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tionately by the total authorized strengths of such units and
by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a),
the reserve components of the Armed Forces are authorized,
as of September 30, 2007, the following number of Reserves
to be serving on full-time active duty or full-time duty, in
the case of members of the National Guard, for the purpose
of organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United
States, 27,441.
(2) The Army Reserve, 15,416.
(3) The Navy Reserve, 12,564.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United
States, 13,206.
(6) The Air Force Reserve, 2,707.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS
(DUAL STATUS).
The minimum number of military technicians (dual
status) as of the last day of fiscal year 2007 for the reserve
components of the Army and the Air Force (notwith-
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standing section 129 of title 10, United States Code) shall
be the following:
(1) For the Army Reserve, 7,912.
(2) For the Army National Guard of the United
States, 26,050.
(3) For the Air Force Reserve, 10,124.
(4) For the Air National Guard of the United
States, 23,255.
SEC. 414. FISCAL YEAR 2007 LIMITATION ON NUMBER OF
NON-DUAL STATUS TECHNICIANS.
(a) LIMITATIONS.—
(1) NATIONAL
GUARD.—Within the limitation
provided in section 10217(c)(2) of title 10, United
States Code, the number of non-dual status techni-
cians employed by the National Guard as of Sep-
tember 30, 2007, may not exceed the following:
(A) For the Army National Guard of the
United States, 1,600.
(B) For the Air National Guard of the
United States, 350.
(2) ARMY RESERVE.—The number of non-dual
status technicians employed by the Army Reserve as
of September 30, 2007, may not exceed 595.
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(3) AIR FORCE RESERVE.—The number of non-
dual status technicians employed by the Air Force
Reserve as of September 30, 2007, may not exceed 90.
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In
this section, the term ‘‘non-dual status technician’’ has the
meaning given that term in section 10217(a) of title 10,
United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
THORIZED TO BE ON ACTIVE DUTY FOR
OPERATIONAL SUPPORT.
During fiscal year 2007, the maximum number of
members of the reserve components of the Armed Forces who
may be serving at any time on full-time operational sup-
port duty under section 115(b) of title 10, United States
Code, is the following:
(1) The Army National Guard of the United
States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United
States, 16,000.
(6) The Air Force Reserve, 14,000.
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Subtitle C—Authorization of
Appropriations
SEC. 421. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
2007 a total of $112,043,468,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 2007.
SEC. 422. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 2007 from the Armed Forces Retirement Home Trust
Fund the sum of $54,846,000 for the operation of the Armed
Forces Retirement Home.
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Officer Personnel Policy
Part I—Officer Personnel Policy Generally
SEC. 501. MILITARY STATUS OF OFFICERS SERVING IN CER-
TAIN INTELLIGENCE COMMUNITY POSITIONS.
Section 528 of title 10, United States Code, is amended
by adding at the end the following new subsections:
‘‘(e) MILITARY STATUS.—An officer of the Armed
Forces, while serving in a position covered by this section—
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‘‘(1) shall not be subject to supervision or control
by the Secretary of Defense or by any officer or em-
ployee of the Department of Defense, except as di-
rected by the Secretary or the Secretary’s designee
concerning reassignment from such position; and
‘‘(2) shall not exercise, by reason of the officer’s
status as an officer, any supervision or control with
respect to any of the military or civilian personnel of
the Department of Defense except as otherwise author-
ized by law.
‘‘(f) EFFECT OF APPOINTMENT.—Except as provided
in subsection (e), the appointment of an officer of the Armed
Forces to a position covered by this section shall not affect
the status, position, rank, or grade of such officer in the
Armed Forces, or any emolument, perquisite, right, privi-
lege, or benefit incident to or arising out of such status,
position, rank, or grade.
‘‘(g) MILITARY PAY AND ALLOWANCES.—(1) An officer
of the Armed Forces on active duty who is appointed to
a position covered by this section shall, while serving in
such position and while remaining on active duty, continue
to receive military pay and allowances, and shall not re-
ceive the pay prescribed for such position.
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‘‘(2) Funds from which pay and allowances under
paragraph (1) are paid shall be reimbursed from the fol-
lowing:
‘‘(A) Funds available to the Director of the Cen-
tral Intelligence Agency, for positions within the Cen-
tral Intelligence Agency.
