US (United States) Code. Title 32. Chapter 43: National Oceanic and Atmospheric Administration

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Navigation and navigable waters. Comminsioned Officer Corps

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-CITE-

33 USC CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC

ADMINISTRATION COMMISSIONED OFFICER CORPS 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

-HEAD-

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

3001. Commissioned officer corps.

3002. Definitions.

(a) Applicability of definitions in title 10.

(b) Additional definitions.

3003. Authorized number on the active list.

(a) Annual strength on active list.

(b) Lineal list.

3004. Strength and distribution in grade.

(a) Relative rank; proportion.

(b) Computation of number in grade.

(c) Preservation of grade and pay, etc.

(d) Filling of vacancies; additional numbers.

(e) Temporary increase in numbers.

3005. Authorized number for fiscal years 2003 through 2005.

SUBCHAPTER II - APPOINTMENT AND PROMOTION OF OFFICERS

3021. Original appointments.

(a) In general.

(b) Lineal list.

(c) Service credit upon original appointment in

grade above ensign.

3022. Personnel boards.

(a) Convening.

(b) Duties.

(c) Action on recommendations not acceptable.

3023. Promotion of ensigns to grade of lieutenant (junior

grade).

(a) In general.

(b) 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.

(a) General rule.

(b) Exception.

3026. Appointments and promotions to permanent grades.

3027. General qualification of officers for promotion to

higher permanent grade.

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.

(e) Number of officers appointed.

(f) Pay and allowances.

(g) Effect of appointment.

3029. Temporary appointments and promotions generally.

(a) Ensign.

(b) Lieutenant (junior grade).

(c) Any one grade.

3030. Temporary appointment or advancement of commissioned

officers in time of war or national emergency.

(a) In general.

(b) Limitations.

3031. Pay and allowances; date of acceptance of promotion.

(a) Acceptance and date of promotion.

(b) Oath of office.

3032. Service credit as deck officer or junior engineer for

promotion purposes.

3033. Suspension during war or emergency.

SUBCHAPTER III - SEPARATION AND RETIREMENT OF OFFICERS

3041. Involuntary retirement or separation.

(a) Transfer of officers to retired list;

separation from service.

(b) Computations.

(c) Effective date of retirements and separations.

3042. Separation pay.

(a) Authorization of payment.

(b) Amount of separation pay.

(c) Other conditions, requirements, and

administrative provisions.

3043. Mandatory retirement for age.

(a) Officers below grade of rear admiral (lower

half).

(b) Flag officers.

3044. Retirement for length of service.

3045. Computation of retired pay.

(a) Officers first becoming members before

September 8, 1980.

(b) Officers first becoming members on or after

September 8, 1980.

(c) Treatment of full and fractional parts of

months in computing years of service.

3046. Retired grade and retired pay.

3047. Retired rank and pay held pursuant to other laws

unaffected.

3048. Continuation on active duty; deferral of retirement.

3049. Recall to active duty.

SUBCHAPTER IV - SERVICE OF OFFICERS WITH THE MILITARY DEPARTMENTS

3061. Cooperation with and transfer to military departments.

(a) Transfers of resources and officers during

national emergency.

(b) Limitation on transfer of officers.

(c) Status of transferred officers.

3062. Relative rank of officers when serving with Army,

Navy, or Air Force.

3063. Rules and regulations when cooperating with military

departments.

(a) Joint regulations.

(b) Approval.

(c) Communications.

SUBCHAPTER V - RIGHTS AND BENEFITS

3071. Applicability of certain provisions of title 10.

(a) Provisions made applicable to the corps.

(b) References.

3072. Eligibility for veterans benefits and other rights,

privileges, immunities, and benefits under certain

provisions of law.

(a) In general.

(b) Exercise of authority.

3073. Medical and dental care.

3074. Commissary privileges.

(a) Extension of privilege.

(b) Sales of rations, stores, uniforms, and related

equipment.

(c) Surviving spouses' rights.

3075. Authority to use appropriated funds for transportation

and reimbursement of certain items.

(a) Transportation of effects of deceased officers.

(b) Reimbursement for supplies furnished by

officers to distressed and shipwrecked

persons.

