USC Subchapter II

USC Subchapter II
in effect

33 U.S.C. § 3021 Original appointments and reappointments

(a) Original appointments(1) Grades(A) In generalExcept as provided in subparagraph (B), an original appointment of an officer may be made in such grades as may be appropriate for—(i) the qualification, experience, and length of service of the appointee; and (ii) the commissioned officer corps of the Administration. (B) Appointment of officer candidates(i) Limitation on gradeAn original appointment of an officer candidate, upon graduation from the basic officer training program of the commissioned officer corps of the Administration, may not be made in any other grade than ensign. (ii) RankOfficer candidates receiving appointments as ensigns upon graduation from the basic officer training program shall take rank according to their proficiency as shown by the order of their merit at date of graduation. (2) Source of appointmentsAn original appointment may be made from among the following:(A) Graduates of the basic officer training program of the commissioned officer corps of the Administration. (B) Subject to the approval of the Secretary of Defense, graduates of the military service academies of the United States who otherwise meet the academic standards for enrollment in the training program described in subparagraph (A). (C) Graduates of the State maritime academies who—(i) otherwise meet the academic standards for enrollment in the training program described in subparagraph (A); (ii) completed at least three years of regimented training while at a State maritime academy; and (iii) obtained an unlimited tonnage or unlimited horsepower Merchant Mariner Credential from the United States Coast Guard. (D) Licensed officers of the United States merchant marine who have served two or more years aboard a vessel of the United States in the capacity of a licensed officer, who otherwise meet the academic standards for enrollment in the training program described in subparagraph (A). (3) DefinitionsIn this subsection:(A) Military service academies of the United StatesThe term “military service academies of the United States” means the following:(i) The United States Military Academy, West Point, New York. (ii) The United States Naval Academy, Annapolis, Maryland. (iii) The United States Air Force Academy, Colorado Springs, Colorado. (iv) The United States Coast Guard Academy, New London, Connecticut. (v) The United States Merchant Marine Academy, Kings Point, New York. (B) State maritime academyThe term “State maritime academy” has the meaning given the term in section 51102 of title 46. (b) Reappointment(1) In generalExcept as provided in paragraph (2), an individual who previously served in the commissioned officer corps of the Administration may be appointed by the Secretary to the grade the individual held prior to separation. (2) Reappointments to higher gradesAn appointment under paragraph (1) to a position of importance and responsibility designated under section 3028 of this title may only be made by the President. (c) QualificationsAn appointment under subsection (a) or (b) may—(1) be given only to an individual who is a citizen of the United States; and (2) not be given.11 So in original. The period probably should not appear. to an individual until the individual’s mental, moral, physical, and professional fitness to perform the duties of an officer has been established under such regulations as the Secretary shall prescribe. (d) Order of precedenceAppointees under this section shall take precedence in the grade to which appointed in accordance with the dates of their commissions as commissioned officers in such grade. The order of precedence of appointees whose dates of commission are the same shall be determined by the Secretary. (e) Inter-service transfersFor inter-service transfers (as described in Department of Defense Directive 1300.4 (dated December 27, 2006)) the Secretary shall—(1) coordinate with the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating to promote and streamline inter-service transfers; (2) give preference to such inter-service transfers for recruitment purposes as determined appropriate by the Secretary; and (3) reappoint such inter-service transfers to the equivalent grade in the commissioned officer corps of the Administration.

33 U.S.C. § 3022 Personnel boards

(a) ConveningNot less frequently than once each year and at such other times as the Secretary determines necessary, the Secretary shall convene a personnel board. (b) Membership(1) In generalA board convened under subsection (a) shall consist of five or more officers who are serving in or above the permanent grade of the officers under consideration by the board. (2) Retired officersOfficers on the retired list may be recalled to serve on such personnel boards as the Secretary considers necessary. (3) No membership on two successive boardsNo officer may be a member of two successive personnel boards convened to consider officers of the same grade for promotion or separation. (c) DutiesEach personnel board shall—(1) recommend to the Secretary such changes as may be necessary to correct any erroneous position on the lineal list that was caused by administrative error; and (2) make selections and recommendations to the Secretary and the President for the appointment, promotion, involuntary separation, continuation, and involuntary retirement of officers in the commissioned officer corps of the Administration as prescribed in this chapter. (d) Action on recommendations not acceptableIf any recommendation by a board convened under subsection (a) is not accepted by the Secretary or the President, the board shall make such further recommendations as the Secretary or the President considers appropriate. (e) Authority for officers to opt out of promotion consideration(1) In generalThe Director of the National Oceanic and Atmospheric Administration Commissioned Officer Corps may provide that an officer, upon the officer’s request and with the approval of the Director, be excluded from consideration for promotion by a personnel board convened under this section. (2) ApprovalThe Director shall approve a request made by an officer 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 Administration, a career progression requirement delayed by the assignment or education, or a qualifying personal or professional circumstance, as determined by the Director; (B) the Director determines the exclusion from consideration is in the best interest of the Administration; and (C) the officer has not previously failed selection for promotion to the grade for which the officer requests the exclusion from consideration.

