II 

113TH CONGRESS 

1ST SESSION S. 1068 

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 

MAY 23, 2013 

Mr. BEGICH (for himself, Mr. WICKER, and Mr. SCHATZ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

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

of 2002, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘National Oceanic and Atmospheric Administration Com6 missioned Officer Corps Amendments Act of 2013’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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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. 

Sec. 411. Criminal penalties for wearing uniform without authority. 

TITLE V—OTHER MATTERS 

Sec. 501. Technical correction. 

Sec. 502. Report. 

Sec. 503. Effective date. 


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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). 

22 ‘‘(4) Captain. 

23 ‘‘(5) Commander. 

24 ‘‘(6) Lieutenant commander. 

25 ‘‘(7) Lieutenant. 

26 ‘‘(8) Lieutenant (junior grade). 


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1 ‘‘(9) Ensign. 

2 ‘‘(b) PROPORTION.— 

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

4 list shall be distributed in grade in the following per5 centages: 

6 ‘‘(A) 8 in the grade of captain. 

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

8 ‘‘(C) 19 in the grade of lieutenant com9 mander. 

10 ‘‘(2) GRADES BELOW LIEUTENANT COM11 MANDER.—The Secretary shall prescribe, with re12 spect to the distribution on the lineal list in grade, 

13 the percentages applicable to the grades of lieuten14 ant, lieutenant (junior grade), and ensign. 

15 ‘‘(c) ANNUAL COMPUTATION OF NUMBER IN

16 GRADE.— 

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

18 once each year, the Secretary shall make a computa19 tion to determine the number of officers on the lin20 eal list authorized to be serving in each grade. 

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

22 in each grade shall be computed by applying the ap23 plicable percentage to the total number of such offi24 cers serving on active duty on the date the computa25 tion is made. 


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

2 computing the authorized number of officers in a 

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

the fraction is 1 4 ⁄2, the next higher whole number 

5 shall be taken. 

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

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

8 lineal list during a fiscal year may be temporarily exceeded 

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

10 does not exceed the authorized number. 

11 ‘‘(e) POSITIONS OF IMPORTANCE AND RESPONSI12 BILITY.—Officers serving in positions designated under 

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

14 shall not be counted when computing authorized strengths 

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

16 strengths. 

17 ‘‘(f) PRESERVATION OF GRADE AND PAY.—No offi18 cer may be reduced in grade or pay or separated from 

19 the commissioned officer corps of the Administration as 

20 the result of a computation made to determine the author21 ized number of officers in the various grades.’’. 


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1 SEC. 102. EXCLUSION OF OFFICERS RECALLED FROM RE2 TIRED STATUS AND POSITIONS OF IMPOR3 TANCE AND RESPONSIBILITY FROM NUMBER 

4 OF AUTHORIZED COMMISSIONED OFFICERS. 

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

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

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

8 ‘‘(a) IN GENERAL.—Effective’’; and 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(b) POSITIONS OF IMPORTANCE AND RESPONSI12 BILITY.—Officers serving in positions designated under 

13 section 228 and officers recalled from retired status— 

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

15 total number of authorized officers on the lineal list 

16 under this section; and 

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

18 SEC. 103. OBLIGATED SERVICE REQUIREMENT. 

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

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

21 ‘‘SEC. 216. OBLIGATED SERVICE REQUIREMENT. 

22 ‘‘(a) IN GENERAL.— 

23 ‘‘(1) RULEMAKING.—The Secretary shall pre24 scribe the obligated service requirements for appoint25 ments, training, promotions, separations, continuVerDate Mar 15 2010 21:09 May 30, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1068.IS S1068

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1 ations, and retirement of officers not otherwise cov2 ered by law. 

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

4 and officers shall enter into written agreements that 

5 describe the officers’ obligated service requirements 

6 prescribed under paragraph (1) in return for such 

7 appointments, training, promotions, separations, and 

8 retirements as the Secretary considers appropriate. 

9 ‘‘(b) REPAYMENT FOR FAILURE TO SATISFY RE10 QUIREMENTS.— 

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

12 an officer who fails to meet the service requirements 

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

14 Secretary in an amount that bears the same ratio to 

15 the total costs of the training provided to that offi16 cer by the Secretary as the unserved portion of ac17 tive duty bears to the total period of active duty the 

18 officer agreed to serve. 

