10 U.S.C. § 582

Current through P.L. 118-64 (published on www.congress.gov on 05/24/2024), except for [P. L. 118-63]

Section 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 section 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 Physician's Assistant Program.

10 U.S.C. § 582

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

AMENDMENTS2004-Par. (1). Pub. L. 108-375 amended par. (1) generally. 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 components;"(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 recalled 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 included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103-337 as originally enacted.

EFFECTIVE DATESection effective Feb. 1, 1992, see section 1132 of Pub. L. 102-190 set out as an Effective Date of 1991 Amendment note under section 521 of this title.

active duty

The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.

full-time National Guard duty

The term "full-time National Guard duty" means training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member's status as a member of the National Guard of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia under section 316, 502, 503, 504, or 505 of title 32 for which the member is entitled to pay from the United States or for which the member has waived pay from the United States.

officer

The term "officer" means a commissioned or warrant officer.