10 U.S.C. § 8146 — Navy and Marine Corps: temporary ap-

Page 3188 TITLE 10—ARMED FORCES § 8146 major or lieutenant colonel, under a tem- porary appointment under subsection (d) of section 8146 of this title. (d) To be eligible for an appointment under this section a member must have the qualifica- tions specified in section 532(a) of this title and have completed at least 8 years of active naval service, excluding active duty for training in a reserve component. (e) Each officer appointed under this section is known as an officer designated for limited duty. He may not suffer any reduction in the pay and allowances to which he was entitled at the time of his appointment because of his former perma- nent status. (f) Any officer designated for limited duty, upon his application and upon determination by the Secretary of the Navy that he is qualified, may— (1) if he is in the line of the Navy, be des- ignated for engineering duty, aeronautical en- gineering duty, or special duty, or be assigned to unrestricted performance of duty; (2) if he is in a staff corps of the Navy, be as- signed to unrestricted performance of duty in that corps; or (3) if he is in the Marine Corps, be assigned to unrestricted performance of duty. When an officer is so designated or assigned, his status as an officer designated for limited duty terminates. (g) The Secretary shall prescribe regulations for the appointment, designation, and assign- ment of officers under this section. (Aug. 10, 1956, ch. 1041, 70A Stat. 326, § 5589; Pub. L. 87–123, § 5(10), Aug. 3, 1961, 75 Stat. 265; Pub. L. 96–513, title III, § 325, Dec. 12, 1980, 94 Stat. 2893; Pub. L. 99–433, title V, § 514(c)(3), Oct. 1, 1986, 100 Stat. 1055; Pub. L. 103–337, div. A, title V, § 502, Oct. 5, 1994, 108 Stat. 2748; renumbered § 8139 and amended Pub. L. 115–232, div. A, title V, § 512, title VIII, §§ 807(b)(4), 809(a), Aug. 13, 2018, 132 Stat. 1751, 1834, 1840.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 5589 ......... 34 U.S.C. 211c ((a) (less statement of appoint- ing authority), and less (e)–(h)). Aug. 7, 1947, ch. 512, § 404 ((a) (less statement of appointing authority), and less (e)–(h)), 61 Stat. 870; Aug. 5, 1949, ch. 402, § 1(f), 63 Stat. 568. In subsections (a) and (b) the authority to make ap- pointments under this section is confined to appoint- ments in the grades of ensign and second lieutenant, since the authority in the source statute to make ap- pointments in higher grades was limited and has been completely executed. The words ‘‘commissioned war- rant officers’’ are omitted as surplusage, since the term ‘‘warrant officers’’ includes commissioned warrant offi- cers. The word ‘‘male’’ is inserted to limit the application of the section to men. Authority to appoint women is covered in § 5590 of this title. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 807(b)(4), renumbered section 5589 of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 8090(b)’’ for ‘‘section 5150(b)’’ in introductory pro- visions. Subsec. (c)(2)(C), (D). Pub. L. 115–232, § 809(a), sub- stituted ‘‘section 8146’’ for ‘‘section 5596’’. Subsec. (d). Pub. L. 115–232, § 512, substituted ‘‘8 years’’ for ‘‘10 years’’. 1994—Subsecs. (c) to (g). Pub. L. 103–337 added subsec. (c) and redesignated former subsecs. (c) to (f) as (d) to (g), respectively. 1986—Subsec. (a). Pub. L. 99–433 substituted ‘‘section 5150(b)’’ for ‘‘section 5155(b)’’. 1980—Subsec. (a). Pub. L. 96–513, § 325(1), substituted ‘‘as regular officers of the Navy in a grade below lieu- tenant commander in the line and in staff corps estab- lished by the Secretary of the Navy under section 5155(b) of this title and designated by the Secretary for the purposes of this section may be made from’’ for ‘‘to the active list of the Navy in the grade of ensign in the line, in the Supply Corps, and in the Civil Engineer Corps may be made from male’’. Subsec. (b). Pub. L. 96–513, § 325(2), substituted ‘‘as regular officers of the Marine Corps in a grade below major may be made from’’ for ‘‘to the active list of the Marine Corps in the grade of second lieutenant may be made from male’’. Subsec. (c). Pub. L. 96–513, § 325(3), inserted ‘‘the qualifications specified in section 532(a) of this title and have’’. 