Appointments by President
Temporary appointments in the grade of ensign, lieutenant junior grade, or lieutenant may be made by the President.
Termination
A temporary appointment to a position under subsection (a) shall terminate upon approval of a permanent appointment for such position made by the President.
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 precedence of appointees who are appointed on the same date shall be determined by the Secretary.
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 permanent 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, § 229116 Stat. 3087Pub. L. 112–166, § 2(gg)(3)126 Stat. 1290Pub. L. 116–259, title III, § 304(a)134 Stat. 1172(, , ; , , ; , , .)
Editorial Notes
Prior Provisions
section 853j–1 of this titlePub. L. 107–372Provisions similar to those in this section were contained in prior to repeal by .
Amendments
Pub. L. 116–2592020— substituted “Temporary appointments” for “Temporary appointments and promotions generally” in section catchline and amended text generally. Prior to amendment, text related to temporary appointments and promotions to certain grades.
Pub. L. 112–1662012— struck out “alone” after “President” wherever appearing and, in subsec. (a), struck out “unless the Senate sooner gives its advice and consent to the appointment” before period at end of second sentence.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Pub. L. 112–166section 6(a) of Pub. L. 112–166section 113 of Title 6Amendment by effective 60 days after , and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see , set out as a note under , Domestic Security.
Executive Documents
Delegation of Functions
section 301 of Title 3Functions of President under this section delegated to Secretary of Commerce by section 1(b)–(d) of Ex. Ord. No. 11023, , 27 F.R. 5131, as amended, set out as a note under , The President.