10 U.S.C. § 12241
10 U.S.C. § 12241
| HISTORICAL AND REVISION NOTE | ||
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 597(a) | 10:600a(a) (less 3d and last sentences, as applicable to permanent reserve appointments).34:135a(a) (less last sentence, as applicable to permanent reserve appointments). | May 29, 1954, ch. 249, §§3(a) (less last sentence, as applicable to permanent reserve appointments), 5(a) (last sentence, as applicable to permanent reserve appointments), 68 Stat. 157, 159. |
| 597(b) | 10:600a(a) (3d sentence, as applicable to permanent reserve appointments).10:600c(a) (last sentence, as applicable to permanent reserve appointments). | July 9, 1952, ch. 608, §§220, 223, 224 (less 3d and 4th sentences, and less applicability to commissioned officers), 66 Stat. 487. |
| 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). | ||
EDITORIAL NOTES
AMENDMENTS2011-Subsec. (b). Pub. L. 111-383 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "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."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."
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 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."
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 sentence 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 section to appoint by commission reserve chief warrant officers 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.
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- grade
- The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
- officer
- The term "officer" means a commissioned or warrant officer.
- rank
- The term "rank" means the order of precedence among members of the armed forces.
- warrant officer
- The term "warrant officer" means a person who holds a commission or warrant in a warrant officer grade.