Pub. L. 109-364, div. A, tit. V, subtit. A, pt. II, sec. 515
REMOVAL FROM PROMOTION LIST OF OFFICERS NOT PROMOTED WITHIN 18 MONTHS OF APPROVAL OF LIST BY THE PRESIDENT.
SEC. 515. REMOVAL FROM PROMOTION LIST OF OFFICERS NOT PROMOTED WITHIN 18 MONTHS OF APPROVAL OF LIST BY THE PRESIDENT.(a) Officers on Active-Duty Lists.—(1) Clarification of removal due to senate not giving advice and consent.—Subsection (b) of section 629 of title 10, United States Code, is amended—(A) by inserting “Removal Due to Senate Not Giving Advice and Consent.—” after “(b)” ; and(B) by inserting “to a grade for which appointment is required by section 624(c) of this title to be made by and with the advice and consent of the Senate” after “the President”.(2) Removal after 18 months.—Such section is further amended—(A) by redesignating subsection (c) as subsection (d); and(B) by inserting after subsection (b) the following new subsection (c):“(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 to a grade for which appointment is required by section 624(c) of this title 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 120 STAT. 2186 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 624(a) of this title to a grade for which appointment is required by section 624(c) of this title 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.”.(3) Cross-reference amendment.—Paragraph (1) of subsection (d) of such section, as redesignated by paragraph (2)(A) of this subsection, is amended by striking “or (b)” and inserting “(b), or (c)”.(4) Stylistic amendments.—Such section is further amended—(A) in subsection (a), by inserting “Removal by President.—” after “(a)”; and(B) in subsection (d) (as amended by paragraph (3)), by inserting “Continued Eligibility for Promotion.—” before “(1)”.(b) Officers on Reserve Active Status List.—(1) Removal following return.—Section 14310 of such title is amended—(A) by redesignating subsection (c) as subsection (d); and(B) by inserting after subsection (b) the following new subsection (c):“(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 to a grade for which appointment is required by section 12203(a) of this title 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 to a grade for which appointment is required by section 12203(a) of this title 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.”.(2) Cross-reference amendment.—Paragraph (1) of subsection (d) of such section, as redesignated by paragraph (1)(A) of this subsection, is amended by striking “or (b)” and inserting “(b), or (c)”.120 STAT. 2187(c) Effective Date.—The amendments made by this section shall apply to any promotion list approved by the President after January 1, 2007.