§ 123. Authority to suspend officer personnel laws during war or national emergency

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–861 § 1(2)(A) · 72 Stat. 1437

   Enacted · 10 U.S.C. § 123

   Added Pub. L. 85–861, § 1(2)(A), Sept. 2, 1958, 72 Stat. 1437

   Source evidence

   Code source credit
   Added Pub. L. 85–861, § 1(2)(A), Sept. 2, 1958, 72 Stat. 1437

   Enacted provision · exact public law section
   (1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”

2. 1960

   Pub. L. 86–559 § 1(1) · 74 Stat. 264

   1. Inserted · 10 U.S.C. § 123(a)

      Pub. L. 86–559 inserted references to sections 281, 3855, and 8855

   2. Struck · 10 U.S.C. § 123(a)

      Pub. L. 86–559 struck out references to sections 3841, 3842, 3849, 8841, 8842, and 8849

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 86–559 inserted references to sections 281, 3855, and 8855 and struck out references to sections 3841, 3842, 3849, 8841, 8842, and 8849.

   Enacted provision · exact public law section
   (1) Section 123(a) is amended to read as follows: “(a) In time of war, or of national emergency declared by Congress, the President may suspend the operation of any provision of the following sections of this title with respect to any armed force: 281, 592, 1002, 1005, 1006, 1007, 1374, 3217, 3218, 3219, 3220, 3352(a) (last sentence), 3353, 3354, 3359, 3360, 3362, 3363, 3364, 3365, 3366, 3367, 3368, 3369, 3370, 3371, 3375, 3378, 3380, 3382, 3383, 3384, 3385, 3386, 3388, 3389, 3390, 3391, 3392, 3393, 3494, 3571, 3819, 3820(c), 3843, 3844, 3845, 3846, 3847, 3848, 3850, 3851, 3852, 3853, 3854, 3855, 5414, 5457, 5458, 5506, 5600, 5665, 5867, 5891, 5892, 5893, 5894, 5895, 5896, 5897, 5898, 5899, 5900, 5901, 5902, 5903, 5904, 5905, 5906, 5907, 5908, 5909, 5910, 5911, 6389, 6391, 6397, 6403, 6410, 8217, 8218, 8219, 8353, 8354, 8358, 8359, 8360, 8361, 8362, 8363, 8365, 8366, 8367, 8368, 8370, 8371, 8372, 8373, 8374, 8375, 8376, 8377, 8378, 8379, 8380, 8381, 8392, 8393, 8494, 8571, 8819, 8843, 8844, 8845, 8846, 8847, 8848, 8850, 8851, 8852, 8853, and 8855.”

3. 1966

   Pub. L. 89–718 § 1 · 80 Stat. 1113

   Struck · 10 U.S.C. § 123(a)

   Pub. L. 89–718 struck out reference to section 5907

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 89–718 struck out reference to section 5907.

   Enacted provision · exact public law section
   (1) by striking out the first sentence of subsection (a) and inserting in place thereof the following new sentences: “Except for members covered by subsection (b), a member of a reserve component or a member of the Army or the Air Force without component who is released from active duty involuntarily, or because he was not accepted for an additional tour of active duty for which he volunteered after he had completed a tour of active duty, and who has completed, immediately before his release, at least five years of continuous active duty, is entitled to a readjustment payment computed by multiplying his years of active service (other than in time of war or of national emergency declared by Congress after June 28, 1962), but not more than eighteen, by two months’ basic pay of the grade in which he is serving at the time of his release. However, a member who is released from active duty because his performance of duty has fallen below standards prescribed by the Secretary concerned, or because his retention on active duty is not clearly consistent with the interests of national security, is entitled to a readjustment payment computed on the basis of one-half of one month’s basic pay of the grade in which the member is serving at the time of his release from active duty. A person covered by this subsection may not be paid more than two years’ basic pay of the grade in which he is serving at the time of his release or $15,000, whichever amount is the lesser.”;

4. 1967

   Pub. L. 90–130 § 1(1) · 81 Stat. 374

   Struck · 10 U.S.C. § 123(a)

   Pub. L. 90–130 struck out reference to section 3391

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 90–130 struck out reference to section 3391.

   Enacted provision · exact public law section
   (1) Section 123 (a) is amended by striking out “3391,”.

5. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 title V · 94 Stat. 2835

   Struck · 10 U.S.C. § 123(a)

   Pub. L. 96–513 struck out references to sections 3571, 3847, 5867, 8370, 8571, and 8847

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–513 struck out references to sections 3571, 3847, 5867, 8370, 8571, and 8847.

