[USC02] 10 USC Ch. 815: ORIGINAL APPOINTMENTS
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TEXT OF PART V OF SUBTITLE A (3001 ET SEQ.), EFFECTIVE JANUARY 1, 2022, CURRENTLY SET OUT AS A PREVIEW

10 USC Ch. 815: ORIGINAL APPOINTMENTS
From Title 10—ARMED FORCESSubtitle C—Navy and Marine CorpsPART II—PERSONNEL

CHAPTER 815—ORIGINAL APPOINTMENTS

Sec.
8132.
Regular Navy: transfers, line and staff corps.
8135.
Regular Marine Corps: order of filling vacancies in grade of second lieutenant.
[8137.
Repealed.]
8138.
Regular Marine Corps: judge advocates.
8139.
Regular Navy and Regular Marine Corps: officers designated for limited duty.
8146.
Navy and Marine Corps: temporary appointments of officers designated for limited duty.

        

Amendments

2021Pub. L. 116–283, div. A, title V, §509(b), Jan. 1, 2021, 134 Stat. 3586, struck out item 8137 "Regular Navy: officers designated for engineering duty, aeronautical engineering duty, and special duty".

2018Pub. L. 115–232, div. A, title VIII, §807(e)(2)(B), (f)(1), Aug. 13, 2018, 132 Stat. 1837, 1838, redesignated chapter 539 of this title as this chapter and items 5582, 5585, 5587, 5587a, 5589, and 5596 as 8132, 8135, 8137, 8138, 8139, and 8146, respectively.

1994Pub. L. 103–337, div. A, title XVI, §1673(b)(2), Oct. 5, 1994, 108 Stat. 3016, struck out item 5600 "Naval Reserve and Marine Corps Reserve: service credit upon original appointment".

1991Pub. L. 102–190, div. A, title XI, §1113(d)(2)(B), Dec. 5, 1991, 105 Stat. 1502, struck out "warrant officers and" before "officers designated" in item 5596.

1981Pub. L. 97–22, §10(b)(7), July 10, 1981, 95 Stat. 137, struck out item 5573a "Regular Navy and Regular Marine Corps: from reserve and temporary officers" and in item 5596 substituted "Navy and Marine Corps: temporary appointments of warrant officers and officers designated for limited duty" for "Navy and Marine Corps: temporary appointments".

1980Pub. L. 96–513, title V, §503(28), Dec. 12, 1980, 94 Stat. 2913, struck out items 5571 "Regular Navy and Regular Marine Corps: citizenship of officers", 5572 "Regular Navy and Regular Marine Corps: appointing power" 5573 "Regular Navy and Regular Marine Crops: from graduates of the Naval Academy", 5574 "Regular Navy: Medical Corps", 5575 "Regular Navy: Supply Corps," 5576 "Regular Navy: Chaplain Corps", 5577 "Regular Navy: Civil Engineer Corps", 5578 "Regular Navy: Dental Corps", 5578a "Regular Navy: Judge Advocate General's Corps", 5579 "Regular Navy: Medical Service Corps", 5580 "Regular Navy: Nurse Corps", 5581 "Naval Reserve: Medical Corps, Dental Corps, Medical Service Corps: women", 5583 "Regular Marine Corps: from non-commissioned officers", 5584 "Regular Marine Corps: from former officers", 5586 "Regular Navy and Regular Marine Corps: from warrant officers and enlisted members", 5590 "Regular Navy and Regular Marine Corps: women", 5591 "Regular Navy: Supply Corps: maximum number of ensigns appointed annually", 5592 "Regular Navy: Civil Engineer Corps: maximum number of ensigns appointed annually", 5593 "Regular Navy: Medical Service Corps; maximum number of ensigns appointed annually", 5594 "Regular Navy: Nurse Corps: maximum number of ensigns appointed annually", 5595 "Regular Marine Corps: restriction on appointments of former midshipmen and cadets", 5597 "Navy and Marine Corps: temporary appointments in time of war or national emergency", 5598 "Naval Reserve and Marine Corps Reserve: temporary appointments in time of war or national emergency", 5599 "Medical Corps: acting appointments for temporary service", and 5601 "Naval Reserve: Nurse Corps: men".

1967Pub. L. 90–179, §5(5), Dec. 8, 1967, 81 Stat. 548, added items 5578a and 5587a.

