,,ii #aadth ,,congress #ast ,session ,s4 #bbjf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #bf1 #bjae,mr4 ,sullivan 7for himself1 ,mr4 ,schatz1 ,mr4 ,thune1 ,mr4 ,nelson1 ,ms4 ,cantwell1 and ,mr4 ,grassley7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to reduce the incidence of sexual harassment and assault at the ,national ,oceanic and ,atmospheric ,administration1 to reauthorize the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb1 and to reauthorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,national ,oceanic and ,atmospheric ,administration ,sexual ,harassment and ,assault ,prevention ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,sexual harassment and assault prevention at the ,national ,oceanic and ,atmospheric ,administration ,sec4 #aja4 ,actions to address sexual harassment at ,national ,oceanic and ,atmospheric ,administration4 ,sec4 #ajb4 ,actions to address sexual assault at ,national ,oceanic and ,atmospheric ,administration4 ,sec4 #ajc4 ,rights of the victim of a sexual assault4 ,sec4 #ajd4 ,change of station4 ,sec4 #aje4 ,applicability of policies to crews of vessels secured by ,national ,oceanic and ,atmospheric ,administration under contract4 ,sec4 #ajf4 ,annual report on sexual assaults in the ,national ,oceanic and ,atmospheric ,administration4 ,sec4 #ajg4 ,definition4 ,,title ,,ii--,commissioned ,officer ,corps of the ,national ,oceanic and ,atmospheric ,administration ,sec4 #bja4 ,references to ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb4 ,subtitle ,a--,general provisions ,sec4 #baa4 ,strength and distribution in grade4 ,sec4 #bab4 ,recalled officers4 ,sec4 #bac4 ,obligated service requirement4 ,sec4 #bad4 ,training and physical fitness4 ,sec4 #bae4 ,recruiting materials4 ,sec4 #baf4 ,charter vessel safety policy4 ,sec4 #bag4 ,technical correction4 ,subtitle ,b--,parity and recruitment ,sec4 #bba4 ,education loans4 ,sec4 #bbb4 ,interest payments4 ,sec4 #bbc4 ,student pre-commissioning program4 ,sec4 #bbd4 ,limitation on educational assistance4 ,sec4 #bbe4 ,applicability of certain provisions of title #aj1 ,united ,states ,code1 and extension of certain authorities applicable to members of the ,armed ,forces to commissioned officer corps4 ,sec4 #bbf4 ,applicability of certain provisions of title #cg1 ,united ,states ,code4 ,sec4 #bbg4 ,legion of ,merit award4 ,sec4 #bbh4 ,prohibition on retaliatory personnel actions4 ,sec4 #bbi4 ,penalties for wearing uniform without authority4 ,sec4 #bcj4 ,application of certain provisions of competitive service law4 ,sec4 #bca4 ,employment and reemployment rights4 ,sec4 #bcb4 ,treatment of commission in commissioned officer corps for purposes of certain hiring decisions4 ,sec4 #bcc4 ,direct hire authority4 ,subtitle ,c--,appointments and promotion of officers ,sec4 #bda4 ,appointments4 ,sec4 #bdb4 ,personnel boards4 ,sec4 #bdc4 ,delegation of authority4 ,sec4 #bdd4 ,assistant ,administrator of the ,office of ,marine and ,aviation ,operations4 ,sec4 #bde4 ,temporary appointments4 ,sec4 #bdf4 ,officer candidates4 ,sec4 #bdg4 ,procurement of personnel4 ,subtitle ,d--,separation and retirement of officers ,sec4 #bea4 ,involuntary retirement or separation4 ,sec4 #beb4 ,separation pay4 ,,title ,,iii--,hydrographic services ,sec4 #cja4 ,reauthorization of ,hydrographic ,services ,improvement ,act of #aiih4 ,i ,sexual harassment and assault prevention at the ,national ,oceanic and ,atmospheric ,administration #aja4 ,actions to address sexual harassment at ,national ,oceanic and ,atmospheric ,administration 7a7 ,required policy ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,commerce shall1 acting through the ,under ,secretary for ,oceans and ,atmosphere1 develop a policy on the prevention of and response to sexual harassment involving employees of the ,national ,oceanic and ,atmospheric ,administration1 members of the commissioned officer corps of the ,administration1 and individuals who work with or conduct business on behalf of the ,administration4 7b7 ,matters ,to be specified in policy ,the policy developed under subsection 7a7 shall include-- 7#a7 a program to promote awareness of the incidence of sexual harassment2 and 7#b7 clear procedures an individual should follow in the case of an occurrence of sexual harassment1 including-- 7,a7 a specification of the person or persons to whom an alleged occurrence of sexual harassment should be reported by an individual and options for confidential reporting1 including-- 7i7 options for after-hours contact2 and 7ii7 procedures for assistance while working in a remote scientific field camp1 at sea1 or in another field status2 and 7,b7 a specification of any other person whom the victim should contact4 7c7 ,availability of policy ,the ,secretary shall ensure that the policy developed under subsection 7a7 is available to all employees of the ,administration and members of the commissioned officer corps of the ,administration1 including those employees and members who conduct field work for the ,administration4 7d7 ,geographic distribution of equal employment opportunity personnel ,the ,secretary shall ensure that at least #a employee of the ,administration who is tasked with handling matters relating to equal employment opportunity or sexual harassment is stationed-- 7#a7 in each region in which the ,administration conducts operations2 and 7#b7 in each marine and aviation center of the ,administration4 7e7 ,quarterly reports 7#a7 ,in general ,not less frequently than #d times each year1 the ,director of the ,civil ,rights ,office of the ,administration shall submit to the ,assistant ,administrator of the ,office of ,marine and ,aviation ,operations a report on sexual harassment in the ,administration4 7#b7 ,contents ,each report submitted under paragraph 7#a7 shall include the following3 7,a7 ,number of sexual harassment cases1 both actionable and non-actionable1 involving individuals covered by the policy developed under subsection 7a74 7,b7 ,such trends or region specific issues as the ,director may have discovered with respect to sexual harassment in the ,administration4 7,c7 ,such recommendations as the ,director may have with respect to sexual harassment in the ,administration4 #ajb4 ,actions to address sexual assault at ,national ,oceanic and ,atmospheric ,administration 7a7 ,comprehensive policy on prevention and response to sexual assaults ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,commerce shall1 acting through the ,under ,secretary for ,oceans and ,atmosphere1 develop a comprehensive policy on the prevention of and response to sexual assaults involving employees of the ,national ,oceanic and ,atmospheric ,administration1 members of the commissioned officer corps of the ,administration1 and individuals who work with or conduct business on behalf of the ,administration4 7b7 ,elements of comprehensive policy ,the comprehensive policy developed under subsection 7a7 shall1 at a minimum1 address the following matters3 7#a7 ,prevention measures4 7#b7 ,education and training on prevention and response4 7#c7 ,clear procedures an individual should follow in the case of an occurrence of sexual assault1 including-- 7,a7 a specification of the person or persons to whom an alleged occurrence of sexual assault should be reported by an individual and options for confidential reporting1 including-- 7i7 options for after-hours contact2 and 7ii7 procedures for assistance while working in a remote scientific field camp1 at sea1 or in another field status2 7,b7 a specification of any other person whom the victim should contact2 and 7,c7 procedures on the preservation of evidence necessary for investigation of the alleged occurrence4 7#d7 ,easy and ready availability of information regarding the procedures described in paragraph 7#c74 7#e7 ,investigation of complaints by command and law enforcement personnel4 7#f7 ,medical treatment of victims4 7#g7 ,confidential reporting of incidents4 7#h7 ,victims advocacy and intervention1 including