113TH CONGRESS 

2D SESSION S. 1068 

AN ACT 

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

of 2002, and for other purposes. 

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

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

3 ‘‘National Oceanic and Atmospheric Administration Com4 missioned Officer Corps Amendments Act of 2013’’. 

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. References to National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002. 

TITLE I—GENERAL PROVISIONS 

Sec. 101. Strength and distribution in grade. 

Sec. 102. Exclusion of officers recalled from retired status and positions of importance and responsibility from number of authorized commissioned officers. 

Sec. 103. Obligated service requirement. 

Sec. 104. Training and physical fitness. 

TITLE II—APPOINTMENTS AND PROMOTION OF OFFICERS 

Sec. 201. Appointments. 

Sec. 202. Personnel boards. 

Sec. 203. Delegation of authority for appointments and promotions to permanent grades. 

Sec. 204. Temporary appointments. 

Sec. 205. Officer candidates. 

Sec. 206. Procurement of personnel. 

TITLE III—SEPARATION AND RETIREMENT OF OFFICERS 

Sec. 301. Involuntary retirement or separation. 

Sec. 302. Separation pay. 

TITLE IV—RIGHTS AND BENEFITS 

Sec. 401. Education loan repayment program. 

Sec. 402. Interest payment program. 

Sec. 403. Student pre-commissioning education assistance program. 

Sec. 404. Limitation on educational assistance. 

Sec. 405. Applicability of certain provisions of title 10, United States Code. 

Sec. 406. Applicability of certain provisions of title 37, United States Code. 

Sec. 407. Application of certain provisions of competitive service law. 

Sec. 408. Eligibility of all members of uniformed services for Legion of Merit 

award. 

Sec. 409. Application of Employment and Reemployment Rights of Members of 

the Uniformed Services to members of commissioned officer 

corps. 

Sec. 410. Protected communications for commissioned officer corps and prohibition of retaliatory personnel actions. 
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Sec. 411. Criminal penalties for wearing uniform without authority. 

Sec. 412. Treatment of commission in commissioned officer corps as employment in National Oceanic and Atmospheric Administration for 

purposes of certain hiring decisions. 

TITLE V—OTHER MATTERS 

Sec. 501. Technical correction. 

Sec. 502. Report. 

Sec. 503. Effective date. 

1 SEC. 2. REFERENCES TO NATIONAL OCEANIC AND ATMOS2 PHERIC ADMINISTRATION COMMISSIONED 

3 OFFICER CORPS ACT OF 2002. 

4 Except as otherwise expressly provided, whenever in 

5 this Act an amendment or repeal is expressed in terms 

6 of an amendment to, or repeal of, a section or other provi7 sion, the reference shall be considered to be made to a 

8 section or other provision of the National Oceanic and At9 mospheric Administration Commissioned Officer Corps 

10 Act of 2002 (33 U.S.C. 3001 et seq.). 

11 TITLE I—GENERAL PROVISIONS 

12 SEC. 101. STRENGTH AND DISTRIBUTION IN GRADE. 

13 Section 214 (33 U.S.C. 3004) is amended to read as 

14 follows: 

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

16 ‘‘(a) GRADES.—The commissioned grades in the com17 missioned officer corps of the Administration are the fol18 lowing, in relative rank with officers of the Navy: 

19 ‘‘(1) Vice admiral. 

20 ‘‘(2) Rear admiral. 

21 ‘‘(3) Rear admiral (lower half). 
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1 ‘‘(4) Captain. 

2 ‘‘(5) Commander. 

3 ‘‘(6) Lieutenant commander. 

4 ‘‘(7) Lieutenant. 

5 ‘‘(8) Lieutenant (junior grade). 

6 ‘‘(9) Ensign. 

7 ‘‘(b) PROPORTION.— 

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

9 list shall be distributed in grade in the following per10 centages: 

11 ‘‘(A) 8 in the grade of captain. 

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

13 ‘‘(C) 19 in the grade of lieutenant com14 mander. 

15 ‘‘(2) GRADES BELOW LIEUTENANT COM16 MANDER.—The Secretary shall prescribe, with re17 spect to the distribution on the lineal list in grade, 

18 the percentages applicable to the grades of lieuten19 ant, lieutenant (junior grade), and ensign. 

20 ‘‘(c) ANNUAL COMPUTATION OF NUMBER IN

21 GRADE.— 

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

23 once each year, the Secretary shall make a computa24 tion to determine the number of officers on the lin25 eal list authorized to be serving in each grade. 
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1 ‘‘(2) METHOD OF COMPUTATION.—The number 

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

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

7 computing the authorized number of officers in a 

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

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

10 shall be taken. 

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

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

13 lineal list during a fiscal year may be temporarily exceeded 

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

15 does not exceed the authorized number. 

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

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

19 shall not be counted when computing authorized strengths 

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

21 strengths. 

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

24 the commissioned officer corps of the Administration as 
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1 the result of a computation made to determine the author2 ized number of officers in the various grades.’’. 

3 SEC. 102. EXCLUSION OF OFFICERS RECALLED FROM RE4 TIRED STATUS AND POSITIONS OF IMPOR5 TANCE AND RESPONSIBILITY FROM NUMBER 

6 OF AUTHORIZED COMMISSIONED OFFICERS. 

7 Section 215 (33 U.S.C. 3005) is amended— 

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

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

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

11 (2) by adding at the end the following new sub12 section: 

13 ‘‘(b) POSITIONS OF IMPORTANCE AND RESPONSI14 BILITY.—Officers serving in positions designated under 

15 section 228 and officers recalled from retired status— 

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

17 total number of authorized officers on the lineal list 

18 under this section; and 

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

20 SEC. 103. OBLIGATED SERVICE REQUIREMENT. 

21 (a) IN GENERAL.—Subtitle A (33 U.S.C. 3001 et 

22 seq.) is amended by adding at the end the following: 

23 ‘‘SEC. 216. OBLIGATED SERVICE REQUIREMENT. 