19 ‘‘(2) OBLIGATION AS DEBT TO UNITED

20 STATES.—An obligation to reimburse the Secretary 

21 under paragraph (1) shall be considered for all pur22 poses as a debt owed to the United States. 

23 ‘‘(3) DISCHARGE IN BANKRUPTCY.—A dis24 charge in bankruptcy under title 11 that is entered 

25 less than 5 years after the termination of a written 


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

2 not discharge the individual signing the agreement 

3 from a debt arising under such agreement. 

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

5 The Secretary may waive the service obligation of an offi6 cer who— 

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

8 duty in the commissioned officer corps of the Ad9 ministration because of a circumstance not within 

10 the control of that officer; or 

11 ‘‘(2) is— 

12 ‘‘(A) not physically qualified for appoint13 ment; and 

14 ‘‘(B) determined to be unqualified for serv15 ice in the commissioned officer corps of the Ad16 ministration because of a physical or medical 

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

18 own misconduct or grossly negligent conduct.’’. 

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

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

21 Hydrographic Service Improvement Act of 1998, and for 

22 other purposes’’ (Public Law 107–372) is amended by in23 serting after the item relating to section 215 the following: 

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


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1 SEC. 104. TRAINING AND PHYSICAL FITNESS. 

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

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

4 by adding at the end the following: 

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

6 ‘‘(a) TRAINING.—The Secretary may take such meas7 ures as may be necessary to ensure that officers are pre8 pared to carry out their duties in the commissioned officer 

9 corps of the Administration and proficient in the skills 

10 necessary to carry out such duties. Such measures may 

11 include the following: 

12 ‘‘(1) Carrying out training programs and cor13 respondence courses, including establishing and op14 erating a basic officer training program to provide 

15 initial indoctrination and maritime vocational train16 ing for officer candidates as well as refresher train17 ing, mid-career training, aviation training, and such 

18 other training as the Secretary considers necessary 

19 for officer development and proficiency. 

20 ‘‘(2) Providing officers and officer candidates 

21 with books and school supplies. 

22 ‘‘(3) Acquiring such equipment as may be nec23 essary for training and instructional purposes. 

24 ‘‘(b) PHYSICAL FITNESS.—The Secretary shall en25 sure that officers maintain a high physical state of readi26 ness by establishing standards of physical fitness for offiVerDate Mar 15 2010 21:09 May 30, 2013 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1068.IS S1068

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1 cers that are substantially equivalent to those prescribed 

2 for officers in the Coast Guard.’’. 

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), as amended by 

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

8 item relating to section 216 the following: 

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

9 TITLE II—APPOINTMENTS AND 

10 PROMOTION OF OFFICERS 

11 SEC. 201. APPOINTMENTS. 

12 (a) ORIGINAL APPOINTMENTS.— 

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

14 3021) is amended to read as follows: 

15 ‘‘SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINT16 MENTS. 

17 ‘‘(a) ORIGINAL APPOINTMENTS.— 

18 ‘‘(1) GRADES.— 

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

20 subparagraph (B), an original appointment of 

21 an officer may be made in such grades as may 

22 be appropriate for— 

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

24 length of service of the appointee; and 


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1 ‘‘(ii) the commissioned officer corps of 

2 the Administration. 

3 ‘‘(B) APPOINTMENT OF OFFICER CAN4 DIDATES.— 

5 ‘‘(i) LIMITATION ON GRADE.—An 

6 original appointment of an officer can7 didate, upon graduation from the basic of8 ficer training program of the commissioned 

9 officer corps of the Administration, may 

10 not be made in any other grade than en11 sign. 

12 ‘‘(ii) RANK.—Officer candidates re13 ceiving appointments as ensigns upon 

14 graduation from basic officer training pro15 gram shall take rank according to their 

16 proficiency as shown by the order of their 

17 merit at date of graduation. 

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

19 appointment may be made from among the fol20 lowing: 

21 ‘‘(A) Graduates of the basic officer train22 ing program of the commissioned officer corps 

23 of the Administration. 

24 ‘‘(B) Graduates of the military service 

25 academies of the United States who otherwise 


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1 meet the academic standards for enrollment in 

2 the training program described in subparagraph 

3 (A). 

