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10 U.S.C. § 14310 — Removal of officers from a list of officers recommended for promotion
Federal law — U.S. Code and appendices · legal_authorities
**(a) Removal by President.—** The President may remove the name of any officer from a promotion list at any time before the date on which the officer is promoted.
**(b) Removal for Withholding of Senate Advice and Consent.—** If the Senate does not give its advice and consent to the appointment to the next higher grade of an officer whose name is on a list of officers approved by the President for promotion (except in the case of promotions to a reserve grade to which appointments may be made by the President alone), the name of that officer shall be removed from the list.
**(c) Removal After 18 Months.—**
(1) If an officer whose name is on a list of officers approved for promotion under [section 14308(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14308/a&num=0&edition=prelim) to a grade for which appointment is required by [section 12203(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12203/a&num=0&edition=prelim) to be made by and with the advice and consent of the Senate is not appointed to that grade under such section during the officer’s promotion eligibility period, the officer’s name shall be removed from the list unless as of the end of such period the Senate has given its advice and consent to the appointment.
(2) Before the end of the promotion eligibility period with respect to an officer under paragraph (1), the President may extend that period for purposes of paragraph (1) by an additional 12 months.
(3) In this subsection, the term “promotion eligibility period” means, with respect to an officer whose name is on a list of officers approved for promotion under [section 14308(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title
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Source file: Laws/federal/codes/united-states-code/title-10/section-14310-removal-of-officers-from-a-list-of-officers-recommended-for-promotion--dde937e8ba.md
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Source location: Title 10, Chapter 1405, § 14310; chapter-1405-promotions.md
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**(a) Removal by President.—** The President may remove the name of any officer from a promotion list at any time before the date on which the officer is promoted.
**(b) Removal for Withholding of Senate Advice and Consent.—** If the Senate does not give its advice and consent to the appointment to the next higher grade of an officer whose name is on a list of officers approved by the President for promotion (except in the case of promotions to a reserve grade to which appointments may be made by the President alone), the name of that officer shall be removed from the list.
**(c) Removal After 18 Months.—**
(1) If an officer whose name is on a list of officers approved for promotion under [section 14308(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14308/a&num=0&edition=prelim) to a grade for which appointment is required by [section 12203(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12203/a&num=0&edition=prelim) to be made by and with the advice and consent of the Senate is not appointed to that grade under such section during the officer’s promotion eligibility period, the officer’s name shall be removed from the list unless as of the end of such period the Senate has given its advice and consent to the appointment.
(2) Before the end of the promotion eligibility period with respect to an officer under paragraph (1), the President may extend that period for purposes of paragraph (1) by an additional 12 months.
(3) In this subsection, the term “promotion eligibility period” means, with respect to an officer whose name is on a list of officers approved for promotion under [section 14308(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14308/a&num=0&edition=prelim) to a grade for which appointment is required by [section 12203(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12203/a&num=0&edition=prelim) to be made by and with the advice and consent of the Senate, the period beginning on the date on which the list is so approved and ending on the first day of the eighteenth month following the month during which the list is so approved.
**(d) Administrative Removal.—** Under regulations prescribed by the Secretary concerned, if an officer on the reserve active-status list is discharged or dropped from the rolls or transferred to a retired status after having been recommended for promotion to a higher grade under this chapter or having been found qualified for Federal recognition in the higher grade under title 32, but before being promoted, the officer’s name shall be administratively removed from the list of officers recommended for promotion by a selection board.
**(e) Continued Eligibility for Promotion.—** An officer whose name is removed from a list under subsection (a), (b), or (c) continues to be eligible for consideration for promotion. If that officer is recommended for promotion by the next selection board convened for that officer’s grade and competitive category and the officer is promoted, the Secretary of the military department concerned may, upon the promotion, grant the officer the same date of rank, the same effective date for the pay and allowances of the grade to which promoted, and the same position on the reserve active-status list, as the officer would have had if the officer’s name had not been removed from the list.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Removal by President.—** The President may remove the name of any officer from a list of officers recommended for promotion by a selection board convened under this chapter. The President shall notify the congressional defense committees not later than 30 days after removing the name of an officer from such list for any reason other than misconduct.
**(b) Removal Due to Senate Not Giving Advice and Consent.—** If, after consideration of a list of officers approved for promotion by the President to a grade for which appointment is required by [section 624(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section624/c&num=0&edition=prelim) to be made by and with the advice and consent of the Senate, the Senate does not give its advice and consent to the appointment of an officer whose name is on the list, that officer’s name shall be removed from the list.
**(c) Removal After 18 Months.—**
(1) If an officer whose name is on a list of officers approved for promotion under [section 624(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section624/a&num=0&edition=prelim) to a grade for which appointment is required by [section 624(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section624/c&num=0&edition=prelim) to be made by and with the advice and consent of the Senate is not appointed to that grade under such section during the officer’s promotion eligibility period, the officer’s name shall be removed from the list unless as of the end of such period the Senate has given its advice and consent to the appointment.
(2) Before the end of the promotion eligibility period with respect to an officer under paragraph (1), the President may extend that period
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 629
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Federal law — U.S. Code and appendices · legal_authorities
The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Officers Below the Grade of Colonel or Navy Captain.—** An officer on the reserve active-status list in a grade below the grade of colonel or, in the case of an officer in the Navy Reserve, captain who is in or above the promotion zone established for that officer’s grade and competitive category and who (1) is considered but not recommended for promotion (other than by a vacancy promotion board), or (2) declines to accept a promotion for which selected (other than by a vacancy promotion board), shall be considered to have failed of selection for promotion.
