Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)

Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via
Atlas depot), ingested with the standard pipeline: raw snapshot ->
per-section OKF markdown -> manifest + checksums. Title 52 untouched.
LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
type: "LegalText"
title: "10 U.S.C. § 531"
description: "Original appointments of commissioned officers"
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title_number: 10
title_name: "ARMED FORCES"
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# 10 U.S.C. § 531 - Original appointments of commissioned officers
## Text
(a) (1) Original appointments in the grades of second lieutenant, first lieutenant, and captain in the Regular Army, Regular Air Force, Regular Marine Corps, and Space Force, and in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy shall be made by the President alone.
(2) Original appointments in the grades of major, lieutenant colonel, and colonel in the Regular Army, Regular Air Force, Regular Marine Corps, and Space Force, and in the grades of lieutenant commander, commander, and captain in the Regular Navy shall be made by the President, by and with the advice and consent of the Senate.
(b) The grade of a person receiving an appointment under this section who at the time of appointment (1) is credited with service under section 533 of this title, and (2) is not a commissioned officer of a reserve component shall be determined under regulations prescribed by the Secretary of Defense based upon the amount of service credited. The grade of a person receiving an appointment under this section who at the time of the appointment is a commissioned officer of a reserve component is determined under section 533(f) of this title.
(c) Subject to the authority, direction, and control of the President, an original appointment as a commissioned officer in the Regular Army, Regular Air Force, Regular Navy, Regular Marine Corps, or Space Force may be made by the Secretary of Defense in the case of a reserve commissioned officer upon the transfer of such officer from the reserve active-status list of a reserve component of the armed forces to the active-duty list of an armed force, notwithstanding the requirements of subsection (a).
(Added Pub. L. 96513, title I, § 104(a), Dec. 12, 1980, 94 Stat. 2845; amended Pub. L. 9722, § 3(a), July 10, 1981, 95 Stat. 124; Pub. L. 108375, div. A, title V, § 501(a)(4), (c)(5), Oct. 28, 2004, 118 Stat. 1873, 1874; Pub. L. 11692, div. A, title V, § 501(a), Dec. 20, 2019, 133 Stat. 1343; Pub. L. 116283, div. A, title IX, § 924(b)(4)(A), (13), Jan. 1, 2021, 134 Stat. 3822, 3823; Pub. L. 11831, div. A, title XVII, § 1716(b)(2), Dec. 22, 2023, 137 Stat. 633; Pub. L. 118159, div. A, title V, § 521(c)(1), Dec. 23, 2024, 138 Stat. 1880.)
## Notes
Editorial Notes
Amendments2024—Subsec. (a)(1). Pub. L. 118159, § 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. 118159, § 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. 11831 struck out “Regular” before “Space Force” wherever appearing. 2021—Subsec. (a)(1). Pub. L. 116283, § 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. 116283, § 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. 116283, § 924(b)(4)(A), substituted “Regular Marine Corps, or Regular Space Force” for “or Regular Marine Corps”. 2019—Subsec. (c). Pub. L. 11692 substituted “the Secretary of Defense” for “the Secretary concerned”. 2004—Subsec. (a). Pub. L. 108375, § 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. 108375, § 501(c)(5), added subsec. (c). 1981—Pub. L. 9722 designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentPub. L. 108375, div. A, title V, § 501(g), Oct. 28, 2004, 118 Stat. 1875, provided that: “(1) Except as provided in paragraph (2), the amendments made by this section [enacting section 647 of this title, amending this section and sections 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.”
Effective DateSection effective Sept. 15, 1981, but the authority to prescribe regulations under this chapter effective on Dec. 12, 1980, see section 701 of Pub. L. 96513, set out as an Effective Date 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 effective date of Pub. L. 96513 and otherwise to allow for an orderly transition to the system of officer personnel management put in place under Pub. L. 96513, see section 601 et seq. of Pub. L. 96513, set out as a note under section 611 of this title.
