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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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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) 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) 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.
(d) Deferment of retirement or separation for medical reasons
(1) In general
If the Secretary determines that the evaluation of the medical condition of an officer requires hospitalization or medical observation that cannot be completed with confidence in a manner consistent with the officer’s well-being before the date on which the officer would otherwise be required to retire or be separated under this section, the Secretary may defer the retirement or separation of the officer.
(2) Consent required
A deferment may only be made with the written consent of the officer involved. If the officer does not provide written consent to the deferment, the officer shall be retired or separated as scheduled.
(3) Limitation
A deferment of retirement or separation under this subsection may not extend for more than 30 days after completion of the evaluation requiring hospitalization or medical observation.
(Pub. L. 107–372, title II, § 241, Dec. 19, 2002, 116 Stat. 3088; Pub. L. 116–259, title IV, § 401, Dec. 23, 2020, 134 Stat. 1177.)
heading: Editorial Notes
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.
heading: Amendments
text: 2020—Subsec. (d). Pub. L. 116–259 added subsec. (d).
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) 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.
(d) Exception
An officer discharged for twice failing selection for promotion to the next higher grade is not entitled to separation pay under this section if the officer—
(1) expresses a desire not to be selected for promotion; or
(2) requests removal from the list of selectees.
(Pub. L. 107–372, title II, § 242, Dec. 19, 2002, 116 Stat. 3088; Pub. L. 116–259, title IV, § 402, Dec. 23, 2020, 134 Stat. 1178.)
heading: Editorial Notes
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.
heading: Amendments
text: 2020—Subsec. (d). Pub. L. 116–259 added subsec. (d).
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), 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: Editorial Notes
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: Executive Documents
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: Editorial Notes
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: Executive Documents
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.
33 U.S.C. § 3045 (NAVIGATION AND NAVIGABLE WATERS)
§ 3045. Computation of retired pay
(a) Officers first becoming members before September 8, 1980
Each officer on the retired list who first became a member of a uniformed service before September 8, 1980, shall receive retired pay at the rate determined by multiplying—
(1) the retired pay base determined under section 1406(g) of title 10; by
(2) the retired pay multiplier determined under section 1409 of such title for the number of years of service that may be credited to the officer under section 1405 of such title as if the officer’s service were service as a member of the Armed Forces.
The retired pay so computed may not exceed 75 percent of the retired pay base.
(b) Officers first becoming members on or after September 8, 1980
Each officer on the retired list who first became a member of a uniformed service on or after September 8, 1980, shall receive retired pay at the rate determined by multiplying—
(1) the retired pay base determined under section 1407 of title 10; by
(2) the retired pay multiplier determined under section 1409 of such title for the number of years of service that may be credited to the officer under section 1405 of such title as if the officer’s service were service as a member of the Armed Forces.
(c) Treatment of full and fractional parts of months in computing years of service
(1) In general
In computing the number of years of service of an officer for the purposes of subsection (a)—
(A) each full month of service that is in addition to the number of full years of service creditable to the officer shall be credited as 1⁄12 of a year; and
(B) any remaining fractional part of a month shall be disregarded.
(2) Rounding
Retired pay computed under this section, if not a multiple of $1, shall be rounded to the next lower multiple of $1.
(Pub. L. 107–372, title II, § 245, Dec. 19, 2002, 116 Stat. 3089; Pub. L. 114–92, div. A, title VI, § 631(c)(3), Nov. 25, 2015, 129 Stat. 844.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853o of this title prior to repeal by Pub. L. 107–372.
heading: Amendments
text: 2015—Subsec. (a)(2). Pub. L. 114–92 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “2½ percent of the number of years of service that may be credited to the officer under section 1405 of such title as if the officer’s service were service as a member of the Armed Forces.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2015 Amendment; Implementation
text: Amendment by Pub. L. 114–92 effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Pub. L. 114–92, set out as a note under section 8432 of Title 5, Government Organization and Employees.
