IIA

103D CONGRESS

1ST SESSION H. R. 1040

IN THE SENATE OF THE UNITED STATES

MAY 13 (legislative day, APRIL 19), 1993

Received; read twice and referred to the Committee on Armed Services

AN ACT

To amend title 10, United States Code, to revise and standardize the provisions of law relating to appointment,

promotion, and separation of commissioned officers of

the reserve components of the Armed Forces, to consolidate in a new subtitle the provisions of law relating

to the reserve components, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Reserve Officer Personnel Management Act’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. References to title 10, United States Code.

TITLE I—RESERVE OFFICER PERSONNEL MANAGEMENT

PART A—REVISED AND STANDARDIZED RESERVE OFFICER PERSONNEL

SYSTEM

Sec. 101. Promotion and retention of reserve officers.

PART B—CONFORMING AMENDMENTS

Sec. 111. Definition of reserve active-status list.

Sec. 112. Authority to suspend officer personnel laws during war or national

emergency.

Sec. 113. Active-duty list promotion boards to have authority to recommend

that reserve officers considered for promotion be required to

show cause for retention on active duty.

Sec. 114. Applicability of chapter 36 to reserve officers during war or national

emergency.

Sec. 115. Grade in which reserve officers are ordered to active duty.

Sec. 116. Date of rank.

Sec. 117. Discharge before completion of required service in case of officers

having twice failed of selection for captain or navy lieutenant.

Sec. 118. Conforming amendments relating to Navy and Marine Corps officers.

Sec. 119. Repeal of reserve officer personnel policy laws.

Sec. 120. Amendments to title 32, United States Code.

TITLE II—OTHER PERSONNEL POLICY AMENDMENTS

PART A—APPOINTMENTS

Sec. 201. Repeal of separate authority for accession of women in reserve components.

Sec. 202. Appointment authority for reserve grades of lieutenant colonel and

commander.

Sec. 203. Appointment of former commissioned officers in reserve components.

Sec. 204. Constructive credit for appointment of officers in reserve components

with qualifying education or experience.

Sec. 205. Computation of years of service for transfer of Army officers to Retired Reserve.

Sec. 206. Repeal of miscellaneous obsolete appointment authorities.

PART B—RETIREMENT AND SEPARATION

Sec. 221. Computation of highest grade in which satisfactorily served for reserve commissioned officers and former officers.

PART C—OTHER AMENDMENTS

Sec. 241. Tenure in office of Chief of National Guard Bureau.

Sec. 242. Right to reenlist in Regular Army or Regular Air Force after service

as an officer.
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TITLE III—REORGANIZATION AND CONSOLIDATION OF LAWS

RELATING TO RESERVE COMPONENTS

Sec. 301. Laws relating to organization and administration of reserve components.

Sec. 302. Laws relating to reserve component personnel policy.

Sec. 303. Laws relating to reserve component training and educational assistance programs.

Sec. 304. Laws relating to reserve component procurement and equipment.

Sec. 305. Legislative construction.

TITLE IV—TECHNICAL AND CLERICAL AMENDMENTS

Sec. 401. Amendments to subtitle A of title 10, United States Code.

Sec. 402. Amendments to subtitle B of title 10, United States Code.

Sec. 403. Amendments to subtitle C of title 10, United States Code.

Sec. 404. Amendments to subtitle D of title 10, United States Code.

Sec. 405. Amendments to subtitle E of title 10, United States Code.

Sec. 406. Amendments to titles 32 and 37, United States Code.

Sec. 407. Amendments to other laws.

TITLE V—TRANSITION PROVISIONS

Sec. 501. Continuation on the reserve active-status list of certain reserve colonels of the Army and Air Force.

Sec. 502. Effects of selection for promotion and failure of selection for Army

and Air Force officers.

Sec. 503. Effects of selection for promotion and failure of selection for Navy

and Marine Corps officers.

Sec. 504. Delays in promotions and removals from promotion list.

Sec. 505. Minimum service qualifications for promotion.

Sec. 506. Establishment of reserve active-status list.

Sec. 507. Preservation of relative seniority under the initial establishment of

the reserve active-status list.

Sec. 508. Grade on transfer to the Retired Reserve.

Sec. 509. Rights for officers with over three years service.

Sec. 510. Mandatory separation for age for certain reserve officers of the Navy

and Marine Corps.

TITLE VI—EFFECTIVE DATES AND GENERAL SAVINGS

PROVISIONS

Sec. 601. Effective dates.

Sec. 602. Preservation of suspended status of laws suspended as of effective

date.

Sec. 603. Preservation of preexisting rights, duties, penalties, and proceedings.

1 SEC. 2. REFERENCES TO TITLE 10, UNITED STATES CODE.

2 Except as otherwise expressly provided, whenever in

3 this Act an amendment or repeal is expressed in terms

4 of an amendment to, or repeal of, a section or other provi-
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1 sion, the reference shall be considered to be made to a

2 section or other provision of title 10, United States Code.

3 TITLE I—RESERVE OFFICER PERSONNEL

4 MANAGEMENT

5 PART A—REVISED AND STANDARDIZED RESERVE

6 OFFICER PERSONNEL SYSTEM

7 SEC. 101. PROMOTION AND RETENTION OF RESERVE OFFI8 CERS.

9 Title 10, United States Code, is amended by adding

10 at the end the following new subtitle:

11 ‘‘Subtitle E—Reserve Components

‘‘PART I—ORGANIZATION AND ADMINISTRATION

‘‘Chap. Sec.

‘‘1001. Definitions .................................................................................... 10001

‘‘1003. Reserve Components Generally .................................................... 10101

‘‘1005. Elements of Reserve Components ................................................ 10141

‘‘1007. Administration of Reserve Components ....................................... 10201

‘‘1009. Reserve Forces Policy Boards and Committees .......................... 10301

‘‘1011. National Guard Bureau ............................................................... 10501

‘‘1013. Budget Information and Annual Reports to Congress ................ 10541

‘‘PART II—PERSONNEL GENERALLY

‘‘1201. Authorized Strengths and Distribution in Grade ........................ 12001

‘‘1203. Enlisted Members ........................................................................ 12101

‘‘1205. Appointment of Reserve Officers ................................................. 12201

‘‘1207. Warrant Officers .......................................................................... 12241

‘‘1209. Active Duty .................................................................................. 12301

‘‘1211. National Guard Members in Federal Service .............................. 12401

‘‘1213. Special Appointments, Assignments, Details, and Duties ........... 12501

‘‘1215. Miscellaneous Prohibitions and Penalties ............... [No present sections]

‘‘1217. Miscellaneous Rights and Benefits .............................................. 12601

‘‘1219. Standards and Procedures for Retention and Promotion ........... 12641

‘‘1221. Separation .................................................................................... 12681

‘‘1223. Retired Pay for Non-Regular Service .......................................... 12731

‘‘1225. Retired Grade .............................................................................. 12771

‘‘PART III—PROMOTION AND RETENTION OF OFFICERS ON THE

RESERVE ACTIVE-STATUS LIST

‘‘1401. Applicability and Reserve Active-Status Lists ............................. 14001

‘‘1403. Selection Boards .......................................................................... 14101
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‘‘1405. Promotions ................................................................................... 14301

‘‘1407. Failure of Selection for Promotion and Involuntary Separation 14501

‘‘1409. Continuation of Officers on the Reserve-Active Status List and

Selective Early Removal ................................................ 14701

‘‘1411. Additional Provisions Relating to Involuntary Separation .......... 14901

‘‘PART IV—TRAINING FOR RESERVE COMPONENTS AND

EDUCATIONAL ASSISTANCE PROGRAMS

‘‘1601. Training Generally ....................................................................... [No present

sections]

‘‘1606. Educational Assistance for Members of the Selected Reserve .... 16131

‘‘1608. Health Professions Stipend Program .......................................... 16201

‘‘1609. Education Loan Repayments ....................................................... 16301

‘‘PART V—SERVICE, SUPPLY, AND PROCUREMENT

‘‘1801. Issue of Serviceable Material to Reserve Components ................ [No present

sections]

‘‘1803. Facilities for Reserve Components .............................................. 18231

‘‘1805. Miscellaneous Provisions .............................................................. 18501

1 ‘‘PART III—PROMOTION AND RETENTION OF OF2 FICERS ON THE RESERVE ACTIVE-STATUS

3 LIST

‘‘Chap. Sec.

‘‘1401. Applicability and Reserve Active-Status Lists ............................. 14001

‘‘1403. Selection Boards ........................................................................... 14101

‘‘1405. Promotions .................................................................................... 14301

‘‘1407. Failure of Selection for Promotion and Involuntary Separation 14501

‘‘1409. Continuation of Officers on the Reserve Active-Status List and

Selective Early Removal ................................................ 14701

‘‘1411. Additional Provisions Relating to Involuntary Separation ........... 14901

4 ‘‘CHAPTER 1401—APPLICABILITY AND RESERVE

5 ACTIVE-STATUS LISTS

‘‘Sec.

‘‘14001. Applicability of this part.

‘‘14002. Reserve active-status lists: requirement for each armed force.

‘‘14003. Reserve active-status lists: position of officers on the list.

‘‘14004. Reserve active-status lists: eligibility for Reserve promotion.

‘‘14005. Competitive categories.

‘‘14006. Determination of years in grade.

6 ‘‘§ 14001. Applicability of this part

7 ‘‘This chapter and chapters 1403 through 1411 of

8 this title apply, as appropriate, to all reserve officers of
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1 the Army, Navy, Air Force, and Marine Corps except war2 rant officers.

3 ‘‘§ 14002. Reserve active-status lists: requirement for

4 each armed force

5 ‘‘(a) The Secretary of each military department shall

6 maintain a single list, to be known as the reserve active7 status list, for each armed force under the Secretary’s ju8 risdiction. That list shall include the names of all reserve

9 officers of that armed force who are in an active status

10 other than those on an active-duty list described in section

11 620 of this title or warrant officers (including commis12 sioned warrant officers).

13 ‘‘(b) The reserve active-status list for the Army shall

14 include officers in the Army Reserve and the Army Na15 tional Guard of the United States. The reserve active-sta16 tus list for the Air Force shall include officers in the Air

17 Force Reserve and the Air National Guard of the United

18 States. The Secretary of the Navy shall maintain separate

19 lists for the Naval Reserve and the Marine Corps Reserve.

20 ‘‘§ 14003. Reserve active-status: position of officers on

21 the list

22 ‘‘(a) POSITION ON LIST.—Officers shall be carried on

23 the reserve active-status list of the armed force of which

24 they are members in the order of seniority of the grade

25 in which they are serving in an active status. Officers serv-
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1 ing in the same grade shall be carried in the order of their

2 rank in that grade.

3 ‘‘(b) EFFECT ON POSITION HELD BY REASON OF

4 TEMPORARY APPOINTMENT OR ASSIGNMENT.—An officer

5 whose position on the reserve active-status list results

6 from service under a temporary appointment or in a grade

7 held by reason of assignment to a position has, when that

8 appointment or assignment ends, the grade and position

9 on that list that the officer would have held if the officer

10 had not received that appointment or assignment.

11 ‘‘§ 14004. Reserve active-status lists: eligibility for Re12 serve promotion

13 ‘‘Except as otherwise provided by law, an officer must

14 be on a reserve active-status list to be eligible under chap15 ter 1405 of this title for consideration for selection for

16 promotion or for promotion.

17 ‘‘§ 14005. Competitive categories

18 ‘‘Each officer whose name appears on a reserve ac19 tive-status list shall be placed in a competitive category.

20 The competitive categories for each armed force shall be

21 specified by the Secretary of the military department con22 cerned under regulations prescribed by the Secretary of

23 Defense. Officers in the same competitive category shall

24 compete among themselves for promotion.
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1 ‘‘§ 14006. Determination of years in grade

2 ‘‘For the purpose of chapters 1403 through 1411 of

3 this title, an officer’s years of service in a grade are com4 puted from the officer’s date of rank in grade as deter5 mined under section 741(d) of this title.

6 ‘‘CHAPTER 1403—SELECTION BOARDS

‘‘Sec.

‘‘14101. Convening of selection boards.

‘‘14102. Selection boards: appointment and composition.

‘‘14103. Oath of members.

‘‘14104. Confidentiality of board proceedings.

‘‘14105. Notice of convening of selection board.

‘‘14106. Communication with board by officers under consideration.

‘‘14107. Information furnished by the Secretary concerned to promotion boards.

‘‘14108. Recommendations by promotion boards.

‘‘14109. Reports of promotion boards: in general.

‘‘14110. Reports of promotion boards: review by Secretary.

‘‘14111. Reports of selection boards: transmittal to President.

‘‘14112. Dissemination of names of officers selected.

7 ‘‘§ 14101. Convening of selection boards

8 ‘‘(a) PROMOTION BOARDS.—(1) Whenever the needs

9 of the Army, Navy, Air Force, or Marine Corps require,

10 the Secretary concerned shall convene a selection board

11 to recommend for promotion to the next higher grade,

12 under chapter 1405 of this title, officers on the reserve

13 active-status list of that armed force in a permanent grade

14 from first lieutenant through brigadier general or, in the

15 case of the Naval Reserve, lieutenant (junior grade)

16 through rear admiral (lower half). A selection board con17 vened under this subsection shall be known as a ‘pro18 motion board’.
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1 ‘‘(2) A promotion board convened to recommend re2 serve officers of the Army or reserve officers of the Air

3 Force for promotion (A) to fill a position vacancy under

4 section 14315 of this title, or (B) to the grade of brigadier

5 general or major general, shall (except in the case of a

6 board convened to consider officers as provided in section

7 14301(e) of this title) be known as a ‘vacancy promotion

8 board’. Any other promotion board convened under this

9 subsection shall be known as a ‘mandatory promotion

10 board’.

11 ‘‘(b) CONTINUATION BOARDS.—Whenever the needs

12 of the Army, Navy, Air Force, or Marine Corps require,

13 the Secretary concerned may convene a selection board to

14 recommend officers of that armed force—

15 ‘‘(1) for continuation on the reserve active-sta16 tus list under section 14701 of this title;

17 ‘‘(2) for selective early removal from the reserve

18 active-status list under section 14704 of this title; or

19 ‘‘(3) for selective early retirement under section

20 14705 of this title.

21 A selection board convened under this subsection shall be

22 known as a ‘continuation board’.
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1 ‘‘§ 14102. Selection boards: appointment and com2 position

3 ‘‘(a) APPOINTMENT.—Members of selection boards

4 convened under section 14101 shall be appointed by the

5 Secretary of the military department concerned in accord6 ance with this section. Promotion boards and special selec7 tion boards shall consist of five or more officers. Continu8 ation boards shall consist of three or more officers. All

9 of the officers of any such selection board shall be of the

10 same armed force as the officers under consideration by

11 the board.

12 ‘‘(b) COMPOSITION.—At least one-half of the mem13 bers of such a selection board shall be reserve officers, to

14 include at least one reserve officer from each reserve com15 ponent from which officers are to be considered by the

16 board. Each member of a selection board must hold a per17 manent grade higher than the grade of the officers under

18 consideration by the board, and no member of a board

19 may hold a grade below major or lieutenant commander.

20 ‘‘(c) REPRESENTATION OF COMPETITIVE CAT21 EGORIES.—(1) Except as provided in paragraph (2), a se22 lection board shall include at least one officer from each

23 competitive category of officers to be considered by the

24 board.

25 ‘‘(2) A selection board need not include an officer

26 from a competitive category to be considered by the board
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1 if there is no officer of that competitive category on the

2 reserve active-status list or the active-duty list in a perma3 nent grade higher than the grade of the officers to be con4 sidered by the board and otherwise eligible to serve on the

5 board. However, in such a case, the Secretary of the mili6 tary department concerned, in his discretion, may appoint

7 as a member of the board a retired officer of that competi8 tive category who is in the same armed force as the offi9 cers under consideration by the board who holds a higher

10 grade than the grade of the officers under consideration.

11 ‘‘(d) PROHIBITION OF SERVICE ON CONSECUTIVE

12 PROMOTION BOARDS.—No officer may be a member of

13 two successive promotion boards convened under section

14 14101(a) of this title for the consideration of officers of

15 the same competitive category and grade if the second of

16 the two boards is to consider any officer who was consid17 ered and not recommended for promotion to the next

18 higher grade by the first of the two boards.

19 ‘‘§ 14103. Oath of members

20 ‘‘Each member of a selection board convened under

21 section 14101 of this title shall take an oath to perform

22 the duties of a member of the board without prejudice or

23 partiality, having in view both the special fitness of offi24 cers and the efficiency of the member’s armed force.
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1 ‘‘§ 14104. Confidentiality of board proceedings

2 ‘‘Except as otherwise authorized or required by law,

3 the proceedings of a selection board convened under sec4 tion 14101 of this title may not be disclosed to any person

5 not a member of the board.

6 ‘‘§ 14105. Notice of convening of promotion board

7 ‘‘(a) REQUIRED NOTICE.—At least 30 days before a

8 promotion board is convened under section 14101(a) of

9 this title to consider officers in a grade and competitive

10 category for promotion to the next higher grade, the Sec11 retary concerned shall either (1) notify in writing the offi12 cers eligible for consideration by the board for promotion

13 regarding the convening of the board, or (2) issue a gen14 eral written notice to the armed force concerned regarding

15 the convening of the board.

16 ‘‘(b) CONTENT OF NOTICE.—A notice under sub17 section (a) shall include the date on which the board is

18 to convene and (except in the case of a vacancy promotion

19 board) the name and date of rank of the junior officer,

20 and of the senior officer, in the promotion zone as of the

21 date of the notice.

22 ‘‘§ 14106. Communication with board by officers

23 under consideration

24 ‘‘Subject to regulations prescribed by the Secretary

25 of the military department concerned, an officer eligible

26 for consideration by a promotion board convened under
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1 section 14101(a) of this title who is in the promotion zone

2 or above the promotion zone, or who is to be considered

3 by a vacancy promotion board, may send a written com4 munication to the board calling attention to any matter

5 concerning the officer which the officer considers impor6 tant to the officer’s case. Any such communication shall

7 be sent so as to arrive not later than the date on which

8 the board convenes. The board shall give consideration to

9 any timely communication under this section.

10 ‘‘§ 14107. Information furnished by the Secretary con11 cerned to promotion boards

12 ‘‘(a) INTEGRITY OF THE PROMOTION SELECTION

13 BOARD PROCESS.—(1) The Secretary of Defense shall

14 prescribe regulations governing information furnished to

15 selection boards convened under section 14101(a) of this

16 title. Those regulations shall apply uniformly among the

17 military departments. Any regulations prescribed by the

18 Secretary of a military department to supplement those

19 regulations may not take effect without the approval of

20 the Secretary of Defense in writing.

21 ‘‘(2) No information concerning a particular eligible

22 officer may be furnished to a selection board except for

23 the following:

24 ‘‘(A) Information that is in the officer’s official

25 military personnel file and that is provided to the se-
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1 lection board in accordance with the regulations pre2 scribed by the Secretary of Defense pursuant to

3 paragraph (1).

4 ‘‘(B) Other information that is determined by

5 the Secretary of the military department concerned,

6 after review by that Secretary in accordance with

7 standards and procedures set out in the regulations

8 prescribed by the Secretary of Defense pursuant to

9 paragraph (1), to be substantiated, relevant informa10 tion that could reasonably and materially affect the

11 deliberations of the promotion board.

12 ‘‘(C) Subject to such limitations as may be pre13 scribed in those regulations, information commu14 nicated to the board by the officer in accordance

15 with this section, section 14106 of this title (includ16 ing any comment on information referred to in sub17 paragraph (A) regarding that officer), or other

18 applicable law.

19 ‘‘(D) A factual summary of the information de20 scribed in subparagraphs (A), (B), and (C) that, in

21 accordance with the regulations prescribed pursuant

22 to paragraph (1) is prepared by administrative per23 sonnel for the purpose of facilitating the work of the

24 selection board.
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1 ‘‘(3) Information provided to a promotion board in

2 accordance with paragraph (2) shall be made available to

3 all members of the board and shall be made a part of the

4 record of the board. Communication of such information

5 shall be in a written form or in the form of an audio or

6 video recording. If a communication is in the form of an

7 audio or video recording, a written transcription of the re8 cording shall also be made a part of the record of the pro9 motion board.

10 ‘‘(4) Paragraphs (2) and (3) do not apply to the fur11 nishing of appropriate administrative processing informa12 tion to the promotion board by an administrative staff des13 ignated to assist the board, but only to the extent that

14 oral communications are necessary to facilitate the work

15 of the board.

16 ‘‘(5) Information furnished to a promotion board that

17 is described in subparagraph (B), (C), or (D) of paragraph

18 (2) may not be furnished to a later promotion board un19 less—

20 ‘‘(A) the information has been properly placed

21 in the official military personnel file of the officer

22 concerned; or

23 ‘‘(B) the information is provided to the later se24 lection board in accordance with paragraph (2).
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1 ‘‘(6)(A) Before information described in paragraph

2 (2)(B) regarding an eligible officer is furnished to a selec3 tion board, the Secretary of the military department con4 cerned shall ensure—

5 ‘‘(i) that such information is made available to

6 such officer; and

7 ‘‘(ii) that the officer is afforded a reasonable

8 opportunity to submit comments on that information

9 to the promotion board.

10 ‘‘(B) If an officer cannot be given access to the infor11 mation referred to in subparagraph (A) because of its clas12 sification status, the officer shall, to the maximum extent

13 practicable, be furnished an appropriate summary of the

14 information.

15 ‘‘(b) INFORMATION TO BE FURNISHED.—The Sec16 retary of the military department concerned shall furnish

17 to a promotion board convened under section 14101(a) of

18 this title the following:

19 ‘‘(1) In the case of a mandatory promotion

20 board, the maximum number (as determined in ac21 cordance with section 14307 of this title) of officers

22 in each competitive category under consideration

23 that the board is authorized to recommend for pro24 motion to the next higher grade.
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1 ‘‘(2) The name of each officer in each competi2 tive category under consideration who is to be con3 sidered by the board for promotion.

4 ‘‘(3) The pertinent records (as determined by

5 the Secretary) of each officer whose name is fur6 nished to the board.

7 ‘‘(4) Information or guidelines relating to the

8 needs of the armed force concerned for officers hav9 ing particular skills, including (except in the case of

10 a vacancy promotion board) guidelines or informa11 tion relating to either a minimum number or a maxi12 mum number of officers with particular skills within

13 a competitive category.

14 ‘‘(5) Such other information or guidelines as

15 the Secretary concerned may determine to be nec16 essary to enable the board to perform its functions.

17 ‘‘(c) LIMITATION ON MODIFYING FURNISHED INFOR18 MATION.—Information or guidelines furnished to a selec19 tion board under subsection (a) may not be modified, with20 drawn, or supplemented after the board submits its report

21 to the Secretary of the military department concerned pur22 suant to section 14109(a) of this title. However, in the

23 case of a report returned to a board pursuant to section

24 14110(a) of this title for further proceedings because of

25 a determination by the Secretary of the military depart-
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1 ment concerned that the board acted contrary to law, reg2 ulation, or guidelines, the Secretary may modify, with3 draw, or supplement such information or guidelines as

4 part of a written explanation to the board as provided in

5 that section.

6 ‘‘(d) OFFICERS IN HEALTH-PROFESSIONS COMPETI7 TIVE CATEGORIES.—The Secretary of each military de8 partment, under uniform regulations prescribed by the

9 Secretary of Defense, shall include in guidelines furnished

10 to a promotion board convened under section 14101(a) of

11 this title that is considering officers in a health-professions

12 competitive category for promotion to a grade below colo13 nel or, in the case of officers of the Naval Reserve, cap14 tain, a direction that the board give consideration to an

15 officer’s clinical proficiency and skill as a health profes16 sional to at least as great an extent as the board gives

17 to the officer’s administrative and management skills.

