ance with sections 428(o), 455(l), and 464(j) of 
the Higher Education Act of 1965 (20 U.S.C. 
1078(o), 1087e(l), and 1087dd(j))); and 
‘‘(B) to reimburse the Secretary of Edu-
cation for any reasonable administrative costs 
incurred by the Secretary in coordinating the 
program under this section with the administra-
tion of the student loan programs under parts 
B, D, and E of title IV of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1071 et seq., 
1087a et seq., 1087aa et seq.). 
‘‘(g) SPECIAL ALLOWANCE DEFINED.—In this sec-
tion, the term ‘special allowance’ means a special allow-
ance that is payable under section 438 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1087–1).’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 428(o) of the Higher Education Act 
of 1965 (20 U.S.C. 1078(o)) is amended— 
(A) by striking the subsection heading and 
inserting ‘‘ARMED FORCES AND NOAA COM-
MISSIONED OFFICER CORPS STUDENT LOAN 
INTEREST PAYMENT PROGRAMS’’; and 
(B) in paragraph (1)— 
(i) by inserting ‘‘or section 264 of the 
National Oceanic and Atmospheric Admin-
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istration Commissioned Officer Corps Act 
of 2002’’ after ‘‘Code,’’; and 
(ii) by inserting ‘‘or an officer in the 
commissioned officer corps of the National 
Oceanic and Atmospheric Administration, 
respectively,’’ after ‘‘Armed Forces’’. 
(2) Sections 455(l) and 464(j) of the Higher 
Education Act of 1965 (20 U.S.C. 1087e(l) and 
1087dd(j)) are each amended— 
(A) by striking the subsection heading and 
inserting ‘‘ARMED FORCES AND NOAA COM-
MISSIONED OFFICER CORPS STUDENT LOAN 
INTEREST PAYMENT PROGRAMS’’; and 
(B) in paragraph (1)— 
(i) by inserting ‘‘or section 264 of the 
National Oceanic and Atmospheric Admin-
istration Commissioned Officer Corps Act 
of 2002’’ after ‘‘Code,’’; and 
(ii) by inserting ‘‘or an officer in the 
commissioned officer corps of the National 
Oceanic and Atmospheric Administration, 
respectively’’ after ‘‘Armed Forces’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
in section 1 of the Act entitled ‘‘An Act to authorize the 
Hydrographic Service Improvement Act of 1998, and for 
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other purposes’’ (Public Law 107–372), as amended by 
section 401(b), is further amended by inserting after the 
item relating to section 267 the following: 
‘‘Sec. 268. Interest payment program.’’. 
SEC. 403. STUDENT PRE-COMMISSIONING EDUCATION AS-
SISTANCE PROGRAM. 
(a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 et 
seq.), as amended by sections 401(a) and 402(a), is fur-
ther amended by adding at the end the following: 
‘‘SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION AS-
SISTANCE PROGRAM. 
‘‘(a) AUTHORITY TO PROVIDE FINANCIAL ASSIST-
ANCE.—For the purpose of maintaining adequate numbers 
of officers of the commissioned officer corps of the Admin-
istration on active duty, the Secretary may provide finan-
cial assistance to a person described in subsection (b) for 
expenses of the person while the person is pursuing on 
a full-time basis at an accredited educational institution 
(as determined by the Secretary of Education) a program 
of education approved by the Secretary that leads to— 
‘‘(1) a baccalaureate degree in not more than 5 
academic years; or 
‘‘(2) a postbaccalaureate degree. 
‘‘(b) ELIGIBLE PERSONS.— 
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‘‘(1) IN GENERAL.—A person is eligible to ob-
tain financial assistance under subsection (a) if the 
person— 
‘‘(A) is enrolled on a full-time basis in a 
program of education referred to in subsection 
(a) at any educational institution described in 
such subsection; 
‘‘(B) meets all of the requirements for ac-
ceptance into the commissioned officer corps of 
the Administration except for the completion of 
a baccalaureate degree; and 
‘‘(C) enters into a written agreement with 
the Secretary described in paragraph (2). 
