II 

115TH CONGRESS 

1ST SESSION S. 171 

To reauthorize and amend the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002, to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 17, 2017 

Mr. SULLIVAN (for himself, Mr. THUNE, Mr. NELSON, Ms. MURKOWSKI, Mr. 

SCHATZ, Ms. CANTWELL, and Mr. WICKER) 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, to reauthorize the Hydrographic Services Improvement Act of 1998, 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 and Hydrographic 


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1 Services Improvement Act Reauthorization and Amend2 ments Act of 2017’’. 

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

4 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. Recalled officers. 

Sec. 103. Obligated service requirement. 

Sec. 104. Training and physical fitness. 

Sec. 105. Recruiting materials. 

Sec. 106. Technical correction. 

TITLE II—PARITY AND RECRUITMENT 

Sec. 201. Education loans. 

Sec. 202. Interest payments. 

Sec. 203. Student pre-commissioning program. 

Sec. 204. Limitation on educational assistance. 

Sec. 205. Applicability of certain provisions of title 10, United States Code, and 

extension of certain authorities applicable to members of the 

Armed Forces to commissioned officer corps. 

Sec. 206. Applicability of certain provisions of title 37, United States Code. 

Sec. 207. Legion of Merit award. 

Sec. 208. Prohibition on retaliatory personnel actions. 

Sec. 209. Penalties for wearing uniform without authority. 

Sec. 210. Application of certain provisions of competitive service law. 

Sec. 211. Employment and reemployment rights. 

Sec. 212. Treatment of commission in commissioned officer corps for purposes 

of certain hiring decisions. 

Sec. 213. Direct hire authority. 

TITLE III—APPOINTMENTS AND PROMOTION OF OFFICERS 

Sec. 301. Appointments. 

Sec. 302. Personnel boards. 

Sec. 303. Delegation of authority. 

Sec. 304. Assistant Administrator of the Office of Marine and Aviation Operations. 

Sec. 305. Temporary appointments. 

Sec. 306. Officer candidates. 

Sec. 307. Procurement of personnel. 

TITLE IV—SEPARATION AND RETIREMENT OF OFFICERS 

Sec. 401. Involuntary retirement or separation. 

Sec. 402. Separation pay. 


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TITLE V—HYDROGRAPHIC SERVICES AND OTHER MATTERS 

Sec. 501. Reauthorization of Hydrographic Services Improvement Act of 1998. 

Sec. 502. Waivers of bond requirements for certain contracts. 

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. 


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1 ‘‘(6) Lieutenant commander. 

2 ‘‘(7) Lieutenant. 

3 ‘‘(8) Lieutenant (junior grade). 

4 ‘‘(9) Ensign. 

5 ‘‘(b) GRADE DISTRIBUTION.—The Secretary shall 

6 prescribe, with respect to the distribution on the lineal list 

7 in grade, the percentages applicable to the grades set forth 

8 in subsection (a). 

9 ‘‘(c) ANNUAL COMPUTATION OF NUMBER IN

10 GRADE.— 

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

12 once each year, the Secretary shall make a computa13 tion to determine the number of officers on the lin14 eal list authorized to be serving in each grade. 

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

16 in each grade shall be computed by applying the ap17 plicable percentage to the total number of such offi18 cers serving on active duty on the date the computa19 tion is made. 

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

21 computing the authorized number of officers in a 

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

the fraction is 1 23 ⁄2, the next higher whole number 

24 shall be taken. 


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

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

3 lineal list during a fiscal year may be temporarily exceeded 

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

5 does not exceed the authorized number. 

6 ‘‘(e) POSITIONS OF IMPORTANCE AND RESPONSI7 BILITY.—Officers serving in positions designated under 

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

9 shall not be counted when computing authorized strengths 

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

11 strengths. 

12 ‘‘(f) PRESERVATION OF GRADE AND PAY.—No offi13 cer may be reduced in grade or pay or separated from 

14 the commissioned officer corps of the Administration as 

15 the result of a computation made to determine the author16 ized number of officers in the various grades.’’. 

17 SEC. 102. RECALLED OFFICERS. 

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

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

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

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

22 (2) by adding at the end the following new sub23 section: 

24 ‘‘(b) POSITIONS OF IMPORTANCE AND RESPONSI25 BILITY.—Officers serving in positions designated under 


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1 section 228 and officers recalled from retired status or de2 tailed to an agency other than the Administration— 

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

4 total number of authorized officers on the lineal list 

5 under this section; and 

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

7 SEC. 103. OBLIGATED SERVICE REQUIREMENT. 

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

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

10 ‘‘SEC. 216. OBLIGATED SERVICE REQUIREMENT. 

11 ‘‘(a) IN GENERAL.— 

12 ‘‘(1) RULEMAKING.—The Secretary shall pre13 scribe the obligated service requirements for appoint14 ments, training, promotions, separations, continu15 ations, and retirement of officers not otherwise cov16 ered by law. 

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

18 and officers shall enter into written agreements that 

19 describe the officers’ obligated service requirements 

20 prescribed under paragraph (1) in return for such 

21 appointments, training, promotions, separations, and 

22 retirements as the Secretary considers appropriate. 

23 ‘‘(b) REPAYMENT FOR FAILURE TO SATISFY RE24 QUIREMENTS.— 


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

2 an officer who fails to meet the service requirements 

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

4 Secretary in an amount that bears the same ratio to 

5 the total costs of the training provided to that offi6 cer by the Secretary as the unserved portion of ac7 tive duty bears to the total period of active duty the 

8 officer agreed to serve. 

9 ‘‘(2) OBLIGATION AS DEBT TO UNITED

10 STATES.—An obligation to reimburse the Secretary 

11 under paragraph (1) shall be considered for all pur12 poses as a debt owed to the United States. 

