
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC571]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
  CHAPTER 33A--APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION AND 
     RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY LIST
 
Sec. 571. Warrant officers: grades

    (a) The regular warrant officer grades in the armed forces 
corresponding to the pay grades prescribed for warrant officers by 
section 201(b) of title 37 are as follows:

Warrant officer grade:
    Chief warrant officer, W-5.
    Chief warrant officer, W-4.
    Chief warrant officer, W-3.
    Chief warrant officer, W-2.
    Warrant officer, W-1.

    (b) Appointments in the grade of regular warrant officer, W-1, shall 
be made by warrant by the Secretary concerned. Appointments in regular 
chief warrant officer grades shall be made by commission by the 
President.
    (c) An appointment may not be made in any of the armed forces in the 
regular warrant officer grade of chief warrant officer, W-5, if the 
appointment would result in more than 5 percent of the warrant officers 
of that armed force on active duty being in the grade of chief warrant 
officer, W-5. In computing the limitation prescribed in the preceding 
sentence, there shall be excluded warrant officers described in section 
582 of this title.

(Added Pub. L. 102-190, div. A, title XI, Sec. 1112(a), Dec. 5, 1991, 
105 Stat. 1493; amended Pub. L. 102-484, div. A, title X, Sec. 1052(2), 
Oct. 23, 1992, 106 Stat. 2499; Pub. L. 103-337, div. A, title V, 
Sec. 541(a)(2), Oct. 5, 1994, 108 Stat. 2764.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 555 of this title prior to repeal by Pub. L. 102-190, 
Sec. 1112(a).


                               Amendments

    1994--Subsec. (a). Pub. L. 103-337 substituted ``armed forces'' for 
``Army, Navy, Air Force, and Marine Corps''.
    1992--Subsec. (a). Pub. L. 102-484 inserted a period at end of each 
item in table.


                    Effective Date of 1994 Amendment

    Section 541(h) of Pub. L. 103-337 provided that: ``This section 
[enacting section 215 of Title 14, Coast Guard, amending this section, 
sections 573 to 576, 580, 580a, 581, and 583 of this title, and sections 
41, 214, 286a, and 334 of Title 14, repealing sections 212 and 213 of 
Title 14, enacting provisions set out as notes under this section, and 
repealing a provision set out as a note under former section 555 of this 
title] and the amendments made by this section shall take effect on the 
first day of the fourth month beginning after the date of the enactment 
of this Act [Oct. 5, 1994].''


                             Effective Date

    Chapter 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.


                               Short Title

    Section 1101 of title XI of Pub. L. 102-190 provided that: ``This 
title [enacting this chapter and section 742 of this title, amending 
sections 521, 522, 597, 598 [now 12242], 603, 628, 644, 741, 1166, 1174, 
1305, 1406, 5414, 5457, 5458, 5501 to 5503, 5596, 5600, 5665, 6389, and 
6391 of this title, sections 286a and 334 of Title 14, Coast Guard, and 
sections 201, 301, 301c, 305a, and 406 of Title 37, Pay and Allowances 
of the Uniformed Services, repealing sections 555 to 565, 602, and 745 
of this title, and enacting provisions set out as notes under this 
section, sections 521 and 555 of this title, and section 1009 of Title 
37] may be cited as the `Warrant Officer Management Act'.''


