
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: 10USC5721]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
                   CHAPTER 544--TEMPORARY APPOINTMENTS
 
Sec. 5721. Temporary promotions of certain Navy lieutenants

    (a) Promotion Authority for Certain Officers With Critical Skills.--
An officer in the line of the Navy in the grade of lieutenant who--
        (1) has a skill in which the Navy has a critical shortage of 
    personnel (as determined by the Secretary of the Navy); and
        (2) is serving in a position (as determined by the Secretary of 
    the Navy) which (A) is designated to be held by a lieutenant 
    commander, and (B) requires that an officer serving in such position 
    have the skill possessed by such officer,

may be temporarily promoted to the grade of lieutenant commander under 
regulations to be prescribed by the Secretary of the Navy. Appointments 
under this section shall be made by the President, by and with the 
advice and consent of the Senate.
    (b) Status of Officers Appointed.--(1) An appointment under this 
section does not change the position on the active-duty list or the 
permanent, probationary, or acting status of the officer so appointed, 
prejudice the officer in regard to other promotions or appointments, or 
abridge the rights or benefits of the officer.
    (2) For the purposes of section 523 of this title, an officer 
holding an appointment under this section is considered as serving in 
the grade of lieutenant commander.
    (c) Board Recommendation Required.--A temporary promotion under this 
section may be made only upon the recommendation of a board of officers 
convened by the Secretary of the Navy for the purpose of recommending 
officers for such promotions.
    (d) Acceptance and Effective Date of Appointment.--Each appointment 
under this section, unless expressly declined, is, without formal 
acceptance, regarded as accepted on the date such appointment is made, 
and a member so appointed is entitled to the pay and allowances of the 
grade of lieutenant commander from the date the appointment is made.
    (e) Termination of Appointment.--Unless sooner terminated, an 
appointment under this section terminates--
        (1) on the date the officer who received the appointment is 
    promoted to the permanent grade of lieutenant commander; or
        (2) on the date the officer is detached from a position 
    described in subsection (a)(2), unless the officer is on a promotion 
    list to the permanent grade of lieutenant commander, in which case 
    the appointment terminates on the date the officer is promoted to 
    that grade.

    (f) Limitation on Number of Eligible Positions.--(1) An appointment 
under this section may only be made for service in a position designated 
by the Secretary of the Navy for purposes of this section. The number of 
positions so designated may not exceed 325.
    (2) Whenever the Secretary makes a change to the positions 
designated under paragraph (1), the Secretary shall submit notice of the 
change in writing to Congress.

(Added Pub. L. 96-513, title III, Sec. 334, Dec. 12, 1980, 94 Stat. 
2897; amended Pub. L. 98-94, title IV, Sec. 403, Sept. 24, 1983, 97 
Stat. 629; Pub. L. 98-525, title V, Sec. 514, Oct. 19, 1984, 98 Stat. 
2522; Pub. L. 99-661, div. A, title V, Sec. 503, Nov. 14, 1986, 100 
Stat. 3864; Pub. L. 100-180, div. A, title V, Sec. 501(a), Dec. 4, 1987, 
101 Stat. 1085; Pub. L. 101-189, div. A, title V, Sec. 512(a), Nov. 29, 
1989, 103 Stat. 1439; Pub. L. 102-484, div. A, title V, Sec. 507, Oct. 
23, 1992, 106 Stat. 2405; Pub. L. 103-160, div. A, title V, Sec. 508(a), 
Nov. 30, 1993, 107 Stat. 1647; Pub. L. 104-106, div. A, title V, 
Sec. 508(a), (b), (d), Feb. 10, 1996, 110 Stat. 296, 297; Pub. L. 104-
201, div. A, title V, Sec. 503, Sept. 23, 1996, 110 Stat. 2511.)