1961—Subsec. (e)(3). Pub. L. 87–123 struck out ‘‘be des- ignated for supply duty or’’ before ‘‘be assigned to’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by sections 807(b)(4) and 809(a) of Pub. L. 115–232 effective Feb. 1, 2019, with provision for the co- ordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title. TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT ACT For provisions relating to Regular Navy or Regular Marine Corps officers designated as limited-duty offi- cers under this section prior to September 15, 1981, see section 616 of Pub. L. 96–513, set out as a note under sec- tion 611 of this title. § 8146. Navy and Marine Corps: temporary ap- pointments of officers designated for limited duty (a) Under such regulations as he may pre- scribe, the Secretary of the Navy may make temporary appointments of officers designated for limited duty in the Regular Navy in grades not above lieutenant and in the Regular Marine Corps in grades not above captain from sources authorized under section 8139 of this title. Such appointments shall be made by warrant if in the grade of warrant officer, W–1, and by commis- sion if in a higher grade. (b) Temporary appointments under this sec- tion do not change the permanent, probationary, or acting status of members so appointed, preju- dice them in regard to promotion or appoint- ment, or abridge their rights or benefits. A per- son receiving a temporary appointment under this section may not suffer any reduction in the Page 3189 TITLE 10—ARMED FORCES § 8146 pay and allowances to which he was entitled be- cause of his permanent status at the time of his temporary appointment, or any reduction in the pay and allowances to which he was entitled under a prior temporary appointment in a lower grade. (c) The following members of the naval service are ineligible for temporary appointments under this section: (1) Retired members. (2) Members of the Navy Reserve and the Marine Corps Reserve ordered to active duty for training. (3) Members of the Navy Reserve and the Marine Corps Reserve ordered to active duty in connection with organizing, administering, recruiting, instructing, training, or drilling the Navy Reserve or the Marine Corps Re- serve. (4) Members of the Navy Reserve and the Marine Corps Reserve ordered to temporary active duty to prosecute special work. (d) Officers designated for limited duty under subsection (a) may be temporarily appointed by the Secretary of the Navy in a higher grade not above commander in the Regular Navy or lieu- tenant colonel in the Regular Marine Corps under such regulations as the Secretary may prescribe. Regulations prescribed under this sec- tion shall to the greatest extent practicable con- form to the procedures prescribed in chapter 36 of this title for selection for promotion and pro- motion to higher permanent grades. (e) The Secretary of the Navy may terminate any appointment made under this section. (Aug. 10, 1956, ch. 1041, 70A Stat. 328, § 5596; Pub. L. 96–513, title III, § 326, Dec. 12, 1980, 94 Stat. 2894; Pub. L. 102–190, div. A, title XI, § 1113(c), (d)(2)(A), Dec. 5, 1991, 105 Stat. 1502; Pub. L. 109–163, div. A, title V, § 515(b)(1)(G), Jan. 6, 2006, 119 Stat. 3233; renumbered § 8146 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(4), 809(a), Aug. 13, 2018, 132 Stat. 1834, 1840.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 5596(a) ..... 34 U.S.C. 3d. Aug. 7, 1947, ch. 512, § 301, 61 Stat. 829; June 30, 1951, ch. 196, § 1(b), 65 Stat. 108. 5596(b) ..... 34 U.S.C. 3c(c). Aug. 7, 1947, ch. 512, § 302(c), 61 Stat. 830. 