I 

116TH CONGRESS 

1ST SESSION H. R. 2406 

To amend the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 to make certain changes to the National 

Oceanic and Atmospheric Administration’s commissioned officer corps, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 30, 2019 

Mr. CASE (for himself, Mr. YOUNG, and Mr. HUFFMAN) introduced the following bill; which was referred to the Committee on Natural Resources, 

and in addition to the Committees on Oversight and Reform, Armed 

Services, and Veterans’ Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 to make 

certain changes to the National Oceanic and Atmospheric 

Administration’s commissioned officer corps, 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, 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•HR 2406 IH

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘National Oceanic and Atmospheric Administration Com4 missioned Officer Corps Amendments Act of 2019’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. References to National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002. 

TITLE I—GENERAL PROVISIONS 

Sec. 101. Strength and distribution in grade. 

Sec. 102. 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. Prohibition on retaliatory personnel actions. 

Sec. 208. Application of certain provisions of competitive service law. 

Sec. 209. Employment and reemployment rights. 

Sec. 210. Treatment of commission in commissioned officer corps for purposes 

of certain hiring decisions. 

TITLE III—APPOINTMENTS AND PROMOTION OF OFFICERS 

Sec. 301. Appointments. 

Sec. 302. Personnel boards. 

Sec. 303. Assistant Administrator of the Office of Marine and Aviation Operations. 

Sec. 304. Temporary appointments. 

Sec. 305. Officer candidates. 

Sec. 306. Procurement of personnel. 

TITLE IV—SEPARATION AND RETIREMENT OF OFFICERS 

Sec. 401. Involuntary retirement or separation. 

Sec. 402. Separation pay. 


pamtmann on DSKBFK8HB2PROD with BILLS
3 

•HR 2406 IH

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

3 OFFICER CORPS ACT OF 2002. 

4 Except as otherwise expressly provided, any place 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). 


pamtmann on DSKBFK8HB2PROD with BILLS
4 

•HR 2406 IH

1 ‘‘(9) Ensign. 

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

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

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

5 in subsection (a). 

6 ‘‘(c) ANNUAL COMPUTATION OF NUMBER IN

7 GRADE.— 

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

9 once each year, the Secretary shall determine the 

10 number of officers on the lineal list authorized to be 

11 serving in each grade. 

12 ‘‘(2) METHOD OF DETERMINATION.—The num13 ber in each grade shall be determined by applying 

14 the applicable percentage to the total number of 

15 such officers serving on active duty on the date the 

16 computation is made. 

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

18 computing the authorized number of officers in a 

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

the fraction is 1 20 ⁄2, the next higher whole number 

21 shall be taken. 

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

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

24 lineal list during a fiscal year may be temporarily exceeded 


pamtmann on DSKBFK8HB2PROD with BILLS
5 

•HR 2406 IH

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

2 does not exceed the authorized number. 

3 ‘‘(e) POSITIONS OF IMPORTANCE AND RESPONSI4 BILITY.—Officers serving in positions designated under 

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

6 shall not be counted when computing authorized strengths 

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

8 strengths. 

9 ‘‘(f) PRESERVATION OF GRADE AND PAY.—No offi10 cer may be reduced in grade or pay or separated from 

11 the commissioned officer corps of the Administration as 

12 the result of a computation made to determine the author13 ized number of officers in the various grades.’’. 

14 SEC. 102. RECALLED OFFICERS. 

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

16 (1) by striking ‘‘Effective October 1, 2009, the’’ 

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

18 (2) by striking ‘‘be increased from 321 to 379 

19 if—’’ and all that follows through ‘‘fiscal year.’’ and 

20 inserting ‘‘not to exceed 500.’’; and 

21 (3) by adding at the end the following new sub22 section: 

