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33 U.S.C. § 3031 — Pay and allowances; date of acceptance of promotion

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

33 U.S.C. § 3031 — Pay and allowances; date of acceptance of promotion

**(a) Acceptance and date of promotion** An officer of the commissioned corps who is promoted to a higher grade— (1) is deemed for all purposes to have accepted the promotion upon the date the promotion is made by the President, unless the officer expressly declines the promotion; and (2) shall receive the pay and allowances of the higher grade from that date unless the officer is entitled under another provision of law to receive the pay and allowances of the higher grade from an earlier date. **(b) Oath of office** An officer who subscribed to the oath of office required by [section 3331 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3331&num=0&edition=prelim) shall not be required to renew such oath or to take a new oath upon promotion to a higher grade, if the service of the officer after the taking of such oath is continuous.

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Stable record: federal_law:legal_authorities:record_usc_3ceef5f17c4feab305a16556
Source file: Laws/federal/codes/united-states-code/title-33/section-3031-pay-and-allowances-date-of-acceptance-of-promotion--3fa6d58108.md
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Passage SHA-256: 9594fe25f68a57033b6eb2507f75b16ca7dc0ea933807205567d73940547883a

Source location: Title 33, Chapter 43, § 3031; chapter-043-national-oceanic-and-atmospheric-administration-commissioned-officer-corps.md

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**(a) Acceptance and date of promotion** An officer of the commissioned corps who is promoted to a higher grade— (1) is deemed for all purposes to have accepted the promotion upon the date the promotion is made by the President, unless the officer expressly declines the promotion; and (2) shall receive the pay and allowances of the higher grade from that date unless the officer is entitled under another provision of law to receive the pay and allowances of the higher grade from an earlier date. **(b) Oath of office** An officer who subscribed to the oath of office required by [section 3331 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3331&num=0&edition=prelim) shall not be required to renew such oath or to take a new oath upon promotion to a higher grade, if the service of the officer after the taking of such oath is continuous.

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

5 U.S.C. § 3331 — Oath of office

An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: “I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” This section does not affect other oaths required by law.

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

33 U.S.C. § 854a–2 — Pay and allowances; date of acceptance of promotion

Any commissioned officer of the National Oceanic and Atmospheric Administration promoted to a higher grade at any time after December 7, 1941, shall be deemed for all purposes to have accepted his promotion to higher grade upon the date such promotion is made by the President unless he shall expressly decline such promotion, and shall receive the pay and allowances of the higher grade from such date unless he is entitled under some other provision of law to receive the pay and allowances of the higher grade from an earlier date. No such officer who shall have subscribed to the oath of office required by [section 3331 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3331&num=0&edition=prelim), shall be required to renew such oath or to take a new oath upon his promotion to a higher grade, if his service after the taking of such an oath shall have been continuous.

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

33 U.S.C. § 3031 — Pay and allowances; date of acceptance of

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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