   Enacted provision · exact public law
   TITLE V— TECHNICAL AND CLERICAL AMENDMENTS Part A— Amendments Required by This Act Sec. 501. amendments to subtitle a of title 10, united states code Subtitle A is amended as follows: 37 USC 1011. (1) The table of chapters at the beginning of subtitle A and the table of chapters at the beginning of part II of such subtitle are amended— (A) by striking out the items relating to chapters 33 and 35 and inserting in lieu thereof the following new items: “32. Officer Strength and Distribution in Grade “33. Appointments in Regular Components “34. Appointments as Reserve Officers “35. Temporary Appointments in Officer Grades “36. Promotion, Separation, and Involuntary Retirement of Officers on the Active-Duty List (B) by inserting after the item relating to chapter 59 the following new item: “60. Separation of Regular Officers for Substandard Performance of Duty and for Certain Other (C) by striking out “1255” in the item relating to chapter 63 and inserting in lieu thereof “1251”; (D) by inserting “of Warrant Officers” in the item relating to chapter 65 after “Retirement”; and (E) by striking out “1371” in the item relating to chapter 69 and inserting in lieu thereof “1370”. (2) Section 101(22) is amended by striking out “duty on the active list ”. (3) Section 123(a) is amended by striking out “3571”, “5867,”, and “8571,”. Post, p. 2920. (4) Section 266(a) is amended by striking out “Each” and inserting in lieu thereof “Except as provided in section 612(a)(3) of this title, each”. (5) Section 280 is amended by striking out “35” both places it Post, p. 2920. appears and inserting in lieu thereof “34”. (6) Section 564(a)(3) is amended— (A) by inserting “(1)” after “with”; and (B) by striking out “1167 of this title” and inserting in lieu thereof “286a of title 14, or (2) separation pay computed under section 1174 of this title, as appropriate”. (7) Section 593(a) is amended by striking out “section 3352 or 8352” in the second sentence and inserting in lieu thereof “section 624, 3352, or 8352”. (8) The table of sections at the beginning of chapter 39 is amended— (A) by striking out the item relating to section 687; and (B) by adding at the end thereof the following new items: “688. Regular components: retired members. “689. Reserve officers: grade in which ordered to active duty.”. (9) (A) Chapter 41 is amended by adding at the end thereof the following new section: “§ 720. Chief of Staff to President: appointment “The President, by and with the advice and consent of the Senate, may appoint a general officer of the Army, Air Force, or Marine Corps or a flag officer of the Navy as the Chief of Staff to the President and may designate such position as a position of Ante, p. 2849. importance and responsibility under section 601 of this title.”. (B) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: “720. Chief of Staff to President: appointment.”. (10) The table of sections at the beginning of chapter 43 is amended— (A) by striking out the item relating to section 741 and inserting in lieu thereof: “741. Rank: commissioned officers of the Army, Navy, Air Force, and Marine Corps.”; and (B) by adding at the end thereof the following new item: “750. Command: retired officers.”. (11) Section 743 is amended by striking out “active list” and inserting in lieu thereof “active-duty list”. (12) The item relating to section 973 in the table of sections at the beginning of chapter 49 is amended to read as follows: “973. Duties: officers on active duty; performance of civil functions restricted.”. (13) Section 1079(d) is amended by striking out (C), or (E)” and inserting in lieu thereof “or (D)”. (14) Section 1086(c) is amended by striking out “1072(2)(F)” in clauses (1) and (2) and inserting in lieu thereof “1072(2)(E)”. (15) The table of sections at the beginning of chapter 59 is amended— (A) by striking out the item relating to section 1167; and (B) by adding after the item relating to section 1173 the following new item: “1174. Separation pay upon involuntary discharge or release from active duty.”. (16) Section 1208(a)(1) is amended by striking out “or mandatory elimination from the active list” and inserting in lieu thereof”, discharge, or retirement for length of service”. (17) Section 1211(a)(1) is-amended by striking out “active list of his regular component” and inserting in lieu thereof “active-duty list”. (18) The table of sections at the beginning of chapter 63 is amended by inserting before the item relating to section 1263 the following new item: “1251. Age 62: regular commissioned officers; exceptions.”. (19) The heading of chapter 65 is amended by inserting “OF WARRANT OFFICERS” after “RETIREMENT”. (20) The table of sections at the beginning of chapter 69 is amended by inserting before the item relating to section 1371 the following new item: “1370. Commissioned officers: general rule; exceptions.”. (21) Section 1407(d)(1) is amended by striking out “6381, 6383, 6390, 6394, 6396, 6398, or 6400” and inserting in lieu thereof “or 6383”. (22) Section 2126(2) is amended by striking out ”, other than subsection (a) (7) and (8),”. Sec. 502. amendments to subtitle b of title 10, united states code Subtitle B is amended as follows: (1) The table of chapters at the beginning of subtitle B and the table of chapters at the beginning of part II of such subtitle are amended by striking out the items relating to chapters 359, 360, and 365. (2) Section 3034(b) is amended by striking out “and is counted 10 USC 3034. as one of the officers authorized to serve in a grade above lieutenant general under section 3066 of this title”. (3) The table of sections at the beginning of chapter 307 is amended by striking out the items relating to section 3066. (4) The table of sections at the beginning of chapter 331 is amended— (A) by striking out the item relating to section 3202 and inserting in lieu thereof the following: “3202. Army: strength in grade; general officers.”; (B) by striking out the item relating to section 3212 and inserting in lieu thereof the following: “3212. Army Reserve; Army National Guard of the United States: strength in grade; temporary increases.”; and (C) by striking out the items relating to sections 3201, 3203, 3204, 3205, 3206, 3207, 3209, 3211, 3213, 3214, 3216, and 3230. (5) Section 3210 is amended— (A) by striking out “active list” each place it appears in subsections (a) and (b) and inserting in lieu thereof “active-duty list”; (B) by striking out the second sentence of subsection (a); (C) by striking out clauses (1), (2), (3), and (4) of subsection (b) and inserting in lieu thereof the following: “(1) each corps of the Army Medical Department; and “(2) the Chaplains;”; and (D) by striking out subsections (d) and (e). (6) (A) The first sentence of section 3212 is amended to read as follows: “The authorized strength in any reserve grade, as prescribed under this chapter, is automatically increased to the minimum extent necessary to give effect to each appointment made in that grade under section 1211(a), 3036, 3365(a), or 3366 of this title.”. (B) The heading of such section is amended to read as follows: “§3212. Army Reserve; Army National Guard of the United States: strength in grade; temporary increases”. (7) Sections 3222 and 3225 are each amended— (A) by striking out “of 837,000”; and (B) by striking out “in section 3201(a) of this title”. (8) The table of sections at the beginning of chapter 335 is amended by striking out the items relating to sections 3284, 3285, 3286, 3287, 3288, 3289, 3290, 3291, 3292, 3293, 3294, 3295, 3296, 3297, 3298, 3299, 3300, 3302, 3303, 3305, 3306, 3307, 3308, 3309, 3312, 3313, and 3314. (9) The table of sections at the beginning of chapter 337 is amended— (A) by striking out the item relating to section 3353 and inserting in lieu thereof the following: “3353. Commissioned officers: service credit upon original appointment.”; and (B) by adding at the end thereof the following new item: “3396. Exclusion of certain officers.”. (10) Section 3360(b)(1) is amended by striking out “on the active list” and inserting in lieu thereof “as a regular officer on the active list or on the active-duty list”. (11) The table of sections at the beginning of chapter 339 is amended by striking out the items relating to sections 3441, 3442, 3444, 3445, 3447, 3448, 3449, 3451, and 3452. (12) The table of sections at the beginning of chapter 341 is amended by striking out the items relating to sections 3494 and 3504. (13) The table of sections at the beginning of chapter 343 is amended by striking out the items relating to sections 3531, 3532, and 3535. (14) The table of sections at the beginning of chapter 345 is amended by striking out the items relating to sections 3571, 3573, 3574, and 3582. (15) The table of sections at the beginning of chapter 361 is amended by striking out the items relating to sections 3814 and 3818. (16) The table of sections at the beginning of chapter 367 is amended by striking out the items relating to sections 3913, 3916, 3919, 3921, 3923, and 3927. (17) Section 3924(a) is amended by striking out “3786” and inserting in lieu thereof “1186”. (18) The text of section 3961 is amended to read as follows: “(a) The retired grade of a regular commissioned officer of the Army who retires other than for physical disability, and the retired grade of a reserve commissioned officer of the Army who retires other than for physical disability or for nonregular service under chapter 67 of this title, is determined under section 1370 of this title. “(b) Unless entitled to a higher retired grade under some other provision of law, a Regular or Reserve of the Army not covered by subsection (a) who retires other than for physical disability retires in the regular or reserve grade that he holds on the date of his retirement ” (19) Section 3962 is amended— (A) by striking out “(4) in a position of importance and responsibility designated by the President to carry the grade of general or lieutenant general under section 8066 of this title, or (5)” in subsection (a) and inserting in lieu thereof “or (4)”; (B) by striking out subsection (b); and (C) by redesignating subsection (c) as subsection (b). (20) Section 3963 is amended by striking out subsection (a) and by striking out “(b)” before “Upon retirement”. (21) The table contained in section 3991 is amended— (A) by striking out the designation “A” under the column headed “Formula”; (B) by striking out the matter opposite such designation under each of the other columns in the table; and (C) by redesignating the designations “B”, “C”, and “D“D; under the column headed “Formula” as “A”, “B”, and “C;C”, respectively. (22) Footnote numbered 1 to the table contained in section 3991 is amended by striking out “3962(c)” and inserting in lieu thereof “3962(b)”. (23) Section 4301(b) is amended by striking out “active list” in the first sentence and inserting in lieu thereof “active-duty list”. (24) Section 4333(d) is amended— (A) by striking out “regular or temporary” in the first sentence; and (B) by striking out “applicable promotion list” in the second sentence and inserting in lieu thereof “active-duty list”. (25) Section 4336 is amended— 10 USC 4336. (A) by striking out “a promotion-list officer” in subsections (a) and (b) and inserting in lieu thereof “a regular officer”; and (B) by inserting “or active-duty list” in subsections (a) and (b) after “on the promotion list”. (26) Section 4353 is amended by inserting “under section 531 of this title” after “Regular Army”. Sec. 503. amendments to subtitle c of title 10, united states code Subtitle C is amended as follows: (1) The table of chapters at the beginning of subtitle C is amended— (A) by striking out the item relating to chapter 517; (B) by striking out the item relating to chapter 531 and inserting in lieu thereof the following: “531. Strength of Naval Reserve and Marine Corps Reserve and (C) by striking out the items relating to chapters 541, 543, 545, and 547 and inserting in lieu thereof the following: “541. Running Mates for Reserve Officers “544. Temporary Appointments (2) The table of chapters at the beginning of part I of subtitle C is amended by striking out the item relating to chapter 517. (3) Sections 5064(a) and 5081(a) are amended by striking out “active list” and inserting in lieu thereof “active-duty list”. (4) Section 5085 is amended— (A) by striking out “active list” in subsection (a) and inserting in lieu thereof “active-duty list”; and (B) by striking out subsection (d). (5) Section 5086 is amended— (A) by striking out “active list” in subsection (a) and inserting in lieu thereof “active-duty list”; and (B) by striking out subsection (c). (6) Section 5087(a) is amended by striking out “active list” both places it appears and inserting in lieu thereof “active-duty list”. (7) Section 5088 is amended— (A) by striking out “active list” in subsection (a) and inserting in lieu thereof “active-duty list”; and (B) by striking out subsection (d). (8) The table of sections at the beginning of chapter 513 is amended— (A) by striking out the items relating to sections 5139, 5140, and 5143; and (B) by adding at the end thereof the following new item: “5155. Staff Corps of the Navy.”. (9) Section 5133(b) is amended— (A) by striking out the second sentence, and (B) by inserting “or active-duty list” in the third sentence after “active list . (10) Section 5137 is amended by striking out “active list” in the first sentence of subsection (a) and in subsection (b) and inserting in lieu thereof “active-duty list”. (11) Subsections (a) and (b) of section 5141 are each amended by striking out “active list” and inserting in lieu thereof “active-duty list”. (12) Subsections (b) and (d) of section 5150 are each amended by striking out “active list” and inserting in lieu thereof “active-duty list”. (13) Section 5149 is amended— (A) by striking out “(upper half)” in the second sentence of subsection (a); (B) by striking out “rear admiral (lower half)” in the second and third sentences of subsection (b) and inserting in lieu thereof “commodore admiral”; and (C) by striking out the last sentence of subsection (b) and inserting in lieu thereof the following: “If he is retired as a commodore admiral, he is entitled to the retired pay of that grade, unless entitled to higher pay under another provision of law.”