,,ii #aafth ,,congress #ast ,session ,s4 #biha ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #d1 #bjai,mr4 ,sullivan 7for himself and ,mr4 ,schatz7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to reauthorize and amend the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb1 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 ,commissioned ,officer ,corps ,amendments ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,references to ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb4,,title ,i--,general provisions,sec4 #aja4 ,strength and distribution in grade4,sec4 #ajb4 ,recalled officers4,sec4 #ajc4 ,obligated service requirement4,sec4 #ajd4 ,training and physical fitness4,sec4 #aje4 ,aviation accession training programs4,sec4 #ajf4 ,recruiting materials4,sec4 #ajg4 ,procurement of charting and survey services4,sec4 #ajh4 ,technical correction4,,title ,,ii--,parity and recruitment,sec4 #bja4 ,education loans4,sec4 #bjb4 ,interest payments4,sec4 #bjc4 ,student pre-commissioning program4,sec4 #bjd4 ,limitation on educational assistance4,sec4 #bje4 ,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 #bjf4 ,applicability of certain provisions of title #cg1 ,united ,states ,code4,sec4 #bjg4 ,prohibition on retaliatory personnel actions4,sec4 #bjh4 ,application of certain provisions of competitive service law4,sec4 #bji4 ,employment and reemployment rights4,sec4 #baj4 ,treatment of commission in commissioned officer corps for purposes of certain hiring decisions4,,title ,,iii--,appointments and promotion of officers,sec4 #cja4 ,appointments4,sec4 #cjb4 ,personnel boards4,sec4 #cjc4 ,positions of importance and responsibility4,sec4 #cjd4 ,temporary appointments4,sec4 #cje4 ,officer candidates4,sec4 #cjf4 ,procurement of personnel4,sec4 #cjg4 ,career intermission program4,,title ,,iv--,separation and retirement of officers,sec4 #dja4 ,involuntary retirement or separation4,sec4 #djb4 ,separation pay4 #b4 ,references to ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb ,except as otherwise expressly provided1 whenever in this ,act 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 ,i ,general provisions #aja4 ,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 ,grade distribution ,the ,secretary shall prescribe1 with respect to the distribution on the lineal list in grade1 the percentages applicable to the grades set forth in subsection 7a74 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 1 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 #ajb4 ,recalled officers 7a7 ,in general ,section #bae 7#cc ,u4,s4,c4 #cjje7 is amended to read as follows3 #bae4 ,number of authorized commissioned officers 7a7 ,in general ,the total number of authorized commissioned officers on the lineal list of the commissioned officer corps of the ,administration shall not exceed #ejj4 7b7 ,positions of importance and responsibility ,officers serving in positions designated under section #bbh and officers recalled from retired status or detailed to an agency other than the ,administration-- 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 7b7 ,clerical amendment ,the table of contents in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb7 is amended by striking the item relating to section #bae and inserting the following3 ,sec4 #bae4 ,number of authorized commissioned officers4 4 #ajc4 ,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 ,regulations ,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 is1 for all purposes1 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 contents in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,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 #ajd4 ,training and physical fitness 7a7 ,in general ,subtitle ,a 7#cc ,u4,s4,c4 #cjja et seq471 as amended by section #ajc7;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 educational materials4 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 contents in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb71 as amended by section #ajc7;b71 is further amended by inserting after the item relating to section #baf the following3 ,sec4 #bag4 ,training and physical fitness4 4 #aje4 ,aviation accession training programs 7a7 ,in general ,subtitle ,a 7#cc ,u4,s4,c4 #cjja et seq471 as amended by section #ajd7;a71 is further amended by adding at the end the following3 #bah4 ,aviation accession training programs 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,under ,secretary of ,commerce for ,oceans and ,atmosphere and the ,administrator of the ,national ,oceanic and ,atmospheric ,administration4 7#b7 ,member of the program ,the term member of the program means a student who is enrolled in the program4 7#c7 ,program ,the term program means an aviation accession training program of the commissioned officer corps of the ,administration established pursuant to subsection 7b74 7b7 ,aviation accession training programs 7#a7 ,establishment authorized ,the ,administrator1 under regulations prescribed by the ,secretary1 shall establish and maintain one or more aviation accession training programs for the commissioned officer corps of the ,administration at institutions described in paragraph 7#b74 7#b7 ,institutions described ,an institution described