SUBCHAPTER I—GENERAL PROVISIONS

§3001. Commissioned officer corps

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

(Pub. L. 107–372, title II, §211, Dec. 19, 2002, 116 Stat. 3082.)

Statutory Notes and Related Subsidiaries

Short Title of 2020 Amendment

Pub. L. 116–259, §1(a), Dec. 23, 2020, 134 Stat. 1153, provided that: "This Act [see Tables for classification] may be cited as the 'National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020'."

Short Title

Pub. L. 107–372, title II, §201, Dec. 19, 2002, 116 Stat. 3082, provided that: "This title [enacting this chapter, amending section 1406 of Title 10, Armed Services, and section 2396 of Title 22, Foreign Relations and Intercourse, repealing sections 853a to 853l, 853o, 853p to 853r, 853t to 854, 855, 856 to 857–5, 858, 864, and 874 of this title, amending provisions set out as a note under section 1293 of Title 10, and repealing provisions set out as notes under sections 853a and 857–1 of this title and section 101 of Title 38, Veterans' Benefits] may be cited as the 'National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002'."

§3002. Definitions

(a) Applicability of definitions in title 10

Except as provided in subsection (b), the definitions provided in section 101 of title 10 apply to the provisions of this chapter.

(b) Additional definitions

In this chapter:

(1) Active duty

The term "active duty" means full-time duty in the active service of a uniformed service.

(2) Grade

The 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) Officer

The term "officer" means an officer of the commissioned corps.

(4) Officer candidate

The 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 officer

The term "flag officer" means an officer serving in, or having the grade of, vice admiral, rear admiral, or rear admiral (lower half).

(6) Secretary

The term "Secretary" means the Secretary of Commerce.

(7) Administration

The term "Administration" means the National Oceanic and Atmospheric Administration.

(8) Under Secretary

The term "Under Secretary" means the Under Secretary of Commerce for Oceans and Atmosphere.

(Pub. L. 107–372, title II, §212, Dec. 19, 2002, 116 Stat. 3082; Pub. L. 116–259, title III, §305(c), Dec. 23, 2020, 134 Stat. 1173; Pub. L. 117–263, div. K, title CXVII, §11701, Dec. 23, 2022, 136 Stat. 4156.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this title", meaning title II of Pub. L. 107–372, Dec. 19, 2002, 116 Stat. 3082, which is classified principally 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 contained in section 857–1 of this title prior to repeal by Pub. L. 107–372.

Amendments

2022—Subsec. (b)(8). Pub. L. 117–263 added par. (8).

2020—Subsec. (b)(4) to (7). Pub. L. 116–259 added par. (4) and redesignated former pars. (4) to (6) as (5) to (7), respectively.

§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.

(Pub. L. 107–372, title II, §213, Dec. 19, 2002, 116 Stat. 3083.)

§3004. Strength and distribution in grade

(a) Grades

The 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 distribution

The 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 general

Not 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 computation

The 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) Fractions

If 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 numbers

The 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 responsibility

Officers 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 pay

No 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.

(Pub. L. 107–372, title II, §214, Dec. 19, 2002, 116 Stat. 3083; Pub. L. 116–259, title I, §101, Dec. 23, 2020, 134 Stat. 1154.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 853a of this title prior to repeal by Pub. L. 107–372.

Amendments

2020—Pub. L. 116–259 amended section generally. Prior to amendment, section established strength and distribution of officers in grades.

§3005. Number of authorized commissioned officers

(a) In general

The 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 responsibility

Officers 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.

(Pub. L. 107–372, title II, §215, Dec. 19, 2002, 116 Stat. 3084; Pub. L. 110–386, §6, Oct. 10, 2008, 122 Stat. 4108; Pub. L. 116–259, title I, §102(a), Dec. 23, 2020, 134 Stat. 1155.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 853a 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 number of authorized commissioned officers effective Oct. 1, 2009.

2008—Pub. L. 110–386 amended section generally. Prior to amendment, section read as follows: "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

"(3) 299 officers for fiscal year 2005."

§3006. Obligated service requirement

(a) In general

(1) Regulations

The Secretary shall prescribe the obligated service requirements for appointments, training, promotions, separations, continuations, and retirements of officers not otherwise covered by law.

