. 3026) is amended by striking ``Appointments'' and all 
that follows and inserting the following:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 7. PERSONNEL BOARDS.</DELETED>

<DELETED>    Section 222 of the National Oceanic and Atmospheric 
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3022) 
is amended to read as follows:</DELETED>

<DELETED>``SEC. 222. PERSONNEL BOARDS.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Membership.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Retired officers.--Officers on the retired 
        list may be recalled to serve on such personnel boards as the 
        Secretary considers necessary.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Duties.--Each personnel board shall--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 8. TEMPORARY APPOINTMENTS.</DELETED>

<DELETED>    Section 229 of the National Oceanic and Atmospheric 
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3029) 
is amended to read as follows:</DELETED>

<DELETED>``SEC. 229. TEMPORARY APPOINTMENTS.</DELETED>

<DELETED>    ``(a) Appointments by President.--Temporary appointments 
in the grade of ensign, lieutenant junior grade, or lieutenant may be 
made by the President alone.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 9. OFFICER CANDIDATES.</DELETED>

<DELETED>    (a) In General.--Subtitle B of title II of the National 
Oceanic and Atmospheric Administration Commissioned Officer Corps Act 
of 2002 (33 U.S.C. 3021 et seq.) is amended by adding at the end the 
following:</DELETED>

<DELETED>``SEC. 234. OFFICER CANDIDATES.</DELETED>

<DELETED>    ``(a) Determination of Number.--The Secretary shall 
determine the number of appointments of officer candidates.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Agreement.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Elements.--An agreement signed by an officer 
        candidate under paragraph (1) shall provide that the officer 
        candidate agrees to the following:</DELETED>
                <DELETED>    ``(A) That the officer candidate will 
                complete the course of instruction at the basic officer 
                training program of the Administration.</DELETED>
                <DELETED>    ``(B) That upon graduation from the such 
                program, the officer candidate--</DELETED>
                        <DELETED>    ``(i) will accept an appointment, 
                        if tendered, as an officer; and</DELETED>
                        <DELETED>    ``(ii) will serve on active duty 
                        for at least 4 years immediately after such 
                        appointment.</DELETED>
<DELETED>    ``(e) Regulations.--The Secretary shall prescribe 
regulations to carry out this section. Such regulations shall include--
</DELETED>
        <DELETED>    ``(1) standards for determining what constitutes a 
        breach of an agreement signed under such subsection (d)(1); 
        and</DELETED>
        <DELETED>    ``(2) procedures for determining whether such a 
        breach has occurred.</DELETED>
<DELETED>    ``(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).''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections in section 
1 of the Act entitled ``An Act to authorize the Hydrographic Service 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372) 
is amended by inserting after the item relating to section 233 the 
following:</DELETED>

<DELETED>``Sec. 234. Officer candidates.''.
<DELETED>    (c) Officer Candidate Defined.--Section 212 of such Act 
(33 U.S.C. 3002) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (4) through (6) as 
        paragraphs (5) through (7), respectively; and</DELETED>
        <DELETED>    (2) by inserting after paragraph (4) the 
        following:</DELETED>
        <DELETED>    ``(5) 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).''.</DELETED>
<DELETED>    (d) Pay for Officer Candidates.--Section 203 of title 37, 
United States Code, is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(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 two years service.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 10. INVOLUNTARY RETIREMENT OR SEPARATION.</DELETED>

<DELETED>    Section 241 of the National Oceanic and Atmospheric 
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3041) 
is amended by adding at the end the following:</DELETED>
<DELETED>    ``(d) Deferment of Retirement or Separation for Medical 
Reasons.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 11. SEPARATION PAY.</DELETED>

<DELETED>    Section 242 of the National Oceanic and Atmospheric 
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3042) 
is amended by adding at the end the following:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) expresses a desire not to be selected for 
        promotion; or</DELETED>
        <DELETED>    ``(2) requests removal from the list of 
        selectees.''.</DELETED>

<DELETED>SEC. 12. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, 
              UNITED STATES CODE.</DELETED>