33 U.S.C. § 3023 Separation of ensigns found not fully qualified

If an officer in the grade of ensign is at any time found not fully qualified, the officer shall be separated from the commissioned service.

33 U.S.C. § 3024 Promotion by selection to permanent grades above lieutenant (junior grade)

Promotion to fill vacancies in each permanent grade above the grade of lieutenant (junior grade) shall be made by selection from the next lower grade upon recommendation of the personnel board.

33 U.S.C. § 3025 Length of service for promotion purposes

(a) General ruleEach officer shall be assumed to have, for promotion purposes, at least the same length of service as any other officer below that officer on the lineal list. (b) ExceptionNotwithstanding subsection (a), an officer who has lost numbers shall be assumed to have, for promotion purposes, no greater service than the officer next above such officer in such officer’s new position on the lineal list.

33 U.S.C. § 3026 Appointments and promotions to permanent grades

(a) In generalAppointments in and promotions to all permanent grades, other than a grade described in subsection (b), shall be made by the President. (b) Flag OfficersAppointments in and promotions to the grade of rear admiral (upper half) or above shall be made by the President, by and with the advice and consent of the Senate.

33 U.S.C. § 3027 General qualification of officers for promotion to higher permanent grade

No officer may be promoted to a higher permanent grade on the active list until the officer has passed a satisfactory mental and physical examination in accordance with regulations prescribed by the Secretary.

33 U.S.C. § 3028 Positions of importance and responsibility

(a) Designation of positionsThe Secretary may designate positions in the Administration as being positions of importance and responsibility for which it is appropriate that officers of the Administration, if serving in those positions, serve in the grade of vice admiral, rear admiral, or rear admiral (lower half), as designated by the Secretary for each position. (b) Assignment of officers to designated positionsThe Secretary may assign officers to positions designated under subsection (a). (c) Director of NOAA Commissioned Officer Corps and Assistant Administrator for Marine and Aviation OperationsThe President shall designate one position as responsible for oversight of the vessel and aircraft fleets and for the administration of the commissioned officer corps. The President shall fill that position by appointing, by and with the advice and consent of the Senate, an officer on the lineal list who has served, on the date of such appointment, in the grade of captain or above for not less than one year. For the specific purpose of administering the commissioned officer corps, that position shall carry the title of Director of the National Oceanic and Atmospheric Administration Commissioned Officer Corps. For the specific purpose of administering the vessel and aircraft fleets, that position shall carry the title of Assistant Administrator of the National Oceanic and Atmospheric Administration for Marine and Aviation Operations. (d) Grade(1) Temporary appointment to grade designated for positionAn officer assigned to a position under this section while so serving has the grade designated for that position, if appointed to that grade by the President. (2) Reversion to permanent gradeAn officer who has served in a grade above captain, upon termination of the officer’s assignment to the position for which that appointment was made, shall, unless appointed or assigned to another position for which a higher grade is designated or immediately beginning a period of terminal leave, revert to the grade and number the officer would have occupied but for serving in a grade above that of captain. In such a case, the officer shall be an extra number in that grade. (e) Limit on number of officers appointedThe total number of officers serving on active duty at any one time in the grade of rear admiral (lower half) or above may not exceed five, with only one serving in the grade of vice admiral. (f) Pay and allowancesAn officer appointed to a grade under this section, while serving in that grade or in a period of annual leave used at the end of the appointment, shall have the pay and allowances of the grade to which appointed. (g) Effect of appointmentAn appointment of an officer under this section—(1) does not vacate the permanent grade held by the officer; and (2) creates a vacancy on the active list.

33 U.S.C. § 3029 Temporary appointments

(a) Appointments by PresidentTemporary appointments in the grade of ensign, lieutenant junior grade, or lieutenant may be made by the President. (b) TerminationA temporary appointment to a position under subsection (a) shall terminate upon approval of a permanent appointment for such position made by the President. (c) Order of precedenceAppointees under subsection (a) shall take precedence in the grade to which appointed in accordance with the dates of their appointments as officers in such grade. The order of precedence of appointees who are appointed on the same date shall be determined by the Secretary. (d) Any one gradeWhen determined by the Secretary to be in the best interest of the commissioned officer corps of the Administration, officers in any permanent grade may be temporarily promoted one grade by the President. Any such temporary promotion terminates upon the transfer of the officer to a new assignment.

