I 
116TH CONGRESS 
1ST SESSION H. R. 2406 
To amend the National Oceanic and Atmospheric Administration Commis-
sioned 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 fol-
lowing 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 deter-
mined 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 Adminis-
tration 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘National Oceanic and Atmospheric Administration Com-
missioned Officer Corps Amendments Act of 2019’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References to National Oceanic and Atmospheric Administration Com-
missioned 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 Oper-
ations. 
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. 
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SEC. 2. REFERENCES TO NATIONAL OCEANIC AND ATMOS-
PHERIC 
ADMINISTRATION 
COMMISSIONED 
OFFICER CORPS ACT OF 2002. 
Except as otherwise expressly provided, any place in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of the National Oceanic and At-
mospheric Administration Commissioned Officer Corps 
Act of 2002 (33 U.S.C. 3001 et seq.). 
TITLE I—GENERAL PROVISIONS 
SEC. 101. STRENGTH AND DISTRIBUTION IN GRADE. 
Section 214 (33 U.S.C. 3004) is amended to read as 
follows: 
‘‘SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE. 
‘‘(a) GRADES.—The commissioned grades in the com-
missioned officer corps of the Administration are the fol-
lowing, in relative rank with officers of the Navy: 
‘‘(1) Vice admiral. 
‘‘(2) Rear admiral. 
‘‘(3) Rear admiral (lower half). 
‘‘(4) Captain. 
‘‘(5) Commander. 
‘‘(6) Lieutenant commander. 
‘‘(7) Lieutenant. 
‘‘(8) Lieutenant (junior grade). 
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‘‘(9) Ensign. 
‘‘(b) GRADE DISTRIBUTION.—The Secretary shall 
prescribe, with respect to the distribution on the lineal list 
in grade, the percentages applicable to the grades set forth 
in subsection (a). 
‘‘(c) ANNUAL
COMPUTATION
OF
NUMBER
IN 
GRADE.— 
‘‘(1) IN GENERAL.—Not less frequently than 
once each year, the Secretary shall determine the 
number of officers on the lineal list authorized to be 
serving in each grade. 
‘‘(2) METHOD OF DETERMINATION.—The num-
ber in each grade shall be determined by applying 
the applicable percentage to the total number of 
such officers serving on active duty on the date the 
computation is made. 
‘‘(3) FRACTIONS.—If a final fraction occurs in 
computing the authorized number of officers in a 
grade, the nearest whole number shall be taken. If 
the fraction is 1⁄2, the next higher whole number 
shall be taken. 
‘‘(d) TEMPORARY INCREASE
IN NUMBERS.—The 
total number of officers authorized by law to be on the 
lineal list during a fiscal year may be temporarily exceeded 
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if the average number on that list during that fiscal year 
does not exceed the authorized number. 
‘‘(e) POSITIONS
OF IMPORTANCE
AND RESPONSI-
BILITY.—Officers serving in positions designated under 
section 228(a) and officers recalled from retired status 
shall not be counted when computing authorized strengths 
under subsection (c) and shall not count against those 
strengths. 
‘‘(f) PRESERVATION OF GRADE AND PAY.—No offi-
cer may be reduced in grade or pay or separated from 
the commissioned officer corps of the Administration as 
the result of a computation made to determine the author-
ized number of officers in the various grades.’’. 
SEC. 102. RECALLED OFFICERS. 
Section 215 (33 U.S.C. 3005) is amended— 
(1) by striking ‘‘Effective October 1, 2009, the’’ 
and inserting ‘‘(a) IN GENERAL.—The’’; 
(2) by striking ‘‘be increased from 321 to 379 
if—’’ and all that follows through ‘‘fiscal year.’’ and 
inserting ‘‘not to exceed 500.’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(b) POSITIONS
OF IMPORTANCE
AND RESPONSI-
BILITY.—Officers serving in positions designated under 
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section 228 and officers recalled from retired status or de-
tailed to an agency other than the Administration— 
‘‘(1) may not be counted in determining the 
total number of authorized officers on the lineal list 
under this section; and 
‘‘(2) may not count against such number.’’. 
SEC. 103. OBLIGATED SERVICE REQUIREMENT. 
(a) IN GENERAL.—Subtitle A (33 U.S.C. 3001 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 216. OBLIGATED SERVICE REQUIREMENT. 
‘‘(a) IN GENERAL.— 
‘‘(1) REGULATIONS.—The Secretary shall pre-
scribe the obligated service requirements for appoint-
ments, training, promotions, separations, continu-
ations, and retirement of officers not otherwise cov-
ered by law. 
‘‘(2) WRITTEN
AGREEMENTS.—The Secretary 
and officers shall enter into written agreements that 
describe the officers’ obligated service requirements 
prescribed under paragraph (1) in return for such 
appointments, training, promotions, separations, and 
retirements as the Secretary considers appropriate. 
‘‘(b) REPAYMENT FOR FAILURE TO SATISFY RE-
QUIREMENTS.— 
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‘‘(1) IN GENERAL.—The Secretary may require 
an officer who fails to meet the service requirements 
prescribed under subsection (a)(1) to reimburse the 
Secretary in an amount that bears the same ratio to 
the total costs of the training provided to that offi-
cer by the Secretary as the unserved portion of ac-
tive duty bears to the total period of active duty the 
officer agreed to serve. 
