II 

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, and Mr. 

WHITEHOUSE) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

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

of 2002, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘National Oceanic and Atmospheric Administration Com6 missioned Officer Corps Amendments Act of 2012’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Strength and distribution in grade. 


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

Sec. 17. Application of certain provisions of competitive service law. 

Sec. 18. Eligibility of all members of uniformed services for Legion of Merit 

award. 

Sec. 19. Application of Employment and Reemployment Rights of Members of 

the Uniformed Services to members of commissioned officer 

corps. 

Sec. 20. Protected communications for members of uniformed services and prohibition of retaliatory personnel actions. 

Sec. 21. Criminal penalties for wearing uniform without authority. 

Sec. 22. Report on status of officers in commissioned officer corps of National 

Oceanic and Atmospheric Administration and Public Health 

Service during Government shutdowns. 

Sec. 23. Technical correction. 

1 SEC. 2. STRENGTH AND DISTRIBUTION IN GRADE. 

2 Section 214 of the National Oceanic and Atmospheric 

3 Administration Commissioned Officer Corps Act of 2002 

4 (33 U.S.C. 3004) is amended to read as follows: 

5 ‘‘SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE. 

6 ‘‘(a) GRADES.—The commissioned grades in the com7 missioned officer corps of the Administration are the fol8 lowing, in relative rank with officers of the Navy: 

9 ‘‘(1) Vice admiral. 

10 ‘‘(2) Rear admiral. 

11 ‘‘(3) Rear admiral (lower half). 

12 ‘‘(4) Captain. 


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1 ‘‘(5) Commander. 

2 ‘‘(6) Lieutenant commander. 

3 ‘‘(7) Lieutenant. 

4 ‘‘(8) Lieutenant (junior grade). 

5 ‘‘(9) Ensign. 

6 ‘‘(b) PROPORTION.— 

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

8 list shall be distributed in grade in the following per9 centages: 

10 ‘‘(A) 8 in the grade of captain. 

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

12 ‘‘(C) 19 in the grade of lieutenant com13 mander. 

14 ‘‘(2) GRADES BELOW LIEUTENANT COM15 MANDER.—The Secretary shall prescribe, with re16 spect to the distribution on the lineal list in grade, 

17 the percentages applicable to the grades of lieuten18 ant, lieutenant (junior grade), and ensign. 

19 ‘‘(c) ANNUAL COMPUTATION OF NUMBER IN

20 GRADE.— 

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

22 once each year, the Secretary shall make a computa23 tion to determine the number of officers on the lin24 eal list authorized to be serving in each grade. 


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

2 in each grade shall be computed by applying the ap3 plicable percentage to the total number of such offi4 cers serving on active duty on the date the computa5 tion is made. 

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

7 computing the authorized number of officers in a 

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

the fraction is 1 9 ⁄2, the next higher whole number 

10 shall be taken. 

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

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

13 lineal list during a fiscal year may be temporarily exceeded 

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

15 does not exceed the authorized number. 

16 ‘‘(e) POSITIONS OF IMPORTANCE AND RESPONSI17 BILITY.—Officers serving in positions designated under 

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

19 shall not be counted when computing authorized strengths 

20 under subsection (c) and shall not count against those 

21 strengths. 

22 ‘‘(f) PRESERVATION OF GRADE AND PAY.—No offi23 cer may be reduced in grade or pay or separated from 

24 the commissioned officer corps of the Administration as 


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1 the result of a computation made to determine the author2 ized number of officers in the various grades.’’. 

3 SEC. 3. EXCLUSION OF OFFICERS RECALLED FROM RE4 TIRED STATUS AND POSITIONS OF IMPOR5 TANCE AND RESPONSIBILITY FROM NUMBER 

6 OF AUTHORIZED COMMISSIONED OFFICERS. 

7 Section 215 of the National Oceanic and Atmospheric 

8 Administration Commissioned Officer Corps Act of 2002 

9 (33 U.S.C. 3005) is amended— 

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

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

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

13 (2) by adding at the end the following new sub14 section: 

15 ‘‘(b) POSITIONS OF IMPORTANCE AND RESPONSI16 BILITY.—Officers serving in positions designated under 

17 section 228 and officers recalled from retired status— 

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

19 total number of authorized officers on the lineal list 

20 under this section; and 

21 ‘‘(2) may not count against such number.’’. 

22 SEC. 4. OBLIGATED SERVICE REQUIREMENT. 

23 (a) IN GENERAL.—Subtitle A of the National Oce24 anic and Atmospheric Administration Commissioned OffiVerDate Mar 15 2010 03:05 May 02, 2012 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2388.IS S2388

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1 cer Corps Act of 2002 (33 U.S.C. 3001 et seq.) is amend2 ed by adding at the end the following: 

3 ‘‘SEC. 216. OBLIGATED SERVICE REQUIREMENT. 

4 ‘‘(a) IN GENERAL.— 

5 ‘‘(1) RULEMAKING.—The Secretary shall pre6 scribe the obligated service requirements for appoint7 ments, training, promotions, separations, continu8 ations, and retirement of officers not otherwise cov9 ered by law. 

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

11 and officers shall enter into written agreements that 

12 describe the officers’ obligated service requirements 

13 prescribed under paragraph (1) in return for such 

14 appointments, training, promotions, separations, and 

15 retirements as the Secretary considers appropriate. 

