[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3066 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 3066
To amend title 14, United States Code, to make certain changes to Coast
Guard personnel programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 3, 2019
Mrs. Fletcher introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend title 14, United States Code, to make certain changes to Coast
Guard personnel programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Our Coast Guard Members
Act of 2019''.
SEC. 2. AUTHORITY FOR OFFICERS TO OPT OUT OF PROMOTION BOARD
CONSIDERATION.
(a) Eligibility of Officers for Consideration for Promotion.--
Section 2113 of title 14, United States Code, is amended by adding at
the end the following:
``(g)(1) Notwithstanding subsection (a), the Commandant may provide
that an officer may, upon the officer's request and with the approval
of the Commandant, be excluded from consideration by a selection board
convened under section 2106(a).
``(2) The Commandant shall approve a request under paragraph (1)
only if--
``(A) the basis for the request is to allow the officer to
complete a broadening assignment, advanced education, another
assignment of significant value to the Coast Guard, a career
progression requirement delayed by the assignment or education,
or a qualifying personal or professional circumstance, as
determined by the Commandant;
``(B) the Commandant determines the exclusion from
consideration is in the best interest of the Coast Guard; and
``(C) the officer has not previously failed of selection
for promotion to the grade for which the officer requests the
exclusion from consideration.''.
(b) Eligibility of Reserve Officer for Promotion.--Section 3743 of
title 14, United States Code, is amended to read as follows:
``Sec. 3743. Eligibility for promotion
``(a) In General.--Except as provided in subsection (b), a Reserve
officer is eligible for consideration for promotion and for promotion
under this subchapter, if that officer is in an active status.
``(b) Exception.--A Reserve officer who has been considered but not
recommended for retention in an active status by a board convened under
subsection 3752(a) of this title, is not eligible for consideration for
promotion.
``(c) Request for Exclusion.--
``(1) In general.--The Commandant may provide that an
officer may, upon the officer's request and with the approval
of the Commandant, be excluded from consideration by a
selection board convened under section 3740(b) of this title to
consider officers for promotion to the next higher grade.
``(2) Approval of request.--The Commandant shall approve a
request under paragraph (1) only if--
``(A) the basis for the request is to allow an
officer to complete a broadening assignment, advanced
education, another assignment of significant value to
the Coast Guard, a career progression requirement
delayed by the assignment or education, or a qualifying
personal or professional circumstance, as determined by
the Commandant;
``(B) the Commandant determines the exclusion from
consideration is in the best interest of the Coast
Guard; and
``(C) the officer has not previously failed of
selection for promotion to the grade for which the
officer requests the exclusion from consideration.''.
SEC. 3. TEMPORARY PROMOTION AUTHORITY FOR OFFICERS IN CERTAIN GRADES
WITH CRITICAL SKILLS.
(a) In General.--Chapter 21 of title 14, United States Code, is
amended by inserting after section 2129 the following:
``Sec. 2130. Promotion to certain grades for officers with critical
skills: captain, commander, lieutenant commander,
lieutenant
``(a) In General.--An officer in the grade of lieutenant (junior
grade), lieutenant, lieutenant commander, or commander, who is
described in subsection (b) may be temporarily promoted to the grade of
lieutenant, lieutenant commander, commander, or captain under
regulations prescribed by the Secretary. Appointments under this
section shall be made by the President, by and with the advice and
consent of the Senate.
``(b) Covered Officers.--An officer described in this subsection is
any officer in a grade specified in subsection (a) who--
``(1) has a skill in which the Coast Guard has a critical
shortage of personnel (as determined by the Secretary); and
``(2) is serving in a position (as determined by the
Secretary) that--
``(A) is designated to be held by a lieutenant,
lieutenant commander, commander, or captain; and
``(B) requires that an officer serving in such
position have the skill possessed by such officer.
``(c) Preservation of Position and Status of Officers Appointed.--
``(1) The temporary positions authorized under this section
shall not be counted among or included in the list of positions
on the active duty promotion list.
``(2) An appointment under this section does not change the
position on the active-duty list or the permanent,
probationary, or acting status of the officer so appointed,
prejudice the officer in regard to other promotions or
appointments, or abridge the rights or benefits of the officer.
``(d) Board Recommendation Required.--A temporary promotion under
this section may be made only upon the recommendation of a board of
officers convened by the Secretary for the purpose of recommending
officers for such promotions.
``(e) Acceptance and Effective Date of Appointment.--Each
appointment under this section, unless expressly declined, is, without
formal acceptance, regarded as accepted on the date such appointment is
made, and a member so appointed is entitled to the pay and allowances
of the grade of the temporary promotion under this section beginning on
the date the appointment is made.
