II 

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. 

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

mstockstill on DSK4VPTVN1PROD with BILLS

2 

•S 2388 RS

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Strength and distribution in grade. 

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

Sec. 4. Obligated service requirement. 

Sec. 5. Training and physical fitness. 

Sec. 6. Appointments. 

Sec. 7. Personnel boards. 

Sec. 8. Temporary appointments. 

Sec. 9. Officer candidates. 

Sec. 10. Involuntary retirement or separation. 

Sec. 11. Separation pay. 

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

Sec. 13. Education loan repayment program. 

Sec. 14. Interest payment program. 

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

Sec. 16. 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. 

7 SEC. 2. STRENGTH AND DISTRIBUTION IN GRADE. 

8 Section 214 of the National Oceanic and Atmospheric 

9 Administration Commissioned Officer Corps Act of 2002 

10 (33 U.S.C. 3004) is amended to read as follows: 

mstockstill on DSK4VPTVN1PROD with BILLS

3 

•S 2388 RS

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

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

5 ‘‘(1) Vice admiral. 

6 ‘‘(2) Rear admiral. 

7 ‘‘(3) Rear admiral (lower half). 

8 ‘‘(4) Captain. 

9 ‘‘(5) Commander. 

10 ‘‘(6) Lieutenant commander. 

11 ‘‘(7) Lieutenant. 

12 ‘‘(8) Lieutenant (junior grade). 

13 ‘‘(9) Ensign. 

14 ‘‘(b) PROPORTION.— 

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

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

18 ‘‘(A) 8 in the grade of captain. 

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

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

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

25 the percentages applicable to the grades of lieuten26 ant, lieutenant (junior grade), and ensign. 

mstockstill on DSK4VPTVN1PROD with BILLS

4 

•S 2388 RS

1 ‘‘(c) ANNUAL COMPUTATION OF NUMBER IN

2 GRADE.— 

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

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

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

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

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

13 computing the authorized number of officers in a 

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

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

16 shall be taken. 

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

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

19 lineal list during a fiscal year may be temporarily exceeded 

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

21 does not exceed the authorized number. 

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

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

25 shall not be counted when computing authorized strengths 

mstockstill on DSK4VPTVN1PROD with BILLS

5 

•S 2388 RS

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

2 strengths. 

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

5 the commissioned officer corps of the Administration as 

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

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

11 OF AUTHORIZED COMMISSIONED OFFICERS. 

12 Section 215 of the National Oceanic and Atmospheric 

13 Administration Commissioned Officer Corps Act of 2002 

14 (33 U.S.C. 3005) is amended— 

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

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

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

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

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

22 section 228 and officers recalled from retired status— 

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

24 total number of authorized officers on the lineal list 

25 under this section; and 

mstockstill on DSK4VPTVN1PROD with BILLS

6 

•S 2388 RS

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

2 SEC. 4. OBLIGATED SERVICE REQUIREMENT. 

3 (a) IN GENERAL.—Subtitle A of the National Oce4 anic and Atmospheric Administration Commissioned Offi5 cer Corps Act of 2002 (33 U.S.C. 3001 et seq.) is amend6 ed by adding at the end the following: 

7 ‘‘SEC. 216. OBLIGATED SERVICE REQUIREMENT. 

8 ‘‘(a) IN GENERAL.— 

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

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

15 and officers shall enter into written agreements that 

16 describe the officers’ obligated service requirements 

17 prescribed under paragraph (1) in return for such 

18 appointments, training, promotions, separations, and 

19 retirements as the Secretary considers appropriate. 

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

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

23 an officer who fails to meet the service requirements 

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

25 Secretary in an amount that bears the same ratio to 

mstockstill on DSK4VPTVN1PROD with BILLS

7 

•S 2388 RS

1 the total costs of the training provided to that offi2 cer by the Secretary as the unserved portion of ac3 tive duty bears to the total period of active duty the 

4 officer agreed to serve. 

5 ‘‘(2) OBLIGATION AS DEBT TO UNITED

6 STATES.—An obligation to reimburse the Secretary 

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

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

11 less than 5 years after the termination of a written 

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

13 not discharge the individual signing the agreement 

14 from a debt arising under such agreement. 

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

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

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

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

21 the control of that officer; or 

22 ‘‘(2) is— 

23 ‘‘(A) not physically qualified for appoint24 ment; and 

mstockstill on DSK4VPTVN1PROD with BILLS

8 

•S 2388 RS

1 ‘‘(B) determined to be unqualified for serv2 ice in the commissioned officer corps of the Ad3 ministration because of a physical or medical 

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

5 own misconduct or grossly negligent conduct.’’. 

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

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

8 Hydrographic Service Improvement Act of 1998, and for 

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

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

11 SEC. 5. TRAINING AND PHYSICAL FITNESS. 

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

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

16 at the end the following: 

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

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

21 corps of the Administration and proficient in the skills 

22 necessary to carry out such duties. Such measures may 

23 include the following: 

24 ‘‘(1) Carrying out training programs and cor25 respondence courses, including establishing and opmstockstill on DSK4VPTVN1PROD with BILLS

9 

•S 2388 RS

1 erating a basic officer training program to provide 

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

5 other training as the Secretary considers necessary 

6 for officer development and proficiency. 

7 ‘‘(2) Providing officers and officer candidates 

8 with books and school supplies. 

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

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

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

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

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

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

19 Hydrographic Service Improvement Act of 1998, and for 

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

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

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

23 5(b), the following: 

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

24 SEC. 6. APPOINTMENTS. 

25 (a) ORIGINAL APPOINTMENTS.— 

mstockstill on DSK4VPTVN1PROD with BILLS

10 

•S 2388 RS

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

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

4 is amended to read as follows: 

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

7 ‘‘(a) ORIGINAL APPOINTMENTS.— 

8 ‘‘(1) GRADES.— 

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

10 subparagraph (B), an original appointment of 

11 an officer may be made in such grades as may 

12 be appropriate for— 

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

14 length of service of the appointee; and 

15 ‘‘(ii) the commissioned officer corps of 

16 the Administration. 

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

19 ‘‘(i) LIMITATION ON GRADE.—An 

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

23 officer corps of the Administration, may 

24 not be made in any other grade than en25 sign. 

mstockstill on DSK4VPTVN1PROD with BILLS

11 

•S 2388 RS

1 ‘‘(ii) RANK.—Officer candidates re2 ceiving appointments as ensigns upon 

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

5 proficiency as shown by the order of their 

6 merit at date of graduation. 

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

8 appointment may be made from among the fol9 lowing: 

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

12 of the Administration. 

13 ‘‘(B) Graduates of the military service 

14 academies of the United States who otherwise 

15 meet the academic standards for enrollment in 

16 the training program described in subparagraph 

17 (A). 

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

19 merchant marine who have served 2 or more 

20 years aboard a vessel of the United States in 

21 the capacity of a licensed officer, who otherwise 

22 meet the academic standards for enrollment in 

23 the training program described in subparagraph 

24 (A). 

mstockstill on DSK4VPTVN1PROD with BILLS

12 

•S 2388 RS

1 ‘‘(3) MILITARY SERVICE ACADEMIES OF THE

2 UNITED STATES DEFINED.—In this subsection, the 

3 term ‘military service academies of the United 

4 States’ means the following: 

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

6 West Point, New York. 

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

8 Annapolis, Maryland. 

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

11 ‘‘(D) The United States Coast Guard 

12 Academy, New London, Connecticut. 

13 ‘‘(E) The United States Merchant Marine 

14 Academy, Kings Point, New York. 

15 ‘‘(b) REAPPOINTMENT.— 

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

18 commissioned officer corps of the Administration 

19 may be appointed by the Secretary to the grade the 

20 individual held prior to separation. 