16 ‘‘(b) REPAYMENT FOR FAILURE TO SATISFY RE17 QUIREMENTS.— 

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

19 an officer who fails to meet the service requirements 

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

21 Secretary in an amount that bears the same ratio to 

22 the total costs of the training provided to that offi23 cer by the Secretary as the unserved portion of ac24 tive duty bears to the total period of active duty the 

25 officer agreed to serve. 


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1 ‘‘(2) OBLIGATION AS DEBT TO UNITED

2 STATES.—An obligation to reimburse the Secretary 

3 under paragraph (1) shall be considered for all pur4 poses as a debt owed to the United States. 

5 ‘‘(3) DISCHARGE IN BANKRUPTCY.—A dis6 charge in bankruptcy under title 11 that is entered 

7 less than 5 years after the termination of a written 

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

9 not discharge the individual signing the agreement 

10 from a debt arising under such agreement. 

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

12 The Secretary may waive the service obligation of an offi13 cer who— 

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

15 duty in the commissioned officer corps of the Ad16 ministration because of a circumstance not within 

17 the control of that officer; or 

18 ‘‘(2) is— 

19 ‘‘(A) not physically qualified for appoint20 ment; and 

21 ‘‘(B) determined to be unqualified for serv22 ice in the commissioned officer corps of the Ad23 ministration because of a physical or medical 

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

25 own misconduct or grossly negligent conduct.’’. 


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

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

3 Hydrographic Service Improvement Act of 1998, and for 

4 other purposes’’ (Public Law 107–372) is amended by in5 serting after the item relating to section 215 the following: 

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

6 SEC. 5. TRAINING AND PHYSICAL FITNESS. 

7 (a) IN GENERAL.—Subtitle A of title II of the Na8 tional Oceanic and Atmospheric Administration Commis9 sioned Officer Corps Act of 2002 (33 U.S.C. 3001 et seq.), 

10 as amended by section 5, is further amended by adding 

11 at the end the following: 

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

13 ‘‘(a) TRAINING.—The Secretary may take such meas14 ures as may be necessary to ensure that officers are pre15 pared to carry out their duties in the commissioned officer 

16 corps of the Administration and proficient in the skills 

17 necessary to carry out such duties. Such measures may 

18 include the following: 

19 ‘‘(1) Carrying out training programs and cor20 respondence courses, including establishing and op21 erating a basic officer training program to provide 

22 initial indoctrination and maritime vocational train23 ing for officer candidates as well as refresher train24 ing, mid-career training, aviation training, and such 


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1 other training as the Secretary considers necessary 

2 for officer development and proficiency. 

3 ‘‘(2) Providing officers and officer candidates 

4 with books and school supplies. 

5 ‘‘(3) Acquiring such equipment as may be nec6 essary for training and instructional purposes. 

7 ‘‘(b) PHYSICAL FITNESS.—The Secretary shall en8 sure that officers maintain a high physical state of readi9 ness in preparation for functioning as a service in the 

10 Navy during times of war, including by establishing stand11 ards of physical fitness for officers that are substantially 

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

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

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

15 Hydrographic Service Improvement Act of 1998, and for 

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

17 section 5(b), is further amended by inserting after the 

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

19 5(b), the following: 

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

20 SEC. 6. APPOINTMENTS. 

21 (a) ORIGINAL APPOINTMENTS.— 

22 (1) IN GENERAL.—Section 221 of the National 

23 Oceanic and Atmospheric Administration Commis24 sioned Officer Corps Act of 2002 (33 U.S.C. 3021) 

25 is amended to read as follows: 


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1 ‘‘SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINT2 MENTS. 

3 ‘‘(a) ORIGINAL APPOINTMENTS.— 

4 ‘‘(1) GRADES.— 

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

6 subparagraph (B), an original appointment of 

7 an officer may be made in such grades as may 

8 be appropriate for— 

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

10 length of service of the appointee; and 

11 ‘‘(ii) the commissioned officer corps of 

12 the Administration. 

13 ‘‘(B) APPOINTMENT OF OFFICER CAN14 DIDATES.— 

15 ‘‘(i) LIMITATION ON GRADE.—An 

16 original appointment of an officer can17 didate, upon graduation from the basic of18 ficer training program of the commissioned 

19 officer corps of the Administration, may 

20 not be made in any other grade than en21 sign. 

22 ‘‘(ii) RANK.—Officer candidates re23 ceiving appointments as ensigns upon 

24 graduation from basic officer training pro25 gram shall take rank according to their 


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1 proficiency as shown by the order of their 

2 merit at date of graduation. 

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

4 appointment may be made from among the fol5 lowing: 

6 ‘‘(A) Graduates of the basic officer train7 ing program of the commissioned officer corps 

8 of the Administration. 

9 ‘‘(B) Graduates of the military service 

10 academies of the United States who otherwise 

11 meet the academic standards for enrollment in 

12 the training program described in subparagraph 

13 (A). 

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

15 merchant marine who have served 2 or more 

16 years aboard a vessel of the United States in 

17 the capacity of a licensed officer, who otherwise 

18 meet the academic standards for enrollment in 

19 the training program described in subparagraph 

20 (A). 

21 ‘‘(3) MILITARY SERVICE ACADEMIES OF THE

22 UNITED STATES DEFINED.—In this subsection, the 

23 term ‘military service academies of the United 

24 States’ means the following: 


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

2 West Point, New York. 

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

4 Annapolis, Maryland. 

5 ‘‘(C) The United States Air Force Acad6 emy, Colorado Springs, Colorado. 

