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Title 10 — Armed Forces

Part II · Chapter 1207 — Warrant Officers

§ 12241. Warrant officers: grades; appointment, how made; term

Statutory text

(a)

The permanent reserve warrant officer grades in each armed force are those prescribed for regular warrant officers by section 571(a) of this title.

(b)

Appointments in permanent reserve warrant officer grades shall be made in the same manner as is prescribed for regular warrant officer grades by section 571(b) of this title.

(c)

Appointments as Reserves in permanent warrant officer grades are for an indefinite term and are held during the pleasure of the Secretary concerned.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 26, § 597 · 70A Stat. 26

    Enacted · 10 U.S.C. § 12241

    Aug. 10, 1956, ch. 1041, 70A Stat. 26, § 597

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 26, § 597

  2. Department of Defense Authorization Act, 1986

    Pub. L. 99–145 title V § 531(b) · 99 Stat. 583

    Amended · 10 U.S.C. § 12241(b)

    Pub. L. 99–145 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Reserve chief warrant officers of the Army and the Air Force shall be appointed in those grades, by warrant, by the Secretary concerned. Permanent reserve chief warrant officers of the Navy, Marine Corps, and Coast Guard shall be appointed in those grades, by commission, by the Secretary concerned. Permanent reserve warrant officers, W-1, shall be appointed in those grades, by warrant, by the Secretary concerned.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–145 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Reserve chief warrant officers of the Army and the Air Force shall be appointed in those grades, by warrant, by the Secretary concerned. Permanent reserve chief warrant officers of the Navy, Marine Corps, and Coast Guard shall be appointed in those grades, by commission, by the Secretary concerned. Permanent reserve warrant officers, W-1, shall be appointed in those grades, by warrant, by the Secretary concerned.”

    Enacted provision · exact public law section
    (b) Reserve Warrant Officers.— Section 597(b) of such title is 10 USC 597. amended to read as follows: “(b) Appointments made in the permanent reserve grade of warrant officer, W–1, shall be made by warrant by the Secretary concerned. Appointments made in a permanent reserve grade of chief warrant officer shall be made by commission by the Secretary concerned.”.

  3. Warrant Officer Management Act

    Pub. L. 102–190 div. A title XI § 1131(2) · 105 Stat. 1290

    Substituted · 10 U.S.C. § 12241(a)

    Pub. L. 102–190 substituted “section 571(a)” for “section 555(a)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–190 substituted “section 571(a)” for “section 555(a)”.

    Enacted provision · exact public law section
    (2) Section 597(a) is amended by striking out “section 555(a)” and inserting in lieu thereof “section 571(a)”.

    Effective date note
    Amendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of this title.

  4. Reserve Officer Personnel Management Act

    Pub. L. 103–337 div. A title XVI § 1662(d)(2) · 108 Stat. 2663

    Changed · 10 U.S.C. § 12241

    Pub. L. 103–337 renumbered section 597 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 103–337 renumbered section 597 of this title as this section.

    Enacted provision · exact public law section
    (2) Sections 591 (as amended by section 1631(b)), 592, 593 (as amended by section 1632), 594, 596, 596a (as added by section 1633), 596b (as added by section 1634), and 595 are transferred (in that order) to chapter 1205, as added by paragraph (1), inserted after the table of sections, and redesignated as follows: Section Redesignated section  591 12201  592 12202  593 12203  594 12204  596 12205  596a (as added by section 1633) 12206  596b (as added by section 1634) 12207  595 12208

  5. Ike Skelton National Defense Authorization Act for Fiscal Year 2011

    Pub. L. 111–383 div. A title V § 502(b) · 124 Stat. 4137

    Amended · 10 U.S.C. § 12241(b)

    Pub. L. 111–383 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Appointments made in the permanent reserve grade of warrant officer, W–1, shall be made by warrant by the Secretary concerned. Appointments made in a permanent reserve grade of chief warrant officer shall be made by commission by the Secretary concerned.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 111–383 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Appointments made in the permanent reserve grade of warrant officer, W–1, shall be made by warrant by the Secretary concerned. Appointments made in a permanent reserve grade of chief warrant officer shall be made by commission by the Secretary concerned.”

    Enacted provision · exact public law section
    (b) Reserve Officers.— Subsection (b) of section 12241 of such title is amended to read as follows: “(b) Appointments in permanent reserve warrant officer grades shall be made in the same manner as is prescribed for regular warrant officer grades by section 571(b) of this title.” .

