---
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"
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](/usc/33/1122.md?p=2) 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](/usc/33/3301.md?p=3) on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and the [Committee](/usc/33/3301.md?p=3) on Natural Resources, the [Committee](/usc/33/3301.md?p=3) on Science, Space, and Technology, and the [Committee](/usc/33/3301.md?p=3) 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.)