§ 854a-1. — Temporary appointment or advancement of commissioned officers in time of war or national emergency.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC854a-1]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 17--NATIONAL OCEAN SURVEY
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 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) Commissioned officers in the service of a military
department, under the provisions of sections 854, 855, 856, 857, and
858 \1\ of this title may, upon the recommendation of the Secretary
of the military department concerned, be temporarily promoted to
higher ranks or grades.
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\1\ See References in Text note below.
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(2) 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 \1\ of
this title.
(3) Temporary appointments may be made in all grades to which
original appointments in the National Oceanic and Atmospheric
Administration are authorized: Provided, 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 \1\ of this title.
(Dec. 3, 1942, ch. 670, Sec. 1, 56 Stat. 1038; Pub. L. 89-657, Sec. 3,
Oct. 14, 1966, 80 Stat. 907; 1965 Reorg. Plan No. 2, eff. July 13, 1965,
30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970,
35 F.R. 15627, 84 Stat. 2090.)
References in Text
Sections 854, 855, 856, 857, and 858 of this title, referred to in
text, were repealed by Pub. L. 107-372, title II, Sec. 271(4), Dec. 19,
2002, 116 Stat. 3094.
Codification
Provisions similar to this section are contained in section 3030 of
this title.
Amendments
1966--Pub. L. 89-657 struck out reference to act of July 24, 1941
(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.
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.
Delegation of Functions
Functions of President under subsecs. (1), (2), and (3) delegated to
Secretary of Commerce, see section 1(b), (i) and (j) of Ex. Ord. No.
11023, May 28, 1962, 27 F.R. 5131, set out as a note under section 301
of Title 3, The President.
