[Congressional Record (Bound Edition), Volume 158 (2012), Part 13]
[Senate]
[Pages 18094-18104]
[From the U.S. Government Publishing Office, www.gpo.gov]




 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER 
                      CORPS AMENDMENTS ACT OF 2012

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 551, S. 2388.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2388) to reauthorize and amend the National 
     Oceanic and Atmospheric Administration Commissioned Officer 
     Corps Act of 2002, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     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. Limitation on educational assistance.
Sec. 17. Applicability of certain provisions of title 37, United States 
              Code.
Sec. 18. Application of certain provisions of competitive service law.
Sec. 19. Eligibility of all members of uniformed services for Legion of 
              Merit award.
Sec. 20. Application of Employment and Reemployment Rights of Members 
              of the Uniformed Services to members of commissioned 
              officer corps.
Sec. 21. Protected communications for commissioned officer corps and 
              prohibition of retaliatory personnel actions.
Sec. 22. Criminal penalties for wearing uniform without authority.
Sec. 23. Report on status of officers in commissioned officer corps of 
              National Oceanic and Atmospheric Administration and 
              Public Health Service during Government shutdowns.
Sec. 24. Technical correction.
Sec. 25. Report.
Sec. 26. Effective date.

     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:

[[Page 18095]]

       ``(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 title II 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 4(b), is further 
     amended by inserting after the item relating to section 216, 
     as added by such section 4(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,

[[Page 18096]]

     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.''.
       (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 (3) the following:
       ``(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).''.
       (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 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.''.

     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

[[Page 18097]]

     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.--
       (1) Section 428(o) of the Higher Education Act of 1965 (20 
     U.S.C. 1078(o)) is amended--
       (A) by striking the subsection heading and inserting 
     ``Armed Forces and NOAA Commissioned Officer Corps Student 
     Loan Interest Payment Programs''; and
       (B) in paragraph (1)--
       (i) by inserting ``or section 264 of the National Oceanic 
     and Atmospheric Administration Commissioned Officer Corps Act 
     of 2002'' after ``Code,''; and
       (ii) by inserting ``or an officer in the commissioned 
     officer corps of the National Oceanic and Atmospheric 
     Administration, respectively,'' after ``Armed Forces''.
       (2) Sections 455(l) and 464(j) of the Higher Education Act 
     of 1965 (20 U.S.C. 1087e(l) and 1087dd(j)) are each amended--
       (A) by striking the subsection heading and inserting 
     ``Armed Forces and NOAA Commissioned Officer Corps Student 
     Loan Interest Payment Programs''; and
       (B) in paragraph (1)--
       (i) by inserting ``or section 264 of the National Oceanic 
     and Atmospheric Administration Commissioned Officer Corps Act 
     of 2002'' after ``Code,''; and

[[Page 18098]]

       (ii) by inserting ``or an officer in the commissioned 
     officer corps of the National Oceanic and Atmospheric 
     Administration, respectively'' after ``Armed Forces''.
       (c) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Service Improvement Act of 1998, and for 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. LIMITATION ON EDUCATIONAL ASSISTANCE.

       (a) In General.--Each fiscal year, beginning with fiscal 
     year 2013, the Secretary of Commerce shall ensure that the 
     total amount expended by the Secretary under section 267 of 
     the National Oceanic and Atmospheric Administration 
     Commissioned Officer Corps Act of 2002 (as added by section 
     13(a)), section 268 of such Act (as added by section 14(a)), 
     and section 269 of such Act (as added by section 15(a)) does 
     not exceed the amount by which--
       (1) the total amount the Secretary would pay in that fiscal 
     year to officer candidates under section 203(f)(1) of title 
     37, United States Code (as added by section 9(d)), if such 
     section entitled officers candidates to pay at monthly rates 
     equal to the basic pay of a commissioned officer in the pay 
     grade O-1 with less than 2 years of service; exceeds
       (2) the total amount the Secretary actually pays in that 
     fiscal year to officer candidates under section 203(f)(1) of 
     such title (as so added).
       (b) Officer Candidate Defined.--In this section, the term 
     ``officer candidate'' has the meaning given the term in 
     section 212 of such Act (as added by section 9(c)).

     SEC. 17. 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

[[Page 18099]]

     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. 18. 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. 19. 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. 20. 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. 21. PROTECTED COMMUNICATIONS FOR COMMISSIONED OFFICER 
                   CORPS AND PROHIBITION OF RETALIATORY PERSONNEL 
                   ACTIONS.

