Page:United States Statutes at Large Volume 116 Part 4.djvu/659

 PUBLIC LAW 107-372—DEC. 19, 2002 116 STAT. 3087 SEC. 229. TEMPORARY APPOINTMENTS AND PROMOTIONS GENERALLY. 33 USC 3029. (a) ENSIGN.— Temporary appointments in the grade of ensign may be made by the President alone. Each such temporary appointment terminates at the close of the next regular session of the Congress unless the Senate sooner gives its advice and consent to the appointment. (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 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. SEC. 230. TEMPORARY APPOINTMENT OR ADVANCEMENT OF COMMIS- 33 USC 3030. SIONED OFFICERS IN TIME OF WAR OR NATIONAL EMER- GENCY. (a) IN GENERAL.— Officers of the 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. (b) LIMITATIONS.—Subsection (a) shall be applied subject to Applicability. the following limitations: (1) A commissioned officer in the service of a military depairtment under section 251 may, upon the recommendation of the Secretary of the military department concerned, be temporarily promoted to a higher rank or grade. (2) A commissioned officer in the service of the 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 section 251. (3) Temporary appointments may be made in all grades to which original appointments in the Administration are authorized, except that the number of officers holding temporary appointments may not exceed the number of officers transferred to a military department under section 251. SEC. 231. PAY AND ALLOWANCES; DATE OF ACCEPTANCE OF PRO- 33 USC 3031. MOTION. (a) ACCEPTANCE AND DATE OF PROMOTION.— An officer of the commissioned corps who is promoted to a higher grade— (1) is deemed for all purposes to have accepted the promotion upon the date the promotion is made by the President, unless the officer expressly declines the promotion; and (2) shall receive the pay and allowances of the higher grade from that date unless the officer is entitled under another provision of law to receive the pay and allowances of the higher grade from an earlier date. (b) OATH OF OFFICE. —An officer who subscribed to the oath of office required by section 3331 of title 5, United States Code, shall not be required to renew such oath or to take a new oath upon promotion to a higher grade, if the service of the officer after the taking of such oath is continuous.

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