Program To Increase Use of Certain Nurses by Military DepartmentsPub. L. 101189, div. A, title VII, § 708, Nov. 29, 1989, 103 Stat. 1475, provided that: “(a) Program Required.—(1) Not later than September 30, 1991, the Secretary of each military department shall implement a program to appoint persons who have an associate degree or diploma in nursing (but have not received a baccalaureate degree in nursing) as officers and to assign such officers to duty as nurses. “(2) An officer appointed pursuant to the program required by subsection (a) shall be appointed in a warrant officer grade or in a commissioned grade not higher than O3. Such officer may not be promoted above the grade of O3 unless the officer receives a baccalaureate degree in nursing. “(b) Report on Implementation.—Not later than April 1, 1990, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the actions taken by the Secretaries of the military departments to implement the program required by this section.”
Executive Documents
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.
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# 10 U.S.C. § 532 - Qualifications for original appointment as a commissioned officer
## Text
(a) Under regulations prescribed by the Secretary of Defense, an original appointment as a commissioned officer (other than as a commissioned warrant officer) in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps may be given only to a person who—
(1) is a citizen of the United States;
(2) is of good moral character;
(3) is physically qualified for active service; and
(4) has such other special qualifications as the Secretary of the military department concerned may prescribe by regulation.
(b) (1) Original appointments in the Regular Army in the Medical Corps or Dental Corps, and original appointments in the Regular Air Force with a view to designation of an officer as a medical or dental officer, may be made in the grades of first lieutenant through colonel. Original appointments in the Regular Navy in the Medical Corps or Dental Corps may be made in the grades of lieutenant (junior grade) through captain. Such appointments may be made only from persons who are qualified doctors of medicine, osteopathy, or dentistry.
(2) To be eligible for an original appointment as a medical officer, a doctor of osteopathy must—
(A) be a graduate of a college of osteopathy whose graduates are eligible to be licensed to practice medicine or surgery in a majority of the States;
(B) be licensed to practice medicine, surgery, or osteopathy in a State or in the District of Columbia;
(C) under regulations prescribed by the Secretary of Defense, have completed a number of years of osteopathic and preosteopathic education equal to the number of years of medical and premedical education prescribed for persons entering recognized schools of medicine who become doctors of medicine and who would be qualified for an original appointment in the grade for which that person is being considered for appointment; and
(D) have such other qualifications as the Secretary of the military department concerned prescribes after considering the recommendations, if any, of the Surgeon General of the armed force concerned.
(c) Original appointments in the Regular Navy or Regular Marine Corps of officers designated for limited duty shall be made under section 8139 or 8146 of this title.
[(d) Repealed. Pub. L. 115232, div. A, title V, § 501(b), Aug. 13, 2018, 132 Stat. 1739.]
[(e) Repealed. Pub. L. 108375, div. A, title V, § 501(a)(1), Oct. 28, 2004, 118 Stat. 1872.]
(f) The Secretary of Defense may waive the requirement of paragraph (1) of subsection (a) with respect to a person who has been lawfully admitted to the United States for permanent residence, or for a United States national otherwise eligible for appointment as a cadet or midshipman under section 2107(a) of this title or as a cadet under section 2107a of this title, when the Secretary determines that the national security so requires, but only for an original appointment in a grade below the grade of major or lieutenant commander.
(Added Pub. L. 96513, title I, § 104(a), Dec. 12, 1980, 94 Stat. 2845; amended Pub. L. 9722, § 3(b), July 10, 1981, 95 Stat. 124; Pub. L. 97295, § 1(7), Oct. 12, 1982, 96 Stat. 1289; Pub. L. 102190, div. A, title V, § 501, Dec. 5, 1991, 105 Stat. 1354; Pub. L. 103160, div. A, title V, § 510, Nov. 30, 1993, 107 Stat. 1648; Pub. L. 108375, div. A, title V, § 501(a)(1)(3)(A), Oct. 28, 2004, 118 Stat. 1872; Pub. L. 109163, div. A, title V, § 534(c), Jan. 6, 2006, 119 Stat. 3248; Pub. L. 111383, div. A, title V, § 501(a), Jan. 7, 2011, 124 Stat. 4206; Pub. L. 115232, div. A, title V, § 501(a), (b), title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1739, 1840; Pub. L. 116283, div. A, title IX, § 924(b)(4)(B), Jan. 1, 2021, 134 Stat. 3822; Pub. L. 11831, div. A, title XVII, § 1716(b)(3), Dec. 22, 2023, 137 Stat. 633.)
## Notes
Editorial Notes
Amendments2023—Subsec. (a). Pub. L. 11831 substituted “or Regular Marine Corps” for “Regular Marine Corps, or Regular Space Force” in introductory provisions. 2021—Subsec. (a). Pub. L. 116283 substituted “Regular Marine Corps, or Regular Space Force” for “or Regular Marine Corps” in introductory provisions. 2018—Subsec. (a)(2) to (5). Pub. L. 115232, § 501(a), redesignated pars. (3) to (5) as (2) to (4), respectively, and struck out former par. (2) which read as follows: “is able to complete 20 years of active commissioned service before his sixty-second birthday;”. Subsec. (c). Pub. L. 115232, § 809(a), substituted “section 8139 or 8146” for “section 5589 or 5596”. Subsec. (d). Pub. L. 115232, § 501(b), struck out subsec. (d) which read as follows: “(1) A person receiving an original appointment as a medical or dental officer, as a chaplain, or as an officer designated for limited duty in the Regular Navy or Regular Marine Corps is not subject to clause (2) of subsection (a). “(2) A commissioned officer appointed in a medical skill other than as a medical officer or dental officer (as defined in regulations prescribed by the Secretary of Defense) is not subject to clause (2) of subsection (a).” 2011—Subsec. (d)(2). Pub. L. 111383 struck out “reserve” before “commissioned officer”. 2006—Subsec. (f). Pub. L. 109163 inserted “, or for a United States national otherwise eligible for appointment as a cadet or midshipman under section 2107(a) of this title or as a cadet under section 2107a of this title,” after “for permanent residence”. 2004—Subsec. (a)(2). Pub. L. 108375, § 501(a)(2), substituted “sixty-second birthday” for “fifty-fifth birthday”. Subsec. (e). Pub. L. 108375, § 501(a)(1), struck out subsec. (e) which read as follows: “After September 30, 1996, no person may receive an original appointment as a commissioned officer in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps until that person has completed one year of service on active duty as a commissioned officer (other than a warrant officer) of a reserve component.” Subsec. (f). Pub. L. 108375, § 501(a)(3)(A), added subsec. (f). 1993—Subsec. (d). Pub. L. 103160 designated existing provisions as par. (1) and added par. (2). 1991—Subsec. (e). Pub. L. 102190 added subsec. (e). 1982—Pub. L. 97295 inserted “a” after “original appointment as” in section catchline. 1981—Subsec. (d). Pub. L. 9722 substituted “medical or dental officer, as a chaplain, or as an officer designated for limited duty in the Regular Navy or Regular Marine Corps” for “medical officer or dental officer or as a chaplain”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentPub. L. 115232, div. A, title V, § 501(c), Aug. 13, 2018, 132 Stat. 1739, provided that: “The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Aug. 13, 2018], and shall apply with respect to original appointments of regular commissioned officers of the Armed Forces made on or after that date.” Amendment by section 809(a) of Pub. L. 115232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115232, set out as a note preceding section 3001 of this title.
Effective Date of 2004 AmendmentAmendment by section 501(a)(1) of Pub. L. 108375 effective on May 1, 2005, and amendment by section 501(a)(2), (3)(A) of Pub. L. 108375 effective on the first day of the first month beginning more than 180 days after Oct. 28, 2004, see section 501(g) of Pub. L. 108375, set out as a note under section 531 of this title.