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

22 An appointment under paragraph (1) to a position 

23 of importance and responsibility designated under 

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

25 and with the advice and consent of the Senate. 

mstockstill on DSK4VPTVN1PROD with BILLS

13 

•S 2388 RS

1 ‘‘(c) QUALIFICATIONS.—An appointment under sub2 section (a) or (b) may not be given to an individual until 

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

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

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

8 under this section shall take precedence in the grade to 

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

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

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions in section 1 of the Act entitled ‘‘An Act to au16 thorize the Hydrographic Service Improvement Act 

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

18 372) is amended by striking the item relating to sec19 tion 221 and inserting the following: 

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

20 (b) APPOINTMENTS TO PERMANENT GRADES.—Sec21 tion 226 of such Act (33 U.S.C. 3026) is amended by 

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

23 the following: 

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

25 under section 221 in and promotions to the grades of lieumstockstill on DSK4VPTVN1PROD with BILLS

14 

•S 2388 RS

1 tenant commander and above shall be made by the Presi2 dent, by and with the advice and consent of the Senate. 

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

4 section 221 in and promotions to the grades of ensign 

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

6 SEC. 7. PERSONNEL BOARDS. 

7 Section 222 of the National Oceanic and Atmospheric 

8 Administration Commissioned Officer Corps Act of 2002 

9 (33 U.S.C. 3022) is amended to read as follows: 

10 ‘‘SEC. 222. PERSONNEL BOARDS. 

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

12 each year and at such other times as the Secretary deter13 mines necessary, the Secretary shall convene a personnel 

14 board. 

15 ‘‘(b) MEMBERSHIP.— 

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

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

18 are serving in or above the permanent grade of the 

19 officers under consideration by the board. 

20 ‘‘(2) RETIRED OFFICERS.—Officers on the re21 tired list may be recalled to serve on such personnel 

22 boards as the Secretary considers necessary. 

23 ‘‘(3) NO MEMBERSHIP ON 2 SUCCESSIVE

24 BOARDS.—No officer may be a member of 2 succesmstockstill on DSK4VPTVN1PROD with BILLS

15 

•S 2388 RS

1 sive personnel boards convened to consider officers 

2 of the same grade for promotion or separation. 

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

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

5 as may be necessary to correct any erroneous posi6 tion on the lineal list that was caused by administra7 tive error; and 

8 ‘‘(2) make selections and recommendations to 

9 the Secretary and the President for the appoint10 ment, promotion, involuntary separation, continu11 ation, and involuntary retirement of officers in the 

12 commissioned officer corps of the Administration as 

13 prescribed in this title. 

14 ‘‘(d) ACTION ON RECOMMENDATIONS NOT ACCEPT15 ABLE.—If any recommendation by a board convened 

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

17 the President, the board shall make such further rec18 ommendations as the Secretary or the President consider 

19 appropriate.’’. 

20 SEC. 8. TEMPORARY APPOINTMENTS. 

21 Section 229 of the National Oceanic and Atmospheric 

22 Administration Commissioned Officer Corps Act of 2002 

23 (33 U.S.C. 3029) is amended to read as follows: 

mstockstill on DSK4VPTVN1PROD with BILLS

16 

•S 2388 RS

1 ‘‘SEC. 229. TEMPORARY APPOINTMENTS. 

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

3 appointments in the grade of ensign, lieutenant junior 

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

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

6 position under subsection (a) shall terminate upon ap7 proval of a permanent appointment for such position made 

8 by the President alone. 

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

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

11 appointed in accordance with the dates of their appoint12 ments as officers in such grade. The order of precedence 

13 of appointees who are appointed on the same date shall 

14 be determined by the Secretary. 

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

16 Secretary to be in the best interest of the commissioned 

17 officer corps, officers in any permanent grade may be tem18 porarily promoted one grade by the President alone. Any 

19 such temporary promotion terminates upon the transfer 

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

21 SEC. 9. OFFICER CANDIDATES. 

22 (a) IN GENERAL.—Subtitle B of title II of the Na23 tional Oceanic and Atmospheric Administration Commis24 sioned Officer Corps Act of 2002 (33 U.S.C. 3021 et seq.) 

25 is amended by adding at the end the following: 

mstockstill on DSK4VPTVN1PROD with BILLS

17 

•S 2388 RS

1 ‘‘SEC. 234. OFFICER CANDIDATES. 

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

3 shall determine the number of appointments of officer can4 didates. 

5 ‘‘(b) APPOINTMENT.—Appointment of officer can6 didates shall be made under regulations which the Sec7 retary shall prescribe, including regulations with respect 

8 to determining age limits, methods of selection of officer 

9 candidates, term of service as an officer candidate before 

10 graduation from the program, and all other matters af11 fecting such appointment. 

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

13 the basic officer training program of the Administration 

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

15 term as an officer candidate, the Secretary considers un16 satisfactory in either academics or conduct, or not adapted 

17 for a career in the commissioned officer corps of the Ad18 ministration. Officer candidates shall be subject to rules 

19 governing discipline prescribed by the Director of the Na20 tional Oceanic and Atmospheric Administration Commis21 sioned Officer Corps. 

22 ‘‘(d) AGREEMENT.— 

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

24 shall sign an agreement with the Secretary in ac25 cordance with section 216(a)(2) regarding the officer 

mstockstill on DSK4VPTVN1PROD with BILLS

18 

•S 2388 RS

1 candidate’s term of service in the commissioned offi2 cer corps of the Administration. 

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

4 officer candidate under paragraph (1) shall provide 

5 that the officer candidate agrees to the following: 

6 ‘‘(A) That the officer candidate will com7 plete the course of instruction at the basic offi8 cer training program of the Administration. 

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

10 program, the officer candidate— 

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

12 tendered, as an officer; and 

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

14 least 4 years immediately after such ap15 pointment. 

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

17 regulations to carry out this section. Such regulations 

18 shall include— 

19 ‘‘(1) standards for determining what constitutes 

20 a breach of an agreement signed under such sub21 section (d)(1); and 

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

23 breach has occurred. 

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

25 officer candidate who does not fulfill the terms of the oblimstockstill on DSK4VPTVN1PROD with BILLS

19 

•S 2388 RS

1 gation to serve as specified under section (d) shall be sub2 ject to the repayment provisions of section 216(b).’’. 

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

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

5 Hydrographic Service Improvement Act of 1998, and for 

6 other purposes’’ (Public Law 107–372) is amended by in7 serting after the item relating to section 233 the following: 

‘‘Sec. 234. Officer candidates.’’. 

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

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

10 (1) by redesignating paragraphs (4) through 

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

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

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

15 candidate’ means an individual who is enrolled in the 

16 basic officer training program of the Administration 

17 and is under consideration for appointment as an of18 ficer under section 221(a)(2)(A).’’. 

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

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

21 end the following: 

22 ‘‘(f)(1) An officer candidate enrolled in the basic offi23 cer training program of the commissioned officer corps of 

24 the National Oceanic and Atmospheric Administration is 

25 entitled, while participating in such program, to monthly 

mstockstill on DSK4VPTVN1PROD with BILLS

20 

•S 2388 RS

1 officer candidate pay at monthly rate equal to the basic 

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

3 than two years service. 

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

5 shall receive credit for the time spent participating in such 

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

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

8 graduate from such program, such time shall not be con9 sidered creditable for active duty or pay.’’. 