18 ‘‘§ 14108. Recommendations by promotion boards

19 ‘‘(a) RECOMMENDATION OF BEST QUALIFIED OFFI20 CERS.—A promotion board convened under section

21 14101(a) of this title shall recommend for promotion to

22 the next higher grade those officers considered by the

23 board whom the board considers best qualified for pro24 motion within each competitive category considered by the

25 board or, in the case of a vacancy promotion board, among
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1 those officers considered to fill a vacancy. In determining

2 those officers who are best qualified for promotion, the

3 board shall give due consideration to the needs of the

4 armed force concerned for officers with particular skills

5 (as noted in the guidelines or information furnished the

6 board under sections 14107 of this title).

7 ‘‘(b) MAJORITY REQUIRED.—A promotion board con8 vened under section 14101(a) of this title may not rec9 ommend an officer for promotion unless—

10 ‘‘(1) the officer receives the recommendation of

11 a majority of the members of the board; and

12 ‘‘(2) a majority of the members of the board

13 finds that the officer is fully qualified for promotion.

14 ‘‘(c) BOARD RECOMMENDATION REQUIRED FOR PRO15 MOTION.—Except as otherwise provided by law, an officer

16 on the reserve active-status list may not be promoted to

17 a higher grade under chapter 1405 of this title unless the

18 officer is considered and recommended for promotion to

19 that grade by a promotion board convened under section

20 14101(a) of this title (or by a special selection board con21 vened under section 14502 of this title).

22 ‘‘(d) DISCLOSURE OF BOARD RECOMMENDATIONS.—

23 The recommendations of a promotion board may be dis24 closed only in accordance with regulations prescribed by

25 the Secretary of Defense. Those recommendations may
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1 not be disclosed to a person not a member of the board

2 (or a member of the administrative staff designated by

3 the Secretary concerned to assist the board) until the writ4 ten report of the recommendations of the board, required

5 by section 14109 of this title, is signed by each member

6 of the board.

7 ‘‘(e) PROHIBITION OF COERCION AND UNAUTHOR8 IZED INFLUENCE OF ACTIONS OF BOARD MEMBERS.—

9 The Secretary convening a promotion board under section

10 14101(a) of this title, and an officer or other official exer11 cising authority over any member of a selection board,

12 may not—

13 ‘‘(1) censure, reprimand, or admonish the selec14 tion board or any member of the board with respect

15 to the recommendations of the board or the exercise

16 of any lawful function within the authorized discre17 tion of the board; or

18 ‘‘(2) attempt to coerce or, by any unauthorized

19 means, influence any action of a promotion board or

20 any member of a promotion board in the formulation

21 of the board’s recommendations.

22 ‘‘§ 14109. Reports of promotion boards: in general

23 ‘‘(a) REPORT OF OFFICERS RECOMMENDED FOR

24 PROMOTION.—Each promotion board convened under sec25 tion 14101(a) of this title shall submit to the Secretary
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1 of the military department concerned a report in writing

2 containing a list of the names of the officers recommended

3 by the board for promotion. The report shall be signed

4 by each member of the board.

5 ‘‘(b) CERTIFICATION.—Each report under subsection

6 (a) shall include a certification—

7 ‘‘(1) that the board has carefully considered the

8 record of each officer whose name was furnished to

9 the board; and

10 ‘‘(2) that, in the case of a promotion board con11 vened under section 14101(a) of this title, in the

12 opinion of a majority of the members of the board,

13 the officers recommended for promotion by the

14 board are best qualified for promotion to meet the

15 needs of the armed force concerned (as noted in the

16 guidelines or information furnished the board under

17 section 14107 of this title) among those officers

18 whose names were furnished to the selection board.

19 ‘‘(c) SHOW-CAUSE RECOMMENDATIONS.—(1) A pro20 motion board convened under section 14101(a) of this title

21 shall include in its report to the Secretary concerned the

22 name of any reserve officer before it for consideration for

23 promotion whose record, in the opinion of a majority of

24 the members of the board, indicates that the officer should

25 be required to show cause for retention in an active status.
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1 ‘‘(2) If such a report names an officer as having a

2 record which indicates that the officer should be required

3 to show cause for retention, the Secretary concerned may

4 provide for the review of the record of that officer as pro5 vided under regulations prescribed under section 14902 of

6 this title.

7 ‘‘§ 14110. Reports of promotion boards: review by Sec8 retary

9 ‘‘(a) REVIEW OF REPORT.—Upon receipt of the re10 port of a promotion board submitted under section

11 14109(a) of this title, the Secretary of the military depart12 ment concerned shall review the report to determine

13 whether the board has acted contrary to law or regulation

14 or to guidelines furnished the board under section

15 14107(a) of this title. Following that review, unless the

16 Secretary concerned makes a determination as described

17 in subsection (b), the Secretary shall submit the report

18 as required by section 14111 of this title.

19 ‘‘(b) RETURN OF REPORT FOR FURTHER PROCEED20 INGS.—If, on the basis of a review of the report under

21 subsection (a), the Secretary of the military department

22 concerned determines that the board acted contrary to law

23 or regulation or to guidelines furnished the board under

24 section 14107(a) of this title, the Secretary shall return

25 the report, together with a written explanation of the basis
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1 for such determination, to the board for further proceed2 ings. Upon receipt of a report returned by the Secretary

3 concerned under this subsection, the selection board (or

4 a subsequent selection board convened under section

5 14101(a) of this title for the same grade and competitive

6 category) shall conduct such proceedings as may be nec7 essary in order to revise the report to be consistent with

8 law, regulation, and such guidelines and shall resubmit the

9 report, as revised, to the Secretary in accordance with sec10 tion 14109 of this title.

11 ‘‘§ 14111. Reports of selection boards: transmittal to

12 President

13 ‘‘(a) TRANSMITTAL TO PRESIDENT.—The Secretary

14 concerned, after final review of the report of a selection

15 board under section 14110 of this title, shall submit the

16 report with the Secretary’s recommendations, to the Sec17 retary of Defense for transmittal by the Secretary to the

18 President for approval or disapproval. If the authority of

19 the President to approve or disapprove the report of a pro20 motion board is delegated to the Secretary of Defense,

21 that authority may not be redelegated except to an official

22 in the Office of the Secretary of Defense.

23 ‘‘(b) REMOVAL OF NAME FROM BOARD REPORT.—

24 The name of an officer recommended for promotion by
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1 a selection board may be removed from the report of the

2 selection board only by the President.

3 ‘‘(c) RECOMMENDATIONS FOR REMOVAL OF SE4 LECTED OFFICERS FROM REPORT.—If the Secretary of

5 a military department or the Secretary of Defense makes

6 a recommendation under this section that the name of an

7 officer be removed from the report of a promotion board

8 and the recommendation is accompanied by information

9 that was not presented to that promotion board, that in10 formation shall be made available to that officer. The offi11 cer shall then be afforded a reasonable opportunity to sub12 mit comments on that information to the officials making

13 the recommendation and the officials reviewing the rec14 ommendation. If an eligible officer cannot be given access

15 to such information because of its classification status, the

16 officer shall, to the maximum extent practicable, be pro17 vided with an appropriate summary of the information.

18 ‘‘§ 14112. Dissemination of names of officers selected

19 ‘‘Upon approval by the President of the report of a

20 promotion board, the names of the officers recommended

21 for promotion by the promotion board (other than any

22 name removed by the President) may be disseminated to

23 the armed force concerned. If those names have not been

24 sooner disseminated, those names (other than the name

25 of any officer whose promotion the Senate failed to con-
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1 firm) shall be promptly disseminated to the armed force

2 concerned upon confirmation by the Senate.

3 ‘‘CHAPTER 1405—PROMOTIONS

‘‘Sec.

‘‘14301. Eligibility for consideration for promotion: general rules.

‘‘14302. Promotion zones.

‘‘14303. Eligibility for consideration for promotion: minimum years of service

in grade.

‘‘14304. Eligibility for consideration for promotion: maximum years of service

in grade.

‘‘14305. Establishment of promotion zones: mandatory consideration for promotion.

‘‘14306. Establishment of promotion zones: Naval Reserve and Marine Corps

Reserve running mate system.

‘‘14307. Numbers of officers to be recommended for promotion.

‘‘14308. Promotions: how made.

‘‘14309. Acceptance of promotion: oath of office.

‘‘14310. Removal of officers from a list of officers recommended for promotion.

‘‘14311. Delay of promotion: involuntary.

‘‘14312. Delay of promotion: voluntary.

‘‘14313. Authority to vacate promotions to grade of brigadier general or rear

admiral (lower half).

‘‘14314. Army and Air Force commissioned officers: generals ceasing to occupy

positions commensurate with grade; state adjutants general.

‘‘14315. Position vacancy promotions: Army and Air Force officers.

‘‘14316. Army National Guard and Air National Guard: appointment to and

Federal recognition in a higher reserve grade after selection for

promotion.

‘‘14317. Officers in transition to and from the active-status list or active-duty

list.

4 ‘‘§ 14301. Eligibility for consideration for promotion:

5 general rules

6 ‘‘(a) ONE-YEAR RULE.—An officer is eligible under

7 this chapter for consideration for promotion by a pro8 motion board convened under section 14101(a) of this title

9 only if—

10 ‘‘(1) the officer is on the reserve active-status

11 list of the Army, Navy, Air Force, or Marine Corps;

12 and
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1 ‘‘(2) during the one-year period ending on the

2 date of the convening of the promotion board the of3 ficer has continuously performed service on either

4 the reserve active-status list or the active-duty list

5 (or on a combination of both lists).

6 ‘‘(b) REQUIREMENT FOR CONSIDERATION OF ALL

7 OFFICERS IN AND ABOVE THE ZONE.—Whenever a pro8 motion board (other than a vacancy promotion board) is

9 convened under section 14101(a) of this title for consider10 ation of officers in a competitive category who are eligible

11 under this chapter for consideration for promotion to the

12 next higher grade, each officer in the promotion zone, and

13 each officer above the promotion zone, for that grade and

14 competitive category shall be considered for promotion.

15 ‘‘(c) PREVIOUSLY SELECTED OFFICERS NOT ELIGI16 BLE TO BE CONSIDERED.—A promotion board convened

17 under section 14101(a) of this title may not consider for

18 promotion to the next higher grade—

19 ‘‘(1) an officer whose name is on a promotion

20 list for that grade as a result of recommendation for

21 promotion to that grade by an earlier selection board

22 convened under that section or section 14502 of this

23 title or under chapter 36 of this title;

24 ‘‘(2) an officer who has been approved for Fed25 eral recognition by a board convened under section
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1 307 of title 32 and nominated by the President for

2 promotion to the next higher grade as a reserve of

3 the Army or of the Air Force as the case may be;

4 or

5 ‘‘(3) an officer who has been nominated by the

6 President for promotion to the next higher grade

7 under any other provision of law.

8 ‘‘(d) OFFICERS BELOW THE ZONE.—The Secretary

9 of the military department concerned may, by regulation,

10 prescribe procedures to limit the officers to be considered

11 by a selection board from below the promotion zone to

12 those officers who are determined to be exceptionally well

13 qualified for promotion. The regulations shall include cri14 teria for determining which officers below the promotion

15 zone are exceptionally well qualified for promotion.

16 ‘‘(e) RESERVE OFFICERS OF THE ARMY; CONSIDER17 ATION FOR BRIGADIER GENERAL AND MAJOR GEN18 ERAL.—In the case of officers of the Army, if the Sec19 retary of the Army determines that vacancies are author20 ized or anticipated in the reserve grades of major general

21 or brigadier general for officers who are on the reserve

22 active-status list and who are not assigned to units orga23 nized to serve as a unit and the Secretary convenes a man24 datory promotion board under section 14101(a) of this

25 title to consider officers for promotion to fill such vacan-
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1 cies, the Secretary may limit the officers to be considered

2 by that board to those determined to be exceptionally well

3 qualified for promotion under such criteria and procedures

4 as the Secretary may by regulation prescribe.

5 ‘‘(f) CERTAIN RESERVE OFFICERS OF THE AIR

6 FORCE.—A reserve officer of the Air Force who (1) is in

7 the Air National Guard of the United States and holds

8 the grade of lieutenant colonel, colonel, or brigadier gen9 eral, or (2) is in the Air Force Reserve and holds the grade

10 of colonel or brigadier general, is not eligible for consider11 ation for promotion by a mandatory promotion board con12 vened under section 14101(a) of this title.

13 ‘‘(g) NONCONSIDERATION OF OFFICERS SCHEDULED

14 FOR REMOVAL FROM RESERVE ACTIVE-STATUS LIST.—

15 The Secretary of the military department concerned may,

16 by regulation, provide for the exclusion from consideration

17 for promotion by a promotion board of any officer other18 wise eligible to be considered by the board who has an

19 established date for removal from the reserve active-status

20 list that is not more than 90 days after the date on which

21 the selection board for which the officer would otherwise

22 be eligible is to be convened.

23 ‘‘§ 14302. Promotion zones

24 ‘‘(a) PROMOTION ZONES GENERALLY.—For purposes

25 of this chapter, a promotion zone is an eligibility category
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1 for the consideration of officers by a mandatory promotion

2 board. A promotion zone consists of those officers on the

3 reserve active-status list who are in the same grade and

4 competitive category and who meet the requirements of

5 both paragraphs (1) and (2) or the requirements of para6 graph (3), as follows:

7 ‘‘(1)(A) In the case of officers in grades below

8 colonel, for reserve officers of the Army, Air Force,

9 and Marine Corps, or captain, for officers of the

10 Naval Reserve, those who have neither (i) failed of

11 selection for promotion to the next higher grade, nor

12 (ii) been removed from a list of officers rec13 ommended for promotion to that grade.

14 ‘‘(B) In the case of officers in the grade of colo15 nel or brigadier general, for reserve officers of the

16 Army and Marine Corps, or in the grade of captain

17 or rear admiral (lower half), for reserve officers of

18 the Navy, those who have neither (i) been rec19 ommended for promotion to the next higher grade

20 when considered in the promotion zone, nor (ii) been

21 removed from a list of officers recommended for pro22 motion to that grade.

23 ‘‘(2) Those officers who are senior to the officer

24 designated by the Secretary of the military depart25 ment concerned to be the junior officer in the pro-
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1 motion zone eligible for consideration for promotion

2 to the next higher grade and the officer so des3 ignated.

4 ‘‘(3) Those officers who—

5 ‘‘(A) have been selected from below the

6 zone for promotion to the next higher grade or

7 by a vacancy promotion board, but whose

8 names were removed from the list of officers

9 recommended for promotion to that next higher

10 grade resulting from that selection;

11 ‘‘(B) have not failed of selection for pro12 motion to that next higher grade; and

13 ‘‘(C) are senior to the officer designated by

14 the Secretary of the military department con15 cerned to be the junior officer in the promotion

16 zone eligible for consideration for promotion

17 to that next higher grade and the officer so

18 designated.

19 ‘‘(b) OFFICERS ABOVE THE ZONE.—Officers on the

20 reserve active-status list are considered to be above the

21 promotion zone for a grade and competitive category if

22 they—

23 ‘‘(1) are eligible for consideration for promotion

24 to the next higher grade;
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1 ‘‘(2) are in the same grade as those officers in

2 the promotion zone for that competitive category;

3 and

4 ‘‘(3) are senior to the senior officer in the pro5 motion zone for that competitive category.

6 ‘‘(c) OFFICERS BELOW THE ZONE.—Officers on the

7 reserve active-status list are considered to be below the

8 promotion zone for a grade and competitive category if

9 they—

10 ‘‘(1) are eligible for consideration for promotion

11 to the next higher grade;

12 ‘‘(2) are in the same grade as those officers in

13 the promotion zone for that competitive category;

14 and

15 ‘‘(3) are junior to the junior officer in the pro16 motion zone for that competitive category.

17 ‘‘§ 14303. Eligibility for consideration for promotion:

18 minimum years of service in grade

19 ‘‘(a) OFFICERS IN PAY GRADES O–1 AND O–2.—An

20 officer who is on the reserve active-status list of the Army,

21 Navy, Air Force, or Marine Corps and holds a permanent

22 appointment in the grade of second lieutenant or first lieu23 tenant as a reserve officer of the Army, Air Force, or Ma24 rine Corps, or in the grade of ensign or lieutenant (junior

25 grade) as a reserve officer of the Navy, may not be pro-
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1 moted to the next higher grade, or granted Federal rec2 ognition in that grade, until the officer has completed the

3 following years of service in grade:

4 ‘‘(1) Eighteen months, in the case of an officer

5 holding a permanent appointment in the grade of

6 second lieutenant or ensign.

7 ‘‘(2) Two years, in the case of an officer hold8 ing a permanent appointment in the grade of first

9 lieutenant or lieutenant (junior grade).

10 ‘‘(b) OFFICERS IN PAY GRADES O–3 AND ABOVE.—

11 Subject to subsection (d), an officer who is on the reserve

12 active-status list of the Army, Air Force, or Marine Corps

13 and holds a permanent appointment in a grade above first

14 lieutenant, or who is on the reserve active-status list of

15 the Navy in a grade above lieutenant (junior grade), may

16 not be considered for selection for promotion to the next

17 higher grade, or examined for Federal recognition in the

18 next higher grade, until the officer has completed the fol19 lowing years of service in grade:

20 ‘‘(1) Three years, in the case of an officer of

21 the Army, Air Force, or Marine Corps holding a per22 manent appointment in the grade of captain, major,

23 or lieutenant colonel or in the case of a reserve of24 ficer of the Navy holding a permanent appoint-
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1 ment in the grade of lieutenant, lieutenant com2 mander, or commander.

3 ‘‘(2) One year, in the case of an officer of the

4 Army, Air Force, or Marine Corps holding a perma5 nent appointment in the grade of colonel or briga6 dier general or in the case of a reserve officer of the

7 Navy holding a permanent appointment in the grade

8 of captain or rear admiral (lower half).

9 This subsection does not apply to an adjutant general or

10 assistant adjutant general of a State or to an appointment

11 in a higher grade which is based upon a specific provision

12 of law.

13 ‘‘(c) AUTHORITY TO LENGTHEN MINIMUM PERIOD

14 IN GRADE.—The Secretary concerned may prescribe a pe15 riod of service in grade for eligibility for promotion, in the

16 case of officers to whom subsection (a) applies, or for eligi17 bility for consideration for promotion, in the case of offi18 cers to whom subsection (b) applies, that is longer than

19 the applicable period specified in that subsection.

20 ‘‘(d) WAIVERS TO ENSURE TWO BELOW-THE-ZONE

21 CONSIDERATIONS.—Subject to section 14307(b) of this

22 title, the Secretary of the military department concerned

23 may waive subsection (b) to the extent necessary to ensure

24 that officers described in paragraph (1) of that subsection

25 have at least two opportunities for consideration for pro-
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1 motion to the next higher grade as officers below the pro2 motion zone.

3 ‘‘§ 14304. Eligibility for consideration for promotion:

4 maximum years of service in grade

5 ‘‘(a) CONSIDERATION FOR PROMOTION WITHIN

6 SPECIFIED TIMES.—(1) Officers described in paragraph

7 (3) shall be placed in the promotion zone for that officer’s

8 grade and competitive category, and shall be considered

9 for promotion to the next higher grade by a promotion

10 board convened under section 14101(a) of this title, far

11 enough in advance of completing the years of service in

12 grade specified in the following table so that, if the officer

13 is recommended for promotion, the promotion may be ef14 fective on or before the date on which the officer will com15 plete those years of service.

Maximum years of

‘‘Current Grade service in grade

‘‘First lieutenant or Lieutenant (junior grade) ................ 5 years

‘‘Captain or Navy Lieutenant ........................................... 7 years

‘‘Major or Lieutenant commander .................................... 7 years

16 ‘‘(2) Paragraph (1) is subject to subsections (a), (b),

17 and (c) of section 14301 of this title and applies without

18 regard to vacancies.

19 ‘‘(3) Paragraph (1) applies to an officer who is on

20 the reserve active-status list of the Army, Navy, Air Force,

21 or Marine Corps and who holds a permanent appointment

22 in the grade of first lieutenant, captain, or major as a

23 reserve of the Army, Air Force, or Marine Corps, or to
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1 an officer on the reserve active-status list of the Navy in

2 the grade of lieutenant (junior grade), lieutenant, or lieu3 tenant commander as a reserve of the Navy, and who,

4 while holding that appointment, has not been considered

5 by a selection board convened under section 14101(a) or

6 14502 of this title for promotion to the next higher grade.

7 ‘‘(b) PROMOTION DATE.—An officer holding a per8 manent grade specified in the table in subsection (a) who

9 is recommended for promotion to the next higher grade

10 by a selection board the first time the officer is considered

11 for promotion while in or above the promotion zone and

12 who is placed on an approved promotion list established

13 under section 14308(a) of this title shall (if not promoted

14 sooner or removed from that list by the President or by

15 reason of declination) be promoted, without regard to the

16 existence of a vacancy, on the date on which the officer

17 completes the maximum years of service in grade specified

18 in subsection (a). The preceding sentence is subject to the

19 limitations of section 12011 of this title.

20 ‘‘(c) WAIVER AUTHORITY FOR NAVY AND MARINE

21 CORPS RUNNING MATE SYSTEM.—If the Secretary of the

22 Navy establishes promotion zones for officers on the re23 serve active-status list of the Navy or the Marine Corps

24 Reserve in accordance with a running mate system under

25 section 14306 of this title, the Secretary may waive the
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1 requirements of subsection (a) to the extent the Secretary

2 considers necessary in any case in which the years of serv3 ice for promotion, or for consideration for promotion,

4 within those zones will exceed the maximum years of serv5 ice in grade specified in subsection (a).

6 ‘‘§ 14305. Establishment of promotion zones: manda7 tory consideration for promotion

8 ‘‘(a) ESTABLISHMENT OF ZONE.—Before convening

9 a mandatory promotion board under section 14101(a) of

10 this title, the Secretary of the military department con11 cerned shall establish a promotion zone for officers serving

12 in each grade and competitive category to be considered

13 by the board.

14 ‘‘(b) NUMBER IN THE ZONE.—The Secretary con15 cerned shall determine the number of officers in the pro16 motion zone for officers serving in any grade and competi17 tive category from among officers who are eligible for pro18 motion in that grade and competitive category under the

19 provisions of sections 14303 and 14304 of this title and

20 who are otherwise eligible for promotion.

21 ‘‘(c) FACTORS IN DETERMINING NUMBER IN THE

22 ZONE.—The Secretary’s determination under subsection

23 (b) shall be made on the basis of an estimate of the fol24 lowing:
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1 ‘‘(1) The number of officers needed in that

2 competitive category in the next higher grade in

3 each of the next five years.

4 ‘‘(2) In the case of a promotion zone for offi5 cers to be promoted to a grade to which the maxi6 mum years of in grade criteria established in section

7 14304 of this title apply, the number of officers in

8 that competitive category who are required to be

9 considered for selection for promotion to the next

10 higher grade under that section.

11 ‘‘(3) The number of officers that should be

12 placed in the promotion zone in each of the next five

13 years to provide to officers in those years relatively

14 similar opportunities for promotion.