‘‘(2) 
OBLIGATION
AS
DEBT
TO
UNITED 
STATES.—An obligation to reimburse the Secretary 
under paragraph (1) shall be considered for all pur-
poses as a debt owed to the United States. 
‘‘(3) DISCHARGE
IN
BANKRUPTCY.—A dis-
charge in bankruptcy under title 11 that is entered 
less than 5 years after the termination of a written 
agreement entered into under subsection (a)(2) does 
not discharge the individual signing the agreement 
from a debt arising under such agreement. 
‘‘(c) WAIVER OR SUSPENSION OF COMPLIANCE.— 
The Secretary may waive the service obligation of an offi-
cer who— 
‘‘(1) becomes unqualified to serve on active 
duty in the commissioned officer corps of the Ad-
ministration because of a circumstance not within 
the control of such officer; or 
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‘‘(2) is— 
‘‘(A) not physically qualified for appoint-
ment; and 
‘‘(B) determined to be unqualified for serv-
ice in the commissioned officer corps of the Ad-
ministration because of a physical or medical 
condition that was not the result of the officer’s 
own misconduct or grossly negligent conduct.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1 of the Hydrographic Services Improvement 
Act Amendments of 2002 (Public Law 107–372) is 
amended by inserting after the item relating to section 
215 the following: 
‘‘Sec. 216. Obligated service requirement.’’. 
SEC. 104. TRAINING AND PHYSICAL FITNESS. 
(a) IN GENERAL.—Subtitle A (33 U.S.C. 3001 et 
seq.), as amended by section 103 of this Act, is further 
amended by adding at the end the following: 
‘‘SEC. 217. TRAINING AND PHYSICAL FITNESS. 
‘‘(a) TRAINING.—The Secretary may take such meas-
ures as may be necessary to ensure that officers are pre-
pared to carry out their duties in the commissioned officer 
corps of the Administration and proficient in the skills 
necessary to carry out such duties. Such measures may 
include the following: 
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‘‘(1) Carrying out training programs and cor-
respondence courses, including establishing and op-
erating a basic officer training program to provide 
initial indoctrination and maritime vocational train-
ing for officer candidates as well as refresher train-
ing, mid-career training, aviation training, and such 
other training as the Secretary considers necessary 
for officer development and proficiency. 
‘‘(2) Providing officers and officer candidates 
with educational materials and school supplies. 
‘‘(3) Acquiring such equipment as may be nec-
essary for training and instructional purposes. 
‘‘(b) PHYSICAL FITNESS.—The Secretary shall en-
sure that officers maintain a high physical state of readi-
ness by establishing standards of physical fitness for offi-
cers that are substantially equivalent to those prescribed 
for officers of the Coast Guard.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1 of the Hydrographic Services Improvement 
Act Amendments of 2002 (Public Law 107–372), as 
amended by this Act, is further amended by inserting after 
the item relating to section 216 the following: 
‘‘Sec. 217. Training and physical fitness.’’. 
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SEC. 105. RECRUITING MATERIALS. 
(a) IN GENERAL.—Subtitle A (33 U.S.C. 3001 et 
seq.), as amended by section 104 of this Act, is further 
amended by adding at the end the following: 
‘‘SEC. 218. USE OF RECRUITING MATERIALS FOR PUBLIC 
RELATIONS. 
‘‘The Secretary may use for public relations purposes 
of the Department of Commerce any advertising materials 
developed for use for recruitment and retention of per-
sonnel for the commissioned officer corps of the Adminis-
tration.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1 of the Hydrographic Services Improvement 
Act Amendments of 2002 (Public Law 107–372), as 
amended by this Act, is further amended by inserting after 
the item relating to section 217 the following: 
‘‘Sec. 218. Use of recruiting materials for public relations.’’. 
SEC. 106. TECHNICAL CORRECTION. 
Section 101(21)(C) of title 38, United States Code, 
is amended by inserting ‘‘in the commissioned officer 
corps’’ before ‘‘of the National’’. 
TITLE II—PARITY AND 
RECRUITMENT 
SEC. 201. EDUCATION LOANS. 
(a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 et 
seq.) is amended by adding at the end the following: 
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‘‘SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM. 
‘‘(a) AUTHORITY TO REPAY EDUCATION LOANS.— 
For the purpose of maintaining an adequate number of 
officers on active duty possessing the skills required by 
the commissioned officer corps, the Secretary may repay, 
in the case of a person described in subsection (b), a loan 
that— 
‘‘(1) was used by the person to finance edu-
cation; and 
‘‘(2) was obtained from a governmental entity, 
private financial institution, educational institution, 
or other authorized entity. 
‘‘(b) ELIGIBLE PERSONS.—To be eligible to obtain 
a loan repayment under this section, a person must— 
‘‘(1) satisfy one of the requirements specified in 
subsection (c); 
‘‘(2) be fully qualified for, or hold, an appoint-
ment as a commissioned officer in the commissioned 
officer corps of the Administration; and 
‘‘(3) sign a written agreement to serve on active 
duty, or, if on active duty, to remain on active duty 
for a period in addition to any other incurred active 
duty obligation. 
