33 U.S.C. § 3071 — Applicability of certain provisions of title 10

(a) Applicable provisions. Armed-Forces rules under the listed title 10 provisions, as they change over time, also apply to the Administration’s commissioned officer^* corps: (1) chapter 40, leave; (2) section 533(b), constructive service; (3) section 716, transfers among Armed Forces and to or from NOAA; (4) section 771, unauthorized uniform wearing; (5) section 774, religious apparel in uniform; (6) section 982, State and local juries; (7) section 1031, oaths; (8) section 1034, protected communications and bans on retaliatory personnel actions; (9) section 1035, savings deposits; (10) section 1036, transportation and travel allowances for escorts for members’ dependents; (11) section 1052, adoption-expense reimbursement; (12) section 1074n, annual mental-health assessments; (13) section 1090a, mental-health-evaluation referrals; (14) chapter 58, benefits and services for separating or recently separated members; (15) section 1174a, special separation benefits, except benefits under subsection (b)(2)(B) depend on appropriations and are discretionary with the Commerce Secretary^*; (16) chapter 61, physical-disability retirement or separation; (17) section 1251(e), retirement or separation based on creditable service years; (18) chapter 69, retired grade^*, except sections 1370, 1375, and 1376; (19) chapter 71, retired-pay computation; (20) chapter 73, annuities based on retired or retainer pay; (21) chapter 75 subchapter II, death benefits; (22) chapter 88 subchapter I, military-family programs, on an as-available and fully reimbursable basis; (23) section 2005, advanced education assistance, active-duty agreements, and reimbursement; (24) section 2634, permanent-change-of-station vehicle transportation; (25) sections 2731 and 2735, service-related property loss; (26) section 2771, final settlement of a deceased member’s accounts; and (27) other subtitle A provisions adopted by law for NOAA’s commissioned officers.

(b) References. For these provisions, title 10 authority given to “military departments,” “the Secretary concerned,” or “the Secretary of Defense” is exercised for the corps by the Commerce Secretary or designee. For subsection (a)(8), “Inspector General” means the Commerce Department Inspector General. This section does not otherwise define those quoted terms.

(c) Regulations. The Secretary may issue regulations applying section 1034 to the corps, including administrative procedures for investigation and appeal within the corps.