33 USC § 3023 - Separation of ensigns found not fully qualified

---
identifier: "/us/usc/t33/s3023"
source: "usc"
legal_status: "official_prima_facie"
title: "33 USC § 3023 - Separation of ensigns found not fully qualified"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
section_number: "3023"
section_name: "Separation of ensigns found not fully qualified"
chapter_number: 43
chapter_name: "NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS"
subchapter_number: "II"
subchapter_name: "APPOINTMENT AND PROMOTION OF OFFICERS"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 107–372, title II, § 223, Dec. 19, 2002, 116 Stat. 3085; Pub. L. 117–263, div. K, title CXVII, § 11703(a), Dec. 23, 2022, 136 Stat. 4156; Pub. L. 119–60, div. H, title LXXXIV, § 8407, Dec. 18, 2025, 139 Stat. 1913.)"
---


# § 3023. Separation of ensigns found not fully qualified

If an officer in the grade of ensign is at any time found not fully qualified, the officer shall be separated from the commissioned service.

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**Source Credit**: (Pub. L. 107–372, title II, § 223, Dec. 19, 2002, 116 Stat. 3085; Pub. L. 117–263, div. K, title CXVII, § 11703(a), Dec. 23, 2022, 136 Stat. 4156; Pub. L. 119–60, div. H, title LXXXIV, § 8407, Dec. 18, 2025, 139 Stat. 1913.)

## Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in  prior to repeal by .

### Amendments

2025— struck out “permanent” before “grade of ensign” and “the officer’s commission shall be revoked and” before “the officer shall be separated”.

2022— amended section generally. Prior to amendment, section consisted of subsecs. (a) and (b) relating, respectively, to promotion of ensigns to grade of lieutenant (junior grade) and separation of ensigns found not fully qualified.

## Executive Documents

### Delegation of Functions

As amended by , text of section is identical to that of former subsec. (b) of this section. For delegation of functions of President under former subsec. (b) of this section to Secretary of Commerce, see section 1(a) of Ex. Ord. No. 11023, , 27 F.R. 5131, as amended, set out as a note under , The President.