Page:United States Statutes at Large Volume 104 Part 3.djvu/192

 104 STAT. 1544 PUBLIC LAW 101-510—NOV. 5, 1990 waiver is necessary to prevent the involuntary separation of officers other than (1) the separation of officers under chapter 36 of title 10, United States Code, for reasons other than meeting such end strength limitation, (2) the separation of officers for physical disability, age, or cause, and (3) the separation of officers made without regard to that limitation (as determined by the Secretary of Defense), (d) CONFORMING AMENDMENT.— Section 401 of Public Law 101-189 10 USC 115 note. (103 Stat. 1431) is amended by striking out subsection (b). SEC. 402. UNIFORM PROCESS FOR IMPLEMENTING REDUCTIONS IN STRENGTH (a) LIMITATION.— After the end of the 90-day period beginning on the date of the enactment of this Act, the Secretary of a military department may not carry out the involuntary separation of a member of the Armed Forces under the Secretary's jurisdiction who is described in subsection (b) unless the Secretary of Defense has certified to the Committees on Armed Services of the Senate and the House of Representatives that the Secretary of that military department has implemented procedures to do the following: (1) Limit the number of persons without previous military service that may be accessed for active duty service as officers in the Armed Force concerned during each fiscal year of the five-year period beginning on October 1, 1990, to a number not greater than the number necessary to meet the requirements of that Armed Force for officers within the end strength specified in section 401(b) for that Armed Force. (2) Limit the number of persons without previous military service that may be accessed for active duty service as enlisted members in that Armed Force concerned during each fiscal year of the five-year period beginning on October 1, 1990, to a number not greater than the number necessary to meet the requirements of that Armed Force enlisted personnel within the end strength specified in section 401(b) for that Armed Force. (3) Reduce as of September 30 of each year during the fiveyear period beginning on October 1, 1990, the number of members of that Armed Force serving on active duty who, upon separation, would be immediately eligible for retired or retainer pay to a number not greater than the number necessary to meet the requirements of that Armed Force within the end strength specified in section 401(b) for that Armed Force. (4) Limit the number of members of that Armed Force serving on active duty who have completed two but less than six years of active service to a number not greater than the number necessary to meet the requirements of that Armed Force for members with two but less than six years of active service within the end strength specified in section 4010t)) for that Armed Force. (b) APPLICABILITY.—The limitation on involuntary separation in subsection (a) applies to a member of the Army, Navy, Air Force, or Marine Corps who— (1) is serving on active duty or full-time National Guard duty; (2) has six or more years of active service in the Armed Forces; (3) if involuntarily separated, would not be immediately eligible for retired or retainer pay; and