(2) Written agreements

The 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 general

The 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 States

An obligation to reimburse the Secretary under paragraph (1) is, for all purposes, a debt owed to the United States.

(3) Discharge in bankruptcy

A 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 compliance

The 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.

(Pub. L. 107–372, title II, §216, as added Pub. L. 116–259, title I, §103(a), Dec. 23, 2020, 134 Stat. 1155; Pub. L. 119–60, div. H, title LXXXIV, §8405, Dec. 18, 2025, 139 Stat. 1913.)

Editorial Notes

Amendments

2025—Subsec. (c)(2)(B). Pub. L. 119–60 substituted "willful misconduct" for "misconduct or grossly negligent conduct".

§3007. Training and physical fitness

(a) Training

The 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 fitness

The 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.

(Pub. L. 107–372, title II, §217, as added Pub. L. 116–259, title I, §104(a), Dec. 23, 2020, 134 Stat. 1156.)

§3008. Cooperative aviation centers

(a) Definitions

In this section:

(1) Administrator

The 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 Center

The term "Cooperative Aviation Center" means a Cooperative Aviation Center designated under subsection (b)(1).

(b) Cooperative Aviation Centers

(1) Designation required

The Administrator shall designate one or more Cooperative Aviation Centers for the commissioned officer corps of the Administration at institutions described in paragraph (3).

(2) Purpose

The purpose of Cooperative Aviation Centers is to facilitate the development and recruitment of aviators for the commissioned officer corps of the Administration.

(3) Institutions described

An 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) Assignment

The Administrator shall assign an officer or employee of the commissioned officer corps of the Administration to serve as the Cooperative Aviation Centers Advisor.

(2) Duties

The 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.

(Pub. L. 107–372, title II, §218, as added Pub. L. 116–259, title I, §105(a), Dec. 23, 2020, 134 Stat. 1157; amended Pub. L. 119–60, div. H, title LXXXIV, §8403(a), Dec. 18, 2025, 139 Stat. 1910.)

Editorial Notes

Amendments

2025—Pub. L. 119–60, §8403(a)(1), substituted "Cooperative aviation centers" for "Aviation accession training programs" in section catchline.

Subsec. (a)(2), (3). Pub. L. 119–60, §8403(a)(2), added par. (2) and struck out former pars. (2) and (3), which defined, respectively, "member of the program" and "program".

Subsec. (b). Pub. L. 119–60, §8403(a)(3)(A), substituted "Cooperative aviation centers" for "Aviation accession training programs" in heading.

Subsec. (b)(1) to (3). Pub. L. 119–60, §8403(a)(3)(B)–(D), added pars. (1) and (2), struck out former par. (1), which authorized aviation accession training programs, redesignated par. (2) as (3), and struck out former par. (3), which placed limitations on particular institutions.

Subsec. (b)(3)(A). Pub. L. 119–60, §8403(a)(3)(E)(ii), substituted "applies" for "that requests".

Subsec. (b)(3)(B). Pub. L. 119–60, §8403(a)(3)(E)(iii), substituted "has" for "that has" and "; and" for semicolon.

Subsec. (b)(3)(C). Pub. L. 119–60, §8403(a)(3)(E)(iv), substituted "is located" for "that is located" and struck out "that—" after "geographic area" in introductory provisions; in cl. (i), struck out cl. (i) designation and substituted "that experiences" for "experiences" and a period for "; and"; and struck out cl. (ii), which read as follows: "has a climate that can accommodate both primary and advanced flight training activity at least 75 percent of the year; and".

Subsec. (b)(3)(D). Pub. L. 119–60, §8403(a)(3)(E)(v), struck out subpar. (D) which read as follows: "at which the Administrator determines that—

"(i) there will be at least one student enrolled in the program; and

"(ii) the provisions of this section are otherwise satisfied."

Subsecs. (c) to (e). Pub. L. 119–60, §8403(a)(4), added subsec. (c) and struck out former subsecs. (c) to (e), which related, respectively, to program membership, financial assistance for qualified members, and repayment of unearned portion of financial assistance when conditions of payment are not met.

§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.

(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 Administration.

(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.)