
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1563]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
  CHAPTER 80--MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES
 
Sec. 1563. Consideration of proposals for posthumous and 
        honorary promotions and appointments: procedures for review and 
        recommendation
        
    (a) Review by Secretary Concerned.--Upon request of a Member of 
Congress, the Secretary concerned shall review a proposal for the 
posthumous or honorary promotion or appointment of a member or former 
member of the armed forces, or any other person considered qualified, 
that is not otherwise authorized by law. Based upon such review, the 
Secretary shall make a determination as to the merits of approving the 
posthumous or honorary promotion or appointment and the other 
determinations necessary to comply with subsection (b).
    (b) Notice of Results of Review.--Upon making a determination under 
subsection (a) as to the merits of approving the posthumous or honorary 
promotion or appointment, the Secretary concerned shall submit to the 
Committee on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives and to the requesting Member of 
Congress 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.
    (c) Definition.--In this section, the term ``Member of Congress'' 
means--
        (1) a Senator; or
        (2) a Representative in, or a Delegate or Resident Commissioner 
    to, Congress.

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