in this paragraph is an educational institution-- 7,a7 that requests to enter into an agreement with the ,administrator providing for the establishment of the program at the institution2 7,b7 that has1 as a part of its curriculum1 a #d-year baccalaureate program of professional flight and piloting instruction that is accredited by the ,aviation ,accreditation ,board ,international2 7,c7 that is located-- 7i7 not more than #bej miles from the ,national ,weather ,service ,training ,center2 and 7ii7 in a geographic area that-- 7,i7 experiences a wide variation in climate-related activity1 including frequent high winds1 convective activity 7including tornadoes71 periods of low visibility1 heat1 and snow and ice episodes1 to provide opportunities for pilots to demonstrate skill in all weather conditions compatible with future encounters during their service in the commissioned officer corps2 and 7,,ii7 has a climate that can accommodate both primary and advanced flight training activity at least #ge percent of the year2 and 7,d7 at which the ,administrator determines that-- 7i7 there will be at least #a student enrolled in the program2 and 7ii7 the provisions of this section are otherwise satisfied4 7#c7 ,limitations in connection with particular institutions ,the program may not be established or maintained at an institution unless-- 7,a7 the senior commissioned officer or employee of the commissioned officer corps who is assigned as an advisor to the program at that institution is given the academic rank of adjunct professor2 and 7,b7 the institution fulfills the terms of its agreement with the ,administrator4 7#d7 ,membership in connection with status as student ,at institutions at which the program is established1 the membership of students in the program shall be elective1 as provided by ,state law or the authorities of the institution concerned4 7c7 ,membership 7#a7 ,eligibility ,to be eligible for membership in the program an individual must-- 7,a7 be a student at an institution at which the program is established2 7,b7 be a citizen of the ,united ,states2 7,c7 contract in writing1 with the consent of a parent or guardian if a minor1 with the ,administrator1 to-- 7i7 accept an appointment1 if offered1 as a commissioned officer in the commissioned officer corps of the ,administration2 and 7ii7 to serve in the commissioned officer corps for not fewer than #d years2 7,d7 enroll in-- 7i7 a #d-year baccalaureate program of professional flight and piloting instruction2 and 7ii7 other training or education1 including basic officer training1 which is prescribed by the ,administrator as meeting the preliminary requirement for admission to the commissioned officer corps2 and 7,e7 execute a certificate or take an oath relating to morality and conduct in such form as the ,administrator prescribes4 7#b7 ,completion of program ,a member of the program may be appointed as a regular officer in the commissioned officer corps if the member meets all requirements for appointment as such an officer4 7d7 ,financial assistance for qualified members 7#a7 ,expenses of course of instruction 7,a7 ,in general ,in the case of a member of the program who meets such qualifications as the ,administrator establishes for purposes of this subsection1 the ,administrator may pay the expenses of the member in connection with pursuit of a course of professional flight and piloting instruction under the program1 including tuition1 fees1 educational materials such as books1 training1 certifications1 travel1 and laboratory expenses4 7,b7 ,assistance after fourth academic year ,in the case of a member of the program described in subparagraph 7,a7 who is enrolled in a course described in that subparagraph that has been approved by the ,administrator and requires more than #d academic years for completion1 including elective requirements of the program1 assistance under this subsection may also be provided during a fifth academic year or during a combination of a part of a fifth academic year and summer sessions4 7#b7 ,room and board ,in the case of a member eligible to receive assistance under paragraph 7#a71 the ,administrator may1 in lieu of payment of all or part of such assistance1 pay the room and board expenses of the member1 and other educational expenses1 of the educational institution concerned4 7#c7 ,failure to complete program or accept commission ,a member of the program who receives assistance under this subsection and who does not complete the course of instruction1 or who completes the course but declines to accept a commission in the commissioned officer corps when offered1 shall be subject to the repayment provisions of subsection 7e74 7e7 ,repayment of unearned portion of financial assistance when conditions of payment not met 7#a7 ,in general ,a member of the program who receives or benefits from assistance under subsection 7d71 and whose receipt of or benefit from such assistance is subject to the condition that the member fully satisfy the requirements of subsection 7c71 shall repay to the ,united ,states an amount equal to the assistance received or benefitted from if the member fails to fully satisfy such requirements and may not receive or benefit from any unpaid amounts of such