‘‘(c) ACADEMIC
AND
PROFESSIONAL
REQUIRE-
MENTS.—One of the following academic requirements 
must be satisfied for purposes of determining the eligi-
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bility of an individual for a loan repayment under this sec-
tion: 
‘‘(1) The person is fully qualified in a profes-
sion that the Secretary has determined to be nec-
essary to meet identified skill shortages in the com-
missioned officer corps. 
‘‘(2) The person is enrolled as a full-time stu-
dent in the final year of a course of study at an ac-
credited educational institution (as determined by 
the Secretary of Education) leading to a degree in 
a profession that will meet identified skill shortages 
in the commissioned officer corps. 
‘‘(d) LOAN REPAYMENTS.— 
‘‘(1) IN GENERAL.—Subject to the limits estab-
lished under paragraph (2), a loan repayment under 
this section may consist of the payment of the prin-
cipal, interest, and related expenses of a loan ob-
tained by a person described in subsection (b). 
‘‘(2) LIMITATION ON AMOUNT.—For each year 
of obligated service that a person agrees to serve in 
an agreement described in subsection (b)(3), the 
Secretary may pay not more than the amount speci-
fied in section 2173(e)(2) of title 10, United States 
Code. 
‘‘(e) ACTIVE DUTY SERVICE OBLIGATION.— 
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‘‘(1) IN GENERAL.—A person entering into an 
agreement described in subsection (b)(3) incurs an 
active duty service obligation. 
‘‘(2) LENGTH
OF
OBLIGATION
DETERMINED 
UNDER REGULATIONS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the length of the obligation 
under paragraph (1) shall be determined under 
regulations prescribed by the Secretary. 
‘‘(B) MINIMUM OBLIGATION.—The regula-
tions prescribed under subparagraph (A) may 
not provide for a period of obligation of less 
than 1 year for each maximum annual amount, 
or portion thereof, paid on behalf of the person 
for qualified loans. 
‘‘(3) PERSONS ON ACTIVE DUTY BEFORE EN-
TERING INTO AGREEMENT.—The active duty service 
obligation of persons on active duty before entering 
into the agreement shall be served after the conclu-
sion of any other obligation incurred under the 
agreement. 
‘‘(f) EFFECT OF FAILURE TO COMPLETE OBLIGA-
TION.— 
‘‘(1) ALTERNATIVE
OBLIGATIONS.—An officer 
who is relieved of the officer’s active duty obligation 
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under this section before the completion of that obli-
gation may be given any alternative obligation, at 
the discretion of the Secretary. 
‘‘(2) REPAYMENT.—An officer who does not 
complete the period of active duty specified in the 
agreement entered into under subsection (b)(3), or 
the alternative obligation imposed under paragraph 
(1), shall be subject to the repayment provisions 
under section 216. 
‘‘(g) REGULATIONS.—The Secretary shall prescribe 
regulations to carry out this section, including— 
‘‘(1) standards for qualified loans and author-
ized payees; and 
‘‘(2) other terms and conditions for the making 
of loan repayments.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1 of the Hydrographic Services Improvement 
Act Amendments of 2002 (Public Law 107–372), as 
amended by this Act, is further amended by inserting after 
the item relating to section 266 the following: 
‘‘Sec. 267. Education loan repayment program.’’. 
SEC. 202. INTEREST PAYMENTS. 
(a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 et 
seq.), as amended by section 201(a) of this Act, is further 
amended by adding at the end the following: 
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‘‘SEC. 268. INTEREST PAYMENT PROGRAM. 
‘‘(a) AUTHORITY.—The Secretary may pay the inter-
est and any special allowances that accrue on one or more 
student loans of an eligible officer, in accordance with this 
section. 
‘‘(b) ELIGIBLE OFFICERS.—An officer is eligible for 
the benefit described in subsection (a) while the officer— 
‘‘(1) is serving on active duty; 
‘‘(2) has not completed more than 3 years of 
service on active duty; 
‘‘(3) is the debtor on one or more unpaid loans 
described in subsection (c); and 
‘‘(4) is not in default on any such loan. 
‘‘(c) STUDENT LOANS.—The authority to make pay-
ments under subsection (a) may be exercised with respect 
to the following loans: 
‘‘(1) A loan made, insured, or guaranteed under 
part B of title IV of the Higher Education Act of 
1965 (20 U.S.C. 1071 et seq.). 
‘‘(2) A loan made under part D of such title 
(20 U.S.C. 1087a et seq.). 
‘‘(3) A loan made under part E of such title 
(20 U.S.C. 1087aa et seq.). 
‘‘(d) MAXIMUM BENEFIT.—Interest and any special 
allowance may be paid on behalf of an officer under this 
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section for any of the 36 consecutive months during which 
the officer is eligible under subsection (b). 
‘‘(e) FUNDS FOR PAYMENTS.—The Secretary may 
use amounts appropriated for the pay and allowances of 
personnel of the commissioned officer corps of the Admin-
istration for payments under this section. 
‘‘(f) COORDINATION WITH SECRETARY
OF EDU-
CATION.— 
‘‘(1) IN GENERAL.—The Secretary shall consult 
with the Secretary of Education regarding the ad-
ministration of this section. 