13 ‘‘(3) DISCHARGE IN BANKRUPTCY.—A dis14 charge in bankruptcy under title 11 that is entered 

15 less than 5 years after the termination of a written 

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

17 not discharge the individual signing the agreement 

18 from a debt arising under such agreement. 

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

20 The Secretary may waive the service obligation of an offi21 cer who— 

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

23 duty in the commissioned officer corps of the Ad24 ministration because of a circumstance not within 

25 the control of that officer; or 


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1 ‘‘(2) is— 

2 ‘‘(A) not physically qualified for appoint3 ment; and 

4 ‘‘(B) determined to be unqualified for serv5 ice in the commissioned officer corps of the Ad6 ministration because of a physical or medical 

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

8 own misconduct or grossly negligent conduct.’’. 

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

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

11 Hydrographic Services Improvement Act of 1998, and for 

12 other purposes’’ (Public Law 107–372) is amended by in13 serting after the item relating to section 215 the following: 

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

14 SEC. 104. TRAINING AND PHYSICAL FITNESS. 

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

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

17 by adding at the end the following: 

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

19 ‘‘(a) TRAINING.—The Secretary may take such meas20 ures as may be necessary to ensure that officers are pre21 pared to carry out their duties in the commissioned officer 

22 corps of the Administration and proficient in the skills 

23 necessary to carry out such duties. Such measures may 

24 include the following: 


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1 ‘‘(1) Carrying out training programs and cor2 respondence courses, including establishing and op3 erating a basic officer training program to provide 

4 initial indoctrination and maritime vocational train5 ing for officer candidates as well as refresher train6 ing, mid-career training, aviation training, and such 

7 other training as the Secretary considers necessary 

8 for officer development and proficiency. 

9 ‘‘(2) Providing officers and officer candidates 

10 with books and school supplies. 

11 ‘‘(3) Acquiring such equipment as may be nec12 essary for training and instructional purposes. 

13 ‘‘(b) PHYSICAL FITNESS.—The Secretary shall en14 sure that officers maintain a high physical state of readi15 ness by establishing standards of physical fitness for offi16 cers that are substantially equivalent to those prescribed 

17 for officers in the Coast Guard.’’. 

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

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

20 Hydrographic Services Improvement Act of 1998, and for 

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

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

23 item relating to section 216 the following: 

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


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1 SEC. 105. RECRUITING MATERIALS. 

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

3 seq.), as amended by section 104(a), is further amended 

4 by adding at the end the following: 

5 ‘‘SEC. 218. USE OF RECRUITING MATERIALS FOR PUBLIC 

6 RELATIONS. 

7 ‘‘The Secretary may use for public relations purposes 

8 of the Department of Commerce any advertising materials 

9 developed for use for recruitment and retention of per10 sonnel for the commissioned officer corps of the Adminis11 tration. Any such use shall be under such conditions and 

12 subject to such restrictions as the Secretary shall pre13 scribe.’’. 

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

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

16 Hydrographic Services Improvement Act of 1998, and for 

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

18 section 104(b), is further amended by inserting after the 

19 item relating to section 217 the following: 

‘‘Sec. 218. Use of recruiting materials for public relations.’’. 

20 SEC. 106. TECHNICAL CORRECTION. 

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

22 is amended by inserting ‘‘in the commissioned officer 

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


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1 TITLE II—PARITY AND 

2 RECRUITMENT 

3 SEC. 201. EDUCATION LOANS. 

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

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

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

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

8 For the purpose of maintaining adequate numbers of offi9 cers of the commissioned officer corps of the Administra10 tion on active duty who have skills required by the com11 missioned officer corps, the Secretary may repay, in the 

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

13 ‘‘(1) was used by the person to finance edu14 cation; and 

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

16 private financial institution, educational institution, 

17 or other authorized entity. 

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

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

20 ‘‘(1) satisfy one of the requirements specified in 

21 subsection (c); 

22 ‘‘(2) be fully qualified for, or hold, an appoint23 ment as a commissioned officer in the commissioned 

24 officer corps of the Administration; and 


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

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

3 for a period in addition to any other incurred active 

4 duty obligation. 

5 ‘‘(c) ACADEMIC AND PROFESSIONAL REQUIRE6 MENTS.—One of the following academic requirements 

7 must be satisfied for purposes of determining the eligi8 bility of an individual for a loan repayment under this sec9 tion: 

10 ‘‘(1) The person is fully qualified in a profes11 sion that the Secretary has determined to be nec12 essary to meet identified skill shortages in the com13 missioned officer corps. 

14 ‘‘(2) The person is enrolled as a full-time stu15 dent in the final year of a course of study at an ac16 credited educational institution (as determined by 

17 the Secretary of Education) leading to a degree in 

18 a profession that will meet identified skill shortages 

19 in the commissioned officer corps. 

20 ‘‘(d) LOAN REPAYMENTS.— 

21 ‘‘(1) IN GENERAL.—Subject to the limits estab22 lished under paragraph (2), a loan repayment under 

23 this section may consist of the payment of the prin24 cipal, interest, and related expenses of a loan ob25 tained by a person described in subsection (b). 


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

2 of obligated service that a person agrees to serve in 

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

4 Secretary may pay not more than the amount speci5 fied in section 2173(e)(2) of title 10, United States 

6 Code. 

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

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

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

10 active duty service obligation. 

11 ‘‘(2) LENGTH OF OBLIGATION DETERMINED

12 UNDER REGULATIONS.— 

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

14 subparagraph (B), the length of the obligation 

15 under paragraph (1) shall be determined under 

16 regulations prescribed by the Secretary. 

