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33 U.S.C. § 3028 — Positions of importance and responsibility
Federal law — U.S. Code and appendices · legal_authorities
**(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,
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Stable record: federal_law:legal_authorities:record_usc_4e5600a3d492193f014064d4
Source file: Laws/federal/codes/united-states-code/title-33/section-3028-positions-of-importance-and-responsibility--286455c967.md
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Source location: Title 33, Chapter 43, § 3028; chapter-043-national-oceanic-and-atmospheric-administration-commissioned-officer-corps.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any other provision of this chapter, any report, notification, or consultation addressing directly or indirectly the use of appropriated funds and stipulated by this chapter to be submitted to, or held with, the Congress or any Congressional committee shall also be submitted to, or held with, the Committees on Appropriations of the Senate and the House of Representatives under the same conditions and with the same restrictions as stipulated by this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 113
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The total number of authorized commissioned officers on the lineal list of the commissioned officer corps of the Administration shall not exceed 500.
**(b) Positions of importance and responsibility** Officers serving in positions designated under [section 3028 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3028&num=0&edition=prelim) and officers recalled from retired status or detailed to an agency other than the Administration—
(1) may not be counted in determining the total number of authorized officers on the lineal list under this section; and
(2) may not count against such number.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3005
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Original appointments**
(1) **Grades**
(A) *In general* — Except as provided in subparagraph (B), an original appointment of an officer may be made in such grades as may be appropriate for—
(i) the qualification, experience, and length of service of the appointee; and
(ii) the commissioned officer corps of the Administration.
(B) *Appointment of officer candidates*
(i) *Limitation on grade* — An original appointment of an officer candidate, upon graduation from the basic officer training program of the commissioned officer corps of the Administration, may not be made in any other grade than ensign.
(ii) *Rank* — Officer candidates receiving appointments as ensigns upon graduation from the basic officer training program shall take rank according to their proficiency as shown by the order of their merit at date of graduation.
(2) **Source of appointments** — An original appointment may be made from among the following:
(A) Graduates of the basic officer training program of the commissioned officer corps of the Administration.
(B) Subject to the approval of the Secretary of Defense, graduates of the military service academies of the United States who otherwise meet the academic standards for enrollment in the training program described in subparagraph (A).
(C) Graduates of the State maritime academies who—
(i) otherwise meet the academic standards for enrollment in the training program described in subparagraph (A);
(ii) completed at least three years of regimented training while at a State maritime academy; and
(iii) obtained an unlimited tonnage or unlimited horsepower Merchant Mariner Credential from the United States Coast Guard.
(D) Licensed officers of the United States merchant marine who have served two o
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3021
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 853t, act June 3, 1948, ch. 390, § 23, as added Pub. L. 87–233, § 1(h), Sept. 14, 1961, 75 Stat. 506, related to original appointments. See [section 3021 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3021&num=0&edition=prelim).
Section 853u, act June 3, 1948, ch. 390, § 24, as added Pub. L. 98–498, title III, § 320(c)(1), Oct. 19, 1984, 98 Stat. 2308; amended Pub. L. 99–145, title V, § 514(a)(3), Nov. 8, 1985, 99 Stat. 628; Pub. L. 105–384, title III, § 307(b), Nov. 13, 1998, 112 Stat. 3458, related to designation of positions of importance and responsibility. See [section 3028 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3028&num=0&edition=prelim).
Section 853v, act June 3, 1948, ch. 390, § 25, as added Pub. L. 106–65, div. A, title VI, § 652(c), Oct. 5, 1999, 113 Stat. 665, related to presentation of flag upon retirement. See [section 3076 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3076&num=0&edition=prelim).
Section 854, acts May 22, 1917, ch. 20, § 16, 40 Stat. 88; June 21, 1955, ch. 172, § 2(a), 69 Stat. 169, required mental and physical examination prior to appointment or promotion. See [section 3027 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3027&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 853t to 854
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Federal law — U.S. Code and appendices · legal_authorities
Page 934
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 3028
(Pub. L. 107–372, title II, § 227, Dec. 19, 2002, 116
Stat. 3085.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in section 854 of this title prior to repeal by Pub.
L. 107–372.
§ 3028. Positions of importance and responsibility
(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 admi-
ral, 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 President shall designate one position as
responsible for oversight of the vessel and air-
craft 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 serving in or above the grade of
rear admiral (lower half). For the specific pur-
pose of administering the commissioned officer
corps, that position shall carry the title of Di-
rector 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 Ma-
rine and Aviation Operations.
(d) Grade
(1) Temporary appointment to grade des-
ignated for position
An officer assigned to a position under this
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 3028
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