10 SEC. 10. INVOLUNTARY RETIREMENT OR SEPARATION. 

11 Section 241 of the National Oceanic and Atmospheric 

12 Administration Commissioned Officer Corps Act of 2002 

13 (33 U.S.C. 3041) is amended by adding at the end the 

14 following: 

15 ‘‘(d) DEFERMENT OF RETIREMENT OR SEPARATION

16 FOR MEDICAL REASONS.— 

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

18 that the evaluation of the medical condition of an of19 ficer requires hospitalization or medical observation 

20 that cannot be completed with confidence in a man21 ner consistent with the officer’s well being before the 

22 date on which the officer would otherwise be re23 quired to retire or be separated under this section, 

24 the Secretary may defer the retirement or separation 

25 of the officer. 

mstockstill on DSK4VPTVN1PROD with BILLS

21 

•S 2388 RS

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.’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

22 

•S 2388 RS

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 

mstockstill on DSK4VPTVN1PROD with BILLS

23 

•S 2388 RS

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. 

mstockstill on DSK4VPTVN1PROD with BILLS

24 

•S 2388 RS

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 

mstockstill on DSK4VPTVN1PROD with BILLS

25 

•S 2388 RS

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. 

mstockstill on DSK4VPTVN1PROD with BILLS

26 

•S 2388 RS

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. 

mstockstill on DSK4VPTVN1PROD with BILLS

27 

•S 2388 RS

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; 

mstockstill on DSK4VPTVN1PROD with BILLS

28 

•S 2388 RS

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.— 

mstockstill on DSK4VPTVN1PROD with BILLS

29 

•S 2388 RS

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 

mstockstill on DSK4VPTVN1PROD with BILLS

30 

•S 2388 RS

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.’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

31 

•S 2388 RS

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— 

mstockstill on DSK4VPTVN1PROD with BILLS

32 

•S 2388 RS

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. 

mstockstill on DSK4VPTVN1PROD with BILLS

33 

•S 2388 RS

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 

mstockstill on DSK4VPTVN1PROD with BILLS

34 

•S 2388 RS

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— 

mstockstill on DSK4VPTVN1PROD with BILLS

35 

•S 2388 RS

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 

mstockstill on DSK4VPTVN1PROD with BILLS

36 

•S 2388 RS

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 

mstockstill on DSK4VPTVN1PROD with BILLS

37 

•S 2388 RS

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’. 

mstockstill on DSK4VPTVN1PROD with BILLS

38 

•S 2388 RS

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 

mstockstill on DSK4VPTVN1PROD with BILLS

39 

•S 2388 RS

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’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

40 

•S 2388 RS

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 Demstockstill on DSK4VPTVN1PROD with BILLS

41 

•S 2388 RS

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 

mstockstill on DSK4VPTVN1PROD with BILLS

42 

•S 2388 RS

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, Demstockstill on DSK4VPTVN1PROD with BILLS

43 

•S 2388 RS

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 

mstockstill on DSK4VPTVN1PROD with BILLS

44 

•S 2388 RS

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’’. 

7 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

8 (a) SHORT TITLE.—This Act may be cited as the ‘‘Na9 tional Oceanic and Atmospheric Administration Commis10 sioned Officer Corps Amendments Act of 2012’’. 

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

12 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. 

mstockstill on DSK4VPTVN1PROD with BILLS

45 

•S 2388 RS

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. 

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. 

13 ‘‘(5) Commander. 

14 ‘‘(6) Lieutenant commander. 

15 ‘‘(7) Lieutenant. 

16 ‘‘(8) Lieutenant (junior grade). 

17 ‘‘(9) Ensign. 

18 ‘‘(b) PROPORTION.— 

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

20 shall be distributed in grade in the following percent21 ages: 

22 ‘‘(A) 8 in the grade of captain. 

mstockstill on DSK4VPTVN1PROD with BILLS

46 

•S 2388 RS

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

2 ‘‘(C) 19 in the grade of lieutenant com3 mander. 

4 ‘‘(2) GRADES BELOW LIEUTENANT COM5 MANDER.—The Secretary shall prescribe, with respect 

6 to the distribution on the lineal list in grade, the per7 centages applicable to the grades of lieutenant, lieu8 tenant (junior grade), and ensign. 

9 ‘‘(c) ANNUAL COMPUTATION OF NUMBER IN GRADE.— 

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

11 each year, the Secretary shall make a computation to 

12 determine the number of officers on the lineal list au13 thorized to be serving in each grade. 

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

15 in each grade shall be computed by applying the ap16 plicable percentage to the total number of such officers 

17 serving on active duty on the date the computation is 

18 made. 

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

20 computing the authorized number of officers in a 

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

fraction is 1 22 ⁄2, the next higher whole number shall be 

23 taken. 

24 ‘‘(d) TEMPORARY INCREASE IN NUMBERS.—The total 

25 number of officers authorized by law to be on the lineal list 

mstockstill on DSK4VPTVN1PROD with BILLS

47 

•S 2388 RS

1 during a fiscal year may be temporarily exceeded if the av2 erage number on that list during that fiscal year does not 

3 exceed the authorized number. 

4 ‘‘(e) POSITIONS OF IMPORTANCE AND RESPONSI5 BILITY.—Officers serving in positions designated under sec6 tion 228(a) and officers recalled from retired status shall 

7 not be counted when computing authorized strengths under 

8 subsection (c) and shall not count against those strengths. 

9 ‘‘(f) PRESERVATION OF GRADE AND PAY.—No officer 

10 may be reduced in grade or pay or separated from the com11 missioned officer corps of the Administration as the result 

12 of a computation made to determine the authorized number 

13 of officers in the various grades.’’. 

14 SEC. 3. EXCLUSION OF OFFICERS RECALLED FROM RE15 TIRED STATUS AND POSITIONS OF IMPOR16 TANCE AND RESPONSIBILITY FROM NUMBER 

17 OF AUTHORIZED COMMISSIONED OFFICERS. 

18 Section 215 of the National Oceanic and Atmospheric 

19 Administration Commissioned Officer Corps Act of 2002 

20 (33 U.S.C. 3005) is amended— 

21 (1) in the matter before paragraph (1), by strik22 ing ‘‘Effective’’ and inserting the following: 

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

24 (2) by adding at the end the following new sub25 section: 

mstockstill on DSK4VPTVN1PROD with BILLS

48 

•S 2388 RS

1 ‘‘(b) POSITIONS OF IMPORTANCE AND RESPONSI2 BILITY.—Officers serving in positions designated under sec3 tion 228 and officers recalled from retired status— 

4 ‘‘(1) may not be counted in determining the total 

5 number of authorized officers on the lineal list under 

6 this section; and 

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

8 SEC. 4. OBLIGATED SERVICE REQUIREMENT. 

9 (a) IN GENERAL.—Subtitle A of title II of the National 

10 Oceanic and Atmospheric Administration Commissioned 

11 Officer Corps Act of 2002 (33 U.S.C. 3001 et seq.) is amend12 ed by adding at the end the following: 

13 ‘‘SEC. 216. OBLIGATED SERVICE REQUIREMENT. 

14 ‘‘(a) IN GENERAL.— 

15 ‘‘(1) RULEMAKING.—The Secretary shall pre16 scribe the obligated service requirements for appoint17 ments, training, promotions, separations, continu18 ations, and retirement of officers not otherwise cov19 ered by law. 

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

21 and officers shall enter into written agreements that 

22 describe the officers’ obligated service requirements 

23 prescribed under paragraph (1) in return for such ap24 pointments, training, promotions, separations, and 

25 retirements as the Secretary considers appropriate. 

mstockstill on DSK4VPTVN1PROD with BILLS

49 

•S 2388 RS

1 ‘‘(b) REPAYMENT FOR FAILURE TO SATISFY REQUIRE2 MENTS.— 

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

4 an officer who fails to meet the service requirements 

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

6 Secretary in an amount that bears the same ratio to 

7 the total costs of the training provided to that officer 

8 by the Secretary as the unserved portion of active 

9 duty bears to the total period of active duty the officer 

10 agreed to serve. 

11 ‘‘(2) OBLIGATION AS DEBT TO UNITED STATES.— 

12 An obligation to reimburse the Secretary under para13 graph (1) shall be considered for all purposes as a 

14 debt owed to the United States. 

15 ‘‘(3) DISCHARGE IN BANKRUPTCY.—A discharge 

16 in bankruptcy under title 11 that is entered less than 

17 5 years after the termination of a written agreement 

18 entered into under subsection (a)(2) does not dis19 charge the individual signing the agreement from a 

20 debt arising under such agreement. 

