USC Subchapter I

in effect

33 U.S.C. § 3001 Commissioned officer corps

There shall be in the National Oceanic and Atmospheric Administration a commissioned officer corps.

33 U.S.C. § 3002 Definitions

(a) Applicability of definitions in title 10Except as provided in subsection (b), the definitions provided in section 101 of title 10 apply to the provisions of this chapter. (b) Additional definitionsIn this chapter:(1) Active dutyThe term “active duty” means full-time duty in the active service of a uniformed service. (2) GradeThe term “grade” means a step or degree, in a graduated scale of office or rank, that is established and designated as a grade by law or regulation. (3) OfficerThe term “officer” means an officer of the commissioned corps. (4) Officer candidateThe term “officer candidate” means an individual who is enrolled in the basic officer training program of the Administration and is under consideration for appointment as an officer under section 3021(a)(2)(A) of this title. (5) Flag officerThe term “flag officer” means an officer serving in, or having the grade of, vice admiral, rear admiral, or rear admiral (lower half). (6) SecretaryThe term “Secretary” means the Secretary of Commerce. (7) AdministrationThe term “Administration” means the National Oceanic and Atmospheric Administration. (8) Under SecretaryThe term “Under Secretary” means the Under Secretary of Commerce for Oceans and Atmosphere.

33 U.S.C. § 3003 Authorized number on the active list

(a) Annual strength on active listThe 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 listThe Secretary shall maintain a list, known as the “lineal list”, of officers on active duty. Officers shall be carried on the lineal list by grade and, within grade, by seniority in grade.

33 U.S.C. § 3004 Strength and distribution in grade

(a) GradesThe commissioned grades in the commissioned officer corps of the Administration are the following, 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 distributionThe 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 generalNot less frequently than once each year, the Secretary shall make a computation to determine the number of officers on the lineal list authorized to be serving in each grade. (2) Method of computationThe 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) FractionsIf 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 numbersThe 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 exceed the authorized number. (e) Positions of importance and responsibilityOfficers 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 subsection (c) and shall not count against those strengths. (f) Preservation of grade and payNo officer may be reduced in grade or pay or separated from the commissioned officer corps of the Administration as the result of a computation made to determine the authorized number of officers in the various grades.

33 U.S.C. § 3005 Number of authorized commissioned officers

(a) In generalThe total number of authorized commissioned officers on the lineal list of the commissioned officer corps of the Administration shall not exceed 500. (b) Positions of importance and responsibilityOfficers 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 lineal list under this section; and (2) may not count against such number.

33 U.S.C. § 3006 Obligated service requirement

(a) In general(1) RegulationsThe Secretary shall prescribe the obligated service requirements for appointments, training, promotions, separations, continuations, and retirements of officers not otherwise covered by law. (2) Written agreementsThe Secretary and officers shall enter into written agreements that describe the officers’ obligated service requirements prescribed under paragraph (1) in return for such appointments, training, promotions, separations, continuations, and retirements as the Secretary considers appropriate. (b) Repayment for failure to satisfy requirements(1) In generalThe Secretary may require an officer who fails to meet the service requirements prescribed 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 StatesAn obligation to reimburse the Secretary under paragraph (1) is, for all purposes, a debt owed to the United States. (3) Discharge in bankruptcyA 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 complianceThe Secretary may waive the service obligation 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 appointment; and (B) determined to be unqualified for service 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 willful misconduct.

33 U.S.C. § 3007 Training and physical fitness

(a) TrainingThe Secretary may take such measures as may be necessary to ensure that officers are prepared to carry out their duties in the commissioned officer corps of the Administration and proficient in the skills necessary to carry out such duties. Such measures may include the following:(1) Carrying out training programs and correspondence 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 necessary for training and instructional purposes. (b) Physical fitnessThe Secretary shall ensure that officers maintain a high physical state of readiness by establishing standards of physical fitness for officers that are substantially equivalent to those prescribed for officers in the Coast Guard.

33 U.S.C. § 3008 Cooperative aviation centers

(a) DefinitionsIn this section:(1) AdministratorThe term “Administrator” means the Under Secretary of Commerce for Oceans and Atmosphere and the Administrator of the National Oceanic and Atmospheric Administration. (2) Cooperative Aviation CenterThe term “Cooperative Aviation Center” means a Cooperative Aviation Center designated under subsection (b)(1). (b) Cooperative Aviation Centers(1) Designation requiredThe Administrator shall designate one or more Cooperative Aviation Centers for the commissioned officer corps of the Administration at institutions described in paragraph (3). (2) PurposeThe purpose of Cooperative Aviation Centers is to facilitate the development and recruitment of aviators for the commissioned officer corps of the Administration. (3) Institutions describedAn institution described in this paragraph is an educational institution that—(A) applies to enter into an agreement with the Administrator providing for the establishment of the program at the institution; (B) has, as a part of its curriculum, a four-year baccalaureate program of professional flight and piloting instruction that is accredited by the Aviation Accreditation Board International; and (C) is located in a geographic area that experiences a wide variation in climate-related activity, including frequent high winds, convective activity (including tornadoes), periods of low visibility, heat, and snow and ice episodes, to provide opportunities for pilots to demonstrate skill in all weather conditions compatible with future encounters during their service in the commissioned officer corps of the Administration. (c) Cooperative Aviation Centers Advisor(1) AssignmentThe Administrator shall assign an officer or employee of the commissioned officer corps of the Administration to serve as the Cooperative Aviation Centers Advisor. (2) DutiesThe Cooperative Aviation Centers Advisor shall—(A) coordinate all engagement of the Administration with Cooperative Aviation Centers, including assistance with curriculum development; and (B) serve as the chief aviation recruiting officer for the commissioned officer corps of the Administration.

33 U.S.C. § 3009 Use of recruiting materials for public relations

The Secretary may use for public relations purposes of the Department of Commerce any advertising materials developed for use for recruitment and retention of personnel for the commissioned officer corps of the Administration. Any such use shall be under such conditions and subject to such restrictions as the Secretary shall prescribe.

33 U.S.C. § 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 Administration.