S. 1068 — what changed
National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2013
From Reported in Senate to Engrossed in Senate. 3 sections amended and 1 added between Reported in Senate and Engrossed in Senate.
Sec. 204 Temporary appointments
added
In general— Section 229 (33 U.S.C. 3029) is amended to read as follows:
added “229. Temporary appointments
added “(a) Appointments by President—Temporary appointments in the grade of ensign, lieutenant junior grade, or lieutenant may be made by the President.
added “(b) Termination—A temporary appointment to a position under subsection (a) shall terminate upon approval of a permanent appointment for such position made by the President.
added “(c) Order of precedence—Appointees under subsection (a) shall take precedence in the grade to which appointed in accordance with the dates of their appointments as officers in such grade. The order of precedence of appointees who are appointed on the same date shall be determined by the Secretary.
added “(d) Any one grade—When determined by the Secretary to be in the best interest of the commissioned officer corps, officers in any permanent grade may be temporarily promoted one grade by the President. Any such temporary promotion terminates upon the transfer of the officer to a new assignment.
added “(e) Delegation of appointment authority—If the President delegates authority to the Secretary to make appointments under this section, the President shall, during a period in which the position of the Secretary is vacant, delegate such authority to the Deputy Secretary of Commerce or the Under Secretary for Oceans and Atmosphere during such period.”
added
Clerical amendment— The table of sections in section 1 of the Act entitled “An Act to authorize the Hydrographic Service Improvement Act of 1998, and for other purposes” (Public Law 107–372) is amended by striking the item relating to section 229 and inserting the following:
removed
Section 229 (33 U.S.C. 3029) is amended to read as follows:
removed
“229. Temporary appointments
removed
“(a) Appointments by President—Temporary appointments in the grade of ensign, lieutenant junior grade, or lieutenant may be made by the President.
removed
“(b) Termination—A temporary appointment to a position under subsection (a) shall terminate upon approval of a permanent appointment for such position made by the President.
removed
“(c) Order of precedence—Appointees under subsection (a) shall take precedence in the grade to which appointed in accordance with the dates of their appointments as officers in such grade. The order of precedence of appointees who are appointed on the same date shall be determined by the Secretary.
removed
“(d) Any one grade—When determined by the Secretary to be in the best interest of the commissioned officer corps, officers in any permanent grade may be temporarily promoted one grade by the President. Any such temporary promotion terminates upon the transfer of the officer to a new assignment.
removed
“(e) Delegation of appointment authority—If the President delegates authority to the Secretary to make appointments under this section, the President shall, during a period in which the position of the Secretary is vacant, delegate such authority to the Deputy Secretary of Commerce or the Under Secretary for Oceans and Atmosphere during such period.”
Sec. 205 Officer candidates
In general— Subtitle B (33 U.S.C. 3021 et seq.) is amended by adding at the end the following:
“234. Officer candidates
“(a) Determination of number—The Secretary shall determine the number of appointments of officer candidates.
“(b) Appointment—Appointment of officer candidates shall be made under regulations which the Secretary shall prescribe, including regulations with respect to determining age limits, methods of selection of officer candidates, term of service as an officer candidate before graduation from the program, and all other matters affecting such appointment.
“(c) Dismissal—The Secretary may dismiss from the basic officer training program of the Administration any officer candidate who, during the officer candidate's term as an officer candidate, the Secretary considers unsatisfactory in either academics or conduct, or not adapted for a career in the commissioned officer corps of the Administration. Officer candidates shall be subject to rules governing discipline prescribed by the Director of the National Oceanic and Atmospheric Administration Commissioned Officer Corps.
“(d) Agreement
“(1) In general—Each officer candidate shall sign an agreement with the Secretary in accordance with section 216(a)(2) regarding the officer candidate's term of service in the commissioned officer corps of the Administration.
“(2) Elements—An agreement signed by an officer candidate under paragraph (1) shall provide that the officer candidate agrees to the following:
“(A) That the officer candidate will complete the course of instruction at the basic officer training program of the Administration.
“(B) That upon graduation from the such program, the officer candidate—
“(i) will accept an appointment, if tendered, as an officer; and
“(ii) will serve on active duty for at least 4 years immediately after such appointment.