establishment of victim advocates as described in subsection 7c74 7#i7 ,oversight by the ,assistant ,administrator of the ,office of ,marine and ,aviation ,operations of administrative and disciplinary actions in response to substantiated incidents of sexual assault4 7#aj7 ,liaison and collaboration with other ,federal agencies on the provision of services to victims of sexual assault4 7#aa7 ,uniform collection of data on the incidence of sexual assaults and on disciplinary actions taken in substantiated cases of sexual assault4 7c7 ,victim advocacy 7#a7 ,in general ,the ,secretary1 acting through the ,under ,secretary1 shall establish victim advocates to advocate for victims of sexual assaults involving employees of the ,administration1 members of the commissioned officer corps of the ,administration1 and individuals who work with or conduct business on behalf of the ,administration4 7#b7 ,victim advocates ,for purposes of this subsection1 a victim advocate is a permanent employee of the ,administration who-- 7,a7 is trained in matters relating to sexual assault and the comprehensive policy developed under subsection 7a72 and 7,b7 serves as a victim advocate voluntarily and in addition to the employee's other duties as an employee of the ,administration4 7#c7 ,primary duties ,the primary duties of a victim advocate established under paragraph 7#a7 shall include the following3 7,a7 ,supporting victims of sexual assault and informing them of their rights and the resources available to them as victims4 7,b7 ,acting as a companion in navigating investigative1 medical1 mental and emotional health1 and recovery processes relating to sexual assault4 7,c7 ,helping ensure the safety of victims of sexual assault4 7#d7 ,location ,the ,secretary shall ensure that at least #a victim advocate established under paragraph 7#a7 is stationed-- 7,a7 in each region in which the ,administration conducts operations2 and 7,b7 in each marine and aviation center of the ,administration4 7#e7 ,hotline 7,a7 ,in general ,in carrying out this subsection1 the ,secretary shall establish a telephone number at which a victim of a sexual assault can get in touch with a victim advocate4 7,b7 #bd-;hour access ,the ,secretary shall ensure that the telephone number established under subparagraph 7,a7 is monitored at all times4 7d7 ,availability of policy ,the ,secretary shall ensure that the policy developed under subsection 7a7 is available to all employees of the ,administration and members of the commissioned officer corps of the ,administration1 including those employees and members who conduct field work for the ,administration4 #ajc4 ,rights of the victim of a sexual assault ,a victim of a sexual assault covered by the comprehensive policy developed under section #ajb7;a7 has the right to be reasonably protected from the accused4 #ajd4 ,change of station 7a7 ,change of station1 unit transfer1 or change of work location of victims 7#a7 ,timely consideration and action upon request ,the ,secretary of ,commerce1 acting through the ,under ,secretary for ,oceans and ,atmosphere1 shall-- 7,a7 in the case of a member of the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration who was a victim of a sexual assault1 in order to reduce the possibility of retaliation or further sexual assault1 provide for timely determination and action on an application submitted by the victim for consideration of a change of station or unit transfer of the victim2 and 7,b7 in the case of an employee of the ,administration who was a victim of a sexual assault1 to the degree practicable and in order to reduce the possibility of retaliation against the employee for reporting the sexual assault1 accommodate a request for a change of work location of the victim4 7#b7 ,procedures 7,a7 ,period for approval and disapproval ,the ,secretary1 acting through the ,under ,secretary1 shall ensure that an application or request submitted under paragraph 7#a7 for a change of station1 unit transfer1 or change of work location is approved or denied within #gb hours of the submission of the application or request4 7,b7 ,review ,if an application or request submitted under paragraph 7#a7 by a victim of a sexual assault for a change of station1 unit transfer1 or change of work location of the victim is denied-- 7i7 the victim may request the ,secretary review the denial2 and 7ii7 the ,secretary1 acting through the ,under ,secretary1 shall1 not later than #gb hours after receiving such request1 affirm or overturn the denial4 7b7 ,change of station1 unit transfer1 and change of work location of alleged perpetrators 7#a7 ,in general ,the ,secretary1 acting through the ,under ,secretary1 shall develop a policy for the protection of victims of sexual assault described in subsection 7a77#a7 by providing the alleged perpetrator of the sexual assault with a change of station1 unit transfer1 or change of work location1 as the case may be1 if the alleged perpetrator is a member of the commissioned officer corps of the ,administration or an employee of the ,administration4 7#b7 ,policy requirements ,the policy required by paragraph 7#a7 shall include the following3 7,a7 ,a means to control access to the victim4 7,b7 ,due process for the victim and the alleged perpetrator4 7c7 ,regulations 7#a7 ,in general ,the ,secretary shall promulgate regulations to carry out this section4 7#b7 ,consistency ,when practicable1 the ,secretary shall make regulations promulgated under this section consistent with similar regulations promulgated by the ,secretary of ,defense4 #aje4 ,applicability of policies to crews of vessels secured by ,national ,oceanic and ,atmospheric ,administration under contract ,the ,under ,secretary for ,oceans and ,atmosphere shall ensure that each contract into which the ,under ,secretary enters for the use of a vessel by the ,national ,oceanic and ,atmospheric ,administration that covers the crew of the vessel1 if any1 shall include as a condition of the contract a provision that subjects such crew to the policy developed under section #aja7;a7 and the comprehensive policy developed under section #ajb7;a74 #ajf4 ,annual report on sexual assaults in the ,national ,oceanic and ,atmospheric ,administration 7a7 ,in general ,not later than ,january #ae of each year1 the ,secretary of ,commerce shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report on the sexual assaults involving employees of the ,national ,oceanic and ,atmospheric ,administration1 members of the commissioned officer corps of the ,administration1 and individuals who work with or conduct business on behalf of the ,administration4 7b7 ,contents ,each report submitted under subsection 7a7 shall include1 with respect to the previous calendar year1 the following3 7#a7 ,the number of sexual assaults involving employees1 members1 and individuals described in subsection 7a74 7#b7 ,a synopsis of each case and the disciplinary action taken1 if any1 in each case4 7#c7 ,the policies1 procedures1 and processes implemented by the ,secretary4 #ajg4 ,definition ,in this title1 the term sexual assault shall have the meaning given such term in section #ibj7;b7 of title #aj1 ,united ,states ,code4 ,,ii ,commissioned ,officer ,corps of the ,national ,oceanic and ,atmospheric ,administration #bja4 ,references to ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb ,except as otherwise expressly provided1 whenever in this title an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb 7#cc ,u4,s4,c4 #cjja et seq474 ,a ,general provisions #baa4 ,strength and distribution in grade ,section #bad 7#cc ,u4,s4,c4 #cjjd7 is amended to read as follows3 #bad4 ,strength and distribution in grade 7a7 ,grades ,the commissioned grades in the commissioned officer corps of the ,administration are the following1 in relative rank with officers of the ,navy3 7#a7 ,vice admiral4 7#b7 ,rear admiral4 7#c7 ,rear admiral 7lower half74 7#d7 ,captain4 7#e7 ,commander4 7#f7 ,lieutenant commander4 7#g7 ,lieutenant4 7#h7 ,lieutenant 