10 U.S.C. § 602 — Flexibility in determining terms of ap-

Page 579 TITLE 10—ARMED FORCES § 603 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 Section 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 sec- tion 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. § 602. Flexibility in determining terms of ap- pointment for certain senior officer positions The Secretary of Defense may extend or re- duce the duration of an appointment made under section 152, 154, 7033, 8033, 8043, 9033, or 9082 of this title by up to six months if the Sec- retary determines that such an extension or re- duction is necessary either in the interests of national defense, or to ensure an appropriate staggering of terms of senior military leader- ship. (Added Pub. L. 118–31, div. A, title V, § 504(a), Dec. 22, 2023, 137 Stat. 241.) Editorial Notes PRIOR PROVISIONS A prior section 602, Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2849, related to temporary promotions of warrant officers, prior to repeal by Pub. L. 102–190, div. A, title XI, § 1113(a), Dec. 5, 1991, 105 Stat. 1502. § 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, Marine Corps, or Space Force, 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 Presi- dent 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 ap- pointment under this section is entitled to serv- ice credit as authorized under section 533 of this title. (2) An appointment under this section of a per- son 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 per- manent 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 consid- ered 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 pre- scribed in section 3331 of title 5 is not required to take a new oath upon appointment to a high- er 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 appoint- ment. (2) The end of the six-month period begin- ning 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, § 105, Dec. 12, 1980, 94 Stat. 2850; amended Pub. L. 101–189, div. A, title VI, § 653(a)(2), Nov. 29, 1989, 103 Stat. 1462; Pub. L. 102–190, div. A, title XI, § 1113(b), (d)(1)(A), Dec. 5, 1991, 105 Stat. 1502; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(D), Jan. 1, 2021, 134 Stat. 3821.) Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps’’. 1991—Pub. L. 102–190, § 1113(d)(1)(A), substituted ‘‘Ap- pointments 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, § 1113(b), struck out ‘‘com- missioned’’ 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 of- ficer, W–1, shall be made by warrant by the Secretary concerned’’. 1989—Subsec. (f). Pub. L. 101–189 substituted ‘‘termi- nates on the earliest of the following:’’ for ‘‘termi- nates—’’ in introductory provisions, and made numer- ous amendments to style and punctuation. Prior to amendment, subsec. (f) read as follows: ‘‘Unless sooner terminated, an appointment under this section termi- nates— ‘‘(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.’’ Statutory Notes and Related Subsidiaries 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. EFFECTIVE DATE Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on