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33 U.S.C. § 3001 — Commissioned officer corps
Federal law — U.S. Code and appendices · legal_authorities
There shall be in the National Oceanic and Atmospheric Administration a commissioned officer corps.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3001
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Stable record: federal_law:legal_authorities:record_usc_5369569f495e8aaabb0ba19f
Source file: Laws/federal/codes/united-states-code/title-33/section-3001-commissioned-officer-corps--90fc16e614.md
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Passage SHA-256: 38545bc603eb8725481c9e73581d5a8cbdb5fd5fc01a8dd5755cf05848881836
Source location: Title 33, Chapter 43, § 3001; chapter-043-national-oceanic-and-atmospheric-administration-commissioned-officer-corps.md
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There shall be in the National Oceanic and Atmospheric Administration a commissioned officer corps.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Use of Retired Pay Base in Computing Retired Pay.—**
(1) **General rule.—** — The retired pay or retainer pay of any person entitled to that pay who first became a member of a uniformed service before September 8, 1980, is computed using the retired pay base or retainer pay base determined under this section.
(2) **Exception for recomputation.—** — Recomputation of retired or retainer pay to reflect later active duty is provided for under [section 1402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1402&num=0&edition=prelim) without reference to a retired pay base or retainer pay base.
**(b) Retirement Under Subtitle A or E.—**
(1) **Disability, warrant officer, and dopma retirement.—** — In the case of a person whose retired pay is computed under this subtitle, the retired pay base is determined in accordance with the following table. For a member entitled toretired pay under section:The retired pay base is: 1 Compute at rates applicable on date of retirement or date when member’s name was placed on temporary disability retired list, as the case may be. 2 Compute at rates applicable on date of retirement. 3 For the purposes of this subsection, determine member’s retired grade as if sections 7342 and 9342 did not apply. 1201120212041205Monthly basic pay 1 of grade to which member is entitled under section 1372 or to which he was entitled on day before retirement or placement on temporary disability retired list, whichever is higher. 580126312931305Monthly basic pay to which member would have been entitled if he had served on active duty in his retired grade on day before retirement, or if the pay of that grade is less than the pay of any warrant grade satisfactorily held by him on active duty, the monthly basic pay o
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1406
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this title—
(1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.
(2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.
(3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried.
(4)
(A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and—
(i) who is under the age of eighteen years;
(ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or
(iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution;
and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General expenditures** Appropriations for the purposes of or pursuant to this chapter (except for subchapter II of this chapter), allocations to any agency of the United States Government, from other appropriations, for functions directly related to the purposes of this chapter, and funds made available for other purposes to the agency primarily responsible for administrating subchapter I of this chapter, shall be available for:
(1) rent of buildings and space in buildings in the United States, and for repair, alteration, and improvement of such leased properties;
(2) expenses of attendance at meetings concerned with the purposes of such appropriations or of this chapter, including (notwithstanding the provisions of section 1346(a) and (c) of title 31) expenses in connection with meetings of persons whose employment is authorized by [section 2386 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2386&num=0&edition=prelim);
(3) contracting with individuals for personal services abroad: Provided, That such individuals shall not be regarded as employees of the United States Government for the purpose of any law administered by the Civil Service Commission;
(4) purchase, maintenance, operation, and hire of aircraft: Provided, That aircraft for administrative purposes may be purchased only as specifically provided for in an appropriation or other Act;
(5) purchase and hire of passenger motor vehicles: Provided, That, except as may otherwise be provided in an appropriation or other Act, passenger motor vehicles for administrative purposes outside the United States may be purchased for replacement only, and such vehicles may be exchanged or sold and replaced by an equal number of such vehicles, and the cost, including exchang
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2396
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary concerned may, upon the warrant officer’s request, retire a warrant officer of any armed force under his jurisdiction who has at least 20 years of active service that could be credited to him under section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1293
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section:
(1) **Covered retired pay.—** — The term “covered retired pay” means retired pay under—
(A) this title;
(B) title 14;
(C) the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ([33 U.S.C. 3001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3001&num=0&edition=prelim) et seq.); or
(D) the Public Health Service Act ([42 U.S.C. 201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section201&num=0&edition=prelim) et seq.).
(2) **Eligible person.—** — The term “eligible person” means a person who—
(A)
(i) first becomes a member of a uniformed service on or after January 1, 2018; or
(ii) makes the election described in section 1409(b)(4)(B) or 12739(f)(2) of this title; and
(B) does not retire or separate under chapter 61 of this title.