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

5 merchant marine who have served 2 or more 

6 years aboard a vessel of the United States in 

7 the capacity of a licensed officer, who otherwise 

8 meet the academic standards for enrollment in 

9 the training program described in subparagraph 

10 (A). 

11 ‘‘(3) MILITARY SERVICE ACADEMIES OF THE

12 UNITED STATES DEFINED.—In this subsection, the 

13 term ‘military service academies of the United 

14 States’ means the following: 

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

16 West Point, New York. 

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

18 Annapolis, Maryland. 

19 ‘‘(C) The United States Air Force Acad20 emy, Colorado Springs, Colorado. 

21 ‘‘(D) The United States Coast Guard 

22 Academy, New London, Connecticut. 

23 ‘‘(E) The United States Merchant Marine 

24 Academy, Kings Point, New York. 

25 ‘‘(b) REAPPOINTMENT.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), an individual who previously served in the 

3 commissioned officer corps of the Administration 

4 may be appointed by the Secretary to the grade the 

5 individual held prior to separation. 

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

7 An appointment under paragraph (1) to a position 

8 of importance and responsibility designated under 

9 section 228 may only be made by the President. 

10 ‘‘(c) QUALIFICATIONS.—An appointment under sub11 section (a) or (b) may not be given to an individual until 

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

13 fitness to perform the duties of an officer has been estab14 lished under such regulations as the Secretary shall pre15 scribe. 

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

17 under this section shall take precedence in the grade to 

18 which appointed in accordance with the dates of their com19 missions as commissioned officers in such grade. Ap20 pointees whose dates of commission are the same shall 

21 take precedence with each other as the Secretary shall de22 termine. 

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

24 transfers (as described in the Department of Defense DiVerDate Mar 15 2010 21:09 May 30, 2013 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1068.IS S1068

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1 rective 1300.4 (dated December 27, 2006)) the Secretary 

2 shall— 

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

4 and the Secretary of the Department in which the 

5 Coast Guard is operating to promote and streamline 

6 inter-service transfers; 

7 ‘‘(2) give preference to such inter-service trans8 fers for recruitment purposes as determined appro9 priate by the Secretary; and 

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

11 the equivalent grade in the commissioned officer 

12 corps.’’. 

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions in section 1 of the Act entitled ‘‘An Act to au15 thorize the Hydrographic Service Improvement Act 

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

17 372) is amended by striking the item relating to sec18 tion 221 and inserting the following: 

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

19 SEC. 202. PERSONNEL BOARDS. 

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

21 follows: 

22 ‘‘SEC. 222. PERSONNEL BOARDS. 

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

24 each year and at such other times as the Secretary deterVerDate Mar 15 2010 21:09 May 30, 2013 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1068.IS S1068

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1 mines necessary, the Secretary shall convene a personnel 

2 board. 

3 ‘‘(b) MEMBERSHIP.— 

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

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

6 are serving in or above the permanent grade of the 

7 officers under consideration by the board. 

8 ‘‘(2) RETIRED OFFICERS.—Officers on the re9 tired list may be recalled to serve on such personnel 

10 boards as the Secretary considers necessary. 

11 ‘‘(3) NO MEMBERSHIP ON 2 SUCCESSIVE

12 BOARDS.—No officer may be a member of 2 succes13 sive personnel boards convened to consider officers 

14 of the same grade for promotion or separation. 

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

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

17 as may be necessary to correct any erroneous posi18 tion on the lineal list that was caused by administra19 tive error; and 

20 ‘‘(2) make selections and recommendations to 

21 the Secretary and the President for the appoint22 ment, promotion, involuntary separation, continu23 ation, and involuntary retirement of officers in the 

24 commissioned officer corps of the Administration as 

25 prescribed in this title. 


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1 ‘‘(d) ACTION ON RECOMMENDATIONS NOT ACCEPT2 ABLE.—If any recommendation by a board convened 

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

4 the President, the board shall make such further rec5 ommendations as the Secretary or the President consider 

6 appropriate.’’. 

