
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC5596]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
                   CHAPTER 539--ORIGINAL APPOINTMENTS
 
Sec. 5596. 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 5589 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 Naval Reserve and the Marine Corps Reserve 
    ordered to active duty for training.
        (3) Members of the Naval Reserve and the Marine Corps Reserve 
    ordered to active duty in connection with organizing, administering, 
    recruiting, instructing, training, or drilling the Naval Reserve or 
    the Marine Corps Reserve.
        (4) Members of the Naval 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; Pub. L. 96-513, title III, 
Sec. 326, Dec. 12, 1980, 94 Stat. 2894; Pub. L. 102-190, div. A, title 
XI, Sec. 1113(c), (d)(2)(A), Dec. 5, 1991, 105 Stat. 1502.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
5596(a)...............................  34 U.S.C. 3d.                        Au
g. 7, 1947, ch. 512, Sec.  301,
                                                                              6
1 Stat. 829; June 30, 1951, ch.
                                                                              1
96, Sec.  1(b), 65 Stat. 108.
5596(b)...............................  34 U.S.C. 3c(c).                     Au
g. 7, 1947, ch. 512, Sec.
                                                                              3
02(c), 61 Stat. 830.
5596(c)...............................  34 U.S.C. 3c(h) (less 14th through   Au
g. 7, 1947, ch. 512, Sec.  302(h)
                                         53d words).                          (
less 14th through 53d words), 61
                                                                              S
tat. 830.
5596(d)...............................  34 U.S.C. 135a(a) (last sentence as  Ma
y 29, 1954, ch. 249, Sec.  3(a)
                                         applicable to temporary              (
3d sentence as applicable to
                                         appointments).                       t
emporary appointments), 68 Stat.
                                                                              1
58.
                                        34 U.S.C. 135c(a) (last sentence as  Ma
y 29, 1954, ch. 249, Sec.  5(a)
                                         applicable to temporary              (
last sentence as applicable to
                                         appointments).                       t
emporary appointments), 68 Stat.
                                                                              1
59.
                                        34 U.S.C. 330 (last sentence as      Ma
y 29, 1954, ch. 249, Sec.  7
                                         applicable to temporary              (
last sentence as applicable to
                                         promotions).                         t
emporary promotions), 68 Stat.
                                                                              1
59.
5596(e)...............................  34 U.S.C. 3c(g).                     Au
g. 7, 1947, ch. 512, Sec.
                                                                              3
02(g), 61 Stat. 830.
                                        34 U.S.C. 626-1(a).                  Au
g. 7, 1947, ch. 512, Sec.
                                                                              3
14(a), 61 Stat.863.
5596(f)...............................  34 U.S.C. 3c(e).                     Au
g. 7, 1947, ch. 512, Sec.
                                                                              3
02(e), 61 Stat. 830.
                                        34 U.S.C. 135a(b).                   Ma
y 29, 1954, ch. 249, Sec.  3(b),
                                                                              6
8 Stat. 158.
5596(g)...............................  34 U.S.C. 105j.                      Ju
ne 12, 1948, ch. 449, Sec.  215,
                                                                              6
2 Stat. 370.
                                        34 U.S.C. 625h(a).                   Ju
ne 12, 1948, ch. 449, Sec.
                                                                              2
13(a), 62 Stat. 369.
                                        34 U.S.C. 3c(a) (as applicable to    Au
g. 7, 1947, ch. 512, Sec.  302(a)
                                         meaning of word ``officers'').       (
as applicable to meaning of word
                                                                              `
`officers''), 61 Stat. 829.
                                        34 U.S.C. 3c(h) (14th through 53d    Au
g. 7, 1947, ch. 512, Sec.  302(h)
                                         words).                              (
14th through 53d words), 61 Stat.
                                                                              8
30.
5596(h)...............................  34 U.S.C. 306h (as applicable to     Au
g. 7, 1947, ch. 512, Sec.  316(d)
                                         temporary appointments under 34      (
as applicable to temporary
                                         U.S.C. 3c(c)).                       a
ppointments under Sec.  302(c)),
                                                                              6
1 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

    1991--Pub. L. 102-190, Sec. 1113(d)(2)(A), struck out ``warrant 
officers and'' before ``officers designated'' in section catchline.
    Subsec. (a). Pub. L. 102-190, Sec. 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, Sec. 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 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 532, 631, 632, 633, 5589, 
6383 of this title.