3076. Presentation of United States flag upon retirement.

(a) Presentation of flag upon retirement.

(b) Multiple presentations not authorized.

(c) No cost to recipient.

-End-

-CITE-

33 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-End-

-CITE-

33 USC Sec. 3001 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3001. Commissioned officer corps

-STATUTE-

There shall be in the National Oceanic and Atmospheric

Administration a commissioned officer corps.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 211, Dec. 19, 2002, 116 Stat.

3082.)

-MISC1-

SHORT TITLE

Pub. L. 107-372, title II, Sec. 201, Dec. 19, 2002, 116 Stat.

3082, provided that: "This title [enacting this chapter, amending

section 1406 of Title 10, Armed Services, and section 2396 of Title

22, Foreign Relations and Intercourse, repealing sections 853a to

853l, 853o, 853p to 853r, 853t to 854, 855, 856 to 857-5, 858, 864,

and 874 of this title, amending provisions set out as a note under

section 1293 of Title 10, and repealing provisions set out as notes

under sections 853a and 857-1 of this title and section 101 of

Title 38, Veterans' Benefits] may be cited as the 'National Oceanic

and Atmospheric Administration Commissioned Officer Corps Act of

2002'."

-End-

-CITE-

33 USC Sec. 3002 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3002. Definitions

-STATUTE-

(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.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 212, Dec. 19, 2002, 116 Stat.

3082.)

-REFTEXT-

REFERENCES IN 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.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 857-1 of this title prior to repeal by Pub. L. 107-372.

-End-

-CITE-

33 USC Sec. 3003 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3003. Authorized number on the active list

-STATUTE-

(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.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 213, Dec. 19, 2002, 116 Stat.

3083.)

-End-

-CITE-

33 USC Sec. 3004 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3004. Strength and distribution in grade

-STATUTE-

(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.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 214, Dec. 19, 2002, 116 Stat.

3083.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 853a of this title prior to repeal by Pub. L. 107-372.

-End-

-CITE-

33 USC Sec. 3005 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3005. Authorized number for fiscal years 2003 through 2005

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 215, Dec. 19, 2002, 116 Stat.

3084.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 853a of this title prior to repeal by Pub. L. 107-372.

-End-

-CITE-

33 USC SUBCHAPTER II - APPOINTMENT AND PROMOTION OF

OFFICERS 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER II - APPOINTMENT AND PROMOTION OF OFFICERS

-HEAD-

SUBCHAPTER II - APPOINTMENT AND PROMOTION OF OFFICERS

-End-

-CITE-

33 USC Sec. 3021 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER II - APPOINTMENT AND PROMOTION OF OFFICERS

-HEAD-

Sec. 3021. Original appointments

-STATUTE-

(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, 1 1/2 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).

-SOURCE-

(Pub. L. 107-372, title II, Sec. 221, Dec. 19, 2002, 116 Stat.

3084.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 853t of this title prior to repeal by Pub. L. 107-372.

-End-

-CITE-

33 USC Sec. 3022 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER II - APPOINTMENT AND PROMOTION OF OFFICERS

-HEAD-

Sec. 3022. Personnel boards

-STATUTE-

(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.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 222, Dec. 19, 2002, 116 Stat.

3085.)

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3041 of this title.

-End-

-CITE-

33 USC Sec. 3023 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER II - APPOINTMENT AND PROMOTION OF OFFICERS

-HEAD-

Sec. 3023. Promotion of ensigns to grade of lieutenant (junior

grade)

-STATUTE-

(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.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 223, Dec. 19, 2002, 116 Stat.

3085.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 853e of this title prior to repeal by Pub. L. 107-372.

-End-

-CITE-

33 USC Sec. 3024 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER II - APPOINTMENT AND PROMOTION OF OFFICERS

-HEAD-

Sec. 3024. Promotion by selection to permanent grades above

lieutenant (junior grade)

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 224, Dec. 19, 2002, 116 Stat.

3085.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 853b of this title prior to repeal by Pub. L. 107-372.