7junior grade74 7#i7 ,ensign4 7b7 ,proportion 7#a7 ,in general ,the officers on the lineal list shall be distributed in grade in the following percentages3 7,a7 #h in the grade of captain4 7,b7 #ad in the grade of commander4 7,c7 #ai in the grade of lieutenant commander4 7#b7 ,grades below lieutenant commander ,the ,secretary shall prescribe1 with respect to the distribution on the lineal list in grade1 the percentages applicable to the grades of lieutenant1 lieutenant 7junior grade71 and ensign4 7c7 ,annual computation of number in grade 7#a7 ,in general ,not less frequently than once each year1 the ,secretary shall make a computation to determine the number of officers on the lineal list authorized to be serving in each grade4 7#b7 ,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 made4 7#c7 ,fractions ,if a final fraction occurs in computing the authorized number of officers in a grade1 the nearest whole number shall be taken4 ,if the fraction is #a_/b1 the next higher whole number shall be taken4 7d7 ,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 number4 7e7 ,positions of importance and responsibility ,officers serving in positions designated under section #bbh7;a7 and officers recalled from retired status shall not be counted when computing authorized strengths under subsection 7c7 and shall not count against those strengths4 7f7 ,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 grades4 4 #bab4 ,recalled officers ,section #bae 7#cc ,u4,s4,c4 #cjje7 is amended-- 7#a7 in the matter before paragraph 7#a71 by striking ,effective and inserting the following3 7a7 ,in general ,effective 2 and 7#b7 by adding at the end the following new subsection3 7b7 ,positions of importance and responsibility ,officers serving in positions designated under section #bbh and officers recalled from retired status-- 7#a7 may not be counted in determining the total number of authorized officers on the lineal list under this section2 and 7#b7 may not count against such number4 4 #bac4 ,obligated service requirement 7a7 ,in general ,subtitle ,a 7#cc ,u4,s4,c4 #cjja et seq47 is amended by adding at the end the following3 #baf4 ,obligated service requirement 7a7 ,in general 7#a7 ,rulemaking ,the ,secretary shall prescribe the obligated service requirements for appointments1 training1 promotions1 separations1 continuations1 and retirement of officers not otherwise covered by law4 7#b7 ,written agreements ,the ,secretary and officers shall enter into written agreements that describe the officers' obligated service requirements prescribed under paragraph 7#a7 in return for such appointments1 training1 promotions1 separations1 and retirements as the ,secretary considers appropriate4 7b7 ,repayment for failure ,to satisfy requirements 7#a7 ,in general ,the ,secretary may require an officer who fails to meet the service requirements prescribed under subsection 7a77#a7 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 serve4 7#b7 ,obligation as debt to ,united ,states ,an obligation to reimburse the ,secretary under paragraph 7#a7 shall be considered for all purposes as a debt owed to the ,united ,states4 7#c7 ,discharge in bankruptcy ,a discharge in bankruptcy under title #aa that is entered less than #e years after the termination of a written agreement entered into under subsection 7a77#b7 does not discharge the individual signing the agreement from a debt arising under such agreement4 7c7 ,waiver or suspension of compliance ,the ,secretary may waive the service obligation of an officer who-- 7#a7 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 officer2 or 7#b7 is-- 7,a7 not physically qualified for appointment2 and 7,b7 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 conduct4 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,service ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb7 is amended by inserting after the item relating to section #bae the following3 ,sec4 #baf4 ,obligated service requirement4 4 #bad4 ,training and physical fitness 7a7 ,in general ,subtitle ,a 7#cc ,u4,s4,c4 #cjja et seq471 as amended by section #bac7;a71 is further amended by adding at the end the following3 #bag4 ,training and physical fitness 7a7 ,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 duties4 ,such measures may include the following3 7#a7 ,carrying out training programs and correspondence courses1 including establishing and operating a basic officer training program to provide initial indoctrination and maritime vocational training for officer candidates as well as refresher training1 mid-career training1 aviation training1 and such other training as the ,secretary considers necessary for officer development and proficiency4 7#b7 ,providing officers and officer candidates with books and school supplies4 7#c7 ,acquiring such equipment as may be necessary for training and instructional purposes4 7b7 ,physical fitness ,the ,secretary shall ensure that officers maintain a high physical state of readiness by establishing standards of physical fitness for officers that are substantially equivalent to those prescribed for officers in the ,coast ,guard4 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,service ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb71 as amended by section #bac7;b71 is further amended by inserting after the item relating to section #baf the following3 ,sec4 #bag4 ,training and physical fitness4 4 #bae4 ,recruiting materials 7a7 ,in general ,subtitle ,a 7#cc ,u4,s4,c4 #cjja et seq471 as amended by section #bad7;a71 is further amended by adding at the end the following3 #bah4 ,use of recruiting materials for public relations ,the ,secretary may use for public relations purposes of the ,department of ,commerce any advertising materials developed for use for recruitment and retention of personnel for the commissioned officer corps of the ,administration4 ,any such use shall be under such conditions and subject to such restrictions as the ,secretary shall prescribe4 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,service ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb71 as amended by section #bad7;b71 is further amended by inserting after the item relating to section #bag the following3 ,sec4 #bah4 ,use of recruiting materials for public relations4 4 #baf4 ,charter vessel safety policy 7a7 ,policy required ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,commerce shall1 acting through the ,under ,secretary for ,oceans and ,atmosphere1 develop and implement a charter vessel safety policy applicable to the acquisition by the ,national ,oceanic and ,atmospheric ,administration of charter vessel services4 7b7 ,elements ,the policy required by subsection 7a7 shall address vessel safety1 operational safety1 and basic personnel safety requirements applicable to the vessel size1 type1 and intended use4 ,at a minimum1 the policy shall include the following3 7#a7 ,basic vessel safety requirements that address stability1 egress1 fire protection and lifesaving equipment1 hazardous materials1 and pollution control4 7#b7 ,personnel safety requirements that address crew qualifications1 medical training and services1 safety briefings and drills1 and crew habitability4 7c7 ,limitation ,the ,secretary shall ensure that the basic vessel safety requirements and personnel safety requirements included in the policy required by subsection 7a7-- 7#a7 do not exceed the vessel safety requirements and personnel safety requirements promulgated by the ,secretary of the department in which the ,coast ,guard is operating2 and 7#b7 to the degree practicable1 are consistent with the requirements described in paragraph 7#a74 #bag4 ,technical correction ,section #aja7ba77;,c7 of title #ch1 ,united ,states ,code1 is amended by inserting in the commissioned officer corps before of the ,national4 ,b ,parity and recruitment #bba4 ,education loans 7a7 ,in general ,subtitle ,e 7#cc ,u4,s4,c4 #cjga et seq47 is amended by adding at the end the following3 #bfg4 ,education loan