SUBCHAPTER V—RIGHTS AND BENEFITS

§3071. Applicability of certain provisions of title 10

(a) Provisions made applicable to the corps

The rules of law that apply to the Armed Forces under the following provisions of title 10, as those provisions are in effect from time to time, apply also to the commissioned officer corps of the Administration:

(1) Chapter 40, relating to leave.

(2) Section 533(b), relating to constructive service.

(3) Section 716, relating to transfers between the armed forces and to and from National Oceanic and Atmospheric Administration.

(4) Section 771, relating to unauthorized wearing of uniforms.

(5) Section 774, relating to wearing religious apparel while in uniform.

(6) Section 982, relating to service on State and local juries.

(7) Section 1031, relating to administration of oaths.

(8) Section 1034, relating to protected communications and prohibition of retaliatory personnel actions.

(9) Section 1035, relating to deposits of savings.

(10) Section 1036, relating to transportation and travel allowances for escorts for dependents of members.

(11) Section 1052, relating to reimbursement for adoption expenses.

(12) Section 1074n, relating to annual mental health assessments.

(13) Section 1090a, relating to referrals for mental health evaluations.

(14) Chapter 58, relating to the benefits and services for members being separated or recently separated.

(15) Section 1174a, relating to special separation benefits (except that benefits under subsection (b)(2)(B) of such section are subject to the availability of appropriations for such purpose and are provided at the discretion of the Secretary of Commerce).

(16) Chapter 61, relating to retirement or separation for physical disability.

(17) Section 1251(e), relating to retirement or separation based on years of creditable service.

(18) Chapter 69, relating to retired grade, except sections 1370, 1375, and 1376.

(19) Chapter 71, relating to computation of retired pay.

(20) Chapter 73, relating to annuities based on retired or retainer pay.

(21) Subchapter II of chapter 75, relating to death benefits.

(22) Subchapter I of chapter 88, relating to military family programs, applicable on an as-available and fully reimbursable basis.

(23) Section 2005, relating to advanced education assistance, active duty agreements, and reimbursement requirements.

(24) Section 2634, relating to transportation of motor vehicles for members on permanent change of station.

(25) Sections 2731 and 2735, relating to property loss incident to service.

(26) Section 2771, relating to final settlement of accounts of deceased members.

(27) Such other provisions of subtitle A of that title as may be adopted for applicability to the commissioned officer corps of the National Oceanic and Atmospheric Administration by any other provision of law.

(b) References

The authority vested by title 10 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. For purposes of paragraph (8) of subsection (a), the term "Inspector General" in section 1034 of such title 10 shall mean the Inspector General of the Department of Commerce.

(c) Regulations regarding protected communications and prohibition of retaliatory personnel actions

The Secretary may prescribe regulations to carry out the application of section 1034 of title 10 to the commissioned officer corps of the Administration, including by prescribing such administrative procedures for investigation and appeal within the commissioned officer corps as the Secretary considers appropriate.

(Pub. L. 107–372, title II, §261, Dec. 19, 2002, 116 Stat. 3091; Pub. L. 116–259, title II, §§205(a), 207, Dec. 23, 2020, 134 Stat. 1166, 1168; Pub. L. 117–263, div. K, title CXVII, §11705(c), Dec. 23, 2022, 136 Stat. 4157.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 857a of this title prior to repeal by Pub. L. 107–372.

Amendments

2022—Subsec. (a)(17) to (27). Pub. L. 117–263 added par. (17) and redesignated former pars. (17) to (26) as (18) to (27), respectively.

2020—Subsec. (a). Pub. L. 116–259, §207(a), added par. (8) and redesignated former pars. (8) to (25) (as added and redesignated by section 205(a), see note below) as (9) to (26), respectively.

Pub. L. 116–259, §205(a), added pars. (4) to (7), (11) to (13), (20), and (21), and redesignated former pars. (4) to (6) as (8) to (10), former pars. (7) to (12) as (14) to (19), and former pars. (13) to (16) as (22) to (25), respectively.

Subsec. (b). Pub. L. 116–259, §207(b), inserted at end "For purposes of paragraph (8) of subsection (a), the term 'Inspector General' in section 1034 of such title 10 shall mean the Inspector General of the Department of Commerce."

Subsec. (c). Pub. L. 116–259, §207(c), added subsec. (c).

§3071a. Applicability of certain provisions of title 37

The provisions of law applicable to the Armed Forces under the following provisions of title 37 shall apply to the commissioned officer corps of the Administration:

(1) Section 403(l), relating to temporary continuation of housing allowance for dependents of members dying on active duty.

