Pub. L. 104-106, div. A, tit. V, subtit. A, sec. 508
AUTHORITY FOR TEMPORARY PROMOTIONS FOR CERTAIN NAVY LIEUTENANTS WITH CRITICAL SKILLS.
SEC. 508. AUTHORITY FOR TEMPORARY PROMOTIONS FOR CERTAIN NAVY LIEUTENANTS WITH CRITICAL SKILLS. (a) Extension of Authority.— Subsection (1) of section 5721 of title 10, United States Code, is amended by striking out “September 30, 1995” and inserting in lieu thereof “September 30, 1996”. (b) Limitation.— Such section is further amended— (1) by redesignating subsection (D, as amended by subsection (a), as subsection (g); and 110 STAT. 297 (2) by inserting after subsection (e) the following new subsection (f): “(f) Limitation on Number of Eligible Positions.— (1) An appointment under this section may only be made for service in a position designated by the Secretary of the Navy for purposes of this section. The number of positions so designated may not exceed 325. “(2) Whenever the Secretary makes a change to the positions designated under paragraph (1), the Secretary shall submit notice of the change in writing to Congress.”. (c) Report.— Not later than April 1, 1996, the Secretary of Defense shall submit to Congress a report providing the Secretary’s assessment of that continuing need for the promotion authority under section 5721 of title 10, United States Code. The Secretary shall include in the report the following: (1) The nature and grade structure of the positions for which such authority has been used. (2) The cause or causes of the reported chronic shortages of qualified personnel in the required grade to fill the positions specified under paragraph (1). (3) The reasons for the perceived inadequacy of the officer promotion system (including “below-the-zone” selections) to provide sufficient officers in the required grade to fill those positions. (4) The extent to which a bonus program or some other program would be a more appropriate means of resolving the reported chronic shortages in engineering positions. (d) Clerical Amendments.— Section 5721 of title 10, United States Code, is amended as follows: (1) Subsection (a) is amended by inserting “Promotion Authority for Certain Officer With Critical Skills.—” after “(a)”. (2) Subsection (b) is amended by inserting “Status of Officers Appointed.—” after “(b)”. (3) Subsection (c) is amended by inserting “Board Recommendation Required.—” after “(c)”. (4) Subsection (d) is amended by inserting “Acceptance and Effective Date of Appointment.—” after “(d)”. (5) Subsection (e) is amended by inserting “Termination of Appointment.— (6) Subsection (g), as redesignated by subsection (b)(1), is amended by inserting “Termination of Appointment Authority.—” after “(g)”. (e) Effective Date.— Subsection (f) of section 5721 of title 10, United States Code, as added by subsection (b)(2), shall take effect at the end of the 30-day period beginning on the date of the enactment of this Act and shall apply to any appointment under that section after the end of such period.