Collapse to view only § 3001. Commissioned officer corps
- § 3001. Commissioned officer corps
- § 3002. Definitions
- § 3003. Authorized number on the active list
- § 3004. Strength and distribution in grade
- § 3005. Number of authorized commissioned officers
- § 3006. Obligated service requirement
- § 3007. Training and physical fitness
- § 3008. Aviation accession training programs
- § 3009. Use of recruiting materials for public relations
- § 3010. Awards and decorations
§ 3001. Commissioned officer corps
There shall be in the National Oceanic and Atmospheric Administration a commissioned officer corps.
(Pub. L. 107–372, title II, § 211, Dec. 19, 2002, 116 Stat. 3082.)
§ 3002. Definitions
(a) Applicability of definitions in title 10
(b) Additional definitions
In this chapter:
(1) Active duty
(2) Grade
(3) Officer
(4) Officer candidate
(5) Flag officer
(6) Secretary
(7) Administration
(8) Under Secretary
(Pub. L. 107–372, title II, § 212, Dec. 19, 2002, 116 Stat. 3082; Pub. L. 116–259, title III, § 305(c), Dec. 23, 2020, 134 Stat. 1173; Pub. L. 117–263, div. K, title CXVII, § 11701, Dec. 23, 2022, 136 Stat. 4156.)
§ 3003. Authorized number on the active list
(a) Annual strength on active list
(b) Lineal list
(Pub. L. 107–372, title II, § 213, Dec. 19, 2002, 116 Stat. 3083.)
§ 3004. Strength and distribution in grade
(a) Grades
The commissioned grades in the commissioned officer corps of the Administration are the following, in relative rank with officers of the Navy:
(1) Vice admiral.
(2) Rear admiral.
(3) Rear admiral (lower half).
(4) Captain.
(5) Commander.
(6) Lieutenant commander.
(7) Lieutenant.
(8) Lieutenant (junior grade).
(9) Ensign.
(b) Grade distribution
(c) Annual computation of number in grade
(1) In general
(2) Method of computation
(3) Fractions
(d) Temporary increase in numbers
(e) Positions of importance and responsibility
(f) Preservation of grade and pay
(Pub. L. 107–372, title II, § 214, Dec. 19, 2002, 116 Stat. 3083; Pub. L. 116–259, title I, § 101, Dec. 23, 2020, 134 Stat. 1154.)
§ 3005. Number of authorized commissioned officers
(a) In general
(b) Positions of importance and responsibility
Officers serving in positions designated under section 3028 of this title and officers recalled from retired status or detailed to an agency other than the Administration—
(1) may not be counted in determining the total number of authorized officers on the lineal list under this section; and
(2) may not count against such number.
(Pub. L. 107–372, title II, § 215, Dec. 19, 2002, 116 Stat. 3084; Pub. L. 110–386, § 6, Oct. 10, 2008, 122 Stat. 4108; Pub. L. 116–259, title I, § 102(a), Dec. 23, 2020, 134 Stat. 1155.)
§ 3006. Obligated service requirement
(a) In general
(1) Regulations
(2) Written agreements
(b) Repayment for failure to satisfy requirements
(1) In general
(2) Obligation as debt to United States
(3) Discharge in bankruptcy
(c) Waiver or suspension of complianceThe Secretary may waive the service obligation of an officer who—
(1) becomes unqualified to serve on active duty in the commissioned officer corps of the Administration because of a circumstance not within the control of that officer; or
(2) is—
(A) not physically qualified for appointment; and
(B) determined to be unqualified for service in the commissioned officer corps of the Administration because of a physical or medical condition that was not the result of the officer’s own misconduct or grossly negligent conduct.
(Pub. L. 107–372, title II, § 216, as added Pub. L. 116–259, title I, § 103(a), Dec. 23, 2020, 134 Stat. 1155.)
§ 3007. Training and physical fitness
(a) Training
The Secretary may take such measures as may be necessary to ensure that officers are prepared to carry out their duties in the commissioned officer corps of the Administration and proficient in the skills necessary to carry out such duties. Such measures may include the following:
(1) Carrying out training programs and correspondence courses, including establishing and operating a basic officer training program to provide initial indoctrination and maritime vocational training for officer candidates as well as refresher training, mid-career training, aviation training, and such other training as the Secretary considers necessary for officer development and proficiency.
(2) Providing officers and officer candidates with educational materials.
(3) Acquiring such equipment as may be necessary for training and instructional purposes.
