---
kind: "section"
citation: "10 U.S.C. § 601"
title: "10"
title_heading: "Armed Forces"
number: "601"
heading: "Positions of importance and responsibility: generals and lieutenant generals; admirals and vice admirals"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/601"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 35 — Temporary Appointments in Officer Grades"
---

# §601. Positions of importance and responsibility: generals and lieutenant generals; admirals and vice admirals

- (a) The President may designate positions of importance and responsibility to carry the [grade](/usc/10/101.md?p=b-7) of general or admiral or lieutenant general or vice admiral. The President may assign to any such position an [officer](/usc/10/101.md?p=b-1) of the Army, Navy, Air Force, Marine Corps, or Space Force who is serving on [active duty](/usc/10/101.md?p=d-1) in any [grade](/usc/10/101.md?p=b-7) above colonel or, in the case of an [officer](/usc/10/101.md?p=b-1) of the Navy, any [grade](/usc/10/101.md?p=b-7) above captain. An [officer](/usc/10/101.md?p=b-1) assigned to any such position has the [grade](/usc/10/101.md?p=b-7) specified for that position if he is appointed to that [grade](/usc/10/101.md?p=b-7) by the President, by and with the advice and consent of the Senate. Except as provided in [subsection (b)](#b), the appointment of an [officer](/usc/10/101.md?p=b-1) to a [grade](/usc/10/101.md?p=b-7) under this section for service in a position of importance and responsibility ends on the date of the termination of the assignment of the [officer](/usc/10/101.md?p=b-1) to that position.
- (b) An [officer](/usc/10/101.md?p=b-1) who is appointed to the [grade](/usc/10/101.md?p=b-7) of general, admiral, lieutenant general, or vice admiral for service in a position designated under [subsection (a)](#a) or by law to carry that [grade](/usc/10/101.md?p=b-7) shall continue to hold that [grade](/usc/10/101.md?p=b-7)—
  - (1) while serving in that position;
  - (2) while under orders transferring him to another position designated under [subsection (a)](#a) or by law to carry one of those [grades](/usc/10/101.md?p=b-7), beginning on the day his assignment to the first position is terminated and ending on the day before the day on which he assumes the second position;
  - (3) while hospitalized, beginning on the day of the hospitalization and ending on the day he is discharged from the hospital, but not for more than 180 days;
  - (4) at the discretion of the [Secretary](/usc/10/4951.md?p=3) of Defense, while the [officer](/usc/10/101.md?p=b-1) is awaiting orders after being relieved from the position designated under [subsection (a)](#a) or by law to carry one of those [grades](/usc/10/101.md?p=b-7), but not for more than 60 days beginning on the day the [officer](/usc/10/101.md?p=b-1) is relieved from the position, unless, during such period, the [officer](/usc/10/101.md?p=b-1) is placed under orders to another position designated under [subsection (a)](#a) or by law to carry one of those [grades](/usc/10/101.md?p=b-7), in which case [paragraph (2)](#b-2) will also apply to the [officer](/usc/10/101.md?p=b-1); and
  - (5) while awaiting retirement, beginning on the day he is relieved from the position designated under [subsection (a)](#a) or by law to carry one of those [grades](/usc/10/101.md?p=b-7) and ending on the day before his retirement, but—
    - (A) subject to [subparagraph (B)](#b-5-B), not for more than 60 days; and
    - (B) with respect to an [officer](/usc/10/101.md?p=b-1) awaiting retirement following not less than one year of consecutive deployment outside of the [United States](/usc/10/101.md?p=a-1) to a combat zone (as defined in section 112(c) of the Internal Revenue Code of 1986) or in support of a [contingency operation](/usc/10/101.md?p=a-13), not for more than 90 days.
- (c)
  - (1) An appointment of an [officer](/usc/10/101.md?p=b-1) under [subsection (a)](#a) does not vacate the permanent [grade](/usc/10/101.md?p=b-7) held by the [officer](/usc/10/101.md?p=b-1).
  - (2) An [officer](/usc/10/101.md?p=b-1) serving in a [grade](/usc/10/101.md?p=b-7) above major general or rear admiral who holds the permanent [grade](/usc/10/101.md?p=b-7) of brigadier general or rear admiral (lower half) shall be considered for promotion to the permanent [grade](/usc/10/101.md?p=b-7) of major general or rear admiral, as appropriate, as if he were serving in his permanent [grade](/usc/10/101.md?p=b-7).
- (d)
  - (1) When an [officer](/usc/10/101.md?p=b-1) is recommended to the President for an initial appointment to the [grade](/usc/10/101.md?p=b-7) of lieutenant general or vice admiral, or for an initial appointment to the [grade](/usc/10/101.md?p=b-7) of general or admiral, the Chairman of the Joint Chiefs of Staff shall submit to the [Secretary](/usc/10/4951.md?p=3) of Defense the Chairman’s evaluation of the performance of that [officer](/usc/10/101.md?p=b-1) as a member of the Joint Staff and in other [joint duty assignments](/usc/10/668.md?p=b-1). The [Secretary](/usc/10/4951.md?p=3) of Defense shall submit the Chairman’s evaluation to the President at the same time the recommendation for the appointment is submitted to the President.
  - (2) Whenever a vacancy occurs in a position within the [Department](/usc/10/101.md?p=a-6) of Defense that the President has designated as a position of importance and responsibility to carry the [grade](/usc/10/101.md?p=b-7) of general or admiral or lieutenant general or vice admiral or in an office that is designated by law to carry such a [grade](/usc/10/101.md?p=b-7), the [Secretary](/usc/10/4951.md?p=3) of Defense shall inform the President of the qualifications needed by an [officer](/usc/10/101.md?p=b-1) serving in that position or office to carry out effectively the duties and responsibilities of that position or office.
- (e) Prior to making a recommendation to the [Secretary](/usc/10/4951.md?p=3) of Defense for the nomination of an [officer](/usc/10/101.md?p=b-1) for appointment to a position of importance and responsibility under this section, which appointment would result in the initial appointment of the [officer](/usc/10/101.md?p=b-1) concerned in the [grade](/usc/10/101.md?p=b-7) of lieutenant general or general in the Army, Air Force, Marine Corps, or Space Force or vice admiral or admiral in the Navy, the [Secretary concerned](/usc/10/2801.md?p=c-5) shall consider all [officers](/usc/10/101.md?p=b-1) determined to be among the best qualified for such position.

