---
kind: "section"
citation: "33 U.S.C. § 3021"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "3021"
heading: "Original appointments and reappointments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/3021"
units:
  - "Chapter 43 — National Oceanic and Atmospheric Administration Commissioned Officer Corps"
  - "Subchapter II — Appointment and Promotion of Officers"
---

# §3021. Original appointments and reappointments

- (a) **Original appointments—**
  - (1) **Grades—**
    - (A) **In general—** Except as provided in [subparagraph (B)](#a-1-B), an original appointment of an [officer](/usc/33/3002.md?p=b-3) may be made in such [grades](/usc/33/3002.md?p=b-2) as may be appropriate for—
      - (i) the qualification, experience, and length of service of the appointee; and
      - (ii) the commissioned [officer](/usc/33/3002.md?p=b-3) corps of the [Administration](/usc/33/3002.md?p=b-7).
    - (B) **Appointment of officer candidates—**
      - (i) **Limitation on grade—** An original appointment of an [officer candidate](/usc/33/3002.md?p=b-4), upon graduation from the basic [officer](/usc/33/3002.md?p=b-3) training program of the commissioned [officer](/usc/33/3002.md?p=b-3) corps of the [Administration](/usc/33/3002.md?p=b-7), may not be made in any other [grade](/usc/33/3002.md?p=b-2) than ensign.
      - (ii) **Rank—** [Officer candidates](/usc/33/3002.md?p=b-4) receiving appointments as ensigns upon graduation from the basic [officer](/usc/33/3002.md?p=b-3) training program shall take rank according to their proficiency as shown by the order of their merit at date of graduation.
  - (2) **Source of appointments—** An original appointment may be made from among the following:
    - (A) Graduates of the basic [officer](/usc/33/3002.md?p=b-3) training program of the commissioned [officer](/usc/33/3002.md?p=b-3) corps of the [Administration](/usc/33/3002.md?p=b-7).
    - (B) Subject to the approval of the [Secretary](/usc/33/3002.md?p=b-6) of Defense, graduates of the military service academies of the United States who otherwise meet the academic standards for enrollment in the training program described in [subparagraph (A)](#a-2-A).
    - (C) Graduates of the State maritime academies who—
      - (i) otherwise meet the academic standards for enrollment in the training program described in [subparagraph (A)](#a-2-A);
      - (ii) completed at least three years of regimented training while at a State maritime academy; and
      - (iii) obtained an unlimited tonnage or unlimited horsepower Merchant Mariner Credential from the United States Coast Guard.
    - (D) Licensed [officers](/usc/33/3002.md?p=b-3) of the United States merchant marine who have served two or more years aboard a vessel of the United States in the capacity of a licensed [officer](/usc/33/3002.md?p=b-3), who otherwise meet the academic standards for enrollment in the training program described in [subparagraph (A)](#a-2-A).
  - (3) **Definitions—** In this subsection:
    - (A) **Military service academies of the United States—** The term “military service academies of the United States” means the following:
      - (i) The United States Military Academy, West Point, New York.
      - (ii) The United States Naval Academy, Annapolis, Maryland.
      - (iii) The United States Air Force Academy, Colorado Springs, Colorado.
      - (iv) The United States Coast Guard Academy, New London, Connecticut.
      - (v) The United States Merchant Marine Academy, Kings Point, New York.
    - (B) **State maritime academy—** The term “State maritime academy” has the meaning given the term in [section 51102 of title 46](/usc/46/51102.md).
- (b) **Reappointment—**
  - (1) **In general—** Except as provided in [paragraph (2)](#b-2), an individual who previously served in the commissioned [officer](/usc/33/3002.md?p=b-3) corps of the [Administration](/usc/33/3002.md?p=b-7) may be appointed by the [Secretary](/usc/33/3002.md?p=b-6) to the [grade](/usc/33/3002.md?p=b-2) the individual held prior to separation.
  - (2) **Reappointments to higher grades—** An appointment under [paragraph (1)](#b-1) to a position of importance and responsibility designated under [section 3028 of this title](/usc/33/3028.md) may only be made by the President.
- (c) **Qualifications—** An appointment under subsection [(a)](#a) or [(b)](#b) may—
  - (1) be given only to an individual who is a citizen of the United States; and
  - (2) not be given.[^1] to an individual until the individual’s mental, moral, physical, and professional fitness to perform the duties of an [officer](/usc/33/3002.md?p=b-3) has been established under such regulations as the [Secretary](/usc/33/3002.md?p=b-6) shall prescribe.
- (d) **Order of precedence—** Appointees under this section shall take precedence in the [grade](/usc/33/3002.md?p=b-2) to which appointed in accordance with the dates of their commissions as commissioned [officers](/usc/33/3002.md?p=b-3) in such [grade](/usc/33/3002.md?p=b-2). The order of precedence of appointees whose dates of commission are the same shall be determined by the [Secretary](/usc/33/3002.md?p=b-6).
- (e) **Inter-service transfers—** For inter-service transfers (as described in Department of Defense Directive 1300.4 (dated December 27, 2006)) the [Secretary](/usc/33/3002.md?p=b-6) shall—
  - (1) coordinate with the [Secretary](/usc/33/3002.md?p=b-6) of Defense and the [Secretary](/usc/33/3002.md?p=b-6) of the Department in which the Coast Guard is operating to promote and streamline inter-service transfers;
  - (2) give preference to such inter-service transfers for recruitment purposes as determined appropriate by the [Secretary](/usc/33/3002.md?p=b-6); and
  - (3) reappoint such inter-service transfers to the equivalent [grade](/usc/33/3002.md?p=b-2) in the commissioned [officer](/usc/33/3002.md?p=b-3) corps of the [Administration](/usc/33/3002.md?p=b-7).

## Footnotes

[^1]: So in original. The period probably should not appear.

## Source credit

(Pub. L. 107–372, title II, § 221, Dec. 19, 2002, 116 Stat. 3084; Pub. L. 116–259, title III, § 301(a), Dec. 23, 2020, 134 Stat. 1169; Pub. L. 117–263, div. K, title CXVII, § 11702, Dec. 23, 2022, 136 Stat. 4156.)

## Notes

### Editorial Notes

### Prior Provisions

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

### Amendments

2022—Subsec. (c). Pub. L. 117–263 substituted “may—

“(1) be given only to an individual who is a citizen of the United States; and

“(2) not be given.”

for “may not be given”.

2020—Pub. L. 116–259 substituted “Original appointments and reappointments” for “Original appointments” in section catchline and amended text generally. Prior to amendment, text related to original appointments in the grades of ensign, lieutenant (junior grade), and lieutenant.