§ 1563. Consideration of proposals from Members of Congress for honorary promotions: procedures for review and promotion

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Enacted · 10 U.S.C. § 1563

   Added Pub. L. 106–398, § 1 [[div. A], title V, § 542(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–114

   Source evidence

   Code source credit
   Added Pub. L. 106–398, § 1 [[div. A], title V, § 542(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–114

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

2. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 1031(a)(11)(B) · 117 Stat. 1392

   Struck · 10 U.S.C. § 1563

   Pub. L. 108–136, § 1031(a)(11)(B), struck out “and recommendation” after “review” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 108–136, § 1031(a)(11)(B), struck out “and recommendation” after “review” in section catchline.

   Enacted provision · exact public law section
   (B) The heading for such section, and the item relating to such section in the table of sections at the beginning of chapter 80, are each amended by striking the last two words.

3. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 1031(a)(11)(A)(i) · 117 Stat. 1392

   Struck · 10 U.S.C. § 1563(a)

   Pub. L. 108–136, § 1031(a)(11)(A)(i), struck out “and the other determinations necessary to comply with subsection (b)” before period at end

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 108–136, § 1031(a)(11)(A)(i), struck out “and the other determinations necessary to comply with subsection (b)” before period at end.

   Enacted provision · exact public law section
   (i) in subsection (a), by striking “and the other determinations necessary to comply with subsection (b)”; and

4. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 1031(a)(11)(A)(ii) · 117 Stat. 1392

   Substituted · 10 U.S.C. § 1563(b)

   Pub. L. 108–136, § 1031(a)(11)(A)(ii), substituted “a detailed discussion of the rationale supporting the determination.” for “notice in writing of one of the following:

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 108–136, § 1031(a)(11)(A)(ii), substituted “a detailed discussion of the rationale supporting the determination.” for “notice in writing of one of the following:

   “(1) The posthumous or honorary promotion or appointment does not warrant approval on the merits. “(2) The posthumous or honorary promotion or appointment warrants approval and authorization by law for the promotion or appointment is recommended. “(3) The posthumous or honorary promotion or appointment warrants approval on the merits and has been recommended to the President as an exception to policy. “(4) The posthumous or honorary promotion or appointment warrants approval on the merits and authorization by law for the promotion or appointment is required but is not recommended. A notice under paragraph (1) or (4) shall be accompanied by a statement of the reasons for the decision of the Secretary.”

   Enacted provision · exact public law section
   (ii) in subsection (b), by striking “notice in writing” and all that follows and inserting “a detailed discussion of the rationale supporting the determination.”.

5. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 523(b)(3) · 134 Stat. 3388

   Substituted · 10 U.S.C. § 1563

   Pub. L. 116–283, § 523(b)(3), substituted “Consideration of proposals from Members of Congress for honorary promotions: procedures for review and promotion” for “Consideration of proposals for posthumous and honorary promotions and appointments: procedures for review” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 116–283, § 523(b)(3), substituted “Consideration of proposals from Members of Congress for honorary promotions: procedures for review and promotion” for “Consideration of proposals for posthumous and honorary promotions and appointments: procedures for review” in section catchline.

   Enacted provision · exact public law section
   (3) Heading amendment.— The heading of such section is amended to read as follows: “§ 1563. Consideration of proposals from Members of Congress for honorary promotions: procedures for review and promotion” .

6. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 523(b)(1)(A) · 134 Stat. 3388

   1. Substituted · 10 U.S.C. § 1563(a)

      Pub. L. 116–283, § 523(b)(1)(A), substituted, in first sentence, “the honorary promotion (whether or not posthumous) of a former member or retired member of the armed forces” for “the posthumous or honorary promotion or appointment of a member or former member of the armed forces, or any other person considered qualified,”

   2. Substituted · 10 U.S.C. § 1563(a)

      Pub. L. 116–283, § 523(b)(1)(A), substituted, in first sentence, “the promotion” for “the posthumous or honorary promotion or appointment”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 116–283, § 523(b)(1)(A), substituted, in first sentence, “the honorary promotion (whether or not posthumous) of a former member or retired member of the armed forces” for “the posthumous or honorary promotion or appointment of a member or former member of the armed forces, or any other person considered qualified,” and, in second sentence, “the promotion” for “the posthumous or honorary promotion or appointment”.