       (a) In General.--Subsection (a) of section 261 of the 
     National Oceanic and Atmospheric Administration Commissioned 
     Officer Corps Act of 2002 (33 U.S.C. 3071(a)), as amended by 
     section 12, is further amended--
       (1) by redesignating paragraphs (8) through (23) as 
     paragraphs (9) through (24), respectively; and
       (2) by inserting after paragraph (7) the following:
       ``(8) Section 1034, relating to protected communications 
     and prohibition of retaliatory personnel actions.''.
       (b) Conforming Amendment.--Subsection (b) of such section 
     is amended by adding at the end the following: ``For purposes 
     of paragraph (8) of subsection (a), the term `Inspector 
     General' in section 1034 of such title 10 shall mean the 
     Inspector General of the Department of Commerce.''.

     SEC. 22. 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. 23. 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. 24. 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''.

     SEC. 25. REPORT.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Commerce shall 
     submit to Congress a report evaluating the current status and 
     projected needs of the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration to operate 
     sufficiently through fiscal year 2017.
       (b) Contents.--The report required by subsection (a) shall 
     include the following:
       (1) The average annual attrition rate of officers in the 
     commissioned officer corps of the National Oceanic and 
     Atmospheric Administration.
       (2) An estimate of the number of annual recruits that would 
     reasonably be required to operate the commissioned officer 
     corps sufficiently through fiscal year 2017.
       (3) The projected impact of this Act on annual recruitment 
     numbers through fiscal year 2017.
       (4) Identification of areas of duplication or unnecessary 
     redundancy in current activities of the commissioned officer 
     corps that could otherwise be streamlined or eliminated to 
     save costs.
       (5) Such other matters as the Secretary considers 
     appropriate regarding the provisions of this Act and the 
     amendments made by this Act.

     SEC. 26. EFFECTIVE DATE.

       Notwithstanding any other provision of this Act, sections 2 
     through 22 shall take effect on the date that is 90 days 
     after the date on which the Secretary of Commerce submits to 
     Congress the report required by section 25(a).

  Mr. DURBIN. Mr. President, I further ask unanimous consent that the 
committee-reported substitute amendment be considered; the Begich 
amendment, which is at the desk, be agreed to; the committee-reported 
substitute, as amended, be agreed to; the bill, as amended, be read a 
third time and passed; the motions to reconsider be laid on the table 
with no intervening action or debate; and that any statements be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3424) was agreed to, as follows:

       On page 50, line 20, strike ``by section 5'' and insert 
     ``by section 4(a)''.
       On page 55, lines 1 and 2, strike ``, by and with the 
     advice and consent of the Senate''.
       On page 56, strike lines 9 through 19.
       On page 58, line 15, strike ``alone''.
       On page 58, line 19, strike ``alone''.
       On page 59, line 4, strike ``alone''.
       On page 61, line 22, strike ``such Act'' and insert ``the 
     National Oceanic and Atmospheric Administration Commissioned 
     Officer Corps Act of 2002''.
       On page 85, strike lines 1 through 12.

  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 2388) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                S. 2388

       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. Limitation on educational assistance.
Sec. 17. Applicability of certain provisions of title 37, United States 
              Code.
Sec. 18. Application of certain provisions of competitive service law.
Sec. 19. Eligibility of all members of uniformed services for Legion of 
              Merit award.
Sec. 20. Application of Employment and Reemployment Rights of Members 
              of the Uniformed Services to members of commissioned 
              officer corps.
Sec. 21. Protected communications for commissioned officer corps and 
              prohibition of retaliatory personnel actions.
Sec. 22. Criminal penalties for wearing uniform without authority.
Sec. 23. Technical correction.
Sec. 24. Report.
Sec. 25. Effective date.

     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.--

[[Page 18100]]

       ``(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 title II 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 4(a), 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 4(b), is further 
     amended by inserting after the item relating to section 216, 
     as added by such section 4(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.
       ``(c) Qualifications.--An appointment under subsection (a) 
     or (b) may not be given

[[Page 18101]]

     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.''.
       (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.''.

     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.
       ``(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.''.

     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 the National 
     Oceanic and Atmospheric Administration Commissioned Officer 
     Corps Act of 2002 (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 (3) the following:
       ``(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).''.
       (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 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.''.