‘‘(B) Funds available to the Director of National
Intelligence, for positions within the Office of the Di-
rector of National Intelligence.’’.
SEC. 502. EXTENSION OF TEMPORARY REDUCTION OF TIME-
IN-GRADE REQUIREMENT FOR ELIGIBILITY
FOR PROMOTION FOR CERTAIN ACTIVE-DUTY
LIST OFFICERS IN GRADES OF FIRST LIEU-
TENANT AND LIEUTENANT (JUNIOR GRADE).
Section 619(a)(1)(B) of title 10, United States Code,
is amended by striking ‘‘October 1, 2005’’ and inserting
‘‘October 1, 2008’’.
SEC. 503. EXTENSION OF AGE LIMITS FOR ACTIVE-DUTY
GENERAL AND FLAG OFFICERS.
(a) RESTATEMENT AND MODIFICATION OF CURRENT
AGE LIMITS.—Section 1251 of title 10, United States Code,
is amended to read as follows:
‘‘§ 1251. Regular commissioned officers; exceptions
‘‘(a) AGE LIMITS FOR GENERAL AND FLAG OFFI-
CERS.—(1) Unless retired or separated earlier, each regular
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commissioned officer of the Army, Air Force, or Marine
Corps serving in a grade at or above brigadier general, or
rear admiral (lower half) in the case of an officer in the
Navy, shall be retired on the first day of the month fol-
lowing the month in which the officer becomes 64 years of
age.
‘‘(2) Notwithstanding paragraph (1), the Secretary of
Defense may defer the retirement of an officer serving in
a position that carries a grade above major general or rear
admiral, but such a deferment may not extend beyond the
first day of the month following the month in which the
officer becomes 66 years of age.
‘‘(3) Notwithstanding paragraphs (1) and (2), the
President may defer the retirement of an officer serving in
a position that carries a grade above major general or rear
admiral, but such a deferment may not extend beyond the
first day of the month following the month in which the
officer becomes 68 years of age.
‘‘(b) AGE LIMITS FOR OTHER OFFICERS.—Unless re-
tired or separated earlier, each regular commissioned officer
of the Army, Air Force, or Marine Corps other than an
officer covered by section 1252 of this title or a commis-
sioned warrant officer) serving in a grade below brigadier
general, or rear admiral (lower half) in the case of an officer
in the Navy, shall be retired on the first day of the month
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following the month in which the officer becomes 62 years
of age.
‘‘(c) DEFERRED RETIREMENT OF HEALTH PROFES-
SIONS OFFICERS.—(1) The Secretary of the military de-
partment concerned may, subject to subsection (e), defer the
retirement under subsection (b) of a health professions offi-
cer if during the period of the deferment the officer will
be performing duties consisting primarily of providing pa-
tient care or performing other clinical duties.
‘‘(2) For purposes of this subsection, a health profes-
sions officer is—
‘‘(A) a medical officer;
‘‘(B) a dental officer; or
‘‘(C) an officer in the Army Nurse Corps, an of-
ficer in the Navy Nurse Corps, or an officer in the
Air Force designated as a nurse.
‘‘(d) DEFERRED RETIREMENT OF CHAPLAINS.—The
Secretary of the military department concerned may, sub-
ject to subsection (e), defer the retirement under subsection
(b) of an officer who is appointed or designated as a chap-
lain if the Secretary determines that such deferral is in the
best interest of the military department concerned.
‘‘(e) LIMITATION ON DEFERRAL OF RETIREMENTS.—
(1) Except as provided in paragraph (2), a deferment under
subsection (c) or (d) may not extend beyond the first day
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of the month following the month in which the officer be-
comes 68 years of age.
‘‘(2) The Secretary of the military department con-
cerned may extend a deferment under subsection (c) or (d)
beyond the day referred to in paragraph (1) if the Secretary
determines that extension of the deferment is necessary for
the needs of the military department concerned. Such an
extension shall be made on a case-by-case basis and shall
be for such period as the Secretary considers appropriate.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 63 of such title is amended by
striking the item relating to section 1251 and inserting the
following new item:
‘‘1251. Regular commissioned officers; exceptions.’’.
SEC. 504. MODIFICATION OF AUTHORITIES ON SENIOR
MEMBERS OF THE JUDGE ADVOCATE GEN-
ERAL’S CORPS.
