§853u. Positions of importance and responsibility

(a) Designation; grades; appointment

The Secretary may designate positions in the Administration as being positions of importance and responsibility for which it is appropriate that commissioned 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, and may assign officers to those positions. One such position shall be appointed from the officers on the active duty promotion list serving in or above the grade of captain, and who shall be responsible for administration of the commissioned officers, and for oversight of the operation of the vessel fleet, of the Administration. An officer assigned to any position under this section 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.

(b) Number of officers appointed

The number of officers serving on active duty under appointments under this section may not exceed-

(1) one in the grade of vice admiral;

(2) three in the grade of rear admiral; and

(3) three in the grade of rear admiral (lower half).

(c) 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.

(d) 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.

(e) Retirement rank, pay, and allowances

The provisions of section 2(g) of Reorganization Plan Numbered 4 of 1970 (84 Stat. 2090, 5 U.S.C. App.) apply to an officer who serves in a grade above captain under an appointment under this section in the same manner as if the officer served in that grade under section 2(d) or 2(f) of that Reorganization Plan.

(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 .)

References in Text

Reorganization Plan Numbered 4 of 1970 (84 Stat. 2090, 5 U.S.C. App.), referred to in subsec. (e), is set out in the Appendix to Title 5, Government Organization and Employees, and as a note under section 1511 of Title 15, Commerce and Trade.

Amendments

1998-Subsec. (a). Pub. L. 105–384 inserted "One such position shall be appointed from the officers on the active duty promotion list serving in or above the grade of captain, and who shall be responsible for administration of the commissioned officers, and for oversight of the operation of the vessel fleet, of the Administration." before "An officer".

1985-Subsecs. (a), (b)(3). Pub. L. 99–145 substituted "rear admiral (lower half)" for "commodore".

Appointment of Commissioned Officers

Section 320(c)(2) of Pub. L. 98–498 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.)."

Transitional Provisions

Section 320(c)(4) of Pub. L. 98–498 provided that:

"(A) An officer of the commissioned corps of the National Oceanic and Atmospheric Administration who on the day before the date of the enactment of this Act [Oct. 19, 1984] was carried on active duty in the grade of rear admiral and was receiving the basic pay of a rear admiral of the upper half shall after that date be serving in the grade of rear admiral.

"(B) An officer who on the day before the date of the enactment of this Act was serving on active duty in the grade of rear admiral and was receiving the basic pay of a rear admiral of the lower half shall after that date be serving in the grade of commodore, but shall (while serving in that grade) retain the title of rear admiral and be entitled to wear the uniform and insignia of a rear admiral.

"(C) An officer who on the date before the date of the enactment of this Act held the grade of rear admiral on the retired list retains the grade of rear admiral and is entitled to wear the uniform and insignia of a rear admiral."