Sec. 505. SPECIAL SELECTION REVIEW BOARDS FOR REVIEW OF PROMOTION OF OFFICERS SUBJECT TO ADVERSE INFORMATION IDENTIFIED AFTER RECOMMENDATION FOR PROMOTION AND RELATED MATTERS

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## SEC. 505 SPECIAL SELECTION REVIEW BOARDS FOR REVIEW OF PROMOTION OF OFFICERS SUBJECT TO ADVERSE INFORMATION IDENTIFIED AFTER RECOMMENDATION FOR PROMOTION AND RELATED MATTERS ###

(a)Regular Officers ####

(1)In general Subchapter III of chapter 36 of title 10, United States Code, is amended by inserting after section 628 the following new section: > > ## “SEC. 628a Special selection review boards > > **[**[10 U.S.C. 625a](/us/usc/t10/s625a)**]** > > > ### “(a) In General > > > ####

(1)> > If the Secretary of the military department concerned determines that a person recommended by a promotion board for promotion to a grade at or below the grade of major general, rear admiral in the Navy, or an equivalent grade in the Space Force is the subject of credible information of an adverse nature, including any substantiated adverse finding or conclusion described in section 615(a)(3)(A) of this title, that was not furnished to the promotion board during its consideration of the person for promotion as otherwise required by such section, the Secretary shall convene a special selection review board under this section to review the person and recommend whether the recommendation for promotion of the person should be sustained. > > > #### “(2) > > If a person and the recommendation for promotion of the person is subject to review under this section by a special selection review board convened under this section, the name of the person— > > > ##### “(A) > > shall not be disseminated or publicly released on the list of officers recommended for promotion by the promotion board recommending the promotion of the person; and > > > ##### “(B) > > shall not be forwarded to the Secretary of Defense, the President, or the Senate, as applicable, or included on a promotion list under section 624(a) of this title. > > > ### “(b) Convening > > > ####

(1)> > Any special selection review board convened under this section shall be convened in accordance with the provisions of section 628(f) of this title. > > > #### “(2) > > Any special selection review board convened under this section may review such number of persons, and recommendations for promotion of such persons, as the Secretary of the military department concerned shall specify in convening such special selection review board. > > > ### “(c) Information Considered > > > ####

(1)> > In reviewing a person and recommending whether the recommendation for promotion of the person should be sustained under this section, a special selection review board convened under this section shall be furnished and consider the following: > > > ##### “(A) > > The record and information concerning the person furnished in accordance with section 615(a)(2) of this title to the promotion board that recommended the person for promotion. > > > ##### “(B) > > Any credible information of an adverse nature on the person, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry described in section 615(a)(3)(A) of this title. > > > #### “(2) > > The furnishing of information to a special selection review board under paragraph (1)(B) shall be governed by the standards and procedures referred to in paragraph (3)(C) of section 615(a) of this title applicable to the furnishing of information described in paragraph (3)(A) of such section to selection boards in accordance with that section. > > > #### “(3) > > > #####

(A)> > Before information on a person described in paragraph (1)(B) is furnished to a special selection review board for purposes of this section, the Secretary of the military department concerned shall ensure that— > > > ###### “(i) > > such information is made available to the person; and > > > ###### “(ii) > > subject to subparagraphs

(C)and (D), the person is afforded a reasonable opportunity to submit comments on such information to the special selection review board before its review of the person and the recommendation for promotion of the person under this section. > > > ##### “(B) > > If information on a person described in paragraph (1)(B) is not made available to the person as otherwise required by subparagraph (A)(i) due to the classification status of such information, the person shall, to the maximum extent practicable, be furnished a summary of such information appropriate to the person’s authorization for access to classified information. > > > ##### “(C) > > > ######

(i)> > An opportunity to submit comments on information is not required for a person under subparagraph (A)(ii) if— > > > ###### “(I) > > such information was made available to the person in connection with the furnishing of such information under section 615(a) of this title to the promotion board that recommended the promotion of the person subject to review under this section; and > > > ###### “(II) > > the person submitted comments on such information to that promotion board. > > > ###### “(ii) > > The comments on information of a person described in clause (i)(II) shall be furnished to the special selection review board. > > > ##### “(D) > > A person may waive either or both of the following: > > > ###### “(i) > > The right to submit comments to a special selection review board under subparagraph (A)(ii). > > > ###### “(ii) > > The furnishing of comments to a special selection review board under subparagraph (C)(ii). > > > ### “(d) Consideration > > > ####

(1)> > In considering the record and information on a person under this section, the special selection review board shall compare such record and information with an appropriate sampling of the records of those officers of the same competitive category who were recommended for promotion by the promotion board that recommended the person for promotion, and an appropriate sampling of the records of those officers who were considered by and not recommended for promotion by that promotion board. > > > #### “(2) > > Records and information shall be presented to a special selection review board for purposes of paragraph