assistance after the member fails to satisfy such requirements1 unless the ,administrator determines that the imposition of the repayment requirement and the termination of payment of unpaid amounts of such assistance with regard to the member would be-- 7,a7 contrary to a personnel policy or management objective2 7,b7 against equity and good conscience2 or 7,c7 contrary to the best interests of the ,united ,states4 7#b7 ,regulations ,the ,administrator may establish1 by regulations1 procedures for determining the amount of the repayment required under this subsection and the circumstances under which an exception to repayment may be granted4 ,the ,administrator may specify in the regulations the conditions under which financial assistance to be paid to a member of the program will not be made if the member no longer satisfies the requirements in subsection 7c7 or qualifications in subsection 7d7 for such assistance4 7#c7 ,obligation as debt to ,united ,states ,an obligation to repay the ,united ,states under this subsection is1 for all purposes1 a debt owed to the ,united ,states4 4 7b7 ,clerical amendment ,the table of contents in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb71 as amended by section #ajd7;b71 is further amended by inserting after the item relating to section #bag the following3 ,sec4 #bah4 ,aviation accession training programs4 4 #ajf4 ,recruiting materials 7a7 ,in general ,subtitle ,a 7#cc ,u4,s4,c4 #cjja et seq471 as amended by section #aje7;a71 is further amended by adding at the end the following3 #bai4 ,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 contents in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb71 as amended by section #aje7;b71 is further amended by inserting after the item relating to section #bag the following3 ,sec4 #bai4 ,use of recruiting materials for public relations4 4 #ajg4 ,procurement of charting and survey services 7a7 ,in general ,not later than #ij days after the development of the strategy required by section #ajjb7;b7 of the ,frank ,lo,biondo ,coast ,guard ,authorization ,act of #bjah 7,public ,law #aae-bhb2 #acb ,stat4 #dcfe71 the ,secretary of ,commerce shall enter into not fewer than #b multi-year contracts with #a or more private entities for the performance of charting and survey services by vessels4 7b7 ,charting and surveys in the ,arctic ,in soliciting and engaging the services of vessels under subsection 7a71 the ,secretary shall particularly emphasize the need for charting and surveys in the ,arctic4 #ajh4 ,technical correction ,section #aja7ba77;,c7 of title #ch1 ,united ,states ,code1 is amended by inserting in the commissioned officer corps before of the ,national4 ,,ii ,parity and recruitment #bja4 ,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 #a 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 7#d7 ,concurrent completion of service obligations ,a service obligation under this section may be completed concurrently with a service obligation under section #baf4 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 contents in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,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 #bjb4 ,interest payments 7a7 ,in general ,subtitle ,e 7#cc ,u4,s4,c4 #cjga et seq471 as amended by section #bja7;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;dd7j772 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 #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 #bfh 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 #bfh 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 contents in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb71 as amended by section #bja7;b71 is further amended by inserting after the item relating to section #bfg the following3 ,sec4 #bfh4 ,interest payment program4 4 #bjc4 ,student pre-commissioning program 7a7 ,in general ,subtitle ,e 7#cc ,u4,s4,c4 #cjga et seq471 as amended by section #bjb7;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-- 7,a7 agrees to accept an appointment as an officer1 if tendered2 and 7,b7 upon completion of the person's educational program1 agrees 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 educational materials4 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 prescribe such regulations and orders as the ,secretary considers appropriate to carry out this section4 7j7 ,concurrent completion of service obligations ,a service obligation under this section may be completed concurrently with a service obligation under section #baf4 4 7b7 ,clerical amendment ,the table of contents in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb71 as amended by section #bjb7;c71 is further amended by inserting after the item relating to section #bfh the following3 ,sec4 #bfi4 ,student pre-commissioning education assistance program4 4 #bjd4 ,limitation on educational assistance 7a7 ,in general ,each fiscal year1 beginning with the fiscal year in which this ,act is enacted1 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 #bja7;a771 section #bfh of such ,act 7as added by section #bjb7;a771 and section #bfi of such ,act 7as added by section #bjc7;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 #cje7;d771 if such section entitled officer 