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 appoint- ments). May 29, 1954, ch. 249, § 3(a) (3d sentence as applicable to tem- porary appointments), 68 Stat. 158. 34 U.S.C. 135c(a) (last sentence as applicable to temporary appoint- ments). May 29, 1954, ch. 249, § 5(a) (last sentence as applicable to tem- porary appointments), 68 Stat. 159. 34 U.S.C. 330 (last sen- tence as applicable to temporary pro- motions). May 29, 1954, ch. 249, § 7 (last sentence as appli- cable to temporary promotions), 68 Stat. 159. 5596(e) ..... 34 U.S.C. 3c(g). Aug. 7, 1947, ch. 512, § 302(g), 61 Stat. 830. 34 U.S.C. 626–1(a). Aug. 7, 1947, ch. 512, § 314(a), 61 Stat.863. 5596(f) ..... 34 U.S.C. 3c(e). Aug. 7, 1947, ch. 512, § 302(e), 61 Stat. 830. 34 U.S.C. 135a(b). May 29, 1954, ch. 249, § 3(b), 68 Stat. 158. 5596(g) ..... 34 U.S.C. 105j. June 12, 1948, ch. 449, § 215, 62 Stat. 370. HISTORICAL AND REVISION NOTES—CONTINUED Revised section Source (U.S. Code) Source (Statutes at Large) 34 U.S.C. 625h(a). June 12, 1948, ch. 449, § 213(a), 62 Stat. 369. 34 U.S.C. 3c(a) (as appli- cable 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 appli- cable to temporary ap- pointments under 34 U.S.C. 3c(c)). Aug. 7, 1947, ch. 512, § 316(d) (as applicable to temporary appoint- ments under § 302(c)), 61 Stat. 867. Since appointments under this section are either made, or not made, in the discretion of the President, the proviso of 34 U.S.C. 3d, 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 war- rant officer and commissioned warrant officer’’ are omitted as surplusage. In the list of persons who may be appointed, reference to commissioned warrant offi- cers 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 ‘‘privi- leges and gratuities’’ are omitted as surplusage. The first proviso is omitted as unnecessary in view of the Career Compensation Act of 1949. In subsection (g)(2) that portion of 34 U.S.C. 3c(a) which excludes officers on the retired list from the defi- nition 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 34 U.S.C. 3c(a) 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 ineli- gible 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 Re- serve is omitted as unnecessary inasmuch as, pursuant to the Armed Forces Reserve Act of 1952, the Fleet Re- serve is no longer a part of the Naval Reserve but is a separate and distinct component of the Navy. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 807(b)(4), renumbered section 5596 of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 8139’’ for ‘‘section 5589’’. 2006—Subsec. (c)(2) to (4). Pub. L. 109–163 substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’ wherever appear- ing. 1991—Pub. L. 102–190, § 1113(d)(2)(A), struck out ‘‘war- rant officers and’’ before ‘‘officers designated’’ in sec- tion catchline. Subsec. (a). Pub. L. 102–190, § 1113(c)(1), reorganized subsec. (a), striking out par. (1) relating to warrant of- ficer grades, and striking out par. (2) designation. Page 3190 TITLE 10—ARMED FORCES § 8162 Subsec. (d). Pub. L. 102–190, § 1113(c)(2), substituted ‘‘subsection (a)’’ for ‘‘subsection (a)(2)’’. 1980—Subsec. (a). Pub. L. 96–513 substituted provi- sions authorizing the Secretary of the Navy to make temporary appointments in warrant officer grades and of certain officers designated for limited duty for provi- sions 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 ex- ceeded the number of male officers on the active list in the line of the Navy. Subsec. (b). Pub. L. 96–513 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. Subsec. (c). Pub. L. 96–513 redesignated subsec. (g) as (c), struck out provision restricting temporary appoint- ments to male members of the naval service, and struck out former subsec. (c) which described persons eligible for temporary appointments in the Naval Re- serve, except in the Nurse Corps, in grades