10 U.S.C. § 574 — Warrant officer active-duty lists; competi-

Page 568 TITLE 10—ARMED FORCES § 574 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 ap- point warrant officers, senior in grade to those under consideration, as additional members of the selection board. If warrant officers are ap- pointed members of the selection board and if competitive categories have been established by the Secretary under section 574(b) of this title, at least one must be appointed from each war- rant officer competitive category under consid- eration by the board, unless there is an insuffi- cient number of warrant officers in the competi- tive category concerned who are senior in grade to those under consideration and qualified, as determined by the Secretary concerned, to be appointed as additional members of the board. The members of a selection board shall rep- resent the diverse population of the armed force concerned to the extent practicable. (c) The Secretary concerned may convene se- lection boards to recommend regular warrant of- ficers for continuation on active duty under sec- tion 580 of this title and for retirement under section 581 of this title. (d) When reserve warrant officers of one of the armed forces are to be considered by a selection board convened under subsection (a), the mem- bership of the board shall, if practicable, include at least one reserve officer of that armed force, with the exact number of reserve officers to be determined by the Secretary concerned. (e) No officer may serve on two consecutive boards under this section, if the second board considers any warrant officer who was consid- ered by the first board. (f) The Secretary concerned shall prescribe all other matters relating to the functions and du- ties of the boards, including the number of mem- bers constituting a quorum, and instructions concerning notice of convening of boards and communications with boards. (Added Pub. L. 102–190, div. A, title XI, § 1112(a), Dec. 5, 1991, 105 Stat. 1493; amended Pub. L. 103–337, div. A, title V, § 541(b)(1), Oct. 5, 1994, 108 Stat. 2764; Pub. L. 104–106, div. A, title XV, § 1503(a)(5), Feb. 10, 1996, 110 Stat. 511; Pub. L. 116–283, div. A, title V, § 503(a)(2), Jan. 1, 2021, 134 Stat. 3564.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 558 of this title prior to repeal by Pub. L. 102–190, § 1112(a). AMENDMENTS 2021—Subsec. (b). Pub. L. 116–283 inserted at end ‘‘The members of a selection board shall represent the di- verse population of the armed force concerned to the extent practicable.’’ 1996—Subsec. (a)(2). Pub. L. 104–106 substituted ‘‘ac- tive-duty list’’ for ‘‘active duty list’’. 1994—Subsec. (a)(1). Pub. L. 103–337, § 541(b)(1)(A), sub- stituted ‘‘Secretary concerned’’ for ‘‘Secretary of a military department’’. Subsec. (a)(2). Pub. L. 103–337, § 541(b)(1)(B), struck out ‘‘of the military department’’ after ‘‘Secretary’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective on the first day of the fourth month beginning after Oct. 5, 1994, see section 541(h) of Pub. L. 103–337, set out as a note under section 571 of this title. EFFECTIVE DATE Section effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as an Effective Date of 1991 Amend- ment note under section 521 of this title. OTHER SELECTION BOARDS Pub. L. 116–283, div. A, title V, § 503(c), Jan. 1, 2021, 134 Stat. 3565, provided that: ‘‘(1) IN GENERAL.—The Secretary of Defense shall en- sure that the members of each selection board de- scribed in paragraph (2) represent the diverse popu- lation of the Armed Force concerned to the extent practicable. ‘‘(2) SELECTION BOARD DESCRIBED.—A selection board described in this paragraph (1) is any selection board used with respect to the promotion, education, or com- mand assignments of members of the Armed Forces that is not covered by the amendments made by this section [amending this section and sections 612 and 14102 of this title].’’ § 574. Warrant officer active-duty lists; competi- tive categories; number to be recommended for promotion; promotion zones (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) 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, 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 deter- mined 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 ap- pointment or a temporary assignment in a grade other than a warrant officer grade or chief warrant officer grade shall retain his po- sition on the warrant officer active-duty list while so serving. (e) A chief warrant officer may not be consid- ered for promotion to the next higher grade under this chapter until the officer has com- pleted two years of service on active duty in the grade in which the officer is serving. (Added Pub. L. 102–190, div. A, title XI, § 1112(a), Dec. 5, 1991, 105 Stat. 1494; amended Pub. L. Page 569 TITLE 10—ARMED FORCES § 575 102–484, div. A, title X, § 1052(3), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 103–337, div. A, title V, § 541(b)(2), Oct. 5, 1994, 108 Stat. 2764; Pub. L. 104–201, div. A, title V, § 506(a), Sept. 23, 1996, 110 Stat. 2512.) Editorial Notes AMENDMENTS 1996—Subsec. (e). Pub. L. 104–201 substituted ‘‘two years of service’’ for ‘‘three years of service’’. 1994—Subsecs. (a), (b). Pub. L. 103–337 substituted ‘‘Secretary concerned’’ for ‘‘Secretary of each military department’’. 