<DELETED>    Section 261(a) of the National Oceanic and Atmospheric 
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 
3071(a)) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (13) through (16) 
        as paragraphs (20) through (23), respectively;</DELETED>
        <DELETED>    (2) by redesignating paragraphs (7) through (12) 
        as paragraphs (12) through (17), respectively;</DELETED>
        <DELETED>    (3) by redesignating paragraphs (4) through (6) as 
        paragraphs (8) through (10), respectively;</DELETED>
        <DELETED>    (4) by inserting after paragraph (3) the 
        following:</DELETED>
        <DELETED>    ``(4) Section 771, relating to unauthorized 
        wearing of uniforms.</DELETED>
        <DELETED>    ``(5) Section 774, relating to wearing religious 
        apparel while in uniform.</DELETED>
        <DELETED>    ``(6) Section 982, relating to service on State 
        and local juries.</DELETED>
        <DELETED>    ``(7) Section 1031, relating to administration of 
        oaths.'';</DELETED>
        <DELETED>    (5) by inserting after paragraph (10), as 
        redesignated, the following:</DELETED>
        <DELETED>    ``(11) Chapter 58, relating to the Benefits and 
        Services for members being separated or recently separated.''; 
        and</DELETED>
        <DELETED>    (6) by inserting after paragraph (17), as 
        redesignated, the following:</DELETED>
        <DELETED>    ``(18) Subchapter I of chapter 88, relating to 
        Military Family Programs.</DELETED>
        <DELETED>    ``(19) Section 2005, relating to advanced 
        education assistance, active duty agreements, and reimbursement 
        requirements.''.</DELETED>

<DELETED>SEC. 13. EDUCATION LOAN REPAYMENT PROGRAM.</DELETED>

<DELETED>    (a) In General.--Subtitle E of title II of the National 
Oceanic and Atmospheric Administration Commissioned Officer Corps Act 
of 2002 (33 U.S.C. 3071 et seq.) is amended by adding at the end the 
following:</DELETED>

<DELETED>``SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM.</DELETED>

<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) was used by the person to finance education; 
        and</DELETED>
        <DELETED>    ``(2) was obtained from a governmental entity, 
        private financial institution, educational institution, or 
        other authorized entity.</DELETED>
<DELETED>    ``(b) Eligible Persons.--To be eligible to obtain a loan 
repayment under this section, a person must--</DELETED>
        <DELETED>    ``(1) satisfy 1 of the requirements specified in 
        subsection (c);</DELETED>
        <DELETED>    ``(2) be fully qualified for, or hold, an 
        appointment as a commissioned officer in the commissioned 
        officer corps of the Administration; and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Loan Repayments.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Active Duty Service Obligation.--</DELETED>
        <DELETED>    ``(1) In general.--A person entering into an 
        agreement described in subsection (b)(3) incurs an active duty 
        service obligation.</DELETED>
        <DELETED>    ``(2) Length of obligation determined under 
        regulations.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Effect of Failure To Complete Obligation.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(g) Rulemaking.--The Secretary shall prescribe 
regulations to carry out this section, including--</DELETED>
        <DELETED>    ``(1) standards for qualified loans and authorized 
        payees; and</DELETED>
        <DELETED>    ``(2) other terms and conditions for the making of 
        loan repayments.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections in section 
1 of the Act entitled ``An Act to authorize the Hydrographic Service 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372) 
is amended by inserting after the item relating to section 266 the 
following:</DELETED>

<DELETED>``Sec. 267. Education loan repayment program.''.

<DELETED>SEC. 14. INTEREST PAYMENT PROGRAM.</DELETED>

<DELETED>    (a) In General.--Subtitle E of title II of the National 
Oceanic and Atmospheric Administration Commissioned Officer Corps Act 
of 2002 (33 U.S.C. 3071 et seq.), as amended by section 13, is further 
amended by adding at the end the following:</DELETED>

<DELETED>``SEC. 268. INTEREST PAYMENT PROGRAM.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Eligible Officers.--An officer is eligible for the 
benefit described in subsection (a) while the officer--</DELETED>
        <DELETED>    ``(1) is serving on active duty;</DELETED>
        <DELETED>    ``(2) has not completed more than 3 years of 
        service on active duty;</DELETED>
        <DELETED>    ``(3) is the debtor on 1 or more unpaid loans 
        described in subsection (c); and</DELETED>
        <DELETED>    ``(4) is not in default on any such 
        loan.</DELETED>
<DELETED>    ``(c) Student Loans.--The authority to make payments under 
subsection (a) may be exercised with respect to the following 
loans:</DELETED>
        <DELETED>    ``(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.).</DELETED>
        <DELETED>    ``(2) A loan made under part D of such title (20 
        U.S.C. 1087a et seq.).</DELETED>
        <DELETED>    ``(3) A loan made under part E of such title (20 
        U.S.C. 1087aa et seq.).</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Coordination With Secretary of Education.--
</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall consult 
        with the Secretary of Education regarding the administration of 
        this section.</DELETED>
        <DELETED>    ``(2) Transfer of funds.--The Secretary shall 
        transfer to the Secretary of Education the funds necessary--
        </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.).</DELETED>
<DELETED>    ``(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).''.</DELETED>
<DELETED>    (b) Conforming Amendments.--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)) are each amended--</DELETED>
        <DELETED>    (1) by striking the subsection heading and 
        inserting ``Armed Forces and NOAA Commissioned Officer Corps 
        Student Loan Interest Payment Programs''; and</DELETED>
        <DELETED>    (2) in paragraph (1)--</DELETED>
                <DELETED>    (A) by inserting ``or section 264 of the 
                National Oceanic and Atmospheric Administration 
                Commissioned Officer Corps Act of 2002'' after 
                ``Code,''; and</DELETED>
                <DELETED>    (B) by inserting ``or an officer in the 
                commissioned officer corps of the National Oceanic and 
                Atmospheric Administration, respectively,'' after 
                ``Armed Forces''.</DELETED>
<DELETED>    (c) Clerical Amendment.--The table of sections in section 
1 of the Act entitled ``An Act to authorize the Hydrographic Service 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372), 
as amended by section 13(b), is further amended by inserting after the 
item relating to section 267, as added by such section 13(b), the 
following:</DELETED>

