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(2) in paragraph (2), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following new para-
graph:
‘‘(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 pro-
motion 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 RE-
QUIRED’’ and inserting ‘‘ACTIONS REQUIRED’’;
(2) in paragraph (1), by striking ‘‘and’’ at the
end;
(3) in paragraph (2), by striking the period at
the end and inserting ‘‘; and’’; and
(4) by adding at the end the following new para-
graph:
‘‘(3) a majority of the members of the board,
after consideration by all members of the board of any
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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 con-
cerned 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 promotion selection
boards convened on or after that date.
SEC. 517. EXPANDED AUTHORITY FOR REMOVAL FROM RE-
PORTS 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 para-
graph:
‘‘(2) In the case of an officer recommended by a selec-
tion 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
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the Secretary of Defense or the Deputy Secretary of De-
fense.’’.
(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 para-
graph:
‘‘(2) In the case of an officer recommended by a selec-
tion 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 De-
fense.’’.
(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 promotion selection
boards convened on or after that date.
SEC. 518. CLARIFICATION OF NONDISCLOSURE REQUIRE-
MENTS APPLICABLE TO PROMOTION SELEC-
TION BOARD PROCEEDINGS.
(a) SELECTION BOARD PROCEEDINGS
FOR ACTIVE
DUTY OFFICERS.—Subsection (f) of section 618 of title 10,
United States Code, is amended to read as follows:
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‘‘(f)(1) Proceedings of a selection board convened under
section 611 of this title shall not be disclosed to any person
not a member of the board.
‘‘(2) Discussions and deliberations of a selection board
described in paragraph (1), and any written or documen-
tary records thereof, shall—
‘‘(A) be immune from legal process;
‘‘(B) not be admitted as evidence; and
‘‘(C) not be used for any purpose in any action,
suit, or judicial or administrative proceeding without
the consent of the Secretary of the military depart-
ment concerned.’’.
(b) SELECTION BOARD PROCEEDINGS FOR RESERVE
OFFICERS.—
(1) IN GENERAL.—Section 14104 of such title is
amended to read as follows:
‘‘§ 14104. Nondisclosure of board proceedings
‘‘(a) IN GENERAL.—The proceedings of a selection
board convened under section 14101 of this title shall not
be disclosed to any person not a member of the board.
‘‘(b) DISCUSSIONS AND DELIBERATIONS.—Discussions
and deliberations of a selection board described in sub-
section (a), and any written or documentary records there-
of, shall—
‘‘(1) be immune from legal process;
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‘‘(2) not be admitted as evidence; and
‘‘(3) not be used for any purpose in any action,
suit, or judicial or administrative proceeding without
the consent of the Secretary of the military depart-
ment concerned.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 1403 of such title is
amended by striking the item relating to section
14104 and inserting the following new item:
‘‘14104. Nondisclosure of board proceedings.’’.
(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 the proceedings of any
promotion selection board, whether convened before, on, or
after such date.
SEC. 519. SPECIAL SELECTION BOARD AUTHORITIES.
(a) OFFICERS ON ACTIVE-DUTY LIST.—
(1) BOARDS FOR ADMINISTRATIVE ERROR AVAIL-
ABLE 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 UNFAIR-
NESS.—Subsection (b)(1)(A) of such section is amend-
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ed 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 promotion selection boards convened on or
after that date.
SEC. 520. REMOVAL FROM PROMOTION LISTS OF OFFICERS
RETURNED TO THE PRESIDENT BY THE SEN-
ATE.
(a) OFFICERS ON ACTIVE-DUTY LIST.—
(1) CLARIFICATION OF REMOVAL AUTHORITY.—
Subsection (a) of section 629 of title 10, United States
Code, is amended by inserting ‘‘or a delegee of the
President’’ after ‘‘The President’’.
(2) REMOVAL FOLLOWING RETURN.—Such sec-
tion is further amended—
(A) by redesignating subsection (c) as sub-
section (d);
(B) by inserting after subsection (b) the fol-
lowing new subsection (c):
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‘‘(c)(1) If an officer or group of officers on a list of
officers approved for promotion by the President and sub-
mitted to the Senate for consideration is returned by the
Senate to the President pursuant to the rules and proce-
dures of the Senate, the officer or group of officers, as the
case may be, shall automatically be removed from the list
at the end of the 365-day period beginning on the date of
such return.
‘‘(2) Prior to the end of the 365-day period referred
to in paragraph (1), the President may extend by an addi-
tional 365 days the period specified in that paragraph for
the removal of an officer or group of officers from a list
of officers approved for promotion by the President.
‘‘(3) The President may, during the period specified
in paragraph (1), as extended (if at all) under paragraph
(2), resubmit to the Senate any officer or group of officers
removed under paragraph (1) from a list of officers ap-
proved for promotion by the President.
