---
kind: "section"
citation: "33 U.S.C. § 3036"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "3036"
heading: "Career flexibility to enhance retention of officers"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/3036"
units:
  - "Chapter 43 — National Oceanic and Atmospheric Administration Commissioned Officer Corps"
  - "Subchapter II — Appointment and Promotion of Officers"
---

# §3036. Career flexibility to enhance retention of officers

- (a) **Programs authorized—** The [Secretary](/usc/33/3002.md?p=b-6) may carry out a program under which [officers](/usc/33/3002.md?p=b-3) may be inactivated from [active duty](/usc/33/3002.md?p=b-1) in order to meet personal or professional needs and returned to [active duty](/usc/33/3002.md?p=b-1) at the end of such period of inactivation from [active duty](/usc/33/3002.md?p=b-1).
- (b) **Period of inactivation from active duty; effect of inactivation—**
  - (1) **In general—** The period of inactivation from [active duty](/usc/33/3002.md?p=b-1) under a program under this section of an [officer](/usc/33/3002.md?p=b-3) participating in the program shall be such period as the [Secretary](/usc/33/3002.md?p=b-6) shall specify in the agreement of the [officer](/usc/33/3002.md?p=b-3) under [subsection (c)](#c), except that such period may not exceed three years.
  - (2) **Exclusion from retirement—** Any period of participation of an [officer](/usc/33/3002.md?p=b-3) in a program under this section shall not count toward eligibility for retirement or computation of retired pay under subchapter III.
- (c) **Agreement—** Each [officer](/usc/33/3002.md?p=b-3) who participates in a program under this section shall enter into a written agreement with the [Secretary](/usc/33/3002.md?p=b-6) under which that [officer](/usc/33/3002.md?p=b-3) shall agree as follows:
  - (1) To undergo during the period of the inactivation of the [officer](/usc/33/3002.md?p=b-3) from [active duty](/usc/33/3002.md?p=b-1) under the program such inactive duty training as the Director of the National Oceanic and Atmospheric [Administration](/usc/33/3002.md?p=b-7) Commissioned [Officer](/usc/33/3002.md?p=b-3) Corps shall require in order to ensure that the [officer](/usc/33/3002.md?p=b-3) retains proficiency, at a level determined by the Director to be sufficient, in the technical skills, professional qualifications, and physical readiness of the [officer](/usc/33/3002.md?p=b-3) during the inactivation of the [officer](/usc/33/3002.md?p=b-3) from [active duty](/usc/33/3002.md?p=b-1).
  - (2) Following completion of the period of the inactivation of the [officer](/usc/33/3002.md?p=b-3) from [active duty](/usc/33/3002.md?p=b-1) under the program, to serve two months on [active duty](/usc/33/3002.md?p=b-1) for each month of the period of the inactivation of the [officer](/usc/33/3002.md?p=b-3) from [active duty](/usc/33/3002.md?p=b-1) under the program.
- (d) **Conditions of release—** The [Secretary](/usc/33/3002.md?p=b-6) 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)](#c); and
  - (2) at a minimum, prescribe the procedures and standards to be used to instruct an [officer](/usc/33/3002.md?p=b-3) on the obligations to be assumed by the [officer](/usc/33/3002.md?p=b-3) under [paragraph (1)](#d-1) of such subsection while the [officer](/usc/33/3002.md?p=b-3) is released from [active duty](/usc/33/3002.md?p=b-1).
- (e) **Order to active duty—** Under regulations prescribed by the [Secretary](/usc/33/3002.md?p=b-6), an [officer](/usc/33/3002.md?p=b-3) participating in a program under this section may, in the discretion of the [Secretary](/usc/33/3002.md?p=b-6), be required to terminate participation in the program and be ordered to [active duty](/usc/33/3002.md?p=b-1).
- (f) **Pay and allowances—**
  - (1) **Basic pay—** During each month of participation in a program under this section, an [officer](/usc/33/3002.md?p=b-3) who participates in the program shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the [officer](/usc/33/3002.md?p=b-3) would otherwise be entitled under [section 204 of title 37](/usc/37/204.md) as a member of the uniformed services on [active duty](/usc/33/3002.md?p=b-1) in the [grade](/usc/33/3002.md?p=b-2) and years of service of the [officer](/usc/33/3002.md?p=b-3) when the [officer](/usc/33/3002.md?p=b-3) commences participation in the program.
  - (2) **Special or incentive pay or bonus—**
    - (A) **Prohibition—** An [officer](/usc/33/3002.md?p=b-3) who participates in a program under this section shall not, while participating in the program, be paid any special or incentive pay or bonus to which the [officer](/usc/33/3002.md?p=b-3) is otherwise entitled under an agreement under [chapter 5](/usc/37/chch5.md) of title 37 that is in force when the [officer](/usc/33/3002.md?p=b-3) commences participation in the program.
    - (B) **Not treated as failure to perform services—** The inactivation from [active duty](/usc/33/3002.md?p=b-1) of an [officer](/usc/33/3002.md?p=b-3) participating in a program under this section shall not be treated as a failure of the [officer](/usc/33/3002.md?p=b-3) to perform any period of service required of the [officer](/usc/33/3002.md?p=b-3) in connection with an agreement for a special or incentive pay or bonus under [chapter 5](/usc/37/chch5.md) of title 37 that is in force when the [officer](/usc/33/3002.md?p=b-3) commences participation in the program.
  - (3) **Return to active duty—**