<DELETED>``Sec. 268. Interest payment program.''.

<DELETED>SEC. 15. STUDENT PRE-COMMISSIONING EDUCATION ASSISTANCE 
              PROGRAM.</DELETED>

<DELETED>    (a) In General.--Subtitle E of title II of the National 
Oceanic and Atmospheric Administration Commissioned Officer Corps Act 
of 2002 (33 U.S.C. 3071 et seq.), as amended by sections 13 and 14, is 
further amended by adding at the end the following:</DELETED>

<DELETED>``SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION ASSISTANCE 
              PROGRAM.</DELETED>

<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) a baccalaureate degree in not more than 5 
        academic years; or</DELETED>
        <DELETED>    ``(2) a postbaccalaureate degree.</DELETED>
<DELETED>    ``(b) Eligible Persons.--</DELETED>
        <DELETED>    ``(1) In general.--A person is eligible to obtain 
        financial assistance under subsection (a) if the person--
        </DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) enters into a written agreement with 
                the Secretary described in paragraph (2).</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) to accept an appointment as an 
                officer, if tendered; and</DELETED>
                <DELETED>    ``(B) upon completion of the person's 
                educational program, agrees to serve on active duty, 
                immediately after appointment, for--</DELETED>
                        <DELETED>    ``(i) up to 3 years if the person 
                        received less than 3 years of assistance; 
                        and</DELETED>
                        <DELETED>    ``(ii) up to 5 years if the person 
                        received at least 3 years of 
                        assistance.</DELETED>
<DELETED>    ``(c) Qualifying Expenses.--Expenses for which financial 
assistance may be provided under subsection (a) are the 
following:</DELETED>
        <DELETED>    ``(1) Tuition and fees charged by the educational 
        institution involved.</DELETED>
        <DELETED>    ``(2) The cost of books.</DELETED>
        <DELETED>    ``(3) In the case of a program of education 
        leading to a baccalaureate degree, laboratory 
        expenses.</DELETED>
        <DELETED>    ``(4) Such other expenses as the Secretary 
        considers appropriate.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(e) Duration of Assistance.--Financial assistance may be 
provided to a person under subsection (a) for not more than 5 
consecutive academic years.</DELETED>
<DELETED>    ``(f) Subsistence Allowance.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(g) Initial Clothing Allowance.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(h) Termination of Financial Assistance.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall terminate 
        the assistance provided to a person under this section if--
        </DELETED>
                <DELETED>    ``(A) the Secretary accepts a request by 
                the person to be released from an agreement described 
                in subsection (b)(2);</DELETED>
                <DELETED>    ``(B) the misconduct of the person results 
                in a failure to complete the period of active duty 
                required under the agreement; or</DELETED>
                <DELETED>    ``(C) the person fails to fulfill any term 
                or condition of the agreement.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) is--</DELETED>
                        <DELETED>    ``(i) not physically qualified for 
                        appointment; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(i) Regulations.--The Secretary may promulgate such 
regulations and orders as the Secretary considers appropriate to carry 
out this section.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections in section 
1 of the Act entitled ``An Act to authorize the Hydrographic Service 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372), 
as amended by section 14(c), is further amended by inserting after the 
item relating to section 268, as added by such section 14(c), the 
following:</DELETED>

<DELETED>``Sec. 269. Student pre-commissioning education assistance 
                            program.''.

