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10 U.S.C. § 571 — Warrant officers: grades
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section201/b&num=0&edition=prelim) 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, except that with respect to an armed force under the jurisdiction of the Secretary of a military department, the Secretary concerned may provide by regulation that appointments in that grade in that armed force shall be made by commission. Appointments in regular chief warrant officer grades shall be made by commission by the President, and appointments (whether by warrant or commission) in the grade of regular warrant officer, W–1, shall be made by the President, except that appointments in that grade in the Coast Guard shall be made by the Secretary concerned.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section582&num=0&edition=prelim).
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Stable record: federal_law:legal_authorities:record_usc_a0c31baf3576582acd07941f
Source file: Laws/federal/codes/united-states-code/title-10/section-571-warrant-officers-grades--b10cf073d0.md
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Source location: Title 10, Chapter 33A, § 571; chapter-33a-appointment-promotion-and-involuntary-separation-and-retirement-for-members-on-the-warrant-officer-active-duty-list.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section201/b&num=0&edition=prelim) 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, except that with respect to an armed force under the jurisdiction of the Secretary of a military department, the Secretary concerned may provide by regulation that appointments in that grade in that armed force shall be made by commission. Appointments in regular chief warrant officer grades shall be made by commission by the President, and appointments (whether by warrant or commission) in the grade of regular warrant officer, W–1, shall be made by the President, except that appointments in that grade in the Coast Guard shall be made by the Secretary concerned.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section582&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Among warrant officer grades, warrant officer grades of a higher numerical designation are senior to warrant officer grades of a lower numerical designation.
**(b)** Rank among warrant officers of the same grade, and date of rank of warrant officers, is determined in the same manner as prescribed in [section 741 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section741&num=0&edition=prelim) for officers in grades above warrant officer grades.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 742
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section115/i&num=0&edition=prelim); 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 582
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever the needs of the services require, but at least once each fiscal year, the Secretary of Defense shall prescribe the total authorized active-duty strength as of the end of the fiscal year for officers in grades above chief warrant officer, W–5, for each of the armed forces under the jurisdiction of the Secretary of a military department.
**(b)** Under regulations prescribed by the Secretary of Defense, the Secretary of each military department may, for an armed force under his jurisdiction, prescribe the strength of any category of officers that may serve on active duty.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 521
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Whenever the Secretary concerned determines that the needs of the service so require, he shall convene a selection board to recommend for promotion to the next higher warrant officer grade warrant officers on the warrant officer active-duty list who are in the grade of chief warrant officer, W–2, chief warrant officer, W–3, or chief warrant officer, W–4.
(2) Warrant officers serving on the warrant officer active-duty list in the grade of warrant officer, W–1, shall be promoted to the grade of chief warrant officer, W–2, in accordance with regulations prescribed by the Secretary concerned. Such regulations shall require that an officer have served not less than 18 months on active duty in the grade of warrant officer, W–1, before promotion to the grade of warrant officer, W–2.
**(b)** A selection board shall consist of five or more officers who are on the active-duty list of the same armed force as the warrant officers under consideration by the board. At least five members of a selection board must be serving in a permanent grade above major or lieutenant commander. The Secretary concerned may appoint warrant officers, senior in grade to those under consideration, as additional members of the selection board. If warrant officers are appointed members of the selection board and if competitive categories have been established by the Secretary under [section 574(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section574/b&num=0&edition=prelim), at least one must be appointed from each warrant officer competitive category under consideration by the board, unless there is an insufficient number of warrant officers in the competitive category concerned who are senior in grade to those under consideration and qualified, as
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 573
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The President may appoint permanent commissioned officers in the Regular Coast Guard in grades appropriate to their qualification, experience, and length of service, as the needs of the Coast Guard may require, from among the following categories:
(A) Graduates of the Coast Guard Academy.
(B) Commissioned warrant officers, warrant officers, and enlisted members of the Regular Coast Guard.
(C) Members of the Coast Guard Reserve who have served at least 2 years as such.
(D) Licensed officers of the United States merchant marine who have served 2 or more years aboard a vessel of the United States in the capacity of a licensed officer.
(2) Original appointments under this section in the grades of lieutenant commander and above shall be made by the President by and with the advice and consent of the Senate.
(3) Original appointments under this section in the grades of ensign through lieutenant shall be made by the President alone.
**(b)** No individual shall be appointed a commissioned officer under this section until his mental, moral, physical, and professional fitness to perform the duties of a commissioned officer has been established under such regulations as the Secretary shall prescribe.
**(c)** Appointees under this section shall take precedence in the grade to which appointed in accordance with the dates of their commissions as commissioned officers in such grade. Appointees whose dates of commission are the same shall take precedence with each other as the Secretary shall determine.
**(d)** For the purposes of this section, the term “original”, with respect to the appointment of a member of the Coast Guard, refers to that member’s most recent appointment in the Coast Guard that is neither a promotion nor a demotion.