21 ‘‘(c) WAIVER OR SUSPENSION OF COMPLIANCE.—The 

22 Secretary may waive the service obligation of an officer 

23 who— 

24 ‘‘(1) becomes unqualified to serve on active duty 

25 in the commissioned officer corps of the Administramstockstill on DSK4VPTVN1PROD with BILLS

50 

•S 2388 RS

1 tion because of a circumstance not within the control 

2 of that officer; or 

3 ‘‘(2) is— 

4 ‘‘(A) not physically qualified for appoint5 ment; and 

6 ‘‘(B) determined to be unqualified for serv7 ice in the commissioned officer corps of the Ad8 ministration because of a physical or medical 

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

10 own misconduct or grossly negligent conduct.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections in 

12 section 1 of the Act entitled ‘‘An Act to authorize the Hydro13 graphic Service Improvement Act of 1998, and for other 

14 purposes’’ (Public Law 107–372) is amended by inserting 

15 after the item relating to section 215 the following: 

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

16 SEC. 5. TRAINING AND PHYSICAL FITNESS. 

17 (a) IN GENERAL.—Subtitle A of title II of the National 

18 Oceanic and Atmospheric Administration Commissioned 

19 Officer Corps Act of 2002 (33 U.S.C. 3001 et seq.), as 

20 amended by section 5, is further amended by adding at the 

21 end the following: 

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

23 ‘‘(a) TRAINING.—The Secretary may take such meas24 ures as may be necessary to ensure that officers are pre25 pared to carry out their duties in the commissioned officer 

mstockstill on DSK4VPTVN1PROD with BILLS

51 

•S 2388 RS

1 corps of the Administration and proficient in the skills nec2 essary to carry out such duties. Such measures may include 

3 the following: 

4 ‘‘(1) Carrying out training programs and cor5 respondence courses, including establishing and oper6 ating a basic officer training program to provide ini7 tial indoctrination and maritime vocational training 

8 for officer candidates as well as refresher training, 

9 mid-career training, aviation training, and such 

10 other training as the Secretary considers necessary for 

11 officer development and proficiency. 

12 ‘‘(2) Providing officers and officer candidates 

13 with books and school supplies. 

14 ‘‘(3) Acquiring such equipment as may be nec15 essary for training and instructional purposes. 

16 ‘‘(b) PHYSICAL FITNESS.—The Secretary shall ensure 

17 that officers maintain a high physical state of readiness in 

18 preparation for functioning as a service in the Navy during 

19 times of war, including by establishing standards of phys20 ical fitness for officers that are substantially equivalent to 

21 those prescribed for officers in the Navy.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections in 

23 section 1 of the Act entitled ‘‘An Act to authorize the Hydro24 graphic Service Improvement Act of 1998, and for other 

25 purposes’’ (Public Law 107–372), as amended by section 

mstockstill on DSK4VPTVN1PROD with BILLS

52 

•S 2388 RS

1 4(b), is further amended by inserting after the item relating 

2 to section 216, as added by such section 4(b), the following: 

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

3 SEC. 6. APPOINTMENTS. 

4 (a) ORIGINAL APPOINTMENTS.— 

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

6 Oceanic and Atmospheric Administration Commis7 sioned Officer Corps Act of 2002 (33 U.S.C. 3021) is 

8 amended to read as follows: 

9 ‘‘SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINT10 MENTS. 

11 ‘‘(a) ORIGINAL APPOINTMENTS.— 

12 ‘‘(1) GRADES.— 

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

14 subparagraph (B), an original appointment of 

15 an officer may be made in such grades as may 

16 be appropriate for— 

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

18 length of service of the appointee; and 

19 ‘‘(ii) the commissioned officer corps of 

20 the Administration. 

21 ‘‘(B) APPOINTMENT OF OFFICER CAN22 DIDATES.— 

23 ‘‘(i) LIMITATION ON GRADE.—An origi24 nal appointment of an officer candidate, 

25 upon graduation from the basic officer 

mstockstill on DSK4VPTVN1PROD with BILLS

53 

•S 2388 RS

1 training program of the commissioned offi2 cer corps of the Administration, may not be 

3 made in any other grade than ensign. 

4 ‘‘(ii) RANK.—Officer candidates receiv5 ing appointments as ensigns upon gradua6 tion from basic officer training program 

7 shall take rank according to their pro8 ficiency as shown by the order of their merit 

9 at date of graduation. 

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

11 appointment may be made from among the following: 

12 ‘‘(A) Graduates of the basic officer training 

13 program of the commissioned officer corps of the 

14 Administration. 

15 ‘‘(B) Graduates of the military service 

16 academies of the United States who otherwise 

17 meet the academic standards for enrollment in 

18 the training program described in subparagraph 

19 (A). 

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

21 merchant marine who have served 2 or more 

22 years aboard a vessel of the United States in the 

23 capacity of a licensed officer, who otherwise meet 

24 the academic standards for enrollment in the 

mstockstill on DSK4VPTVN1PROD with BILLS

54 

•S 2388 RS

1 training program described in subparagraph 

2 (A). 

3 ‘‘(3) MILITARY SERVICE ACADEMIES OF THE

4 UNITED STATES DEFINED.—In this subsection, the 

5 term ‘military service academies of the United States’ 

6 means the following: 

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

8 West Point, New York. 

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

10 Annapolis, Maryland. 

11 ‘‘(C) The United States Air Force Academy, 

12 Colorado Springs, Colorado. 

13 ‘‘(D) The United States Coast Guard Acad14 emy, New London, Connecticut. 

15 ‘‘(E) The United States Merchant Marine 

16 Academy, Kings Point, New York. 

17 ‘‘(b) REAPPOINTMENT.— 

18 ‘‘(1) IN GENERAL.—Except as provided in para19 graph (2), an individual who previously served in the 

20 commissioned officer corps of the Administration may 

21 be appointed by the Secretary to the grade the indi22 vidual held prior to separation. 

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

24 An appointment under paragraph (1) to a position of 

25 importance and responsibility designated under secmstockstill on DSK4VPTVN1PROD with BILLS

55 

•S 2388 RS

1 tion 228 may only be made by the President, by and 

2 with the advice and consent of the Senate. 

3 ‘‘(c) QUALIFICATIONS.—An appointment under sub4 section (a) or (b) may not be given to an individual until 

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

6 fitness to perform the duties of an officer has been estab7 lished under such regulations as the Secretary shall pre8 scribe. 

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

10 under this section shall take precedence in the grade to 

11 which appointed in accordance with the dates of their com12 missions as commissioned officers in such grade. Appointees 

13 whose dates of commission are the same shall take prece14 dence with each other as the Secretary shall determine. 

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

16 transfers (as described in the Department of Defense Direc17 tive 1300.4 (dated December 27, 2006)) the Secretary 

18 shall— 

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

20 and the Secretary of the Department in which the 

21 Coast Guard is operating to promote and streamline 

22 inter-service transfers; 

23 ‘‘(2) give preference to such inter-service trans24 fers for recruitment purposes as determined appro25 priate by the Secretary; and 

mstockstill on DSK4VPTVN1PROD with BILLS

56 

•S 2388 RS

1 ‘‘(3) reappoint such inter-service transfers to the 

2 equivalent grade in the commissioned officer corps.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions in section 1 of the Act entitled ‘‘An Act to au5 thorize the Hydrographic Service Improvement Act of 

6 1998, and for other purposes’’ (Public Law 107–372) 

7 is amended by striking the item relating to section 

8 221 and inserting the following: 

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

9 (b) APPOINTMENTS TO PERMANENT GRADES.—Section 

10 226 of such Act (33 U.S.C. 3026) is amended by striking 

11 ‘‘Appointments’’ and all that follows and inserting the fol12 lowing: 

13 ‘‘(a) HIGHER GRADES.—Original appointments under 

14 section 221 in and promotions to the grades of lieutenant 

15 commander and above shall be made by the President, by 

16 and with the advice and consent of the Senate. 