1961Pub. L. 87–123, §5(9), Aug. 3, 1961, 75 Stat. 265, struck out item 5588 "Regular Marine Corps: officers designated for supply duty".

1958Pub. L. 85–861, §1(118)(B), (121)(B), Sept. 2, 1958, 72 Stat. 1493, 1495, added items 5573a, 5600, and 5601.

§8132. Regular Navy: transfers, line and staff corps

(a) A regular officer of the Navy in a staff corps in a grade not above lieutenant commander may be appointed in the line of the Navy to the same grade.

(b) A regular officer in the line of the Navy in a grade not above lieutenant commander may be appointed to the same grade in a staff corps under regulations prescribed by the Secretary of Defense.

(Aug. 10, 1956, ch. 1041, 70A Stat. 324, §5582; Pub. L. 96–513, title III, §373(d), Dec. 12, 1980, 94 Stat. 2903; renumbered §8132, Pub. L. 115–232, div. A, title VIII, §807(b)(4), Aug. 13, 2018, 132 Stat. 1834.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
5582(a) 34 U.S.C. 14 (less statement of appointing authority). July 22, 1935, ch. 402, §7 (less statement of appointing authority), 49 Stat. 490.
5582(b) 34 U.S.C. 13 (less statement of appointing authority). July 22, 1935, ch. 402, §6 (less statement of appointing authority), 49 Stat. 490.

The words "active list" are inserted so that this section will apply only to officers of the Regular Navy holding permanent appointments in grades above commissioned warrant officer, as this was the intent of the source statute. The words "same grade" are substituted for the words "corresponding rank and grade" in subsection (a) and for the words "corresponding grade" in subsection (b), since, under §405 of the Officer Personnel Act of 1947 (34 U.S.C. 10a), the grades in the staff corps are the same as those in the line. The words "transfer and" and "transferred and" are omitted as surplusage.

In subsection (a) the words "and precedence in the line" are omitted as surplusage.

In subsection (b) reference to the Construction Corps is omitted because that corps was abolished by the Act of June 25, 1940, ch. 420, §1, 54 Stat. 528.

The word "male" is inserted in both subsections to limit their application to men. Authority to appoint women is covered in §5590 of this title.

Amendments

2018Pub. L. 115–232 renumbered section 5582 of this title as this section.

1980—Subsec. (a). Pub. L. 96–513 substituted "A regular officer" for "Any male officer on the active list" and "in the line" for "to the active list in the line" and deleted provision assigning an officer so appointed the lineal position he would have held had he originally been appointed in and had he remained in the line and provision that such an officer was to be considered an additional number in each grade in which he served.

Subsec. (b). Pub. L. 96–513 substituted "A regular officer" for "Any male officer on the active list" and "the same grade in a staff corps under regulations prescribed by the Secretary of Defense" for "the active list of the Navy in the Supply Corps or the Civil Engineer Corps, in the same grade, without regard to his age."

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

§8135. Regular Marine Corps: order of filling vacancies in grade of second lieutenant

Vacancies on the active-duty list of the Marine Corps in the grade of second lieutenant shall be filled, so far as practicable, first, from members of the graduating class of the Naval Academy; second, from meritorious noncommissioned officers of the Regular Marine Corps; and third, from other persons.

(Aug. 10, 1956, ch. 1041, 70A Stat. 324, §5585; Pub. L. 96–513, title V, §503(29), Dec. 12, 1980, 94 Stat. 2913; renumbered §8135, Pub. L. 115–232, div. A, title VIII, §807(b)(4), Aug. 13, 2018, 132 Stat. 1834.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
5585 34 U.S.C. 634. Mar. 3, 1899, ch. 413, §19, 30 Stat. 1008; Mar. 3, 1903, ch. 1010, 32 Stat. 1198 (1st proviso in 5th par., 48th word to end of proviso).

The words "from other persons" are substituted for the words "from civil life" because 34 U.S.C. 1020e authorizes the appointment of graduates of the NROTC program as well as of other persons in civil life. Such graduates are, properly, persons in "civil life", since they are members of the Naval Reserve who are not on active duty. However, since the status of members of the NROTC is not always clear, the statement of the class is expanded.

Amendments

2018Pub. L. 115–232 renumbered section 5585 of this title as this section.

1980Pub. L. 96–513 substituted "active-duty list" for "active list".

