119 STAT. 3228
10 USC 615 note.
PUBLIC LAW 109–163—JAN. 6, 2006
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. SEC. 507. APPLICABILITY OF OFFICER DISTRIBUTION AND STRENGTH LIMITATIONS TO OFFICERS SERVING IN INTELLIGENCE COMMUNITY POSITIONS.
(a) IN GENERAL.—Section 528 of title 10, United States Code, is amended to read as follows: ‘‘§ 528. Exclusion: officers serving in certain intelligence positions ‘‘(a) EXCLUSION OF OFFICER SERVING IN CERTAIN CIA POSITIONS.—When either of the individuals serving in a position specified in subsection (b) is an officer of the armed forces, one of those officers, while serving in that position, shall be excluded from the limitations in sections 525 and 526 of this title. ‘‘(b) COVERED POSITIONS.—The positions referred to in this subsection are the following: ‘‘(1) Director of the Central Intelligence Agency. ‘‘(2) Deputy Director of the Central Intelligence Agency. ‘‘(c) ASSOCIATE DIRECTOR OF CIA FOR MILITARY SUPPORT.— An officer of the armed forces serving in the position of Associate Director of the Central Intelligence Agency for Military Support, while serving in that position, shall be excluded from the limitations in sections 525 and 526 of this title. ‘‘(d) OFFICERS SERVING IN OFFICE OF DNI.—A general or flag officer of the armed forces assigned to a position in the Office of the Director of National Intelligence designated by agreement between the Secretary of Defense and the Director of National Intelligence, while serving in that position, shall be excluded from the limitations in sections 525 and 526 of this title, except that not more than five such officers may be so excluded at any time.’’. (b) CLERICAL AMENDMENT.—The item relating to such section in the table of sections at the beginning of chapter 32 of such title is amended to read as follows: ‘‘528. Exclusion: officers serving in certain intelligence positions.’’.
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