Pub. L. 109-163, div. A, tit. V, subtit. A, sec. 506
FURNISHING TO PROMOTION SELECTION BOARDS OF ADVERSE INFORMATION ON OFFICERS ELIGIBLE FOR PROMOTION TO CERTAIN SENIOR GRADES.
SEC. 506. FURNISHING TO PROMOTION SELECTION BOARDS OF ADVERSE INFORMATION ON OFFICERS ELIGIBLE FOR PROMOTION TO CERTAIN SENIOR GRADES.(a) Officers on Active-Duty List.—(1) In general.—Section 615(a) of title 10, United States Code, is amended—(A) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4), (5), (6), and (7), respectively; and(B) by inserting after paragraph (2) the following new paragraph (3):“(3) In the case of an eligible officer considered for promotion to a grade above colonel or, in the case of the Navy, captain, any credible information of an adverse nature, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry, shall be furnished to the selection board in accordance with standards and procedures set out in the regulations prescribed by the Secretary of Defense pursuant to paragraph (1).”.(2) Conforming amendments.—Such section is further amended—(A) in paragraph (4), as redesignated by paragraph (1)(A) of this subsection, by striking “paragraph (2)” and inserting “paragraphs (2) and (3)”;(B) in paragraph (5), as so redesignated, by striking “and (3)” and inserting “, (3), and (4)”;(C) in paragraph (6), as so redesignated—(i) in the matter preceding subparagraph (A), by inserting “, or in paragraph (3),” after “paragraph (2)”; and(ii) in subparagraph (B), by inserting “or (3), as applicable” after “paragraph (2)”; and(D) in subparagraph (A) of paragraph (7), as so redesignated, by inserting “or (3)” after “paragraph (2)(B)”.(b) Reserve Officers.—(1) In general.—Section 14107(a) of title 10, United States Code, is amended—(A) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4), (5), (6), and (7), respectively; and(B) by inserting after paragraph (2) the following new paragraph (3):“(3) In the case of an eligible officer considered for promotion to a grade above colonel or, in the case of the Navy, captain, any credible information of an adverse nature, including any 119 STAT. 3228 substantiated adverse finding or conclusion from an officially documented investigation or inquiry, shall be furnished to the selection board in accordance with standards and procedures set out in the regulations prescribed by the Secretary of Defense pursuant to paragraph (1).”.(2) Conforming amendments.—Such section is further amended—(A) in paragraph (4), as redesignated by paragraph (1)(A) of this subsection, by striking “paragraph (2)” and inserting “paragraphs (2) and (3)”;(B) in paragraph (5), as so redesignated, by striking “and (3)” and inserting “, (3), and (4)”;(C) in paragraph (6), as so redesignated—(i) in the matter preceding subparagraph (A), by inserting “, or in paragraph (3),” after “paragraph (2)”; and(ii) in subparagraph (B), by inserting “or (3), as applicable” after “paragraph (2)”; and(D) in subparagraph (A) of paragraph (7), as so redesignated, by inserting “or (3)” after “paragraph (2)(B)”.(c) Effective Date.—The amendments made by this section shall take effect on October 1, 2006, and shall apply with respect to promotion selection boards convened on or after that date.