I 
113TH CONGRESS 
2D SESSION 
H. R. 5426 
To reauthorize and amend the National Oceanic and Atmospheric Administra-
tion Commissioned Officer Corps Act of 2002, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 9, 2014 
Mr. GRAYSON introduced the following bill; which was referred to the Com-
mittee on Natural Resources, and in addition to the Committees on 
Armed Services, Veterans’ Affairs, the Judiciary, and Oversight and Gov-
ernment Reform, 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 reauthorize and amend the National Oceanic and Atmos-
pheric Administration Commissioned Officer Corps Act 
of 2002, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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 2013’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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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. Exclusion of officers recalled from retired status and positions of im-
portance and responsibility from number of authorized commis-
sioned officers. 
Sec. 103. Obligated service requirement. 
Sec. 104. Training and physical fitness. 
TITLE II—APPOINTMENTS AND PROMOTION OF OFFICERS 
Sec. 201. Appointments. 
Sec. 202. Personnel boards. 
Sec. 203. Delegation of authority for appointments and promotions to perma-
nent grades. 
Sec. 204. Temporary appointments. 
Sec. 205. Officer candidates. 
Sec. 206. Procurement of personnel. 
TITLE III—SEPARATION AND RETIREMENT OF OFFICERS 
Sec. 301. Involuntary retirement or separation. 
Sec. 302. Separation pay. 
TITLE IV—RIGHTS AND BENEFITS 
Sec. 401. Education loan repayment program. 
Sec. 402. Interest payment program. 
Sec. 403. Student pre-commissioning education assistance program. 
Sec. 404. Limitation on educational assistance. 
Sec. 405. Applicability of certain provisions of title 10, United States Code. 
Sec. 406. Applicability of certain provisions of title 37, United States Code. 
Sec. 407. Application of certain provisions of competitive service law. 
Sec. 408. Eligibility of all members of uniformed services for Legion of Merit 
award. 
Sec. 409. Application of Employment and Reemployment Rights of Members of 
the Uniformed Services to members of commissioned officer 
corps. 
Sec. 410. Protected communications for commissioned officer corps and prohi-
bition of retaliatory personnel actions. 
Sec. 411. Criminal penalties for wearing uniform without authority. 
Sec. 412. Treatment of commission in commissioned officer corps as employ-
ment in National Oceanic and Atmospheric Administration for 
purposes of certain hiring decisions. 
TITLE V—OTHER MATTERS 
Sec. 501. Technical correction. 
Sec. 502. Report. 
Sec. 503. Effective date. 
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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, whenever 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) PROPORTION.— 
‘‘(1) IN GENERAL.—The officers on the lineal 
list shall be distributed in grade in the following per-
centages: 
‘‘(A) 8 in the grade of captain. 
‘‘(B) 14 in the grade of commander. 
‘‘(C) 19 in the grade of lieutenant com-
mander. 
‘‘(2) 
GRADES
BELOW
LIEUTENANT
COM-
MANDER.—The Secretary shall prescribe, with re-
spect to the distribution on the lineal list in grade, 
the percentages applicable to the grades of lieuten-
ant, lieutenant (junior grade), and ensign. 
‘‘(c) ANNUAL
COMPUTATION
OF
NUMBER
IN 
GRADE.— 
‘‘(1) IN GENERAL.—Not less frequently than 
once each year, the Secretary shall make a computa-
tion to determine the number of officers on the lin-
eal list authorized to be serving in each grade. 
‘‘(2) METHOD OF COMPUTATION.—The number 
in each grade shall be computed by applying the ap-
plicable percentage to the total number of such offi-
cers serving on active duty on the date the computa-
tion is made. 
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‘‘(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 
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.’’. 
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SEC. 102. EXCLUSION OF OFFICERS RECALLED FROM RE-
TIRED STATUS AND POSITIONS OF IMPOR-
TANCE AND RESPONSIBILITY FROM NUMBER 
OF AUTHORIZED COMMISSIONED OFFICERS. 