<DELETED>SEC. 16. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, 
              UNITED STATES CODE.</DELETED>

<DELETED>    (a) In General.--Subtitle E of title II of the National 
Oceanic and Atmospheric Administration Commissioned Officer Corps Act 
of 2002 (33 U.S.C. 3071 et seq.), as amended by sections 13 through 15, 
is further amended by adding at the end the following:</DELETED>

<DELETED>``SEC. 270. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, 
              UNITED STATES CODE.</DELETED>

<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(1) Section 324, relating to accession bonuses 
        for new officers in critical skills.</DELETED>
        <DELETED>    ``(2) Section 403(f)(3), relating to prescribing 
        regulations defining the terms `field duty' and `sea 
        duty'.</DELETED>
        <DELETED>    ``(3) Section 403(l), relating to temporary 
        continuation of housing allowance for dependents of members 
        dying on active duty.</DELETED>
        <DELETED>    ``(4) Section 414(a)(2), relating to personal 
        money allowance while serving as Director of the National 
        Oceanic and Atmospheric Administration Commissioned Officer 
        Corps.</DELETED>
        <DELETED>    ``(5) Section 428, relating to allowances for 
        recruiting expenses.</DELETED>
        <DELETED>    ``(6) Section 435, relating to allowances for 
        funeral honors duty.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections in section 
1 of the Act entitled ``An Act to authorize the Hydrographic Service 
Improvement Act of 1998, and for other purposes'' (Public Law 107-372), 
as amended by section 15(b), is further amended by inserting after the 
item relating to section 269, as added by such section 15(b), the 
following:</DELETED>

<DELETED>``Sec. 270. Applicability of certain provisions of title 37, 
                            United States Code.''.

<DELETED>SEC. 17. APPLICATION OF CERTAIN PROVISIONS OF COMPETITIVE 
              SERVICE LAW.</DELETED>

<DELETED>    Section 3304(f) of title 5, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by inserting ``and members 
        of the commissioned officer corps of the National Oceanic and 
        Atmospheric Administration (or its predecessor organization the 
        Coast and Geodetic Survey) separated from such uniformed 
        service'' after ``separated from the armed forces'';</DELETED>
        <DELETED>    (2) in paragraph (2), by striking ``or veteran'' 
        and inserting ``, veteran, or member''; and</DELETED>
        <DELETED>    (3) in paragraph (4), by inserting ``and members 
        of the commissioned officer corps of the National Oceanic and 
        Atmospheric Administration (or its predecessor organization the 
        Coast and Geodetic Survey) separated from such uniformed 
        service'' after ``separated from the armed forces''.</DELETED>

<DELETED>SEC. 18. ELIGIBILITY OF ALL MEMBERS OF UNIFORMED SERVICES FOR 
              LEGION OF MERIT AWARD.</DELETED>

<DELETED>    Section 1121 of title 10, United States Code, is amended 
by striking ``armed forces'' and inserting ``uniformed 
services''.</DELETED>

<DELETED>SEC. 19. APPLICATION OF EMPLOYMENT AND REEMPLOYMENT RIGHTS OF 
              MEMBERS OF THE UNIFORMED SERVICES TO MEMBERS OF 
              COMMISSIONED OFFICER CORPS.</DELETED>

<DELETED>    Section 4303(16) of title 38, United States Code, is 
amended by inserting ``the commissioned officer corps of the National 
Oceanic and Atmospheric Administration,'' after ``Public Health 
Service,''.</DELETED>

<DELETED>SEC. 20. PROTECTED COMMUNICATIONS FOR MEMBERS OF UNIFORMED 
              SERVICES AND PROHIBITION OF RETALIATORY PERSONNEL 
              ACTIONS.</DELETED>

<DELETED>    (a) In General.--Section 1034 of title 10, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in subsections (a) through (e), by striking 
        ``the armed forces'' each places it appears and inserting ``the 
        uniformed services'';</DELETED>
        <DELETED>    (2) in subsection (c)(5)--</DELETED>
                <DELETED>    (A) by striking ``Department of Defense, 
                or'' and inserting ``Department of Defense (in the case 
                of a member of the armed forces),''; and</DELETED>
                <DELETED>    (B) by inserting ``the Inspector General 
                of the Department of Commerce (in the case of a member 
                of the Commissioned Office Corps of the National 
                Oceanic and Atmospheric Administration), or the 
                Inspector General of the Department of Health and Human 
                Services (in the case of a member of the commissioned 
                corps of the Public Health Service)'' after 
                ``Navy),'';</DELETED>
        <DELETED>    (3) in subsection (e), in paragraphs (1) and (3), 
        by striking ``to the Secretary of Defense (or to the Secretary 
        of Homeland Security in the case of a member of the Coast Guard 
        when the Coast Guard is not operating as a service in the 
        Navy)'' both places it appears and inserting ``to the Secretary 
        of Defense (in the case of a member of the armed forces), to 
        the Secretary of Homeland Security (in the case of a member of 
        the Coast Guard when the Coast Guard is not operating as a 
        service in the Navy), to the Secretary of Commerce (in the case 
        of a member of the Commissioned Office Corps of the National 
        Oceanic and Atmospheric Administration), or the Secretary of 
        Health and Human Services (in the case of a member of the 
        commissioned corps of the Public Health Service)'';</DELETED>
        <DELETED>    (4) in subsection (h)--</DELETED>
                <DELETED>    (A) by striking ``and'' after ``of 
                Defense,''; and</DELETED>
                <DELETED>    (B) by inserting ``the Secretary of 
                Commerce with respect to the commissioned officer corps 
                of the National Oceanic and Atmospheric Administration, 
                and the Secretary of Health and Human Services with 
                respect to the commissioned corps of the Public Health 
                Service'' after ``Navy,''; and</DELETED>
        <DELETED>    (5) in subsection (i)--</DELETED>
                <DELETED>    (A) in subparagraph (A), by inserting ``, 
                in the case of a member of the armed forces'' before 
                the period at the end; and</DELETED>
                <DELETED>    (B) by striking subparagraph (C) and 
                inserting the following:</DELETED>
                <DELETED>    ``(C) The Inspector General of the 
                Department of Commerce, in the case of a member of the 
                commissioned officer corps of the National Oceanic and 
                Atmospheric Administration.</DELETED>
                <DELETED>    ``(D) The Inspector General of the 
                Department of Health and Human Services, in the case of 
                a member of the commissioned corps of the Public Health 
                Service.</DELETED>
                <DELETED>    ``(E) Any officer of the uniformed 
                services or employee of the Department of Defense, the 
                Department of Commerce, or the Department of Health and 
                Human Services who is assigned or detailed to serve as 
                an Inspector General at any level in the Department of 
                Defense, Department of Commerce, or Department of 
                Health and Human Services.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendments made by subsection (a) 
shall apply with respect to any unfavorable personnel action taken or 
threatened, and any withholding of or threat to withhold a favorable 
personnel action, on or after the date of the enactment of this 
Act.</DELETED>

