33 U.S.C. § 3029 — Temporary appointments

Page 934 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3028 (Pub. L. 107–372, title II, § 227, Dec. 19, 2002, 116 Stat. 3085.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 854 of this title prior to repeal by Pub. L. 107–372. § 3028. Positions of importance and responsibility (a) Designation of positions The Secretary may designate positions in the Administration as being positions of importance and responsibility for which it is appropriate that officers of the Administration, if serving in those positions, serve in the grade of vice admi- ral, rear admiral, or rear admiral (lower half), as designated by the Secretary for each position. (b) Assignment of officers to designated positions The Secretary may assign officers to positions designated under subsection (a). (c) Director of NOAA Corps and Office of Marine and Aviation Operations The President shall designate one position as responsible for oversight of the vessel and air- craft fleets and for the administration of the commissioned officer corps. The President shall fill that position by appointing, by and with the advice and consent of the Senate, an officer on the lineal list serving in or above the grade of rear admiral (lower half). For the specific pur- pose of administering the commissioned officer corps, that position shall carry the title of Di- rector of the National Oceanic and Atmospheric Administration Commissioned Officer Corps. For the specific purpose of administering the vessel and aircraft fleets, that position shall carry the title of Director of the Office of Ma- rine and Aviation Operations. (d) Grade (1) Temporary appointment to grade des- ignated for position An officer assigned to a position under this section while so serving has the grade des- ignated for that position, if appointed to that grade by the President. (2) Reversion to permanent grade An officer who has served in a grade above captain, upon termination of the officer’s as- signment to the position for which that ap- pointment was made, shall, unless appointed or assigned to another position for which a higher grade is designated or immediately be- ginning a period of terminal leave, revert to the grade and number the officer would have occupied but for serving in a grade above that of captain. In such a case, the officer shall be an extra number in that grade. (e) Limit on number of officers appointed The total number of officers serving on active duty at any one time in the grade of rear admi- ral (lower half) or above may not exceed five, with only one serving in the grade of vice admi- ral. (f) Pay and allowances An officer appointed to a grade under this sec- tion, while serving in that grade or in a period of annual leave used at the end of the appoint- ment, shall have the pay and allowances of the grade to which appointed. (g) Effect of appointment An appointment of an officer under this sec- tion— (1) does not vacate the permanent grade held by the officer; and (2) creates a vacancy on the active list. (Pub. L. 107–372, title II, § 228, Dec. 19, 2002, 116 Stat. 3086; Pub. L. 112–166, § 2(gg)(2), Aug. 10, 2012, 126 Stat. 1290; Pub. L. 116–259, title III, § 303, Dec. 23, 2020, 134 Stat. 1171.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 853u of this title prior to repeal by Pub. L. 107–372. AMENDMENTS 2020—Subsec. (c). Pub. L. 116–259, § 303(1), substituted ‘‘The President shall designate one position’’ for ‘‘The Secretary shall designate one position under this sec- tion’’ 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). Pub. L. 116–259, § 303(2), inserted ‘‘or immediately beginning a period of terminal leave’’ after ‘‘for which a higher grade is designated’’. Subsec. (e). Pub. 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). Pub. L. 116–259, § 303(4), inserted ‘‘or in a period of annual leave used at the end of the appoint- ment’’ after ‘‘serving in that grade’’. 2012—Subsec. (d)(1). Pub. 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 Pub. 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 Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security. APPOINTMENT OF COMMISSIONED OFFICERS Pub. L. 98–498, title III, § 320(c)(2), Oct. 19, 1984, 98 Stat. 2309, provided that: ‘‘After the date of the enact- ment 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.).’’ § 3029. Temporary appointments (a) Appointments by President Temporary appointments in the grade of en- sign, lieutenant junior grade, or lieutenant may be made by the President. (b) Termination A temporary appointment to a position under subsection (a) shall terminate upon approval 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 appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security. Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of Commerce by section 1(b)–(d) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, as amended, set out as a note under section 301 of Title 3, The Presi- dent. § 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 per- sonnel of the Navy to all laws authorizing tem- porary appointment or advancement of commis- sioned officers in time of war or national emer- gency. (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 may, upon the recommendation of the Secretary of the military department con- cerned, be temporarily promoted to a higher rank or grade. (2) A commissioned officer in the service of the Administration may be temporarily pro- moted to fill vacancies in ranks and grades caused by the transfer of commissioned offi- cers to the service and jurisdiction of a mili- tary department under section 3061 of this title. (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. (Pub. L. 107–372, title II, § 230, Dec. 19, 2002, 116 Stat. 3087.) Editorial Notes CODIFICATION Provisions similar to this section are contained in section 854a–1 of this title. Executive Documents DELEGATION OF FUNCTIONS Functions of President under subsec. (b) of this sec- tion delegated to Secretary of Commerce by section 1(h)–(j) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, as amended, set out as a note under section 301 of Title 3, The President. § 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 accept- ed the promotion upon the date the promotion is made by the President, unless the officer ex- pressly declines the promotion; and (2) shall receive the pay and allowances of the higher grade from that date unless the of- ficer is entitled under another provision of law to receive the pay and allowances of the high- er 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 shall not be re- quired 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. (Pub. L. 107–372, title II, § 231, Dec. 19, 2002, 116 Stat. 3087.) Editorial Notes CODIFICATION Provisions similar to this section are contained in section 854a–2 of this title.