15 ‘‘§ 14306. Establishment of promotion zones: Naval

16 Reserve and Marine Corps Reserve run17 ning mate system

18 ‘‘(a) AUTHORITY OF SECRETARY OF THE NAVY.—

19 The Secretary of the Navy may by regulation implement

20 section 14305 of this title by requiring that the promotion

21 zone for consideration of officers on the reserve active-sta22 tus list of the Navy or the Marine Corps for promotion

23 to the next higher grade be determined in accordance with

24 a running mate system as provided in subsection (b).
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1 ‘‘(b) ASSIGNMENT OF RUNNING MATES.—An officer

2 to whom a running mate system applies shall be assigned

3 as a running mate an officer of the same grade on the

4 active-duty list of the same armed force. The officer on

5 the reserve active-status list is in the promotion zone and

6 is eligible for consideration for promotion to the next high7 er grade by a selection board convened under section

8 14101(a) of this title when that officer’s running mate is

9 in or above the promotion zone established for that offi10 cer’s grade under chapter 36 of this title.

11 ‘‘(c) CONSIDERATION OF OFFICERS BELOW THE

12 ZONE UNDER A RUNNING MATE SYSTEM.—If the Sec13 retary of the Navy authorizes the selection of officers for

14 promotion from below the promotion zone in accordance

15 with section 14307 of this title, the number of officers to

16 be considered from below the zone may be established

17 through the application of the running mate system or

18 otherwise as the Secretary determines to be appropriate

19 to meet the needs of the Navy or Marine Corps.

20 ‘‘§ 14307. Number of officers to be recommended for

21 promotion

22 ‘‘(a) DETERMINATION OF MAXIMUM NUMBER.—Be23 fore convening a promotion board under section 14101(a)

24 of this title for a grade and competitive category (other

25 than a vacancy promotion board), the Secretary of the
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1 military department concerned, under regulations pre2 scribed by the Secretary of Defense, shall determine the

3 maximum number of officers in that grade and competi4 tive category that the board may recommend for pro5 motion. The Secretary shall make the determination under

6 the preceding sentence of the maximum number that may

7 be recommended with a view to having on the reserve ac8 tive-status list a sufficient number of officers in each

9 grade and competitive category to meet the needs of the

10 armed force concerned for officers on that list. In order

11 to make that determination, the Secretary shall determine

12 (1) the number of positions needed to accomplish mission

13 objectives which require officers of such competitive cat14 egory in the grade to which the board will recommend offi15 cers for promotion, (2) the estimated number of officers

16 needed to fill vacancies in such positions during the period

17 in which it is anticipated that officers selected for pro18 motion will be promoted, (3) the number of officers au19 thorized by the Secretary of the military department con20 cerned to serve on the reserve active-status list in the

21 grade and competitive category under consideration, and

22 (4) any statutory limitation on the number of officers in

23 any grade or category (or combination thereof) authorized

24 to be on the reserve active-status list.
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1 ‘‘(b) BELOW-THE-ZONE SELECTIONS.—(1) The Sec2 retary of the military department concerned may, when

3 the needs of the armed force concerned require, authorize

4 the consideration of officers in the grade of captain, major,

5 or lieutenant colonel on the reserve active-status list of the

6 Army or Air Force, in a grade above first lieutenant on

7 the reserve active-status list of the Marine Corps, or in

8 a grade above lieutenant (junior grade) on the reserve ac9 tive-status list of the Navy, for promotion to the next high10 er grade from below the promotion zone.

11 ‘‘(2) When selection from below the promotion zone

12 is authorized, the Secretary shall establish the number of

13 officers that may be recommended for promotion from

14 below the promotion zone in each competitive category to

15 be considered. That number may not exceed the number

16 equal to 10 percent of the maximum number of officers

17 that the board is authorized to recommend for promotion

18 in such competitive category, except that the Secretary of

19 Defense may authorize a greater number, not to exceed

20 15 percent of the total number of officers that the board

21 is authorized to recommend for promotion, if the Sec22 retary of Defense determines that the needs of the armed

23 force concerned so require. If the maximum number deter24 mined under this paragraph is less than one, the board
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1 may recommend one officer for promotion from below the

2 promotion zone.

3 ‘‘(3) The number of officers recommended for pro4 motion from below the promotion zone does not increase

5 the maximum number of officers that the board is author6 ized to recommend for promotion under subsection (a).

7 ‘‘§ 14308. Promotions: how made

8 ‘‘(a) PROMOTION LIST.—When the report of a selec9 tion board convened under section 14101(a) or 14502 of

10 this title is approved by the President, the Secretary of

11 the military department concerned shall place the names

12 of all officers selected for promotion within a competitive

13 category on a single list for that competitive category, to

14 be known as a promotion list, in the order of seniority

15 of those officers on the reserve active-status list.

16 ‘‘(b) PROMOTION; HOW MADE; ORDER.—(1) Officers

17 on a promotion list for a competitive category shall be pro18 moted in the manner specified in section 12203 of this

19 title.

20 ‘‘(2) Officers on a promotion list for a competitive

21 category shall be promoted to the next higher grade in

22 accordance with regulations prescribed by the Secretary

23 of the military department concerned. Except as provided

24 in section 14311, 14312, or 14502(e) of this title or in

25 subsection (d) or (e), promotions shall be made in the
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1 order in which the names of officers appear on the pro2 motion list and after officers previously selected for pro3 motion in that competitive category have been promoted.

4 ‘‘(3) Officers to be promoted to the grade of first lieu5 tenant or lieutenant (junior grade) shall be promoted in

6 accordance with regulations prescribed by the Secretary

7 of the military department concerned.

8 ‘‘(c) DATE OF RANK.—(1) The date of rank of an

9 officer appointed to a higher grade under this section is

10 determined under section 741(d)(2) of this title.

11 ‘‘(2) Except as specifically authorized by law, a re12 serve officer is not entitled to additional pay or allowances

13 if the effective date of the officer’s promotion is adjusted

14 to reflect a date earlier than the actual date of the officer’s

15 promotion.

16 ‘‘(d) OFFICERS WITH RUNNING MATES.—An officer

17 to whom a running mate system applies under section

18 14306 of this title and who is selected for promotion is

19 eligible for promotion to the grade for which selected when

20 the officer who is that officer’s running mate becomes eli21 gible for promotion under chapter 36 of this title. The ef22 fective date of the promotion of that officer shall be the

23 same as that of the officer’s running mate in the grade

24 to which the running mate is promoted.
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1 ‘‘(e) ARMY RESERVE AND AIR FORCE RESERVE PRO2 MOTIONS TO FILL VACANCIES.—Subject to this section

3 and to section 14311(e) of this title, and under regulations

4 prescribed by the Secretary of the military department

5 concerned—

6 ‘‘(1) an officer in the Army Reserve or the Air

7 Force Reserve who is on a promotion list as a result

8 of selection for promotion by a mandatory promotion

9 board convened under section 14101(a) of this title

10 or a board convened under section 14502 or chapter

11 36 of this title may be promoted at any time to fill

12 a vacancy in a position to which the officer is as13 signed; and

14 ‘‘(2) an officer in the Army Reserve or the Air

15 Force Reserve who is on a promotion list as a result

16 of selection for promotion by a vacancy promotion

17 board convened under section 14101(a) of this title

18 may be promoted at any time to fill the vacancy for

19 which the officer was selected.

20 ‘‘(f) EFFECTIVE DATE OF PROMOTION AFTER FED21 ERAL RECOGNITION.—The effective date of a promotion

22 of a reserve commissioned officer of the Army or the Air

23 Force who is extended Federal recognition in the next

24 higher grade in the Army National Guard or the Air Na25 tional Guard under section 307 or 310 of title 32 shall
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1 be the date on which such Federal recognition in that

2 grade is so extended.

3 ‘‘(g) ARMY AND AIR FORCE GENERAL OFFICER PRO4 MOTIONS.—A reserve officer of the Army who is on a pro5 motion list for promotion to the grade of brigadier general

6 or major general as a result of selection by a vacancy pro7 motion board may be promoted to that grade only to fill

8 a vacancy in that grade in a unit of the Army Reserve

9 that is organized to serve as a unit and that has attained

10 the strength prescribed by the Secretary of the Army. A

11 reserve officer of the Air Force who is on a promotion

12 list for promotion to the grade of brigadier general or

13 major general as a result of selection by a vacancy pro14 motion board may be promoted to that grade only to fill

15 a vacancy in the Air Force Reserve in that grade.

16 ‘‘§ 14309. Acceptance of promotion; oath of office

17 ‘‘(a) ACCEPTANCE.—An officer who is appointed to

18 a higher grade under this chapter shall be considered to

19 have accepted the appointment on the date on which the

20 appointment is made unless the officer expressly declines

21 the appointment or is granted a delay of promotion under

22 section 14312 of this title.

23 ‘‘(b) OATH.—An officer who has served continuously

24 since taking the oath of office prescribed in section 3331
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1 of title 5 is not required to take a new oath upon appoint2 ment to a higher grade under this chapter.

3 ‘‘§ 14310. Removal of officers from a list of officers

4 recommended for promotion

5 ‘‘(a) REMOVAL BY PRESIDENT.—The President may

6 remove the name of any officer from a promotion list at

7 any time before the date on which the officer is promoted.

8 ‘‘(b) REMOVAL FOR WITHHOLDING OF SENATE AD9 VICE AND CONSENT.—If the Senate does not give its ad10 vice and consent to the appointment to the next higher

11 grade of an officer whose name is on a list of officers ap12 proved by the President for promotion (except in the case

13 of promotions to a reserve grade to which appointments

14 may be made by the President alone), the name of that

15 officer shall be removed from the list.

16 ‘‘(c) CONTINUED ELIGIBILITY FOR PROMOTION.—An

17 officer whose name is removed from a list under sub18 section (a) or (b) continues to be eligible for consideration

19 for promotion. If that officer is recommended for pro20 motion by the next selection board convened for that offi21 cer’s grade and competitive category and the officer is pro22 moted, the Secretary of the military department concerned

23 may, upon the promotion, grant the officer the same date

24 of rank, the same effective date for the pay and allowances

25 of the grade to which promoted, and the same position
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1 on the reserve active-status list, as the officer would have

2 had if the officer’s name had not been removed from the

3 list.

4 ‘‘§ 14311. Delay of promotion: involuntary

5 ‘‘(a) DELAY DURING INVESTIGATIONS AND PRO6 CEEDINGS.—(1) Under regulations prescribed by the Sec7 retary of the military department concerned, the appoint8 ment of an officer to a higher grade may be delayed if

9 any of the following applies before the date on which the

10 appointment would otherwise be made:

11 ‘‘(A) Sworn charges against the officer have

12 been received by an officer exercising general court13 martial jurisdiction over the officer and the charges

14 have not been disposed of.

15 ‘‘(B) An investigation is being conducted to de16 termine whether disciplinary action of any kind

17 should be brought against the officer.

18 ‘‘(C) A board of officers has been convened

19 under section 14903 of this title to review the record

20 of the officer.

21 ‘‘(D) A criminal proceeding in a Federal or

22 State court of competent jurisdiction is pending

23 against the officer.

24 ‘‘(2) If disciplinary action is not taken against the

25 officer, if the charges against the officer are withdrawn
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1 or dismissed, if the officer is not separated by the Sec2 retary of the military department concerned as the result

3 of having been required to show cause for retention, or

4 if the officer is acquitted of the charges, as the case may

5 be, then (unless action to delay the officer’s appointment

6 to the higher grade has been taken under subsection (b))

7 the officer shall be retained on the promotion list, list of

8 officers found qualified for Federal recognition, or list of

9 officers nominated by the President to the Senate for ap10 pointment in a higher reserve grade and shall, upon pro11 motion to the next higher grade, have the same date of

12 rank, the same effective date for the pay and allowances

13 of the grade to which promoted, and the same position

14 on the reserve active-status list as the officer would have

15 had if no delay had intervened, unless the Secretary con16 cerned determines that the officer was unqualified for pro17 motion for any part of the delay. If the Secretary makes

18 such a determination, the Secretary may adjust such date

19 of rank, effective date of pay and allowances, and position

20 on the reserve active-status list as the Secretary considers

21 appropriate under the circumstances.

22 ‘‘(b) DELAY FOR LACK OF QUALIFICATIONS.—Under

23 regulations prescribed by the Secretary of the military de24 partment concerned, the appointment of an officer to a

25 higher grade may also be delayed if there is cause to be-
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1 lieve that the officer is mentally, physically, morally, or

2 professionally unqualified to perform the duties of the

3 grade to which selected. If the Secretary concerned later

4 determines that the officer is qualified for promotion to

5 the higher grade, the officer shall be retained on the pro6 motion list, the list of officers found qualified for Federal

7 recognition, or list of officers nominated by the President

8 to the Senate for appointment in a higher reserve grade,

9 and shall, upon promotion to that grade, have the same

10 date of rank, the same effective date for pay and allow11 ances of that grade, and the same position on the reserve

12 active-status list as the officer would have had if no delay

13 had intervened, unless the Secretary concerned determines

14 that the officer was unqualified for promotion for any part

15 of the delay. If the Secretary makes such a determination,

16 the Secretary may adjust such date of rank, effective date

17 of pay and allowances, and position on the reserve active18 status list as the Secretary considers appropriate under

19 the circumstances.

20 ‘‘(c) NOTICE TO OFFICER.—(1) The appointment of

21 an officer to a higher grade may not be delayed under

22 subsection (a) or (b) unless the officer is given written

23 notice of the grounds for the delay. The preceding sen24 tence does not apply if it is impracticable to give the offi25 cer written notice before the date on which the appoint-
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1 ment to the higher grade would otherwise take effect, but

2 in such a case the written notice shall be given as soon

3 as practicable.

4 ‘‘(2) An officer whose promotion is delayed under

5 subsection (a) or (b) shall be given an opportunity to make

6 a written statement to the Secretary of the military de7 partment concerned in response to the action taken. The

8 Secretary shall give consideration to any such statement.

9 ‘‘(d) MAXIMUM LENGTH OF DELAY IN PRO10 MOTION.—The appointment of an officer to a higher grade

11 may not be delayed under subsection (a) or (b) for more

12 than six months after the date on which the officer would

13 otherwise have been promoted unless the Secretary con14 cerned specifies a further period of delay. An officer’s ap15 pointment may not be delayed more than 90 days after

16 final action has been taken in any criminal case against

17 the officer in a Federal or State court of competent juris18 diction or more than 90 days after final action has been

19 taken in any court-martial case against the officer. Except

20 for court action, a promotion may not be delayed more

21 than 18 months after the date on which the officer would

22 otherwise have been promoted.

23 ‘‘(e) DELAY BECAUSE OF LIMITATIONS ON OFFICER

24 STRENGTH IN GRADE OR DUTIES TO WHICH AS25 SIGNED.—(1) Under regulations prescribed by the Sec-
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1 retary of Defense, the promotion of a reserve officer on

2 the reserve active-status list who is serving on active duty,

3 or who is on full-time National Guard duty for administra4 tion of the reserves or the National Guard, to a grade to

5 which the strength limitations of section 12011 of this title

6 apply shall be delayed if necessary to ensure compliance

7 with those strength limitations. The delay shall expire

8 when the Secretary determines that the delay is no longer

9 required to ensure such compliance.

10 ‘‘(2) The promotion of an officer described in para11 graph (1) shall also be delayed while the officer is on duty

12 described in that paragraph unless the Secretary of the

13 military department concerned, under regulations pre14 scribed by the Secretary of Defense, determines that the

15 duty assignment of the officer requires a higher grade

16 than the grade currently held by the officer.

17 ‘‘(3) The date of rank and position on the reserve

18 active-status list of a reserve officer whose promotion to

19 or Federal recognition in the next higher grade was de20 layed under paragraph (1) or (2) solely as the result of

21 the limitations imposed under the regulations prescribed

22 by the Secretary of Defense or contained in section 12011

23 of this title shall be the date on which the officer would

24 have been promoted to or recognized in the higher grade

25 had such limitations not existed.
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1 ‘‘(4) If an officer whose promotion is delayed under

2 paragraph (1) or (2) completes the period of active duty

3 or full-time National Guard duty that the officer is re4 quired by law or regulation to perform as a member of

5 a reserve component, the officer may request release from

6 active duty or full-time National Guard duty. If the re7 quest is granted, the officer’s promotion shall be effective

8 upon the officer’s release from such duty. The date of rank

9 and position on the reserve active-status list of the officer

10 shall be the date the officer would have been promoted

11 to or recognized in the higher grade had the limitations

12 imposed under regulations prescribed by the Secretary of

13 Defense contained in section 12011 of this title not ex14 isted. If an officer whose promotion is delayed under para15 graph (1) or (2) has not completed the period of active

16 duty or full-time National Guard duty that the officer is

17 required by law or regulation to perform as a member of

18 a reserve component, the officer may be retained on active

19 duty or on full-time National Guard duty in the grade in

20 which the officer was serving before the officer’s being

21 found qualified for Federal recognition or the officer’s se22 lection for the promotion until the officer completes that

23 required period of duty.
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1 ‘‘§ 14312. Delay of promotion: voluntary

2 ‘‘(a) AUTHORITY FOR VOLUNTARY DELAYS.—(1)

3 The Secretary of the military department concerned may,

4 by regulation, permit delays of a promotion of an officer

5 who is recommended for promotion by a mandatory selec6 tion board convened under section 14101(a) or a special

7 selection board convened under section 14502 of this title

8 at the request of the officer concerned. Such delays, in

9 the case of any promotion, may extend for any period not

10 to exceed three years from the date on which the officer

11 would otherwise be promoted.

12 ‘‘(2) Regulations under this section shall provide

13 that—

14 ‘‘(A) a request for such a delay of promotion

15 must be submitted by the officer concerned before

16 the delay may be approved; and

17 ‘‘(B) denial of such a request shall not be con18 sidered to be a failure of selection for promotion un19 less the officer declines to accept a promotion under

20 circumstances set forth in subsection (c).

21 ‘‘(b) EFFECT OF APPROVAL OF REQUEST.—If a re22 quest for delay of a promotion under subsection (a) is ap23 proved, the officer’s name shall remain on the promotion

24 list during the authorized period of delay (unless removed

25 under any other provision of law). Upon the end of the

26 period of the authorized delay, or at any time during such
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1 period, the officer may accept the promotion, which shall

2 be effective on the date of acceptance. Such an acceptance

3 of a promotion shall be made in accordance with regula4 tions prescribed under this section.

5 ‘‘(c) EFFECT OF DECLINING A PROMOTION.—An of6 ficer’s name shall be removed from the promotion list and,

7 if the officer is serving in a grade below colonel or, in the

8 case of the Navy, captain, the officer shall be considered

9 to have failed of selection for promotion if any of the

10 following applies:

11 ‘‘(1) The Secretary concerned has not author12 ized voluntary delays of promotion under subsection

13 (a) to the grade concerned and the officer declines

14 to accept an appointment to a higher grade.

15 ‘‘(2) The Secretary concerned has authorized

16 voluntary delays of promotion under subsection (a),

17 but has denied the request of the officer for a delay

18 of promotion and the officer then declines to accept

19 an appointment to a higher grade.

20 ‘‘(3) The Secretary concerned has approved the

21 request of an officer for a delay of promotion and,

22 upon the end of the period of delay authorized in ac23 cordance with regulations prescribed under sub24 section (a), the officer then declines to accept an

25 appointment to a higher grade.
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1 ‘‘§ 14313. Authority to vacate promotions to grade of

2 brigadier general or rear admiral (lower

3 half)

4 ‘‘(a) AUTHORITY.—The President may vacate the ap5 pointment of a reserve officer to the grade of brigadier

6 general or rear admiral (lower half) if the period of time

7 during which the officer has served in that grade after

8 promotion to that grade is less than 18 months.

9 ‘‘(b) EFFECT OF PROMOTION BEING VACATED.—Ex10 cept as provided in subsection (c), an officer whose pro11 motion to the grade of brigadier general is vacated under

12 this section holds the grade of colonel as a reserve of the

13 armed force of which the officer is a member. An officer

14 whose promotion to the grade of rear admiral (lower half)

15 is vacated under this section holds the grade of captain

16 in the Naval Reserve. Upon assuming the lower grade, the

17 officer shall have the same position on the reserve active18 status list as the officer would have had if the officer had

19 not served in the higher grade.

20 ‘‘(c) SPECIAL RULE FOR OFFICERS SERVING AS AD21 JUTANT GENERAL.—In the case of an officer serving as

22 an adjutant general or assistant adjutant general whose

23 promotion to the grade of brigadier general is vacated

24 under this section, the officer then holds the reserve grade

25 held by that officer immediately before the officer’s
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1 appointment as adjutant general or assistant adjutant

2 general.

3 ‘‘§ 14314. Army and Air Force commissioned officers:

4 generals ceasing to occupy positions com5 mensurate with grade; State adjutants

6 general

7 ‘‘(a) GENERAL OFFICERS.—Within 30 days after a

8 reserve officer of the Army or the Air Force on the reserve

9 active-status list in a general officer grade ceases to oc10 cupy a position commensurate with that grade (or com11 mensurate with a higher grade), the Secretary concerned

12 shall transfer or discharge the officer in accordance with

13 whichever of the following the officer elects:

14 ‘‘(1) Transfer the officer in grade to the Re15 tired Reserve, if the officer is qualified and applies

16 for the transfer.

17 ‘‘(2) Transfer the officer in grade to the inac18 tive status list of the Standby Reserve, if the officer

19 is qualified.

20 ‘‘(3) Discharge the officer from the officer’s re21 serve appointment and, if the officer is qualified and

22 applies therefor, appoint the officer in the reserve

23 grade held by the officer as a reserve officer before

24 the officer’s appointment in a general officer grade.
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1 ‘‘(4) Discharge the officer from the officer’s

2 reserve appointment.

3 ‘‘(b) ADJUTANTS GENERAL.—If a reserve officer who

4 is federally recognized in the Army National Guard or the

5 Air National Guard solely because of the officer’s appoint6 ment as adjutant general or assistant adjutant general of

7 a State ceases to occupy that position, the Secretary con8 cerned, not later than 30 days after the date on which

9 the officer ceases to occupy that position, shall—

10 ‘‘(1) withdraw that officer’s Federal recogni11 tion; and

12 ‘‘(2) require that the officer—

13 ‘‘(A) be transferred in grade to the Retired

14 Reserve, if the officer is qualified and applies

15 for the transfer;

16 ‘‘(B) be discharged from the officer’s re17 serve appointment and appointed in the reserve

18 grade held by the officer as a reserve officer of

19 the Air Force immediately before the appoint20 ment of that officer as adjutant general or as21 sistant adjutant general, if the officer is quali22 fied and applies for that appointment; or

23 ‘‘(C) be discharged from the officer’s re24 serve appointment.
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1 ‘‘(c) CREDIT FOR SERVICE IN GRADE.—An officer

2 who is appointed under subsection (a)(3) or (b)(2)(B)

3 shall be credited with an amount of service in the grade

4 in which appointed that is equal to the amount of prior

5 service in an active status in that grade and in any higher

6 grade.

7 ‘‘§ 14315. Position vacancy promotions: Army and Air

8 Force officers

9 ‘‘(a) OFFICERS ELIGIBLE FOR CONSIDERATION FOR

10 VACANCY PROMOTIONS BELOW BRIGADIER GENERAL.—

11 A reserve officer of the Army who is in the Army Reserve,

12 or a Reserve officer of the Air Force who is in the Air

13 Force Reserve, who is on the reserve active-status list in

14 the grade of first lieutenant, captain, major, or lieutenant

15 colonel is eligible for consideration for promotion to the

16 next higher grade under this section if each of the

17 following applies:

18 ‘‘(1) The officer is occupying or, as determined

19 by the Secretary concerned, is available to occupy a

20 position in the same competitive category as the offi21 cer and for which a grade higher than the one held

22 by that officer is authorized.