repayment program 7a7 ,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 corps1 the ,secretary may repay1 in the case of a person described in subsection 7b71 a loan that-- 7#a7 was used by the person to finance education2 and 7#b7 was obtained from a governmental entity1 private financial institution1 educational institution1 or other authorized entity4 7b7 ,eligible persons ,to be eligible to obtain a loan repayment under this section1 a person must-- 7#a7 satisfy one of the requirements specified in subsection 7c72 7#b7 be fully qualified for1 or hold1 an appointment as a commissioned officer in the commissioned officer corps of the ,administration2 and 7#c7 sign a written agreement to serve on active duty1 or1 if on active duty1 to remain on active duty for a period in addition to any other incurred active duty obligation4 7c7 ,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 section3 7#a7 ,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 corps4 7#b7 ,the person is enrolled as a full-time student in the final year of a course of study at an accredited educational institution 7as determined by the ,secretary of ,education7 leading to a degree in a profession that will meet identified skill shortages in the commissioned officer corps4 7d7 ,loan repayments 7#a7 ,in general ,subject to the limits established under paragraph 7#b71 a loan repayment under this section may consist of the payment of the principal1 interest1 and related expenses of a loan obtained by a person described in subsection 7b74 7#b7 ,limitation on amount ,for each year of obligated service that a person agrees to serve in an agreement described in subsection 7b77#c71 the ,secretary may pay not more than the amount specified in section #bagc7;e77#b7 of title #aj1 ,united ,states ,code4 7e7 ,active duty service obligation 7#a7 ,in general ,a person entering into an agreement described in subsection 7b77#c7 incurs an active duty service obligation4 7#b7 ,length of obligation determined under regulations 7,a7 ,in general ,except as provided in subparagraph 7,b71 the length of the obligation under paragraph 7#a7 shall be determined under regulations prescribed by the ,secretary4 7,b7 ,minimum obligation ,the regulations prescribed under subparagraph 7,a7 may not provide for a period of obligation of less than #a year for each maximum annual amount1 or portion thereof1 paid on behalf of the person for qualified loans4 7#c7 ,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 agreement4 7f7 ,effect of failure ,to complete obligation 7#a7 ,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 obligation1 at the discretion of the ,secretary4 7#b7 ,repayment ,an officer who does not complete the period of active duty specified in the agreement entered into under subsection 7b77#c71 or the alternative obligation imposed under paragraph 7#a71 shall be subject to the repayment provisions under section #baf4 7g7 ,rulemaking ,the ,secretary shall prescribe regulations to carry out this section1 including-- 7#a7 standards for qualified loans and authorized payees2 and 7#b7 other terms and conditions for the making of loan repayments4 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,service ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb7 is amended by inserting after the item relating to section #bff the following3 ,sec4 #bfg4 ,education loan repayment program4 4 #bbb4 ,interest payments 7a7 ,in general ,subtitle ,e 7#cc ,u4,s4,c4 #cjga et seq471 as amended by section #bba7;a71 is further amended by adding at the end the following3 #bfh4 ,interest payment program 7a7 ,authority ,the ,secretary may pay the interest and any special allowances that accrue on #a or more student loans of an eligible officer1 in accordance with this section4 7b7 ,eligible officers ,an officer is eligible for the benefit described in subsection 7a7 while the officer-- 7#a7 is serving on active duty2 7#b7 has not completed more than #c years of service on active duty2 7#c7 is the debtor on #a or more unpaid loans described in subsection 7c72 and 7#d7 is not in default on any such loan4 7c7 ,student loans ,the authority to make payments under subsection 7a7 may be exercised with respect to the following loans3 7#a7 ,a loan made1 insured1 or guaranteed under part ,b of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajga et seq474 7#b7 ,a loan made under part ,d of such title 7#bj ,u4,s4,c4 #ajhg;a et seq474 7#c7 ,a loan made under part ,e of such title 7#bj ,u4,s4,c4 #ajhg;aa et seq474 7d7 ,maximum benefit ,interest and any special allowance may be paid on behalf of an officer under this section for any of the #cf consecutive months during which the officer is eligible under subsection 7b74 7e7 ,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 section4 7f7 ,coordination with ,secretary of ,education 7#a7 ,in general ,the ,secretary shall consult with the ,secretary of ,education regarding the administration of this section4 7#b7 ,transfer of funds ,the ,secretary shall transfer to the ,secretary of ,education the funds necessary-- 7,a7 to pay interest and special allowances on student loans under this section 7in accordance with sections #dbh7o71 #dee7l71 and #dfd7;j7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgh7o71 #ajhg;e7l71 and #ajhg;dd7j7772 and 7,b7 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 ,b1 ,d1 and ,e of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajga et seq41 #ajhg;a et seq41 and #ajhg;aa et seq474 7g7 ,special allowance defined ,in this section1 the term special allowance means a special allowance that is payable under section #dch of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg-a74 4 7b7 ,conforming amendments 7#a7 ,section #dbh7o7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgh7o77 is amended-- 7,a7 by striking the subsection heading and inserting ,armed ,forces and ,,noaa ,commissioned ,officer ,corps ,student ,loan ,interest ,payment ,programs2 and 7,b7 in paragraph 7#a7-- 7i7 by inserting or section #bfd of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb after ,code12 and 7ii7 by inserting or an officer in the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration1 respectively1 after ,armed ,forces4 7#b7 ,sections #dee7l7 and #dfd7;j7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7l7 and #ajhg;dd7j77 are each amended-- 7,a7 by striking the subsection heading and inserting ,armed ,forces and ,,noaa ,commissioned ,officer ,corps ,student ,loan ,interest ,payment ,programs2 and 7,b7 in paragraph 7#a7-- 7i7 by inserting or section #bfd of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb after ,code12 and 7ii7 by inserting or an officer in the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration1 respectively after ,armed ,forces4 7c7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,service ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb71 as amended by section #bba7;b71 is further amended by inserting after the item relating to section #bfg the following3 ,sec4 #bfh4 ,interest payment program4 4 #bbc4 ,student pre-commissioning program 7a7 ,in general ,subtitle ,e 7#cc ,u4,s4,c4 #cjga et seq471 as amended by section #bbb7;a71 is further amended by adding at the end the following3 #bfi4 ,student pre-commissioning education assistance program 7a7 ,authority ,to provide financial assistance ,for the purpose of maintaining adequate numbers of officers of the commissioned officer corps of the ,administration on active duty1 the ,secretary may provide financial assistance to a person described in subsection 7b7 for expenses of the person while the person is pursuing on a full-time basis at an accredited educational institution 7as determined by the ,secretary of ,education7 a program of education approved by the ,secretary that leads to-- 7#a7 a baccalaureate degree in not more than #e academic years2 or 7#b7 a postbaccalaureate degree4 7b7 ,eligible persons 7#a7 ,in general ,a person is eligible to obtain financial