7 ‘‘(D) The United States Coast Guard 

8 Academy, New London, Connecticut. 

9 ‘‘(E) The United States Merchant Marine 

10 Academy, Kings Point, New York. 

11 ‘‘(b) REAPPOINTMENT.— 

12 ‘‘(1) IN GENERAL.—Except as provided in para13 graph (2), an individual who previously served in the 

14 commissioned officer corps of the Administration 

15 may be appointed by the Secretary to the grade the 

16 individual held prior to separation. 

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

18 An appointment under paragraph (1) to a position 

19 of importance and responsibility designated under 

20 section 228 may only be made by the President, by 

21 and with the advice and consent of the Senate. 

22 ‘‘(c) QUALIFICATIONS.—An appointment under sub23 section (a) or (b) may not be given to an individual until 

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

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1 lished under such regulations as the Secretary shall pre2 scribe. 

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

4 under this section shall take precedence in the grade to 

5 which appointed in accordance with the dates of their com6 missions as commissioned officers in such grade. Ap7 pointees whose dates of commission are the same shall 

8 take precedence with each other as the Secretary shall de9 termine.’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions in section 1 of the Act entitled ‘‘An Act to au12 thorize the Hydrographic Service Improvement Act 

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

14 372) is amended by striking the item relating to sec15 tion 221 and inserting the following: 

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

16 (b) APPOINTMENTS TO PERMANENT GRADES.—Sec17 tion 226 of such Act (33 U.S.C. 3026) is amended by 

18 striking ‘‘Appointments’’ and all that follows and inserting 

19 the following: 

20 ‘‘(a) HIGHER GRADES.—Original appointments 

21 under section 221 in and promotions to the grades of lieu22 tenant commander and above shall be made by the Presi23 dent, by and with the advice and consent of the Senate. 


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1 ‘‘(b) LOWER GRADES.—Original appointments under 

2 section 221 in and promotions to the grades of ensign 

3 through lieutenant shall be made by the President alone.’’. 

4 SEC. 7. PERSONNEL BOARDS. 

5 Section 222 of the National Oceanic and Atmospheric 

6 Administration Commissioned Officer Corps Act of 2002 

7 (33 U.S.C. 3022) is amended to read as follows: 

8 ‘‘SEC. 222. PERSONNEL BOARDS. 

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

10 each year and at such other times as the Secretary deter11 mines necessary, the Secretary shall convene a personnel 

12 board. 

13 ‘‘(b) MEMBERSHIP.— 

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

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

16 are serving in or above the permanent grade of the 

17 officers under consideration by the board. 

18 ‘‘(2) RETIRED OFFICERS.—Officers on the re19 tired list may be recalled to serve on such personnel 

20 boards as the Secretary considers necessary. 

21 ‘‘(3) NO MEMBERSHIP ON 2 SUCCESSIVE

22 BOARDS.—No officer may be a member of 2 succes23 sive personnel boards convened to consider officers 

24 of the same grade for promotion or separation. 

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


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

2 as may be necessary to correct any erroneous posi3 tion on the lineal list that was caused by administra4 tive error; and 

5 ‘‘(2) make selections and recommendations to 

6 the Secretary and the President for the appoint7 ment, promotion, involuntary separation, continu8 ation, and involuntary retirement of officers in the 

9 commissioned officer corps of the Administration as 

10 prescribed in this title. 

11 ‘‘(d) ACTION ON RECOMMENDATIONS NOT ACCEPT12 ABLE.—If any recommendation by a board convened 

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

14 the President, the board shall make such further rec15 ommendations as the Secretary or the President consider 

16 appropriate.’’. 

17 SEC. 8. TEMPORARY APPOINTMENTS. 

18 Section 229 of the National Oceanic and Atmospheric 

19 Administration Commissioned Officer Corps Act of 2002 

20 (33 U.S.C. 3029) is amended to read as follows: 

21 ‘‘SEC. 229. TEMPORARY APPOINTMENTS. 

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

23 appointments in the grade of ensign, lieutenant junior 

24 grade, or lieutenant may be made by the President alone. 


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

2 position under subsection (a) shall terminate upon ap3 proval of a permanent appointment for such position made 

4 by the President alone. 

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

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

7 appointed in accordance with the dates of their appoint8 ments as officers in such grade. The order of precedence 

9 of appointees who are appointed on the same date shall 

10 be determined by the Secretary. 

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

12 Secretary to be in the best interest of the commissioned 

13 officer corps, officers in any permanent grade may be tem14 porarily promoted one grade by the President alone. Any 

15 such temporary promotion terminates upon the transfer 

16 of the officer to a new assignment.’’. 

17 SEC. 9. OFFICER CANDIDATES. 

18 (a) IN GENERAL.—Subtitle B of title II of the Na19 tional Oceanic and Atmospheric Administration Commis20 sioned Officer Corps Act of 2002 (33 U.S.C. 3021 et seq.) 

21 is amended by adding at the end the following: 

22 ‘‘SEC. 234. OFFICER CANDIDATES. 

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

24 shall determine the number of appointments of officer can25 didates. 


