
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 33USC853u]

 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
                    CHAPTER 17--NATIONAL OCEAN SURVEY
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 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, Sec. 24, as added Pub. L. 98-498, title III, 
Sec. 320(c)(1), Oct. 19, 1984, 98 Stat. 2308; amended Pub. L. 99-145, 
title V, Sec. 514(a)(3), Nov. 8, 1985, 99 Stat. 628; Pub. L. 105-384, 
title III, Sec. 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.''
