Page:United States Statutes at Large Volume 119.djvu/3245

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[119 STAT. 3227]
PUBLIC LAW 109-000—MMMM. DD, 2005
[119 STAT. 3227]

PUBLIC LAW 109–163—JAN. 6, 2006

119 STAT. 3227

SEC. 505. CLARIFICATION OF DEADLINE FOR RECEIPT BY PROMOTION SELECTION BOARDS OF CERTAIN COMMUNICATIONS FROM ELIGIBLE OFFICERS.

(a) OFFICERS ON ACTIVE-DUTY LIST.—Section 614(b) of title 10, United States Code, is amended in the first sentence by inserting ‘‘the day before’’ after ‘‘not later than’’. (b) OFFICERS ON RESERVE ACTIVE-STATUS LIST.—Section 14106 of such title is amended in the second sentence by inserting ‘‘the day before’’ after ‘‘not later than’’. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on March 1, 2006, and shall apply with respect to selection boards convened on or after that date. SEC. 506. FURNISHING TO PROMOTION SELECTION BOARDS OF ADVERSE INFORMATION ON OFFICERS ELIGIBLE FOR PROMOTION TO CERTAIN SENIOR GRADES.

(a) OFFICERS ON ACTIVE-DUTY LIST.— (1) IN GENERAL.—Section 615(a) of title 10, United States Code, is amended— (A) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4), (5), (6), and (7), respectively; and (B) by inserting after paragraph (2) the following new paragraph (3): ‘‘(3) In the case of an eligible officer considered for promotion to a grade above colonel or, in the case of the Navy, captain, any credible information of an adverse nature, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry, shall be furnished to the selection board in accordance with standards and procedures set out in the regulations prescribed by the Secretary of Defense pursuant to paragraph (1).’’. (2) CONFORMING AMENDMENTS.—Such section is further amended— (A) in paragraph (4), as redesignated by paragraph (1)(A) of this subsection, by striking ‘‘paragraph (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; (B) in paragraph (5), as so redesignated, by striking ‘‘and (3)’’ and inserting ‘‘, (3), and (4)’’; (C) in paragraph (6), as so redesignated— (i) in the matter preceding subparagraph (A), by inserting ‘‘, or in paragraph (3),’’ after ‘‘paragraph (2)’’; and (ii) in subparagraph (B), by inserting ‘‘or (3), as applicable’’ after ‘‘paragraph (2)’’; and (D) in subparagraph (A) of paragraph (7), as so redesignated, by inserting ‘‘or (3)’’ after ‘‘paragraph (2)(B)’’. (b) RESERVE OFFICERS.— (1) IN GENERAL.—Section 14107(a) of title 10, United States Code, is amended— (A) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4), (5), (6), and (7), respectively; and (B) by inserting after paragraph (2) the following new paragraph (3): ‘‘(3) In the case of an eligible officer considered for promotion to a grade above colonel or, in the case of the Navy, captain, any credible information of an adverse nature, including any

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