‘‘(2) TRANSFER
OF
FUNDS.—The Secretary 
shall transfer to the Secretary of Education the 
funds necessary— 
‘‘(A) to pay interest and special allowances 
on student loans under this section (in accord-
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-
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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 268 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’’. 
(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— 
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(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 268 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 contents 
in section 1 of the Hydrographic Services Improvement 
Act Amendments of 2002 (Public Law 107–372), as 
amended by this Act, is further amended by inserting after 
the item relating to section 267 the following: 
‘‘Sec. 268. Interest payment program.’’. 
SEC. 203. STUDENT PRE-COMMISSIONING PROGRAM. 
(a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 et 
seq.), as amended by section 202(a) of this Act, is further 
amended by adding at the end the following: 
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‘‘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 such person while such 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.— 
‘‘(1) IN GENERAL.—A person is eligible to ob-
tain financial assistance under subsection (a) if such 
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 
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‘‘(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 such person and the Secretary in which such 
person— 
‘‘(A) agrees to accept an appointment as 
an officer, if tendered; and 
‘‘(B) upon completion of such person’s 
educational program, agrees to serve on active 
duty, immediately after appointment, for— 
‘‘(i) up to 3 years if such person re-
ceived less than 3 years of assistance; and 
‘‘(ii) up to 5 years if such 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 educational materials. 
‘‘(3) In the case of a program of education 
leading to a baccalaureate degree, laboratory ex-
penses. 
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‘‘(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.— 
‘‘(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.— 
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‘‘(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.— 
‘‘(1) IN GENERAL.—The Secretary shall termi-
nate the assistance provided to a person under this 
section if— 
‘‘(A) the Secretary accepts a request by 
the person to be released from an agreement 
described in subsection (b)(2); 
‘‘(B) the misconduct of the person results 
in a failure to complete the period of active 
duty required under the agreement; or 
‘‘(C) the person fails to fulfill any term or 
condition of the agreement. 
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‘‘(2) REIMBURSEMENT.—The Secretary may re-
quire a person who receives assistance described in 
subsection (c), (f), or (g) under an agreement en-
tered into under subsection (b)(1)(C) to reimburse 
the Secretary in an amount that bears the same 
ratio to the total costs of the assistance provided to 
that person as the unserved portion of active duty 
bears to the total period of active duty the officer 
agreed to serve under the agreement. 
‘‘(3) WAIVER.—The Secretary may waive the 
service obligation of a person through an agreement 
entered into under subsection (b)(1)(C) if the per-
son— 
‘‘(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 
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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). 
‘‘(i) REGULATIONS.—The Secretary may promulgate 
such regulations and orders as the Secretary considers ap-
propriate to carry out this section. 
‘‘(j) MINORITY INSTITUTIONS.—In carrying out this 
section, the Secretary may prioritize persons described in 
subsection (b) who attend minority institutions as defined 
by section 365(3) of the Higher Education Act (20 U.S.C. 
1067k(3)).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1 of the Hydrographic Services Improvement 
Act Amendments of 2002 (Public Law 107–372), as 
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amended by this Act, is further amended by inserting after 
the item relating to section 268 the following: 
‘‘Sec. 269. Student pre-commissioning education assistance program.’’. 
SEC. 204. LIMITATION ON EDUCATIONAL ASSISTANCE. 
(a) IN GENERAL.—Each fiscal year, beginning with 
the fiscal year in which this Act is enacted, the Secretary 
of Commerce shall ensure that the total amount expended 
by the Secretary under sections 267 through 269 of the 
National Oceanic and Atmospheric Administration Com-
missioned Officer Corps Act of 2002, as amended by this 
Act, 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 305(d)), if such section entitled officers 
candidates to pay at monthly rates equal to the 
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 305(c). 
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SEC. 205. APPLICABILITY OF CERTAIN PROVISIONS OF 
TITLE 10, UNITED STATES CODE, AND EXTEN-
SION OF CERTAIN AUTHORITIES APPLICABLE 
TO MEMBERS OF THE ARMED FORCES TO 
COMMISSIONED OFFICER CORPS. 
(a) APPLICABILITY
OF CERTAIN PROVISIONS
OF 
TITLE 10.—Section 261(a) (33 U.S.C. 3071(a)) is amend-
ed— 
(1) by redesignating paragraphs (13) through 
(16) as paragraphs (22) through (25), respectively; 
(2) by redesignating paragraphs (7) through 
(12) as paragraphs (14) through (19), 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. 
‘‘(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: 
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‘‘(11) Section 1074n, relating to annual mental 
health assessments for members of the Armed 
Forces. 
‘‘(12) Section 1090a, relating to commanding 
officer and supervisor referrals of members for men-
tal health evaluations. 
‘‘(13) Chapter 58, relating to the benefits and 
services for members being separated or recently 
separated.’’; and 
(6) by inserting after paragraph (19), as redes-
ignated, the following: 
‘‘(20) Subchapter I of chapter 88, relating to 
military family programs. 
‘‘(21) Section 2005, relating to advanced edu-
cation assistance, active duty agreements, and reim-
bursement requirements.’’. 