23 ‘‘(b) POSITIONS OF IMPORTANCE AND RESPONSI24 BILITY.—Officers serving in positions designated under 


pamtmann on DSKBFK8HB2PROD with BILLS
6 

•HR 2406 IH

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) REGULATIONS.—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.— 


pamtmann on DSKBFK8HB2PROD with BILLS
7 

•HR 2406 IH

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 such officer; or 


pamtmann on DSKBFK8HB2PROD with BILLS
8 

•HR 2406 IH

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 contents 

10 in section 1 of the Hydrographic Services Improvement 

11 Act Amendments of 2002 (Public Law 107–372) is 

12 amended by inserting after the item relating to section 

13 215 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 of this Act, is further 

17 amended 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: 


pamtmann on DSKBFK8HB2PROD with BILLS
9 

•HR 2406 IH

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 educational materials 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 of the Coast Guard.’’. 

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

19 in section 1 of the Hydrographic Services Improvement 

20 Act Amendments of 2002 (Public Law 107–372), as 

21 amended by this Act, is further amended by inserting after 

22 the item relating to section 216 the following: 

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


pamtmann on DSKBFK8HB2PROD with BILLS
10 

•HR 2406 IH

1 SEC. 105. RECRUITING MATERIALS. 

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

3 seq.), as amended by section 104 of this Act, is further 

4 amended 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.’’. 

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

13 in section 1 of the Hydrographic Services Improvement 

14 Act Amendments of 2002 (Public Law 107–372), as 

15 amended by this Act, is further amended by inserting after 

16 the item relating to section 217 the following: 

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

17 SEC. 106. TECHNICAL CORRECTION. 

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

19 is amended by inserting ‘‘in the commissioned officer 

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

21 TITLE II—PARITY AND 

22 RECRUITMENT 

23 SEC. 201. EDUCATION LOANS. 

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

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


pamtmann on DSKBFK8HB2PROD with BILLS
11 

•HR 2406 IH

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

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

3 For the purpose of maintaining an adequate number of 

4 officers on active duty possessing the skills required by 

5 the commissioned officer corps, the Secretary may repay, 

6 in the case of a person described in subsection (b), a loan 

7 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 one 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 

26 must be satisfied for purposes of determining the eligiVerDate Sep 11 2014 20:04 May 08, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2406.IH H2406

pamtmann on DSKBFK8HB2PROD with BILLS
12 

•HR 2406 IH

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.— 


pamtmann on DSKBFK8HB2PROD with BILLS
13 

•HR 2406 IH

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 


pamtmann on DSKBFK8HB2PROD with BILLS
14 

•HR 2406 IH

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) REGULATIONS.—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 contents 

17 in section 1 of the Hydrographic Services Improvement 

18 Act Amendments of 2002 (Public Law 107–372), as 

19 amended by this Act, is further amended by inserting after 

20 the item relating to section 266 the following: 

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

21 SEC. 202. INTEREST PAYMENTS. 

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

23 seq.), as amended by section 201(a) of this Act, is further 

24 amended by adding at the end the following: 


pamtmann on DSKBFK8HB2PROD with BILLS
15 

•HR 2406 IH

1 ‘‘SEC. 268. INTEREST PAYMENT PROGRAM. 

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


pamtmann on DSKBFK8HB2PROD with BILLS
16 

•HR 2406 IH

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 

25 B, D, and E of title IV of the Higher EduVerDate Sep 11 2014 20:04 May 08, 2019 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H2406.IH H2406

pamtmann on DSKBFK8HB2PROD with BILLS
17 

•HR 2406 IH

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 268 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— 


pamtmann on DSKBFK8HB2PROD with BILLS
18 

•HR 2406 IH

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 268 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 contents 

15 in section 1 of the Hydrographic Services Improvement 

16 Act Amendments of 2002 (Public Law 107–372), as 

17 amended by this Act, is further amended by inserting after 

18 the item relating to section 267 the following: 

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

19 SEC. 203. STUDENT PRE-COMMISSIONING PROGRAM. 

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

21 seq.), as amended by section 202(a) of this Act, is further 

22 amended by adding at the end the following: 


pamtmann on DSKBFK8HB2PROD with BILLS
19 

•HR 2406 IH

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 such person while such 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 such 

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 


pamtmann on DSKBFK8HB2PROD with BILLS
20 

•HR 2406 IH

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 such person and the Secretary in which such 

6 person— 

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

8 an officer, if tendered; and 

9 ‘‘(B) upon completion of such person’s 

10 educational program, agrees to serve on active 

11 duty, immediately after appointment, for— 

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

14 ‘‘(ii) up to 5 years if such 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 educational materials. 