7 SEC. 203. DELEGATION OF AUTHORITY FOR APPOINT8 MENTS AND PROMOTIONS TO PERMANENT 

9 GRADES. 

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

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

12 the following: 

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

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

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

16 If the President delegates authority to the Secretary to 

17 make appointments under this section, the President shall, 

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

19 vacant, delegate such authority to the Deputy Secretary 

20 of Commerce or the Under Secretary for Oceans and At21 mosphere during such period.’’. 

22 SEC. 204. TEMPORARY APPOINTMENTS. 

23 Section 229 (33 U.S.C. 3029) is amended to read as 

24 follows: 


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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. 

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. 

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. Any such 

19 temporary promotion terminates upon the transfer of the 

20 officer to a new assignment. 

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

22 If the President delegates authority to the Secretary to 

23 make appointments under this section, the President shall, 

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

25 vacant, delegate such authority to the Deputy Secretary 


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1 of Commerce or the Under Secretary for Oceans and At2 mosphere during such period.’’. 

3 SEC. 205. OFFICER CANDIDATES. 

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

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

6 ‘‘SEC. 234. OFFICER CANDIDATES. 

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

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

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

13 to determining age limits, methods of selection of officer 

14 candidates, term of service as an officer candidate before 

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

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

18 the basic officer training program of the Administration 

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

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

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

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1 tional Oceanic and Atmospheric Administration Commis2 sioned Officer Corps. 

3 ‘‘(d) AGREEMENT.— 

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

5 shall sign an agreement with the Secretary in ac6 cordance with section 216(a)(2) regarding the officer 

7 candidate’s term of service in the commissioned offi8 cer corps of the Administration. 

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

10 officer candidate under paragraph (1) shall provide 

11 that the officer candidate agrees to the following: 

12 ‘‘(A) That the officer candidate will com13 plete the course of instruction at the basic offi14 cer training program of the Administration. 

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

16 program, the officer candidate— 

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

18 tendered, as an officer; and 

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

20 least 4 years immediately after such ap21 pointment. 

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

23 regulations to carry out this section. Such regulations 

24 shall include— 


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1 ‘‘(1) standards for determining what constitutes 

2 a breach of an agreement signed under such sub3 section (d)(1); and 

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

5 breach has occurred. 

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

7 officer candidate who does not fulfill the terms of the obli8 gation to serve as specified under section (d) shall be sub9 ject to the repayment provisions of section 216(b).’’. 

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) is amended by in14 serting after the item relating to section 233 the following: 

‘‘Sec. 234. Officer candidates.’’. 

15 (c) OFFICER CANDIDATE DEFINED.—Section 212 

16 (33 U.S.C. 3002) is amended— 

17 (1) by redesignating paragraphs (4) through 

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

19 (2) by inserting after paragraph (3) the fol20 lowing: 

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

22 candidate’ means an individual who is enrolled in the 

23 basic officer training program of the Administration 

24 and is under consideration for appointment as an of25 ficer under section 221(a)(2)(A).’’. 


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

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

3 end the following: 

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

6 the National Oceanic and Atmospheric Administration is 

7 entitled, while participating in such program, to monthly 

8 officer candidate pay at monthly rate equal to the basic 

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

10 than 2 years service. 

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

12 shall receive credit for the time spent participating in such 

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

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

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

17 SEC. 206. PROCUREMENT OF PERSONNEL. 

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

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

20 by adding at the end the following: 

21 ‘‘SEC. 235. PROCUREMENT OF PERSONNEL. 

22 ‘‘The Secretary may make such expenditures as the 

23 Secretary considers necessary in order to obtain recruits 

24 for the commissioned officer corps of the Administration, 

25 including advertising.’’. 


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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), as amended by 

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

6 item relating to section 234 the following: 

‘‘235. Procurement of personnel.’’. 

7 TITLE III—SEPARATION AND 

8 RETIREMENT OF OFFICERS 

9 SEC. 301. INVOLUNTARY RETIREMENT OR SEPARATION. 

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

11 at the end the following: 

12 ‘‘(d) DEFERMENT OF RETIREMENT OR SEPARATION

13 FOR MEDICAL REASONS.— 

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

15 that the evaluation of the medical condition of an of16 ficer requires hospitalization or medical observation 

17 that cannot be completed with confidence in a man18 ner consistent with the officer’s well being before the 

19 date on which the officer would otherwise be re20 quired to retire or be separated under this section, 

21 the Secretary may defer the retirement or separation 

22 of the officer. 