(b) EXTENSION OF CERTAIN AUTHORITIES.— 
(1) NOTARIAL
SERVICES.—Section 1044a of 
title 10, United States Code, is amended— 
(A) in subsection (a)(1), by striking 
‘‘armed forces’’ and inserting ‘‘uniformed serv-
ices’’; and 
(B) in subsection (b)(4), by striking 
‘‘armed forces’’ both places it appears and in-
serting ‘‘uniformed services’’. 
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(2) ACCEPTANCE OF VOLUNTARY SERVICES FOR 
PROGRAMS
SERVING
MEMBERS
AND
THEIR
FAMI-
LIES.—Section 1588 of such title is amended— 
(A) in subsection (a)(3), in the matter be-
fore subparagraph (A), by striking ‘‘armed 
forces’’ and inserting ‘‘uniformed services’’; and 
(B) by adding at the end the following: 
‘‘(g) SECRETARY CONCERNED FOR ACCEPTANCE OF 
SERVICES FOR PROGRAMS SERVING MEMBERS OF NOAA 
CORPS AND THEIR FAMILIES.—For purposes of the ac-
ceptance of services described in subsection (a)(3), the 
term ‘Secretary concerned’ in subsection (a) shall include 
the Secretary of Commerce with respect to members of 
the commissioned officer corps of the National Oceanic 
and Atmospheric Administration.’’. 
(3) CAPSTONE COURSE FOR NEWLY SELECTED 
FLAG
OFFICERS.—Section 2153 of such title is 
amended— 
(A) in subsection (a)— 
(i) by inserting ‘‘or the commissioned 
officer corps of the National Oceanic and 
Atmospheric Administration’’ after ‘‘in the 
case of the Navy’’; and 
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(ii) by striking ‘‘other armed forces’’ 
and inserting ‘‘other uniformed services’’; 
and 
(B) in subsection (b)(1), in the matter be-
fore subparagraph (A), by inserting ‘‘or the 
Secretary of Commerce, as applicable,’’ after 
‘‘the Secretary of Defense’’. 
SEC. 206. 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-
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 special pay and 
accession bonuses for new officers in critical skills. 
‘‘(2) Section 403(l), relating to temporary con-
tinuation of housing allowance for dependents of 
members dying on active duty. 
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‘‘(3) Section 415, relating to initial uniform al-
lowances. 
‘‘(4) Section 488, relating to allowances for re-
cruiting expenses. 
‘‘(5) Section 495, relating to allowances for fu-
neral honors duty. 
‘‘(b) FIELD DUTY AND SEA DUTY.—The Secretary 
may prescribe definitions for the terms ‘field duty’ and 
‘sea duty’ for the purposes of section 413 of title 37, 
United States Code, with respect to the commissioned offi-
cer corps of the Administration. 
‘‘(c) 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 
officer corps of the Administration, by the Secretary of 
Commerce or the Secretary’s designee.’’. 
(b) PERSONAL MONEY ALLOWANCE.—Section 414 of 
title 37, United States Code, is amended by inserting ‘‘or 
the Director of the commissioned officer corps of the Na-
tional Oceanic and Atmospheric Administration’’ after 
‘‘Health Service’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1 of the Hydrographic Services Improvement 
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Act Amendments of 2002 (Public Law 107–372), as 
amended by this Act, is further amended by inserting after 
the item relating to section 261 the following: 
‘‘Sec. 261a. Applicability of certain provisions of title 37, United States Code.’’. 
SEC. 207. PROHIBITION ON RETALIATORY PERSONNEL AC-
TIONS. 
(a) IN GENERAL.—Subsection (a) of section 261 (33 
U.S.C. 3071), as amended by section 205(a) of this Act, 
is further amended— 
(1) by redesignating paragraphs (8) through 
(25) as paragraphs (9) through (26), respectively; 
and 
(2) by inserting after paragraph (7) the fol-
lowing: 
‘‘(8) Section 1034, relating to protected com-
munications and prohibition of retaliatory personnel 
actions.’’. 
(b) CONFORMING AMENDMENT.—Subsection (b) of 
such section is amended— 
(1) by striking ‘‘The’’ and inserting ‘‘(a) The’’; 
and 
(2) by adding at the end the following: 
‘‘(b) For purposes of subsection (a)(8), the term ‘In-
spector General’ in section 1034 of title 10 shall mean 
the Inspector General of the Department of Commerce.’’. 
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(c) REGULATIONS.—Such section is further amended 
by adding at the end the following: 
‘‘(c) REGULATIONS REGARDING PROTECTED COM-
MUNICATIONS AND PROHIBITION OF RETALIATORY PER-
SONNEL ACTIONS.—The Secretary may promulgate regu-
lations to carry out section 261(a)(8), including by pro-
mulgating such administrative procedures for investiga-
tion and appeal within the commissioned officer corps as 
the Secretary considers appropriate.’’. 
SEC. 208. APPLICATION OF CERTAIN PROVISIONS OF COM-
PETITIVE SERVICE LAW. 
Section 3304(f) of title 5, United States Code, is 
amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) The following individuals may not be de-
nied the opportunity to compete for vacant positions 
for which the agency making the announcement will 
accept applications from individuals outside its own 
workforce under merit promotion procedures: 
‘‘(A) Preference eligibles. 