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

23 leading to a baccalaureate degree, laboratory ex24 penses. 


pamtmann on DSKBFK8HB2PROD with BILLS
21 

•HR 2406 IH

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.— 


pamtmann on DSKBFK8HB2PROD with BILLS
22 

•HR 2406 IH

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. 


pamtmann on DSKBFK8HB2PROD with BILLS
23 

•HR 2406 IH

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 


pamtmann on DSKBFK8HB2PROD with BILLS
24 

•HR 2406 IH

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 ‘‘(j) MINORITY INSTITUTIONS.—In carrying out this 

18 section, the Secretary may prioritize persons described in 

19 subsection (b) who attend minority institutions as defined 

20 by section 365(3) of the Higher Education Act (20 U.S.C. 

21 1067k(3)).’’. 

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

23 in section 1 of the Hydrographic Services Improvement 

24 Act Amendments of 2002 (Public Law 107–372), as 


pamtmann on DSKBFK8HB2PROD with BILLS
25 

•HR 2406 IH

1 amended by this Act, is further amended by inserting after 

2 the item relating to section 268 the following: 

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

3 SEC. 204. LIMITATION ON EDUCATIONAL ASSISTANCE. 

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

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

6 of Commerce shall ensure that the total amount expended 

7 by the Secretary under sections 267 through 269 of the 

8 National Oceanic and Atmospheric Administration Com9 missioned Officer Corps Act of 2002, as amended by this 

10 Act, does not exceed the amount by which— 

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

12 that fiscal year to officer candidates under section 

13 203(f)(1) of title 37, United States Code (as added 

14 by section 305(d)), if such section entitled officers 

15 candidates to pay at monthly rates equal to the 

16 basic pay of a commissioned officer in the pay grade 

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

18 (2) the total amount the Secretary actually 

19 pays in that fiscal year to officer candidates under 

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

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

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

23 term in section 212 of the National Oceanic and Atmos24 pheric Administration Commissioned Officer Corps Act of 

25 2002 (33 U.S.C. 3002), as added by section 305(c). 


pamtmann on DSKBFK8HB2PROD with BILLS
26 

•HR 2406 IH

1 SEC. 205. APPLICABILITY OF CERTAIN PROVISIONS OF 

2 TITLE 10, UNITED STATES CODE, AND EXTEN3 SION OF CERTAIN AUTHORITIES APPLICABLE 

4 TO MEMBERS OF THE ARMED FORCES TO 

5 COMMISSIONED OFFICER CORPS. 

6 (a) APPLICABILITY OF CERTAIN PROVISIONS OF

7 TITLE 10.—Section 261(a) (33 U.S.C. 3071(a)) is amend8 ed— 

9 (1) by redesignating paragraphs (13) through 

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

11 (2) by redesignating paragraphs (7) through 

12 (12) as paragraphs (14) through (19), respectively; 

13 (3) by redesignating paragraphs (4) through 

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

15 (4) by inserting after paragraph (3) the fol16 lowing: 

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

18 wearing of uniforms. 

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

20 apparel while in uniform. 

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

22 and local juries. 

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

24 oaths.’’; 

25 (5) by inserting after paragraph (10), as redes26 ignated, the following: 


pamtmann on DSKBFK8HB2PROD with BILLS
27 

•HR 2406 IH

1 ‘‘(11) Section 1074n, relating to annual mental 

2 health assessments for members of the Armed 

3 Forces. 

4 ‘‘(12) Section 1090a, relating to commanding 

5 officer and supervisor referrals of members for men6 tal health evaluations. 