‘‘(4) If an officer or group of officers resubmitted to
the Senate under paragraph (3) is returned by the Senate
to the President pursuant to the rules and procedures of
the Senate, the officer or group of officers, as the case may
be, shall automatically be removed from the list of officers
approved for promotion by the President.’’; and
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(C) in paragraph (1) of subsection (d), as
redesignated by paragraph (1) of this subsection,
by striking ‘‘or (b)’’ and inserting ‘‘(b), or (c)’’.
(b) OFFICERS ON RESERVE ACTIVE STATUS LIST.—
(1) CLARIFICATION OF REMOVAL AUTHORITY.—
Subsection (a) of section 14310 of such title is amend-
ed by inserting ‘‘or a delegee of the President’’ after
‘‘The President’’.
(2) REMOVAL FOLLOWING RETURN.—Such sec-
tion is further amended—
(A) by redesignating subsection (c) as sub-
section (d);
(B) by inserting after subsection (b) the fol-
lowing new subsection (c):
‘‘(c) REMOVAL FOLLOWING RETURN BY THE SENATE
TO THE PRESIDENT.—(1) If an officer or group of officers
on a list of officers approved for promotion by the President
and submitted to the Senate for consideration is returned
by the Senate to the President pursuant to the rules and
procedures of the Senate, the officer or group of officers, as
the case may be, shall automatically be removed from the
list at the end of the 365-day period beginning on the date
of such return.
‘‘(2) Prior to the end of the 365-day period referred
to in paragraph (1), the President may extend by an addi-
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tional 365 days the period specified in that paragraph for
the removal of an officer or group of officers from a list
of officers approved for promotion by the President.
‘‘(3) The President may, during the period specified
in paragraph (1), as extended (if at all) under paragraph
(2), resubmit to the Senate any officer or group of officers
removed under paragraph (1) from a list of officers ap-
proved for promotion by the President.
‘‘(4) If an officer or group of officers resubmitted to
the Senate under paragraph (3) is returned by the Senate
to the President pursuant to the rules and procedures of
the Senate, the officer or group of officers, as the case may
be, shall automatically be removed from the list of officers
approved for promotion by the President.’’; and
(C) in subsection (d), as redesignated by
paragraph (1) of this subsection, by striking ‘‘or
(b)’’ and inserting ‘‘(b), or (c)’’.
(c) EFFECTIVE DATE.—
(1) IN
GENERAL.—The amendments made by
this section shall take effect on January 1, 2007.
(2) APPLICABILITY TO CERTAIN OFFICERS.—The
amendments made by this section shall not apply to
any officer on the active-duty list or reserve active
status list whose name is on a promotion list or re-
port of a selection board on the date of the enactment
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of this Act. Any officer whose name is on a promotion
list as of the date of the enactment of this Act fol-
lowing the return of the officer’s nomination to the
President by the Senate and who is eligible as of that
date for retirement for years of service shall be retired
not later than October 1, 2008.
SEC. 521. REPORT ON JOINT OFFICER PROMOTION BOARDS.
(a) REPORT REQUIRED.—Not later than June 1, 2007,
the Secretary of Defense shall submit to the Committee on
Armed Services of the Senate and House of Representatives
a report on the desirability and feasibility of conducting
joint officer promotion selection boards.
(b) ELEMENTS.—The report under subsection (a) shall
include—
(1) a discussion of the limitations in existing of-
ficer career paths and promotion procedures that
might warrant the conduct of joint officer promotion
selection boards;
(2) an identification of the requirements for offi-
cers for which joint officer promotion selection boards
would be advantageous;
(3) recommendations on methods to demonstrate
how joint officer promotion selection boards might be
structured, and an evaluation of the feasibility of
such methods; and
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(4) any proposals for legislative action that the
Secretary considers appropriate.
Part III—Joint Officer Management Requirements
SEC. 526. MODIFICATION AND ENHANCEMENT OF GENERAL
AUTHORITIES ON MANAGEMENT OF JOINT
QUALIFIED OFFICERS.
(a) REDESIGNATION OF APPLICABILITY OF POLICIES
TOWARD JOINT QUALIFICATION.—Subsection (a) of section
661 of title 10, United States Code, is amended by striking
the last sentence and inserting the following new sentence:
‘‘For purposes of this chapter, officers to be managed by
such policies, procedures, and practices are referred to as
‘joint qualified’.’’.
(b) NUMBERS AND DESIGNATION.—Subsection (b) of
such section is amended—
(1) in the heading, by striking ‘‘SELECTION’’ and
inserting ‘‘DESIGNATION’’;
(2) in paragraph (1), by striking ‘‘of officers
with the joint specialty’’ and inserting ‘‘and levels of
joint qualified officers’’;
(3) in paragraph (2)—
(A) by striking ‘‘selected for the joint spe-
cialty’’ and inserting ‘‘designated as joint quali-
fied officers’’; and