§ 3029. Temporary appointments

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2002

   Pub. L. 107–372 title II § 229 · 116 Stat. 3078

   Enacted · 33 U.S.C. § 3029

   Pub. L. 107–372, title II, § 229, Dec. 19, 2002, 116 Stat. 3087

   Source evidence

   Code source credit
   Pub. L. 107–372, title II, § 229, Dec. 19, 2002, 116 Stat. 3087

   Enacted provision · exact public law section
   SEC. 229. TEMPORARY APPOINTMENTS AND PROMOTIONS GENERALLY. (a) Ensign.— Temporary appointments in the grade of ensign may be made by the President alone. Each such temporary appointment terminates at the close of the next regular session of the Congress unless the Senate sooner gives its advice and consent to the appointment. (b) Lieutenant (Junior Grade).— Officers in the permanent grade of ensign may be temporarily promoted to and appointed in the grade of lieutenant (junior grade) by the President alone whenever vacancies exist in higher grades. (c) Any One Grade.— When determined by the Secretary to be in the best interest of the service, officers in any permanent grade may be temporarily promoted one grade by the President alone. Any such temporary promotion terminates upon the transfer of the officer to a new assignment.

2. 2012

   Presidential Appointment Efficiency and Streamlining Act of 2011

   Pub. L. 112–166 § 2(gg)(3) · 126 Stat. 1283

   1. Struck · 33 U.S.C. § 3029

      Pub. L. 112–166 struck out “alone” after “President” wherever appearing and, in subsec. (a)

   2. Struck · 33 U.S.C. § 3029

      Pub. L. 112–166 struck out “unless the Senate sooner gives its advice and consent to the appointment” before period at end of second sentence

   Source evidence

   Code amendment note
   Pub. L. 112–166 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.

   Enacted provision · exact public law section
   (3) Temporary appointments and promotions generally.— Section 229 of such Act (33 U.S.C. 3029) is amended— (A) by striking “alone” each place it appears; and (B) in subsection (a), in the second sentence, by striking “unless the Senate sooner gives its advice and consent to the appointment”.

   Effective date note
   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.

3. 2020

   National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020

   Pub. L. 116–259 title III § 304(a) · 134 Stat. 1153

   1. Substituted · 33 U.S.C. § 3029

      Pub. L. 116–259 substituted “Temporary appointments” for “Temporary appointments and promotions generally” in section catchline

   2. Amended · 33 U.S.C. § 3029

      Pub. L. 116–259 amended text generally. Prior to amendment, text related to temporary appointments and promotions to certain grades

   Source evidence

   Code amendment note
   Pub. L. 116–259 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.

   Enacted provision · exact public law section
   (a) In General.— Section 229 (33 U.S.C. 3029) is amended to read as follows: “SEC. 229. TEMPORARY APPOINTMENTS. “(a) Appointments by President.— Temporary appointments in the grade of ensign, 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 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 precedence of appointees who are appointed on the Determination. 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 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.” .

5 of 5 references resolved to an enrolled provision