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 service1 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 paragraph 7#d7 of section #bab7;b7 of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb 7#cc ,u4,s4,c4 #cjjb71 as added by section #cje7;c74 #bje4 ,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#bb7 through 7#be71 respectively2 7#b7 by redesignating paragraphs 7#g7 through 7#ab7 as paragraphs 7#ad7 through 7#ai71 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 ,section #ajgdn1 relating to annual mental health assessments4 7#ab7 ,section #ajij;a1 relating to referrals for mental health evaluations4 7#ac7 ,chapter #eh1 relating to the ,benefits and ,services for members being separated or recently separated4 2 and 7#f7 by inserting after paragraph 7#ai71 as redesignated1 the following3 7#bj7 ,subchapter ,i of chapter #hh1 relating to ,military ,family ,programs4 7#ba7 ,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 in the matter before subparagraph 7,a71 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 corps 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 commissioned officer corps 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 officer 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 in the matter before subparagraph 7,a71 by inserting or the ,secretary of ,commerce1 as applicable1 after the ,secretary of ,defense4 #bjf4 ,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 #dae1 relating to initial uniform allowances4 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 ,personal money allowance ,section #dad7;a77#b7 of title #cg1 ,united ,states ,code1 is amended by inserting or the director of the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration after ,health ,service4 7c7 ,clerical amendment ,the table of contents in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,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 #bjg4 ,prohibition on retaliatory personnel actions 7a7 ,in general ,subsection 7a7 of section #bfa 7#cc ,u4,s4,c4 #cjga71 as amended by section #bje7;a71 is further amended-- 7#a7 by redesignating paragraphs 7#h7 through 7#be7 as paragraphs 7#i7 through 7#bf71 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 7c7 ,regulations ,such section is further amended by adding at the end the following3 7c7 ,regulations regarding protected communications and prohibition of retaliatory personnel actions ,the ,secretary may prescribe regulations to carry out the application of section #ajcd of title #aj1 ,united ,states ,code1 to the commissioned officer corps of the ,administration1 including by prescribing such administrative procedures for investigation and appeal within the commissioned officer corps as the ,secretary considers appropriate4 4 #bjh4 ,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 #bji4 ,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 #baj4 ,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 contents in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,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 section #bjc1 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 ,,iii ,appointments and promotion of officers #cja4 ,appointments 7a7 ,original appointments ,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 7b7 ,clerical amendment ,the table of contents in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,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 #cjb4 ,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 considers appropriate4 7e7 ,authority for officers ,to opt out of promotion consideration 7#a7 ,in general ,the ,director of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps may provide that an officer1 upon the officer's request and with the approval of the ,director1 be excluded from consideration for promotion by a personnel board convened under this section4 7#b7 ,approval ,the ,director shall approve a request made by an officer under subsection 7a7 only if-- 7,a7 the basis for the request is to allow the officer to complete a broadening assignment1 advanced education1 another assignment of significant value to the ,administration1 a career progression requirement delayed by the assignment or education1 or a qualifying personal or professional circumstance1 as determined by the ,director2 7,b7 the ,director determines the exclusion from consideration is in the best interest of the ,administration2 and 7,c7 the officer has not previously failed selection for promotion to the grade for which the officer requests the exclusion from consideration4 4 #cjc4 ,positions of importance and responsibility ,section #bbh 7#cc ,u4,s4,c4 #cjbh7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in the first sentence1 by striking ,the ,secretary shall designate one position under this section and inserting ,the ,president shall designate one position2 and 7,b7 in the second sentence1 by striking ,that position shall be filled by and inserting ,the ,president shall fill that position by appointing1 by and with the advice and consent of the ,senate12 7#b7 in subsection 7d77#b71 by inserting or immediately beginning a period of terminal leave after for which a higher grade is designated2 7#c7 by amending subsection 7e7 to read