A bill to amend the Act of August 29, 1974 (88 Stat. 795; 10 U.S.C. 8202 note), relating to the authorized numbers for the grades of lieutenant colonel and colonel in the Air Force and to authorize the President to suspend certain provisions of law when he determines that the needs of the Armed Forces so require, and for other purposes.
PL 95-377 (S.3454), enacted 09/19/1978

PUBLIC LAW 95-377—SEPT. 19, 1978 
92 STAT. 719 
Public Law 95-377 
95th Congress 
An Act 
10 use 5707 
note. 
To amend the Act of August 29,1974 (88 Stat. 795; 10 U.S.C. 8202 note), relating 
Sept. 19, 1978 
to the authorized numbers for the grades of lieutenant colonel and colonel in 
[S. 3454] 
the Air Force and to authorize the President to suspend certain provisions of 
law when he determines that the needs of the Armed Forces so require, and for 
other purposes. 
Be it enacted hy the Seriate and House of Representatives of the 
United States of America in Congress assembled, That the Act of Armed Forces. 
August 29, 1974 (88 Stat. 795; 10 U.S.C. 8202 note), is amended by Air Force grade 
striking out "through September 30,1978" and inserting in lieu thereof extension; certain 
"through September 30, 1979". 
provisions of law. 
SEC. 2. (a) For the period beginning on September 15, 1978, and ^^^P^^^^o"-
ending on September 30, 1979, the President is authorized to suspend 
application of the following provisions of title 10, United States Code: 
(1) Section 5707(c). 
(2) Section 5751 (a), (b), and (e). 
(3) Section 5770. 
(b) No suspension invoked by the President under authority of 
subsection (a) shall be effective after September 30, 1979. 
SEC. 3. Effective only for the period beginning September 15,1978, 
and ending September 30, 1979— 
(1) Section 1201(3) of title 10, United States Code, is amended 
as follows: 
(A) striking out the word "or" at the end of subclause 
(B) striking out the period at the end of subclause (B) (iii) 
and inserting in lieu thereof a semicolon and the word "or"; 
and 
(C) adding at the end of subclause (B) a new item as 
follows: 
" (iv) the disability was incurred in line of duty during 
the period beginning on September 15, 1978, and ending 
on September 30,1979, except that the condition provided 
for in this item shall not be effective during such period 
unless the President determines that such condition 
should be effective during such period and issues an 
Executive order to that effect.". 
(2) Section 1203(4) (A) of such title is amended by— 
Separation. 
(A) striking out the word "or" at the end of item (i); 
(B) striking out the semicolon at the end of item (ii) and 
inserting in lieu thereof a comma and the following: "or (iii) 
«' 
incurred in line of duty during the period beginning on 
September 15,1978, and ending on September 30,1979, except 
that the condition provided for in this item shall not be 
effective during such period unless the President determines 
that such condition should be effective during such period 
and issues an Executive order to that effect;". 
92 STAT. 720 
PUBLIC LAW 95-377—SEPT. 19, 1978 
(3) Section 1203(4) (C) of such title is amended by striking 
out "the proximate result of performing active duty nor incurred 
in line of duty in time of war or national emergency" and inserting 
in lieu thereof "(i) the proximate result of performing active 
duty, (ii) incurred in line of duty in time of war or national 
8 
emergency, nor (iii) incurred in line of duty during the period 
~ ;.; ... 
beginning on September 15, 1978, and ending on September 30, 
1979, except that the condition provided for in this item shall 
not be effective during such period unless the President determines 
that such condition should be effective during such period and 
issues an Executive order to that effective". 
SEC. 4. (a) Chapter 545 of title 10, United States Code, is amended 
by inserting after section 5787c a new section as follows: 
10 use 5787d. 
"§ 5787d. Navy lieutenants: temporary promotion 
"(a) Line officers not restricted in the performance of duty in the 
grade of lieutenant, possessing skills in a critical shortage and serving 
in lieutenant commander billets requiring such skills, may be tempo-
rarily promoted to lieutenant commander under such regulations as 
the Secretary of the Navy may prescribe. Temporary appointment 
under this section shall be made by the President alone. 
"(b) Temporary appointments under this section do not change the 
permanent, probationary, or acting status of members so appointed, 
prejudice them in regard to other promotions or appointments, or 
abridge their rights or benefits. 