``(f) Termination of Appointment.--Unless sooner terminated, an
appointment under this section terminates--
``(1) on the date the officer who received the appointment
is promoted to the permanent grade of lieutenant, lieutenant
commander, commander, or captain;
``(2) on the date the officer is detached from a position
described in subsection (b)(2), unless the officer is on a
promotion list to the permanent grade of lieutenant, lieutenant
commander, commander, or captain, in which case the appointment
terminates on the date the officer is promoted to that grade;
or
``(3) when the appointment officer determines that the
officer who received the appointment has engaged in misconduct
or has displayed substandard performance.
``(g) Limitation on Number of Eligible Positions.--An appointment
under this section may only be made for service in a position
designated by the Secretary for the purposes of this section. The
number of positions so designated may not exceed the following
percentages of the respective grades:
``(1) As lieutenant, 0.5 percent.
``(2) As lieutenant commander, 3.0 percent.
``(3) As commander, 2.6 percent.
``(4) As captain, 2.6 percent.''.
(b) Clerical Amendment.--The analysis at the beginning of such
chapter is amended by adding at the end the following new item:
``2130. Promotion to certain grades for officers with critical skills:
captain, commander, lieutenant commander,
lieutenant.''.
SEC. 4. CAREER INTERMISSION PROGRAM.
(a) In General.--Subchapter I of chapter 25 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 2514. Career flexibility to enhance retention of members
``(a) Programs Authorized.--The Commandant may carry out a program
under which members of the Coast Guard may be inactivated from active
service in order to meet personal or professional needs and returned to
active service at the end of such period of inactivation from active
service.
``(b) Period of Inactivation From Active Service; Effect of
Inactivation.--
``(1) In general.--The period of inactivation from active
service under a program under this section of a member
participating in the program shall be such period as the
Commandant shall specify in the agreement of the member under
subsection (c), except that such period may not exceed three
years.
``(2) Exclusion from years of service.--Any service by a
Reserve officer while participating in a program under this
section shall be excluded from computation of the total years
of service of that officer pursuant to section 14706(a) of
title 10.
``(3) Exclusion from retirement.--Any period of
participation of a member in a program under this section shall
not count toward--
``(A) eligibility for retirement or transfer to the
Ready Reserve under either chapter 571 or 1223 of title
10; or
``(B) computation of retired or retainer pay under
chapter 71 or 1223 of title 10.
``(c) Agreement.--Each member of the Coast Guard who participates
in a program under this section shall enter into a written agreement
with the Commandant under which that member shall agree as follows:
``(1) To accept an appointment or enlist, as applicable,
and serve in the Coast Guard Ready Reserve during the period of
the inactivation of the member from active service under the
program.
``(2) To undergo during the period of the inactivation of
the member from active service under the program such inactive
service training as the Commandant shall require in order to
ensure that the member retains proficiency, at a level
determined by the Commandant to be sufficient, in the military
skills, professional qualifications, and physical readiness of
the member during the inactivation of the member from active
service.
``(3) Following completion of the period of the
inactivation of the member from active service under the
program, to serve two months as a member of the Coast Guard on
active service for each month of the period of the inactivation
of the member from active service under the program.
``(d) Conditions of Release.--The Commandant shall prescribe
regulations specifying the guidelines regarding the conditions of
release that must be considered and addressed in the agreement required
by subsection (c). At a minimum, the Commandant shall prescribe the
procedures and standards to be used to instruct a member on the
obligations to be assumed by the member under paragraph (2) of such
subsection while the member is released from active service.
``(e) Order to Active Service.--Under regulations prescribed by the
Commandant, a member of the Coast Guard participating in a program
under this section may, in the discretion of the Commandant, be
required to terminate participation in the program and be ordered to
active service.
``(f) Pay and Allowances.--
``(1) Basic pay.--During each month of participation in a
program under this section, a member 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
member would otherwise be entitled under section 204 of title
37 as a member of the uniformed services on active service in
the grade and years of service of the member when the member
commences participation in the program.
``(2) Special or incentive pay or bonus.--
``(A) Prohibition.--A member who participates in
such a program shall not, while participating in the
program, be paid any special or incentive pay or bonus
to which the member is otherwise entitled under an
agreement under chapter 5 of title 37 or section 1925
of this title that is in force when the member
commences participation in the program.
``(B) Not treated as failure to perform services.--
The inactivation from active service of a member
participating in a program shall not be treated as a
failure of the member to perform any period of service
required of the member in connection with an agreement
for a special or incentive pay or bonus under chapter 5
of title 37 that is in force when the member commences
participation in the program.
