33 USC 3036 - Career flexibility to enhance retention of officers

U.S Code last checked for updates: May 04, 2024

§ 3036.

Career flexibility to enhance retention of officers

(a)

Programs authorized

(b)

Period of inactivation from active duty; effect of inactivation

(1)

In general

(2)

Exclusion from retirement

(c)

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 follows:

(1)

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 proficiency, at a level determined by the Director to be sufficient, in the technical skills, professional qualifications, and physical readiness of the officer during the inactivation of the officer from active duty.

(2)

Following completion of the period of the inactivation of the officer from active duty under the program, to serve two months on active duty for each month of the period of the inactivation of the officer from active duty under the program.

(d)

Conditions of release

The Secretary shall—

(1)

prescribe regulations specifying the guidelines regarding the conditions of release that must be considered and addressed in the agreement required by subsection (c); and

(2)

at a minimum, prescribe the procedures and standards to be used to instruct an officer on the obligations to be assumed by the officer under paragraph (1) of such subsection while the officer is released from active duty.

(e)

Order to active duty

(f)

Pay and allowances

(1)

Basic pay

(2)

Special or incentive pay or bonus

(A)

Prohibition

(B)

Not treated as failure to perform services

(3)

Return to active duty

(A)

Special or incentive pay or bonus

Subject to subparagraph (B), upon the return of an officer to active duty after completion by the officer of participation in a program under this section—

(i)

any agreement entered into by the officer under chapter 5 of title 37 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 revived, with the term of such agreement after revival being the period of the agreement remaining to run when the officer commenced participation in the program; and

(ii)

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 (i).

(B)

Limitation

(i)

In general

Subparagraph (A) shall not apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to an officer if, at the time of the return of the officer to active duty as described in that subparagraph—

(I)

such pay or bonus is no longer authorized by law; or

(II)

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 duty.

(ii)

Pay or bonus ceases being authorized

(C)

Repayment

(D)

Required service is additional

(4)

Travel and transportation allowance

(A)

In general

Subject to subparagraph (B), an officer who participates in a program under this section is entitled, while participating in the program, to the travel and transportation allowances authorized by section 452 of title 37 for—

(i)

travel performed from the residence of the officer, at the time of release from active duty to participate in the program, to the location in the United States designated by the officer as the officer’s residence during the period of participation in the program; and

(ii)

travel performed to the residence of the officer upon return to active duty at the end of the participation of the officer in the program.

(B)

Single residence

(5)

Leave balance

(g)

Promotion

(1)

In general

(2)

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—

(A)

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 section; and

(B)

the officer shall be eligible for consideration for promotion when officers of the same competitive category, grade, and seniority are eligible for consideration for promotion.

(h)

Continued entitlements

An officer participating in a program under this section shall, while participating in the program, be treated as a member of the uniformed services on active duty for a period of more than 30 days for purposes of—

(1)

the entitlement of the officer and of the dependents of the officer to medical and dental care under the provisions of chapter 55 of title 10, ; and

(2)

retirement or separation for physical disability under the provisions of subchapter III.

(Pub. L. 107–372, title II, § 236, as added Pub. L. 116–259, title III, § 307(a), Dec. 23, 2020, 134 Stat. 1174; Pub. L. 117–263, div. A, title VI, § 626(f), Dec. 23, 2022, 136 Stat. 2629.)

cite as: 33 USC 3036