7 ‘‘(13) Chapter 58, relating to the benefits and 

8 services for members being separated or recently 

9 separated.’’; and 

10 (6) by inserting after paragraph (19), as redes11 ignated, the following: 

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

13 military family programs. 

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

17 (b) EXTENSION OF CERTAIN AUTHORITIES.— 

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

19 title 10, United States Code, is amended— 

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

21 ‘‘armed forces’’ and inserting ‘‘uniformed serv22 ices’’; and 

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

24 ‘‘armed forces’’ both places it appears and in25 serting ‘‘uniformed services’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
28 

•HR 2406 IH

1 (2) ACCEPTANCE OF VOLUNTARY SERVICES FOR

2 PROGRAMS SERVING MEMBERS AND THEIR FAMI3 LIES.—Section 1588 of such title is amended— 

4 (A) in subsection (a)(3), in the matter be5 fore subparagraph (A), by striking ‘‘armed 

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

7 (B) by adding at the end the following: 

8 ‘‘(g) SECRETARY CONCERNED FOR ACCEPTANCE OF

9 SERVICES FOR PROGRAMS SERVING MEMBERS OF NOAA 

10 CORPS AND THEIR FAMILIES.—For purposes of the ac11 ceptance of services described in subsection (a)(3), the 

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

13 the Secretary of Commerce with respect to members of 

14 the commissioned officer corps of the National Oceanic 

15 and Atmospheric Administration.’’. 

16 (3) CAPSTONE COURSE FOR NEWLY SELECTED

17 FLAG OFFICERS.—Section 2153 of such title is 

18 amended— 

19 (A) in subsection (a)— 

20 (i) by inserting ‘‘or the commissioned 

21 officer corps of the National Oceanic and 

22 Atmospheric Administration’’ after ‘‘in the 

23 case of the Navy’’; and 


pamtmann on DSKBFK8HB2PROD with BILLS
29 

•HR 2406 IH

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

2 and inserting ‘‘other uniformed services’’; 

3 and 

4 (B) in subsection (b)(1), in the matter be5 fore subparagraph (A), by inserting ‘‘or the 

6 Secretary of Commerce, as applicable,’’ after 

7 ‘‘the Secretary of Defense’’. 

8 SEC. 206. APPLICABILITY OF CERTAIN PROVISIONS OF 

9 TITLE 37, UNITED STATES CODE. 

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

11 seq.) is amended by inserting after section 261 the fol12 lowing: 

13 ‘‘SEC. 261a. APPLICABILITY OF CERTAIN PROVISIONS OF 

14 TITLE 37, UNITED STATES CODE. 

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

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

20 ‘‘(1) Section 324, relating to special pay and 

21 accession bonuses for new officers in critical skills. 

22 ‘‘(2) Section 403(l), relating to temporary con23 tinuation of housing allowance for dependents of 

24 members dying on active duty. 


pamtmann on DSKBFK8HB2PROD with BILLS
30 

•HR 2406 IH

1 ‘‘(3) Section 415, relating to initial uniform al2 lowances. 

3 ‘‘(4) Section 488, relating to allowances for re4 cruiting expenses. 

5 ‘‘(5) Section 495, relating to allowances for fu6 neral honors duty. 

7 ‘‘(b) FIELD DUTY AND SEA DUTY.—The Secretary 

8 may prescribe definitions for the terms ‘field duty’ and 

9 ‘sea duty’ for the purposes of section 413 of title 37, 

10 United States Code, with respect to the commissioned offi11 cer corps of the Administration. 

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

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

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

15 respect to the provisions of law referred to in subsection 

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

17 officer corps of the Administration, by the Secretary of 

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

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

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

21 the Director of the commissioned officer corps of the Na22 tional Oceanic and Atmospheric Administration’’ after 

23 ‘‘Health Service’’. 

