Notes on 10 U.S.C. § 571 : US Code - Notes

Search Notes on 10 U.S.C. § 571 : US Code - Notes

(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."
DELEGATION OF FUNCTIONS
Functions of President under second sentence of subsec. (b) of
this section delegated to Secretary of Defense by section 1(b) of
Ex. Ord. No. 13384, July 27, 2005, 70 F.R. 43739, set out as a note
under section 531 of 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."
[For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.]
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."