(b) Physical fitness
(Pub. L. 107–372, title II, § 217, as added Pub. L. 116–259, title I, § 104(a), Dec. 23, 2020, 134 Stat. 1156.)
§ 3008. Aviation accession training programs
(a) DefinitionsIn this section:
(1) Administrator
(2) Member of the program
(3) Program
(b) Aviation accession training programs
(1) Establishment authorized
(2) Institutions describedAn institution described in this paragraph is an educational institution—
(A) that requests to enter into an agreement with the Administrator providing for the establishment of the program at the institution;
(B) that has, as a part of its curriculum, a four-year baccalaureate program of professional flight and piloting instruction that is accredited by the Aviation Accreditation Board International;
(C) that is located in a geographic area that—
(i) experiences a wide variation in climate-related activity, including frequent high winds, convective activity (including tornadoes), periods of low visibility, heat, and snow and ice episodes, to provide opportunities for pilots to demonstrate skill in all weather conditions compatible with future encounters during their service in the commissioned officer corps of the Administration; and
(ii) has a climate that can accommodate both primary and advanced flight training activity at least 75 percent of the year; and
(D) at which the Administrator determines that—
(i) there will be at least one student enrolled in the program; and
(ii) the provisions of this section are otherwise satisfied.
(3) Limitations in connection with particular institutionsThe program may not be established or maintained at an institution unless—
(A) the senior commissioned officer or employee of the commissioned officer corps of the Administration who is assigned as an advisor to the program at that institution is given the academic rank of adjunct professor; and
(B) the institution fulfills the terms of its agreement with the Administrator.
(4) Membership in connection with status as student
(c) Membership
(1) EligibilityTo be eligible for membership in the program, an individual must—
(A) be a student at an institution at which the program is established;
(B) be a citizen of the United States;
(C) contract in writing, with the consent of a parent or guardian if a minor, with the Administrator, to—
(i) accept an appointment, if offered, as a commissioned officer in the commissioned officer corps of the Administration; and
(ii) serve in the commissioned officer corps of the Administration for not fewer than four years;
(D) enroll in—
(i) a four-year baccalaureate program of professional flight and piloting instruction; and
(ii) other training or education, including basic officer training, which is prescribed by the Administrator as meeting the preliminary requirement for admission to the commissioned officer corps of the Administration; and
(E) execute a certificate or take an oath relating to morality and conduct in such form as the Administrator prescribes.
(2) Completion of program
(d) Financial assistance for qualified members
(1) Expenses of course of instruction
(A) In general
(B) Assistance after fourth academic year
(2) Room and board
(3) Failure to complete program or accept commission
(e) Repayment of unearned portion of financial assistance when conditions of payment not met
(1) In generalA member of the program who receives or benefits from assistance under subsection (d), and whose receipt of or benefit from such assistance is subject to the condition that the member fully satisfy the requirements of subsection (c), shall repay to the United States an amount equal to the assistance received or benefitted from if the member fails to fully satisfy such requirements and may not receive or benefit from any unpaid amounts of such assistance after the member fails to satisfy such requirements, unless the Administrator determines that the imposition of the repayment requirement and the termination of payment of unpaid amounts of such assistance with regard to the member would be—
(A) contrary to a personnel policy or management objective;
(B) against equity and good conscience; or
(C) contrary to the best interests of the United States.
(2) Regulations
(3) Obligation as debt to United States
(Pub. L. 107–372, title II, § 218, as added Pub. L. 116–259, title I, § 105(a), Dec. 23, 2020, 134 Stat. 1157.)
§ 3009. Use of recruiting materials for public relations
The Secretary may use for public relations purposes of the Department of Commerce any advertising materials developed for use for recruitment and retention of personnel for the commissioned officer corps of the Administration. Any such use shall be under such conditions and subject to such restrictions as the Secretary shall prescribe.
(Pub. L. 107–372, title II, § 219, as added Pub. L. 116–259, title I, § 106(a), Dec. 23, 2020, 134 Stat. 1159.)
§ 3010. Awards and decorations
The Under Secretary may provide ribbons, medals, badges, trophies, and similar devices to members of the commissioned officer corps of the Administration and to members of other uniformed services for service and achievement in support of the missions of the Administration.
(Pub. L. 107–372, title II, § 220, as added Pub. L. 117–263, div. K, title CXVII, § 11704(a), Dec. 23, 2022, 136 Stat. 4156.)