24 (c) CLERICAL AMENDMENT.—The table of contents 

25 in section 1 of the Hydrographic Services Improvement 


pamtmann on DSKBFK8HB2PROD with BILLS
31 

•HR 2406 IH

1 Act Amendments of 2002 (Public Law 107–372), as 

2 amended by this Act, is further amended by inserting after 

3 the item relating to section 261 the following: 

‘‘Sec. 261a. Applicability of certain provisions of title 37, United States Code.’’. 

4 SEC. 207. PROHIBITION ON RETALIATORY PERSONNEL AC5 TIONS. 

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

7 U.S.C. 3071), as amended by section 205(a) of this Act, 

8 is further amended— 

9 (1) by redesignating paragraphs (8) through 

10 (25) as paragraphs (9) through (26), 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— 

19 (1) by striking ‘‘The’’ and inserting ‘‘(a) The’’; 

20 and 

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

22 ‘‘(b) For purposes of subsection (a)(8), the term ‘In23 spector General’ in section 1034 of title 10 shall mean 

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


pamtmann on DSKBFK8HB2PROD with BILLS
32 

•HR 2406 IH

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

2 by adding at the end the following: 

3 ‘‘(c) REGULATIONS REGARDING PROTECTED COM4 MUNICATIONS AND PROHIBITION OF RETALIATORY PER5 SONNEL ACTIONS.—The Secretary may promulgate regu6 lations to carry out section 261(a)(8), including by pro7 mulgating such administrative procedures for investiga8 tion and appeal within the commissioned officer corps as 

9 the Secretary considers appropriate.’’. 

10 SEC. 208. APPLICATION OF CERTAIN PROVISIONS OF COM11 PETITIVE SERVICE LAW. 

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

13 amended— 

14 (1) by amending paragraph (1) to read as fol15 lows: 

16 ‘‘(1) The following individuals may not be de17 nied the opportunity to compete for vacant positions 

18 for which the agency making the announcement will 

19 accept applications from individuals outside its own 

20 workforce under merit promotion procedures: 

21 ‘‘(A) Preference eligibles. 

22 ‘‘(B) Veterans who have been separated 

23 from the Armed Forces under honorable condi24 tions after 3 years or more of active service. 


pamtmann on DSKBFK8HB2PROD with BILLS
33 

•HR 2406 IH

1 ‘‘(C) Members of the commissioned officer 

2 corps of the National Oceanic and Atmospheric 

3 Administration separated from such officer 

4 corps under honorable conditions after 3 years 

5 or more of active service.’’; 

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

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

8 (3) in paragraph (4), by striking ‘‘preference 

9 eligibles’’ and all that follows through ‘‘service’’ and 

10 inserting ‘‘individuals described in paragraph (1)’’. 

11 SEC. 209. EMPLOYMENT AND REEMPLOYMENT RIGHTS. 

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

13 amended by inserting ‘‘the commissioned officer corps of 

14 the National Oceanic and Atmospheric Administration,’’ 

15 after ‘‘Public Health Service,’’. 

16 SEC. 210. TREATMENT OF COMMISSION IN COMMISSIONED 

17 OFFICER CORPS FOR PURPOSES OF CERTAIN 

18 HIRING DECISIONS. 

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

20 seq.), as amended by section 206(a) of this Act, is further 

21 amended by adding at the end the following: 


pamtmann on DSKBFK8HB2PROD with BILLS
34 

•HR 2406 IH

1 ‘‘SEC. 270. TREATMENT OF COMMISSION IN COMMISSIONED 

2 OFFICER CORPS AS EMPLOYMENT IN ADMIN3 ISTRATION FOR PURPOSES OF CERTAIN HIR4 ING 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 contents 

26 in section 1 of the Hydrographic Services Improvement 


pamtmann on DSKBFK8HB2PROD with BILLS
35 

•HR 2406 IH

1 Act Amendments of 2002 (Public Law 107–372), as 

2 amended by this Act, is further amended by inserting after 

3 the item relating to section 269 the following: 

‘‘Sec. 270. Treatment of commission in commissioned officer corps as employment in Administration for purposes of certain hiring decisions.’’. 

