Page:United States Statutes at Large Volume 115 Part 2.djvu/102

 115 STAT. 1086 PUBLIC LAW 107-107—DEC. 28, 2001 Regulations. President. "(D) For purposes of this paragraph, an all-fully-qualified-officers Ust is a list of all officers on the active-duty list in a grade who the Secretary of the military department concerned determines— "(i) are fully qualified for promotion to the next higher grade; and "(ii) would be eligible for consideration for promotion to the next higher grade by a selection board convened under section 611(a) of this title upon the convening of such a board.". (2) Section 631 of such title is amended by adding at the end the following new subsection: "(d) For the purposes of this chapter, an officer of the Army, Air Force, or Marine Corps who holds the grade of first lieutenant, and an officer of the Navy who holds the grade of lieutenant (junior grade), shall be treated as having failed of selection for promotion if the Secretary of the military department concerned determines that the officer would be eligible for consideration for promotion to the next higher grade by a selection board convened under section 611(a) of this title if such a board were convened but is not fully qualified for promotion when recommending for promotion under section 624(a)(3) of this title all fully qualified officers of the officer's armed force in such grade who would be eligible for such consideration.". (3) Section 611 of such title is amended— (A) in subsection (a)— (i) by striking "Under" and all that follows through "require," and inserting "Whenever the needs of the service require, the Secretary of the military department concerned"; and (ii) by adding at the end the following new sentence: "The preceding sentence does not require the convening of a selection board in the case of officers in the permanent grade of first lieutenant or, in the case of the Navy, lieutenant (juiiior grade) when the Secretary concerned recommends for promotion to the next higher grade under section 624(a)(3) of this title all such officers whom the Secretary finds to be fully qualified for promotion."; (B) in subsection (b), by striking "tJnder" and all that follows through "require," and inserting "Whenever the needs of the service require, the Secretary of the military department concerned"; and (C) by adding at the end the following new subsection: "(c) The convening of selection boards under subsections (a) and (b) shall be under regulations prescribed by the Secretary of Defense.". (b) RESERVE ACTIVE-STATUS LIST PROMOTIONS.— (1) Section 14308(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: "(4)(A) Officers in the permanent 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. Such promotions shall be in the manner specified in section 12203 of this title. "(B) An all-fully-qualified-officers list shall be considered to be approved for purposes of subparagraph (A) when the list is approved by the President. When so approved, such a list shall