“(e) Regulations—The Secretary shall prescribe regulations to carry out this section. Such regulations shall include—
“(1) standards for determining what constitutes a breach of an agreement signed under such subsection (d)(1); and
“(2) procedures for determining whether such a breach has occurred.
“(f) Repayment—An officer candidate or former officer candidate who does not fulfill the terms of the obligation to serve as specified under section (d) shall be subject to the repayment provisions of section 216(b).”
Clerical amendment— The table of sections in section 1 of the Act entitled “An Act to authorize the Hydrographic Service Improvement Act of 1998, and for other purposes” (Public Law 107–372) is amended by inserting after the item relating to section 233 the following:
changed
Officer candidate defined— Section 212 212(b) (33 U.S.C. 3002) 3002(b)) is amended—
by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively; and
by inserting after paragraph (3) the following:
“(4) Officer candidate—The term officer candidate means an individual who is enrolled in the basic officer training program of the Administration and is under consideration for appointment as an officer under section 221(a)(2)(A).”
Pay for officer candidates— Section 203 of title 37, United States Code, is amended by adding at the end the following:
“(f)
“(1) An officer candidate enrolled in the basic officer training program of the commissioned officer corps of the National Oceanic and Atmospheric Administration is entitled, while participating in such program, to monthly officer candidate pay at monthly rate equal to the basic pay of an enlisted member in the pay grade E–5 with less than 2 years service.
“(2) An individual who graduates from such program shall receive credit for the time spent participating in such program as if such time were time served while on active duty as a commissioned officer. If the individual does not graduate from such program, such time shall not be considered creditable for active duty or pay.”
Sec. 406 Applicability of certain provisions of title 37, United States Code
In general— Subtitle E (33 U.S.C. 3071 et seq.) is amended by inserting after section 261 the following:
“261A. Applicability of certain provisions of title 37, United States Code
“(a) Provisions made applicable to commissioned officer corps—The provisions of law applicable to the Armed Forces under the following provisions of title 37, United States Code, shall apply to the commissioned officer corps of the Administration:
“(1) Section 324, relating to accession bonuses for new officers in critical skills.
“(2) Section 403(f)(3), relating to prescribing regulations defining the terms field duty and sea duty.
“(3) Section 403(l), relating to temporary continuation of housing allowance for dependents of members dying on active duty.
“(4) Section 414(a)(2), relating to personal money allowance while serving as Director of the National Oceanic and Atmospheric Administration Commissioned Officer Corps.
changed
“(5) Section 428, 488, relating to allowances for recruiting expenses.
changed
“(6) Section 435, 495, relating to allowances for funeral honors duty.
“(b) References—The authority vested by title 37, United States Code, in the “military departments”, “the Secretary concerned”, or “the Secretary of Defense” with respect to the provisions of law referred to in subsection (a) shall be exercised, with respect to the commissioned officer corps of the Administration, by the Secretary of Commerce or the Secretary's designee.”
changed
Clerical amendment— The table of sections in section 1 of the Act entitled “An Act to authorize the Hydrographic Service Improvement Act of 1998, and for other purposes” (Public Law 107–372), as amended by section 404(b), 107–372) is further amended by inserting after the item relating to section 269 261 the following:
Sec. 412 Treatment of commission in commissioned officer corps as employment in National Oceanic and Atmospheric Administration for purposes of certain hiring decisions
added
added
In general— Subtitle E (33 U.S.C. 3071 et seq.), as amended by this title, is further amended by adding at the end the following:
added “269A. Treatment of commission in commissioned officer corps as employment in Administration for purposes of certain hiring decisions
added “(a) 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 Administration, the Secretary shall deem an officer who has served as an officer in the commissioned officer corps for at least 3 years to be serving in a career or career-conditional position in the competitive service within the Administration for purposes of such limitation.
added “(b) Career appointments—If the Secretary selects an application submitted by an officer described in subsection (a) for a position described in such subsection, the Secretary shall give such officer a career or career-conditional appointment in the competitive service, as appropriate.
added “(c) Competitive service defined—In this section, the term competitive service has the meaning given the term in section 2102 of title 5, United States Code.”
added
Clerical amendment— The table of sections in section 1 of the Act entitled “An Act to authorize the Hydrographic Service Improvement Act of 1998, and for other purposes” (Public Law 107–372) is amended by inserting after the item relating to section 269, as added by this title, the following new item: