---
kind: "section"
citation: "33 U.S.C. § 3022"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "3022"
heading: "Personnel boards"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/3022"
units:
  - "Chapter 43 — National Oceanic and Atmospheric Administration Commissioned Officer Corps"
  - "Subchapter II — Appointment and Promotion of Officers"
---

# §3022. Personnel boards

- (a) **Convening—** Not less frequently than once each year and at such other times as the [Secretary](/usc/33/3002.md?p=b-6) determines necessary, the [Secretary](/usc/33/3002.md?p=b-6) shall convene a personnel board.
- (b) **Membership—**
  - (1) **In general—** A board convened under [subsection (a)](#a) shall consist of five or more [officers](/usc/33/3002.md?p=b-3) who are serving in or above the permanent [grade](/usc/33/3002.md?p=b-2) of the [officers](/usc/33/3002.md?p=b-3) under consideration by the board.
  - (2) **Retired officers—** [Officers](/usc/33/3002.md?p=b-3) on the retired list may be recalled to serve on such personnel boards as the [Secretary](/usc/33/3002.md?p=b-6) considers necessary.
  - (3) **No membership on two successive boards—** No [officer](/usc/33/3002.md?p=b-3) may be a member of two successive personnel boards convened to consider [officers](/usc/33/3002.md?p=b-3) of the same [grade](/usc/33/3002.md?p=b-2) for promotion or separation.
- (c) **Duties—** Each personnel board shall—
  - (1) recommend to the [Secretary](/usc/33/3002.md?p=b-6) such changes as may be necessary to correct any erroneous position on the lineal list that was caused by administrative error; and
  - (2) make selections and recommendations to the [Secretary](/usc/33/3002.md?p=b-6) and the President for the appointment, promotion, involuntary separation, continuation, and involuntary retirement of [officers](/usc/33/3002.md?p=b-3) in the commissioned [officer](/usc/33/3002.md?p=b-3) corps of the [Administration](/usc/33/3002.md?p=b-7) as prescribed in this chapter.
- (d) **Action on recommendations not acceptable—** If any recommendation by a board convened under [subsection (a)](#a) is not accepted by the [Secretary](/usc/33/3002.md?p=b-6) or the President, the board shall make such further recommendations as the [Secretary](/usc/33/3002.md?p=b-6) or the President considers appropriate.
- (e) **Authority for officers to opt out of promotion consideration—**
  - (1) **In general—** The Director of the National Oceanic and Atmospheric [Administration](/usc/33/3002.md?p=b-7) Commissioned [Officer](/usc/33/3002.md?p=b-3) Corps may provide that an [officer](/usc/33/3002.md?p=b-3), upon the [officer](/usc/33/3002.md?p=b-3)’s request and with the approval of the Director, be excluded from consideration for promotion by a personnel board convened under this section.
  - (2) **Approval—** The Director shall approve a request made by an [officer](/usc/33/3002.md?p=b-3) under [paragraph (1)](#e-1) only if—
    - (A) the basis for the request is to allow the [officer](/usc/33/3002.md?p=b-3) to complete a broadening assignment, advanced education, another assignment of significant value to the [Administration](/usc/33/3002.md?p=b-7), a career progression requirement delayed by the assignment or education, or a qualifying personal or professional circumstance, as determined by the Director;
    - (B) the Director determines the exclusion from consideration is in the best interest of the [Administration](/usc/33/3002.md?p=b-7); and
    - (C) the [officer](/usc/33/3002.md?p=b-3) has not previously failed selection for promotion to the [grade](/usc/33/3002.md?p=b-2) for which the [officer](/usc/33/3002.md?p=b-3) requests the exclusion from consideration.

## Source credit

(Pub. L. 107–372, title II, § 222, Dec. 19, 2002, 116 Stat. 3085; Pub. L. 116–259, title III, § 302, Dec. 23, 2020, 134 Stat. 1171.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsec. (c)(2), was in the original “this title”, meaning title II of Pub. L. 107–372, Dec. 19, 2002, 116 Stat. 3082, which is classified principally to this chapter. For complete classification of this title to the Code, see Short Title note set out under section 3001 of this title and Tables.

### Prior Provisions

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

### Amendments

2020—Pub. L. 116–259 amended section generally. Prior to amendment, section related to convening, duties and recommendations of personnel boards.