4 TITLE III—APPOINTMENTS AND 

5 PROMOTION OF OFFICERS 

6 SEC. 301. APPOINTMENTS. 

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

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

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

11 ‘‘(a) ORIGINAL APPOINTMENTS.— 

12 ‘‘(1) GRADES.— 

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

14 subparagraph (B), an original appointment of 

15 an officer may be made in such grades as may 

16 be appropriate for— 

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

18 length of service of the appointee; and 

19 ‘‘(ii) the commissioned officer corps of 

20 the Administration. 

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

23 ‘‘(i) LIMITATION ON GRADE.—An 

24 original appointment of an officer canVerDate Sep 11 2014 20:04 May 08, 2019 Jkt 089200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H2406.IH H2406

pamtmann on DSKBFK8HB2PROD with BILLS
36 

•HR 2406 IH

1 didate, upon graduation from the basic of2 ficer training program of the commissioned 

3 officer corps of the Administration, may 

4 not be made in any other grade than en5 sign. 

6 ‘‘(ii) RANK.—Officer candidates re7 ceiving appointments as ensigns upon 

8 graduation from basic officer training pro9 gram shall take rank according to their 

10 proficiency as shown by the order of their 

11 merit at date of graduation. 

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

13 appointment may be made from among the fol14 lowing: 

15 ‘‘(A) Graduates of the basic officer train16 ing program of the commissioned officer corps 

17 of the Administration. 

18 ‘‘(B) Graduates of the military service 

19 academies of the United States who otherwise 

20 meet the academic standards for enrollment in 

21 the training program described in subparagraph 

22 (A). 

23 ‘‘(C) Graduates of the maritime academies 

24 of the States who— 


pamtmann on DSKBFK8HB2PROD with BILLS
37 

•HR 2406 IH

1 ‘‘(i) otherwise meet the academic 

2 standards for enrollment in the training 

3 program described in subparagraph (A); 

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

5 regimented training while at a maritime 

6 academy of a State; and 

7 ‘‘(iii) obtained an unlimited tonnage 

8 or unlimited horsepower Merchant Mariner 

9 Credential from the United States Coast 

10 Guard. 

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

12 merchant marine who have served two or more 

13 years aboard a vessel of the United States in 

14 the capacity of a licensed officer, who otherwise 

15 meet the academic standards for enrollment in 

16 the training program described in subparagraph 

17 (A). 

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

19 ‘‘(A) MARITIME ACADEMIES OF THE

20 STATES.—The term ‘maritime academies of the 

21 States’ means the following: 

22 ‘‘(i) California Maritime Academy, 

23 Vallejo, California. 

24 ‘‘(ii) Great Lakes Maritime Academy, 

25 Traverse City, Michigan. 


pamtmann on DSKBFK8HB2PROD with BILLS
38 

•HR 2406 IH

1 ‘‘(iii) Maine Maritime Academy, 

2 Castine, Maine. 

3 ‘‘(iv) Massachusetts Maritime Acad4 emy, Buzzards Bay, Massachusetts. 

5 ‘‘(v) State University of New York 

6 Maritime College, Fort Schuyler, New 

7 York. 

8 ‘‘(vi) Texas A&M Maritime Academy, 

9 Galveston, Texas. 

10 ‘‘(B) MILITARY SERVICE ACADEMIES OF

11 THE UNITED STATES.—The term ‘military serv12 ice academies of the United States’ means the 

13 following: 

14 ‘‘(i) The United States Military Acad15 emy. 

16 ‘‘(ii) The United States Naval Acad17 emy. 

18 ‘‘(iii) The United States Air Force 

19 Academy. 

20 ‘‘(iv) The United States Coast Guard 

21 Academy. 

22 ‘‘(v) The United States Merchant Ma23 rine Academy. 

