dreamproit/uscode huggingface dataset:
33 U.S.C. § 3002 (NAVIGATION AND NAVIGABLE WATERS)
§ 3002. Definitions
(a) Applicability of definitions in title 10
Except as provided in subsection (b) of this section, the definitions provided in section 101 of title 10 apply to the provisions of this chapter.
(b) Additional definitions
In this chapter:
(1) Active duty
The term “active duty” means full-time duty in the active service of a uniformed service.
(2) Grade
The term “grade” means a step or degree, in a graduated scale of office or rank, that is established and designated as a grade by law or regulation.
(3) Officer
The term “officer” means an officer of the commissioned corps.
(4) Flag officer
The term “flag officer” means an officer serving in, or having the grade of, vice admiral, rear admiral, or rear admiral (lower half).
(5) Secretary
The term “Secretary” means the Secretary of Commerce.
(6) Administration
The term “Administration” means the National Oceanic and Atmospheric Administration.
(Pub. L. 107–372, title II, § 212, Dec. 19, 2002, 116 Stat. 3082.)
heading: References in Text
text: This chapter, referred to in text, 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.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 857–1 of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3003 (NAVIGATION AND NAVIGABLE WATERS)
§ 3003. Authorized number on the active list
(a) Annual strength on active list
The annual strength of the commissioned corps in officers on the lineal list of active duty officers of the corps shall be prescribed by law.
(b) Lineal list
The Secretary shall maintain a list, known as the “lineal list”, of officers on active duty. Officers shall be carried on the lineal list by grade and, within grade, by seniority in grade.
(Pub. L. 107–372, title II, § 213, Dec. 19, 2002, 116 Stat. 3083.)
33 U.S.C. § 3004 (NAVIGATION AND NAVIGABLE WATERS)
§ 3004. Strength and distribution in grade
(a) Relative rank; proportion
Of the total authorized number of officers on the lineal list of the commissioned corps, there are authorized numbers in permanent grade, in relative rank with officers of the Navy, in proportions as follows:
(1) 8 in the grade of captain.
(2) 14 in the grade of commander.
(3) 19 in the grade of lieutenant commander.
(4) 23 in the grade of lieutenant.
(5) 18 in the grade of lieutenant (junior grade).
(6) 18 in the grade of ensign.
(b) Computation of number in grade
(1) In general
Subject to paragraph (2), whenever a final fraction occurs in computing the authorized number of officers in a grade, the nearest whole number shall be taken, and if the fraction is one-half the next higher whole number shall be taken.
(2) Limitation on increase in total number
The total number of officers on the lineal list authorized by law may not be increased as the result of the computations prescribed in this section, and if necessary the number of officers in the lowest grade shall be reduced accordingly.
(c) Preservation of grade and pay, etc.
No officer may be reduced in grade or pay or separated from the commissioned corps as the result of a computation made to determine the authorized number of officers in the various grades.
(d) Filling of vacancies; additional numbers
Nothing in this section may be construed as requiring the filling of any vacancy or as prohibiting additional numbers in any grade to compensate for vacancies existing in higher grades.
(e) Temporary increase in numbers
The total number of officers authorized by law to be on the lineal list during a fiscal year may be temporarily exceeded so long as the average number on that list during that fiscal year does not exceed the authorized number.
(Pub. L. 107–372, title II, § 214, Dec. 19, 2002, 116 Stat. 3083.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853a of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3005 (NAVIGATION AND NAVIGABLE WATERS)
§ 3005. Number of authorized commissioned officers
Effective October 1, 2009, the total number of authorized commissioned officers on the lineal list of the commissioned corps of the National Oceanic and Atmospheric Administration shall be increased from 321 to 379 if—
(1) the Secretary has submitted to the Congress—
(A) the Administration’s ship recapitalization plan for fiscal years 2010 through 2024;
(B) the Administration’s aircraft remodernization plan; and
(C) supporting workforce management plans;
(2) appropriated funding is available; and
(3) the Secretary has justified organizational needs for the commissioned corps for each such fiscal year.
(Pub. L. 107–372, title II, § 215, Dec. 19, 2002, 116 Stat. 3084; Pub. L. 110–386, § 6, Oct. 10, 2008, 122 Stat. 4108.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853a of this title prior to repeal by Pub. L. 107–372.
heading: Amendments
text: 2008—Pub. L. 110–386 amended section generally. Prior to amendment, section read as follows: “There are authorized to be on the lineal list of the commissioned corps of the National Oceanic and Atmospheric Administration—
“(1) 270 officers for fiscal year 2003;
“(2) 285 officers for fiscal year 2004; and
“(3) 299 officers for fiscal year 2005.”
33 U.S.C. § 3021 (NAVIGATION AND NAVIGABLE WATERS)
§ 3021. Original appointments
(a) In general
(1) Grades
Original appointments may be made in the grades of ensign, lieutenant (junior grade), and lieutenant.
(2) Qualifications
Under regulations prescribed by the Secretary, such an appointment may be given only to a person who—
(A) meets the qualification requirements specified in paragraphs (1) through (4) of section 532(a) of title 10; and
(B) has such other special qualifications as the Secretary may prescribe by regulation.
