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Title II — Appointments and promotion of officers

S. 1068 · 113th Congress · Feb 11, 2014 · Lineage

II Appointments and promotion of officers

Sec. 201 Appointments

(a)
Original appointments—
(1)
In general— Section 221 (33 U.S.C. 3021) is amended to read as follows:

“221. Original appointments and reappointments

“(a) Original appointments

“(1) Grades

“(A) In general—Except as provided in subparagraph (B), an original appointment of an officer may be made in such grades as may be appropriate for—

“(i) the qualification, experience, and length of service of the appointee; and

“(ii) the commissioned officer corps of the Administration.

“(B) Appointment of officer candidates

“(i) Limitation on grade—An original appointment of an officer candidate, upon graduation from the basic officer training program of the commissioned officer corps of the Administration, may not be made in any other grade than ensign.

“(ii) Rank—Officer candidates receiving appointments as ensigns upon graduation from basic officer training program shall take rank according to their proficiency as shown by the order of their merit at date of graduation.

“(2) Source of appointments—An original appointment may be made from among the following:

“(A) Graduates of the basic officer training program of the commissioned officer corps of the Administration.

“(B) Graduates of the military service academies of the United States who otherwise meet the academic standards for enrollment in the training program described in subparagraph (A).

“(C) Licensed officers of the United States merchant marine who have served 2 or more years aboard a vessel of the United States in the capacity of a licensed officer, who otherwise meet the academic standards for enrollment in the training program described in subparagraph (A).

“(3) Military service academies of the United States defined—In this subsection, the term military service academies of the United States means the following:

“(A) The United States Military Academy, West Point, New York.

“(B) The United States Naval Academy, Annapolis, Maryland.

“(C) The United States Air Force Academy, Colorado Springs, Colorado.

“(D) The United States Coast Guard Academy, New London, Connecticut.

“(E) The United States Merchant Marine Academy, Kings Point, New York.

“(b) Reappointment

“(1) In general—Except as provided in paragraph (2), an individual who previously served in the commissioned officer corps of the Administration may be appointed by the Secretary to the grade the individual held prior to separation.

“(2) Reappointments to higher grades—An appointment under paragraph (1) to a position of importance and responsibility designated under section 228 may only be made by the President.

“(c) Qualifications—An appointment under subsection (a) or (b) may not be given to an individual until the individual's mental, moral, physical, and professional fitness to perform the duties of an officer has been established under such regulations as the Secretary shall prescribe.

“(d) Precedence of appointees—Appointees under this section shall take precedence in the grade to which appointed in accordance with the dates of their commissions as commissioned officers in such grade. Appointees whose dates of commission are the same shall take precedence with each other as the Secretary shall determine.

“(e) Inter-Service transfers—For inter-service transfers (as described in the Department of Defense Directive 1300.4 (dated December 27, 2006)) the Secretary shall—

“(1) coordinate with the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating to promote and streamline inter-service transfers;

“(2) give preference to such inter-service transfers for recruitment purposes as determined appropriate by the Secretary; and

“(3) reappoint such inter-service transfers to the equivalent grade in the commissioned officer corps.”

(2)
Clerical amendment— The table of sections in section 1 of the Act entitled “An Act to authorize the Hydrographic Service Improvement Act of 1998, and for other purposes” (Public Law 107–372) is amended by striking the item relating to section 221 and inserting the following:

Sec. 202 Personnel boards

Section 222 (33 U.S.C. 3022) is amended to read as follows:

“222. Personnel boards

“(a) Convening—Not less frequently than once each year and at such other times as the Secretary determines necessary, the Secretary shall convene a personnel board.

“(b) Membership

“(1) In general—A board convened under subsection (a) shall consist of 5 or more officers who are serving in or above the permanent grade of the officers under consideration by the board.

“(2) Retired officers—Officers on the retired list may be recalled to serve on such personnel boards as the Secretary considers necessary.

“(3) No membership on 2 successive boards—No officer may be a member of 2 successive personnel boards convened to consider officers of the same grade for promotion or separation.

