120 STAT. 2182
PUBLIC LAW 109–364—OCT. 17, 2006 amended by striking ‘‘prescribed by the Secretary concerned’’ in and inserting ‘‘prescribed by the Secretary of Defense’’. (2) ADDITIONAL BASIS FOR DELAY OF APPOINTMENT BY REASON OF INVESTIGATIONS AND PROCEEDINGS.—Subsection (d)(1) of such section is further amended— (A) by striking ‘‘or’’ at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ‘‘; or’’; (C) by inserting after subparagraph (D) the following new subparagraph: ‘‘(E) substantiated adverse information about the officer that is material to the decision to appoint the officer is under review by the Secretary of Defense or the Secretary concerned.’’; and (D) in the flush matter following subparagraph (E), as inserted by subparagraph (C) of this paragraph— (i) by striking ‘‘or’’ after ‘‘chapter 60 of this title’’; and (ii) by inserting after ‘‘brought against him,’’ the following: ‘‘or if, after a review of substantiated adverse information about the officer regarding the requirement for exemplary conduct set forth in section 3583, 5947, or 8583 of this title, as applicable, the officer is determined to be among the officers best qualified for promotion,’’. (3) ADDITIONAL BASIS FOR DELAY IN APPOINTMENT FOR LACK OF QUALIFICATIONS.—Subsection (d)(2) of such section is further amended— (A) in the first sentence, by inserting before ‘‘is mentally, physically,’’ the following: ‘‘has not met the requirement for exemplary conduct set forth in section 3583, 5947, or 8583 of this title, as applicable, or’’; and (B) in the second sentence, by striking ‘‘If the Secretary concerned later determines that the officer is qualified for promotion to such grade’’ and inserting ‘‘If it is later determined by a civilian official of the Department of Defense (not below the level of Secretary of a military department) that the officer is qualified for promotion to such grade and, after a review of adverse information regarding the requirement for exemplary conduct set forth in section 3583, 5947, or 8583 of this title, as applicable, the officer is determined to be among the officers best qualified for promotion to such grade’’. (b) OFFICERS ON RESERVE ACTIVE-STATUS LIST.— (1) SECRETARY OF DEFENSE REGULATIONS FOR DELAYS OF APPOINTMENT UPON PROMOTION.—Subsections (a)(1) and (b) of section 14311 of such title are amended by striking ‘‘Secretary of the military department concerned’’ and inserting ‘‘Secretary of Defense’’. (2) ADDITIONAL BASIS FOR ORIGINAL DELAY OF APPOINTMENT BY REASON OF INVESTIGATIONS AND PROCEEDINGS.—Section 14311(a) of such title is further amended— (A) in paragraph (1), by adding at the end the following new subparagraph: ‘‘(E) Substantiated adverse information about the officer that is material to the decision to appoint the officer is under
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