Page:United States Statutes at Large Volume 115 Part 2.djvu/101

 PUBLIC LAW 107-107—DEC. 28, 2001 115 STAT. 1085 to any proceeding pending on or after the date of the enactment of this Act without regard to whether a challenge to an action of a selection board of any of the Armed Forces being considered in the proceeding was initiated before, on, or after that date. (2) The amendments made by this section shall not apply with respect to any action commenced in a court of the United States before the date of the enactment of this Act. SEC. 504. TEMPORARY REDUCTION OF TIME-IN-GRADE REQUIREMENT FOR ELIGIBILITY FOR PROMOTION FOR CERTAIN ACTIVE- DUTY LIST OFFICERS IN GRADES OF FIRST LIEUTENANT AND LIEUTENANT (JUNIOR GRADE). (a) AUTHORITY.— Subsection (a)(1)(B) of section 619 of title 10, United States Code, is amended by inserting before the period at the end the following: ", except that the minimum period of service in effect under this subparagraph before October 1, 2005, shall be eighteen months". (b) STYLISTIC AMENDMENTS. — Such section is further amended as follows: (1) Subsection (a) is amended by striking "(a)(1)" and inserting "(a) TIME-IN-GRADE REQUIREMENTS.— (1)". (2) Subsection (b) is amended by striking "(b)(1)" and inserting "(b) CONTINUED ELIGIBILITY FOR CONSIDERATION FOR PROMOTION OF OFFICERS WHO HAVE PREVIOUSLY FAILED OF SELECTION.—(1)". (3) Subsection (c) is amended by striking "(c)(1)" and inserting "(c) OFFICERS TO BE CONSIDERED BY PROMOTION BOARDS.—(1)". (4) Subsection (d) is amended by inserting "CERTAIN OFFI- CERS NOT TO BE CONSIDERED.— " after "(d)". (c) TECHNICAL AMENDMENT.— Subsection (a)(4) of such section is amended by striking "clause (A)" and inserting "subparagraph (A)". SEC. 505. AUTHORITY FOR PROMOTION WITHOUT SELECTION BOARD CONSIDERATION FOR ALL FULLY QUALIFIED OFFICERS IN GRADE OF FIRST LIEUTENANT OR LIEUTENANT (JUNIOR GRADE) IN THE NAVY. (a) AcTiVE-DuTY LIST PROMOTIONS. — (1) Section 624(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: "(3)(A) Except as provided in subsection (d), officers on the active-duty list in the grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) who are on an approved all-fully-qualified-officers list shall be promoted to the next higher grade in accordance with regulations prescribed by the Secretary concerned. "(B) An all-fully-qualified-officers list shall be considered to President, be approved for purposes of subparagraph (A) when the list is approved by the President. When so approved, such a list shall be treated in the same manner as a promotion list under this chapter. "(C) The Secretary of a military department may make a recommendation to the President for approval of an all-fully-qualifiedofficers list only when the Secretary determines that all officers on the list are needed in the next higher grade to accomplish mission objectives.