(1)in a manner that does not indicate or disclose the person or persons for whom the special selection review board was convened. > > > #### “(3) > > In considering whether the recommendation for promotion of a person should be sustained under this section, a special selection review board shall, to the greatest extent practicable, apply standards used by the promotion board that recommended the person for promotion. > > > #### “(4) > > The recommendation for promotion of a person may be sustained under this section only if the special selection review board determines that the person— > > > ##### “(A) > > ranks on an order of merit created by the special selection review board as better qualified for promotion than the sample officer highest on the order of merit list who was considered by and not recommended for promotion by the promotion board concerned; and > > > ##### “(B) > > is comparable in qualification for promotion to those sample officers who were recommended for promotion by that promotion board. > > > #### “(5) > > A recommendation for promotion of a person may be sustained under this section only by a vote of a majority of the members of the special selection review board. > > > #### “(6) > > If a special selection review board does not sustain a recommendation for promotion of a person under this section, the person shall be considered to have failed of selection for promotion. > > > ### “(e) Reports > > > ####

(1)> > Each special selection review board convened under this section shall submit to the Secretary of the military department concerned a written report, signed by each member of the board, containing the name of each person whose recommendation for promotion it recommends for sustainment and certifying that the board has carefully considered the record and information of each person whose name was referred to it. > > > #### “(2) > > The provisions of sections 617(b) and 618 of this title apply to the report and proceedings of a special selection review board convened under this section in the same manner as they apply to the report and proceedings of a promotion board convened under section 611(a) of this title. > > > ### “(f) Appointment of Persons > > > ####

(1)> > If the report of a special selection review board convened under this section recommends the sustainment of the recommendation for promotion to the next higher grade of a person whose name was referred to it for review under this section, and the President approves the report, the person shall, as soon as practicable, be appointed to that grade in accordance with subsections

(b)and

(c)of section 624 of this title. > > > #### “(2) > > A person who is appointed to the next higher grade as described in paragraph

(1)shall, upon that appointment, have the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the active-duty list as the person would have had pursuant to the original recommendation for promotion of the promotion board concerned. > > > ### “(g) Regulations > > > ####

(1)> > The Secretary of Defense shall prescribe regulations to carry out this section. Such regulations shall apply uniformly across the military departments. > > > #### “(2) > > Any regulation prescribed by the Secretary of a military department to supplement the regulations prescribed pursuant to paragraph

(1)may not take effect without the approval of the Secretary of Defense, in writing. > > > ### “(h) Promotion Board Defined > > In this section, the term ‘promotion board ’means a selection board convened by the Secretary of a military department under section 611(a) of this title.” > . ####

(2)Clerical amendment **[**[10 U.S.C. 627](/us/usc/t10/s627)**]** The table of sections at the beginning of subchapter III of chapter 36 of such title is amended by inserting after the item relating to section 628 the following new item:" “628a. Special selection review boards.” ". ####

(3)Delay in promotion Section 624(d) of such title is amended— #####

(A)in paragraph (1)— ######

(i)in subparagraph (D), by striking “or” at the end; ######

(ii)in subparagraph (E), by striking the period at the end and inserting “; or”; and ######

(iii)by inserting after subparagraph

(E)the following new subparagraph (F): > > ##### “(F) > > the Secretary of the military department concerned determines that credible information of an adverse nature, including a substantiated adverse finding or conclusion described in section 615(a)(3)(A) of this title, with respect to the officer will result in the convening of a special selection review board under section 628a of this title to review the officer and recommend whether the recommendation for promotion of the officer should be sustained.” > ; #####

(B)by redesignating paragraphs

(3)and

(4)as paragraphs

(4)and (5), respectively; #####

(C)by inserting after paragraph

(2)the following new paragraph (3): > > #### “(3) > > In the case of an officer whose promotion is delayed pursuant to paragraph (1)(F) and whose recommendation for promotion is sustained, authorities for the promotion of the officer are specified in section 628a(f) of this title.” > ; and #####

(D)in paragraph (4), as redesignated by subparagraph (B)— ######

(i)by striking “The appointment” and inserting “(A) Except as provided in subparagraph (B), the appointment”; and ######

(ii)by adding at the end the following new subparagraph: > > ##### “(B) > > In the case of an officer whose promotion is delayed pursuant to paragraph (1)(F), requirements applicable to notice and opportunity for response to such delay are specified in section 628a(c)(3) of this title.” > . ###