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

[§8137. Repealed. Pub. L. 116–283, div. A, title V, §509(a), Jan. 1, 2021, 134 Stat. 3586]

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 325, §5587; Pub. L. 90–179, §5(2), Dec. 8, 1967, 81 Stat. 547; Pub. L. 90–386, §1(5), July 5, 1968, 82 Stat. 293; Pub. L. 96–513, title III, §324, Dec. 12, 1980, 94 Stat. 2893; renumbered §8137, Pub. L. 115–232, div. A, title VIII, §807(b)(4), Aug. 13, 2018, 132 Stat. 1834, related to regular Navy: officers designated for engineering duty, aeronautical engineering duty, and special duty.

§8138. Regular Marine Corps: judge advocates

With the approval of the Secretary of the Navy, any regular officer on the active-duty list of the Marine Corps who is qualified under section 827(b) of this title may, upon his application, be designated as a judge advocate.

(Added Pub. L. 90–179, §5(3), Dec. 8, 1967, 81 Stat. 548, §5587a; amended Pub. L. 96–513, title V, §503(30), Dec. 12, 1980, 94 Stat. 2913; renumbered §8138, Pub. L. 115–232, div. A, title VIII, §807(b)(4), Aug. 13, 2018, 132 Stat. 1834.)

Amendments

2018Pub. L. 115–232 renumbered section 5587a of this title as this section.

1980Pub. L. 96–513 struck out designation "(a)" before "With the approval of the Secretary", substituted "active-duty list" for "active list", and struck out subsec. (b) which provided that, for the purposes of determining lineal position, permanent grade, seniority in permanent grade, and eligibility for promotion, a person appointed to the active list of the Marine Corps with a view to designation as a judge advocate could be credited with the amount of service prescribed by the Secretary of the Navy, but not more than three years.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

§8139. Regular Navy and Regular Marine Corps: officers designated for limited duty

(a) Original appointments as regular officers of the Navy in a grade below lieutenant commander in the line and in staff corps established by the Secretary of the Navy under section 8090(b) of this title and designated by the Secretary for the purposes of this section may be made from—

(1) warrant officers;

(2) chief petty officers; and

(3) first-class petty officers;


in the Regular Navy, for the performance of duty in the technical fields indicated by their warrants or ratings.

(b) Original appointments as regular officers of the Marine Corps in a grade below major may be made from—

(1) warrant officers;

(2) master sergeants; and

(3) technical sergeants;


in the Regular Marine Corps, for the performance of duty in the technical fields in which they are proficient.

(c)(1) An officer described in paragraph (2) may be given an original appointment as a regular officer of the Navy or the Marine Corps, as the case may be, in the grade, and with the date of rank in that grade, in which the officer is serving on the day before such original appointment.

(2) This subsection applies to an officer of the Navy and Marine Corps who—

(A) is on the active-duty list;

(B) holds a permanent enlisted or warrant officer grade;

(C) is designated for limited duty under subsection (a) of section 8146 of this title; and

(D) is serving in the grade of lieutenant commander or commander, or in the grade of major or lieutenant colonel, under a temporary appointment under subsection (d) of section 8146 of this title.


(d) To be eligible for an appointment under this section a member must have the qualifications specified in section 532(a) of this title and have completed at least 8 years of active naval service, excluding active duty for training in a reserve component.

(e) Each officer appointed under this section is known as an officer designated for limited duty. He may not suffer any reduction in the pay and allowances to which he was entitled at the time of his appointment because of his former permanent status.

(f) Any officer designated for limited duty, upon his application and upon determination by the Secretary of the Navy that he is qualified, may—

(1) if he is in the line of the Navy, be designated for engineering duty, aeronautical engineering duty, or special duty, or be assigned to unrestricted performance of duty;

(2) if he is in a staff corps of the Navy, be assigned to unrestricted performance of duty in that corps; or

(3) if he is in the Marine Corps, be assigned to unrestricted performance of duty.


When an officer is so designated or assigned, his status as an officer designated for limited duty terminates.

(g) The Secretary shall prescribe regulations for the appointment, designation, and assignment of officers under this section.