(a) DEPARTMENT OF THE ARMY.—
(1) GRADE
OF
JUDGE
ADVOCATE
GENERAL.—
Subsection (a) of section 3037 of title 10, United
States Code, is amended by striking the third sentence
and inserting the following new sentence: ‘‘The Judge
Advocate General, while so serving, has the grade of
lieutenant general.’’.
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(2) REDESIGNATION OF ASSISTANT JUDGE ADVO-
CATE GENERAL AS DEPUTY JUDGE ADVOCATE GEN-
ERAL.—Such section is further amended—
(A) in subsection (a), by striking ‘‘Assistant
Judge Advocate General’’ each place it appears
and inserting ‘‘Deputy Judge Advocate General’’;
and
(B) in subsection (d), by striking ‘‘Assistant
Judge Advocate General’’ and inserting ‘‘Deputy
Judge Advocate General’’.
(3) CONFORMING AND CLERICAL AMENDMENTS.—
(A) The heading of such section is amended by strik-
ing ‘‘Assistant Judge Advocate General’’
and inserting ‘‘Deputy Judge Advocate Gen-
eral’’.
(B) The table of sections at the beginning of
chapter 305 of such title is amended in the item relat-
ing to section 3037 by striking ‘‘Assistant Judge Ad-
vocate General’’ and inserting ‘‘Deputy Judge Advo-
cate General’’.
(b) GRADE OF JUDGE ADVOCATE GENERAL OF THE
NAVY.—Section 5148(b) of such title is amended in sub-
section by striking the last sentence and inserting the fol-
lowing new sentence: ‘‘The Judge Advocate General, while
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so serving, has the grade of vice admiral or lieutenant gen-
eral, as appropriate.’’.
(c) GRADE OF JUDGE ADVOCATE GENERAL OF THE
AIR FORCE.—Section 8037(a) of such title is amended by
striking the last sentence and inserting the following new
sentence: ‘‘The Judge Advocate General, while so serving,
has the grade of lieutenant general.’’.
(d) EXCLUSION FROM ACTIVE-DUTY GENERAL AND
FLAG OFFICER STRENGTH
AND DISTRIBUTION LIMITA-
TIONS.—Section 525(b) of such title is amended by adding
at the end the following new paragraph:
‘‘(9) An officer while serving as the Judge Advocate
General of the Army, the Judge Advocate General of the
Navy, or the Judge Advocate General of the Air Force is
in addition to the number that would otherwise be per-
mitted for that officer’s armed force for officers serving on
active duty in grades above major general or rear admiral
under paragraph (1) or (2), as applicable.’’.
SEC. 505. REQUIREMENT FOR SIGNIFICANT JOINT EXPERI-
ENCE FOR OFFICERS APPOINTED AS SUR-
GEON GENERAL OF THE ARMY, NAVY, AND
AIR FORCE.
(a) RESTATEMENT
AND STANDARDIZATION
OF AU-
THORITIES ON SURGEON GENERAL OF THE ARMY.—
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(1) IN
GENERAL.—Chapter 305 of title 10,
United States Code, is amended by inserting after sec-
tion 3036 the following new section:
‘‘§ 3036a. Surgeon General: appointment; grade
‘‘(a) SURGEON GENERAL.—There is a Surgeon Gen-
eral of the Army who is appointed by the President, by and
with the advice and consent of the Senate, from officers in
any corps of the Army Medical Department.
‘‘(b) GRADE.—The Surgeon General, while so serving,
has the grade of lieutenant general.
‘‘(c) TERM OF OFFICE.—An officer appointed as Sur-
geon General normally holds office for four years.
‘‘(d) JOINT EXPERIENCE REQUIRED FOR APPOINT-
MENT.—(1) The Secretary of Defense may not recommend
an officer to the President for appointment as Surgeon Gen-
eral unless the officer is determined by the Chairman of
the Joint Chiefs of Staff, in accordance with criteria and
as a result of a process established by the Chairman, to have
significant joint experience.
‘‘(2) Until October 1, 2010, the Secretary of Defense
may waive the limitation in paragraph (1) with respect
to the recommendation of an officer as Surgeon General if—
‘‘(A) the Secretary of the Army requests the
waiver; and
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‘‘(B) in the judgment of the Secretary of
Defense—
‘‘(i) the officer is qualified for service as
Surgeon General; and
‘‘(ii) the waiver is necessary for the good of
the Army.
