Title 33, Navigation and Navigable WatersRelease 119-110

§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 Sep 22, 2026|Official source

Summary

Former commissioned officers who left the corps under honorable conditions after at least 3 years of active service must be allowed to compete for open jobs when an agency is taking applications from people outside that agency under merit promotion rules. If one of these former officers is hired, they must get a career or career‑conditional appointment. Job announcements must say these people can apply and must be publicized under section 3327 of title 5. The rule does not create any extra veterans’ preference beyond existing laws. The Director of the Office of Personnel Management must write the needed rules. Not later than 3 years after December 18, 2025, the Administrator must report to the Senate Committees on Commerce, Science, and Transportation and on Homeland Security and Governmental Affairs, and to the House Committees on Natural Resources; Science, Space, and Technology; and Oversight and Government Reform. The report must describe how the authority was used, including how many and where hires were made, and the effect on federal employment for these former officers. This policy ends 5 years after December 18, 2025.

Full Legal Text

Title 33, §3079c

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)In general

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)Type of appointment

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)Announcements

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)Rule of construction

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)Regulations

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

(f)Reporting requirement

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)Sunset

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

Sep 22, 2026

Release point: 119-110