Page:United States Statutes at Large Volume 114 Part 3.djvu/144

 114 STAT. 1654A-102 PUBLIC LAW 106-398 —APPENDIX (2) in paragraph (3)— (A) by striking "of that armed force, with the exact number of reserve officers to be" and inserting "of that armed force on active duty (whether or not on the activeduty Hst). The actual number of reserve officers shall be"; and (B) by striking "his discretion, except that" and inserting "the Secretary's discretion. Notwithstanding the first sentence of this paragraph,". (b) EFFECTIVE DATE. —The amendments made by subsection (a) shall apply to any selection board convened under section 611(a) of title 10, United States Code, on or after August 1, 1981. SEC. 505. AUTHORITY TO ISSUE POSTHUMOUS COMMISSIONS IN THE CASE OF MEMBERS DYING BEFORE OFFICIAL REC- OMMENDATION FOR APPOINTMENT OR PROMOTION IS APPROVED BY SECRETARY CONCERNED. (a) REPEAL OF LIMITATION TO DEATHS OCCURRING AFTER SEC- RETARIAL APPROVAL.— Subsection (a)(3) of section 1521 of title 10, United States Code, is amended by striking "and the recommendation for whose appointment or promotion was approved by the Secretary concerned". (b) EFFECTIVE DATE OF COMMISSION. —Subsection (b) of such section is amended by striking "approval" both places it appears and inserting "official recommendation". SEC. 506. TECHNICAL CORRECTIONS RELATING TO RETIRED GRADE OF RESERVE COMMISSIONED OFFICERS. (a) ARMY.—Section 3961(a) of title 10, United States Code, is amended by striking "or for nonregular service under chapter 1223 of this title". (b) AIR FORCE.— Section 8961(a) of title 10, United States Code, is amended by striking "or for nonregular service under chapter 1223 of this title". (c) EFFECTIVE DATE.—The amendments made by subsections (a) and (b) shall apply to Reserve commissioned officers who are promoted to a higher grade as a result of selection for promotion by a board convened under chapter 36 or 1403 of title 10, United States Code, or having been found qualified for Federal recognition in a higher grade under chapter 3 of title 32, United States Code, after October 1, 1996. SEC. 507. GRADE OF CHIEFS OF RESERVE COMPONENTS AND DIREC- TORS OF NATIONAL GUARD COMPONENTS. (a) CHIEF OF ARMY RESERVE. —Subsections (b) and (c) of section 3038 of title 10, United States Code, are amended to read as follows: "(b) APPOINTMENT.— (1) The President, by and with the advice and consent of the Senate, shall appoint the Chief of Army Reserve from general officers of the Army Reserve who have had at least 10 years of commissioned service in the Army Reserve. "(2) The Secretary of Defense may not recommend an officer to the President for appointment as Chief of Army Reserve unless the officer— "(A) is recommended by the Secretary of the Army; and "(B) is determined by the Chairman of the Joint Chiefs of Staff, in accordance with criteria and as a result of a process

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