17 ‘‘(B) MINIMUM OBLIGATION.—The regula18 tions prescribed under subparagraph (A) may 

19 not provide for a period of obligation of less 

20 than 1 year for each maximum annual amount, 

21 or portion thereof, paid on behalf of the person 

22 for qualified loans. 

23 ‘‘(3) PERSONS ON ACTIVE DUTY BEFORE EN24 TERING INTO AGREEMENT.—The active duty service 

25 obligation of persons on active duty before entering 


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1 into the agreement shall be served after the conclu2 sion of any other obligation incurred under the 

3 agreement. 

4 ‘‘(f) EFFECT OF FAILURE TO COMPLETE OBLIGA5 TION.— 

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

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

8 under this section before the completion of that obli9 gation may be given any alternative obligation, at 

10 the discretion of the Secretary. 

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

12 complete the period of active duty specified in the 

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

14 the alternative obligation imposed under paragraph 

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

16 under section 216. 

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

18 regulations to carry out this section, including— 

19 ‘‘(1) standards for qualified loans and author20 ized payees; and 

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

22 of loan repayments.’’. 

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

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

25 Hydrographic Services 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 266 the following: 

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

3 SEC. 202. INTEREST PAYMENTS. 

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

5 seq.), as amended by section 201(a), is further amended 

6 by adding at the end the following: 

7 ‘‘SEC. 268. INTEREST PAYMENT PROGRAM. 

8 ‘‘(a) AUTHORITY.—The Secretary may pay the inter9 est and any special allowances that accrue on one or more 

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

11 section. 

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

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

14 ‘‘(1) is serving on active duty; 

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

16 service on active duty; 

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

18 described in subsection (c); and 

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

20 ‘‘(c) STUDENT LOANS.—The authority to make pay21 ments under subsection (a) may be exercised with respect 

22 to the following loans: 

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

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

25 1965 (20 U.S.C. 1071 et seq.). 


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

2 (20 U.S.C. 1087a et seq.). 

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

4 (20 U.S.C. 1087aa et seq.). 

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

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

7 section for any of the 36 consecutive months during which 

8 the officer is eligible under subsection (b). 

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

10 use amounts appropriated for the pay and allowances of 

11 personnel of the commissioned officer corps of the Admin12 istration for payments under this section. 

13 ‘‘(f) COORDINATION WITH SECRETARY OF EDU14 CATION.— 

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

16 with the Secretary of Education regarding the ad17 ministration of this section. 

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

19 shall transfer to the Secretary of Education the 

20 funds necessary— 

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

22 on student loans under this section (in accord23 ance with sections 428(o), 455(l), and 464(j) of 

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

25 1078(o), 1087e(l), and 1087dd(j))); and 


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1 ‘‘(B) to reimburse the Secretary of Edu2 cation for any reasonable administrative costs 

3 incurred by the Secretary in coordinating the 

4 program under this section with the administra5 tion of the student loan programs under parts 

6 B, D, and E of title IV of the Higher Edu7 cation Act of 1965 (20 U.S.C. 1071 et seq., 

8 1087a et seq., 1087aa et seq.). 

9 ‘‘(g) SPECIAL ALLOWANCE DEFINED.—In this sec10 tion, the term ‘special allowance’ means a special allow11 ance that is payable under section 438 of the Higher Edu12 cation Act of 1965 (20 U.S.C. 1087–1).’’. 

13 (b) CONFORMING AMENDMENTS.— 

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

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

16 (A) by striking the subsection heading and 

17 inserting ‘‘ARMED FORCES AND NOAA COM18 MISSIONED OFFICER CORPS STUDENT LOAN

19 INTEREST PAYMENT PROGRAMS’’; and 

20 (B) in paragraph (1)— 

21 (i) by inserting ‘‘or section 268 of the 

22 National Oceanic and Atmospheric Admin23 istration Commissioned Officer Corps Act 

24 of 2002’’ after ‘‘Code,’’; and 


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

2 commissioned officer corps of the National 

3 Oceanic and Atmospheric Administration, 

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

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

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

7 1087dd(j)) are each amended— 

8 (A) by striking the subsection heading and 

9 inserting ‘‘ARMED FORCES AND NOAA COM10 MISSIONED OFFICER CORPS STUDENT LOAN

11 INTEREST PAYMENT PROGRAMS’’; and 

12 (B) in paragraph (1)— 

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

14 National Oceanic and Atmospheric Admin15 istration Commissioned Officer Corps Act 

16 of 2002’’ after ‘‘Code,’’; and 

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

18 commissioned officer corps of the National 

19 Oceanic and Atmospheric Administration, 

20 respectively’’ after ‘‘Armed Forces’’. 

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

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

23 Hydrographic Services Improvement Act of 1998, and for 

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


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1 section 201(b), is further amended by inserting after the 

2 item relating to section 267 the following: 

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

3 SEC. 203. STUDENT PRE-COMMISSIONING PROGRAM. 

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

5 seq.), as amended by section 202(a), is further amended 

6 by adding at the end the following: 

7 ‘‘SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION AS8 SISTANCE PROGRAM. 

9 ‘‘(a) AUTHORITY TO PROVIDE FINANCIAL ASSIST10 ANCE.—For the purpose of maintaining adequate numbers 

11 of officers of the commissioned officer corps of the Admin12 istration on active duty, the Secretary may provide finan13 cial assistance to a person described in subsection (b) for 

14 expenses of the person while the person is pursuing on 

15 a full-time basis at an accredited educational institution 

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

17 of education approved by the Secretary that leads to— 

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

19 academic years; or 

20 ‘‘(2) a postbaccalaureate degree. 

21 ‘‘(b) ELIGIBLE PERSONS.— 

22 ‘‘(1) IN GENERAL.—A person is eligible to ob23 tain financial assistance under subsection (a) if the 

24 person— 


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

2 program of education referred to in subsection 

3 (a) at any educational institution described in 

4 such subsection; 

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

7 the Administration except for the completion of 

8 a baccalaureate degree; and 

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

10 the Secretary described in paragraph (2). 

