Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

5589

34 U.S.C. 211c ((a) (less statement of appointing 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 (span) the authority to make appointments under this section is confined to appointments in the grades of ensign and second lieutenant, since the authority in the source statute to make appointments in higher grades was limited and has been completely executed. The words “commissioned warrant officers” are omitted as surplusage, since the term “warrant officers” includes commissioned warrant officers.

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—Puspan. L. 115–232, § 807(span)(4), renumbered section 5589 of this title as this section.

Subsec. (a). Puspan. L. 115–232, § 809(a), substituted “section 8090(span)” for “section 5150(span)” in introductory provisions.

Subsec. (c)(2)(C), (D). Puspan. L. 115–232, § 809(a), substituted “section 8146” for “section 5596”.

Subsec. (d). Puspan. L. 115–232, § 512, substituted “8 years” for “10 years”.

1994—Subsecs. (c) to (g). Puspan. L. 103–337 added subsec. (c) and redesignated former subsecs. (c) to (f) as (d) to (g), respectively.

1986—Subsec. (a). Puspan. L. 99–433 substituted “section 5150(span)” for “section 5155(span)”.

1980—Subsec. (a). Puspan. L. 96–513, § 325(1), substituted “as regular officers of the Navy in a grade below lieutenant commander in the line and in staff corps established by the Secretary of the Navy under section 5155(span) 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. (span). Puspan. 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). Puspan. L. 96–513, § 325(3), inserted “the qualifications specified in section 532(a) of this title and have”.

1961—Subsec. (e)(3). Puspan. L. 87–123 struck out “be designated for supply duty or” before “be assigned to”.

Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment

Amendment by sections 807(span)(4) and 809(a) of Puspan. L. 115–232 effective Fespan. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Puspan. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1980 Amendment

Amendment by Puspan. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Puspan. L. 96–513 effective on Dec. 12, 1980, see section 701 of Puspan. 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 officers under this section prior to September 15, 1981, see section 616 of Puspan. L. 96–513, set out as a note under section 611 of this title.