. (14) The table of sections at the beginning of chapter 515 is amended by striking out the item relating to section 5206. (15) Sections 5201(a) and 5202(a) are each amended by striking out “active list” and inserting in lieu thereof “active-duty list . (16) The table of chapters at the beginning of part II of subtitle C is amended— (A) by striking out the item relating to chapter 531 and inserting in lieu thereof the following: “531. Strength of Naval Reserve and Marine Corps Reserve and (B) by striking out the items relating to chapters 541, 543, 545, and 547 and inserting in lieu thereof the following: “541. Running Mates for Reserve Officers. “544. Temporary Appointments (17) The table of sections at the beginning of chapter 531 is amended by striking out the items relating to sections 5401, 5402, 5403, 5404, 5405, 5406, 5407, 5408, 5409, 5412, 5415, 5416, and 5417. (18) The table of sections at the beginning of chapter 533 is amended— (A) by striking out the items relating to sections 5442, 5443, and 5444 and inserting in lieu thereof the following: “5442. Navy: line officers on active duty; commodore admirals and rear admirals.. “5443. Marine Corps: officers on active duty; brigadier generals and major generals. “5444. Navy: staff corps officers on active duty; commodore admirals and rear admirals.”; and (B) by striking out the items relating to sections 5445, 5447, 5448, 5449, and 5452. (19) Section 5444(d) is amended by striking out “section 5772 or section 5781” and inserting in lieu thereof “section 624 of this title”. (20) Section 5446 is amended by striking out “active list” and inserting in lieu thereof “active-duty list”. (21) Section 5450 is amended— (A) by striking out “(a)”; (B) by striking out “officers of the Regular Navy in the grade of rear admiral and above” and inserting in lieu thereof “flag officers of the Regular Navy”; and (C) by striking out subsection (b). (22) Section 5451(b) is amended by striking out “relating to 10 USC 5451. officers serving in grades above lieutenant in the Navy or captain in the Marine Corps”. (23) Section 5455 is amended by striking out “5449, or 5452” and inserting in lieu thereof “or 5449”. (24) Section 5455 is further amended by striking out “active list” and inserting in lieu thereof “active-duty list”. (25) The table of sections at the beginning of chapter 535 is amended by striking out the items relating to sections 5504 and 5505. (26) Section 5506 is amended— (A) by striking out “Officers” in the first sentence and inserting in lieu thereof “Subject to section 741 of this title, officers”; and (B) by striking out “When” in the second sentence and inserting in lieu thereof “Subject to section 741 of this title, when”. (27) Section 5508 is amended— (A) in subsection (a)— (i) by striking out “(a)”; (ii) by striking out “a lineal” in the first sentence and inserting in lieu thereof “an active-duty”; and (iii) by striking out the second sentence; and (B) by striking out subsection (b). (28) The table of sections at the beginning of chapter 539 is amended by striking out the items relating to sections 5571, 5572, 5573, 5574, 5575, 5576, 5577, 5578, 5578a, 5579, 5580, 5581, 5583, 5584, 5586, 5590, 5591, 5592, 5593, 5594, 5595, 5597, 5598, 5599, and 5601. (29) Section 5585 is amended by striking out “active list” and inserting in lieu thereof “active-duty list”. (30) The text of section 5587a is amended to read as follows: “With the approval of the Secretary of the Navy, any regular officer on the active-duty list of the Marine Corps who is qualified under section 827(b) of this title may, upon his application, be designated as a judge advocate.”. (31) The table of sections at the beginning of chapter 541 is amended by striking out the items relating to sections 5651, 5652, 5652a, 5652b, 5652c, 5653, 5654, 5655, 5656, 5657, 5658, 5659, 5660, 5661, 5662, 5663, 5664, and 5666. (32) Section 5891 is amended— (A) by striking out “(c), (d), and (e), a reserve officer who is on the lineal list maintained under section 5504” in subsection (b) and inserting in lieu thereof “(c) and (d), a reserve officer who is on the active-duty list maintained under section 620”; (B) by striking out subsections (c) and (g) and redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively; (C) by striking out “chapter 543” in subsections (d) and (e), as redesignated by clause (2), and inserting in lieu thereof “chapter 36”; and (D) by striking out “the lineal list” and “a lineal list” each place they appear in subsections (d) and (e), as redesignated by clause (2), and inserting in lieu thereof “the active-duty list”. (33) Section 5892 is amended by striking out “prescribed for line and staff corps officers on the active list of the Navy” in the fourth sentence and inserting in lieu thereof “established by the Secretary for regular line and staff corps officers on the active-duty list under other provisions of this title”. (34) Sections 5896, 5897, and 5898(b) are each amended by inserting “before the effective date of the Defense Officer Personnel Management Act” after “section 5581 of this title” each place it appears. (35) Section 5899 is amended— (A) by inserting “before the effective date of the Defense Officer Personnel Management Act” after “section 5581 of this title” each place it appears; (B) by striking out “section 5764” in subsections (a) and (c) and inserting in lieu thereof “chapter 36”; (C) by inserting “or above” after “captain” in the second sentence of subsection (a); (D) by striking out “section 5765” in subsections (b) and (d) and inserting in lieu thereof “chapter 36”; (E) by striking out “lineal list6 in subsections (b) and (e) and inserting in lieu thereof “active-duty list”; (F) by striking out “section 5702” in subsection (e) and inserting in lieu thereof “chapter 36”; and (G) by striking out “chapter 543” in subsection (f) and inserting in lieu thereof “chapter 36”. (36) Section 5901 is amended by striking out subsection (c). (37) Subsections (b) and (c) of section 5902 are amended by striking out “chapter 545” and inserting in lieu thereof “chapter 36”. (38) Section 5905(c) is amended by striking out “lineal rank and” in the second sentence. (39) Section 5906 is amended by striking out “chapter 543” and inserting in lieu thereof “chapter 36”. (40) The second sentence of subsection (a) of section 5910 and the second sentence of subsection (b) of such section are amended by striking out “active list” and inserting in lieu thereof “active-duty list”. (41) The table of sections at the beginning of chapter 551 is amended by striking out the item relating to section 5955. (42) The table of sections at the beginning of chapter 553 is amended by striking out the item relating to section 5982. (43) The table of sections at the beginning of chapter 555 is amended by striking out the items relating to sections 6018 and 6028. (44) Section 6015 is amended by striking out “appointed under section 5590 of this title”. (45) Section 6151(a) is amended by inserting “and subject to sections 688 and 1370 of this title” after “retired grade”. (46) The table of sections at the beginning of chapter 569 is amended by striking out the item relating to section 6294. (47) (A) Section 6323(c) is amended to read as follows: “(c) The retired grade of an officer retired under this section is the grade determined under section 1370 of this title.”. (B) Section 6325 is amended— (i) by inserting “or section 1370 of this title” in subsection (a) after “subsection (b)”; and (ii) by striking out “5231 or 5232” in subsection (b) and inserting in lieu thereof “601”. (48) The table of sections at the beginning of chapter 573 is amended— (A) by striking out the items relating to sections 6371, 6372, 6373, 6374, 6376, 6377, 6378, 6379, 6380, 6381, 6382, 6384, 6385, 6386, 6387, 6388, 6390, 6392, 6393, 6394, 6395, 6396, 6398, 6400, 6401, 6402, and 6407; (B) by striking out the item relating to section 6383 and inserting in lieu thereof the following: “6383. Regular Navy and Regular Marine Corps; officers designated for limited duty: retirement for length of service or failures of selection for promotion; discharge for failures of selection for promotion; reversion to prior status; retired grade; retired pay.”; and (C) by striking out the item relating to section 6404 and inserting in lieu thereof the following: “6404. Treatment of fractions of years of service in computing retired pay and separation pay.”. (49) Section 6403 is amended— 10 USC 6403. (A) by inserting “before the effective date of the Defense Officer Personnel Management Act” after “section 5581 of this title” in subsection (a); (B) by inserting “or chapter 36” after “this chapter” in subsections (a) and (b); (C) by inserting “regular” after “woman line” in subsection (a); and (D) by striking out “active list” in subsections (a) and (b) and inserting in lieu thereof “active-duty list”. (50) (A) Section 6404 is amended by striking out “lump-sum payments” and inserting in lieu thereof “separation pay”. (B) The heading of such section is amended to read as follows: “§6404. Treatment of fractions of years of service in computing retired pay and separation pay”. (51) The table of sections at the beginning of chapter 575 is amended by striking out the items relating to sections 6481, 6487, and 6488. (52) The table of sections at the beginning of chapter 601 is amended by striking out the items relating to sections 6909 and 6914. (53) Section 7042(a) is amended by striking out “active list” and inserting in lieu thereof “active-duty list”. Sec. 504. amendments to subtitle d of title 10, united states code Subtitle D is amended as follows: (1) The table of chapters at the beginning of subtitle D and the table of chapters at the beginning of part II of such subtitle are amended by striking out the items relating to chapters 859, 860, and 865. (2) Section 8034(b) is amended by striking out “and is counted as one of the officers authorized to serve in a grade above lieutenant general under section 8066 of this title”. (3) The table of sections at the beginning of chapter 807 is amended by striking out the item relating to section 8066. (4) Section 8062(e) is amended by striking out “and chapter 831” and inserting in lieu thereof “, chapter 831 of this title, and the strength authorized by law pursuant to section 138”. (5) Section 8067 is amended— (A) by striking out “in conformity with section 8289 or 8294 of this title, in subsection (a); (B) by striking out “in conformity with section 8294 of this title” in subsection (b); (C) by striking out “in conformity with section 8291 of this title,” in subsection (e); (D) in subsection (f)— (i) by striking out “Medical specialist functions” and inserting in lieu thereof “Biomedical science functions”; and (ii) by striking out “medical specialists” and inserting in lieu thereof“biomedical science officers”; and (E) by striking out “in conformity with section 8293 of this title,” in subsection (h). (6) The table of sections at the beginning of chapter 831 is amended— (A) by striking out the item relating to section 8202 and inserting in lieu thereof the following: “8202. Air Force: strength in grade.”. (B) by striking out the item relating to section 8212 and inserting in lieu thereof the following: “8212. Air Reserve; Air National Guard of the United States: strength in grade; temporary increases.”. and (C) by striking out the items relating to sections 8201, 8203, 8204, 8205, 8206, 8207, 8208, 8209, 8211, 8213, 8214, 8215, and 8230. (7) Section 8210 is amended by striking out “active list” each place it appears in subsections (a) and (c) and inserting in lieu thereof “active-duty list”. (8) (A) The first sentence of section 8212 is amended to read as follows: “The authorized strength in any reserve grade, as prescribed under this chapter, is automatically increased to the minimum extent necessary to give effect to each appointment made in that grade under section 1211(a), 8365 (a) and (c), 8366 (a) and (d), 8375, 8376, 8380, or 8381 of this title.”. (B) The heading of such section is amended to read as follows: “§8212. Air Reserve; Air National Guard of the United States: strength in grade; temporary increases”. (9) Sections 8222 and 8225 are each amended— (A) by striking out “of 502,000”; and (B) by striking out “in section 8201(a) of this title”. (10) The table of sections at the beginning of chapter 835 is amended by striking out the items relating to sections 8284, 8285, 8286, 8287, 8288, 8289, 8293, 8294, 8295, 8296, 8297, 8298, 8299, 8300, 8301, 8302, 8303, 8305, 8306, 8307, 8308, 8309, 8312, 8313, and 8314. (11) The table of sections at the beginning of chapter 837 is amended— (A) by striking out the item relating to section 8353 and inserting in lieu thereof the following: “8353. Commissioned officers: service credit upon original appointment.”; and (B) by adding at the end thereof the following new item: “8396. Exclusion of certain officers.”. (12) The table of sections at the beginning of chapter 839 is amended by striking out the items relating to sections 8441, 8442, 8444, 8445, 8447, 8448, 8449, 8451, and 8452. (13) The table of sections at the beginning of chapter 841 is amended by striking out the items relating to sections 8494 and 8504. (14) The table of sections at the beginning of chapter 843 is amended by striking out the item relating to section 8531. (15) The table of sections at the beginning of chapter 845 is amended by striking out the items relating to sections 8571, 8573, 8574, and 8582. (16) The table of sections at the beginning of chapter 861 is amended by striking out the items relating to sections 8814 and 8818. (17) The table of sections at the beginning of chapter 867 is amended by striking out the items relating to sections 8913, 8915, 8916, 8919, 8921, 8922, 8923, and 8927. (18) Section 8924(a) is amended by striking out “8786” and 10 USC 8924. inserting in lieu thereof “1186”. (19) The text of section 8961 is amended to read as follows: “(a) The retired grade of a regular commissioned officer of the Air Force who retires other than for physical disability, and the retired grade of a reserve commissioned officer of the Air Force who retires other than for physical disability or for nonregular service under chapter 67 of this title, is determined under section 1370 of this title. 10 USC 1331 et seq. Ante, p. 2876. “(b) Unless entitled to a higher retired grade under some other provision of law, a Regular or Reserve of the Air Force not covered by subsection (a) who retires other than for physical disability retires in the regular or reserve grade that he holds on the date of his retirement.”