33 U.S.C. § 3031 — Pay and allowances; date of acceptance of

Page 935 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3031 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 prece- dence 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 perma- nent 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. (Pub. L. 107–372, title II, § 229, Dec. 19, 2002, 116 Stat. 3087; Pub. L. 112–166, § 2(gg)(3), Aug. 10, 2012, 126 Stat. 1290; Pub. L. 116–259, title III, § 304(a), Dec. 23, 2020, 134 Stat. 1172.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 853j–1 of this title prior to repeal by Pub. L. 107–372. AMENDMENTS 2020—Pub. L. 116–259 substituted ‘‘Temporary ap- pointments’’ for ‘‘Temporary appointments and pro- motions generally’’ in section catchline and amended text generally. Prior to amendment, text related to temporary appointments and promotions to certain grades. 2012—Pub. L. 112–166 struck out ‘‘alone’’ after ‘‘Presi- dent’’ wherever appearing and, in subsec. (a), struck out ‘‘unless the Senate sooner gives its advice and con- sent to the appointment’’ before period at end of second sentence. 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. Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of Commerce by section 1(b)–(d) 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 Presi- dent. § 3030. Temporary appointment or advancement of commissioned officers in time of war or national emergency (a) In general Officers of the Administration shall be subject in like manner and to the same extent as per- sonnel of the Navy to all laws authorizing tem- porary appointment or advancement of commis- sioned officers in time of war or national emer- gency. (b) Limitations Subsection (a) shall be applied subject to the following limitations: (1) A commissioned officer in the service of a military department under section 3061 of this title may, upon the recommendation of the Secretary of the military department con- cerned, be temporarily promoted to a higher rank or grade. (2) A commissioned officer in the service of the Administration may be temporarily pro- moted to fill vacancies in ranks and grades caused by the transfer of commissioned offi- cers to the service and jurisdiction of a mili- tary department under section 3061 of this title. (3) Temporary appointments may be made in all grades to which original appointments in the Administration are authorized, except that the number of officers holding temporary appointments may not exceed the number of officers transferred to a military department under section 3061 of this title. (Pub. L. 107–372, title II, § 230, Dec. 19, 2002, 116 Stat. 3087.) Editorial Notes CODIFICATION Provisions similar to this section are contained in section 854a–1 of this title. Executive Documents DELEGATION OF FUNCTIONS Functions of President under subsec. (b) of this sec- tion delegated to Secretary of Commerce by section 1(h)–(j) 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. § 3031. Pay and allowances; date of acceptance of promotion (a) Acceptance and date of promotion An officer of the commissioned corps who is promoted to a higher grade— (1) is deemed for all purposes to have accept- ed the promotion upon the date the promotion is made by the President, unless the officer ex- pressly declines the promotion; and (2) shall receive the pay and allowances of the higher grade from that date unless the of- ficer is entitled under another provision of law to receive the pay and allowances of the high- er grade from an earlier date. (b) Oath of office An officer who subscribed to the oath of office required by section 3331 of title 5 shall not be re- quired to renew such oath or to take a new oath upon promotion to a higher grade, if the service of the officer after the taking of such oath is continuous. (Pub. L. 107–372, title II, § 231, Dec. 19, 2002, 116 Stat. 3087.) Editorial Notes CODIFICATION Provisions similar to this section are contained in section 854a–2 of this title. Page 936 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3032 § 3032. Service credit as deck officer or junior en- gineer for promotion purposes For purposes of promotion, there shall be counted in addition to active commissioned service, service as deck officer or junior engi- neer. (Pub. L. 107–372, title II, § 232, Dec. 19, 2002, 116 Stat. 3088.) Editorial Notes CODIFICATION Provisions similar to this section are contained in section 854a of this title. § 3033. Suspension during war or emergency In time of emergency declared by the Presi- dent or by the Congress, and in time of war, the President is authorized, in the President’s dis- cretion, to suspend the operation of all or any part of the provisions of law pertaining to pro- motion of commissioned officers of the Adminis- tration. (Pub. L. 107–372, title II, § 233, Dec. 19, 2002, 116 Stat. 3088.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 853i(b) of this title prior to repeal by Pub. L. 107–372. § 3034. Officer candidates (a) Determination of number The Secretary shall determine the number of appointments of officer candidates. (b) Appointment Appointment of officer candidates shall be made under regulations, which the Secretary shall prescribe, including regulations with re- spect to determining age limits, methods of se- lection of officer candidates, term of service as an officer candidate before graduation from the basic officer training program of the Adminis- tration, and all other matters affecting such ap- pointment. (c) Dismissal The Secretary may dismiss from the basic offi- cer training program of the Administration any officer candidate who, during the officer can- didate’s term as an officer candidate, the Sec- retary considers unsatisfactory in either aca- demics or conduct, or not adapted for a career in the commissioned officer corps of the Adminis- tration. Officer candidates shall be subject to rules governing discipline prescribed by the Di- rector of the National Oceanic and Atmospheric Administration Commissioned Officer Corps. (d) Agreement (1) In general Each officer candidate shall sign an agree- ment with the Secretary in accordance with section 3006(a)(2) of this title regarding the of- ficer candidate’s term of service in the com- missioned officer corps of the Administration. (2) Elements An agreement signed by an officer candidate under paragraph (1) shall provide that the offi- cer candidate agrees to the following: (A) That the officer candidate will com- plete the course of instruction at the basic officer training program of the Administra- tion. (B) That upon graduation from such pro- gram, the officer candidate— (i) will accept an appointment, if ten- dered, as an officer; and (ii) will serve on active duty for at least four years immediately after such appoint- ment. (e) Regulations The Secretary shall prescribe regulations to carry out this section. Such regulations shall in- clude— (1) standards for determining what con- stitutes a breach of an agreement signed under subsection (d)(1); and (2) procedures for determining whether such a breach has occurred. (f) Repayment An officer candidate or former officer can- didate who does not fulfill the terms of the obli- gation to serve as specified under subsection (d) shall be subject to the repayment provisions of section 3006(b) of this title. (Pub. L. 107–372, title II, § 234, as added Pub. L. 116–259, title III, § 305(a), Dec. 23, 2020, 134 Stat. 1172.) § 3035. Procurement of personnel The Secretary may take such measures as the Secretary determines necessary in order to ob- tain recruits for the commissioned officer corps of the Administration, including advertising. (Pub. L. 107–372, title II, § 235, as added Pub. L. 116–259, title III, § 306(a), Dec. 23, 2020, 134 Stat. 1174.) § 3036. Career flexibility to enhance retention of officers (a) Programs authorized The Secretary may carry out a program under which officers may be inactivated from active duty in order to meet personal or professional needs and returned to active duty at the end of such period of inactivation from active duty. (b) Period of inactivation from active duty; effect of inactivation (1) In general The period of inactivation from active duty under a program under this section of an offi- cer participating in the program shall be such period as the Secretary shall specify in the agreement of the officer under subsection (c), except that such period may not exceed three years. (2) Exclusion from retirement Any period of participation of an officer in a program under this section shall not count to- ward eligibility for retirement or computation of retired pay under subchapter III.