[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2388 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 2388
To reauthorize and amend the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2012
Mr. Begich (for himself, Mr. Inouye, Ms. Snowe, Ms. Murkowski, and Mr.
Whitehouse) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To reauthorize and amend the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002, and for other
purposes.
Be it enacted by the Senate and House of Representatives 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 Commissioned Officer Corps Amendments
Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Strength and distribution in grade.
Sec. 3. Exclusion of officers recalled from retired status and
positions of importance and responsibility
from number of authorized commissioned
officers.
Sec. 4. Obligated service requirement.
Sec. 5. Training and physical fitness.
Sec. 6. Appointments.
Sec. 7. Personnel boards.
Sec. 8. Temporary appointments.
Sec. 9. Officer candidates.
Sec. 10. Involuntary retirement or separation.
Sec. 11. Separation pay.
Sec. 12. Applicability of certain provisions of title 10, United States
Code.
Sec. 13. Education loan repayment program.
Sec. 14. Interest payment program.
Sec. 15. Student pre-commissioning education assistance program.
Sec. 16. Applicability of certain provisions of title 37, United States
Code.
Sec. 17. Application of certain provisions of competitive service law.
Sec. 18. Eligibility of all members of uniformed services for Legion of
Merit award.
Sec. 19. Application of Employment and Reemployment Rights of Members
of the Uniformed Services to members of
commissioned officer corps.
Sec. 20. Protected communications for members of uniformed services and
prohibition of retaliatory personnel
actions.
Sec. 21. Criminal penalties for wearing uniform without authority.
Sec. 22. Report on status of officers in commissioned officer corps of
National Oceanic and Atmospheric
Administration and Public Health Service
during Government shutdowns.
Sec. 23. Technical correction.
SEC. 2. STRENGTH AND DISTRIBUTION IN GRADE.
Section 214 of the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002 (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 commissioned officer
corps of the Administration are the following, 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).
``(9) Ensign.
``(b) Proportion.--
``(1) In general.--The officers on the lineal list shall be
distributed in grade in the following percentages:
``(A) 8 in the grade of captain.
``(B) 14 in the grade of commander.
``(C) 19 in the grade of lieutenant commander.
``(2) Grades below lieutenant commander.--The Secretary
shall prescribe, with respect to the distribution on the lineal
list in grade, the percentages applicable to the grades of
lieutenant, 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 computation to determine the number
of officers on the lineal list authorized to be serving in each
grade.
``(2) Method of computation.--The number in each grade
shall be computed 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 if the average number on that list during that
fiscal year does not exceed the authorized number.
``(e) Positions of Importance and Responsibility.--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 officer 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
authorized number of officers in the various grades.''.
SEC. 3. EXCLUSION OF OFFICERS RECALLED FROM RETIRED STATUS AND
POSITIONS OF IMPORTANCE AND RESPONSIBILITY FROM NUMBER OF
AUTHORIZED COMMISSIONED OFFICERS.
Section 215 of the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002 (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 subsection:
``(b) Positions of Importance and Responsibility.--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. 4. OBLIGATED SERVICE REQUIREMENT.
(a) In General.--Subtitle A of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (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 prescribe the
obligated service requirements for appointments, training,
promotions, separations, continuations, and retirement of
officers not otherwise covered 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 Requirements.--
``(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 officer by the Secretary as the unserved
portion of active 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 purposes as a debt owed to the United
States.
``(3) Discharge in bankruptcy.--A discharge 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 officer who--
``(1) 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 officer; or
``(2) is--
``(A) not physically qualified for appointment; and
``(B) 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 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 inserting after the item relating to section 215 the following:
``Sec. 216. Obligated service requirement.''.
SEC. 5. TRAINING AND PHYSICAL FITNESS.
(a) In General.--Subtitle A of title II of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps Act of 2002 (33
U.S.C. 3001 et seq.), as amended by section 5, is further amended by
adding at the end the following:
``SEC. 217. TRAINING AND PHYSICAL FITNESS.
