10 U.S.C. § 531
10 U.S.C. § 531
EDITORIAL NOTES
AMENDMENTS2023-Pub. L. 118-31 struck out "Regular" before "Space Force" wherever appearing. 2021-Subsec. (a)(1). Pub. L. 116-283, §924(b) (13)(A), substituted "in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy, and in the equivalent grades in the Regular Space Force" for "and in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy".Subsec. (a)(2). Pub. L. 116-283, §924(b) (13)(B), substituted "in the grades of lieutenant commander, commander, and captain in the Regular Navy, and in the equivalent grades in the Regular Space Force" for "and in the grades of lieutenant commander, commander, and captain in the Regular Navy". Subsec. (c). Pub. L. 116-283, §924(b)(4)(A), substituted "Regular Marine Corps, or Regular Space Force" for "or Regular Marine Corps". 2019-Subsec. (c). Pub. L. 116-92 substituted "the Secretary of Defense" for "the Secretary concerned". 2004-Subsec. (a). Pub. L. 108-375, §501(a)(4), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "Original appointments in the grades of second lieutenant through colonel in the Regular Army, Regular Air Force, and Regular Marine Corps and in the grades of ensign through captain in the Regular Navy shall be made by the President, by and with the advice and consent of the Senate."Subsec. (c). Pub. L. 108-375, §501(c)(5), added subsec. (c). 1981-Pub. L. 97-22 designated existing provisions as subsec. (a) and added subsec. (b).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108-375, div. A, title V, §501(g), Oct. 28, 2004, 118 Stat. 1875, provided that:"(1) Except as provided in paragraph (2), the amendments made by this section [enacting section 647 of this title, amending this section and sections 532, 619, 641, 1174, 2114, 12201, 12203, and 12731 of this title, and repealing section 522 of this title] shall take effect on the first day of the first month beginning more than 180 days after the date of the enactment of this Act [Oct. 28, 2004]. "(2) The amendment made by subsection (a)(1) [amending section 532 of this title] shall take effect on May 1, 2005."
EFFECTIVE DATESection 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 ACTFor 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.
PROGRAM TO INCREASE USE OF CERTAIN NURSES BY MILITARY DEPARTMENTS Pub. L. 101-189, div. A, title VII, §708, Nov. 29, 1989, 103 Stat. 1475, provided that:"(a) PROGRAM REQUIRED.-(1) Not later than September 30, 1991, the Secretary of each military department shall implement a program to appoint persons who have an associate degree or diploma in nursing (but have not received a baccalaureate degree in nursing) as officers and to assign such officers to duty as nurses."(2) An officer appointed pursuant to the program required by subsection (a) shall be appointed in a warrant officer grade or in a commissioned grade not higher than O-3. Such officer may not be promoted above the grade of O-3 unless the officer receives a baccalaureate degree in nursing."(b) REPORT ON IMPLEMENTATION.-Not later than April 1, 1990, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the actions taken by the Secretaries of the military departments to implement the program required by this section."
EXECUTIVE DOCUMENTS
EX. ORD. NO. 13384. ASSIGNMENT OF FUNCTIONS RELATING TO ORIGINAL APPOINTMENTS AS COMMISSIONED OFFICERS AND CHIEF WARRANT OFFICER APPOINTMENTS IN THE ARMED FORCESEx. Ord. No. 13384, July 27, 2005, 70 F.R. 43739, provided:By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, it is hereby ordered as follows:SECTION 1. Assignment of Functions to the Secretary of Defense. The Secretary of Defense shall perform the functions of the President under the following provisions of title 10, United States Code:(a) subsection 531(a)(1); and(b) the second sentence of subsection 571(b).SEC. 2. Reassignment of Functions Assigned. The Secretary of Defense may not reassign the functions assigned to him by this order.SEC. 3. General Provisions. (a) Nothing in this order shall be construed to limit or otherwise affect the authority of the President as Commander in Chief of the Armed Forces of the United States, or under the Constitution and laws of the United States to nominate or to make or terminate appointments.(b) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, entities, officers, employees or agents, or any other person.George W. Bush.
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- active-duty list
- The term "active-duty list" means a single list for the Army, Navy, Air Force, Marine Corps, or Space Force (required to be maintained under section 620 of this title) which contains the names of all officers of that armed force, other than officers described in section 641 of this title, who are serving on active duty.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- commissioned officer
- The term "commissioned officer" includes a commissioned warrant officer.
- grade
- The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
- military departments
- The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
- officer
- The term "officer" means a commissioned or warrant officer.
- warrant officer
- The term "warrant officer" means a person who holds a commission or warrant in a warrant officer grade.