(b)Reserve Officers ####

(1)In general Chapter 1407 of title 10, United States Code, is amended by inserting after section 14502 the following new section: > > ## “SEC. 14502a Special selection review boards > > **[**[10 U.S.C. 14502a](/us/usc/t10/s14502a)**]** > > > ### “(a) In General > > > ####

(1)> > If the Secretary of the military department concerned determines that a person recommended by a promotion board for promotion to a grade at or below the grade of major general or rear admiral in the Navy is the subject of credible information of an adverse nature, including any substantiated adverse finding or conclusion described in section 14107(a)(3)(A) of this title, that was not furnished to the promotion board during its consideration of the person for promotion as otherwise required by such section, the Secretary shall convene a special selection review board under this section to review the person and recommend whether the recommendation for promotion of the person should be sustained. > > > #### “(2) > > If a person and the recommendation for promotion of the person is subject to review under this section by a special selection review board convened under this section, the name of the person— > > > ##### “(A) > > shall not be disseminated or publicly released on the list of officers recommended for promotion by the promotion board recommending the promotion of the person; and > > > ##### “(B) > > shall not be forwarded to the Secretary of Defense, the President, or the Senate, as applicable, or included on a promotion list under section 14308(a) of this title. > > > ### “(b) Convening > > > ####

(1)> > Any special selection review board convened under this section shall be convened in accordance with the provisions of section 14502(b)(2) of this title. > > > #### “(2) > > Any special selection review board convened under this section may review such number of persons, and recommendations for promotion of such persons, as the Secretary of the military department concerned shall specify in convening such special selection review board. > > > ### “(c) Information Considered > > > ####

(1)> > In reviewing a person and recommending whether the recommendation for promotion of the person should be sustained under this section, a special selection review board convened under this section shall be furnished and consider the following: > > > ##### “(A) > > The record and information concerning the person furnished in accordance with section 14107(a)(2) of this title to the promotion board that recommended the person for promotion. > > > ##### “(B) > > Any credible information of an adverse nature on the person, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry described in section 14107(a)(3)(A) of this title. > > > #### “(2) > > The furnishing of information to a special selection review board under paragraph (1)(B) shall be governed by the standards and procedures referred to in paragraph (3)(B) of section 14107(a) of this title applicable to the furnishing of information described in paragraph (3)(A) of such section to promotion boards in accordance with that section. > > > #### “(3) > > > #####

(A)> > Before information on person described in paragraph (1)(B) is furnished to a special selection review board for purposes of this section, the Secretary of the military department concerned shall ensure that— > > > ###### “(i) > > such information is made available to the person; and > > > ###### “(ii) > > subject to subparagraphs

(C)and (D), the person is afforded a reasonable opportunity to submit comments on such information to the special selection review board before its review of the person and the recommendation for promotion of the person under this section. > > > ##### “(B) > > If information on an officer described in paragraph (1)(B) is not made available to the person as otherwise required by subparagraph (A)(i) due to the classification status of such information, the person shall, to the maximum extent practicable, be furnished a summary of such information appropriate to the person’s authorization for access to classified information. > > > ##### “(C) > > > ######

(i)> > An opportunity to submit comments on information is not required for a person under subparagraph (A)(ii) if— > > > ###### “(I) > > such information was made available to the person in connection with the furnishing of such information under section 14107(a) of this title to the promotion board that recommended the promotion of the person subject to review under this section; and > > > ###### “(II) > > the person submitted comments on such information to that promotion board. > > > ###### “(ii) > > The comments on information of a person described in clause (i)(II) shall be furnished to the special selection review board. > > > ##### “(D) > > A person may waive either or both of the following: > > > ###### “(i) > > The right to submit comments to a special selection review board under subparagraph (A)(ii). > > > ###### “(ii) > > The furnishing of comments to a special selection review board under subparagraph (C)(ii). > > > ### “(d) Consideration > > > ####

(1)> > Each special selection review board convened under this section shall submit to the Secretary of the military department concerned a written report, signed by each member of the board, containing the name of each person whose recommendation for promotion it recommends for sustainment and certifying that the board has carefully considered the record and information of each person whose name was referred to it. > > > #### “(2) > > The provisions of sections 14109(c), 14110, and 14111 of this title apply to the report and proceedings of a special selection review board convened under this section in the same manner as they apply to the report and proceedings of a promotion board convened under section 14101(a) of this title. > > > ### “(f) Appointment of Persons > > > ####

(1)shall, upon that appointment, have the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the reserve active-status list as the person would have had pursuant to the original recommendation for promotion of the promotion board concerned. > > > ### “(g) Regulations > > > ####

(2)Clerical amendment **[**[10 U.S.C. 14501](/us/usc/t10/s14501)**]** The table of sections at the beginning of chapter 1407 of such title is amended by inserting after the item relating to section 14502 the following new item:" “14502a. Special selection review boards.” ". ####

(3)Delay in promotion Section 14311 of such title is amended— #####

(A)in subsection (a)— ######

(i)in paragraph (1), by adding at the end the following new subparagraph: > > ##### “(F) > > The Secretary of the military department concerned determines that credible information of adverse nature, including a substantiated adverse finding or conclusion described in section 14107(a)(3)(A) of this title, with respect to the officer will result in the convening of a special selection review board under section 14502a of this title to review the officer and recommend whether the recommendation for promotion of the officer should be sustained.” > ; and ######

(ii)by adding at the end the following new paragraph: > > #### “(3) > > In the case of an officer whose promotion is delayed pursuant to paragraph (1)(F) and whose recommendation for promotion is sustained, authorities for the promotion of the officer are specified in section 14502a(f) of this title.” > ; and #####

(B)in subsection (c), by adding at the end the following new paragraph: > > #### “(3) > > Notwithstanding paragraphs

(1)and (2), in the case of an officer whose promotion is delayed pursuant to subsection (a)(1)(F), requirements applicable to notice and opportunity for response to such delay are specified in section 14502a(c)(3) of this title.” > . ###

(c)Requirements for Furnishing Adverse Information on Regular Officers to Promotion Selection Boards ####

(1)Extension of requirements to space force regular officers Subparagraph (B)(i) of section 615(a)(3) of title 10, United States Code, is amended by striking “or, in the case of the Navy, lieutenant” and inserting “, in the case of the Navy, lieutenant, or in the case of the Space Force, the equivalent grade”. ####

(2)Satisfaction of requirements through special selection review boards Such section is further amended by adding at the end the following new subparagraph: > > ##### “(D) > > With respect to the consideration of an officer for promotion to a grade at or below major general, in the case of the Navy, rear admiral, or, in the case of the Space Force, the equivalent grade, the requirements in subparagraphs

(A)and

(C)may be met through the convening and actions of a special selection review board with respect to the officer under section 628a of this title.” > . ####

(3)Delayed applicability of requirements to boards for promotion of officers to non-general and flag officer grades **[**[10 U.S.C. 615 note](/us/usc/t10/s615)**]** Subsection

(c)of section 502 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1344) is amended to read as follows: > > ### “(c) Effective Date and Applicability > > > #### “(1) Effective date > > The amendments made by this section shall take effect on December 20, 2019, and shall, except as provided in paragraph (2), apply with respect to the proceedings of promotion selection boards convened under section 611(a) of title 10, United States Code, after that date. > > > #### “(2) Delayed applicability for boards for promotion to non-general and flag officer grades > > The amendments made this section shall apply with respect to the proceedings of promotion selection boards convened under section 611(a) of title 10, United States Code, for consideration of officers for promotion to a grade below the grade of brigadier general or, in the case of the Navy, rear admiral (lower half), only if such boards are so convened after January 1, 2021.” > . ###

(d)Requirements for Furnishing Adverse Information on Reserve Officers to Promotion Selection Boards Section 14107(a)(3) of title 10, United States Code, is amended— ####

(1)by inserting “(A)” after “(3)”; ####

(2)in subparagraph (A), as designated by paragraph (1), by striking “colonel, or, in the case of the Navy, captain” and inserting “lieutenant colonel, or, in the case of the Navy, commander”; and ####

(3)by adding at the end the following new subparagraphs > > ##### “(B) > > The standards and procedures referred to in subparagraph

(A)shall require the furnishing to the selection board, and to each individual member of the board, the information described in that subparagraph with regard to an officer in a grade specified in that subparagraph at each stage or phase of the selection board, concurrent with the screening, rating, assessment, evaluation, discussion, or other consideration by the board or member of the official military personnel file of the officer, or of the officer. > > > ##### “(C) > > With respect to the consideration of an officer for promotion to a grade at or below major general or, in the Navy, rear admiral, the requirements in subparagraphs

(A)and

(B)may be met through the convening and actions of a special selection board with respect to the officer under section 14502a of this title.” > .

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U.S. Code

public-private-law

National Defense Authorization Act for Fiscal Year 2020
Public Law 116-92

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10 USC 625a
133 Stat. 1344

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cites case law

Sec. 505

SPECIAL SELECTION REVIEW BOARDS FOR REVIEW OF PROMOTION OF OFFICERS SUBJECT TO ADVERSE INFORMATION IDENTIFIED AFTER RECOMMENDATION FOR PROMOTION AND RELATED MATTERS

Pub. L.Public Law 116-92

Cite10 USC 625a

Stat.133 Stat. 1344

Cites 7Cited by 0 across 0 sources