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1 ‘‘(b) APPOINTMENT.—Appointment of officer can2 didates shall be made under regulations which the Sec3 retary shall prescribe, including regulations with respect 

4 to determining age limits, methods of selection of officer 

5 candidates, term of service as an officer candidate before 

6 graduation from the program, and all other matters af7 fecting such appointment. 

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

9 the basic officer training program of the Administration 

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

11 term as an officer candidate, the Secretary considers un12 satisfactory in either academics or conduct, or not adapted 

13 for a career in the commissioned officer corps of the Ad14 ministration. Officer candidates shall be subject to rules 

15 governing discipline prescribed by the Director of the Na16 tional Oceanic and Atmospheric Administration Commis17 sioned Officer Corps. 

18 ‘‘(d) AGREEMENT.— 

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

20 shall sign an agreement with the Secretary in ac21 cordance with section 216(a)(2) regarding the officer 

22 candidate’s term of service in the commissioned offi23 cer corps of the Administration. 


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

2 officer candidate under paragraph (1) shall provide 

3 that the officer candidate agrees to the following: 

4 ‘‘(A) That the officer candidate will com5 plete the course of instruction at the basic offi6 cer training program of the Administration. 

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

8 program, the officer candidate— 

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

10 tendered, as an officer; and 

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

12 least 4 years immediately after such ap13 pointment. 

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

15 regulations to carry out this section. Such regulations 

16 shall include— 

17 ‘‘(1) standards for determining what constitutes 

18 a breach of an agreement signed under such sub19 section (d)(1); and 

20 ‘‘(2) procedures for determining whether such a 

21 breach has occurred. 

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

23 officer candidate who does not fulfill the terms of the obli24 gation to serve as specified under section (d) shall be sub25 ject to the repayment provisions of section 216(b).’’. 


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

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

3 Hydrographic Service Improvement Act of 1998, and for 

4 other purposes’’ (Public Law 107–372) is amended by in5 serting after the item relating to section 233 the following: 

‘‘Sec. 234. Officer candidates.’’. 

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

7 such Act (33 U.S.C. 3002) is amended— 

8 (1) by redesignating paragraphs (4) through 

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

10 (2) by inserting after paragraph (4) the fol11 lowing: 

12 ‘‘(5) OFFICER CANDIDATE.—The term ‘officer 

13 candidate’ means an individual who is enrolled in the 

14 basic officer training program of the Administration 

15 and is under consideration for appointment as an of16 ficer under section 221(a)(2)(A).’’. 

17 (d) PAY FOR OFFICER CANDIDATES.—Section 203 of 

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

19 end the following: 

20 ‘‘(f)(1) An officer candidate enrolled in the basic offi21 cer training program of the commissioned officer corps of 

22 the National Oceanic and Atmospheric Administration is 

23 entitled, while participating in such program, to monthly 

24 officer candidate pay at monthly rate equal to the basic 


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

2 than two years service. 

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

4 shall receive credit for the time spent participating in such 

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

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

7 graduate from such program, such time shall not be con8 sidered creditable for active duty or pay.’’. 

9 SEC. 10. INVOLUNTARY RETIREMENT OR SEPARATION. 

10 Section 241 of the National Oceanic and Atmospheric 

11 Administration Commissioned Officer Corps Act of 2002 

12 (33 U.S.C. 3041) is amended by adding at the end the 

13 following: 

14 ‘‘(d) DEFERMENT OF RETIREMENT OR SEPARATION

15 FOR MEDICAL REASONS.— 

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

17 that the evaluation of the medical condition of an of18 ficer requires hospitalization or medical observation 

19 that cannot be completed with confidence in a man20 ner consistent with the officer’s well being before the 

21 date on which the officer would otherwise be re22 quired to retire or be separated under this section, 

23 the Secretary may defer the retirement or separation 

24 of the officer. 


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

2 only be made with the written consent of the officer 

3 involved. If the officer does not provide written con4 sent to the deferment, the officer shall be retired or 

5 separated as scheduled. 

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

7 separation under this subsection may not extend for 

8 more than 30 days after completion of the evalua9 tion requiring hospitalization or medical observa10 tion.’’. 

11 SEC. 11. SEPARATION PAY. 

12 Section 242 of the National Oceanic and Atmospheric 

13 Administration Commissioned Officer Corps Act of 2002 

14 (33 U.S.C. 3042) is amended by adding at the end the 

15 following: 

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

17 failing selection for promotion to the next higher grade 

18 is not entitled to separation pay under this section if the 

19 officer— 

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

21 promotion; or 

22 ‘‘(2) requests removal from the list of select23 ees.’’. 


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1 SEC. 12. APPLICABILITY OF CERTAIN PROVISIONS OF 

2 TITLE 10, UNITED STATES CODE. 

3 Section 261(a) of the National Oceanic and Atmos4 pheric Administration Commissioned Officer Corps Act of 

5 2002 (33 U.S.C. 3071(a)) is amended— 

6 (1) by redesignating paragraphs (13) through 

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

8 (2) by redesignating paragraphs (7) through 

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

10 (3) by redesignating paragraphs (4) through 

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

12 (4) by inserting after paragraph (3) the fol13 lowing: 

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

15 wearing of uniforms. 

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

17 apparel while in uniform. 

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

19 and local juries. 

20 ‘‘(7) Section 1031, relating to administration of 

21 oaths.’’; 

22 (5) by inserting after paragraph (10), as redes23 ignated, the following: 

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

25 Services for members being separated or recently 

26 separated.’’; and 


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1 (6) by inserting after paragraph (17), as redes2 ignated, the following: 

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

4 Military Family Programs. 

5 ‘‘(19) Section 2005, relating to advanced edu6 cation assistance, active duty agreements, and reim7 bursement requirements.’’. 