24 ‘‘(b) REAPPOINTMENT.— 


pamtmann on DSKBFK8HB2PROD with BILLS
39 

•HR 2406 IH

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 Sep 11 2014 20:04 May 08, 2019 Jkt 089200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H2406.IH H2406

pamtmann on DSKBFK8HB2PROD with BILLS
40 

•HR 2406 IH

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 contents 

14 in section 1 of the Hydrographic Services Improvement 

15 Act Amendments of 2002 (Public Law 107–372), as 

16 amended by this Act, is further amended by inserting after 

17 the item relating to section 220 the following 

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

18 SEC. 302. PERSONNEL BOARDS. 

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

20 follows: 

21 ‘‘SEC. 222. PERSONNEL BOARDS. 

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

23 each year and at such other times as the Secretary deter24 mines necessary, the Secretary shall convene a personnel 

25 board. 


pamtmann on DSKBFK8HB2PROD with BILLS
41 

•HR 2406 IH

1 ‘‘(b) MEMBERSHIP.— 

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

3 subsection (a) shall consist of five or more officers 

4 who are serving in or above the permanent grade of 

5 the officers under consideration by the board. 

6 ‘‘(2) RETIRED OFFICERS.—Officers on the re7 tired list may be recalled to serve on such personnel 

8 boards as the Secretary considers necessary. 

9 ‘‘(3) NO MEMBERSHIP ON 2 SUCCESSIVE

10 BOARDS.—No officer may be a member of 2 succes11 sive personnel boards convened to consider officers 

12 of the same grade for promotion or separation. 

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

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

15 as may be necessary to correct any erroneous posi16 tion on the lineal list that was caused by administra17 tive error; and 

18 ‘‘(2) make selections and recommendations to 

19 the Secretary and the President for the appoint20 ment, promotion, involuntary separation, continu21 ation, and involuntary retirement of officers in the 

22 commissioned officer corps of the Administration as 

23 prescribed in this title. 

24 ‘‘(d) ACTION ON RECOMMENDATIONS NOT ACCEPT25 ABLE.—If any recommendation by a board convened 


pamtmann on DSKBFK8HB2PROD with BILLS
42 

•HR 2406 IH

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

2 the President, the board shall make such further rec3 ommendations as the Secretary or the President considers 

4 appropriate.’’. 

5 SEC. 303. ASSISTANT ADMINISTRATOR OF THE OFFICE OF 

6 MARINE AND AVIATION OPERATIONS. 

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

8 (1) in subsection (c)— 

9 (A) the fourth sentence, by striking ‘‘Di10 rector’’ and inserting ‘‘Assistant Adminis11 trator’’; and 

12 (B) in the heading, by inserting ‘‘ASSIST13 ANT ADMINISTRATOR OF THE’’ before ‘‘OF14 FICE’’; 

15 (2) in paragraph (2) of subsection (d), by in16 serting ‘‘or immediately beginning a period of ter17 minal leave’’ before ‘‘, revert to’’; 

18 (3) by amending subsection (e) to read as fol19 lows: 

20 ‘‘(e) NUMBER OF OFFICERS APPOINTED.—The total 

21 number of officers serving on active duty at any one time 

22 in the grade of rear admiral (lower half) or above may 

23 not exceed five, with only one serving in the grade of vice 

24 admiral.’’; and 


pamtmann on DSKBFK8HB2PROD with BILLS
43 

•HR 2406 IH

1 (4) in subsection (f), by inserting ‘‘or in a pe2 riod of terminal leave’’ before ‘‘, shall have the pay’’. 

3 SEC. 304. 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.’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
44 

•HR 2406 IH

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

2 in section 1 of the Hydrographic Services Improvement 

3 Act Amendments of 2002 (Public Law 107–372), as 

4 amended by this Act, is further amended by striking the 

5 item relating to section 229 and inserting the following: 

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

6 SEC. 305. OFFICER CANDIDATES. 

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

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

9 ‘‘SEC. 234. OFFICER CANDIDATES. 

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

11 shall determine the number of appointments of officer can12 didates. 

