33 U.S.C. § 854a–2: Pay and allowances; date…

Summary

NOAA commissioned officers promoted after December 7, 1941 are treated as accepting the promotion on the date the President makes it, unless they clearly decline. They get the pay and allowances of the higher grade from that date, unless another law gives pay from an earlier date. An officer who took the oath required by 5 U.S.C. 3331 and has had continuous service does not need to retake the oath when promoted.

Title 33, §854a–2

Navigation and Navigable Waters, Source: USLM XML via OLRC

Any commissioned officer of the National Oceanic and Atmospheric Administration promoted to a higher grade at any time after December 7, 1941, shall be deemed for all purposes to have accepted his promotion to higher grade upon the date such promotion is made by the President unless he shall expressly decline such promotion, and shall receive the pay and allowances of the higher grade from such date unless he is entitled under some other provision of law to receive the pay and allowances of the higher grade from an earlier date. No such officer who shall have subscribed to the oath of office required by section 3331 of title 5, shall be required to renew such oath or to take a new oath upon his promotion to a higher grade, if his service after the taking of such an oath shall have been continuous.

Notes & Related Subsidiaries

Editorial Notes

Codification “Section 3331 of title 5” substituted in text for “section 1757, Revised Statutes” on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. section 1757 of the Revised Statutes had been classified to section 16 of former Title 5, Executive Departments and Government Officers and Employees. Provisions similar to this section are contained in section 3031 of this title.

Executive Documents

Transfer of Functions

Coast 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. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851 of this title. 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. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees. For further details, see note set out under section 851 of this title.

§854a–2 Pay and Allowances; Date of Acceptance of Promotion