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

24 only be made with the written consent of the officer 

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1 sent to the deferment, the officer shall be retired or 

2 separated as scheduled. 

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

4 separation under this subsection may not extend for 

5 more than 30 days after completion of the evalua6 tion requiring hospitalization or medical observa7 tion.’’. 

8 SEC. 302. SEPARATION PAY. 

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

10 at the end the following: 

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

12 failing selection for promotion to the next higher grade 

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

14 officer— 

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

16 promotion; or 

17 ‘‘(2) requests removal from the list of select18 ees.’’. 

19 TITLE IV—RIGHTS AND 

20 BENEFITS 

21 SEC. 401. EDUCATION LOAN REPAYMENT PROGRAM. 

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

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


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

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

3 For the purpose of maintaining adequate numbers of offi4 cers of the commissioned officer corps of the Administra5 tion on active duty who have skills required by the com6 missioned officer corps, the Secretary may repay, in the 

7 case of a person 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 

14 a 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 

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1 bility of an individual for a loan repayment under this sec2 tion: 

3 ‘‘(1) The person is fully qualified in a profes4 sion that the Secretary has determined to be nec5 essary to meet identified skill shortages in the com6 missioned officer corps. 

7 ‘‘(2) The person is enrolled as a full-time stu8 dent in the final year of a course of study at an ac9 credited educational institution (as determined by 

10 the Secretary of Education) leading to a degree in 

11 a profession that will meet identified skill shortages 

12 in the 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 ob18 tained by a person described in subsection (b). 

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

20 of obligated service that a person agrees to serve in 

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

22 Secretary may pay not more than the amount speci23 fied in section 2173(e)(2) of title 10, United States 

24 Code. 

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


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

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

3 active 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 

13 than 1 year for each maximum annual amount, 

14 or portion thereof, paid on behalf of the person 

15 for qualified loans. 

16 ‘‘(3) PERSONS ON ACTIVE DUTY BEFORE EN17 TERING INTO AGREEMENT.—The active duty service 

18 obligation of persons on active duty before entering 

19 into the agreement shall be served after the conclu20 sion of any other obligation incurred under the 

21 agreement. 

22 ‘‘(f) EFFECT OF FAILURE TO COMPLETE OBLIGA23 TION.— 

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

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


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1 under this section before the completion of that obli2 gation may be given any alternative obligation, at 

3 the discretion of the Secretary. 

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

5 complete the period of active duty specified in the 

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

7 the alternative obligation imposed under paragraph 

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

9 under section 216. 

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

11 regulations to carry out this section, including— 

12 ‘‘(1) standards for qualified loans and author13 ized payees; and 

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

15 of loan repayments.’’. 

16 (b) 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) is amended by in20 serting after the item relating to section 266 the following: 

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

21 SEC. 402. INTEREST PAYMENT PROGRAM. 

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

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

24 by adding at the end the following: 


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1 ‘‘SEC. 268. INTEREST PAYMENT PROGRAM. 

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

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

5 section. 

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

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

8 ‘‘(1) is serving on active duty; 

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

10 service on active duty; 

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

12 described in subsection (c); and 

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

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

16 to the following loans: 

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

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

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

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

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

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

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

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

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


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1 section for any of the 36 consecutive months during which 

2 the officer is eligible under subsection (b). 

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

4 use amounts appropriated for the pay and allowances of 

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

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

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

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

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

13 shall transfer to the Secretary of Education the 

14 funds necessary— 

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

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

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

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

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

22 incurred by the Secretary in coordinating the 

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

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

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

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

7 (b) CONFORMING AMENDMENTS.— 

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

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

10 (A) by striking the subsection heading and 

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

13 INTEREST PAYMENT PROGRAMS’’; and 

14 (B) in paragraph (1)— 

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

16 National Oceanic and Atmospheric Admin17 istration Commissioned Officer Corps Act 

18 of 2002’’ after ‘‘Code,’’; and 

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

20 commissioned officer corps of the National 

21 Oceanic and Atmospheric Administration, 

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

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

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

25 1087dd(j)) are each amended— 


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1 (A) by striking the subsection heading and 

