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33 U.S.C. § 854a–1 — Temporary appointment or advancement of commissioned officers in time of war or national emergency
Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 854a–1
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Stable record: federal_law:legal_authorities:record_usc_9762b89fc2b0304d2120b392
Source file: Laws/federal/codes/united-states-code/title-33/section-854a1-temporary-appointment-or-advancement-of-commissioned-officers-in-time-of--c475531ff2.md
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Source location: Title 33, Chapter 17, § 854a–1; chapter-017-national-oceanic-and-atmospheric-administration.md
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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
**(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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3030
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, Pub. L. 105–277, div. A, § 101(b) [title II], Oct. 21, 1998, 112 Stat. 2681–50, 2681–83, which authorized in the National Oceanic and Atmospheric Administration 250 commissioned officers on the active list as of September 30, 1999, was from title II of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999, and was not repeated in subsequent appropriation acts.
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 105–119, title II, Nov. 26, 1997, 111 Stat. 2477.
Pub. L. 104–208, div. A, title I, § 101(a) [title II], Sept. 30, 1996, 110 Stat. 3009, 3009–37.
Pub. L. 104–134, title I, § 101[(a)] [title II], Apr. 26, 1996, 110 Stat. 1321, 1321–27; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 103–317, title II, Aug. 26, 1994, 108 Stat. 1741.
Pub. L. 103–121, title II, Oct. 27, 1993, 107 Stat. 1170.
Pub. L. 102–395, title II, Oct. 6, 1992, 106 Stat. 1849.
Pub. L. 102–140, title II, Oct. 28, 1991, 105 Stat. 799.
Pub. L. 101–515, title I, Nov. 5, 1990, 104 Stat. 2104.
Pub. L. 101–162, title I, Nov. 21, 1989, 103 Stat. 992.
Pub. L. 100–459, title I, Oct. 1, 1988, 102 Stat. 2190.
Pub. L. 100–202, § 101(a) [title I], Dec. 22, 1987, 101 Stat. 1329, 1329–4.
Pub. L. 99–500, § 101(b) [title I], Oct. 18, 1986, 100 Stat. 1783–39, 1783–42, and Pub. L. 99–591, § 101(b) [title I], Oct. 30, 1986, 100 Stat. 3341–39, 3341–42.
Pub. L. 99–180, title I, Dec. 13, 1985, 99 Stat. 1138.
Pub. L. 98–411, title I, Aug. 30, 1984, 98 Stat. 1548.
Pub. L. 98–166, title I, § 101, Nov. 28, 1983, 97 Stat. 1074.
Pub. L. 97–377, title I, § 101(d), Dec. 21, 1982, 96 Stat. 1867, 1869.
Pub. L. 97–92, § 101(h) [incorporating H.R
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 851
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 3 U.S.C. § 301
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