Subtitle B-Appointment and Promotion of Officers SEC. 221. [33 U.S.C. 3021] ORIGINAL APPOINTMENTS. (a) IN GENERAL. (1) GRADES.-Original appointments may be made in the grades of ensign, lieutenant (junior grade), and lieutenant. (2) QUALIFICATIONS.-Under regulations prescribed by the Secretary, such an appointment may be given only to a person who (A) meets the qualification requirements specified in paragraphs (1) through (4) of section 532(a) of title 10, United States Code; and (B) has such other special qualifications as the Secretary may prescribe by regulation. (3) EXAMINATION.-A person may be given such an appointment only after passage of a mental and physical examination given in accordance with regulations prescribed by the Secretary. (4) REVOCATION OF COMMISSION OF OFFICERS FOUND NOT QUALIFIED.-The President may revoke the commission of any officer appointed under this section during the officer's first three years of service if the officer is found not qualified for the service. Any such revocation shall be made under regulations prescribed by the President. (b) LINEAL LIST.-Each person appointed under this section shall be placed on the lineal list in a position commensurate with that person's age, education, and experience, in accordance with regulations prescribed by the Secretary. (c) SERVICE CREDIT UPON ORIGINAL APPOINTMENT IN GRADE ABOVE ENSIGN. (1) IN GENERAL.-For the purposes of basic pay, a person appointed under this section in the grade of lieutenant shall be credited as having, on the date of that appointment, three years of service, and a person appointed under this section in the grade of lieutenant (junior grade) shall be credited as having, as of the date of that appointment, 11⁄2 years of service. (2) HIGHER CREDIT UNDER OTHER LAW.-If a person appointed under this section is entitled to credit for the purpose of basic pay under any other provision of law that would exceed the amount of credit authorized by paragraph (1), that person shall be credited with that amount of service in lieu of the credit authorized by paragraph (1). SEC. 222. [33 U.S.C. 3022] PERSONNEL BOARDS. (a) CONVENING.-At least once a year and at such other times as the Secretary determines necessary, the Secretary shall convene a personnel board. A personnel board shall consist of not less than five officers on the lineal list in the permanent grade of commander or above. (b) DUTIES.—Each personnel board shall— (1) recommend to the Secretary such changes in the lineal list as the board may determine; and SEC. 213. [33 U.S.C. 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. Officers shall be carried on the lineal list by grade and, within grade, by seniority in grade. SEC. 214. [33 U.S.C. 3004] STRENGTH AND DISTRIBUTION IN GRADE. (a) RELATIVE RANK; PROPORTION.-Of the total authorized number of officers on the lineal list of the commissioned corps, there are authorized numbers in permanent grade, in relative rank with officers of the Navy, in proportions as follows: (1) 8 in the grade of captain. (2) 14 in the grade of commander. (3) 19 in the grade of lieutenant commander. (5) 18 in the grade of lieutenant (junior grade). (b) COMPUTATION OF NUMBER IN GRADE.— (1) IN GENERAL.-Subject to paragraph (2), whenever a final fraction occurs in computing the authorized number of officers in a grade, the nearest whole number shall be taken, and if the fraction is one-half the next higher whole number shall be taken. (2) LIMITATION ON INCREASE IN TOTAL NUMBER.-The total number of officers on the lineal list authorized by law may not be increased as the result of the computations prescribed in this section, and if necessary the number of officers in the lowest grade shall be reduced accordingly. (c) PRESERVATION OF GRADE AND PAY, ETC.-No officer may be reduced in grade or pay or separated from the commissioned corps as the result of a computation made to determine the authorized number of officers in the various grades. (d) FILLING OF VACANCIES; ADDITIONAL NUMBERS.-Nothing in this section may be construed as requiring the filling of any vacancy or as prohibiting additional numbers in any grade to compensate for vacancies existing in higher grades. (e) 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 so long as the average number on that list during that fiscal year does not exceed the authorized number. SEC. 215. [33 U.S.C. 3005] AUTHORIZED NUMBER FOR FISCAL YEARS 2003 THROUGH 2005. There are authorized to be on the lineal list of the commissioned corps of the National Oceanic and Atmospheric Administration (1) 270 officers for fiscal year 2003; (2) 285 officers for fiscal year 2004; and Subtitle B-Appointment and Promotion of Officers SEC. 221. [33 U.S.C. 3021] ORIGINAL APPOINTMENTS. (a) IN GENERAL. (1) GRADES.-Original appointments may be made in the grades of ensign, lieutenant (junior grade), and lieutenant. (2) QUALIFICATIONS.-Under regulations prescribed by the Secretary, such an appointment may be given only to a person who (A) meets the qualification requirements specified in paragraphs (1) through (4) of section 532(a) of title 10, United States Code; and (B) has such other special qualifications as the Secretary may prescribe by regulation. (3) EXAMINATION.-A person may be given such an appointment only after passage of a mental and physical examination given in accordance with regulations prescribed by the Secretary. (4) REVOCATION OF COMMISSION OF OFFICERS FOUND NOT QUALIFIED.