TITLE 33 - US CODE - SUBCHAPTER II - APPOINTMENT AND PROMOTION OF OFFICERS

33 USC 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 officers 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 persons age, education, and experience, in accordance with regulations prescribed by the Secretary.

(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, 11/2 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).

33 USC 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.

33 USC 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 officers commission shall be revoked and the officer shall be separated from the commissioned service.

33 USC 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.

33 USC 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 officers new position on the lineal list.

33 USC 3026 - Appointments and promotions to permanent grades

Appointments in and promotions to all permanent grades shall be made by the President, by and with the advice and consent of the Senate.

33 USC 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.

33 USC 3028 - Positions of importance and responsibility

(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 officers 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

(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.

33 USC 3029 - Temporary appointments and promotions generally

(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.

33 USC 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.

33 USC 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.

33 USC 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.

33 USC 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 Presidents discretion, to suspend the operation of all or any part of the provisions of law pertaining to promotion of commissioned officers of the Administration.