-End-

-CITE-

33 USC Sec. 3025 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER II - APPOINTMENT AND PROMOTION OF OFFICERS

-HEAD-

Sec. 3025. Length of service for promotion purposes

-STATUTE-

(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.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 225, Dec. 19, 2002, 116 Stat.

3085.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 853f of this title prior to repeal by Pub. L. 107-372.

-End-

-CITE-

33 USC Sec. 3026 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER II - APPOINTMENT AND PROMOTION OF OFFICERS

-HEAD-

Sec. 3026. Appointments and promotions to permanent grades

-STATUTE-

Appointments in and promotions to all permanent grades shall be

made by the President, by and with the advice and consent of the

Senate.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 226, Dec. 19, 2002, 116 Stat.

3085.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 853i(a) of this title prior to repeal by Pub. L. 107-372.

-End-

-CITE-

33 USC Sec. 3027 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER II - APPOINTMENT AND PROMOTION OF OFFICERS

-HEAD-

Sec. 3027. General qualification of officers for promotion to

higher permanent grade

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 227, Dec. 19, 2002, 116 Stat.

3085.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 854 of this title prior to repeal by Pub. L. 107-372.

-End-

-CITE-

33 USC Sec. 3028 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER II - APPOINTMENT AND PROMOTION OF OFFICERS

-HEAD-

Sec. 3028. Positions of importance and responsibility

-STATUTE-

(a) Designation of positions

The Secretary may designate positions in the Administration as

being positions of importance and responsibility for which it is

appropriate that officers of the Administration, if serving in

those positions, serve in the grade of vice admiral, rear admiral,

or rear admiral (lower half), as designated by the Secretary for

each position.

(b) Assignment of officers to designated positions

The Secretary may assign officers to positions designated under

subsection (a) of this section.

(c) Director of NOAA Corps and Office of Marine and Aviation

Operations

The Secretary shall designate one position under this section as

responsible for oversight of the vessel and aircraft fleets and for

the administration of the commissioned officer corps. That position

shall be filled by an officer on the lineal list serving in or

above the grade of rear admiral (lower half). For the specific

purpose of administering the commissioned officer corps, that

position shall carry the title of Director of the National Oceanic

and Atmospheric Administration Commissioned Officer Corps. For the

specific purpose of administering the vessel and aircraft fleets,

that position shall carry the title of Director of the Office of

Marine and Aviation Operations.

(d) Grade

(1) Temporary appointment to grade designated for position

An officer assigned to a position under this section while so

serving has the grade designated for that position, if appointed

to that grade by the President, by and with the advice and

consent of the Senate.

(2) Reversion to permanent grade

An officer who has served in a grade above captain, upon

termination of the officer's assignment to the position for which

that appointment was made, shall, unless appointed or assigned to

another position for which a higher grade is designated, revert

to the grade and number the officer would have occupied but for

serving in a grade above that of captain. In such a case, the

officer shall be an extra number in that grade.

(e) Number of officers appointed

(1) Overall limit

The total number of officers serving on active duty at any one

time in the grade of rear admiral (lower half) or above may not

exceed four.

(2) Limit by grade

The number of officers serving on active duty under

appointments under this section may not exceed -

(A) one in the grade of vice admiral;

(B) two in the grade of rear admiral; and

(C) two in the grade of rear admiral (lower half).

(f) Pay and allowances

An officer appointed to a grade under this section, while serving

in that grade, shall have the pay and allowances of the grade to

which appointed.

(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.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 228, Dec. 19, 2002, 116 Stat.

3086.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 853u of this title prior to repeal by Pub. L. 107-372.

APPOINTMENT OF COMMISSIONED OFFICERS

Pub. L. 98-498, title III, Sec. 320(c)(2), Oct. 19, 1984, 98

Stat. 2309, provided that: "After the date of the enactment of this

Act [Oct. 19, 1984], no appointment of a commissioned officer may

be made under section 2(d) or 2(f) of Reorganization Plan Numbered

4 of 1970 (84 Stat. 2090, 5 U.S.C. App.)."