    - (A) **Special or incentive pay or bonus—** Subject to [subparagraph (B)](#f-3-B), upon the return of an [officer](/usc/33/3002.md?p=b-3) to [active duty](/usc/33/3002.md?p=b-1) after completion by the [officer](/usc/33/3002.md?p=b-3) of participation in a program under this section—
      - (i) any agreement entered into by the [officer](/usc/33/3002.md?p=b-3) under [chapter 5](/usc/37/chch5.md) of title 37 for the payment of a special or incentive pay or bonus that was in force when the [officer](/usc/33/3002.md?p=b-3) 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](/usc/33/3002.md?p=b-3) commenced participation in the program; and
      - (ii) any special or incentive pay or bonus shall be payable to the [officer](/usc/33/3002.md?p=b-3) in accordance with the terms of the agreement concerned for the term specified in [clause (i)](#f-3-A-i).
    - (B) **Limitation—**
      - (i) **In general—** [Subparagraph (A)](#f-3-A) shall not apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to an [officer](/usc/33/3002.md?p=b-3) if, at the time of the return of the [officer](/usc/33/3002.md?p=b-3) to [active duty](/usc/33/3002.md?p=b-1) as described in that subparagraph—
        - (I) such pay or bonus is no longer authorized by law; or
        - (II) the [officer](/usc/33/3002.md?p=b-3) does not satisfy eligibility criteria for such pay or bonus as in effect at the time of the return of the [officer](/usc/33/3002.md?p=b-3) to [active duty](/usc/33/3002.md?p=b-1).
      - (ii) **Pay or bonus ceases being authorized—** [Subparagraph (A)](#f-3-A) shall cease to apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to an [officer](/usc/33/3002.md?p=b-3) if, during the term of the revived agreement of the [officer](/usc/33/3002.md?p=b-3) under [subparagraph (A)(i)](#f-3-A-i), such pay or bonus ceases being authorized by law.
    - (C) **Repayment—** An [officer](/usc/33/3002.md?p=b-3) who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of [subparagraph (B)(i)(II)](#f-3-B-i-II) shall be subject to the requirements for repayment of such pay or bonus in accordance with the terms of the applicable agreement of the [officer](/usc/33/3002.md?p=b-3) under chapter 5 of title 37.
    - (D) **Required service is additional—** Any service required of an [officer](/usc/33/3002.md?p=b-3) under an agreement covered by this paragraph after the [officer](/usc/33/3002.md?p=b-3) returns to [active duty](/usc/33/3002.md?p=b-1) as described in [subparagraph (A)](#f-3-A) shall be in addition to any service required of the [officer](/usc/33/3002.md?p=b-3) under an agreement under [subsection (c)](#c).
  - (4) **Travel and transportation allowance—**
    - (A) **In general—** Subject to [subparagraph (B)](#f-4-B), an [officer](/usc/33/3002.md?p=b-3) 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](/usc/37/452.md) for—
      - (i) travel performed from the residence of the [officer](/usc/33/3002.md?p=b-3), at the time of release from [active duty](/usc/33/3002.md?p=b-1) to participate in the program, to the location in the United States designated by the [officer](/usc/33/3002.md?p=b-3) as the [officer](/usc/33/3002.md?p=b-3)’s residence during the period of participation in the program; and
      - (ii) travel performed to the residence of the [officer](/usc/33/3002.md?p=b-3) upon return to [active duty](/usc/33/3002.md?p=b-1) at the end of the participation of the [officer](/usc/33/3002.md?p=b-3) in the program.
    - (B) **Single residence—** An allowance is payable under this paragraph only with respect to travel of an [officer](/usc/33/3002.md?p=b-3) to and from a single residence.
  - (5) **Leave balance—** An [officer](/usc/33/3002.md?p=b-3) who participates in a program under this section is entitled to carry forward the leave balance existing as of the day on which the [officer](/usc/33/3002.md?p=b-3) begins participation and accumulated in accordance with [section 701 of title 10](/usc/10/701.md), but not to exceed 60 days.
- (g) **Promotion—**
  - (1) **In general—** An [officer](/usc/33/3002.md?p=b-3) participating in a program under this section shall not, while participating in the program, be eligible for consideration for promotion under this subchapter.
  - (2) **Return to service—** Upon the return of an [officer](/usc/33/3002.md?p=b-3) to [active duty](/usc/33/3002.md?p=b-1) after completion by the [officer](/usc/33/3002.md?p=b-3) of participation in a program under this section—
    - (A) the [Secretary](/usc/33/3002.md?p=b-6) may adjust the date of rank of the [officer](/usc/33/3002.md?p=b-3) in such manner as the [Secretary](/usc/33/3002.md?p=b-6) shall prescribe in regulations for purposes of this section; and
    - (B) the [officer](/usc/33/3002.md?p=b-3) shall be eligible for consideration for promotion when [officers](/usc/33/3002.md?p=b-3) of the same competitive category, [grade](/usc/33/3002.md?p=b-2), and seniority are eligible for consideration for promotion.
- (h) **Continued entitlements—** An [officer](/usc/33/3002.md?p=b-3) 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](/usc/33/3002.md?p=b-1) for a period of more than 30 days for purposes of—
  - (1) the entitlement of the [officer](/usc/33/3002.md?p=b-3) and of the dependents of the [officer](/usc/33/3002.md?p=b-3) to medical and dental care under the provisions of [chapter 55](/usc/10/chstA/ptII/ch55.md) of title 10, ; and
  - (2) retirement or separation for physical disability under the provisions of subchapter III.

## Source credit

(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.)

## Notes

### Editorial Notes

### Amendments

2022—Subsec. (f)(4)(A). Pub. L. 117–263 substituted “section 452” for “section 474”.