§ 3022. Personnel boards

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2002

   Pub. L. 107–372 title II § 222 · 116 Stat. 3078

   Enacted · 33 U.S.C. § 3022

   Pub. L. 107–372, title II, § 222, Dec. 19, 2002, 116 Stat. 3085

   Source evidence

   Code source credit
   Pub. L. 107–372, title II, § 222, Dec. 19, 2002, 116 Stat. 3085

   Enacted provision · exact public law section
   SEC. 222. 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 fist 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.

2. 2020

   National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020

   Pub. L. 116–259 title III § 302 · 134 Stat. 1153

   Amended · 33 U.S.C. § 3022

   Pub. L. 116–259 amended section generally. Prior to amendment, section related to convening, duties and recommendations of personnel boards

   Source evidence

   Code amendment note
   Pub. L. 116–259 amended section generally. Prior to amendment, section related to convening, duties and recommendations of personnel boards.

   Enacted provision · exact public law section
   SEC. 302. PERSONNEL BOARDS.   Section 222 (33 U.S.C. 3022) is amended to read as follows: “SEC. 222. 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 personnel 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 Secretary considers necessary. “(3) No membership on two successive boards.— No officer may be a member of two successive personnel boards convened to consider officers of the same grade for promotion or separation. “(c) Duties.— Each personnel board shall— “(1) recommend to the Secretary such changes as may be necessary to correct any erroneous 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 appointment, promotion, involuntary separation, continuation, and involuntary retirement of officers in the commissioned officer corps of the Administration as prescribed in this title. “(d) Action on Recommendations Not Acceptable.— If 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 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 approval of the Director, be excluded from consideration 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 the assignment or education, or a qualifying personal or professional circumstance, as determined by the Director; “(B) the Director determines the exclusion from consideration is in the best interest of the Administration; and “(C) the officer has not previously failed selection for promotion to the grade for which the officer requests the exclusion from consideration.” .

2 of 2 references resolved to an enrolled provision