**(b) Officers Twice Failed of Selection.—** An officer shall be considered for all purposes to have twice failed of selection for promotion if any of the following applies:
(1) The officer is considered but not recommended for promotion a second time by a mandatory promotion board convened under section 14101(a) or a special selection board convened under [section 14502(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14502/a&num=0&edition=prelim).
(2) The officer declines to accept a promotion for which recommended by a mandatory promotion board convened under section 14101(a) or a special selection board convened under section 14502(a) or 14502(b) of this title after previously failing of selection or after the officer’s name was removed from the report of a selection board under section 14111(b) or from a promotion list under [section 14310 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14310&num=0&edition=prelim) after recommendation for promotion by an earlier selection board described in subsection (a).
(3) The officer’s name has been removed from the report of a selection board under section 14111(b) or from a p
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14501
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Information to Be Furnished to Congressional Committees.—** The Director of the Missile Defense Agency shall provide to the congressional defense committees information on the results of each flight test of the ground-based midcourse national missile defense system.
**(b) Content.—** Information provided under subsection (a) on the results of a flight test shall include the following matters:
(1) A thorough discussion of the content and objectives of the test.
(2) For each such test objective, a statement regarding whether or not the objective was achieved.
(3) For any such test objective not achieved—
(A) a thorough discussion describing the reasons that the objective was not achieved; and
(B) a discussion of any plans for future tests to achieve that objective.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 5553
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1301, act Sept. 3, 1954, ch. 1257, title IV, § 401, 68 Stat. 1166, related to applicability of sections 1301 to 1314 of this title, and defined terms.
Section 1302, acts Sept. 3, 1954, ch. 1257, title IV, § 402, 68 Stat. 1166; June 30, 1955, ch. 247, § 3(a), 69 Stat. 218, provided for authorized numbers and distribution of officers in the Naval Reserve. See sections 12003 to 12005 and 14001 et seq. of Title 10, Armed Forces.
Section 1303, acts Sept. 3, 1954, ch. 1257, title IV, § 403, 68 Stat. 1167; June 30, 1955, ch. 247, § 3(b), 69 Stat. 218, related to applicability of laws relating to selection for promotion of Regular officers. See sections 14001 et seq., 14101 et seq., 14307, and 14501 et seq. of Title 10.
Section 1304, act Sept. 3, 1954, ch. 1257, title IV, § 404, 68 Stat. 1167, provided for running mates. See [section 14306 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14306&num=0&edition=prelim).
Section 1305, acts Sept. 3, 1954, ch. 1257, title IV, § 405, 68 Stat. 1168; June 30, 1955, ch. 247, § 3(c), (d), 69 Stat. 218, related to eligibility for promotion. See sections 14001 et seq., 14306, and 14501 et seq. of Title 10.
Section 1306, act Sept. 3, 1954, ch. 1257, title IV, § 406, 68 Stat. 1168, related to applicability of laws relating to eligibility for promotion of Regular officers. See sections 14001 et seq. and 14308 of Title 10, Armed Forces and [section 209 of Title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section209&num=0&edition=prelim), Pay and Allowances of the Uniformed Services.
Section 1307, act Sept. 3, 1954, ch. 1257, title IV, § 407, 68 Stat. 1169, related to restriction on applicability of subchapter to officers on active status. See
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1301 to 1314
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Federal law — U.S. Code and appendices · legal_authorities
Page 3734
TITLE 10—ARMED FORCES
§ 14309
cers for promotion to the next higher grade that is sub-
mitted to the Secretary of the military department
concerned on or after Dec. 28, 2001, and Secretary of the
military department concerned may apply subsec. (c)(2)
of this section in the case of an appointment of an offi-
cer to a higher grade resulting from a report of a selec-
tion board submitted to the Secretary before Dec. 28,
2001, if the Secretary determines that such appoint-
ment would have been made on an earlier date that is
on or after Oct. 1, 2001, and was delayed under the cir-
cumstances specified in section 741(d)(4) of this title,
see section 506(c) of Pub. L. 107–107, set out as a note
under section 741 of this title.
EFFECTIVE DATE
Section effective Oct. 1, 1996, see section 1691(b)(1) of
Pub. L. 103–337, set out as a note under section 10001 of
this title.
§ 14309. Acceptance of promotion; oath of office
(a) ACCEPTANCE.—An officer who is appointed
to a higher grade under this chapter shall be
considered to have accepted the appointment on
the date on which the appointment is made un-
less the officer expressly declines the appoint-
ment or is granted a delay of promotion under
section 14312 of this title.
(b) OATH.—An officer who has served continu-
ously since taking the oath of office prescribed
in section 3331 of title 5 is not required to take
a new oath upon appointment to a higher grade
under this chapter.
(Added Pub. L. 103–337, div. A, title XVI, § 1611,
Oct. 5, 1994, 108 Stat. 2938.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in sections 3394 and 8394 of this title, prior to re-
peal by Pub. L. 103–337, § 1629(a)(1), (c)(1).
Statutory Notes and Related Subsidiaries
EFFEC
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 14310
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