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.
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. 3085Enacted 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.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.” .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.