‘‘(B) Veterans who have been separated 
from the Armed Forces under honorable condi-
tions after 3 years or more of active service. 
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‘‘(C) Members of the commissioned officer 
corps of the National Oceanic and Atmospheric 
Administration separated from such officer 
corps under honorable conditions after 3 years 
or more of active service.’’; 
(2) in paragraph (2), by striking ‘‘or veteran’’ 
and inserting ‘‘, veteran, or member’’; and 
(3) in paragraph (4), by striking ‘‘preference 
eligibles’’ and all that follows through ‘‘service’’ and 
inserting ‘‘individuals described in paragraph (1)’’. 
SEC. 209. EMPLOYMENT AND REEMPLOYMENT RIGHTS. 
Section 4303(16) of title 38, United States Code, is 
amended by inserting ‘‘the commissioned officer corps of 
the National Oceanic and Atmospheric Administration,’’ 
after ‘‘Public Health Service,’’. 
SEC. 210. TREATMENT OF COMMISSION IN COMMISSIONED 
OFFICER CORPS FOR PURPOSES OF CERTAIN 
HIRING DECISIONS. 
(a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 et 
seq.), as amended by section 206(a) of this Act, is further 
amended by adding at the end the following: 
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‘‘SEC. 270. TREATMENT OF COMMISSION IN COMMISSIONED 
OFFICER CORPS AS EMPLOYMENT IN ADMIN-
ISTRATION FOR PURPOSES OF CERTAIN HIR-
ING DECISIONS. 
‘‘(a) IN GENERAL.—In any case in which the Sec-
retary accepts an application for a position of employment 
with the Administration and limits consideration of appli-
cations for such position to applications submitted by indi-
viduals serving in a career or career-conditional position 
in the competitive service within the Administration, the 
Secretary shall deem an officer who has served as an offi-
cer in the commissioned officer corps for at least 3 years 
to be serving in a career or career-conditional position in 
the competitive service within the Administration for pur-
poses of such limitation. 
‘‘(b) CAREER APPOINTMENTS.—If the Secretary se-
lects an application submitted by an officer described in 
subsection (a) for a position described in such subsection, 
the Secretary shall give such officer a career or career- 
conditional appointment in the competitive service, as ap-
propriate. 
‘‘(c) COMPETITIVE SERVICE DEFINED.—In this sec-
tion, the term ‘competitive service’ has the meaning given 
the term in section 2102 of title 5, United States Code.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1 of the Hydrographic Services Improvement 
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Act Amendments of 2002 (Public Law 107–372), as 
amended by this Act, is further amended by inserting after 
the item relating to section 269 the following: 
‘‘Sec. 270. Treatment of commission in commissioned officer corps as employ-
ment in Administration for purposes of certain hiring deci-
sions.’’. 
TITLE III—APPOINTMENTS AND 
PROMOTION OF OFFICERS 
SEC. 301. APPOINTMENTS. 
(a) ORIGINAL APPOINTMENTS.—Section 221 (33 
U.S.C. 3021) is amended to read as follows: 
‘‘SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINT-
MENTS. 
‘‘(a) ORIGINAL APPOINTMENTS.— 
‘‘(1) GRADES.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), an original appointment of 
an officer may be made in such grades as may 
be appropriate for— 
‘‘(i) the qualification, experience, and 
length of service of the appointee; and 
‘‘(ii) the commissioned officer corps of 
the Administration. 
‘‘(B) APPOINTMENT
OF
OFFICER
CAN-
DIDATES.— 
‘‘(i) LIMITATION
ON
GRADE.—An 
original appointment of an officer can-
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didate, upon graduation from the basic of-
ficer training program of the commissioned 
officer corps of the Administration, may 
not be made in any other grade than en-
sign. 
‘‘(ii) RANK.—Officer candidates re-
ceiving appointments as ensigns upon 
graduation from basic officer training pro-
gram shall take rank according to their 
proficiency as shown by the order of their 
merit at date of graduation. 
‘‘(2) SOURCE OF APPOINTMENTS.—An original 
appointment may be made from among the fol-
lowing: 
‘‘(A) Graduates of the basic officer train-
ing program of the commissioned officer corps 
of the Administration. 
‘‘(B) Graduates of the military service 
academies of the United States who otherwise 
meet the academic standards for enrollment in 
the training program described in subparagraph 
(A). 
‘‘(C) Graduates of the maritime academies 
of the States who— 
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‘‘(i) otherwise meet the academic 
standards for enrollment in the training 
program described in subparagraph (A); 
‘‘(ii) completed at least 3 years of 
regimented training while at a maritime 
academy of a State; and 
‘‘(iii) obtained an unlimited tonnage 
or unlimited horsepower Merchant Mariner 
Credential from the United States Coast 
Guard. 
‘‘(D) Licensed officers of the United States 
merchant marine who have served two or more 
years aboard a vessel of the United States in 
the capacity of a licensed officer, who otherwise 
meet the academic standards for enrollment in 
the training program described in subparagraph 
(A). 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) 
MARITIME
ACADEMIES
OF
THE 
STATES.—The term ‘maritime academies of the 
States’ means the following: 
‘‘(i) California Maritime Academy, 
Vallejo, California. 
