10 U.S.C. § 583 — Definitions

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 active duty for training; ‘‘(B) on active duty under section 12301(d) of this title in connection with organizing, administering, recruiting, instructing, or training the reserve com- ponents; ‘‘(C) on active duty to pursue special work; ‘‘(D) ordered to active duty under section 12304 of this title; or ‘‘(E) on full-time National Guard duty.’’ 1996—Par. (1)(B). Pub. L. 104–106 substituted ‘‘section 12301(d)’’ for ‘‘section 672(d)’’. Par. (1)(D). Pub. L. 104–106 substituted ‘‘section 12304’’ for ‘‘section 673b’’. 1994—Par. (2). Pub. L. 103–337 inserted before period at end ‘‘(other than retired warrant officers who were re- called to active duty before February 1, 1992, and have served continuously on active duty since that date)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–106, div. A, title XV, § 1501(c), Feb. 10, 1996, 110 Stat. 498, provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if in- cluded as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as originally enacted. 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. § 583. Definitions In this chapter: (1) The term ‘‘promotion zone’’ means a pro- motion eligibility category consisting of offi- cers on a warrant officer active-duty list in the same grade (or the same grade and com- petitive category) who— (A) in the case of grades below chief war- rant officer, W–5, have neither (i) failed of selection for promotion to the next higher grade, nor (ii) been removed from a list of warrant officers recommended for promotion to that grade (other than after having been placed on that list after a selection from below the promotion zone); and (B) are senior to the warrant officer des- ignated by the Secretary concerned to be the junior warrant officer in the promotion zone eligible for promotion to the next higher grade. (2) The term ‘‘warrant officers above the promotion zone’’ means a group of officers on a warrant officer active-duty list in the same grade (or the same grade and competitive cat- egory) who— (A) are eligible for consideration for pro- motion to the next higher grade; (B) are in the same grade as warrant offi- cers in the promotion zone; and (C) are senior to the senior warrant officer in the promotion zone. (3) The term ‘‘warrant officers below the promotion zone’’ means a group of officers on a warrant officer active-duty list in the same grade (or the same grade and competitive cat- egory) who— (A) are eligible for consideration for pro- motion to the next higher grade; (B) are in the same grade as warrant offi- cers in the promotion zone; and (C) are junior to the junior warrant officer in the promotion zone. (4) The active-duty list referred to in section 573(b) of this title includes the active-duty promotion list established by section 41a 1 of title 14. (Added Pub. L. 102–190, div. A, title XI, § 1112(a), Dec. 5, 1991, 105 Stat. 1501; amended Pub. L. 103–337, div. A, title V, § 541(f)(7), Oct. 5, 1994, 108 Stat. 2767.) Editorial Notes REFERENCES IN TEXT Section 41a of title 14, referred to in par. (4), was re- designated section 2102 of title 14 by Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216, and references to section 41a of title 14 deemed to refer to such redes- ignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redes- ignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard. AMENDMENTS 1994—Par. (4). Pub. L. 103–337 added par. (4). Page 577 TITLE 10—ARMED FORCES § 601 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. CHAPTER 34—APPOINTMENTS AS RESERVE OFFICERS Sec. 591. Reference to chapters 1205 and 1207. Editorial Notes AMENDMENTS 1994—Pub. L. 103–337, div. A, title XVI, § 1662(d)(3), Oct. 5, 1994, 108 Stat. 2991, amended analysis generally, substituting item 591 for former items 591 to 600a. 1992—Pub. L. 102–484, div. A, title V, § 515(b), Oct. 23, 1992, 106 Stat. 2407, added item 596. 1986—Pub. L. 99–661, div. A, title V, § 508(d)(1)(B), Nov. 14, 1986, 100 Stat. 3867, added item 600a. 1980—Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2849, substituted ‘‘34’’ for ‘‘35’’ as chapter number. 1958—Pub. L. 85–861, § 1(11), Sept. 2, 1958, 72 Stat. 1440, added item 592 and struck out item 596 ‘‘Officers: pro- motion’’. § 591. Reference to chapters 1205 and 1207 Provisions of law relating to appointments of reserve officers other than warrant officers are set forth in chapter 1205 of this title (beginning with section 12201). Provisions of law relating to appointments and promotion of reserve warrant officers are set forth in chapter 1207 (beginning with section 12241). (Added Pub. L. 103–337, div. A, title XVI, § 1662(d)(3), Oct. 5, 1994, 108 Stat. 2991.) Editorial Notes PRIOR PROVISIONS Prior sections 591 to 594, 595, and 596 were renumbered sections 12201 to 12204, 12208, and 12205 of this title, re- spectively. Another prior section 596, act Aug. 10, 1956, ch. 1041, 70A Stat. 25, related to promotion of officers in the Re- serve components, prior to repeal by Pub. L. 85–861, § 36B(2), Sept. 2, 1958, 72 Stat. 1570. Prior sections 596a, 596b, 597 to 599, 600, and 600a were renumbered sections 12206, 12207, 12241 to 12243, 12209, and 12210 of this title, respectively. 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 35—TEMPORARY APPOINTMENTS IN OFFICER GRADES Sec. 601. Positions of importance and responsibility: generals and lieutenant generals; admirals and vice admirals. 602. Flexibility in determining terms of appoint- ment for certain senior officer positions. Sec. 603. Appointments in time of war or national emergency. 604. Senior joint officer positions: recommenda- tions to the Secretary of Defense. 605. Promotion to certain grades for officers with critical skills: colonel, lieutenant colonel, major, captain; captain, commander, lieu- tenant commander, lieutenant. Editorial Notes AMENDMENTS 2023—Pub. L. 118–31, div. A, title V, § 504(b), Dec. 22, 2023, 137 Stat. 241, added item 602. 2018—Pub. L. 115–232, div. A, title V, § 503(a)(2), Aug. 13, 2018, 132 Stat. 1742, added item 605. 1994—Pub. L. 103–337, div. A, title IV, § 405(c)(2), Oct. 5, 1994, 108 Stat. 2745, added item 604. 1991—Pub. L. 102–190, div. A, title XI, § 1113(d)(1)(B), Dec. 5, 1991, 105 Stat. 1502, struck out item 602 ‘‘Warrant officers: temporary promotions’’ and substituted ‘‘Ap- pointments in time of war or national emergency’’ for ‘‘Commissioned officer grades: time of war or national emergency’’ in item 603. § 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 of general or admiral or lieutenant general or vice admiral. The President may assign to any such position an officer of the Army, Navy, Air Force, Marine Corps, or Space Force who is serv- ing on active duty in any grade above colonel or, in the case of an officer of the Navy, any grade above captain. An officer assigned to any such position has the grade specified for that position if he is appointed to that grade by the President, by and with the advice and consent of the Sen- ate. Except as provided in subsection (b), the ap- pointment of an officer to a grade under this section for service in a position of importance and responsibility ends on the date of the termi- nation of the assignment of the officer to that position. (b) An officer who is appointed to the grade of general, admiral, lieutenant general, or vice ad- miral for service in a position designated under subsection (a) or by law to carry that grade shall continue to hold that grade— (1) while serving in that position; (2) while under orders transferring him to another position designated under subsection (a) or by law to carry one of those grades, be- ginning 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 of De- fense, while the officer is awaiting orders after being relieved from the position designated under subsection (a) or by law to carry one of those grades, but not for more than 60 days be- ginning on the day the officer is relieved from the position, unless, during such period, the officer is placed under orders to another posi- tion designated under subsection (a) or by law