33 U.S.C. § 3021 — Original appointments and reappoint-

Page 931 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3021 assistance after the member fails to satisfy such requirements, unless the Administrator determines that the imposition of the repay- ment requirement and the termination of pay- ment of unpaid amounts of such assistance with regard to the member would be— (A) contrary to a personnel policy or man- agement objective; (B) against equity and good conscience; or (C) contrary to the best interests of the United States. (2) Regulations The Administrator may establish, by regula- tions, procedures for determining the amount of the repayment required under this sub- section and the circumstances under which an exception to repayment may be granted. The Administrator may specify in the regulations the conditions under which financial assist- ance to be paid to a member of the program will not be made if the member no longer sat- isfies the requirements in subsection (c) or qualifications in subsection (d) for such assist- ance. (3) Obligation as debt to United States An obligation to repay the United States under this subsection is, for all purposes, a debt owed to the United States. (Pub. L. 107–372, title II, § 218, as added Pub. L. 116–259, title I, § 105(a), Dec. 23, 2020, 134 Stat. 1157.) § 3009. Use of recruiting materials for public re- lations The Secretary may use for public relations purposes of the Department of Commerce any advertising materials developed for use for re- cruitment and retention of personnel for the commissioned officer corps of the Administra- tion. Any such use shall be under such condi- tions and subject to such restrictions as the Sec- retary shall prescribe. (Pub. L. 107–372, title II, § 219, as added Pub. L. 116–259, title I, § 106(a), Dec. 23, 2020, 134 Stat. 1159.) § 3010. Awards and decorations The Under Secretary may provide ribbons, medals, badges, trophies, and similar devices to members of the commissioned officer corps of the Administration and to members of other uniformed services for service and achievement in support of the missions of the Administra- tion. (Pub. L. 107–372, title II, § 220, as added Pub. L. 117–263, div. K, title CXVII, § 11704(a), Dec. 23, 2022, 136 Stat. 4156.) SUBCHAPTER II—APPOINTMENT AND PROMOTION OF OFFICERS § 3021. Original appointments and reappoint- ments (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 commis- sioned officer corps of the Administration, may not be made in any other grade than ensign. (ii) Rank Officer candidates receiving appoint- ments 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 Sec- retary of Defense, graduates of the military service academies of the United States who otherwise meet the academic standards for enrollment in the training program de- scribed in subparagraph (A). (C) Graduates of the State maritime acad- emies who— (i) otherwise meet the academic stand- ards for enrollment in the training pro- gram described in subparagraph (A); (ii) completed at least three years of regimented training while at a State mari- time 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 or more years aboard a vessel of the United States in the capacity of a licensed officer, who otherwise meet the academic standards for enrollment in the training program de- scribed in subparagraph (A). (3) Definitions In this subsection: (A) Military service academies of the United States The term ‘‘military service academies of the United States’’ means the following: (i) The United States Military Academy, West Point, New York. (ii) The United States Naval Academy, Annapolis, Maryland. (iii) The United States Air Force Acad- emy, Colorado Springs, Colorado. (iv) The United States Coast Guard Academy, New London, Connecticut. (v) The United States Merchant Marine Academy, Kings Point, New York. Page 932 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3022 1 So in original. The period probably should not appear. (B) State maritime academy The term ‘‘State maritime academy’’ has the meaning given the term in section 51102 of title 46. (b) Reappointment (1) In general Except as provided in paragraph (2), an indi- vidual who previously served in the commis- sioned officer corps of the Administration may be appointed by the Secretary to the grade the individual held prior to separation. (2) Reappointments to higher grades An appointment under paragraph (1) to a po- sition of importance and responsibility des- ignated under section 3028 of this title may only be made by the President. (c) Qualifications An appointment under subsection (a) or (b) may— (1) be given only to an individual who is a citizen of the United States; and (2) not be given.1 to an individual until the individual’s mental, moral, physical, and pro- fessional fitness to perform the duties of an of- ficer has been established under such regula- tions as the Secretary shall prescribe. (d) Order of precedence Appointees under this section shall take prec- edence in the grade to which appointed in ac- cordance with the dates of their commissions as commissioned officers in such grade. The order of precedence of appointees whose dates of com- mission are the same shall be determined by the Secretary. (e) Inter-service transfers For inter-service transfers (as described in De- partment of Defense Directive 1300.4 (dated De- cember 27, 2006)) the Secretary shall— (1) coordinate with the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating to promote and streamline inter-service transfers; (2) give preference to such inter-service transfers for recruitment purposes as deter- mined appropriate by the Secretary; and (3) reappoint such inter-service transfers to the equivalent grade in the commissioned offi- cer corps of the Administration. (Pub. L. 107–372, title II, § 221, Dec. 19, 2002, 116 Stat. 3084; Pub. L. 116–259, title III, § 301(a), Dec. 23, 2020, 134 Stat. 1169; Pub. L. 117–263, div. K, title CXVII, § 11702, Dec. 23, 2022, 136 Stat. 4156.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 853t of this title prior to repeal by Pub. L. 107–372. AMENDMENTS 2022—Subsec. (c). Pub. L. 117–263 substituted ‘‘may— ‘‘(1) be given only to an individual who is a citizen of the United States; and ‘‘(2) not be given.’’ for ‘‘may not be given’’. 2020—Pub. L. 116–259 substituted ‘‘Original appoint- ments and reappointments’’ for ‘‘Original appoint- ments’’ in section catchline and amended text gen- erally. Prior to amendment, text related to original ap- pointments in the grades of ensign, lieutenant (junior grade), and lieutenant. § 3022. Personnel boards (a) Convening Not less frequently than once each year and at such other times as the Secretary determines necessary, the Secretary shall convene a per- sonnel 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 Sec- retary considers necessary. (3) No membership on two successive boards No officer may be a member of two succes- sive personnel boards convened to consider of- ficers of the same grade for promotion or sepa- ration. (c) Duties Each personnel board shall— (1) recommend to the Secretary such changes as may be necessary to correct any er- roneous 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 ap- pointment, promotion, involuntary separa- tion, continuation, and involuntary retire- ment 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 Sec- retary 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 ap- proval of the Director, be excluded from con- sideration for promotion by a personnel board convened under this section. (2) Approval The Director shall approve a request made by an officer under paragraph (1) only if— (A) the basis for the request is to allow the officer to complete a broadening assignment, advanced education, another assignment of significant value to the Administration, a career progression requirement delayed by