[Senate Report 113-133]
[From the U.S. Government Publishing Office]
113th Congress } { Report
2d Session } SENATE { 113-133
_______________________________________________________________________
Calendar No. 292
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER
CORPS AMENDMENTS ACT OF 2013
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1068
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January 8, 2014.--Ordered to be printed
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred thirteenth congress
second session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
BARBARA BOXER, California JOHN THUNE, South Dakota
BILL NELSON, Florida ROGER F. WICKER, Mississippi
MARIA CANTWELL, Washington ROY BLUNT, Missouri
MARK PRYOR, Arkansas MARCO RUBIO, Florida
CLAIRE McCASKILL, Missouri KELLY AYOTTE, New Hampshire
AMY KLOBUCHAR, Minnesota DEAN HELLER, Nevada
MARK WARNER, Virginia DANIEL COATS, Indiana
MARK BEGICH, Alaska TIM SCOTT, South Carolina
RICHARD BLUMENTHAL, Connecticut TED CRUZ, Texas
BRIAN SCHATZ, Hawaii DEB FISCHER, Nebraska
ED MARKEY, New Mexico RON JOHNSON, Wisconsin
CORY BOOKER, Massachusetts
Ellen Doneski, Staff Director
John Williams, General Counsel
David Schwietert, Republican Staff Director
Nick Rossi, Republican Deputy Staff Director
Rebecca Seidel, Republican General Counsel
Calendar No. 292
113th Congress } { Report
2d Session } SENATE { 113-133
=======================================================================
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER
CORPS AMENDMENTS ACT OF 2013
_______
January 8, 2014.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1068]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1068) to reauthorize and amend
the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002, and for other purposes,
having considered the same, reports favorably thereon with an
amendment (in the nature of a substitute) and recommends that
the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 1068 is to reauthorize and amend the
National Oceanic and Atmospheric Administration Commissioned
Officer Corps Act of 2002 (Act of 2002) and make a number of
improvements, clarifications, and refinements to the statutory
authorities of the National Oceanic and Atmospheric
Administration (NOAA).
Background and Needs
The National Oceanic and Atmospheric Administration
Commissioned Officer Corps (NOAA Corps) is one of the seven
uniformed services of the United States. Five of these
uniformed services are the armed forces of the Army, Navy, Air
Force, Marines, and Coast Guard, and the remaining two are the
commissioned corps of NOAA and the commission corps of the U.S.
Public Health Service (USPHS). The approximately 320 officers
of the NOAA Corps make up approximately 3 percent of NOAA's
personnel. Officers can be found operating one of NOAA's ships
or aircraft to provide support to meet NOAA's missions, and
additionally facilitate research projects, conduct diving
operations, and serve in staff positions throughout the agency.
Duties and areas of operations can range from launching a
weather balloon at the South Pole, conducting hydrographic or
fishery surveys in Alaska, maintaining buoys in the tropical
Pacific, and flying survey aircraft into hurricanes to provide
accurate weather forecasts. During times of war or national
emergency, NOAA Corps officers can assume positions of
leadership and command in the Armed Forces.
The NOAA Corps traces its roots back to the former Survey
of the Coast, established in 1807 by President Thomas
Jefferson. The NOAA Corps today provides a cadre of
professionals trained in engineering, earth sciences,
oceanography, meteorology, fisheries science, and other related
disciplines. Like other uniformed services, NOAA Corps officers
spend much of their careers away from family and friends,
serving aboard NOAA ships and aircraft which frequently deploy
up to eight or nine months a year.
This bill is intended to update and better align NOAA
Corps' obligations, human resource requirements, and benefits
with those of officers in the other uniformed services. There
is no overall spending increase in the bill, however. The
creation of an ``Officer Candidate'' rank, which includes lower
pay during training, is expected to generate modest savings.
Any spending on new programs authorized by the legislation is
intended to be capped at the amount of savings generated by the
forecasted decrease in allocated ``Officer Candidate'' pay.
Summary of Provisions
S. 1068 would update the NOAA Corps' tools and authorities
needed to successfully carry out its missions, particularly to
develop and sustain robust applicant pools to improve
recruiting of minority candidates. These authorities are needed
to improve diversity in the NOAA Corps and allow for retention
of highly-skilled female NOAA Corps officers. Other uniformed
services and the private sector have many incentive programs
used to entice minority students with a science or engineering
background, making it more difficult for the NOAA Corps to
compete for those candidates. This bill would give the NOAA
Corps the tools and authorities to recruit and to compete for
these candidates, including: a pre-commissioning educational
assistance program for students who agree to serve in the NOAA
Corps; an education loan repayment program for students with
critical technical skills; and an education loan interest
repayment program for officers in the first three years of
active duty. This bill also would authorize a sabbatical
program to allow officers to leave the service (and receive no
pay or benefits) for a few years for personal reasons such as
starting a family.
This bill also tightens the requirements expected of
officers. For instance, the bill would authorize NOAA to bind
NOAA Corps officers by contract or obligation, and require
stricter physical fitness requirements. The bill also would
allow NOAA to defer service termination and retirements if
needed to support the agency's service needs. This bill
streamlines procedures for appointment and promotion of junior
officers and more closely aligns the NOAA Corps with other
uniformed services, thereby improving the Service's ability to
carry out NOAA's missions. Finally, this bill would create a
new ``Officer Candidate'' rank for officers entering duty for a
period of initial training, require officers to meet U. S.
