PUBLIC LAW 107-107—DEC. 28, 2001 115 STAT. 1091 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,". SEC. 509. EXEMPTION FROM CERTAIN ADMINISTRATIVE LIMITATIONS FOR RETIRED OFFICERS ORDERED TO ACTIVE DUTY AS DEFENSE OR SERVICE ATTACHES. (a) LIMITATION OF PERIOD OF RECALLED SERVICE. —Section 688(e)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: "(D) An officer who is assigned to duty as a defense attache or service attache for the period of active duty to which ordered.". (b) LIMITATION ON NUMBER OF RECALLED OFFICERS ON ACTIVE DUTY.— Section 690(b)(2) of such title is amended by adding at the end the following new subparagraph: "(E) An officer who is assigned to duty as a defense attache or service attache for the period of active duty to which ordered.". (c) APPLICABILITY.— The amendments made by subsections (a) lo use 688 note. and (b) shall apply with respect to officers serving on active duty as a defense attache or service attache on or after the date of the enactment of this Act. SEC. 510. OFFICER IN CHARGE OF UNITED STATES NAVY BAND. (a) DETAIL AND GRADE.—Section 6221 of title 10, United States Code, is amended to read as follows: "§ 6221. United States Navy Band; officer in charge "(a) There is a Navy band known as the United States Navy Band. "(b)(1) An officer of the Navy designated for limited duty under section 5589 or 5596 of this title who is serving in a grade above lieutenant may be detailed by the Secretary of the Navy as Officer in Charge of the United States Navy Band. "(2) While serving as Officer in Charge of the United States Navy Band, an officer shall hold the grade of captain if appointed to that grade by the President, by and with the advice and consent of the Senate. Such an appointment may be made notwithstanding section 5596(d) of this title.". (b) CLERICAL AMENDMENT. — The item relating to such section in the table of sections at the beginning of chapter 565 of such title is amended to read as follows: "6221. United States Navy Band; officer in charge.".
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