
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 33USC853j-1]

 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
                    CHAPTER 17--NATIONAL OCEAN SURVEY
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 853j-1. Temporary appointments and promotions made by 
        President
        

(a) Ensign

    Temporary appointment in the grade of ensign may be made by the 
President alone, provided such temporary appointment will be terminated 
at the close of the next regular session of the Congress unless 
confirmed by the Senate.

(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 of Commerce 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.

(June 3, 1948, ch. 390, Sec. 12, as added Pub. L. 87-233, Sec. 1(d), 
Sept. 14, 1961, 75 Stat. 506; amended Pub. L. 98-498, title III, 
Sec. 320(b), Oct. 19, 1984, 98 Stat. 2308.)


                               Amendments

    1984--Subsec. (c). Pub. L. 98-498 substituted ``determined'' for 
``deemed necessary or desirable'', ``alone. Any'' for ``alone 
provided'', and ``terminates'' for ``will terminate'', and struck out 
qualification to the President's authority to temporarily promote 
officers that the number of officers holding temporary promotions not 
exceed the whole number nearest 1\1/2\ per centum of the total number of 
officers authorized to be on active duty.

                         Delegation of Functions

    Functions of President under subsecs. (a), (b) and (c) delegated to 
Secretary of Commerce, see section 1(b), (c) and (d) 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.