Coast Guard physical fitness standards, and add the authority
to require a period of obligated service after initial
training.
Legislative History
Senator Begich introduced S. 1068 on May 23, 2013, with
Senators Schatz and Wicker joining as original cosponsors of
the bill. Senators Blumenthal, Cantwell, Cochran, Merkley,
Mikulski, and Nelson are also non-original cosponsors of the
legislation. A similar bill, The NOAA Corps Amendments Act of
2012, passed the Senate by unanimous consent in the 112th
Congress (S. 2388).
On July 30, 2013, the Committee met in open executive
session and, by voice vote, ordered S. 1068 reported with one
accepted amendment: Senator Begich offered an amendment to
update three clerical references. The amendment would delete
the words ``and promotions generally'' in the table of
contents, to comport with the new section title proposed by the
bill. Further, the amendment would make changes to reflect
updated renumbering of the title regarding Pay and Allowances
of the Uniformed Services (37 U.S.C. 101 et seq.).
Specifically, the references in section 406 of the bill
relating to recruiting expenses should be to section 488 of
title 37, United States Code, and references relating to
funeral honors duty should be to section 495 of title 37,
United States Code.
The Committee, without objection, ordered S. 1068 be
reported favorably, as amended, by an amendment in the nature
of a substitute.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1068--National Oceanic and Atmospheric Administration Commissioned
Officer Corps Amendments Act of 2013
S. 1068 would modify certain personnel policies for the
commissioned officer corps of the National Oceanic and
Atmospheric Administration (NOAA). Based on information
provided by NOAA, CBO estimates that implementing the
legislation would have no significant impact on the federal
budget. Enacting the legislation could affect offsetting
receipts (a credit against direct spending) from payments made
by individuals who enter the corps but fail to complete their
required service obligations as well as revenues from fines
levied on individuals who wear the uniform of the NOAA
commissioned officer corps without proper authorization.
Therefore, pay-as-you-go procedures apply. However, CBO
estimates that any such effects would be insignificant.
The bill would establish service requirements for
individuals enlisting in the NOAA commissioned officer corps.
Under the bill, any officer who fails to meet those
requirements would be obligated to repay NOAA an amount equal
to the costs incurred to train that officer. Based on
information provided by NOAA regarding the cost of such
training, CBO estimates that the total amount of payments to
NOAA from officers who fail to meet their service obligations
would be minimal.
S. 1068 also would make it illegal for any individual to
wear the uniform of the NOAA commissioned officer corps without
proper authorization. Violators would be subject to criminal
penalties; however, CBO estimates that any amounts collected
would be minimal and would be offset by associated direct
spending.
In addition, the legislation would authorize NOAA to spend
appropriated funds to recruit corps members. In 2013, the
agency did not allocate any appropriated funds for such
activities. On average, the corps admits about 30 new members
each year. Based on information regarding the costs of
recruiting for other uniformed services, CBO estimates that
implementing this provision would cost less than $300,000 a
year, assuming the availability of appropriated funds.
Finally, the bill would authorize NOAA to pay certain
expenses related to higher education for individuals serving in
the commissioned officer corps or individuals who commit to
serving in the corps after completing a college degree. Based
on information provided by the agency about the number of
officers who would receive such assistance, CBO estimates that
implementing this provision would cost less than $200,000 a
year, assuming the availability of appropriated funds.
The bill would impose intergovernmental and private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
The bill would increase the costs of complying with existing
mandates by increasing the number of personnel in the NOAA
commissioned officer corps who are eligible for protections
under the Servicemembers Civil Relief Act (SCRA) and the
Uniformed Services Employment and Reemployment Rights Act
(USERRA). Protections under those acts require public and
private entities to grant active-duty personnel various
allowances relative to business and tax transactions and court
procedures. The bill would impose an additional
intergovernmental mandate by preempting state and local laws
relating to jury exemptions.
Because the increase in the number of active-duty
servicemembers covered by SCRA and USERRA would be so small,
CBO expects that the incremental cost of compliance also would
be small. Therefore, CBO estimates that the aggregate cost of
the mandates would fall below the annual thresholds established
in UMRA for intergovernmental and private-sector mandates ($75
million and $150 million in 2013, respectively, adjusted
annually for inflation).
The CBO staff contacts for this estimate are Jeff LaFave
(for federal costs), J'nell L. Blanco (for the
intergovernmental impact), and Amy Petz (for the impact on the
private sector). The estimate was approved by Theresa Gullo,
Deputy Assistant Director for Budget Analysis.
Regulatory Impact
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
The bill would modify certain personnel policies for the
approximately 320 officers of the NOAA Corps. It would not
increase or decrease the number of individuals regulated.
economic impact
The bill does not include new authorization of funds, and
is not expected to have an adverse impact on the Nation's
economy. It is anticipated that enacting the legislation could
have a modest positive effect through the authorization of fine
collection and receipt of payments.
privacy
The bill would not have any adverse impact on the personal
privacy of individuals.
paperwork
The Committee does not anticipate a major increase in
paperwork burdens resulting from the passage of this
legislation. Section 502 of the Act would require the
development of a report to Congress.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title; table of contents.
This section would provide that the Act be cited as the
``National Oceanic and Atmospheric Administration Commissioned
Officer Corps Amendments Act of 2013''.
TITLE I--GENERAL PROVISIONS
Section 101. Strength and distribution in grade.