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

14 person— 

15 ‘‘(A) agrees to accept an appointment as 

16 an officer, if tendered; and 

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

19 duty, immediately after appointment, for— 

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

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


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

2 financial assistance may be provided under subsection (a) 

3 are the following: 

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

6 ‘‘(2) The cost of books. 

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

8 leading to a baccalaureate degree, laboratory ex9 penses. 

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

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

13 prescribe the amount of financial assistance provided to 

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

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

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

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

21 for not more than 5 consecutive academic years. 

22 ‘‘(f) SUBSISTENCE ALLOWANCE.— 

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


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1 prescribed under paragraph (2) for the duration of 

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

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

6 allowance provided under paragraph (1), which shall 

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

8 of title 10, United States Code. 

9 ‘‘(g) INITIAL CLOTHING ALLOWANCE.— 

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

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

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

14 equipment issue. 

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

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

19 corps of the Administration, the person may be 

20 issued a subsequent clothing allowance equivalent to 

21 that normally provided to a newly appointed officer. 

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

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

25 section if— 


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

2 the person to be released from an agreement 

3 described in subsection (b)(2); 

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

5 in a failure to complete the period of active 

6 duty required under the agreement; or 

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

8 condition of the agreement. 

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

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

13 the Secretary in an amount that bears the same 

14 ratio to the total costs of the assistance provided to 

15 that person as the unserved portion of active duty 

16 bears to the total period of active duty the officer 

17 agreed to serve under the agreement. 

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

19 service obligation of a person through an agreement 

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

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

23 duty in the commissioned officer corps of the 

24 Administration because of a circumstance not 

25 within the control of that person; or 


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1 ‘‘(B) is— 

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

4 ‘‘(ii) determined to be unqualified for 

5 service in the commissioned officer corps of 

6 the Administration because of a physical or 

7 medical condition that was not the result 

8 of the person’s own misconduct or grossly 

9 negligent conduct. 

10 ‘‘(4) OBLIGATION AS DEBT TO UNITED

11 STATES.—An obligation to reimburse the Secretary 

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

13 debt owed to the United States. 

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

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

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

19 signing the agreement from a debt arising under 

20 such agreement or under paragraph (2). 

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

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

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

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


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1 Hydrographic Services Improvement Act of 1998, and for 

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

3 section 202(c), is further amended by inserting after the 

4 item relating to section 268 the following: 

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

5 SEC. 204. LIMITATION ON EDUCATIONAL ASSISTANCE. 

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

7 the fiscal year in which this Act is enacted, the Secretary 

8 of Commerce shall ensure that the total amount expended 

9 by the Secretary under section 267 of the National Oce10 anic and Atmospheric Administration Commissioned Offi11 cer Corps Act of 2002 (as added by section 201(a)), sec12 tion 268 of such Act (as added by section 202(a)), and 

13 section 269 of such Act (as added by section 203(a)) does 

14 not exceed the amount by which— 

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

16 that fiscal year to officer candidates under section 

17 203(f)(1) of title 37, United States Code (as added 

18 by section 306(d)), if such section entitled officers 

19 candidates to pay at monthly rates equal to the 

20 basic pay of a commissioned officer in the pay grade 

21 O–1 with less than 2 years of service, exceeds 

22 (2) the total amount the Secretary actually 

23 pays in that fiscal year to officer candidates under 

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


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

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

3 term in section 212 of the National Oceanic and Atmos4 pheric Administration Commissioned Officer Corps Act of 

5 2002 (33 U.S.C. 3002), as added by section 306(c). 

6 SEC. 205. APPLICABILITY OF CERTAIN PROVISIONS OF 

7 TITLE 10, UNITED STATES CODE, AND EXTEN8 SION OF CERTAIN AUTHORITIES APPLICABLE 

9 TO MEMBERS OF THE ARMED FORCES TO 

10 COMMISSIONED OFFICER CORPS. 

11 (a) APPLICABILITY OF CERTAIN PROVISIONS OF

12 TITLE 10.—Section 261(a) (33 U.S.C. 3071(a)) is amend13 ed— 

14 (1) by redesignating paragraphs (13) through 

15 (16) as paragraphs (22) through (25), respectively; 

16 (2) by redesignating paragraphs (7) through 

17 (12) as paragraphs (14) through (19), 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. 


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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) Section 1074n, relating to annual mental 

8 health assessments. 

9 ‘‘(12) Section 1090a, relating to referrals for 

10 mental health evaluations. 

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

12 Services for members being separated or recently 

13 separated.’’; and 

14 (6) by inserting after paragraph (19), as redes15 ignated, the following: 

16 ‘‘(20) Subchapter I of chapter 88, relating to 

17 Military Family Programs. 

18 ‘‘(21) Section 2005, relating to advanced edu19 cation assistance, active duty agreements, and reim20 bursement requirements.’’. 

21 (b) EXTENSION OF CERTAIN AUTHORITIES.— 

22 (1) NOTARIAL SERVICES.—Section 1044a of 

23 title 10, United States Code, is amended— 


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1 (A) in subsection (a)(1), by striking 

2 ‘‘armed forces’’ and inserting ‘‘uniformed serv3 ices’’; and 

4 (B) in subsection (b)(4), by striking 

5 ‘‘armed forces’’ both places it appears and in6 serting ‘‘uniformed services’’. 