                    Transition and Savings Provisions

    Section 541(c), (d) of Pub. L. 103-337, as amended by Pub. L. 104-
106, div. A, title XV, Sec. 1504(a)(3), Feb. 10, 1996, 110 Stat. 513, 
provided that:
    ``(c) Transition for Certain Regular Warrant Officers Serving in a 
Higher Temporary Grade Below Chief Warrant Officer, W-5.--(1) A regular 
warrant officer of the Coast Guard who on the effective date of this 
section [see Effective Date of 1994 Amendment note above] is on active 
duty and--
        ``(A) is serving in a temporary grade below chief warrant 
    officer, W-5, that is higher than that warrant officer's permanent 
    grade;
        ``(B) is on a list of officers recommended for promotion to a 
    temporary grade below chief warrant officer, W-5; or
        ``(C) is on a list of officers recommended for promotion to a 
    permanent grade higher than the grade in which that warrant officer 
    is serving;
shall be considered to have been recommended by a board convened under 
section 573 of title 10, United States Code, as amended by subsection 
(b), for promotion to the permanent grade equivalent to the grade in 
which that warrant officer is serving or for which that warrant officer 
has been recommended for promotion, as the case may be.
    ``(2) An officer referred to in subparagraph (A) of paragraph (1) 
who is not promoted to the grade to which that warrant officer is 
considered under such subsection to have been recommended for promotion 
because that officer's name is removed from a list of officers who are 
considered under such paragraph to have been recommended for promotion 
shall be considered by a board convened under section 573 of title 10, 
United States Code, as amended by subsection (b), for promotion to the 
permanent grade equivalent to the temporary grade in which that warrant 
officer was serving on the effective date of this section as if that 
warrant officer were serving in the permanent grade.
    ``(3) The date of rank of an officer referred to in paragraph (1)(A) 
who is promoted to the grade in which that warrant officer is serving on 
the effective date of this section is the date of that officer's 
temporary appointment in that grade.
    ``(d) Transition for Certain Reserve Warrant Officers Serving in a 
Higher Temporary Grade Below Chief Warrant Officer, W-5.--(1)(A) Except 
as provided in paragraph (2), a reserve warrant officer of the Coast 
Guard who on the effective date of this section [see Effective Date of 
1994 Amendment note above] is subject to placement on the warrant 
officer active-duty list and who--
        ``(i) is serving in a temporary grade below chief warrant 
    officer, W-5, that is higher than that warrant officer's permanent 
    grade; or
        ``(ii) is on a list of warrant officers recommended for 
    promotion to a temporary grade below chief warrant officer, W-5, 
    that is the same as or higher than that warrant officer's permanent 
    grade;
shall be considered to have been recommended by a board convened under 
section 598 [now 12242] of title 10, United States Code, for promotion 
to the permanent grade equivalent to the grade in which the warrant 
officer is serving or for which that warrant officer has been 
recommended for promotion, as the case may be.
    ``(B) The date of rank of a warrant officer referred to in 
subparagraph (A)(i) who is promoted to the grade in which that warrant 
officer is considered under such subparagraph to have been recommended 
for promotion is the date of the temporary appointment of that warrant 
officer in that grade.
    ``(2) A reserve warrant officer of the Coast Guard who on the 
effective date of this section--
        ``(A) is subject to placement on the warrant officer active-duty 
    list;
        ``(B) is serving on active duty in a temporary grade; and
        ``(C) holds a permanent grade higher than the temporary grade in 
    which that warrant officer is serving;
shall while continuing on active duty retain such temporary grade and 
shall be considered for promotion to a grade equal to or lower than the 
permanent grade as if such temporary grade is a permanent grade. If such 
warrant officer is recommended for promotion, the appointment of that 
warrant officer to such grade shall be a temporary appointment.''
    Part B (Secs. 1121-1124) of title XI of Pub. L. 102-190 provided 
that:
``SEC. 1121. TRANSITION FOR CERTAIN REGULAR WARRANT OFFICERS SERVING IN 
        A HIGHER TEMPORARY GRADE BELOW CHIEF WARRANT OFFICER, W-5.
    ``(a) Certain Officers To Be Considered as Recommended for 
Promotion.--A regular warrant officer of the Armed Forces (other than 
the Coast Guard) who on the effective date of this title [Feb. 1, 1992] 
is on active duty and--
        ``(1) is serving in a temporary grade below chief warrant 
    officer, W-5, that is higher than his permanent grade;
        ``(2) is on a list of officers recommended for promotion to a 
    temporary grade below chief warrant officer, W-5; or
        ``(3) is on a list of officers recommended for promotion to a 
    permanent grade higher than the grade in which he is serving;
shall be considered to have been recommended by a board convened under 
section 573 of title 10, United States Code, as added by this title, for 
promotion to the permanent grade equivalent to the grade in which he is 
serving or for which he has been recommended for promotion, as the case 
may be.
    ``(b) Board Consideration for Officers Removed From Promotion 
List.--An officer referred to in paragraph (1) of subsection (a) who is 
