AUTHORITY FOR PROMOTION WITHOUT SELECTION BOARD CONSIDERATION FOR ALL FULLY QUALIFIED OFFICERS IN GRADE OF FIRST LIEUTENANT OR LIEUTENANT (JUNIOR GRADE) IN THE NAVY.

SEC. 505. AUTHORITY FOR PROMOTION WITHOUT SELECTION BOARD CONSIDERATION FOR ALL FULLY QUALIFIED OFFICERS IN GRADE OF FIRST LIEUTENANT OR LIEUTENANT (JUNIOR GRADE) IN THE NAVY. (a) Active-Duty List Promotions.—(1) Section 624(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(3)(A) Except as provided in subsection (d), officers on the active-duty list in the grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) who are on an approved all-fully-qualified-officers list shall be promoted to the next higher grade in accordance with regulations prescribed by the Secretary concerned. “(B) An all-fully-qualified-officers list shall be considered to be approved for purposes of subparagraph (A) when the list is approved by the President. When so approved, such a list shall be treated in the same manner as a promotion list under this chapter. “(C) The Secretary of a military department may make a recommendation to the President for approval of an all-fully-qualified-officers list only when the Secretary determines that all officers on the list are needed in the next higher grade to accomplish mission objectives. 115 STAT. 1086 “(D) For purposes of this paragraph, an all-fully-qualified-officers list is a list of all officers on the active-duty list in a grade who the Secretary of the military department concerned determines— “(i) are fully qualified for promotion to the next higher grade; and “(ii) would be eligible for consideration for promotion to the next higher grade by a selection board convened under section 611(a) of this title upon the convening of such a board.”. (2) Section 631 of such title is amended by adding at the end the following new subsection: “(d) For the purposes of this chapter, an officer of the Army, Air Force, or Marine Corps who holds the grade of first lieutenant, and an officer of the Navy who holds the grade of lieutenant (junior grade), shall be treated as having failed of selection for promotion if the Secretary of the military department concerned determines that the officer would be eligible for consideration for promotion to the next higher grade by a selection board convened under section 611(a) of this title if such a board were convened but is not fully qualified for promotion when recommending for promotion under section 624(a)(3) of this title all fully qualified officers of the officers armed force in such grade who would be eligible for such consideration”. (3) Section 611 of such title is amended— (A) in subsection (a)— (i) by striking “Under” and all that follows through “require,” and inserting “Whenever the needs of the service require, the Secretary of the military department concerned”; and (ii) by adding at the end the following new sentence: “The preceding sentence does not require the convening of a selection board in the case of officers in the permanent grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) when the Secretary concerned recommends for promotion to the next higher grade under section 624(a)(3) of this title all such officers whom the Secretary finds to be fully qualified for promotion.”; (B) in subsection (b), by striking “Under” and all that follows through “require,” and inserting “Whenever the needs of the service require, the Secretary of the military department concerned”; and (C) by adding at the end the following new subsection: “(c) The convening of selection boards under subsections (a) and (b) shall be under regulations prescribed by the Secretary of Defense.”. (b) Reserve Active-Status List Promotions.—(1) Section 14308(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(4)(A) Officers in the permanent grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) who are on an approved all-fully-qualified-officers list shall be promoted to the next higher grade in accordance with regulations prescribed by the Secretary concerned. Such promotions shall be in the manner specified in section 12203 of this title. “(B) An all-fully-qualified-officers list shall be considered to be approved for purposes of subparagraph (A) when the list is approved by the President. When so approved, such a list shall 115 STAT. 1087be treated in the same manner as a promotion list under this chapter and chapter 1403 of this title. “(C) The Secretary of a military department may make a recommendation to the President for approval of an all-fully-qualified-officers list only when the Secretary determines that all officers on the list are needed in the next higher grade to accomplish mission objectives. “(D) For purposes of this paragraph, an all-fully-qualified-officers list is a list of all officers on the reserve active-status list in a grade who the Secretary of the military department concerned determines— “(i) are fully qualified for promotion to the next higher grade; and “(ii) would be eligible for consideration for promotion to the next higher grade by a selection board convened under section 14101(a) of this title upon the convening of such a board.”