10 U.S.C. § 620 | Active-duty lists

(a)

section 641 of this title The Secretary of the military department concerned shall maintain a single list of all officers (other than officers described in ) who are on active duty for each armed force under his jurisdiction (other than the Coast Guard when it is operating as a service in the Navy).

(b)

Officers shall be carried on the active-duty list of the armed force of which they are members in the order of seniority of the grade in which they are serving on active duty. Officers serving in the same grade shall be carried in the order of their rank in that grade.

(c)

An officer whose position on the active-duty list results from service under a temporary appointment or in a grade held by reason of assignment to a position has, when that appointment or assignment ends, the grade and position on the active-duty list that he would have held if he had not received that appointment or assignment.

(d)

Under regulations prescribed by the Secretary of the military department concerned, a reserve officer who is ordered to active duty (whether voluntarily or involuntarily) during a war or national emergency and who would otherwise be placed on the active-duty list may be excluded from that list as determined by the Secretary concerned. Exclusion of an officer from the active-duty list as the result of action by the Secretary concerned under the preceding sentence shall expire not later than 24 months after the date on which the officer enters active duty under an order to active duty covered by that sentence.

Pub. L. 96–513, title I, § 105Dec. 12, 198094 Stat. 2855 Pub. L. 103–337, div. A, title XVI, § 1624Oct. 5, 1994108 Stat. 2961 Pub. L. 104–106, div. A, title XV, § 1501(a)(1)Feb. 10, 1996110 Stat. 495(Added , , ; amended , , ; , , .)

Editorial Notes

Amendments

Pub. L. 104–106 Pub. L. 103–337, § 16241996—Subsec. (d). made technical amendment to . See 1994 Amendment note below.

Pub. L. 103–337, § 1624 Pub. L. 104–1061994—Subsec. (d). , as amended by , added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–106 Pub. L. 103–337Oct. 5, 1994section 1501(f)(3) of Pub. L. 104–106 section 113 of this titleAmendment by effective as if included in the Reserve Officer Personnel Management Act, title XVI of , as enacted on , see , set out as a note under .

Effective Date of 1994 Amendment

Pub. L. 103–337Oct. 1, 1996section 1691(b)(1) of Pub. L. 103–337 section 10001 of this titleAmendment by effective , see , set out as a note under .

Effective Date

Sept. 15, 1981Dec. 12, 1980section 701 of Pub. L. 96–513 section 101 of this titleSection effective , but the authority to prescribe regulations under this section effective on , see , set out as an Effective Date of 1980 Amendment note under .

Transfer of Functions

November 25, 2002section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .

Transition Provisions Under Defense Officer Personnel Management Act

section 621(a) of Pub. L. 96–513 section 611 of this titleRegulations prescribed under this section applicable to establishment of initial active-duty lists, see , set out as a note under .