33 U.S.C. § 3046 (NAVIGATION AND NAVIGABLE WATERS)
§ 3046. Retired grade and retired pay
Each officer retired pursuant to law shall be placed on the retired list with the highest grade satisfactorily held by that officer while on active duty including active duty pursuant to recall, under permanent or temporary appointment, and shall receive retired pay based on such highest grade, if—
(1) the officer’s performance of duty in such highest grade has been satisfactory, as determined by the Secretary of the department or departments under whose jurisdiction the officer served; and
(2) unless retired for disability, the officer’s length of service in such highest grade is no less than that required by the Secretary of officers retiring under permanent appointment in that grade.
(Pub. L. 107–372, title II, § 246, Dec. 19, 2002, 116 Stat. 3090.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 853p and 857–2 of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3047 (NAVIGATION AND NAVIGABLE WATERS)
§ 3047. Retired rank and pay held pursuant to other laws unaffected
Nothing in this subchapter shall prevent an officer from being placed on the retired list with the highest rank and with the highest retired pay to which the officer is entitled under any other provision of law.
(Pub. L. 107–372, title II, § 247, Dec. 19, 2002, 116 Stat. 3090.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853q of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3061 (NAVIGATION AND NAVIGABLE WATERS)
§ 3061. Cooperation with and transfer to military departments
(a) Transfers of resources and officers during national emergency
(1) Transfers authorized
The President may, whenever in the judgment of the President a sufficient national emergency exists, transfer to the service and jurisdiction of a military department such vessels, equipment, stations, and officers of the Administration as the President considers to be in the best interest of the country.
(2) Responsibility for funding of transferred resources and officers
After any such transfer all expenses connected therewith shall be defrayed out of the appropriations for the department to which the transfer is made.
(3) Return of transferred resources and officers
Such transferred vessels, equipment, stations, and officers shall be returned to the Administration when the national emergency ceases, in the opinion of the President.
(4) Rule of construction
Nothing in this section shall be construed as transferring the Administration or any of its functions from the Department of Commerce except in time of national emergency and to the extent provided in this section.
(b) Limitation on transfer of officers
This section does not authorize the transfer of an officer of the Administration to a military department if the accession or retention of that officer in that military department is otherwise not authorized by law.
(c) Status of transferred officers
An officer of the Administration transferred under this section, shall, while under the jurisdiction of a military department, have proper military status and shall be subject to the laws, regulations, and orders for the government of the Army, Navy, or Air Force, as the case may be, insofar as the same may be applicable to persons whose retention permanently in the military service of the United States is not contemplated by law.
(Pub. L. 107–372, title II, § 251, Dec. 19, 2002, 116 Stat. 3090.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 855 of this title prior to repeal by Pub. L. 107–372.
heading: Executive Documents
heading: Delegation of Functions
text: Functions of President under this section delegated to Secretary of Commerce by section 1(k) 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. § 3062 (NAVIGATION AND NAVIGABLE WATERS)
§ 3062. Relative rank of officers when serving with Army, Navy, or Air Force
When serving with the Army, Navy, or Air Force, an officer of the Administration shall rank with and after officers of corresponding grade in the Army, Navy, or Air Force of the same length of service in grade. Nothing in this subchapter shall be construed to affect or alter an officer’s rates of pay and allowances when not assigned to military duty.
(Pub. L. 107–372, title II, § 252, Dec. 19, 2002, 116 Stat. 3091.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 856 of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3063 (NAVIGATION AND NAVIGABLE WATERS)
§ 3063. Rules and regulations when cooperating with military departments
(a) Joint regulations
The Secretary of Defense and the Secretary of Commerce shall jointly prescribe regulations—
(1) governing the duties to be performed by the Administration in time of war; and
(2) providing for the cooperation of the Administration with the military departments in time of peace in preparation for its duties in time of war.
(b) Approval
Regulations under subsection (a) shall not be effective unless approved by each of those Secretaries.
(c) Communications
Regulations under subsection (a) may provide procedures for making reports and communications between a military department and the Administration.
(Pub. L. 107–372, title II, § 253, Dec. 19, 2002, 116 Stat. 3091.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 858 of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3072 (NAVIGATION AND NAVIGABLE WATERS)
§ 3072. Eligibility for veterans benefits and other rights, privileges, immunities, and benefits under certain provisions of law
(a) In general
Active service of officers of the Administration shall be deemed to be active military service for the purposes of all rights, privileges, immunities, and benefits under the following:
(1) Laws administered by the Secretary of Veterans Affairs.