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

4 INTEREST PAYMENT PROGRAMS’’; and 

5 (B) in paragraph (1)— 

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

7 National Oceanic and Atmospheric Admin8 istration Commissioned Officer Corps Act 

9 of 2002’’ after ‘‘Code,’’; and 

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

11 commissioned officer corps of the National 

12 Oceanic and Atmospheric Administration, 

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

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

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

16 Hydrographic Service Improvement Act of 1998, and for 

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

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

19 item relating to section 267 the following: 

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

20 SEC. 403. STUDENT PRE-COMMISSIONING EDUCATION AS21 SISTANCE PROGRAM. 

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

23 seq.), as amended by sections 401(a) and 402(a), is fur24 ther amended by adding at the end the following: 


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1 ‘‘SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION AS2 SISTANCE PROGRAM. 

3 ‘‘(a) AUTHORITY TO PROVIDE FINANCIAL ASSIST4 ANCE.—For the purpose of maintaining adequate numbers 

5 of officers of the commissioned officer corps of the Admin6 istration on active duty, the Secretary may provide finan7 cial assistance to a person described in subsection (b) for 

8 expenses of the person while the person is pursuing on 

9 a full-time basis at an accredited educational institution 

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

11 of education approved by the Secretary that leads to— 

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

13 academic years; or 

14 ‘‘(2) a postbaccalaureate degree. 

15 ‘‘(b) ELIGIBLE PERSONS.— 

16 ‘‘(1) IN GENERAL.—A person is eligible to ob17 tain financial assistance under subsection (a) if the 

18 person— 

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

20 program of education referred to in subsection 

21 (a) at any educational institution described in 

22 such subsection; 

23 ‘‘(B) meets all of the requirements for ac24 ceptance into the commissioned officer corps of 

25 the Administration except for the completion of 

26 a baccalaureate degree; and 


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

2 the Secretary described in paragraph (2). 

3 ‘‘(2) AGREEMENT.—A written agreement re4 ferred to in paragraph (1)(C) is an agreement be5 tween the person and the Secretary in which the 

6 person agrees— 

7 ‘‘(A) to accept an appointment as an offi8 cer, if tendered; and 

9 ‘‘(B) upon completion of the person’s edu10 cational program, agrees to serve on active 

11 duty, immediately after appointment, for— 

12 ‘‘(i) up to 3 years if the person re13 ceived less than 3 years of assistance; and 

14 ‘‘(ii) up to 5 years if the person re15 ceived at least 3 years of assistance. 

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

17 financial assistance may be provided under subsection (a) 

18 are the following: 

19 ‘‘(1) Tuition and fees charged by the edu20 cational institution involved. 

21 ‘‘(2) The cost of books. 

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

23 leading to a baccalaureate degree, laboratory ex24 penses. 


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1 ‘‘(4) Such other expenses as the Secretary con2 siders appropriate. 

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

4 prescribe the amount of financial assistance provided to 

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

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

7 States Code, for each year of obligated service that a per8 son agrees to serve in an agreement described in sub9 section (b)(2). 

10 ‘‘(e) DURATION OF ASSISTANCE.—Financial assist11 ance may be provided to a person under subsection (a) 

12 for not more than 5 consecutive academic years. 

13 ‘‘(f) SUBSISTENCE ALLOWANCE.— 

14 ‘‘(1) IN GENERAL.—A person who receives fi15 nancial assistance under subsection (a) shall be enti16 tled to a monthly subsistence allowance at a rate 

17 prescribed under paragraph (2) for the duration of 

18 the period for which the person receives such finan19 cial assistance. 

20 ‘‘(2) DETERMINATION OF AMOUNT.—The Sec21 retary shall prescribe monthly rates for subsistence 

22 allowance provided under paragraph (1), which shall 

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

24 of title 10, United States Code. 

25 ‘‘(g) INITIAL CLOTHING ALLOWANCE.— 


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

2 a sum which shall be credited to each person who re3 ceives financial assistance under subsection (a) to 

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

5 equipment issue. 

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

7 program of education for which a person receives fi8 nancial assistance under subsection (a) and accept9 ance of appointment in the commissioned officer 

10 corps of the Administration, the person may be 

11 issued a subsequent clothing allowance equivalent to 

12 that normally provided to a newly appointed officer. 

