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

(a) Designation of positions The Secretary^* can 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 can 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 must designate one position as responsible for oversight of the vessel and aircraft fleets and for the administration of the commissioned officer corps. The President must 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 must 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 must 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, must, 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 is 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 cannot 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, has 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.