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

18 section 221 in and promotions to the grades of ensign 

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

20 SEC. 7. PERSONNEL BOARDS. 

21 Section 222 of the National Oceanic and Atmospheric 

22 Administration Commissioned Officer Corps Act of 2002 

23 (33 U.S.C. 3022) is amended to read as follows: 

mstockstill on DSK4VPTVN1PROD with BILLS

57 

•S 2388 RS

1 ‘‘SEC. 222. PERSONNEL BOARDS. 

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

3 year and at such other times as the Secretary determines 

4 necessary, the Secretary shall convene a personnel board. 

5 ‘‘(b) MEMBERSHIP.— 

6 ‘‘(1) IN GENERAL.—A board convened under sub7 section (a) shall consist of 5 or more officers who are 

8 serving in or above the permanent grade of the offi9 cers under consideration by the board. 

10 ‘‘(2) RETIRED OFFICERS.—Officers on the retired 

11 list may be recalled to serve on such personnel boards 

12 as the Secretary considers necessary. 

13 ‘‘(3) NO MEMBERSHIP ON 2 SUCCESSIVE

14 BOARDS.—No officer may be a member of 2 successive 

15 personnel boards convened to consider officers of the 

16 same grade for promotion or separation. 

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

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

19 may be necessary to correct any erroneous position on 

20 the lineal list that was caused by administrative 

21 error; and 

22 ‘‘(2) make selections and recommendations to the 

23 Secretary and the President for the appointment, pro24 motion, involuntary separation, continuation, and 

25 involuntary retirement of officers in the commissioned 

mstockstill on DSK4VPTVN1PROD with BILLS

58 

•S 2388 RS

1 officer corps of the Administration as prescribed in 

2 this title. 

3 ‘‘(d) ACTION ON RECOMMENDATIONS NOT ACCEPT4 ABLE.—If any recommendation by a board convened under 

5 subsection (a) is not accepted by the Secretary or the Presi6 dent, the board shall make such further recommendations 

7 as the Secretary or the President consider appropriate.’’. 

8 SEC. 8. TEMPORARY APPOINTMENTS. 

9 Section 229 of the National Oceanic and Atmospheric 

10 Administration Commissioned Officer Corps Act of 2002 

11 (33 U.S.C. 3029) is amended to read as follows: 

12 ‘‘SEC. 229. TEMPORARY APPOINTMENTS. 

13 ‘‘(a) APPOINTMENTS BY PRESIDENT.—Temporary ap14 pointments in the grade of ensign, lieutenant junior grade, 

15 or lieutenant may be made by the President alone. 

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

17 position under subsection (a) shall terminate upon ap18 proval of a permanent appointment for such position made 

19 by the President alone. 

20 ‘‘(c) ORDER OF PRECEDENCE.—Appointees under sub21 section (a) shall take precedence in the grade to which ap22 pointed in accordance with the dates of their appointments 

23 as officers in such grade. The order of precedence of ap24 pointees who are appointed on the same date shall be deter25 mined by the Secretary. 

mstockstill on DSK4VPTVN1PROD with BILLS

59 

•S 2388 RS

1 ‘‘(d) ANY ONE GRADE.—When determined by the Sec2 retary to be in the best interest of the commissioned officer 

3 corps, officers in any permanent grade may be temporarily 

4 promoted one grade by the President alone. Any such tem5 porary promotion terminates upon the transfer of the officer 

6 to a new assignment.’’. 

7 SEC. 9. OFFICER CANDIDATES. 

8 (a) IN GENERAL.—Subtitle B of title II of the National 

9 Oceanic and Atmospheric Administration Commissioned 

10 Officer Corps Act of 2002 (33 U.S.C. 3021 et seq.) is amend11 ed by adding at the end the following: 

12 ‘‘SEC. 234. OFFICER CANDIDATES. 

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

14 shall determine the number of appointments of officer can15 didates. 

16 ‘‘(b) APPOINTMENT.—Appointment of officer can17 didates shall be made under regulations which the Secretary 

18 shall prescribe, including regulations with respect to deter19 mining age limits, methods of selection of officer candidates, 

20 term of service as an officer candidate before graduation 

21 from the program, and all other matters affecting such ap22 pointment. 

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

24 basic officer training program of the Administration any 

25 officer candidate who, during the officer candidate’s term 

mstockstill on DSK4VPTVN1PROD with BILLS

60 

•S 2388 RS

1 as an officer candidate, the Secretary considers unsatisfac2 tory in either academics or conduct, or not adapted for a 

3 career in the commissioned officer corps of the Administra4 tion. Officer candidates shall be subject to rules governing 

5 discipline prescribed by the Director of the National Oce6 anic and Atmospheric Administration Commissioned Offi7 cer Corps. 

8 ‘‘(d) AGREEMENT.— 

9 ‘‘(1) IN GENERAL.—Each officer candidate shall 

10 sign an agreement with the Secretary in accordance 

11 with section 216(a)(2) regarding the officer can12 didate’s term of service in the commissioned officer 

13 corps of the Administration. 

14 ‘‘(2) ELEMENTS.—An agreement signed by an of15 ficer candidate under paragraph (1) shall provide 

16 that the officer candidate agrees to the following: 

17 ‘‘(A) That the officer candidate will com18 plete the course of instruction at the basic officer 

19 training program of the Administration. 

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

21 program, the officer candidate— 

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

23 tendered, as an officer; and 

mstockstill on DSK4VPTVN1PROD with BILLS

61 

•S 2388 RS

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

2 least 4 years immediately after such ap3 pointment. 

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

5 regulations to carry out this section. Such regulations shall 

6 include— 

7 ‘‘(1) standards for determining what constitutes 

8 a breach of an agreement signed under such sub9 section (d)(1); and 

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

11 breach has occurred. 

12 ‘‘(f) REPAYMENT.—An officer candidate or former offi13 cer candidate who does not fulfill the terms of the obligation 

14 to serve as specified under section (d) shall be subject to 

15 the repayment provisions of section 216(b).’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections in 

17 section 1 of the Act entitled ‘‘An Act to authorize the Hydro18 graphic Service Improvement Act of 1998, and for other 

19 purposes’’ (Public Law 107–372) is amended by inserting 

20 after the item relating to section 233 the following: 

‘‘Sec. 234. Officer candidates.’’. 

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

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

23 (1) by redesignating paragraphs (4) through (6) 

24 as paragraphs (5) through (7), respectively; and 

mstockstill on DSK4VPTVN1PROD with BILLS

62 

•S 2388 RS

1 (2) by inserting after paragraph (3) the fol2 lowing: 

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

4 candidate’ means an individual who is enrolled in the 

5 basic officer training program of the Administration 

6 and is under consideration for appointment as an of7 ficer under section 221(a)(2)(A).’’. 

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

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

10 end the following: 

11 ‘‘(f)(1) An officer candidate enrolled in the basic officer 

12 training program of the commissioned officer corps of the 

13 National Oceanic and Atmospheric Administration is enti14 tled, while participating in such program, to monthly offi15 cer candidate pay at monthly rate equal to the basic pay 

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

17 2 years service. 

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

19 shall receive credit for the time spent participating in such 

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

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

22 graduate from such program, such time shall not be consid23 ered creditable for active duty or pay.’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

63 

•S 2388 RS

1 SEC. 10. INVOLUNTARY RETIREMENT OR SEPARATION. 

2 Section 241 of the National Oceanic and Atmospheric 

3 Administration Commissioned Officer Corps Act of 2002 

4 (33 U.S.C. 3041) is amended by adding at the end the fol5 lowing: 

6 ‘‘(d) DEFERMENT OF RETIREMENT OR SEPARATION

7 FOR MEDICAL REASONS.— 

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

9 that the evaluation of the medical condition of an of10 ficer requires hospitalization or medical observation 

11 that cannot be completed with confidence in a man12 ner consistent with the officer’s well being before the 

13 date on which the officer would otherwise be required 

14 to retire or be separated under this section, the Sec15 retary may defer the retirement or separation of the 

16 officer. 