. (20) Section 8962(a) is amended by striking out “(4) in a position of importance and responsibility designated by the President to carry the grade of general or lieutenant general under section 8066 of this title, or (5)” and inserting in lieu thereof “or (4)”. Ante, p. 2878. (21) Section 8963 is amended by striking out subsection (a) and by striking out “(b)” before “Upon retirement”. (22) The table contained in section 8991 is amended— Post, p. 2935. (A) by striking out the designation “A” under the column headed “Formula”; (B) by striking out the matter opposite such designation under each of the other columns in the table; and (C) by redesignating the designations “B”, “C”, and “ ”; under the column headed “Formula” as “A”, “B”, and “;”, respectively. (23) Section 9301(b) is amended by striking out “active list” in the first sentence and inserting in lieu thereof “active-duty list”. (24) Section 9336 is amended— (A) by striking out “a promotion-list officer” in subsections (a) and (b) and inserting in lieu thereof “a regular officer”; and (B) by inserting “or active-duty list” in subsections (a) and (b) after “on the promotion list”. (25) Section 9353 is amended by inserting “under section 531 of this title” after “Regular Air Force”. Ante, p. 2845. Sec. 505. amendments to title 14, united states code (a) (1) Chapter 11 of title 14, United States Code, is amended by inserting after section 286 the following new section: “§286a. Regular warrant officers: severance pay “(a) The severance pay of a regular warrant officer of the Coast Guard who is separated under section 564(a)(3) of title 10 is computed by multiplying his years of active service that could be credited to 10 USC 564 note. him under section 511 of the Career Compensation Act of 1949, as amended, but not more than 12, by twice the monthly basic pay to which he is entitled at the time of separation. “(b) The severance pay of a regular warrant officer of the Coast Guard who is separated under section 1166 of title 10 is computed by multiplying his years of active service that could be credited to him under section 511 of the Career Compensation Act of 1949, as amended, but not more than 12, by the monthly basic pay to which he is entitled at the time of separation. “(c) For the purposes of this section, a part of the year that is six months or more is counted as a whole year, and a part of a year that is less than six months is disregarded. “(d) The acceptance of severance pay under this section does not deprive a person of any retirement benefits from the United States. However, there shall be deducted from each of his retirement payments so much thereof as is based on the service for which he has received severance pay under this section, until the total deductions equal the amount of such severance pay. However, no person is entitled to severance pay under this section in an amount that is more than $15,000.”. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 286 the following new item: “286a. Regular warrant officers: severance pay.”. (b) Section 438 of title 14, United States Code, is amended by striking out “1167, 1255” and inserting in lieu thereof “1166 . Sec. 506. amendments to title 37, united states code Title 37, United States Code, is amended as follows: (1) Section 101(18) is amended by striking out “duty on the active list,”. (2) The item relating to section 202 in the table of sections at the beginning of chapter 3 is amended to read as follows: “202. Pay grades: assignment to; rear admirals (upper half) of the Coast Guard.”. (3) The table contained in section 201(a) is amended— (A) by striking out “Environmental Science Services Administration” in the heading of the third column and inserting in lieu thereof “National Oceanic and Atmospheric Administration”; (B) by striking out “Rear admiral (upper half)” in the third column and inserting in lieu thereof “Rear admiral (Navy) and Rear admiral (upper half) (Coast Guard and National Oceanic and Atmospheric Administration)”; and (C) by striking out “Rear admiral (lower half) and commodore” in the third column and inserting in lieu thereof “Commodore admiral (Navy) and Rear admiral (lower half) and commodore (Coast Guard and National Oceanic and Atmospheric Administration)”. (4) Section 204(a) is amended by striking out “Except for 37 USC 204. members covered by section 202(i) of this title, the” and inserting in lieu thereof “The”. (5) The table of sections at the beginning of chapter 5 is amended— (A) by striking out the items relating to sections 302c and 313; and (B) by striking out the item relating to section 311 and inserting in lieu thereof the following: “311. Special pay: continuation pay for dentists in the armed forces”. (6) Section 303a is amended— (A) by striking out “302c, 303, 311, and 313” in subsection (a) and inserting in lieu thereof “303, and 311”; (B) by striking out “302c,” in the first sentence of subsection (b); and (C) by inserting “separation pay,” after “retired pay,” in the second sentence of subsection (b). (7) Section 406 is amended— (A) by inserting “separation pay or” before “severance pay” in subsections (d)(2) and (g)(2); and (B) by inserting “separation pay or” before “readjustment pay” in subsections (d)(2) and (g)(2). (8) The table of sections at the beginning of chapter 17 is amended by striking out the items relating to sections 904 and 905 and inserting in lieu thereof the following: “905. Reserve officers of the Navy or Marine Corps not on the active-duty list: effective date of pay and allowances.”. (9) The table of sections at the beginning of chapter 19 is amended by adding at the end thereof the following new items: “1011. Commissioned officers: promotions; effective date for pay and allowances. “1010. Mess operations: reimbursement of expenses”.”. Sec. 507. amendments to other laws (a) Section 101(12) of title 32, United States Code, is amended by striking out “duty on the active list,”. (b) Section 502(a) of the National Emergencies Act (50 U.S.C. 1651(a)(8)) is amended by striking out paragraph (8). (c) Section 6(d) of the Act entitled “An Act to establish an Office of Selective Service Records to liquidate the Selective Service System following the termination of its functions on March 31, 1947, and to preserve and service the Selective Service records, and for other purposes”, approved March 31, 1947 (50 U.S.C. App. 326(d)), is amended— (1) by striking out “on the active or retired list of the Army, Navy, Marine Corps, or Coast Guard, or of any Reserve component thereof,” and inserting in lieu thereof “of the Armed Forces” and (2) by striking out “in the Army, Navy, Marine Corps, or Coast Guard or Reserve component thereof,” and inserting in lieu thereof “of the Armed Forces”. (d) Section l()(b)(4) of the Military Selective Service Act (50 U.S.C. App. 460(b)(4)) is amended— (1) by striking out “on the active or retired list of the armed forces, or any reserve component thereof with his consent,” and inserting in lieu thereof “of the armed forces” and (2) by striking out “or reserve component thereof,”. (e) Section 302 of the Department of Defense Appropriation Authorization Act, 1974 (Public Law 93–155; 87 Stat. 607) is repealed. (f) (1) Section 3(a)(3) of the Act of August 10, 1956 (70A Stat. 619; 33 U.S.C. 857a(a)(3)), is amended by inserting “1370,” after “except sections . (2) Section 221(a)(3) of the Public Health Service Act (42 U.S.C. 213a(a)(3)) is amended by inserting “1370,” after “except sections”. Part B— Amendments To Make Technical Corrections in Titles 10, 32, and 37 of the united states code other than corrections Required by This Act Sec. 511. amendments to subtitle a of title 10, united states code Subtitle A is amended as follows: (1) Section 123 is amended by striking out “3847,” “8370,”, and “8847,”. (2) Section 126(b) is amended by striking out “Director of the Bureau of the Budget” and inserting in lieu thereof “President”. (3) Section 133(b) is amended by striking out “section 401 of title 50” and inserting in lieu thereof “section 2 of the National Security Act of 1947 (50 U.S.C. 401)”. (4) Section 138(1) is amended— (A) by striking out “(71 Stat. 556)” and inserting in lieu thereof “(42 U.S.C. 1594i)”; and (B) by striking out “In subsection (f)” and inserting in lieu thereof “In subsection (e)”. (5) Section 139(a) is amended by striking out “section 11 of title 31” and inserting in lieu thereof “section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. ID”. (6) Section 176 is amended— (A) in subsection (a)(3), by striking out “Secretary of Health, Education, and Welfare” and inserting in lieu thereof “Secretary of Health and Human Services”; and (B) in subsection (b)(1)(A), by inserting “of this title” after “section 177”. (7) Section 270 is amended— (A) in subsection (a), by striking out “Secretary of the Treasury” and inserting in lieu thereof “Secretary of Transportation”; and (B) in subsection (c), by striking out “the enactment of this subsection” and inserting in lieu thereof “October 4, 1961”. (8) Section 272 is amended by striking out “Secretary of the Treasury” and inserting in lieu thereof “Secretary of Transportation”. (9) Section 274(1) is amended by striking out “ section 232” and inserting in lieu thereof “section 291”. (10) Section 280 is amended— (A) by striking out “3685,” and “8685,”; and (B) by striking out “Secretary of the Treasury” and inserting in lieu thereof “Secretary of Transportation”. (11) (A) Section 335 is amended to read as follows: “§335. Guam and Virgin Islands included as ‘State’ “For purposes of this chapter, the term ‘State’ includes the unincorporated territories of Guam and the Virgin Islands.”. (B) Section 336 is repealed. Repeal. 10 USC 336. (C) The table of sections at the beginning of chapter 15 is amended by adding after the item relating to section 334 the following new item: “335. Guam and Virgin Islands included as ‘State’.”. (12) Section 351(c) is amended by striking out “Section 463 of title 22” and inserting in lieu thereof “Section 16 of the Act of March 4, 1909 (22 U.S.C. 463)”. (13) Section 510(b)(1) is amended by striking out “chapter 12 of title 8” and inserting in lieu thereof “the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)”. (14) Section 511(d) is amended by striking out “Military Selective Service Act of 1967 (50 App. U.S.C. 451–473)” and inserting in lieu thereof “Military Selective Service Act (50 U.S.C. App. 451 et seq.)”. (15) Section 512 is amended by striking out “sections 451–473 of title 50, appendix” both places it appears and inserting in lieu thereof “the Military Selective Service Act (50 U.S.C. App. 451 et seq.)”. (16) Section 591(b) is amended— (A) by striking out “except as provided in section 454(i)(7) of title 50, appendix,”; and (B) by striking out “chapter 12 of title 8” and inserting in lieu thereof “the Immigration and Nationality Act (8 U.S.C. 1101 etseq.)”. (17) Section 595(a) is amended by striking out “sections 451–473 of title 50, appendix” both places it appears and inserting in lieu thereof ”the Military Selective Service Act (50 U.S.C. App. 451 et seq.)”. (18) Section 651(a) is amended— (A) by striking out “section 456(d)(1) of title 50, appendix” and inserting in lieu thereof “section 6(d)(1) of the Military Selective Service Act (50 U.S.C. App. 456(d)(1))”; and (B) by striking out “Secretary of the Treasury” and inserting in lieu thereof “Secretary of Transportation”. (19) Section 679(c) is amended by striking out “Secretary of the Treasury” and inserting in lieu thereof “Secretary of Transportation”. (20) Section 702(b) is amended by striking out “Sections 701, 702(a), 703, and 704 of this chapter’rand inserting in lieu thereof “Sections 701, 703, and 704 of this title and subsection (a)”. (21) Section 711a is amended by striking out “(a)”. (22) Section 717 is amended— (A) by striking out “the Treasury” each place it appears and inserting in lieu thereof “Transportation”; (B) by striking out “subsections (d), (e), and (f)” in subsection (c) and inserting in lieu thereof “subsections (c), (d), and (e)”; and (C) by redesignating subsections (c), (d), (e), and (1) as subsections (b), (c), (d), and (e), respectively. (23) (A) Section 719 is amended by striking out “Environmental Science Services Administration” and inserting in lieu thereof “National Oceanic and Atmospheric Administration”. (B) The heading of such section is amended to read as follows: “§719. Department of Commerce: assignment or detail of members of the armed forces to National Oceanic and Atmospheric Administration”. (C) The item relating to such section in the table of sections at the beginning of chapter 41 is amended to read as follows: “719. Department of Commerce: assignment or detail of members of the armed forces to National Oceanic and Atmospheric Administration.”. (24) Section 802(a)(8) is amended by striking out “Environmental Science Services Administration” and inserting in lieu thereof “National Oceanic and Atmospheric Administration”. (25) Sections 865(c) and 888 are amended by striking out “the Treasury” and inserting in lieu thereof “Transportation”. (26) The table of sections at the beginning of chapter 48 is amended by adding at the end thereof the following new item: “955. Prisoners transferred to or from foreign countries.”. (27) Section 951(d) is amended by striking out “as” the second place it appears and inserting in lieu thereof “at”. (28) Section 955(a) is amended— (A) by striking out “said” both places it appears and inserting in lieu thereof “such”; (B) by striking out “Said” and inserting in lieu thereof “Such”; and (C) by striking out “, United States Code”. (29) The items relating to chapter 51 in the table of chapters at the beginning of subtitle A, and in the table of chapters at the beginning of part II of such subtitle, are amended to read as follows: “51. Reserve Components: Standards and Procedures for Retention and Promotion (30) Section 1006(e) is amended by striking out “the Act enacting this section” and inserting in lieu thereof “Public Law 85–861”. (31) Section 1037(c) is amended by striking out “Department of the Treasury” and inserting in lieu thereof “Department of Transportation”. (32) Subsection (d) of the first section 1040 is amended— (A) by striking out “Secretary of the Treasury” and inserting in lieu thereof “Secretary of Transportation”; and (B) by striking out “Secretary of Health, Education, and Welfare” and inserting in lieu thereof “Secretary of Health and Human Services”. (33) (A) The second section 1040 (added by Public Law 90–235) is redesignated as section 1041. (B) The item relating to such section in the table of sections at the beginning of chapter 53 is amended to read as follows: “1041. Replacement of certificate of discharge.”. (34) (A) Sections 1071, 1072, 1073, and 1084 are amended by striking out “sections 1071–1087 of this title” and inserting in lieu thereof “this chapter”. (B) The heading of section 1071 is amended to read as follows: “§1071. Purpose of this chapter”. (C) (i) The heading of section 1073 is amended to read as follows: “§ 1073. Administration of this chapter”. (ii) Such section is further amended by striking out “those sections” and “them” and inserting in lieu thereof “this chapter”. (D) (i) The item relating to section 1071 in the table of sections at the beginning of chapter 55 is amended to read as follows: “1071. Purpose of this chapter.”. (ii) The item relating to section 1073 in such table is amended to read as follows: “1073. Administration of this chapter.”. (iii) The item relating to section 1086 in such table is amended to read as follows: “1086. Contracts for health benefits for certain members, former members, and their dependents.”. (35) Section 1072(1) and 1073 are amended by striking out 10 USC 1072, 1073. “Environmental Science Services Administration” and inserting in lieu thereof “National Oceanic and Atmospheric Administration”. (36) Sections 1072(2)(E)(iii), 1073, 1074, 1076, 1078, 1079, 1080, 1081, 1083, 1084, 1085, and 1086 are amended by striking out “Secretary of Health, Education, and Welfare” each place it appears and inserting in lieu thereof “Secretary of Health and Human Services”. (37) Sections 1074(b) and 1085 are amended by striking out “Bureau of the Budget” and inserting in lieu thereof “President”. (38) Section 1079 is amended— (A) in subsection (a), by striking out “that:” and inserting in lieu thereof “that—”; (B) in subsection (b), by striking out “per centum” both places it appears and inserting in lieu thereof “percent”; (C) in subsection (e), by striking out the period in the matter preceding clause (1) and inserting in lieu thereof “as follows:, and (D) in subsection (g), by striking out “, United States Code”. (39) Section 1086 is amended— (A) in subsection (b), by striking out “per centum” each place it appears and inserting in lieu thereof “percent”; and (B) in subsection (c), by striking out “title I of the Social Ante, p. 2908. Security Amendments of 1965 (79 Stat. 286)” and inserting in lieu thereof “part A of title )(VIII of the Social Security Act (42 U.S.C. 1395c et seq.)”