This section would formally establish the commissioned
grades of the NOAA Corps that have historically existed. It
also would limit the distribution of officers in senior ranks,
and allow the Secretary of Commerce (Secretary) flexibility to
establish distribution in grades for junior ranks. This
establishes the same distribution in grade as the Navy.
Section 102. Exclusion of officers recalled from retired status and
positions of importance and responsibility from number of
authorized commission officers.
This section would allow NOAA Corps officers temporarily
recalled from retirement and 3 Flag Officers to not be counted
against the NOAA Corps' statutorily authorized operational
strength. The NOAA Corps currently cannot recall officers from
retired status to assist in disaster response, a limitation
that constrained NOAA's response to the Deepwater Horizon oil
blowout and ongoing spill in 2010.
Section 103. Obligated service requirement.
This section would provide legislative authority to bind
NOAA Corps officers by contract or obligation. The NOAA Corps
currently does not have any legislative authority to bind
officers to service by contract or obligation. Theoretically,
an officer could receive training (costs up to $100,000,
depending on type of training) and resign from the NOAA Corps
shortly thereafter. The other uniformed services require an
obligated service for appointment, training, promotion, etc. of
officers to ensure they receive an adequate return on
investment in these categories.
Section 104. Training and physical fitness.
This section would amend subtitle A of title II of the Act
of 2002 (33 U.S.C. 3001 et seq.) and give the Secretary the
authority to conduct officer training 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. This section would require the
Secretary to ensure that officers maintain a high physical
state of readiness in preparation for functioning, to meet the
standards of the Coast Guard. NOAA Corps officers now serve
alongside Coast Guard officers in joint Officer Candidate
School classes, and therefore NOAA Corps officers must meet the
standards of physical fitness for officers that are
substantially equivalent to those prescribed for officers in
the Coast Guard. Officers who do not meet body composition or
physical fitness standards over a certain period can be
administratively separated (i.e., fired).
TITLE II--APPOINTMENTS AND PROMOTION OF OFFICERS
Section 201. Appointments.
This section would amend section 221 of the Act of 2002 (33
U.S.C. 3021) to give the NOAA Corps the authority to bestow an
original appointment of an officer to be appropriate for the
qualification, experience, and length of service of the
appointee to meet current NOAA Corps science education
standards. This section would give the NOAA Corps the same
authority as other uniformed services to commission junior
officers, without seeking advice and consent of the U.S.
Senate. This section would also allow officers to be re-
appointed to the grade they left the NOAA Corps. The current
statute limits original appointments to the grades of ensign,
lieutenant (junior grade), and lieutenant. The NOAA Corps would
like to implement a new retention tool to allow officers to
temporarily separate and pursue personal goals or other
opportunities outside the Service, while providing a mechanism
for their return to active duty. This section would allow that
policy to be implemented, and would be expected to assist the
NOAA Corps in retaining senior female officers.
Section 202. Personnel boards.
This section would amend section 222 of the Act of 2002 (33
U.S.C. 3022) and allow retired, recalled officers as well as
more junior officers to serve on personnel boards. The current
law does not allow retired or active officers below the pay
grade of commander to serve on personnel boards, and makes it
very difficult to form personnel boards, due to the Corps'
inherent small size. This section would allow officers to serve
on personnel boards if they are above the permanent grade of
the officer(s) under consideration by the board and allow
retired officers to be voluntarily recalled to serve on
personnel boards, when necessary.
Section 203. Delegation of authority for appointments and promotions to
permanent grades.
This section would require the President to also make
delegations to the Deputy Secretary or NOAA Administrator for
periods when there is no Secretary. Corps promotions and
appointments have been made difficult during periods when there
has been no Secretary to sign said appointments or promotions.
Section 204. Temporary appointments.
This section would amend section 229 of the Act of 2002 (33
U.S.C. 3029) and allow the NOAA Corps to appoint junior
officers without seeking the Senate's advice and consent,
reducing both executive branch and Senatorial workloads.
Section 205. Officer candidates.
Currently, officers entering the NOAA Corps for initial
training are directly commissioned as officers on their first
day. All other services have a period when the individual is an
``Officer Candidate'' before receiving a commission. This
section would amend subtitle B of title II of the Act of 2002
(33 U.S.C. 3021 et seq.) and give NOAA the authority to create
an ``Officer Candidate'' rank, with reduced pay. This would
result in savings of approximately $115,000 annually, which
could be used to pay for officer precommissioning and education
programs established elsewhere in this bill.
Section 206. Procurement of personnel.
This section would authorize the NOAA Corps to engage in
recruiting activities, similar to statutory provisions
applicable to the Coast Guard.
TITLE III--SEPARATION AND RETIREMENT OF OFFICERS
Section 301. Involuntary retirement or separation.
This section would give the NOAA Corps authority to defer
an officer's involuntary retirement or separation due to
medical conditions or the Service's needs across all ranks.
Currently NOAA can defer involuntary separation of Lieutenant
Commanders and below, but it cannot for Commanders and
Captains.
Section 302. Separation pay.
This section would remove a loophole in existing law that
allows those voluntarily leaving the Service to manipulate the
system to get separation. Separation pay is normally used to
compensate a member who is being forced out due to non-
selection by a promotion board. Under current law, officers who
wanted to leave the service could theoretically seek to not be
promoted, be separated due to non-promotion, and yet still
receive separation pay to accompany their basically voluntary
resignation.