-End-

-CITE-

33 USC Sec. 3029 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER II - APPOINTMENT AND PROMOTION OF OFFICERS

-HEAD-

Sec. 3029. Temporary appointments and promotions generally

-STATUTE-

(a) Ensign

Temporary appointments in the grade of ensign may be made by the

President alone. Each such temporary appointment terminates at the

close of the next regular session of the Congress unless the Senate

sooner gives its advice and consent to the appointment.

(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 alone 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 alone. Any such temporary

promotion terminates upon the transfer of the officer to a new

assignment.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 229, Dec. 19, 2002, 116 Stat.

3087.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 853j-1 of this title prior to repeal by Pub. L. 107-372.

-End-

-CITE-

33 USC Sec. 3030 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER II - APPOINTMENT AND PROMOTION OF OFFICERS

-HEAD-

Sec. 3030. Temporary appointment or advancement of commissioned

officers in time of war or national emergency

-STATUTE-

(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.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 230, Dec. 19, 2002, 116 Stat.

3087.)

-COD-

CODIFICATION

Provisions similar to this section are contained in section

854a-1 of this title.

-End-

-CITE-

33 USC Sec. 3031 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER II - APPOINTMENT AND PROMOTION OF OFFICERS

-HEAD-

Sec. 3031. Pay and allowances; date of acceptance of promotion

-STATUTE-

(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.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 231, Dec. 19, 2002, 116 Stat.

3087.)

-COD-

CODIFICATION

Provisions similar to this section are contained in section

854a-2 of this title.

-End-

-CITE-

33 USC Sec. 3032 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER II - APPOINTMENT AND PROMOTION OF OFFICERS

-HEAD-

Sec. 3032. Service credit as deck officer or junior engineer for

promotion purposes

-STATUTE-

For purposes of promotion, there shall be counted in addition to

active commissioned service, service as deck officer or junior

engineer.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 232, Dec. 19, 2002, 116 Stat.

3088.)

-COD-

CODIFICATION

Provisions similar to this section are contained in section 854a

of this title.

-End-

-CITE-

33 USC Sec. 3033 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER II - APPOINTMENT AND PROMOTION OF OFFICERS

-HEAD-

Sec. 3033. Suspension during war or emergency

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 233, Dec. 19, 2002, 116 Stat.

3088.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 853i(b) of this title prior to repeal by Pub. L. 107-372.

-End-

-CITE-

33 USC SUBCHAPTER III - SEPARATION AND RETIREMENT OF

OFFICERS 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER III - SEPARATION AND RETIREMENT OF OFFICERS

-HEAD-

SUBCHAPTER III - SEPARATION AND RETIREMENT OF OFFICERS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3022 of this title.

-End-

-CITE-

33 USC Sec. 3041 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER III - SEPARATION AND RETIREMENT OF OFFICERS

-HEAD-

Sec. 3041. Involuntary retirement or separation

-STATUTE-

(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.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 241, Dec. 19, 2002, 116 Stat.

3088.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 853g of this title prior to repeal by Pub. L. 107-372.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3042 of this title.

-End-

-CITE-

33 USC Sec. 3042 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER III - SEPARATION AND RETIREMENT OF OFFICERS

-HEAD-

Sec. 3042. Separation pay

-STATUTE-

(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.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 242, Dec. 19, 2002, 116 Stat.

3088.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 853h of this title prior to repeal by Pub. L. 107-372.

-End-

-CITE-

33 USC Sec. 3043 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER III - SEPARATION AND RETIREMENT OF OFFICERS

-HEAD-

Sec. 3043. Mandatory retirement for age

-STATUTE-

(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.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 243, Dec. 19, 2002, 116 Stat.

3089.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 853k of this title prior to repeal by Pub. L. 107-372.

-End-

-CITE-

33 USC Sec. 3044 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER III - SEPARATION AND RETIREMENT OF OFFICERS

-HEAD-

Sec. 3044. Retirement for length of service

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 244, Dec. 19, 2002, 116 Stat.

3089.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 853l of this title prior to repeal by Pub. L. 107-372.

-End-

-CITE-

33 USC Sec. 3045 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER III - SEPARATION AND RETIREMENT OF OFFICERS

-HEAD-

Sec. 3045. Computation of retired pay

-STATUTE-

(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) 2 1/2 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.

