Page:United States Statutes at Large Volume 104 Part 3.djvu/198

 104 STAT. 1550 PUBLIC LAW 101-510—NOV. 5, 1990 Government contracts. 10 USC 1174 note. (2) by striking out "at least five years" in subsection (c)(3) and inserting in lieu thereof "at least six years". (c) REPEAL OF LIMITATION ON AMOUNT OF SEPARATION PAY. —(1) Subsection (d) of such section is amended— (A) by striking out "or $30,000, whichever is less" in paragraph (1); and (B) by striking out ", but in no event more than $15,000". (2) Subsection (g) of such section is amended— (A) by striking out "(1)" after "(g)"; and (B) by striking out paragraph (2). (d) REQUIREMENT FOR SERVICE IN READY RESERVE; EXCLUSION FOR MEMBERS DISCHARGED DURING INITIAL PERIOD OF SERVICE.— Subsection (e) of such section is amended to read as follows: "(e) REQUIREMENT FOR SERVICE IN READY RESERVE; EXCEPTIONS TO ELIGIBILITY.— (1)(A) As a condition of receiving separation pay under this section, a person otherwise eligible for that pay shall be required to enter into a written agreement with the Secretary concerned to serve in the Ready Reserve of a reserve component for a period of not less than three years following the person's discharge or release from active duty. If the person has a service obligation under section 651 of this title or under any other provision of law that is not completed at the time the person is discharged or released from active duty, the three-year obligation under this subsection shall begin on the day after the date on which the person completes the person's obligation under such section or other provision of law. "(B) Each person who enters into an agreement referred to in subparagraph (A) who is not already a Reserve of an armed force and who is qualified shall, upon such person's discharge or release from active duty, be enlisted or appointed, as appropriate, as a Reserve and be transferred to a reserve component. "(2) A member who is discharged or released from active duty is not eligible for separation pay under this section if the member— "(A) is discharged or released from active duty at his request; "(B) is discharged or released from active duty during an initial term of enlistment or an initial period of obligated service; "(C) is released from active duty for training; or "(D) upon discharge or release from active duty, is immediately eligible for retired or retainer pay based on his military service.". (e) EFFECTIVE DATE. —(1) Except as provided in paragraph (2), subsection (b) of section 1174 of title 10, United States Code, as added by subsection (a), and the amendments made by subsections (b), (c), and (d) shall apply with respect to a member of the Armed Forces who is discharged, or released from active duty, after the date of the enactment of this Act. (2) The amendments made by subsection (b) shall not apply in the case of a member (other than a regular enlisted member) of the Armed Forces who (A) is serving on active duty on the date of the enactment of this Act, (B) is discharged, or released from active duty, after that date; and (C) on that date has five or more, but less than six, years of active service in the Armed Forces. (f) CONFORMING CROSS-REFERENCE AMENDMENTS. —(1) Section 1186(c) of title 10, United States Code, is amended by striking out "section 1174(b)" and inserting in lieu thereof "section 1174(a)(2)".

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