24 ‘‘(a) IN GENERAL.— 
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1 ‘‘(1) RULEMAKING.—The Secretary shall pre2 scribe the obligated service requirements for appoint3 ments, training, promotions, separations, continu4 ations, and retirement of officers not otherwise cov5 ered by law. 

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

7 and officers shall enter into written agreements that 

8 describe the officers’ obligated service requirements 

9 prescribed under paragraph (1) in return for such 

10 appointments, training, promotions, separations, and 

11 retirements as the Secretary considers appropriate. 

12 ‘‘(b) REPAYMENT FOR FAILURE TO SATISFY RE13 QUIREMENTS.— 

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

15 an officer who fails to meet the service requirements 

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

17 Secretary in an amount that bears the same ratio to 

18 the total costs of the training provided to that offi19 cer by the Secretary as the unserved portion of ac20 tive duty bears to the total period of active duty the 

21 officer agreed to serve. 

22 ‘‘(2) OBLIGATION AS DEBT TO UNITED

23 STATES.—An obligation to reimburse the Secretary 

24 under paragraph (1) shall be considered for all pur25 poses as a debt owed to the United States. 
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1 ‘‘(3) DISCHARGE IN BANKRUPTCY.—A dis2 charge in bankruptcy under title 11 that is entered 

3 less than 5 years after the termination of a written 

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

5 not discharge the individual signing the agreement 

6 from a debt arising under such agreement. 

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

8 The Secretary may waive the service obligation of an offi9 cer who— 

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

11 duty in the commissioned officer corps of the Ad12 ministration because of a circumstance not within 

13 the control of that officer; or 

14 ‘‘(2) is— 

15 ‘‘(A) not physically qualified for appoint16 ment; and 

17 ‘‘(B) determined to be unqualified for serv18 ice in the commissioned officer corps of the Ad19 ministration because of a physical or medical 

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

21 own misconduct or grossly negligent conduct.’’. 

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

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

24 Hydrographic Service Improvement Act of 1998, and for 
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1 other purposes’’ (Public Law 107–372) is amended by in2 serting after the item relating to section 215 the following: 

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

3 SEC. 104. TRAINING AND PHYSICAL FITNESS. 

4 (a) IN GENERAL.—Subtitle A (33 U.S.C. 3001 et 

5 seq.), as amended by section 103(a), is further amended 

6 by adding at the end the following: 

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

8 ‘‘(a) TRAINING.—The Secretary may take such meas9 ures as may be necessary to ensure that officers are pre10 pared to carry out their duties in the commissioned officer 

11 corps of the Administration and proficient in the skills 

12 necessary to carry out such duties. Such measures may 

13 include the following: 

14 ‘‘(1) Carrying out training programs and cor15 respondence courses, including establishing and op16 erating a basic officer training program to provide 

17 initial indoctrination and maritime vocational train18 ing for officer candidates as well as refresher train19 ing, mid-career training, aviation training, and such 

20 other training as the Secretary considers necessary 

21 for officer development and proficiency. 

22 ‘‘(2) Providing officers and officer candidates 

23 with books and school supplies. 

24 ‘‘(3) Acquiring such equipment as may be nec25 essary for training and instructional purposes. 
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1 ‘‘(b) PHYSICAL FITNESS.—The Secretary shall en2 sure that officers maintain a high physical state of readi3 ness by establishing standards of physical fitness for offi4 cers that are substantially equivalent to those prescribed 

5 for officers in the Coast Guard.’’. 

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), as amended by 

10 section 103(b), is further amended by inserting after the 

11 item relating to section 216 the following: 

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

12 TITLE II—APPOINTMENTS AND 

13 PROMOTION OF OFFICERS 

14 SEC. 201. APPOINTMENTS. 

15 (a) ORIGINAL APPOINTMENTS.— 

16 (1) IN GENERAL.—Section 221 (33 U.S.C. 

17 3021) is amended to read as follows: 

18 ‘‘SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINT19 MENTS. 

20 ‘‘(a) ORIGINAL APPOINTMENTS.— 

21 ‘‘(1) GRADES.— 

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

23 subparagraph (B), an original appointment of 

24 an officer may be made in such grades as may 

25 be appropriate for— 
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1 ‘‘(i) the qualification, experience, and 

2 length of service of the appointee; and 

3 ‘‘(ii) the commissioned officer corps of 

4 the Administration. 

5 ‘‘(B) APPOINTMENT OF OFFICER CAN6 DIDATES.— 

7 ‘‘(i) LIMITATION ON GRADE.—An 

8 original appointment of an officer can9 didate, upon graduation from the basic of10 ficer training program of the commissioned 

11 officer corps of the Administration, may 

12 not be made in any other grade than en13 sign. 

14 ‘‘(ii) RANK.—Officer candidates re15 ceiving appointments as ensigns upon 

16 graduation from basic officer training pro17 gram shall take rank according to their 

18 proficiency as shown by the order of their 

19 merit at date of graduation. 

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

21 appointment may be made from among the fol22 lowing: 

23 ‘‘(A) Graduates of the basic officer train24 ing program of the commissioned officer corps 

25 of the Administration. 
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1 ‘‘(B) Graduates of the military service 

2 academies of the United States who otherwise 

3 meet the academic standards for enrollment in 

4 the training program described in subparagraph 

5 (A). 

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

7 merchant marine who have served 2 or more 

8 years aboard a vessel of the United States in 

9 the capacity of a licensed officer, who otherwise 

10 meet the academic standards for enrollment in 

11 the training program described in subparagraph 

12 (A). 