as follows3 7e7 ,limit on number of officers appointed ,the total number of officers serving on active duty at any one time in the grade of rear admiral 7lower half7 or above may not exceed five1 with only one serving in the grade of vice admiral4 2 and 7#d7 in subsection 7f71 by inserting or in a period of annual leave used at the end of the appointment after serving in that grade4 #cjd4 ,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 4 7b7 ,clerical amendment ,the table of contents in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,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 #cje4 ,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 regulations1 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 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 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 contents in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,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 monthly rates equal to the basic pay of an enlisted member in the pay grade ,e-#e with less than #b years of 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 #cjf4 ,procurement of personnel 7a7 ,in general ,subtitle ,b 7#cc ,u4,s4,c4 #cjba et seq471 as amended by section #cje7;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 contents in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb71 as amended by section #cje7;b71 is further amended by inserting after the item relating to section #bcd the following3 #bce4 ,procurement of personnel4 4 #cjg4 ,career intermission program 7a7 ,in general ,subtitle ,b 7#cc ,u4,s4,c4 #cjba et seq471 as amended by section #cjf7;a71 is further amended by adding at the end the following3 #bcf4 ,career flexibility to enhance retention of officers 7a7 ,programs authorized ,the ,secretary may carry out a program under which officers may be inactivated from active duty in order to meet personal or professional needs and returned to active duty at the end of such period of inactivation from active duty4 7b7 ,period of inactivation from active duty2 effect of inactivation 7#a7 ,in general ,the period of inactivation from active duty under a program under this section of an officer participating in the program shall be such period as the ,secretary shall specify in the agreement of the officer under subsection 7c71 except that such period may not exceed #c years4 7#b7 ,exclusion from retirement ,any period of participation of an officer in a program under this section shall not count toward eligibility for retirement or computation of retired pay under subtitle ,c4 7c7 ,agreement ,each officer who participates in a program under this section shall enter into a written agreement with the ,secretary under which that officer shall agree as follows3 7#a7 ,to undergo during the period of the inactivation of the officer from active duty under the program such inactive duty training as the ,director of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps shall require in order to ensure that the officer retains proficiency1 at a level determined by the ,director to be sufficient1 in the technical skills1 professional qualifications1 and physical readiness of the officer during the inactivation of the officer from active duty4 7#b7 ,following completion of the period of the inactivation of the officer from active duty under the program1 to serve #b months on active duty for each month of the period of the inactivation of the officer from active duty under the program4 7d7 ,conditions of release ,the ,secretary shall-- 7#a7 prescribe regulations specifying the guidelines regarding the conditions of release that must be considered and addressed in the agreement required by subsection 7c72 and 7#b7 at a minimum1 prescribe the procedures and standards to be used to instruct an officer on the obligations to be assumed by the officer under paragraph 7#b7 of such subsection while the officer is released from active duty4 7e7 ,order to active duty ,under regulations prescribed by the ,secretary1 an officer participating in a program under this section may1 in the discretion of the ,secretary1 be required to terminate participation in the program and be ordered to active duty4 7f7 ,pay and allowances 7#a7 ,basic pay ,during each month of participation in a program under this section1 an officer who participates in the program shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the officer would otherwise be entitled under section #bjd of title #cg1 ,united ,states ,code1 as a member of the uniformed services on active duty in the grade and years of service of the officer when the officer commences participation in the program4 7#b7 ,special or incentive pay or bonus 7,a7 ,prohibition ,an officer who participates in a program under this section shall not1 while participating in the program1 be paid any special or incentive pay or bonus to which the officer is otherwise entitled under an agreement under chapter #e of title #cg1 ,united ,states ,code1 that is in force when the officer commences participation in the program4 7,b7 ,not treated as failure to perform services ,the inactivation from active duty of an officer participating in a program under this section shall not be treated as a failure of