(Aug. 10, 1956, ch. 1041, 70A Stat. 326, §5589; Pub. L. 87–123, §5(10), Aug. 3, 1961, 75 Stat. 265; Pub. L. 96–513, title III, §325, Dec. 12, 1980, 94 Stat. 2893; Pub. L. 99–433, title V, §514(c)(3), Oct. 1, 1986, 100 Stat. 1055; Pub. L. 103–337, div. A, title V, §502, Oct. 5, 1994, 108 Stat. 2748; renumbered §8139 and amended Pub. L. 115–232, div. A, title V, §512, title VIII, §§807(b)(4), 809(a), Aug. 13, 2018, 132 Stat. 1751, 1834, 1840.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
5589 34 U.S.C. 211c ((a) (less statement of appointing authority), and less (e)–(h)). Aug. 7, 1947, ch. 512, §404 ((a) (less statement of appointing authority), and less (e)–(h)), 61 Stat. 870; Aug. 5, 1949, ch. 402, §1(f), 63 Stat. 568.

In subsections (a) and (b) the authority to make appointments under this section is confined to appointments in the grades of ensign and second lieutenant, since the authority in the source statute to make appointments in higher grades was limited and has been completely executed. The words "commissioned warrant officers" are omitted as surplusage, since the term "warrant officers" includes commissioned warrant officers.

The word "male" is inserted to limit the application of the section to men. Authority to appoint women is covered in §5590 of this title.

Amendments

2018Pub. L. 115–232, §807(b)(4), renumbered section 5589 of this title as this section.

Subsec. (a). Pub. L. 115–232, §809(a), substituted "section 8090(b)" for "section 5150(b)" in introductory provisions.

Subsec. (c)(2)(C), (D). Pub. L. 115–232, §809(a), substituted "section 8146" for "section 5596".

Subsec. (d). Pub. L. 115–232, §512, substituted "8 years" for "10 years".

1994—Subsecs. (c) to (g). Pub. L. 103–337 added subsec. (c) and redesignated former subsecs. (c) to (f) as (d) to (g), respectively.

1986—Subsec. (a). Pub. L. 99–433 substituted "section 5150(b)" for "section 5155(b)".

1980—Subsec. (a). Pub. L. 96–513, §325(1), substituted "as regular officers of the Navy in a grade below lieutenant commander in the line and in staff corps established by the Secretary of the Navy under section 5155(b) of this title and designated by the Secretary for the purposes of this section may be made from" for "to the active list of the Navy in the grade of ensign in the line, in the Supply Corps, and in the Civil Engineer Corps may be made from male".

Subsec. (b). Pub. L. 96–513, §325(2), substituted "as regular officers of the Marine Corps in a grade below major may be made from" for "to the active list of the Marine Corps in the grade of second lieutenant may be made from male".

Subsec. (c). Pub. L. 96–513, §325(3), inserted "the qualifications specified in section 532(a) of this title and have".

1961—Subsec. (e)(3). Pub. L. 87–123 struck out "be designated for supply duty or" before "be assigned to".

Effective Date of 2018 Amendment

Amendment by sections 807(b)(4) and 809(a) of Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

Transition Provisions Under Defense Officer Personnel Management Act

For provisions relating to Regular Navy or Regular Marine Corps officers designated as limited-duty officers under this section prior to September 15, 1981, see section 616 of Pub. L. 96–513, set out as a note under section 611 of this title.

§8146. Navy and Marine Corps: temporary appointments of officers designated for limited duty

(a) Under such regulations as he may prescribe, the Secretary of the Navy may make temporary appointments of officers designated for limited duty in the Regular Navy in grades not above lieutenant and in the Regular Marine Corps in grades not above captain from sources authorized under section 8139 of this title. Such appointments shall be made by warrant if in the grade of warrant officer, W–1, and by commission if in a higher grade.

(b) Temporary appointments under this section do not change the permanent, probationary, or acting status of members so appointed, prejudice them in regard to promotion or appointment, or abridge their rights or benefits. A person receiving a temporary appointment under this section may not suffer any reduction in the pay and allowances to which he was entitled because of his permanent status at the time of his temporary appointment, or any reduction in the pay and allowances to which he was entitled under a prior temporary appointment in a lower grade.

(c) The following members of the naval service are ineligible for temporary appointments under this section:

(1) Retired members.

(2) Members of the Navy Reserve and the Marine Corps Reserve ordered to active duty for training.

(3) Members of the Navy Reserve and the Marine Corps Reserve ordered to active duty in connection with organizing, administering, recruiting, instructing, training, or drilling the Navy Reserve or the Marine Corps Reserve.

