244
(3) Section 712(c)(1) is amended by striking
out ‘‘section 270 of title 10’’ and inserting in lieu
thereof ‘‘section 10147 of title 10’’.
(4) Section 713 is amended by striking out
‘‘section 511(d) of title 10’’ and inserting in lieu
thereof ‘‘section 12103(d) of title 10’’.
(5) Sections 740(c) and 741(b) are amended by
striking out ‘‘section 1006 of title 10’’ and inserting
in lieu thereof ‘‘section 12646 of title 10’’.
(c) INTERNAL REVENUE CODE OF 1986.—Section
219(g)(6)(A) of the Internal Revenue Code of 1986 is
amended by striking out ‘‘section 261(a) of title 10’’ and
inserting in lieu thereof ‘‘section 10101 of title 10’’.
(d) TITLE 38, UNITED STATES CODE.—Title 38,
United States Code, is amended as follows:
(1) Sections 1965(5)(B), 1965(5)(C), and
1968(a)(4)(B) are amended by striking out ‘‘chapter
67 of title 10’’ and inserting in lieu thereof ‘‘chapter
1223 of title 10 (or under chapter 67 of that title
as in effect before the effective date of the Reserve
Officer Personnel Management Act)’’.
(2) Section 3002 is amended—
(A) in paragraph (4), by striking out ‘‘sec-
tion 268(b) of title 10’’ and inserting in lieu
thereof ‘‘section 10143(a) of title 10’’; and
245
(B) in paragraph (6), by striking out ‘‘sec-
tion 511(d) of title 10’’ and inserting in lieu
thereof ‘‘section 12103(d) of title 10’’.
(e) PUBLIC LAW 99–661.—Section 403(b)(1) of Pub-
lic Law 99–661 (10 U.S.C. 521 note) is amended—
(1) in subparagraph (B), by striking out ‘‘sec-
tion 265’’ and all that follows through ‘‘of title 10’’
and inserting in lieu thereof ‘‘section 10148(a),
10211, 10302 through 10305, 12301(a), or 12402
of title 10’’;
(2) in subparagraph (C), by striking out ‘‘sec-
tion 672(d)’’ and inserting in lieu thereof ‘‘section
12301(d)’’; and
(3) in subparagraph (E), by striking out ‘‘sec-
tion 673b’’ and inserting in lieu thereof ‘‘section
12304’’.
(f) MILITARY SELECTIVE SERVICE ACT.—Section 6
of the Military Selective Service Act (50 U.S.C. App. 456)
is amended—
(1) in subsection (c)(2)(A), by striking out
‘‘section 270 of title 10’’ and inserting in lieu there-
of ‘‘section 10147 of title 10’’;
(2) in subsection (c)(2)(D), by striking out
‘‘section 511(b) of title 10’’ and inserting in lieu
thereof ‘‘section 12103 of title 10’’; and
246
(3) in subsection (d)(1), by striking out ‘‘sec-
tion 270(a) of title 10’’ and inserting in lieu thereof
‘‘section 10147 of title 10’’.
TITLE V—TRANSITION PROVISIONS
SEC. 501. CONTINUATION ON THE RESERVE ACTIVE–STA-
TUS LIST OF CERTAIN RESERVE COLONELS
OF THE ARMY AND AIR FORCE.
(a) CONTINUATION UNDER OLD LAW.—Except as
provided in subsection (b), a reserve officer of the Army
or the Air Force who, on the effective date of this Act—
(1) is subject to placement on the reserve
active-status list of the Army or the Air Force; and
(2)(A) holds the reserve grade of colonel, (B) is
on a list of officers recommended for promotion to
the reserve grade of colonel, or (C) has been nomi-
nated by the President for appointment in the re-
serve grade of colonel,
shall continue to be subject to mandatory transfer to the
Retired Reserve or discharge from the officer’s reserve ap-
pointment under section 3851 or 8851 of title 10, United
States Code, as in effect on the day before the effective
date of this Act.
(b) EXEMPTION.—This section does not apply to an
officer who is—
247
(1) sooner transferred from an active status or
discharged under some other provision of law;
(2) promoted to a higher grade, unless the offi-
cer was on a list of officers recommended for pro-
motion to the reserve grade of colonel before the
effective date of this Act; or
(3) continued on the reserve active-status list
under section 14701 of title 10, United States Code,
as added by this Act.
