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Title 33 — Navigation and Navigable Waters

Chapter 43 — National Oceanic and Atmospheric Administration Commissioned Officer Corps

§ 3028. Positions of importance and responsibility

Statutory 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 107–372 title II § 228 · 116 Stat. 3078

    Enacted · 33 U.S.C. § 3028

    Pub. L. 107–372, title II, § 228, Dec. 19, 2002, 116 Stat. 3086

    Source evidence

    Code source credit
    Pub. L. 107–372, title II, § 228, Dec. 19, 2002, 116 Stat. 3086

    Enacted provision · exact public law section
    SEC. 228. POSITIONS OF IMPORTANCE AND RESPONSIBILITY. (a) Designation of Positions.— 33 USC 3028. 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 Corps and Office of Marine and Aviation Operations.— The Secretary shall designate one position under this section as responsible for oversight of the vessel and aircraft fleets and for the administration of the commissioned officer corps. That position shall be filled by an officer on the lineal list serving in or above the grade of rear admiral (lower half). 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 Director of the Office of 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, by and with the advice and consent of the Senate. (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, 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) Number of Officers Appointed.— (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 admired (lower half). (f) Pay and Allowances.— An officer appointed to a grade under this section, while serving in that grade, 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.

  2. Presidential Appointment Efficiency and Streamlining Act of 2011

    Pub. L. 112–166 § 2(gg)(2) · 126 Stat. 1283

    Struck · 33 U.S.C. § 3028(d)(1)

    Pub. L. 112–166 struck out “, by and with the advice and consent of the Senate” before period at end

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 112–166 struck out “, by and with the advice and consent of the Senate” before period at end.

    Enacted provision · exact public law section
    (2) Positions of importance and responsibility.— Section 228(d)(1) of such Act (33 U.S.C. 3028(d)(1)) is amended by striking “, by and with the advice and consent of the Senate”.

    Effective date note
    Amendment 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.

  3. National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020

    Pub. L. 116–259 § 303(1) · 134 Stat. 1153

    1. Substituted · 33 U.S.C. § 3028(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 second sentence

    2. Substituted · 33 U.S.C. § 3028(c)

      Pub. L. 116–259, § 303(1), substituted “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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) in subsection (c)— (A) in the first sentence, by striking “The Secretary shall designate one position under this section” and inserting “The President shall designate one position”; and (B) in the second sentence, by striking “That position shall be filled by” and inserting “The President shall fill that position by appointing, by and with the advice and consent of the Senate,”;

  4. National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020

    Pub. L. 116–259 § 303(2) · 134 Stat. 1153

    Inserted · 33 U.S.C. § 3028(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (2) in subsection (d)(2), by inserting “or immediately beginning a period of terminal leave” after “for which a higher grade is designated”;

  5. National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020

    Pub. L. 116–259 § 303(3) · 134 Stat. 1153

    Amended · 33 U.S.C. § 3028(e)

    Pub. L. 116–259, § 303(3), amended subsec. (e) generally. Prior to amendment, text read as follows:

    Source evidence

    Code amendment note
    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).”

    Enacted provision · exact public law section
    (3) by amending subsection (e) to read as follows: “(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.” ; and

  6. National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020

    Pub. L. 116–259 § 303(4) · 134 Stat. 1153

    Inserted · 33 U.S.C. § 3028(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (4) in subsection (f), by inserting “or in a period of annual leave used at the end of the appointment” after “serving in that grade”.

  7. Pub. L. 119–60 div. H title LXXXIV § 8401(a)(1) · 139 Stat. 1907

    1. Substituted · 33 U.S.C. § 3028(c)

      Pub. L. 119–60 substituted “Commissioned Officer Corps and Assistant Administrator for” for “Corps and Office of” in fourth sentence

    2. Substituted · 33 U.S.C. § 3028(c)

      Pub. L. 119–60 substituted “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 fourth sentence

    3. Substituted · 33 U.S.C. § 3028(c)

      Pub. L. 119–60 substituted “Assistant Administrator of the National Oceanic and Atmospheric Administration for” for “Director of the Office of” in fourth sentence

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    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.

7 of 10 references resolved to an enrolled provision · 3 unresolved

Editorial Notes

Prior Provisions

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

Amendments2012–2025 · 3 rounds

2025

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 Amendment

Amendment by Pub. L. 112–166 effective 60 days after , 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 Officers

Pub. L. 98–498, title III, § 320(c)(2), , 98 Stat. 2309, provided that: “After the date of the enactment of this Act [], 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.).”

Credits

2002–2025 · 4 acts
  1. 2002Pub. L. 107–372, title II, § 228, , 116 Stat. 3086
  2. 2012Pub. L. 112–166, § 2(gg)(2), , 126 Stat. 1290
  3. 2020Pub. L. 116–259, title III, § 303, , 134 Stat. 1171
  4. 2025Pub. L. 119–60, div. H, title LXXXIV, § 8401(a)(1), , 139 Stat. 1907.
Show as published

(Pub. L. 107–372, title II, § 228, , 116 Stat. 3086; Pub. L. 112–166, § 2(gg)(2), , 126 Stat. 1290; Pub. L. 116–259, title III, § 303, , 134 Stat. 1171; Pub. L. 119–60, div. H, title LXXXIV, § 8401(a)(1), , 139 Stat. 1907.)

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