4 of 5 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
597(a)10:600a(a) (less 3d and last sentences, as applicable to permanent reserve appointments).34:135a(a) (less last sentence, as applicable to permanent reserve appointments).May 29, 1954, ch. 249, §§ 3(a) (less last sentence, as applicable to permanent reserve appointments), 5(a) (last sentence, as applicable to permanent reserve appointments), 68 Stat. 157, 159.
597(b)10:600a(a) (3d sentence, as applicable to permanent reserve appointments).10:600c(a) (last sentence, as applicable to permanent reserve appointments).July 9, 1952, ch. 608, §§ 220, 223, 224 (less 3d and 4th sentences, and less applicability to commissioned officers), 66 Stat. 487.
 34:135a(a) (last sentence, as applicable to permanent reserve appointments).
 34:135c(a) (last sentence, as applicable to permanent reserve appointments).50:944.
597(c)50:947.
 50:948 (less 3d and 4th sentences, and less applicability to commissioned officers).

In subsection (b), the words “W–4, W–3, and W–2” and “persons” are omitted as surplusage.

In subsection (c), the words “After ” are omitted as executed. 50:948 (2d and last sentence) is omitted as executed.

Editorial Notes

Amendments1985–2011 · 4 rounds

2011

Subsec. (b). Pub. L. 111–383 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Appointments made in the permanent reserve grade of warrant officer, W–1, shall be made by warrant by the Secretary concerned. Appointments made in a permanent reserve grade of chief warrant officer shall be made by commission by the Secretary concerned.”

1994

Pub. L. 103–337 renumbered section 597 of this title as this section.

1991

Subsec. (a). Pub. L. 102–190 substituted “section 571(a)” for “section 555(a)”.

1985

Subsec. (b). Pub. L. 99–145 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Reserve chief warrant officers of the Army and the Air Force shall be appointed in those grades, by warrant, by the Secretary concerned. Permanent reserve chief warrant officers of the Navy, Marine Corps, and Coast Guard shall be appointed in those grades, by commission, by the Secretary concerned. Permanent reserve warrant officers, W-1, shall be appointed in those grades, by warrant, by the Secretary concerned.”

Statutory Notes and Related Subsidiaries

Effective Date of 1991 Amendment

Amendment by Pub. L. 102–190 effective , see section 1132 of Pub. L. 102–190, set out as a note under section 521 of this title.

Effective Date of 1985 Amendment

Pub. L. 99–145, title V, § 531(d), , 99 Stat. 633, provided that: “This section [amending this section and section 555 of this title and enacting provisions set out below] takes effect six months after the date of the enactment of this Act [].”

Transition Provisions for 1985 Amendment

Pub. L. 99–145, title V, § 531(c), , 99 Stat. 633, provided that:

“(1)

The amendments made by subsections (a) and (b) [amending this section and section 555 of this title] apply to any appointment of a warrant officer or chief warrant officer on or after the effective date of this section [see Effective Date of 1985 Amendment note above].

“(2)

An officer who on the effective date of this section is serving in a chief warrant officer grade under an appointment by warrant may be appointed in that grade by commission under section 555(b) or 597(b) [now 12241(b)] of title 10, United States Code, as appropriate. The date of rank of an officer who receives an appointment under this paragraph is the date of rank for the officer’s appointment by warrant to that grade.”

Presidential Functions

Pub. L. 111–383, div. A, title V, § 502(c), , 124 Stat. 4207, provided that: “Except as otherwise provided by the President by Executive order, the provisions of Executive Order 13384 (10 U.S.C. 531 note) relating to the functions of the President under the second sentence of section 571(b) of title 10, United States Code, shall apply in the same manner to the functions of the President under section 12241(b) of title 10, United States Code.”

Executive Documents

Delegation of Functions

Authority of President under subsec. (b) of this section to appoint by commission reserve chief warrant officers in the Coast Guard delegated to Secretary of Homeland Security by Ex. Ord. No. 14106, § 1(h), , 88 F.R. 55905, set out in a note under section 2101 of Title 14, Coast Guard.

Credits

1956–2011 · 5 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 26, § 597
  2. 1985Pub. L. 99–145, title V, § 531(b), , 99 Stat. 633
  3. 1991Pub. L. 102–190, div. A, title XI, § 1131(2), , 105 Stat. 1505
  4. 1994renumbered § 12241, Pub. L. 103–337, div. A, title XVI, § 1662(d)(2), , 108 Stat. 2991
  5. 2011Pub. L. 111–383, div. A, title V, § 502(b), , 124 Stat. 4207.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 26, § 597; Pub. L. 99–145, title V, § 531(b), , 99 Stat. 633; Pub. L. 102–190, div. A, title XI, § 1131(2), , 105 Stat. 1505; renumbered § 12241, Pub. L. 103–337, div. A, title XVI, § 1662(d)(2), , 108 Stat. 2991; Pub. L. 111–383, div. A, title V, § 502(b), , 124 Stat. 4207.)

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