Page:United States Statutes at Large Volume 120.djvu/2216

 PUBLIC LAW 109–364—OCT. 17, 2006

120 STAT. 2185

(b) OFFICERS ON RESERVE-ACTIVE STATUS LIST.—Section 14111(b) of such title 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.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to selection boards convened on or after the date of the enactment of this Act.

10 USC 618 note.

SEC. 514. SPECIAL SELECTION BOARD AUTHORITIES.

(a) OFFICERS ON ACTIVE-DUTY LIST.— (1) BOARDS FOR ADMINISTRATIVE

ERROR AVAILABLE ONLY TO OFFICERS IN OR ABOVE PROMOTION ZONE.—Subsection (a)(1)

of section 628 of title 10, United States Code, is amended by inserting ‘‘from in or above the promotion zone’’ after ‘‘for selection for promotion’’. (2) ACTIONS TREATABLE AS MATERIAL UNFAIRNESS.—Subsection (b)(1)(A) of such section is amended by inserting ‘‘in a matter material to the decision of the board’’ after ‘‘contrary to law’’. (b) OFFICERS ON RESERVE ACTIVE-STATUS LIST.—Section 14502(b)(1)(A) of such title is amended by inserting ‘‘in a matter material to the decision of the board’’ after ‘‘contrary to law’’. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on March 1, 2007, and shall apply with respect to selection boards convened on or after that date.

10 USC 628 note.

SEC. 515. REMOVAL FROM PROMOTION LIST OF OFFICERS NOT PROMOTED WITHIN 18 MONTHS OF APPROVAL OF LIST BY THE PRESIDENT.

(a) OFFICERS ON ACTIVE-DUTY LISTS.— (1) CLARIFICATION OF REMOVAL DUE TO SENATE NOT GIVING ADVICE AND CONSENT.—Subsection (b) of section 629 of title 10, United States Code, is amended— (A) by inserting ‘‘REMOVAL DUE TO SENATE NOT GIVING ADVICE AND CONSENT.—’’ after ‘‘(b)’’ ; and (B) by inserting ‘‘to a grade for which appointment is required by section 624(c) of this title to be made by and with the advice and consent of the Senate’’ after ‘‘the President’’. (2) REMOVAL AFTER 18 MONTHS.—Such section is further amended— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following new subsection (c): ‘‘(c) REMOVAL AFTER 18 MONTHS.—(1) If an officer whose name is on a list of officers approved for promotion under section 624(a) of this title to a grade for which appointment is required by section 624(c) of this title to be made by and with the advice and consent of the Senate is not appointed to that grade under such section during the officer’s promotion eligibility period, the officer’s name

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