REVISIONS TO AUTHORITIES RELATING TO AUTHORIZED DELAYS OF OFFICER PROMOTIONS.

SEC. 511. REVISIONS TO AUTHORITIES RELATING TO AUTHORIZED DELAYS OF OFFICER PROMOTIONS.(a) Officers on Active-Duty List.—(1) Secretary of defense regulations for delays of appointment upon promotion.—Paragraphs (1) and (2) of subsection (d) of section 624 of title 10, United States Code, are 120 STAT. 2182 amended by striking “prescribed by the Secretary concerned” in and inserting “prescribed by the Secretary of Defense”.(2) Additional basis for delay of appointment by reason of investigations and proceedings.—Subsection (d)(1) of such section is further amended—(A) by striking “or” at the end of subparagraph (C);(B) by striking the period at the end of subparagraph (D) and inserting “; or”;(C) by inserting after subparagraph (D) 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(D) in the flush matter following subparagraph (E), as inserted by subparagraph (C) of this paragraph—(i) by striking “or” after “chapter 60 of this title”; 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 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.—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 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 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 such 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 such grade”.(b) Officers on Reserve Active-Status List.—(1) Secretary of defense regulations for delays of appointment upon promotion.—Subsections (a)(1) and (b) of section 14311 of such title are amended by striking “Secretary of the military department concerned” and inserting “Secretary of Defense”.(2) Additional basis for original delay of appointment by reason of investigations and proceedings.—Section 14311(a) of such title is further 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 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.”.120 STAT. 2184(e) 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 the date of the enactment of this Act.