23 ‘‘(2) The officer is fully qualified to meet all re24 quirements for the position as established by the

25 Secretary of the military department concerned.
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1 ‘‘(3) The officer has held the officer’s present

2 grade for the minimum period of service prescribed

3 in section 14303 of this title for eligibility for con4 sideration for promotion to the higher grade.

5 ‘‘(b) CONSIDERATION FOR VACANCY PROMOTION TO

6 BRIGADIER GENERAL OR MAJOR GENERAL.—(1) A re7 serve officer of the Army who is in the Army Reserve and

8 on the reserve active-status list in the grade of colonel or

9 brigadier general may be considered for promotion to the

10 next higher grade under this section if the officer (A) is

11 assigned to the duties of a general officer of the next high12 er reserve grade in a unit of the Army Reserve organized

13 to serve as a unit, (B) has held the officer’s present grade

14 for the minimum period of service prescribed in section

15 14303 of this title for eligibility for consideration for pro16 motion to the higher grade, and (C) meets the standards

17 for consideration prescribed by the Secretary of the Army.

18 ‘‘(2) A reserve officer of the Air Force who is in the

19 Air Force Reserve and on the reserve active-status list in

20 the grade of colonel or brigadier general may be consid21 ered for promotion to the next higher grade under this

22 section if the officer (A) is assigned to the duties of a

23 general officer of the next higher reserve grade, and (B)

24 meets the standards for consideration prescribed by the

25 Secretary of the Air Force.
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1 ‘‘(c) VACANCY PROMOTION BOARDS.—Consideration

2 for promotion under this section shall be by a vacancy pro3 motion board convened under section 14101(a) of this

4 title.

5 ‘‘(d) EFFECT OF NONSELECTION.—An officer who is

6 considered for promotion under this section and is not se7 lected shall not be considered to have failed of selection

8 for promotion.

9 ‘‘(e) SPECIAL RULE FOR OFFICERS FAILED OF SE10 LECTION.—A reserve officer of the Army or the Air Force

11 who is considered as failed of selection for promotion

12 under section 14501 of this title to a grade may be consid13 ered for promotion under this section or, if selected, pro14 moted to that grade only if the Secretary of the military

15 department concerned finds that the officer is the only

16 qualified officer available to fill the vacancy. The Secretary

17 concerned may not delegate the authority under the

18 preceding sentence.

19 ‘‘§ 14316. Army National Guard and Air National

20 Guard: appointment to and Federal rec21 ognition in a higher reserve grade after

22 selection for promotion

23 ‘‘(a) OPPORTUNITY FOR PROMOTION TO FILL A VA24 CANCY IN THE GUARD.—If an officer of the Army Na25 tional Guard of the United States or the Air National
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1 Guard of the United States is recommended by a manda2 tory selection board convened under section 14101(a) or

3 a special selection board convened under section 14502 of

4 this title for promotion to the next higher grade, an oppor5 tunity shall be given to the appropriate authority of the

6 State to promote that officer to fill a vacancy in the Army

7 National Guard or the Air National Guard of that

8 jurisdiction.

9 ‘‘(b) AUTOMATIC FEDERAL RECOGNITION.—An offi10 cer of the Army National Guard of the United States or

11 the Air National Guard of the United States who is on

12 a promotion list for promotion to the next higher grade

13 as a result of selection for promotion as described in sub14 section (a) and who before the date of promotion is ap15 pointed in that higher grade to fill a vacancy in the Army

16 National Guard or Air National Guard shall—

17 ‘‘(1) be extended Federal recognition in that

18 grade, without the examination prescribed in section

19 307 of title 32; and

20 ‘‘(2) subject to section 14311(e) of this title, be

21 promoted to that reserve grade effective on the date

22 of the officer’s appointment in that grade in the

23 Army National Guard or Air National Guard.

24 ‘‘(c) NATIONAL GUARD OFFICERS FAILED OF SE25 LECTION.—An officer who is considered as failed of selec-
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1 tion for promotion under section 14501 of this title to a

2 grade may be extended Federal recognition in that grade

3 only if the Secretary of the military department concerned

4 finds that the officer is the only qualified officer available

5 to fill a vacancy. The Secretary concerned may not dele6 gate the authority under the preceding sentence.

7 ‘‘(d) TRANSFER TO ARMY RESERVE OR AIR FORCE

8 RESERVE.—If, on the date on which an officer of the

9 Army National Guard of the United States or of the Air

10 National Guard of the United States who is on a pro11 motion list as described in subsection (a) is to be pro12 moted, the officer has not been promoted to fill a vacancy

13 in the higher grade in the Army National Guard or the

14 Air National Guard, the officer’s Federal recognition in

15 the officer’s reserve grade shall be withdrawn and the offi16 cer shall be promoted and transferred to the Army Reserve

17 or the Air Force Reserve as appropriate.

18 ‘‘§ 14317. Officers in transition to and from the active19 status list or active-duty list

20 ‘‘(a) EFFECT OF TRANSFER TO INACTIVE STATUS OR

21 RETIRED STATUS.—If a reserve officer on the reserve ac22 tive-status list is transferred to an inactive status or to

23 a retired status after having been recommended for pro24 motion to a higher grade under this chapter or chapter

25 36 of this title, or after having been found qualified for
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1 Federal recognition in the higher grade under title 32, but

2 before being promoted, the officer—

3 ‘‘(1) shall be treated as if the officer had not

4 been considered and recommended for promotion by

5 the selection board or examined and been found

6 qualified for Federal recognition; and

7 ‘‘(2) may not be placed on a promotion list or

8 promoted to the higher grade after returning to an

9 active status,

10 unless the officer is again recommended for promotion by

11 a selection board convened under chapter 36 of this title

12 or section 14101(a) or 14502 of this title or examined for

13 Federal recognition under title 32.

14 ‘‘(b) EFFECT OF PLACEMENT ON ACTIVE-DUTY

15 LIST.—A reserve officer who is on a promotion list as a

16 result of selection for promotion by a mandatory pro17 motion board convened under section 14101(a) or a spe18 cial selection board convened under section 14502 of this

19 title and who before being promoted is placed on the ac20 tive-duty list of the same armed force and placed in the

21 same competitive category shall, under regulations pre22 scribed by the Secretary of Defense, be placed on an ap23 propriate promotion list for officers on the active-duty list

24 established under chapter 36 of this title.
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1 ‘‘(c) OFFICERS ON A PROMOTION LIST REMOVED

2 FROM ACTIVE-DUTY LIST.—An officer who is on the ac3 tive-duty list and is on a promotion list as the result of

4 selection for promotion by a selection board convened

5 under chapter 36 of this title and who before being pro6 moted is removed from the active-duty list and placed on

7 the reserve active-status list of the same armed force and

8 in the same competitive category (including a regular offi9 cer who on removal from the active-duty list is appointed

10 as a reserve officer and placed on the reserve active-status

11 list) shall, under regulations prescribed by the Secretary

12 of Defense, be placed on an appropriate promotion list

13 established under this chapter.

14 ‘‘(d) OFFICERS SELECTED FOR POSITION VACAN15 CIES.—If a reserve officer is ordered to active duty (other

16 than active duty for training) or full-time National Guard

17 duty (other than full-time National Guard duty for train18 ing only) after being recommended for promotion under

19 section 14314 of this title to fill a position vacancy or ex20 amined for Federal recognition under title 32, and before

21 being promoted to fill that vacancy, the officer shall not

22 be promoted while serving such active duty or full-time

23 National Guard duty unless the officer is ordered to active

24 duty as a member of the unit in which the vacancy exists

25 when that unit is ordered to active duty. If, under this
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1 subsection, the name of an officer is removed from a list

2 of officers recommended for promotion, the officer shall

3 be treated as if the officer had not been considered for

4 promotion or examined for Federal recognition.

5 ‘‘(e) Under regulations prescribed by the Secretary

6 of the military department concerned, a reserve officer

7 who is not on the active-duty list and who is ordered to

8 active duty in time of war or national emergency may, if

9 eligible, be considered for promotion by a mandatory pro10 motion board convened under section 14101(a) or a spe11 cial selection board convened under section 14502 of this

12 title for not more than two years from the date the officer

13 is ordered to active duty unless the President suspends

14 the operation of this section under the provisions of

15 section 10213 or 644 of this title.

16 ‘‘CHAPTER 1407—FAILURE OF SELECTION FOR

17 PROMOTION AND INVOLUNTARY SEPARATION

‘‘Sec.

‘‘14501. Failure of selection for promotion.

‘‘14502. Special selection boards: correction of errors.

‘‘14503. Discharge of officers with less than five years of commissioned service

or found not qualified for promotion to first lieutenant or lieutenant (junior grade).

‘‘14504. Effect of failure of selection for promotion: reserve first lieutenants of

the Army, Air Force, and Marine Corps and reserve lieutenants

(junior grade) of the Navy.

‘‘14505. Effect of failure of selection for promotion: reserve captains of the

Army, Air Force, and Marine Corps and reserve lieutenants of

the Navy.

‘‘14506. Effect of failure of selection for promotion: reserve majors of the

Army, Air Force, and Marine Corps and lieutenant commanders of the Navy.

‘‘14507. Removal from the active-status list for years of service: reserve lieutenant colonels and colonels of the Army, Air Force, and Marine

Corps and reserve commanders and captains of the Navy.
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‘‘14508. Removal from the reserve active-status list for years of service: reserve

general and flag officers.

‘‘14509. Separation at age 60: reserve officers below brigadier general or rear

admiral (lower half).

‘‘14510. Separation at age 60: reserve brigadier generals and rear admirals

(lower half).

‘‘14511. Separation at age 62: major generals and rear admirals.

‘‘14512. Separation at age 64: officers holding certain offices.

‘‘14513. Separation for failure of selection of promotion.

‘‘14514. Discharge or retirement for years of service or after selection for early

removal.

‘‘14515. Discharge or retirement for age.

‘‘14516. Separation to be considered involuntary.

‘‘14517. Entitlement of officers discharged under this chapter to separation

pay.

1 ‘‘§ 14501. Failure of selection for promotion

2 ‘‘(a) An officer on the reserve active-status list in a

3 grade below the grade of colonel or, in the case of an offi4 cer in the Naval Reserve, captain who is in or above the

5 promotion zone established for that officer’s grade and

6 competitive category and who (1) is considered but not

7 recommended for promotion (other than by a vacancy pro8 motion board), or (2) declines to accept a promotion for

9 which selected (other than by a vacancy promotion board),

10 shall be considered to have failed of selection for pro11 motion.

12 ‘‘(b) OFFICERS TWICE FAILED OF SELECTION.—An

13 officer shall be considered for all purposes to have twice

14 failed of selection for promotion if any of the following

15 applies:

16 ‘‘(1) The officer is considered but not rec17 ommended for promotion a second time by a manda18 tory promotion board convened under section
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1 14101(a) or a special selection board convened

2 under section 14502(a) of this title.

3 ‘‘(2) The officer declines to accept a promotion

4 for which recommended by a mandatory promotion

5 board convened under section 14101(a) or a special

6 selection board convened under section 14502(a) or

7 14502(b) of this title after previously failing of se8 lection or after the officer’s name was removed from

9 the report of a selection board under section

10 14111(b) or from a promotion list under section

11 14310 of this title after recommendation for pro12 motion by an earlier selection board described in

13 subsection (a).

14 ‘‘(3) The officer’s name has been removed from

15 the report of a selection board under section

16 14111(b) or from a promotion list under section

17 14310 of this title after recommendation by a man18 datory promotion board convened under section

19 14101(a) or by a special selection board convened

20 under section 14502(a) or 14502(b) of this title

21 and—

22 ‘‘(A) the officer is not recommended for

23 promotion by the next mandatory promotion

24 board convened under section 14101(a) or spe25 cial selection board convened under section
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1 14502(a) of this title for that officer’s grade

2 and competitive category; or

3 ‘‘(B) the officer’s name is again removed

4 from the report of a selection board under sec5 tion 14111(b) or from a promotion list under

6 section 14310 of this title.

7 ‘‘§ 14502. Special selection boards: correction of er8 rors

9 ‘‘(a) OFFICERS NOT CONSIDERED BECAUSE OF AD10 MINISTRATIVE ERROR.—(1) In the case of an officer or

11 former officer who the Secretary of the military depart12 ment concerned determines was not considered for selec13 tion for promotion from in or above the promotion zone

14 by a mandatory promotion board convened under section

15 14101(a) of this title because of administrative error, the

16 Secretary concerned shall convene a special selection board

17 under this subsection to determine whether such officer

18 or former officer should be recommended for promotion.

19 Any such board shall be convened under regulations pre20 scribed by the Secretary of Defense and shall be appointed

21 and composed in accordance with section 14102 of this

22 title and shall include the representation of competitive

23 categories required by that section. The members of a

24 board convened under this subsection shall be required to
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1 take an oath in the same manner as prescribed in section

2 14103 of this title.

3 ‘‘(2) A special selection board convened under this

4 subsection shall consider the record of the officer or

5 former officer as that record would have appeared to the

6 promotion board that should have considered the officer

7 or former officer. That record shall be compared with a

8 sampling of the records of those officers of the same grade

9 and competitive category who were recommended for pro10 motion and those officers of the same grade and competi11 tive category who were not recommended for promotion

12 by that board.

13 ‘‘(3) If a special selection board convened under para14 graph (1) does not recommend for promotion an officer

15 or former officer in a grade below the grade of colonel

16 or, in the case of an officer or former officer of the Navy,

17 captain, whose name was referred to it for consideration,

18 the officer or former officer shall be considered to have

19 failed of selection for promotion.

20 ‘‘(b) OFFICERS CONSIDERED BUT NOT SELECTED;

21 MATERIAL ERROR.—(1) In the case of an officer or

22 former officer who was eligible for promotion and was con23 sidered for selection for promotion from in or above the

24 promotion zone under this chapter by a selection board

25 but was not selected, the Secretary of the military depart-
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1 ment concerned may, under regulations prescribed by the

2 Secretary of Defense, convene a special selection board

3 under this subsection to determine whether the officer or

4 former officer should be recommended for promotion, if

5 the Secretary determines that—

6 ‘‘(A) the action of the selection board that con7 sidered the officer or former officer was contrary to

8 law or involved material error of fact or material

9 administrative error; or

10 ‘‘(B) the selection board did not have before it

11 for its consideration material information.

12 ‘‘(2) A special selection board convened under para13 graph (1) shall be appointed and composed in accordance

14 with section 14102 of this title (including the representa15 tion of competitive categories required by that section),

16 and the members of such a board shall take an oath in

17 the same manner as prescribed in section 14103 of this

18 title.

19 ‘‘(3) Such board shall consider the record of the offi20 cer or former officer as that record, if corrected, would

21 have appeared to the selection board that considered the

22 officer or former officer. That record shall be compared

23 with a sampling of the records of those officers of the

24 same grade and competitive category who were rec25 ommended for promotion and those officers of the same
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1 grade and competitive category who were not rec2 ommended for promotion by that board.

3 ‘‘(4) If a special selection board convened under para4 graph (1) does not recommend for promotion an officer

5 or former officer in the grade of lieutenant colonel or com6 mander or below whose name was referred to it for consid7 eration, the officer or former officer shall be considered

8 to have failed of selection for promotion by the board

9 which did consider the officer but incurs no additional fail10 ure of selection for promotion from the action of the spe11 cial selection board.

12 ‘‘(c) REPORT.—Each special selection board con13 vened under this section shall submit to the Secretary of

14 the military department concerned a written report, signed

15 by each member of the board, containing the name of each

16 officer it recommends for promotion and certifying that

17 the board has considered carefully the record of each

18 officer whose name was referred to it.

19 ‘‘(d) APPLICABLE PROVISIONS.—The provisions of

20 sections 14104, 14109, 14110, and 14111 of this title

21 apply to the report and proceedings of a special selection

22 board convened under this section in the same manner as

23 they apply to the report and proceedings of a promotion

24 board convened under section 14101(a) of this title.
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1 ‘‘(e) APPOINTMENT OF OFFICERS RECOMMENDED

2 FOR PROMOTION.—(1) An officer whose name is placed

3 on a promotion list as a result of recommendation for pro4 motion by a special selection board convened under this

5 section, shall, as soon as practicable, be appointed to the

6 next higher grade in accordance with the law and policies

7 which would have been applicable had he been rec8 ommended for promotion by the board which should have

9 considered or which did consider him.

10 ‘‘(2) An officer who is promoted to the next higher

11 grade as the result of the recommendation of a special

12 selection board convened under this section shall, upon

13 such promotion, have the same date of rank, the same ef14 fective date for the pay and allowances of that grade, and

15 the same position on the reserve active-status list as the

16 officer would have had if the officer had been rec17 ommended for promotion to that grade by the selection

18 board which should have considered, or which did con19 sider, the officer.

20 ‘‘(3) If the report of a special selection board con21 vened under this section, as approved by the President,

22 recommends for promotion to the next higher grade an

23 officer not currently eligible for promotion or a former of24 ficer whose name was referred to it for consideration, the

25 Secretary concerned may act under section 1552 of this
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1 title to correct the military record of the officer or former

2 officer to correct an error or remove an injustice resulting

3 from not being selected for promotion by the board which

4 should have considered, or which did consider, the officer.

5 ‘‘(f) TIME LIMITS FOR CONSIDERATION.—The Sec6 retary of Defense may prescribe by regulation the cir7 cumstances under which consideration by a special selec8 tion board is contingent upon application for consideration

9 by an officer or former officer and time limits within which

10 an officer or former officer must make such application

11 in order to be considered by a special selection board

12 under this section.

13 ‘‘(g) LIMITATION OF OTHER JURISDICTION.—No

14 official or court of the United States shall have power or

15 jurisdiction—

16 ‘‘(1) over any claim based in any way on the

17 failure of an officer or former officer of the armed

18 forces to be selected for promotion by a selection

19 board convened under chapter 1403 of this title

20 until—

21 ‘‘(A) the claim has been referred to a spe22 cial selection board by the Secretary concerned

23 and acted upon by that board; or
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1 ‘‘(B) the claim has been rejected by the

2 Secretary without consideration by a special se3 lection board; or

4 ‘‘(2) to grant any relief on such a claim unless

5 the officer or former officer has been selected for

6 promotion by a special selection board convened

7 under this section to consider the officer’s claim.

8 ‘‘(h) JUDICIAL REVIEW.—(1) A court of the United

9 States may review a determination by the Secretary con10 cerned under subsection (a)(1), (b)(1), or (e)(3) not to

11 convene a special selection board. If a court finds the de12 termination to be arbitrary or capricious, not based on

13 substantial evidence, or otherwise contrary to law, it shall

14 remand the case to the Secretary concerned, who shall

15 provide for consideration of the officer or former officer

16 by a special selection board under this section.

17 ‘‘(2) If a court finds that the action of a special selec18 tion board which considers an officer or former officer was

19 contrary to law or involved material error of fact or mate20 rial administrative error, it shall remand the case to the

21 Secretary concerned, who shall provide the officer or

22 former officer reconsideration by a new special selection

23 board.

24 ‘‘(i) DESIGNATION OF BOARDS.—The Secretary of

25 the military department concerned may designate a pro-
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1 motion board convened under section 14101(a) of this title

2 as a special selection board convened under this section.

3 A board so designated may function in both capacities.

4 ‘‘§ 14503. Discharge of officers with less than five

5 years of commissioned service or found

6 not qualified for promotion to first lieu7 tenant or lieutenant (junior grade)

8 ‘‘(a) AUTHORIZED DISCHARGES.—The Secretary of

9 the military department concerned may discharge any re10 serve officer who—

11 ‘‘(1) has less than five years of service in an ac12 tive status as a commissioned officer; or

13 ‘‘(2) is serving in the grade of second lieutenant

14 or ensign and has been found not qualified for pro15 motion to the grade of first lieutenant or lieutenant

16 (junior grade).

17 ‘‘(b) TIME FOR DISCHARGE.—(1) An officer de18 scribed in subsection (a)(2)—

19 ‘‘(A) may be discharged at any time after being

20 found not qualified for promotion; and

21 ‘‘(B) if not sooner discharged, shall be dis22 charged at the end of the 18-month period beginning

23 on the date on which the officer is first found not

24 qualified for promotion.
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1 ‘‘(2) Paragraph (1) shall not apply if the officer is

2 sooner promoted.

3 ‘‘(c) REGULATIONS.—Discharges under this section

4 shall be made under regulations prescribed by the Sec5 retary of Defense and may be made without regard to

6 section 12645 of this title.

7 ‘‘§ 14504. Effect of failure of selection for promotion:

8 reserve first lieutenants of the Army, Air

9 Force, and Marine Corps and reserve

10 lieutenants (junior grade) of the Navy

11 ‘‘(a) GENERAL RULE.—A first lieutenant on the re12 serve active-status list of the Army, Air Force, or Marine

13 Corps or a lieutenant (junior grade) on the reserve active14 status list of the Navy who has failed of selection for pro15 motion to the next higher grade for the second time and

16 whose name is not on a list of officers recommended for

17 promotion to the next higher grade shall be separated in

18 accordance with section 14513 of this title not later than

19 the first day of the seventh month after the month in

20 which the President approves the report of the board

21 which considered the officer for the second time.

22 ‘‘(b) EXCEPTIONS.—Subsection (a) does not apply

23 (1) in the case of an officer retained as provided by regula24 tion of the Secretary of the military department concerned

25 in order to meet planned mobilization needs for a period
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1 not in excess of 24 months beginning with the date on

2 which the President approves the report of the selection

3 board which resulted in the second failure, or (2) as pro4 vided in section 12646 or 12686 of this title.

5 ‘‘§ 14505. Effect of failure of selection for promotion:

6 reserve captains of the Army, Air Force,

7 and Marine Corps and reserve lieuten8 ants of the Navy

9 ‘‘Unless retained as provided in section 12646 or

10 12686 of this title, a captain on the reserve active-status

11 list of the Army, Air Force, or Marine Corps or a lieuten12 ant on the reserve active-status list of the Navy who has

13 failed of selection for promotion to the next higher grade

14 for the second time and whose name is not on a list of

15 officers recommended for promotion to the next higher

16 grade and who has not been selected for continuation on

17 the reserve active-status list under section 14701 of this

18 title, shall be separated in accordance with section 14513

19 of this title not later than the first day of the seventh

20 month after the month in which the President approves

21 the report of the board which considered the officer for

22 the second time.
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1 ‘‘§ 14506. Effect of failure of selection for promotion:

2 reserve majors of the Army, Air Force

3 and Marine Corps and reserve lieutenant

4 commanders of the Navy

5 ‘‘Unless retained as provided in section 12646,

6 12686, 14701, or 14702 of this title, each reserve officer

7 of the Army, Navy, Air Force, or Marine Corps who holds

8 the grade of major or lieutenant commander who has

9 failed of selection to the next higher grade for the second

10 time and whose name is not on a list of officers rec11 ommended for promotion to the next higher grade shall,

12 if not earlier removed from the reserve active-status list,

13 be removed from that list in accordance with section

14 14513 of this title on the first day of the month after

15 the month in which the officer completes 20 years of com16 missioned service.

17 ‘‘§ 14507. Removal from the reserve active-status list

18 for years of service: reserve lieutenant

19 colonels and colonels of the Army, Air

20 Force, and Marine Corps and reserve

21 commanders and captains of the Navy

22 ‘‘(a) LIEUTENANT COLONELS AND COMMANDERS.—

23 Unless continued on the reserve active-status list under

24 section 14701 or 14702 of this title or retained as pro25 vided in section 12646 or 12686 of this title, each reserve

26 officer of the Army, Navy, Air Force, or Marine Corps
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1 who holds the grade of lieutenant colonel or commander

2 and who is not on a list of officers recommended for pro3 motion to the next higher grade shall (if not earlier re4 moved from the reserve active-status list) be removed from

5 that list under section 14514 of this title on the first day

6 of the month after the month in which the officer com7 pletes 28 years of commissioned service.

