[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3904 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 3904

  To modify the commencement date of the active force drawdown period 
    used for the reimplementation of the temporary early retirement 
 authority granted to the Secretary of Defense as an additional force 
 management tool with which to effect the drawdown of military forces.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 2012

 Mr. Rehberg introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
  To modify the commencement date of the active force drawdown period 
    used for the reimplementation of the temporary early retirement 
 authority granted to the Secretary of Defense as an additional force 
 management tool with which to effect the drawdown of military forces.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Keep America's Promises Act''.

SEC. 2. COMMENCEMENT DATE OF ACTIVE FORCE DRAWDOWN PERIOD FOR TEMPORARY 
              EARLY RETIREMENT AUTHORITY.

    (a) Findings.--Congress makes the following findings:
            (1) The Keep America's Promises Act is intended, and should 
        be construed in the event of any ambiguity, to extend the 
        renewed Temporary Early Retirement Authority provided by the 
        amendments made by section 504(b) of the National Defense 
        Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 
        Stat. 1390) to retroactively cover members of the Army, Navy, 
        Air Force, or Marine Corps who--
                    (A) were separated on or after March 1, 2011, but 
                before the effective date of the amendments; and
                    (B) had at least 15 years in service on the date 
                that they separated from the Armed Forces.
            (2) Specifically, this Act protects 157 Air Force Officers 
        (Majors) who were involuntarily separated as a result of a 
        March 2011 continuation board.
            (3) Even if an officer referred to in this subsection opted 
        to separated before the mandatory separation date applicable to 
        the officer, the officer should still be protected by this Act.
            (4) The fact that an officer referred to in this subsection 
        has separated from the Armed Forces before the date of the 
        enactment of this Act should not exclude the officer from the 
        benefits available under the renewed Temporary Early Retirement 
        Authority.
    (b) Commencement Date.--Subsection (i)(2) of section 4403 of the 
National Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 1293 
note), as added by section 504(b) of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1390), is 
amended by striking ``beginning on the date of the enactment of the 
National Defense Authorization Act for Fiscal Year 2012'' and inserting 
``beginning on March 1, 2011,''.
    (c) Cross Reference.--Subsection (h) of section 4403 of the 
National Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 1293 
note), as amended by section 504(b) of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 
1390), is amended in the first sentence--
            (1) by striking ``the date of the enactment of this Act'' 
        and inserting ``October 23, 1992,''; and
            (2) by striking ``the date of the enactment of the National 
        Defense Authorization Act for Fiscal Year 2012'' and inserting 
        ``March 1, 2011,''.
    (d) Application of Amendments.--In the case of a member of the 
Army, Navy, Air Force, or Marine Corps whose original separation date 
was between March 1, 2011, and December 31, 2011, and who would have 
been eligible for retirement by reason of the authority provided in 
subsection (b) of section 4403 of the National Defense Authorization 
Act for Fiscal Year 1993 (10 U.S.C. 1293 note) had the date of the 
enactment of the National Defense Authorization Act for Fiscal Year 
2012 been March 1, 2011, instead of December 31, 2011, the Secretary of 
the military department concerned, with the agreement of the member, 
shall--
            (1) retire the member under the authority of such section 
        or, if an enlisted member of the Navy or Marine Corps, 
        alternatively transfer the member to the Fleet Reserve or Fleet 
        Marine Corps Reserve; and
            (2) compute and pay retired or retainer pay for the member 
        under subsection (e) of such section.
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