. (40) Section 1124(h) is amended by striking out “Environmental Science Services Administration” and inserting in lieu thereof “National Oceanic and Atmospheric Administration”. (41) Section 1164 is amended by redesignating subsection (c) as subsection (b). (42) Section 1208(a) is amended— (A) by striking out “Environmental Science Services Administration” in paragraph (2)(B) and inserting in lieu thereof “National Oceanic and Atmospheric Administration”; and (B) by striking out “Environmental Science Services Administration includes active service as a member” and inserting in lieu thereof “National Oceanic and Atmospheric Administration includes active service as a member of the Environmental Science Services Administration and”. (43) Section 1212(a)(2)(B) is amended by striking out “Secretary of the Treasury” and inserting in lieu thereof “Secretary of Transportation”. (44) Section 1213 is amended by striking out “Environmental Science Services Administration and inserting in lieu thereof “National Oceanic and Atmospheric Administration”. (45) Section 1216(d) is amended by striking out “Assistant Secretary of Defense for Health and Environment” and inserting in lieu thereof “Assistant Secretary of Defense for Health Affairs”. (46) Section 1263(a) is amended by striking out “section 311 of title 37” and inserting in lieu thereof “section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114; 10 U.S.C. 564 note)”. (47) Section 1331 is amended— (A) in subsection (b), by striking out “Secretary of the Treasury” and inserting in lieu thereof ”Secretary of Transportation”; and (B) in subsection (e), by striking out ”United States Code,”. (48) Section 1332(a)(4) is amended— (A) by striking out ”Coast and Geodetic Survey” and inserting in lieu thereof ”National Oceanic and Atmospheric Administration (including active commissioned service in the Environmental Science Services Administration and in the Coast and Geodetic Survey)”; and (B) by striking out “pursuant to” and inserting in lieu thereof “under”. (49) Section 1401 is amended— (A) by striking out “of this title) on or after the date of the Ante, p. 1077. enactment of the Department of Defense Authorization Act, 1981” in the heading in column 1 of the table contained in such section and inserting in lieu thereof “) after September 7, 1980”; (B) by striking out “1255” under the column headed “For sections” in such table; and (C) by striking out ”senior enlisted advisor of the Navy” in footnote 4 of such table and inserting in lieu thereof “master chief petty officer of the Navy”. (50) Section 1402 is amended by striking out ”the armed forces before the date of the enactment of the Department of Defense Authorization Act, 1981” in subsections (a), (b), and (c) and inserting in lieu thereof ”a uniformed service (as defined in section 1407(a)(2) of this title) before September 8, 1980”. (51) (A) Section 1402a is amended by striking out “on or after the date of the enactment of the Department of Defense Authorization Act, 1981” in subsections (a), (b), and (c) and inserting in lieu thereof “after September 7, 1980”. (52) The heading of such section is amended to read as follows: “§1402a. Recomputation of retired or retainer pay to reflect later active duty of members who first became members after September 7, 1980”. (C) The item relating to such section in the table of sections at the beginning of chapter 71 is amended to read as follows: “1402a. Recomputation of retired or retainer pay to reflect later active duty of members who first became members after September 7, 1980.”. (52) (A) Section 1403 is amended by striking out “title 26” and 10 USC 1403. inserting in lieu thereof “the Internal Revenue Code of 1954”. (B) The heading of such section is amended to read as follows: “§1403. Disability retired pay; treatment under Internal Revenue Code of 1954”. (C) The item relating to such section in the table of sections at the beginning of chapter 71 is amended to read as follows: “1403. Disability retired pay; treatment under Internal Revenue Code of 1954.”. (53) Section 1407(a) is amended by striking out “on or after the date of the enactment of the Department of Defense Authorization Act, 1981” and inserting in lieu thereof “after September 7, Ante, p. 1077. 1980”. (54) (A) The heading of chapter 73 is amended to read as follows: “CHAPTER 73— ANNUITIES BASED ON RETIRED OR RETAINER PAY”. (B) The items relating to such chapter in the table of chapters at the beginning of subtitle A, and in the table of chapters at the beginning of part II of such subtitle, are amended to read as follows: “73. Annuities Based on Retired or Retainer Pay (55) Section 1431(b) is amended by striking out “the date of enactment of this amendment” and inserting in lieu thereof “August 13, 1968,”. (56) Section 1434 is amended by striking out “per centum” each place it appears and inserting in lieu thereof “percent”. (57) Section 1437(b) is amended by striking out “prior to the effective date of this subsection” and inserting in lieu thereof “before November 1, 1968”. (58) Section 1444 is amended— (A) by striking out “Environmental Science Services Administration” and inserting in lieu thereof “National Oceanic and Atmospheric Administration”; and (B) by redesignating subsection (c) as subsection (b). (59) Section 1475(a)(5)(B) is amended by striking out “Universal Military Training and Service Act (50 App. U.S.C. 451 et seq.)” and inserting in lieu thereof “Military Selective Service Act (50 U.S.C. App. 451 et seq.)”. (60) Section 1552(a) is amended by striking out “Secretary of the Treasury” and inserting in lieu thereof “Secretary of Transportation”. (61) Section 1586 is amended by striking out “United States Civil Service Commission” in subsections (c)(5) and (e)(2) and inserting in lieu thereof “Office of Personnel Management”. (62) Section 2107 is amended— (A) by striking out “Miilitary” in subsection (e) and inserting in lieu thereof “Military”; and (B) by striking out “section 2107 of this title” in subsection (h) and inserting in lieu thereof “this section”. (63) Section 2112(a) is amended by striking out “10 years after the date of the enactment of this chapter” and inserting in lieu thereof “September 21, 1982”. (64) Sections 2112(a), 2113(a), and 2113(d) are amended by inserting “in this chapter” after “hereinafter”. (65) Section 2114(b) is amended by striking out “Secretary of Health, Education, and Welfare” both places it appears and inserting in lieu thereof “Secretary of Health and Human Services”. (66) The table of sections at the beginning of chapter 105 is amended by striking out the first semicolon in the item relating to section 2123 and the semicolons in the items relating to sections 2124, 2125, 2126, and 2127 and inserting in lieu thereof colons. (67) Sections 2123(e) and 2127(d) are amended by striking out “Secretary of Health, Education, and Welfare” and inserting in lieu thereof “Secretary of Health and Human Services”. (68) Section 2131 is amended— (A) by striking out “armed force” in subsection (a) and inserting in lieu thereof “armed forces”; (B) by inserting “of this title” in subsection (b)(2) after “section 2132”; and (C) by striking out “Commissioner of Education, Department of Health, Education, and Welfare” in subsection (d) and inserting in lieu thereof “Secretary of Education”. (69) Section 2132 is amended by inserting “of this title” after “section 2131” each place it appears. (70) Section 2133(a) is amended by inserting “of this title” after “section 2131” and after “section 2107”. (71) Section 2205 is amended by striking out “section 686 of title 31” and inserting in lieu thereof “the Act of March 4, 1915 (31 U.S.C. 686)”. (72) Section 2210(b) is amended by striking out “Director of the Bureau of the Budget” and inserting in lieu thereof “President”. (73) Section 2211 is amended by striking out “section 2392(d) of title 22” and inserting in lieu thereof “section 632(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2392(d))”. (74) Section 2302(1) is amended by striking out “Secretary of the Treasury” and inserting in lieu thereof “Secretary of Transportation”. (75) The item relating to section 2304 in the table of sections at the beginning of chapter 137 is amended to read as follows: “2304. Purchases and contracts: formal advertising; exceptions.”. (76) (A) Clauses (1) and (2) of section 2304(f) are amended to read as follows: “(1) The Act entitled ‘An Act to provide conditions for the purchase of supplies and the making of contracts by the United States, and for other purposes’, approved June 30, 1936 (commonly referred to as the ‘Walsh-Healy Act’) (41 U.S.C. 35–45). “(2) The Act entitled ‘An Act relating to the rate of wages for laborers and mechanics employed on public buildings of the United States and the District of Columbia by contractors and subcontractors, and for other purposes’, approved March 3, 1931 (commonly referred to as the ‘Davis-Bacon Act’) (40 U.S.C. 276a—276a–5).”. (B) Clause (3) of such section is repealed. (77) (A) Subsection (f) of section 2306 is amended— (i) by inserting “(1)” after “(f)”; (ii) by redesignating clauses (1), (2), (3), and (4) as clauses (A), (B), (C), and (D), respectively; (iii) by striking out “Prior” each place it appears and inserting in lieu thereof “prior”; (iv) by striking out “(3) above” and inserting in lieu thereof “clause (C)”; (v) by inserting “(2)” before “Any prime contract” in the first undesignated paragraph in such subsection; and (vi) by inserting “(3)” before “For the purpose of’ in the second undesignated paragraph in such subsection. (B) Subsection (g) of such section is amended— (i) by striking out “that:” in paragraph (1) and inserting in lieu thereof “that—”; (ii) by striking out “the” at the beginning of clause (A) of paragraph (2) and inserting in lieu thereof “The”; (iii) by striking out “consideration” at the beginning of clauses (B) and (C) of paragraph (2) and inserting in lieu thereof “Consideration”; and (iv) by striking out “from.” in paragraph (3) and inserting in lieu thereof “from—”. (78) Section 2314 is amended by striking out “Sections 5, 6, 6a, 10 USC 2314. and 13 of title 41” and inserting in lieu thereof “Sections 3709 and 3735 of the Revised Statutes (41 U.S.C. 5 and 13)”. (79) The table of sections at the beginning of chapter 141 is amended by striking out the item relating to section 2383. (80) Section 2390 is amended by striking out “(a)” before “The Secretary”. (81) Section 2543(a) is amended by striking out “section 721 of title 36” and inserting in lieu thereof “the first section of the Presidential Inaugural Ceremonies Act (36 U.S.C. 721)”. (82) Section 2572 is amended by striking out “section 486 of title 40, the Secretary of a military department or the Secretary of the Treasury” and inserting in lieu thereof “section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486), the Secretary of a military department or the Secretary of Transportation”. (83) (A) Section 2573 is repealed. Repeal. (B) The table of sections at the beginning of chapter 153 is amended by striking out the item relating to section 2573. (84) Section 2575 is amended— (A) in subsection (a), by striking out “Secretary of the Treasury” and inserting in lieu thereof “Secretary of Transportation”; and (B) in subsection (c), by striking out “the Soldiers’ Home” and inserting in lieu thereof “the United States Soldiers’ and Airmen‘s Home”. (85) Section 2576(a) is amended— (A) by striking out “pursuant to” and inserting in lieu thereof “under”; and (B) by striking out “(63 Stat. 377), as amended” and inserting in lieu thereof “(40 U.S.C. 471 et seq.)”. (86) Section 2601(b)(4) is amended by striking out “Secretary of the Treasury” and inserting in lieu thereof “Secretary of Transportation”. (87) Section 2633 is amended by striking out “section 628 of title 31” and inserting in lieu thereof “section 3678 of the Revised Statutes (31 U.S.C. 628)”. (88) Section 2635(a) is amended by striking out “Department of Health, Education, and Welfare” and inserting in lieu thereof “Department of Health and Human Services”. (89) The table of sections at the beginning of chapter 159 is amended by striking out the item relating to section 2680. (90) Section 2664(a) is amended— (A) by striking out “the Federal Maritime Board” both places it appears and inserting in lieu thereof “Federal Maritime Commission”; and (B) by striking out “by 1950 Reorganization Plan No. 21, effective May 24, 1950 (64 Stat. 1273)” and inserting in lieu thereof “under Reorganization Plan No. 7 of 1961, effective August 12, 1961 (75 Stat. 840)”. (91) Section 2665 is amended by striking out “Federal Maritime Board” each place it appears and inserting in lieu thereof “Federal Maritime Commission”. (92) Section 2667 is amended— (A) by striking out “section 472 of title 40” in subsection (a)(3) and inserting in lieu thereof “section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472?’; (B) by striking out “section 303b of title 40” in subsection (b)(4) and inserting in lieu thereof “section 321 of the Act entitled ‘An Act making appropriations for the Legislative Branch of the Government for the fiscal year ending June 30, 1933, and for other purposes’, approved June 30, 1932 (40 U.S.C. 303b),”; (C) by striking out “act of Congress” in subsection (e) and inserting in lieu thereof “Act of Congress”; and (D) in subsection (f)— (i) by striking out “The Secretary” and inserting in lieu thereof “the Secretary”; and (ii) by striking out “The Administrator of the General Services Administration” and inserting in lieu thereof “the Administrator of General Services”. (93) Section 2681(a) is amended by striking out “Director of the Bureau of the Budget” and inserting in lieu thereof “President”. (94) Section 2733(f) is amended by striking out “Environmental Science Services Administration” and inserting in lieu thereof “National Oceanic and Atmospheric Administration”. (95) Section 2734(g) is amended by striking out “Department of the Treasury” and inserting in lieu thereof “Department of Transportation”. (96) The table of sections at the beginning of chapter 165 is amended by striking out the item relating to section 2772. (97) Section 2771 is amended— (A) in subsection (b), by striking out “Environmental Science Services Administration” and inserting in lieu thereof “National Oceanic and Atmospheric Administration”; and (B) in subsection (c), by striking out “Department of the Treasury” and inserting in lieu thereof “Department of Transportation”. (98) Section 2774(a) is amended by striking out “the effective date of this section” and inserting in lieu thereof “October 2, 1972”. (99) The items relating to chapter 107 in the tables of chapters at the beginning of subtitle A, and at the beginning of part III of such subtitle, are each amended to read as follows: “107. Educational Assistance for Persons Enlisting for Active Duty Sec. 512. amendments to subtitle b of title 10, united states code Subtitle B is amended as follows: (1) The items relating to chapter 303 in the table of chapters at the beginning of subtitle B, and in the table of chapters at the beginning of part I of such subtitle, are amended to read as follows: “303. Department of the Army (2) The items relating to sections 3035 and 3036 in the table of sections at the beginning of chapter 305 are amended to read as follows: “3035. Vice Chief of Staff, Deputy Chiefs of Staff, and Assistant Chiefs of Staff: succession to duties of Chief of Staff. “3036. Chiefs of branches: appointment; duties.”