
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC5587]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
                   CHAPTER 539--ORIGINAL APPOINTMENTS
 
Sec. 5587. Regular Navy: officers designated for engineering 
        duty, aeronautical engineering duty, and special duty
        
    (a) Persons may be originally appointed in the line of the Navy as 
regular officers designated for engineering duty, aeronautical 
engineering duty, or special duty.
    (b) With the approval of the Secretary, a regular officer in the 
line of the Navy may, upon his application, be designated for 
engineering duty, aeronautical engineering duty, or special duty.
    (c) The types of engineering duty for which officers may be 
designated include ship engineering and ordnance engineering. The types 
of aeronautical engineering duty for which officers may be designated 
include aeronautical engineering and aviation maintenance. The types of 
special duty for which officers may be designated include 
communications, law, naval intelligence, photography, public affairs, 
psychology, geophysics, cryptography, and hydrography.
    (d) Officers designated for engineering duty, aeronautical 
engineering duty, or special duty shall perform sea or shore duty 
appropriate to their special qualifications but may not succeed to 
command except on shore and then only as authorized by the Secretary.

(Aug. 10, 1956, ch. 1041, 70A Stat. 325; Pub. L. 90-179, Sec. 5(2), Dec. 
8, 1967, 81 Stat. 547; Pub. L. 90-386, Sec. 1(5), July 5, 1968, 82 Stat. 
293; Pub. L. 96-513, title III, Sec. 324, Dec. 12, 1980, 94 Stat. 2893.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
5587..................................  34 U.S.C. 77 (less statement of      Au
g. 7, 1947, ch. 512, Sec.  408
                                         appointing authority).               (
less statement of appointing
                                                                              a
uthority), 61 Stat. 873.
                                        34 U.S.C. 71, 73.                    Au
g. 29, 1916, ch. 417, 39 Stat.
                                                                              5
80 (words preceding 3d proviso of
                                                                              1
st par. under ``Officers for
                                                                              E
ngineering Duty Only''); May 11,
                                                                              1
928, ch. 522, 45 Stat. 498; Aug.
                                                                              7
, 1947, ch. 512, Sec.  402(a),
                                                                              (
c), 61 Stat. 870.
                                        34 U.S.C. 78 (less (b)).             Au
g. 7, 1947, ch. 512, Sec.  403
                                                                              (
less (b)), 61 Stat. 870.
                                        34 U.S.C. 211b (less (b)).           Au
g. 7, 1947, ch. 512, Sec.  401
                                                                              (
less (b)), 61 Stat. 869.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a) the word ``annually'' and the words ``and 
regularly commission'' are omitted as surplusage. The word ``male'' is 
inserted in subsection (a) to limit the application of the appointing 
authority in this subsection to men. Authority to appoint women is 
covered in Sec. 5590 of this title.
    In subsection (b) the words ``on the active list'' are inserted in 
order to exclude reserve and temporary officers, which is the intention 
of Congress determined from the use of the words ``additional numbers in 
grade'' and ``percentage of officers on the active list'' which apply 
only to regular officers holding permanent appointments. In the same 
subsection and in subsections (c) and (d) the provisions of the law that 
these officers are assigned to a certain duty and then ``described and 
known as officers designated'' for that duty have been written simply as 
providing that these officers may be ``designated'' for that duty. This 
is done as there is no apparent reason for any distinction between these 
officers and those appointed under subsection (a). In subsection (c) the 
words ``specialized duties in the fields of'' are omitted as surplusage.


                               Amendments

    1980--Subsec. (a). Pub. L. 96-513, Sec. 324(a), substituted 
provision allowing the appointment of ``persons'' in the line of the 
Navy as regular officers for provision allowing the appointment of males 
only to the active list in the line of the Navy as officers, struck out 
provision specifying the rank designation of appointees, and struck out 
provision limiting the number of appointments under subsec. (a) to the 
number of vacancies that the Secretary of the Navy estimated would occur 
in a particular fiscal year in the grades and designations concerned.
    Subsec. (b). Pub. L. 96-513, Sec. 324(b), substituted ``a regular 
officer'' for ``any officer on the active list''.
    Subsec. (c). Pub. L. 96-513, Sec. 324(c), substituted ``public 
affairs, psychology, geophysics, cryptography'' for ``public 
information, psychology''.
    Subsec. (d). Pub. L. 96-513, Sec. 324(d), struck out ``are 
additional numbers in grade. They'' after ``special duty''.
    1968--Subsec. (c). Pub. L. 90-386 enumerated the types of 
engineering duty and aeronautical engineering duty for which officers 
may be designated.
    1967--Subsec. (c). Pub. L. 90-179 struck out ``law,'' after 
``communications,''.


                    Effective Date of 1980 Amendment

    Amendment of 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.