7 (2) ACCEPTANCE OF VOLUNTARY SERVICES FOR

8 PROGRAMS SERVING MEMBERS AND THEIR FAMI9 LIES.—Section 1588 of such title is amended— 

10 (A) in subsection (a)(3), in the matter be11 fore subparagraph (A), by striking ‘‘armed 

12 forces’’ and inserting ‘‘uniformed services’’; and 

13 (B) by adding at the end the following new 

14 subsection: 

15 ‘‘(g) SECRETARY CONCERNED FOR ACCEPTANCE OF

16 SERVICES FOR PROGRAMS SERVING MEMBERS OF NOAA 

17 CORPS AND THEIR FAMILIES.—For purposes of the ac18 ceptance of services described in subsection (a)(3), the 

19 term ‘Secretary concerned’ in subsection (a) shall include 

20 the Secretary of Commerce with respect to members of 

21 the commissioned officer corps of the National Oceanic 

22 and Atmospheric Administration.’’. 

23 (3) CAPSTONE COURSE FOR NEWLY SELECTED

24 FLAG OFFICERS.—Section 2153 of such title is 

25 amended— 


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1 (A) in subsection (a)— 

2 (i) by inserting ‘‘or the commissioned 

3 officer corps of the National Oceanic and 

4 Atmospheric Administration’’ after ‘‘in the 

5 case of the Navy’’; and 

6 (ii) by striking ‘‘other armed forces’’ 

7 and inserting ‘‘other uniformed services’’; 

8 and 

9 (B) in subsection (b)(1), in the matter be10 fore subparagraph (A), by inserting ‘‘or the 

11 Secretary of Commerce, as applicable,’’ after 

12 ‘‘the Secretary of Defense’’. 

13 SEC. 206. APPLICABILITY OF CERTAIN PROVISIONS OF 

14 TITLE 37, UNITED STATES CODE. 

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

16 seq.) is amended by inserting after section 261 the fol17 lowing: 

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

19 TITLE 37, UNITED STATES CODE. 

20 ‘‘(a) PROVISIONS MADE APPLICABLE TO COMMIS21 SIONED OFFICER CORPS.—The provisions of law applica22 ble to the Armed Forces under the following provisions 

23 of title 37, United States Code, shall apply to the commis24 sioned officer corps of the Administration: 


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

2 for new officers in critical skills. 

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

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

5 duty’. 

6 ‘‘(3) Section 403(l), relating to temporary con7 tinuation of housing allowance for dependents of 

8 members dying on active duty. 

9 ‘‘(4) Section 488, relating to allowances for re10 cruiting expenses. 

11 ‘‘(5) Section 495, relating to allowances for fu12 neral honors duty. 

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

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

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

16 respect to the provisions of law referred to in subsection 

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

18 officer corps of the Administration, by the Secretary of 

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

20 (b) PERSONAL MONEY ALLOWANCE.—Section 414 of 

21 title 37, United States Code, is amended by inserting ‘‘or 

22 the director of the commissioned officer corps of the Na23 tional Oceanic and Atmospheric Administration’’ after 

24 ‘‘Health Service’’. 


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

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

3 Hydrographic Services Improvement Act of 1998, and for 

4 other purposes’’ (Public Law 107–372) is amended by in5 serting after the item relating to section 261 the following: 

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

Code.’’. 

6 SEC. 207. LEGION OF MERIT AWARD. 

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

8 amended by striking ‘‘armed forces’’ and inserting ‘‘uni9 formed services’’. 

10 SEC. 208. PROHIBITION ON RETALIATORY PERSONNEL AC11 TIONS. 

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

13 U.S.C. 3071), as amended by section 205(a), is further 

14 amended— 

15 (1) by redesignating paragraphs (8) through 

16 (25) as paragraphs (9) through (26), respectively; 

17 and 

18 (2) by inserting after paragraph (7) the fol19 lowing: 

20 ‘‘(8) Section 1034, relating to protected com21 munications and prohibition of retaliatory personnel 

22 actions.’’. 

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

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1 lowing: ‘‘For purposes of paragraph (8) of subsection (a), 

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

3 10 shall mean the Inspector General of the Department 

4 of Commerce.’’. 

5 (c) REGULATIONS.—Such section is further amended 

6 by adding at the end the following: 

7 ‘‘(c) REGULATIONS REGARDING PROTECTED COM8 MUNICATIONS AND PROHIBITION OF RETALIATORY PER9 SONNEL ACTIONS.—The Secretary may promulgate regu10 lations to carry out the application of section 1034 of title 

11 10, United States Code, to the commissioned officer corps 

12 of the Administration, including by promulgating such ad13 ministrative procedures for investigation and appeal with14 in the commissioned officer corps as the Secretary con15 siders appropriate.’’. 

16 SEC. 209. PENALTIES FOR WEARING UNIFORM WITHOUT 

17 AUTHORITY. 

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

19 amended by striking ‘‘Service or any’’ and inserting ‘‘Serv20 ice, the commissioned officer corps of the National Oce21 anic and Atmospheric Administration, or any’’. 

22 SEC. 210. APPLICATION OF CERTAIN PROVISIONS OF COM23 PETITIVE SERVICE LAW. 

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

25 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. 211. EMPLOYMENT AND REEMPLOYMENT RIGHTS. 

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

17 amended by inserting ‘‘the commissioned officer corps of 

18 the National Oceanic and Atmospheric Administration,’’ 

19 after ‘‘Public Health Service,’’. 

20 SEC. 212. TREATMENT OF COMMISSION IN COMMISSIONED 

21 OFFICER CORPS FOR PURPOSES OF CERTAIN 

22 HIRING 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: 


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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 


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1 Hydrographic Services 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 section 203, the following new item: 

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

5 SEC. 213. DIRECT HIRE AUTHORITY. 

6 (a) IN GENERAL.—The head of a Federal agency 

7 may appoint, without regard to the provisions of sub8 chapter I of chapter 33 of title 5, United States Code, 

9 other than sections 3303 and 3328 of such title, a quali10 fied candidate described in subsection (b) directly to a po11 sition in the agency for which the candidate meets quali12 fication standards of the Office of Personnel Management. 