. (3) Section 3253 is amended by striking out “chapter 12 of title 10 USC 3253. 8” and inserting in lieu thereof “the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)”. (4) Section 3360 is amended by striking out “the Act enacting this section” each place it appears and inserting in lieu thereof “Public Law 85–861”. (5) (A) Section 3534 is amended by striking out “Commissioner” and inserting in lieu thereof “Mayor”. (B) The heading of such section is amended to read as follows: “§3534. Corps of Engineers: detail of officers to assist Mayor of District of Columbia”. (C) The item relating to such section in the table of sections at the beginning of chapter 343 is amended to read as follows: “3534. Corps of Engineers: detail of officers to assist Mayor of District of Columbia.”. (6) The table of sections at the beginning of chapter 349 is amended by striking out the items relating to sections 3632, 3633, and 3636. (7) The table of sections at the beginning of chapter 353 is amended by striking out the item relating to section 3689. (8) Sections 3848(c)(2) and 3851(c)(2) are amended by striking out “, United States Code,”. (9) Section 3853 is amended by striking out “the Act enacting this section” both places it appears and inserting in lieu thereof “Public Law 85–861”. (10) The tables contained in sections 3991 and 3992 are each amended by striking out “on or after the date of the enactment of the Department of Defense Authorization Act, 1981” in the Ante, p. 1077. heading for column 1 and inserting in lieu thereof “after September 7, 1980”. (11) Section 4314 is amended by striking out “Commissioner of Education, Department of Health, Education, and Welfare” and inserting in lieu thereof “Secretary of Education”. (12) Section 4331(a) is amended by striking out “New York, in this chapter called the ‘Academy’ ” and inserting in lieu thereof “New York (hereinafter in this chapter referred to as the ‘Academy’)”. (13) Section 4342(h) is amended by striking out “Effective beginning with nominations for appointment to the Academy in the calendar year 1964, the” and inserting in lieu thereof “The”. (14) Section 4537 is amended by striking out “Environmental Science Services Administration” and inserting in lieu thereof “National Oceanic and Atmospheric Administration”. (15) Section 4538(b) is amended by striking out “section 486 of title 40” and inserting in lieu thereof “section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)”. (16) Section 4540(c) is amended by striking out “5101–5115, 5331–5338, 5341, 5342, and 7204 of title 5 and subchapter VI of chapter 53 of such title 5” and inserting in lieu thereof “and 7204, chapter 51, and subchapters III, IV, and VI of chapter 53 of title 5”. (17) Section 4621(f) is amended by striking out “sections 772, 773, or 3612” and inserting in lieu thereof “section 772 or 773”. (18) (A) Section 4624(c) is amended by striking out “Soldiers’ Home” and inserting in lieu thereof “United States Soldiers’ and Airmen’s Home”. (B) The heading of section 4624 is amended to read as follows: “§4624. Medical supplies: civilian employees of the Army; American National Red Cross; Soldiers’ and Airmen’s Home”. (C) The item relating to such section in the table of sections at the beginning of chapter 439 is amended to read as follows: “4624. Medical supplies: civilian employees of the Army; American National Red Cross; Soldiers’ and Airmen’s Home.”. (19) Sections 4681, 4682, 4684, and 4686 are amended by striking out “section 486 of title 40” and inserting in lieu thereof “section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)”. (20) Section 4712 is amended by striking out “Soldiers’ Home” in subsections (a)(2) and (f) and inserting in lieu thereof “United States Soldiers’ and Airmen’s Home”. (21) (A) Section 4713(a) is amended by striking out “Soldiers’ Home” and inserting in lieu thereof “United States Soldiers’ and Airmen’s Home”. (B) The heading of section 4713 is amended to read as follows: “§4713. Disposition of effects of deceased persons by Soldiers’ and Airmen’s Home”. (C) The item relating to such section in the table of sections at the beginning of chapter 445 is amended to read as follows: “4713. Disposition of effects of deceased persons by Soldiers’ and Airmen’s Home.”. (22) Section 4745(a) is amended by striking out “chairman of the Federal Maritime Board” and inserting in lieu thereof “Secretary of Commerce”. (23) The heading of section 4777 is amended to read as follows: “§4777. Permits: military reservations; landing ferries, erecting bridges, driving livestock”. (24) (A) Section 4837 is amended by striking out “(d)”. (B) The heading of such section is amended to read as follows: “§4837. Settlement of accounts: remission or cancellation of indebtedness of enlisted members”. (C) The item relating to such section in the table of sections at the beginning of chapter 453 is amended to read as follows: “4837. Settlement of accounts: remission or cancellation of indebtedness of enlisted members.”. Sec. 513. amendments to subtitle c of title 10, united states code Subtitle C is amended as follows: (1) The items relating to chapter 641 in the table of chapters at the beginning of subtitle C, and in the table of chapters at the beginning of part IV of such subtitle, are amended to read as follows: ”641. Naval Petroleum Reserves (2) Section 5001(a)(3) is amended by striking out male or female,”. 10 USC 5001. (3) Section 5032(a) is amended by striking out “Secretary of the Treasury” and inserting in lieu thereof “Secretary of Transportation”. (4) Section 5036(c) is amended by striking out “section 6” and inserting in lieu thereof “section 3347”. (5) (A) The table of sections at the beginning of chapter 507 is amended by striking out the item relating to section 5062. (B) The item in such table relating to section 5064 is amended to read as follows: “5064. Office of Budget and Reports: Director; Assistant Director.”. (6) The table of sections at the beginning of chapter 513 is amended by striking out the item relating to section 5134. (7) (A) The item relating to section 5202 in the table of sections at the beginning of chapter 515 is amended to read as follows: “5202. Assistant Commandant: detail; succession to duties.”. (B) The heading of section 5202 is amended to read as follows: “§5202. Assistant Commandant: detail; succession to duties”. (8) (A) The item relating to section 5414 in the table of sections at the beginning of chapter 531 is amended to read as follows: “5414. Naval Reserve and Marine Corps Reserve: officers in an active status in grades above chief warrant officer, W–4.”. (B) The heading of section 5414 is amended to read as follows: “§5414. Naval Reserve and Marine Corps Reserve: officers in an active status in grades above chief warrant officer, W–4”. (9) (A) The items relating to sections 5457 and 5458 in the table of sections at the beginning of chapter 533 are amended to read as follows: “5457. Naval Reserve: officers in an active status in grades above chief warrant officer, W–4. “5458. Marine Corps Reserve: officers in an active status in grades above chief warrant officer, W–4.”, (B) The heading of section 5457 is amended to read as follows: “§5457. Naval Reserve: officers in an active status in grades above chief warrant officer, W–4”. (C) The heading of section 5458 is amended to read as follows: “§5458. Marine Corps Reserve: officers in an active status in grades above chief warrant officer, W–4”. (10) The table of sections at the beginning of chapter 535 is amended by striking out the item relating to section 5507. (11) The table of sections at the beginning of chapter 549 is amended by striking out the item relating to section 5907. (12) The table of sections at the beginning of chapter 559 is amended by striking out the item relating to section 6111. (13) The table of sections at the beginning of chapter 561 is amended by striking out the items relating to sections 6141, 6142, 6143, 6144, 6145, 6146, and 6147. (14) Section 6201(b) is amended by striking out “section 16 of title 24” and inserting in lieu thereof “section 4812 of the Revised Statutes (24 U.S.C. 16)”. (15) (A) The item relating to section 6221 in the table of sections at the beginning of chapter 565 is amended to read as follows: “6221. United States Navy Band.”. (B) Such table of sections is further amended by striking out the item relating to section 6224. (16) Section 6221 is amended to read as follows: “§6221. United States Navy Band “There is a Navy band known as the United States Navy Band.”. (17) The following sections are each amended by striking out “the date of the enactment of the Department of Defense Ante, p. 1077. Authorization Act, 1981” each place it appears and inserting in lieu thereof “September 8, 1980”: sections 6151(b), 6151(c), 6322(c), 6323(e), 6325(a)(2), 6325(b)(2), 6326(c)(2), 6330(0, and 6383(c)(2). (18) Subsections (f) and (g) of section 6222 are redesignated as subsections (e) and (0, respectively. (19) Sections 6326(c)(2)(A) and 6330(c)(1)(A) are amended by striking out “senior enlisted advisor of the Navy” and inserting in lieu thereof “master chief petty officer of the Navy”. (20) Section 6913(a) is amended by striking out “section 6023(b)” and inserting in lieu thereof “section 2003”. (21) Subsections (g), (h), and (i) of section 6915 are redesignated as subsections (0, (g), and (h), respectively. (22) Section 7043(b) is amended by striking out “provided for grade 18 of the general schedule of the Classification Act of 1949, as amended” and inserting in lieu thereof “authorized for grade 5 USC 5332 note. GS–18 of the General Schedule under section 5332 of title 5”. (23) Section 7045 is amended— (A) by striking out “and Treasury” both places it appears and inserting in lieu thereof “and Transportation”; and (B) by striking out “the Treasury” in subsection (b) and inserting in lieu thereof “Transportation”. (24) Sections 7204(a)(1)(D), 7205(a)(4), and 7211(a)(4) are amended by striking out “Environmental Science Services Administration” and inserting in lieu thereof “National Oceanic and Atmospheric Administration”. (25) Section 7212(a) is amended by striking out “5101–5115, 5331–5338, 5341, 5342, and 7204 of title 5 and subchapter VI of chapter 53 of such” and inserting in lieu thereof ‘and 7204, chapter 51, and subchapters III, IV, and VI of chapter 53 of’. (26) Section 7299 is amended by striking out “the Act of June 30, 1936, chapter 881 (49 Stat. 2036)” and inserting in lieu thereof “the Act entitled ‘An Act to provide conditions for the purchase of supplies and the making of contracts by the United States, and for other purposes’, approved June 30, 1936 (commonly referred to as the ‘Walsh-Healy Act’) (41 U.S.C. 35–45)”. (27) Section 7305 is amended by striking out “, as amended” in 10 USC 7305. subsections (a) and (k). (28) Section 7307(b) is amended— (A) by striking out “the date of enactment of this paragraph” both places it appears and inserting in lieu thereof “August 5, 1974”; and (B) by striking out “of enactment” after “such date”. (29) Section 7308(a) is amended by striking out “section 474 of title 40” and inserting in lieu thereof “subsections (c) and (d) of section 602 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 474)”. (30) Section 7420 is amended— (A) by striking out “(a)” before “In this chapter”; (B) by striking out “Naval Petroleum Reserve Numbered 4” and all that follows through “Naval Petroleum Reserves Production Act of 1976);” in paragraph (2); and (C) by striking out “Secretary of the Navy” in paragraph (4) and inserting in lieu thereof “Secretary of Energy”. (31) Section 7422(c) is amended— (A) by striking out paragraph (1)(B) and inserting in lieu thereof the following: “(B) to produce such reserves at the maximum efficient rate consistent with sound engineering practices for a period ending not later than April 5, 1982;”; (B) by striking out “hereinafter provided” in paragraph (1)(0 and inserting in lieu thereof “provided in section 7430 of this title”; (C) by striking out “discrimination” in the second sentence of paragraph (1) and inserting in lieu thereof “discrimination”; (D) by striking out “, chapter 307 (46 Stat. 1421; 40 U.S.C. 258(a))” in the fourth sentence of paragraph (1) and inserting in lieu thereof “(40 U.S.C. 258a–258e)”; (E) by striking out “At the conclusion of the six-year production period authorized by paragraph (1)(B) of this subsection” in paragraph (2) and inserting in lieu thereof “After April 5, 1987; and (F) by striking out “ within ninety days after the date of enactment of the Naval Petroleum Reserves Production Act of 1976” in paragraph (3) and inserting in lieu thereof “by July 4, 1976” (32) (A) Sections 7424(a)(2), 7425(a), and 7426(a) are amended by striking out “naval petroleum reserve numbered 1” each place it appears and inserting in lieu thereof “Naval Petroleum Reserve Numbered 1”. (B) The heading of section 7426 is amended to read as follows: “§7426. Cooperative or unit plans affecting Naval Petroleum Reserve Numbered 1”. (C) The item relating to such section in the table of sections at the beginning of chapter 641 is amended to read as follows: “7426. Cooperative or unit plans affecting Naval Petroleum Reserve Numbered l.