``(a) Training.--The Secretary may take such measures as may be
necessary to ensure that officers are prepared 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 correspondence
courses, including establishing and operating a basic officer
training program to provide initial indoctrination and maritime
vocational training for officer candidates as well as refresher
training, 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 necessary for
training and instructional purposes.
``(b) Physical Fitness.--The Secretary shall ensure that officers
maintain a high physical state of readiness in preparation for
functioning as a service in the Navy during times of war, including by
establishing standards of physical fitness for officers that are
substantially equivalent to those prescribed for officers in the
Navy.''.
(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 5(b), is further amended by inserting after the item
relating to section 216, as added by such section 5(b), the following:
``Sec. 217. Training and physical fitness.''.
SEC. 6. APPOINTMENTS.
(a) Original Appointments.--
(1) In general.--Section 221 of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps Act of
2002 (33 U.S.C. 3021) is amended to read as follows:
``SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINTMENTS.
``(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 candidates.--
``(i) Limitation on grade.--An original
appointment of an officer candidate, upon
graduation from the basic officer training
program of the commissioned officer corps of
the Administration, may not be made in any
other grade than ensign.
``(ii) Rank.--Officer candidates receiving
appointments as ensigns upon graduation from
basic officer training program 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 following:
``(A) Graduates of the basic officer training
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) 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 Academy, 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.--
``(1) In general.--Except as provided in paragraph (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, by and with the advice and consent of the
Senate.
``(c) Qualifications.--An appointment under subsection (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 established under such regulations as the Secretary shall
prescribe.
``(d) Precedence of Appointees.--Appointees under this section
shall take precedence in the grade to which appointed in accordance
with the dates of their commissions as commissioned officers in such
grade. Appointees whose dates of commission are the same shall take
precedence with each other as the Secretary shall determine.''.
(2) 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 221 and inserting the following:
``Sec. 221. Original appointments and reappointments.''.
(b) Appointments to Permanent Grades.--Section 226 of such Act (33
U.S.C. 3026) is amended by striking ``Appointments'' and all that
follows and inserting the following:
``(a) Higher Grades.--Original appointments under section 221 in
and promotions to the grades of lieutenant commander and above shall be
made by the President, by and with the advice and consent of the
Senate.
``(b) Lower Grades.--Original appointments under section 221 in and
promotions to the grades of ensign through lieutenant shall be made by
the President alone.''.
SEC. 7. PERSONNEL BOARDS.
Section 222 of the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002 (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 determines 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 retired list may
be recalled to serve on such personnel boards as the Secretary
considers necessary.
``(3) No membership on 2 successive boards.--No officer may
be a member of 2 successive 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 position on the lineal list
that was caused by administrative error; and
``(2) make selections and recommendations to the Secretary
and the President for the appointment, promotion, involuntary
separation, continuation, and involuntary retirement of
officers in the commissioned officer corps of the
Administration as prescribed in this title.
``(d) Action on Recommendations Not Acceptable.--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
recommendations as the Secretary or the President consider
appropriate.''.
SEC. 8. TEMPORARY APPOINTMENTS.
Section 229 of the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002 (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 alone.
``(b) Termination.--A temporary appointment to a position under
subsection (a) shall terminate upon approval of a permanent appointment
for such position made by the President alone.
``(c) Order of Precedence.--Appointees under subsection (a) shall
take precedence in the grade to which appointed in accordance with the
dates of their appointments 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 temporarily promoted one grade by the President
alone. Any such temporary promotion terminates upon the transfer of the
officer to a new assignment.''.
SEC. 9. OFFICER CANDIDATES.
(a) In General.--Subtitle B of title II of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps Act of 2002 (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 candidates.
``(b) Appointment.--Appointment of officer candidates shall be made
under regulations which the Secretary 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
affecting 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 unsatisfactory in either academics or conduct, or
not adapted for a career in the commissioned officer corps of the
Administration. Officer candidates shall be subject to rules governing
discipline prescribed by the Director of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps.