                               Amendments

    1996--Subsec. (a). Pub. L. 104-201, Sec. 503(a), (c), substituted 
``Officers'' for ``Officer'' in heading and ``the President, by and with 
the advice and consent of the Senate'' for ``the President alone'' in 
concluding provisions.
    Pub. L. 104-106, Sec. 508(d)(1), inserted heading.
    Subsecs. (b) to (e). Pub. L. 104-106, Sec. 508(d)(2)-(5), inserted 
headings.
    Subsec. (f). Pub. L. 104-106, Sec. 508(b)(2), added subsec. (f). 
Former subsec. (f) redesignated (g).
    Pub. L. 104-106, Sec. 508(a), substituted ``September 30, 1996'' for 
``September 30, 1995''.
    Subsec. (g). Pub. L. 104-201, Sec. 503(b), struck out subsec. (g) 
which read as follows: ``Termination of Appointment Authority.--The 
authority to make appointments under this section terminates on 
September 30, 1996.''
    Pub. L. 104-106, Sec. 508(d)(6), inserted heading.
    Pub. L. 104-106, Sec. 508(b)(1), redesignated subsec. (f) as (g).
    1993--Subsec. (f). Pub. L. 103-160 substituted ``September 30, 
1995'' for ``September 30, 1993''.
    1992--Subsec. (f). Pub. L. 102-484 substituted ``September 30, 
1993'' for ``September 30, 1992''.
    1989--Subsec. (f). Pub. L. 101-189 substituted ``September 30, 
1992'' for ``September 30, 1989''.
    1987--Subsec. (f). Pub. L. 100-180 substituted ``September 30, 
1989'' for ``September 30, 1987''.
    1986--Subsec. (f). Pub. L. 99-661 substituted ``September 30, 1987'' 
for ``September 30, 1986''.
    1984--Subsec. (f). Pub. L. 98-525 substituted ``September 30, 1986'' 
for ``September 30, 1984''.
    1983--Subsec. (f). Pub. L. 98-94 substituted ``September 30, 1984'' 
for ``September 30, 1983''.


                    Effective Date of 1996 Amendment

    Section 508(e) of Pub. L. 104-106 provided that: ``Subsection (f) of 
section 5721 of title 10, United States Code, as added by subsection 
(b)(2), shall take effect at the end of the 30-day period beginning on 
the date of the enactment of this Act [Feb. 10, 1996] and shall apply to 
any appointment under that section after the end of such period.''


                    Effective Date of 1993 Amendment

    Section 508(b) of Pub. L. 103-160 provided that: ``The amendment 
made by subsection (a) [amending this section] shall take effect as of 
September 30, 1993.''


                    Effective Date of 1992 Amendment

    Section 507 of Pub. L. 102-484 provided that the amendment made by 
that section is effective Sept. 29, 1992.


                             Effective Date

    Section effective Sept. 15, 1981, but the authority to prescribe 
regulations under under this section 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.


                            Savings Provision

    Section 512(b) of Pub. L. 101-189 provided that:
    ``(1) The Secretary of the Navy shall provide, in the case of an 
officer appointed to the grade of lieutenant commander on or after the 
date of the enactment of this Act [Nov. 29, 1989] under an appointment 
described in paragraph (2), that the date of rank of such officer under 
that appointment shall be the date of rank that would have applied to 
the appointment had the authority referred to in that paragraph not 
lapsed.
    ``(2) An appointment referred to in paragraph (1) is an appointment 
under 5721 of title 10, United States Code, that (as determined by the 
Secretary of the Navy) would have been made during the period beginning 
on October 1, 1989, and ending on the date of the enactment of this Act 
had the authority to make appointments under that section not lapsed 
during such period.''

    Similar provisions were contained in the following prior 
authorization act:
    Pub. L. 100-180, div. A, title V, Sec. 501(b), Dec. 4, 1987, 101 
Stat. 1085.

                         Delegation of Functions

    Functions of President under subsec. (c) to make certain temporary 
appointments to grade of lieutenant commander delegated to Secretary of 
Defense to perform, without approval, ratification, or other action by 
President, and with authority for Secretary to redelegate, see Ex. Ord. 
No. 12396, Secs. 1(d), 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set out as 
a note under section 301 of Title 3, The President.


  Transition Provisions Under Defense Officer Personnel Management Act

    For provision that any officer who on September 15, 1981 holds a 
temporary appointment in the grade of lieutenant commander under former 
section 5787d of this title, shall on and after that date be considered 
to be serving in such grade as if the appointment had been made under 
this section, see section 617 of Pub. L. 96-513, set out as a note under 
section 611 of this title.
