10 U.S.C. § 12241 — Warrant officers: grades; appointment,

Page 3656 TITLE 10—ARMED FORCES § 12215 Editorial Notes AMENDMENTS 1996—Pub. L. 104–106 inserted ‘‘the’’ after ‘‘National Guard of’’ in section catchline. 1994—Pub. L. 103–337, § 1662(c)(3), renumbered section 8352 of this title as this section. Subsec. (a). Pub. L. 103–337, § 1675(b)(2), struck out ‘‘or Territory, Puerto Rico, or the District of Columbia, whichever is’’ after ‘‘authority of the State’’. 1988—Subsec. (a). Pub. L. 100–456 struck out ‘‘the Canal Zone,’’ after ‘‘Puerto Rico,’’. 1962—Subsec. (a). Pub. L. 87–651 struck out sentence which provided that upon transfer, an officer is eligible for promotion to the highest regular or reserve grade ever held by him in the Air Force, if his service has been honorable. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. § 12215. Commissioned officers: reserve grade of adjutants general and assistant adjutants general (a) The adjutant general or an assistant adju- tant general of the Army National Guard of a State may, upon being extended Federal rec- ognition, be appointed as a reserve officer of the Army as of the date on which he is so recog- nized. (b) The adjutant general or an assistant adju- tant general of the Air National Guard of a State may be appointed in the reserve commis- sioned grade in which Federal recognition in the Air National Guard is extended to him. (Added Pub. L. 103–337, div. A, title XVI, § 1662(c)(1), Oct. 5, 1994, 108 Stat. 2990.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3392 and 8392 of this title, prior to re- peal by Pub. L. 103–337, § 1629(a)(1), (c)(1). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 1, 1994, except as otherwise pro- vided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title. CHAPTER 1207—WARRANT OFFICERS Sec. 12241. Warrant officers: grades; appointment, how made; term. 12242. Warrant officers: promotion. 12243. Warrant officers: suspension of laws for pro- motion or mandatory retirement or separa- tion during war or emergency. 12244. Warrant officers: discharge or retirement for years of service or for age. Sec. Editorial Notes AMENDMENTS 2001—Pub. L. 107–107, div. A, title V, § 517(e)(2), Dec. 28, 2001, 115 Stat. 1095, added item 12244. 1996—Pub. L. 104–106, div. A, title XV, § 1501(b)(15), Feb. 10, 1996, 110 Stat. 496, substituted ‘‘promotion’’ for ‘‘promotions’’ in item 12243. § 12241. Warrant officers: grades; appointment, how made; term (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 war- rant officer grades shall be made in the same manner as is prescribed for regular warrant offi- cer 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 Sec- retary concerned. (Aug. 10, 1956, ch. 1041, 70A Stat. 26, § 597; Pub. L. 99–145, title V, § 531(b), Nov. 8, 1985, 99 Stat. 633; Pub. L. 102–190, div. A, title XI, § 1131(2), Dec. 5, 1991, 105 Stat. 1505; renumbered § 12241, Pub. L. 103–337, div. A, title XVI, § 1662(d)(2), Oct. 5, 1994, 108 Stat. 2991; Pub. L. 111–383, div. A, title V, § 502(b), Jan. 7, 2011, 124 Stat. 4207.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 597(a) ...... 10:600a(a) (less 3d and last sentences, as ap- plicable to permanent reserve appointments). 34:135a(a) (less last sen- tence, as applicable to permanent reserve ap- pointments). May 29, 1954, ch. 249, §§ 3(a) (less last sen- tence, as applicable to permanent reserve ap- pointments), 5(a) (last sentence, as applicable to permanent reserve appointments), 68 Stat. 157, 159. 597(b) ...... 10:600a(a) (3d sentence, as applicable to perma- nent reserve appoint- ments). 10:600c(a) (last sentence, as applicable to perma- nent reserve appoint- ments). July 9, 1952, ch. 608, §§ 220, 223, 224 (less 3d and 4th sentences, and less applicability to commissioned offi- cers), 66 Stat. 487. 34:135a(a) (last sentence, as applicable to perma- nent reserve appoint- ments). 34:135c(a) (last sentence, as applicable to perma- nent reserve appoint- ments). 50:944. 597(c) ...... 50:947. 