13 (b) CANDIDATES DESCRIBED.—A candidate de14 scribed in this subsection is a current or former member 

15 of the commissioned officer corps of the National Oceanic 

16 and Atmospheric Administration who— 

17 (1) fulfilled his or her obligated service require18 ment under section 216 of the National Oceanic and 

19 Atmospheric Administration Commissioned Officer 

20 Corps Act of 2002, as added by section 103; 

21 (2) if no longer a member of the commissioned 

22 officer corps of the Administration, was not dis23 charged or released therefrom as part of a discipli24 nary action; and 


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1 (3) has been separated or released from service 

2 in the commissioned officer corps of the Administra3 tion for a period of not more than 5 years. 

4 (c) EFFECTIVE DATE.—This section shall apply with 

5 respect to appointments made in fiscal year 2017 and in 

6 each fiscal year thereafter. 

7 TITLE III—APPOINTMENTS AND 

8 PROMOTION OF OFFICERS 

9 SEC. 301. APPOINTMENTS. 

10 (a) ORIGINAL APPOINTMENTS.—Section 221 (33 

11 U.S.C. 3021) is amended to read as follows: 

12 ‘‘SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINT13 MENTS. 

14 ‘‘(a) ORIGINAL APPOINTMENTS.— 

15 ‘‘(1) GRADES.— 

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

17 subparagraph (B), an original appointment of 

18 an officer may be made in such grades as may 

19 be appropriate for— 

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

21 length of service of the appointee; and 

22 ‘‘(ii) the commissioned officer corps of 

23 the Administration. 

24 ‘‘(B) APPOINTMENT OF OFFICER CAN25 DIDATES.— 


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1 ‘‘(i) LIMITATION ON GRADE.—An 

2 original appointment of an officer can3 didate, upon graduation from the basic of4 ficer training program of the commissioned 

5 officer corps of the Administration, may 

6 not be made in any other grade than en7 sign. 

8 ‘‘(ii) RANK.—Officer candidates re9 ceiving appointments as ensigns upon 

10 graduation from basic officer training pro11 gram shall take rank according to their 

12 proficiency as shown by the order of their 

13 merit at date of graduation. 

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

15 appointment may be made from among the fol16 lowing: 

17 ‘‘(A) Graduates of the basic officer train18 ing program of the commissioned officer corps 

19 of the Administration. 

20 ‘‘(B) Graduates of the military service 

21 academies of the United States who otherwise 

22 meet the academic standards for enrollment in 

23 the training program described in subparagraph 

24 (A). 


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1 ‘‘(C) Graduates of the maritime academies 

2 of the States who— 

3 ‘‘(i) otherwise meet the academic 

4 standards for enrollment in the training 

5 program described in subparagraph (A); 

6 ‘‘(ii) completed at least 3 years of 

7 regimented training while at a maritime 

8 academy of a State; and 

9 ‘‘(iii) obtained an unlimited tonnage 

10 or unlimited horsepower Merchant Mariner 

11 Credential from the United States Coast 

12 Guard. 

13 ‘‘(D) Licensed officers of the United States 

14 merchant marine who have served 2 or more 

15 years aboard a vessel of the United States in 

16 the capacity of a licensed officer, who otherwise 

17 meet the academic standards for enrollment in 

18 the training program described in subparagraph 

19 (A). 

20 ‘‘(3) DEFINITIONS.—In this subsection: 

21 ‘‘(A) MARITIME ACADEMIES OF THE

22 STATES.—The term ‘maritime academies of the 

23 States’ means the following: 

24 ‘‘(i) California Maritime Academy, 

25 Vallejo, California. 


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1 ‘‘(ii) Great Lakes Maritime Academy, 

2 Traverse City, Michigan. 

3 ‘‘(iii) Maine Maritime Academy, 

4 Castine, Maine. 

5 ‘‘(iv) Massachusetts Maritime Acad6 emy, Buzzards Bay, Massachusetts. 

7 ‘‘(v) State University of New York 

8 Maritime College, Fort Schuyler, New 

9 York. 

10 ‘‘(vi) Texas A&M Maritime Academy, 

11 Galveston, Texas. 

12 ‘‘(B) MILITARY SERVICE ACADEMIES OF

13 THE UNITED STATES.—The term ‘military serv14 ice academies of the United States’ means the 

15 following: 

16 ‘‘(i) The United States Military Acad17 emy, West Point, New York. 

18 ‘‘(ii) The United States Naval Acad19 emy, Annapolis, Maryland. 

20 ‘‘(iii) The United States Air Force 

21 Academy, Colorado Springs, Colorado. 

22 ‘‘(iv) The United States Coast Guard 

23 Academy, New London, Connecticut. 

24 ‘‘(v) The United States Merchant Ma25 rine Academy, Kings Point, New York. 


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1 ‘‘(b) REAPPOINTMENT.— 

2 ‘‘(1) IN GENERAL.—Except as provided in para3 graph (2), an individual who previously served in the 

4 commissioned officer corps of the Administration 

5 may be appointed by the Secretary to the grade the 

6 individual held prior to separation. 

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

8 An appointment under paragraph (1) to a position 

9 of importance and responsibility designated under 

10 section 228 may only be made by the President. 

11 ‘‘(c) QUALIFICATIONS.—An appointment under sub12 section (a) or (b) may not be given to an individual until 

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

14 fitness to perform the duties of an officer has been estab15 lished under such regulations as the Secretary shall pre16 scribe. 

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

18 under this section shall take precedence in the grade to 

19 which appointed in accordance with the dates of their com20 missions as commissioned officers in such grade. Ap21 pointees whose dates of commission are the same shall 

22 take precedence with each other as the Secretary shall de23 termine. 