TITLE IV--RIGHTS AND BENEFITS
Section 401. Education loan repayment program.
This section would also amend subtitle E of title II of the
Act of 2002 (33 U.S.C. 3071 et seq.) to allow the NOAA Corps
the authority to repay education loans. The NOAA Corps does not
have the same education loan repayment recruiting incentives as
the other uniformed services. Without these authorities, the
NOAA Corps has trouble recruiting highly qualified students
with the science and engineering degrees the NOAA Corps
requires.
Section 402. Interest payment program.
This section would amend subtitle E of title II of the Act
of 2002 (33 U.S.C. 3071 et seq.) such that the Secretary may
pay the interest on student loans of eligible officers. The
NOAA Corps does not have the same authority for the repayment
of interests on education loans as the other uniformed
services. The Department of Defense and the Coast Guard offer
the interest payment program as a recruiting incentive. This
section would provide the statutory authority for the repayment
of interest payments on educational loans for up to 36 months
while the officer is serving. This section is intended to help
the NOAA Corps compete for highly qualified students.
Section 403. Student pre-commissioning education assistance program.
This section would amend subtitle E of title II of the Act
of 2002 (33 U.S.C. 3071 et seq.) to establish a student pre-
commissioning education assistance program. The NOAA Corps does
not have the same authority for student pre-commissioning
assistance program as the other uniformed services. For
example, the Coast Guard offers a student pre-commissioning
assistance program as a recruiting incentive for students at
primarily minority-serving institutions. This would again help
the NOAA Corps compete for highly qualified students.
Section 404. Limitation on educational assistance.
This section would limit the total amount expended by the
Secretary for educational assistance programs for NOAA Corps
officers. Specifically, expenditures under sections 401, 402,
and 403 of the Act would be limited to savings due to the
creation of an ``Officer Candidate'' rank (under section 205 of
the Act).
Section 405. Applicability of certain provisions of title 10, United
States Code.
This section and several of those that follow would make
minor amendments to section 261(a) of the Act of 2002 (33
U.S.C. 3071(a)), which outlines the rules of law that apply to
the Armed Forces as extended to the NOAA Corps. First, current
law does not allow a NOAA Corps officer to administer the oath
of enlistment or appointment to a son, daughter, or other
relative or friend who may be appointed as an officer or
enlisting in one of the other Services. Second, the NOAA Corps
does not have the legislative authority for correction of
errors or removal of injustices from current and former NOAA
Corps officers' records. Third, this section would provide the
authority used by the other uniformed services to exempt
personnel from service on State and local juries when such
service would interfere unreasonably with performance of an
officer's uniformed service duties.
Section 406. Applicability of certain provisions of title 37, United
States Code.
This section would amend subtitle E of title II of the Act
of 2002 (33 U.S.C. 3071 et seq.) and provide authority for
accession bonuses for new officers with critical skills,
allowing the NOAA Corps to compete for applicants, as well as
miscellaneous authorities for pay (for funeral duty, recruiting
expenses, etc.) that other uniformed services have.
Section 407. Applicability of certain provisions of competitive service
law.
This section would amend section 3304(f) of title 5, United
States Code, and ensure that officers of the NOAA Corps and
USPHS are considered Federal employees when applying for jobs
only open to Federal employees. Currently, they are not.
Section 408. Eligibility of all members of uniformed services for
legion of merit award.
This section would amend section 1121 of title 10, United
States Code, and allow the officers of the NOAA Corps and USPHS
to receive the Legion of Merit Award.
Section 409. Application of Employment and Reemployment Rights of
Members of the Uniformed Services to members of commissioned
officer corps.
This section would amend section 4303(16) of title 38,
United States Code, and extend the Uniformed Services
Employment and Reemployment Rights Act (USERRA) prohibition
against employment discrimination against uniformed service
members to the NOAA Corps.
Section 410. Protected communications for commissioned officer corps
and prohibition of retaliatory personnel actions.
Currently, the NOAA Corps and USPHS officers fall between
the cracks in whistleblower protection. Neither the regulations
that protect military members nor the regulations that protect
civil servants protect them. This section would ensure that the
whistleblower protections under section 1034 of title 10,
United States Code, also cover members of the NOAA Corps.
Section 411. Criminal penalties for wearing uniform without authority.
This section would extend military regulations governing
the wearing of uniform without authority to NOAA Corps
officers.
TITLE V--OTHER MATTERS
Section 501. Technical correction.
This section would make a minor grammatical technical
correction to section 101(21)(C) of title 38, United States
Code.
Sections 502 and 503. Report and effective date.
Section 502 of the Act would require a report, not later
than 90 days after the enactment of this Act, on the current
and future needs of the NOAA Corps, as well as identification
of areas of duplication or redundancy before the changes in the
bill go into effect under section 503 of the Act.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER
CORPS ACT OF 2002
[33 U.S.C. 3001 et seq.]
SEC. 212. DEFINITIONS.
[33 U.S.C. 3002]
(a) Applicability of Definitions in Title 10, United States
Code.--Except as provided in subsection (b), the definitions
provided in section 101 of title 10, United States Code, apply
to the provisions of this title.
(b) Additional Definitions.--In this title:
(1) Active duty.--The term ``active duty'' means
full-time duty in the active service of a uniformed
service.
(2) Grade.--The term ``grade'' means a step or
degree, in a graduated scale of office or rank, that is
established and designated as a grade by law or
regulation.
