Page:United States Statutes at Large Volume 115 Part 2.djvu/106

 115 STAT. 1090 PUBLIC LAW 107-107—DEC. 28, 2001 (2) Paragraph (3) of such section, as redesignated by paragraph (1)(A), is amended by inserting "provided in paragraph (2) or as otherwise" after "Except as". 10 USC 741 note. (c) EFFECTIVE DATE.— (1) Paragraph (4) of section 741(d) of title 10, United States Code, as added by subsection (a), and paragraph (2) of section 14308(c) of such title, as added by subsection (b), shall apply with respect to any report of a selection board recommending officers for promotion to the next higher grade that is submitted to the Secretary of the military department concerned on or after the date of the enactment of this Act. (2) The Secretary of the military department concerned may apply the applicable paragraph referred to in paragraph (1) in the case of an appointment of an officer to a higher grade resulting from a report of a selection board submitted to the Secretary before the date of the enactment of this Act if the Secretary determines that such appointment would have been made on an earlier date that is on or after October 1, 2001, and was delayed under the circumstances specified in paragraph (4) of section 741(d) of title 10, United States Code, as added by subsection (a). SEC. 507. AUTHORITY FOR LIMITED EXTENSION OF MEDICAL DEFER- MENT OF MANDATORY RETIREMENT OR SEPARATION. The text of section 640 of title 10, United States Code, is amended to read as follows: "(a) If the Secretary of the military department concerned determines that the evaluation of the physical condition of an officer and determination of the officer's entitlement to retirement or separation for physical disability require hospitalization or medical observation and that such hospitalization or medical observation cannot be completed with confidence in a manner consistent with the member's well being before the date on which the officer would otherwise be required to retire or be separated under this title, the Secretary may defer the retirement or separation of the officer under this title. "(b) A deferral of retirement or separation under subsection (a) may not extend for more than 30 days after completion of the evaluation requiring hospitalization or medical observation.". SEC. 508. AUTHORITY FOR LIMITED EXTENSION ON ACTIVE DUTY OF MEMBERS SUBJECT TO MANDATORY RETIREMENT OR SEPARATION. (a) SECTION 12305 STOP-LOSS AUTHORITY.— Section 12305 of title 10, United States Code, is amended by adding at the end the following new subsection: "(c) Upon the termination of a suspension made under the authority of subsection (a) of a provision of law otherwise requiring the separation or retirement of officers on active duty because of age, length of service or length of service in grade, or failure of selection for promotion, the Secretary concerned shall extend by up to 90 days the otherwise required separation or retirement date of any officer covered by the suspended provision whose separation or retirement date, but for the suspension, would have been before the date of the termination of the suspension or within 90 days after the date of such termination.". (b) SECTION 123 STOP-LOSS AUTHORITY. —Section 123 of such title is amended by adding at the end the following new subsection: "(d) Upon the termination of a suspension made under the authority of subsection (a) of a provision of law otherwise requiring

