33 U.S.C. § 3072 — Eligibility for veterans benefits and other

Page 942 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3071a (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 com- munications and prohibition of retaliatory personnel actions. (9) Section 1035, relating to deposits of sav- ings. (10) Section 1036, relating to transportation and travel allowances for escorts for depend- ents 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 re- cently separated. (15) Section 1174a, relating to special separa- tion benefits (except that benefits under sub- section (b)(2)(B) of such section are subject to the availability of appropriations for such pur- pose 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 serv- ice. (18) Chapter 69, relating to retired grade, ex- cept 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 edu- cation 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 prop- erty 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 Na- tional Oceanic and Atmospheric Administra- tion by any other provision of law. (b) References The authority vested by title 10 in the ‘‘mili- tary 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 com- missioned officer corps of the Administration, by the Secretary of Commerce or the Sec- retary’s designee. For purposes of paragraph (8) of subsection (a), the term ‘‘Inspector General’’ in section 1034 of such title 10 shall mean the In- spector General of the Department of Com- merce. (c) Regulations regarding protected communica- tions and prohibition of retaliatory per- sonnel actions The Secretary may prescribe regulations to carry out the application of section 1034 of title 10 to the commissioned officer corps of the Ad- ministration, including by prescribing such ad- ministrative 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 con- tained 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 con- tinuation of housing allowance for dependents of members dying on active duty. (2) Section 415, relating to initial uniform al- lowances. (3) Section 488, relating to allowances for re- cruiting 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 Administra- tion shall be deemed to be active military serv- ice for the purposes of all rights, privileges, im- munities, and benefits under the following: (1) Laws administered by the Secretary of Veterans Affairs. Page 943 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3076 (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 regula- tions 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 com- plete classification of this Act to the Code, see Tables. PRIOR PROVISIONS Provisions similar to those in this section were con- tained 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 Re- lief 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 per- sonnel 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 con- tained 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 Administra- tion shall be permitted to purchase commissary and quartermaster supplies as far as available from the Armed Forces at the prices charged of- ficers 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 as- signed to such ships or shore stations. Sales shall be in accordance with regulations pre- scribed by the Secretary, and proceeds there- from shall, as far as is practicable, fully reim- burse 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 des- ignated 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 con- tained 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 appro- priations made available to the Administration, transportation (including packing, unpacking, crating, and uncrating) of personal and house- hold effects of that officer to the official resi- dence 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 Sec- retary. (b) Reimbursement for supplies furnished by of- ficers to distressed and shipwrecked persons Under regulations prescribed by the Secretary, appropriations made available to the Adminis- tration may be used to reimburse an officer for food, clothing, medicines, and other supplies fur- nished by the officer— (1) for the temporary relief of distressed per- sons in remote localities; or (2) to shipwrecked persons who are tempo- rarily 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 con- tained 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 retire- ment, 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 pre- viously been presented a flag under this section or any other provision of law providing for the