8 SEC. 13. EDUCATION LOAN REPAYMENT PROGRAM. 

9 (a) IN GENERAL.—Subtitle E of title II of the Na10 tional Oceanic and Atmospheric Administration Commis11 sioned Officer Corps Act of 2002 (33 U.S.C. 3071 et seq.) 

12 is amended by adding at the end the following: 

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

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

15 For the purpose of maintaining adequate numbers of offi16 cers of the commissioned officer corps of the Administra17 tion on active duty who have skills required by the com18 missioned officer corps, the Secretary may repay, in the 

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

20 ‘‘(1) was used by the person to finance edu21 cation; and 

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

23 private financial institution, educational institution, 

24 or other authorized entity. 


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

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

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

4 subsection (c); 

5 ‘‘(2) be fully qualified for, or hold, an appoint6 ment as a commissioned officer in the commissioned 

7 officer corps of the Administration; and 

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

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

10 for a period in addition to any other incurred active 

11 duty obligation. 

12 ‘‘(c) ACADEMIC AND PROFESSIONAL REQUIRE13 MENTS.—One of the following academic requirements 

14 must be satisfied for purposes of determining the eligi15 bility of an individual for a loan repayment under this sec16 tion: 

17 ‘‘(1) The person is fully qualified in a profes18 sion that the Secretary has determined to be nec19 essary to meet identified skill shortages in the com20 missioned officer corps. 

21 ‘‘(2) The person is enrolled as a full-time stu22 dent in the final year of a course of study at an ac23 credited educational institution (as determined by 

24 the Secretary of Education) leading to a degree in 


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1 a profession that will meet identified skill shortages 

2 in the commissioned officer corps. 

3 ‘‘(d) LOAN REPAYMENTS.— 

4 ‘‘(1) IN GENERAL.—Subject to the limits estab5 lished under paragraph (2), a loan repayment under 

6 this section may consist of the payment of the prin7 cipal, interest, and related expenses of a loan ob8 tained by a person described in subsection (b). 

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

10 of obligated service that a person agrees to serve in 

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

12 Secretary may pay not more than the amount speci13 fied in section 2173(e)(2) of title 10, United States 

14 Code. 

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

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

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

18 active duty service obligation. 

19 ‘‘(2) LENGTH OF OBLIGATION DETERMINED

20 UNDER REGULATIONS.— 

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

22 subparagraph (B), the length of the obligation 

23 under paragraph (1) shall be determined under 

24 regulations prescribed by the Secretary. 


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1 ‘‘(B) MINIMUM OBLIGATION.—The regula2 tions prescribed under subparagraph (A) may 

3 not provide for a period of obligation of less 

4 than 1 year for each maximum annual amount, 

5 or portion thereof, paid on behalf of the person 

6 for qualified loans. 

7 ‘‘(3) PERSONS ON ACTIVE DUTY BEFORE EN8 TERING INTO AGREEMENT.—The active duty service 

9 obligation of persons on active duty before entering 

10 into the agreement shall be served after the conclu11 sion of any other obligation incurred under the 

12 agreement. 

13 ‘‘(f) EFFECT OF FAILURE TO COMPLETE OBLIGA14 TION.— 

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

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

17 under this section before the completion of that obli18 gation may be given any alternative obligation, at 

19 the discretion of the Secretary. 

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

21 complete the period of active duty specified in the 

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

23 the alternative obligation imposed under paragraph 

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

25 under section 216. 


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

2 regulations to carry out this section, including— 

3 ‘‘(1) standards for qualified loans and author4 ized payees; and 

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

6 of loan repayments.’’. 

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

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

9 Hydrographic Service Improvement Act of 1998, and for 

10 other purposes’’ (Public Law 107–372) is amended by in11 serting after the item relating to section 266 the following: 

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

12 SEC. 14. INTEREST PAYMENT PROGRAM. 

13 (a) IN GENERAL.—Subtitle E of title II of the Na14 tional Oceanic and Atmospheric Administration Commis15 sioned Officer Corps Act of 2002 (33 U.S.C. 3071 et seq.), 

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

17 at the end the following: 

18 ‘‘SEC. 268. INTEREST PAYMENT PROGRAM. 

19 ‘‘(a) AUTHORITY.—The Secretary may pay the inter20 est and any special allowances that accrue on 1 or more 

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

22 section. 

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

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

25 ‘‘(1) is serving on active duty; 


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

2 service on active duty; 

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

4 described in subsection (c); and 

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

6 ‘‘(c) STUDENT LOANS.—The authority to make pay7 ments under subsection (a) may be exercised with respect 

8 to the following loans: 

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

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

11 1965 (20 U.S.C. 1071 et seq.). 

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

13 (20 U.S.C. 1087a et seq.). 

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

15 (20 U.S.C. 1087aa et seq.). 

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

17 allowance may be paid on behalf of an officer under this 

18 section for any of the 36 consecutive months during which 

19 the officer is eligible under subsection (b). 

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

21 use amounts appropriated for the pay and allowances of 

22 personnel of the commissioned officer corps of the Admin23 istration for payments under this section. 