(3) Officer.--The term ``officer'' means an officer
of the commissioned corps.
(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
officer under section 221(a)(2)(A).
[(4)] (5) Flag officer.--The term ``flag officer''
means an officer serving in, or having the grade of,
vice admiral, rear admiral, or rear admiral (lower
half).
[(5)] (6) Secretary.--The term ``Secretary'' means
the Secretary of Commerce.
[(6)] (7) Administration.--The term
``Administration'' means the National Oceanic and
Atmospheric Administration.
[SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.
[33 U.S.C. 3004]
[(a) Relative Rank; Proportion.--Of the total authorized
number of officers on the lineal list of the commissioned
corps, there are authorized numbers in permanent grade, in
relative rank with officers of the Navy, in proportions as
follows:
[(1) 8 in the grade of captain.
[(2) 14 in the grade of commander.
[(3) 19 in the grade of lieutenant commander.
[(4) 23 in the grade of lieutenant.
[(5) 18 in the grade of lieutenant (junior grade).
[(6) 18 in the grade of ensign.
[(b) Computation of Number in Grade.--
[(1) In general.--Subject to paragraph (2), whenever
a final fraction occurs in computing the authorized
number of officers in a grade, the nearest whole number
shall be taken, and if the fraction is one-half the
next higher whole number shall be taken.
[(2) Limitation on increase in total number.--The
total number of officers on the lineal list authorized
by law may not be increased as the result of the
computations prescribed in this section, and if
necessary the number of officers in the lowest grade
shall be reduced accordingly.
[(c) Preservation of Grade and Pay, etc.--No officer may be
reduced in grade or pay or separated from the commissioned
corps as the result of a computation made to determine the
authorized number of officers in the various grades.
[(d) Filling of Vacancies; Additional Numbers.--Nothing in
this section may be construed as requiring the filling of any
vacancy or as prohibiting additional numbers in any grade to
compensate for vacancies existing in higher grades.
[(e) 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 so long as the average
number on that list during that fiscal year does not exceed the
authorized number.]
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. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFICERS.
[33 U.S.C. 3005]
[Effective] (a) In General._Effective October 1, 2009, the
total number of authorized commissioned officers on the lineal
list of the commissioned corps of the National Oceanic and
Atmospheric Administration shall be increased from 321 to 379
if--
(1) the Secretary has submitted to the Congress--
(A) the Administration's ship
recapitalization plan for fiscal years 2010
through 2024;
(B) the Administration's aircraft
remodernization plan; and
(C) supporting workforce management plans;
(2) appropriated funding is available; and
(3) the Secretary has justified organizational needs
for the commissioned corps for each such fiscal year.
(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. 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.
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 by
establishing standards of physical fitness for officers that
are substantially equivalent to those prescribed for officers
in the Coast Guard.
[SEC. 221. ORIGINAL APPOINTMENTS.
[33 U.S.C. 3021]
[(a) In General.--
[(1) Grades.--Original appointments may be made in
the grades of ensign, lieutenant (junior grade), and
lieutenant.
[(2) Qualifications.--Under regulations prescribed by
the Secretary, such an appointment may be given only to
a person who--
[(A) meets the qualification requirements
specified in paragraphs (1) through (4) of
section 532(a) of title 10, United States Code;
and
[(B) has such other special qualifications as
the Secretary may prescribe by regulation.
[(3) Examination.--A person may be given such an
appointment only after passage of a mental and physical
examination given in accordance with regulations
prescribed by the Secretary.
[(4) Revocation of commission of officers found not
qualified.--President may revoke the commission of any
officer appointed under this section during the
officer's first three years of service if the officer
is found not qualified for the service. Any such
revocation shall be made under regulations prescribed
by the President.
[(b) Lineal List.--Each person appointed under this section
shall be placed on the lineal list in a position commensurate
with that person's age, education, and experience, in
accordance with regulations prescribed by the Secretary.
[(c) Service Credit Upon Original Appointment in Grade Above
Ensign.--
[(1) In general.--For the purposes of basic pay, a
person appointed under this section in the grade of
lieutenant shall be credited as having, on the date of
that appointment, three years of service, and a person
appointed under this section in the grade of lieutenant
(junior grade) shall be credited as having, as of the
date of that appointment, 1 1/2 years of service.
[(2) Higher credit under other law.--If a person
appointed under this section is entitled to credit for
the purpose of basic pay under any other provision of
law that would exceed the amount of credit authorized
by paragraph (1), that person shall be credited with
that amount of service in lieu of the credit authorized
by paragraph (1).]
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.
(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.
(e) Inter-Service Transfers.--For inter-service transfers (as
described in the Department of Defense Directive 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 transfers
for recruitment purposes as determined appropriate by
the Secretary; and
(3) reappoint such inter-service transfers to the
equivalent grade in the commissioned officer corps.
[SEC. 222. PERSONNEL BOARDS.
[33 U.S.C. 3022]
[(a) Convening.--At least once a year and at such other times
as the Secretary determines necessary, the Secretary shall
convene a personnel board. A personnel board shall consist of
not less than five officers on the lineal list in the permanent
grade of commander or above.
[(b) Duties.--Each personnel board shall--
[(1) recommend to the Secretary such changes in the
lineal list as the board may determine; and
[(2) make selections and recommendations to the
Secretary and President for the appointment, promotion,
separation, continuation, and retirement of officers as
prescribed in this subtitle and subtitle C.
