33 U.S.C. § 3027 — General qualification of officers for pro-

Page 933 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3027 the assignment or education, or a qualifying personal or professional circumstance, as de- termined by the Director; (B) the Director determines the exclusion from consideration is in the best interest of the Administration; and (C) the officer has not previously failed se- lection for promotion to the grade for which the officer requests the exclusion from con- sideration. (Pub. L. 107–372, title II, § 222, Dec. 19, 2002, 116 Stat. 3085; Pub. L. 116–259, title III, § 302, Dec. 23, 2020, 134 Stat. 1171.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c)(2), was in the original ‘‘this title’’, meaning title II of Pub. L. 107–372, Dec. 19, 2002, 116 Stat. 3082, which is classified prin- cipally 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 853r 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 convening, duties and recommendations of personnel boards. § 3023. 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 offi- cer’s commission shall be revoked and the offi- cer shall be separated from the commissioned service. (Pub. L. 107–372, title II, § 223, Dec. 19, 2002, 116 Stat. 3085; Pub. L. 117–263, div. K, title CXVII, § 11703(a), Dec. 23, 2022, 136 Stat. 4156.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 853e of this title prior to repeal by Pub. L. 107–372. AMENDMENTS 2022—Pub. L. 117–263 amended section generally. Prior to amendment, section consisted of subsecs. (a) and (b) relating, respectively, to promotion of ensigns to grade of lieutenant (junior grade) and separation of ensigns found not fully qualified. Executive Documents DELEGATION OF FUNCTIONS As amended by Pub. L. 117–263, text of section is iden- tical to that of former subsec. (b) of this section. For delegation of functions of President under former sub- sec. (b) of this section to Secretary of Commerce, see section 1(a) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, as amended, set out as a note under section 301 of Title 3, The President. § 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 per- sonnel board. (Pub. L. 107–372, title II, § 224, Dec. 19, 2002, 116 Stat. 3085.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 853b of this title prior to repeal by Pub. L. 107–372. § 3025. Length of service for promotion purposes (a) General rule Each officer shall be assumed to have, for pro- motion 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. (Pub. L. 107–372, title II, § 225, Dec. 19, 2002, 116 Stat. 3085.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 853f of this title prior to repeal by Pub. L. 107–372. § 3026. Appointments and promotions to perma- nent grades Appointments in and promotions to all perma- nent grades shall be made by the President. (Pub. L. 107–372, title II, § 226, Dec. 19, 2002, 116 Stat. 3085; Pub. L. 112–166, § 2(gg)(1), Aug. 10, 2012, 126 Stat. 1290.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 853i(a) of this title prior to repeal by Pub. L. 107–372. AMENDMENTS 2012—Pub. L. 112–166 struck out ‘‘, by and with the advice and consent of the Senate’’ before period at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security. § 3027. General qualification of officers for pro- motion to higher permanent grade No officer may be promoted to a higher perma- nent grade on the active list until the officer has passed a satisfactory mental and physical examination in accordance with regulations pre- scribed by the Secretary. Page 934 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3028 (Pub. L. 107–372, title II, § 227, Dec. 19, 2002, 116 Stat. 3085.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 854 of this title prior to repeal by Pub. L. 107–372. § 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 admi- ral, 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 Corps and Office of Marine and Aviation Operations The President shall designate one position as responsible for oversight of the vessel and air- craft 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 serving in or above the grade of rear admiral (lower half). For the specific pur- pose of administering the commissioned officer corps, that position shall carry the title of Di- rector 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 Ma- rine and Aviation Operations. (d) Grade (1) Temporary appointment to grade des- ignated for position An officer assigned to a position under this section while so serving has the grade des- ignated 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, upon termination of the officer’s as- signment to the position for which that ap- pointment was made, shall, unless appointed or assigned to another position for which a higher grade is designated or immediately be- ginning a period of terminal leave, 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) Limit on number of officers appointed The total number of officers serving on active duty at any one time in the grade of rear admi- ral (lower half) or above may not exceed five, with only one serving in the grade of vice admi- ral. (f) Pay and allowances An officer appointed to a grade under this sec- tion, while serving in that grade or in a period of annual leave used at the end of the appoint- ment, shall have the pay and allowances of the grade to which appointed. (g) Effect of appointment An appointment of an officer under this sec- tion— (1) does not vacate the permanent grade held by the officer; and (2) creates a vacancy on the active list. (Pub. L. 107–372, title II, § 228, Dec. 19, 2002, 116 Stat. 3086; Pub. L. 112–166, § 2(gg)(2), Aug. 10, 2012, 126 Stat. 1290; Pub. L. 116–259, title III, § 303, Dec. 23, 2020, 134 Stat. 1171.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 853u of this title prior to repeal by Pub. L. 107–372. AMENDMENTS 2020—Subsec. (c). Pub. L. 116–259, § 303(1), substituted ‘‘The President shall designate one position’’ for ‘‘The Secretary shall designate one position under this sec- tion’’ in first sentence, and ‘‘The President shall fill that position by appointing, by and with the advice and consent of the Senate,’’ for ‘‘That position shall be filled by’’ in second sentence. Subsec. (d)(2). Pub. L. 116–259, § 303(2), inserted ‘‘or immediately beginning a period of terminal leave’’ after ‘‘for which a higher grade is designated’’. Subsec. (e). Pub. L. 116–259, § 303(3), amended subsec. (e) generally. Prior to amendment, text read as follows: ‘‘(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 ‘‘(C) two in the grade of rear admiral (lower half).’’ Subsec. (f). Pub. L. 116–259, § 303(4), inserted ‘‘or in a period of annual leave used at the end of the appoint- ment’’ after ‘‘serving in that grade’’. 2012—Subsec. (d)(1). Pub. L. 112–166 struck out ‘‘, by and with the advice and consent of the Senate’’ before period at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security. APPOINTMENT OF COMMISSIONED OFFICERS Pub. L. 98–498, title III, § 320(c)(2), Oct. 19, 1984, 98 Stat. 2309, provided that: ‘‘After the date of the enact- ment of this Act [Oct. 19, 1984], no appointment of a commissioned officer may be made under section 2(d) or 2(f) of Reorganization Plan Numbered 4 of 1970 (84 Stat. 2090, 5 U.S.C. App.).’’ § 3029. Temporary appointments (a) Appointments by President Temporary appointments in the grade of en- sign, 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