SEC. 502. EFFECTS OF SELECTION FOR PROMOTION AND
FAILURE OF SELECTION FOR ARMY AND AIR
FORCE OFFICERS.
(a) PROMOTIONS TO FILL VACANCIES.—A reserve
commissioned officer of the Army or Air Force (other than
a commissioned warrant officer) who, on the day before
the effective date of this Act, is recommended for pro-
motion to fill a vacancy in the Army Reserve or the Air
Force Reserve under section 3383, 3384, 8372, or 8373
of title 10, United States Code, as in effect on the day
before the effective date of this Act, in the next higher
reserve grade shall be considered to have been rec-
ommended for promotion to that grade by a vacancy
promotion board under section 14101(a)(2) of title 10,
United States Code, as added by this Act.
248
(b) PROMOTIONS OTHER THAN TO FILL VACAN-
CIES.—A reserve officer of the Army or Air Force who,
on the day before the effective date of this Act, is rec-
ommended for promotion under section 3366, 3367, 3370,
3371, 8366, or 8371 of title 10, United States Code, as
in effect on the day before the effective date of this Act,
to a reserve grade higher than the grade in which the offi-
cer is serving shall be considered to have been rec-
ommended for promotion by a mandatory promotion board
convened under section 14101(a)(1) of title 10, United
States Code, as added by this Act.
(c) OFFICERS FOUND QUALIFIED FOR PROMOTION
TO FIRST LIEUTENANT.—A reserve officer of the Army
or Air Force who, on the effective date of the Act, holds
the grade of second lieutenant and has been found quali-
fied for promotion to the grade of first lieutenant in ac-
cordance with section 3365, 3382, or 8365 of title 10,
United States Code, as in effect on the day before the ef-
fective date of this Act, shall be promoted to that grade
on the date on which the officer would have been promoted
under the provisions of chapter 337 or 837 of such title,
as in effect on the day before the effective date of the
Act, unless sooner promoted under regulations prescribed
by the Secretary of the Army or the Secretary of the Air
249
Force under section 14308(b) of title 10, United States
Code, as added by this Act.
(d) OFFICERS ONCE FAILED OF SELECTION.—(1) A
reserve officer of the Army in the grade of first lieutenant,
captain, or major who, on the day before the effective date
of this Act, has been considered once but not rec-
ommended for promotion to the next higher reserve grade
under section 3366 or 3367 of title 10, United States
Code, or a reserve officer of the Air Force in the grade
of first lieutenant, captain, or major who, on the day be-
fore the effective date of this Act, is a deferred officer
within the meaning of section 8368 of such title, shall be
considered to have been considered once but not selected
for promotion by a board convened under section
14101(a)(1) of title 10, United States Code, as added by
this Act. If the officer is later considered for promotion
by a selection board convened under that section and is
not selected for promotion (or is selected for promotion
but declines to accept the promotion), the officer shall be
considered for all purposes to have twice failed of selec-
tion for promotion.
(2) In the case of a reserve officer of the Army or
Air Force in an active status who, on the day before the
effective date of this Act, is in the grade of first lieutenant,
captain, or major and whose name has been removed,
251
(f) OFFICERS WITH APPROVED PROMOTION DEC-
LINATIONS IN EFFECT.—A reserve officer of the Army
who, on the day before the effective date of this Act, has
declined a promotion under subsection (f) or (g) of section
3364 of title 10, United States Code, shall while carried
on the reserve active status list be subject to the provisions
of subsections (h), (i), and (j) of such section, as in effect
on the day before the effective date of the Act, except that
the name of an officer to whom this section applies shall
be placed on a promotion list under section 14308(a) of
title 10, United States Code (as added by this Act), and,
at the end of the approved period of declination, shall be
considered to have failed of promotion if the officer
again declines to accept the promotion.
(g) COVERED OFFICERS.—This section applies to re-
serve officers of the Army and Air Force who—
(1) on the day before the effective date of this
Act are in an active status; and
(2) on the effective date of this Act are subject
to placement on the reserve active-status list of the
Army or the Air Force.
252
SEC. 503. EFFECTS OF SELECTION FOR PROMOTION AND
FAILURE OF SELECTION FOR NAVY AND MA-
RINE CORPS OFFICERS.
(a) RECOMMENDATIONS FOR PROMOTION.—An offi-
cer covered by this section who, on the day before the ef-
fective date of the Act, has been recommended for pro-
motion to a reserve grade higher than the grade in which
the officer is serving shall be considered to have been rec-
ommended for promotion to that grade under section
14101(a) of title 10, United States Code, as added by this
Act.
(b) FAILURES OF SELECTION.—An officer covered by
this section who, on the day before the effective date of
this Act is considered to have failed of selection for pro-
motion one or more times under chapter 549 of title 10,
United States Code, to a grade below captain, in the case
of a reserve officer of the Navy, or to a grade below colo-
nel, in the case of a reserve officer of the Marine Corps,
shall be subject to chapters 1405 and 1407 of title 10,
United States Code, as added by this Act, as if such fail-
ure or failures had occurred under the provisions of those
chapters.
(c) OFFICERS OTHER THAN COVERED OFFICERS
RECOMMENDED FOR PROMOTION.—A reserve officer of
the Navy or Marine Corps who on the day before the effec-
tive date of this Act (1) has been recommended for pro-
253
motion in the approved report of a selection board con-
vened under chapter 549 of title 10, United States Code,
and (2) was on the active-duty list of the Navy or Marine
Corps may be promoted under that chapter, as in effect
on the day before the effective date of this Act.
(d) OFFICERS FOUND QUALIFIED FOR PROMOTION
TO LIEUTENANT (JUNIOR GRADE) OR FIRST LIEUTEN-
ANT.—A covered officer who, on the effective date of this
Act, holds the grade of second lieutenant and has been
found qualified for promotion in accordance with section
5908 or 5910 of title 10, United States Code, as in effect
on the day before the effective date of this Act, shall be
promoted on the date on which the officer would have been
promoted under the provisions of chapter 549 of such title,
as in effect on the day before the effective date of the
Act, unless sooner promoted under regulations prescribed
by the Secretary of the Navy under section 14307(b) of
such title, as added by this Act.
(e) OFFICERS WHOSE NAMES HAVE BEEN OMITTED
FROM A LIST FURNISHED TO A SELECTION BOARD.—A
covered officer whose name, as of the effective date of this
Act, had been omitted by administrative error from the
list of officers furnished the most recent selection board
to consider officers of the same grade and component,
shall be considered by a special selection board established
254
under section 14502 of title 10, United States Code, as
added by this Act. If the officer is selected for promotion
by that board, the officer shall be promoted as specified
in section 5904 of title 10, United States Code, as in effect
on the day before the effective date of this Act.
(f) COVERED OFFICERS.—Except as provided in sub-
section (c), this section applies to any reserve officer of
the Navy or Marine Corps who (1) before the effective
date of this Act is in an active status, and (2) on the effec-
tive date of this Act is subject to placement on the reserve
active-status list of the Navy or Marine Corps.
SEC. 504. DELAYS IN PROMOTIONS AND REMOVALS FROM
PROMOTION LIST.
(a) DELAYS IN PROMOTIONS.—(1) A delay in a pro-
motion that is in effect on the day before the effective date
of this Act under the laws and regulations in effect on
that date shall continue in effect on and after that date
as if the promotion had been delayed under section 14311
of title 10, United States Code, as added by this Act.
(2) The delay of the promotion of a reserve officer
of the Army or the Air Force which was in effect solely
to achieve compliance with limitations set out in section
524 of title 10, United States Code or with regulations
prescribed by the Secretary of Defense with respect to sec-
tions 3380(c) and 8380(c) of title 10, United States Code,
255
as in effect on the day before the effective date of this
Act, shall continue in effect as if the promotion had been
delayed under section 14311(e) of such title, as added by
this Act.
(b) REMOVALS FROM LIST.—An action that was ini-
tiated before the effective date of this Act under the laws
and regulations in effect before that date to remove the
name of an officer from a promotion list or from a list
of officers recommended or approved for promotion shall
continue on and after such date as if such action had been
initiated under section 14110(d) or 14310, as appropriate,
of title 10, United States Code, as added by this Act.
SEC. 505. MINIMUM SERVICE QUALIFICATIONS FOR PRO-
MOTION.
During the five-year period beginning on the effective
date of this Act, the Secretary of the Army and the Sec-
retary of the Air Force may waive the provisions of section
14304 of title 10, United States Code, as added by this
Act. The Secretary may, in addition, during any period
in which such a waiver is in effect, establish minimum pe-
riods of total years of commissioned service an officer
must have served to be eligible for consideration for pro-
motion to the grade of captain, major, or lieutenant colo-
nel by boards convened under section 14101(a) of title 10,
United States Code, as added by this Act.
256
SEC. 506. ESTABLISHMENT OF RESERVE ACTIVE-STATUS
LIST.
(a) SIX-MONTH DEADLINE.—Not later than six
months after the effective date of this Act, the Secretary
of the military department concerned shall ensure that—
(1) all officers of the Army, Navy, Air Force,
and Marine Corps who are required to be placed on
the reserve active-status list of their Armed Force
under section 14002 of title 10, United States Code,
as added by this Act, shall be placed on the list for
their armed force and in their competitive category;
and
(2) the relative seniority of those officers on
each such list shall be established.
(b) REGULATIONS.—The Secretary concerned shall
prescribe regulations for the establishment of relative se-
niority. The Secretary of the Army and the Secretary of
the Air Force shall, in prescribing such regulations, pro-
vide for the consideration of both promotion service estab-
lished under section 3360(b) or 8360(e) of title 10, United
States Code, as in effect on the day before the effective
date of this Act, and total commissioned service estab-
lished under section 3360(c) or 8366(e) of such title, as
in effect on the day before the effective date of this Act.
An officer placed on a reserve active-status list in accord-
259
6389(e), 6397(a), 6403(a), or 6403(b) of title
10, United States Code; and
(2) who, on or after the effective date of this
Act is subject to elimination from an active status
under any provision of such title,
is entitled to be treated as that officer would have been
treated under section 6397 or 6403 as applicable, as in
effect on the day before the effective date of this Act, if
that treatment would result in the date for the officer’s
separation from an active status being a later date than
the date established under the law in effect on or after
the effective date of this Act.
(b) SAVINGS PROVISIONS FOR MANDATORY SEPARA-
TION FOR AGE.—An officer who was initially appointed
in the Naval Reserve or the Marine Corps Reserve before
January 1, 1953, and who cannot complete 20 years of
service computed under section 12732 of this title before
he becomes 62 years of age, but can complete this service
by the time he becomes 64 years of age, may be retained
in an active status not later than the date he becomes 64
years of age.
(c) An officer who was initially appointed in the
Naval Reserve or the Marine Corps Reserve before the ef-
fective date of this Act, and who cannot complete 20 years
of service computed under section 12732 of this title be-
260
fore he becomes 60 years of age, but can complete this
service by the time he becomes 62 years of age, may be
retained in an active status not later than the date he be-
comes 62 years of age.
TITLE VI—EFFECTIVE DATES AND
GENERAL SAVINGS PROVISIONS
SEC. 601. EFFECTIVE DATE.
(a) EFFECTIVE
DATE
FOR
AMENDMENTS.—The
amendments made by this Act shall take effect on the date
of the enactment of this Act.
(b) EFFECTIVE DATE FOR NEW RESERVE OFFICER
PERSONNEL POLICIES.—(1) The provisions of part III of
subtitle E of title 10, United States Code, as added by
section 101, shall become effective on the first day of the
ninth month that begins after the date of the enactment
of this Act.
(2) Any reference in title V of this Act to the effective
date of this Act is a reference to the effective date pre-
scribed in paragraph (1).
(3) The personnel policies applicable to Reserve offi-
cers under the provisions of law in effect on the day before
the date of the enactment of this Act and replaced by the
Reserve officer personnel policies prescribed in part III of
subtitle E of title 10, United States Code, as added by
section 101, shall, notwithstanding the provisions of sub-
261
section (a), continue in effect until the effective date pre-
scribed in paragraph (1).
(4) The authority to prescribe regulations under the
provisions of part III of subtitle E of title 10, United
States Code, as added by section 101, shall take effect
on the date of the enactment of this Act.
SEC. 602. PRESERVATION OF SUSPENDED STATUS OF LAWS
SUSPENDED AS OF EFFECTIVE DATE.
If a provision of law that is in a suspended status
on the day before the effective date of this Act is trans-
ferred or amended by this Act, the suspended status of
that provision is not affected by that transfer or amend-
ment.
SEC. 603. PRESERVATION OF PRE-EXISTING RIGHTS, DU-
TIES, PENALTIES, AND PROCEEDINGS.
Except as otherwise provided in this Act, the provi-
sions of this Act and the amendments made by this Act
do not affect rights and duties that matured, penalties
that were incurred, or proceedings that were begun before
the effective date of this Act.
Passed the House of Representatives May 11, 1993.
Attest:
Clerk.
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