Aug. 10, 1956, ch. 104170A Stat. 328Pub. L. 96–513, title III, § 32694 Stat. 2894Pub. L. 102–190, div. A, title XI, § 1113(c)105 Stat. 1502Pub. L. 109–163, div. A, title V, § 515(b)(1)(G)119 Stat. 3233Pub. L. 115–232, div. A, title VIII132 Stat. 1834(, , § 5596; , , ; , (d)(2)(A), , ; , , ; renumbered § 8146 and amended , §§ 807(b)(4), 809(a), , , 1840.)
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Historical and Revision Notes |
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
5596(a) | Aug. 7, 1947, ch. 512, § 301, 61 Stat. 829; June 30, 1951, ch. 196, § 1(b), 65 Stat. 108. | |
5596(b) | ||
5596(c) | 34 U.S.C. 3c(h) (less 14th through 53d words). | Aug. 7, 1947, ch. 512, § 302(h) (less 14th through 53d words), 61 Stat. 830. |
5596(d) | 34 U.S.C. 135a(a) (last sentence as applicable to temporary appointments). | May 29, 1954, ch. 249, § 3(a) (3d sentence as applicable to temporary appointments), 68 Stat. 158. |
| 34 U.S.C. 135c(a) (last sentence as applicable to temporary appointments). | May 29, 1954, ch. 249, § 5(a) (last sentence as applicable to temporary appointments), 68 Stat. 159. |
| 34 U.S.C. 330 (last sentence as applicable to temporary promotions). | May 29, 1954, ch. 249, § 7 (last sentence as applicable to temporary promotions), 68 Stat. 159. |
5596(e) | ||
| Aug. 7, 1947, ch. 512, § 314(a), 61 Stat.863. | |
5596(f) | ||
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5596(g) | ||
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| 34 U.S.C. 3c(a) (as applicable to meaning of word “officers”). | Aug. 7, 1947, ch. 512, § 302(a) (as applicable to meaning of word “officers”), 61 Stat. 829. |
| 34 U.S.C. 3c(h) (14th through 53d words). | Aug. 7, 1947, ch. 512, § 302(h) (14th through 53d words), 61 Stat. 830. |
5596(h) | 34 U.S.C. 306h (as applicable to temporary appointments under 34 U.S.C. 3c(c)). | Aug. 7, 1947, ch. 512, § 316(d) (as applicable to temporary appointments under § 302(c)), 61 Stat. 867. |
34 U.S.C. 3dSince appointments under this section are either made, or not made, in the discretion of the President, the proviso of , 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.
34 U.S.C. 3c(a)34 U.S.C. 3c(a)In subsection (g)(2) that portion of 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 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.
Editorial Notes
Amendments
Pub. L. 115–232, § 807(b)(4)section 5596 of this title2018—, renumbered as this section.
Pub. L. 115–232, § 809(a)Subsec. (a). , substituted “section 8139” for “section 5589”.
Pub. L. 109–1632006—Subsec. (c)(2) to (4). substituted “Navy Reserve” for “Naval Reserve” wherever appearing.
Pub. L. 102–190, § 1113(d)(2)(A)1991—, struck out “warrant officers and” before “officers designated” in section catchline.
Pub. L. 102–190, § 1113(c)(1)Subsec. (a). , reorganized subsec. (a), striking out par. (1) relating to warrant officer grades, and striking out par. (2) designation.
Pub. L. 102–190, § 1113(c)(2)Subsec. (d). , substituted “subsection (a)” for “subsection (a)(2)”.
Pub. L. 96–5131980—Subsec. (a). 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.
Pub. L. 96–513Subsec. (b). 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.
Pub. L. 96–513Subsec. (c). 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.
Pub. L. 96–513Subsec. (d). 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.
Pub. L. 96–513Subsec. (e). 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.
Pub. L. 96–513Subsecs. (f) to (h). redesignated subsecs. (f), (g), and (h) as (b), (c), and (e), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–232section 800 of Pub. L. 115–232section 3001 of this titleAmendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .
Effective Date of 1991 Amendment
Pub. L. 102–190section 1132 of Pub. L. 102–190section 521 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1980 Amendment
Pub. L. 96–513Pub. L. 96–513section 701 of Pub. L. 96–513section 101 of this titleAmendment by effective , but the authority to prescribe regulations under the amendment by effective on , see , set out as a note under .
Transition Provisions Under Defense Officer Personnel Management Act
Pub. L. 96–513Pub. L. 96–513Pub. L. 96–513section 611 of this titleFor provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of and otherwise to allow for an orderly transition to the system of officer personnel management put in place under , see section 601 et seq. of , set out as a note under .
Executive Documents
Delegation of Functions
section 301 of Title 3For delegation to Secretary of Defense of authority vested in President by section 3c(g) of former Title 34, see Ex. Ord. No. 10621, , 20 F.R. 4759, set out as a note under , The President.