10 U.S.C. § 3304
EDITORIAL NOTES
CODIFICATIONThe text of subsec. (b)(5) of section 2305 of this title, which was transferred to this section, redesignated as subsecs. (a) to (f), and amended by Pub. L. 116-283, §1816(c)(1), (2) (D), (6)(A)-(J), was based on Pub. L. 103-355, title I, §1014(2), Oct. 13, 1994, 108 Stat. 3256; Pub. L. 104-106, div. D, title XLI, §4104(a)(1), Feb. 10, 1996, 110 Stat. 644; Pub. L. 115-91, div. A, title VIII, §818(b), Dec. 12, 2017, 131 Stat. 1463; Pub. L. 115-232, div. A, title VIII, §836(c)(3), Aug. 13, 2018, 132 Stat. 1864. For derivation of subsec. (g) of this section, see Codification note related to subsec. (f) set out under section 3305 of this title.
PRIOR PROVISIONSA prior section 3304, act Aug. 10, 1956, ch. 1041, 70A Stat. 189; Pub. L. 85-155, title I, §101(14), Aug. 21, 1957, 71 Stat. 378, covered promotion of officers in the Army Nurse Corps and the Army Medical Specialists Corps to colonel and lieutenant colonel, set out the requirements of officers on the promotion lists, and provided for the procedure to be followed in determining the order of promotion, prior to repeal by Pub. L. 90-130, §1(10)(C), Nov. 8, 1967, 81 Stat 375.
AMENDMENTS2023-Subsec. (g). Pub. L. 118-31 inserted "under" before "this section".2021- Pub. L. 116-283, §1816(c)(6)(A), transferred subsec. (b)(5) of section 2305 of this title to this section and struck out par. (5) designation at beginning. Subsec. (a). Pub. L. 116-283, §1816(c)(6)(B), (E), redesignated subpar. (A) of former section 2305(b)(5) of this title as subsec. (a) of this section and inserted heading. Former second sentence of subsec. (a) designated subsec. (b).Subsec. (b). Pub. L. 116-283, §1816(c)(6)(C), (F), designated second sentence of subsec. (a) as subsec. (b) of this section and inserted heading.Subsec. (c)(1). Pub. L. 116-283, §1816(c)(6)(B), (G) (i), (ii), redesignated subpar. (B) of former section 2305(b)(5) of this title and its cls. (i) to (vii) as subsec. (c)(1) of this section and subpars. (A) to (G), respectively, and inserted subsec. heading.Subsec. (c)(2). Pub. L. 116-283, §1816(c)(6)(D), (G) (iii), redesignated subpar. (C) of former section 2305(b)(5) of this title as subsec. (c)(2) of this section and substituted "paragraph (1)(G)" for "subparagraph (B)(vii)".Subsec. (d). Pub. L. 116-283, §1816(c)(6)(B), (H), redesignated subpar. (D) of former section 2305(b)(5) of this title as subsec. (d) of this section and inserted heading. Subsec. (e). Pub. L. 116-283, §1816(c)(6)(B), (I), redesignated subpar. (E) of former section 2305(b)(5) of this title as subsec. (e) of this section, inserted heading, and substituted "subsection (c)" for "subparagraph (B)".Subsec. (f). Pub. L. 116-283, §1816(c)(6)(B), (J), redesignated subpar. (F) of former section 2305(b)(5) of this title as subsec. (f) of this section, inserted heading, and redesignated cls. (i) and (ii) as pars. (1) and (2), respectively. Subsec. (g). Pub. L. 116-283, §1816(c)(6)(K), added subsec. (g) identical to subsec. (f) of section 3305 of this title.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATESection and amendment by Pub. L. 116-283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116-283 set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
ENHANCED POST-AWARD DEBRIEFING RIGHTS; RELEASE OF CONTRACT AWARD INFORMATION Pub. L. 115-91, div. A, title VIII, §818(a), Dec. 12, 2017, 131 Stat. 1463, provided that: "Not later than 180 days after the date of the enactment of this Act [Dec. 12, 2017], the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to require that all required post-award debriefings, while protecting the confidential and proprietary information of other offerors, include, at a minimum, the following:"(1) In the case of a contract award in excess of $100,000,000, a requirement for disclosure of the agency's written source selection award determination, redacted to protect the confidential and proprietary information of other offerors for the contract award, and, in the case of a contract award in excess of $10,000,000 and not in excess of $100,000,000 with a small business or nontraditional contractor, an option for the small business or nontraditional contractor to request such disclosure."(2) A requirement for a written or oral debriefing for all contract awards and task or delivery orders valued at $10,000,000 or higher."(3) Provisions ensuring that both unsuccessful and winning offerors are entitled to the disclosure described in paragraph (1) and the debriefing described in paragraph (2). "(4) Robust procedures, consistent with section 2305(b)(5)(D) of title 10, United States Code [now 10 U.S.C. 3304(d) ], and provisions implementing that section in the Federal Acquisition Regulation, to protect the confidential and proprietary information of other offerors."
- includes
- "includes" means "includes but is not limited to"; and
- officer
- The term "officer" means a commissioned or warrant officer.
- rating
- The term "rating" means the name (such as "boatswain's mate") prescribed for members of an armed force in an occupational field. The term "rate" means the name (such as "chief boatswain's mate") prescribed for members in the same rating or other category who are in the same grade (such as chief petty officer or seaman apprentice).