(2) Section 415, relating to initial uniform allowances.

(3) Section 488, relating to allowances for recruiting expenses.

(Pub. L. 107–372, title II, §261A, as added Pub. L. 116–259, title II, §206(a), Dec. 23, 2020, 134 Stat. 1167.)

§3072. Eligibility for veterans benefits and other rights, privileges, immunities, and benefits under certain provisions of law

(a) In general

Active service of officers of the Administration shall be deemed to be active military service for the purposes of all rights, privileges, immunities, and benefits under the following:

(1) Laws administered by the Secretary of Veterans Affairs.

(2) The Servicemembers Civil Relief Act [50 U.S.C. 3901 et seq.].

(3) Section 410 of title 42, as in effect before September 1, 1950.

(b) Exercise of authority

In the administration of the laws and regulations referred to in subsection (a), with respect to the Administration, the authority vested in the Secretary of Defense and the Secretaries of the military departments and their respective departments shall be exercised by the Secretary of Commerce.

(Pub. L. 107–372, title II, §262, Dec. 19, 2002, 116 Stat. 3092; Pub. L. 108–189, §2(g), Dec. 19, 2003, 117 Stat. 2866.)

Editorial Notes

References in Text

The Servicemembers Civil Relief Act, referred to in subsec. (a)(2), is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, which is classified principally to chapter 50 (§3901 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.

Prior Provisions

Provisions similar to those in this section were contained in sections 857 and 857–3(a) of this title prior to repeal by Pub. L. 107–372.

Amendments

2003—Subsec. (a)(2). Pub. L. 108–189 amended par. (2) generally substituting "The Servicemembers Civil Relief Act" for "The Soldiers' and Sailors' Civil Relief Act of 1940 (50 App. U.S.C. 501 et seq.)".

§3073. Medical and dental care

The Secretary may provide medical and dental care, including care in private facilities, for personnel of the Administration entitled to that care by law or regulation.

(Pub. L. 107–372, title II, §263, Dec. 19, 2002, 116 Stat. 3093.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 857–3(b) of this title prior to repeal by Pub. L. 107–372.

§3074. Commissary privileges

(a) Extension of privilege

Commissioned officers, ships' officers, and members of crews of vessels of the Administration shall be permitted to purchase commissary and quartermaster supplies as far as available from the Armed Forces at the prices charged officers and enlisted members of the Armed Forces.

(b) Sales of rations, stores, uniforms, and related equipment

The Secretary may purchase ration supplies for messes, stores, uniforms, accouterments, and related equipment for sale aboard ship and shore stations of the Administration to members of the uniformed services and to personnel assigned to such ships or shore stations. Sales shall be in accordance with regulations prescribed by the Secretary, and proceeds therefrom shall, as far as is practicable, fully reimburse the appropriations charged without regard to fiscal year.

(c) Surviving spouses' rights

Rights extended to members of the uniformed services in this section are extended to their surviving spouses and to such others as are designated by the Secretary concerned.

(Pub. L. 107–372, title II, §264, Dec. 19, 2002, 116 Stat. 3093.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 857–4 of this title prior to repeal by Pub. L. 107–372.

§3075. Authority to use appropriated funds for transportation and reimbursement of certain items

(a) Transportation of effects of deceased officers

In the case of an officer who dies on active duty, the Secretary may provide, from appropriations made available to the Administration, transportation (including packing, unpacking, crating, and uncrating) of personal and household effects of that officer to the official residence of record of that officer. However, upon application by the dependents of such an officer, such transportation may be provided to such other location as may be determined by the Secretary.

(b) Reimbursement for supplies furnished by officers to distressed and shipwrecked persons

Under regulations prescribed by the Secretary, appropriations made available to the Administration may be used to reimburse an officer for food, clothing, medicines, and other supplies furnished by the officer—

(1) for the temporary relief of distressed persons in remote localities; or

(2) to shipwrecked persons who are temporarily provided for by the officer.

(Pub. L. 107–372, title II, §265, Dec. 19, 2002, 116 Stat. 3093.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 874 of this title prior to repeal by Pub. L. 107–372.

§3076. Presentation of United States flag upon retirement

(a) Presentation of flag upon retirement

Upon the release of a commissioned officer from active commissioned service for retirement, the Secretary shall present a United States flag to the officer.

(b) Multiple presentations not authorized

An officer is not eligible for presentation of a flag under subsection (a) if the officer has previously been presented a flag under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement.

(c) No cost to recipient

The presentation of a flag under this section shall be at no cost to the recipient.

(Pub. L. 107–372, title II, §266, Dec. 19, 2002, 116 Stat. 3093.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 853v of this title prior to repeal by Pub. L. 107–372.

§3077. Education loan repayment program

(a) Authority to repay education loans

For the purpose of maintaining adequate numbers of officers of the commissioned officer corps of the Administration on active duty who have skills required by the commissioned officer corps, the Secretary may repay, in the case of a person described in subsection (b), a loan that—

(1) was used by the person to finance education; and

(2) was obtained from a governmental entity, private financial institution, educational institution, or other authorized entity.

(b) Eligible persons

To be eligible to obtain a loan repayment under this section, a person must—

(1) satisfy one of the requirements specified in subsection (c);

(2) be fully qualified for, or hold, an appointment as a commissioned officer in the commissioned officer corps of the Administration; and

(3) sign a written agreement to serve on active duty, or, if on active duty, to remain on active duty for a period in addition to any other incurred active duty obligation.

(c) Academic and professional requirements

One of the following academic requirements must be satisfied for purposes of determining the eligibility of an individual for a loan repayment under this section:

(1) The person is fully qualified in a profession that the Secretary has determined to be necessary to meet identified skill shortages in the commissioned officer corps of the Administration.

(2) The person is enrolled as a full-time student in the final year of a course of study at an accredited educational institution (as determined by the Secretary of Education) leading to a degree in a profession that will meet identified skill shortages in the commissioned officer corps of the Administration.

(d) Loan repayments

(1) In general

Subject to the limits established under paragraph (2), a loan repayment under this section may consist of the payment of the principal, interest, and related expenses of a loan obtained by a person described in subsection (b).

(2) Limitation on amount

For each year of obligated service that a person agrees to serve in an agreement described in subsection (b)(3), the Secretary may pay not more than the amount specified in section 2173(e)(2) of title 10.

(e) Active duty service obligation

(1) In general

A person entering into an agreement described in subsection (b)(3) incurs an active duty service obligation.

(2) Length of obligation determined under regulations

(A) In general

Except as provided in subparagraph (B), the length of the obligation under paragraph (1) shall be determined under regulations prescribed by the Secretary.

(B) Minimum obligation

The regulations prescribed under subparagraph (A) may not provide for a period of obligation of less than one year for each maximum annual amount, or portion thereof, paid on behalf of the person for qualified loans.

(3) Persons on active duty before entering into agreement

The active duty service obligation of persons on active duty before entering into the agreement shall be served after the conclusion of any other obligation incurred under the agreement.

(4) Concurrent completion of service obligations

A service obligation under this section may be completed concurrently with a service obligation under section 3006 of this title.

(f) Effect of failure to complete obligation

(1) Alternative obligations

An officer who is relieved of the officer's active duty obligation under this section before the completion of that obligation may be given any alternative obligation, at the discretion of the Secretary.

(2) Repayment

An officer who does not complete the period of active duty specified in the agreement entered into under subsection (b)(3), or the alternative obligation imposed under paragraph (1), shall be subject to the repayment provisions under section 3006 of this title.

(g) Rulemaking

The Secretary shall prescribe regulations to carry out this section, including—

(1) standards for qualified loans and authorized payees; and

(2) other terms and conditions for the making of loan repayments.

(Pub. L. 107–372, title II, §267, as added Pub. L. 116–259, title II, §201(a), Dec. 23, 2020, 134 Stat. 1160.)

§3078. Interest payment program

(a) Authority

The Secretary may pay the interest and any special allowances that accrue on one or more student loans of an eligible officer, in accordance with this section.

(b) Eligible officers

An officer is eligible for the benefit described in subsection (a) while the officer—

(1) is serving on active duty;

(2) has not completed more than three years of service on active duty;

(3) is the debtor on one or more unpaid loans described in subsection (c); and

(4) is not in default on any such loan.

(c) Student loans

The authority to make payments under subsection (a) may be exercised with respect to the following loans:

(1) A loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.).

(2) A loan made under part D of such title (20 U.S.C. 1087a et seq.).

(3) A loan made under part E of such title (20 U.S.C. 1087aa et seq.).

(d) Maximum benefit

Interest and any special allowance may be paid on behalf of an officer under this section for any of the 36 consecutive months during which the officer is eligible under subsection (b).

(e) Coordination with Secretary of Education

(1) In general

The Secretary shall consult with the Secretary of Education regarding the administration of this section.

