33 USC 3028 - Positions of importance and responsibility

Editorial Notes

Prior Provisions

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

Amendments

2020—Subsec. (c). Puspan. 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). Puspan. L. 116–259, § 303(2), inserted “or immediately beginning a period of terminal leave” after “for which a higher grade is designated”.

Subsec. (e). Puspan. 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). Puspan. 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). Puspan. 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 Puspan. 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 Puspan. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.

Appointment of Commissioned Officers

Puspan. L. 98–498, title III, § 320(c)(2), Oct. 19, 1984, 98 Stat. 2309, 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.).”