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

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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 (b) CLERICAL AMENDMENT.—The table of sections 

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

15 Hydrographic Services Improvement Act of 1998, and for 

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

17 striking the item relating to section 221 and inserting the 

18 following: 

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

19 SEC. 302. 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 Sep 11 2014 00:38 Jan 26, 2017 Jkt 069200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S171.IS S171

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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 considers 

6 appropriate.’’. 

7 SEC. 303. DELEGATION OF AUTHORITY. 

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

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

10 the following: 

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

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

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

14 If the President delegates authority to the Secretary to 

15 make appointments under this section, the President shall, 

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

17 vacant, delegate such authority to the Deputy Secretary 

18 of Commerce or the Under Secretary for Oceans and At19 mosphere during such period.’’. 

20 SEC. 304. ASSISTANT ADMINISTRATOR OF THE OFFICE OF 

21 MARINE AND AVIATION OPERATIONS. 

22 Section 228(c) (33 U.S.C. 3028(c)) is amended— 

23 (1) in the fourth sentence, by striking ‘‘Direc24 tor’’ and inserting ‘‘Assistant Administrator’’; and 


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1 (2) in the heading, by inserting ‘‘ASSISTANT

2 ADMINISTRATOR OF THE’’ before ‘‘OFFICE’’. 

3 SEC. 305. TEMPORARY APPOINTMENTS. 

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

5 amended to read as follows: 

6 ‘‘SEC. 229. TEMPORARY APPOINTMENTS. 

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

8 appointments in the grade of ensign, lieutenant junior 

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

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

11 position under subsection (a) shall terminate upon ap12 proval of a permanent appointment for such position made 

13 by the President. 

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

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

16 appointed in accordance with the dates of their appoint17 ments as officers in such grade. The order of precedence 

18 of appointees who are appointed on the same date shall 

19 be determined by the Secretary. 

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

21 Secretary to be in the best interest of the commissioned 

22 officer corps, officers in any permanent grade may be tem23 porarily promoted one grade by the President. Any such 

24 temporary promotion terminates upon the transfer of the 

25 officer to a new assignment. 


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

2 If the President delegates authority to the Secretary to 

3 make appointments under this section, the President shall, 

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

5 vacant, delegate such authority to the Deputy Secretary 

6 of Commerce or the Under Secretary for Oceans and At7 mosphere during such period.’’. 

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

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

10 Hydrographic Services Improvement Act of 1998, and for 

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

12 striking the item relating to section 229 and inserting the 

13 following: 

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

14 SEC. 306. OFFICER CANDIDATES. 

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

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

17 ‘‘SEC. 234. OFFICER CANDIDATES. 

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

19 shall determine the number of appointments of officer can20 didates. 

21 ‘‘(b) APPOINTMENT.—Appointment of officer can22 didates shall be made under regulations which the Sec23 retary shall prescribe, including regulations with respect 

24 to determining age limits, methods of selection of officer 

25 candidates, term of service as an officer candidate before 


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1 graduation from the program, and all other matters af2 fecting such appointment. 

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

4 the basic officer training program of the Administration 

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

6 term as an officer candidate, the Secretary considers un7 satisfactory in either academics or conduct, or not adapted 

8 for a career in the commissioned officer corps of the Ad9 ministration. Officer candidates shall be subject to rules 

10 governing discipline prescribed by the Director of the Na11 tional Oceanic and Atmospheric Administration Commis12 sioned Officer Corps. 

13 ‘‘(d) AGREEMENT.— 

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

15 shall sign an agreement with the Secretary in ac16 cordance with section 216(a)(2) regarding the officer 

17 candidate’s term of service in the commissioned offi18 cer corps of the Administration. 

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

20 officer candidate under paragraph (1) shall provide 

21 that the officer candidate agrees to the following: 

22 ‘‘(A) That the officer candidate will com23 plete the course of instruction at the basic offi24 cer training program of the Administration. 


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

2 program, the officer candidate— 

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

4 tendered, as an officer; and 

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

6 least 4 years immediately after such ap7 pointment. 

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

9 regulations to carry out this section. Such regulations 

10 shall include— 

11 ‘‘(1) standards for determining what constitutes 

12 a breach of an agreement signed under such sub13 section (d)(1); and 

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

15 breach has occurred. 

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

17 officer candidate who does not fulfill the terms of the obli18 gation to serve as specified under subsection (d) shall be 

19 subject to the repayment provisions of section 216(b).’’. 

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

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

22 Hydrographic Services Improvement Act of 1998, and for 

23 other purposes’’ (Public Law 107–372) is amended by in24 serting after the item relating to section 233 the following: 

‘‘Sec. 234. Officer candidates.’’. 


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

2 (33 U.S.C. 3002(b)) is amended— 

3 (1) by redesignating paragraphs (4) through 

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

5 (2) by inserting after paragraph (3) the fol6 lowing: 

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

8 candidate’ means an individual who is enrolled in the 

9 basic officer training program of the Administration 

10 and is under consideration for appointment as an of11 ficer under section 221(a)(2)(A).’’. 

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

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

14 end the following: 

15 ‘‘(f)(1) An officer candidate enrolled in the basic offi16 cer training program of the commissioned officer corps of 

17 the National Oceanic and Atmospheric Administration is 

18 entitled, while participating in such program, to monthly 

19 officer candidate pay at monthly rate equal to the basic 

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

21 than 2 years service. 

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

23 shall receive credit for the time spent participating in such 

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

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


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1 graduate from such program, such time shall not be con2 sidered creditable for active duty or pay.’’. 