``(d) Agreement.--
``(1) In general.--Each officer candidate shall sign an
agreement with the Secretary in accordance with section
216(a)(2) regarding the officer candidate's term of service in
the commissioned officer 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 complete the
course of instruction at the basic officer 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
appointment.
``(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 subsection (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 obligation to serve as specified
under section (d) shall be subject 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 inserting after the item relating to section 233 the following:
``Sec. 234. Officer candidates.''.
(c) Officer Candidate Defined.--Section 212 of such Act (33 U.S.C.
3002) is amended--
(1) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively; and
(2) by inserting after paragraph (4) the following:
``(5) 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 officer 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 officer
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 two 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
considered creditable for active duty or pay.''.
SEC. 10. INVOLUNTARY RETIREMENT OR SEPARATION.
Section 241 of the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002 (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 officer requires
hospitalization or medical observation that cannot be completed
with confidence in a manner consistent with the officer's well
being before the date on which the officer would otherwise be
required 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 consent 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 evaluation requiring hospitalization or
medical observation.''.
SEC. 11. SEPARATION PAY.
Section 242 of the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002 (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
``(2) requests removal from the list of selectees.''.
SEC. 12. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, UNITED STATES
CODE.
Section 261(a) of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (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 following:
``(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 redesignated, 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 redesignated, the
following:
``(18) Subchapter I of chapter 88, relating to Military
Family Programs.
``(19) Section 2005, relating to advanced education
assistance, active duty agreements, and reimbursement
requirements.''.
SEC. 13. EDUCATION LOAN REPAYMENT PROGRAM.
(a) In General.--Subtitle E of title II of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps Act of 2002 (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 officers of the commissioned officer
corps of the Administration on active duty who have 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 education; 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);
``(2) be fully qualified for, or hold, an appointment 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 Requirements.--One of the following
academic requirements must be satisfied for purposes of determining the
eligibility of an individual for a loan repayment under this section:
``(1) The person is fully qualified in a profession that
the Secretary has determined to be necessary to meet identified
skill shortages in the commissioned officer corps.
``(2) The person is enrolled as a full-time student in the
final year of a course of study at an accredited 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 established under
paragraph (2), a loan repayment under this section may consist
of the payment of the principal, interest, and related expenses
of a loan obtained 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 specified 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 regulations
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 entering into
agreement.--The active duty service obligation of persons on
active duty before entering into the agreement shall be served
after the conclusion of any other obligation incurred under the
agreement.
``(f) Effect of Failure To Complete Obligation.--
``(1) Alternative obligations.--An officer who is relieved
of the officer's active duty obligation under this section
before the completion of that obligation 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 authorized payees;
and
``(2) other terms and conditions for the making of loan
repayments.''.
(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 inserting after the item relating to section 266 the following:
``Sec. 267. Education loan repayment program.''.
SEC. 14. INTEREST PAYMENT PROGRAM.
(a) In General.--Subtitle E of title II of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps Act of 2002 (33
U.S.C. 3071 et seq.), as amended by section 13, is further amended by
adding at the end the following:
``SEC. 268. INTEREST PAYMENT PROGRAM.
``(a) Authority.--The Secretary may pay the interest 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 payments 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 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 Administration for payments under
this section.
``(f) Coordination With Secretary of Education.--
``(1) In general.--The Secretary shall consult with the
Secretary of Education regarding the administration 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 accordance 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 Education for
any reasonable administrative costs incurred by the
Secretary in coordinating the program under this
section with the administration of the student loan
programs under parts B, D, and E of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1071 et seq.,
1087a et seq., 1087aa et seq.).
``(g) Special Allowance Defined.--In this section, the term
`special allowance' means a special allowance that is payable under
section 438 of the Higher Education Act of 1965 (20 U.S.C. 1087-1).''.
(b) Conforming Amendments.--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)) are each amended--
(1) by striking the subsection heading and inserting
``Armed Forces and NOAA Commissioned Officer Corps Student Loan
Interest Payment Programs''; and
(2) in paragraph (1)--
(A) by inserting ``or section 264 of the National
Oceanic and Atmospheric Administration Commissioned
Officer Corps Act of 2002'' after ``Code,''; and
(B) 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 other purposes'' (Public Law 107-372), as amended
by section 13(b), is further amended by inserting after the item
relating to section 267, as added by such section 13(b), the following:
``Sec. 268. Interest payment program.''.