(2) The Servicemembers Civil Relief Act [50 U.S.C. 3901 et seq.].
(3) Section 410 of title 42, as in effect before September 1, 1950.
(b) Exercise of authority
In the administration of the laws and regulations referred to in subsection (a), with respect to the Administration, the authority vested in the Secretary of Defense and the Secretaries of the military departments and their respective departments shall be exercised by the Secretary of Commerce.
(Pub. L. 107–372, title II, § 262, Dec. 19, 2002, 116 Stat. 3092; Pub. L. 108–189, § 2(g), Dec. 19, 2003, 117 Stat. 2866.)
heading: Editorial Notes
heading: References in Text
text: The Servicemembers Civil Relief Act, referred to in subsec. (a)(2), is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, which is classified principally to chapter 50 (§ 3901 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 857 and 857–3(a) of this title prior to repeal by Pub. L. 107–372.
heading: Amendments
text: 2003—Subsec. (a)(2). Pub. L. 108–189 amended par. (2) generally substituting “The Servicemembers Civil Relief Act” for “The Soldiers’ and Sailors’ Civil Relief Act of 1940 (50 App. U.S.C. 501 et seq.)”.
33 U.S.C. § 3073 (NAVIGATION AND NAVIGABLE WATERS)
§ 3073. Medical and dental care
The Secretary may provide medical and dental care, including care in private facilities, for personnel of the Administration entitled to that care by law or regulation.
(Pub. L. 107–372, title II, § 263, Dec. 19, 2002, 116 Stat. 3093.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 857–3(b) of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3074 (NAVIGATION AND NAVIGABLE WATERS)
§ 3074. Commissary privileges
(a) Extension of privilege
Commissioned officers, ships’ officers, and members of crews of vessels of the Administration shall be permitted to purchase commissary and quartermaster supplies as far as available from the Armed Forces at the prices charged officers and enlisted members of the Armed Forces.
(b) Sales of rations, stores, uniforms, and related equipment
The Secretary may purchase ration supplies for messes, stores, uniforms, accouterments, and related equipment for sale aboard ship and shore stations of the Administration to members of the uniformed services and to personnel assigned to such ships or shore stations. Sales shall be in accordance with regulations prescribed by the Secretary, and proceeds therefrom shall, as far as is practicable, fully reimburse the appropriations charged without regard to fiscal year.
(c) Surviving spouses’ rights
Rights extended to members of the uniformed services in this section are extended to their surviving spouses and to such others as are designated by the Secretary concerned.
(Pub. L. 107–372, title II, § 264, Dec. 19, 2002, 116 Stat. 3093.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 857–4 of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3075 (NAVIGATION AND NAVIGABLE WATERS)
§ 3075. Authority to use appropriated funds for transportation and reimbursement of certain items
(a) Transportation of effects of deceased officers
In the case of an officer who dies on active duty, the Secretary may provide, from appropriations made available to the Administration, transportation (including packing, unpacking, crating, and uncrating) of personal and household effects of that officer to the official residence of record of that officer. However, upon application by the dependents of such an officer, such transportation may be provided to such other location as may be determined by the Secretary.
(b) Reimbursement for supplies furnished by officers to distressed and shipwrecked persons
Under regulations prescribed by the Secretary, appropriations made available to the Administration may be used to reimburse an officer for food, clothing, medicines, and other supplies furnished by the officer—
(1) for the temporary relief of distressed persons in remote localities; or
(2) to shipwrecked persons who are temporarily provided for by the officer.
(Pub. L. 107–372, title II, § 265, Dec. 19, 2002, 116 Stat. 3093.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 874 of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3076 (NAVIGATION AND NAVIGABLE WATERS)
§ 3076. Presentation of United States flag upon retirement
(a) Presentation of flag upon retirement
Upon the release of a commissioned officer from active commissioned service for retirement, the Secretary shall present a United States flag to the officer.
(b) Multiple presentations not authorized
An officer is not eligible for presentation of a flag under subsection (a) if the officer has previously been presented a flag under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement.
(c) No cost to recipient
The presentation of a flag under this section shall be at no cost to the recipient.
(Pub. L. 107–372, title II, § 266, Dec. 19, 2002, 116 Stat. 3093.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853v of this title prior to repeal by Pub. L. 107–372.