115 STAT. 1092 PUBLIC LAW 107-107—DEC. 28, 2001 Subtitle B—Reserve Component Personnel Policy SEC. 511. PLACEMENT ON ACTIVE-DUTY LIST OF CERTAIN RESERVE OFFICERS ON ACTIVE DUTY FOR A PERIOD OF THREE YEARS OR LESS. (a) CLARIFICATION OF EXEMPTION. —Section 641(1)(D) of title 10, United States Code, is amended to read as follows: "(D) on active duty under section 12301(d) of this title, other than as provided under subparagraph (C), if the call or order to active duty, under regulations prescribed by the Secretary concerned, specifies a period of three years or less and continued placement on the reserve activestatus list;". 10 USC 641 note. (b) RETROACTIVE APPLICATION. —(1) The Secretary of the military department concerned may provide that an officer who was excluded from the active-duty list under section 641(1)(D) of title 10, United States Code, as amended by section 521 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A- 108), shall be considered to have been on the active-duty list during the period beginning on the date on which the officer was so excluded and ending on the date of the enactment of this Act. (2) The Secretary of the military department concerned may provide that a Reserve officer who was placed on the active-duty list on or after October 30, 1997, shall be placed on the reserve active-status list if the officer otherwise meets the conditions specified in section 641(1)(D) of title 10, United States Code, as amended by subsection (a). SEC. 512. EXCEPTION TO BACCALAUREATE DEGREE REQUIREMENT FOR APPOINTMENT OF RESERVE OFFICERS TO GRADES ABOVE FIRST LIEUTENANT. (a) REAUTHORIZATION OF WAIVER AUTHORITY FOR ARMY DCS GRADUATES AND INCLUSION OF CERTAIN MARINE OFFICERS.— Section 12205 of title 10, United States Code, is amended by adding at the end the following new subsection: "(d) WAIVER AUTHORITY FOR ARMY OCS GRADUATES AND CER- TAIN MARINE CORPS OFFICERS.— (1) The Secretary of the Army may waive the applicability of subsection (a) to any officer whose original appointment in the Army as a Reserve officer is through the Army Officer Candidate School program. "(2) The Secretary of the Navy may waive the applicability of subsection (a) to any officer whose original appointment in the Marine Corps as a Reserve officer is through the Marine Corps meritorious commissioning program. "(3) Any such waiver shall be made on a case-by-case basis, considering the individual circumstances of the officer involved, and may continue in effect for no more than two years after the waiver is granted. The Secretary concerned may provide for such a waiver to be effective before the date of the waiver, as appropriate in an individual case.". Applicability. (b) EFFECTIVE DATE. —Subsection (d) of section 12205 of title 10 USC 12205 10, United States Code, as added by subsection (a), shall apply ^°^- with respect to officers appointed before, on, or after the date of the enactment of this Act.
�
