I 

112TH CONGRESS 

2D SESSION H. R. 3904 

To modify the commencement date of the active force drawdown period 

used for the reimplementation of the temporary early retirement authority granted to the Secretary of Defense as an additional force management tool with which to effect the drawdown of military forces. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 6, 2012 

Mr. REHBERG introduced the following bill; which was referred to the 

Committee on Armed Services 

A BILL 

To modify the commencement date of the active force drawdown period used for the reimplementation of the temporary early retirement authority granted to the Secretary of Defense as an additional force management 

tool with which to effect the drawdown of military forces. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Keep America’s Prom5 ises Act’’. 


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1 SEC. 2. COMMENCEMENT DATE OF ACTIVE FORCE DRAW2 DOWN PERIOD FOR TEMPORARY EARLY RE3 TIREMENT AUTHORITY. 

4 (a) FINDINGS.—Congress makes the following find5 ings: 

6 (1) The Keep America’s Promises Act is in7 tended, and should be construed in the event of any 

8 ambiguity, to extend the renewed Temporary Early 

9 Retirement Authority provided by the amendments 

10 made by section 504(b) of the National Defense Au11 thorization Act for Fiscal Year 2012 (Public Law 

12 112–81; 125 Stat. 1390) to retroactively cover mem13 bers of the Army, Navy, Air Force, or Marine Corps 

14 who— 

15 (A) were separated on or after March 1, 

16 2011, but before the effective date of the 

17 amendments; and 

18 (B) had at least 15 years in service on the 

19 date that they separated from the Armed 

20 Forces. 

21 (2) Specifically, this Act protects 157 Air Force 

22 Officers (Majors) who were involuntarily separated 

23 as a result of a March 2011 continuation board. 

24 (3) Even if an officer referred to in this sub25 section opted to separated before the mandatory sepVerDate Mar 15 2010 03:18 Feb 07, 2012 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3904.IH H3904

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1 aration date applicable to the officer, the officer 

2 should still be protected by this Act. 

3 (4) The fact that an officer referred to in this 

4 subsection has separated from the Armed Forces be5 fore the date of the enactment of this Act should not 

6 exclude the officer from the benefits available under 

7 the renewed Temporary Early Retirement Authority. 

8 (b) COMMENCEMENT DATE.—Subsection (i)(2) of 

9 section 4403 of the National Defense Authorization Act 

10 for Fiscal Year 1993 (10 U.S.C. 1293 note), as added by 

11 section 504(b) of the National Defense Authorization Act 

12 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

13 1390), is amended by striking ‘‘beginning on the date of 

14 the enactment of the National Defense Authorization Act 

15 for Fiscal Year 2012’’ and inserting ‘‘beginning on March 

16 1, 2011,’’. 

17 (c) CROSS REFERENCE.—Subsection (h) of section 

18 4403 of the National Defense Authorization Act for Fiscal 

19 Year 1993 (10 U.S.C. 1293 note), as amended by section 

20 504(b) of the National Defense Authorization Act for Fis21 cal Year 2012 (Public Law 112–81; 125 Stat. 1390), is 

22 amended in the first sentence— 

23 (1) by striking ‘‘the date of the enactment of 

24 this Act’’ and inserting ‘‘October 23, 1992,’’; and 


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1 (2) by striking ‘‘the date of the enactment of 

2 the National Defense Authorization Act for Fiscal 

3 Year 2012’’ and inserting ‘‘March 1, 2011,’’. 

4 (d) APPLICATION OF AMENDMENTS.—In the case of 

5 a member of the Army, Navy, Air Force, or Marine Corps 

6 whose original separation date was between March 1, 

7 2011, and December 31, 2011, and who would have been 

8 eligible for retirement by reason of the authority provided 

9 in subsection (b) of section 4403 of the National Defense 

10 Authorization Act for Fiscal Year 1993 (10 U.S.C. 1293 

11 note) had the date of the enactment of the National De12 fense Authorization Act for Fiscal Year 2012 been March 

13 1, 2011, instead of December 31, 2011, the Secretary of 

14 the military department concerned, with the agreement of 

15 the member, shall— 

16 (1) retire the member under the authority of 

17 such section or, if an enlisted member of the Navy 

18 or Marine Corps, alternatively transfer the member 

19 to the Fleet Reserve or Fleet Marine Corps Reserve; 

20 and 

21 (2) compute and pay retired or retainer pay for 

22 the member under subsection (e) of such section. 

Æ 


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