50:948 (less 3d and 4th sentences, and less ap- plicability to commis- sioned 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 July 9, 1952’’ are omitted as executed. 50:948 (2d and last sentence) is omitted as executed. Editorial Notes AMENDMENTS 2011—Subsec. (b). Pub. L. 111–383 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘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.’’ Page 3657 TITLE 10—ARMED FORCES § 12243 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 fol- lows: ‘‘Reserve chief warrant officers of the Army and the Air Force shall be appointed in those grades, by warrant, by the Secretary concerned. Permanent re- serve 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 Feb. 1, 1992, 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), Nov. 8, 1985, 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 [Nov. 8, 1985].’’ TRANSITION PROVISIONS FOR 1985 AMENDMENT Pub. L. 99–145, title V, § 531(c), Nov. 8, 1985, 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 sec- tion 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 appoint- ment 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), Jan. 7, 2011, 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 sen- tence 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 sec- tion to appoint by commission reserve chief warrant of- ficers in the Coast Guard delegated to Secretary of Homeland Security by Ex. Ord. No. 14106, § 1(h), Aug. 14, 2023, 88 F.R. 55905, set out in a note under section 2101 of Title 14, Coast Guard. § 12242. Warrant officers: promotion The promotion of permanent reserve warrant officers not on the warrant officer active-duty list to permanent reserve warrant officer grades shall be governed by such regulations as the Secretary concerned may prescribe. (Aug. 10, 1956, ch. 1041, 70A Stat. 26, § 598; Pub. L. 102–190, div. A, title XI, § 1131(3), Dec. 5, 1991, 105 Stat. 1505; renumbered § 12242, Pub. L. 103–337, div. A, title XVI, § 1662(d)(2), Oct. 5, 1994, 108 Stat. 2991.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 598 .......... 10:600e (last sentence, less applicability to temporary pro- motions). 34:330 (last sentence, less applicability to tem- porary promotions). May 29, 1954, ch. 249, § 7 (last sentence, less ap- plicability to tem- porary promotions), 68 Stat. 159. Editorial Notes AMENDMENTS 1994—Pub. L. 103–337 renumbered section 598 of this title as this section. 1991—Pub. L. 102–190 inserted ‘‘not on the warrant of- ficer active-duty list’’ after ‘‘reserve warrant officers’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1991 AMENDMENT 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. § 12243. Warrant officers: suspension of laws for promotion or mandatory retirement or sepa- ration during war or emergency In time of war, or of emergency declared after May 29, 1954, by Congress or the President, the President may suspend the operation of any pro- vision of law relating to promotion, or manda- tory retirement or separation, of permanent re- serve warrant officers of any armed force. (Aug. 10, 1956, ch. 1041, 70A Stat. 26, § 599; renum- bered § 12243, Pub. L. 103–337, div. A, title XVI, § 1662(d)(2), Oct. 5, 1994, 108 Stat. 2991.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 599 .......... 10:600p (as applicable to reserve warrant offi- cers). 34:330g (as applicable to reserve warrant offi- cers). May 29, 1954, ch. 249, § 18 (as applicable to re- serve warrant officers), 68 Stat. 165. 34:430d (as applicable to reserve warrant offi- cers). The word ‘‘may’’ is substituted for the words ‘‘is au- thorized, in his discretion’’. The words ‘‘any provision of law’’ are substituted for the words ‘‘all or any part or parts of the several provisions of law’’. Editorial Notes AMENDMENTS 1994—Pub. L. 103–337 renumbered section 599 of this title as this section. Executive Documents DELEGATION OF FUNCTIONS Functions of the President under this section dele- gated to the Secretary of Defense, see section 1(4) of Ex. Ord. No. 11390, Jan. 22, 1968, 33 F.R. 841, set out as a note under section 301 of Title 3, The President.