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement for Annual Adjustment.—** Effective on January 1 of each year, the rates of basic pay for members of the uniformed services under [section 203(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section203/a&num=0&edition=prelim) shall be increased under this section.
**(b) Effectiveness of Adjustment.—** An adjustment under this section shall have the force and effect of law.
**(c) Equal Percentage Increase for All Members.—**
(1) An adjustment made under this section in a year shall provide all eligible members with an increase in the monthly basic pay that is the percentage (rounded to the nearest one-tenth of one percent) by which the ECI for the base quarter of the year before the preceding year exceeds the ECI for the base quarter of the second year before the preceding calendar year (if at all).
(2) Notwithstanding paragraph (1), but subject to subsection (d), the percentage of the adjustment taking effect under this section during each of fiscal years 2004, 2005, and 2006, shall be one-half of one percentage point higher than the percentage that would otherwise be applicable under such paragraph.
(3) In this subsection:
(A) The term “ECI” means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics.
(B) The term “base quarter” for any year is the three-month period ending on September 30 of such year.
**(d) Protection of Member’s Total Compensation While Performing Certain Duty.—**
(1) The total daily equivalent amount of the elements of compensation described in paragraph (3), together with other pay and allowances under this title, to be paid to a member of the uniformed services who is temporarily assigned to duty away from
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 1009
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Original appointments in the grades of second lieutenant, first lieutenant, and captain in the Regular Army, Regular Air Force, Regular Marine Corps, and Space Force, and in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy shall be made by the President alone.
(2) Original appointments in the grades of major, lieutenant colonel, and colonel in the Regular Army, Regular Air Force, Regular Marine Corps, and Space Force, and in the grades of lieutenant commander, commander, and captain in the Regular Navy shall be made by the President, by and with the advice and consent of the Senate.
**(b)** The grade of a person receiving an appointment under this section who at the time of appointment (1) is credited with service under [section 533 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section533&num=0&edition=prelim), and (2) is not a commissioned officer of a reserve component shall be determined under regulations prescribed by the Secretary of Defense based upon the amount of service credited. The grade of a person receiving an appointment under this section who at the time of the appointment is a commissioned officer of a reserve component is determined under [section 533(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section533/f&num=0&edition=prelim).
**(c)** Subject to the authority, direction, and control of the President, an original appointment as a commissioned officer in the Regular Army, Regular Air Force, Regular Navy, Regular Marine Corps, or Space Force may be made by the Secretary of Defense in the case of a reserve commissioned officer upon the transfer of such officer from the reserve active-status list of a reserve component of the
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 531
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Unless retired or separated sooner under some other provision of law, a regular chief warrant officer who has twice failed of selection for promotion to the next higher regular warrant officer grade shall be retired under paragraph (2) or (3) or separated from active duty under paragraph (4).
(2) If a warrant officer described in paragraph (1) has more than 20 years of creditable active service on (A) the date on which the Secretary concerned approves the report of the board under [section 576(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section576/e&num=0&edition=prelim), or (B) the date on which his name was removed from the recommended list under [section 579 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section579&num=0&edition=prelim), whichever applies, the warrant officer shall be retired. The date of such retirement shall be not later than the first day of the seventh calendar month beginning after the applicable date under the preceding sentence, except as provided by [section 8301 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8301&num=0&edition=prelim). A warrant officer retired under this paragraph shall receive retired pay computed under [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1401&num=0&edition=prelim).
(3) If a warrant officer described in paragraph (1) has at least 18 but not more than 20 years of creditable active service on (A) the date on which the Secretary concerned approves the report of the board under [section 576(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section576/e&num=0&edition=prelim), or (B) the date
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 580
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary concerned shall maintain for each armed force under the jurisdiction of that Secretary a single list of all warrant officers (other than warrant officers described in [section 582 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section582&num=0&edition=prelim)) who are on active duty.
**(b)** The Secretary concerned may establish competitive categories for promotion. Warrant officers in the same competitive category shall compete among themselves for promotion.
**(c)** Before convening a selection board under [section 573 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section573&num=0&edition=prelim), the Secretary concerned shall determine for each grade (or grade and competitive category) to be considered by the board the following:
(1) The maximum number of warrant officers to be recommended for promotion.
(2) A promotion zone for warrant officers on the warrant officer active-duty list.
**(d)** The position of a warrant officer on the warrant officer active-duty list shall be determined as follows:
(1) Warrant officers shall be carried in the order of seniority of the grade in which they are serving on active duty.
(2) Warrant officers serving in the same grade shall be carried in the order of their rank in that grade.
(3) A warrant officer on the warrant officer active-duty list who receives a temporary appointment or a temporary assignment in a grade other than a warrant officer grade or chief warrant officer grade shall retain his position on the warrant officer active-duty list while so serving.
**(e)** A chief warrant officer may not be considered for promotion to the next higher grade under this chapter until the officer has completed two years of service on
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 574
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