3 SEC. 307. PROCUREMENT OF PERSONNEL. 

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

5 seq.), as amended by section 306(a), is further amended 

6 by adding at the end the following: 

7 ‘‘SEC. 235. PROCUREMENT OF PERSONNEL. 

8 ‘‘The Secretary may make such expenditures as the 

9 Secretary considers necessary in order to obtain recruits 

10 for the commissioned officer corps of the Administration, 

11 including advertising.’’. 

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

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

14 Hydrographic Services Improvement Act of 1998, and for 

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

16 section 306(b), is further amended by inserting after the 

17 item relating to section 234 the following: 

‘‘235. Procurement of personnel.’’. 

18 TITLE IV—SEPARATION AND 

19 RETIREMENT OF OFFICERS 

20 SEC. 401. INVOLUNTARY RETIREMENT OR SEPARATION. 

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

22 at the end the following: 

23 ‘‘(d) DEFERMENT OF RETIREMENT OR SEPARATION

24 FOR MEDICAL REASONS.— 


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

2 that the evaluation of the medical condition of an of3 ficer requires hospitalization or medical observation 

4 that cannot be completed with confidence in a man5 ner consistent with the officer’s well being before the 

6 date on which the officer would otherwise be re7 quired to retire or be separated under this section, 

8 the Secretary may defer the retirement or separation 

9 of the officer. 

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

11 only be made with the written consent of the officer 

12 involved. If the officer does not provide written con13 sent to the deferment, the officer shall be retired or 

14 separated as scheduled. 

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

16 separation under this subsection may not extend for 

17 more than 30 days after completion of the evalua18 tion requiring hospitalization or medical observa19 tion.’’. 

20 SEC. 402. SEPARATION PAY. 

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

22 at the end the following: 

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

24 failing selection for promotion to the next higher grade 


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

2 officer— 

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

4 promotion; or 

5 ‘‘(2) requests removal from the list of select6 ees.’’. 

7 TITLE V—HYDROGRAPHIC 

8 SERVICES AND OTHER MATTERS 

9 SEC. 501. REAUTHORIZATION OF HYDROGRAPHIC SERV10 ICES IMPROVEMENT ACT OF 1998. 

11 (a) REAUTHORIZATIONS.—Section 306 of the Hydro12 graphic Services Improvement Act of 1998 (33 U.S.C. 

13 892d) is amended— 

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

15 striking ‘‘There are’’ and inserting the following: 

16 ‘‘(a) IN GENERAL.—There are’’; 

17 (2) in subsection (a) (as designated by para18 graph (1))— 

19 (A) in paragraph (1), by striking ‘‘sur20 veys—’’ and all that follows through the end of 

21 the paragraph and inserting ‘‘surveys, 

22 $70,814,000 for each of fiscal years 2017 

23 through 2021.’’; 

24 (B) in paragraph (2), by striking ‘‘ves25 sels—’’ and all that follows through the end of 


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1 the paragraph and inserting ‘‘vessels, 

2 $25,000,000 for each of fiscal years 2017 

3 through 2021.’’; 

4 (C) in paragraph (3), by striking ‘‘Admin5 istration—’’ and all that follows through the 

6 end of the paragraph and inserting ‘‘Adminis7 tration, $29,932,000 for each of fiscal years 

8 2017 through 2021.’’; 

9 (D) in paragraph (4), by striking 

10 ‘‘title—’’ and all that follows through the end 

11 of the paragraph and inserting ‘‘title, 

12 $26,800,000 for each of fiscal years 2017 

13 through 2021.’’; and 

14 (E) in paragraph (5), by striking 

15 ‘‘title—’’ and all that follows through the end 

16 of the paragraph and inserting ‘‘title, 

17 $30,564,000 for each of fiscal years 2017 

18 through 2021.’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(b) ARCTIC PROGRAMS.—Of the amount authorized 

21 by this section for each fiscal year— 

22 ‘‘(1) $10,000,000 is authorized for use— 

23 ‘‘(A) to acquire hydrographic data; 

24 ‘‘(B) to provide hydrographic services; 


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1 ‘‘(C) to conduct coastal change analyses 

2 necessary to ensure safe navigation; 

3 ‘‘(D) to improve the management of coast4 al change in the Arctic; and 

5 ‘‘(E) to reduce risks of harm to Alaska 

6 Native subsistence and coastal communities as7 sociated with increased international maritime 

8 traffic; and 

9 ‘‘(2) $2,000,000 is authorized for use to ac10 quire hydrographic data and provide hydrographic 

11 services in the Arctic necessary to delineate the 

12 United States extended Continental Shelf.’’. 

13 (b) LIMITATION ON ADMINISTRATIVE EXPENSES FOR

14 SURVEYS.—Section 306 of such Act (33 U.S.C. 892d) is 

15 further amended by adding at the end the following: 

16 ‘‘(c) LIMITATION ON ADMINISTRATIVE EXPENSES

17 FOR SURVEYS.—Of amounts authorized by this section for 

18 each fiscal year for contract hydrographic surveys, not 

19 more than 5 percent is authorized for administrative costs 

20 associated with contract management.’’. 

21 SEC. 502. WAIVERS OF BOND REQUIREMENTS FOR CERTAIN 

22 CONTRACTS. 

23 Section 3134 of title 40, United States Code, is 

24 amended by adding at the end the following: 


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1 ‘‘(c) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN2 ISTRATION.—The Secretary of Commerce may waive this 

3 subchapter with respect to contracts for the construction, 

4 alteration, or repair of vessels, regardless of the terms of 

5 the contracts as to payment or title, when the contract 

6 is made under the Act entitled ‘An Act to define the func7 tions and duties of the Coast and Geodetic Survey, and 

8 for other purposes’, approved August 6, 1947 (33 U.S.C. 

9 883a et seq.).’’. 

Æ 


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