## Source credit

(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2849; amended Pub. L. 97–86, title IV, § 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 98–525, title V, § 523, Oct. 19, 1984, 98 Stat. 2523; Pub. L. 99–145, title V, § 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 99–433, title IV, § 403, Oct. 1, 1986, 100 Stat. 1031; Pub. L. 102–190, div. A, title V, § 502(a), Dec. 5, 1991, 105 Stat. 1354; Pub. L. 104–106, div. A, title IV, § 403(c), Feb. 10, 1996, 110 Stat. 287; Pub. L. 110–181, div. A, title V, § 501(a), Jan. 28, 2008, 122 Stat. 94; Pub. L. 116–283, div. A, title V, § 551(b)(1), title IX, § 924(b)(3)(C), Jan. 1, 2021, 134 Stat. 3630, 3821; Pub. L. 117–263, div. A, title V, § 505, Dec. 23, 2022, 136 Stat. 2558; Pub. L. 118–31, div. A, title XVII, § 1741(a)(4), Dec. 22, 2023, 137 Stat. 679.)

## Notes

### Editorial Notes

### References in Text

Section 112 of the Internal Revenue Code of 1986, referred to in subsec. (b)(5)(B), is classified to section 112 of Title 26, Internal Revenue Code.

### Amendments

2023—Subsec. (e). Pub. L. 118–31 substituted “Marine Corps, or Space Force or” for “or Marine Corps,” and struck out “or the commensurate grades in the Space Force,” after “in the Navy,”.

2022—Subsec. (b)(5). Pub. L. 117–263 substituted “retirement, but—” and subpars. (A) and (B) for “retirement, but not for more than 60 days.”

2021—Subsec. (a). Pub. L. 116–283, § 924(b)(3)(C), substituted “Marine Corps, or Space Force” for “or Marine Corps”.

Subsec. (e). Pub. L. 116–283, § 551(b)(1), added subsec. (e).

2008—Subsec. (b)(4), (5). Pub. L. 110–181 added par. (4) and redesignated former par. (4) as (5).

1996—Subsec. (b). Pub. L. 104–106, § 403(c)(1), in introductory provisions substituted “designated under subsection (a) or by law” for “of importance and responsibility designated”.

Subsec. (b)(1). Pub. L. 104–106, § 403(c)(2), struck out “of importance and responsibility” after “position”.

Subsec. (b)(2). Pub. L. 104–106, § 403(c)(3), substituted “designated under subsection (a) or by law” for “designating”.

Subsec. (b)(4). Pub. L. 104–106, § 403(c)(4), inserted “under subsection (a) or by law” after “designated”.

1991—Subsec. (b)(4). Pub. L. 102–190 substituted “60 days” for “90 days”.

1986—Subsec. (d). Pub. L. 99–433 added subsec. (d).

1985—Subsec. (c)(2). Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore”.

1984—Subsec. (b). Pub. L. 98–525 amended subsec. (b) generally, which prior to amendment had provided that if the assignment of an officer who was serving in a position designated to carry the grade of general, admiral, lieutenant general, or vice admiral was terminated (1) by the assignment of such officer to another position designated to carry one of those grades, such officers would hold, during the period beginning on the day of that termination and ending on the day before the day on which he assumed the other position, the grade that he had held on the day before the termination; (2) by the hospitalization of such officer, such officer would hold, during the period beginning on the day of that termination and ending on the day he was discharged from the hospital, but not for more than 180 days, the grade that he had held on the day before the termination; or (3) by the retirement of such officer, such officer would hold, during the period beginning on the day of that termination and ending on the day before his retirement, but not for more than 90 days, the grade that he had held on the day before the termination.

1981—Subsec. (c)(2). Pub. L. 97–86 substituted “commodore” for “commodore admiral”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1991 Amendment

Pub. L. 102–190, div. A, title V, § 502(b), Dec. 5, 1991, 105 Stat. 1355, provided that: “The amendment made by subsection (a) [amending this section] shall take effect 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 section 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.