   Enacted provision · exact public law section
   (A) in subsection (a)— (i) in the first sentence, by striking “the posthumous or honorary promotion or appointment of a member or former member of the armed forces, or any other person considered qualified,” and inserting “the honorary promotion (whether or not posthumous) of a former member or retired member of the armed forces”; and (ii) in the second sentence, by striking “the posthumous or honorary promotion or appointment” and inserting “the promotion”; and

7. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 523(b)(1)(B) · 134 Stat. 3388

   Substituted · 10 U.S.C. § 1563(b)

   Pub. L. 116–283, § 523(b)(1)(B), substituted “the honorary promotion” for “the posthumous or honorary promotion or appointment”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 116–283, § 523(b)(1)(B), substituted “the honorary promotion” for “the posthumous or honorary promotion or appointment”.

   Enacted provision · exact public law section
   (B) in subsection (b), by striking “the posthumous or honorary promotion or appointment” and inserting “the honorary promotion”.

8. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 523(b)(2) · 134 Stat. 3388

   1. Added · 10 U.S.C. § 1563(c); 10 U.S.C. § 1563(d)

      Pub. L. 116–283, § 523(b)(2), added subsec. (c)

   2. Redesignated · 10 U.S.C. § 1563(c); 10 U.S.C. § 1563(d)

      Pub. L. 116–283, § 523(b)(2), redesignated former subsec. (c) as (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 116–283, § 523(b)(2), added subsec. (c) and redesignated former subsec. (c) as (d).

   Enacted provision · exact public law section
   (2) Authority to make honorary promotions following review of proposals.— 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) Authority To Make.— (1) Under regulations prescribed by the Secretary of Defense, the Secretary of Defense may make an honorary promotion (whether or not posthumous) of a former member or retired member of the armed forces to any grade not exceeding the grade of major general, rear admiral (upper half), or an equivalent grade in the Space Force following the submittal of the determination of the Secretary concerned under subsection (b) in connection with the proposal for the promotion if the determination is to approve the making of the promotion. “(2) The Secretary of Defense may not make an honorary promotion under this subsection until 60 days after the date on which the Secretary concerned submits the determination in connection with the proposal for the promotion under subsection (b), and the detailed rationale supporting the determination as described in that subsection, to the Committees on Armed Services of the Senate and the House of Representatives and the requesting Member in accordance with that subsection. “(3) The authority to make an honorary promotion under this subsection shall apply notwithstanding that the promotion is not otherwise authorized by law. “(4) Any promotion pursuant to this subsection is honorary, and shall not affect the pay, retired pay, or other benefits from the United States to which the former member or retired member concerned is or would have been entitled based upon the military service of such former member or retired member, nor affect any benefits to which any other person may become entitled based on the military service of such former member or retired member.” .

9. 2023

   Space Force Personnel Management Act

   Pub. L. 118–31 div. A title XVII § 1741(a)(6) · 137 Stat. 136

   1. Substituted · 10 U.S.C. § 1563(c)(1)

      Pub. L. 118–31 substituted “general or” for “general,”

   2. Struck · 10 U.S.C. § 1563(c)(1)

      Pub. L. 118–31 struck out “, or an equivalent grade in the Space Force” after “rear admiral (upper half)”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 118–31 substituted “general or” for “general,” and struck out “, or an equivalent grade in the Space Force” after “rear admiral (upper half)”.

   Enacted provision · exact public law section
   (6) Honorary promotions.— Sections 1563(c)(1) and 1563a(a)(1) are each amended— (A) by striking “general,” and inserting “general or”; and (B) by striking “, or an equivalent grade in the Space Force”.

12 of 12 references resolved to an enrolled provision