Section 215 (33 U.S.C. 3005) is amended— 
(1) in the matter before paragraph (1), by 
striking ‘‘Effective’’ and inserting the following: 
‘‘(a) IN GENERAL.—Effective’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) POSITIONS
OF IMPORTANCE
AND RESPONSI-
BILITY.—Officers serving in positions designated under 
section 228 and officers recalled from retired status— 
‘‘(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) RULEMAKING.—The Secretary shall pre-
scribe the obligated service requirements for appoint-
ments, training, promotions, separations, continu-
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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.— 
‘‘(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 
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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 that officer; or 
‘‘(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 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) is amended by in-
serting after the item relating to section 215 the following: 
‘‘Sec. 216. Obligated service requirement.’’. 
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SEC. 104. TRAINING AND PHYSICAL FITNESS. 
(a) IN GENERAL.—Subtitle A (33 U.S.C. 3001 et 
seq.), as amended by section 103(a), 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: 
‘‘(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 books 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-
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cers that are substantially equivalent to those prescribed 
for officers in the Coast Guard.’’. 
(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 103(b), is further amended by inserting after the 
item relating to section 216 the following: 
‘‘Sec. 217. Training and physical fitness.’’. 
TITLE II—APPOINTMENTS AND 
PROMOTION OF OFFICERS 
SEC. 201. APPOINTMENTS. 
(a) ORIGINAL APPOINTMENTS.— 
(1) IN
GENERAL.—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 
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‘‘(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-
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 
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meet the academic standards for enrollment in 
the training program described in subparagraph 
(A). 
‘‘(C) Licensed officers of the United States 
merchant marine who have served 2 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) MILITARY
SERVICE
ACADEMIES
OF
THE 
UNITED STATES DEFINED.—In this subsection, the 
term ‘military service academies of the United 
States’ means the following: 
‘‘(A) The United States Military Academy, 
West Point, New York. 
‘‘(B) The United States Naval Academy, 
Annapolis, Maryland. 
‘‘(C) The United States Air Force Acad-
emy, Colorado Springs, Colorado. 
‘‘(D) The United States Coast Guard 
Academy, New London, Connecticut. 
‘‘(E) The United States Merchant Marine 
Academy, Kings Point, New York. 
‘‘(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.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions in section 1 of the Act entitled ‘‘An Act to au-
thorize the Hydrographic Service Improvement Act 
of 1998, and for other purposes’’ (Public Law 107– 
372) is amended by striking the item relating to sec-
tion 221 and inserting the following: 
‘‘Sec. 221. Original appointments and reappointments.’’. 
SEC. 202. 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-
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mines necessary, the Secretary shall convene a personnel 
board. 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—A board convened under 
subsection (a) shall consist of 5 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. 
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‘‘(d) ACTION ON RECOMMENDATIONS NOT ACCEPT-
ABLE.—If any recommendation by a board convened 
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 consider 
appropriate.’’. 
SEC. 203. DELEGATION OF AUTHORITY FOR APPOINT-
MENTS AND PROMOTIONS TO PERMANENT 
GRADES. 
Section 226 (33 U.S.C. 3026) is amended— 
(1) by striking ‘‘Appointments’’ and inserting 
the following: 
‘‘(a) IN GENERAL.—Appointments’’; and 
(2) by adding at the end the following: 
‘‘(b) DELEGATION OF APPOINTMENT AUTHORITY.— 
If the President delegates authority to the Secretary to 
make appointments under this section, the President shall, 
during a period in which the position of the Secretary is 
vacant, delegate such authority to the Deputy Secretary 
of Commerce or the Under Secretary for Oceans and At-
mosphere during such period.’’. 
SEC. 204. TEMPORARY APPOINTMENTS. 
(a) IN GENERAL.—Section 229 (33 U.S.C. 3029) is 
amended to read as follows: 
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‘‘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. 
‘‘(e) DELEGATION OF APPOINTMENT AUTHORITY.— 
If the President delegates authority to the Secretary to 
make appointments under this section, the President shall, 
during a period in which the position of the Secretary is 
vacant, delegate such authority to the Deputy Secretary 
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of Commerce or the Under Secretary for Oceans and At-
mosphere during such period.’’. 
(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) is amended by 
striking the item relating to section 229 and inserting the 
following: 
‘‘Sec. 229. Temporary appointments.’’. 
SEC. 205. 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 
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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-
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 
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‘‘(ii) will serve on active duty for at 
least 4 years immediately after such ap-
pointment. 
