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33 U.S.C. § 3030 — Temporary appointment or advancement of commissioned officers in time of war or national emergency

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 3030 — Temporary appointment or advancement of commissioned officers in time of war or national emergency

**(a) In general** Officers of the Administration shall be subject in like manner and to the same extent as personnel of the Navy to all laws authorizing temporary appointment or advancement of commissioned officers in time of war or national emergency. **(b) Limitations** Subsection (a) shall be applied subject to the following limitations: (1) A commissioned officer in the service of a military department under [section 3061 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3061&num=0&edition=prelim) may, upon the recommendation of the Secretary of the military department concerned, be temporarily promoted to a higher rank or grade. (2) A commissioned officer in the service of the Administration may be temporarily promoted to fill vacancies in ranks and grades caused by the transfer of commissioned officers to the service and jurisdiction of a military department under [section 3061 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3061&num=0&edition=prelim). (3) Temporary appointments may be made in all grades to which original appointments in the Administration are authorized, except that the number of officers holding temporary appointments may not exceed the number of officers transferred to a military department under [section 3061 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3061&num=0&edition=prelim).

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Source file: Laws/federal/codes/united-states-code/title-33/section-3030-temporary-appointment-or-advancement-of-commissioned-officers-in-time-of--683cb11157.md
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Source location: Title 33, Chapter 43, § 3030; chapter-043-national-oceanic-and-atmospheric-administration-commissioned-officer-corps.md

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 3061 — Cooperation with and transfer to military departments

**(a) Transfers of resources and officers during national emergency** (1) **Transfers authorized** — The President may, whenever in the judgment of the President a sufficient national emergency exists, transfer to the service and jurisdiction of a military department such vessels, equipment, stations, and officers of the Administration as the President considers to be in the best interest of the country. (2) **Responsibility for funding of transferred resources and officers** — After any such transfer all expenses connected therewith shall be defrayed out of the appropriations for the department to which the transfer is made. (3) **Return of transferred resources and officers** — Such transferred vessels, equipment, stations, and officers shall be returned to the Administration when the national emergency ceases, in the opinion of the President. (4) **Rule of construction** — Nothing in this section shall be construed as transferring the Administration or any of its functions from the Department of Commerce except in time of national emergency and to the extent provided in this section. **(b) Limitation on transfer of officers** This section does not authorize the transfer of an officer of the Administration to a military department if the accession or retention of that officer in that military department is otherwise not authorized by law. **(c) Status of transferred officers** An officer of the Administration transferred under this section, shall, while under the jurisdiction of a military department, have proper military status and shall be subject to the laws, regulations, and orders for the government of the Army, Navy, or Air Force, as the case may be, insofar as the same may be applicable to persons whose retention permanently in the military service of the

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Federal law — U.S. Code and appendices · legal_authorities

3 U.S.C. § 301 — General authorization to delegate functions; publication of delegations

The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 854a–1 — Temporary appointment or advancement of commissioned officers in time of war or national emergency

Personnel of the National Oceanic and Atmospheric Administration shall be subject in like manner and to the same extent as personnel of the Navy to all laws authorizing temporary appointment or advancement of commissioned officers in time of war or national emergency subject to the following limitations: (1) Commissioned officers in the service of a military department, under the provisions of sections 854, 855, 856, 857, and 858 11 See References in Text note below. of this title may, upon the recommendation of the Secretary of the military department concerned, be temporarily promoted to higher ranks or grades. (2) Commissioned officers in the service of the National Oceanic and Atmospheric Administration may be temporarily promoted to fill vacancies in ranks and grades caused by the transfer of commissioned officers to the service and jurisdiction of a military department under the provisions of sections 854, 855, 856, 857, and 858 1 of this title. (3) Temporary appointments may be made in all grades to which original appointments in the National Oceanic and Atmospheric Administration are authorized: Provided, That the number of officers holding temporary appointments shall not exceed the number of officers transferred to a military department under the provisions of sections 854, 855, 856, 857, and 858 1 of this title.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 3030 — Temporary appointment or advancement

Page 935 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3031 a permanent appointment for such position made by the President. (c) Order of precedence Appointees under subsection (a) shall take precedence in the grade to which appointed in accordance with the dates of their appointments as officers in such grade. The order of prece- dence of appointees who are appointed on the same date shall be determined by the Secretary. (d) Any one grade When determined by the Secretary to be in the best interest of the commissioned officer corps of the Administration, officers in any perma- nent grade may be temporarily promoted one grade by the President. Any such temporary promotion terminates upon the transfer of the officer to a new assignment. (Pub. L. 107–372, title II, § 229, Dec. 19, 2002, 116 Stat. 3087; Pub. L. 112–166, § 2(gg)(3), Aug. 10, 2012, 126 Stat. 1290; Pub. L. 116–259, title III, § 304(a), Dec. 23, 2020, 134 Stat. 1172.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 853j–1 of this title prior to repeal by Pub. L. 107–372. AMENDMENTS 2020—Pub. L. 116–259 substituted ‘‘Temporary ap- pointments’’ for ‘‘Temporary appointments and pro- motions generally’’ in section catchline and amended text generally. Prior to amendment, text related to temporary appointments and promotions to certain grades. 2012—Pub. L. 112–166 struck out ‘‘alone’’ after ‘‘Presi- dent’’ wherever appearing and, in subsec. (a), struck out ‘‘unless the Senate sooner gives its advice and con- sent to the appointment’’ before period at end of second sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to

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