(4) Members of the Navy Reserve and the Marine Corps Reserve ordered to temporary active duty to prosecute special work.


(d) Officers designated for limited duty under subsection (a) may be temporarily appointed by the Secretary of the Navy in a higher grade not above commander in the Regular Navy or lieutenant colonel in the Regular Marine Corps under such regulations as the Secretary may prescribe. Regulations prescribed under this section shall to the greatest extent practicable conform to the procedures prescribed in chapter 36 of this title for selection for promotion and promotion to higher permanent grades.

(e) The Secretary of the Navy may terminate any appointment made under this section.

(Aug. 10, 1956, ch. 1041, 70A Stat. 328, §5596; Pub. L. 96–513, title III, §326, Dec. 12, 1980, 94 Stat. 2894; Pub. L. 102–190, div. A, title XI, §1113(c), (d)(2)(A), Dec. 5, 1991, 105 Stat. 1502; Pub. L. 109–163, div. A, title V, §515(b)(1)(G), Jan. 6, 2006, 119 Stat. 3233; renumbered §8146 and amended Pub. L. 115–232, div. A, title VIII, §§807(b)(4), 809(a), Aug. 13, 2018, 132 Stat. 1834, 1840.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
5596(a) 34 U.S.C. 3d. Aug. 7, 1947, ch. 512, §301, 61 Stat. 829; June 30, 1951, ch. 196, §1(b), 65 Stat. 108.
5596(b) 34 U.S.C. 3c(c). Aug. 7, 1947, ch. 512, §302(c), 61 Stat. 830.
5596(c) 34 U.S.C. 3c(h) (less 14th through 53d words). Aug. 7, 1947, ch. 512, §302(h) (less 14th through 53d words), 61 Stat. 830.
5596(d) 34 U.S.C. 135a(a) (last sentence as applicable to temporary appointments). May 29, 1954, ch. 249, §3(a) (3d sentence as applicable to temporary appointments), 68 Stat. 158.
  34 U.S.C. 135c(a) (last sentence as applicable to temporary appointments). May 29, 1954, ch. 249, §5(a) (last sentence as applicable to temporary appointments), 68 Stat. 159.
  34 U.S.C. 330 (last sentence as applicable to temporary promotions). May 29, 1954, ch. 249, §7 (last sentence as applicable to temporary promotions), 68 Stat. 159.
5596(e) 34 U.S.C. 3c(g). Aug. 7, 1947, ch. 512, §302(g), 61 Stat. 830.
  34 U.S.C. 626–1(a). Aug. 7, 1947, ch. 512, §314(a), 61 Stat.863.
5596(f) 34 U.S.C. 3c(e). Aug. 7, 1947, ch. 512, §302(e), 61 Stat. 830.
  34 U.S.C. 135a(b). May 29, 1954, ch. 249, §3(b), 68 Stat. 158.
5596(g) 34 U.S.C. 105j. June 12, 1948, ch. 449, §215, 62 Stat. 370.
  34 U.S.C. 625h(a). June 12, 1948, ch. 449, §213(a), 62 Stat. 369.
  34 U.S.C. 3c(a) (as applicable to meaning of word "officers"). Aug. 7, 1947, ch. 512, §302(a) (as applicable to meaning of word "officers"), 61 Stat. 829.
  34 U.S.C. 3c(h) (14th through 53d words). Aug. 7, 1947, ch. 512, §302(h) (14th through 53d words), 61 Stat. 830.
5596(h) 34 U.S.C. 306h (as applicable to temporary appointments under 34 U.S.C. 3c(c)). Aug. 7, 1947, ch. 512, §316(d) (as applicable to temporary appointments under §302(c)), 61 Stat. 867.

Since appointments under this section are either made, or not made, in the discretion of the President, the proviso of 34 U.S.C. 3d, authorizing the President to suspend the operation of this section with respect to lieutenants (junior grade) and lieutenants in the Navy and first lieutenants and captains in the Marine Corps, is omitted from subsection (a) as unnecessary.

In subsections (b) and (c) the words "and above" have been executed by naming the grades they imply, to wit, chief petty officers and master and technical sergeants. In the statement of the grades to which appointments may be made, the words "including the grades of warrant officer and commissioned warrant officer" are omitted as surplusage. In the list of persons who may be appointed, reference to commissioned warrant officers is omitted because they are included within the term "warrant officers".