"(c) Temporary promotions under this section may be made only 
upon the recommendation of a board of officers convened for that 
purpose. In addition to recommending officers for promotion, a board 
so convened shall make the report required by section 6384 of this title. 
"(d) 
Each temporary appointment under this section, unless 
expressly declined, is, without 
formal 
acceptance, regarded 
as 
accepted on the date made, and the member so appointed is entitled 
to the pay and allowances of the grade to which promoted from that 
date. 
"(e) Temporary appointments under this section will terminate 
upon an officer's detachment from a qualifying billet so designated by 
the Secretary of the Navy. When an officer, whose name is on a promo-
tion list as a result of selection to lieutenant commander other than 
under this section, is detached, an appointment will be issued to include 
the interim period between the subject officer's detachment from the 
qualifying billet and the date of promotion as a result of selection 
board action. 
.iwiji •*.. 
"(f) When his temporary appointment under this section is termi-
nated or expires, each member of the naval service on active duty shall 
have the grade he would hold if he had not received any such 
appointment. 
"(g) No appointments may be made under this section after Septem-
ber 30,1979.". 
PUBLIC LAW 95-377—SEPT. 19, 1978 
92 STAT. 721 
(b) The table of sections at the beginning of chapter 545 of such 
title is amended by inserting 
"5787d. Navy lieutenants: temporary promotion." 
below 
"5787c. Navy and Marine Corps, warrant officers : temporary promotion.". 
SEC. 5. Section 5504(d) of title 10, United States Code, is amended 
by inserting "or 5787d" after "5787". 
SEC. 6. (a) Section 5786(c) of title 10, United States Code, is 
amended by inserting "or 5787d" after "5787". 
(b) Section 5791(a) of such title is amended by inserting "and 
5787d" after "5787". 
SEC. 7. Section 6325(b) of title 10, United States Code, is amended 
by inserting "or 5787d" after "5787". 
SEC. 8. (a) Section 6384(a) of title 10, United States Code, is 
amended by inserting "and each board of officers convened under 
section 5787d" after "under chapter 543". 
(b) Section 6385 of such title is amended by striking out "or 5787" 
and inserting in lieu thereof "5787, or 5787d". 
(c) The catchline of such section is amended by striking out "and 
5787" and inserting in lieu thereof "5787, or 5787d". 
(d) The table of sections at the beginning of chapter 573 of such title 
is amended by striking out "and 5787" in the item relating to section 6385 
and inserting in lieu thereof "5787, or 5787d". 
SEC. 9. Section 905(h) of title 37, United States Code, is amended 
by inserting "or 5787d" after "5787". 
SEC. 10. (a) Section 5703(a)(1) of title 10, United States Code, 
is amended to read as follows: 
"(1) A board to recommend brigadier generals for promotion to 
the grade of major general, consisting of nine officers serving in the 
grade of major general or above.". 
(b) The amendment made by subsection (a) shall be effective only 
for the period beginning on September 15,1978, and ending on Septem-
ber 30, 1979. 
SEC. 11. (a) Section 5787c of title 10, United States Code, is 
amended to read as follows: 
"§ 5787c. Navy and Marine Corps; warrant officers and officers 10 USC 5787c. 
designated for limited duty: temporary promotion 
"(a) Warrant officers may be temporarily promoted to higher war-
rant officer grades under such regulations as the Secretary of tlie Navy 
may prescribe. 
"(b)(1) Officers designated for limited duty may be temporarily 
promoted to a higher grade under such regulations as the Secretary 
may prescribe. 
" (2) No promotion may be made under this subsection after Septem-
ber 30,1979.". 
10 USC 5703 
note. 
92 STAT. 722 
PUBLIC LAW 95-377—SEPT. 19, 1978 
(b) The table of sections at the beginning of chapter 545 of such 
title is amended by striking out the item relating to section 5787c and 
inserting in lieu thereof 
"5787c, Navy and Marine Corps; warrant oflScers and oflBicers designated for 
limited duty : temporary promotion.". 
Approved September 19, 1978. 
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LEGISLATIVE HISTORY: 
SENATE REPORT No. 95-1144 (Coram, on Armed Services). 
CONGRESSIONAL RECORD, VoL 124 (1978): 
Sept. 7, considered and passed Senate. 
Sept. 12, considered and passed House.