13 ‘‘(3) MILITARY SERVICE ACADEMIES OF THE

14 UNITED STATES DEFINED.—In this subsection, the 

15 term ‘military service academies of the United 

16 States’ means the following: 

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

18 West Point, New York. 

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

20 Annapolis, Maryland. 

21 ‘‘(C) The United States Air Force Acad22 emy, Colorado Springs, Colorado. 

23 ‘‘(D) The United States Coast Guard 

24 Academy, New London, Connecticut. 
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1 ‘‘(E) The United States Merchant Marine 

2 Academy, Kings Point, New York. 

3 ‘‘(b) REAPPOINTMENT.— 

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), an individual who previously served in the 

6 commissioned officer corps of the Administration 

7 may be appointed by the Secretary to the grade the 

8 individual held prior to separation. 

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

10 An appointment under paragraph (1) to a position 

11 of importance and responsibility designated under 

12 section 228 may only be made by the President. 

13 ‘‘(c) QUALIFICATIONS.—An appointment under sub14 section (a) or (b) may not be given to an individual until 

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

16 fitness to perform the duties of an officer has been estab17 lished under such regulations as the Secretary shall pre18 scribe. 

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

20 under this section shall take precedence in the grade to 

21 which appointed in accordance with the dates of their com22 missions as commissioned officers in such grade. Ap23 pointees whose dates of commission are the same shall 

24 take precedence with each other as the Secretary shall de25 termine. 
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1 ‘‘(e) INTER-SERVICE TRANSFERS.—For inter-service 

2 transfers (as described in the Department of Defense Di3 rective 1300.4 (dated December 27, 2006)) the Secretary 

4 shall— 

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

6 and the Secretary of the Department in which the 

7 Coast Guard is operating to promote and streamline 

8 inter-service transfers; 

9 ‘‘(2) give preference to such inter-service trans10 fers for recruitment purposes as determined appro11 priate by the Secretary; and 

12 ‘‘(3) reappoint such inter-service transfers to 

13 the equivalent grade in the commissioned officer 

14 corps.’’. 

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions in section 1 of the Act entitled ‘‘An Act to au17 thorize the Hydrographic Service Improvement Act 

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

19 372) is amended by striking the item relating to sec20 tion 221 and inserting the following: 

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

21 SEC. 202. PERSONNEL BOARDS. 

22 Section 222 (33 U.S.C. 3022) is amended to read as 

23 follows: 
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1 ‘‘SEC. 222. PERSONNEL BOARDS. 

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

3 each year and at such other times as the Secretary deter4 mines necessary, the Secretary shall convene a personnel 

5 board. 

6 ‘‘(b) MEMBERSHIP.— 

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

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

9 are serving in or above the permanent grade of the 

10 officers under consideration by the board. 

11 ‘‘(2) RETIRED OFFICERS.—Officers on the re12 tired list may be recalled to serve on such personnel 

13 boards as the Secretary considers necessary. 

14 ‘‘(3) NO MEMBERSHIP ON 2 SUCCESSIVE

15 BOARDS.—No officer may be a member of 2 succes16 sive personnel boards convened to consider officers 

17 of the same grade for promotion or separation. 

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

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

20 as may be necessary to correct any erroneous posi21 tion on the lineal list that was caused by administra22 tive error; and 

23 ‘‘(2) make selections and recommendations to 

24 the Secretary and the President for the appoint25 ment, promotion, involuntary separation, continu26 ation, and involuntary retirement of officers in the 
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1 commissioned officer corps of the Administration as 

2 prescribed in this title. 

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

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

6 the President, the board shall make such further rec7 ommendations as the Secretary or the President consider 

8 appropriate.’’. 

9 SEC. 203. DELEGATION OF AUTHORITY FOR APPOINT10 MENTS AND PROMOTIONS TO PERMANENT 

11 GRADES. 

12 Section 226 (33 U.S.C. 3026) is amended— 

13 (1) by striking ‘‘Appointments’’ and inserting 

14 the following: 

15 ‘‘(a) IN GENERAL.—Appointments’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(b) DELEGATION OF APPOINTMENT AUTHORITY.— 

18 If the President delegates authority to the Secretary to 

19 make appointments under this section, the President shall, 

20 during a period in which the position of the Secretary is 

21 vacant, delegate such authority to the Deputy Secretary 

22 of Commerce or the Under Secretary for Oceans and At23 mosphere during such period.’’. 
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1 SEC. 204. TEMPORARY APPOINTMENTS. 

2 (a) IN GENERAL.—Section 229 (33 U.S.C. 3029) is 

3 amended to read as follows: 

4 ‘‘SEC. 229. TEMPORARY APPOINTMENTS. 

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

6 appointments in the grade of ensign, lieutenant junior 

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

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

9 position under subsection (a) shall terminate upon ap10 proval of a permanent appointment for such position made 

11 by the President. 

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

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

14 appointed in accordance with the dates of their appoint15 ments as officers in such grade. The order of precedence 

16 of appointees who are appointed on the same date shall 

17 be determined by the Secretary. 

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

19 Secretary to be in the best interest of the commissioned 

20 officer corps, officers in any permanent grade may be tem21 porarily promoted one grade by the President. Any such 

22 temporary promotion terminates upon the transfer of the 

23 officer to a new assignment. 

24 ‘‘(e) DELEGATION OF APPOINTMENT AUTHORITY.— 

25 If the President delegates authority to the Secretary to 

26 make appointments under this section, the President shall, 
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1 during a period in which the position of the Secretary is 

2 vacant, delegate such authority to the Deputy Secretary 

3 of Commerce or the Under Secretary for Oceans and At4 mosphere during such period.’’. 

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

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

7 Hydrographic Service Improvement Act of 1998, and for 

8 other purposes’’ (Public Law 107–372) is amended by 

9 striking the item relating to section 229 and inserting the 

10 following: 

‘‘Sec. 229. Temporary appointments.’’. 