the officer to perform any period of service required of the officer in connection with an agreement for a special or incentive pay or bonus under chapter #e of title #cg1 ,united ,states ,code1 that is in force when the officer commences participation in the program4 7#c7 ,return to active duty 7,a7 ,special or incentive pay or bonus ,subject to subparagraph 7,b71 upon the return of an officer to active duty after completion by the officer of participation in a program under this section-- 7i7 any agreement entered into by the officer under chapter #e of title #cg1 ,united ,states ,code1 for the payment of a special or incentive pay or bonus that was in force when the officer commenced participation in the program shall be revived1 with the term of such agreement after revival being the period of the agreement remaining to run when the officer commenced participation in the program2 and 7ii7 any special or incentive pay or bonus shall be payable to the officer in accordance with the terms of the agreement concerned for the term specified in clause 7i74 7,b7 ,limitation 7i7 ,in general ,subparagraph 7,a7 shall not apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to an officer if1 at the time of the return of the officer to active duty as described in that subparagraph-- 7,i7 such pay or bonus is no longer authorized by law2 or 7,,ii7 the officer does not satisfy eligibility criteria for such pay or bonus as in effect at the time of the return of the officer to active duty4 7ii7 ,pay or bonus ceases being authorized ,subparagraph 7,a7 shall cease to apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to an officer if1 during the term of the revived agreement of the officer under subparagraph 7,a77i71 such pay or bonus ceases being authorized by law4 7,c7 ,repayment ,an officer who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of subparagraph 7,b77i77,,ii7 shall be subject to the requirements for repayment of such pay or bonus in accordance with the terms of the applicable agreement of the officer under chapter #e of title #cg1 ,united ,states ,code4 7,d7 ,required service is additional ,any service required of an officer under an agreement covered by this paragraph after the officer returns to active duty as described in subparagraph 7,a7 shall be in addition to any service required of the officer under an agreement under subsection 7c74 7#d7 ,travel and transportation allowance 7,a7 ,in general ,subject to subparagraph 7,b71 an officer who participates in a program under this section is entitled1 while participating in the program1 to the travel and transportation allowances authorized by section #dgd of title #cg1 ,united ,states ,code1 for-- 7i7 travel performed from the residence of the officer1 at the time of release from active duty to participate in the program1 to the location in the ,united ,states designated by the officer as the officer's residence during the period of participation in the program2 and 7ii7 travel performed to the residence of the officer upon return to active duty at the end of the participation of the officer in the program4 7,b7 ,single residence ,an allowance is payable under this paragraph only with respect to travel of an officer to and from a single residence4 7#e7 ,leave balance ,an officer who participates in a program under this section is entitled to carry forward the leave balance existing as of the day on which the officer begins participation and accumulated in accordance with section #gja of title #aj1 but not to exceed #fj days4 7g7 ,promotion 7#a7 ,in general ,an officer participating in a program under this section shall not1 while participating in the program1 be eligible for consideration for promotion under subtitle ,b4 7#b7 ,return to service ,upon the return of an officer to active duty after completion by the officer of participation in a program under this section-- 7,a7 the ,secretary may adjust the date of rank of the officer in such manner as the ,secretary shall prescribe in regulations for purposes of this section2 and 7,b7 the officer shall be eligible for consideration for promotion when officers of the same competitive category1 grade1 and seniority are eligible for consideration for promotion4 7h7 ,continued entitlements ,an officer participating in a program under this section shall1 while participating in the program1 be treated as a member of the uniformed services on active duty for a period of more than #cj days for purposes of-- 7#a7 the entitlement of the officer and of the dependents of the officer to medical and dental care under the provisions of chapter #ee of title #aj2 and 7#b7 retirement or separation for physical disability under the provisions of subtitle ,c4 4 7b7 ,clerical amendment ,the table of contents in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb71 as amended by section #cjf7;b71 is further amended by inserting after the item relating to section #bce the following3 ,sec4 #bcf4 ,career flexibility to enhance retention of officers4 4 ,,iv ,separation and retirement of officers #dja4 ,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 deferment 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 #djb4 ,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