SEC. 15. STUDENT PRE-COMMISSIONING EDUCATION ASSISTANCE PROGRAM.
(a) In General.--Subtitle E of title II of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps Act of 2002 (33
U.S.C. 3071 et seq.), as amended by sections 13 and 14, is further
amended by adding at the end the following:
``SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION ASSISTANCE PROGRAM.
``(a) Authority To Provide Financial Assistance.--For the purpose
of maintaining adequate numbers of officers of the commissioned officer
corps of the Administration on active duty, the Secretary may provide
financial 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.--
``(1) In general.--A person is eligible to obtain 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 acceptance
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 referred to in
paragraph (1)(C) is an agreement between the person and the
Secretary in which the person agrees--
``(A) to accept an appointment as an officer, if
tendered; and
``(B) upon completion of the person's educational
program, agrees to serve on active duty, immediately
after appointment, for--
``(i) up to 3 years if the person received
less than 3 years of assistance; and
``(ii) up to 5 years if the person received
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 educational
institution involved.
``(2) The cost of books.
``(3) In the case of a program of education leading to a
baccalaureate degree, laboratory expenses.
``(4) Such other expenses as the Secretary considers
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
person agrees to serve in an agreement described in subsection (b)(2).
``(e) Duration of Assistance.--Financial assistance 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 financial
assistance under subsection (a) shall be entitled to a monthly
subsistence allowance at a rate prescribed under paragraph (2)
for the duration of the period for which the person receives
such financial assistance.
``(2) Determination of amount.--The Secretary 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 receives 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 financial assistance
under subsection (a) and acceptance 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 terminate 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 require a person
who receives assistance described in subsection (c), (f), or
(g) under an agreement entered 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 person--
``(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
appointment; 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 discharge in bankruptcy
under title 11, United States Code, that is entered less than 5
years after the termination 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 appropriate 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 14(c), is further amended by inserting after the item
relating to section 268, as added by such section 14(c), the following:
``Sec. 269. Student pre-commissioning education assistance program.''.
SEC. 16. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, UNITED STATES
CODE.
(a) In General.--Subtitle E of title II of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps Act of 2002 (33
U.S.C. 3071 et seq.), as amended by sections 13 through 15, is further
amended by adding at the end the following:
``SEC. 270. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, UNITED
STATES CODE.
``(a) Provisions Made Applicable to Commissioned Officer Corps.--
The provisions of law applicable to the Armed Forces under the
following provisions of title 37, United States Code, shall apply to
the commissioned 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 continuation 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 428, relating to allowances for recruiting
expenses.
``(6) Section 435, relating to allowances for funeral
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
officer corps of the Administration when the commissioned officer corps
is not operating as a service in the Navy, by the Secretary of Commerce
or the Secretary's designee.''.
(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 15(b), is further amended by inserting after the item
relating to section 269, as added by such section 15(b), the following:
``Sec. 270. Applicability of certain provisions of title 37, United
States Code.''.
SEC. 17. APPLICATION OF CERTAIN PROVISIONS OF COMPETITIVE SERVICE LAW.
Section 3304(f) of title 5, United States Code, is amended--
(1) in paragraph (1), by inserting ``and members of the
commissioned officer corps of the National Oceanic and
Atmospheric Administration (or its predecessor organization the
Coast and Geodetic Survey) separated from such uniformed
service'' after ``separated from the armed forces'';
(2) in paragraph (2), by striking ``or veteran'' and
inserting ``, veteran, or member''; and
(3) in paragraph (4), by inserting ``and members of the
commissioned officer corps of the National Oceanic and
Atmospheric Administration (or its predecessor organization the
Coast and Geodetic Survey) separated from such uniformed
service'' after ``separated from the armed forces''.