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) of this section -

(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.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 245, Dec. 19, 2002, 116 Stat.

3089.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 853o of this title prior to repeal by Pub. L. 107-372.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 1406.

-End-

-CITE-

33 USC Sec. 3046 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER III - SEPARATION AND RETIREMENT OF OFFICERS

-HEAD-

Sec. 3046. Retired grade and retired pay

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 246, Dec. 19, 2002, 116 Stat.

3090.)

-MISC1-

PRIOR PROVISIONS

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.

-End-

-CITE-

33 USC Sec. 3047 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER III - SEPARATION AND RETIREMENT OF OFFICERS

-HEAD-

Sec. 3047. Retired rank and pay held pursuant to other laws

unaffected

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 247, Dec. 19, 2002, 116 Stat.

3090.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 853q of this title prior to repeal by Pub. L. 107-372.

-End-

-CITE-

33 USC Sec. 3048 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER III - SEPARATION AND RETIREMENT OF OFFICERS

-HEAD-

Sec. 3048. Continuation on active duty; deferral of retirement

-STATUTE-

The provisions of subchapter IV of chapter 36 of title 10

relating to continuation on active duty and deferral of retirement

shall apply to commissioned officers of the Administration.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 248, Dec. 19, 2002, 116 Stat.

3090.)

-End-

-CITE-

33 USC Sec. 3049 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER III - SEPARATION AND RETIREMENT OF OFFICERS

-HEAD-

Sec. 3049. Recall to active duty

-STATUTE-

The provisions of chapter 39 of title 10 relating to recall of

retired officers to active duty, including the limitations on such

recalls, shall apply to commissioned officers of the

Administration.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 249, Dec. 19, 2002, 116 Stat.

3090.)

-End-

-CITE-

33 USC SUBCHAPTER IV - SERVICE OF OFFICERS WITH THE

MILITARY DEPARTMENTS 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER IV - SERVICE OF OFFICERS WITH THE MILITARY DEPARTMENTS

-HEAD-

SUBCHAPTER IV - SERVICE OF OFFICERS WITH THE MILITARY DEPARTMENTS

-End-

-CITE-

33 USC Sec. 3061 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER IV - SERVICE OF OFFICERS WITH THE MILITARY DEPARTMENTS

-HEAD-

Sec. 3061. Cooperation with and transfer to military departments

-STATUTE-

(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.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 251, Dec. 19, 2002, 116 Stat.

3090.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 855 of this title prior to repeal by Pub. L. 107-372.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3030 of this title.

-End-

-CITE-

33 USC Sec. 3062 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER IV - SERVICE OF OFFICERS WITH THE MILITARY DEPARTMENTS

-HEAD-

Sec. 3062. Relative rank of officers when serving with Army, Navy,

or Air Force

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 252, Dec. 19, 2002, 116 Stat.

3091.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 856 of this title prior to repeal by Pub. L. 107-372.

-End-

-CITE-

33 USC Sec. 3063 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER IV - SERVICE OF OFFICERS WITH THE MILITARY DEPARTMENTS

-HEAD-

Sec. 3063. Rules and regulations when cooperating with military

departments

-STATUTE-

(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) of this section shall not be

effective unless approved by each of those Secretaries.

(c) Communications

Regulations under subsection (a) of this section may provide

procedures for making reports and communications between a military

department and the Administration.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 253, Dec. 19, 2002, 116 Stat.

3091.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 858 of this title prior to repeal by Pub. L. 107-372.

-End-

-CITE-

33 USC SUBCHAPTER V - RIGHTS AND BENEFITS 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER V - RIGHTS AND BENEFITS

-HEAD-

SUBCHAPTER V - RIGHTS AND BENEFITS

-End-

-CITE-

33 USC Sec. 3071 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER V - RIGHTS AND BENEFITS

-HEAD-

Sec. 3071. Applicability of certain provisions of title 10

-STATUTE-

(a) Provisions made applicable to the corps

The rules of law that apply to the Armed Forces under the

following provisions of title 10, as those provisions are in effect

from time to time, apply also to the commissioned officer corps of

the Administration:

(1) Chapter 40, relating to leave.

