Page:United States Statutes at Large Volume 110 Part 6.djvu/92

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110 STAT. 3914 PUBLIC LAW 104-324—OCT. 19, 1996 the other requirements of chapter 18 of such title, as amended by this Act, the Secretary of Transportation may use the authority provided in sections 682, 683, 684, 685, and 686 of such chapter to provide for the acquisition or construction of up to 60 family housing units and unaccompanied housing units on or near Coast Guard Integrated Support Command, Ketchikan, Alaska. SEC. 209. BOARD FOR CORRECTION OF MILITARY RECORDS DEAD- LINE. (a) IN GENERAL. —Chapter 11 of title 14, United States Code, is amended by inserting after section 424 the following new section: ^'§425. Board for Correction of Military Records deadline "(a) DEADLINE FOR COMPLETION OF ACTION.— The Secretary shall complete processing of an application for correction of military records under section 1552 of title 10 by not later than 10 months after the date the Secretary receives the completed application. "(b) REMEDIES DEEMED EXHAUSTED. —Ten months after a complete application for correction of military records is received by the Board for Correction of Military Records of the Coast Guard, administrative remedies are deemed to have been eidiausted, and— "(1) if the Board has rendered a recommended decision, its recommendation shall be final agency action and not subject to further review or approval within the department in which the Coast Guard is operating; or "(2) if the Board has not rendered a recommended decision, agency action is deemed to have been unreasonably delayed or withheld and the applicant is entitled to— "(A) an order under section 706(1) of title 5, directing final action be taken within 30 days from the date the order is entered; and "(B) from amounts appropriated to the department in which the Coast Guard is operating, the costs of obtsdning the order, including a reasonable attomej^s fee.". (b) CLERICAL AMENDMENT. —The table of sections at the beginning of chapter 11 of title 14, United States Code, is amended by inserting after the item relating to section 424 the following new item: "425. Board for Correction of Military Records deadline.". 14 USC 425 note. (c) SPECIAL RIGHT OF APPLICATIONS UNDER THIS SECTION.— This section applies to any applicant who had an application filed with or pending before the Board or the Secretary of the department in which the Coast Guard is operating on or after June 12, 1990, who files with the Board for Correction of Military Records of the Coast Guard an application for relief under the amendment made by subsection (a). If a recommended decision was modified or reversed on review with final agency action occurring after expiration of the 10-month deadline under that amendment, an applicant who so requests shall have the order in the fmal decision vacated and receive the relief granted in the recommended decision if the Coast Guard has the legal authority to grant such relief. The recommended decision shall otherwise have no effect as precedent. 14 USC 425 note. (d) EFFECTIVE DATE. —This section shall be effective on and after June 12, 1990.