republic-os/legal/us/code/title-33/chapter-43/section-3028.md

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LegalText	33 U.S.C. § 3028	Positions of importance and responsibility	us	united_states_code	code_section	33	NAVIGATION AND NAVIGABLE WATERS	43	NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS	3028	33 U.S.C. § 3028	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip	/us/usc/t33/s3028	data/legal/raw/us/code/title-33/usc33.xml	79360adaf3bb824f8551d9e1e29ba431c1b2a2fa67f6044cfc9757ca05bce8cd	de3d130b31eae77f8c0fc593f61b7287899297718d678d500eea123559828523	a8c07d804574e6882de03ae83891bdb05b6d6e9d28c604d62a99e98b9c9edbb3	2026-07-04	official	legal us-code

33 U.S.C. § 3028 - Positions of importance and responsibility

Text

(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.)

Notes

Editorial Notes

Prior ProvisionsProvisions similar to those in this section were contained in section 853u of this title prior to repeal by Pub. L. 107–372.

Amendments2025—Subsec. (c). Pub. L. 119–60 substituted “Commissioned Officer Corps and Assistant Administrator for” for “Corps and Office of” in heading, “who has served, on the date of such appointment, in the grade of captain or above for not less than one year” for “serving in or above the grade of rear admiral (lower half)” in second sentence, and “Assistant Administrator of the National Oceanic and Atmospheric Administration for” for “Director of the Office of” in fourth sentence. 2020—Subsec. (c). Pub. L. 116–259, § 303(1), substituted “The President shall designate one position” for “The Secretary shall designate one position under this section” in first sentence, and “The President shall fill that position by appointing, by and with the advice and consent of the Senate,” for “That position shall be filled by” in second sentence. Subsec. (d)(2). Pub. L. 116–259, § 303(2), inserted “or immediately beginning a period of terminal leave” after “for which a higher grade is designated”. Subsec. (e). Pub. L. 116–259, § 303(3), amended subsec. (e) generally. Prior to amendment, text read as follows: “(1) Overall limit.—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 four. “(2) Limit by grade.—The number of officers serving on active duty under appointments under this section may not exceed— “(A) one in the grade of vice admiral; “(B) two in the grade of rear admiral; and “(C) two in the grade of rear admiral (lower half).” Subsec. (f). Pub. L. 116–259, § 303(4), inserted “or in a period of annual leave used at the end of the appointment” after “serving in that grade”. 2012—Subsec. (d)(1). Pub. L. 112–166 struck out “, by and with the advice and consent of the Senate” before period at end.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.

Appointment of Commissioned OfficersPub. L. 98–498, title III, § 320(c)(2), Oct. 19, 1984, 98 Stat. 2309, provided that: “After the date of the enactment of this Act [Oct. 19, 1984], no appointment of a commissioned officer may be made under section 2(d) or 2(f) of Reorganization Plan Numbered 4 of 1970 (84 Stat. 2090, 5 U.S.C. App.).”