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10 USC CHAPTER 1207 - WARRANT OFFICERS 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1207 - WARRANT OFFICERS

.

-HEAD-

CHAPTER 1207 - WARRANT OFFICERS

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Sec.

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

12242. Warrant officers: promotion.

12243. Warrant officers: suspension of laws for promotion or

mandatory retirement or separation during war or emergency.

12244. Warrant officers: discharge or retirement for years of

service or for age.

AMENDMENTS

2001 - Pub. L. 107-107, div. A, title V, Sec. 517(e)(2), Dec.

28, 2001, 115 Stat. 1095, added item 12244.

1996 - Pub. L. 104-106, div. A, title XV, Sec. 1501(b)(15), Feb.

10, 1996, 110 Stat. 496, substituted ''promotion'' for

''promotions'' in item 12243.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 591 of this title.

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10 USC Sec. 12241 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1207 - WARRANT OFFICERS

-HEAD-

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

-STATUTE-

(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 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.

(c) Appointments as Reserves in permanent warrant officer grades

are for an indefinite term and are held during the pleasure of the

Secretary concerned.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 26, Sec. 597; Pub. L. 99-145,

title V, Sec. 531(b), Nov. 8, 1985, 99 Stat. 633; Pub. L. 102-190,

div. A, title XI, Sec. 1131(2), Dec. 5, 1991, 105 Stat. 1505;

renumbered Sec. 12241, Pub. L. 103-337, div. A, title XVI, Sec.

1662(d)(2), Oct. 5, 1994, 108 Stat. 2991.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

597(a) 10:600a(a) (less 3d May 29, 1954, ch.

and last sentences, 249, Sec. 3(a)

as applicable to (less last

permanent reserve sentence, as

appointments). applicable to

34:135a(a) (less permanent reserve

last sentence, as appointments), 5(a)

applicable to (last sentence, as

permanent reserve applicable to

appointments). permanent reserve

appointments), 68

Stat. 157, 159.

597(b) 10:600a(a) (3d July 9, 1952, ch.

sentence, as 608, Sec. 220, 223,

applicable to 224 (less 3d and

permanent reserve 4th sentences, and

appointments). less applicability

10:600c(a) (last to commissioned

sentence, as officers), 66 Stat.

applicable to 487.

permanent reserve

appointments).

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 July 9, 1952'' are omitted

as executed. 50:948 (2d and last sentence) is omitted as executed.

AMENDMENTS

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.''

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

Section 531(d) of Pub. L. 99-145 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

Section 531(c) of Pub. L. 99-145 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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 591 of this title.

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10 USC Sec. 12242 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1207 - WARRANT OFFICERS

-HEAD-

Sec. 12242. Warrant officers: promotion

-STATUTE-

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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 26, Sec. 598; Pub. L. 102-190,

div. A, title XI, Sec. 1131(3), Dec. 5, 1991, 105 Stat. 1505;

renumbered Sec. 12242, Pub. L. 103-337, div. A, title XVI, Sec.

1662(d)(2), Oct. 5, 1994, 108 Stat. 2991.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

598 10:600e (last May 29, 1954, ch.

sentence, less 249, Sec. 7 (last

applicability to sentence, less

temporary applicability to

promotions). 34:330 temporary

(last sentence, promotions), 68

less applicability Stat. 159.

to temporary

promotions).

-------------------------------

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 officer

active-duty list'' after ''reserve warrant officers''.

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.

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10 USC Sec. 12243 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1207 - WARRANT OFFICERS

-HEAD-

Sec. 12243. Warrant officers: suspension of laws for promotion or

mandatory retirement or separation during war or emergency

-STATUTE-

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 provision of law relating to promotion, or mandatory

retirement or separation, of permanent reserve warrant officers of

any armed force.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 26, Sec. 599; renumbered Sec.

12243, Pub. L. 103-337, div. A, title XVI, Sec. 1662(d)(2), Oct.

5, 1994, 108 Stat. 2991.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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599 10:600p (as May 29, 1954, ch.

applicable to 249, Sec. 18 (as

reserve warrant applicable to

officers). 34:330g reserve warrant

(as applicable to officers), 68 Stat.

reserve warrant 165.

officers).

34:430d (as

applicable to

reserve warrant

officers).

-------------------------------

The word ''may'' is substituted for the words ''is authorized, 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''.

AMENDMENTS

1994 - Pub. L. 103-337 renumbered section 599 of this title as

this section.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of the President under this section delegated 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.

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10 USC Sec. 12244 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1207 - WARRANT OFFICERS

-HEAD-

Sec. 12244. Warrant officers: discharge or retirement for years of

service or for age

-STATUTE-

Each reserve warrant officer of the Army, Navy, Air Force, or

Marine Corps who is in an active status and has reached the maximum

years of service or age prescribed by the Secretary concerned shall

-

(1) be transferred to the Retired Reserve if the warrant

officer is qualified for such transfer and does not request (in

accordance with regulations prescribed by the Secretary

concerned) not to be transferred to the Retired Reserve; or

(2) be discharged if the warrant officer is not qualified for

transfer to the Retired Reserve or has requested (in accordance

with regulations prescribed by the Secretary concerned) not to be

so transferred.

-SOURCE-

(Added Pub. L. 107-107, div. A, title V, Sec. 517(e)(1), Dec. 28,

2001, 115 Stat. 1095.)

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EFFECTIVE DATE

Section effective on the first day of the first month that begins

more than 180 days after Dec. 28, 2001, see section 517(g) of Pub.

L. 107-107, set out as an Effective Date of 2001 Amendment note

under section 10154 of this title.

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