24 ‘‘(f) COORDINATION WITH SECRETARY OF EDU25 CATION.— 


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

2 with the Secretary of Education regarding the ad3 ministration of this section. 

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

5 shall transfer to the Secretary of Education the 

6 funds necessary— 

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

8 on student loans under this section (in accord9 ance with sections 428(o), 455(l), and 464(j) of 

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

11 1078(o), 1087e(l), and 1087dd(j)); and 

12 ‘‘(B) to reimburse the Secretary of Edu13 cation for any reasonable administrative costs 

14 incurred by the Secretary in coordinating the 

15 program under this section with the administra16 tion of the student loan programs under parts 

17 B, D, and E of title IV of the Higher Edu18 cation Act of 1965 (20 U.S.C. 1071 et seq., 

19 1087a et seq., 1087aa et seq.). 

20 ‘‘(g) SPECIAL ALLOWANCE DEFINED.—In this sec21 tion, the term ‘special allowance’ means a special allow22 ance that is payable under section 438 of the Higher Edu23 cation Act of 1965 (20 U.S.C. 1087–1).’’. 

24 (b) CONFORMING AMENDMENTS.—Sections 428(o), 

25 455(l), and 464(j) of the Higher Education Act of 1965 


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1 ((20 U.S.C. 1078(o), 1087e(l), and 1087dd(j)) are each 

2 amended— 

3 (1) by striking the subsection heading and in4 serting ‘‘ARMED FORCES AND NOAA COMMIS5 SIONED OFFICER CORPS STUDENT LOAN INTEREST

6 PAYMENT PROGRAMS’’; and 

7 (2) in paragraph (1)— 

8 (A) by inserting ‘‘or section 264 of the Na9 tional Oceanic and Atmospheric Administration 

10 Commissioned Officer Corps Act of 2002’’ after 

11 ‘‘Code,’’; and 

12 (B) by inserting ‘‘or an officer in the com13 missioned officer corps of the National Oceanic 

14 and Atmospheric Administration, respectively,’’ 

15 after ‘‘Armed Forces’’. 

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

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

18 Hydrographic Service Improvement Act of 1998, and for 

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

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

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

22 13(b), the following: 

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


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1 SEC. 15. STUDENT PRE-COMMISSIONING EDUCATION AS2 SISTANCE PROGRAM. 

3 (a) IN GENERAL.—Subtitle E of title II of the Na4 tional Oceanic and Atmospheric Administration Commis5 sioned Officer Corps Act of 2002 (33 U.S.C. 3071 et seq.), 

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

7 by adding at the end the following: 

8 ‘‘SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION AS9 SISTANCE PROGRAM. 

10 ‘‘(a) AUTHORITY TO PROVIDE FINANCIAL ASSIST11 ANCE.—For the purpose of maintaining adequate numbers 

12 of officers of the commissioned officer corps of the Admin13 istration on active duty, the Secretary may provide finan14 cial assistance to a person described in subsection (b) for 

15 expenses of the person while the person is pursuing on 

16 a full-time basis at an accredited educational institution 

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

18 of education approved by the Secretary that leads to— 

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

20 academic years; or 

21 ‘‘(2) a postbaccalaureate degree. 

22 ‘‘(b) ELIGIBLE PERSONS.— 

23 ‘‘(1) IN GENERAL.—A person is eligible to ob24 tain financial assistance under subsection (a) if the 

25 person— 


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

2 program of education referred to in subsection 

3 (a) at any educational institution described in 

4 such subsection; 

5 ‘‘(B) meets all of the requirements for ac6 ceptance into the commissioned officer corps of 

7 the Administration except for the completion of 

8 a baccalaureate degree; and 

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

10 the Secretary described in paragraph (2). 

11 ‘‘(2) AGREEMENT.—A written agreement re12 ferred to in paragraph (1)(C) is an agreement be13 tween the person and the Secretary in which the 

14 person agrees— 

15 ‘‘(A) to accept an appointment as an offi16 cer, if tendered; and 

17 ‘‘(B) upon completion of the person’s edu18 cational program, agrees to serve on active 

19 duty, immediately after appointment, for— 

20 ‘‘(i) up to 3 years if the person re21 ceived less than 3 years of assistance; and 

22 ‘‘(ii) up to 5 years if the person re23 ceived at least 3 years of assistance. 


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

2 financial assistance may be provided under subsection (a) 

3 are the following: 

4 ‘‘(1) Tuition and fees charged by the edu5 cational institution involved. 

6 ‘‘(2) The cost of books. 

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

8 leading to a baccalaureate degree, laboratory ex9 penses. 

10 ‘‘(4) Such other expenses as the Secretary con11 siders appropriate. 

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

13 prescribe the amount of financial assistance provided to 

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

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

16 States Code, for each year of obligated service that a per17 son agrees to serve in an agreement described in sub18 section (b)(2). 

19 ‘‘(e) DURATION OF ASSISTANCE.—Financial assist20 ance may be provided to a person under subsection (a) 

21 for not more than 5 consecutive academic years. 

22 ‘‘(f) SUBSISTENCE ALLOWANCE.— 

23 ‘‘(1) IN GENERAL.—A person who receives fi24 nancial assistance under subsection (a) shall be enti25 tled to a monthly subsistence allowance at a rate 


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1 prescribed under paragraph (2) for the duration of 

2 the period for which the person receives such finan3 cial assistance. 