“. (33) Section 7427 is amended by striking out “section 226e of title 30” and inserting in lieu thereof “section 17(j) of the Act of February 25, 1920 (30 U.S.C. 226(j))”. (34) Section 7430 is amended— (A) by striking out “per centum” in subsections (c) and (d)(3) and inserting in lieu thereof “percent”; (B) by striking out “(83 Stat. 841)” in subsection (e) and inserting in lieu thereof “(50 U.S.C. App. 2401 et seq.)”; (C) by inserting “of this title” in subsection (f) after “section 7422(c)” and after “section 7431(a)(3)”; (D) by striking out clauses (1), (2), (3), (4), and (5) in subsection (i) and inserting in lieu thereof the following: “(1) the Sherman Act (15 U.S.C. 1 et seq.); “(2) the Clayton Act (15 U.S.C. 12 et seq.); “(3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.); “(4) sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9); and “(5) sections 2, 3, and 4 of the Act of June 19, 1936 (commonly referred to as the ‘Robinson-Patman Act’) (15 U.S.C. 13a, 13b, and 21a).”; and (E) by inserting “(15 U.S.C. 717 et seq.)” in subsection (j) after “the Natural Gas Act”. (35) Section 7432(a)(1) is amended by striking out the semicolon and inserting in lieu thereof a period. (36) Section 7434 is amended by striking out “of the Navy”. (37) Section 7438 is amended— (A) in subsection (a)— (i) by striking out “The Administrator of the Energy Research and Development Administration” and inserting in lieu thereof “The Secretary”; and (ii) by striking out chapter 172 (58 Stat. 190), as amended” and inserting in lieu thereof “(30 U.S.C. 321 et seq.)”; (B) in subsection (b)— (i) in the first sentence, by striking out “The Administrator of the Energy Research and Development Administration” and inserting in lieu thereof “The Secretary”, and by striking out “above” after “subsection (a)”; (ii) in the second sentence, by striking out “the Administrator” and all that follows through “subsection (a) above” and inserting in lieu thereof “the Secretary may use or lease for use by institutions, organizations, or individuals, public or private, the facility described in subsection (a)”; and (iii) in the third sentence, by striking out “The Administrator” and all that follows through “the Secretary” and inserting in lieu thereof “The Secretary may, after consultation ; and (C) in subsection (c), by striking out “herein contained” and inserting in lieu thereof “in this chapter”. (38) Section 7522(b) is amended by striking out “Section 529 of title 31” and inserting in lieu thereof “Section 3648 of the Revised Statutes (31 U.S.C. 529)”. (39) Sections 7541, 7541a, 7542(a), and 7545(a) are amended by striking out “section 486 of title 40” and inserting in lieu thereof “section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)”. (40) Section 7545(b) is amended by striking out “section 366 10 USC 7545. ” and inserting in lieu thereof “section 3301”. (41) Sections 7571(a)(3), 7572(a)(3), and 7576(a)(3) are amended by striking out “Environmental Science Services Administration” and inserting in lieu thereof “National Oceanic and Atmospheric Administration”. (42) Section 7605 is amended by striking out “sections 521 and 543 of title 31” and inserting in lieu thereof “sections 3639 and 3651 of the Revised Statutes (31 U.S.C. 521 and 543)”. (43) Section 7721 is amended by striking out “sections 781–790 of title 46” and inserting in lieu thereof “the Act of March 3, 1925 (commonly referred to as the ‘Public Vessels Act’) (46 U.S.C. 781–790)”. Sec. 514. amendments to subtitle d of title 10, united states code Subtitle D is amended as follows: (1) The items relating to chapter 803 in the table of chapters at the beginning of subtitle D, and in the table of chapters at the beginning of part I of such subtitle, are amended to read as follows: “803. Department of the Air Force (2) Section 8253 is amended by striking out “chapter 12 of title 8” and inserting in lieu thereof “the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)”. (3) The heading of section 8375 is amended to read as follows: “§8375. Commissioned officers; brigadier general or major general; procedure on reassignment”. (4) The table of sections at the beginning of chapter 849 is amended by striking out the items relating to sections 8632, 8633, and 8636. (5) The table of sections at the beginning of chapter 853 is amended by striking out the item relating to section 8689. (6) The item relating to section 8852 in the table of sections at the beginning of chapter 863 is amended to read as follows: “8852. Thirty-five years or five years in grade: reserve major generals.”. (7) Sections 8848(c) and 8851(c) are amended by striking out “, United States Code,”. (8) The tables contained in sections 8991 and 8992 are each amended by striking out “on or after the date of the enactment of the Department of Defense Authorization Act, 1981” in the heading for column 1 and inserting in lieu thereof “after September 7, 1980”. (9) Section 9315(c) is amended by striking out “Commissioner of Education of the Department of Health, Education, and Welfare” and inserting in lieu thereof “Secretary of Education”. (10) Section 9331(a) is amended by striking out in this chapter called the ‘Academy’,” and inserting in lieu thereof “(hereinafter in this chapter referred to as the ‘Academy’)”. (11) Section 9342(h) is amended by striking out “Effective beginning with the nominations for appointment to the Academy in the calendar year 1964, the” and inserting in lieu thereof “The”. (12) Section 9441(b) is amended— (A) by striking out “section 202 of title 36” and inserting in lieu thereof “section 2 of the Act of July 1, 1946 (36 U.S.C. 202)”; and (B) by striking out “the Travel Expense Act of 1949 (5 U.S.C. 835 et seq.)” in clause (7) and inserting in lieu thereof “subchapter I of chapter 57 of title 5”. (13) Section 9537 is amended by striking out “Environmental Science Services Administration” and inserting in lieu thereof “National Oceanic and Atmospheric Administration”. (14) Section 9538(b) is amended by striking out “section 486 of title 40” and inserting in lieu thereof “section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)”. (15) Section 9540(c) is amended by striking out “5101–5115, 5331–5338, 5341, 5342, and 7204 of title 5 and subchapter VI of chapter 53 of such title 5” and inserting in lieu thereof “and 7204, chapter 51, and subchapters III, IV, and VI of chapter 53 of title 5”. (16) Section 9621(f) is amended by striking out “773, or 8612” and inserting in lieu thereof “or 773”. (17) (A) Section 9624(c) is amended by striking out “Soldiers’ Home” and inserting in lieu thereof “United States Soldiers’ and Airmen’s Home”. (B) The heading of section 9624 is amended to read as follows: “§9624. Medical supplies: civilian employees of the Air Force; American National Red Cross; Soldiers’ and Airmen’s Home”. (C) The item relating to such section in the table of sections at the beginning of chapter 939 is amended to read as follows: “9624. Medical supplies: civilian employees of the Air Force; American National Red Cross; Soldiers’ and Airmen’s Home.”. (18) Sections 9681, 9682, 9684, and 9686 are amended by striking out “section 486 of title 40” and inserting in lieu thereof “section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)”. (19) Section 9712 is amended by striking out “Soldiers’ Home” in subsections (a)(2) and (f) and inserting in lieu thereof “United States Soldiers’ and Airmen’s Home”. (20) (A) Section 9713(a) is amended by striking out “Soldiers’ Home” and inserting in lieu thereof “United States Soldiers’ and Airmen’s Home”. (B) The heading of such section is amended to read as follows: “§9713. Disposition of effects of deceased persons by Soldiers’ and Airmen’s Home. (C) The item relating to such section in the table of sections at the beginning of chapter 945 is amended to read as follows: “9713. Disposition of effects of deceased persons by Soldiers’ and Airmen’s Home.”. (21) The table of sections at the beginning of chapter 949 is amended by striking out the item relating to section 9772. (22) (A) Section 9837 is amended by striking out “(d)”. (B) The heading of such section is amended to read as follows: “§9837. Settlement of accounts: remission or cancellation of indebtedness of enlisted members”. (C) The item relating to such section in the table of sections at the beginning of chapter 953 is amended to read as follows: ”9837. Settlement of accounts: remission or cancellation of indebtedness of enlisted members.”. Sec. 515. amendments to title 32, united states code Title 32 of the United States Code is amended as follows: (1) The item relating to section 307 in the table of sections at the beginning of chapter 3 is amended to read as follows: ”307. Federal recognition of officers: examination; certificate of eligibility.” (2) Subsection (d) of section 303 is redesignated as subsection 32 USC 303. (c). (3) Section 334(e) is amended by striking out “title 32” and inserting in lieu thereof “this title’. (4) Clauses (2) and (3) of section 708(b) are redesignated as clauses (1) and (2), respectively. (5) Section 709(f) is amended by striking out “, United States Code,”. (6) Section 709(g) is amended— (A) by striking out “6102 of title 5, United States Code,” both places it appears and inserting in lieu thereof “6101(a) of title 5”; (B) by striking out “section 5332 of title 5, United States Code” and inserting in lieu thereof “section 5332 of title 5”; and (C) by striking out “5543 of title 5, United States Code,” and inserting in lieu thereof “5543 of title 5”. (7) Section 709(h) is amended by striking out “, except that” and all that follows in such section and inserting in lieu thereof a period. (8) Section 710(d) is amended by striking out “section 725c(b)(22) of title 31” and inserting in lieu thereof “section 4(b)(22) of the Permanent Appropriation Repeal Act, 1934 (31 U.S.C. 725c(b)(22))”. (9) Section 716(a) is amended by striking out “the effective date of this section” and inserting in lieu thereof “October 2, 1972”. Sec. 516. amendments to title 37, united states code Title 37 of the United States Code is amended as follows: (1) Section 101 is amended— 37 USC 101. (A) in paragraphs (3) and (5)(E), by striking out “Environmental Science Services Administration” and inserting in lieu thereof “National Oceanic and Atmospheric Administration”; and (B) in paragraph (5)(F), by striking out “Secretary of Health. Education, and Welfare” and inserting in lieu thereof “Secretary of Health and Human Services”. (2) Section 201(f) is amended by striking out “subsections (e) and (0” and inserting in lieu thereof “subsections (d) and (e)”. (3) Section 205(a) is amended— (A) by striking out “Environmental Science Services Administration” in clause (5) and in the last sentence and inserting in lieu thereof “National Oceanic and Atmospheric Administration”; and (B) by inserting “Environmental Science Services Administration or the” in the last sentence before “Coast and Geodetic Survey”. (4) Section 209(a) is amended by striking out “section 456(d)(1) of title 50, appendix” and inserting in lieu thereof “section 6(d)(1) of the Military Selective Service Act (50 U.S.C. App. 456(d)(1))”. (5) Section 301 is amended— (A) in subsection (a)(2)(B), by striking out “clause (A) above” and inserting in lieu thereof “subclause (A) of this clause”; (B) in subsection (a)(2)(C), by striking out “clause (B) above” and inserting in lieu thereof “subclause (B) of this clause”; and (C) in subsection (f), by striking out “subsection (a)(1)–(12)” and inserting in lieu thereof “subsection (a)”. (6) Section 301a(a)(3) is amended by striking out “Secretary of Health, Education, and Welfare” and inserting in lieu thereof “Secretary of Health and Human Services”. (7) Section 311(c) is amended by striking out “Secretary of Health, Education, and Welfare” and inserting in lieu thereof “Secretary of Health and Human Services”. (8) Section 312(a) is amended by redesignating clauses (3), (4), and (5) as clauses (2), (3), and (4), respectively. (9) Section 312c is amended— (A) in subsection (a), by striking out “301a of this title: Provided, That—” and inserting in lieu thereof “301a of this title. However—”; and (B) in subsection (d), by striking out “House and Senate Armed Services Committees” and inserting in lieu thereof “Committees on Armed Services of the Senate and House of Representatives”. (10) Section 403 is amended— (A) by striking out “Environmental Science Services Administration” in subsection (e) and inserting in lieu thereof “National Oceanic and Atmospheric Administration”; and (B) by striking out “words” in subsection (j) and inserting in lieu thereof “terms”. (11) Section 406b is amended— (A) by striking out “Uniformed Services” and inserting in lieu thereof “uniformed services”; (B) by striking out “of this chapter” and inserting in lieu thereof “of this title”; and (C) by striking out “later: Provided, however, That” and inserting in lieu thereof “later. However,”. (12) Section 411(d) is amended by striking out “words” and inserting in lieu thereof “term”. (13) The heading of section 416 is amended to read as follows: “§416. Uniform allowance: officers; additional allowances”. (14) Section 501 is amended— (A) by striking out “the first day of the second calendar month following the month in which the Department of Defense Appropriation Authorization Act, 1977, was enacted” both places it appears and inserting in lieu thereof “September 1, 1976”; (B) by striking out “unusued” in subsection (d) and inserting in lieu thereof “unused”; (C) by inserting “of this section” in subsection (f) after “subsection (b), (d), or (g)“; and (D) by striking out “Surgeon General” in subsection (g) and inserting in lieu thereof “Secretary of Health and Human Services”. (15) Sections 502(a) and 503 are amended by striking out “Environmental Science Services Administration” and inserting in lieu thereof “National Oceanic and Atmospheric Administration”. (16) Section 558 is amended by striking out “title 26” and inserting in lieu thereof “the Internal Revenue Code of 1954”. (17) Section 602(b)(4) is amended by striking out “Department of Health, Education, and Welfare” and inserting in lieu thereof “Department of Health and Human Services”. (18) (A) The text of section 706 is amended by striking out “Environmental Science Services Administration” and inserting in lieu thereof “National Oceanic and Atmospheric Administration”. (B) The heading of such section is amended to read as follows: “§706. Allotments: commissioned officers of the National Oceanic and Atmospheric Administration”. (C) The item relating to such section in the table of sections at the beginning of chapter 13 is amended to read as follows: “706. Allotments: commissioned officers of the National Oceanic and Atmospheric Administration.”. (19) Section 707 is amended by striking out “(a)”. (20) Section 801 is amended— (A) by redesignating subsection (c) as subsection (b); and (B) by striking out “Environmental Science Services Administration” both places it appears and inserting in lieu thereof “National Oceanic and Atmospheric Administration”. (21) The item relating to section 1005 in the table of sections at the beginning of chapter 19 is amended to read as follows: “1005. Army and Air Force: prompt payments required.”. (22) Section 1001 is amended— (A) in subsection (b), by striking out “Environmental Science Services Administration” and inserting in lieu thereof “National Oceanic and Atmospheric Administration”; and (B) in subsection (c), by striking out “Secretary of Health, Education, and Welfare6 and inserting in lieu thereof “Secretary of Health and Human Services”. (23) Section 1006(h) is amended by striking out “section 529 of title 31” and inserting in lieu thereof “section 3648 of the Revised Statutes (31 U.S.C. 529)”. (24) Section 1009 is amended— (A) by striking out “, United States Code,” in subsection (a); and (B) by striking out “section 8 of the Act of December 16, 1967 (Public Law 90–207; 81 Stat. 654), section 402 or 403 of this title,” in subsection (b)(2) and inserting in lieu thereof “section 402 or 403 of this title”.