‘‘(2) AGREEMENT.—A written agreement re-
ferred to in paragraph (1)(C) is an agreement be-
tween the person and the Secretary in which the 
person agrees— 
‘‘(A) to accept an appointment as an offi-
cer, if tendered; and 
‘‘(B) upon completion of the person’s edu-
cational program, agrees to serve on active 
duty, immediately after appointment, for— 
‘‘(i) up to 3 years if the person re-
ceived less than 3 years of assistance; and 
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‘‘(ii) up to 5 years if the person re-
ceived at least 3 years of assistance. 
‘‘(c) QUALIFYING EXPENSES.—Expenses for which 
financial assistance may be provided under subsection (a) 
are the following: 
‘‘(1) Tuition and fees charged by the edu-
cational institution involved. 
‘‘(2) The cost of books. 
‘‘(3) In the case of a program of education 
leading to a baccalaureate degree, laboratory ex-
penses. 
‘‘(4) Such other expenses as the Secretary con-
siders appropriate. 
‘‘(d) LIMITATION ON AMOUNT.—The Secretary shall 
prescribe the amount of financial assistance provided to 
a person under subsection (a), which may not exceed the 
amount specified in section 2173(e)(2) of title 10, United 
States Code, for each year of obligated service that a per-
son agrees to serve in an agreement described in sub-
section (b)(2). 
‘‘(e) DURATION OF ASSISTANCE.—Financial assist-
ance may be provided to a person under subsection (a) 
for not more than 5 consecutive academic years. 
‘‘(f) SUBSISTENCE ALLOWANCE.— 
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‘‘(1) IN GENERAL.—A person who receives fi-
nancial assistance under subsection (a) shall be enti-
tled to a monthly subsistence allowance at a rate 
prescribed under paragraph (2) for the duration of 
the period for which the person receives such finan-
cial assistance. 
‘‘(2) DETERMINATION OF AMOUNT.—The Sec-
retary shall prescribe monthly rates for subsistence 
allowance provided under paragraph (1), which shall 
be equal to the amount specified in section 2144(a) 
of title 10, United States Code. 
‘‘(g) INITIAL CLOTHING ALLOWANCE.— 
‘‘(1) TRAINING.—The Secretary may prescribe 
a sum which shall be credited to each person who re-
ceives financial assistance under subsection (a) to 
cover the cost of the person’s initial clothing and 
equipment issue. 
‘‘(2) APPOINTMENT.—Upon completion of the 
program of education for which a person receives fi-
nancial assistance under subsection (a) and accept-
ance of appointment in the commissioned officer 
corps of the Administration, the person may be 
issued a subsequent clothing allowance equivalent to 
that normally provided to a newly appointed officer. 
‘‘(h) TERMINATION OF FINANCIAL ASSISTANCE.— 
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‘‘(A) becomes unqualified to serve on active 
duty in the commissioned officer corps of the 
Administration because of a circumstance not 
within the control of that person; or 
‘‘(B) is— 
‘‘(i) not physically qualified for ap-
pointment; and 
‘‘(ii) determined to be unqualified for 
service in the commissioned officer corps of 
the Administration because of a physical or 
medical condition that was not the result 
of the person’s own misconduct or grossly 
negligent conduct. 
‘‘(4) 
OBLIGATION
AS
DEBT
TO
UNITED 
STATES.—An obligation to reimburse the Secretary 
imposed under paragraph (2) is, for all purposes, a 
debt owed to the United States. 
‘‘(5) DISCHARGE
IN
BANKRUPTCY.—A dis-
charge in bankruptcy under title 11, United States 
Code, that is entered less than 5 years after the ter-
mination of a written agreement entered into under 
subsection (b)(1)(C) does not discharge the person 
signing the agreement from a debt arising under 
such agreement or under paragraph (2). 
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‘‘(i) REGULATIONS.—The Secretary may promulgate 
such regulations and orders as the Secretary considers ap-
propriate to carry out this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
in section 1 of the Act entitled ‘‘An Act to authorize the 
Hydrographic Service Improvement Act of 1998, and for 
other purposes’’ (Public Law 107–372), as amended by 
section 402(c), is further amended by inserting after the 
item relating to section 268 the following: 
‘‘Sec. 269. Student pre-commissioning education assistance program.’’. 
SEC. 404. LIMITATION ON EDUCATIONAL ASSISTANCE. 
