---
kind: "section"
citation: "33 U.S.C. § 3079a"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "3079a"
heading: "Treatment of commission in commissioned officer corps as employment in Administration for purposes of certain hiring decisions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/3079a"
units:
  - "Chapter 43 — National Oceanic and Atmospheric Administration Commissioned Officer Corps"
  - "Subchapter V — Rights and Benefits"
---

# §3079a. Treatment of commission in commissioned officer corps as employment in Administration for purposes of certain hiring decisions

- (a) **In general—** In any case in which the [Secretary](/usc/33/3002.md?p=b-6) accepts an application for a position of employment with the [Administration](/usc/33/3002.md?p=b-7) and limits consideration of applications for such position to applications submitted by individuals serving in a career or career-conditional position in the competitive service within the [Administration](/usc/33/3002.md?p=b-7), the [Secretary](/usc/33/3002.md?p=b-6) shall deem an [officer](/usc/33/3002.md?p=b-3) who has served as an [officer](/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) for at least three years to be serving in a career or career-conditional position in the competitive service within the [Administration](/usc/33/3002.md?p=b-7) for purposes of such limitation.
- (b) **Career appointments—** If the [Secretary](/usc/33/3002.md?p=b-6) selects an application submitted by an [officer](/usc/33/3002.md?p=b-3) described in [subsection (a)](#a) for a position described in such subsection, the [Secretary](/usc/33/3002.md?p=b-6) shall give such [officer](/usc/33/3002.md?p=b-3) a career or career-conditional appointment in the competitive service, as appropriate.
- (c) **Competitive service defined—** In this section, the term “competitive service” has the meaning given the term in [section 2102 of title 5](/usc/5/2102.md).

## Source credit

(Pub. L. 107–372, title II, § 269A, as added Pub. L. 116–259, title II, § 209(a), Dec. 23, 2020, 134 Stat. 1168.)