33 U.S.C. § 854a — Service credit as deck officer or junior en-

Page 243 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 854a–1 1 See References in Text note below. junior engineer and active service counted on June 30, 1922, for longevity pay, shall be credited to commissioned officers as active commis- sioned service for purposes of retirement and re- tirement pay. (Pub. L. 87–649, § 9(c), Sept. 7, 1962, 76 Stat. 496; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.) Editorial Notes CODIFICATION Section was formerly classified to section 302 of Title 37 prior to the general revision and enactment of Title 37, Pay and Allowances of the Uniformed Services, by Pub. L. 87–649, § 1, Sept. 7, 1962, 76 Stat. 451. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. Executive Documents TRANSFER OF FUNCTIONS Coast and Geodetic Survey consolidated with Weath- er Bureau to form a new agency in Department of Com- merce to be known as Environmental Science Services Administration, and commissioned officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of Commerce all functions of Coast and Geodetic Survey and Director of Survey. Subsequently, Environmental Science Services Admin- istration abolished, National Oceanic and Atmospheric Administration established, and Commissioned Officer Corps of ESSA redesignated Commissioned Officer Corps of NOAA by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees. For further details, see note set out under section 851 of this title. §§ 853p to 853r. Repealed. Pub. L. 107–372, title II, § 271(1), Dec. 19, 2002, 116 Stat. 3094 Section 853p, act June 3, 1948, ch. 390, § 17, 62 Stat. 300, provided that retired pay be based on highest rank held. See section 3046 of this title. Section 853q, act June 3, 1948, ch. 390, § 18, 62 Stat. 300, provided that Coast and Geodetic Survey Commis- sioned Officers’ Act of 1948 would not affect retired rank and pay held pursuant to other laws. See section 3047 of this title. Section 853r, act June 3, 1948, ch. 390, § 19, 62 Stat. 300, related to personnel board. See section 3022 of this title. § 853s. Repealed. Pub. L. 88–431, § 1(c)(2), Aug. 14, 1964, 78 Stat. 440 Section, act June 3, 1948, ch. 390, § 20, as added Sept. 14, 1961, Pub. L. 87–233, § 1(g), 75 Stat. 506, related to transportation of motor vehicles for commissioned offi- cers of Survey ordered to make a permanent change of station. §§ 853t to 854. Repealed. Pub. L. 107–372, title II, § 271(1), (4), Dec. 19, 2002, 116 Stat. 3094 Section 853t, act June 3, 1948, ch. 390, § 23, as added Pub. L. 87–233, § 1(h), Sept. 14, 1961, 75 Stat. 506, related to original appointments. See section 3021 of this title. Section 853u, act June 3, 1948, ch. 390, § 24, as added Pub. L. 98–498, title III, § 320(c)(1), Oct. 19, 1984, 98 Stat. 2308; amended Pub. L. 99–145, title V, § 514(a)(3), Nov. 8, 1985, 99 Stat. 628; Pub. L. 105–384, title III, § 307(b), Nov. 13, 1998, 112 Stat. 3458, related to designation of posi- tions of importance and responsibility. See section 3028 of this title. Section 853v, act June 3, 1948, ch. 390, § 25, as added Pub. L. 106–65, div. A, title VI, § 652(c), Oct. 5, 1999, 113 Stat. 665, related to presentation of flag upon retire- ment. See section 3076 of this title. Section 854, acts May 22, 1917, ch. 20, § 16, 40 Stat. 88; June 21, 1955, ch. 172, § 2(a), 69 Stat. 169, required mental and physical examination prior to appointment or pro- motion. See section 3027 of this title. § 854a. Service credit as deck officer or junior en- gineer for promotion purposes For purposes of promotion which is now or may hereafter be authorized for officers ap- pointed after June 30, 1922, there shall be count- ed in addition to active commissioned service, service as deck officer and junior engineer. (Jan. 19, 1942, ch. 6, § 2, 56 Stat. 6; June 3, 1948, ch. 390, § 22(a), formerly § 21(a), 62 Stat. 300, re- numbered § 22(a), Pub. L. 87–233, § 1(f), Sept. 14, 1961, 75 Stat. 506; Oct. 12, 1949, ch. 681, title V, § 531(b)(32), 63 Stat. 839; June 21, 1955, ch. 172, § 3(a), 69 Stat. 169.) Editorial Notes CODIFICATION Provisions similar to this section are contained in section 3032 of this title. AMENDMENTS 1955—Act June 21, 1955, credited all service as deck of- ficer and junior engineer. 1949—Act Oct. 12, 1949, repealed that part of second proviso of subsec. (b) relating to service credit as deck officer or junior engineer for pay, longevity pay, or re- tirement purposes. 1948—Act June 3, 1948, repealed subsecs. (a), (c), (d) and all of subsec. (b) except for second proviso which now comprises this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1949 AMENDMENT Act Oct. 12, 1949, ch. 681, title V, § 533(a), 63 Stat. 841, provided that: ‘‘Except as provided in subsections (b) and (c) of this section, this Act [see Tables for classi- fication] shall become effective on October 1, 1949, and no pay, allowances, or benefits provided herein shall accrue to any person for any period prior thereto.’’ § 854a–1. Temporary appointment or advance- ment of commissioned officers in time of war or national emergency Personnel of the National Oceanic and Atmos- pheric Administration shall be subject in like manner and to the same extent as personnel of the Navy to all laws authorizing temporary ap- pointment or advancement of commissioned of- ficers in time of war or national emergency sub- ject 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 1 of this title may, upon the recommendation of the Sec-