11 SEC. 205. OFFICER CANDIDATES. 

12 (a) IN GENERAL.—Subtitle B (33 U.S.C. 3021 et 

13 seq.) is amended by adding at the end the following: 

14 ‘‘SEC. 234. OFFICER CANDIDATES. 

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

16 shall determine the number of appointments of officer can17 didates. 

18 ‘‘(b) APPOINTMENT.—Appointment of officer can19 didates shall be made under regulations which the Sec20 retary shall prescribe, including regulations with respect 

21 to determining age limits, methods of selection of officer 

22 candidates, term of service as an officer candidate before 

23 graduation from the program, and all other matters af24 fecting such appointment. 
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1 ‘‘(c) DISMISSAL.—The Secretary may dismiss from 

2 the basic officer training program of the Administration 

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

4 term as an officer candidate, the Secretary considers un5 satisfactory in either academics or conduct, or not adapted 

6 for a career in the commissioned officer corps of the Ad7 ministration. Officer candidates shall be subject to rules 

8 governing discipline prescribed by the Director of the Na9 tional Oceanic and Atmospheric Administration Commis10 sioned Officer Corps. 

11 ‘‘(d) AGREEMENT.— 

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

13 shall sign an agreement with the Secretary in ac14 cordance with section 216(a)(2) regarding the officer 

15 candidate’s term of service in the commissioned offi16 cer corps of the Administration. 

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

18 officer candidate under paragraph (1) shall provide 

19 that the officer candidate agrees to the following: 

20 ‘‘(A) That the officer candidate will com21 plete the course of instruction at the basic offi22 cer training program of the Administration. 

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

24 program, the officer candidate— 
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1 ‘‘(i) will accept an appointment, if 

2 tendered, as an officer; and 

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

4 least 4 years immediately after such ap5 pointment. 

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

7 regulations to carry out this section. Such regulations 

8 shall include— 

9 ‘‘(1) standards for determining what constitutes 

10 a breach of an agreement signed under such sub11 section (d)(1); and 

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

13 breach has occurred. 

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

15 officer candidate who does not fulfill the terms of the obli16 gation to serve as specified under section (d) shall be sub17 ject to the repayment provisions of section 216(b).’’. 

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

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

20 Hydrographic Service Improvement Act of 1998, and for 

21 other purposes’’ (Public Law 107–372) is amended by in22 serting after the item relating to section 233 the following: 

‘‘Sec. 234. Officer candidates.’’. 

23 (c) OFFICER CANDIDATE DEFINED.—Section 212(b) 

24 (33 U.S.C. 3002(b)) is amended— 
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1 (1) by redesignating paragraphs (4) through 

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

3 (2) by inserting after paragraph (3) the fol4 lowing: 

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

6 candidate’ means an individual who is enrolled in the 

7 basic officer training program of the Administration 

8 and is under consideration for appointment as an of9 ficer under section 221(a)(2)(A).’’. 

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

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

12 end the following: 

13 ‘‘(f)(1) An officer candidate enrolled in the basic offi14 cer training program of the commissioned officer corps of 

15 the National Oceanic and Atmospheric Administration is 

16 entitled, while participating in such program, to monthly 

17 officer candidate pay at monthly rate equal to the basic 

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

19 than 2 years service. 

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

21 shall receive credit for the time spent participating in such 

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

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

24 graduate from such program, such time shall not be con25 sidered creditable for active duty or pay.’’. 
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1 SEC. 206. PROCUREMENT OF PERSONNEL. 

2 (a) IN GENERAL.—Subtitle B (33 U.S.C. 3021 et 

3 seq.), as amended by section 205(a), is further amended 

4 by adding at the end the following: 

5 ‘‘SEC. 235. PROCUREMENT OF PERSONNEL. 

6 ‘‘The Secretary may make such expenditures as the 

7 Secretary considers necessary in order to obtain recruits 

8 for the commissioned officer corps of the Administration, 

9 including advertising.’’. 

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

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

12 Hydrographic Service Improvement Act of 1998, and for 

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

14 section 205(b), is further amended by inserting after the 

15 item relating to section 234 the following: 

‘‘235. Procurement of personnel.’’. 

16 TITLE III—SEPARATION AND 

17 RETIREMENT OF OFFICERS 

18 SEC. 301. INVOLUNTARY RETIREMENT OR SEPARATION. 

19 Section 241 (33 U.S.C. 3041) is amended by adding 

20 at the end the following: 

21 ‘‘(d) DEFERMENT OF RETIREMENT OR SEPARATION

22 FOR MEDICAL REASONS.— 

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

24 that the evaluation of the medical condition of an of25 ficer requires hospitalization or medical observation 
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1 that cannot be completed with confidence in a man2 ner consistent with the officer’s well being before the 

3 date on which the officer would otherwise be re4 quired to retire or be separated under this section, 

5 the Secretary may defer the retirement or separation 

6 of the officer. 

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

8 only be made with the written consent of the officer 

9 involved. If the officer does not provide written con10 sent to the deferment, the officer shall be retired or 

11 separated as scheduled. 

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

13 separation under this subsection may not extend for 

14 more than 30 days after completion of the evalua15 tion requiring hospitalization or medical observa16 tion.’’. 

17 SEC. 302. SEPARATION PAY. 

18 Section 242 (33 U.S.C. 3042) is amended by adding 

19 at the end the following: 

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

21 failing selection for promotion to the next higher grade 

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

23 officer— 

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

25 promotion; or 
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1 ‘‘(2) requests removal from the list of select2 ees.’’. 

