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10 USC CHAPTER 35 - TEMPORARY APPOINTMENTS IN OFFICER

GRADES 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 35 - TEMPORARY APPOINTMENTS IN OFFICER GRADES

.

-HEAD-

CHAPTER 35 - TEMPORARY APPOINTMENTS IN OFFICER GRADES

-MISC1-

Sec.

601. Positions of importance and responsibility: generals and

lieutenant generals; admirals and vice admirals.

(602. Repealed.)

603. Appointments in time of war or national emergency.

604. Senior joint officer positions: recommendations to the

Secretary of Defense.

AMENDMENTS

1994 - Pub. L. 103-337, div. A, title IV, Sec. 405(c)(2), Oct.

5, 1994, 108 Stat. 2745, added item 604.

1991 - Pub. L. 102-190, div. A, title XI, Sec. 1113(d)(1)(B),

Dec. 5, 1991, 105 Stat. 1502, struck out item 602 ''Warrant

officers: temporary promotions'' and substituted ''Appointments in

time of war or national emergency'' for ''Commissioned officer

grades: time of war or national emergency'' in item 603.

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10 USC Sec. 601 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 35 - TEMPORARY APPOINTMENTS IN OFFICER GRADES

-HEAD-

Sec. 601. Positions of importance and responsibility: generals and

lieutenant generals; admirals and vice admirals

-STATUTE-

(a) The President may designate positions of importance and

responsibility to carry the grade of general or admiral or

lieutenant general or vice admiral. The President may assign to

any such position an officer of the Army, Navy, Air Force, or

Marine Corps who is serving on active duty in any grade above

colonel or, in the case of an officer of the Navy, any grade above

captain. An officer assigned to any such position has the grade

specified for that position if he is appointed to that grade by the

President, by and with the advice and consent of the Senate. Except

as provided in subsection (b), the appointment of an officer to a

grade under this section for service in a position of importance

and responsibility ends on the date of the termination of the

assignment of the officer to that position.

(b) An officer who is appointed to the grade of general, admiral,

lieutenant general, or vice admiral for service in a position

designated under subsection (a) or by law to carry that grade shall

continue to hold that grade -

(1) while serving in that position;

(2) while under orders transferring him to another position

designated under subsection (a) or by law to carry one of those

grades, beginning on the day his assignment to the first position

is terminated and ending on the day before the day on which he

assumes the second position;

(3) while hospitalized, beginning on the day of the

hospitalization and ending on the day he is discharged from the

hospital, but not for more than 180 days; and

(4) while awaiting retirement, beginning on the day he is

relieved from the position designated under subsection (a) or by

law to carry one of those grades and ending on the day before his

retirement, but not for more than 60 days.

(c)(1) An appointment of an officer under subsection (a) does not

vacate the permanent grade held by the officer.

(2) An officer serving in a grade above major general or rear

admiral who holds the permanent grade of brigadier general or rear

admiral (lower half) shall be considered for promotion to the

permanent grade of major general or rear admiral, as appropriate,

as if he were serving in his permanent grade.

(d)(1) When an officer is recommended to the President for an

initial appointment to the grade of lieutenant general or vice

admiral, or for an initial appointment to the grade of general or

admiral, the Chairman of the Joint Chiefs of Staff shall submit to

the Secretary of Defense the Chairman's evaluation of the

performance of that officer as a member of the Joint Staff and in

other joint duty assignments. The Secretary of Defense shall

submit the Chairman's evaluation to the President at the same time

the recommendation for the appointment is submitted to the

President.

(2) Whenever a vacancy occurs in a position within the Department

of Defense that the President has designated as a position of

importance and responsibility to carry the grade of general or

admiral or lieutenant general or vice admiral or in an office that

is designated by law to carry such a grade, the Secretary of

Defense shall inform the President of the qualifications needed by

an officer serving in that position or office to carry out

effectively the duties and responsibilities of that position or

office.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2849; amended Pub. L. 97-86, title IV, Sec. 405(b)(1), Dec. 1,

1981, 95 Stat. 1105; Pub. L. 98-525, title V, Sec. 523, Oct. 19,

1984, 98 Stat. 2523; Pub. L. 99-145, title V, Sec. 514(b)(1), Nov.

8, 1985, 99 Stat. 628; Pub. L. 99-433, title IV, Sec. 403, Oct. 1,

1986, 100 Stat. 1031; Pub. L. 102-190, div. A, title V, Sec.

502(a), Dec. 5, 1991, 105 Stat. 1354; Pub. L. 104-106, div. A,

title IV, Sec. 403(c), Feb. 10, 1996, 110 Stat. 287.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-106, Sec. 403(c)(1), in

introductory provisions substituted ''designated under subsection

(a) or by law'' for ''of importance and responsibility

designated''.

Subsec. (b)(1). Pub. L. 104-106, Sec. 403(c)(2), struck out ''of

importance and responsibility'' after ''position''.