assistance under subsection 7a7 if the person-- 7,a7 is enrolled on a full-time basis in a program of education referred to in subsection 7a7 at any educational institution described in such subsection2 7,b7 meets all of the requirements for acceptance into the commissioned officer corps of the ,administration except for the completion of a baccalaureate degree2 and 7,c7 enters into a written agreement with the ,secretary described in paragraph 7#b74 7#b7 ,agreement ,a written agreement referred to in paragraph 7#a77;,c7 is an agreement between the person and the ,secretary in which the person agrees-- 7,a7 to accept an appointment as an officer1 if tendered2 and 7,b7 upon completion of the person's educational program1 to serve on active duty1 immediately after appointment1 for-- 7i7 up to #c years if the person received less than #c years of assistance2 and 7ii7 up to #e years if the person received at least #c years of assistance4 7c7 ,qualifying expenses ,expenses for which financial assistance may be provided under subsection 7a7 are the following3 7#a7 ,tuition and fees charged by the educational institution involved4 7#b7 ,the cost of books4 7#c7 ,in the case of a program of education leading to a baccalaureate degree1 laboratory expenses4 7#d7 ,such other expenses as the ,secretary considers appropriate4 7d7 ,limitation on amount ,the ,secretary shall prescribe the amount of financial assistance provided to a person under subsection 7a71 which may not exceed the amount specified in section #bagc7;e77#b7 of title #aj1 ,united ,states ,code1 for each year of obligated service that a person agrees to serve in an agreement described in subsection 7b77#b74 7e7 ,duration of assistance ,financial assistance may be provided to a person under subsection 7a7 for not more than #e consecutive academic years4 7f7 ,subsistence allowance 7#a7 ,in general ,a person who receives financial assistance under subsection 7a7 shall be entitled to a monthly subsistence allowance at a rate prescribed under paragraph 7#b7 for the duration of the period for which the person receives such financial assistance4 7#b7 ,determination of amount ,the ,secretary shall prescribe monthly rates for subsistence allowance provided under paragraph 7#a71 which shall be equal to the amount specified in section #badd7;a7 of title #aj1 ,united ,states ,code4 7g7 ,initial clothing allowance 7#a7 ,training ,the ,secretary may prescribe a sum which shall be credited to each person who receives financial assistance under subsection 7a7 to cover the cost of the person's initial clothing and equipment issue4 7#b7 ,appointment ,upon completion of the program of education for which a person receives financial assistance under subsection 7a7 and acceptance of appointment in the commissioned officer corps of the ,administration1 the person may be issued a subsequent clothing allowance equivalent to that normally provided to a newly appointed officer4 7h7 ,termination of financial assistance 7#a7 ,in general ,the ,secretary shall terminate the assistance provided to a person under this section if-- 7,a7 the ,secretary accepts a request by the person to be released from an agreement described in subsection 7b77#b72 7,b7 the misconduct of the person results in a failure to complete the period of active duty required under the agreement2 or 7,c7 the person fails to fulfill any term or condition of the agreement4 7#b7 ,reimbursement ,the ,secretary may require a person who receives assistance described in subsection 7c71 7f71 or 7g7 under an agreement entered into under subsection 7b77#a77;,c7 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 agreement4 7#c7 ,waiver ,the ,secretary may waive the service obligation of a person through an agreement entered into under subsection 7b77#a77;,c7 if the person-- 7,a7 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 person2 or 7,b7 is-- 7i7 not physically qualified for appointment2 and 7ii7 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 conduct4 7#d7 ,obligation as debt to ,united ,states ,an obligation to reimburse the ,secretary imposed under paragraph 7#b7 is1 for all purposes1 a debt owed to the ,united ,states4 7#e7 ,discharge in bankruptcy ,a discharge in bankruptcy under title #aa1 ,united ,states ,code1 that is entered less than #e years after the termination of a written agreement entered into under subsection 7b77#a77;,c7 does not discharge the person signing the agreement from a debt arising under such agreement or under paragraph 7#b74 7i7 ,regulations ,the ,secretary may promulgate such regulations and orders as the ,secretary considers appropriate to carry out this section4 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,service ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb71 as amended by section #bbb7;c71 is further amended by inserting after the item relating to section #bfh the following3 ,sec4 #bfi4 ,student pre-commissioning education assistance program4 4 #bbd4 ,limitation on educational assistance 7a7 ,in general ,each fiscal year1 beginning with fiscal year #bjac1 the ,secretary of ,commerce shall ensure that the total amount expended by the ,secretary under section #bfg of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb 7as added by section #bba7;a771 section #bfh of such ,act 7as added by section #bbb7;a771 and section #bfi of such ,act 7as added by section #bbc7;a77 does not exceed the amount by which-- 7#a7 the total amount the ,secretary would pay in that fiscal year to officer candidates under section #bjc7;f77#a7 of title #cg1 ,united ,states ,code 7as added by section #bdf7;d771 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-#a with less than #b years of service2 exceeds 7#b7 the total amount the ,secretary actually pays in that fiscal year to officer candidates under section #bjc7;f77#a7 of such title 7as so added74 7b7 ,officer candidate defined ,in this section1 the term officer candidate has the meaning given the term in section #bab of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb 7#cc ,u4,s4,c4 #cjjb71 as added by section #bdf7;c74 #bbe4 ,applicability of certain provisions of title #aj1 ,united ,states ,code1 and extension of certain authorities applicable to members of the ,armed ,forces to commissioned officer corps 7a7 ,applicability of certain provisions of title #aj ,section #bfa7;a7 7#cc ,u4,s4,c4 #cjga7;a77 is amended-- 7#a7 by redesignating paragraphs 7#ac7 through 7#af7 as paragraphs 7#bj7 through 7#bc71 respectively2 7#b7 by redesignating paragraphs 7#g7 through 7#ab7 as paragraphs 7#ab7 through 7#ag71 respectively2 7#c7 by redesignating paragraphs 7#d7 through 7#f7 as paragraphs 7#h7 through 7#aj71 respectively2 7#d7 by inserting after paragraph 7#c7 the following3 7#d7 ,section #gga1 relating to unauthorized wearing of uniforms4 7#e7 ,section #ggd1 relating to wearing religious apparel while in uniform4 7#f7 ,section #ihb1 relating to service on ,state and local juries4 7#g7 ,section #ajca1 relating to administration of oaths4 2 7#e7 by inserting after paragraph 7#aj71 as redesignated1 the following3 7#aa7 ,chapter #eh1 relating to the ,benefits and ,services for members being separated or recently separated4 2 and 7#f7 by inserting after paragraph 7#ag71 as redesignated1 the following3 7#ah7 ,subchapter ,i of chapter #hh1 relating to ,military ,family ,programs4 7#ai7 ,section #bjje1 relating to advanced education assistance1 active duty agreements1 and reimbursement requirements4 4 7b7 ,extension of certain authorities 7#a7 ,notarial services ,section #ajdd;a of title #aj1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a77#a71 by striking armed forces and inserting uniformed services2 and 7,b7 in subsection 7b77#d71 by striking armed forces both places it appears and inserting uniformed services4 7#b7 ,acceptance of voluntary services for programs serving members and their families ,section #aehh of such title is amended-- 7,a7 in subsection 7a77#c71 by striking armed forces and inserting