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Title 33 — Navigation and Navigable WatersRelease 119-73

§3029 Temporary appointments

Title 33 › Chapter CHAPTER 43— - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS › Subchapter SUBCHAPTER II— - APPOINTMENT AND PROMOTION OF OFFICERS › § 3029

Last updated Apr 6, 2026|Official source

Summary

The President may make temporary appointments at the ranks of ensign, lieutenant junior grade, or lieutenant. Those temporary appointments must end when the President approves a permanent appointment for that same position. Appointees rank in their grade by the date they were appointed, and the Secretary decides ties for the same date. If the Secretary says it is best for the Administration’s commissioned officer corps, the President may temporarily promote an officer one grade, and that temporary promotion ends when the officer moves to a new assignment.

Full Legal Text

Title 33, §3029

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)Temporary appointments in the grade of ensign, lieutenant junior grade, or lieutenant may be made by the President.
(b)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)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.
(d)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 853j–1 of this title prior to repeal by Pub. L. 107–372.

Amendments

2020—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. 2012—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.

Statutory Notes and Related Subsidiaries

Effective Date

of 2012 AmendmentAmendment 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 President.

Reference

Citations & Metadata

Citation

33 U.S.C. § 3029

Title 33 — Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73