Collapse to view only § 3033. Suspension during war or emergency
- § 3021. Original appointments and reappointments
- § 3022. Personnel boards
- § 3023. Separation of ensigns found not fully qualified
- § 3024. Promotion by selection to permanent grades above lieutenant (junior grade)
- § 3025. Length of service for promotion purposes
- § 3026. Appointments and promotions to permanent grades
- § 3027. General qualification of officers for promotion to higher permanent grade
- § 3028. Positions of importance and responsibility
- § 3029. Temporary appointments
- § 3030. Temporary appointment or advancement of commissioned officers in time of war or national emergency
- § 3031. Pay and allowances; date of acceptance of promotion
- § 3032. Service credit as deck officer or junior engineer for promotion purposes
- § 3033. Suspension during war or emergency
- § 3034. Officer candidates
- § 3035. Procurement of personnel
- § 3036. Career flexibility to enhance retention of officers
§ 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 grade
(ii) Rank
(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 academy
(b) Reappointment
(1) In general
(2) Reappointments to higher grades
(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.1
1 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 precedence
(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.
(Pub. L. 107–372, title II, § 221, Dec. 19, 2002, 116 Stat. 3084; Pub. L. 116–259, title III, § 301(a), Dec. 23, 2020, 134 Stat. 1169; Pub. L. 117–263, div. K, title CXVII, § 11702, Dec. 23, 2022, 136 Stat. 4156.)
§ 3022. Personnel boards
(a) Convening
(b) Membership
(1) In general
(2) Retired officers
(3) No membership on two successive boards
(c) Duties
Each 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 acceptable
(e) Authority for officers to opt out of promotion consideration
(1) In general
(2) Approval
The 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.
(Pub. L. 107–372, title II, § 222, Dec. 19, 2002, 116 Stat. 3085; Pub. L. 116–259, title III, § 302, Dec. 23, 2020, 134 Stat. 1171.)
§ 3023. Separation of ensigns found not fully qualified
If an officer in the permanent grade of ensign is at any time found not fully qualified, the officer’s commission shall be revoked and the officer shall be separated from the commissioned service.
(Pub. L. 107–372, title II, § 223, Dec. 19, 2002, 116 Stat. 3085; Pub. L. 117–263, div. K, title CXVII, § 11703(a), Dec. 23, 2022, 136 Stat. 4156.)
§ 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.
(Pub. L. 107–372, title II, § 224, Dec. 19, 2002, 116 Stat. 3085.)
§ 3025. Length of service for promotion purposes
(a) General rule
(b) Exception
(Pub. L. 107–372, title II, § 225, Dec. 19, 2002, 116 Stat. 3085.)
§ 3026. Appointments and promotions to permanent grades
Appointments in and promotions to all permanent grades shall be made by the President.
(Pub. L. 107–372, title II, § 226, Dec. 19, 2002, 116 Stat. 3085; Pub. L. 112–166, § 2(gg)(1), Aug. 10, 2012, 126 Stat. 1290.)
§ 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.
(Pub. L. 107–372, title II, § 227, Dec. 19, 2002, 116 Stat. 3085.)
§ 3028. Positions of importance and responsibility
(a) Designation of positions
(b) Assignment of officers to designated positions
(c) Director of NOAA Corps and Office of Marine and Aviation Operations
(d) Grade
(1) Temporary appointment to grade designated for position
(2) Reversion to permanent grade
(e) Limit on number of officers appointed
(f) Pay and allowances
(g) Effect of appointment
An 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.
(Pub. L. 107–372, title II, § 228, Dec. 19, 2002, 116 Stat. 3086; Pub. L. 112–166, § 2(gg)(2), Aug. 10, 2012, 126 Stat. 1290; Pub. L. 116–259, title III, § 303, Dec. 23, 2020, 134 Stat. 1171.)
§ 3029. Temporary appointments
(a) Appointments by President
(b) Termination
(c) Order of precedence
(d) Any one grade
(Pub. L. 107–372, title II, § 229, Dec. 19, 2002, 116 Stat. 3087; Pub. L. 112–166, § 2(gg)(3), Aug. 10, 2012, 126 Stat. 1290; Pub. L. 116–259, title III, § 304(a), Dec. 23, 2020, 134 Stat. 1172.)
§ 3030. Temporary appointment or advancement of commissioned officers in time of war or national emergency
(a) In general
(b) Limitations
Subsection (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.
(Pub. L. 107–372, title II, § 230, Dec. 19, 2002, 116 Stat. 3087.)
§ 3031. Pay and allowances; date of acceptance of promotion
(a) Acceptance and date of promotion
An 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 office
(Pub. L. 107–372, title II, § 231, Dec. 19, 2002, 116 Stat. 3087.)
§ 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.
(Pub. L. 107–372, title II, § 232, Dec. 19, 2002, 116 Stat. 3088.)
§ 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.
(Pub. L. 107–372, title II, § 233, Dec. 19, 2002, 116 Stat. 3088.)
§ 3034. Officer candidates
(a) Determination of number
(b) Appointment
(c) Dismissal
(d) Agreement
(1) In general
(2) Elements
An 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)
(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) Regulations
The 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) Repayment
(Pub. L. 107–372, title II, § 234, as added Pub. L. 116–259, title III, § 305(a), Dec. 23, 2020, 134 Stat. 1172.)
§ 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.
(Pub. L. 107–372, title II, § 235, as added Pub. L. 116–259, title III, § 306(a), Dec. 23, 2020, 134 Stat. 1174.)
§ 3036. Career flexibility to enhance retention of officers
(a) Programs authorized
(b) Period of inactivation from active duty; effect of inactivation
(1) In general
(2) Exclusion from retirement
(c) Agreement
Each 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 release
The 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 duty
(f) Pay and allowances
(1) Basic pay
(2) Special or incentive pay or bonus
(A) Prohibition
(B) Not treated as failure to perform services
(3) Return to active duty
(A) Special or incentive pay or bonus
Subject 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 general
Subparagraph (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 authorized
(C) Repayment
(D) Required service is additional
(4) Travel and transportation allowance
(A) In general
Subject 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 residence
(5) Leave balance
(g) Promotion
(1) In general
(2) Return to service
Upon 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 entitlements
An 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.
(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.)