<DELETED>SEC. 21. CRIMINAL PENALTIES FOR WEARING UNIFORM WITHOUT 
              AUTHORITY.</DELETED>

<DELETED>    Section 702 of title 18, United States Code, is amended by 
striking ``Service or any'' and inserting ``Service, the commissioned 
officer corps of the National Oceanic and Atmospheric Administration, 
or any''.</DELETED>

<DELETED>SEC. 22. REPORT ON STATUS OF OFFICERS IN COMMISSIONED OFFICER 
              CORPS OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
              AND PUBLIC HEALTH SERVICE DURING GOVERNMENT 
              SHUTDOWNS.</DELETED>

<DELETED>    Not later than 60 days after the date of the enactment of 
this Act, the Attorney General shall submit to Congress a report that 
details whether officers of the commissioned officer corps of the 
National Oceanic and Atmospheric Administration and the Public Health 
Service are treated as performing an essential level of activity to 
protect life and property during any period of a lapse in 
appropriations.</DELETED>

<DELETED>SEC. 23. TECHNICAL CORRECTION.</DELETED>

<DELETED>    Section 101(21)(C) of title 38, United States Code, is 
amended by inserting ``in the commissioned officer corps'' before ``of 
the National''.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National Oceanic 
and Atmospheric Administration Commissioned Officer Corps Amendments 
Act of 2012''.
    (b) Table of Contents.--The table of contents for 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. Report on status of officers in commissioned officer corps of 
                            National Oceanic and Atmospheric 
                            Administration and Public Health Service 
                            during Government shutdowns.
Sec. 24. Technical correction.
Sec. 25. Report.
Sec. 26. Effective date.

SEC. 2. STRENGTH AND DISTRIBUTION IN GRADE.

    Section 214 of the National Oceanic and Atmospheric Administration 
Commissioned Officer Corps Act of 2002 (33 U.S.C. 3004) is amended to 
read as follows:

``SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.

    ``(a) Grades.--The commissioned grades in the commissioned officer 
corps of the Administration are the following, in relative rank with 
officers of the Navy:
            ``(1) Vice admiral.
            ``(2) Rear admiral.
            ``(3) Rear admiral (lower half).
            ``(4) Captain.
            ``(5) Commander.
            ``(6) Lieutenant commander.
            ``(7) Lieutenant.
            ``(8) Lieutenant (junior grade).
            ``(9) Ensign.
    ``(b) 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. 3. EXCLUSION OF OFFICERS RECALLED FROM RETIRED STATUS AND 
              POSITIONS OF IMPORTANCE AND RESPONSIBILITY FROM NUMBER OF 
              AUTHORIZED COMMISSIONED OFFICERS.

    Section 215 of the National Oceanic and Atmospheric Administration 
Commissioned Officer Corps Act of 2002 (33 U.S.C. 3005) is amended--
            (1) in the matter before paragraph (1), by striking 
        ``Effective'' and inserting the following:
    ``(a) In General.--Effective''; and
            (2) by adding at the end the following new subsection:
    ``(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. 4. OBLIGATED SERVICE REQUIREMENT.