(3) **Retirement age.—** — The term “retirement age” has the meaning given the term in section 216(l) of the Social Security Act ([42 U.S.C. 416](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section416&num=0&edition=prelim)(l)).
**(b) Election of Lump Sum Payment of Certain Retired Pay.—**
(1) **In general.—** — An eligible person entitled to covered retired pay (including an eligible person who is entitled to such pay by reason of an election described in subsection (a)(2)(A)(ii)) may elect to receive—
(A) a lump sum payment of the discounted present value at the time of the election of an amount of the covered retired pay that the eligible person is otherwise entitled to receive for the period beginning on the date of retirement and ending on the date the eligible person attains the eligible person’s retirement age equal to—
(i) 50 percent of the amount
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1415
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability of definitions in title 10** Except as provided in subsection (b), the definitions provided in [section 101 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101&num=0&edition=prelim) 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) **Officer candidate** — The term “officer candidate” means an individual who is enrolled in the basic officer training program of the Administration and is under consideration for appointment as an officer under [section 3021(a)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3021/a/2/A&num=0&edition=prelim).
(5) **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).
(6) **Secretary** — The term “Secretary” means the Secretary of Commerce.
(7) **Administration** — The term “Administration” means the National Oceanic and Atmospheric Administration.
(8) **Under Secretary** — The term “Under Secretary” means the Under Secretary of Commerce for Oceans and Atmosphere.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3002
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Convening** Not less frequently than once each year and at such other times as the Secretary determines necessary, the Secretary shall convene a personnel board.
**(b) Membership**
(1) **In general** — A board convened under subsection (a) shall consist of five or more officers who are serving in or above the permanent grade of the officers under consideration by the board.
(2) **Retired officers** — Officers on the retired list may be recalled to serve on such personnel boards as the Secretary considers necessary.
(3) **No membership on two successive boards** — No officer may be a member of two successive personnel boards convened to consider officers of the same grade for promotion or separation.
**(c) Duties** Each personnel board shall—
(1) recommend to the Secretary such changes as may be necessary to correct any erroneous position on the lineal list that was caused by administrative error; and
(2) make selections and recommendations to the Secretary and the President for the appointment, promotion, involuntary separation, continuation, and involuntary retirement of officers in the commissioned officer corps of the Administration as prescribed in this chapter.
**(d) Action on recommendations not acceptable** If any recommendation by a board convened under subsection (a) is not accepted by the Secretary or the President, the board shall make such further recommendations as the Secretary or the President considers appropriate.
**(e) Authority for officers to opt out of promotion consideration**
(1) **In general** — The Director of the National Oceanic and Atmospheric Administration Commissioned Officer Corps may provide that an officer, upon the officer’s request and with the approval of the Director, be excluded from consideration for promotion by a
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3022
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Federal law — U.S. Code and appendices · legal_authorities
Page 927
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 3002
Sec.
3022.
Personnel boards.
3023.
Separation of ensigns found not fully quali-
fied.
3024.
Promotion by selection to permanent grades
above lieutenant (junior grade).
3025.
Length of service for promotion purposes.
3026.
Appointments and promotions to permanent
grades.
3027.
General qualification of officers for pro-
motion to higher permanent grade.
3028.
Positions of importance and responsibility.
3029.
Temporary appointments.
3030.
Temporary appointment or advancement of
commissioned officers in time of war or na-
tional emergency.
3031.
Pay and allowances; date of acceptance of
promotion.
3032.
Service credit as deck officer or junior engi-
neer for promotion purposes.
3033.
Suspension during war or emergency.
3034.
Officer candidates.
3035.
Procurement of personnel.
3036.
Career flexibility to enhance retention of offi-
cers.
SUBCHAPTER III—SEPARATION AND
RETIREMENT OF OFFICERS
3041.
Involuntary retirement or separation.
3042.
Separation pay.
3043.
Mandatory retirement for age.
3044.
Retirement for length of service.
3045.
Computation of retired pay.
3046.
Retired grade and retired pay.
3047.
Retired rank and pay held pursuant to other
laws unaffected.
3048.
Continuation on active duty; deferral of re-
tirement.
3049.
Recall to active duty.
SUBCHAPTER IV—SERVICE OF OFFICERS WITH
THE MILITARY DEPARTMENTS
3061.
Cooperation with and transfer to military de-
partments.
3062.
Relative rank of officers when serving with
Army, Navy, or Air Force.
3063.
Rules and regulations when cooperating with
military departments.
SUBCHAPTER V—RIGHTS AND BENEFITS
3071.
Applicability of certain provisions of title 10.
3071a.
Applicability of certain provisions
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 3001
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.