Subsec. (b)(2). Pub. L. 104-106, Sec. 403(c)(3), substituted

''designated under subsection (a) or by law'' for ''designating''.

Subsec. (b)(4). Pub. L. 104-106, Sec. 403(c)(4), inserted ''under

subsection (a) or by law'' after ''designated''.

1991 - Subsec. (b)(4). Pub. L. 102-190 substituted ''60 days''

for ''90 days''.

1986 - Subsec. (d). Pub. L. 99-433 added subsec. (d).

1985 - Subsec. (c)(2). Pub. L. 99-145 substituted ''rear admiral

(lower half)'' for ''commodore''.

1984 - Subsec. (b). Pub. L. 98-525 amended subsec. (b) generally,

which prior to amendment had provided that if the assignment of an

officer who was serving in a position designated to carry the grade

of general, admiral, lieutenant general, or vice admiral was

terminated (1) by the assignment of such officer to another

position designated to carry one of those grades, such officers

would hold, during the period beginning on the day of that

termination and ending on the day before the day on which he

assumed the other position, the grade that he had held on the day

before the termination; (2) by the hospitalization of such officer,

such officer would hold, during the period beginning on the day of

that termination and ending on the day he was discharged from the

hospital, but not for more than 180 days, the grade that he had

held on the day before the termination; or (3) by the retirement of

such officer, such officer would hold, during the period beginning

on the day of that termination and ending on the day before his

retirement, but not for more than 90 days, the grade that he had

held on the day before the termination.

1981 - Subsec. (c)(2). Pub. L. 97-86 substituted ''commodore''

for ''commodore admiral''.

EFFECTIVE DATE OF 1991 AMENDMENT

Section 502(b) of Pub. L. 102-190 provided that: ''The amendment

made by subsection (a) (amending this section) shall take effect on

the first day of the first month that begins more than 90 days

after the date of the enactment of this Act (Dec. 5, 1991).''

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-86 effective Sept. 15, 1981, see section

405(f) of Pub. L. 97-86, set out as a note under section 101 of

this title.

EFFECTIVE DATE

Chapter effective Sept. 15, 1981, but the authority to prescribe

regulations under this chapter effective on Dec. 12, 1980, see

section 701 of Pub. L. 96-513, set out as an Effective Date of 1980

Amendment note under section 101 of this title.

TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT

ACT

For provisions relating to temporary appointments of officers

serving in grades above major general or rear admiral, see section

623 of Pub. L. 96-513, set out as a note under section 611 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 164, 203, 441, 525, 720,

6325 of this title.

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10 USC Sec. 602 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 35 - TEMPORARY APPOINTMENTS IN OFFICER GRADES

-HEAD-

(Sec. 602. Repealed. Pub. L. 102-190, div. A, title XI, Sec.

1113(a), Dec. 5, 1991, 105 Stat. 1502)

-MISC1-

Section, Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94

Stat. 2849, related to temporary promotions of warrant officers.

EFFECTIVE DATE OF REPEAL

Repeal effective Feb. 1, 1992, see section 1132 of Pub. L.

102-190, set out as an Effective Date of 1991 Amendment note under

section 521 of this title.

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10 USC Sec. 603 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 35 - TEMPORARY APPOINTMENTS IN OFFICER GRADES

-HEAD-

Sec. 603. Appointments in time of war or national emergency

-STATUTE-

(a) In time of war, or of national emergency declared by the

Congress or the President after November 30, 1980, the President

may appoint any qualified person (whether or not already a member

of the armed forces) to any officer grade in the Army, Navy, Air

Force, or Marine Corps, except that appointments under this section

may not be made in grades above major general or rear admiral.

Appointments under this section shall be made by the President

alone, except that an appointment in the grade warrant officer,

W-1, shall be made by warrant by the Secretary concerned.

(b) Any appointment under this section is a temporary appointment

and may be vacated by the President at any time.

(c)(1) Any person receiving an original appointment under this

section is entitled to service credit as authorized under section

533 of this title.

(2) An appointment under this section of a person who is not on

active duty becomes effective when that person begins active duty

under that appointment.

(d) An appointment under this section does not change the

permanent status of a member of the armed forces so appointed. A

member who is appointed under this section shall not incur any

reduction in the pay and allowances to which the member was

entitled, by virtue of his permanent status, at the time of his

appointment under this section.

(e)(1) An officer who receives an appointment to a higher grade

under this section is considered to have accepted such appointment

on the date of the order announcing the appointment unless he

expressly declines the appointment.

(2) An officer who has served continuously since he subscribed to

the oath of office prescribed in section 3331 of title 5 is not

required to take a new oath upon appointment to a higher grade

under this section.

(f) Unless sooner terminated, an appointment under this section

terminates on the earliest of the following:

(1) The second anniversary of the appointment.

(2) The end of the six-month period beginning on the last day

of the war or national emergency during which the appointment was

made.