1992—Subsec. (d)(3). Pub. L. 102–484 substituted ‘‘ac- tive-duty list’’ for ‘‘active duty list’’ before ‘‘while’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective on the first day of the fourth month beginning after Oct. 5, 1994, see section 541(h) of Pub. L. 103–337, set out as a note under section 571 of this title. EFFECTIVE DATE Section effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as an Effective Date of 1991 Amend- ment note under section 521 of this title. § 575. Recommendations for promotion by selec- tion boards (a) A selection board convened under section 573(a) of this title shall recommend for pro- motion to the next higher grade those warrant officers considered by the board whom the board, giving due consideration to the needs of the armed force concerned for warrant officers with particular skills, considers best qualified for promotion within each grade (or grade and competitive category) considered by the board. (b)(1) In the case of a selection board to con- sider warrant officers for selection for pro- motion to the grade of chief warrant officer, W–3, chief warrant officer, W–4, or chief warrant officer, W–5, the Secretary concerned shall es- tablish the number of warrant officers that the selection board may recommend from among warrant officers being considered from below the promotion zone within each grade (or grade and competitive category). The number of warrant officers recommended for promotion from below the promotion zone does not increase the max- imum number of warrant officers which the board is authorized under section 574 of this title to recommend for promotion. (2) The number of officers recommended for promotion from below the promotion zone may not exceed 10 percent of the total number rec- ommended, except that the Secretary of Defense and the Secretary of Homeland Security, when the Coast Guard is not operating as a service in the Navy, may authorize such percentage to be increased to not more than 15 percent. If the number determined under this subsection with respect to a promotion zone within a grade (or grade and competitive category) is less than one, the board may recommend one such officer for promotion from below the zone within that grade (or grade and competitive category). (c) A selection board convened under section 573(a) of this title may not recommend a war- rant officer for promotion unless— (1) the officer receives the recommendation of a majority of the members of the board; and (2) a majority of the members of the board find that the officer is fully qualified for pro- motion. (d) Each time a selection board is convened under section 573(a) of this title to consider war- rant officers in a competitive category for pro- motion to the next higher grade, each warrant officer in the promotion zone, and each warrant officer above the promotion zone, for the grade and competitive category under consideration (except for a warrant officer precluded from con- sideration under regulations prescribed by the Secretary concerned under section 577 of this title) shall be considered for promotion. (e)(1) In selecting the warrant officers to be recommended for promotion, a selection board shall, when authorized by the Secretary con- cerned, recommend warrant officers of par- ticular merit, pursuant to guidelines and proce- dures prescribed by the Secretary concerned, from among those warrant officers selected for promotion, to be placed higher on the promotion list contained in the report of such board under section 576(c) of this title. (2) A selection board may recommend that a warrant officer be placed higher on a promotion list under paragraph (1) only if the warrant offi- cer receives the recommendation of at least a majority of the members of the board, unless the Secretary concerned establishes an alter- native requirement. Any such alternate require- ment shall be furnished to the board as part of the guidelines furnished to the board under sec- tion 576 of this title. (3) For the warrant officers recommended to be placed higher on a promotion list under para- graph (1), the board shall recommend the order in which those warrant officers should be placed on the list. (f)(1) Upon the request of a warrant officer, the Secretary concerned may exclude the warrant officer from consideration for promotion under this section. (2) The Secretary concerned may approve a re- quest of a warrant officer under paragraph (1) only if— (A) the basis for the request is to allow the officer to complete— (i) an assignment in support of career pro- gression; (ii) advanced education; (iii) an assignment such Secretary deter- mines is of significant value to the Armed Force concerned; or (iv) a career progression requirement de- layed by an assignment or education; (B) such Secretary determines that such ex- clusion from consideration is in the best inter- est of the Armed Force concerned; and (C) the officer has not previously failed of se- lection for promotion to the grade for which the officer requests exclusion from consider- ation. (Added Pub. L. 102–190, div. A, title XI, § 1112(a), Dec. 5, 1991, 105 Stat. 1495; amended Pub. L. 103–337, div. A, title V, §§ 501(a), 541(b)(3), Oct. 5, 1994, 108 Stat. 2748, 2764; Pub. L. 104–201, div. A, title V, § 506(b), Sept. 23, 1996, 110 Stat. 2512; Pub.