Page:United States Statutes at Large Volume 115 Part 2.djvu/103

 PUBLIC LAW 107-107—DEC. 28, 2001 115 STAT. 1087 be treated in the same manner as a promotion list under this chapter and chapter 1403 of this title. "(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. "(D) For purposes of this paragraph, an all-fully-qualified-officers list is a list of all officers on the reserve active-status 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 14101(a) of this title upon the convening of such a board.". (2) Section 14504 of such title is amended by adding at the end the following new subsection: "(c) OFFICERS IN GRADE OF FIRST LIEUTENANT OR LIEUTENANT (JUNIOR GRADE) FOUND NOT FULLY QUALIFIED FOR PROMOTION.— For the purposes of this chapter, an officer of the Army, Air Force, or Marine Corps on a reserve active-status list who holds the grade of first lieutenant, and an officer of the Navy on a reserve active-status list 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 14101(a) of this title if such a board were convened but is not fully qualified for promotion when recommending for promotion under section 14308(b)(4) 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 14101(a) of such title is amended by adding at the end the following new paragraph: "(3) Paragraph (1) 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 (junior grade) when the Secretary concerned recommends for promotion to the next higher grade under section 14308(b)(4) of this title all such officers whom the Secretary finds to be fully qualified for promotion.". (c) CONFORMING AMENDMENTS. —Title 10, United States Code, is amended as follows: (1)(A) Section 619(d) is amended by adding at the end the following new paragraph: "(4) An officer in the grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) who is on an approved all-fully-qualified-officers list under section 624(a)(3) of this title.". (B) Section 14301(c) is amended by adding at the end the following new paragraph: "(5) An officer in the grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) who is on an approved all-fully-qualified-officers list under section 14308(b)(4) of this title. ". (2)(A) Section 624(d) is amended—

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