In subsection (f) the words "do not change the * * * status" are substituted for the words "appointments * * * shall not be vacated." The word "advancement", the words "in accordance with laws relating to the Regular Navy or Marine Corps", and the words "privileges and gratuities" are omitted as surplusage. The first proviso is omitted as unnecessary in view of the Career Compensation Act of 1949.

In subsection (g)(2) that portion of 34 U.S.C. 3c(a) which excludes officers on the retired list from the definition of the word "officers" is treated as precluding the appointment of such officers under this section. There is no express statement of law making retired enlisted members ineligible for such appointments; however, the context indicates this to be the intent of Congress. In subsection (g)(3) that portion of 34 U.S.C. 3c(a) which excludes officers on active duty for training from the definition of the word "officers" is treated as precluding the appointment of persons on training duty under this section. While there is no statement of law making enlisted members of the Naval Reserve and the Marine Corps Reserve on active duty for training ineligible for appointments under this section, the context indicates this to be the intent of Congress and clause (3) is thus written. The exception as to the Fleet Reserve is omitted as unnecessary inasmuch as, pursuant to the Armed Forces Reserve Act of 1952, the Fleet Reserve is no longer a part of the Naval Reserve but is a separate and distinct component of the Navy.

Amendments

2018Pub. L. 115–232, §807(b)(4), renumbered section 5596 of this title as this section.

Subsec. (a). Pub. L. 115–232, §809(a), substituted "section 8139" for "section 5589".

2006—Subsec. (c)(2) to (4). Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve" wherever appearing.

1991Pub. L. 102–190, §1113(d)(2)(A), struck out "warrant officers and" before "officers designated" in section catchline.

Subsec. (a). Pub. L. 102–190, §1113(c)(1), reorganized subsec. (a), striking out par. (1) relating to warrant officer grades, and striking out par. (2) designation.

Subsec. (d). Pub. L. 102–190, §1113(c)(2), substituted "subsection (a)" for "subsection (a)(2)".

1980—Subsec. (a). Pub. L. 96–513 substituted provisions authorizing the Secretary of the Navy to make temporary appointments in warrant officer grades and of certain officers designated for limited duty for provisions authorizing such appointments only when the number of male officers serving on active duty in the grade of ensign and above in the line of the Navy exceeded the number of male officers on the active list in the line of the Navy.

Subsec. (b). Pub. L. 96–513 redesignated subsec. (f) as (b) and struck out former subsec. (b) which described persons eligible for temporary appointments in the Regular Navy, except in the Nurse Corps, in grades not above lieutenant and in the Regular Marine Corps in grades not above captain.

Subsec. (c). Pub. L. 96–513 redesignated subsec. (g) as (c), struck out provision restricting temporary appointments to male members of the naval service, and struck out former subsec. (c) which described persons eligible for temporary appointments in the Naval Reserve, except in the Nurse Corps, in grades not above lieutenant and in the Marine Corps Reserve in grades not above captain.

Subsec. (d). Pub. L. 96–513 substituted provisions authorizing the Secretary of the Navy to temporarily appoint officers designated for limited duty under subsec. (a)(2) in a higher grade not above commander in the Regular Navy or lieutenant colonel in the Regular Marine Corps for provisions authorizing the Secretary to make temporary appointments in warrant officer grades.

Subsec. (e). Pub. L. 96–513 redesignated subsec. (h) as (e), substituted "Secretary of the Navy" for "President", and struck out former subsec. (e) which provided that the number of persons appointed in the Regular Navy under this section in grades above chief warrant officer, W–4, could not exceed the difference between the actual number of officers on the active list of the Navy in the line or in the staff corps concerned and the authorized number of such officers.

Subsecs. (f) to (h). Pub. L. 96–513 redesignated subsecs. (f), (g), and (h) as (b), (c), and (e), respectively.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1991 Amendment

Amendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

Delegation of Functions

For delegation to Secretary of Defense of authority vested in President by section 3c(g) of former Title 34, see Ex. Ord. No. 10621, July 1, 1955, 20 F.R. 4759, set out as a note under section 301 of Title 3, The President.

Transition Provisions Under Defense Officer Personnel Management Act

For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96–513 and otherwise to allow for an orderly transition to the system of officer personnel management put in place under Pub. L. 96–513, see section 601 et seq. of Pub. L. 96–513, set out as a note under section 611 of this title.