uniformed services2 and 7,b7 by adding at the end the following new subsection3 7g7 ,secretary concerned for acceptance of services for programs serving members of ,,noaa and their families ,for purposes of the acceptance of services described in subsection 7a77#c71 the term ,secretary concerned in subsection 7a7 shall include the ,secretary of ,commerce with respect to members of the ,national ,oceanic and ,atmospheric ,administration4 4 7#c7 ,capstone course for newly selected flag officers ,section #baec of such title is amended-- 7,a7 in subsection 7a7-- 7i7 by inserting or the commissioned corps of the ,national ,oceanic and ,atmospheric ,administration after in the case of the ,navy2 and 7ii7 by striking other armed forces and inserting other uniformed services2 and 7,b7 in subsection 7b77#a71 by inserting or the ,secretary of ,commerce1 as applicable1 after the ,secretary of ,defense4 #bbf4 ,applicability of certain provisions of title #cg1 ,united ,states ,code 7a7 ,in general ,subtitle ,e 7#cc ,u4,s4,c4 #cjga et seq47 is amended by inserting after section #bfa the following3 #bfa;,a4 ,applicability of certain provisions of title #cg1 ,united ,states ,code 7a7 ,provisions made applicable to commissioned officer corps ,the provisions of law applicable to the ,armed ,forces under the following provisions of title #cg1 ,united ,states ,code1 shall apply to the commissioned officer corps of the ,administration3 7#a7 ,section #cbd1 relating to accession bonuses for new officers in critical skills4 7#b7 ,section #djc7;f77#c71 relating to prescribing regulations defining the terms field duty and sea duty4 7#c7 ,section #djc7l71 relating to temporary continuation of housing allowance for dependents of members dying on active duty4 7#d7 ,section #dad7;a77#b71 relating to personal money allowance while serving as ,director of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps4 7#e7 ,section #dhh1 relating to allowances for recruiting expenses4 7#f7 ,section #die1 relating to allowances for funeral honors duty4 7b7 ,references ,the authority vested by title #cg1 ,united ,states ,code1 in the military departments1 the ,secretary concerned1 or the ,secretary of ,defense with respect to the provisions of law referred to in subsection 7a7 shall be exercised1 with respect to the commissioned officer corps of the ,administration1 by the ,secretary of ,commerce or the ,secretary's designee4 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,service ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb7 is amended by inserting after the item relating to section #bfa the following3 ,sec4 #bfa;,a4 ,applicability of certain provisions of title #cg1 ,united ,states ,code4 4 #bbg4 ,legion of ,merit award ,section #aaba of title #aj1 ,united ,states ,code1 is amended by striking armed forces and inserting uniformed services4 #bbh4 ,prohibition on retaliatory personnel actions 7a7 ,in general ,subsection 7a7 of section #bfa 7#cc ,u4,s4,c4 #cjga71 as amended by section #bbe1 is further amended-- 7#a7 by redesignating paragraphs 7#h7 through 7#bc7 as paragraphs 7#i7 through 7#bd71 respectively2 and 7#b7 by inserting after paragraph 7#g7 the following3 7#h7 ,section #ajcd1 relating to protected communications and prohibition of retaliatory personnel actions4 4 7b7 ,conforming amendment ,subsection 7b7 of such section is amended by adding at the end the following3 ,for purposes of paragraph 7#h7 of subsection 7a71 the term ,inspector ,general in section #ajcd of such title #aj shall mean the ,inspector ,general of the ,department of ,commerce44 #bbi4 ,penalties for wearing uniform without authority ,section #gjb of title #ah1 ,united ,states ,code1 is amended by striking ,service or any and inserting ,service1 the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration1 or any4 #bcj4 ,application of certain provisions of competitive service law ,section #ccjd7;f7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by inserting and members of the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration 7or its predecessor organization the ,coast and ,geodetic ,survey7 separated from such uniformed service after separated from the armed forces2 7#b7 in paragraph 7#b71 by striking or veteran and inserting 1 veteran1 or member2 and 7#c7 in paragraph 7#d71 by inserting and members of the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration 7or its predecessor organization the ,coast and ,geodetic ,survey7 separated from such uniformed service after separated from the armed forces4 #bca4 ,employment and reemployment rights ,section #dcjc7af7 of title #ch1 ,united ,states ,code1 is amended by inserting the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration1 after ,public ,health ,service14 #bcb4 ,treatment of commission in commissioned officer corps for purposes of certain hiring decisions 7a7 ,in general ,subtitle ,e 7#cc ,u4,s4,c4 #cjga et seq471 as amended by this title1 is further amended by adding at the end the following3 #bfi;,a4 ,treatment of commission in commissioned officer corps as employment in ,administration for purposes of certain hiring decisions 7a7 ,in general ,in any case in which the ,secretary accepts an application for a position of employment with the ,administration and limits consideration of applications for such position to applications submitted by individuals serving in a career or career-conditional position in the competitive service within the ,administration1 the ,secretary shall deem an officer who has served as an officer in the commissioned officer corps for at least #c years to be serving in a career or career-conditional position in the competitive service within the ,administration for purposes of such limitation4 7b7 ,career appointments ,if the ,secretary selects an application submitted by an officer described in subsection 7a7 for a position described in such subsection1 the ,secretary shall give such officer a career or career-conditional appointment in the competitive service1 as appropriate4 7c7 ,competitive service defined ,in this section1 the term competitive service has the meaning given the term in section #bajb of title #e1 ,united ,states ,code4 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,service ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb7 is amended by inserting after the item relating to section #bfi1 as added by this title1 the following new item3 ,sec4 #bfi;,a4 ,treatment of commission in commissioned officer corps as employment in ,administration for purposes of certain hiring decisions4 4 #bcc4 ,direct hire authority 7a7 ,in general ,the head of a ,federal agency may appoint1 without regard to the provisions of subchapter ,i of chapter #cc of title #e1 ,united ,states ,code1 other than sections #ccjc and #ccbh of such title1 a qualified candidate described subsection 7b7 directly to a position in the agency for which the candidate meets qualification standards of the ,office of ,personnel ,management4 7b7 ,candidates described ,a candidate described in this subsection is a current or former member of the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration who-- 7#a7 fulfilled his or her obligated service requirement under section #baf of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb1 as added by section #bac2 7#b7 if no longer a member of the commissioned officer corps of the ,administration1 was discharged or released therefrom under conditions other than dishonorable2 and 7#c7 has been separated or released from service in the commissioned officer corps of the ,administration for a period of not more than #e years4 7c7 ,effective date ,this section shall apply with respect to appointments made in fiscal year #bjaf and in each fiscal year thereafter4 ,c ,appointments and promotion of officers #bda4 ,appointments 7a7 ,original appointments 7#a7 ,in general ,section #bba 7#cc ,u4,s4,c4 #cjba7 is amended to read as follows3 #bba4 ,original appointments and reappointments 7a7 ,original