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

18 only be made with the written consent of the officer 

19 involved. If the officer does not provide written con20 sent to the deferment, the officer shall be retired or 

21 separated as scheduled. 

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

23 separation under this subsection may not extend for 

24 more than 30 days after completion of the evaluation 

25 requiring hospitalization or medical observation.’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

64 

•S 2388 RS

1 SEC. 11. SEPARATION PAY. 

2 Section 242 of the National Oceanic and Atmospheric 

3 Administration Commissioned Officer Corps Act of 2002 

4 (33 U.S.C. 3042) is amended by adding at the end the fol5 lowing: 

6 ‘‘(d) EXCEPTION.—An officer discharged for twice fail7 ing selection for promotion to the next higher grade is not 

8 entitled to separation pay under this section if the officer— 

9 ‘‘(1) expresses a desire not to be selected for pro10 motion; or 

11 ‘‘(2) requests removal from the list of selectees.’’. 

12 SEC. 12. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 

13 10, UNITED STATES CODE. 

14 Section 261(a) of the National Oceanic and Atmos15 pheric Administration Commissioned Officer Corps Act of 

16 2002 (33 U.S.C. 3071(a)) is amended— 

17 (1) by redesignating paragraphs (13) through 

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

19 (2) by redesignating paragraphs (7) through (12) 

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

21 (3) by redesignating paragraphs (4) through (6) 

22 as paragraphs (8) through (10), respectively; 

23 (4) by inserting after paragraph (3) the fol24 lowing: 

25 ‘‘(4) Section 771, relating to unauthorized wear26 ing of uniforms. 

mstockstill on DSK4VPTVN1PROD with BILLS

65 

•S 2388 RS

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

2 apparel while in uniform. 

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

4 and local juries. 

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

6 oaths.’’; 

7 (5) by inserting after paragraph (10), as redesig8 nated, the following: 

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

10 Services for members being separated or recently sep11 arated.’’; and 

12 (6) by inserting after paragraph (17), as redesig13 nated, the following: 

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

15 Military Family Programs. 

16 ‘‘(19) Section 2005, relating to advanced edu17 cation assistance, active duty agreements, and reim18 bursement requirements.’’. 

19 SEC. 13. EDUCATION LOAN REPAYMENT PROGRAM. 

20 (a) IN GENERAL.—Subtitle E of title II of the National 

21 Oceanic and Atmospheric Administration Commissioned 

22 Officer Corps Act of 2002 (33 U.S.C. 3071 et seq.) is amend23 ed by adding at the end the following: 

mstockstill on DSK4VPTVN1PROD with BILLS

66 

•S 2388 RS

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

2 ‘‘(a) AUTHORITY TO REPAY EDUCATION LOANS.—For 

3 the purpose of maintaining adequate numbers of officers of 

4 the commissioned officer corps of the Administration on ac5 tive duty who have skills required by the commissioned offi6 cer corps, the Secretary may repay, in the case of a person 

7 described in subsection (b), a loan that— 

8 ‘‘(1) was used by the person to finance edu9 cation; and 

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

11 private financial institution, educational institution, 

12 or other authorized entity. 

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

14 loan repayment under this section, a person must— 

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

16 subsection (c); 

17 ‘‘(2) be fully qualified for, or hold, an appoint18 ment as a commissioned officer in the commissioned 

19 officer corps of the Administration; and 

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

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

22 for a period in addition to any other incurred active 

23 duty obligation. 

24 ‘‘(c) ACADEMIC AND PROFESSIONAL REQUIRE25 MENTS.—One of the following academic requirements must 

mstockstill on DSK4VPTVN1PROD with BILLS

67 

•S 2388 RS

1 be satisfied for purposes of determining the eligibility of an 

2 individual for a loan repayment under this section: 

3 ‘‘(1) The person is fully qualified in a profession 

4 that the Secretary has determined to be necessary to 

5 meet identified skill shortages in the commissioned of6 ficer corps. 

7 ‘‘(2) The person is enrolled as a full-time student 

8 in the final year of a course of study at an accredited 

9 educational institution (as determined by the Sec10 retary of Education) leading to a degree in a profes11 sion that will meet identified skill shortages in the 

12 commissioned officer corps. 

13 ‘‘(d) LOAN REPAYMENTS.— 

14 ‘‘(1) IN GENERAL.—Subject to the limits estab15 lished under paragraph (2), a loan repayment under 

16 this section may consist of the payment of the prin17 cipal, interest, and related expenses of a loan obtained 

18 by a person described in subsection (b). 

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

20 obligated service that a person agrees to serve in an 

21 agreement described in subsection (b)(3), the Sec22 retary may pay not more than the amount specified 

23 in section 2173(e)(2) of title 10, United States Code. 

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

mstockstill on DSK4VPTVN1PROD with BILLS

68 

•S 2388 RS

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

2 agreement described in subsection (b)(3) incurs an ac3 tive duty service obligation. 

4 ‘‘(2) LENGTH OF OBLIGATION DETERMINED

5 UNDER REGULATIONS.— 

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

7 subparagraph (B), the length of the obligation 

8 under paragraph (1) shall be determined under 

9 regulations prescribed by the Secretary. 

10 ‘‘(B) MINIMUM OBLIGATION.—The regula11 tions prescribed under subparagraph (A) may 

12 not provide for a period of obligation of less than 

13 1 year for each maximum annual amount, or 

14 portion thereof, paid on behalf of the person for 

15 qualified loans. 

16 ‘‘(3) PERSONS ON ACTIVE DUTY BEFORE ENTER17 ING INTO AGREEMENT.—The active duty service obli18 gation of persons on active duty before entering into 

19 the agreement shall be served after the conclusion of 

20 any other obligation incurred under the agreement. 

21 ‘‘(f) EFFECT OF FAILURE TO COMPLETE OBLIGA22 TION.— 

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

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

25 under this section before the completion of that obligamstockstill on DSK4VPTVN1PROD with BILLS

69 

•S 2388 RS

1 tion may be given any alternative obligation, at the 

2 discretion of the Secretary. 

3 ‘‘(2) REPAYMENT.—An officer who does not com4 plete the period of active duty specified in the agree5 ment entered into under subsection (b)(3), or the al6 ternative obligation imposed under paragraph (1), 

7 shall be subject to the repayment provisions under sec8 tion 216. 

9 ‘‘(g) RULEMAKING.—The Secretary shall prescribe reg10 ulations to carry out this section, including— 

11 ‘‘(1) standards for qualified loans and authorized 

12 payees; and 

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

14 of loan repayments.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections in 

16 section 1 of the Act entitled ‘‘An Act to authorize the Hydro17 graphic Service Improvement Act of 1998, and for other 

18 purposes’’ (Public Law 107–372) is amended by inserting 

19 after the item relating to section 266 the following: 

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

20 SEC. 14. INTEREST PAYMENT PROGRAM. 

21 (a) IN GENERAL.—Subtitle E of title II of the National 

22 Oceanic and Atmospheric Administration Commissioned 

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

24 amended by section 13, is further amended by adding at 

25 the end the following: 

mstockstill on DSK4VPTVN1PROD with BILLS

70 

•S 2388 RS

1 ‘‘SEC. 268. INTEREST PAYMENT PROGRAM. 

2 ‘‘(a) AUTHORITY.—The Secretary may pay the interest 

3 and any special allowances that accrue on 1 or more stu4 dent loans of an eligible officer, in accordance with this sec5 tion. 

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

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

8 ‘‘(1) is serving on active duty; 

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

10 service on active duty; 

11 ‘‘(3) is the debtor on 1 or more unpaid loans de12 scribed in subsection (c); and 

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

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

16 to the following loans: 

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

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

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

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

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

22 ‘‘(3) A loan made under part E of such title (20 

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

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

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

mstockstill on DSK4VPTVN1PROD with BILLS

71 

•S 2388 RS

1 section for any of the 36 consecutive months during which 

2 the officer is eligible under subsection (b). 

