§ 3028. Positions of importance and responsibility
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/usc/title-33/section-3028A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Designation of positions The Secretary may designate positions in the Administration as being positions of importance and responsibility for which it is appropriate that officers of the Administration, if serving in those positions, serve in the grade of vice admiral, rear admiral, or rear admiral (lower half), as designated by the Secretary for each position.
(b)Assignment of officers to designated positions The Secretary may assign officers to positions designated under subsection (a).
(c)Director of NOAA Commissioned Officer Corps and Assistant Administrator for Marine and Aviation Operations The President shall designate one position as responsible for oversight of the vessel and aircraft fleets and for the administration of the commissioned officer corps. The President shall fill that position by appointing, by and with the advice and consent of the Senate, an officer on the lineal list who has served, on the date of such appointment, in the grade of captain or above for not less than one year. For the specific purpose of administering the commissioned officer corps, that position shall carry the title of Director of the National Oceanic and Atmospheric Administration Commissioned Officer Corps. For the specific purpose of administering the vessel and aircraft fleets, that position shall carry the title of Assistant Administrator of the National Oceanic and Atmospheric Administration for Marine and Aviation Operations.
(d)Grade
(1)Temporary appointment to grade designated for position An officer assigned to a position under this section while so serving has the grade designated for that position, if appointed to that grade by the President.
(2)Reversion to permanent grade An officer who has served in a grade above captain, upon termination of the officer’s assignment to the position for which that appointment was made, shall, unless appointed or assigned to another position for which a higher grade is designated or immediately beginning a period of terminal leave, revert to the grade and number the officer would have occupied but for serving in a grade above that of captain. In such a case, the officer shall be an extra number in that grade.
(e)Limit on number of officers appointed The total number of officers serving on active duty at any one time in the grade of rear admiral (lower half) or above may not exceed five, with only one serving in the grade of vice admiral.
(f)Pay and allowances An officer appointed to a grade under this section, while serving in that grade or in a period of annual leave used at the end of the appointment, shall have the pay and allowances of the grade to which appointed.
(g)Effect of appointment An appointment of an officer under this section—
(1)does not vacate the permanent grade held by the officer; and
(2)creates a vacancy on the active list.
(Pub. L. 107–372, title II, § 228, Dec. 19, 2002, 116 Stat. 3086; Pub. L. 112–166, § 2(gg)(2), Aug. 10, 2012, 126 Stat. 1290; Pub. L. 116–259, title III, § 303, Dec. 23, 2020, 134 Stat. 1171; Pub. L. 119–60, div. H, title LXXXIV, § 8401(a)(1), Dec. 18, 2025, 139 Stat. 1907.)
Connections27 cite this · traces to 2
Cited by 27 sections
U.S. Code
public-private-law
statute-compilations
statutes-at-large
- Public Law 107–372To reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes
- Public Law 112–166To reduce the number of executive positions subject to Senate confirmation
- Public Law 116–259To reauthorize and amend the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002, and for other purposes
bill
- Sec. 244Assistant Administrator of the Office of Marine and Aviation Operations
- Sec. 244Assistant Administrator of the Office of Marine and Aviation Operations
- Sec. 754Assistant Administrator of the Office of Marine and Aviation Operations
- Sec. 754Assistant Administrator of the Office of Marine and Aviation Operations
- Sec. 304Assistant Administrator of the Office of Marine and Aviation Operations
- Sec. 304Assistant Administrator of the Office of Marine and Aviation Operations
- Sec. 303Assistant Administrator of the Office of Marine and Aviation Operations
- Sec. 303Positions of importance and responsibility
- Sec. 303Positions of importance and responsibility
- Sec. 303Positions of importance and responsibility
- Sec. 233Positions of importance and responsibility
- Sec. 701Title and qualifications of head of National Oceanic and Atmospheric Administration Commissioned Officer Corps and Office of Marine and Aviation Operations; promotions of flag officers
- Sec. 8401Title and qualifications of head of National Oceanic and Atmospheric Administration Commissioned Officer Corps and Office of Marine and Aviation Operations; promotions of flag officers
- Sec. 8401Title and qualifications of head of National Oceanic and Atmospheric Administration Commissioned Officer Corps and Office of Marine and Aviation Operations; promotions of flag officers
- Sec. 5701Title and qualifications of head of National Oceanic and Atmospheric Administration Commissioned Officer Corps and Office of Marine and Aviation Operations; promotions of flag officers
- Sec. 701Title and qualifications of head of National Oceanic and Atmospheric Administration Commissioned Officer Corps and Office of Marine and Aviation Operations; promotions of flag officers
- Sec. 701Title and qualifications of head of National Oceanic and Atmospheric Administration Commissioned Officer Corps and Office of Marine and Aviation Operations; promotions of flag officers
Traces to 2 documents
15 references not yet in our index
- Pub. L. 107–372, title II, § 228
- 116 Stat. 3086
- Pub. L. 112–166, § 2(gg)(2)
- 126 Stat. 1290
- 134 Stat. 1171
- Pub. L. 119–60, div. H, title LXXXIV, § 8401(a)(1)
- 139 Stat. 1907
- section 853u of this title
- Pub. L. 107–372
- Pub. L. 119–60
- Pub. L. 112–166
- section 6(a) of Pub. L. 112–166
- Pub. L. 98–498, title III, § 320(c)(2)
- 98 Stat. 2309
- 84 Stat. 2090
Citation graph
cites case law
§ 3028
Positions of importance and responsibility
Bills×17
Stat. Comp.×3
Stat.×3
U.S.C.×3
Pub. L.×1
Pub. L.Pub. L. 107–372, title II, § 228
Stat.116 Stat. 3086
Pub. L.Pub. L. 112–166, § 2(gg)(2)
Stat.126 Stat. 1290
Stat.134 Stat. 1171
Cites 17 · showing 7Cited by 27 across 5 sources