SEC. 18. ELIGIBILITY OF ALL MEMBERS OF UNIFORMED SERVICES FOR LEGION OF
MERIT AWARD.
Section 1121 of title 10, United States Code, is amended by
striking ``armed forces'' and inserting ``uniformed services''.
SEC. 19. APPLICATION OF EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS
OF THE UNIFORMED SERVICES TO MEMBERS OF COMMISSIONED
OFFICER CORPS.
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. 20. PROTECTED COMMUNICATIONS FOR MEMBERS OF UNIFORMED SERVICES AND
PROHIBITION OF RETALIATORY PERSONNEL ACTIONS.
(a) In General.--Section 1034 of title 10, United States Code, is
amended--
(1) in subsections (a) through (e), by striking ``the armed
forces'' each places it appears and inserting ``the uniformed
services'';
(2) in subsection (c)(5)--
(A) by striking ``Department of Defense, or'' and
inserting ``Department of Defense (in the case of a
member of the armed forces),''; and
(B) by inserting ``the Inspector General of the
Department of Commerce (in the case of a member of the
Commissioned Office Corps of the National Oceanic and
Atmospheric Administration), or the Inspector General
of the Department of Health and Human Services (in the
case of a member of the commissioned corps of the
Public Health Service)'' after ``Navy),'';
(3) in subsection (e), in paragraphs (1) and (3), by
striking ``to the Secretary of Defense (or to the Secretary of
Homeland Security in the case of a member of the Coast Guard
when the Coast Guard is not operating as a service in the
Navy)'' both places it appears and inserting ``to the Secretary
of Defense (in the case of a member of the armed forces), to
the Secretary of Homeland Security (in the case of a member of
the Coast Guard when the Coast Guard is not operating as a
service in the Navy), to the Secretary of Commerce (in the case
of a member of the Commissioned Office Corps of the National
Oceanic and Atmospheric Administration), or the Secretary of
Health and Human Services (in the case of a member of the
commissioned corps of the Public Health Service)'';
(4) in subsection (h)--
(A) by striking ``and'' after ``of Defense,''; and
(B) by inserting ``the Secretary of Commerce with
respect to the commissioned officer corps of the
National Oceanic and Atmospheric Administration, and
the Secretary of Health and Human Services with respect
to the commissioned corps of the Public Health
Service'' after ``Navy,''; and
(5) in subsection (i)--
(A) in subparagraph (A), by inserting ``, in the
case of a member of the armed forces'' before the
period at the end; and
(B) by striking subparagraph (C) and inserting the
following:
``(C) The Inspector General of the Department of
Commerce, in the case of a member of the commissioned
officer corps of the National Oceanic and Atmospheric
Administration.
``(D) The Inspector General of the Department of
Health and Human Services, in the case of a member of
the commissioned corps of the Public Health Service.
``(E) Any officer of the uniformed services or
employee of the Department of Defense, the Department
of Commerce, or the Department of Health and Human
Services who is assigned or detailed to serve as an
Inspector General at any level in the Department of
Defense, Department of Commerce, or Department of
Health and Human Services.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to any unfavorable personnel action taken or
threatened, and any withholding of or threat to withhold a favorable
personnel action, on or after the date of the enactment of this Act.
SEC. 21. CRIMINAL PENALTIES FOR WEARING UNIFORM WITHOUT AUTHORITY.
Section 702 of title 18, United States Code, is amended by striking
``Service or any'' and inserting ``Service, the commissioned officer
corps of the National Oceanic and Atmospheric Administration, or any''.
SEC. 22. REPORT ON STATUS OF OFFICERS IN COMMISSIONED OFFICER CORPS OF
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AND
PUBLIC HEALTH SERVICE DURING GOVERNMENT SHUTDOWNS.
Not later than 60 days after the date of the enactment of this Act,
the Attorney General shall submit to Congress a report that details
whether officers of the commissioned officer corps of the National
Oceanic and Atmospheric Administration and the Public Health Service
are treated as performing an essential level of activity to protect
life and property during any period of a lapse in appropriations.
SEC. 23. 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''.
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