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Title 33 — Navigation and Navigable Waters

Chapter 43 — National Oceanic and Atmospheric Administration Commissioned Officer Corps

§ 3023. Separation of ensigns found not fully qualified

Statutory text

If an officer in the grade of ensign is at any time found not fully qualified, the officer shall be separated from the commissioned service.

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. Pub. L. 107–372 title II § 223 · 116 Stat. 3078

    Enacted · 33 U.S.C. § 3023

    Pub. L. 107–372, title II, § 223, Dec. 19, 2002, 116 Stat. 3085

    Source evidence

    Code source credit
    Pub. L. 107–372, title II, § 223, Dec. 19, 2002, 116 Stat. 3085

    Enacted provision · exact public law section
    SEC. 223. 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.

  2. Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 div. K title CXVII § 11703(a) · 136 Stat. 2395

    Amended · 33 U.S.C. § 3023

    Pub. L. 117–263 amended section generally. Prior to amendment, section consisted of subsecs. (a) and (b) relating, respectively, to promotion of ensigns to grade of lieutenant (junior grade) and separation of ensigns found not fully qualified

    Source evidence

    Code amendment note
    Pub. L. 117–263 amended section generally. Prior to amendment, section consisted of subsecs. (a) and (b) relating, respectively, to promotion of ensigns to grade of lieutenant (junior grade) and separation of ensigns found not fully qualified.

    Enacted provision · exact public law section
    (a) In General.— Section 223 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3023) is amended to read as follows: “SEC. 223. 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.” .

  3. Pub. L. 119–60 div. H title LXXXIV § 8407 · 139 Stat. 1913

    Struck · 33 U.S.C. § 3023

    Pub. L. 119–60 struck out “permanent” before “grade of ensign” and “the officer’s commission shall be revoked and” before “the officer shall be separated”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Pub. L. 119–60 struck out “permanent” before “grade of ensign” and “the officer’s commission shall be revoked and” before “the officer shall be separated”.

2 of 3 references resolved to an enrolled provision · 1 unresolved

Editorial Notes

Prior Provisions

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

Amendments2022–2025 · 2 rounds

2025

Pub. L. 119–60 struck out “permanent” before “grade of ensign” and “the officer’s commission shall be revoked and” before “the officer shall be separated”.

2022

Pub. L. 117–263 amended section generally. Prior to amendment, section consisted of subsecs. (a) and (b) relating, respectively, to promotion of ensigns to grade of lieutenant (junior grade) and separation of ensigns found not fully qualified.

Executive Documents

Delegation of Functions

As amended by Pub. L. 117–263, text of section is identical to that of former subsec. (b) of this section. For delegation of functions of President under former subsec. (b) of this section to Secretary of Commerce, see section 1(a) of Ex. Ord. No. 11023, , 27 F.R. 5131, as amended, set out as a note under section 301 of Title 3, The President.

Credits

2002–2025 · 3 acts
  1. 2002Pub. L. 107–372, title II, § 223, , 116 Stat. 3085
  2. 2022Pub. L. 117–263, div. K, title CXVII, § 11703(a), , 136 Stat. 4156
  3. 2025Pub. L. 119–60, div. H, title LXXXIV, § 8407, , 139 Stat. 1913.
Show as published

(Pub. L. 107–372, title II, § 223, , 116 Stat. 3085; Pub. L. 117–263, div. K, title CXVII, § 11703(a), , 136 Stat. 4156; Pub. L. 119–60, div. H, title LXXXIV, § 8407, , 139 Stat. 1913.)

Parsed from the official OLRC USLM XML in data/usc_all/usc33.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t33/s3023