‘‘(ii) Great Lakes Maritime Academy, 
Traverse City, Michigan. 
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‘‘(iii) 
Maine 
Maritime 
Academy, 
Castine, Maine. 
‘‘(iv) Massachusetts Maritime Acad-
emy, Buzzards Bay, Massachusetts. 
‘‘(v) State University of New York 
Maritime College, Fort Schuyler, New 
York. 
‘‘(vi) Texas A&M Maritime Academy, 
Galveston, Texas. 
‘‘(B) MILITARY
SERVICE
ACADEMIES
OF 
THE UNITED STATES.—The term ‘military serv-
ice academies of the United States’ means the 
following: 
‘‘(i) The United States Military Acad-
emy. 
‘‘(ii) The United States Naval Acad-
emy. 
‘‘(iii) The United States Air Force 
Academy. 
‘‘(iv) The United States Coast Guard 
Academy. 
‘‘(v) The United States Merchant Ma-
rine Academy. 
‘‘(b) REAPPOINTMENT.— 
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‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), an individual who previously served in the 
commissioned officer corps of the Administration 
may be appointed by the Secretary to the grade the 
individual held prior to separation. 
‘‘(2) REAPPOINTMENTS TO HIGHER GRADES.— 
An appointment under paragraph (1) to a position 
of importance and responsibility designated under 
section 228 may only be made by the President. 
‘‘(c) QUALIFICATIONS.—An appointment under sub-
section (a) or (b) may not be given to an individual until 
the individual’s mental, moral, physical, and professional 
fitness to perform the duties of an officer has been estab-
lished under such regulations as the Secretary shall pre-
scribe. 
‘‘(d) PRECEDENCE
OF
APPOINTEES.—Appointees 
under this section shall take precedence in the grade to 
which appointed in accordance with the dates of their com-
missions as commissioned officers in such grade. Ap-
pointees whose dates of commission are the same shall 
take precedence with each other as the Secretary shall de-
termine. 
‘‘(e) INTER-SERVICE TRANSFERS.—For inter-service 
transfers (as described in the Department of Defense Di-
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rective 1300.4 (dated December 27, 2006)) the Secretary 
shall— 
‘‘(1) coordinate with the Secretary of Defense 
and the Secretary of the Department in which the 
Coast Guard is operating to promote and streamline 
inter-service transfers; 
‘‘(2) give preference to such inter-service trans-
fers for recruitment purposes as determined appro-
priate by the Secretary; and 
‘‘(3) reappoint such inter-service transfers to 
the equivalent grade in the commissioned officer 
corps.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1 of the Hydrographic Services Improvement 
Act Amendments of 2002 (Public Law 107–372), as 
amended by this Act, is further amended by inserting after 
the item relating to section 220 the following 
‘‘Sec. 221. Original appointments and reappointments.’’. 
SEC. 302. PERSONNEL BOARDS. 
Section 222 (33 U.S.C. 3022) is amended to read as 
follows: 
‘‘SEC. 222. PERSONNEL BOARDS. 
‘‘(a) CONVENING.—Not less frequently than once 
each year and at such other times as the Secretary deter-
mines necessary, the Secretary shall convene a personnel 
board. 
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‘‘(b) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—A board convened under 
subsection (a) shall consist of five or more officers 
who are serving in or above the permanent grade of 
the officers under consideration by the board. 
‘‘(2) RETIRED OFFICERS.—Officers on the re-
tired list may be recalled to serve on such personnel 
boards as the Secretary considers necessary. 
‘‘(3) NO
MEMBERSHIP
ON
SUCCESSIVE 
BOARDS.—No officer may be a member of 2 succes-
sive personnel boards convened to consider officers 
of the same grade for promotion or separation. 
‘‘(c) DUTIES.—Each personnel board shall— 
‘‘(1) recommend to the Secretary such changes 
as may be necessary to correct any erroneous posi-
tion on the lineal list that was caused by administra-
tive error; and 
‘‘(2) make selections and recommendations to 
the Secretary and the President for the appoint-
ment, promotion, involuntary separation, continu-
ation, and involuntary retirement of officers in the 
commissioned officer corps of the Administration as 
prescribed in this title. 
‘‘(d) ACTION ON RECOMMENDATIONS NOT ACCEPT-
ABLE.—If any recommendation by a board convened 
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under subsection (a) is not accepted by the Secretary or 
the President, the board shall make such further rec-
ommendations as the Secretary or the President considers 
appropriate.’’. 
SEC. 303. ASSISTANT ADMINISTRATOR OF THE OFFICE OF 
MARINE AND AVIATION OPERATIONS. 
