Page:United States Statutes at Large Volume 120.djvu/2214

 PUBLIC LAW 109–364—OCT. 17, 2006

120 STAT. 2183

review by the Secretary of Defense or the Secretary concerned.’’; and (B) in paragraph (2)— (i) by striking ‘‘or’’ after ‘‘show cause for retention,’’; and (ii) by inserting after ‘‘of the charges,’’ 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.—Section 14311(b) 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 the higher 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 the higher 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 the higher grade’’. (c) DEADLINE FOR UNIFORM REGULATIONS ON DELAY OF PROMOTIONS.— (1) DEADLINE.—The Secretary of Defense shall prescribe the regulations required by section 624(d) of title 10, United States Code (as amended by subsection (a)(1) of this section), and the regulations required by section 14311 of such title (as amended by subsection (b)(1) of this section) not later than March 1, 2008. (2) SAVINGS CLAUSE FOR EXISTING REGULATIONS.—Until the Secretary of Defense prescribes regulations pursuant to paragraph (1), regulations prescribed by the Secretaries of the military departments under the sections referred to in paragraph (1) shall remain in effect. (d) TECHNICAL AMENDMENTS TO CLARIFY DATE OF ESTABLISHMENT OF PROMOTION LISTS.— (1) PROMOTION LISTS FOR ACTIVE-DUTY LIST OFFICERS.— Section 624(a)(1) of title 10, United States Code, is amended by adding at the end the following new sentence: ‘‘A promotion list is considered to be established under this section as of the date of the approval of the report of the selection board under the preceding sentence.’’. (2) PROMOTION LISTS FOR RESERVE ACTIVE-STATUS LIST OFFICERS.—Section 14308(a) of title 10, United States Code, is amended by adding at the end the following new sentence: ‘‘A promotion list is considered to be established under this section as of the date of the approval of the report of the selection board under the preceding sentence.’’.

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