13 ‘‘(b) APPOINTMENT.—Appointment of officer can14 didates shall be made under regulations which the Sec15 retary shall prescribe, including regulations with respect 

16 to determining age limits, methods of selection of officer 

17 candidates, term of service as an officer candidate before 

18 graduation from the program, and all other matters af19 fecting such appointment. 

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

21 the basic officer training program of the Administration 

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

23 term as an officer candidate, the Secretary considers un24 satisfactory in either academics or conduct, or not adapted 

25 for a career in the commissioned officer corps of the AdVerDate Sep 11 2014 20:04 May 08, 2019 Jkt 089200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H2406.IH H2406

pamtmann on DSKBFK8HB2PROD with BILLS
45 

•HR 2406 IH

1 ministration. Officer candidates shall be subject to rules 

2 governing discipline prescribed by the Director of the Na3 tional Oceanic and Atmospheric Administration Commis4 sioned Officer Corps. 

5 ‘‘(d) AGREEMENT.— 

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

7 shall sign an agreement with the Secretary in ac8 cordance with section 216(a)(2) regarding the officer 

9 candidate’s term of service in the commissioned offi10 cer corps of the Administration. 

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

12 officer candidate under paragraph (1) shall provide 

13 that the officer candidate agrees to the following: 

14 ‘‘(A) That the officer candidate will com15 plete the course of instruction at the basic offi16 cer training program of the Administration. 

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

18 program, the officer candidate— 

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

20 tendered, as an officer; and 

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

22 least 4 years immediately after such ap23 pointment. 


pamtmann on DSKBFK8HB2PROD with BILLS
46 

•HR 2406 IH

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

2 regulations to carry out this section. Such regulations 

3 shall include— 

4 ‘‘(1) standards for determining what constitutes 

5 a breach of an agreement signed under such sub6 section (d)(1); and 

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

8 breach has occurred. 

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

10 officer candidate who does not fulfill the terms of the obli11 gation to serve as specified under section (d) shall be sub12 ject to the repayment provisions of section 216(b).’’. 

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

14 in section 1 of the Hydrographic Services Improvement 

15 Act Amendments of 2002 (Public Law 107–372), as 

16 amended by this Act, is further amended by inserting after 

17 the item relating to section 233 the following: 

‘‘Sec. 234. Officer candidates.’’. 

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

19 (33 U.S.C. 3002(b)) is amended by inserting after para20 graph (6) the following: 

21 ‘‘(7) 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).’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
47 

•HR 2406 IH

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 a 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. 306. PROCUREMENT OF PERSONNEL. 

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

19 seq.), as amended by section 305(a) of this Act, is further 

20 amended 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.’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
48 

•HR 2406 IH

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

2 in section 1 of the Hydrographic Services Improvement 

3 Act Amendments of 2002 (Public Law 107–372), as 

4 amended by this Act, is further amended by inserting after 

5 the item relating to section 234 the following: 

‘‘235. Procurement of personnel.’’. 

6 TITLE IV—SEPARATION AND 

7 RETIREMENT OF OFFICERS 

8 SEC. 401. INVOLUNTARY RETIREMENT OR SEPARATION. 

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

10 at the end the following: 

11 ‘‘(d) DEFERMENT OF RETIREMENT OR SEPARATION

12 FOR MEDICAL REASONS.— 

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

14 that the evaluation of the medical condition of an of15 ficer requires hospitalization or medical observation 

16 that cannot be completed with confidence in a man17 ner consistent with the officer’s well being before the 

18 date on which the officer would otherwise be re19 quired to retire or be separated under this section, 

20 the Secretary may defer the retirement or separation 

21 of the officer. 

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

23 only be made with the written consent of the officer 

24 involved. If the officer does not provide written conVerDate Sep 11 2014 20:04 May 08, 2019 Jkt 089200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H2406.IH H2406

pamtmann on DSKBFK8HB2PROD with BILLS
49 

•HR 2406 IH

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. 402. 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.’’. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS