,,ii #aaith ,,congress #b;d ,session ,s4 #eedb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bd1 #bjbf,mr4 ,blumenthal 7for himself1 ,mrs4 ,shaheen1 ,ms4 ,hirono1 ,ms4 ,rosen1 and ,mrs4 ,gillibrand7 introduced the following bill2 which was read twice and referred to the ,committee on ,armed ,services ,a ,,bill ,to establish objective standards1 procedural protections1 and independent review for the ,secretary of ,defense's removal of officers from promotion recommendations4 #a4 ,short title ,this ,act may be cited as the ,military ,officer ,promotion ,integrity ,act of #bjbf4 #b4 ,findings ,congress makes the following findings3 7#a7 ,the officer promotion system established under chapter #cf of title #aj1 ,united ,states ,code1 is intended to ensure that officers are advanced based on merit1 demonstrated performance1 professional qualifications1 and the needs of the ,armed ,forces4 7#b7 ,promotion selection boards convened under chapter #cf of title #aj1 ,united ,states ,code1 play a critical role in preserving the professionalism1 merit-based character1 and apolitical nature of the ,armed ,forces4 7#c7 ,officers selected for promotion by a duly constituted promotion selection board should not be removed from promotion consideration except pursuant to objective standards1 established procedures1 and documented findings consistent with law4 7#d7 ,transparency1 objectivity1 and meaningful oversight promote servicemember and public confidence in the military promotion system1 protect the rights of servicemembers1 and strengthen the readiness and effectiveness of the ,armed ,forces4 7#e7 ,congress has a constitutional responsibility to make rules for the government and regulation of the ,armed ,forces1 including establishing statutory standards governing the promotion of commissioned officers4 #c4 ,standards for removal from promotion recommendations ,section #fah of title #aj1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d77#b71 by striking ,in the case and inserting ,subject to subsection 7g71 in the case2 7#b7 by redesignating subsection 7g7 as subsection 7f72 and 7#c7 by inserting after subsection 7f71 as so redesignated1 the following new subsection3 7g7 ,removal from ,promotion ,recommendations 7#a7 ,the ,secretary of ,defense may remove an officer selected for promotion by a promotion selection board under subsection 7d77#b7 only upon a written determination that-- 7,a7 the officer engaged in misconduct2 7,b7 newly discovered1 material adverse information unavailable to the promotion selection board materially affects the qualifications of the officer for promotion2 7,c7 the officer no longer satisfies statutory qualifications for promotion2 or 7,d7 removal is required for reasons of national security or military necessity4 7#b7 ,the written determination shall identify the specific ground for removal under paragraph 7#a71 set forth the factual findings and evidence supporting the determination1 and be supported by substantial evidence4 7#c7 ,a written determination under paragraph 7#a7 may not be based upon an officer's participation in1 implementation of1 or statements made in connection with a lawful ,department of ,defense policy1 directive1 program1 ceremony1 or official activity that was authorized at the time such conduct occurred4 7#d7 ,not later than #ae days after making a final determination under this subsection1 the ,secretary shall provide-- 7,a7 written notice to the affected officer2 and 7,b7 written notification to the congressional defense committees4 7#e7 ,in this subsection1 the term adverse information has the meaning given the term in ,department of ,defense ,instruction 7,do,d,i7 #acbj4d1 or successor regulations4 4 #d4 ,definition of misconduct ,subsection 7g7 of section #fah of title #aj1 ,united ,states ,code1 as added by section #c7b7 of this ,act1 is amended by adding at the end the following new paragraph3 7#f7 ,for purposes of this subsection1 the term 'misconduct' means-- 7,a7 a violation of chapter #dg of this title 7the ,uniform ,code of ,military ,justice72 7,b7 substantiated adverse findings by an ,inspector ,general1 board of inquiry1 or other competent authority2 7,c7 conduct resulting in removal from command or the initiation of administrative separation proceedings2 or 7,d7 conduct that materially demonstrates the officer's inability to perform the duties of the grade for which selected4 4 #e4 ,notice and opportunity to respond ,section #fah of title #aj1 ,united ,states ,code1 as amended by section #c of this ,act1 is further amended by adding at the end the following new subsection3 7h7 ,notice and opportunity ,to respond 7#a7 ,before making a final determination to remove an officer from a promotion recommendation under this section1 the ,secretary of ,defense shall-- 7,a7 provide the officer written notice of the proposed action and the factual basis supporting such action2 7,b7 provide the officer an opportunity to submit written matters for consideration within a reasonable period2 and 7,c7 consider any matters submitted by the officer before issuing a final determination4 7#b7 ,if1 not later than #ae days after receiving notice of a final determination under subsection 7g71 the officer subject to the determination petitions a board for correction of military records under section #aeeb7k7 of this title for review of the determination1 the ,secretary of ,defense shall stay the removal of the officer from the promotion recommendation until the board completes its review4 4 #f4 ,expedited review by ,boards for ,correction of ,military ,records 7a7 ,in general ,section #aeeb of title #aj1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7k7 as subsection 7l72 and 7#b7 by inserting after subsection 7j7 the following new subsection3 7k7 7#a7 ,an officer removed from a promotion recommendation under section #fah of this title may petition the applicable board established under subsection 7a77#a7 for expedited review4 ,the board shall complete review not later than #ahj days after receipt of such petition4 7#b7 ,if the board removes from the officer's promotion record the adverse information upon which the ,secretary's removal decision was based or determines that the ,secretary's removal of the officer violated section #fah of this title1 or regulations prescribed pursuant to such section1 the ,secretary shall vacate the prior determination1 reconsider the officer's promotion recommendation in accordance with such section1 and issue a new written determination4 4 7b7 ,regulations ,the ,secretary concerned shall prescribe procedures to implement this section not later than #ahj days after the date of the enactment of this ,act4