‘‘(3) Any waiver under paragraph (2) shall be made
on a case-by-case basis.’’.
(2) CONFORMING AMENDMENT.—Section 3036(b)
of such title is amended in the flush matter following
paragraph (2) by striking the second sentence.
(3) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 305 of such title is
amended by inserting after the item relating to sec-
tion 3036 the following new item:
‘‘3036a. Surgeon General: appointment; grade.’’.
(b) SURGEON GENERAL OF THE NAVY.—
(1) IN GENERAL.—Section 5137 of such title is
amended—
(A) by redesignating subsection (b) as sub-
section (c); and
(B) by inserting after subsection (a) the fol-
lowing new subsection (b):
‘‘(b) JOINT EXPERIENCE REQUIRED FOR APPOINT-
MENT AS CHIEF.—(1) The Secretary of Defense may not
recommend an officer to the President for appointment as
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Surgeon General unless the officer is determined by the
Chairman of the Joint Chiefs of Staff, in accordance with
criteria and as a result of a process established by the
Chairman, to have significant joint experience.
‘‘(2) Until October 1, 2010, the Secretary of Defense
may waive the limitation in paragraph (1) with respect
to the recommendation of an officer as Surgeon General if—
‘‘(A) the Secretary of the Navy requests the waiv-
er; and
‘‘(B) in the judgment of the Secretary of
Defense—
‘‘(i) the officer is qualified for service as
Surgeon General; and
‘‘(ii) the waiver is necessary for the good of
the Navy.
‘‘(3) Any waiver under paragraph (2) shall be made
on a case-by-case basis.’’.
(2) TECHNICAL AMENDMENTS.—Such section is
further amended—
(A) 
in 
subsection 
(a), 
by 
inserting
‘‘CHIEF.—’’ after ‘‘(a)’’; and
(B) in subsection (c), as redesignated by
paragraph (1)(A) of this subsection, by inserting
‘‘DEPUTY CHIEF.—’’ after ‘‘(c)’’.
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(c) SURGEON GENERAL OF THE AIR FORCE.—The text
of section 8036 of such title is amended to read as follows:
‘‘(a) SURGEON GENERAL.—There is a Surgeon Gen-
eral of the Air Force who is appointed by the President,
by and with the advice and consent of the Senate, from offi-
cers of the Air Force who are in the Air Force medical de-
partment.
‘‘(b) GRADE.—The Surgeon General, while so serving,
has the grade of lieutenant general.
‘‘(c) JOINT EXPERIENCE REQUIRED FOR APPOINT-
MENT.—(1) The Secretary of Defense may not recommend
an officer to the President for appointment as Surgeon Gen-
eral unless the officer is determined by the Chairman of
the Joint Chiefs of Staff, in accordance with criteria and
as a result of a process established by the Chairman, to have
significant joint experience.
‘‘(2) Until October 1, 2010, the Secretary of Defense
may waive the limitation in paragraph (1) with respect
to the recommendation of an officer as Surgeon General if—
‘‘(A) the Secretary of the Air Force requests the
waiver; and
‘‘(B) in the judgment of the Secretary of
Defense—
‘‘(i) the officer is qualified for service as
Surgeon General; and
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‘‘(ii) the waiver is necessary for the good of
the Air Force.
‘‘(3) Any waiver under paragraph (2) shall be made
on a case-by-case basis.’’.
(d) EFFECTIVE DATE.—The amendments made by this
section shall take effect on October 1, 2008, and shall apply
with respect to appointments to the position of Surgeon
General of the Army, Surgeon General of the Navy, and
Surgeon General of the Air Force that are made on or after
that date.
SEC. 506. GRADE AND EXCLUSION FROM ACTIVE-DUTY GEN-
ERAL AND FLAG OFFICER DISTRIBUTION AND
STRENGTH LIMITATIONS OF OFFICER SERV-
ING AS ATTENDING PHYSICIAN TO THE CON-
GRESS.
(a) GRADE.—
(1) REGULAR OFFICER.—(A) Chapter 41 of title
10, United States Code, is amended by adding at the
end the following new section:
‘‘§ 722. Attending Physician to the Congress: grade
‘‘A general officer serving as Attending Physician to
the Congress, while so serving, holds the grade of major gen-
eral. A flag officer serving as Attending Physician to the
Congress, while so serving, holds the grade of rear admi-
ral.’’.
