10 U.S.C. § 605 — Promotion to certain grades for officers with critical skills: colonel, lieutenant colonel, major, captain; captain, commander, lieutenant commander, lieutenant

(a) General. Under regulations prescribed by the responsible Secretary, an officer^* in the grade^* of first lieutenant, captain, major, or lieutenant colonel in the Army^*, Air Force, Marine Corps, or Space Force, or lieutenant (junior grade), lieutenant, lieutenant commander, or commander in the Navy, who meets subsection (b), may be temporarily promoted to the applicable grade of captain, major, lieutenant colonel, or colonel in those four services, or lieutenant, lieutenant commander, commander, or captain in the Navy. The President makes each appointment with the advice and consent of the Senate. (b) Covered officers. The officer must be in a grade listed in (a), (1) have a skill in which the service has a critical personnel shortage, as the responsible Secretary determines, and (2) serve in a position that the Secretary determines (A) is designated for a captain, major, lieutenant colonel, or colonel, or the applicable Navy grade, and (B) requires the officer serving there to have that officer’s skill. (c) Position and status preserved. An appointment does not change the officer’s position on the active-duty list^* or permanent, probationary, or acting status, prejudice the officer regarding another promotion or appointment, or reduce the officer’s rights or benefits. (d) Board recommendation. A temporary promotion may be made only on the recommendation of an officers’ board convened by the responsible Secretary for that purpose. (e) Acceptance and effective date. Unless expressly declined, each appointment is treated as accepted without formal acceptance on the date made. The officer receives the temporary grade’s pay^* and allowances from that date. (f) Ending the appointment. Unless ended sooner, it ends (1) when the officer is promoted to the permanent applicable grade; or (2) when the officer is detached from a position described in (b)(2), unless on a promotion list for the permanent applicable grade, in which case it ends when promoted to that grade. (g) Position limits. Appointments may be made only for positions designated by the responsible Secretary. The maximum numbers are: (1) Army—(A) captain, 120; (B) major, 350; (C) lieutenant colonel, 200; (D) colonel, 100. (2) Air Force—(A) captain, 95; (B) major, 305; (C) lieutenant colonel, 165; (D) colonel, 75. (3) Space Force—(A) captain, 5; (B) major, 20; (C) lieutenant colonel, 10; (D) colonel, 5. (4) Marine Corps—(A) captain, 50; (B) major, 175; (C) lieutenant colonel, 100; (D) colonel, 50. (5) Navy—(A) lieutenant, 100; (B) lieutenant commander, 425; (C) commander, 175; (D) captain, 80.