Effective DateSection effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective Dec. 12, 1980, see section 701 of Pub. L. 96513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.
Appointment of Citizens of Northern Mariana Islands as Commissioned OfficersPub. L. 9894, title X, § 1006, Sept. 24, 1983, 97 Stat. 661, provided that a citizen of the Northern Mariana Islands who indicates in writing to a commissioned officer of the Armed Forces of the United States an intent to become a citizen, and not a national, of the United States, and who is otherwise qualified for military service under applicable laws and regulations, may be appointed as an officer in the Armed Forces of the United States, may be appointed or enrolled in the Senior Reserve Officers Training Corps program of any of the Armed Forces under chapter 103 of title 10, United States Code, and may be selected to be a participant in the Armed Forces Health Professions Scholarship program under chapter 105 of such title, and that this section shall expire upon the establishment of the Commonwealth of the Northern Mariana Islands. The Commonwealth was established as of 12:01 a.m., Nov. 4, 1986, see section 2(a), (b) of Proc. No. 5564, set out as a note under section 1801 of Title 48, Territories and Insular Possessions.
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title: "10 U.S.C. § 541"
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title_number: 10
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# 10 U.S.C. § 541 - Graduates of the United States Military, Naval, and Air Force Academies
## Text
(a) Notwithstanding any other provision of law, each cadet at the United States Military Academy or the United States Air Force Academy, and each midshipman at the United States Naval Academy, is entitled, before graduating from that Academy, to state his preference for appointment, upon graduation, as a commissioned officer in either the Army, Navy, Air Force, Marine Corps, or Space Force.
(b) With the consent of the Secretary of the military department administering the Academy from which the cadet or midshipman is to be graduated, and of the Secretary of the military department having jurisdiction over the armed force for which that graduate stated his preference, the graduate is entitled to be accepted for appointment in that armed force. However, not more than 12½ percent of any graduating class at an Academy may be appointed in armed forces not under the jurisdiction of the military department administering that Academy.
(c) The Secretary of Defense shall, by regulation, provide for the equitable distribution of appointments in cases where more than 12½ percent of the graduating class of any Academy request appointment in armed forces not under the jurisdiction of the military department administering that Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 19; Pub. L. 116283, div. A, title IX, § 924(b)(3)(B), Jan. 1, 2021, 134 Stat. 3821.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 541(a)10:1092c1(a) (1st 59 words of 1st sentence).Apr. 1, 1954, ch. 127, § 8, 68 Stat. 48. 10:1856(a) (1st 59 words of 1st sentence). 34:10571(a) (1st 59 words of 1st sentence). 541(b)10:1092c1(a) (1st sentence, less 1st 59 words). 10:1856(a) (1st sentence, less 1st 59 words). 34:10571(a) (1st sentence, less 1st 59 words). 541(c)10:1092c1 (less (a)). 10:1856 (less (a)). 34:10571 (less (a)). In subsection (a), the words “is entitled * * * to” are substituted for the words “shall * * * be afforded an opportunity to”. In subsection (b), the words “is entitled” are substituted for the word “shall”. In subsection (c), the words “and fair” are omitted as surplusage. 10:1092c1(c), 10:1856(c), and 34:10571(c) are omitted as covered by section 51(a) of the bill.
Editorial Notes
Amendments2021—Subsec. (a). Pub. L. 116283 substituted “Marine Corps, or Space Force” for “or Marine Corps”.
Statutory Notes and Related Subsidiaries
Effective DateAct Aug. 10, 1956, ch. 1041, § 52(a), 70A Stat. 641, provided that: “Section 541 of title 10, United States Code, enacted by section 1 of this Act, takes effect (1) in the year in which the initial class graduates from the United States Air Force Academy, or (2) upon the rescission of the agreement under which graduates of the United States Military Academy and the United States Naval Academy may volunteer for appointment in the Air Force, whichever is earlier.”
