Page:United States Statutes at Large Volume 95.djvu/160

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PUBLIC LAW 97-000—MMMM. DD, 1981

95 STAT. 134

PUBLIC LAW 97-22—JULY 10, 1981 "CONTINGENCY AUTHORITY FOR NAVY PROMOTIONS UNDER PRIOR LAW

10 USC 611 note.

"SEC. 619. If necessary because of unforeseen circumstances, the Secretary of the Navy, during fiscal year 1982, may convene boards to select officers for promotion under chapters 545 and 549 of title 10, 10 USC 5751 et United States Code, as in effect on September 14, 1981, and officers so seq., 5891 et seq. ggjectod may be promoted in accordance with such chapters. An officer promoted to a higher grade under the authority of this section 94 Stat. 2945, shall be subject to sections 613 and 629 as if he held that grade on f ^ ^ oi C 1 * September 14, 1981, and shall have a date of rank to be determined nTT r 1 lu ubc 611 note. ^^^^^ section 741 of title 10, United States Code, as amended by this 94 Stat. 2869.

^^t.

"RETENTION ON ACTIVE DUTY OF CERTAIN RESERVE LIEUTENANT COMMANDERS

10 USC 611 note.

"SEC. 620. Notwithstanding section 6389 of title 10, United States Code, an officer who on September 14, 1981— "(1) holds the grade of lieutenant commander in the Naval Reserve; "(2) is on active duty as the result of recall orders accepted subsequent to a break in active commissioned service; "(3) is subject to placement on the active-duty list; and "(4) is considered— "(A) to have failed of selection for promotion to the grade of commander one or more times under chapter 545 of title 10, United States Code, as in effect on September 14, 1981; or "(B) to have been later considered to have failed of selection for promotion to the grade of commander one or more 94 Stat. 2850. times Under chapter 36 of title 10, United States Code, as added by this Act, may be retained on active duty by the Secretary of the Navy for such period as the Secretary considers appropriate.". 10 USC 611 note. (j) Section 621(b) of such Act (94 Stat. 2950) is amended to read as follows: "(b) Under regulations prescribed by the Secretary of Defense, which shall apply uniformly among the Army, Navy, Air Force, and Marine Corps, the Secretary of the military department concerned, in order to maintain the relative seniority among officers of the Army, Navy, Air Force, and Marine Corps as it existed on September 14, 1981, may adjust the date of rank of officers— "(1) below the grade of brigadier general or commodore admiral during the one-year period beginning on September 15, 1981; and "(2) above the grade of colonel or, in the case of the Navy, captain until there are no longer any officers to whom section 614(d) is applicable.". 10 USC 611 note. (k) Section 624(b) of such Act (94 Stat. 2951) is amended— (1) by inserting "subject to placement on the active-duty list on September 15, 1981, after "In the case of an officer"; and (2) by striking out "Defense" and inserting in lieu thereof "the military department concerned". 10 USC 611 note. (1) Section 626(b) of such Act (94 Stat. 2952) is amended by striking out "any provision of chapter 36" and inserting in lieu thereof "section 1251". 10 USC 611 note. (m) Section 629 of such Act (94 Stat. 2953) is amended by adding at the end thereof the following new sentence: "The Secretary of the military department concerned may waive the requirements of this