Page:United States Statutes at Large Volume 124.djvu/2978

 124 STAT. 2952 PUBLIC LAW 111–281—OCT. 15, 2010 ‘‘(2) An officer who is appointed to a position designated under subsection (a) shall continue to hold the grade of vice admiral— ‘‘(A) while under orders transferring the officer to another position designated under subsection (a), beginning on the date the officer is detached from that duty and terminating on the date before the day the officer assumes the subsequent duty, but not for more than 60 days; ‘‘(B) while hospitalized, beginning on the day of the hos- pitalization and ending on the day the officer is discharged from the hospital, but not for more than 180 days; and ‘‘(C) while awaiting retirement, beginning on the date the officer is detached from duty and ending on the day before the officer’s retirement, but not for more than 60 days. ‘‘(c)(1) An appointment of an officer under subsection (a) does not vacate the permanent grade held by the officer. ‘‘(2) An officer serving in a grade above rear admiral who holds the permanent grade of rear admiral (lower half) shall be considered for promotion to the permanent grade of rear admiral as if the officer was serving in the officer’s permanent grade. ‘‘(d) Whenever a vacancy occurs in a position designated under subsection (a), the Commandant shall inform the President of the qualifications needed by an officer serving in that position or office to carry out effectively the duties and responsibilities of that posi- tion or office.’’. (b) REPEAL.—Section 50a of such title is repealed. (c) CONFORMING AMENDMENTS.—Section 51 of such title is amended— (1) by striking subsections (a), (b), and (c) and inserting the following: ‘‘(a) An officer, other than the Commandant, who, while serving in the grade of vice admiral, is retired for physical disability shall be placed on the retired list with the highest grade in which that officer served. ‘‘(b) An officer, other than the Commandant, who is retired while serving in the grade of vice admiral, or who, after serving at least 21⁄2 years in the grade of vice admiral, is retired while serving in a lower grade, may in the discretion of the President, be retired with the highest grade in which that officer served. ‘‘(c) An officer, other than the Commandant, who, after serving less than 21⁄2 years in the grade of vice admiral, is retired while serving in a lower grade, shall be retired in his permanent grade.’’; and (2) by striking ‘‘Area Commander, or Chief of Staff’’ in subsection (d)(2) and inserting ‘‘or Vice Admiral’’. (d) CONTINUITY OF GRADE.—Section 52 of title 14, United States Code, is amended by inserting ‘‘or admiral’’ after ‘‘vice admiral’’ the first place it appears. (e) CONTINUATION ON ACTIVE DUTY.—The second sentence of section 290(a) of title 14, United States Code, is amended to read as follows: ‘‘Officers, other than the Commandant, serving for the time being or who have served in the grade of vice admiral are not subject to consideration for continuation under this subsection, and as to all other provisions of this section shall be considered as having been continued at the grade of rear admiral.’’. (f) CLERICAL AMENDMENTS.— (1) The section caption for section 47 of such title is amended to read as follows: 14 USC 51. 14 USC 50a.