Appointment of United States Military Academy Graduates in Air ForceAct Aug. 10, 1956, ch. 1041, § 44, 70A Stat. 637, provided that a cadet who had graduated from the United States Military Academy could, upon graduation and before the effective date of section 541 of this title, be appointed a second lieutenant in the Regular Air Force, and set forth provisions relating to date of appointment, service credit, rank among graduates, and increase in authorized strength.
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# 10 U.S.C. § 555 to 565 - Repealed. Pub. L. 102190, div. A, title XI, § 1112(a), Dec. 5, 1991, 105 Stat. 1492]
## Notes
Section 555, acts Aug. 10, 1956, ch. 1041, 70A Stat. 20; Sept. 7, 1962, Pub. L. 87649, §§ 6(f)(2), 14c(2), 76 Stat. 494, 501; July 30, 1977, Pub. L. 9579, title III, § 302(a)(4), 91 Stat. 326; Nov. 8, 1985, Pub. L. 99145, title V, § 531(a), title XIII, § 1303(a)(5), 99 Stat. 633, 739, related to warrant officer grades. See section 571(a) and (b) of this title.
Section 556, act Aug. 10, 1956, ch. 1041, 70A Stat. 20, related to credit for service of persons originally appointed in regular warrant officer grades under section 555 of this title. See section 572 of this title.
Section 557, act Aug. 10, 1956, ch. 1041, 70A Stat. 20, related to qualifications for promotion of regular warrant officers.
Section 558, act Aug. 10, 1956, ch. 1041, 70A Stat. 20, related to appointment of selection boards to consider promotions of regular warrant officers. See section 573(a), (b), (e), and (f) of this title.
Section 559, act Aug. 10, 1956, ch. 1041, 70A Stat. 21, related to eligibility of regular warrant officers for promotion.
Section 560, acts Aug. 10, 1956, ch. 1041, 70A Stat. 21; Sept. 2, 1958, Pub. L. 85861, § 33(a)(3), 72 Stat. 1564, related to selection procedure for promotion of warrant officers. See section 576(a) to (e) of this title.
Section 561, act Aug. 10, 1956, ch. 1041, 70A Stat. 22, related to effect of failure of selection of regular warrant officers for promotion. See section 577 of this title.
Section 562, act Aug. 10, 1956, ch. 1041, 70A Stat. 22, related to disapproval of promotion of regular warrant officers by Secretary concerned, President, or Senate. See section 579 of this title.
Section 563, act Aug. 10, 1956, ch. 1041, 70A Stat. 22, related to effective date of promotion of regular warrant officer.
Section 564, acts Aug. 10, 1956, ch. 1041, 70A Stat. 22; Sept. 7, 1962, Pub. L. 87649, § 6(f)(3), 76 Stat. 494; Nov. 2, 1966, Pub. L. 89718, § 3, 80 Stat. 1115; Dec. 12, 1980, Pub. L. 96513, title V, § 501(6), 94 Stat. 2907, related to effect of second failure of promotion for regular warrant officers. See section 580(a) to (d) of this title.
Section 565, act Aug. 10, 1956, ch. 1041, 70A Stat. 24, related to suspension of laws for promotion or mandatory retirement or separation of regular warrant officers during war or emergency.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Feb. 1, 1992, see section 1132 of Pub. L. 102190, set out as an Effective Date of 1991 Amendment note under section 521 of this title.
Preservation of Existing Law for Coast GuardPub. L. 102190, div. A, title XI, § 1125(a), Dec. 5, 1991, 105 Stat. 1505, provided that sections 555 to 565 of this title, as in effect on the day before Feb. 1, 1992, would continue to apply to the Coast Guard on and after that date, prior to repeal by Pub. L. 103337, div. A, title V, § 541(f)(1), Oct. 5, 1994, 108 Stat. 2766.