(2) Section 533(b), relating to constructive service.

(3) Section 716, relating to transfers between the armed forces

and to and from National Oceanic and Atmospheric Administration.

(4) Section 1035, relating to deposits of savings.

(5) Section 1036, relating to transportation and travel

allowances for escorts for dependents of members.

(6) Section 1052, relating to reimbursement for adoption

expenses.

(7) Section 1174a, relating to special separation benefits

(except that benefits under subsection (b)(2)(B) of such section

are subject to the availability of appropriations for such

purpose and are provided at the discretion of the Secretary of

Commerce).

(8) Chapter 61, relating to retirement or separation for

physical disability.

(9) Chapter 69, relating to retired grade, except sections

1370, 1375, and 1376.

(10) Chapter 71, relating to computation of retired pay.

(11) Chapter 73, relating to annuities based on retired or

retainer pay.

(12) Subchapter II of chapter 75, relating to death benefits.

(13) Section 2634, relating to transportation of motor vehicles

for members on permanent change of station.

(14) Sections 2731 and 2735, relating to property loss incident

to service.

(15) Section 2771, relating to final settlement of accounts of

deceased members.

(16) Such other provisions of subtitle A of that title as may

be adopted for applicability to the commissioned officer corps of

the National Oceanic and Atmospheric Administration by any other

provision of law.

(b) References

The authority vested by title 10 in the "military departments",

"the Secretary concerned", or "the Secretary of Defense" with

respect to the provisions of law referred to in subsection (a) of

this section shall be exercised, with respect to the commissioned

officer corps of the Administration, by the Secretary of Commerce

or the Secretary's designee.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 261, Dec. 19, 2002, 116 Stat.

3091.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 857a of this title prior to repeal by Pub. L. 107-372.

-End-

-CITE-

33 USC Sec. 3072 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER V - RIGHTS AND BENEFITS

-HEAD-

Sec. 3072. Eligibility for veterans benefits and other rights,

privileges, immunities, and benefits under certain provisions of

law

-STATUTE-

(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 Soldiers' and Sailors' Civil Relief Act of 1940 (50

App. U.S.C. 501 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) of this section, 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.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 262, Dec. 19, 2002, 116 Stat.

3092.)

-REFTEXT-

REFERENCES IN TEXT

The Soldiers' and Sailors' Civil Relief Act of 1940, referred to

in subsec. (a)(2), is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, as

amended, which is classified to section 501 et seq. of Title 50,

Appendix, War and National Defense. For complete classification of

this Act to the Code, see section 501 of Title 50, Appendix, and

Tables.

-MISC1-

PRIOR PROVISIONS

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.

-End-

-CITE-

33 USC Sec. 3073 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER V - RIGHTS AND BENEFITS

-HEAD-

Sec. 3073. Medical and dental care

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 263, Dec. 19, 2002, 116 Stat.

3093.)

-MISC1-

PRIOR PROVISIONS

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.

-End-

-CITE-

33 USC Sec. 3074 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER V - RIGHTS AND BENEFITS

-HEAD-

Sec. 3074. Commissary privileges

-STATUTE-

(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.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 264, Dec. 19, 2002, 116 Stat.

3093.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 857-4 of this title prior to repeal by Pub. L. 107-372.

-End-

-CITE-

33 USC Sec. 3075 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER V - RIGHTS AND BENEFITS

-HEAD-

Sec. 3075. Authority to use appropriated funds for transportation

and reimbursement of certain items

-STATUTE-

(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.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 265, Dec. 19, 2002, 116 Stat.

3093.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 874 of this title prior to repeal by Pub. L. 107-372.

-End-

-CITE-

33 USC Sec. 3076 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS

SUBCHAPTER V - RIGHTS AND BENEFITS

-HEAD-

Sec. 3076. Presentation of United States flag upon retirement

-STATUTE-

(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) of this section 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.

-SOURCE-

(Pub. L. 107-372, title II, Sec. 266, Dec. 19, 2002, 116 Stat.

3093.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 853v of this title prior to repeal by Pub. L. 107-372.

-End-