4 ‘‘(2) DETERMINATION OF AMOUNT.—The Sec5 retary shall prescribe monthly rates for subsistence 

6 allowance provided under paragraph (1), which shall 

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

8 of title 10, United States Code. 

9 ‘‘(g) INITIAL CLOTHING ALLOWANCE.— 

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

11 a sum which shall be credited to each person who re12 ceives financial assistance under subsection (a) to 

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

14 equipment issue. 

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

16 program of education for which a person receives fi17 nancial assistance under subsection (a) and accept18 ance of appointment in the commissioned officer 

19 corps of the Administration, the person may be 

20 issued a subsequent clothing allowance equivalent to 

21 that normally provided to a newly appointed officer. 

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

23 ‘‘(1) IN GENERAL.—The Secretary shall termi24 nate the assistance provided to a person under this 

25 section if— 


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

2 the person to be released from an agreement 

3 described in subsection (b)(2); 

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

5 in a failure to complete the period of active 

6 duty required under the agreement; or 

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

8 condition of the agreement. 

9 ‘‘(2) REIMBURSEMENT.—The Secretary may re10 quire a person who receives assistance described in 

11 subsection (c), (f), or (g) under an agreement en12 tered into under subsection (b)(1)(C) to reimburse 

13 the Secretary in an amount that bears the same 

14 ratio to the total costs of the assistance provided to 

15 that person as the unserved portion of active duty 

16 bears to the total period of active duty the officer 

17 agreed to serve under the agreement. 

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

19 service obligation of a person through an agreement 

20 entered into under subsection (b)(1)(C) if the per21 son— 

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

23 duty in the commissioned officer corps of the 

24 Administration because of a circumstance not 

25 within the control of that person; or 


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1 ‘‘(B) is— 

2 ‘‘(i) not physically qualified for ap3 pointment; and 

4 ‘‘(ii) determined to be unqualified for 

5 service in the commissioned officer corps of 

6 the Administration because of a physical or 

7 medical condition that was not the result 

8 of the person’s own misconduct or grossly 

9 negligent conduct. 

10 ‘‘(4) OBLIGATION AS DEBT TO UNITED

11 STATES.—An obligation to reimburse the Secretary 

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

13 debt owed to the United States. 

14 ‘‘(5) DISCHARGE IN BANKRUPTCY.—A dis15 charge in bankruptcy under title 11, United States 

16 Code, that is entered less than 5 years after the ter17 mination of a written agreement entered into under 

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

19 signing the agreement from a debt arising under 

20 such agreement or under paragraph (2). 

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

22 such regulations and orders as the Secretary considers ap23 propriate to carry out this section.’’. 

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

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


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1 Hydrographic Service Improvement Act of 1998, and for 

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

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

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

5 14(c), the following: 

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

6 SEC. 16. APPLICABILITY OF CERTAIN PROVISIONS OF 

7 TITLE 37, UNITED STATES CODE. 

8 (a) IN GENERAL.—Subtitle E of title II of the Na9 tional Oceanic and Atmospheric Administration Commis10 sioned Officer Corps Act of 2002 (33 U.S.C. 3071 et seq.), 

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

12 by adding at the end the following: 

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

14 TITLE 37, UNITED STATES CODE. 

15 ‘‘(a) PROVISIONS MADE APPLICABLE TO COMMIS16 SIONED OFFICER CORPS.—The provisions of law applica17 ble to the Armed Forces under the following provisions 

18 of title 37, United States Code, shall apply to the commis19 sioned officer corps of the Administration: 

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

21 for new officers in critical skills. 

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

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

24 duty’. 


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1 ‘‘(3) Section 403(l), relating to temporary con2 tinuation of housing allowance for dependents of 

3 members dying on active duty. 

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

5 money allowance while serving as Director of the 

6 National Oceanic and Atmospheric Administration 

7 Commissioned Officer Corps. 

8 ‘‘(5) Section 428, relating to allowances for re9 cruiting expenses. 

10 ‘‘(6) Section 435, relating to allowances for fu11 neral honors duty. 

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

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

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

15 respect to the provisions of law referred to in subsection 

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

17 officer corps of the Administration when the commissioned 

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

19 by the Secretary of Commerce or the Secretary’s des20 ignee.’’. 

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

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

23 Hydrographic Service Improvement Act of 1998, and for 

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

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


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

2 15(b), the following: 

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

3 SEC. 17. APPLICATION OF CERTAIN PROVISIONS OF COM4 PETITIVE SERVICE LAW. 

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

6 amended— 

7 (1) in paragraph (1), by inserting ‘‘and mem8 bers of the commissioned officer corps of the Na9 tional Oceanic and Atmospheric Administration (or 

10 its predecessor organization the Coast and Geodetic 

11 Survey) separated from such uniformed service’’ 

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

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

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

15 (3) in paragraph (4), by inserting ‘‘and mem16 bers of the commissioned officer corps of the Na17 tional Oceanic and Atmospheric Administration (or 

18 its predecessor organization the Coast and Geodetic 

19 Survey) separated from such uniformed service’’ 

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

21 SEC. 18. ELIGIBILITY OF ALL MEMBERS OF UNIFORMED 

22 SERVICES FOR LEGION OF MERIT AWARD. 

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

24 amended by striking ‘‘armed forces’’ and inserting ‘‘uni25 formed services’’. 


