---
kind: "section"
citation: "33 U.S.C. § 3079c"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "3079c"
heading: "Eligibility of former officers to compete for certain positions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/3079c"
units:
  - "Chapter 43 — National Oceanic and Atmospheric Administration Commissioned Officer Corps"
  - "Subchapter V — Rights and Benefits"
---

# §3079c. Eligibility of former officers to compete for certain positions

- (a) **In general—** An individual who was separated from the commissioned [officer](/usc/33/3002.md?p=b-3) corps of the [Administration](/usc/33/3002.md?p=b-7) 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)](#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)](#a) are eligible to apply for the position; and
  - (2) be publicized in accordance with [section 3327 of title 5](/usc/5/3327.md).
- (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](/usc/33/3002.md?p=b-7) 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](/usc/33/3002.md?p=b-3) corps of the [Administration](/usc/33/3002.md?p=b-7) 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.

## Source credit

(Pub. L. 107–372, title II, § 269C, as added Pub. L. 119–60, div. H, title LXXXIV, § 8404(a), Dec. 18, 2025, 139 Stat. 1912.)