Provisions similar to those in this section were contained in sections 3363(e), 3380(b), 5902(d), 8363(g), and 8380(b) of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(1), (b)(2), (c)(1).
2021—Subsec. (a)(1)(F). Pub. L. 116–283, § 505(b)(3)(A)(i), added subpar. (F).
Subsec. (a)(3). Pub. L. 116–283, § 505(b)(3)(A)(ii), added par. (3).
Subsec. (c)(3). Pub. L. 116–283, § 505(b)(3)(B), added par. (3).
2018—Subsecs. (a)(2), (b). Pub. L. 115–232 substituted “section 7233, 8167, or 9233” for “section 3583, 5947, or 8583” in subsec. (a)(2) and in two places in subsec. (b).
2011—Subsec. (b). Pub. L. 111–383 made technical amendment to directory language of Pub. L. 109–364, § 511(b)(3). See 2006 Amendment note below.
2006—Subsec. (a)(1). Pub. L. 109–364, § 511(b)(1), substituted “Secretary of Defense” for “Secretary of the military department concerned” in introductory provisions.
Subsec. (a)(1)(E). Pub. L. 109–364, § 511(b)(2)(A), added subpar. (E).
Subsec. (a)(2). Pub. L. 109–364, § 511(b)(2)(B), struck out “or” after “show cause for retention,” and inserted “or if, after a review of substantiated adverse information about the officer regarding the requirement for exemplary conduct set forth in section 3583, 5947, or 8583 of this title, as applicable, the officer is determined to be among the officers best qualified for promotion,” after “of the charges,”.
Subsec. (b). Pub. L. 109–364, § 511(b)(3), as amended by Pub. L. 111–383, § 1075(g)(4), inserted “has not met the requirement for exemplary conduct set forth in section 3583, 5947, or 8583 of this title, as applicable, or” before “is mentally, physically,” and substituted “If it is later determined by a civilian official of the Department of Defense (not below the level of Secretary of a military department) that the officer is qualified for promotion to the higher grade and, after a review of adverse information regarding the requirement for exemplary conduct set forth in section 3583, 5947, or 8583 of this title, as applicable, the officer is determined to be among the officers best qualified for promotion to the higher grade” for “If the Secretary concerned later determines that the officer is qualified for promotion to the higher grade”.
Pub. L. 109–364, § 511(b)(1), substituted “Secretary of Defense” for “Secretary of the military department concerned”.
2001—Subsec. (a)(2). Pub. L. 107–107, § 505(c)(2)(B)(i), inserted “(including an approved all-fully-qualified-officers list, if applicable)” after “on the promotion list”.
Subsec. (b). Pub. L. 107–107, § 505(c)(2)(B)(ii), inserted “(including an approved all-fully-qualified-officers list, if applicable)” after “on the promotion list” in second sentence.
Amendment by Pub. L. 115–232 effective
Pub. L. 111–383, div. A, title X, § 1075(g),
Amendment by Pub. L. 109–364 effective
Section effective
Pub. L. 103–337, div. A, title XVI, § 1684(a), “(1) A delay in a promotion that is in effect on the day before the effective date of this title [“(2) The delay of the promotion of a reserve officer of the Army or the Air Force which was in effect solely to achieve compliance with limitations set out in section 524 of title 10, United States Code, or with regulations prescribed by the Secretary of Defense with respect to sections 3380(c) and 8380(c) of title 10, United States Code, as in effect on the day before the effective date of this title, shall continue in effect as if the promotion had been delayed under section 14311(e) of such title, as added by this title.”