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33 U.S.C. § 853a to 853l — Repealed. Pub. L. 107–372, title II, § 271(1), Dec. 19, 2002, 116 Stat. 3094

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 853a to 853l — Repealed. Pub. L. 107–372, title II, § 271(1), Dec. 19, 2002, 116 Stat. 3094

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Stable record: federal_law:legal_authorities:record_usc_b7a20ae69c24135a29d852b2
Source file: Laws/federal/codes/united-states-code/title-33/section-853a-to-853l-33-u-s-c-853a-to-853l-repealed-pub-l-107372-title-ii-271-1-dec-19-2002-1--14b8c84af2.md
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Source location: Title 33, Chapter 17, § 853a to 853l; chapter-017-national-oceanic-and-atmospheric-administration.md

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### Statutory Notes Section 853a, acts June 3, 1948, ch. 390, § 2, 62 Stat. 297; Pub. L. 87–233, § 1(a), Sept. 14, 1961, 75 Stat. 506; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 105–384, title III, § 307(a), Nov. 13, 1998, 112 Stat. 3457, related to authorized numbers of commissioned officers on the active list of the National Oceanic and Atmospheric Administration. See sections 3004 and 3005 of this title. Section 853b, act June 3, 1948, ch. 390, § 3, 62 Stat. 298, related to promotion by selection to grades above lieutenant. See [section 3024 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3024&num=0&edition=prelim). Section 853c, act June 3, 1948, ch. 390, § 4, 62 Stat. 298, related to promotion to the grade of lieutenant and lieutenant commander upon completion of seven and fourteen years of service, respectively. Section 853d, act June 3, 1948, ch. 390, § 5, 62 Stat. 298, related to promotion to the grade of commander and captain after completion of twenty-one and thirty years of service, respectively. Section 853e, acts June 3, 1948, ch. 390, § 6, 62 Stat. 298; June 21, 1955, ch. 172, § 4(a), 69 Stat. 169; Pub. L. 87–233, § 1(b), Sept. 14, 1961, 75 Stat. 506, related to promotion and separation from service of ensigns. See [section 3023 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3023&num=0&edition=prelim). Section 853f, act June 3, 1948, ch. 390, § 7, 62 Stat. 298, related to length of service for purposes of promotion. See [section 3025 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3025&num=0&edition=prelim). Section 853g, acts June 3, 1948, ch. 390, § 8, 62 Stat. 298; Pub. L. 98–498, title III, § 320(a)(1), Oct. 19, 1984, 98 Stat. 2307, related to retirement or separation of officers. See [section 3041 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3041&num=0&edition=prelim). Section 853h, acts June 3, 1948, ch. 390, § 9, 62 Stat. 299; Pub. L. 87–649, § 9(b)(1), Sept. 7, 1962, 76 Stat. 495; Pub. L. 98–498, title III, § 320(a)(1), Oct. 19, 1984, 98 Stat. 2307; Pub. L. 102–54, § 13(m)(1), June 13, 1991, 105 Stat. 277; Pub. L. 105–85, div. A, title VI, § 652(a), (b), Nov. 18, 1997, 111 Stat. 1803, 1804, related to separation pay of officers. See [section 3042 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3042&num=0&edition=prelim). Section 853i, acts June 3, 1948, ch. 390, § 10, 62 Stat. 299; June 21, 1955, ch. 172, § 4(b), 69 Stat. 170, directed that appointments and promotions be made by President and authorized suspension of provisions in time of emergency. See sections 3026 and 3033 of this title. Section 853j, act June 3, 1948, ch. 390, § 11, 62 Stat. 299, required passing of examinations for promotion. Section 853j–1, acts June 3, 1948, ch. 390, § 12, as added Pub. L. 87–233, § 1(d), Sept. 14, 1961, 75 Stat. 506; amended Pub. L. 98–498, title III, § 320(b), Oct. 19, 1984, 98 Stat. 2308, related to temporary appointments and promotions made by President. See [section 3029 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3029&num=0&edition=prelim). Section 853k, acts June 3, 1948, ch. 390, § 13, formerly § 12, 62 Stat. 299; renumbered § 13, Pub. L. 87–233, § 1(c), Sept. 14, 1961, 75 Stat. 506, related to retirement of officers for age. See [section 3043 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3043&num=0&edition=prelim). Section 853l, acts June 3, 1948, ch. 390, § 14, formerly § 13, 62 Stat. 299; renumbered § 14 and amended Pub. L. 87–233, § 1(e), Sept. 14, 1961, 75 Stat. 506, related to retirement for length of service upon application. See [section 3044 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3044&num=0&edition=prelim). A prior section 14 of act June 3, 1948, was classified to [section 853m of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section853m&num=0&edition=prelim) prior to repeal by act Oct. 12, 1949. #### Short Title Section 1 of act June 3, 1948, ch. 390, 62 Stat. 297, provided that act June 3, 1948, enacting sections 853a to 853o and 853p to 853v of this title, amending sections 852a, 852b, 854a, and 864d of this title, and repealing sections 851a, 854b, 854c, 864b, and 864c of this title, could be cited as the “Coast and Geodetic Survey Commissioned Officers’ Act of 1948”, prior to repeal by Pub. L. 107–372, title II, § 271(1), Dec. 19, 2002, 116 Stat. 3094.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3022&num=0&edition=prelim)— (1) an officer in the permanent grade of captain or commander may— (A) except as provided by subparagraph (B), be transferred to the retired list; or (B) if the officer is not qualified for retirement, be separated from service; 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** (1) **In general** — Subject to paragraph (2), a retirement or separation under subsection (a) shall take effect on such date as is determined by the Secretary. (2) **Determination of date** — The effective date determined under paragraph (1) for a retirement or separation under subsection (a) shall be— (A) except as provided by subparagraph (B), not earlier than 60 days after the date on which the Secretary approves the retirement or separation; or (B) if the officer concerned requests an earlier effective date, such earlier date as is 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

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 3029 — Temporary appointments

**(a) Appointments by President** Temporary appointments in the grade of ensign, lieutenant junior grade, or lieutenant may be made by the President. **(b) Termination** A temporary appointment to a position under subsection (a) shall terminate upon approval of a permanent appointment for such position made by the President. **(c) Order of precedence** Appointees under subsection (a) shall take precedence in the grade to which appointed in accordance with the dates of their appointments as officers in such grade. The order of precedence of appointees who are appointed on the same date shall be determined by the Secretary. **(d) Any one grade** When determined by the Secretary to be in the best interest of the commissioned officer corps of the Administration, officers in any permanent grade may be temporarily promoted one grade by the President. Any such temporary promotion terminates upon the transfer of the officer to a new assignment.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 3042 — Separation pay

**(a) Authorization of payment** An officer who is separated under [section 3041(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3041/a/2&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174&num=0&edition=prelim) 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 und

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 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 or separated (as specified in [section 1251(e) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1251/e&num=0&edition=prelim)) 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.

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33 U.S.C. § 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.

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33 U.S.C. § 3023 — Separation of ensigns found not fully qualified

If an officer in the grade of ensign is at any time found not fully qualified, the officer shall be separated from the commissioned service.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 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), 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.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 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.

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