§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, §12, as added Pub. L. 87–233, §1(d), Sept. 14, 1961, 75 Stat. 506 ; amended Pub. L. 98–498, title III, §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 1½ 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.