§531 Original appointments of commissioned officers

2024—Subsec. (a)(1). Pub. L. 118–159, § 521(c)(1)(A), substituted “Regular Marine Corps, and Space Force, and in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy” for “and Regular Marine Corps in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy, and in the equivalent grades in the Space Force”. Subsec. (a)(2). Pub. L. 118–159, § 521(c)(1)(B), substituted “Regular Marine Corps, and Space Force, and in the grades of lieutenant commander, commander, and captain in the Regular Navy” for “and Regular Marine Corps in the grades of lieutenant commander, commander, and captain in the Regular Navy, and in the equivalent grades in the Space Force”. 2023—Pub. L. 118–31 struck out “Regular” before “Space Force” wherever appearing. 2021—Subsec. (a)(1). Pub. L. 116–283, § 924(b)(13)(A), substituted “in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy, and in the equivalent grades in the Regular Space Force” for “and in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy”. Subsec. (a)(2). Pub. L. 116–283, § 924(b)(13)(B), substituted “in the grades of lieutenant commander, commander, and captain in the Regular Navy, and in the equivalent grades in the Regular Space Force” for “and in the grades of lieutenant commander, commander, and captain in the Regular Navy”. Subsec. (c). Pub. L. 116–283, § 924(b)(4)(A), substituted “Regular Marine Corps, or Regular Space Force” for “or Regular Marine Corps”. 2019—Subsec. (c). Pub. L. 116–92 substituted “the Secretary of Defense” for “the Secretary concerned”. 2004—Subsec. (a). Pub. L. 108–375, § 501(a)(4), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Original appointments in the grades of second lieutenant through colonel in the Regular Army, Regular Air Force, and Regular Marine Corps and in the grades of ensign through captain in the Regular Navy shall be made by the President, by and with the advice and consent of the Senate.” Subsec. (c). Pub. L. 108–375, § 501(c)(5), added subsec. (c). 1981—Pub. L. 97–22 designated existing provisions as subsec. (a) and added subsec. (b).

of 2004 Amendment Pub. L. 108–375, div. A, title V, § 501(g), Oct. 28, 2004, 118 Stat. 1875, provided that: “(1) Except as provided in paragraph (2), the

made by this section [enacting section 647 of this title, amending this section and section 532, 619, 641, 1174, 2114, 12201, 12203, and 12731 of this title, and repealing section 522 of this title] shall take effect on the first day of the first month beginning more than 180 days after the date of the enactment of this Act [Oct. 28, 2004]. “(2) The amendment made by subsection (a)(1) [amending section 532 of this title] shall take effect on May 1, 2005.”

Section effective Sept. 15, 1981, but the authority to prescribe

under this chapter effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an

of 1980 Amendment note under section 101 of this title. Transition Provisions Under Defense Officer Personnel Management ActFor provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the

Ex. Ord. No. 13384. Assignment of Functions Relating to Original Appointments as Commissioned Officers and Chief Warrant Officer Appointments in the Armed Forces Ex. Ord. No. 13384, July 27, 2005, 70 F.R. 43739, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, it is hereby ordered as follows: section 1. Assignment of Functions to the Secretary of Defense. The Secretary of Defense shall perform the functions of the President under the following provisions of title 10, United States Code: (a) subsection 531(a)(1); and (b) the second sentence of subsection 571(b). Sec. 2. Reassignment of Functions Assigned. The Secretary of Defense may not reassign the functions assigned to him by this order. Sec. 3. General Provisions. (a) Nothing in this order shall be construed to limit or otherwise affect the authority of the President as Commander in Chief of the Armed Forces of the United States, or under the Constitution and laws of the United States to nominate or to make or terminate appointments. (b) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, entities, officers, employees or agents, or any other person. George W. Bush.