Title 33 — Navigation and Navigable WatersRelease 119-83

§3079c Eligibility of Former Officers to Compete for Certain Positions

Title 33 › Chapter 43— NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS › Subchapter V— RIGHTS AND BENEFITS › § 3079c

Last updated Apr 18, 2026|Official source

Summary

Allows people who left the commissioned officer corps honorably after at least 3 years of active service to apply for open federal jobs when an agency is accepting outside applicants under merit promotion rules. If one of these people is chosen, they must get a career or career-conditional appointment, as fits the job. Job notices must say these former officers can apply and must be advertised the same way required by law (see 5 U.S.C. 3327). The Office of Personnel Management must write rules to run this. The Administrator must report to specific Senate and House committees within 3 years after December 18, 2025, showing how the authority was used, who was hired, and the effect on employment. The authority ends 5 years after December 18, 2025.

Full Legal Text

Title 33, §3079c

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)An individual who was separated from the commissioned officer corps of the Administration under honorable conditions after not fewer than 3 years of active service may not be denied the opportunity to compete for a vacant position with respect to which the agency in which the position is located will accept applications from individuals outside the workforce of that agency under merit promotion procedures.

(b)If selected for a position pursuant to subsection (a), an individual described in that subsection shall receive a career or career-conditional appointment, as appropriate.

(c)The area of consideration for a merit promotion announcement with respect to a position that includes consideration of individuals within the Federal service for that position shall—

(1)indicate that individuals described in subsection (a) are eligible to apply for the position; and

(2)be publicized in accordance with section 3327 of title 5.

(d)Nothing in this section may be construed to confer an entitlement to veterans’ preference that is not otherwise required by any statute or regulation relating to veterans’ preference.

(e)The Director of the Office of Personnel Management shall prescribe regulations necessary for the administration of this section.

(f)Not later than 3 years after December 18, 2025, the Administrator shall submit to the Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and the Committee on Natural Resources, the Committee on Science, Space, and Technology, and the Committee on Oversight and Government Reform of the House of Representatives a report which includes the following:

(1)A description of how the Administrator has utilized the authority granted under this section, including the number and locations of individuals hired utilizing the authority granted under this section.

(2)An overview of the impact to Federal employment for former members of the commissioned officer corps of the Administration as a result of the authority granted under this section.

(g)This section shall be repealed on the date that is 5 years after December 18, 2025.

Reference

Citations & Metadata

Citation

33 U.S.C. § 3079c

Title 33 — Navigation and Navigable Waters

Last Updated

Apr 18, 2026

Release point: 119-83