Page:United States Statutes at Large Volume 114 Part 3.djvu/157

 PUBLIC LAW 106-398 —APPENDIX 114 STAT. 1654A-115 "§ 1563. Consideration of proposals for posthumous and honorary promotions and appointments: procedures for review and recommendation "(a) REVIEW BY SECRETARY CONCERNED. —Upon request of a Member of Congress, the Secretary concerned shall review a proposal for the posthumous or honorary promotion or appointment of a member or former member of the armed forces, or any other {)erson considered qualified, that is not otherwise authorized by aw. Based upon such review, the Secretary shall make a determination as to the merits of approving the posthumous or honorary promotion or appointment and the other determinations necessary to comply with subsection (b). "(b) NOTICE OF RESULTS OF REVIEW. —Upon making a determination under subsection (a) as to the merits of approving the posthumous or honorary promotion or appointment, the Secretary concerned shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives and to the requesting Member of Congress notice in writing of one of the following: "(1) The posthumous or honorary promotion or appointment does not warrant approval on the merits. "(2) The posthumous or honorary promotion or appointment warrants approval and authorization by law for the promotion , or appointment is recommended. "(3) The posthumous or honorary promotion or appointment warrants approval on the merits and has been recommended to the President as an exception to policy. "(4) The posthumous or honorary promotion or appointment warrants approval on the merits and authorization by law for the promotion or appointment is required but is not recommended. A notice under paragraph (1) or (4) shall be accompanied by a statement of the reasons for the decision of the Secretary. "(c) DEFINITION. —In this section, the term 'Member of Congress' means— "(1) a Senator; or "(2) a Representative in, or a Delegate or Resident Commissioner to. Congress.". (b) CLERICAL AMENDMENT.— The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "1563. Consideration of proposals for posthumous and honorary promotions and appointments: procedures for review and recommendation.". SEC. 543. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN DECORATIONS TO CERTAIN PERSONS. (a) WAIVER.— Any limitation established by law or policy for the time within which a recommendation for the award of a military decoration or award must be submitted shall not apply to awards of decorations described in this section, the award of each such decoration having been determined by the Secretary concerned to be warranted in accordance with section 1130 of title 10, United States Code. (b) SILVER STAR. — Subsection (a) applies to the award of the Silver Star to Louis Rickler, of Rochester, New York, for gallantry in action from August 18 to November 18, 1918, while serving as a member of the Army.

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