Page:United States Statutes at Large Volume 100 Part 1.djvu/1067

 PUBLIC LAW 99-433—OCT. 1, 1986

100 STAT. 1031

"(b)(1) After completing the requirements of subsection (a), the Secretary concerned, in the case of the report of a selection board that considered officers who are serving, or have served, in joint duty assignments, shall submit the report to the Chairman of the Joint Chiefs of Staff. "(2) The Chairman, in accordance with guidelines furnished to the Chairman by the Secretary of Defense, shall review the report for the purpose of determining if— "(A) the selection board acted consistent with the guidelines of the Secretary of Defense under section 615(b) of this title to Ante, p. 1030. s ensure that selection boards give appropriate consideration to the performance in joint duty assignments of officers who are serving, or have served, in such assignments; and ^ "(B) the selection board otherwise gave appropriate consideration to the performance in joint duty assignments of officers who are serving, or have served, in such assignments. 9 '^SU oi "(3) After reviewing the report, the Chairman shall return the report, with his determinations and comments, to the Secretary concerned. "(4) If the Chairman determines that the board acted contrary to the guidelines of the Secretary of Defense under section 615(b) of this title or otherwise failed to give appropriate consideration to the performance of officers in joint duty assignments, the Secretary concerned may— "(A) return the report, together with the Chairman's determinations and comments, to the selection board (or a subseV quent selection board convened under section 611(a) of this title 10 USC 6ii., for the same grade and competitive category) for further proceedings in accordance with subsection (a); r "(B) convene a special selection board in the manner provided I for under section 628 of this title; or I "(C) take other appropriate action to satisfy the concerns of the Chairman. "(5) If, after completion of all actions taken under paragraph (4), the Secretary concerned and the Chairman remain in disagreement with respect to the report of a selection board, the Secretary concerned shall indicate such disagreement, and the reasons for such disagreement, as part of his transmittal of the report of the selection board to the Secretary of Defense under subsection (c). Such transmittal shall include any comments submitted by the Chairman."; and (3) by adding at the end of paragraph (1) of subsection (c) (as i redesignated by paragraph (1)) the following new sentence: "The Secretary of Defense s h ^ l, before transmitting the report of a selection board to the President, take appropriate action to '•'' J--"**' • f resolve any disagreement between the Secretary concerned and the Chairman transmitted to him under subsection (b)(5).". SEC. 403. CONSIDERATION OF JOINT DUTY IN SENIOR GENERAL AND FLAG OFFICER APPOINTMENTS AND ADVICE ON QUALIFICATIONS

Section 601 is amended by adding at the end the following new subsection: "(d)(1) When an officer is recommended to the President for an initial appointment to the grade of lieutenant general or vice admiral, or for an initial appointment to the grade of general or admiral, the Chairman of the Joint Chiefs of Staff shall submit to the Secretary of Defense the Chairman's evaluation of the perform-

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