### §3022. Personnel boards

#### (a) Convening

Not 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 general

A 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 officers

Officers on the retired list may be recalled to serve on such personnel boards as the Secretary considers necessary.

#### (3) No membership on two successive boards

No officer may be a member of two successive personnel boards convened to consider officers of the same grade for promotion or separation.

#### (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

If 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 general

The 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) 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.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in subsec. (c)(2), was in the original "this title", meaning title II of Pub. L. 107–372, Dec. 19, 2002, 116 Stat. 3082, which is classified principally to this chapter. For complete classification of this title to the Code, see Short Title note set out under section 3001 of this title and Tables.

#### Prior Provisions

Provisions similar to those in this section were contained in section 853r of this title prior to repeal by Pub. L. 107–372.

#### Amendments

2020—Pub. L. 116–259 amended section generally. Prior to amendment, section related to convening, duties and recommendations of personnel boards.