(2) Reimbursement authorized

The Secretary is authorized to reimburse the Secretary of Education—

(A) for the funds necessary to pay interest and special allowances on student loans under this section (in accordance with sections 428(o), 455(l), and 464(j) of the Higher Education Act of 1965 (20 U.S.C. 1078(o), 1087e(l), and 1087dd(j)); ¹ and

(B) for any reasonable administrative costs incurred by the Secretary of Education in coordinating the program under this section with the administration of the student loan programs under parts B, D, and E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.).

(f) Special allowance defined

In this section, the term 'special allowance' means a special allowance that is payable under section 438 of the Higher Education Act of 1965 (20 U.S.C. 1087–1).

(Pub. L. 107–372, title II, §268, as added Pub. L. 116–259, title II, §202(a), Dec. 23, 2020, 134 Stat. 1162.)

Editorial Notes

References in Text

The Higher Education Act of 1965, referred to in subsecs. (c) and (e)(2)(B), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Parts B, D, and E of title IV of the Act are classified generally to parts B (§1071 et seq.), D (§1087a et seq.), and E (§1087aa et seq.), respectively, of subchapter IV of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see section 1 of Pub. L. 89–329, set out as a Short Title note under section 1001 of Title 20 and Tables.

¹ So in original. The semicolon probably should be preceded by a third closing parenthesis.

§3079. Student pre-commissioning education assistance program

(a) Authority to provide financial assistance

For the purpose of maintaining adequate numbers of officers of the commissioned officer corps of the Administration on active duty, the Secretary may provide financial assistance to a person described in subsection (b) for expenses of the person while the person is pursuing on a full-time basis at an accredited educational institution (as determined by the Secretary of Education) a program of education approved by the Secretary that leads to—

(1) a baccalaureate degree in not more than five academic years; or

(2) a postbaccalaureate degree.

(b) Eligible persons

(1) In general

A person is eligible to obtain financial assistance under subsection (a) if the person—

(A) is enrolled on a full-time basis in a program of education referred to in subsection (a) at any educational institution described in such subsection;

(B) meets all of the requirements for acceptance into the commissioned officer corps of the Administration except for the completion of a baccalaureate degree; and

(C) enters into a written agreement with the Secretary described in paragraph (2).

(2) Agreement

A written agreement referred to in paragraph (1)(C) is an agreement between the person and the Secretary in which the person—

(A) agrees to accept an appointment as an officer, if tendered; and

(B) upon completion of the person's educational program, agrees to serve on active duty, immediately after appointment, for—

(i) up to three years if the person received less than three years of assistance; and

(ii) up to five years if the person received at least three years of assistance.

(c) Qualifying expenses

Expenses for which financial assistance may be provided under subsection (a) are the following:

(1) Tuition and fees charged by the educational institution involved.

(2) The cost of educational materials.

(3) In the case of a program of education leading to a baccalaureate degree, laboratory expenses.

(4) Such other expenses as the Secretary considers appropriate.

(d) Limitation on amount

The Secretary shall prescribe the amount of financial assistance provided to a person under subsection (a), which may not exceed the amount specified in section 2173(e)(2) of title 10, for each year of obligated service that a person agrees to serve in an agreement described in subsection (b)(2).

(e) Duration of assistance

Financial assistance may be provided to a person under subsection (a) for not more than five consecutive academic years.

(f) Subsistence allowance

(1) In general

A person who receives financial assistance under subsection (a) shall be entitled to a monthly subsistence allowance at a rate prescribed under paragraph (2) for the duration of the period for which the person receives such financial assistance.

(2) Determination of amount

The Secretary shall prescribe monthly rates for subsistence allowance provided under paragraph (1), which shall be equal to the amount specified in section 2144(a) of title 10.

(g) Initial clothing allowance

(1) Training

The Secretary may prescribe a sum which shall be credited to each person who receives financial assistance under subsection (a) to cover the cost of the person's initial clothing and equipment issue.

(2) Appointment

Upon completion of the program of education for which a person receives financial assistance under subsection (a) and acceptance of appointment in the commissioned officer corps of the Administration, the person may be issued a subsequent clothing allowance equivalent to that normally provided to a newly appointed officer.

(h) Termination of financial assistance

(1) In general

The Secretary shall terminate the assistance provided to a person under this section if—

(A) the Secretary accepts a request by the person to be released from an agreement described in subsection (b)(2);

(B) the misconduct of the person results in a failure to complete the period of active duty required under the agreement; or

(C) the person fails to fulfill any term or condition of the agreement.