3 TITLE IV—RIGHTS AND 

4 BENEFITS 

5 SEC. 401. EDUCATION LOAN REPAYMENT PROGRAM. 

6 (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 et 

7 seq.) is amended by adding at the end the following: 

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

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

10 For the purpose of maintaining adequate numbers of offi11 cers of the commissioned officer corps of the Administra12 tion on active duty who have skills required by the com13 missioned officer corps, the Secretary may repay, in the 

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

15 ‘‘(1) was used by the person to finance edu16 cation; and 

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

18 private financial institution, educational institution, 

19 or other authorized entity. 

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

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

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

23 subsection (c); 
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1 ‘‘(2) be fully qualified for, or hold, an appoint2 ment as a commissioned officer in the commissioned 

3 officer corps of the Administration; and 

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

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

6 for a period in addition to any other incurred active 

7 duty obligation. 

8 ‘‘(c) ACADEMIC AND PROFESSIONAL REQUIRE9 MENTS.—One of the following academic requirements 

10 must be satisfied for purposes of determining the eligi11 bility of an individual for a loan repayment under this sec12 tion: 

13 ‘‘(1) The person is fully qualified in a profes14 sion that the Secretary has determined to be nec15 essary to meet identified skill shortages in the com16 missioned officer corps. 

17 ‘‘(2) The person is enrolled as a full-time stu18 dent in the final year of a course of study at an ac19 credited educational institution (as determined by 

20 the Secretary of Education) leading to a degree in 

21 a profession that will meet identified skill shortages 

22 in the commissioned officer corps. 

23 ‘‘(d) LOAN REPAYMENTS.— 

24 ‘‘(1) IN GENERAL.—Subject to the limits estab25 lished under paragraph (2), a loan repayment under 
26 

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1 this section may consist of the payment of the prin2 cipal, interest, and related expenses of a loan ob3 tained by a person described in subsection (b). 

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

5 of obligated service that a person agrees to serve in 

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

7 Secretary may pay not more than the amount speci8 fied in section 2173(e)(2) of title 10, United States 

9 Code. 

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

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

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

13 active duty service obligation. 

14 ‘‘(2) LENGTH OF OBLIGATION DETERMINED

15 UNDER REGULATIONS.— 

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

17 subparagraph (B), the length of the obligation 

18 under paragraph (1) shall be determined under 

19 regulations prescribed by the Secretary. 

20 ‘‘(B) MINIMUM OBLIGATION.—The regula21 tions prescribed under subparagraph (A) may 

22 not provide for a period of obligation of less 

23 than 1 year for each maximum annual amount, 

24 or portion thereof, paid on behalf of the person 

25 for qualified loans. 
27 

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1 ‘‘(3) PERSONS ON ACTIVE DUTY BEFORE EN2 TERING INTO AGREEMENT.—The active duty service 

3 obligation of persons on active duty before entering 

4 into the agreement shall be served after the conclu5 sion of any other obligation incurred under the 

6 agreement. 

7 ‘‘(f) EFFECT OF FAILURE TO COMPLETE OBLIGA8 TION.— 

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

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

11 under this section before the completion of that obli12 gation may be given any alternative obligation, at 

13 the discretion of the Secretary. 

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

15 complete the period of active duty specified in the 

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

17 the alternative obligation imposed under paragraph 

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

19 under section 216. 

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

21 regulations to carry out this section, including— 

22 ‘‘(1) standards for qualified loans and author23 ized payees; and 

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

25 of loan repayments.’’. 
28 

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

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

3 Hydrographic Service Improvement Act of 1998, and for 

4 other purposes’’ (Public Law 107–372) is amended by in5 serting after the item relating to section 266 the following: 

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

6 SEC. 402. INTEREST PAYMENT PROGRAM. 

7 (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 et 

8 seq.), as amended by section 401(a), is further amended 

9 by adding at the end the following: 

10 ‘‘SEC. 268. INTEREST PAYMENT PROGRAM. 

11 ‘‘(a) AUTHORITY.—The Secretary may pay the inter12 est and any special allowances that accrue on 1 or more 

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

14 section. 

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

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

17 ‘‘(1) is serving on active duty; 

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

19 service on active duty; 

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

21 described in subsection (c); and 

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

23 ‘‘(c) STUDENT LOANS.—The authority to make pay24 ments under subsection (a) may be exercised with respect 

25 to the following loans: 
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1 ‘‘(1) A loan made, insured, or guaranteed under 

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

3 1965 (20 U.S.C. 1071 et seq.). 

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

5 (20 U.S.C. 1087a et seq.). 

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

7 (20 U.S.C. 1087aa et seq.). 

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

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

10 section for any of the 36 consecutive months during which 

11 the officer is eligible under subsection (b). 

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

13 use amounts appropriated for the pay and allowances of 

14 personnel of the commissioned officer corps of the Admin15 istration for payments under this section. 

16 ‘‘(f) COORDINATION WITH SECRETARY OF EDU17 CATION.— 

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

19 with the Secretary of Education regarding the ad20 ministration of this section. 

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

22 shall transfer to the Secretary of Education the 

23 funds necessary— 

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

25 on student loans under this section (in accord-
30 

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1 ance with sections 428(o), 455(l), and 464(j) of 

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

3 1078(o), 1087e(l), and 1087dd(j)); and 

4 ‘‘(B) to reimburse the Secretary of Edu5 cation for any reasonable administrative costs 

6 incurred by the Secretary in coordinating the 

7 program under this section with the administra8 tion of the student loan programs under parts 

9 B, D, and E of title IV of the Higher Edu10 cation Act of 1965 (20 U.S.C. 1071 et seq., 

11 1087a et seq., 1087aa et seq.). 

12 ‘‘(g) SPECIAL ALLOWANCE DEFINED.—In this sec13 tion, the term ‘special allowance’ means a special allow14 ance that is payable under section 438 of the Higher Edu15 cation Act of 1965 (20 U.S.C. 1087–1).’’. 