. (2) Section 14504 of such title is amended by adding at the end the following new subsection: “(c) Officers in Grade of First Lieutenant or Lieutenant (Junior Grade) Found Not Fully Qualified for Promotion.—For the purposes of this chapter, an officer of the Army, Air Force, or Marine Corps on a reserve active-status list who holds the grade of first lieutenant, and an officer of the Navy on a reserve active-status list who holds the grade of lieutenant (junior grade), shall be treated as having failed of selection for promotion if the Secretary of the military department concerned determines that the officer would be eligible for consideration for promotion to the next higher grade by a selection board convened under section 14101(a) of this title if such a board were convened but is not fully qualified for promotion when recommending for promotion under section 14308(b)(4) of this title all fully qualified officers of the officer’s armed force in such grade who would be eligible for such consideration.”. (3) Section 14101(a) of such title is amended by adding at the end the following new paragraph: “(3) Paragraph (1) does not require the convening of a selection board in the case of officers in the permanent grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) when the Secretary concerned recommends for promotion to the next higher grade under section 14308(b)(4) of this title all such officers whom the Secretary finds to be fully qualified for promotion.”. (c) Conforming Amendments.—Title 10, United States Code, is amended as follows: (1)(A) Section 619(d) is amended by adding at the end the following new paragraph: “(4) An officer in the grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) who is on an approved all-fully-qualified-officers list under section 624(a)(3) of this title.”. (B) Section 14301(c) is amended by adding at the end the following new paragraph: “(5) An officer in the grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) who is on an approved all-fully-qualified-officers list under section 14308(b)(4) of this title.”. (2)(A) Section 624(d) is amended— 115 STAT. 1088 (i) in the second sentence of paragraph (1), by inserting after “on the promotion list” the following: “(including an approved all-fully-qualified-officers list, if applicable)”; and (ii) in the second sentence of paragraph (2), by inserting after “to such grade, the officer” the following: “shall be retained on the promotion list (including an approved all-fully-qualified-officers list, if applicable) and”. (B) Section 14311 is amended— (i) in subsection (a)(2), by inserting after “on the promotion list” the following: “(including an approved all-fully-qualified-officers list, if applicable)”; and (ii) in subsection (b), by inserting in the second sentence after “on the promotion list” the following: “(including an approved all-fully-qualified-officers list, if applicable)”. (3)(A) Section 628(a)(1) is amended by inserting after “not so considered,” the following: “or the name of a person that should have been placed on an all-fully-qualified-officers list under section 624(a)(3) of this title was not so placed,”. (B) Section 14502(a)(1) is amended by inserting after “because of administrative error,” the following: “or whose name was not placed on an all-fully-qualified-officers list under section 14308(b)(4) of this title because of administrative error,”. (4) Section 1211(e) is amended by inserting after “a promotion list,” the following: “an approved all-fully-qualified-officers list,”. (d) Technical Amendments To Strike Certain DOPMA References to Regular Officers.—Chapter 36 of such title is amended as follows: (1) Section 624(c) is amended— (A) by inserting “, in the case of officers of the Army, Air Force, or Marine Corps,” after “captain”; and (B) by inserting “, in the case of officers of the Navy,” after “or lieutenant” the second place it appears. (2) Section 630 is amended by striking “regular” both places it appears. (3) Sections 631(a) and 632(a) are each amended— (A) by striking “Regular Army, Regular Air Force, or Regular Marine Corps” and inserting “Army, Air Force, or Marine Corps on the active-duty list”; (B) by striking “Regular Navy” and inserting “Navy on the active-duty list”; and (C) by striking “regular” each place it appears. (4)(A) The heading of section 630 and the item relating to that section in the table of sections at the beginning of subchapter III are each amended by striking the third word. (B) The heading of section 631 and the item relating to that section in the table of sections at the beginning of subchapter III are each amended by striking the eighth word. (C) The heading of section 632 and the item relating to that section in the table of sections at the beginning of subchapter III are each amended by striking the eighth and twenty-first words.