[(c) Action on Recommendations Not Acceptable.--In a case in
which 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 are
acceptable.]
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. 226. APPOINTMENTS AND PROMOTIONS TO PERMANENT GRADES.
[33 U.S.C. 3026]
[Appointments] (a) In General._ Appointments in and
promotions to all permanent grades shall be made by the
President.
(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 Atmosphere during such period.
[SEC. 229. TEMPORARY APPOINTMENTS AND PROMOTIONS GENERALLY.
[33 U.S.C. 3029]
[(a) Ensign.--Temporary appointments in the grade of ensign
may be made by the President. Each such temporary appointment
terminates at the close of the next regular session of the
Congress.
[(b) Lieutenant (Junior Grade).--Officers in the permanent
grade of ensign may be temporarily promoted to and appointed in
the grade of lieutenant (junior grade) by the President
whenever vacancies exist in higher grades.
[(c) Any One Grade.--When determined by the Secretary to be
in the best interest of the service, officers in any permanent
grade may be temporarily promoted one grade by the President.
Any such temporary promotion terminates upon the transfer of
the officer to a new assignment.]
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 approval 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 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. 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 of Commerce or the Under Secretary for
Oceans and Atmosphere during such period.
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).
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.
SEC. 241. INVOLUNTARY RETIREMENT OR SEPARATION.
[33 U.S.C. 3041]
(a) Transfer of Officers to Retired List; Separation from
Service.--As recommended by a personnel board convened under
section 222--
(1) an officer in the permanent grade of captain or
commander may be transferred to the retired list; and
(2) an officer in the permanent grade of lieutenant
commander, lieutenant, or lieutenant (junior grade) who
is not qualified for retirement may be separated from
the service.
(b) Computations.--In any fiscal year, the total number of
officers selected for retirement or separation under subsection
(a) plus the number of officers retired for age may not exceed
the whole number nearest 4 percent of the total number of
officers authorized to be on the active list, except as
otherwise provided by law.
(c) Effective Date of Retirements and Separations.--A
retirement or separation under subsection (a) shall take effect
on the first day of the sixth month beginning after the date on
which the Secretary approves the retirement or separation,
except that if the officer concerned requests an earlier
retirement or separation date, the date shall be as determined
by the Secretary.
(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. 242. SEPARATION PAY.
[33 U.S.C. 3042]
(a) Authorization of Payment.--An officer who is separated
under section 241(a)(2) and who has completed more than three
years of continuous active service immediately before that
separation is entitled to separation pay computed under
subsection (b) unless the Secretary determines that the
conditions under which the officer is separated do not warrant
payment of that pay.
(b) Amount of Separation Pay.--
(1) Six or more years.--In the case of an officer who
has completed six or more years of continuous active
service immediately before that separation, the amount
of separation pay to be paid to the officer under this
section is 10 percent of the product of--
(A) the years of active service creditable to
the officer; and
(B) 12 times the monthly basic pay to which
the officer was entitled at the time of
separation.
(2) Three to six years.--In the case of an officer
who has completed three or more but fewer than six
years of continuous active service immediately before
that separation, the amount of separation pay to be
paid to the officer under this section is one-half of
the amount computed under paragraph (1).
(c) Other Conditions, Requirements, and Administrative
Provisions.--The provisions of subsections (f), (g), and (h) of
section 1174 of title 10, United States Code, shall apply to
separation pay under this section in the same manner as such
provisions apply to separation pay under that section.
(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. 261. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, UNITED
STATES CODE.
[33 U.S.C. 3071]
(a) Provisions Made Applicable to the Corps.--The rules of
law that apply to the Armed Forces under the following
provisions of title 10, United States Code, as those provisions
are in effect from time to time, apply also to the commissioned
officer corps of the Administration:
(1) Chapter 40, relating to leave.
(2) Section 533(b), relating to constructive service.
(3) Section 716, relating to transfers between the
armed forces and to and from National Oceanic and
Atmospheric Administration.
(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.
(8) Section 1034, relating to protected
communications and prohibition of retaliatory personnel
actions.
[(4)](9) Section 1035, relating to deposits of
savings.
[(5)](10) Section 1036, relating to transportation
and travel allowances for escorts for dependents of
members.
[(6)](11) Section 1052, relating to reimbursement for
adoption expenses.
[(11)](12) Chapter 58, relating to the Benefits and
Services for members being separated or recently
separated.
[(7)](13) Section 1174a, relating to special
separation benefits (except that benefits under
subsection (b)(2)(B) of such section are subject to the
availability of appropriations for such purpose and are
provided at the discretion of the Secretary of
Commerce).
[(8)](14) Chapter 61, relating to retirement or
separation for physical disability.
[(9)](15) Chapter 69, relating to retired grade,
except sections 1370, 1375, and 1376.
[(10)](16) Chapter 71, relating to computation of
retired pay.
[(11)](17) Chapter 73, relating to annuities based on
retired or retainer pay.
[(12)](18) Subchapter II of chapter 75, relating to
death benefits.
(19) Subchapter I of chapter 88, relating to Military
Family Programs.
(20) Section 2005, relating to advanced education
assistance, active duty agreements, and reimbursement
requirements.
[(13)](21) Section 2634, relating to transportation
of motor vehicles for members on permanent change of
station.
[(14)](22) Sections 2731 and 2735, relating to
property loss incident to service.
[(15)](23) Section 2771, relating to final settlement
of accounts of deceased members.
