120 STAT. 2184 10 USC 624 note.
PUBLIC LAW 109–364—OCT. 17, 2006
(e) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply with respect to officers on promotion lists established on or after the date of the enactment of this Act. SEC. 512. CONSIDERATION OF ADVERSE INFORMATION BY SELECTION BOARDS IN RECOMMENDATIONS ON OFFICERS TO BE PROMOTED.
10 USC 616 note.
(a) OFFICERS ON ACTIVE-DUTY LIST.—Section 616(c) of title 10, United States Code, is amended— (1) by striking ‘‘and’’ at the end of paragraph (1); (2) by striking the period at the end in paragraph (2) and inserting ‘‘; and’’; and (3) by adding at the end the following new paragraph: ‘‘(3) a majority of the members of the board, after consideration by all members of the board of any adverse information about the officer that is provided to the board under section 615 of this title, finds that the officer is among the officers best qualified for promotion to meet the needs of the armed force concerned consistent with the requirement of exemplary conduct set forth in section 3583, 5947, or 8583 of this title, as applicable.’’. (b) OFFICERS ON RESERVE-ACTIVE STATUS LIST.—Section 14108(b) of such title is amended— (1) in the heading, by striking ‘‘MAJORITY REQUIRED.— ’’ and inserting ‘‘ACTIONS REQUIRED.—’’; (2) by striking ‘‘and’’ at the end of paragraph (1); (3) by striking the period at the end in paragraph (2) and inserting ‘‘; and’’; and (4) by adding at the end the following new paragraph: ‘‘(3) a majority of the members of the board, after consideration by all members of the board of any adverse information about the officer that is provided to the board under section 14107 of this title, finds that the officer is among the officers best qualified for promotion to meet the needs of the armed force concerned consistent with the requirement of exemplary conduct set forth in section 3583, 5947, or 8583 of this title, as applicable.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply with respect to selection boards convened on or after that date. SEC. 513. EXPANDED AUTHORITY FOR REMOVAL FROM REPORTS OF SELECTION BOARDS OF OFFICERS RECOMMENDED FOR PROMOTION TO GRADES BELOW GENERAL AND FLAG GRADES.
(a) OFFICERS ON ACTIVE-DUTY LIST.—Section 618(d) of title 10, United States Code, is amended— (1) by striking ‘‘The name’’ and inserting ‘‘(1) Except as provided in paragraph (2), the name’’; and (2) by adding at the end the following new paragraph: ‘‘(2) In the case of an officer recommended by a selection board for promotion to a grade below brigadier general or rear admiral (lower half), the name of the officer may also be removed from the report of the selection board by the Secretary of Defense or the Deputy Secretary of Defense.’’.
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