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1 SEC. 19. APPLICATION OF EMPLOYMENT AND REEMPLOY2 MENT RIGHTS OF MEMBERS OF THE UNI3 FORMED SERVICES TO MEMBERS OF COM4 MISSIONED OFFICER CORPS. 

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

6 amended by inserting ‘‘the commissioned officer corps of 

7 the National Oceanic and Atmospheric Administration,’’ 

8 after ‘‘Public Health Service,’’. 

9 SEC. 20. PROTECTED COMMUNICATIONS FOR MEMBERS OF 

10 UNIFORMED SERVICES AND PROHIBITION OF 

11 RETALIATORY PERSONNEL ACTIONS. 

12 (a) IN GENERAL.—Section 1034 of title 10, United 

13 States Code, is amended— 

14 (1) in subsections (a) through (e), by striking 

15 ‘‘the armed forces’’ each places it appears and in16 serting ‘‘the uniformed services’’; 

17 (2) in subsection (c)(5)— 

18 (A) by striking ‘‘Department of Defense, 

19 or’’ and inserting ‘‘Department of Defense (in 

20 the case of a member of the armed forces),’’; 

21 and 

22 (B) by inserting ‘‘the Inspector General of 

23 the Department of Commerce (in the case of a 

24 member of the Commissioned Office Corps of 

25 the National Oceanic and Atmospheric Admin26 istration), or the Inspector General of the DeVerDate Mar 15 2010 03:05 May 02, 2012 Jkt 019200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S2388.IS S2388

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1 partment of Health and Human Services (in 

2 the case of a member of the commissioned 

3 corps of the Public Health Service)’’ after 

4 ‘‘Navy),’’; 

5 (3) in subsection (e), in paragraphs (1) and (3), 

6 by striking ‘‘to the Secretary of Defense (or to the 

7 Secretary of Homeland Security in the case of a 

8 member of the Coast Guard when the Coast Guard 

9 is not operating as a service in the Navy)’’ both 

10 places it appears and inserting ‘‘to the Secretary of 

11 Defense (in the case of a member of the armed 

12 forces), to the Secretary of Homeland Security (in 

13 the case of a member of the Coast Guard when the 

14 Coast Guard is not operating as a service in the 

15 Navy), to the Secretary of Commerce (in the case of 

16 a member of the Commissioned Office Corps of the 

17 National Oceanic and Atmospheric Administration), 

18 or the Secretary of Health and Human Services (in 

19 the case of a member of the commissioned corps of 

20 the Public Health Service)’’; 

21 (4) in subsection (h)— 

22 (A) by striking ‘‘and’’ after ‘‘of Defense,’’; 

23 and 

24 (B) by inserting ‘‘the Secretary of Com25 merce with respect to the commissioned officer 


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1 corps of the National Oceanic and Atmospheric 

2 Administration, and the Secretary of Health 

3 and Human Services with respect to the com4 missioned corps of the Public Health Service’’ 

5 after ‘‘Navy,’’; and 

6 (5) in subsection (i)— 

7 (A) in subparagraph (A), by inserting ‘‘, in 

8 the case of a member of the armed forces’’ be9 fore the period at the end; and 

10 (B) by striking subparagraph (C) and in11 serting the following: 

12 ‘‘(C) The Inspector General of the Depart13 ment of Commerce, in the case of a member of 

14 the commissioned officer corps of the National 

15 Oceanic and Atmospheric Administration. 

16 ‘‘(D) The Inspector General of the Depart17 ment of Health and Human Services, in the 

18 case of a member of the commissioned corps of 

19 the Public Health Service. 

20 ‘‘(E) Any officer of the uniformed services 

21 or employee of the Department of Defense, the 

22 Department of Commerce, or the Department 

23 of Health and Human Services who is assigned 

24 or detailed to serve as an Inspector General at 

25 any level in the Department of Defense, DeVerDate Mar 15 2010 03:05 May 02, 2012 Jkt 019200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S2388.IS S2388

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1 partment of Commerce, or Department of 

2 Health and Human Services.’’. 

3 (b) EFFECTIVE DATE.—The amendments made by 

4 subsection (a) shall apply with respect to any unfavorable 

5 personnel action taken or threatened, and any withholding 

6 of or threat to withhold a favorable personnel action, on 

7 or after the date of the enactment of this Act. 

8 SEC. 21. CRIMINAL PENALTIES FOR WEARING UNIFORM 

9 WITHOUT AUTHORITY. 

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

11 amended by striking ‘‘Service or any’’ and inserting ‘‘Serv12 ice, the commissioned officer corps of the National Oce13 anic and Atmospheric Administration, or any’’. 

14 SEC. 22. REPORT ON STATUS OF OFFICERS IN COMMIS15 SIONED OFFICER CORPS OF NATIONAL OCE16 ANIC AND ATMOSPHERIC ADMINISTRATION 

17 AND PUBLIC HEALTH SERVICE DURING GOV18 ERNMENT SHUTDOWNS. 

19 Not later than 60 days after the date of the enact20 ment of this Act, the Attorney General shall submit to 

21 Congress a report that details whether officers of the com22 missioned officer corps of the National Oceanic and At23 mospheric Administration and the Public Health Service 

24 are treated as performing an essential level of activity to 


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1 protect life and property during any period of a lapse in 

2 appropriations. 

3 SEC. 23. TECHNICAL CORRECTION. 

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

5 is amended by inserting ‘‘in the commissioned officer 

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

Æ 


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