16 (b) CONFORMING AMENDMENTS.— 

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

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

19 (A) by striking the subsection heading and 

20 inserting ‘‘ARMED FORCES AND NOAA COM21 MISSIONED OFFICER CORPS STUDENT LOAN

22 INTEREST PAYMENT PROGRAMS’’; and 

23 (B) in paragraph (1)— 

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

25 National Oceanic and Atmospheric Admin-
31 

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1 istration Commissioned Officer Corps Act 

2 of 2002’’ after ‘‘Code,’’; and 

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

4 commissioned officer corps of the National 

5 Oceanic and Atmospheric Administration, 

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

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

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

9 1087dd(j)) are each amended— 

10 (A) by striking the subsection heading and 

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

13 INTEREST PAYMENT PROGRAMS’’; and 

14 (B) in paragraph (1)— 

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

16 National Oceanic and Atmospheric Admin17 istration Commissioned Officer Corps Act 

18 of 2002’’ after ‘‘Code,’’; and 

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

20 commissioned officer corps of the National 

21 Oceanic and Atmospheric Administration, 

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

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

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

25 Hydrographic Service Improvement Act of 1998, and for 
32 

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

2 section 401(b), is further amended by inserting after the 

3 item relating to section 267 the following: 

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

4 SEC. 403. STUDENT PRE-COMMISSIONING EDUCATION AS5 SISTANCE PROGRAM. 

6 (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 et 

7 seq.), as amended by sections 401(a) and 402(a), is fur8 ther amended by adding at the end the following: 

9 ‘‘SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION AS10 SISTANCE PROGRAM. 

11 ‘‘(a) AUTHORITY TO PROVIDE FINANCIAL ASSIST12 ANCE.—For the purpose of maintaining adequate numbers 

13 of officers of the commissioned officer corps of the Admin14 istration on active duty, the Secretary may provide finan15 cial assistance to a person described in subsection (b) for 

16 expenses of the person while the person is pursuing on 

17 a full-time basis at an accredited educational institution 

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

19 of education approved by the Secretary that leads to— 

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

21 academic years; or 

22 ‘‘(2) a postbaccalaureate degree. 

23 ‘‘(b) ELIGIBLE PERSONS.— 
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1 ‘‘(1) IN GENERAL.—A person is eligible to ob2 tain financial assistance under subsection (a) if the 

3 person— 

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

5 program of education referred to in subsection 

6 (a) at any educational institution described in 

7 such subsection; 

8 ‘‘(B) meets all of the requirements for ac9 ceptance into the commissioned officer corps of 

10 the Administration except for the completion of 

11 a baccalaureate degree; and 

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

13 the Secretary described in paragraph (2). 

14 ‘‘(2) AGREEMENT.—A written agreement re15 ferred to in paragraph (1)(C) is an agreement be16 tween the person and the Secretary in which the 

17 person agrees— 

18 ‘‘(A) to accept an appointment as an offi19 cer, if tendered; and 

20 ‘‘(B) upon completion of the person’s edu21 cational program, agrees to serve on active 

22 duty, immediately after appointment, for— 

23 ‘‘(i) up to 3 years if the person re24 ceived less than 3 years of assistance; and 
34 

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1 ‘‘(ii) up to 5 years if the person re2 ceived at least 3 years of assistance. 

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

4 financial assistance may be provided under subsection (a) 

5 are the following: 

6 ‘‘(1) Tuition and fees charged by the edu7 cational institution involved. 

8 ‘‘(2) The cost of books. 

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

10 leading to a baccalaureate degree, laboratory ex11 penses. 

12 ‘‘(4) Such other expenses as the Secretary con13 siders appropriate. 

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

15 prescribe the amount of financial assistance provided to 

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

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

18 States Code, for each year of obligated service that a per19 son agrees to serve in an agreement described in sub20 section (b)(2). 

21 ‘‘(e) DURATION OF ASSISTANCE.—Financial assist22 ance may be provided to a person under subsection (a) 

23 for not more than 5 consecutive academic years. 

24 ‘‘(f) SUBSISTENCE ALLOWANCE.— 
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1 ‘‘(1) IN GENERAL.—A person who receives fi2 nancial assistance under subsection (a) shall be enti3 tled to a monthly subsistence allowance at a rate 

4 prescribed under paragraph (2) for the duration of 

5 the period for which the person receives such finan6 cial assistance. 

7 ‘‘(2) DETERMINATION OF AMOUNT.—The Sec8 retary shall prescribe monthly rates for subsistence 

9 allowance provided under paragraph (1), which shall 

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

11 of title 10, United States Code. 

12 ‘‘(g) INITIAL CLOTHING ALLOWANCE.— 

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

14 a sum which shall be credited to each person who re15 ceives financial assistance under subsection (a) to 

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

17 equipment issue. 

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

19 program of education for which a person receives fi20 nancial assistance under subsection (a) and accept21 ance of appointment in the commissioned officer 

22 corps of the Administration, the person may be 

23 issued a subsequent clothing allowance equivalent to 

24 that normally provided to a newly appointed officer. 

25 ‘‘(h) TERMINATION OF FINANCIAL ASSISTANCE.— 
36 

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1 ‘‘(1) IN GENERAL.—The Secretary shall termi2 nate the assistance provided to a person under this 

3 section if— 

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

5 the person to be released from an agreement 

6 described in subsection (b)(2); 

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

8 in a failure to complete the period of active 

9 duty required under the agreement; or 

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

11 condition of the agreement. 

12 ‘‘(2) REIMBURSEMENT.—The Secretary may re13 quire a person who receives assistance described in 

14 subsection (c), (f), or (g) under an agreement en15 tered into under subsection (b)(1)(C) to reimburse 

16 the Secretary in an amount that bears the same 

17 ratio to the total costs of the assistance provided to 

18 that person as the unserved portion of active duty 

19 bears to the total period of active duty the officer 

20 agreed to serve under the agreement. 

