2013 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part II - PERSONNEL (§§ 501 - 1805)
Chapter 35 - TEMPORARY APPOINTMENTS IN OFFICER GRADES (§§ 601 - 604)
Section 603 - Appointments in time of war or national emergency
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 35 - TEMPORARY APPOINTMENTS IN OFFICER GRADES Sec. 603 - Appointments in time of war or national emergency |
Contains | section 603 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 96-513, title I, §105, Dec. 12, 1980, 94 Stat. 2850; amended Pub. L. 101-189, div. A, title VI, §653(a)(2), Nov. 29, 1989, 103 Stat. 1462; Pub. L. 102-190, div. A, title XI, §1113(b), (d)(1)(A), Dec. 5, 1991, 105 Stat. 1502. |
Presidential Document Number References | Executive Order 12396, Proclamation 7463 September 14, 2001 |
Statutes at Large References | 94 Stat. 2850 103 Stat. 1462 105 Stat. 1502 |
Public Law References | Public Law 96-513, Public Law 101-189, Public Law 102-190 |
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(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.
(Added Pub. L. 96–513, title I, §105, Dec. 12, 1980, 94 Stat. 2850; amended Pub. L. 101–189, div. A, title VI, §653(a)(2), Nov. 29, 1989, 103 Stat. 1462; Pub. L. 102–190, div. A, title XI, §1113(b), (d)(1)(A), Dec. 5, 1991, 105 Stat. 1502.)
AMENDMENTS1991—Pub. L. 102–190, §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, §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 AMENDMENTAmendment 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.
DELEGATION OF FUNCTIONSFunctions 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, §§2, 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set out as a note under section 301 of Title 3, The President.
EX. ORD. NO. 13321. APPOINTMENTS DURING NATIONAL EMERGENCYEx. Ord. No. 13321, Dec. 17, 2003, 68 F.R. 74465, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code, and in order to further respond to the national emergency I declared in Proclamation 7463 of September 14, 2001 [50 U.S.C. 1621 note], I hereby order as follows:
George W. Bush.
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