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

14 ‘‘(1) IN GENERAL.—The Secretary shall termi15 nate the assistance provided to a person under this 

16 section if— 

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

18 the person to be released from an agreement 

19 described in subsection (b)(2); 

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

21 in a failure to complete the period of active 

22 duty required under the agreement; or 

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

24 condition of the agreement. 


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1 ‘‘(2) REIMBURSEMENT.—The Secretary may re2 quire a person who receives assistance described in 

3 subsection (c), (f), or (g) under an agreement en4 tered into under subsection (b)(1)(C) to reimburse 

5 the Secretary in an amount that bears the same 

6 ratio to the total costs of the assistance provided to 

7 that person as the unserved portion of active duty 

8 bears to the total period of active duty the officer 

9 agreed to serve under the agreement. 

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

11 service obligation of a person through an agreement 

12 entered into under subsection (b)(1)(C) if the per13 son— 

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

15 duty in the commissioned officer corps of the 

16 Administration because of a circumstance not 

17 within the control of that person; or 

18 ‘‘(B) is— 

19 ‘‘(i) not physically qualified for ap20 pointment; and 

21 ‘‘(ii) determined to be unqualified for 

22 service in the commissioned officer corps of 

23 the Administration because of a physical or 

24 medical condition that was not the result 


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1 of the person’s own misconduct or grossly 

2 negligent conduct. 

3 ‘‘(4) OBLIGATION AS DEBT TO UNITED

4 STATES.—An obligation to reimburse the Secretary 

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

6 debt owed to the United States. 

7 ‘‘(5) DISCHARGE IN BANKRUPTCY.—A dis8 charge in bankruptcy under title 11, United States 

9 Code, that is entered less than 5 years after the ter10 mination of a written agreement entered into under 

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

12 signing the agreement from a debt arising under 

13 such agreement or under paragraph (2). 

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

15 such regulations and orders as the Secretary considers ap16 propriate to carry out this section.’’. 

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

22 item relating to section 268 the following: 

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

23 SEC. 404. LIMITATION ON EDUCATIONAL ASSISTANCE. 

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

25 fiscal year 2013, the Secretary of Commerce shall ensure 


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1 that the total amount expended by the Secretary under 

2 section 267 of the National Oceanic and Atmospheric Ad3 ministration Commissioned Officer Corps Act of 2002 (as 

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

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

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

7 which— 

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

9 that fiscal year to officer candidates under section 

10 203(f)(1) of title 37, United States Code (as added 

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

12 candidates to pay at monthly rates equal to the 

13 basic pay of a commissioned officer in the pay grade 

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

15 (2) the total amount the Secretary actually 

16 pays in that fiscal year to officer candidates under 

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

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

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

20 term in section 212 of the National Oceanic and Atmos21 pheric Administration Commissioned Officer Corps Act of 

22 2002 (33 U.S.C. 3002), as added by section 205(c). 

23 SEC. 405. APPLICABILITY OF CERTAIN PROVISIONS OF 

24 TITLE 10, UNITED STATES CODE. 

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


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1 (1) by redesignating paragraphs (13) through 

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

3 (2) by redesignating paragraphs (7) through 

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

5 (3) by redesignating paragraphs (4) through 

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

7 (4) by inserting after paragraph (3) the fol8 lowing: 

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

10 wearing of uniforms. 

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

12 apparel while in uniform. 

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

14 and local juries. 

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

16 oaths.’’; 

17 (5) by inserting after paragraph (10), as redes18 ignated, the following: 

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

20 Services for members being separated or recently 

21 separated.’’; and 

22 (6) by inserting after paragraph (17), as redes23 ignated, the following: 

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

25 Military Family Programs. 


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1 ‘‘(19) Section 2005, relating to advanced edu2 cation assistance, active duty agreements, and reim3 bursement requirements.’’. 

4 SEC. 406. APPLICABILITY OF CERTAIN PROVISIONS OF 

5 TITLE 37, UNITED STATES CODE. 

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

7 seq.) is amended by inserting after section 261 the fol8 lowing: 

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

10 TITLE 37, UNITED STATES CODE. 

11 ‘‘(a) PROVISIONS MADE APPLICABLE TO COMMIS12 SIONED OFFICER CORPS.—The provisions of law applica13 ble to the Armed Forces under the following provisions 

14 of title 37, United States Code, shall apply to the commis15 sioned officer corps of the Administration: 

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

17 for new officers in critical skills. 