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

22 service obligation of a person through an agreement 

23 entered into under subsection (b)(1)(C) if the per24 son— 
37 

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

2 duty in the commissioned officer corps of the 

3 Administration because of a circumstance not 

4 within the control of that person; or 

5 ‘‘(B) is— 

6 ‘‘(i) not physically qualified for ap7 pointment; and 

8 ‘‘(ii) determined to be unqualified for 

9 service in the commissioned officer corps of 

10 the Administration because of a physical or 

11 medical condition that was not the result 

12 of the person’s own misconduct or grossly 

13 negligent conduct. 

14 ‘‘(4) OBLIGATION AS DEBT TO UNITED

15 STATES.—An obligation to reimburse the Secretary 

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

17 debt owed to the United States. 

18 ‘‘(5) DISCHARGE IN BANKRUPTCY.—A dis19 charge in bankruptcy under title 11, United States 

20 Code, that is entered less than 5 years after the ter21 mination of a written agreement entered into under 

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

23 signing the agreement from a debt arising under 

24 such agreement or under paragraph (2). 
38 

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

2 such regulations and orders as the Secretary considers ap3 propriate to carry out this section.’’. 

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

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

6 Hydrographic Service Improvement Act of 1998, and for 

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

8 section 402(c), is further amended by inserting after the 

9 item relating to section 268 the following: 

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

10 SEC. 404. LIMITATION ON EDUCATIONAL ASSISTANCE. 

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

12 fiscal year 2013, the Secretary of Commerce shall ensure 

13 that the total amount expended by the Secretary under 

14 section 267 of the National Oceanic and Atmospheric Ad15 ministration Commissioned Officer Corps Act of 2002 (as 

16 added by section 401(a)), section 268 of such Act (as 

17 added by section 402(a)), and section 269 of such Act (as 

18 added by section 403(a)) does not exceed the amount by 

19 which— 

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

21 that fiscal year to officer candidates under section 

22 203(f)(1) of title 37, United States Code (as added 

23 by section 205(d)), if such section entitled officers 

24 candidates to pay at monthly rates equal to the 
39 

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1 basic pay of a commissioned officer in the pay grade 

2 O–1 with less than 2 years of service; exceeds 

3 (2) the total amount the Secretary actually 

4 pays in that fiscal year to officer candidates under 

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

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

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

8 term in section 212 of the National Oceanic and Atmos9 pheric Administration Commissioned Officer Corps Act of 

10 2002 (33 U.S.C. 3002), as added by section 205(c). 

11 SEC. 405. APPLICABILITY OF CERTAIN PROVISIONS OF 

12 TITLE 10, UNITED STATES CODE. 

13 Section 261(a) (33 U.S.C. 3071(a)) is amended— 

14 (1) by redesignating paragraphs (13) through 

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

16 (2) by redesignating paragraphs (7) through 

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

18 (3) by redesignating paragraphs (4) through 

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

20 (4) by inserting after paragraph (3) the fol21 lowing: 

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

23 wearing of uniforms. 

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

25 apparel while in uniform. 
40 

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

2 and local juries. 

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

4 oaths.’’; 

5 (5) by inserting after paragraph (10), as redes6 ignated, the following: 

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

8 Services for members being separated or recently 

9 separated.’’; and 

10 (6) by inserting after paragraph (17), as redes11 ignated, the following: 

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

13 Military Family Programs. 

14 ‘‘(19) Section 2005, relating to advanced edu15 cation assistance, active duty agreements, and reim16 bursement requirements.’’. 

17 SEC. 406. APPLICABILITY OF CERTAIN PROVISIONS OF 

18 TITLE 37, UNITED STATES CODE. 

19 (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 et 

20 seq.) is amended by inserting after section 261 the fol21 lowing: 

22 ‘‘SEC. 261A. APPLICABILITY OF CERTAIN PROVISIONS OF 

23 TITLE 37, UNITED STATES CODE. 

24 ‘‘(a) PROVISIONS MADE APPLICABLE TO COMMIS25 SIONED OFFICER CORPS.—The provisions of law applica-
41 

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1 ble to the Armed Forces under the following provisions 

2 of title 37, United States Code, shall apply to the commis3 sioned officer corps of the Administration: 

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

5 for new officers in critical skills. 

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

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

8 duty’. 

9 ‘‘(3) Section 403(l), relating to temporary con10 tinuation of housing allowance for dependents of 

11 members dying on active duty. 

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

13 money allowance while serving as Director of the 

14 National Oceanic and Atmospheric Administration 

15 Commissioned Officer Corps. 

16 ‘‘(5) Section 488, relating to allowances for re17 cruiting expenses. 

18 ‘‘(6) Section 495, relating to allowances for fu19 neral honors duty. 

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

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

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

23 respect to the provisions of law referred to in subsection 

24 (a) shall be exercised, with respect to the commissioned 
42 

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1 officer corps of the Administration, by the Secretary of 

2 Commerce or the Secretary’s designee.’’. 

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 261 the following: 

‘‘Sec. 261A. Applicability of certain provisions of title 37, United States 

Code.’’. 

8 SEC. 407. APPLICATION OF CERTAIN PROVISIONS OF COM9 PETITIVE SERVICE LAW. 

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

11 amended— 

12 (1) in paragraph (1), by inserting ‘‘and mem13 bers of the commissioned officer corps of the Na14 tional Oceanic and Atmospheric Administration (or 

15 its predecessor organization the Coast and Geodetic 

16 Survey) separated from such uniformed service’’ 

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

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

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

20 (3) in paragraph (4), by inserting ‘‘and mem21 bers of the commissioned officer corps of the Na22 tional Oceanic and Atmospheric Administration (or 

23 its predecessor organization the Coast and Geodetic 
43 

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1 Survey) separated from such uniformed service’’ 

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

3 SEC. 408. ELIGIBILITY OF ALL MEMBERS OF UNIFORMED 

4 SERVICES FOR LEGION OF MERIT AWARD. 

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

6 amended by striking ‘‘armed forces’’ and inserting ‘‘uni7 formed services’’. 

