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10 U.S.C. § 630 — Discharge of commissioned officers with less than six years of active commissioned service or found not qualified for promotion for first lieutenant or lieutenant (junior grade)
Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the military department concerned, under regulations prescribed by the Secretary of Defense—
(1) may discharge any officer on the active-duty list who—
(A) has less than six years of active commissioned service; or
(B) is serving in the grade of second lieutenant or ensign and has been found not qualified for promotion to the grade of first lieutenant or lieutenant (junior grade); and
(2) shall, unless the officer has been promoted, discharge any officer described in paragraph (1)(B) at the end of the 18-month period beginning on the date on which the officer is first found not qualified for promotion.
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Stable record: federal_law:legal_authorities:record_usc_f534b279efa9009757671c47
Source file: Laws/federal/codes/united-states-code/title-10/section-630-discharge-of-commissioned-officers-with-less-than-six-years-of-active-co--5a5e4bb510.md
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Passage SHA-256: 1a725f0ede681554db639b7d1d48559108de16d8c54099dce74c481773248702
Source location: Title 10, Chapter 36, § 630; chapter-036-promotion-separation-and-involuntary-retirement-of-officers-on-the-active-duty-list.md
Stored source content
The Secretary of the military department concerned, under regulations prescribed by the Secretary of Defense—
(1) may discharge any officer on the active-duty list who—
(A) has less than six years of active commissioned service; or
(B) is serving in the grade of second lieutenant or ensign and has been found not qualified for promotion to the grade of first lieutenant or lieutenant (junior grade); and
(2) shall, unless the officer has been promoted, discharge any officer described in paragraph (1)(B) at the end of the 18-month period beginning on the date on which the officer is first found not qualified for promotion.
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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(2) Repealed.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) Authority.—** Subject to subsection (b), the head of a covered agency may—
(1) carry out a covered procurement action; and
(2) limit, notwithstanding any other provision of law, in whole or in part, the disclosure of information relating to the basis for carrying out a covered procurement action.
**(b) Determination and Notification.—** The head of a covered agency may exercise the authority provided in subsection (a) only after—
(1) consulting with procurement or other relevant officials of the covered agency;
(2) making a determination in writing, in unclassified or classified form, that—
(A) use of the authority in subsection (a)(1) is necessary to protect national security by reducing supply chain risk;
(B) less intrusive measures are not reasonably available to reduce such supply chain risk; and
(C) in a case where the head of the covered agency plans to limit disclosure of information under subsection (a)(2), the risk to national security due to the disclosure of such information outweighs the risk due to not disclosing such information; and
(3) providing a classified or unclassified notice of the determination made under paragraph (2) to the appropriate congressional committees, which notice shall include—
(A) a summary of the risk assessment that serves as the basis for the written determination required by paragraph (2); and
(B) a summary of the basis for the determination, including a discussion of less intrusive measures that were considered and why they were not reasonably available to reduce supply chain risk.
**(c) Limitation on Disclosure.—** If the head of a covered agency has exercised the authority provided in subsection (a)(2) to limit disclosure of information—
(1) no action undertaken by the agency head under such author
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3252
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Repair, Maintenance, or Overhaul of Naval Vessels: Rate for Progress Payments.—** The Secretary of the Navy shall provide that the rate for progress payments on any contract awarded by the Secretary for repair, maintenance, or overhaul of a naval vessel shall be not less than—
(1) 95 percent, in the case of a firm considered to be a small business; and
(2) 90 percent, in the case of any other firm.
**(b) Authority to Advance Funds for Immediate Salvage Operations.—** The Secretary of the Navy may advance to private salvage companies such funds as the Secretary considers necessary to provide for the immediate financing of salvage operations. Advances under this subsection shall be made on terms that the Secretary considers adequate for the protection of the United States.