     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:

[[Page 18102]]

       ``(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.--
       (1) Section 428(o) of the Higher Education Act of 1965 (20 
     U.S.C. 1078(o)) is amended--
       (A) by striking the subsection heading and inserting 
     ``Armed Forces and NOAA Commissioned Officer Corps Student 
     Loan Interest Payment Programs''; and
       (B) in paragraph (1)--
       (i) by inserting ``or section 264 of the National Oceanic 
     and Atmospheric Administration Commissioned Officer Corps Act 
     of 2002'' after ``Code,''; and
       (ii) by inserting ``or an officer in the commissioned 
     officer corps of the National Oceanic and Atmospheric 
     Administration, respectively,'' after ``Armed Forces''.
       (2) Sections 455(l) and 464(j) of the Higher Education Act 
     of 1965 (20 U.S.C. 1087e(l) and 1087dd(j)) are each amended--

[[Page 18103]]

       (A) by striking the subsection heading and inserting 
     ``Armed Forces and NOAA Commissioned Officer Corps Student 
     Loan Interest Payment Programs''; and
       (B) in paragraph (1)--
       (i) by inserting ``or section 264 of the National Oceanic 
     and Atmospheric Administration Commissioned Officer Corps Act 
     of 2002'' after ``Code,''; and
       (ii) by inserting ``or an officer in the commissioned 
     officer corps of the National Oceanic and Atmospheric 
     Administration, respectively'' after ``Armed Forces''.
       (c) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Service Improvement Act of 1998, and for 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. LIMITATION ON EDUCATIONAL ASSISTANCE.

       (a) In General.--Each fiscal year, beginning with fiscal 
     year 2013, the Secretary of Commerce shall ensure that the 
     total amount expended by the Secretary under section 267 of 
     the National Oceanic and Atmospheric Administration 
     Commissioned Officer Corps Act of 2002 (as added by section 
     13(a)), section 268 of such Act (as added by section 14(a)), 
     and section 269 of such Act (as added by section 15(a)) does 
     not exceed the amount by which--
       (1) the total amount the Secretary would pay in that fiscal 
     year to officer candidates under section 203(f)(1) of title 
     37, United States Code (as added by section 9(d)), if such 
     section entitled officers candidates to pay at monthly rates 
     equal to the basic pay of a commissioned officer in the pay 
     grade O-1 with less than 2 years of service; exceeds
       (2) the total amount the Secretary actually pays in that 
     fiscal year to officer candidates under section 203(f)(1) of 
     such title (as so added).
       (b) Officer Candidate Defined.--In this section, the term 
     ``officer candidate'' has the meaning given the term in 
     section 212 of such Act (as added by section 9(c)).

     SEC. 17. 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.

[[Page 18104]]

       ``(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. 18. 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. 19. 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. 20. 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. 21. PROTECTED COMMUNICATIONS FOR COMMISSIONED OFFICER 
                   CORPS AND PROHIBITION OF RETALIATORY PERSONNEL 
                   ACTIONS.

       (a) In General.--Subsection (a) of section 261 of the 
     National Oceanic and Atmospheric Administration Commissioned 
     Officer Corps Act of 2002 (33 U.S.C. 3071(a)), as amended by 
     section 12, is further amended--
       (1) by redesignating paragraphs (8) through (23) as 
     paragraphs (9) through (24), respectively; and
       (2) by inserting after paragraph (7) the following:
       ``(8) Section 1034, relating to protected communications 
     and prohibition of retaliatory personnel actions.''.
       (b) Conforming Amendment.--Subsection (b) of such section 
     is amended by adding at the end the following: ``For purposes 
     of paragraph (8) of subsection (a), the term `Inspector 
     General' in section 1034 of such title 10 shall mean the 
     Inspector General of the Department of Commerce.''.

     SEC. 22. 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. 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''.

     SEC. 24. REPORT.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Commerce shall 
     submit to Congress a report evaluating the current status and 
     projected needs of the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration to operate 
     sufficiently through fiscal year 2017.
       (b) Contents.--The report required by subsection (a) shall 
     include the following:
       (1) The average annual attrition rate of officers in the 
     commissioned officer corps of the National Oceanic and 
     Atmospheric Administration.
       (2) An estimate of the number of annual recruits that would 
     reasonably be required to operate the commissioned officer 
     corps sufficiently through fiscal year 2017.
       (3) The projected impact of this Act on annual recruitment 
     numbers through fiscal year 2017.
       (4) Identification of areas of duplication or unnecessary 
     redundancy in current activities of the commissioned officer 
     corps that could otherwise be streamlined or eliminated to 
     save costs.
       (5) Such other matters as the Secretary considers 
     appropriate regarding the provisions of this Act and the 
     amendments made by this Act.

     SEC. 25. EFFECTIVE DATE.

       Notwithstanding any other provision of this Act, sections 2 
     through 22 shall take effect on the date that is 90 days 
     after the date on which the Secretary of Commerce submits to 
     Congress the report required by section 25(a).

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