Section 228 (33 U.S.C. 3028) is amended— 
(1) in subsection (c)— 
(A) the fourth sentence, by striking ‘‘Di-
rector’’ and inserting ‘‘Assistant Adminis-
trator’’; and 
(B) in the heading, by inserting ‘‘ASSIST-
ANT ADMINISTRATOR
OF
THE’’ before ‘‘OF-
FICE’’; 
(2) in paragraph (2) of subsection (d), by in-
serting ‘‘or immediately beginning a period of ter-
minal leave’’ before ‘‘, revert to’’; 
(3) by amending subsection (e) to read as fol-
lows: 
‘‘(e) NUMBER OF OFFICERS APPOINTED.—The total 
number of officers serving on active duty at any one time 
in the grade of rear admiral (lower half) or above may 
not exceed five, with only one serving in the grade of vice 
admiral.’’; and 
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(4) in subsection (f), by inserting ‘‘or in a pe-
riod of terminal leave’’ before ‘‘, shall have the pay’’. 
SEC. 304. TEMPORARY APPOINTMENTS. 
(a) IN GENERAL.—Section 229 (33 U.S.C. 3029) is 
amended to read as follows: 
‘‘SEC. 229. TEMPORARY APPOINTMENTS. 
‘‘(a) APPOINTMENTS
BY PRESIDENT.—Temporary 
appointments in the grade of ensign, lieutenant junior 
grade, or lieutenant may be made by the President. 
‘‘(b) TERMINATION.—A temporary appointment to a 
position under subsection (a) shall terminate upon ap-
proval of a permanent appointment for such position made 
by the President. 
‘‘(c) ORDER
OF PRECEDENCE.—Appointees under 
subsection (a) shall take precedence in the grade to which 
appointed in accordance with the dates of their appoint-
ments as officers in such grade. The order of precedence 
of appointees who are appointed on the same date shall 
be determined by the Secretary. 
‘‘(d) ANY ONE GRADE.—When determined by the 
Secretary to be in the best interest of the commissioned 
officer corps, officers in any permanent grade may be tem-
porarily promoted one grade by the President. Any such 
temporary promotion terminates upon the transfer of the 
officer to a new assignment.’’. 
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(b) CLERICAL AMENDMENT.—The table of contents 
in section 1 of the Hydrographic Services Improvement 
Act Amendments of 2002 (Public Law 107–372), as 
amended by this Act, is further amended by striking the 
item relating to section 229 and inserting the following: 
‘‘Sec. 229. Temporary appointments.’’. 
SEC. 305. OFFICER CANDIDATES. 
(a) IN GENERAL.—Subtitle B (33 U.S.C. 3021 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 234. OFFICER CANDIDATES. 
‘‘(a) DETERMINATION OF NUMBER.—The Secretary 
shall determine the number of appointments of officer can-
didates. 
‘‘(b) APPOINTMENT.—Appointment of officer can-
didates shall be made under regulations which the Sec-
retary shall prescribe, including regulations with respect 
to determining age limits, methods of selection of officer 
candidates, term of service as an officer candidate before 
graduation from the program, and all other matters af-
fecting such appointment. 
‘‘(c) DISMISSAL.—The Secretary may dismiss from 
the basic officer training program of the Administration 
any officer candidate who, during the officer candidate’s 
term as an officer candidate, the Secretary considers un-
satisfactory in either academics or conduct, or not adapted 
for a career in the commissioned officer corps of the Ad-
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ministration. Officer candidates shall be subject to rules 
governing discipline prescribed by the Director of the Na-
tional Oceanic and Atmospheric Administration Commis-
sioned Officer Corps. 
‘‘(d) AGREEMENT.— 
‘‘(1) IN
GENERAL.—Each officer candidate 
shall sign an agreement with the Secretary in ac-
cordance with section 216(a)(2) regarding the officer 
candidate’s term of service in the commissioned offi-
cer corps of the Administration. 
‘‘(2) ELEMENTS.—An agreement signed by an 
officer candidate under paragraph (1) shall provide 
that the officer candidate agrees to the following: 
‘‘(A) That the officer candidate will com-
plete the course of instruction at the basic offi-
cer training program of the Administration. 
‘‘(B) That upon graduation from the such 
program, the officer candidate— 
‘‘(i) will accept an appointment, if 
tendered, as an officer; and 
‘‘(ii) will serve on active duty for at 
least 4 years immediately after such ap-
pointment. 
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‘‘(e) REGULATIONS.—The Secretary shall prescribe 
regulations to carry out this section. Such regulations 
shall include— 
‘‘(1) standards for determining what constitutes 
a breach of an agreement signed under such sub-
section (d)(1); and 
‘‘(2) procedures for determining whether such a 
breach has occurred. 
‘‘(f) REPAYMENT.—An officer candidate or former 
officer candidate who does not fulfill the terms of the obli-
gation to serve as specified under section (d) shall be sub-
ject to the repayment provisions of section 216(b).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1 of the Hydrographic Services Improvement 
Act Amendments of 2002 (Public Law 107–372), as 
amended by this Act, is further amended by inserting after 
the item relating to section 233 the following: 
‘‘Sec. 234. Officer candidates.’’. 
(c) OFFICER CANDIDATE DEFINED.—Section 212(b) 
(33 U.S.C. 3002(b)) is amended by inserting after para-
graph (6) the following: 
‘‘(7) OFFICER CANDIDATE.—The term ‘officer 
candidate’ means an individual who is enrolled in the 
basic officer training program of the Administration 
and is under consideration for appointment as an of-
ficer under section 221(a)(2)(A).’’. 
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