    (a) In General.--Subtitle A of title II of the National Oceanic and 
Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 
U.S.C. 3001 et seq.) is amended by adding at the end the following:

``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.''.
    (b) Clerical Amendment.--The table of sections in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Service Improvement 
Act of 1998, and for other purposes'' (Public Law 107-372) is amended 
by inserting after the item relating to section 215 the following:

``Sec. 216. Obligated service requirement.''.

SEC. 5. TRAINING AND PHYSICAL FITNESS.

    (a) In General.--Subtitle A of title II of the National Oceanic and 
Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 
U.S.C. 3001 et seq.), as amended by section 5, is further amended by 
adding at the end the following:

``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.''.
    (b) Clerical Amendment.--The table of sections in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Service Improvement 
Act of 1998, and for other purposes'' (Public Law 107-372), as amended 
by section 4(b), is further amended by inserting after the item 
relating to section 216, as added by such section 4(b), the following:

``Sec. 217. Training and physical fitness.''.

SEC. 6. APPOINTMENTS.

    (a) Original Appointments.--
            (1) In general.--Section 221 of the National Oceanic and 
        Atmospheric Administration Commissioned Officer Corps Act of 
        2002 (33 U.S.C. 3021) is amended to read as follows:

``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.''.
            (2) Clerical amendment.--The table of sections in section 1 
        of the Act entitled ``An Act to authorize the Hydrographic 
        Service Improvement Act of 1998, and for other purposes'' 
        (Public Law 107-372) is amended by striking the item relating 
        to section 221 and inserting the following:

``Sec. 221. Original appointments and reappointments.''.
    (b) Appointments to Permanent Grades.--Section 226 of such Act (33 
U.S.C. 3026) is amended by striking ``Appointments'' and all that 
follows and inserting the following:
    ``(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. 7. PERSONNEL BOARDS.

    Section 222 of the National Oceanic and Atmospheric Administration 
Commissioned Officer Corps Act of 2002 (33 U.S.C. 3022) is amended to 
read as follows:

``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. 8. TEMPORARY APPOINTMENTS.

    Section 229 of the National Oceanic and Atmospheric Administration 
Commissioned Officer Corps Act of 2002 (33 U.S.C. 3029) is amended to 
read as follows:

``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. 9. OFFICER CANDIDATES.

    (a) In General.--Subtitle B of title II of the National Oceanic and 
Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 
U.S.C. 3021 et seq.) is amended by adding at the end the following:

``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).''.
    (b) Clerical Amendment.--The table of sections in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Service Improvement 
Act of 1998, and for other purposes'' (Public Law 107-372) is amended 
by inserting after the item relating to section 233 the following:

``Sec. 234. Officer candidates.''.
    (c) Officer Candidate Defined.--Section 212 of such Act (33 U.S.C. 
3002) is amended--
            (1) by redesignating paragraphs (4) through (6) as 
        paragraphs (5) through (7), respectively; and
            (2) by inserting after paragraph (3) the following:
            ``(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).''.
    (d) Pay for Officer Candidates.--Section 203 of title 37, United 
States Code, is amended by adding at the end the following:
    ``(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.''.

SEC. 10. INVOLUNTARY RETIREMENT OR SEPARATION.

    Section 241 of the National Oceanic and Atmospheric Administration 
Commissioned Officer Corps Act of 2002 (33 U.S.C. 3041) is amended by 
adding at the end the following:
    ``(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. 11. SEPARATION PAY.

    Section 242 of the National Oceanic and Atmospheric Administration 
Commissioned Officer Corps Act of 2002 (33 U.S.C. 3042) is amended by 
adding at the end the following:
    ``(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.''.

SEC. 12. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, UNITED STATES 
              CODE.

    Section 261(a) of the National Oceanic and Atmospheric 
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 
3071(a)) is amended--
            (1) by redesignating paragraphs (13) through (16) as 
        paragraphs (20) through (23), respectively;
            (2) by redesignating paragraphs (7) through (12) as 
        paragraphs (12) through (17), respectively;
            (3) by redesignating paragraphs (4) through (6) as 
        paragraphs (8) through (10), respectively;
            (4) by inserting after paragraph (3) the following:
            ``(4) Section 771, relating to unauthorized wearing of 
        uniforms.
            ``(5) Section 774, relating to wearing religious apparel 
        while in uniform.
            ``(6) Section 982, relating to service on State and local 
        juries.
            ``(7) Section 1031, relating to administration of oaths.'';
            (5) by inserting after paragraph (10), as redesignated, the 
        following:
            ``(11) Chapter 58, relating to the Benefits and Services 
        for members being separated or recently separated.''; and
            (6) by inserting after paragraph (17), as redesignated, the 
        following:
            ``(18) Subchapter I of chapter 88, relating to Military 
        Family Programs.
            ``(19) Section 2005, relating to advanced education 
        assistance, active duty agreements, and reimbursement 
        requirements.''.