(2) Reimbursement

The Secretary may require a person who receives assistance described in subsection (c), (f), or (g) under an agreement entered into under subsection (b)(1)(C) to reimburse the Secretary in an amount that bears the same ratio to the total costs of the assistance provided to that person as the unserved portion of active duty bears to the total period of active duty the officer agreed to serve under the agreement.

(3) Waiver

The Secretary may waive the service obligation of a person through an agreement entered into under subsection (b)(1)(C) if the person—

(A) becomes unqualified to serve on active duty in the commissioned officer corps of the Administration because of a circumstance not within the control of that person; or

(B) is—

(i) not physically qualified for appointment; and

(ii) determined to be unqualified for service in the commissioned officer corps of the Administration because of a physical or medical condition that was not the result of the person's own misconduct or grossly negligent conduct.

(4) Obligation as debt to United States

An obligation to reimburse the Secretary imposed under paragraph (2) is, for all purposes, a debt owed to the United States.

(5) Discharge in bankruptcy

A discharge in bankruptcy under title 11 that is entered less than five years after the termination of a written agreement entered into under subsection (b)(1)(C) does not discharge the person signing the agreement from a debt arising under such agreement or under paragraph (2).

(i) Regulations

The Secretary may prescribe such regulations and orders as the Secretary considers appropriate to carry out this section.

(j) Concurrent completion of service obligations

A service obligation under this section may be completed concurrently with a service obligation under section 3006 of this title.

(Pub. L. 107–372, title II, §269, as added Pub. L. 116–259, title II, §203(a), Dec. 23, 2020, 134 Stat. 1163.)

§3079–1. Limitation on educational assistance

(a) In general

Each fiscal year, beginning with the fiscal year in which this Act is enacted, the Secretary of Commerce shall ensure that the total amount expended by the Secretary under section 3077 of this title (as added by section 201(a)), section 3078 of this title (as added by section 202(a)), and section 3079 of this title (as added by section 203(a)) does not exceed the amount by which—

(1) the total amount the Secretary would pay in that fiscal year to officer candidates under section 203(f)(1) of title 37 (as added by section 305(d)), 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–1 with less than 2 years of service, exceeds

(2) the total amount the Secretary actually pays in that fiscal year to officer candidates under section 203(f)(1) of such title.

(b) Officer candidate defined

In this section, the term "officer candidate" has the meaning given the term in paragraph (4) of section 3002(b) of this title, as added by section 305(c).

(Pub. L. 116–259, title II, §204, Dec. 23, 2020, 134 Stat. 1165.)

Editorial Notes

References in Text

The fiscal year in which this Act is enacted, referred to in subsec. (a), means the fiscal year in which Pub. L. 116–259, which added this section, was enacted. Pub. L. 116–259 was approved Dec. 23, 2020.

Sections 201(a), 202(a), 203(a), and 305 (c) and (d), referred to in text, mean those respective sections of Pub. L. 116–259.

Codification

Section was enacted as part of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020, and not as part of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 which comprises this chapter.

§3079a. Treatment of commission in commissioned officer corps as employment in Administration for purposes of certain hiring decisions

(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 of the Administration for at least three years to be serving in a career or career-conditional position in the competitive service within the Administration for purposes of such limitation.

(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.

(c) Competitive service defined

In this section, the term "competitive service" has the meaning given the term in section 2102 of title 5.

(Pub. L. 107–372, title II, §269A, as added Pub. L. 116–259, title II, §209(a), Dec. 23, 2020, 134 Stat. 1168.)

§3079b. Shore leave for professional mariners

(a) In general

The Under Secretary may prescribe regulations relating to shore leave for professional mariners without regard to the requirements of section 6305 of title 5.

(b) Requirements

The regulations prescribed under subsection (a) shall—

(1) require that a professional mariner serving aboard an ocean-going vessel be granted a leave of absence of 4 days per pay period; and

(2) provide that a professional mariner serving in a temporary promotion position aboard a vessel may be paid the difference between such mariner's temporary and permanent rates of pay for leave accrued while serving in the temporary promotion position.

(c) Professional mariner defined

In this section, the term "professional mariner" means an individual employed on a vessel of the Administration who has the necessary expertise to serve in the engineering, deck, steward, electronic technician, or survey department.

(Pub. L. 107–372, title II, §269B, as added Pub. L. 117–263, div. K, title CXVII, §11706(a), Dec. 23, 2022, 136 Stat. 4157.)