appointments 7#a7 ,grades 7,a7 ,in general ,except as provided in subparagraph 7,b71 an original appointment of an officer may be made in such grades as may be appropriate for-- 7i7 the qualification1 experience1 and length of service of the appointee2 and 7ii7 the commissioned officer corps of the ,administration4 7,b7 ,appointment of officer candidates 7i7 ,limitation on grade ,an original appointment of an officer candidate1 upon graduation from the basic officer training program of the commissioned officer corps of the ,administration1 may not be made in any other grade than ensign4 7ii7 ,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 graduation4 7#b7 ,source of appointments ,an original appointment may be made from among the following3 7,a7 ,graduates of the basic officer training program of the commissioned officer corps of the ,administration4 7,b7 ,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 7,a74 7,c7 ,graduates of the maritime academies of the ,states who-- 7i7 otherwise meet the academic standards for enrollment in the training program described in subparagraph 7,a72 7ii7 completed at least #c years of regimented training while at a maritime academy of a ,state2 and 7iii7 obtained an unlimited tonnage or unlimited horsepower ,merchant ,mariner ,credential from the ,united ,states ,coast ,guard4 7,d7 ,licensed officers of the ,united ,states merchant marine who have served #b or more years aboard a vessel of the ,united ,states in the capacity of a licensed officer1 who otherwise meet the academic standards for enrollment in the training program described in subparagraph 7,a74 7#c7 ,definitions ,in this subsection3 7,a7 ,maritime academies of the ,states ,the term maritime academies of the ,states means the following3 7i7 ,california ,maritime ,academy1 ,vallejo1 ,california4 7ii7 ,great ,lakes ,maritime ,academy1 ,traverse ,city1 ,michigan4 7iii7 ,maine ,maritime ,academy1 ,castine1 ,maine4 7iv7 ,massachusetts ,maritime ,academy1 ,buzzards ,bay1 ,massachusetts4 7v7 ,state ,university of ,new ,york ,maritime ,college1 ,fort ,schuyler1 ,new ,york4 7vi7 ,texas ,a,m ,maritime ,academy1 ,galveston1 ,texas4 7,b7 ,military service academies of the ,united ,states ,the term military service academies of the ,united ,states means the following3 7i7 ,the ,united ,states ,military ,academy1 ,west ,point1 ,new ,york4 7ii7 ,the ,united ,states ,naval ,academy1 ,annapolis1 ,maryland4 7iii7 ,the ,united ,states ,air ,force ,academy1 ,colorado ,springs1 ,colorado4 7iv7 ,the ,united ,states ,coast ,guard ,academy1 ,new ,london1 ,connecticut4 7v7 ,the ,united ,states ,merchant ,marine ,academy1 ,kings ,point1 ,new ,york4 7b7 ,reappointment 7#a7 ,in general ,except as provided in paragraph 7#b71 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 separation4 7#b7 ,reappointments to higher grades ,an appointment under paragraph 7#a7 to a position of importance and responsibility designated under section #bbh may only be made by the ,president4 7c7 ,qualifications ,an appointment under subsection 7a7 or 7b7 may not be given to an individual until the individual's mental1 moral1 physical1 and professional fitness to perform the duties of an officer has been established under such regulations as the ,secretary shall prescribe4 7d7 ,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 grade4 ,appointees whose dates of commission are the same shall take precedence with each other as the ,secretary shall determine4 7e7 ,inter-,service transfers ,for inter-service transfers 7as described in the ,department of ,defense ,directive #acjj4d 7dated ,december #bg1 #bjjf77 the ,secretary shall-- 7#a7 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 transfers2 7#b7 give preference to such inter-service transfers for recruitment purposes as determined appropriate by the ,secretary2 and 7#c7 reappoint such inter-service transfers to the equivalent grade in the commissioned officer corps4 4 7#b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,service ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb7 is amended by striking the item relating to section #bba and inserting the following3 ,sec4 #bba4 ,original appointments and reappointments4 4 #bdb4 ,personnel boards ,section #bbb 7#cc ,u4,s4,c4 #cjbb7 is amended to read as follows3 #bbb4 ,personnel boards 7a7 ,convening ,not less frequently than once each year and at such other times as the ,secretary determines necessary1 the ,secretary shall convene a personnel board4 7b7 ,membership 7#a7 ,in general ,a board convened under subsection 7a7 shall consist of #e or more officers who are serving in or above the permanent grade of the officers under consideration by the board4 7#b7 ,retired officers ,officers on the retired list may be recalled to serve on such personnel boards as the ,secretary considers necessary4 7#c7 ,no membership on #b successive boards ,no officer may be a member of #b successive personnel boards convened to consider officers of the same grade for promotion or separation4 7c7 ,duties ,each personnel board shall-- 7#a7 recommend to the ,secretary such changes as may be necessary to correct any erroneous position on the lineal list that was caused by administrative error2 and 7#b7 make selections and recommendations to the ,secretary and the ,president for the appointment1 promotion1 involuntary separation1 continuation1 and involuntary retirement of officers in the commissioned officer corps of the ,administration as prescribed in this title4 7d7 ,action on recommendations not acceptable ,if any recommendation by a board convened under subsection 7a7 is not accepted by the ,secretary or the ,president1 the board shall make such further recommendations as the ,secretary or the ,president consider appropriate4 4 #bdc4 ,delegation of authority ,section #bbf 7#cc ,u4,s4,c4 #cjbf7 is amended-- 7#a7 by striking ,appointments and inserting the following3 7a7 ,in general ,appointments 2 and 7#b7 by adding at the end the following3 7b7 ,delegation of appointment authority ,if the ,president delegates authority to the ,secretary to make appointments under this section1 the ,president shall1 during a period in which the position of the ,secretary is vacant1 delegate such authority to the ,deputy ,secretary of ,commerce or the ,under ,secretary for ,oceans and ,atmosphere during such period4 4 #bdd4 ,assistant ,administrator of the ,office of ,marine and ,aviation ,operations ,section #bbh7;c7 7#cc ,u4,s4,c4 #cjbh7;c77 is amended-- 7#a7 in the fourth sentence1 by striking ,director and inserting ,assistant ,administrator2 and 7#b7 in the heading1 by inserting ,assistant ,administrator of the before ,office4 #bde4 ,temporary appointments 7a7 ,in general ,section #bbi 7#cc ,u4,s4,c4 #cjbi7 is amended to read as follows3 #bbi4 ,temporary appointments 7a7 ,appointments by ,president ,temporary appointments in the grade of ensign1 lieutenant junior grade1 or lieutenant may be made by the ,president4 7b7 ,termination ,a temporary appointment to a position under subsection 7a7 shall terminate upon approval of a permanent appointment for such position made by the ,president4 7c7 ,order of precedence ,appointees under subsection 7a7 shall take precedence in the grade to which appointed in accordance with the dates of their appointments as officers in such grade4 ,the order of precedence of appointees who are appointed on the same date shall be determined by the ,secretary4 7d7 ,any one grade ,when determined by the ,secretary to be in the best interest of the commissioned officer corps1 officers in any permanent grade may be temporarily promoted one grade by the ,president4 ,any such temporary promotion terminates upon the transfer of the officer to a new assignment4 7e7 ,delegation of appointment authority ,if the ,president delegates authority to the ,secretary to make appointments under this section1 the ,president shall1 during a period in which the position of the ,secretary is vacant1 delegate such authority to the ,deputy ,secretary of ,commerce or the ,under ,secretary for ,oceans and ,atmosphere during such period4 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,service ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb7 is amended by striking the item relating to section #bbi and inserting the following3 ,sec4 #bbi4 ,temporary appointments4 4 #bdf4 ,officer candidates 7a7 ,in general ,subtitle ,b 7#cc ,u4,s4,c4 #cjba et seq47 is amended by adding at the end the following3 #bcd4 ,officer candidates 7a7 ,determination of number ,the ,secretary shall determine the number of appointments of officer candidates4 7b7 ,appointment ,appointment of officer candidates shall be made under regulations which the ,secretary shall prescribe1 including regulations with respect to determining age limits1 methods of selection of officer candidates1 term of service as an officer candidate before graduation from the program1 and all other matters affecting such appointment4 7c7 ,dismissal ,the ,secretary may dismiss from the basic officer training program of the ,administration any officer candidate who1 during the officer candidate's term as an officer candidate1 the ,secretary considers unsatisfactory in either academics or conduct1 or not adapted for a career in the commissioned officer corps of the ,administration4 ,officer candidates shall be subject to rules governing discipline prescribed by the ,director of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps4 7d7 ,agreement 7#a7 ,in general ,each officer candidate shall sign an agreement with the ,secretary in accordance with section #baf7;a77#b7 regarding the officer candidate's term of service in the commissioned officer corps of the ,administration4 7#b7 ,elements ,an agreement signed by an officer candidate under paragraph 7#a7 shall provide that the officer candidate agrees to the following3 7,a7 ,that the officer candidate will complete the course of instruction at the basic officer training program of the ,administration4 7,b7 ,that upon graduation from the such program1 the officer candidate-- 7i7 will accept an appointment1 if tendered1 as an officer2 and 7ii7 will serve on active duty for at least #d years immediately after such appointment4 7e7 ,regulations ,the ,secretary shall prescribe regulations to carry out this section4 ,such regulations shall include-- 7#a7 standards for determining what constitutes a breach of an agreement signed under such subsection 7d77#a72 and 7#b7 procedures for determining whether such a breach has occurred4 7f7 ,repayment ,an officer candidate or former officer candidate who does not fulfill the terms of the obligation to serve as specified under subsection 7d7 shall be subject to the repayment provisions of section #baf7;b74 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,service ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb7 is amended by inserting after the item relating to section #bcc the following3 ,sec4 #bcd4 ,officer candidates4 4 7c7 ,officer candidate defined ,section #bab7;b7 7#cc ,u4,s4,c4 #cjjb7;b77 is amended-- 7#a7 by redesignating paragraphs 7#d7 through 7#f7 as paragraphs 7#e7 through 7#g71 respectively2 and 7#b7 by inserting after paragraph 7#c7 the following3 7#d7 ,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 #bba7;a77#b77;,a74 4 7d7 ,pay for officer candidates ,section #bjc of title #cg1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 7#a7 ,an officer candidate enrolled in the basic officer training program of the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration is entitled1 while participating in such program1 to monthly officer candidate pay at the monthly rate equal to the basic pay of an enlisted member in the pay grade ,e-#e with less than #b years service4 7#b7 ,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 officer4 ,if the individual does not graduate from such program1 such time shall not be considered creditable for active duty or pay4 4 #bdg4 ,procurement of personnel 7a7 ,in general ,subtitle ,b 7#cc ,u4,s4,c4 #cjba et seq471 as amended by section #bdf7;a71 is further amended by adding at the end the following3 #bce4 ,procurement of personnel ,the ,secretary may make such expenditures as the ,secretary considers necessary in order to obtain recruits for the commissioned officer corps of the ,administration1 including advertising4 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,service ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb71 as amended by section #bdf7;b71 is further amended by inserting after the item relating to section #bcd the following3 ,sec4 #bce4 ,procurement of personnel4 4 ,d ,separation and retirement of officers #bea4 ,involuntary retirement or separation ,section #bda 7#cc ,u4,s4,c4 #cjda7 is amended by adding at the end the following3 7d7 ,deferment of retirement or separation for medical reasons 7#a7 ,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 section1 the ,secretary may defer the retirement or separation of the officer4 7#b7 ,consent required ,a deferment may only be made with the written consent of the officer involved4 ,if the officer does not provide written consent to the deferment1 the officer shall be retired or separated as scheduled4 7#c7 ,limitation ,a deferral of retirement or separation under this subsection may not extend for more than #cj days after completion of the evaluation requiring hospitalization or medical observation4 4 #beb4 ,separation pay ,section #bdb 7#cc ,u4,s4,c4 #cjdb7 is amended by adding at the end the following3 7d7 ,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-- 7#a7 expresses a desire not to be selected for promotion2 or 7#b7 requests removal from the list of selectees4 4 ,,iii ,hydrographic services #cja4 ,reauthorization of ,hydrographic ,services ,improvement ,act of #aiih 7a7 ,reauthorizations ,section #cjf of the ,hydrographic ,services ,improvement ,act of #aiih 7#cc ,u4,s4,c4 #hib;d7 is amended-- 7#a7 in the matter before paragraph 7#a71 by striking ,there are and inserting the following3 7a7 ,in general ,there are 2 7#b7 in subsection 7a7 7as designated by paragraph 7#a77-- 7,a7 in paragraph 7#a71 by striking surveys-- and all that follows through the end of the paragraph and inserting surveys1 #gj1had1jjj for each of fiscal years #bjaf through #bjbj42 7,b7 in paragraph 7#b71 by striking vessels-- and all that follows through the end of the paragraph and inserting vessels1 #be1jjj1jjj for each of fiscal years #bjaf through #bjbj42 7,c7 in paragraph 7#c71 by striking ,administration-- and all that follows through the end of the paragraph and inserting ,administration1 #bi1icb1jjj for each of fiscal years #bjaf through #bjbj42 7,d7 in paragraph 7#d71 by striking title-- and all that follows through the end of the paragraph and inserting title1 #bf1hjj1jjj for each of fiscal years #bjaf through #bjbj42 and 7,e7 in paragraph 7#e71 by striking title-- and all that follows through the end of the paragraph and inserting title1 #cj1efd1jjj for each of fiscal years #bjaf through #bjbj42 and 7#c7 by adding at the end the following3 7b7 ,arctic programs ,of the amount authorized by this section for each fiscal year-- 7#a7 #e1jjj1jjj is authorized for use to acquire hydrographic data1 provide hydrographic services1 conduct coastal change analyses necessary to ensure safe navigation1 and improve the management of coastal change in the ,arctic2 and 7#b7 #b1jjj1jjj is authorized for use to acquire hydrographic data and provide hydrographic services in the ,arctic necessary to delineate the ,united ,states extended ,continental ,shelf4 4 7b7 ,limitation on administrative expenses for surveys ,section #cjf of such ,act 7#cc ,u4,s4,c4 #hib;d7 is further amended by adding at the end the following3 7c7 ,limitation on administrative expenses for surveys ,of amounts authorized by this section for each fiscal year for contract hydrographic surveys1 not more than #e percent is authorized for administrative costs associated with contract management4 4