SEC. 13. EDUCATION LOAN REPAYMENT PROGRAM.

    (a) In General.--Subtitle E of title II of the National Oceanic and 
Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 
U.S.C. 3071 et seq.) is amended by adding at the end the following:

``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.''.
    (b) Clerical Amendment.--The table of sections in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Service Improvement 
Act of 1998, and for other purposes'' (Public Law 107-372) is amended 
by inserting after the item relating to section 266 the following:

``Sec. 267. Education loan repayment program.''.

SEC. 14. INTEREST PAYMENT PROGRAM.

    (a) In General.--Subtitle E of title II of the National Oceanic and 
Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 
U.S.C. 3071 et seq.), as amended by section 13, is further amended by 
adding at the end the following:

``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).''.
    (b) Conforming Amendments.--
            (1) Section 428(o) of the Higher Education Act of 1965 (20 
        U.S.C. 1078(o)) is amended--
                    (A) by striking the subsection heading and 
                inserting ``Armed Forces and NOAA Commissioned Officer 
                Corps Student Loan Interest Payment Programs''; and
                    (B) in paragraph (1)--
                            (i) by inserting ``or section 264 of the 
                        National Oceanic and Atmospheric Administration 
                        Commissioned Officer Corps Act of 2002'' after 
                        ``Code,''; and
                            (ii) by inserting ``or an officer in the 
                        commissioned officer corps of the National 
                        Oceanic and Atmospheric Administration, 
                        respectively,'' after ``Armed Forces''.
            (2) Sections 455(l) and 464(j) of the Higher Education Act 
        of 1965 (20 U.S.C. 1087e(l) and 1087dd(j)) are each amended--
                    (A) by striking the subsection heading and 
                inserting ``Armed Forces and NOAA Commissioned Officer 
                Corps Student Loan Interest Payment Programs''; and
                    (B) in paragraph (1)--
                            (i) by inserting ``or section 264 of the 
                        National Oceanic and Atmospheric Administration 
                        Commissioned Officer Corps Act of 2002'' after 
                        ``Code,''; and
                            (ii) by inserting ``or an officer in the 
                        commissioned officer corps of the National 
                        Oceanic and Atmospheric Administration, 
                        respectively'' after ``Armed Forces''.
    (c) Clerical Amendment.--The table of sections in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Service Improvement 
Act of 1998, and for other purposes'' (Public Law 107-372), as amended 
by section 13(b), is further amended by inserting after the item 
relating to section 267, as added by such section 13(b), the following:

``Sec. 268. Interest payment program.''.

SEC. 15. STUDENT PRE-COMMISSIONING EDUCATION ASSISTANCE PROGRAM.

    (a) In General.--Subtitle E of title II of the National Oceanic and 
Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 
U.S.C. 3071 et seq.), as amended by sections 13 and 14, is further 
amended by adding at the end the following:

``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.''.
    (b) Clerical Amendment.--The table of sections in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Service Improvement 
Act of 1998, and for other purposes'' (Public Law 107-372), as amended 
by section 14(c), is further amended by inserting after the item 
relating to section 268, as added by such section 14(c), the following:

``Sec. 269. Student pre-commissioning education assistance program.''.

SEC. 16. LIMITATION ON EDUCATIONAL ASSISTANCE.

    (a) In General.--Each fiscal year, beginning with fiscal year 2013, 
the Secretary of Commerce shall ensure that the total amount expended 
by the Secretary under section 267 of the National Oceanic and 
Atmospheric Administration Commissioned Officer Corps Act of 2002 (as 
added by section 13(a)), section 268 of such Act (as added by section 
14(a)), and section 269 of such Act (as added by section 15(a)) does 
not exceed the amount by which--
            (1) the total amount the Secretary would pay in that fiscal 
        year to officer candidates under section 203(f)(1) of title 37, 
        United States Code (as added by section 9(d)), if such section 
        entitled officers candidates to pay at monthly rates equal to 
        the basic pay of a commissioned officer in the pay grade O-1 
        with less than 2 years of service; exceeds
            (2) the total amount the Secretary actually pays in that 
        fiscal year to officer candidates under section 203(f)(1) of 
        such title (as so added).
    (b) Officer Candidate Defined.--In this section, the term ``officer 
candidate'' has the meaning given the term in section 212 of such Act 
(as added by section 9(c)).

SEC. 17. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, UNITED STATES 
              CODE.

    (a) In General.--Subtitle E of title II of the National Oceanic and 
Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 
U.S.C. 3071 et seq.), as amended by sections 13 through 15, is further 
amended by adding at the end the following:

``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.''.
    (b) Clerical Amendment.--The table of sections in section 1 of the 
Act entitled ``An Act to authorize the Hydrographic Service Improvement 
Act of 1998, and for other purposes'' (Public Law 107-372), as amended 
by section 15(b), is further amended by inserting after the item 
relating to section 269, as added by such section 15(b), the following:

``Sec. 270. Applicability of certain provisions of title 37, United 
                            States Code.''.