8 ‘‘(b) COLONELS AND NAVY CAPTAINS.—Unless con9 tinued on the reserve active-status list under section

10 14701 or 14702 of this title or retained as provided in

11 section 12646 or 12686 of this title, each reserve officer

12 of the Army, Air Force, or Marine Corps who holds the

13 grade of colonel, and each reserve officer of the Navy who

14 holds the grade of captain, and who is not on a list of

15 officers recommended for promotion to the next higher

16 grade shall (if not earlier removed from the reserve active17 status list) be removed from that list under section 14514

18 of this title on the first day of the month after the month

19 in which the officer completes 30 years of commissioned

20 service. This subsection does not apply to the adjutant

21 general or assistant adjutants general of a State.
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1 ‘‘§ 14508. Removal from the reserve active-status list

2 for years of service: reserve general and

3 flag officers

4 ‘‘(a) THIRTY YEARS SERVICE OR FIVE YEARS IN

5 GRADE.—Unless retired, transferred to the Retired Re6 serve, or discharged at an earlier date, each reserve officer

7 of the Army, Air Force, or Marine Corps in the grade of

8 brigadier general who has not been recommended for pro9 motion to the grade of major general, and each reserve

10 officer of the Navy in the grade of rear admiral (lower

11 half) who has not been recommended for promotion to

12 rear admiral shall, 30 days after completion of 30 years

13 of commissioned service or on the fifth anniversary of the

14 date of the officer’s appointment in the grade of brigadier

15 general or rear admiral (lower half), whichever is later,

16 be separated in accordance with section 14514 of this title.

17 ‘‘(b) THIRTY-FIVE YEARS SERVICE OR FIVE YEARS

18 IN GRADE.—Unless retired, transferred to the Retired Re19 serve, or discharged at an earlier date, each reserve officer

20 of the Army, Air Force, or Marine Corps in the grade of

21 major general, and each reserve officer of the Navy in the

22 grade of rear admiral, shall, 30 days after completion of

23 35 years of commissioned service or on the fifth anniver24 sary of the date of the officer’s appointment in the grade

25 of major general or rear admiral, whichever is later, be

26 separated in accordance with section 14514 of this title.
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1 ‘‘(c) RETENTION OF BRIGADIER GENERALS.—A re2 serve officer of the Army or Air Force in the grade of

3 brigadier general who would otherwise be removed from

4 an active status under this subsection (a) may, in the dis5 cretion of the Secretary of the Army or the Secretary of

6 the Air Force, as the case may be, be retained in an active

7 status, but not later than the date on which the officer

8 becomes 60 years of age. Not more than 10 officers of

9 the Army and not more than 10 officers of the Air Force

10 may be retained under this subsection at any one time.

11 ‘‘(d) RETENTION OF MAJOR GENERALS.—A reserve

12 officer of the Army or Air Force in the grade of major

13 general who would otherwise be removed from an active

14 status under this subsection (b) may, in the discretion of

15 the Secretary of the Army or the Secretary of the Air

16 Force, as the case may be, be retained in an active status,

17 but not later than the date on which the officer becomes

18 62 years of age. Not more than 10 officers of the Army

19 and not more than 10 officers of the Air Force may be

20 retained under this subsection at any one time.

21 ‘‘(e) EXCEPTION FOR STATE ADJUTANTS GENERAL

22 AND ASSISTANT ADJUTANTS GENERAL.—This section

23 does not apply to an officer who is the adjutant general

24 or assistant adjutant general of a State.
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1 ‘‘§ 14509. Separation at age 60: reserve officers in

2 grades below brigadier general or rear

3 admiral (lower half)

4 ‘‘Each reserve officer of the Army, Navy, Air Force,

5 or Marine Corps in a grade below brigadier general or rear

6 admiral (lower half) who has not been recommended for

7 promotion to the grade of brigadier general or rear admi8 ral (lower half) and is not a member of the Retired Re9 serve shall, on the last day of the month in which that

10 officer becomes 60 years of age, be separated in accord11 ance with section 14515 of this title.

12 ‘‘§ 14510. Separation at age 60: reserve brigadier gen13 erals and rear admirals (lower half)

14 ‘‘Unless retired, transferred to the Retired Reserve,

15 or discharged at an earlier date, each reserve officer of

16 the Army, Air Force, or Marine Corps in the grade of brig17 adier general who has not been recommended for pro18 motion to the grade of major general, and each reserve

19 rear admiral (lower half) of the Navy who has not been

20 recommended for promotion to the grade of rear admiral,

21 except an officer covered by section 14512 of this title,

22 shall be separated in accordance with section 14515 of this

23 title on the last day of the month in which the officer be24 comes 60 years of age.
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1 ‘‘§ 14511. Separation at age 62: major generals and

2 rear admirals

3 ‘‘Unless retired, transferred to the Retired Reserve,

4 or discharged at an earlier date, each reserve officer of

5 the Army, Air Force, or Marine Corps in the grade of

6 major general and each reserve officer of the Navy in the

7 grade of rear admiral, except an officer covered by section

8 14512 of this title, shall be separated in accordance with

9 section 14515 of this title on the last day of the month

10 in which the officer becomes 62 years of age.

11 ‘‘§ 14512. Separation at age 64: officers holding cer12 tain offices

13 ‘‘(a) ARMY AND AIR FORCE.—Unless retired, trans14 ferred to the Retired Reserve, or discharged at an earlier

15 date, a reserve officer of the Army or Air Force who is

16 Chief of the National Guard Bureau, an adjutant general,

17 or if a reserve officer of the Army, commanding general

18 of the troops of a State, shall on the last day of the month

19 in which the officer becomes 64 years of age, be separated

20 in accordance with section 14515 of this title.

21 ‘‘(b) NAVY AND MARINE CORPS.—The Secretary of

22 the Navy may defer the retirement under section 14510

23 or 14511 of a reserve officer of the Navy in a grade above

24 captain or a reserve officer of the Marine Corps in a grade

25 above colonel and retain the officer in an active status

26 until the officer becomes 64 years of age. Not more than
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1 10 officers may be so deferred at any one time, distributed

2 between the Naval Reserve and the Marine Corps Reserve

3 as the Secretary determines.

4 ‘‘§ 14513. Separation for failure of selection of pro5 motion

6 ‘‘Each reserve officer of the Army, Navy, Air Force,

7 or Marine Corps who is in an active status and whose re8 moval from an active status or from a reserve active-status

9 list is required by section 14504, 14505, or 14506 of this

10 title shall (unless the officer’s separation is deferred or

11 the officer is continued in an active status under another

12 provision of law) not later than the date specified in those

13 sections—

14 ‘‘(1) be transferred to an inactive status if the

15 Secretary concerned determines that the officer has

16 skills which may be required to meet the mobiliza17 tion needs of the officer’s armed force;

18 ‘‘(2) be transferred to the Retired Reserve, if

19 the officer is qualified and applies for such transfer;

20 or

21 ‘‘(3) if the officer is not transferred to an inac22 tive status or to the Retired Reserve, be discharged

23 from the officer’s reserve appointment.
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1 ‘‘§ 14514. Discharge or retirement for years of service

2 or after selection for early removal

3 ‘‘Each reserve officer of the Army, Navy, Air Force,

4 or Marine Corps who is in an active status and who is

5 required to be removed from an active status or from a

6 reserve active-status list, as the case may be, under section

7 14507, 14508, 14704, or 14705 of this title (unless the

8 officer is sooner separated or the officer’s separation is

9 deferred or the officer is continued in an active status

10 under another provision of law), in accordance with those

11 sections, shall—

12 ‘‘(1) be transferred to the Retired Reserve, if

13 the officer is qualified and applies for such transfer;

14 or

15 ‘‘(2) if the officer is not qualified or does not

16 apply for such transfer, be discharged from the offi17 cer’s reserve appointment.

18 ‘‘§ 14515. Discharge or retirement for age

19 ‘‘Each reserve officer of the Army, Navy, Air Force,

20 or Marine Corps who is in an active status or on an inac21 tive status list and who reaches the maximum age speci22 fied in section 14509, 14510, 14511, or 14512 of this title

23 for the officer’s grade or position shall (unless the officer

24 is sooner separated or the officer’s separation is deferred

25 or the officer is continued in an active status under an-
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1 other provision of law) not later than the last day of the

2 month in which the officer reaches that maximum age—

3 ‘‘(1) be transferred to the Retired Reserve, if

4 the officer is qualified and applies for such transfer;

5 or

6 ‘‘(2) if the officer is not qualified or does not

7 apply for transfer to the Retired Reserve, be dis8 charged from the officer’s reserve appointment.

9 ‘‘§ 14516. Separation to be considered involuntary

10 ‘‘The separation of an officer pursuant to section

11 14513, 14514, or 14515 of this title shall be considered

12 to be an involuntary separation for purposes of any other

13 provision of law.

14 ‘‘§ 14517. Entitlement of officers discharged under

15 this chapter to separation pay

16 ‘‘An officer who is discharged under section 14513,

17 14514, or 14515 of this title is entitled to separation pay

18 under section 1174 of this title if otherwise eligible under

19 that section.

20 ‘‘CHAPTER 1409—CONTINUATION OF OFFICERS

21 ON THE RESERVE ACTIVE-STATUS LIST AND

22 SELECTIVE EARLY REMOVAL

‘‘Sec.

‘‘14701. Selection of officers for continuation on the reserve active-status list.

‘‘14702. Retention on reserve active-status list of certain officers until age 60.

‘‘14703. Authority to retain chaplains and officers in medical specialties until

specified age.

‘‘14704. Selective early removal from the reserve active-status list.
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‘‘14705. Selective early retirement: reserve general and flag officers of the Navy

and Marine Corps.

‘‘14706. Computation of total years of service.

1 ‘‘§ 14701. Selection of officers for continuation on the

2 reserve active-status list

3 ‘‘(a) CONSIDERATION FOR CONTINUATION.—(1)

4 Upon application, a reserve officer of the Army, Navy, Air

5 Force, or Marine Corps who is required to be removed

6 from the reserve active-status list under section 14505,

7 14506, or 14507 of this title may, subject to the needs

8 of the service and to section 14509 of this title, be consid9 ered for continuation on the reserve active-status list by

10 a selection board convened under section 14101(b) of this

11 title.

12 ‘‘(2) A reserve officer who holds the grade of captain

13 in the Army, Air Force, or Marine Corps or the grade

14 of lieutenant in the Navy and who is subject to separation

15 under section 14513 of this title may not be continued

16 on the reserve active-status list under this subsection for

17 a period which extends beyond the last day of the month

18 in which the officer completes 20 years of commissioned

19 service.

20 ‘‘(3) A reserve officer who holds the grade of major

21 or lieutenant commander and who is subject to separation

22 under section 14513 of this title may not be continued

23 on the reserve active-status list under this subsection for

24 a period which extends beyond the last day of the month
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1 in which the officer completes 24 years of commissioned

2 service.

3 ‘‘(4) A reserve officer who holds the grade of lieuten4 ant colonel or commander and who is subject to separation

5 under section 14514 of this title may not be continued

6 on the reserve active-status list under this subsection for

7 a period which extends beyond the last day of the month

8 in which the officer completes 33 years of commissioned

9 service.

10 ‘‘(5) A reserve officer who holds the grade of colonel

11 in the Army, Air Force, or Marine Corps or the grade

12 of captain in the Navy and who is subject to separation

13 under section 14514 of this title may not be continued

14 on the reserve active-status list under this subsection for

15 a period which extends beyond the last day of the month

16 in which the officer completes 35 years of commissioned

17 service.

18 ‘‘(6) An officer who is selected for continuation on

19 the reserve active-status list as a result of the convening

20 of a selection board under section 14101(b) of this title

21 but who declines to continue on that list shall be separated

22 in accordance with section 14513 or 14514 of this title,

23 as the case may be.

24 ‘‘(7) Each officer who is continued on the reserve ac25 tive-status list under this section, who is not subsequently
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1 promoted or continued on the active-status list, and whose

2 name is not on a list of officers recommended for pro3 motion to the next higher grade shall (unless sooner sepa4 rated under another provision of law) be separated in ac5 cordance with section 14513 or 14514 of this title, as ap6 propriate, upon the expiration of the period for which the

7 officer was continued on the reserve active-status list.

8 ‘‘(b) APPROVAL OF SECRETARY CONCERNED.—Con9 tinuation of an officer on the reserve active-status list

10 under this section pursuant to action of a continuation

11 board convened under section 14101(b) of this title is sub12 ject to the approval of the Secretary of the military depart13 ment concerned.

14 ‘‘(c) INSTRUCTIONS TO CONTINUATION BOARDS.—A

15 continuation board convened under section 14101(b) of

16 this title to consider officers for continuation on the re17 serve active-status list under this section shall act in ac18 cordance with the instructions and directions provided to

19 the board by the Secretary of the military department

20 concerned.

21 ‘‘(d) REGULATIONS.—The Secretary of Defense shall

22 prescribe regulations for the administration of this section.
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1 ‘‘§ 14702. Retention on reserve active-status list of

2 certain officers until age 60

3 ‘‘(a) RETENTION.—Notwithstanding the provisions of

4 section 14506 or 14507 of this title, the Secretary of the

5 military department concerned may, with the officer’s con6 sent, retain on the reserve active-status list an officer in

7 the grade of major, lieutenant colonel, or colonel who is—

8 ‘‘(1) an officer of the Army National Guard of

9 the United States and assigned to a headquarters or

10 headquarters detachment of a State; or

11 ‘‘(2) a reserve officer of the Army or Air Force

12 who, as a condition of continued employment as a

13 National Guard or Reserve technician is required by

14 the Secretary concerned to maintain membership in

15 a Selected Reserve unit or organization.

16 ‘‘(b) SEPARATION AT AGE 60.—An officer may be re17 tained under this section only so long as the officer contin18 ues to meet the conditions of subsection (a)(1) or (a)(2).

19 An officer may not be retained under this section after

20 the last day of the month in which the officer becomes

21 60 years of age.

22 ‘‘§ 14703. Authority to retain chaplains and officers in

23 medical specialties until specified age

24 ‘‘(a) RETENTION.—Notwithstanding any provision of

25 chapter 1407 of this title and except for officers referred

26 to in sections 14503, 14504, 14505, and 14506 of this
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1 title and under regulations prescribed by the Secretary of

2 Defense—

3 ‘‘(1) the Secretary of the Army may, with the

4 officer’s consent, retain in an active status any re5 serve officer assigned to the Medical Corps, the Den6 tal Corps, the Veterinary Corps, the Medical Serv7 ices Corps (if the officer has been designated as al8 lied health officer or biomedical sciences officer in

9 that Corps), the Optometry Section of the Medical

10 Services Corps, the Chaplains, the Army Nurse

11 Corps, or the Army Medical Specialists Corps;

12 ‘‘(2) the Secretary of the Navy may, with the

13 officer’s consent, retain in an active status any re14 serve officer appointed in the Medical Corps, Dental

15 Corps, Nurse Corps, or Chaplain Corps or appointed

16 in the Medical Services Corps and designated to per17 form as a veterinarian, optometrist, podiatrist, allied

18 health officer, or biomedical sciences officer; and

19 ‘‘(3) the Secretary of the Air Force may, with

20 the officer’s consent, retain in an active status any

21 reserve officer who is designated as a medical offi22 cer, dental officer, veterinary officer, Air Force

23 nurse, or chaplain or who is designated as a bio24 medical sciences officer and is qualified for service

25 as a veterinarian, optometrist, or podiatrist.
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1 ‘‘(b) SEPARATION AT SPECIFIED AGE.—An officer

2 may not be retained in active status under this section

3 later than the date on which the officer becomes 67 years

4 of age (or, in the case of a reserve officer of the Army

5 in the Chaplains or a reserve officer of the Air Force des6 ignated as a chaplain, 60 years of age).

7 ‘‘§ 14704. Selective early removal from the reserve ac8 tive-status list

9 ‘‘(a) BOARDS TO RECOMMEND OFFICERS FOR RE10 MOVAL FROM RESERVE ACTIVE-STATUS LIST.—When11 ever the Secretary of the military department concerned

12 determines that there are in any reserve component under

13 the jurisdiction of the Secretary too many officers in any

14 grade and competitive category who have at least 30 years

15 of service computed under section 14706 of this title or

16 at least 20 years of service computed under section 12732

17 of this title, the Secretary may convene a selection board

18 under section 14101(b) of this title to consider all officers

19 on that list who are in that grade and competitive cat20 egory, and who have that amount of service, for the pur21 pose of recommending officers by name for removal from

22 the reserve active-status list, in the number specified by

23 the Secretary by each grade and competitive category.

24 ‘‘(b) SEPARATION OF OFFICERS SELECTED.—In the

25 case of an officer recommended for separation in the re-
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1 port of a board under subsection (a), the Secretary may

2 separate the officer in accordance with section 14514 of

3 this title.

4 ‘‘(c) REGULATIONS.—The Secretary of the military

5 department concerned shall prescribe regulations for the

6 administration of this section.

7 ‘‘§ 14705. Selective early retirement: reserve general

8 and flag officers of the Navy and Marine

9 Corps

10 ‘‘(a) AUTHORITY TO CONSIDER.—An officer in the

11 Naval Reserve in an active status serving in the grade of

12 rear admiral (lower half) or rear admiral and an officer

13 in the Marine Corps Reserve in an active status serving

14 in the grade of brigadier general or major general may

15 be considered for early retirement whenever the Secretary

16 of the Navy determines that such action is necessary.

17 ‘‘(b) BOARDS.—If the Secretary of the Navy deter18 mines that consideration for early retirement under this

19 section is necessary, the Secretary shall convene a board

20 under section 14101(b) of this title to recommend an ap21 propriate number of officers for early retirement.

22 ‘‘(c) SEPARATION UNDER SECTION 14514.—An offi23 cer selected for early retirement under this section shall

24 be separated in accordance with section 14514 of this title.
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1 ‘‘§ 14706. Computation of total years of service

2 ‘‘For the purpose of this chapter and chapter 1407

3 of this title, a reserve officer’s years of service include all

4 service, other than constructive service, of the officer as

5 a commissioned officer of any uniformed service (other

6 than service as a warrant officer).

7 ‘‘CHAPTER 1411—ADDITIONAL PROVISIONS

8 RELATING TO INVOLUNTARY SEPARATION

‘‘Sec.

‘‘14901. Separation of chaplains for loss of professional qualifications.

‘‘14902. Separation for substandard performance and for certain other reasons.

‘‘14903. Boards of inquiry.

‘‘14904. Rights and procedures.

‘‘14905. Officer considered for removal: retirement or discharge.

‘‘14906. Officers eligible to serve on boards.

‘‘14907. Army National Guard of the United States and Air National Guard

of the United States: discharge and withdrawal of Federal recognition of officers absent without leave.

9 ‘‘§ 14901. Separation of chaplains for loss of profes10 sional qualifications

11 ‘‘(a) SEPARATION.—Under regulations prescribed by

12 the Secretary of Defense, an officer on the reserve active13 status list who is appointed or designated as a chaplain

14 may, if the officer fails to maintain the qualifications need15 ed to perform the professional function of a chaplain, be

16 discharged. The authority under the preceding sentence

17 applies without regard to the provisions of section 12645

18 of this title.

19 ‘‘(b) EFFECT OF SEPARATION.—If an officer sepa20 rated under this section is eligible for retirement, the offi-
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1 cer may be retired. If the officer has completed the years

2 of service required for eligibility for retired pay under

3 chapter 1223 of this title, the officer may be transferred

4 to the Retired Reserve.

5 ‘‘§ 14902. Separation for substandard performance

6 and for certain other reasons

7 ‘‘(a) SUBSTANDARD PERFORMANCE OF DUTY.—The

8 Secretary of the military department concerned shall pre9 scribe, by regulation, procedures for the review at any time

10 of the record of any reserve officer to determine whether

11 that officer should be required, because that officer’s per12 formance has fallen below standards prescribed by the

13 Secretary concerned, to show cause for retention in an

14 active status.

15 ‘‘(b) MISCONDUCT, ETC.—The Secretary of the mili16 tary department concerned shall prescribe, by regulation,

17 procedures for the review at any time of the record of any

18 reserve officer to determine whether that officer should be

19 required, because of misconduct, because of moral or pro20 fessional dereliction, or because the officer’s retention is

21 not clearly consistent with the interests of national secu22 rity, to show cause for retention in an active status.

23 ‘‘(c) REGULATIONS.—The authority of the Secretary

24 of a military department under this section shall be car-
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1 ried out subject to such limitations as the Secretary of

2 Defense may prescribe by regulation.

3 ‘‘§ 14903. Boards of inquiry

4 ‘‘(a) CONVENING OF BOARDS.—The Secretary of the

5 military department concerned shall convene a board of

6 inquiry at such time and place as the Secretary may pre7 scribe to receive evidence and review the case of any officer

8 who has been required to show cause for retention in an

9 active status under section 14902 of this title. Each board

10 of inquiry shall be composed of not less than three officers

11 who have the qualifications prescribed in section 14906

12 of this title.

13 ‘‘(b) RIGHT TO FAIR HEARING.—A board of inquiry

14 shall give a fair and impartial hearing to each officer re15 quired under section 14902 of this chapter to show cause

16 for retention in an active status.

17 ‘‘(c) RECOMMENDATIONS TO SECRETARY.—If a

18 board of inquiry determines that the officer has failed to

19 establish that the officer should be retained in an active

20 status, the board shall recommend to the Secretary con21 cerned that the officer not be retained in an active status.

22 ‘‘(d) ACTION BY SECRETARY.—After review of the

23 recommendation of the board of inquiry, the Secretary

24 may—
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1 ‘‘(1) remove the officer from an active status;

2 or

3 ‘‘(2) determine that the case be closed.

4 ‘‘(e) ACTION IN CASES WHERE CAUSE FOR RETEN5 TION IS ESTABLISHED.—(1) If a board of inquiry deter6 mines that an officer has established that the officer

7 should be retained in an active status or if the Secretary

8 determines that the case be closed, the officer’s case is

9 closed.

10 ‘‘(2) An officer who is required to show cause for re11 tention under section 14902(a) of this title and whose case

12 is closed under paragraph (1) may not again be required

13 to show cause for retention under such subsection during

14 the one-year period beginning on the date of that deter15 mination.

16 ‘‘(3)(A) Subject to subparagraph (B), an officer who

17 is required to show cause for retention under section

18 14902(b) of this title and whose case is closed under para19 graph (1) may again be required to show cause for reten20 tion at any time.

21 ‘‘(B) An officer who has been required to show cause

22 for retention under section 14902(b) of this title and who

23 is thereafter retained in an active status may not again

24 be required to show cause for retention under such section

25 solely because of conduct which was the subject of the pre-
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1 vious proceeding, unless the recommendations of the board

2 of inquiry that considered the officer’s case are determined

3 to have been obtained by fraud or collusion.