6. 1981

   Defense Officer Personnel Management Act Technical Corrections Act

   Pub. L. 97–22 § 10(b)(1) · 95 Stat. 124

   Struck · 10 U.S.C. § 123(a)

   Pub. L. 97–22 struck out references to sections 3494 and 8494

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–22 struck out references to sections 3494 and 8494.

   Enacted provision · exact public law section
   (1) Section 123(a) is amended by striking out “3494,” and 10 USC 123. “8494,”.

7. 1994

   Reserve Officer Personnel Management Act

   Pub. L. 103–337 div. A title XVI § 1622(a) · 108 Stat. 2663

   1. Substituted · 10 U.S.C. § 123

      Pub. L. 103–337 substituted “Authority to suspend officer personnel laws during war or national emergency” for “Suspension of certain provisions of law relating to reserve commissioned officers” as section catchline

   2. Amended · 10 U.S.C. § 123

      Pub. L. 103–337 amended text generally

   3. Substituted · 10 U.S.C. § 123

      Pub. L. 103–337 substituting subsecs. (a) to (c) for former subsecs. (a) and (b)

   Source evidence

   Code amendment note
   Pub. L. 103–337 substituted “Authority to suspend officer personnel laws during war or national emergency” for “Suspension of certain provisions of law relating to reserve commissioned officers” as section catchline and amended text generally, substituting subsecs. (a) to (c) for former subsecs. (a) and (b).

   Enacted provision · exact public law section
   (a) Authority.— Section 123 is amended to read as follows: 10 USC 123. “§ 123. Authority to suspend officer personnel laws during war or national emergency “(a) In time of war, or of national emergency declared by Congress or the President after November 30, 1980, the President may suspend the operation of any provision of law relating to the promotion, involuntary retirement, or separation of commissioned officers of the Army, Navy, Air Force, Marine Corps, or Coast Guard Reserve. So long as such war or national emergency continues, any such suspension may be extended by the President. “(b) Any such suspension shaft, if not sooner ended, end on the last day of the two-year period beginning on the date on which the suspension (or the last extension thereof) takes effect or on the last day of the one-year period beginning on the date of the termination of the war or national emergency, whichever occurs first. With respect to the end of any such suspension, the preceding sentence supersedes the provisions of title II of the National Emergencies Act (50 U.S.C. 1621–1622) which provide that powers or authorities exercised by reason of a national emergency snail cease to be exercised after the date of the termination of the emergency. “(c) If a provision of law pertaining to the promotion of reserve officers is suspended under this section and if the Secretary of Defense submits to Congress proposed legislation to adjust the grades and dates of rank of reserve commissioned officers other than commissioned warrant officers, such proposed legislation shall, so far as practicable, be the same as that recommended for adjusting the grades and dates of rank of officers of the regular component of the armed force concerned”.

   Effective date note
   Pub. L. 104–106, div. A, title XV, § 1501(c), Feb. 10, 1996, 110 Stat. 498, provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as originally enacted.

8. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 div. A title XV § 1501(c)(4) · 110 Stat. 186

   1. Struck · 10 U.S.C. § 123(a)

      Pub. L. 104–106 struck out “281, 592, 1002, 1005, 1006, 1007, 1374, 3217, 3218, 3219, 3220, 3352(a) (last sentence),” after “armed force:”, “5414, 5457, 5458, 5506,” after “3855,”, and “8217, 8218, 8219,” after “6410,”

   2. Substituted · 10 U.S.C. § 123(a)

      Pub. L. 104–106 substituted “8855, 10214, 12003, 12004, 12005, 12007, 12202, 12213(a) (second sentence), 12642, 12645, 12646, 12647, 12771, 12772, and 12773” for “and 8855”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–106 struck out “281, 592, 1002, 1005, 1006, 1007, 1374, 3217, 3218, 3219, 3220, 3352(a) (last sentence),” after “armed force:”, “5414, 5457, 5458, 5506,” after “3855,”, and “8217, 8218, 8219,” after “6410,” and substituted “8855, 10214, 12003, 12004, 12005, 12007, 12202, 12213(a) (second sentence), 12642, 12645, 12646, 12647, 12771, 12772, and 12773” for “and 8855”.

   Enacted provision · exact public law section
   (4) Section 123(a) is amended— (A) by striking out “281, 592, 1002, 1005, 1006, 1007, 1374, 3217, 3218, 3219, 3220, 3352(a) (last sentence),”, “5414, 5457, 5458, 5506,”, and “8217, 8218, 8219,”; and (B) by striking out “and 8855” and inserting in lieu thereof “8855, 10214, 12003, 12004, 12005, 12007, 12202, 12213(a) (second sentence), 12642, 12645, 12646, 12647, 12771, 12772, and 12773”.

   Effective date note
   Pub. L. 104–106, div. A, title XV, § 1501(c), Feb. 10, 1996, 110 Stat. 498, provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as originally enacted.

9. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 div. A title V § 508(b) · 115 Stat. 1012

   Added · 10 U.S.C. § 123(d)

   Pub. L. 107–107 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 107–107 added subsec. (d).

   Enacted provision · exact public law section
   (b) Section 123 Stop-Loss Authority.— Section 123 of such title is amended by adding at the end the following new subsection: “(d) Upon the termination of a suspension made under the authority of subsection (a) of a provision of law otherwise requiring the separation or retirement of officers on active duty because of age, length of service or length of service in grade, or failure of selection for promotion, the Secretary concerned shall extend by up to 90 days the otherwise required separation or retirement date of any officer covered by the suspended provision whose separation or retirement date, but for the suspension, would have been before the date of the termination of the suspension or within 90 days after the date of such termination”.

10. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title IX § 924(b)(2)(A)(i) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 123(a)

    Pub. L. 116–283 substituted “Marine Corps, Space Force,” for “Marine Corps,”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–283 substituted “Marine Corps, Space Force,” for “Marine Corps,”.

    Enacted provision · exact public law section
    (i) Section 123(a).

13 of 14 references resolved to an enrolled provision · 1 partial