August 21, 1941
S.162
Public Law 230

AN ACT

To strengthen the national defense by creating the grade of chief warrant officer in the Army, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That hereafter there shall be two grades of warrant officers in the Army of the United States; first, chief warrant officer, who shall receive the same base pay as authorized by existing law for warrant officer, chief engineer, Army Mine Planter Service; and second, warrant officer (junior grade), who shall receive the same base pay and allowances as are authorized by existing law for warrant officers of the Army other than those of the Army Mine Planter Service: Provided, That warrant officers of the Army Mine Planter Service in the grade of master shall receive the same base pay as authorized by existing law. Chief Warrant officers shall receive the same money allowances for subsistence and rental of quarters as are authorized by existing laws for officers receiving the pay of the second pay period, and all warrant officers shall receive, as a permanent addition to their pay, an increase of 5 per centum of their base pay for each four years of active service now counted for pay purposes, not to exceed 25 per centum.

All warrant officers of the Army shall receive an increase of 50 per centum of their pay when by orders of competent authority they are required to participate regularly and frequently in aerial flights, and when in consequence of such orders they do participate in regular and frequent aerial flights as defined by such Executive orders as have heretofore been, or may hereafter be, promulgated by the President.

Sec. 2. Hereafter, original permanent appointments in the grade of warrant officer (junior grade) shall be made only from among those persons who have served at least one year on active duty in the Army of the United States, and original permanent appointments in the grade of chief warrant officer shall be made only from among those warrant officers who have completed at least a total of ten years' active service either as warrant officer (junior grade) or as warrant officers under existing law, or both, and from among masters and chief engineers, Army Mine Planter Service, hereafter appointed as such under the provisions of existing law. All such permanent appointments shall be made in the Regular Army and may be terminated under such regulations as the Secretary of War shall prescribe, and the action of the Secretary of War in terminating the appointment of a warrant officer shall be final and conclusive. The total number of permanent appointments in the grades of chief warrant officer and warrant officer (junior grade) shall be as prescribed by the President from time to time, but shall not exceed 1 per centum of the enlisted strength of the Regular Army as authorized by law: Provided, That not more than 40 per centum of the total actual number of permanent warrant officers in active service shall be appointed in the grade of chief warrant officer.

Sec. 3. In time of war or during the period of any national emergency declared by Congress or proclaimed by the President, the Secretary of War is authorized, under such regulations as he shall prescribe, to make temporary appointments in the grades of chief warrant officer and warrant officer (junior grade). Such temporary appointments shall be in the Army of the United States, shall not exceed a number equal to one-half of 1 per centum of the enlisted strength of the Army of the United States in active military service, and shall remain in effect at the pleasure of the Secretary of War, but in no case shall they continue beyond six months after the termination of the war or period of national emergency. Persons appointed in the Army of the United States as temporary chief warrant officers or as temporary warrant officers (junior grade), while in active Federal service, shall, while so serving, be entitled to the rank, pay, and allowances of the grades to which they are temporarily appointed, and shall be entitled to count such service as warrant or enlisted service for all purposes : Provided, That the Secretary of War is hereby authorized to designate by name a number of permanent or temporary chief warrant officers (not exceeding 1 per centum of the maximum authorized number of permanent and temporary warrant officers) to receive the base pay and allowances provided by existing law for officers in the fourth pay period, and to designate by name an additional number of permanent or temporary chief warrant officers (not exceeding 2 per centum of the maximum authorized number of temporary and permanent warrant officers) to receive the base pay and allowances provided by existing law for officers in the third pay period, but no chief warrant officer so designated shall receive such base pay and allowances except during the period prescribed by the Secretary of War. Such temporary appointees shall be entitled to the benefits of all existing laws and regulations governing retirement, pensions, and disability as are applicable to members of the Army of the United States when called or ordered into the active military service by the Federal Government under existing statutory authorizations. All persons temporarily appointed as chief warrant, officers or as warrant officers (junior grade) in the Army of the United States under the authority of this section, shall, as long as they continue to hold such appointments, be available for assignment to active duty with any unit of the Army of the United States. Persons temporarily appointed as chief warrant officers or as warrant officers (junior grade), in the Army of the United States under the authority of this section who, at the time of their respective temporary appointments have a military status in the Army of the United States or any component thereof may accept such temporary appointments without prejudice to the military status which they so held and upon termination of such temporary appointments such persons may revert to the grades which they held at the time of their temporary appointments.

Sec. 4. Warrant officers may be assigned to such duties as may be prescribed by the Secretary of War: Provided, That when such duties necessarily include those normally performed by commissioned officers they shall be vested with the power to perform such duties under regulations to be prescribed by the President : Provided further. That when a warrant officer is serving as assistant adjutant of any command, he shall have power to administer oaths for all purposes of military administration. Warrant officers appointed under existing laws, other than masters and chief engineers of the Army Mine Planter Service, shall become warrant officers (junior grade), and masters and chief engineers of the Army Mine Planter Service shall become chief warrant officers, on the date this Act shall become effective. All warrant officers shall take rank next below second lieutenants and among themselves under regulations prescribed by the Secretary of War.

Sec. 5. Warrant officers shall be entitled to retirement under the same conditions as commissioned officers: Provided, That hereafter warrant officers may, in the discretion of the Secretary of War, be retired after fifteen years of active service: Provided further, That a warrant officer retired after fifteen years of active service shall receive retired pay at the rate of 2.5% per centum of his active pay multiplied by the number of complete years of active service in the Army, but not to exceed a total of 75 per centum of his active pay.

Sec. 6. Subject to the provisions of this Act, the Secretary of War is hereby authorized to prescribe such rules and regulations as he may deem necessary to govern and administer properly the personnel in the grades of chief warrant officer and warrant officer (junior grade), including warrant officers of the Army Mine Planter Service. This Act shall become effective on the date specified in regulations issued by the Secretary of War, but not later than October 1, 1941.

Sec. 7. The provisions of any laws heretofore enacted which are in conflict with the provisions of this Act are hereby repealed, except that appointments, temporary appointments, and promotions in the Army Mine Planter Service shall continue to be made as now provided for: Provided, That no rights or benefits to which warrant officers now in active service are entitled under existing laws shall be affected in any manner by reason of the enactment of this Act : Provided further. That the provisions of this Act shall not be retroactive and no back pay or allowances shall accrue by reason of the enactment of this Act.

Approved, August 21, 1941.