
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: 10USC601]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
          CHAPTER 35--TEMPORARY APPOINTMENTS IN OFFICER GRADES
 
Sec. 601. Positions of importance and responsibility: generals 
        and lieutenant generals; admirals and vice admirals
        
    (a) The President may designate positions of importance and 
responsibility to carry the grade of general or admiral or lieutenant 
general or vice admiral. The President may assign to any such position 
an officer of the Army, Navy, Air Force, or Marine Corps who is serving 
on active duty in any grade above colonel or, in the case of an officer 
of the Navy, any grade above captain. An officer assigned to any such 
position has the grade specified for that position if he is appointed to 
that grade by the President, by and with the advice and consent of the 
Senate. Except as provided in subsection (b), the appointment of an 
officer to a grade under this section for service in a position of 
importance and responsibility ends on the date of the termination of the 
assignment of the officer to that position.
    (b) An officer who is appointed to the grade of general, admiral, 
lieutenant general, or vice admiral for service in a position designated 
under subsection (a) or by law to carry that grade shall continue to 
hold that grade--
        (1) while serving in that position;
        (2) while under orders transferring him to another position 
    designated under subsection (a) or by law to carry one of those 
    grades, beginning on the day his assignment to the first position is 
    terminated and ending on the day before the day on which he assumes 
    the second position;
        (3) while hospitalized, beginning on the day of the 
    hospitalization and ending on the day he is discharged from the 
    hospital, but not for more than 180 days; and
        (4) while awaiting retirement, beginning on the day he is 
    relieved from the position designated under subsection (a) or by law 
    to carry one of those grades and ending on the day before his 
    retirement, but not for more than 60 days.

    (c)(1) An appointment of an officer under subsection (a) does not 
vacate the permanent grade held by the officer.
    (2) An officer serving in a grade above major general or rear 
admiral who holds the permanent grade of brigadier general or rear 
admiral (lower half) shall be considered for promotion to the permanent 
grade of major general or rear admiral, as appropriate, as if he were 
serving in his permanent grade.
    (d)(1) When an officer is recommended to the President for an 
initial appointment to the grade of lieutenant general or vice admiral, 
or for an initial appointment to the grade of general or admiral, the 
Chairman of the Joint Chiefs of Staff shall submit to the Secretary of 
Defense the Chairman's evaluation of the performance of that officer as 
a member of the Joint Staff and in other joint duty assignments. The 
Secretary of Defense shall submit the Chairman's evaluation to the 
President at the same time the recommendation for the appointment is 
submitted to the President.
    (2) Whenever a vacancy occurs in a position within the Department of 
Defense that the President has designated as a position of importance 
and responsibility to carry the grade of general or admiral or 
lieutenant general or vice admiral or in an office that is designated by 
law to carry such a grade, the Secretary of Defense shall inform the 
President of the qualifications needed by an officer serving in that 
position or office to carry out effectively the duties and 
responsibilities of that position or office.

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2849; 
amended Pub. L. 97-86, title IV, Sec. 405(b)(1), Dec. 1, 1981, 95 Stat. 
1105; Pub. L. 98-525, title V, Sec. 523, Oct. 19, 1984, 98 Stat. 2523; 
Pub. L. 99-145, title V, Sec. 514(b)(1), Nov. 8, 1985, 99 Stat. 628; 
Pub. L. 99-433, title IV, Sec. 403, Oct. 1, 1986, 100 Stat. 1031; Pub. 
L. 102-190, div. A, title V, Sec. 502(a), Dec. 5, 1991, 105 Stat. 1354; 
Pub. L. 104-106, div. A, title IV, Sec. 403(c), Feb. 10, 1996, 110 Stat. 
287.)


                               Amendments

    1996--Subsec. (b). Pub. L. 104-106, Sec. 403(c)(1), in introductory 
provisions substituted ``designated under subsection (a) or by law'' for 
``of importance and responsibility designated''.
    Subsec. (b)(1). Pub. L. 104-106, Sec. 403(c)(2), struck out ``of 
importance and responsibility'' after ``position''.
    Subsec. (b)(2). Pub. L. 104-106, Sec. 403(c)(3), substituted 
``designated under subsection (a) or by law'' for ``designating''.
    Subsec. (b)(4). Pub. L. 104-106, Sec. 403(c)(4), inserted ``under 
subsection (a) or by law'' after ``designated''.
    1991--Subsec. (b)(4). Pub. L. 102-190 substituted ``60 days'' for 
``90 days''.
    1986--Subsec. (d). Pub. L. 99-433 added subsec. (d).
    1985--Subsec. (c)(2). Pub. L. 99-145 substituted ``rear admiral 
(lower half)'' for ``commodore''.
    1984--Subsec. (b). Pub. L. 98-525 amended subsec. (b) generally, 
which prior to amendment had provided that if the assignment of an 
officer who was serving in a position designated to carry the grade of 
general, admiral, lieutenant general, or vice admiral was terminated (1) 
by the assignment of such officer to another position designated to 
carry one of those grades, such officers would hold, during the period 
beginning on the day of that termination and ending on the day before 
the day on which he assumed the other position, the grade that he had 
held on the day before the termination; (2) by the hospitalization of 
such officer, such officer would hold, during the period beginning on 
the day of that termination and ending on the day he was discharged from 
the hospital, but not for more than 180 days, the grade that he had held 
on the day before the termination; or (3) by the retirement of such 
officer, such officer would hold, during the period beginning on the day 
of that termination and ending on the day before his retirement, but not 
for more than 90 days, the grade that he had held on the day before the 
termination.
    1981--Subsec. (c)(2). Pub. L. 97-86 substituted ``commodore'' for 
``commodore admiral''.


                    Effective Date of 1991 Amendment

    Section 502(b) of Pub. L. 102-190 provided that: ``The amendment 
made by subsection (a) [amending this section] shall take effect on the 
first day of the first month that begins more than 90 days after the 
date of the enactment of this Act [Dec. 5, 1991].''


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-86 effective Sept. 15, 1981, see section 
405(f) of Pub. L. 97-86, set out as a note under section 101 of this 
title.


                             Effective Date

    Chapter 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 Act

    For provisions relating to temporary appointments of officers 
serving in grades above major general or rear admiral, see section 623 
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 164, 203, 441, 525, 528, 
720, 6325 of this title.