(3) The date the person appointed is released from active duty.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12. 1980, 94 Stat.

2850; amended Pub. L. 101-189, div. A, title VI, Sec. 653(a)(2),

Nov. 29, 1989, 103 Stat. 1462; Pub. L. 102-190, div. A, title XI,

Sec. 1113(b), (d)(1)(A), Dec. 5, 1991, 105 Stat. 1502.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-190, Sec. 1113(d)(1)(A), substituted

''Appointments in time of war or national emergency'' for

''Commissioned officer grades: time of war or national emergency''

in section catchline.

Subsec. (a). Pub. L. 102-190, Sec. 1113(b), struck out

''commissioned'' before ''officer grade in the Army'' and ''in

warrant officer grades or'' before ''in grades above major

general'' and inserted before period at end '', except that an

appointment in the grade warrant officer, W-1, shall be made by

warrant by the Secretary concerned''.

1989 - Subsec. (f). Pub. L. 101-189 substituted ''terminates on

the earliest of the following:'' for ''terminates - '' in

introductory provisions, and made numerous amendments to style and

punctuation. Prior to amendment, subsec. (f) read as follows:

''Unless sooner terminated, an appointment under this section

terminates -

''(1) on the second anniversary of the appointment;

''(2) at the end of the six-month period beginning on the last

day of the war or national emergency during which the appointment

was made; or

''(3) on the date the person appointed is released from active

duty;

whichever is earliest.''

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.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under subsecs. (a) and (b) to make or

vacate certain temporary commissioned appointments delegated to

Secretary of Defense to perform during a time of war or national

emergency, without approval, ratification, or other action by

President, and with authority for Secretary to redelegate, provided

that, during a national emergency declared by President, exercise

of any such authority be specifically directed by President in

accordance with section 1631 of Title 50, War and National Defense,

and that Secretary ensure any authority so delegated be accounted

for as required by section 1641 of Title 50, see Ex. Ord. No.

12396, Sec. 2, 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set out as a

note under section 301 of Title 3, The President.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6325 of this title.

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10 USC Sec. 604 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 35 - TEMPORARY APPOINTMENTS IN OFFICER GRADES

-HEAD-

Sec. 604. Senior joint officer positions: recommendations to the

Secretary of Defense

-STATUTE-

(a) Joint 4-Star Officer Positions. - (1) Whenever a vacancy

occurs, or is anticipated to occur, in a position specified in

subsection (b) -

(A) the Secretary of Defense shall require the Secretary of the

Army to submit the name of at least one Army officer, the

Secretary of the Navy to submit the name of at least one Navy

officer and the name of at least one Marine Corps officer, and

the Secretary of the Air Force to submit the name of at least one

Air Force officer for consideration by the Secretary for

recommendation to the President for appointment to that position;

and

(B) the Chairman of the Joint Chiefs of Staff may submit to the

Secretary of Defense the name of one or more officers (in

addition to the officers whose names are submitted pursuant to

subparagraph (A)) for consideration by the Secretary for

recommendation to the President for appointment to that position.

(2) Whenever the Secretaries of the military departments are

required to submit the names of officers under paragraph (1)(A),

the Chairman of the Joint Chiefs of Staff shall submit to the

Secretary of Defense the Chairman's evaluation of the performance

of each officer whose name is submitted under that paragraph (and

of any officer whose name the Chairman submits to the Secretary

under paragraph (1)(B) for consideration for the same vacancy).

The Chairman's evaluation shall primarily consider the performance

of the officer as a member of the Joint Staff and in other joint

duty assignments, but may include consideration of other aspects of

the officer's performance as the Chairman considers appropriate.

(b) Covered Positions. - Subsection (a) applies to the following

positions:

(1) Commander of a combatant command.

(2) Commander, United States Forces, Korea.

(3) Deputy commander, United States European Command, but only

if the commander of that command is also the Supreme Allied

Commander, Europe.

(c) Expiration. - This section shall cease to be effective at the

end of December 31, 2004.

-SOURCE-

(Added Pub. L. 103-337, div. A, title IV, Sec. 405(c)(1), Oct. 5,

1994, 108 Stat. 2745; amended Pub. L. 104-201, div. A, title IV,

Sec. 404(a), Sept. 23, 1996, 110 Stat. 2506; Pub. L. 106-65, div.

A, title V, Sec. 509(a), Oct. 5, 1999, 113 Stat. 592; Pub. L.

107-314, div. A, title IV, Sec. 405(a), Dec. 2, 2002, 116 Stat.

2526.)

-MISC1-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-314 substituted ''December 31,

2004'' for ''September 30, 2003''.

1999 - Subsec. (c). Pub. L. 106-65 substituted ''September 30,

2003'' for ''September 30, 2000''.

1996 - Subsec. (c). Pub. L. 104-201 substituted ''September 30,

2000'' for ''September 30, 1997''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 525 of this title.

-CITE-