33 U.S.C. § 3030 Temporary appointment or advancement of commissioned officers in time of war or national emergency

(a) In generalOfficers of the Administration shall be subject in like manner and to the same extent as personnel of the Navy to all laws authorizing temporary appointment or advancement of commissioned officers in time of war or national emergency. (b) LimitationsSubsection (a) shall be applied subject to the following limitations:(1) A commissioned officer in the service of a military department under section 3061 of this title may, upon the recommendation of the Secretary of the military department concerned, be temporarily promoted to a higher rank or grade. (2) A commissioned officer in the service of the Administration may be temporarily promoted to fill vacancies in ranks and grades caused by the transfer of commissioned officers to the service and jurisdiction of a military department under section 3061 of this title. (3) Temporary appointments may be made in all grades to which original appointments in the Administration are authorized, except that the number of officers holding temporary appointments may not exceed the number of officers transferred to a military department under section 3061 of this title.

33 U.S.C. § 3031 Pay and allowances; date of acceptance of promotion

(a) Acceptance and date of promotionAn officer of the commissioned corps who is promoted to a higher grade—(1) is deemed for all purposes to have accepted the promotion upon the date the promotion is made by the President, unless the officer expressly declines the promotion; and (2) shall receive the pay and allowances of the higher grade from that date unless the officer is entitled under another provision of law to receive the pay and allowances of the higher grade from an earlier date. (b) Oath of officeAn officer who subscribed to the oath of office required by section 3331 of title 5 shall not be required to renew such oath or to take a new oath upon promotion to a higher grade, if the service of the officer after the taking of such oath is continuous.

33 U.S.C. § 3032 Service credit as deck officer or junior engineer for promotion purposes

For purposes of promotion, there shall be counted in addition to active commissioned service, service as deck officer or junior engineer.

33 U.S.C. § 3033 Suspension during war or emergency

In time of emergency declared by the President or by the Congress, and in time of war, the President is authorized, in the President’s discretion, to suspend the operation of all or any part of the provisions of law pertaining to promotion of commissioned officers of the Administration.

33 U.S.C. § 3034 Officer candidates

(a) Determination of numberThe Secretary shall determine the number of appointments of officer candidates. (b) AppointmentAppointment of officer candidates shall be made under regulations, which the Secretary shall prescribe, including regulations with respect to determining age limits, methods of selection of officer candidates, term of service as an officer candidate before graduation from the basic officer training program of the Administration, and all other matters affecting such appointment. (c) DismissalThe Secretary may dismiss from the basic officer training program of the Administration any officer candidate who, during the officer candidate’s term as an officer candidate, the Secretary considers unsatisfactory in either academics or conduct, or not adapted for a career in the commissioned officer corps of the Administration. Officer candidates shall be subject to rules governing discipline prescribed by the Director of the National Oceanic and Atmospheric Administration Commissioned Officer Corps. (d) Agreement(1) In generalEach officer candidate shall sign an agreement with the Secretary in accordance with section 3006(a)(2) of this title regarding the officer candidate’s term of service in the commissioned officer corps of the Administration. (2) ElementsAn agreement signed by an officer candidate under paragraph (1) shall provide that the officer candidate agrees to the following:(A) That the officer candidate will complete the course of instruction at the basic officer training program of the Administration. (B) That upon graduation from such program, the officer candidate—(i) will accept an appointment, if tendered, as an officer; and (ii) will serve on active duty for at least four years immediately after such appointment. (e) RegulationsThe Secretary shall prescribe regulations to carry out this section. Such regulations shall include—(1) standards for determining what constitutes a breach of an agreement signed under subsection (d)(1); and (2) procedures for determining whether such a breach has occurred. (f) RepaymentAn officer candidate or former officer candidate who does not fulfill the terms of the obligation to serve as specified under subsection (d) shall be subject to the repayment provisions of section 3006(b) of this title.

33 U.S.C. § 3035 Procurement of personnel

The Secretary may take such measures as the Secretary determines necessary in order to obtain recruits for the commissioned officer corps of the Administration, including advertising.