4 ‘‘§ 14904. Rights and procedures

5 ‘‘(a) PROCEDURAL RIGHTS.—Under regulations pre6 scribed by the Secretary of Defense, an officer required

7 under section 14902 of this title to show cause for reten8 tion in an active status—

9 ‘‘(1) shall be notified in writing, at least 30

10 days before the hearing of the officer’s case by a

11 board of inquiry, of the reasons for which the officer

12 is being required to show cause for retention in an

13 active status;

14 ‘‘(2) shall be allowed a reasonable time, as de15 termined by the board of inquiry, to prepare for

16 showing of cause for retention in an active status;

17 ‘‘(3) shall be allowed to appear in person and

18 to be represented by counsel at proceedings before

19 the board of inquiry; and

20 ‘‘(4) shall be allowed full access to, and shall be

21 furnished copies of, records relevant to the case, ex22 cept that the board of inquiry shall withhold any

23 record that the Secretary concerned determines

24 should be withheld in the interest of national

25 security.
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1 ‘‘(b) SUMMARY OF RECORDS WITHHELD.—When a

2 record is withheld under subsection (a)(4), the officer

3 whose case is under consideration shall, to the extent that

4 the interest of national security permits, be furnished a

5 summary of the record so withheld.

6 ‘‘§ 14905. Officer considered for removal: retirement

7 or discharge

8 ‘‘(a) VOLUNTARY RETIREMENT OR DISCHARGE.—At

9 any time during proceedings under this chapter with re10 spect to the removal of an officer from an active status,

11 the Secretary of the military department concerned may

12 grant a request by the officer—

13 ‘‘(1) for voluntary retirement, if the officer is

14 qualified for retirement;

15 ‘‘(2) for transfer to the Retired Reserve if the

16 officer has completed the years of service required

17 for eligibility for retired pay under chapter 1223 of

18 this title and is otherwise eligible for transfer to the

19 Retired Reserve; or

20 ‘‘(3) for discharge in accordance with sub21 section (b)(3).

22 ‘‘(b) REQUIRED RETIREMENT OR DISCHARGE.—An

23 officer removed from an active status under section 14903

24 of this title shall—
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1 ‘‘(1) if eligible for voluntary retirement under

2 any provision of law on the date of such removal, be

3 retired in the grade and with the retired pay for

4 which he would be eligible if retired under that

5 provision;

6 ‘‘(2) if eligible for transfer to the Retired Re7 serve and has completed the years of service re8 quired for retired pay under chapter 1223 of this

9 title, be transferred to the Retired Reserve; and

10 ‘‘(3) if ineligible for retirement or transfer to

11 the Retired Reserve under paragraph (1) or (2) on

12 the date of such removal—

13 ‘‘(A) be honorably discharged in the grade

14 then held, in the case of an officer whose case

15 was brought under subsection (a) of section

16 14902 of this title; or

17 ‘‘(B) be discharged in the grade then held,

18 in the case of an officer whose case was brought

19 under subsection (b) of section 14902 of this

20 title.

21 ‘‘(c) SEPARATION PAY.—An officer who is discharged

22 under subsection (b)(3) is entitled, if eligible therefor, to

23 separation pay under section 1174(c) of this title.
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1 ‘‘§ 14906. Officers eligible to serve on boards

2 ‘‘(a) COMPOSITION OF BOARDS.—(1) Each officer

3 who serves on a board convened under this chapter shall

4 be an officer of the same armed force as the officer being

5 required to show cause for retention in an active status.

6 ‘‘(2) An officer may not serve on a board under this

7 chapter unless the officer holds a grade above lieutenant

8 colonel or commander and is senior in grade and rank to

9 any officer considered by the board.

10 ‘‘(b) LIMITATION.—A person may not be a member

11 of more than one board convened under this chapter to

12 consider the same officer.

13 ‘‘§ 14907. Army National Guard of the United States

14 and Air National Guard of the United

15 States: discharge and withdrawal of Fed16 eral recognition of officers absent with17 out leave

18 ‘‘(a) AUTHORITY TO WITHDRAW FEDERAL RECOGNI19 TION.—If an officer of the Army National Guard of the

20 United States or the Air National Guard of the United

21 States has been absent without leave for three months,

22 the Secretary of the Army or the Secretary of the Air

23 Force, as appropriate, may—

24 ‘‘(1) terminate the reserve appointment of the

25 officer; and
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1 ‘‘(2) withdraw the officer’s Federal recognition

2 as an officer of the National Guard.

3 ‘‘(b) DISCHARGE FROM RESERVE APPOINTMENT.—

4 An officer of the Army National Guard of the United

5 States or the Air National Guard of the United States

6 whose Federal recognition as an officer of the National

7 Guard is withdrawn under section 323(b) of title 32 shall

8 be discharged from the officer’s appointment as a reserve

9 officer of the Army or the Air Force, as the case may be.’’.

10 PART B—CONFORMING AMENDMENTS

11 SEC. 111. DEFINITION OF RESERVE ACTIVE-STATUS LIST.

12 Section 101(c) is amended by adding at the end the

13 following new paragraph:

14 ‘‘(7) The term ‘reserve active-status list’ means

15 a single list for the Army, Navy, Air Force, or Ma16 rine Corps (required to be maintained under section

17 14002 of this title) that contains the names of all

18 officers of that armed force except warrant officers

19 (including commissioned warrant officers) who are

20 in an active status in a reserve component of the

21 Army, Navy, Air Force, or Marine Corps and are

22 not on an active-duty list.’’.
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1 SEC. 112. AUTHORITY TO SUSPEND OFFICER PERSONNEL

2 LAWS DURING WAR OR NATIONAL EMER3 GENCY.

4 (a) AUTHORITY.—Section 123 is amended to read as

5 follows:

6 ‘‘§ 123. Authority to suspend officer personnel laws

7 during war or national emergency

8 ‘‘(a) In time of war, or of national emergency de9 clared by Congress or the President after November 30,

10 1980, the President may suspend the operation of any

11 provision of law relating to the promotion, involuntary re12 tirement, or separation of commissioned officers of the

13 Army, Navy, Air Force, Marine Corps, or Coast Guard

14 Reserve. So long as such war or national emergency con15 tinues, any such suspension may be extended by the Presi16 dent.

17 ‘‘(b) Any such suspension shall, if not sooner ended,

18 end on the last day of the two-year period beginning on

19 the date on which the suspension (or the last extension

20 thereof) takes effect or on the last day of the one-year

21 period beginning on the date of the termination of the war

22 or national emergency, whichever occurs first. With re23 spect to the end of any such suspension, the preceding

24 sentence supersedes the provisions of title II of the Na25 tional Emergencies Act (50 U.S.C. 1621–1622) which

26 provide that powers or authorities exercised by reason of
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1 a national emergency shall cease to be exercised after the

2 date of the termination of the emergency.

3 ‘‘(c) If a provision of law pertaining to the promotion

4 of reserve officers is suspended under this section and if

5 the Secretary of Defense submits to Congress proposed

6 legislation to adjust the grades and dates of rank of re7 serve commissioned officers other than commissioned war8 rant officers, such proposed legislation shall, so far as

9 practicable, be the same as that recommended for adjust10 ing the grades and dates of rank of officers of the regular

11 component of the armed force concerned.’’.

12 (b) CONFORMING REPEAL.—Section 644 is repealed.

13 SEC. 113. ACTIVE-DUTY LIST PROMOTION BOARDS TO HAVE

14 AUTHORITY TO RECOMMEND THAT RESERVE

15 OFFICERS CONSIDERED FOR PROMOTION BE

16 REQUIRED TO SHOW CAUSE FOR RETENTION

17 ON ACTIVE DUTY.

18 Section 617(b) is amended—

19 (1) by inserting ‘‘or reserve’’ after ‘‘any regu20 lar’’; and

21 (2) by inserting ‘‘or 1411’’ after ‘‘chapter 60’’.

22 SEC. 114. APPLICABILITY OF CHAPTER 36 TO RESERVE OF23 FICERS DURING WAR OR NATIONAL EMER24 GENCY.

25 Section 641 is amended—
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1 (1) by inserting ‘‘(a)’’ before ‘‘Officers in the

2 following’’; and

3 (2) by adding at the end the following:

4 ‘‘(b) Under regulations prescribed by the Secretary

5 of the military department concerned, a reserve officer

6 who is ordered to active duty (whether voluntarily or invol7 untarily) during a war or national emergency and who

8 would otherwise be placed on the active-duty list may be

9 excluded from that list as determined by the Secretary

10 concerned. Exclusion of an officer from the active-duty list

11 as the result of action by the Secretary concerned under

12 the preceding sentence shall expire not later than 24

13 months after the date on which the officer enters active

14 duty under an order to active duty covered by that

15 sentence.’’.

16 SEC. 115. GRADE IN WHICH RESERVE OFFICERS ARE OR17 DERED TO ACTIVE DUTY.

18 Section 689 is amended—

19 (1) by inserting ‘‘or full-time National Guard

20 duty’’ after ‘‘active duty’’ the first two places it

21 appears; and

22 (2) by inserting ‘‘and placed on the active-duty

23 list’’ after ‘‘active duty’’ the third place it appears.

24 SEC. 116. DATE OF RANK.

25 Section 741(d)(3) is amended—
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1 (1) by inserting ‘‘or who is transferred from an

2 inactive status to an active status and placed on the

3 active-duty list or the reserve active-status list’’ after

4 ‘‘warrant officer (W–5)’’;

5 (2) by inserting ‘‘or reserve active-status list’’

6 after ‘‘active-duty list’’ the second place it appears;

7 and

8 (3) by adding at the end: ‘‘The authority to

9 change the date of rank of a reserve officer who is

10 placed on the active-duty list to a later date does not

11 apply in the case of an officer who (A) has served

12 continuously in the Selected Reserve of the Ready

13 Reserve since the officer’s last promotion, or (B) is

14 placed on the active-duty list while on a promotion

15 list as described in section 14317(b) of this title.’’.

16 SEC. 117. DISCHARGE BEFORE COMPLETION OF REQUIRED

17 SERVICE IN CASE OF OFFICERS HAVING

18 TWICE FAILED OF SELECTION FOR CAPTAIN

19 OR NAVY LIEUTENANT.

20 Section 1005(b) is amended—

21 (1) by striking out ‘‘or’’ at the end of

22 paragraph (1);

23 (2) by striking out the period at the end of

24 paragraph (2) and inserting in lieu thereof a semi25 colon; and
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1 (3) by adding at the end the following:

2 ‘‘(3) an officer on the active-duty list or reserve

3 active-status list who has failed of selection for pro4 motion for the second time to the grade of captain,

5 in the case of an officer of the Army, Air Force, or

6 Marine Corps, or to the grade of lieutenant, in the

7 case of an officer of the Navy; or

8 ‘‘(4) an officer whose discharge or transfer

9 from an active status is required by law.’’.

10 SEC. 118. CONFORMING AMENDMENTS RELATING TO NAVY

11 AND MARINE CORPS OFFICERS.

12 Section 6389 is amended—

13 (1) in subsection (a)—

14 (A) by inserting ‘‘while on the active-duty

15 list’’ after ‘‘to the next higher grade’’; and

16 (B) by striking out the period at the end

17 and inserting in lieu thereof ‘‘or released from

18 active duty and placed on the reserve active-sta19 tus list.’’;

20 (2) in subsection (b), by striking out ‘‘or (f)’’;

21 (3) in subsection (c)—

22 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’;

23 (B) by striking out ‘‘lieutenant commander

24 or above’’ both places it appears and inserting
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1 in lieu thereof ‘‘lieutenant commander or com2 mander’’;

3 (C) by striking out ‘‘major or above’’ both

4 places it appears and inserting in lieu thereof

5 ‘‘major or lieutenant colonel’’;

6 (D) by inserting ‘‘while on the active-duty

7 list’’ after ‘‘to the next higher grade’’ in the

8 first sentence; and

9 (E) in the table—

10 (i) by striking out the line relating to

11 the grades of captain in the Navy and colo12 nel in the Marine Corps; and

13 (ii) by striking out ‘‘26 years’’ and in14 serting in lieu thereof ‘‘28 years’’;

15 (F) by designating the sentence after the

16 table as paragraph (2) and in that sentence

17 striking out ‘‘the first sentence of this sub18 section’’ and inserting in lieu thereof ‘‘the first

19 sentence of paragraph (1)’’;

20 (G) by designating the next sentence as

21 paragraph (3) and in that sentence striking out

22 ‘‘the first two sentences of this subsection’’ and

23 inserting in lieu thereof ‘‘paragraph (1)’’; and

24 (H) by designating the last sentence as

25 paragraph (4) and in that sentence—
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1 (i) striking out ‘‘the first two sen2 tences of this subsection’’ and inserting in

3 lieu thereof ‘‘paragraph (1)’’; and

4 (ii) striking out ‘‘captain or’’; and

5 (4) by striking out subsections (e), (f), and (g).

6 SEC. 119. REPEAL OF RESERVE OFFICER PERSONNEL POL7 ICY LAWS.

8 (a) ARMY PROVISIONS.—

9 (1) Chapter 337, relating to appointments as

10 reserve officers (other than sections 3351 and

11 3352), is repealed.

12 (2) Chapter 361, relating to separation for var13 ious reasons, is repealed.

14 (3) Chapter 363, relating to separation or

15 transfer to the Retired Reserve, is repealed.

16 (b) NAVY AND MARINE CORPS PROVISIONS.—

17 (1) Chapter 541, relating to running mates as

18 reserve officers, is repealed.

19 (2) Chapter 549, relating to reserve promotions,

20 is repealed.

21 (3) Sections 6391, 6392, 6397, 6403, and 6410

22 are repealed.

23 (c) AIR FORCE PROVISIONS.—
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1 (1) Chapter 837, relating to appointments as

2 reserve officers (other than sections 8351 and

3 8352), is repealed.

4 (2) Sections 8819 and 8820 are repealed.

5 (3) Chapter 863, relating to separation or

6 transfer to the Retired Reserve, is repealed.

7 SEC. 120. AMENDMENTS TO TITLE 32, UNITED STATES

8 CODE.

9 Title 32, United States Code, is amended as follows:

10 (1) Sections 309 and 310 are amended to read

11 as follows:

12 ‘‘§ 309. Federal recognition of National Guard offi13 cers: officers promoted to fill vacancies

14 ‘‘Each officer of the National Guard who is promoted

15 to fill a vacancy in a federally recognized unit of the Na16 tional Guard, and who has been on the reserve active-sta17 tus list or the active-duty list of the Army or the Air Force

18 for at least one year and has completed the minimum

19 years of service in grade specified in section 14303 of title

20 10, shall be examined for Federal recognition in the grade

21 to which the officer is promoted.

22 ‘‘§ 310. Federal recognition of National Guard offi23 cers: automatic recognition

24 ‘‘(a) Notwithstanding sections 307 and 309 of this

25 title, if a second lieutenant of the National Guard is pro-
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1 moted to the grade of first lieutenant to fill a vacancy in

2 a federally recognized unit in the National Guard, Federal

3 recognition is automatically extended to that officer in the

4 grade of first lieutenant, effective as of the date on which

5 that officer has completed the service in the grade speci6 fied in section 14303(a)(1) of title 10 and has met such

7 other requirements as prescribed by the Secretary con8 cerned under section 14308(b) of that title, if the officer

9 has remained in an active status since the officer was so

10 recommended.

11 ‘‘(b) Notwithstanding sections 307 and 309 of this

12 title, if an officer of the Army Reserve or the Air Force

13 Reserve in a reserve grade above second lieutenant is ap14 pointed in the next higher grade in the National Guard

15 to fill a vacancy in a federally recognized unit in the Na16 tional Guard, Federal recognition is automatically ex17 tended to that officer in the grade in which the officer

18 is so appointed in the National Guard if the officer has

19 been recommended for promotion under chapter 1405 of

20 title 10 and has remained in an active status since the

21 officer was so recommended. The extension of Federal rec22 ognition under this subsection is effective as of the date

23 when the officer is appointed in the National Guard.’’.
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1 (2) Section 323 is amended by striking out sub2 sections (d) and (e) and inserting in lieu thereof

3 the following:

4 ‘‘(d) The Federal recognition of a reserve commis5 sioned officer of the Army or the Air Force who is—

6 ‘‘(1) federally recognized as an officer of the

7 National Guard; and

8 ‘‘(2) subject to involuntary transfer to the Re9 tired Reserve, transfer to an inactive status list, or

10 discharge under chapter 1407, 1409, or 1411 of title

11 10;

12 shall, if not sooner withdrawn, be withdrawn on the date

13 of such involuntary transfer or discharge.’’.

14 TITLE II—OTHER PERSONNEL POLICY

15 AMENDMENTS

16 PART A—APPOINTMENTS

17 SEC. 201. REPEAL OF SEPARATE AUTHORITY FOR ACCES18 SION OF WOMEN IN RESERVE COMPONENTS.

19 (a) ENLISTMENTS.—Section 510 is amended—

20 (1) by striking out subsection (c); and

21 (2) by redesignating subsection (d) as sub22 section (c).

23 (b) APPOINTMENT OF OFFICERS.—Section 591 is

24 amended—

25 (1) by striking out subsection (c); and
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1 (2) by redesignating subsections (d) and (e) as

2 subsections (c) and (d), respectively.

3 SEC. 202. APPOINTMENT AUTHORITY FOR RESERVE

4 GRADES OF LIEUTENANT COLONEL AND

5 COMMANDER.

6 Section 593(a) is amended—

7 (1) in the first sentence, by striking out ‘‘Re8 serves in commissioned grades below lieutenant colo9 nel and commander’’ and inserting in lieu thereof

10 ‘‘reserve officers in commissioned grades of lieuten11 ant colonel and commander or below’’; and

12 (2) in the second sentence, by striking out ‘‘Re13 serves in commissioned grades above major and lieu14 tenant commander’’ and inserting in lieu thereof

15 ‘‘reserve officers in commissioned grades above lieu16 tenant colonel and commander’’.

17 SEC. 203. APPOINTMENT OF FORMER COMMISSIONED OFFI18 CERS IN RESERVE COMPONENTS.

19 Chapter 34 is amended by inserting after section 596

20 the following new section:

21 ‘‘§ 596a. Commissioned officers: appointment of

22 former commissioned officers

23 ‘‘Under regulations prescribed by the Secretary of

24 Defense, a person who is a former commissioned officer

25 may, if otherwise qualified, be appointed as a reserve offi-
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1 cer of the Army, Navy, Air Force, or Marine Corps. A

2 person so appointed—

3 ‘‘(1) may be placed on the reserve active-status

4 list of that armed force in the grade equivalent to

5 the permanent regular or reserve grade, and in the

6 same competitive category, in which the person pre7 viously served satisfactorily on active duty or in an

8 active status; and

9 ‘‘(2) may be credited for the purpose of deter10 mining date of rank under section 741(d) of this

11 title with service in grade equal to that held by that

12 person when discharged or separated.’’.

13 SEC. 204. CONSTRUCTIVE CREDIT FOR APPOINTMENT OF

14 OFFICERS IN RESERVE COMPONENTS WITH

15 QUALIFYING EDUCATION OR EXPERIENCE.

16 Chapter 34 is further amended by inserting after sec17 tion 596a (as added by section 203) the following new

18 section:

19 ‘‘§ 596b. Commissioned officers: service credit upon

20 original appointment

21 ‘‘(a)(1) For the purpose of determining the grade and

22 the rank within grade of a person receiving an original

23 appointment as a reserve commissioned officer (other than

24 a commissioned warrant officer) in the Army, Navy, Air

25 Force, or Marine Corps, the person shall be credited at
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1 the time of the appointment with any commissioned serv2 ice (other than service as a commissioned warrant officer)

3 performed before such appointment as a regular officer,

4 or as a reserve officer in an active status, in any armed

5 force, the National Oceanic and Atmospheric Administra6 tion, or the Public Health Service.

7 ‘‘(2) The Secretary of Defense shall prescribe regula8 tions, which shall apply uniformly among the Army, Navy,

9 Air Force, and Marine Corps, to authorize the Secretary

10 of the military department concerned to limit the amount

11 of prior commissioned service with which a person receiv12 ing an original appointment may be credited under para13 graph (1), or to deny any such credit, in the case of a

14 person who at the time of such appointment is credited

15 with constructive service under subsection (b).

16 ‘‘(b)(1) Under regulations prescribed by the Sec17 retary of Defense, a person who is receiving an original

18 appointment as a reserve commissioned officer (other than

19 a commissioned warrant officer) of the Army, Navy, Air

20 Force, or Marine Corps, or a designation in, or an assign21 ment to, an officer category in which advanced education

22 or training is required and who has advanced education

23 or training, shall be credited with constructive service for

24 such education, training, or experience, as follows:
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1 ‘‘(A) One year for each year of advanced edu2 cation beyond the baccalaureate degree level, for per3 sons appointed or designated in, or assigned to, offi4 cer categories requiring such advanced education or

5 an advanced degree as a prerequisite for such ap6 pointment, designation, or assignment. Except as

7 provided in subparagraph (D), in determining the

8 number of years of constructive service to be cred9 ited under this subparagraph to officers in any pro10 fessional field, the Secretary concerned shall credit

11 an officer with, but with not more than, the number

12 of years of postsecondary education in excess of four

13 that are required by a majority of institutions that

14 award degrees in that professional field for comple15 tion of the advanced education or award of the ad16 vanced degree.

17 ‘‘(B)(i) Credit for any period of advanced edu18 cation in a health profession (other than medicine

19 and dentistry) beyond the baccalaureate degree level

20 which exceeds the basic education criteria for such

21 appointment, designation, or assignment, if such ad22 vanced education will be directly used by the armed

23 force concerned.

24 ‘‘(ii) Credit for experience in a health profession

25 (other than medicine or dentistry), if such experi-
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1 ence will be directly used by the armed force con2 cerned.

3 ‘‘(C) Additional credit of (i) not more than one

4 year for internship or equivalent graduate medical,

5 dental, or other formal health professional training

6 required by the armed forces, and (ii) not more than

7 one year for each additional year of such graduate8 level training or experience creditable toward certifi9 cation in a speciality required by the armed force

10 concerned.

11 ‘‘(D) Additional credit, in unusual cases, based

12 on special experience in a particular field.

13 ‘‘(E) Additional credit of one year for advanced

14 education in a health profession if the number of

15 years of baccalaureate education completed by 75

16 percent or more of the students entering advanced

17 training in that health profession exceeds, by one or

18 more, the minimum number of years of

19 preprofessional education required by a majority of

20 institutions which award degrees in that health pro21 fession. The percentage of such persons shall be

22 computed on an annual basis for each health profes23 sion from the data for the year in which the person

24 being so appointed, designated, or assigned was ad25 mitted to a professional school. However, a person
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1 may not receive additional credit under this subpara2 graph if the amount of that person’s baccalaureate

3 education does not exceed, by one or more, the mini4 mum number of years of preprofessional education

5 required by a majority of institutions which award

6 degrees for that health profession, determined on the

7 basis prescribed in the preceding sentence.

8 ‘‘(F) Additional credit for experience as a phy9 sician or dentist, if appointed, assigned, or des10 ignated as a medical or dental officer.

11 ‘‘(2) If the Secretary of Defense determines that the

12 number of medical or dental officers serving in an active

13 status in a reserve component of the Army, Navy, or Air

14 Force in grades below major or lieutenant commander is

15 critically below the number needed by such reserve compo16 nent in such grades, the Secretary of Defense may author17 ize the Secretary of the military department concerned to

18 credit any person who is receiving an original appointment

19 for service as a medical or dental officer with a period

20 of constructive credit in such amount (in addition to any

21 amount credited such person under subsection (b)) as will

22 result in the grade of such person being that of captain

23 or, in the case of the Naval Reserve, lieutenant.

24 ‘‘(3) Except as authorized by the Secretary concerned

25 in individual cases and under regulations prescribed by the
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1 Secretary of Defense in the case of a medical or dental

2 officer, the amount of constructive service credited an offi3 cer under this subsection may not exceed the amount re4 quired in order for the officer to be eligible for an original

5 appointment as a reserve officer of the Army, Air Force,

6 or Marine Corps in the grade of major or as a reserve

7 officer of the Navy in the grade of lieutenant commander.

