Collapse to view only § 3071a. Applicability of certain provisions of title 37
- § 3071. Applicability of certain provisions of title 10
- § 3071a. Applicability of certain provisions of title 37
- § 3072. Eligibility for veterans benefits and other rights, privileges, immunities, and benefits under certain provisions of law
- § 3073. Medical and dental care
- § 3074. Commissary privileges
- § 3075. Authority to use appropriated funds for transportation and reimbursement of certain items
- § 3076. Presentation of United States flag upon retirement
- § 3077. Education loan repayment program
- § 3078. Interest payment program
- § 3079. Student pre-commissioning education assistance program
- § 3079-1. Limitation on educational assistance
- § 3079a. Treatment of commission in commissioned officer corps as employment in Administration for purposes of certain hiring decisions
- § 3079b. Shore leave for professional mariners
§ 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
(c) Regulations regarding protected communications and prohibition of retaliatory personnel actions
(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.)
§ 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
(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.)
§ 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.)
§ 3074. Commissary privileges
(a) Extension of privilege
(b) Sales of rations, stores, uniforms, and related equipment
(c) Surviving spouses’ rights
(Pub. L. 107–372, title II, § 264, Dec. 19, 2002, 116 Stat. 3093.)
§ 3075. Authority to use appropriated funds for transportation and reimbursement of certain items
(a) Transportation of effects of deceased officers
(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.)
§ 3076. Presentation of United States flag upon retirement
(a) Presentation of flag upon retirement
(b) Multiple presentations not authorized
(c) No cost to recipient
(Pub. L. 107–372, title II, § 266, Dec. 19, 2002, 116 Stat. 3093.)
§ 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
(2) Limitation on amount
(e) Active duty service obligation
(1) In general
(2) Length of obligation determined under regulations
(A) In general
(B) Minimum obligation
(3) Persons on active duty before entering into agreement
(4) Concurrent completion of service obligations
(f) Effect of failure to complete obligation
(1) Alternative obligations
(2) Repayment
(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
(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
(e) Coordination with Secretary of Education
(1) In general
(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
1 So in original. The semicolon probably should be preceded by a third closing parenthesis.
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
(Pub. L. 107–372, title II, § 268, as added Pub. L. 116–259, title II, § 202(a), Dec. 23, 2020, 134 Stat. 1162.)
§ 3079. Student pre-commissioning education assistance program
(a) Authority to provide financial assistanceFor 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 generalA 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) AgreementA 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 expensesExpenses 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
(e) Duration of assistance
(f) Subsistence allowance
(1) In general
(2) Determination of amount
(g) Initial clothing allowance
(1) Training
(2) Appointment
(h) Termination of financial assistance
(1) In generalThe 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
(3) WaiverThe 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
(5) Discharge in bankruptcy
(i) Regulations
(j) Concurrent completion of service obligations
(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
(Pub. L. 116–259, title II, § 204, Dec. 23, 2020, 134 Stat. 1165.)
§ 3079a. Treatment of commission in commissioned officer corps as employment in Administration for purposes of certain hiring decisions
(a) In general
(b) Career appointments
(c) Competitive service defined
(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
(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
(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.)