-The President may revoke the commission of any officer appointed under this section during the officer's first three years of service if the officer is found not qualified for the service. Any such revocation shall be made under regulations prescribed by the President. (b) LINEAL LIST.-Each person appointed under this section shall be placed on the lineal list in a position commensurate with that person's age, education, and experience, in accordance with regulations prescribed by the Secretary. (c) SERVICE CREDIT UPON ORIGINAL APPOINTMENT IN GRADE ABOVE ENSIGN.— (1) IN GENERAL.-For the purposes of basic pay, a person appointed under this section in the grade of lieutenant shall be credited as having, on the date of that appointment, three years of service, and a person appointed under this section in the grade of lieutenant (junior grade) shall be credited as having, as of the date of that appointment, 11⁄2 years of service. (2) HIGHER CREDIT UNDER OTHER LAW.-If a person appointed under this section is entitled to credit for the purpose of basic pay under any other provision of law that would exceed the amount of credit authorized by paragraph (1), that person shall be credited with that amount of service in lieu of the credit authorized by paragraph (1). SEC. 222. [33 U.S.C. 3022] PERSONNEL BOARDS. (a) CONVENING.—At least once a year and at such other times as the Secretary determines necessary, the Secretary shall convene a personnel board. A personnel board shall consist of not less than five officers on the lineal list in the permanent grade of commander or above. (b) DUTIES.-Each personnel board shall (1) recommend to the Secretary such changes in the lineal list as the board may determine; and (2) make selections and recommendations to the Secretary and President for the appointment, promotion, separation, continuation, and retirement of officers as prescribed in this subtitle and subtitle C. (c) ACTION ON RECOMMENDATIONS NOT ACCEPTABLE.—In a case in which any recommendation by a board convened under subsection (a) is not accepted by the Secretary or the President, the board shall make such further recommendations as are acceptable. SEC. 223. [33 U.S.C. 3023] PROMOTION OF ENSIGNS TO GRADE OF LIEUTENANT (JUNIOR GRADE). (a) IN GENERAL.-An officer in the permanent grade of ensign shall be promoted to and appointed in the grade of lieutenant (junior grade) upon completion of three years of service. The authorized number of officers in the grade of lieutenant (junior grade) shall be temporarily increased as necessary to authorize such appointment. (b) 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 officer's commission shall be revoked and the officer shall be separated from the commissioned service. SEC. 224. [33 U.S.C. 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 personnel board. SEC. 225. [33 U.S.C. 3025] LENGTH OF SERVICE FOR PROMOTION PUR POSES. (a) GENERAL RULE.-Each officer shall be assumed to have, for promotion 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. SEC. 226. [33 U.S.C. 3026] APPOINTMENTS AND PROMOTIONS TO PERMANENT GRADES. Appointments in and promotions to all permanent grades shall be made by the President, by and with the advice and consent of the Senate. SEC. 227. [33 U.S.C. 3027] GENERAL QUALIFICATION OF OFFICERS FOR PROMOTION TO HIGHER PERMANENT GRADE. No officer may be promoted to a higher permanent grade on the active list until the officer has passed a satisfactory mental and physical examination in accordance with regulations prescribed by the Secretary. SEC. 228. [33 U.S.C. 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 admiral, 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 Secretary shall designate one position under this section as responsible for oversight of the vessel and aircraft fleets and for the administration of the commissioned officer corps. That position shall be filled by an officer on the lineal list serving in or above the grade of rear admiral (lower half). For the specific purpose of administering the commissioned officer corps, that position shall carry the title of Director 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 Marine and Aviation Operations. (d) GRADE. (1) TEMPORARY APPOINTMENT TO GRADE DESIGNATED FOR POSITION.-An officer assigned to a position under this section while so serving has the grade designated for that position, if appointed to that grade by the President, by and with the advice and consent of the Senate. (2) REVERSION TO PERMANENT GRADE.-An officer who has served in a grade above captain, upon termination of the officer's assignment to the position for which that appointment was made, shall, unless appointed or assigned to another position for which a higher grade is designated, 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) NUMBER OF OFFICERS APPOINTED. (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). (f) PAY AND ALLOWANCES.-An officer appointed to a grade under this section, while serving in that grade, shall have the pay and allowances of the grade to which appointed. (g) EFFECT OF APPOINTMENT.-An appointment of an officer under this section (1) does not vacate the permanent grade held by the offi cer; and (2) creates a vacancy on the active list. SEC. 229. [33 U.S.C. 3029] TEMPORARY APPOINTMENTS AND PROMOTIONS GENERALLY. (a) ENSIGN.-Temporary appointments in the grade of ensign may be made by the President alone. Each such temporary appointment terminates at the close of the next regular session of the Congress unless the Senate sooner gives its advice and consent to the appointment. |