**(c) Security for Construction and Conversion of Naval Vessels.—** The Secretary of the Navy shall provide, in each contract for construction or conversion of a naval vessel, that, when partial, progress, or other payments are made under such contract, the United States is secured by a lien upon work in progress and on property acquired for performance of the contract on account of all payments so made. The lien is paramount to all other liens.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3808
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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)** Except as provided in [section 8296 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8296&num=0&edition=prelim) or subsection (b), no medal of honor, Navy cross, distinguished-service medal, silver star medal, Navy and Marine Corps Medal, or bar, emblem, or insignia in place thereof may be awarded to a person unless—
(1) the award is made within five years after the date of the act or service justifying the award; and
(2) a statement setting forth the act or distinguished service and recommending official recognition of it was made by his superior through official channels within three years from the date of that act or service.
**(b)** If the Secretary of the Navy determines that—
(1) a statement setting forth the act or distinguished service and recommending official recognition of it was made by the person’s superior through official channels within three years from the date of that act or service and was supported by sufficient evidence within that time; and
(2) no award was made, because the statement was lost or through inadvertence the recommendation was not acted on;
a medal of honor, Navy cross, distinguished-service medal, silver star medal, Navy and Marine Corps Medal, or bar, emblem, or insignia in place thereof, as the case may be, may be awarded to the person within two years after the date of that determination.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8298
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Secretary of the Navy shall procure and sell, for cash or credit—
(A) articles designated by the Secretary to members of the Navy and Marine Corps; and
(B) items of individual clothing and equipment to members of the Navy and Marine Corps, under such restrictions as the Secretary may prescribe.
(2) An account of sales on credit shall be kept and the amount due reported to the Secretary. Except for articles and items acquired through the use of working capital funds under [section 2208 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2208&num=0&edition=prelim), sales of articles shall be at cost, and sales of individual clothing and equipment shall be at average current prices, including overhead, as determined by the Secretary.
**(b)** The Secretary shall sell subsistence supplies to members of other armed forces at the prices at which like property is sold to members of the Navy and Marine Corps.
**(c)** The Secretary may sell serviceable supplies, other than subsistence supplies, to members of other armed forces for the buyers’ use in the service. The prices at which the supplies are sold shall be the same prices at which like property is sold to members of the Navy and Marine Corps.
**(d)** A person who has been discharged honorably or under honorable conditions from the Army, Navy, Air Force, Marine Corps, or Space Force and who is receiving care and medical treatment from the Public Health Service or the Department of Veterans Affairs may buy subsistence supplies and other supplies, except articles of uniform, at the prices at which like property is sold to members of the Navy and Marine Corps.
**(e)** Under such conditions as the Secretary may prescribe, exterior articles of uniform may be sold
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8806
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Federal law — U.S. Code and appendices · legal_authorities
Page 617
TITLE 10—ARMED FORCES
§ 630
of officers recommended for promotion by a se-
lection 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 selec-
tion board convened for his grade and competi-
tive 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 al-
lowances 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 re-
moved.
(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 rec-
ommended for promotion, or if the Senate again
does not give its advice and consent to his pro-
motion, he shall be considered for all purposes
to have twice failed of selection for promotion.
(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980,
94 Stat. 2860; amended Pub. L. 109–364, div. A,
title V, § 515(a), Oct. 17, 2006, 120 Stat. 2185; Pub.
L. 110–181, div. A, title X, § 1063(a)(2), Jan. 28,
2008, 122 Stat. 321; Pub. L. 111–383, div. A, title V,
§ 504(a), Jan. 7, 2011, 124 Stat. 4208; Pub. L.
114–328, div. A, title V, § 504, Dec. 23, 2016, 130
Stat. 2107; Pub. L. 115–91, div. A, title V, § 502,
Dec. 12, 2017, 131 Stat. 1373.)
Editorial Notes
AMENDMENTS
2017—Subsec. (c)(3). Pub. L. 115–91, which directed
amendment of par. (3) by substituting ‘‘the military de
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 630
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.