SEC. 18. APPLICATION OF CERTAIN PROVISIONS OF COMPETITIVE SERVICE LAW.

    Section 3304(f) of title 5, United States Code, is amended--
            (1) in paragraph (1), by inserting ``and members of the 
        commissioned officer corps of the National Oceanic and 
        Atmospheric Administration (or its predecessor organization the 
        Coast and Geodetic Survey) separated from such uniformed 
        service'' after ``separated from the armed forces'';
            (2) in paragraph (2), by striking ``or veteran'' and 
        inserting ``, veteran, or member''; and
            (3) in paragraph (4), by inserting ``and members of the 
        commissioned officer corps of the National Oceanic and 
        Atmospheric Administration (or its predecessor organization the 
        Coast and Geodetic Survey) separated from such uniformed 
        service'' after ``separated from the armed forces''.

SEC. 19. ELIGIBILITY OF ALL MEMBERS OF UNIFORMED SERVICES FOR LEGION OF 
              MERIT AWARD.

    Section 1121 of title 10, United States Code, is amended by 
striking ``armed forces'' and inserting ``uniformed services''.

SEC. 20. APPLICATION OF EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS 
              OF THE UNIFORMED SERVICES TO MEMBERS OF COMMISSIONED 
              OFFICER CORPS.

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

SEC. 21. PROTECTED COMMUNICATIONS FOR COMMISSIONED OFFICER CORPS AND 
              PROHIBITION OF RETALIATORY PERSONNEL ACTIONS.

    (a) In General.--Subsection (a) of section 261 of the National 
Oceanic and Atmospheric Administration Commissioned Officer Corps Act 
of 2002 (33 U.S.C. 3071(a)), as amended by section 12, is further 
amended--
            (1) by redesignating paragraphs (8) through (23) as 
        paragraphs (9) through (24), respectively; and
            (2) by inserting after paragraph (7) the following:
            ``(8) Section 1034, relating to protected communications 
        and prohibition of retaliatory personnel actions.''.
    (b) Conforming Amendment.--Subsection (b) of such section is 
amended by adding at the end the following: ``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. 22. CRIMINAL PENALTIES FOR WEARING UNIFORM WITHOUT AUTHORITY.

    Section 702 of title 18, United States Code, is amended by striking 
``Service or any'' and inserting ``Service, the commissioned officer 
corps of the National Oceanic and Atmospheric Administration, or any''.

SEC. 23. REPORT ON STATUS OF OFFICERS IN COMMISSIONED OFFICER CORPS OF 
              NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AND 
              PUBLIC HEALTH SERVICE DURING GOVERNMENT SHUTDOWNS.

    Not later than 60 days after the date of the enactment of this Act, 
the Attorney General shall submit to Congress a report that details 
whether officers of the commissioned officer corps of the National 
Oceanic and Atmospheric Administration and the Public Health Service 
are treated as performing an essential level of activity to protect 
life and property during any period of a lapse in appropriations.

SEC. 24. TECHNICAL CORRECTION.

    Section 101(21)(C) of title 38, United States Code, is amended by 
inserting ``in the commissioned officer corps'' before ``of the 
National''.

SEC. 25. REPORT.

    (a) In General.--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 the National Oceanic and Atmospheric 
Administration to operate sufficiently through fiscal year 2017.
    (b) Contents.--The report required by subsection (a) shall include 
the following:
            (1) The average annual attrition rate of officers in the 
        commissioned officer corps of the National Oceanic and 
        Atmospheric Administration.
            (2) An estimate of the number of annual recruits that would 
        reasonably be required to operate the commissioned officer 
        corps sufficiently through fiscal year 2017.
            (3) The projected impact of this Act on annual recruitment 
        numbers through fiscal year 2017.
            (4) Identification of areas of duplication or unnecessary 
        redundancy in current activities of the commissioned officer 
        corps that could otherwise be streamlined or eliminated to save 
        costs.
            (5) Such other matters as the Secretary considers 
        appropriate regarding the provisions of this Act and the 
        amendments made by this Act.

SEC. 26. EFFECTIVE DATE.

    Notwithstanding any other provision of this Act, sections 2 through 
22 shall 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).
                                                       Calendar No. 551

112th CONGRESS

  2d Session

                                S. 2388

_______________________________________________________________________

                                 A BILL

     To reauthorize and amend the National Oceanic and Atmospheric 
 Administration Commissioned Officer Corps Act of 2002, and for other 
                               purposes.

_______________________________________________________________________

                           November 14, 2012

                       Reported with an amendment
```