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National Defense Authorization Act for Fiscal Year 1995 (103-337) (Div. A, Title XVI--Reserve Officer Personnel Management Act)

OCT. 5, 1994

National Defense Authorization Act for Fiscal Year 1995 (103-337) (Div. A, Title XVI--Reserve Officer Personnel Management Act)

DATED OCT. 5, 1994
DOCUMENT ATTRIBUTES

 

S. 2182, Enrolled Bill

 

 

One Hundred Third Congress

 

of the

 

United States of America

 

 

AT THE SECOND SESSION

 

 

Begun and held at the City of Washington on Tuesday,

 

the twenty-fifth day of January, one thousand nine hundred and ninety-four

 

 

An Act

 

 

To authorize appropriations for fiscal year 1995 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the 'National Defense Authorization Act for Fiscal Year 1995'.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

 

(a) DIVISIONS.--This Act is organized into three divisions as follows:

 

(1) Division A--Department of Defense Authorizations.

(2) Division B--Military Construction Authorizations.

(3) Division C--Department of Energy National Security Authorizations and Other Authorizations.

 

(b) TABLE OF CONTENTS.--The table of contents for this Act is as follows:

 

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TITLE XVI--RESERVE OFFICER PERSONNEL MANAGEMENT ACT (ROPMA)

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SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

For purposes of this Act, the term 'congressional defense committees' means the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives.

 

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Division A--Department of Defense Authorizations

 

 

TITLE XVI--RESERVE OFFICER PERSONNEL MANAGEMENT ACT (ROPMA)

 

 

SEC. 1601. SHORT TITLE.

This title may be cited as the 'Reserve Officer Personnel Management Act'.

SEC. 1602. REFERENCES TO TITLE 10, UNITED STATES CODE.

Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 10, United States Code.

 

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Subtitle D--Technical and Clerical Amendments

 

 

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SEC. 1677. AMENDMENTS TO OTHER LAWS.

 

(a) TITLE 5, UNITED STATES CODE.--Title 5, United States Code, is amended as follows:

 

(1) Section 5517(d)(2) is amended by striking out 'section 270(a) of title 10' and inserting in lieu thereof 'section 10147 of title 10'.

(2) Section 6323(b) is amended--

 

(A) in paragraph (1), by striking out 'section 261 of title 10' and inserting in lieu thereof 'section 10101 of title 10'; and

(B) in paragraph (2)(A), by striking out '3500, or 8500 of title 10' and inserting in lieu thereof 'or 12406 of title 10'.

 

(3) Sections 8332(c)(2)(B) and 8411(c)(2)(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)'.

(4) Sections 8401(30) and 8456(a)(1)(A) are amended by striking out 'section 261(a) of title 10' and inserting in lieu thereof 'section 10101 of title 10'.

 

(b) TITLE 14, UNITED STATES CODE.--Title 14, United States Code, is amended as follows:

 

(1) Section 41a(a) is amended by striking out 'section 679 of title 10' and inserting in lieu thereof 'section 12311 of title 10'.

(2) Section 271(e) is amended by striking out 'section 593 of title 10' and inserting in lieu thereof 'section 12203 of title 10'.

(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 'section 268(b) of title 10' and inserting in lieu thereof 'section 10143(a) of title 10'; and

(B) in paragraph (6), by striking out 'section 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 Public Law 99-661 (10 U.S.C. 521 note) is amended--

 

(1) in subparagraph (B), by striking out 'section 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 'section 672(d)' and inserting in lieu thereof 'section 12301(d)'; and

(3) in subparagraph (E), by striking out 'section 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 thereof '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

(3) in subsection (d)(1), by striking out 'section 270(a) of title 10' and inserting in lieu thereof 'section 10147 of title 10'.

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Subtitle F--Effective Dates and General Savings Provisions

 

 

SEC. 1691. EFFECTIVE DATES.

 

(a) EFFECTIVE DATE FOR AMENDMENTS.--Except as provided in subsection (b), the amendment made by section 1611 and the amendments made by subtitles C and D shall take effect on December 1, 1994.

(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 1611, shall become effective on October 1, 1996. The amendments made by part II of subtitle A, by subtitle B, and by section 1671(c)(2) and paragraphs (2), (3)(B), (3)(C), and (4) of section 1675(d) shall take effect on October 1, 1996.

(2) Any reference in subtitle E of this title to the effective date of this title is a reference to the effective date prescribed in paragraph (1).

(3) The personnel policies applicable to Reserve officers under the provisions of law in effect on the day before the date prescribed in subsection (a) 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 1611, shall, notwithstanding the provisions of subsection (a), continue in effect until the effective date prescribed 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 1611, shall take effect on the date of the enactment of this Act.

SEC. 1692. 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 title under section 1691(b)(1) is transferred or amended by this title, the suspended status of that provision is not affected by that transfer or amendment.

SEC. 1693. PRESERVATION OF PRE-EXISTING RIGHTS, DUTIES, PENALTIES, AND PROCEEDINGS.

Except as otherwise provided in this title, the provisions of this title and the amendments made by this title do not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before the effective date of this title under section 1691(b)(1).

 

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Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
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