---
kind: "section"
citation: "33 U.S.C. § 3029"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "3029"
heading: "Temporary appointments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/3029"
units:
  - "Chapter 43 — National Oceanic and Atmospheric Administration Commissioned Officer Corps"
  - "Subchapter II — Appointment and Promotion of Officers"
---

# §3029. Temporary appointments

- (a) **Appointments by President—** Temporary appointments in the [grade](/usc/33/3002.md?p=b-2) of ensign, lieutenant junior [grade](/usc/33/3002.md?p=b-2), or lieutenant may be made by the President.
- (b) **Termination—** A temporary appointment to a position under [subsection (a)](#a) shall terminate upon approval of a permanent appointment for such position made by the President.
- (c) **Order of precedence—** Appointees under [subsection (a)](#a) shall take precedence in the [grade](/usc/33/3002.md?p=b-2) to which appointed in accordance with the dates of their appointments as [officers](/usc/33/3002.md?p=b-3) in such [grade](/usc/33/3002.md?p=b-2). The order of precedence of appointees who are appointed on the same date shall be determined by the [Secretary](/usc/33/3002.md?p=b-6).
- (d) **Any one grade—** When determined by the [Secretary](/usc/33/3002.md?p=b-6) to be in the best interest of the commissioned [officer](/usc/33/3002.md?p=b-3) corps of the [Administration](/usc/33/3002.md?p=b-7), [officers](/usc/33/3002.md?p=b-3) in any permanent [grade](/usc/33/3002.md?p=b-2) may be temporarily promoted one [grade](/usc/33/3002.md?p=b-2) by the President. Any such temporary promotion terminates upon the transfer of the [officer](/usc/33/3002.md?p=b-3) to a new assignment.

## Source credit

(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.)

## Notes

### 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.