‘‘(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 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) is amended by in-
serting 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— 
(1) by redesignating paragraphs (4) through 
(6) as paragraphs (5) through (7), respectively; and 
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(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) 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).’’. 
(d) PAY FOR OFFICER CANDIDATES.—Section 203 of 
title 37, United States Code, is amended by adding at the 
end the following: 
‘‘(f)(1) An officer candidate enrolled in the basic offi-
cer training program of the commissioned officer corps of 
the National Oceanic and Atmospheric Administration is 
entitled, while participating in such program, to monthly 
officer candidate pay at monthly rate equal to the basic 
pay of an enlisted member in the pay grade E–5 with less 
than 2 years service. 
‘‘(2) An individual who graduates from such program 
shall receive credit for the time spent participating in such 
program as if such time were time served while on active 
duty as a commissioned officer. If the individual does not 
graduate from such program, such time shall not be con-
sidered creditable for active duty or pay.’’. 
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SEC. 206. PROCUREMENT OF PERSONNEL. 
(a) IN GENERAL.—Subtitle B (33 U.S.C. 3021 et 
seq.), as amended by section 205(a), is further amended 
by adding at the end the following: 
‘‘SEC. 235. PROCUREMENT OF PERSONNEL. 
‘‘The Secretary may make such expenditures as the 
Secretary considers necessary in order to obtain recruits 
for the commissioned officer corps of the Administration, 
including advertising.’’. 
(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 205(b), is further amended by inserting after the 
item relating to section 234 the following: 
‘‘235. Procurement of personnel.’’. 
TITLE III—SEPARATION AND 
RETIREMENT OF OFFICERS 
SEC. 301. INVOLUNTARY RETIREMENT OR SEPARATION. 
Section 241 (33 U.S.C. 3041) is amended by adding 
at the end the following: 
‘‘(d) DEFERMENT OF RETIREMENT OR SEPARATION 
FOR MEDICAL REASONS.— 
‘‘(1) IN GENERAL.—If the Secretary determines 
that the evaluation of the medical condition of an of-
ficer requires hospitalization or medical observation 
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that cannot be completed with confidence in a man-
ner consistent with the officer’s well being before the 
date on which the officer would otherwise be re-
quired to retire or be separated under this section, 
the Secretary may defer the retirement or separation 
of the officer. 
‘‘(2) CONSENT REQUIRED.—A deferment may 
only be made with the written consent of the officer 
involved. If the officer does not provide written con-
sent to the deferment, the officer shall be retired or 
separated as scheduled. 
‘‘(3) LIMITATION.—A deferral of retirement or 
separation under this subsection may not extend for 
more than 30 days after completion of the evalua-
tion requiring hospitalization or medical observa-
tion.’’. 
SEC. 302. SEPARATION PAY. 
Section 242 (33 U.S.C. 3042) is amended by adding 
at the end the following: 
‘‘(d) EXCEPTION.—An officer discharged for twice 
failing selection for promotion to the next higher grade 
is not entitled to separation pay under this section if the 
officer— 
‘‘(1) expresses a desire not to be selected for 
promotion; or 
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‘‘(2) requests removal from the list of select-
ees.’’. 
TITLE IV—RIGHTS AND 
BENEFITS 
SEC. 401. EDUCATION LOAN REPAYMENT PROGRAM. 
(a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM. 
‘‘(a) AUTHORITY TO REPAY EDUCATION LOANS.— 
For the purpose of maintaining adequate numbers of offi-
cers of the commissioned officer corps of the Administra-
tion on active duty who have skills required by the com-
missioned 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 1 of the requirements specified in 
subsection (c); 
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‘‘(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-
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 
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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.— 
‘‘(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. 
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‘‘(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 
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) RULEMAKING.—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.’’. 
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(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) is amended by in-
serting after the item relating to section 266 the following: 
‘‘Sec. 267. Education loan repayment program.’’. 
SEC. 402. INTEREST PAYMENT PROGRAM. 
(a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 et 
seq.), as amended by section 401(a), is further amended 
by adding at the end the following: 
‘‘SEC. 268. INTEREST PAYMENT PROGRAM. 
‘‘(a) AUTHORITY.—The Secretary may pay the inter-
est and any special allowances that accrue on 1 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 1 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: 
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‘‘(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 
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-
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‘‘(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. 
‘‘(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— 
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