8 ‘‘(4) Constructive service credited an officer under

9 this subsection is in addition to any service credited that

10 officer under subsection (a) and shall be credited at the

11 time of the original appointment of the officer or assign12 ment to or designation in an officer category in which

13 advanced education or training or special experience is

14 required.

15 ‘‘(c) Constructive service may not be credited under

16 subsection (b) for education, training, or experience ob17 tained while serving as a commissioned officer (other than

18 a warrant officer) on active duty or in an active status.

19 However, in the case of an officer who completes advanced

20 education or receives an advanced degree while on active

21 duty or in an active status and in less than the number

22 of years normally required to complete such advanced edu23 cation or receive such advanced degree, constructive serv24 ice may, subject to regulations prescribed under subsection

25 (a)(2), be credited to the officer under subsection
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1 (b)(1)(A) to the extent that the number of years normally

2 required to complete such advanced education or receive

3 such advanced degree exceeds the actual number of years

4 in which such advanced education or degree is obtained

5 by the officer.

6 ‘‘(d) If the Secretary of Defense determines that the

7 number of qualified judge advocates serving on the active8 duty list of the Army, Navy, Air Force, or Marine Corps

9 in grades below lieutenant commander or major is criti10 cally below the number needed by that armed force in

11 those grades, the Secretary of Defense may authorize the

12 Secretary of the military department concerned to credit

13 any person who is receiving an original appointment with

14 a view to assignment to the Judge Advocate General’s

15 Corps of the Army or appointment to the Judge Advocate

16 General’s Corps of the Navy, or who is receiving an origi17 nal appointment in the Air Force or Marine Corps with

18 a view to designation as a judge advocate, with a period

19 of constructive service in such an amount (in addition to

20 any amount credited such person under subsection (b)) as

21 will result in the grade of such person being that of cap22 tain or, in the case of the Navy, lieutenant, and the date

23 of rank of such person being junior to that of all other

24 officers of the same grade serving on the active-duty list.
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1 ‘‘(e) Constructive service credited an officer under

2 subsection (b) or (d) shall be used only for determin3 ing the officer’s—

4 ‘‘(1) initial grade as a reserve officer;

5 ‘‘(2) rank in grade; and

6 ‘‘(3) service in grade for promotion eligibility.

7 ‘‘(f) The grade and position on the reserve active-sta8 tus list of a person receiving an appointment as a reserve

9 officer who at the time of appointment is credited with

10 service under this section shall be determined under regu11 lations prescribed by the Secretary of Defense based upon

12 the amount of service credited.’’.

13 SEC. 205. COMPUTATION OF YEARS OF SERVICE FOR

14 TRANSFER OF ARMY OFFICERS TO RETIRED

15 RESERVE.

16 (a) INTERIM REPEAL OF OBSOLETE PROVISION.—

17 Effective for the period beginning on the date of the enact18 ment of this Act and ending on the effective date specified

19 in section 601, section 3853 is amended by striking out

20 ‘‘the greater of—’’ and all that follows and inserting in

21 lieu thereof ‘‘the sum of the following:

22 ‘‘(1) The officer’s years of service as a commis23 sioned officer of any component of the armed forces

24 or of the Army without specification of component.
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1 ‘‘(2) The officer’s years of service in a federally

2 recognized commissioned status in the National

3 Guard if his service in the National Guard was con4 tinuous from the date of his Federal recognition as

5 an officer in the National Guard to the date of his

6 appointment in the National Guard of the United

7 States.’’.

8 (b) EFFECTIVE DATE.—The amendment made by

9 subsection (a) shall apply with respect to transfers to the

10 Retired Reserve and to discharges on or after the date

11 of the enactment of this Act.

12 SEC. 206. REPEAL OF MISCELLANEOUS OBSOLETE AP13 POINTMENT AUTHORITIES.

14 (a) ARMY RESERVE OFFICERS APPOINTED IN TEM15 PORARY GRADES.—Section 3352(a) is amended by strik16 ing out the second sentence.

17 (b) AIR FORCE AVIATION CADETS.—Section 8356 is

18 repealed.

19 (c) REDUNDANT STATEMENT OF AUTHORITY.—Sec20 tion 8379 is repealed.
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1 PART B—SEPARATION AND RETIREMENT

2 SEC. 221. COMPUTATION OF HIGHEST GRADE IN WHICH

3 SATISFACTORILY SERVED FOR RESERVE

4 COMMISSIONED OFFICERS AND FORMER OF5 FICERS.

6 Section 1370 is amended by adding at the end the

7 following new subsection:

8 ‘‘(d)(1) Unless entitled to a higher grade, or to credit

9 for satisfactory service in a higher grade, under some

10 other provision of law, a person who is entitled to retired

11 pay under chapter 1225 of this title shall, upon application

12 under section 12731 of this title, be credited with satisfac13 tory service in the highest grade in which that person

14 served satisfactorily at any time in the armed forces, as

15 determined by the Secretary concerned in accordance with

16 this subsection.

17 ‘‘(2)(A) In order to be credited with satisfactory serv18 ice in an officer grade (other than a warrant officer grade)

19 below the grade of lieutenant colonel or commander, a per20 son covered by paragraph (1) must have served satisfac21 torily in that grade (as determined by the Secretary of

22 the military department concerned) as a reserve commis23 sioned officer in an active status, or in a retired status

24 on active duty, for not less than six months.
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1 ‘‘(B) In order to be credited with satisfactory service

2 in an officer grade above major or lieutenant commander

3 and below lieutenant general or vice admiral, a person cov4 ered by paragraph (1) must have served satisfactorily in

5 that grade (as determined by the Secretary of the military

6 department concerned) as a reserve commissioned officer

7 in an active status, or in a retired status on active duty,

8 for not less than three years. A person covered by the pre9 ceding sentence who has completed at least six months of

10 satisfactory service in grade and is transferred from an

11 active status or discharged as a reserve commissioned offi12 cer solely due to the requirements of a nondiscretionary

13 provision of law requiring that transfer or discharge due

14 to the person’s age or years of service may be credited

15 with satisfactory service in the grade in which serving at

16 the time of such transfer or discharge, notwithstanding

17 failure of the person to complete three years of service in

18 that grade.

19 ‘‘(3) A person whose length of service in the highest

20 grade held does not meet the service in grade requirements

21 specified in this subsection shall be credited with satisfac22 tory service in the next lower grade in which that person

23 served satisfactorily (as determined by the Secretary of

24 the military department concerned) for not less than six

25 months.’’.
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1 PART C—OTHER AMENDMENTS

2 SEC. 241. TENURE IN OFFICE OF CHIEF OF NATIONAL

3 GUARD BUREAU.

4 Section 3040(c) is amended by adding at the end the

5 following new sentence: ‘‘While holding that office, the

6 Chief of the National Guard Bureau may not be removed

7 from the reserve active-status list, or from an active sta8 tus, under any provision of law that otherwise would re9 quire such removal due to completion of a specified num10 ber of years of service or a specified number of years of

11 service in grade.’’.

12 SEC. 242. RIGHT TO REENLIST IN REGULAR ARMY OR

13 REGULAR AIR FORCE AFTER SERVICE AS AN

14 OFFICER.

15 (a) ARMY.—Section 3258 is amended—

16 (1) by striking out ‘‘Any former enlisted mem17 ber’’ and inserting in lieu thereof ‘‘(a) Subject to

18 subsections (b) and (c), a former enlisted member’’;

19 (2) by striking out the last sentence; and

20 (3) by adding at the end the following:

21 ‘‘(b) A person who is a former enlisted member is

22 not entitled to be reenlisted under subsection (a) if that

23 person is discharged or released from active duty from

24 service as an officer described in that subsection—
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1 ‘‘(1) because that person’s performance of duty

2 while serving as such an officer has fallen below

3 standards prescribed by the Secretary of Defense;

4 ‘‘(2) because of misconduct or moral or profes5 sional dereliction; or

6 ‘‘(3) because retention of that person as an offi7 cer is not clearly consistent with the interest of na8 tional security.

9 ‘‘(c) A person who is a former enlisted member is

10 not entitled to be reenlisted under subsection (a) if that

11 person’s status and grade as an enlisted member were only

12 held during, and solely as a result of, participation in a

13 precommissioning program after the effective date of the

14 Reserve Officer Personnel Management Act.’’.

15 (b) AIR FORCE.—Section 8258 is amended—

16 (1) by striking out ‘‘Any former enlisted mem17 ber’’ and inserting in lieu thereof ‘‘(a) Subject to

18 subsections (b) and (c), a former enlisted member’’;

19 (2) by striking out the last sentence; and

20 (3) by adding at the end the following:

21 ‘‘(b) A person who is a former enlisted member is

22 not entitled to be reenlisted under subsection (a) if that

23 person is discharged or released from active duty from

24 service as an officer described in that subsection—
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1 ‘‘(1) because that person’s performance of duty

2 while serving as such an officer has fallen below

3 standards prescribed by the Secretary of Defense;

4 ‘‘(2) because of misconduct or moral or profes5 sional dereliction; or

6 ‘‘(3) because retention of that person as an offi7 cer is not clearly consistent with the interest of na8 tional security.

9 ‘‘(c) A person who is a former enlisted member is

10 not entitled to be reenlisted under subsection (a) if that

11 person’s status and grade as an enlisted member were only

12 held during, and solely as a result of, participation in a

13 precommissioning program after the effective date of the

14 Reserve Officer Personnel Management Act.’’.

15 TITLE III—REORGANIZATION AND CON16 SOLIDATION OF LAWS RELATING TO

17 RESERVE COMPONENTS

18 SEC. 301. LAWS RELATING TO ORGANIZATION AND ADMIN19 ISTRATION OF RESERVE COMPONENTS.

20 (a) RESERVE COMPONENTS GENERALLY.—(1) Sub21 title E, as added by section 101, is amended by inserting

22 after the table of chapters at the beginning of the sub23 title the following:
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1 ‘‘PART I—ORGANIZATION AND

2 ADMINISTRATION

‘‘Chap Sec.

‘‘1001. Definitions .................................................................................... 10001

‘‘1003. Reserve Components Generally .................................................... 10101

‘‘1005. Elements of Reserve Components ................................................ 10141

‘‘1007. Administration of Reserve Components ....................................... 10201

‘‘1009. Reserve Forces Policy Boards and Committees .......................... 10301

‘‘1011. National Guard Bureau ............................................................... 10501

‘‘1013. Budget Information and Annual Reports to Congress ................ 10541

3 ‘‘CHAPTER 1001—DEFINITIONS

‘‘Sec.

‘‘10001. Definition of State.

4 ‘‘§ 10001. Definition of State

5 ‘‘In this subtitle, the term ‘State’ includes the Dis6 trict of Columbia, the Commonwealth of Puerto Rico,

7 the Virgin Islands, and Guam.

8 ‘‘CHAPTER 1003—RESERVE COMPONENTS

9 GENERALLY

‘‘Sec.

‘‘10101. Reserve components named.

‘‘10102. Purpose of reserve components.

‘‘10103. Basic policy for order of National Guard into Federal service.

‘‘10104. Army Reserve: composition.

‘‘10105. Army National Guard of the United States: composition.

‘‘10106. Army National Guard: when a component of the Army.

‘‘10107. Army National Guard of the United States: status when not in Federal

service.

‘‘10108. Naval Reserve: administration.

‘‘10109. Marine Corps Reserve: administration.

‘‘10110. Air Force Reserve: composition.

‘‘10111. Air National Guard of the United States: composition.

‘‘10112. Air National Guard: when a component of the Air Force.

‘‘10113. Air National Guard of the United States: status when not in Federal

service.

‘‘10114. Coast Guard Reserve.

10 ‘‘§ 10101. Reserve components named

11 ‘‘The reserve components of the armed forces are:
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1 ‘‘(1) The Army National Guard of the United

2 States.

3 ‘‘(2) The Army Reserve.

4 ‘‘(3) The Naval Reserve.

5 ‘‘(4) The Marine Corps Reserve.

6 ‘‘(5) The Air National Guard of the United

7 States.

8 ‘‘(6) The Air Force Reserve.

9 ‘‘(7) The Coast Guard Reserve.

10 ‘‘§ 10102. Purpose of reserve components

11 ‘‘The purpose of each reserve component is to provide

12 trained units and qualified persons available for active

13 duty in the armed forces, in time of war or national emer14 gency, and at such other times as the national security

15 may require, to fill the needs of the armed forces when16 ever, during and after the period needed to procure and

17 train additional units and qualified persons to achieve the

18 planned mobilization, more units and persons are need19 ed than are in the regular components.

20 ‘‘§ 10103. Basic policy for order of the National Guard

21 and reserve components to active duty

22 ‘‘Whenever Congress determines that more units and

23 organizations are needed for the national security than are

24 in the regular components of the ground and air forces,

25 the Army National Guard of the United States and the
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1 Air National Guard of the United States, or such parts

2 of them as are needed, together with units of other reserve

3 components necessary for a balanced force, shall be or4 dered to active duty and retained as long as so needed.

5 ‘‘§ 10104. Army Reserve: composition

6 ‘‘The Army Reserve includes all Reserves of the Army

7 who are not members of the Army National Guard of the

8 United States.

9 ‘‘§ 10105. Army National Guard of the United States:

10 composition

11 ‘‘The Army National Guard of the United States is

12 the reserve component of the Army that consists of—

13 ‘‘(1) federally recognized units and organiza14 tions of the Army National Guard; and

15 ‘‘(2) members of the Army National Guard who

16 are also Reserves of the Army.

17 ‘‘§ 10106. Army National Guard: when a component of

18 the Army

19 ‘‘The Army National Guard while in the service of

20 the United States is a component of the Army.

21 ‘‘§ 10107. Army National Guard of the United States:

22 status when not in Federal service

23 ‘‘When not on active duty, members of the Army Na24 tional Guard of the United States shall be administered,
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1 armed, equipped, and trained in their status as members

2 of the Army National Guard.

3 ‘‘§ 10108. Naval Reserve: administration

4 ‘‘(a) The Naval Reserve is the reserve component of

5 the Navy. It shall be organized, administered, trained, and

6 supplied under the direction of the Chief of Naval Oper7 ations.

8 ‘‘(b) The bureaus and offices of the executive part

9 of the Department of the Navy have the same relation and

10 responsibility to the Naval Reserve as they do to the Regu11 lar Navy.

12 ‘‘§ 10109. Marine Corps Reserve: administration

13 ‘‘(a) The Marine Corps Reserve is the reserve compo14 nent of the Marine Corps. It shall be organized, adminis15 tered, trained, and supplied under the direction of the

16 Commandant of the Marine Corps.

17 ‘‘(b) The departments and offices of Headquarters,

18 Marine Corps have the same relation and responsibilities

19 to the Marine Corps Reserve as they do to the Regular

20 Marine Corps.

21 ‘‘§ 10110. Air Force Reserve: composition

22 ‘‘The Air Force Reserve is a reserve component of

23 the Air Force to provide a reserve for active duty. It con24 sists of the members of the officers’ section of the Air

25 Force Reserve and of the enlisted section of the Air Force
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1 Reserve. It includes all Reserves of the Air Force who are

2 not members of the Air National Guard of the United

3 States.

4 ‘‘§ 10111. Air National Guard of the United States:

5 composition

6 ‘‘The Air National Guard of the United States is the

7 reserve component of the Air Force that consists of—

8 ‘‘(1) federally recognized units and organiza9 tions of the Air National Guard; and

10 ‘‘(2) members of the Air National Guard who

11 are also Reserves of the Air Force.

12 ‘‘§ 10112. Air National Guard: when a component of

13 the Air Force

14 ‘‘The Air National Guard while in the service of the

15 United States is a component of the Air Force.

16 ‘‘§ 10113. Air National Guard of the United States: sta17 tus when not in Federal service

18 ‘‘When not on active duty, members of the Air Na19 tional Guard of the United States shall be administered,

20 armed, equipped, and trained in their status as members

21 of the Air National Guard.

22 ‘‘§ 10114. Coast Guard Reserve

23 ‘‘As provided in section 701 of title 14, the Coast

24 Guard Reserve is a component of the Coast Guard and

25 is organized, administered, trained, and supplied under
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1 the direction of the Commandant of the Coast Guard.

2 Laws applicable to the Coast Guard Reserve are set forth

3 in chapter 21 of title 14 (14 U.S.C. 701 et seq.).

4 ‘‘CHAPTER 1005—ELEMENTS OF RESERVE

5 COMPONENTS

‘‘Sec.

‘‘10141. Ready Reserve; Standby Reserve; Retired Reserve: placement and status of members; training categories.

‘‘10142. Ready Reserve generally.

‘‘10143. Ready Reserve: Selected Reserve.

‘‘10144. Ready Reserve: Individual Ready Reserve.

‘‘10145. Ready Reserve: placement in.

‘‘10146. Ready Reserve: transfer from.

‘‘10147. Ready Reserve: training requirements.

‘‘10148. Ready Reserve: failure to satisfactorily perform prescribed training.

‘‘10149. Ready Reserve: continuous screening.

‘‘10150. Ready Reserve: transfer back from Standby Reserve.

‘‘10151. Standby Reserve: composition.

‘‘10152. Standby Reserve: inactive status list.

‘‘10153. Standby Reserve: status of members.

‘‘10154. Retired Reserve.

6 ‘‘§ 10141. Ready Reserve; Standby Reserve; Retired

7 Reserve: placement and status of

8 members; training categories

9 ‘‘(a) There are in each armed force a Ready Reserve,

10 a Standby Reserve, and a Retired Reserve. Each Reserve

11 shall be placed in one of those categories.

12 ‘‘(b) Reserves who are on the inactive status list of

13 a reserve component, or who are assigned to the inactive

14 Army National Guard or the inactive Air National Guard,

15 are in an inactive status. Members in the Retired Reserve

16 are in a retired status. All other Reserves are in an active

17 status.
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1 ‘‘(c) As prescribed by the Secretary concerned, each

2 reserve component except the Army National Guard of the

3 United States and the Air National Guard of the United

4 States shall be divided into training categories according

5 to the degrees of training, including the number and dura6 tion of drills or equivalent duties to be completed in stated

7 periods. The designation of training categories shall be the

8 same for all armed forces and the same within the Ready

9 Reserve and the Standby Reserve.

10 ‘‘§ 10142. Ready Reserve

11 ‘‘(a) The Ready Reserve consists of units or Reserves,

12 or both, liable for active duty as provided in sections

13 12301 and 12302 of this title.

14 ‘‘(b) The authorized strength of the Ready Reserve

15 is 2,900,000.

16 ‘‘§ 10143. Ready Reserve: Selected Reserve

17 ‘‘(a) Within the Ready Reserve of each of the reserve

18 components there is a Selected Reserve. The Selected Re19 serve consists of units, and, as designated by the Secretary

20 concerned, of Reserves, trained as prescribed in section

21 10147(a)(1) of this title or section 502(a) of title 32, as

22 appropriate.

23 ‘‘(b) The organization and unit structure of the Se24 lected Reserve shall be approved—
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1 ‘‘(1) in the case of all reserve components other

2 than the Coast Guard Reserve, by the Secretary of

3 Defense based upon recommendations from the mili4 tary departments as approved by the Chairman of

5 the Joint Chiefs of Staff in accordance with contin6 gency and war plans; and

7 ‘‘(2) in the case of the Coast Guard Reserve, by

8 the Secretary of Transportation upon the rec9 ommendation of the Commandant of the Coast

10 Guard.

11 ‘‘§ 10144. Ready Reserve: Individual Ready Reserve

12 ‘‘Within the Ready Reserve of each of the reserve

13 components there is an Individual Ready Reserve. The In14 dividual Ready Reserve consists of those members of the

15 Ready Reserve who are not in the Selected Reserve or the

16 inactive National Guard.

17 ‘‘§ 10145. Ready Reserve: placement in

18 ‘‘(a) Each person required under law to serve in a

19 reserve component shall, upon becoming a member, be

20 placed in the Ready Reserve of his armed force for his

21 prescribed term of service, unless he is transferred to the

22 Standby Reserve under section 10146(a) of this title.

23 ‘‘(b) The units and members of the Army National

24 Guard of the United States and of the Air National Guard
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1 of the United States are in the Ready Reserve of the Army

2 and the Ready Reserve of the Air Force, respectively.

3 ‘‘(c) All Reserves assigned to units organized to serve

4 as units and designated as units in the Ready Reserve are

5 in the Ready Reserve.

6 ‘‘(d) Under such regulations as the Secretary con7 cerned may prescribe, any qualified member of a reserve

8 component or any qualified retired enlisted member of a

9 regular component may, upon his request, be placed in the

10 Ready Reserve. However, a member of the Retired Reserve

11 entitled to retired pay or a retired enlisted member of a

12 regular component may not be placed in the Ready Re13 serve unless the Secretary concerned makes a special find14 ing that the member’s services in the Ready Reserve are

15 indispensable. The Secretary concerned may not delegate

16 his authority under the preceding sentence.

17 ‘‘§ 10146. Ready Reserve: transfer from

18 ‘‘(a) Subject to subsection (c) and under regulations

19 prescribed by the Secretary of Defense, or by the Sec20 retary of Transportation with respect to the Coast Guard

21 when it is not operating as a service in the Navy, a mem22 ber in the Ready Reserve may be transferred to the Stand23 by Reserve.

24 ‘‘(b) A Reserve who is qualified and so requests may

25 be transferred to the Retired Reserve under regulations
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1 prescribed by the Secretary concerned and, in the case of

2 the Secretary of a military department, approved by the

3 Secretary of Defense.

4 ‘‘(c) A member of the Army National Guard of the

5 United States or the Air National Guard of the United

6 States may be transferred to the Standby Reserve only

7 with the consent of the governor or other appropriate au8 thority of the State.

9 ‘‘§ 10147. Ready Reserve: training requirements

10 ‘‘(a) Except as specifically provided in regulations to

11 be prescribed by the Secretary of Defense, or by the Sec12 retary of Transportation with respect to the Coast Guard

13 when it is not operating as a service in the Navy, each

14 person who is enlisted, inducted, or appointed in an armed

15 force, and who becomes a member of the Ready Reserve

16 under any provision of law except section 513 or 10145(b)

17 of this title, shall be required, while in the Ready Reserve,

18 to—

19 ‘‘(1) participate in at least 48 scheduled drills

20 or training periods during each year and serve on

21 active duty for training of not less than 14 days (ex22 clusive of traveltime) during each year; or

23 ‘‘(2) serve on active duty for training not more

24 than 30 days during each year.
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1 ‘‘(b) A member who has served on active duty for

2 one year or longer may not be required to perform a period

3 of active duty for training if the first day of that period

4 falls during the last 120 days of the member’s required

5 membership in the Ready Reserve.

6 ‘‘§ 10148. Ready Reserve: failure to satisfactorily per7 form prescribed training

8 ‘‘(a) A member of the Ready Reserve covered by sec9 tion 10147 of this title who fails in any year to perform

10 satisfactorily the training duty prescribed in that section,

11 as determined by the Secretary concerned under regula12 tions prescribed by the Secretary of Defense, may be or13 dered without his consent to perform additional active

14 duty for training for not more than 45 days. If the failure

15 occurs during the last year of his required membership

16 in the Ready Reserve, his membership is extended until

17 he performs that additional active duty for training, but

18 not for more than six months.