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(B) The table of sections at the beginning of such
chapter is amended by adding at the end the fol-
lowing new item:
‘‘722. Attending Physician to the Congress: grade.’’.
(2) RESERVE OFFICER.—(A) Section 12210 of
such title is amended by striking ‘‘who holds’’ and all
that follows and inserting ‘‘holds the reserve grade of
major general or rear admiral, as appropriate.’’.
(B) The heading of such section is amended to
read as follows:
‘‘§ 12210. Attending Physician to the Congress: reserve
grade’’.
(C) The table of sections at the beginning of
chapter 1205 of such title is amended by striking the
item relating to section 12210 and inserting the fol-
lowing new item:
‘‘12210. Attending Physician to the Congress: reserve grade.’’.
(b) DISTRIBUTION LIMITATIONS.—Section 525 of title
10, United States Code, is amended by adding at the end
the following new subsection:
‘‘(f) An officer while serving as Attending Physician
to the Congress is in addition to the number that would
otherwise be permitted for that officer’s armed force for offi-
cers serving on active duty in grades above brigadier gen-
eral or rear admiral (lower half) under subsection (a).’’.
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(c) ACTIVE-DUTY STRENGTH LIMITATIONS.—Section
526 of such title is amended by adding at the end the fol-
lowing new subsection:
‘‘(f) EXCLUSION OF ATTENDING PHYSICIAN TO THE
CONGRESS.—The limitations of this section do not apply
to the general or flag officer who is serving as Attending
Physician to the Congress.’’.
SEC. 507. DISCRETIONARY SEPARATION AND RETIREMENT
OF CHIEF WARRANT OFFICERS, W–4, TWICE
FAILING SELECTION FOR PROMOTION.
(a) IN GENERAL.—Section 580(a) of title 10, United
States Code, is amended—
(1) in paragraph (1), by inserting ‘‘, except as
provided in paragraph (5),’’ after ‘‘shall’’;
(2) by redesignating paragraphs (5) and (6) as
paragraphs (6) and (7), respectively; and
(3) by inserting after paragraph (4) the fol-
lowing new paragraph (5):
‘‘(5) In the case of a warrant officer described in para-
graph (1) who is in the grade of chief warrant officer, W–
4, the retirement or separation of such member under this
subsection shall be subject to the discretion of the Secretary
concerned.’’.
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(b) ELIGIBILITY FOR PROMOTION.—Paragraph (6) of
such section, as redesignated by subsection (a)(2) of this sec-
tion, is further amended—
(1) by striking ‘‘A warrant officer’’ and insert-
ing ‘‘(A) Except as provided in subparagraph (B), a
warrant officer’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) A warrant officer who is retained on active duty
pursuant to an exercise of the authority in paragraph (5)
is eligible for further consideration for promotion while re-
maining on active duty.’’.
SEC. 508. INCREASED MANDATORY RETIREMENT AGES FOR
RESERVE OFFICERS.
(a) MAJOR GENERALS AND REAR ADMIRALS.—
(1) INCREASED AGE.—Section 14511 of title 10,
United States Code, is amended by striking ‘‘62
years’’ and inserting ‘‘64 years’’.
(2) CONFORMING AMENDMENT.—The heading of
such section is amended to read as follows:
‘‘§ 14511. Separation at age 64: major generals and
rear admirals’’.
(b) BRIGADIER GENERALS
AND REAR ADMIRALS
(LOWER HALF).—
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(1) INCREASED AGE.—Section 14510 of such title
is amended by striking ‘‘60 years’’ and inserting ‘‘62
years’’.
(2) CONFORMING AMENDMENT.—The heading of
such section is amended to read as follows:
‘‘§ 14510. Separation at age 62: brigadier generals
and rear admirals (lower half)’’.
(c) OFFICERS BELOW BRIGADIER GENERAL OR REAR
ADMIRAL (LOWER HALF).—
(1) INCREASED AGE.—Section 14509 of such title
is amended by striking ‘‘60 years’’ and inserting ‘‘62
years’’.
(2) CONFORMING AMENDMENT.—The heading of
such section is amended to read as follows:
‘‘§ 14509. Separation at age 62: reserve officers in
grades below brigadier general or rear
admiral (lower half)’’.
