10 U.S.C. § 582 — Warrant officer active-duty list: exclusions

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).