(3) Examination
A person may be given such an appointment only after passage of a mental and physical examination given in accordance with regulations prescribed by the Secretary.
(4) Revocation of commission of officers found not qualified
The President may revoke the commission of any officer appointed under this section during the officer’s first three years of service if the officer is found not qualified for the service. Any such revocation shall be made under regulations prescribed by the President.
(b) Lineal list
Each person appointed under this section shall be placed on the lineal list in a position commensurate with that person’s age, education, and experience, in accordance with regulations prescribed by the Secretary.
(c) Service credit upon original appointment in grade above ensign
(1) In general
For the purposes of basic pay, a person appointed under this section in the grade of lieutenant shall be credited as having, on the date of that appointment, three years of service, and a person appointed under this section in the grade of lieutenant (junior grade) shall be credited as having, as of the date of that appointment, 1½ years of service.
(2) Higher credit under other law
If a person appointed under this section is entitled to credit for the purpose of basic pay under any other provision of law that would exceed the amount of credit authorized by paragraph (1), that person shall be credited with that amount of service in lieu of the credit authorized by paragraph (1).
(Pub. L. 107–372, title II, § 221, Dec. 19, 2002, 116 Stat. 3084.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853t of this title prior to repeal by Pub. L. 107–372.
heading: Delegation of Functions
text: Functions of President under subsec. (a)(4) of this section delegated to Secretary of Commerce by section 1(g) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, as amended, set out as a note under section 301 of Title 3, The President.
33 U.S.C. § 3022 (NAVIGATION AND NAVIGABLE WATERS)
§ 3022. Personnel boards
(a) Convening
At least once a year and at such other times as the Secretary determines necessary, the Secretary shall convene a personnel board. A personnel board shall consist of not less than five officers on the lineal list in the permanent grade of commander or above.
(b) Duties
Each personnel board shall—
(1) recommend to the Secretary such changes in the lineal list as the board may determine; and
(2) make selections and recommendations to the Secretary and President for the appointment, promotion, separation, continuation, and retirement of officers as prescribed in this subchapter and subchapter III of this chapter.
(c) Action on recommendations not acceptable
In a case in which any recommendation by a board convened under subsection (a) of this section is not accepted by the Secretary or the President, the board shall make such further recommendations as are acceptable.
(Pub. L. 107–372, title II, § 222, Dec. 19, 2002, 116 Stat. 3085.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853r of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3023 (NAVIGATION AND NAVIGABLE WATERS)
§ 3023. Promotion of ensigns to grade of lieutenant (junior grade)
(a) In general
An officer in the permanent grade of ensign shall be promoted to and appointed in the grade of lieutenant (junior grade) upon completion of three years of service. The authorized number of officers in the grade of lieutenant (junior grade) shall be temporarily increased as necessary to authorize such appointment.
(b) 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.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853e of this title prior to repeal by Pub. L. 107–372.
heading: Delegation of Functions
text: Functions of President under subsec. (b) of this section delegated to Secretary of Commerce by section 1(a) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, as amended, set out as a note under section 301 of Title 3, The President.
33 U.S.C. § 3024 (NAVIGATION AND NAVIGABLE WATERS)
§ 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.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853b of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3025 (NAVIGATION AND NAVIGABLE WATERS)
§ 3025. Length of service for promotion purposes
(a) General rule
Each 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) Exception
Notwithstanding subsection (a) of this section, 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.
(Pub. L. 107–372, title II, § 225, Dec. 19, 2002, 116 Stat. 3085.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853f of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3026 (NAVIGATION AND NAVIGABLE WATERS)
§ 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.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853i(a) of this title prior to repeal by Pub. L. 107–372.
heading: Amendments
text: 2012—Pub. L. 112–166 struck out “, by and with the advice and consent of the Senate” before period at end.
heading: Effective Date of 2012 Amendment
text: Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.
33 U.S.C. § 3027 (NAVIGATION AND NAVIGABLE WATERS)
§ 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.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 854 of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3029 (NAVIGATION AND NAVIGABLE WATERS)
§ 3029. Temporary appointments and promotions generally
(a) Ensign
Temporary appointments in the grade of ensign may be made by the President. Each such temporary appointment terminates at the close of the next regular session of the Congress.
(b) Lieutenant (junior grade)
Officers in the permanent grade of ensign may be temporarily promoted to and appointed in the grade of lieutenant (junior grade) by the President whenever vacancies exist in higher grades.
(c) Any one grade
When determined by the Secretary to be in the best interest of the service, 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.
(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.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853j–1 of this title prior to repeal by Pub. L. 107–372.
heading: Amendments
text: 2012—Pub. L. 112–166 struck out “alone” after “President” wherever appearing and, in subsec. (a), struck out “unless the Senate sooner gives its advice and consent to the appointment” before period at end of second sentence.
heading: Effective Date of 2012 Amendment
text: Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.
heading: Delegation of Functions
text: Functions of President under this section delegated to Secretary of Commerce by section 1(b)–(d) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, as amended, set out as a note under section 301 of Title 3, The President.
