33 U.S.C. § 3005 — Number of authorized commissioned offi-

Page 928 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3003 Editorial Notes 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. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 857–1 of this title prior to repeal by Pub. L. 107–372. AMENDMENTS 2022—Subsec. (b)(8). Pub. L. 117–263 added par. (8). 2020—Subsec. (b)(4) to (7). Pub. L. 116–259 added par. (4) and redesignated former pars. (4) to (6) as (5) to (7), respectively. § 3003. Authorized number on the active list (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. Offi- cers shall be carried on the lineal list by grade and, within grade, by seniority in grade. (Pub. L. 107–372, title II, § 213, Dec. 19, 2002, 116 Stat. 3083.) § 3004. Strength and distribution in grade (a) Grades The commissioned grades in the commissioned officer corps of the Administration are the fol- lowing, in relative rank with officers of the Navy: (1) Vice admiral. (2) Rear admiral. (3) Rear admiral (lower half). (4) Captain. (5) Commander. (6) Lieutenant commander. (7) Lieutenant. (8) Lieutenant (junior grade). (9) Ensign. (b) Grade distribution The Secretary shall prescribe, with respect to the distribution on the lineal list in grade, the percentages applicable to the grades set forth in subsection (a). (c) Annual computation of number in grade (1) In general Not less frequently than once each year, the Secretary shall make a computation to deter- mine the number of officers on the lineal list authorized to be serving in each grade. (2) Method of computation The number in each grade shall be computed by applying the applicable percentage to the total number of such officers serving on active duty on the date the computation is made. (3) Fractions If a final fraction occurs in computing the authorized number of officers in a grade, the nearest whole number shall be taken. If the fraction is one-half, the next higher whole number shall be taken. (d) 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 if the average number on that list during that fiscal year does not ex- ceed the authorized number. (e) Positions of importance and responsibility Officers serving in positions designated under section 3028(a) of this title and officers recalled from retired status shall not be counted when computing authorized strengths under sub- section (c) and shall not count against those strengths. (f) Preservation of grade and pay No officer may be reduced in grade or pay or separated from the commissioned officer corps of the Administration as the result of a com- putation made to determine the authorized number of officers in the various grades. (Pub. L. 107–372, title II, § 214, Dec. 19, 2002, 116 Stat. 3083; Pub. L. 116–259, title I, § 101, Dec. 23, 2020, 134 Stat. 1154.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 853a of this title prior to repeal by Pub. L. 107–372. AMENDMENTS 2020—Pub. L. 116–259 amended section generally. Prior to amendment, section established strength and dis- tribution of officers in grades. § 3005. Number of authorized commissioned offi- cers (a) In general The total number of authorized commissioned officers on the lineal list of the commissioned officer corps of the Administration shall not ex- ceed 500. (b) Positions of importance and responsibility Officers serving in positions designated under section 3028 of this title and officers recalled from retired status or detailed to an agency other than the Administration— (1) may not be counted in determining the total number of authorized officers on the lin- eal list under this section; and (2) may not count against such number. (Pub. L. 107–372, title II, § 215, Dec. 19, 2002, 116 Stat. 3084; Pub. L. 110–386, § 6, Oct. 10, 2008, 122 Stat. 4108; Pub. L. 116–259, title I, § 102(a), Dec. 23, 2020, 134 Stat. 1155.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 853a of this title prior to repeal by Pub. L. 107–372. AMENDMENTS 2020—Pub. L. 116–259 amended section generally. Prior to amendment, section related to number of authorized commissioned officers effective Oct. 1, 2009. Page 929 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3008 2008—Pub. L. 110–386 amended section generally. Prior to amendment, section read as follows: ‘‘There are au- thorized to be on the lineal list of the commissioned corps of the National Oceanic and Atmospheric Admin- istration— ‘‘(1) 270 officers for fiscal year 2003; ‘‘(2) 285 officers for fiscal year 2004; and ‘‘(3) 299 officers for fiscal year 2005.’’ § 3006. Obligated service requirement (a) In general (1) Regulations The Secretary shall prescribe the obligated service requirements for appointments, train- ing, promotions, separations, continuations, and retirements of officers not otherwise cov- ered by law. (2) Written agreements The Secretary and officers shall enter into written agreements that describe the officers’ obligated service requirements prescribed under paragraph (1) in return for such appoint- ments, training, promotions, separations, con- tinuations, and retirements as the Secretary considers appropriate. (b) Repayment for failure to satisfy requirements (1) In general The Secretary may require an officer who fails to meet the service requirements pre- scribed under subsection (a)(1) to reimburse the Secretary in an amount that bears the same ratio to the total costs of the training provided to that officer by the Secretary as the unserved portion of active duty bears to the total period of active duty the officer agreed to serve. (2) Obligation as debt to United States An obligation to reimburse the Secretary under paragraph (1) is, for all purposes, a debt owed to the United States. (3) Discharge in bankruptcy A discharge in bankruptcy under title 11 that is entered less than five years after the termination of a written agreement entered into under subsection (a)(2) does not discharge the individual signing the agreement from a debt arising under such agreement. (c) Waiver or suspension of compliance The Secretary may waive the service obliga- tion of an officer who— (1) becomes unqualified to serve on active duty in the commissioned officer corps of the Administration because of a circumstance not within the control of that officer; or (2) is— (A) not physically qualified for appoint- ment; and (B) determined to be unqualified for serv- ice in the commissioned officer corps of the Administration because of a physical or medical condition that was not the result of the officer’s own misconduct or grossly neg- ligent conduct. (Pub. L. 107–372, title II, § 216, as added Pub. L. 116–259, title I, § 103(a), Dec. 23, 2020, 134 Stat. 1155.) § 3007. Training and physical fitness (a) Training The Secretary may take such measures as may be necessary to ensure that officers are pre- pared to carry out their duties in the commis- sioned officer corps of the Administration and proficient in the skills necessary to carry out such duties. Such measures may include the fol- lowing: (1) Carrying out training programs and cor- respondence courses, including establishing and operating a basic officer training program to provide initial indoctrination and maritime vocational training for officer candidates as well as refresher training, mid-career training, aviation training, and such other training as the Secretary considers necessary for officer development and proficiency. (2) Providing officers and officer candidates with educational materials. (3) Acquiring such equipment as may be nec- essary for training and instructional purposes. (b) Physical fitness The Secretary shall ensure that officers main- tain a high physical state of readiness by estab- lishing standards of physical fitness for officers that are substantially equivalent to those pre- scribed for officers in the Coast Guard. (Pub. L. 107–372, title II, § 217, as added Pub. L. 116–259, title I, § 104(a), Dec. 23, 2020, 134 Stat. 1156.) § 3008. Aviation accession training programs (a) Definitions In this section: (1) Administrator The term ‘‘Administrator’’ means the Under Secretary of Commerce for Oceans and Atmos- phere and the Administrator of the National Oceanic and Atmospheric Administration. (2) Member of the program The term ‘‘member of the program’’ means a student who is enrolled in the program. (3) Program The term ‘‘program’’ means an aviation ac- cession training program of the commissioned officer corps of the Administration established pursuant to subsection (b). (b) Aviation accession training programs (1) Establishment authorized The Administrator, under regulations pre- scribed by the Secretary, shall establish and maintain one or more aviation accession training programs for the commissioned offi- cer corps of the Administration at institutions described in paragraph (2). (2) Institutions described An institution described in this paragraph is an educational institution— (A) that requests to enter into an agree- ment with the Administrator providing for the establishment of the program at the in- stitution; (B) that has, as a part of its curriculum, a four-year baccalaureate program of profes-