§3029. 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 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.

( Pub. L. 107–372, title II, §229, Dec. 19, 2002, 116 Stat. 3087 ; Pub. L. 112–166, §2(gg)(3), Aug. 10, 2012, 126 Stat. 1290 ; Pub. L. 116–259, title III, §304(a), Dec. 23, 2020, 134 Stat. 1172 .)

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 Amendment

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.

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.