[(16)](24) Such other provisions of subtitle A of
that title as may be adopted for applicability to the
commissioned officer corps of the National Oceanic and
Atmospheric Administration by any other provision of
law.
(b) References.--The authority vested by title 10, 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.
SEC. 261A. 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 488, relating to allowances for
recruiting expenses.
(6) Section 495, 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, by the Secretary of Commerce or the
Secretary's designee.
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.
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).
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.
HIGHER EDUCATION ACT OF 1965
[79 Stat. 1219]
SEC. 428. FEDERAL PAYMENTS TO REDUCE STUDENT INTEREST COSTS.
[20 U.S.C. 1078]
* * * * * * *
(o) [Armed Forces Student Loan Interest Payment Program.--]
Armed Forces and NOAA Commissioned Officer Corps Student Loan
Interest Payment Programs._
(1) Authority.--Using funds received by transfer to
the Secretary under section 2174 of title 10, United
States Code, or section 264 of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps
Act of 2002 for the payment of interest and any special
allowance on a loan to a member of the Armed Forces or
an officer in the commissioned officer corps of the
National Oceanic and Atmospheric Administration,
respectively, that is made, insured, or guaranteed
under this part, the Secretary shall pay the interest
and special allowance on such loan as due for a period
not in excess of 36 consecutive months. The Secretary
may not pay interest or any special allowance on such a
loan out of any funds other than funds that have been
so transferred.
(2) Forbearance.--During the period in which the
Secretary is making payments on a loan under paragraph
(1), the lender shall grant the borrower forbearance in
accordance with the guaranty agreement under subsection
(c)(3)(A)(i)(IV).
(3) Special allowance defined.--For the purposes of
this subsection, the term ``special allowance'' means a
special allowance that is payable with respect to a
loan under section 438.
SEC. 455. TERMS AND CONDITIONS OF LOANS.
[20 U.S.C. 1087e]
* * * * * * *
(l) [Armed Forces Student Loan Interest Payment Program.--]
Armed Forces and NOAA Commissioned Officer Corps Student Loan
Interest Payment Programs._
(1) Authority.--Using funds received by transfer to
the Secretary under section 2174 of title 10, United
States Code, or section 264 of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps
Act of 2002 for the payment of interest on a loan made
under this part to a member of the Armed Forces or an
officer in the commissioned officer corps of the
National Oceanic and Atmospheric Administration,
respectively, the Secretary shall pay the interest on
the loan as due for a period not in excess of 36
consecutive months. The Secretary may not pay interest
on such a loan out of any funds other than funds that
have been so transferred.
(2) Forbearance.--During the period in which the
Secretary is making payments on a loan under paragraph
(1), the Secretary shall grant the borrower
forbearance, in the form of a temporary cessation of
all payments on the loan other than the payments of
interest on the loan that are made under that
paragraph.
* * * * * * *
SEC. 464. TERMS AND CONDITIONS OF LOANS.
[20 U.S.C. 1087jj]
* * * * * * *
(j) [Armed Forces Student Loan Interest Payment Program.--]
Armed Forces and NOAA Commissioned Officer Corps Student Loan
Interest Payment Programs._
(1) Authority.--Using funds received by transfer to
the Secretary under section 2174 of title 10, United
States Code, or section 264 of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps
Act of 2002 for the payment of interest on a loan made
under this part to a member of the Armed Forces or an
officer in the commissioned officer corps of the
National Oceanic and Atmospheric Administration,
respectively, the Secretary shall pay the interest on
the loan as due for a period not in excess of 36
consecutive months. The Secretary may not pay interest
on such a loan out of any funds other than funds that
have been so transferred.
(2) Forbearance.--During the period in which the
Secretary is making payments on a loan under paragraph
(1), the institution of higher education shall grant
the borrower forbearance in accordance with subsection
(e)(1)(C).
* * * * * * *
TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES
3304. Competitive service; examinations
* * * * * * *
(f)
(1) Preference eligibles or veterans who have been
separated from the armed forces 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 under honorable conditions
after 3 years or more of active service may not be
denied 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.
(2) If selected, a preference eligible [or veteran] ,
veteran, or member described in paragraph (1) shall
receive a career or career-conditional appointment, as
appropriate.
(3) This subsection shall not be construed to confer
an entitlement to veterans' preference that is not
otherwise required by law.
(4) The area of consideration for all merit promotion
announcements which include consideration of
individuals of the Federal workforce shall indicate
that preference eligibles and veterans who have been
separated from the armed forces 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 under honorable conditions
after 3 years or more of active service are eligible to
apply. The announcements shall be publicized in
accordance with section 3327.
(5) The Office of Personnel Management shall
prescribe regulations necessary for the administration
of this subsection. The regulations shall ensure that
an individual who has completed an initial tour of
active duty is not excluded from the application of
this subsection because of having been released from
such tour of duty shortly before completing 3 years of
active service, having been honorably released from
such duty.
TITLE 10. ARMED FORCES
CHAPTER 57. DECORATIONS AND AWARDS
1121. Legion of Merit: award
The President, under regulations to be prescribed by him, may
award a decoration called the ``Legion of Merit'', having
suitable appurtenances and devices and not more than four
degrees, to any member of the [armed forces] uniformed services
of the United States or of any friendly foreign nation who,
after September 8, 1939, has distinguished himself by
exceptionally meritorious conduct in performing outstanding
services.