not promoted to the grade to which he is considered under such 
subsection to have been recommended for promotion because his name is 
removed from a list of officers who are considered under such paragraph 
to have been recommended for promotion shall be considered by a board 
convened under section 573 of title 10, United States Code, as amended 
by this title, for promotion to the permanent grade equivalent to the 
temporary grade in which he was serving on the effective date of this 
title as if he were serving in his permanent grade.
    ``(c) Date of Rank.--The date of rank of an officer referred to in 
subsection (a)(1) who is promoted to the grade in which he is serving on 
the effective date of this title is the date of his temporary 
appointment in that grade.
``SEC. 1122. TRANSITION FOR CERTAIN RESERVE WARRANT OFFICERS SERVING IN 
        A HIGHER TEMPORARY GRADE BELOW CHIEF WARRANT OFFICER, W-5.
    ``(a) Certain Officers To Be Considered as Recommended for 
Promotion.--(1) Except as provided in subsection (b), a reserve warrant 
officer of the Armed Forces (other than the Coast Guard) who on the 
effective date of this title [Feb. 1, 1992] is subject to placement on 
the warrant officer active-duty list and who--
        ``(A) is serving in a temporary grade below chief warrant 
    officer, W-5, that is higher than his permanent grade; or
        ``(B) is on a list of warrant officers recommended for promotion 
    to a temporary grade below chief warrant officer, W-5, that is the 
    same as or higher than his permanent grade;
shall be considered to have been recommended by a board convened under 
section 598 [now 12242] of title 10, United States Code, for promotion 
to the permanent grade equivalent to the grade in which he is serving or 
for which he has been recommended for promotion, as the case may be.
    ``(2) The date of rank of a warrant officer referred to in paragraph 
(1)(A) who is promoted to the grade in which he is considered under such 
paragraph to have been recommended for promotion is the date of his 
temporary appointment in that grade.
    ``(b) Reserves on Active Duty.--A reserve warrant officer who on the 
effective date of this title--
        ``(1) is subject to placement on the warrant officer active-duty 
    list;
        ``(2) is serving on active duty in a temporary grade; and
        ``(3) holds a permanent grade higher than the temporary grade in 
    which he is serving,
shall while continuing on active duty retain such temporary grade and 
shall be considered for promotion to a grade equal to or lower than his 
permanent grade as if such temporary grade is a permanent grade. If such 
warrant officer is recommended for promotion, his appointment to such 
grade shall be a temporary appointment.
``SEC. 1123. CONTINUATION OF CERTAIN TEMPORARY APPOINTMENTS OF NAVY AND 
        MARINE CORPS WARRANT OFFICERS.
    ``A warrant officer of the Navy or Marine Corps who, on the 
effective date of this title [Feb. 1, 1992], is subject to placement on 
the warrant officer active-duty list and who--
        ``(1) was appointed as a temporary warrant officer under section 
    5596 of title 10, United States Code, and
        ``(2) has retained a permanent enlisted status,
shall, while continuing on active duty, retain such temporary status and 
grade. Such an officer shall be considered for promotion to a higher 
warrant officer grade under this title [see Short Title note above] as 
if that temporary grade is a permanent grade. If the officer is 
recommended for promotion, the officer's appointment to that grade shall 
be a temporary appointment.
``SEC. 1124. SAVINGS PROVISION FOR CERTAIN REGULAR ARMY WARRANT OFFICERS 
        FACING MANDATORY RETIREMENT FOR LENGTH OF SERVICE.
    ``(a) Savings Provision.--Subject to subsection (b), a regular 
warrant officer of the Army who on the effective date of this title 
[Feb. 1, 1992]--
        ``(1) is a permanent regular chief warrant officer; or
        ``(2) is on a list of officers recommended for promotion to a 
    regular chief warrant officer grade,
may be retained on active duty until he completes 30 years of active 
service or 24 years of active warrant officer service, whichever is 
later, that could be credited to him under section 511 of the Career 
Compensation Act of 1949 (70 Stat. 114) [set out as a note under section 
580 of this title] (as in effect on the day before the effective date of 
this part [Feb. 1, 1992]), and then be retired under the appropriate 
provision of title 10, United States Code, on the first day of the month 
after the month in which he completes that service.
    ``(b) Exceptions.--Subsection (a) does not apply to a regular 
warrant officer who--
        ``(1) is sooner retired or separated under another provision of 
    law;
        ``(2) is promoted to the regular grade of chief warrant officer, 
    W-5; or
        ``(3) is continued on active duty under section 580(e) of title 
    10, United States Code, as added by this title.''


     Establishment of Permanent Grade of Chief Warrant Officer, W-5

    Section 541(a)(1) of Pub. L. 103-337 provided that: ``The grade of 
chief warrant officer, W-5, is hereby established in the Coast Guard.''
    Section 1111(a) of Pub. L. 102-190 provided that: ``The grade of 
chief warrant officer, W-5, is hereby established in the Army, Navy, Air 
Force, and Marine Corps.''

                  Section Referred to in Other Sections

    This section is referred to in section 12241 of this title.