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

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

20 duty’. 

21 ‘‘(3) Section 403(l), relating to temporary con22 tinuation of housing allowance for dependents of 

23 members dying on active duty. 

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

25 money allowance while serving as Director of the 


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1 National Oceanic and Atmospheric Administration 

2 Commissioned Officer Corps. 

3 ‘‘(5) Section 428, relating to allowances for re4 cruiting expenses. 

5 ‘‘(6) Section 435, relating to allowances for fu6 neral honors duty. 

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

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

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

10 respect to the provisions of law referred to in subsection 

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

12 officer corps of the Administration, by the Secretary of 

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

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

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

16 Hydrographic Service Improvement Act of 1998, and for 

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

18 section 404(b), is further amended by inserting after the 

19 item relating to section 269 the following: 

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

Code.’’. 

20 SEC. 407. APPLICATION OF CERTAIN PROVISIONS OF COM21 PETITIVE SERVICE LAW. 

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

23 amended— 


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1 (1) in paragraph (1), by inserting ‘‘and mem2 bers of the commissioned officer corps of the Na3 tional Oceanic and Atmospheric Administration (or 

4 its predecessor organization the Coast and Geodetic 

5 Survey) separated from such uniformed service’’ 

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

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

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

9 (3) in paragraph (4), by inserting ‘‘and mem10 bers of the commissioned officer corps of the Na11 tional Oceanic and Atmospheric Administration (or 

12 its predecessor organization the Coast and Geodetic 

13 Survey) separated from such uniformed service’’ 

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

15 SEC. 408. ELIGIBILITY OF ALL MEMBERS OF UNIFORMED 

16 SERVICES FOR LEGION OF MERIT AWARD. 

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

18 amended by striking ‘‘armed forces’’ and inserting ‘‘uni19 formed services’’. 

20 SEC. 409. APPLICATION OF EMPLOYMENT AND REEMPLOY21 MENT RIGHTS OF MEMBERS OF THE UNI22 FORMED SERVICES TO MEMBERS OF COM23 MISSIONED OFFICER CORPS. 

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

25 amended by inserting ‘‘the commissioned officer corps of 


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1 the National Oceanic and Atmospheric Administration,’’ 

2 after ‘‘Public Health Service,’’. 

3 SEC. 410. PROTECTED COMMUNICATIONS FOR COMMIS4 SIONED OFFICER CORPS AND PROHIBITION 

5 OF RETALIATORY PERSONNEL ACTIONS. 

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

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

8 amended— 

9 (1) by redesignating paragraphs (8) through 

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

11 and 

12 (2) by inserting after paragraph (7) the fol13 lowing: 

14 ‘‘(8) Section 1034, relating to protected com15 munications and prohibition of retaliatory personnel 

16 actions.’’. 

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

18 such section is amended by adding at the end the fol19 lowing: ‘‘For purposes of paragraph (8) of subsection (a), 

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

21 10 shall mean the Inspector General of the Department 

22 of Commerce.’’. 


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1 SEC. 411. CRIMINAL PENALTIES FOR WEARING UNIFORM 

2 WITHOUT AUTHORITY. 

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

4 amended by striking ‘‘Service or any’’ and inserting ‘‘Serv5 ice, the commissioned officer corps of the National Oce6 anic and Atmospheric Administration, or any’’. 

7 TITLE V—OTHER MATTERS 

8 SEC. 501. TECHNICAL CORRECTION. 

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

10 is amended by inserting ‘‘in the commissioned officer 

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

12 SEC. 502. REPORT. 

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

14 date of the enactment of this Act, the Secretary of Com15 merce shall submit to Congress a report evaluating the 

16 current status and projected needs of the commissioned 

17 officer corps of the National Oceanic and Atmospheric Ad18 ministration to operate sufficiently through fiscal year 

19 2017. 

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

21 (a) shall include the following: 

22 (1) The average annual attrition rate of officers 

23 in the commissioned officer corps of the National 

24 Oceanic and Atmospheric Administration. 

25 (2) An estimate of the number of annual re26 cruits that would reasonably be required to operate 


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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). 

Æ 


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