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33 U.S.C. § 853t to 854 — Repealed. Pub. L. 107–372, title II, § 271(1), (4), Dec. 19, 2002, 116 Stat. 3094
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 853t, act June 3, 1948, ch. 390, § 23, as added Pub. L. 87–233, § 1(h), Sept. 14, 1961, 75 Stat. 506, related to original appointments. See [section 3021 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3021&num=0&edition=prelim).
Section 853u, act June 3, 1948, ch. 390, § 24, as added Pub. L. 98–498, title III, § 320(c)(1), Oct. 19, 1984, 98 Stat. 2308; amended Pub. L. 99–145, title V, § 514(a)(3), Nov. 8, 1985, 99 Stat. 628; Pub. L. 105–384, title III, § 307(b), Nov. 13, 1998, 112 Stat. 3458, related to designation of positions of importance and responsibility. See [section 3028 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3028&num=0&edition=prelim).
Section 853v, act June 3, 1948, ch. 390, § 25, as added Pub. L. 106–65, div. A, title VI, § 652(c), Oct. 5, 1999, 113 Stat. 665, related to presentation of flag upon retirement. See [section 3076 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3076&num=0&edition=prelim).
Section 854, acts May 22, 1917, ch. 20, § 16, 40 Stat. 88; June 21, 1955, ch. 172, § 2(a), 69 Stat. 169, required mental and physical examination prior to appointment or promotion. See [section 3027 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3027&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 853t to 854
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Source file: Laws/federal/codes/united-states-code/title-33/section-853t-to-854-33-u-s-c-853t-to-854-repealed-pub-l-107372-title-ii-271-1-4-dec-19-2002--ddc1c7544e.md
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Source location: Title 33, Chapter 17, § 853t to 854; chapter-017-national-oceanic-and-atmospheric-administration.md
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### Statutory Notes
Section 853t, act June 3, 1948, ch. 390, § 23, as added Pub. L. 87–233, § 1(h), Sept. 14, 1961, 75 Stat. 506, related to original appointments. See [section 3021 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3021&num=0&edition=prelim).
Section 853u, act June 3, 1948, ch. 390, § 24, as added Pub. L. 98–498, title III, § 320(c)(1), Oct. 19, 1984, 98 Stat. 2308; amended Pub. L. 99–145, title V, § 514(a)(3), Nov. 8, 1985, 99 Stat. 628; Pub. L. 105–384, title III, § 307(b), Nov. 13, 1998, 112 Stat. 3458, related to designation of positions of importance and responsibility. See [section 3028 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3028&num=0&edition=prelim).
Section 853v, act June 3, 1948, ch. 390, § 25, as added Pub. L. 106–65, div. A, title VI, § 652(c), Oct. 5, 1999, 113 Stat. 665, related to presentation of flag upon retirement. See [section 3076 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3076&num=0&edition=prelim).
Section 854, acts May 22, 1917, ch. 20, § 16, 40 Stat. 88; June 21, 1955, ch. 172, § 2(a), 69 Stat. 169, required mental and physical examination prior to appointment or promotion. See [section 3027 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3027&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(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).
**(c) Director of NOAA Commissioned Officer Corps and Assistant Administrator for Marine and Aviation Operations** The President shall designate one position as responsible for oversight of the vessel and aircraft fleets and for the administration of the commissioned officer corps. The President shall fill that position by appointing, by and with the advice and consent of the Senate, an officer on the lineal list who has served, on the date of such appointment, in the grade of captain or above for not less than one year. 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 Assistant Administrator of the National Oceanic and Atmospheric Administration for 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.
(2) **Reversion to permanent grade** — An officer who has served in a grade above captain,
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3028
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Original appointments**
(1) **Grades**
(A) *In general* — Except as provided in subparagraph (B), an original appointment of an officer may be made in such grades as may be appropriate for—
(i) the qualification, experience, and length of service of the appointee; and
(ii) the commissioned officer corps of the Administration.
(B) *Appointment of officer candidates*
(i) *Limitation on grade* — An original appointment of an officer candidate, upon graduation from the basic officer training program of the commissioned officer corps of the Administration, may not be made in any other grade than ensign.
(ii) *Rank* — Officer candidates receiving appointments as ensigns upon graduation from the basic officer training program shall take rank according to their proficiency as shown by the order of their merit at date of graduation.
(2) **Source of appointments** — An original appointment may be made from among the following:
(A) Graduates of the basic officer training program of the commissioned officer corps of the Administration.
(B) Subject to the approval of the Secretary of Defense, graduates of the military service academies of the United States who otherwise meet the academic standards for enrollment in the training program described in subparagraph (A).
(C) Graduates of the State maritime academies who—
(i) otherwise meet the academic standards for enrollment in the training program described in subparagraph (A);
(ii) completed at least three years of regimented training while at a State maritime academy; and
(iii) obtained an unlimited tonnage or unlimited horsepower Merchant Mariner Credential from the United States Coast Guard.
(D) Licensed officers of the United States merchant marine who have served two o
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3021
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Presentation of flag upon retirement** Upon the release of a commissioned officer from active commissioned service for retirement, the Secretary shall present a United States flag to the officer.
**(b) Multiple presentations not authorized** An officer is not eligible for presentation of a flag under subsection (a) if the officer has previously been presented a flag under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement.
**(c) No cost to recipient** The presentation of a flag under this section shall be at no cost to the recipient.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3076
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Federal law — U.S. Code and appendices · legal_authorities
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: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3027
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