
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: 10USC603]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
          CHAPTER 35--TEMPORARY APPOINTMENTS IN OFFICER GRADES
 
Sec. 603. Appointments in time of war or national emergency

    (a) In time of war, or of national emergency declared by the 
Congress or the President after November 30, 1980, the President may 
appoint any qualified person (whether or not already a member of the 
armed forces) to any officer grade in the Army, Navy, Air Force, or 
Marine Corps, except that appointments under this section may not be 
made in grades above major general or rear admiral. Appointments under 
this section shall be made by the President alone, except that an 
appointment in the grade warrant officer, W-1, shall be made by warrant 
by the Secretary concerned.
    (b) Any appointment under this section is a temporary appointment 
and may be vacated by the President at any time.
    (c)(1) Any person receiving an original appointment under this 
section is entitled to service credit as authorized under section 533 of 
this title.
    (2) An appointment under this section of a person who is not on 
active duty becomes effective when that person begins active duty under 
that appointment.
    (d) An appointment under this section does not change the permanent 
status of a member of the armed forces so appointed. A member who is 
appointed under this section shall not incur any reduction in the pay 
and allowances to which the member was entitled, by virtue of his 
permanent status, at the time of his appointment under this section.
    (e)(1) An officer who receives an appointment to a higher grade 
under this section is considered to have accepted such appointment on 
the date of the order announcing the appointment unless he expressly 
declines the appointment.
    (2) An officer who has served continuously since he subscribed to 
the oath of office prescribed in section 3331 of title 5 is not required 
to take a new oath upon appointment to a higher grade under this 
section.
    (f) Unless sooner terminated, an appointment under this section 
terminates on the earliest of the following:
        (1) The second anniversary of the appointment.
        (2) The end of the six-month period beginning on the last day of 
    the war or national emergency during which the appointment was made.
        (3) The date the person appointed is released from active duty.

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12. 1980, 94 Stat. 2850; 
amended Pub. L. 101-189, div. A, title VI, Sec. 653(a)(2), Nov. 29, 
1989, 103 Stat. 1462; Pub. L. 102-190, div. A, title XI, Sec. 1113(b), 
(d)(1)(A), Dec. 5, 1991, 105 Stat. 1502.)


                               Amendments

    1991--Pub. L. 102-190, Sec. 1113(d)(1)(A), substituted 
``Appointments in time of war or national emergency'' for ``Commissioned 
officer grades: time of war or national emergency'' in section 
catchline.
    Subsec. (a). Pub. L. 102-190, Sec. 1113(b), struck out 
``commissioned'' before ``officer grade in the Army'' and ``in warrant 
officer grades or'' before ``in grades above major general'' and 
inserted before period at end ``, except that an appointment in the 
grade warrant officer, W-1, shall be made by warrant by the Secretary 
concerned''.
    1989--Subsec. (f). Pub. L. 101-189 substituted ``terminates on the 
earliest of the following:'' for ``terminates--'' in introductory 
provisions, and made numerous amendments to style and punctuation. Prior 
to amendment, subsec. (f) read as follows: ``Unless sooner terminated, 
an appointment under this section terminates--
        ``(1) on the second anniversary of the appointment;
        ``(2) at the end of the six-month period beginning on the last 
    day of the war or national emergency during which the appointment 
    was made; or
        ``(3) on the date the person appointed is released from active 
    duty;
whichever is earliest.''


                    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.

                         Delegation of Functions

    Functions of President under subsecs. (a) and (b) to make or vacate 
certain temporary commissioned appointments delegated to Secretary of 
Defense to perform during a time of war or national emergency, without 
approval, ratification, or other action by President, and with authority 
for Secretary to redelegate, provided that, during a national emergency 
declared by President, exercise of any such authority be specifically 
directed by President in accordance with section 1631 of Title 50, War 
and National Defense, and that Secretary ensure any authority so 
delegated be accounted for as required by section 1641 of Title 50, see 
Ex. Ord. No. 12396, Secs. 2, 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set 
out as a note under section 301 of Title 3, The President.

                  Section Referred to in Other Sections

    This section is referred to in section 6325 of this title.