not above lieutenant and in the Marine Corps Reserve in grades not above captain. Subsec. (d). Pub. L. 96–513 substituted provisions au- thorizing the Secretary of the Navy to temporarily ap- point 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 Ma- rine Corps for provisions authorizing the Secretary to make temporary appointments in warrant officer grades. Subsec. (e). Pub. L. 96–513 redesignated subsec. (h) as (e), substituted ‘‘Secretary of the Navy’’ for ‘‘Presi- dent’’, 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. Subsecs. (f) to (h). Pub. L. 96–513 redesignated sub- secs. (f), (g), and (h) as (b), (c), and (e), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. 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 OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title. TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT ACT For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96–513 and otherwise to allow for an orderly transition to the system of officer personnel manage- ment put in place under Pub. L. 96–513, see section 601 et seq. of Pub. L. 96–513, set out as a note under section 611 of this title. Executive Documents DELEGATION OF FUNCTIONS For delegation to Secretary of Defense of authority vested in President by section 3c(g) of former Title 34, see Ex. Ord. No. 10621, July 1, 1955, 20 F.R. 4759, set out as a note under section 301 of Title 3, The President. CHAPTER 821—OFFICERS IN COMMAND Sec. 8162. Aviation commands: eligibility. 8163. Naval shipyards. 8164. Marine Corps officers: limitation on power to command. 8165. Staff corps officers: limitation on power to command. 8166. Precedence accorded commanding officers. 8167. Requirement of exemplary conduct. 8168. Consular powers: senior officer present afloat. 8169. Policy as to leave and liberty. 8171. Continuation of authority after loss of vessel or aircraft. 8172. Marine Corps organizations on vessels: au- thority of officers. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 807(e)(2)(A), (f)(1), Aug. 13, 2018, 132 Stat. 1837, 1838, redesignated chapter 551 of this title as this chapter and items 5942 to 5949, 5951, and 5952 as 8162 to 8169, 8171, and 8172, re- spectively. 1980—Pub. L. 96–513, title V, § 503(41), Dec. 12, 1980, 94 Stat. 2914, struck out item 5955 ‘‘Retired officers with- drawn from command’’. 1968—Pub. L. 90–235, § 5(a)(4), (b)(2), Jan. 2, 1968, 81 Stat. 761, struck out item 5941 ‘‘Assignment to com- mand: regulations’’, item 5950 ‘‘Exemption from Supply Corps duties’’, item 5953 ‘‘Executive officer: assign- ment; authority’’, and item 5954 ‘‘Command: when dif- ferent commands of Marine Corps and Army or Air Force join’’. § 8162. Aviation commands: eligibility (a)(1) To be eligible to command an aircraft carrier or an aircraft tender, an officer must be an officer in the line of the Navy who is des- ignated as a naval aviator or naval flight officer and who is otherwise qualified. (2) Paragraph (1) does not apply to command of a nuclear-powered aircraft carrier that has been inactivated for the purpose of permanent decommissioning and disposal. (b) To be eligible to command a naval aviation school, a naval air station, or a naval aviation unit organized for flight tactical purposes, an of- ficer must be an officer in the line of the Navy designated as a naval aviator or naval flight of- ficer. (c) To be eligible to command a Marine Corps aviation school, a Marine Corps air station, or a Marine Corps aviation unit organized for flight tactical purposes, an officer must be an officer of the Marine Corps designated as a naval avi- ator or naval flight officer. (Aug. 10, 1956, ch. 1041, 70A Stat. 371, § 5942; Pub. L. 91–198, § 1(1), Feb. 26, 1970, 84 Stat. 15; Pub. L. 113–291, div. A, title V, § 507, Dec. 19, 2014, 128 Stat. 3357; renumbered § 8162, Pub. L. 115–232, div. A, title VIII, § 807(b)(5), Aug. 13, 2018, 132 Stat. 1834.)