(d) CERTAIN OTHER OFFICERS.—
(1) INCREASED AGE.—Section 14512 of such title
is amended by striking ‘‘64 years’’ both places it ap-
pears and inserting ‘‘66 years’’.
(2) CONFORMING AMENDMENT.—The heading of
such section is amended to read as follows:
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‘‘§ 14512. Separation at age 66: officers holding cer-
tain offices’’.
(e) CONFORMING AMENDMENTS.—Section 14508 of
such title is amended—
(1) in subsection (c), by striking ‘‘60 years’’ and
inserting ‘‘62 years’’; and
(2) in subsection (d), by striking ‘‘62 years’’ and
inserting ‘‘64 years’’.
(f) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 1407 of such title is amended by
striking the items relating to sections 14509, 14510, 14511,
and 14512 and inserting the following new items:
‘‘14509. Separation at age 62: reserve officers in grades below brigadier general
or rear admiral (lower half).
‘‘14510. Separation at age 62: brigadier generals and rear admirals (lower half).
‘‘14511. Separation at age 64: major generals and rear admirals.
‘‘14512. Separation at age 66: officers holding certain offices.’’.
SEC. 509. MODIFICATION OF QUALIFICATIONS FOR LEADER-
SHIP 
OF 
THE 
NAVAL 
POSTGRADUATE
SCHOOL.
Section 7042(a) of title 10, United States Code, is
amended—
(1) in paragraph (1)(A)—
(A) by inserting ‘‘active-duty or retired’’
after ‘‘An’’;
(B) by inserting ‘‘or Marine Corps’’ after
‘‘Navy’’;
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(C) by inserting ‘‘or colonel, respectively’’
after ‘‘captain’’; and
(D) by inserting ‘‘or assigned’’ after ‘‘de-
tailed’’;
(2) in paragraph (2), by inserting ‘‘and the
Commandant of the Marine Corps’’ after ‘‘Oper-
ations’’; and
(3) in paragraph (4)(A)—
(A) by inserting ‘‘(unless such individual is
a retired officer of the Navy or Marine Corps in
a grade not below the grade of captain or colonel,
respectively)’’ after ‘‘in the case of a civilian’’;
(B) by inserting ‘‘active-duty or retired’’
after ‘‘in the case of an’’; and
(C) by inserting ‘‘or Marine Corps’’ after
‘‘Navy’’.
Part II—Officer Promotion Policy
SEC. 515. PROMOTIONS.
(a) OFFICERS ON ACTIVE-DUTY LIST.—
(1) CLARIFICATION OF APPROVAL OF SELECTION
BOARD REPORTS.—Subsection (a)(1) of section 624 of
title 10, United States Code, is amended by inserting
‘‘or a delegate of the President’’ after ‘‘the President’’.
(2) DATE
OF
ESTABLISHMENT
OF
PROMOTION
LIST.—Such subsection is further amended by adding
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at the end the following new sentence: ‘‘For pro-
motions that occur by and with the advice and con-
sent of the Senate, a promotion list shall be treated
as being established for purposes of this chapter on
the date on which the list is received by the Senate
for consideration.’’.
(3) UNIFORM PROCEDURES FOR DELAYS OF AP-
POINTMENT
UPON
PROMOTION.—Subsection (d) of
such section is amended—
(A) in paragraph (1), by striking ‘‘pre-
scribed by the Secretary concerned’’ and insert-
ing ‘‘prescribed by the Secretary of Defense’’; and
(B) in paragraph (2), by striking ‘‘pre-
scribed by the Secretary concerned’’ and insert-
ing ‘‘prescribed by the Secretary of Defense’’.
(4) ADDITIONAL BASIS FOR DELAY OF APPOINT-
MENT.—Subsection (d)(1) of such section is further
amended—
(A) in subparagraph (C), by striking ‘‘or’’
at the end;
(B) in subparagraph (D), by striking the
period at the end and inserting ‘‘; or’’;
(C) by inserting after subparagraph (D) the
following new subparagraph (E):
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‘‘(E) substantiated adverse information about the
officer that is material to the decision to appoint the
officer is under review by the Secretary of Defense or
the Secretary concerned.’’; and
(D) in the flush matter following subpara-
graph (E), as inserted by subparagraph (C) of
this paragraph—
(i) by striking ‘‘or if the officer is ac-
quitted’’ and inserting ‘‘if the officer is ac-
quitted’’; and
(ii) by inserting after ‘‘brought against
him,’’ the following: ‘‘or if after a review of
substantiated adverse information about the
officer regarding the requirement for exem-
plary conduct set forth in section 3583,
5947, or 8583 of this title, as applicable, the
officer is determined to be among the offi-
cers best qualified for promotion,’’.