33 U.S.C. § 3030 (NAVIGATION AND NAVIGABLE WATERS)
§ 3030. Temporary appointment or advancement of commissioned officers in time of war or national emergency
(a) In general
Officers 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) Limitations
Subsection (a) of this section 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.)
heading: Codification
text: Provisions similar to this section are contained in section 854a–1 of this title.
heading: Delegation of Functions
text: Functions of President under subsec. (b) of this section delegated to Secretary of Commerce by section 1(h)–(j) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, as amended, set out as a note under section 301 of Title 3, The President.
33 U.S.C. § 3031 (NAVIGATION AND NAVIGABLE WATERS)
§ 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
An 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.
(Pub. L. 107–372, title II, § 231, Dec. 19, 2002, 116 Stat. 3087.)
heading: Codification
text: Provisions similar to this section are contained in section 854a–2 of this title.
33 U.S.C. § 3032 (NAVIGATION AND NAVIGABLE WATERS)
§ 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.)
heading: Codification
text: Provisions similar to this section are contained in section 854a of this title.
33 U.S.C. § 3033 (NAVIGATION AND NAVIGABLE WATERS)
§ 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.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853i(b) of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3041 (NAVIGATION AND NAVIGABLE WATERS)
§ 3041. Involuntary retirement or separation
(a) Transfer of officers to retired list; separation from service
As recommended by a personnel board convened under section 3022 of this title—
(1) an officer in the permanent grade of captain or commander may be transferred to the retired list; and
(2) an officer in the permanent grade of lieutenant commander, lieutenant, or lieutenant (junior grade) who is not qualified for retirement may be separated from the service.
(b) Computations
In any fiscal year, the total number of officers selected for retirement or separation under subsection (a) of this section plus the number of officers retired for age may not exceed the whole number nearest 4 percent of the total number of officers authorized to be on the active list, except as otherwise provided by law.
(c) Effective date of retirements and separations
A retirement or separation under subsection (a) of this section shall take effect on the first day of the sixth month beginning after the date on which the Secretary approves the retirement or separation, except that if the officer concerned requests an earlier retirement or separation date, the date shall be as determined by the Secretary.
(Pub. L. 107–372, title II, § 241, Dec. 19, 2002, 116 Stat. 3088.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853g of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3042 (NAVIGATION AND NAVIGABLE WATERS)
§ 3042. Separation pay
(a) Authorization of payment
An officer who is separated under section 3041(a)(2) of this title and who has completed more than three years of continuous active service immediately before that separation is entitled to separation pay computed under subsection (b) of this section unless the Secretary determines that the conditions under which the officer is separated do not warrant payment of that pay.
(b) Amount of separation pay
(1) Six or more years
In the case of an officer who has completed six or more years of continuous active service immediately before that separation, the amount of separation pay to be paid to the officer under this section is 10 percent of the product of—
(A) the years of active service creditable to the officer; and
(B) 12 times the monthly basic pay to which the officer was entitled at the time of separation.
(2) Three to six years
In the case of an officer who has completed three or more but fewer than six years of continuous active service immediately before that separation, the amount of separation pay to be paid to the officer under this section is one-half of the amount computed under paragraph (1).
(c) Other conditions, requirements, and administrative provisions
The provisions of subsections (f), (g), and (h) of section 1174 of title 10 shall apply to separation pay under this section in the same manner as such provisions apply to separation pay under that section.
(Pub. L. 107–372, title II, § 242, Dec. 19, 2002, 116 Stat. 3088.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853h of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3043 (NAVIGATION AND NAVIGABLE WATERS)
§ 3043. Mandatory retirement for age
(a) Officers below grade of rear admiral (lower half)
Unless retired or separated earlier, each officer on the lineal list of the commissioned corps who is serving in a grade below the grade of rear admiral (lower half) shall be retired on the first day of the month following the month in which the officer becomes 62 years of age.
(b) Flag officers
Notwithstanding subsection (a) of this section, the President may defer the retirement of an officer serving in a position that carries a grade above captain for such period as the President considers advisable, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 64 years of age.
(Pub. L. 107–372, title II, § 243, Dec. 19, 2002, 116 Stat. 3089.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853k of this title prior to repeal by Pub. L. 107–372.
heading: Delegation of Functions
text: Functions of President under subsec. (b) of this section delegated to Secretary of Commerce by section 1(e) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, as amended, set out as a note under section 301 of Title 3, The President.
33 U.S.C. § 3044 (NAVIGATION AND NAVIGABLE WATERS)
§ 3044. Retirement for length of service
An officer who has completed 20 years of service, of which at least 10 years was service as a commissioned officer, may at any time thereafter, upon application by such officer and in the discretion of the President, be placed on the retired list.
(Pub. L. 107–372, title II, § 244, Dec. 19, 2002, 116 Stat. 3089.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853l of this title prior to repeal by Pub. L. 107–372.
heading: Delegation of Functions
text: Functions of President under this section delegated to Secretary of Commerce by section 1(f) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, as amended, set out as a note under section 301 of Title 3, The President.