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10 U.S.C. § 582 — Warrant officer active-duty list: exclusions
Federal law — U.S. Code and appendices · legal_authorities
Warrant officers in the following categories are not subject to this chapter:
(1) Reserve warrant officers—
(A) on active duty as authorized under section 115(a)(1)(B) or 115(b)(1) of this title, or excluded from counting for active duty end strengths under [section 115(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section115/i&num=0&edition=prelim); or
(B) on full-time National Guard duty.
(2) Retired warrant officers on active duty (other than retired warrant officers who were recalled to active duty before February 1, 1992, and have served continuously on active duty since that date).
(3) Students enrolled in the Army Physician’s Assistant Program.
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Stable record: federal_law:legal_authorities:record_usc_08be7fd531364c6417ade6e6
Source file: Laws/federal/codes/united-states-code/title-10/section-582-warrant-officer-active-duty-list-exclusions--6151e21884.md
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Source location: Title 10, Chapter 33A, § 582; chapter-33a-appointment-promotion-and-involuntary-separation-and-retirement-for-members-on-the-warrant-officer-active-duty-list.md
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Warrant officers in the following categories are not subject to this chapter:
(1) Reserve warrant officers—
(A) on active duty as authorized under section 115(a)(1)(B) or 115(b)(1) of this title, or excluded from counting for active duty end strengths under [section 115(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section115/i&num=0&edition=prelim); or
(B) on full-time National Guard duty.
(2) Retired warrant officers on active duty (other than retired warrant officers who were recalled to active duty before February 1, 1992, and have served continuously on active duty since that date).
(3) Students enrolled in the Army Physician’s Assistant Program.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever the needs of the services require, but at least once each fiscal year, the Secretary of Defense shall prescribe the total authorized active-duty strength as of the end of the fiscal year for officers in grades above chief warrant officer, W–5, for each of the armed forces under the jurisdiction of the Secretary of a military department.
**(b)** Under regulations prescribed by the Secretary of Defense, the Secretary of each military department may, for an armed force under his jurisdiction, prescribe the strength of any category of officers that may serve on active duty.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 521
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** Notwithstanding the provisions of section 12302(a) or any other provision of law, when the President determines that it is necessary to augment the active forces or that it is necessary to provide assistance referred to in subsection (b), he may authorize the Secretary of Defense and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, without the consent of the members concerned, to order any unit, and any member not assigned to a unit organized to serve as a unit of the Selected Reserve (as defined in [section 10143(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10143/a&num=0&edition=prelim)), or any member in the Individual Ready Reserve mobilization category and designated as essential under regulations prescribed by the Secretary concerned, under their respective jurisdictions, to active duty for not more than 365 consecutive days.
**(b) Support for Responses to Certain Emergencies.—** The authority under subsection (a) includes authority to order a unit or member to active duty to provide assistance in responding to an emergency involving—
(1) a use or threatened use of a weapon of mass destruction; or
(2) a terrorist attack or threatened terrorist attack in the United States that results, or could result, in significant loss of life or property.
**(c) Authority Relating to Significant Cyber Incidents.—** When the Secretary of Defense or the Secretary of the department in which the Coast Guard is operating determines that it is necessary to augment the active armed forces for the response of the Department of Defense or other department under which the Coast Guard is operating, respectively, to a covered incident, such Secretary m
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12304
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The regular warrant officer grades in the armed forces corresponding to the pay grades prescribed for warrant officers by [section 201(b) of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section201/b&num=0&edition=prelim) are as follows:Warrant officer grade: Chief warrant officer, W–5. Chief warrant officer, W–4. Chief warrant officer, W–3. Chief warrant officer, W–2. Warrant officer, W–1.