33 U.S.C. § 3036 Career flexibility to enhance retention of officers

(a) Programs authorizedThe Secretary may carry out a program under which officers may be inactivated from active duty in order to meet personal or professional needs and returned to active duty at the end of such period of inactivation from active duty. (b) Period of inactivation from active duty; effect of inactivation(1) In generalThe period of inactivation from active duty under a program under this section of an officer participating in the program shall be such period as the Secretary shall specify in the agreement of the officer under subsection (c), except that such period may not exceed three years. (2) Exclusion from retirementAny period of participation of an officer in a program under this section shall not count toward eligibility for retirement or computation of retired pay under subchapter III. (c) AgreementEach officer who participates in a program under this section shall enter into a written agreement with the Secretary under which that officer shall agree as follows:(1) To undergo during the period of the inactivation of the officer from active duty under the program such inactive duty training as the Director of the National Oceanic and Atmospheric Administration Commissioned Officer Corps shall require in order to ensure that the officer retains proficiency, at a level determined by the Director to be sufficient, in the technical skills, professional qualifications, and physical readiness of the officer during the inactivation of the officer from active duty. (2) Following completion of the period of the inactivation of the officer from active duty under the program, to serve two months on active duty for each month of the period of the inactivation of the officer from active duty under the program. (d) Conditions of releaseThe Secretary 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); and (2) at a minimum, prescribe the procedures and standards to be used to instruct an officer on the obligations to be assumed by the officer under paragraph (1) of such subsection while the officer is released from active duty. (e) Order to active dutyUnder regulations prescribed by the Secretary, an officer participating in a program under this section may, in the discretion of the Secretary, be required to terminate participation in the program and be ordered to active duty. (f) Pay and allowances(1) Basic payDuring each month of participation in a program under this section, an officer 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 would otherwise be entitled under section 204 of title 37 as a member of the uniformed services on active duty in the grade and years of service of the officer when the officer commences participation in the program. (2) Special or incentive pay or bonus(A) ProhibitionAn officer 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 is otherwise entitled under an agreement under chapter 5 of title 37 that is in force when the officer commences participation in the program. (B) Not treated as failure to perform servicesThe inactivation from active duty of an officer participating in a program under this section shall not be treated as a failure of the officer to perform any period of service required of the officer 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 officer commences participation in the program. (3) Return to active duty(A) Special or incentive pay or bonusSubject to subparagraph (B), upon the return of an officer to active duty after completion by the officer of participation in a program under this section—(i) any agreement entered into by the officer under chapter 5 of title 37 for the payment of a special or incentive pay or bonus that was in force when the officer 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 commenced participation in the program; and (ii) any special or incentive pay or bonus shall be payable to the officer in accordance with the terms of the agreement concerned for the term specified in clause (i). (B) Limitation(i) In generalSubparagraph (A) shall not apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to an officer if, at the time of the return of the officer to active duty as described in that subparagraph—(I) such pay or bonus is no longer authorized by law; or (II) the officer does not satisfy eligibility criteria for such pay or bonus as in effect at the time of the return of the officer to active duty. (ii) Pay or bonus ceases being authorizedSubparagraph (A) shall cease to apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to an officer if, during the term of the revived agreement of the officer under subparagraph (A)(i), such pay or bonus ceases being authorized by law. (C) RepaymentAn officer 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 officer under chapter 5 of title 37. (D) Required service is additionalAny service required of an officer under an agreement covered by this paragraph after the officer returns to active duty as described in subparagraph (A) shall be in addition to any service required of the officer under an agreement under subsection (c). (4) Travel and transportation allowance(A) In generalSubject to subparagraph (B), an officer 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 for—(i) travel performed from the residence of the officer, at the time of release from active duty to participate in the program, to the location in the United States designated by the officer as the officer’s residence during the period of participation in the program; and (ii) travel performed to the residence of the officer upon return to active duty at the end of the participation of the officer in the program. (B) Single residenceAn allowance is payable under this paragraph only with respect to travel of an officer to and from a single residence. (5) Leave balanceAn officer 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 begins participation and accumulated in accordance with section 701 of title 10, but not to exceed 60 days. (g) Promotion(1) In generalAn officer 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 serviceUpon the return of an officer to active duty after completion by the officer of participation in a program under this section—(A) the Secretary may adjust the date of rank of the officer in such manner as the Secretary shall prescribe in regulations for purposes of this section; and (B) 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. (h) Continued entitlementsAn officer 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 for a period of more than 30 days for purposes of—(1) the entitlement of the officer and of the dependents of the officer to medical and dental care under the provisions of chapter 55 of title 10, ; and (2) retirement or separation for physical disability under the provisions of subchapter III.

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