(5) ADDITIONAL BASIS FOR DELAY IN APPOINT-
MENT
FOR
LACK
OF
QUALIFICATIONS.—Subsection
(d)(2) 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
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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 such grade’’
and inserting ‘‘If it is later determined by a ci-
vilian official of the Department of Defense (not
below the level of Secretary of a military depart-
ment) that the officer is qualified for promotion
to such grade and, after a review of adverse in-
formation regarding the requirement for exem-
plary conduct set forth in section 3583, 5947, or
8583 of this title, as applicable, the officer is de-
termined to be among the officers best qualified
for promotion to such grade’’.
(b) OFFICERS ON RESERVE ACTIVE-STATUS LIST.—
(1) CLARIFICATION OF APPROVAL OF SELECTION
BOARD REPORTS.—Subsection (a) of section 14308 of
title 10, United States Code, is amended by inserting
‘‘or a delegate of the President’’ after ‘‘the President’’.
(2) DATE
OF
ESTABLISHMENT
OF
PROMOTION
LIST.—Such subsection is further amended by adding
at the end the following new sentence: ‘‘For pro-
motions that occur by and with the advice and con-
sent of the Senate, a promotion list shall be treated
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as being established for purposes of this chapter on
the date on which the list is received by the Senate
for consideration.’’.
(3) UNIFORM PROCEDURES FOR DELAYS OF AP-
POINTMENT
UPON
PROMOTION.—Section 14311 of
such title is amended—
(A) in subsection (a)(1), by striking ‘‘Sec-
retary of the military department concerned’’
and inserting ‘‘Secretary of Defense’’; and
(B) in subsection (b), by striking ‘‘Secretary
of the military department concerned’’ and in-
serting ‘‘Secretary of Defense’’.
(4) ADDITIONAL BASIS FOR ORIGINAL DELAY OF
APPOINTMENT.—Section 14311(a) of such title is fur-
ther amended—
(A) in paragraph (1), by adding at the end
the following new subparagraph:
‘‘(E) Substantiated adverse information about
the officer that is material to the decision to appoint
the officer is under review by the Secretary of Defense
or the Secretary concerned.’’; and
(B) in paragraph (2)—
(i) by striking ‘‘or if the officer is ac-
quitted’’ and inserting ‘‘if the officer is ac-
quitted’’; and
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(ii) by inserting after ‘‘brought against
him,’’ the following: ‘‘or if after a review of
substantiated adverse information about the
officer regarding the requirement for exem-
plary conduct set forth in section 3583,
5947, or 8583 of this title, as applicable, the
officer is determined to be among the offi-
cers best qualified for promotion,’’.
(5) ADDITIONAL BASIS FOR DELAY IN APPOINT-
MENT
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 De-
fense (not below the level of Secretary of a mili-
tary department) that the officer is qualified for
promotion to the higher grade and, after a re-
view of adverse information regarding the re-
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quirement for exemplary conduct set forth in sec-
tion 3583, 5947, or 8583 of this title, as applica-
ble, the officer is determined to be among the of-
ficers best qualified for promotion to the higher
grade’’.
(c) DEADLINE FOR UNIFORM REGULATIONS ON DELAY
OF PROMOTIONS.—The Secretary of Defense shall prescribe
the regulations required by section 624(d) of title 10, United
States Code (as amended by subsection (a)(3) of this sec-
tion), and the regulations required by section 14311 of title
10, United States Code (as amended by subsection (b)(3)
of this section), not later than March 1, 2008.
(d) 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 that date.
SEC. 516. CONSIDERATION OF ADVERSE INFORMATION BY
PROMOTION SELECTION BOARDS IN REC-
OMMENDATIONS ON OFFICERS TO BE PRO-
MOTED.
(a) OFFICERS ON ACTIVE-DUTY LIST.—Section 616(c)
of title 10, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘and’’ at the
end;