**(b)** Appointments in the grade of regular warrant officer, W–1, shall be made by warrant, except that with respect to an armed force under the jurisdiction of the Secretary of a military department, the Secretary concerned may provide by regulation that appointments in that grade in that armed force shall be made by commission. Appointments in regular chief warrant officer grades shall be made by commission by the President, and appointments (whether by warrant or commission) in the grade of regular warrant officer, W–1, shall be made by the President, except that appointments in that grade in the Coast Guard shall be made by the Secretary concerned.
**(c)** An appointment may not be made in any of the armed forces in the regular warrant officer grade of chief warrant officer, W–5, if the appointment would result in more than 5 percent of the warrant officers of that armed force on active duty being in the grade of chief warrant officer, W–5. In computing the limitation prescribed in the preceding sentence, there shall be excluded warrant officers described in [section 582 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section582&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 571
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary concerned shall maintain for each armed force under the jurisdiction of that Secretary a single list of all warrant officers (other than warrant officers described in [section 582 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section582&num=0&edition=prelim)) who are on active duty.
**(b)** The Secretary concerned may establish competitive categories for promotion. Warrant officers in the same competitive category shall compete among themselves for promotion.
**(c)** Before convening a selection board under [section 573 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section573&num=0&edition=prelim), the Secretary concerned shall determine for each grade (or grade and competitive category) to be considered by the board the following:
(1) The maximum number of warrant officers to be recommended for promotion.
(2) A promotion zone for warrant officers on the warrant officer active-duty list.
**(d)** The position of a warrant officer on the warrant officer active-duty list shall be determined as follows:
(1) Warrant officers shall be carried in the order of seniority of the grade in which they are serving on active duty.
(2) Warrant officers serving in the same grade shall be carried in the order of their rank in that grade.
(3) A warrant officer on the warrant officer active-duty list who receives a temporary appointment or a temporary assignment in a grade other than a warrant officer grade or chief warrant officer grade shall retain his position on the warrant officer active-duty list while so serving.
**(e)** A chief warrant officer may not be considered for promotion to the next higher grade under this chapter until the officer has completed two years of service on
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 574
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Federal law — U.S. Code and appendices · legal_authorities
Page 576
TITLE 10—ARMED FORCES
§ 582
1 See References in Text note below.
1992—Subsec. (d)(2). Pub. L. 102–484 substituted
‘‘board’’ for ‘‘Board’’ in two places in first sentence.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–337 effective on the first
day of the fourth month beginning after Oct. 5, 1994, see
section 541(h) of Pub. L. 103–337, set out as a note under
section 571 of this title.
EFFECTIVE DATE
Section effective Feb. 1, 1992, see section 1132 of Pub.
L. 102–190, set out as an Effective Date of 1991 Amend-
ment note under section 521 of this title.
§ 582. Warrant officer active-duty list: exclusions
Warrant officers in the following categories
are not subject to this chapter:
(1) Reserve warrant officers—
(A) on active duty as authorized under sec-
tion 115(a)(1)(B) or 115(b)(1) of this title, or
excluded from counting for active duty end
strengths under section 115(i) of this title; or
(B) on full-time National Guard duty.
(2) Retired warrant officers on active duty
(other than retired warrant officers who were
recalled to active duty before February 1, 1992,
and have served continuously on active duty
since that date).
(3) Students enrolled in the Army Physi-
cian’s Assistant Program.
(Added Pub. L. 102–190, div. A, title XI, § 1112(a),
Dec. 5, 1991, 105 Stat. 1500; amended Pub. L.
103–337, div. A, title V, § 501(d), Oct. 5, 1994, 108
Stat. 2748; Pub. L. 104–106, div. A, title XV,
§ 1501(c)(5), Feb. 10, 1996, 110 Stat. 498; Pub. L.
108–375, div. A, title IV, § 416(i), Oct. 28, 2004, 118
Stat. 1869.)
Editorial Notes
AMENDMENTS
2004—Par. (1). Pub. L. 108–375 amended par. (1) gen-
erally. Prior to amendment, par. (1) read as follows:
‘‘Reserve warrant officers—
‘‘(A) on acti
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 582
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