8 SEC. 409. APPLICATION OF EMPLOYMENT AND REEMPLOY9 MENT RIGHTS OF MEMBERS OF THE UNI10 FORMED SERVICES TO MEMBERS OF COM11 MISSIONED OFFICER CORPS. 

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

13 amended by inserting ‘‘the commissioned officer corps of 

14 the National Oceanic and Atmospheric Administration,’’ 

15 after ‘‘Public Health Service,’’. 

16 SEC. 410. PROTECTED COMMUNICATIONS FOR COMMIS17 SIONED OFFICER CORPS AND PROHIBITION 

18 OF RETALIATORY PERSONNEL ACTIONS. 

19 (a) IN GENERAL.—Subsection (a) of section 261 (33 

20 U.S.C. 3071), as amended by section 405, is further 

21 amended— 

22 (1) by redesignating paragraphs (8) through 

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

24 and 
44 

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1 (2) by inserting after paragraph (7) the fol2 lowing: 

3 ‘‘(8) Section 1034, relating to protected com4 munications and prohibition of retaliatory personnel 

5 actions.’’. 

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

7 such section is amended by adding at the end the fol8 lowing: ‘‘For purposes of paragraph (8) of subsection (a), 

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

10 10 shall mean the Inspector General of the Department 

11 of Commerce.’’. 

12 SEC. 411. CRIMINAL PENALTIES FOR WEARING UNIFORM 

13 WITHOUT AUTHORITY. 

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

15 amended by striking ‘‘Service or any’’ and inserting ‘‘Serv16 ice, the commissioned officer corps of the National Oce17 anic and Atmospheric Administration, or any’’. 

18 SEC. 412. TREATMENT OF COMMISSION IN COMMISSIONED 

19 OFFICER CORPS AS EMPLOYMENT IN NA20 TIONAL OCEANIC AND ATMOSPHERIC ADMIN21 ISTRATION FOR PURPOSES OF CERTAIN HIR22 ING DECISIONS. 

23 (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 et 

24 seq.), as amended by this title, is further amended by add25 ing at the end the following: 
45 

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1 ‘‘SEC. 269A. TREATMENT OF COMMISSION IN COMMIS2 SIONED OFFICER CORPS AS EMPLOYMENT IN 

3 ADMINISTRATION FOR PURPOSES OF CER4 TAIN HIRING DECISIONS. 

5 ‘‘(a) IN GENERAL.—In any case in which the Sec6 retary accepts an application for a position of employment 

7 with the Administration and limits consideration of appli8 cations for such position to applications submitted by indi9 viduals serving in a career or career-conditional position 

10 in the competitive service within the Administration, the 

11 Secretary shall deem an officer who has served as an offi12 cer in the commissioned officer corps for at least 3 years 

13 to be serving in a career or career-conditional position in 

14 the competitive service within the Administration for pur15 poses of such limitation. 

16 ‘‘(b) CAREER APPOINTMENTS.—If the Secretary se17 lects an application submitted by an officer described in 

18 subsection (a) for a position described in such subsection, 

19 the Secretary shall give such officer a career or career20 conditional appointment in the competitive service, as ap21 propriate. 

22 ‘‘(c) COMPETITIVE SERVICE DEFINED.—In this sec23 tion, the term ‘competitive service’ has the meaning given 

24 the term in section 2102 of title 5, United States Code.’’. 

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

26 in section 1 of the Act entitled ‘‘An Act to authorize the 
46 

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1 Hydrographic Service Improvement Act of 1998, and for 

2 other purposes’’ (Public Law 107–372) is amended by in3 serting after the item relating to section 269, as added 

4 by this title, the following new item: 

‘‘Sec. 269A. Treatment of commission in commissioned officer corps as employment in Administration for purposes of certain hiring decisions.’’. 

5 TITLE V—OTHER MATTERS 

6 SEC. 501. TECHNICAL CORRECTION. 

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

8 is amended by inserting ‘‘in the commissioned officer 

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

10 SEC. 502. REPORT. 

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

12 date of the enactment of this Act, the Secretary of Com13 merce shall submit to Congress a report evaluating the 

14 current status and projected needs of the commissioned 

15 officer corps of the National Oceanic and Atmospheric Ad16 ministration to operate sufficiently through fiscal year 

17 2017. 

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

19 (a) shall include the following: 

20 (1) The average annual attrition rate of officers 

21 in the commissioned officer corps of the National 

22 Oceanic and Atmospheric Administration. 

23 (2) An estimate of the number of annual re24 cruits that would reasonably be required to operate 
47 

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1 the commissioned officer corps sufficiently through 

2 fiscal year 2017. 

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

4 recruitment numbers through fiscal year 2017. 

5 (4) Identification of areas of duplication or un6 necessary redundancy in current activities of the 

7 commissioned officer corps that could otherwise be 

8 streamlined or eliminated to save costs. 

9 (5) Such other matters as the Secretary con10 siders appropriate regarding the provisions of this 

11 Act and the amendments made by this Act. 

12 SEC. 503. EFFECTIVE DATE. 

13 Notwithstanding any other provision of this Act, sec14 tions 101 through 411 shall take effect on the date that 

15 is 90 days after the date on which the Secretary of Com16 merce submits to Congress the report required by section 

17 502(a). 

Passed the Senate February 11, 2014. 

Attest: 

Secretary. 
113TH CONGRESS 

2D SESSION S. 1068 

AN ACT 

To reauthorize and amend the National Oceanic 

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