section 3740 of this title The President may, for cause, remove the name of any officer from a list of selectees established under .
section 3740 of this title If the Senate, where required, does not consent to the appointment of an officer whose name is on a list of selectees established under , that officer’s name shall be removed from the list.
An officer whose name is removed from a list of selectees under subsection (a) or (b) continues to be eligible for consideration for promotion. If selected for promotion by the next selection board and promoted, that officer shall be assigned the date of rank and precedence that would have been assigned if the officer’s name had not been previously removed. However, if the officer is not selected by the next selection board, or if the officer’s name is again removed from the list of selectees, the officer shall be considered for all purposes as having twice failed of selection for promotion.
Pub. L. 96–322, § 194 Stat. 1013Pub. L. 115–282, title I132 Stat. 4233(Added , , , § 738; renumbered § 3749 and amended , §§ 118(b), 123(b)(2), , , 4240.)
Editorial Notes
Prior Provisions
section 788 of this titlePub. L. 96–322Provisions similar to those in this section were contained in prior to the complete revision of former chapter 21 of this title by .
Amendments
Pub. L. 115–282, § 118(b)section 738 of this title2018—, renumbered as this section.
Pub. L. 115–282, § 123(b)(2)Subsecs. (a), (b). , substituted “section 3740” for “section 729”.
Executive Documents
Delegation of Functions
section 301 of Title 3For assignment of functions of President under subsec. (a) of this section, see section 2(d) of Ex. Ord. No. 13358, , 69 F.R. 58797, set out as a note under , The President.