(a) IN GENERAL.—Each fiscal year, beginning with 
fiscal year 2013, the Secretary of Commerce shall ensure 
that the total amount expended by the Secretary under 
section 267 of the National Oceanic and Atmospheric Ad-
ministration Commissioned Officer Corps Act of 2002 (as 
added by section 401(a)), section 268 of such Act (as 
added by section 402(a)), and section 269 of such Act (as 
added by section 403(a)) does not exceed the amount by 
which— 
(1) the total amount the Secretary would pay in 
that fiscal year to officer candidates under section 
203(f)(1) of title 37, United States Code (as added 
by section 205(d)), if such section entitled officers 
candidates to pay at monthly rates equal to the 
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basic pay of a commissioned officer in the pay grade 
O–1 with less than 2 years of service; exceeds 
(2) the total amount the Secretary actually 
pays in that fiscal year to officer candidates under 
section 203(f)(1) of such title (as so added). 
(b) OFFICER CANDIDATE DEFINED.—In this section, 
the term ‘‘officer candidate’’ has the meaning given the 
term in section 212 of the National Oceanic and Atmos-
pheric Administration Commissioned Officer Corps Act of 
2002 (33 U.S.C. 3002), as added by section 205(c). 
SEC. 405. APPLICABILITY OF CERTAIN PROVISIONS OF 
TITLE 10, UNITED STATES CODE. 
Section 261(a) (33 U.S.C. 3071(a)) is amended— 
(1) by redesignating paragraphs (13) through 
(16) as paragraphs (20) through (23), respectively; 
(2) by redesignating paragraphs (7) through 
(12) as paragraphs (12) through (17), respectively; 
(3) by redesignating paragraphs (4) through 
(6) as paragraphs (8) through (10), respectively; 
(4) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) Section 771, relating to unauthorized 
wearing of uniforms. 
‘‘(5) Section 774, relating to wearing religious 
apparel while in uniform. 
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‘‘(6) Section 982, relating to service on State 
and local juries. 
‘‘(7) Section 1031, relating to administration of 
oaths.’’; 
(5) by inserting after paragraph (10), as redes-
ignated, the following: 
‘‘(11) Chapter 58, relating to the Benefits and 
Services for members being separated or recently 
separated.’’; and 
(6) by inserting after paragraph (17), as redes-
ignated, the following: 
‘‘(18) Subchapter I of chapter 88, relating to 
Military Family Programs. 
‘‘(19) Section 2005, relating to advanced edu-
cation assistance, active duty agreements, and reim-
bursement requirements.’’. 
SEC. 406. APPLICABILITY OF CERTAIN PROVISIONS OF 
TITLE 37, UNITED STATES CODE. 
(a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 et 
seq.) is amended by inserting after section 261 the fol-
lowing: 
‘‘SEC. 261A. APPLICABILITY OF CERTAIN PROVISIONS OF 
TITLE 37, UNITED STATES CODE. 
‘‘(a) PROVISIONS MADE APPLICABLE TO COMMIS-
SIONED OFFICER CORPS.—The provisions of law applica-
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ble to the Armed Forces under the following provisions 
of title 37, United States Code, shall apply to the commis-
sioned officer corps of the Administration: 
‘‘(1) Section 324, relating to accession bonuses 
for new officers in critical skills. 
‘‘(2) Section 403(f)(3), relating to prescribing 
regulations defining the terms ‘field duty’ and ‘sea 
duty’. 
‘‘(3) Section 403(l), relating to temporary con-
tinuation of housing allowance for dependents of 
members dying on active duty. 
‘‘(4) Section 414(a)(2), relating to personal 
money allowance while serving as Director of the 
National Oceanic and Atmospheric Administration 
Commissioned Officer Corps. 
‘‘(5) Section 488, relating to allowances for re-
cruiting expenses. 
‘‘(6) Section 495, relating to allowances for fu-
neral honors duty. 
‘‘(b) REFERENCES.—The authority vested by title 37, 
United States Code, in the ‘military departments’, ‘the 
Secretary concerned’, or ‘the Secretary of Defense’ with 
respect to the provisions of law referred to in subsection 
(a) shall be exercised, with respect to the commissioned 
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