[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1380 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1380

To amend title 10, United States Code, to authorize officers to opt out 
            of promotion board consideration for promotion.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 20, 2017

  Mr. Rounds introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to authorize officers to opt out 
            of promotion board consideration for promotion.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Promotion Board Opt-Out Opportunity 
Act of 2017''.

SEC. 2. AUTHORITY FOR OFFICERS TO OPT-OUT OF PROMOTION BOARD 
              CONSIDERATION.

    (a) Active-Duty List Officers.--Section 619 of title 10, United 
States Code, is amended--
            (1) in subsection (d), by adding at the end the following 
        new paragraph:
            ``(6) An officer excluded under subsection (e).''; and
            (2) by adding at the end the following new subsection:
    ``(e) Authority To Permit Officers To Opt Out of Selection Board 
Consideration.--The Secretary of Defense may authorize the Secretary of 
a military department to provide that an officer under the jurisdiction 
of that Secretary may, upon the officer's request and with the approval 
of the Secretary concerned, be excluded from consideration by a 
selection board convened under section 611(a) of this title to consider 
officers for promotion to the next higher grade. The Secretary 
concerned may only approve such a request if--
            ``(1) the basis for the request is to allow an officer to 
        complete a broadening assignment, advanced education, another 
        assignment of significant value to the Department of Defense, 
        or a career progression requirement delayed by the assignment 
        of education;
            ``(2) the Secretary concerned determines the exclusion from 
        consideration is in the best interest of the military 
        department concerned; and
            ``(3) the officer has not previously failed of selection 
        for promotion to the grade for which the officer requests the 
        exclusion from consideration.''.
    (b) Reserve Active-Status List Officers.--Section 14301 of such 
title is amended--
            (1) in subsection (c)--
                    (A) in the subsection heading, by striking 
                ``Previously Selected Officers Not Eligible'' and 
                inserting ``Certain Officers Not''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(6) An officer excluded under subsection (j).''; and
            (2) by adding at the end the following new subsection:
    ``(j) Authority To Permit Officers To Opt Out of Selection Board 
Consideration.--The Secretary of Defense may authorize the Secretary of 
a military department to provide that an officer under the jurisdiction 
of that Secretary may, upon the officer's request and with the approval 
of the Secretary concerned, be excluded from consideration by a 
selection board convened under section 14101(a) of this title to 
consider officers for promotion to the next higher grade. The Secretary 
concerned may only approve such a request if--
            ``(1) the basis for the request is to allow an officer to 
        complete a broadening assignment, advanced education, another 
        assignment of significant value to the Department of Defense, 
        or a career progression requirement delayed by the assignment 
        or education;
            ``(2) the Secretary concerned determines the exclusion from 
        consideration is in the best interest of the military 
        department concerned; and
            ``(3) the officer has not previously failed of selection 
        for promotion to the grade for which the officer requests the 
        exclusion from consideration.''.
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