TITLE 18. CRIMES AND CRIMINAL PROCEDURE
PART I. CRIMES
CHAPTER 33. EMBLEMS, INSIGNIA, AND NAMES
702. Uniform of armed forces and Public Health Service
Whoever, in any place within the jurisdiction of the United
States or in the Canal Zone, without authority, wears the
uniform or a distinctive part thereof or anything similar to a
distinctive part of the uniform of any of the armed forces of
the United States, Public Health [Service or any] Service, the
commissioned officer corps of the National Oceanic and
Atmospheric Administration, or any auxiliary of such, shall be
fined under this title or imprisoned not more than six months,
or both.
TITLE 37. PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 3. BASIC PAY
203. Rates
(a)
(1) The rates of monthly basic pay for members of the
uniformed services within each pay grade are those
prescribed in accordance with section 1009 of this
title or as otherwise prescribed by law.
(2) Notwithstanding the rates of basic pay in effect
at any time as provided by law, the rates of basic pay
payable for commissioned officers in pay grades O-7
through O-10 may not exceed the monthly equivalent of
the rate of pay for level II of the Executive Schedule,
and the rates of basic pay payable for all other
officers and for enlisted members may not exceed the
monthly equivalent of the rate of pay for level V of
the Executive Schedule.
(b) While serving as a permanent professor at the United
States Military Academy, the United States Naval Academy, or
the United States Air Force Academy or as a member of the
permanent commissioned teaching staff at the United States
Coast Guard Academy, an officer who has over 36 years of
service computed under section 205 of this title is, in
addition to the pay and allowances to which he is otherwise
entitled under this title, entitled to additional pay in the
amount of $250 a month. This additional pay may not be used in
the computation of retired pay.
(c) A cadet at the United States Military Academy, the United
States Air Force Academy, or the Coast Guard Academy, or a
midshipman at the United States Naval Academy, is entitled to
monthly cadet pay, or midshipman pay, at the monthly rate equal
to 35 percent of the basic pay of a commissioned officer in the
pay grade O-1 with less than two years of service.
(d)
(1) The basic pay of a commissioned officer who is in
pay grade O-1, O-2, or O-3 and who is credited with a
total of over four years' service described in
paragraph (2) shall be computed in the same manner as
the basic pay of a commissioned officer in the same pay
grade who has been credited with over four years'
active service as an enlisted member.
(2) Service to be taken into account for purposes of
computing basic pay under paragraph (1) is as follows:
(A) Active service as a warrant officer or as
a warrant officer and an enlisted member.
(B) Service as a warrant officer, as an
enlisted member, or as a warrant officer and an
enlisted member, for which at least 1,460
points have been credited to the officer for
the purposes of section 12732(a)(2) of title
10.
(e)
(1) A student at the United States Military Academy
Preparatory School, the United States Naval Academy
Preparatory School, or the United States Air Force
Academy Preparatory School who was selected to attend
the preparatory school from civilian life is entitled
to monthly student pay at the same rate as provided for
cadets and midshipmen under subsection (c).
(2) A student at a preparatory school referred to in
paragraph (1) who, at the time of the student's
selection to attend the preparatory school, was an
enlisted member of the uniformed services shall receive
monthly basic pay at the rate prescribed for the
student's pay grade and years of service as an enlisted
member or at the rate provided for cadets and
midshipmen under subsection (c), whichever is greater.
(3) The monthly student pay of a student described in
paragraph (1) shall be treated for purposes of the
accrual charge for the Department of Defense Military
Retirement Fund established under section 1461 of title
10 in the same manner as monthly cadet pay or
midshipman pay under subsection (c).
(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 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 considered creditable for
active duty or pay.
TITLE 38. VETERANS' BENEFITS
CHAPTER 1. GENERAL
101. Definitions
* * * * * * *
(21) The term ``active duty'' means--
(A) full-time duty in the Armed Forces, other
than active duty for training;
(B) full-time duty (other than for training
purposes) as a commissioned officer of the
Regular or Reserve Corps of the Public Health
Service
(i) on or after July 29, 1945, or
(ii) before that date under
circumstances affording entitlement to
``full military benefits'' or
(iii) at any time, for the purposes
of chapter 13 of this title;
(C) full-time duty as a commissioned officer
in the commissioned officer corps of the
National Oceanic and Atmospheric Administration
or its predecessor organization the Coast and
Geodetic Survey
(i) on or after July 29, 1945, or
(ii) before that date
(I) while on transfer to one
of the Armed Forces, or
(II) while, in time of war or
national emergency declared by
the President, assigned to duty
on a project for one of the
Armed Forces in an area
determined by the Secretary of
Defense to be of immediate
military hazard, or
(III) in the Philippine
Islands on December 7, 1941,
and continuously in such
islands thereafter, or
(iii) at any time, for the purposes
of chapter 13 of this title;
(D) service as a cadet at the United States
Military, Air Force, or Coast Guard Academy, or
as a midshipman at the United States Naval
Academy; and
(E) authorized travel to or from such duty or
service.
* * * * * * *
CHAPTER 43. EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES
4303. Definitions
* * * * * * *
(16) The term ``uniformed services'' means the Armed
Forces, the Army National Guard and the Air National
Guard when engaged in active duty for training,
inactive duty training, or full-time National Guard
duty, the commissioned corps of the Public Health
Service, the commissioned officer corps of the National
Oceanic and Atmospheric Administration, and any other
category of persons designated by the President in time
of war or national emergency.