“(c) Duties—Each personnel board shall—

“(1) recommend to the Secretary such changes as may be necessary to correct any erroneous position on the lineal list that was caused by administrative error; and

“(2) make selections and recommendations to the Secretary and the President for the appointment, promotion, involuntary separation, continuation, and involuntary retirement of officers in the commissioned officer corps of the Administration as prescribed in this title.

“(d) Action on recommendations not acceptable—If any recommendation by a board convened under subsection (a) is not accepted by the Secretary or the President, the board shall make such further recommendations as the Secretary or the President consider appropriate.”

Sec. 203 Delegation of authority for appointments and promotions to permanent grades

Section 226 (33 U.S.C. 3026) is amended—
(1)
by striking “Appointments” and inserting the following:

“(a) In general—Appointments”

(2)
by adding at the end the following:

“(b) Delegation of appointment authority—If the President delegates authority to the Secretary to make appointments under this section, the President shall, during a period in which the position of the Secretary is vacant, delegate such authority to the Deputy Secretary of Commerce or the Under Secretary for Oceans and Atmosphere during such period.”

Sec. 204 Temporary appointments

(a)
In general— Section 229 (33 U.S.C. 3029) is amended to read as follows:

“229. Temporary appointments

“(a) Appointments by President—Temporary appointments in the grade of ensign, lieutenant junior grade, or lieutenant may be made by the President.

“(b) Termination—A temporary appointment to a position under subsection (a) shall terminate upon approval of a permanent appointment for such position made by the President.

“(c) Order of precedence—Appointees under subsection (a) shall take precedence in the grade to which appointed in accordance with the dates of their appointments as officers in such grade. The order of precedence of appointees who are appointed on the same date shall be determined by the Secretary.

“(d) Any one grade—When determined by the Secretary to be in the best interest of the commissioned officer corps, officers in any permanent grade may be temporarily promoted one grade by the President. Any such temporary promotion terminates upon the transfer of the officer to a new assignment.

“(e) Delegation of appointment authority—If the President delegates authority to the Secretary to make appointments under this section, the President shall, during a period in which the position of the Secretary is vacant, delegate such authority to the Deputy Secretary of Commerce or the Under Secretary for Oceans and Atmosphere during such period.”

(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 striking the item relating to section 229 and inserting the following:

Sec. 205 Officer candidates

(a)
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).”

(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:
(c)
Officer candidate defined— Section 212(b) (33 U.S.C. 3002(b)) is amended—
(1)
by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively; and
(2)
by inserting after paragraph (3) the following:

“(4) Officer candidate—The term officer candidate means an individual who is enrolled in the basic officer training program of the Administration and is under consideration for appointment as an officer under section 221(a)(2)(A).”

(d)
Pay for officer candidates— Section 203 of title 37, United States Code, is amended by adding at the end the following:

“(f)

“(1) An officer candidate enrolled in the basic officer training program of the commissioned officer corps of the National Oceanic and Atmospheric Administration is entitled, while participating in such program, to monthly officer candidate pay at monthly rate equal to the basic pay of an enlisted member in the pay grade E–5 with less than 2 years service.

“(2) An individual who graduates from such program shall receive credit for the time spent participating in such program as if such time were time served while on active duty as a commissioned officer. If the individual does not graduate from such program, such time shall not be considered creditable for active duty or pay.”

Sec. 206 Procurement of personnel

(a)
In general— Subtitle B (33 U.S.C. 3021 et seq.), as amended by section 205(a), is further amended by adding at the end the following:

“235. Procurement of personnel

“The Secretary may make such expenditures as the Secretary considers necessary in order to obtain recruits for the commissioned officer corps of the Administration, including advertising.”

(b)
Clerical amendment— The table of sections in section 1 of the Act entitled “An Act to authorize the Hydrographic Service Improvement Act of 1998, and for other purposes” (Public Law 107–372), as amended by section 205(b), is further amended by inserting after the item relating to section 234 the following: