33 U.S.C. § 3023
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.
(Pub. L. 107–372, title II, § 223, , 116 Stat. 3085; Pub. L. 117–263, div. K, title CXVII, § 11703(a), , 136 Stat. 4156; Pub. L. 119–60, div. H, title LXXXIV, § 8407, , 139 Stat. 1913.)
Provisions similar to those in this section were contained in section 853e of this title prior to repeal by Pub. L. 107–372.
2025—Pub. L. 119–60 struck out “permanent” before “grade of ensign” and “the officer’s commission shall be revoked and” before “the officer shall be separated”.
2022—Pub. L. 117–263 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.
As amended by Pub. L. 117–263, 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 section 301 of Title 3, The President.