Page:United States Statutes at Large Volume 115 Part 2.djvu/110

 115 STAT. 1094 PUBLIC LAW 107-107—DEC. 28, 2001 (1) is any housing (which may include the member's residence) that the member usually occupies for use during off-duty time when on garrison duty at the member's permanent duty station or homeport, as the case may be.". Applicability. (b) EFFECTIVE DATE. —The amendment made by this section 10 USC 991 note, shall apply with respect to duty performed on or after October 1, 2001. SEC. 516. MODIFICATION OF PHYSICAL EXAMINATION REQUIRE- MENTS FOR MEMBERS OF THE INDIVIDUAL READY RESERVE. (a) IRR REQUIREMENT.— Section 10206 of title 10, United States Code, is amended— (1) in the matter in subsection (a) preceding paragraph (1), by striking "Ready Reserve" and inserting "Selected Reserve"; (2) by designating the second sentence of subsection (a) as subsection (c); (3) by redesignating subsection (b) as subsection (d); and (4) by inserting after subsection (a) the following new subsection (b): "(b) A member of the Individual Ready Reserve or inactive National Guard shall be examined for physical fitness as necessary to determine the member's physical fitness for— "(1) military duty or promotion; "(2) attendance at a school of the armed forces; or "(3) other action related to career progression.". (b) TECHNICAL AMENDMENT.—Subsection (a)(1) of such section is amended by striking "his" and inserting "the member's". SEC. 517. RETIREMENT OF RESERVE MEMBERS WITHOUT REQUIRE- MENT FOR FORMAL APPLICATION OR REQUEST. (a) RETIRED RESERVE. —Section 10154(2) of title 10, United States Code, is amended by striking "upon their request". (b) RETIREMENT FOR FAILURE OF SELECTION OF PROMOTION. — (1) Paragraph (2) of section 14513 of such title is amended by striking ", if the officer is qualified and applies for such transfer" and inserting "if the officer is qualified for such transfer and does not request (in accordance with regulations prescribed by the Secretary concerned) not to be transferred to the Retired Reserve". (2)(A) The heading for such section is amended to read as follows: "§ 14513. Failure of selection for promotion: transfer, retirement, or discharge". (B) The item relating to such section in the table of sections at the beginning of chapter 1407 of such title is amended to read as follows: "14513. Faihire of selection for promotion: transfer, retirement, or discharge.". (c) RETIREMENT FOR YEARS OF SERVICE OR AFTER SELECTION FOR EARLY REMOVAL.— Section 14514 of such title is amended— (1) in paragraph (1), by striking ", if the officer is qualified and applies for such transfer" and inserting "if the officer is qualified for such transfer and does not request (in accordance with regulations prescribed by the Secretary concerned) not to be transferred to the Retired Reserve"; and (2) by striking paragraph (2) and inserting the following:

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