[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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