33 U.S.C. § 854a–1 | Temporary appointment or advancement of commissioned officers in time of war or national emergency

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)

1 See References in Text note below.

Commissioned officers in the service of a military department, under the provisions of sections 854, 855, 856, 857, and 858  of this title may, upon the recommendation of the Secretary of the military department concerned, be temporarily promoted to higher ranks or grades.

(2)

¹ 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  of this title.

(3)

Provided¹ Temporary appointments may be made in all grades to which original appointments in the National Oceanic and Atmospheric Administration are authorized: , 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  of this title.

Dec. 3, 1942, ch. 670, § 1 56 Stat. 1038 Pub. L. 89–657, § 3Oct. 14, 196680 Stat. 907July 13, 196579 Stat. 1318Oct. 3, 197084 Stat. 2090(, ; , , ; 1965 Reorg. Plan No. 2, eff. , 30 F.R. 8819, ; 1970 Reorg. Plan No. 4, eff. , 35 F.R. 15627, .)

Editorial Notes

References in Text

Pub. L. 107–372, title II, § 271(4)Dec. 19, 2002116 Stat. 3094Sections 854, 855, 856, 857, and 858 of this title, referred to in text, were repealed by , , .

Codification

section 3030 of this titleProvisions similar to this section are contained in .

Amendments

Pub. L. 89–657July 24, 19411966— struck out reference to act of (Public, Numbered 188, Seventy-seventh Congress) which, for purposes of codification, has been changed to sections 350 to 350j of former title 34 and substituted Environmental Science Services Administration for Coast and Geodetic Survey, temporary advancement of commissioned officers for temporary promotions, military departments for Department of the Army or Navy Department, Secretary of the military department concerned for Secretary of the Army or Secretary of the Navy, and reference to temporary appointments in all grades to which original appointments in the Environmental Science Services Administration are authorized for reference to temporary appointment of regularly appointed deck officers and junior engineers to the rank and grade of ensign.

Executive Documents

Transfer of Functions

July 13, 196579 Stat. 1318 section 851 of this titleOct. 3, 197084 Stat. 2090 section 851 of this titleCoast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, and commissioned officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. , 30 F.R. 8819, , set out as a note under . The Reorg. Plan also transferred to Secretary of Commerce all functions of Coast and Geodetic Survey and Director of Survey. Subsequently, Environmental Science Services Administration 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. , 35 F.R. 15627, , set out in the Appendix to Title 5, Government Organization and Employees. For further details, see note set out under .

Delegation of Functions

May 28, 1962section 301 of Title 3Functions of President under pars. (1), (2), and (3) delegated to Secretary of Commerce, see section 1(b), (i) and (j) of Ex. Ord. No. 11023, , 27 F.R. 5131, set out as a note under , The President.