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

4 amounts appropriated for the pay and allowances of per5 sonnel of the commissioned officer corps of the Administra6 tion for payments under this section. 

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

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

10 with the Secretary of Education regarding the admin11 istration of this section. 

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

13 transfer to the Secretary of Education the funds nec14 essary— 

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

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

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

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

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

22 incurred by the Secretary in coordinating the 

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

25 D, and E of title IV of the Higher Education Act 

mstockstill on DSK4VPTVN1PROD with BILLS

72 

•S 2388 RS

1 of 1965 (20 U.S.C. 1071 et seq., 1087a et seq., 

2 1087aa et seq.). 

3 ‘‘(g) SPECIAL ALLOWANCE DEFINED.—In this section, 

4 the term ‘special allowance’ means a special allowance that 

5 is payable under section 438 of the Higher Education Act 

6 of 1965 (20 U.S.C. 1087–1).’’. 

7 (b) CONFORMING AMENDMENTS.— 

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

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

10 (A) by striking the subsection heading and 

11 inserting ‘‘ARMED FORCES AND NOAA COMMIS12 SIONED OFFICER CORPS STUDENT LOAN INTER13 EST PAYMENT PROGRAMS’’; and 

14 (B) in paragraph (1)— 

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

16 National Oceanic and Atmospheric Admin17 istration Commissioned Officer Corps Act of 

18 2002’’ after ‘‘Code,’’; and 

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

20 commissioned officer corps of the National 

21 Oceanic and Atmospheric Administration, 

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

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

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

25 1087dd(j)) are each amended— 

mstockstill on DSK4VPTVN1PROD with BILLS

73 

•S 2388 RS

1 (A) by striking the subsection heading and 

2 inserting ‘‘ARMED FORCES AND NOAA COMMIS3 SIONED OFFICER CORPS STUDENT LOAN INTER4 EST PAYMENT PROGRAMS’’; and 

5 (B) in paragraph (1)— 

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

7 National Oceanic and Atmospheric Admin8 istration Commissioned Officer Corps Act of 

9 2002’’ after ‘‘Code,’’; and 

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

11 commissioned officer corps of the National 

12 Oceanic and Atmospheric Administration, 

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

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

15 section 1 of the Act entitled ‘‘An Act to authorize the Hydro16 graphic Service Improvement Act of 1998, and for other 

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

18 13(b), is further amended by inserting after the item relat19 ing to section 267, as added by such section 13(b), the fol20 lowing: 

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

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

23 (a) IN GENERAL.—Subtitle E of title II of the National 

24 Oceanic and Atmospheric Administration Commissioned 

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

mstockstill on DSK4VPTVN1PROD with BILLS

74 

•S 2388 RS

1 amended by sections 13 and 14, is further amended by add2 ing at the end the following: 

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

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

7 of officers of the commissioned officer corps of the Adminis8 tration on active duty, the Secretary may provide financial 

9 assistance to a person described in subsection (b) for ex10 penses of the person while the person is pursuing on a full11 time basis at an accredited educational institution (as de12 termined by the Secretary of Education) a program of edu13 cation approved by the Secretary that leads to— 

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

15 academic years; or 

16 ‘‘(2) a postbaccalaureate degree. 

17 ‘‘(b) ELIGIBLE PERSONS.— 

18 ‘‘(1) IN GENERAL.—A person is eligible to obtain 

19 financial assistance under subsection (a) if the per20 son— 

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

22 program of education referred to in subsection 

23 (a) at any educational institution described in 

24 such subsection; 

mstockstill on DSK4VPTVN1PROD with BILLS

75 

•S 2388 RS

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

3 the Administration except for the completion of 

4 a baccalaureate degree; and 

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

6 the Secretary described in paragraph (2). 

7 ‘‘(2) AGREEMENT.—A written agreement referred 

8 to in paragraph (1)(C) is an agreement between the 

9 person and the Secretary in which the person 

10 agrees— 

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

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

15 immediately after appointment, for— 

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

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

20 ‘‘(c) QUALIFYING EXPENSES.—Expenses for which fi21 nancial assistance may be provided under subsection (a) 

22 are the following: 

23 ‘‘(1) Tuition and fees charged by the educational 

24 institution involved. 

25 ‘‘(2) The cost of books. 

mstockstill on DSK4VPTVN1PROD with BILLS

76 

•S 2388 RS

1 ‘‘(3) In the case of a program of education lead2 ing to a baccalaureate degree, laboratory expenses. 

3 ‘‘(4) Such other expenses as the Secretary con4 siders appropriate. 

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

6 prescribe the amount of financial assistance provided to a 

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

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

9 States Code, for each year of obligated service that a person 

10 agrees to serve in an agreement described in subsection 

11 (b)(2). 

12 ‘‘(e) DURATION OF ASSISTANCE.—Financial assist13 ance may be provided to a person under subsection (a) for 

14 not more than 5 consecutive academic years. 

15 ‘‘(f) SUBSISTENCE ALLOWANCE.— 

16 ‘‘(1) IN GENERAL.—A person who receives finan17 cial assistance under subsection (a) shall be entitled 

18 to a monthly subsistence allowance at a rate pre19 scribed under paragraph (2) for the duration of the 

20 period for which the person receives such financial as21 sistance. 

22 ‘‘(2) DETERMINATION OF AMOUNT.—The Sec23 retary shall prescribe monthly rates for subsistence al24 lowance provided under paragraph (1), which shall be 

mstockstill on DSK4VPTVN1PROD with BILLS

77 

•S 2388 RS

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

2 title 10, United States Code. 

3 ‘‘(g) INITIAL CLOTHING ALLOWANCE.— 

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

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

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

8 equipment issue. 

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

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

13 of the Administration, the person may be issued a 

14 subsequent clothing allowance equivalent to that nor15 mally provided to a newly appointed officer. 

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

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

19 section if— 

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

21 person to be released from an agreement de22 scribed in subsection (b)(2); 

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

24 a failure to complete the period of active duty re25 quired under the agreement; or 

mstockstill on DSK4VPTVN1PROD with BILLS

78 

•S 2388 RS

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

2 condition of the agreement. 

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

5 subsection (c), (f), or (g) under an agreement entered 

6 into under subsection (b)(1)(C) to reimburse the Sec7 retary in an amount that bears the same ratio to the 

8 total costs of the assistance provided to that person as 

9 the unserved portion of active duty bears to the total 

10 period of active duty the officer agreed to serve under 

11 the agreement. 

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

13 service obligation of a person through an agreement 

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

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

17 duty in the commissioned officer corps of the Ad18 ministration because of a circumstance not with19 in the control of that person; or 

20 ‘‘(B) is— 

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

23 ‘‘(ii) determined to be unqualified for 

24 service in the commissioned officer corps of 

25 the Administration because of a physical or 

mstockstill on DSK4VPTVN1PROD with BILLS

79 

•S 2388 RS

1 medical condition that was not the result of 

2 the person’s own misconduct or grossly neg3 ligent conduct. 

4 ‘‘(4) OBLIGATION AS DEBT TO UNITED STATES.— 

5 An obligation to reimburse the Secretary imposed 

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

7 to the United States. 

8 ‘‘(5) DISCHARGE IN BANKRUPTCY.—A discharge 

9 in bankruptcy under title 11, United States Code, 

10 that is entered less than 5 years after the termination 

11 of a written agreement entered into under subsection 

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

13 agreement from a debt arising under such agreement 

14 or under paragraph (2). 