``(3) Return to active service.--
``(A) Special or incentive pay or bonus.--Subject
to subparagraph (B), upon the return of a member to
active service after completion by the member of
participation in a program--
``(i) any agreement entered into by the
member under chapter 5 of title 37 for the
payment of a special or incentive pay or bonus
that was in force when the member 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 member commenced participation in
the program; and
``(ii) any special or incentive pay or
bonus shall be payable to the member 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 a member if, at the time of the
return of the member to active service as
described in that subparagraph--
``(I) such pay or bonus is no
longer authorized by law; or
``(II) the member does not satisfy
eligibility criteria for such pay or
bonus as in effect at the time of the
return of the member to active service.
``(ii) Pay or bonus ceases being
authorized.--Subparagraph (A) shall cease to
apply to any special or incentive pay or bonus
otherwise covered by that subparagraph with
respect to a member if, during the term of the
revived agreement of the member under
subparagraph (A)(i), such pay or bonus ceases
being authorized by law.
``(C) Repayment.--A member 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) shall be subject to the
requirements for repayment of such pay or bonus in
accordance with the terms of the applicable agreement
of the member under chapter 5 of title 37.
``(D) Required service is additional.--Any service
required of a member under an agreement covered by this
paragraph after the member returns to active service as
described in subparagraph (A) shall be in addition to
any service required of the member under an agreement
under subsection (c).
``(4) Travel and transportation allowance.--
``(A) In general.--Subject to subparagraph (B), a
member who participates in a program is entitled, while
participating in the program, to the travel and
transportation allowances authorized by section 474 of
title 37 for--
``(i) travel performed from the residence
of the member, at the time of release from
active service to participate in the program,
to the location in the United States designated
by the member as the member's residence during
the period of participation in the program; and
``(ii) travel performed to the residence of
the member upon return to active service at the
end of the participation of the member in the
program.
``(B) Single residence.--An allowance is payable
under this paragraph only with respect to travel of a
member to and from a single residence.
``(5) Leave balance.--A member who participates in a
program is entitled to carry forward the leave balance existing
as of the day on which the member begins participation and
accumulated in accordance with section 701 of title 10, but not
to exceed 60 days.
``(g) Promotion.--
``(1) Officers.--
``(A) In general.--An officer participating in a
program under this section shall not, while
participating in the program, be eligible for
consideration for promotion under chapter 21 or 37 of
this title.
``(B) Return to service.--Upon the return of an
officer to active service after completion by the
officer of participation in a program--
``(i) the Commandant may adjust the date of
rank of the officer in such manner as the
Commandant shall prescribe in regulations for
purposes of this section; and
``(ii) 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.
``(2) Enlisted members.--An enlisted member participating
in a program shall not be eligible for consideration for
advancement during the period that--
``(A) begins on the date of the inactivation of the
member from active service under the program; and
``(B) ends at such time after the return of the
member to active service under the program that the
member is treatable as eligible for promotion by reason
of time in grade and such other requirements as the
Commandant shall prescribe in regulations for purposes
of the program.
``(h) Continued Entitlements.--A member participating in a program
under this section shall, while participating in the program, be
treated as a member of the Armed Forces on active duty for a period of
more than 30 days for purposes of--
``(1) the entitlement of the member and of the dependents
of the member to medical and dental care under the provisions
of chapter 55 of this title; and
``(2) retirement or separation for physical disability
under the provisions of chapter 61 of title 10 and chapters 21
and 23 of this title.''.
(b) Clerical Amendment.--The analysis for such chapter is amended
by inserting after the item relating to section 2513 the following:
``2514. Career flexibility to enhance retention of members.''.
SEC. 5. EMPLOYMENT ASSISTANCE.
(a) In General.--Subchapter I of chapter 27 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 2713. Employment assistance
``(a) In General.--In order to improve the accuracy and
completeness of a certification or verification of job skills and
experience required by section 1143(a)(1) of title 10, the Secretary
shall--
``(1) establish a database to record all training performed
by members of the Coast Guard that may have application to
employment in the civilian sector; and
``(2) make unclassified information regarding such
information available to States and other potential employers
referred to in section 1143(c) of title 10 so that State and
other entities may allow military training to satisfy licensing
or certification requirements to engage in a civilian
profession.
``(b) Form of Certification or Verification.--The Secretary shall
ensure that a certification or verification of job skills and
experience required by section 1143(a)(1) of title 10 is rendered in
such a way that States and other potential employers can confirm the
accuracy and authenticity of the certification or verification.
``(c) Requests by States.--A State may request that the Secretary
confirm the accuracy and authenticity of a certification or
verification of jobs skills and experience provided under section
1143(c) of title 10.''.
(b) Clerical Amendment.--The analysis for such chapter is amended
by inserting after the item relating to section 2712 the following:
``2713. Employment assistance.''.
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