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10 U.S.C. § 629 — Removal 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 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
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Stable record: federal_law:legal_authorities:record_usc_5c32af6a96d750e7e2feb73e
Source file: Laws/federal/codes/united-states-code/title-10/section-629-removal-from-a-list-of-officers-recommended-for-promotion--de2461793d.md
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Passage SHA-256: 4793b3ed651f66d2fadd64e696005400abeb8bc995e9c80b4ab7c48636b602a6
Source location: Title 10, Chapter 36, § 629; chapter-036-promotion-separation-and-involuntary-retirement-of-officers-on-the-active-duty-list.md
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**(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 for purposes of paragraph (1) by an additional 12 months.
(3) Paragraph (1) does not apply when the military department concerned is not able to obtain and provide to the Senate the information the Senate requires to give its advice and consent to the appointment concerned because that information is under the control of a department or agency of the Federal Government other than the Department of Defense.
(4) 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 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, 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 active-duty 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, 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.—**
(1) An officer whose name is removed from a list under subsection (a), (b), or (c) continues to be eligible for consideration for promotion. If he is recommended for promotion by the next selection board convened for his grade and competitive category and he is promoted, the Secretary of the military department concerned may, upon such promotion, grant him 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 active-duty list as he would have had if his name had not been so removed.
(2) If such an officer who is in a grade below the grade of colonel or, in the case of the Navy, captain is not recommended for promotion by the next selection board convened for his grade and competitive category, or if his name is again removed from the list of officers recommended for promotion, or if the Senate again does not give its advice and consent to his promotion, he shall be considered for all purposes to have twice failed of selection for promotion.
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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 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14310
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 3 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Protest File.—**
(1) **Establishment and access.—** — If, in the case of a solicitation for a contract issued by, or an award or proposed award of a contract by, the head of an agency, a protest is filed pursuant to the procedures in subchapter V of chapter 35 of title 31 and an actual or prospective offeror so requests, a file of the protest shall be established by the procuring activity and reasonable access shall be provided to actual or prospective offerors.
(2) **Redacted information.—** — Information exempt from disclosure under [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim) may be redacted in a file established pursuant to paragraph (1) unless an applicable protective order provides otherwise.
**(b) Agency Actions on Protests.—** If, in connection with a protest, the head of an agency determines that a solicitation, proposed award, or award does not comply with the requirements of law or regulation, the head of the agency—
(1) may take any action set out in subparagraphs (A) through (F) of subsection (b)(1) of [section 3554 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3554&num=0&edition=prelim); and
(2) may pay costs described in paragraph (1) of [section 3554(c) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3554/c&num=0&edition=prelim) within the limits referred to in paragraph (2) of such section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3308
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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
**(a)** Whenever the needs of the service require, the Secretary of the military department concerned shall convene selection boards to recommend for promotion to the next higher permanent grade, under subchapter II of this chapter, officers on the active-duty list in each permanent grade from first lieutenant through brigadier general in the Army, Air Force, Marine Corps, or Space Force and from lieutenant (junior grade) through rear admiral (lower half) in the Navy. The preceding sentence does not require the convening of a selection board in the case of officers in the permanent grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) when the Secretary concerned recommends for promotion to the next higher grade under [section 624(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section624/a/3&num=0&edition=prelim) all such officers whom the Secretary finds to be fully qualified for promotion.
**(b)** Whenever the needs of the service require, the Secretary of the military department concerned may convene selection boards to recommend officers for continuation on active duty under [section 637 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section637&num=0&edition=prelim) or for early retirement under [section 638 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section638&num=0&edition=prelim).
**(c)** The convening of selection boards under subsections (a) and (b) shall be under regulations prescribed by the Secretary of Defense.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 611
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of the Navy shall issue a campaign medal, to be known as the Korea Defense Service Medal, to each person who while a member of the Navy or Marine Corps served in the Republic of Korea or the waters adjacent thereto during the KDSM eligibility period and met the service requirements for the award of that medal prescribed under subsection (c).
**(b)** In this section, the term “KDSM eligibility period” means the period beginning on July 28, 1954, and ending on such date after the date of the enactment of this section as may be determined by the Secretary of Defense to be appropriate for terminating eligibility for the Korea Defense Service Medal.
**(c)** The Secretary of the Navy shall prescribe service requirements for eligibility for the Korea Defense Service Medal. Those requirements shall not be more stringent than the service requirements for award of the Armed Forces Expeditionary Medal for instances in which the award of that medal is authorized.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8308
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Federal law — U.S. Code and appendices · legal_authorities
Page 616
TITLE 10—ARMED FORCES
§ 629
soon as practicable, be appointed to the grade in
accordance with subsections (b) and (c) of sec-
tion 20252 of this title.
(2) A person who is appointed to the next high-
er grade as described in paragraph (1) shall, upon
that appointment, have the same date of rank,
the same effective date for the pay and allow-
ances of that grade, and the same position on
the active-duty list as the person would have
had pursuant to the original recommendation
for promotion of the promotion board con-
cerned.
(g) REGULATIONS.—(1) The Secretary of De-
fense shall prescribe regulations to carry out
this section. Such regulations shall apply uni-
formly across the military departments.
(2) Any regulation prescribed by the Secretary
of a military department to supplement the reg-
ulations prescribed pursuant to paragraph (1)
may not take effect without the approval of the
Secretary of Defense, in writing.
(h) PROMOTION BOARD DEFINED.—In this sec-
tion, the term ‘‘promotion board’’ means a se-
lection board convened by the Secretary of a
military department under section 611(a) of this
title.
(Added Pub. L. 116–283, div. A, title V, § 505(a)(1),
Jan. 1, 2021, 134 Stat. 3565; amended Pub. L.
117–263, div. A, title V, § 521, Dec. 23, 2022, 136
Stat. 2570; Pub. L. 118–31, div. A, title V, § 507(a),
title XVII, § 1722(b)(5), Dec. 22, 2023, 137 Stat. 242,
668; Pub. L. 118–159, div. A, title V, § 506(a), title
XVII, § 1701(a)(15), Dec. 23, 2024, 138 Stat. 1870,
2203.)
Editorial Notes
AMENDMENTS
2024—Subsec. (d)(4)(A). Pub. L. 118–159, § 506(a), in-
serted ‘‘ranks in the upper half of an order of merit cre-
ated by the special selection review board or’’ before
‘‘ranks on an order of merit created by the special se-
lection review
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 629
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