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

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

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

19 section 1 of the Act entitled ‘‘An Act to authorize the Hydro20 graphic Service Improvement Act of 1998, and for other 

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

22 14(c), is further amended by inserting after the item relat23 ing to section 268, as added by such section 14(c), the fol24 lowing: 

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

mstockstill on DSK4VPTVN1PROD with BILLS

80 

•S 2388 RS

1 SEC. 16. LIMITATION ON EDUCATIONAL ASSISTANCE. 

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

3 fiscal year 2013, the Secretary of Commerce shall ensure 

4 that the total amount expended by the Secretary under sec5 tion 267 of the National Oceanic and Atmospheric Admin6 istration Commissioned Officer Corps Act of 2002 (as added 

7 by section 13(a)), section 268 of such Act (as added by sec8 tion 14(a)), and section 269 of such Act (as added by section 

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

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

11 that fiscal year to officer candidates under section 

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

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

15 of a commissioned officer in the pay grade O-1 with 

16 less than 2 years of service; exceeds 

17 (2) the total amount the Secretary actually pays 

18 in that fiscal year to officer candidates under section 

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

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

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

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

23 SEC. 17. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 

24 37, UNITED STATES CODE. 

25 (a) IN GENERAL.—Subtitle E of title II of the National 

26 Oceanic and Atmospheric Administration Commissioned 

mstockstill on DSK4VPTVN1PROD with BILLS

81 

•S 2388 RS

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

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

3 adding at the end the following: 

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

5 TITLE 37, UNITED STATES CODE. 

6 ‘‘(a) PROVISIONS MADE APPLICABLE TO COMMIS7 SIONED OFFICER CORPS.—The provisions of law applicable 

8 to the Armed Forces under the following provisions of title 

9 37, United States Code, shall apply to the commissioned 

10 officer corps of the Administration: 

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

12 for new officers in critical skills. 

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

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

15 duty’. 

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

18 members dying on active duty. 

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

20 money allowance while serving as Director of the Na21 tional Oceanic and Atmospheric Administration 

22 Commissioned Officer Corps. 

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

mstockstill on DSK4VPTVN1PROD with BILLS

82 

•S 2388 RS

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

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

4 United States Code, in the ‘military departments’, ‘the Sec5 retary concerned’, or ‘the Secretary of Defense’ with respect 

6 to the provisions of law referred to in subsection (a) shall 

7 be exercised, with respect to the commissioned officer corps 

8 of the Administration when the commissioned officer corps 

9 is not operating as a service in the Navy, by the Secretary 

10 of Commerce or the Secretary’s designee.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections in 

12 section 1 of the Act entitled ‘‘An Act to authorize the Hydro13 graphic Service Improvement Act of 1998, and for other 

14 purposes’’ (Public Law 107–372), as amended by section 

15 15(b), is further amended by inserting after the item relat16 ing to section 269, as added by such section 15(b), the fol17 lowing: 

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

18 SEC. 18. APPLICATION OF CERTAIN PROVISIONS OF COM19 PETITIVE SERVICE LAW. 

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

21 amended— 

22 (1) in paragraph (1), by inserting ‘‘and mem23 bers of the commissioned officer corps of the National 

24 Oceanic and Atmospheric Administration (or its 

25 predecessor organization the Coast and Geodetic Surmstockstill on DSK4VPTVN1PROD with BILLS

83 

•S 2388 RS

1 vey) separated from such uniformed service’’ after 

2 ‘‘separated from the armed forces’’; 

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

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

5 (3) in paragraph (4), by inserting ‘‘and mem6 bers of the commissioned officer corps of the National 

7 Oceanic and Atmospheric Administration (or its 

8 predecessor organization the Coast and Geodetic Sur9 vey) separated from such uniformed service’’ after 

10 ‘‘separated from the armed forces’’. 

11 SEC. 19. ELIGIBILITY OF ALL MEMBERS OF UNIFORMED 

12 SERVICES FOR LEGION OF MERIT AWARD. 

13 Section 1121 of title 10, United States Code, is amend14 ed by striking ‘‘armed forces’’ and inserting ‘‘uniformed 

15 services’’. 

16 SEC. 20. APPLICATION OF EMPLOYMENT AND REEMPLOY17 MENT RIGHTS OF MEMBERS OF THE UNI18 FORMED SERVICES TO MEMBERS OF COMMIS19 SIONED OFFICER CORPS. 

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

21 amended by inserting ‘‘the commissioned officer corps of the 

22 National Oceanic and Atmospheric Administration,’’ after 

23 ‘‘Public Health Service,’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

84 

•S 2388 RS

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

3 OF RETALIATORY PERSONNEL ACTIONS. 

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

5 National Oceanic and Atmospheric Administration Com6 missioned Officer Corps Act of 2002 (33 U.S.C. 3071(a)), 

7 as amended by section 12, is further amended— 

8 (1) by redesignating paragraphs (8) through (23) 

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

10 (2) by inserting after paragraph (7) the fol11 lowing: 

12 ‘‘(8) Section 1034, relating to protected commu13 nications and prohibition of retaliatory personnel ac14 tions.’’. 

15 (b) CONFORMING AMENDMENT.—Subsection (b) of such 

16 section is amended by adding at the end the following: ‘‘For 

17 purposes of paragraph (8) of subsection (a), the term ‘In18 spector General’ in section 1034 of such title 10 shall mean 

19 the Inspector General of the Department of Commerce.’’. 

20 SEC. 22. CRIMINAL PENALTIES FOR WEARING UNIFORM 

21 WITHOUT AUTHORITY. 

22 Section 702 of title 18, United States Code, is amended 

23 by striking ‘‘Service or any’’ and inserting ‘‘Service, the 

24 commissioned officer corps of the National Oceanic and At25 mospheric Administration, or any’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

85 

•S 2388 RS

1 SEC. 23. REPORT ON STATUS OF OFFICERS IN COMMIS2 SIONED OFFICER CORPS OF NATIONAL OCE3 ANIC AND ATMOSPHERIC ADMINISTRATION 

4 AND PUBLIC HEALTH SERVICE DURING GOV5 ERNMENT SHUTDOWNS. 

6 Not later than 60 days after the date of the enactment 

7 of this Act, the Attorney General shall submit to Congress 

8 a report that details whether officers of the commissioned 

9 officer corps of the National Oceanic and Atmospheric Ad10 ministration and the Public Health Service are treated as 

11 performing an essential level of activity to protect life and 

12 property during any period of a lapse in appropriations. 

13 SEC. 24. TECHNICAL CORRECTION. 

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

15 amended by inserting ‘‘in the commissioned officer corps’’ 

16 before ‘‘of the National’’. 

17 SEC. 25. REPORT. 

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

19 date of the enactment of this Act, the Secretary of Commerce 

20 shall submit to Congress a report evaluating the current sta21 tus and projected needs of the commissioned officer corps 

22 of the National Oceanic and Atmospheric Administration 

23 to operate sufficiently through fiscal year 2017. 

24 (b) CONTENTS.—The report required by subsection (a) 

25 shall include the following: 

mstockstill on DSK4VPTVN1PROD with BILLS

86 

•S 2388 RS

1 (1) The average annual attrition rate of officers 

2 in the commissioned officer corps of the National Oce3 anic and Atmospheric Administration. 

4 (2) An estimate of the number of annual recruits 

5 that would reasonably be required to operate the com6 missioned officer corps sufficiently through fiscal year 

7 2017. 

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

9 recruitment numbers through fiscal year 2017. 

10 (4) Identification of areas of duplication or un11 necessary redundancy in current activities of the com12 missioned officer corps that could otherwise be stream13 lined or eliminated to save costs. 

14 (5) Such other matters as the Secretary considers 

15 appropriate regarding the provisions of this Act and 

16 the amendments made by this Act. 

17 SEC. 26. EFFECTIVE DATE. 

18 Notwithstanding any other provision of this Act, sec19 tions 2 through 22 shall take effect on the date that is 90 

20 days after the date on which the Secretary of Commerce 

21 submits to Congress the report required by section 25(a). 

mstockstill on DSK4VPTVN1PROD with BILLS

mstockstill on DSK4VPTVN1PROD with BILLS

Calendar No. 551 

112TH CONGRESS 

2D SESSION S. 2388 

A BILL 

To reauthorize and amend the National Oceanic 

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

NOVEMBER 14, 2012 

Reported with an amendment 

mstockstill on DSK4VPTVN1PROD with BILLS