19 ‘‘(b) A member of the Army National Guard of the

20 United States or the Air National Guard of the United

21 States who fails in any year to perform satisfactorily the

22 training duty prescribed by or under law for members of

23 the Army National Guard or the Air National Guard, as

24 the case may be, as determined by the Secretary con25 cerned, may, upon the request of the Governor of the State
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1 (or, in the case of the District of Columbia, the command2 ing general of the District of Columbia National Guard)

3 be ordered, without his consent, to perform additional ac4 tive duty for training for not more than 45 days. A mem5 ber ordered to active duty under this subsection shall be

6 ordered to duty as a Reserve of the Army or as a Reserve

7 of the Air Force, as the case may be.

8 ‘‘§ 10149. Ready Reserve: continuous screening

9 ‘‘(a) Under regulations to be prescribed by the Presi10 dent, the Secretary concerned shall provide a system of

11 continuous screening of units and members of the Ready

12 Reserve to ensure the following:

13 ‘‘(1) That there will be no significant attrition

14 of those members or units during a mobilization.

15 ‘‘(2) That there is a proper balance of military

16 skills.

17 ‘‘(3) That except for those with military skills

18 for which there is an overriding requirement, mem19 bers having critical civilian skills are not retained in

20 numbers beyond the need for those skills.

21 ‘‘(4) That with due regard to national security

22 and military requirements, recognition will be given

23 to participation in combat.

24 ‘‘(5) That members whose mobilization in an

25 emergency would result in an extreme personal or
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1 community hardship are not retained in the

2 Ready Reserve.

3 ‘‘(b) Under regulations to be prescribed by the Sec4 retary of Defense, and by the Secretary of Transportation

5 with respect to the Coast Guard when it is not operating

6 as a service in the Navy, a member of the Ready Reserve

7 who is designated as a member not to be retained in the

8 Ready Reserve as a result of screening under subsection

9 (a) shall, as appropriate, be—

10 ‘‘(1) transferred to the Standby Reserve;

11 ‘‘(2) discharged; or

12 ‘‘(3) if the member is eligible and applies there13 for, transferred to the Retired Reserve.

14 ‘‘§ 10150. Ready Reserve: transfer back from Standby

15 Reserve

16 ‘‘Under regulations to be prescribed by the Secretary

17 of Defense, and by the Secretary of Transportation with

18 respect to the Coast Guard when it is not operating as

19 a service in the Navy, a member of the Standby Reserve

20 who has not completed his required period of service in

21 the Ready Reserve may be transferred to the Ready Re22 serve when the reason for his transfer to the Standby Re23 serve no longer exists.
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1 ‘‘§ 10151. Standby Reserve: composition

2 ‘‘The Standby Reserve consists of those units or

3 members, or both, of the reserve components, other than

4 those in the Ready Reserve or Retired Reserve, who are

5 liable for active duty only as provided in sections 12301

6 and 12306 of this title.

7 ‘‘§ 10152. Standby Reserve: inactive status list

8 ‘‘(a) An inactive status list shall be maintained in the

9 Standby Reserve. Whenever an authority designated by

10 the Secretary concerned considers that it is in the best

11 interest of the armed force concerned, a member in the

12 Standby Reserve who is not required to remain a Reserve,

13 and who cannot participate in prescribed training, may,

14 if qualified, be transferred to the inactive status list under

15 regulations to be prescribed by the Secretary concerned.

16 These regulations shall fix the conditions under which

17 such a member is entitled to be returned to an active

18 status.

19 ‘‘§ 10153. Standby Reserve: status of members

20 ‘‘While in an inactive status, a Reserve is not eligible

21 for pay or promotion and (as provided in section 12734(a)

22 of this title) does not accrue credit for years of service

23 under chapter 1223 of this title.

24 ‘‘§ 10154. Retired Reserve

25 ‘‘The Retired Reserve consists of the following

26 Reserves:
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1 ‘‘(1) Reserves who are or have been retired

2 under section 3911, 6323, or 8911 of this title or

3 under section 291 of title 14.

4 ‘‘(2) Reserves who have been transferred to the

5 Retired Reserve upon their request, retain their

6 status as Reserves, and are otherwise qualified.

7 ‘‘CHAPTER 1007—ADMINISTRATION OF RESERVE

8 COMPONENTS

‘‘Sec.

‘‘10201. Assistant Secretary of Defense for Reserve Affairs.

‘‘10202. Regulations.

‘‘10203. Reserve affairs: designation of general or flag officer of each armed

force.

‘‘10204. Personnel records.

‘‘10205. Members of Individual Ready Reserve: requirement of notification of

change of status.

‘‘10206. Members: periodic physical examinations.

‘‘10207. Mobilization forces: maintenance.

‘‘10208. Annual mobilization exercise.

‘‘10209. Regular and reserve components: discrimination prohibited.

‘‘10210. Dissemination of information.

‘‘10211. Policies and regulations: participation of reserve officers in preparation

and administration.

‘‘10212. Reserve components: dual membership prohibited.

‘‘10213. Adjutants general and assistant adjutants general: reference to other

officers of National Guard.

‘‘10214. Officers of Army National Guard of the United States and Air National

Guard of the United States: authority with respect to Federal

status.

9 ‘‘§ 10201. Assistant Secretary of Defense for Reserve

10 Affairs

11 ‘‘As provided in section 136(b)(2) of this title, the

12 official in the Department of Defense with responsibility

13 for overall supervision of reserve component affairs of the

14 Department of Defense is the Assistant Secretary of

15 Defense for Reserve Affairs.
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1 ‘‘§ 10202. Regulations

2 ‘‘(a) Subject to standards, policies, and procedures

3 prescribed by the Secretary of Defense, the Secretary of

4 each military department shall prescribe such regulations

5 as the Secretary considers necessary to carry out provi6 sions of law relating to the reserve components under

7 the Secretary’s jurisdiction.

8 ‘‘(b) The Secretary of Transportation, with the con9 currence of the Secretary of the Navy, shall prescribe such

10 regulations as the Secretary considers necessary to carry

11 out all provisions of law relating to the reserve components

12 insofar as they relate to the Coast Guard, except when

13 the Coast Guard is operating as a service in the Navy.

14 ‘‘(c) So far as practicable, regulations for all reserve

15 components shall be uniform.

16 ‘‘§ 10203. Reserve affairs: designation of general or

17 flag officer of each armed force

18 ‘‘(a) The Secretary of the Army may designate a gen19 eral officer of the Army to be directly responsible for

20 reserve affairs to the Chief of Staff of the Army.

21 ‘‘(b) The Secretary of the Navy may designate a flag

22 officer of the Navy to be directly responsible for reserve

23 affairs to the Chief of Naval Operations and a general offi24 cer of the Marine Corps to be directly responsible for re25 serve affairs to the Commandant of the Marine Corps.
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1 ‘‘(c) The Secretary of the Air Force may designate

2 a general officer of the Air Force to be directly responsible

3 for reserve affairs to the Chief of Staff of the Air Force.

4 ‘‘(d) The Secretary of Transportation may designate

5 a flag officer of the Coast Guard to be directly responsible

6 for reserve affairs to the Commandant of the Coast Guard.

7 ‘‘(e) This section does not affect the functions of the

8 Chief of the National Guard Bureau, the Chief of Army

9 Reserve, or the Chief of Air Force Reserve.

10 ‘‘§ 10204. Personnel records

11 ‘‘(a) The Secretary concerned shall maintain ade12 quate and current personnel records of each member of

13 the reserve components under the Secretary’s jurisdiction

14 showing the following with respect to the member:

15 ‘‘(1) Physical condition.

16 ‘‘(2) Dependency status.

17 ‘‘(3) Military qualifications.

18 ‘‘(4) Civilian occupational skills.

19 ‘‘(5) Availability for service.

20 ‘‘(6) Such other information as the Secretary

21 concerned may prescribe.

22 ‘‘(b) Under regulations to be prescribed by the Sec23 retary of Defense, the Secretary of each military depart24 ment shall maintain a record of the number of members

25 of each class of each reserve component who, during each
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1 fiscal year, have participated satisfactorily in active duty

2 for training and inactive duty training with pay.

3 ‘‘§ 10205. Members of Ready Reserve: requirement of

4 notification of change of status

5 ‘‘(a) Each member of the Ready Reserve shall notify

6 the Secretary concerned of any change in the member’s

7 address, marital status, number of dependents, or civilian

8 employment and of any change in the member’s physical

9 condition that would prevent the member from meeting

10 the physical or mental standards prescribed for the mem11 ber’s armed force.

12 ‘‘(b) This section shall be administered under regula13 tions prescribed by the Secretary of Defense and by the

14 Secretary of Transportation with respect to the Coast

15 Guard when it is not operating as a service in the Navy.

16 ‘‘§ 10206. Members: periodic physical examinations

17 ‘‘(a) Each member of the Ready Reserve who is not

18 on active duty shall—

19 ‘‘(1) be examined as to his physical fitness

20 every four years, or more often as the Secretary con21 cerned considers necessary; and

22 ‘‘(2) execute and submit annually to the Sec23 retary concerned a certificate of physical condition.

24 Each Reserve in an active status, or on an inactive status

25 list, who is not on active duty shall execute and submit
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1 annually to the Secretary concerned a certificate of phys2 ical condition.

3 ‘‘(b) The kind of duty to which a Reserve ordered

4 to active duty may be assigned shall be considered in de5 termining physical qualifications for active duty.

6 ‘‘§ 10207. Mobilization forces: maintenance

7 ‘‘(a) Whenever units or members of the reserve com8 ponents are ordered to active duty (other than for train9 ing) during a period of partial mobilization, the Secretary

10 concerned shall continue to maintain mobilization forces

11 by planning and budgeting for the continued organization

12 and training of the reserve components not mobilized, and

13 make the fullest practicable use of the Federal facilities

14 vacated by mobilized units, consistent with approved joint

15 mobilization plans.

16 ‘‘(b) In this section, the term ‘partial mobilization’

17 means the mobilization resulting from action by Congress

18 or the President, under any law, to bring units of any re19 serve component, and members not assigned to units orga20 nized to serve as units, to active duty for a limited expan21 sion of the active armed forces.

22 ‘‘§ 10208. Annual mobilization exercise

23 ‘‘(a) The Secretary of Defense shall conduct at least

24 one major mobilization exercise each year. The exercise

25 should be as comprehensive and as realistic as possible
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1 and should include the participation of associated active

2 component and reserve component units.

3 ‘‘(b) The Secretary shall maintain a plan to test peri4 odically each active component and reserve component

5 unit based in the United States and all interactions of

6 such units, as well as the sustainment of the forces mobi7 lized as part of the exercise, with the objective of permit8 ting an evaluation of the adequacy of resource allocation

9 and planning.

10 ‘‘§ 10209. Regular and reserve components: discrimi11 nation prohibited

12 ‘‘Laws applying to both Regulars and Reserves shall

13 be administered without discrimination—

14 ‘‘(1) among Regulars;

15 ‘‘(2) among Reserves; and

16 ‘‘(3) between Regulars and Reserves.

17 ‘‘§ 10210. Dissemination of information

18 ‘‘The Secretary of Defense shall require the complete

19 and current dissemination, to all Reserves and to the pub20 lic, of information of interest to the reserve components.

21 ‘‘§ 10211. Policies and regulations: participation of

22 Reserve officers in preparation and ad23 ministration

24 ‘‘Within such numbers and in such grades and as25 signments as the Secretary concerned may prescribe, each
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1 armed force shall have officers of its reserve components

2 on active duty (other than for training) at the seat of gov3 ernment, and at headquarters responsible for reserve af4 fairs, to participate in preparing and administering the

5 policies and regulations affecting those reserve compo6 nents. While so serving, such an officer is an additional

7 number of any staff with which he is serving.

8 ‘‘§ 10212. Reserve components: dual membership pro9 hibited

10 ‘‘Except as otherwise provided in this title, no person

11 may be a member of more than one reserve component

12 at the same time.

13 ‘‘§ 10213. Adjutants general and assistant adjutants

14 general: reference to other officers of Na15 tional Guard

16 ‘‘In any case in which, under the laws of a State,

17 an officer of the National Guard of that jurisdiction, other

18 than the adjutant general or an assistant adjutant gen19 eral, normally performs the duties of that office, the ref20 erences in sections 12004(b)(1), 12215, 12642(c),

21 14507(b), 14508(e), and 14512 of this title to the adju22 tant general or the assistant adjutant general shall be ap23 plied to that officer instead of to the adjutant general or

24 assistant adjutant general.
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1 ‘‘§ 10214. Officers of Army National Guard of the

2 United States and Air National Guard of

3 the United States: authority with respect

4 to Federal status

5 ‘‘(a)(1) Officers of the Army National Guard of the

6 United States who are not on active duty—

7 ‘‘(A) may order members of the Army National

8 Guard of the United States to active duty for train9 ing under section 12301(d) of this title; and

10 ‘‘(B) with the approval of the Secretary of the

11 Air Force, may order members of the Air National

12 Guard of the United States to active duty for train13 ing under that section.

14 ‘‘(2) Officers of the Air National Guard of the United

15 States who are not on active duty—

16 ‘‘(A) may order members of the Air National

17 Guard of the United States to active duty for train18 ing under section 12301(d) of this title; and

19 ‘‘(B) with the approval of the Secretary of the

20 Army, may order members of the Army National

21 Guard of the United States to active duty for train22 ing under that section.

23 ‘‘(b) Officers of the Army National Guard of the

24 United States or the Air National Guard of the United

25 States who are not on active duty—
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1 ‘‘(1) may enlist, reenlist, or extend the enlist2 ments of persons as Reserves of the Army or Re3 serves of the Air Force for service in the Army

4 National Guard of the United States or the Air Na5 tional Guard of the United States, as the case may

6 be; and

7 ‘‘(2) with respect to their Federal status, may

8 promote or discharge persons enlisted or reenlisted

9 as Reserves of the Army or Reserves of the Air

10 Force for that service.

11 ‘‘(c) This section shall be carried out under regula12 tions prescribed by the Secretary of the Army, with re13 spect to matters concerning the Army, and by the

14 Secretary of the Air Force, with respect to matters con15 cerning the Air Force.’’.

16 (2)(A) Sections 261 through 265 and 267 through

17 281 are repealed.

18 (B) Chapter 11 is amended by striking out the table

19 of sections at the beginning and inserting in lieu thereof

20 the following:

‘‘Sec.

‘‘261. Reference to chapters 1003, 1005, and 1007.

21 ‘‘§ 261. Reference to chapters 1003, 1005, and 1007

22 ‘‘Provisions of law relating to the reserve components

23 generally, including provisions relating to the organization

24 and administration of the reserve components, are set
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1 forth in chapter 1003 (beginning with section 10101),

2 chapter 1005 (beginning with section 10141), and chapter

3 1007 (beginning with section 10201) of this title.’’.

4 (3)(A) Chapter 519 and sections 652, 2001, 3076

5 through 3080, and 8076 through 8080 are repealed.

6 (B) Section 552(e) of Public Law 98–525 is repealed.

7 (4) Section 1004 is amended—

8 (A) by striking out subsections (a) and (b); and

9 (B) by striking out ‘‘(c)’’ before ‘‘Except as

10 otherwise provided’’.

11 (5)(A) Section 10147(a), as added by paragraph (1),

12 applies only to persons who were inducted, enlisted, or ap13 pointed in an armed force after August 9, 1955.

14 (B) Section 10148(b), as added by paragraph (1), ap15 plies only to persons who became members of the Army

16 National Guard of the United States or the Air National

17 Guard of the United States after October 4, 1961.

18 (b) BOARDS AND COMMITTEES.—(1) Part I of sub19 title E (as added by subsection (a)) is amended by adding

20 at the end the following:

21 ‘‘CHAPTER 1009—RESERVE FORCES POLICY

22 BOARDS AND COMMITTEES

‘‘Sec.

‘‘10301. Reserve Forces Policy Board.

‘‘10302. Army Reserve Forces Policy Committee.

‘‘10303. Naval Reserve Policy Board.

‘‘10304. Marine Corps Reserve Policy Board.

‘‘10305. Air Force Reserve Forces Policy Committee.
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1 ‘‘§ 10301. Reserve Forces Policy Board

2 ‘‘(a) There is in the Office of the Secretary of De3 fense a Reserve Forces Policy Board. The Board consists

4 of the following:

5 ‘‘(1) A civilian chairman appointed by the Sec6 retary of Defense.

7 ‘‘(2) The Assistant Secretary of the Army for

8 Manpower and Reserve Affairs, the Assistant Sec9 retary of the Navy for Manpower and Reserve Af10 fairs, and the Assistant Secretary of the Air Force

11 for Manpower and Reserve Affairs.

12 ‘‘(3) An officer of the Regular Army designated

13 by the Secretary of the Army.

14 ‘‘(4) An officer of the Regular Navy or Regular

15 Marine Corps designated by the Secretary of the

16 Navy.

17 ‘‘(5) An officer of the Regular Air Force des18 ignated by the Secretary of the Air Force.

19 ‘‘(6) Four reserve officers designated by the

20 Secretary of Defense upon the recommendation of

21 the Secretary of the Army, two of whom must be

22 members of the Army National Guard of the United

23 States, and two of whom must be members of the

24 Army Reserve.

25 ‘‘(7) Four reserve officers designated by the

26 Secretary of Defense upon the recommendation of
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1 the Secretary of the Navy, two of whom must be

2 members of the Naval Reserve, and two of whom

3 must be members of the Marine Corps Reserve.

4 ‘‘(8) Four reserve officers designated by the

5 Secretary of Defense upon the recommendation of

6 the Secretary of the Air Force, two of whom must

7 be members of the Air National Guard of the United

8 States, and two of whom must be members of the

9 Air Force Reserve.

10 ‘‘(9) A reserve officer of the Army, Navy, Air

11 Force, or Marine Corps who is a general officer or

12 flag officer designated by the Chairman of the

13 Board with the approval of the Secretary of Defense,

14 and who serves without vote as military adviser to

15 the Chairman and as executive officer of the Board.

16 ‘‘(b) Whenever the Coast Guard is not operating as

17 a service in the Navy, the Secretary of Transportation

18 may designate two officers of the Coast Guard, Regular

19 or Reserve, to serve as voting members of the Board.

20 ‘‘(c) The Board, acting through the Assistant

21 Secretary of Defense for Reserve Affairs, is the principal

22 policy adviser to the Secretary of Defense on matters

23 relating to the reserve components.
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1 ‘‘(d) This section does not affect the committees on

2 reserve policies prescribed within the military departments

3 by sections 10302 through 10305 of this title.

4 ‘‘(e) A member of a committee or board prescribed

5 under a section listed in subsection (d) may, if otherwise

6 eligible, be a member of the Reserve Forces Policy Board.

7 ‘‘(f) The Board shall act on those matters referred

8 to it by the Chairman and, in addition, on any matter

9 raised by a member of the Board.

10 ‘‘§ 10303. Naval Reserve Policy Board

11 ‘‘A Naval Reserve Policy Board shall be convened at

12 least once annually at the seat of government to consider,

13 recommend, and report to the Secretary of the Navy on

14 reserve policy matters. At least half of the members of

15 the Board must be officers of the Naval Reserve.

16 ‘‘§ 10304. Marine Corps Reserve Policy Board

17 ‘‘A Marine Corps Reserve Policy Board shall be con18 vened at least once annually at the seat of government

19 to consider, recommend, and report to the Secretary of

20 the Navy on reserve policy matters. At least half of the

21 members of the Board must be officers of the Marine

22 Corps Reserve.’’.

23 (2)(A) Section 3021 is transferred to chapter 1009

24 (as added by paragraph (1)), inserted after section 10301,

25 and redesignated as section 10302.
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1 (B) Section 8021 is transferred to chapter 1009 (as

2 added by paragraph (1)), inserted after section 10304,

3 and redesignated as section 10305.

4 (3) The text of section 175 is amended to read as

5 follows:

6 ‘‘There is in the Office of the Secretary of Defense

7 a Reserve Forces Policy Board. The functions, member8 ship, and organization of that board are set forth in sec9 tion 10301 of this title.’’.

10 (4)(A) Chapter 303 (as amended by paragraph

11 (2)(A)) is amended by adding at the end the following:

12 ‘‘§ 3021. Army Reserve Forces Policy Committee

13 ‘‘There is in the Office of the Secretary of the Army

14 an Army Reserve Forces Policy Committee. The functions,

15 membership, and organization of that committee are set

16 forth in section 10302 of this title.’’.

17 (B) Chapter 803 (as amended by paragraph (2)(B))

18 is amended by adding at the end the following:

19 ‘‘§ 8021. Air Force Reserve Forces Policy Committee

20 ‘‘There is in the Office of the Secretary of the Air

21 Force an Air Force Reserve Forces Policy Committee. The

22 functions, membership, and organization of that commit23 tee are set forth in section 10305 of this title.’’.

24 (c) NATIONAL GUARD BUREAU.—(1) Part I of sub25 title E, as added by subsection (a), is amended by adding
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1 after chapter 1009, as added by subsection (b), the

2 following:

3 ‘‘CHAPTER 1011—NATIONAL GUARD BUREAU

‘‘Sec.

‘‘10501. National Guard Bureau: organization; function.

‘‘10502. Chief of Bureau: appointment.

‘‘10503. Chief of Bureau: term of office; grade; filling vacancy.

‘‘10504. National Guard Bureau: assignment of officers of regular or reserve

components.

4 ‘‘§ 10501. National Guard Bureau: organization; func5 tion

6 ‘‘There is a National Guard Bureau, which is a joint

7 bureau of the Department of the Army and the Depart8 ment of the Air Force. The National Guard Bureau is the

9 channel of communication between the departments con10 cerned and the several States, Territories, Puerto Rico,

11 and the District of Columbia on all matters pertaining to

12 the National Guard, the Army National Guard of the

13 United States, and the Air National Guard of the United

14 States.

15 ‘‘§ 10502. Chief of Bureau: appointment

16 ‘‘(a) CHIEF.—The National Guard Bureau is headed

17 by a chief who is the adviser to the Army Chief of Staff

18 and the Air Force Chief of Staff on National Guard

19 matters.

20 ‘‘(b) APPOINTMENT.—The President, by and with the

21 advice and consent of the Senate, shall appoint the Chief

22 of the Bureau from officers of the Army National Guard
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1 of the United States or the Air National Guard of the

2 United States who—

3 ‘‘(1) have been recommended by their respective

4 governors;

5 ‘‘(2) have had at least 10 years of commis6 sioned service in the active National Guard; and

7 ‘‘(3) are in a grade above lieutenant colonel.

8 ‘‘§ 10503. Chief of Bureau: term of office; grade; filling

9 vacancy

10 ‘‘(a) TERM OF OFFICE.—The Chief of the National

11 Guard Bureau holds office for four years, but may be re12 moved for cause at any time. An officer may not hold the

13 office of Chief of the Bureau after attaining 64 years of

14 age. He is eligible to succeed himself. While holding that

15 office, the Chief of the Bureau may not be removed from

16 the reserve active-status list, or from an active status,

17 under any provision of law that otherwise would require

18 such removal due to completion of a specified number of

19 years of service or a specified number of years of service

20 in grade.

21 ‘‘(b) GRADE WHILE SERVING.—If an officer ap22 pointed as Chief of the National Guard Bureau holds a

23 lower reserve grade, the officer shall be appointed as a

24 Reserve in his armed force in the grade of major general

25 for service in the Army National Guard of the United
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1 States or the Air National Guard of the United States,

2 as the case may be, while serving as Chief of the Bureau.

3 ‘‘(c) DISABILITY; VACANCY.—If the Chief of the Bu4 reau is unable, because of disability, to perform the func5 tions of his office, or if that office is vacant, the senior

6 officer of the Army National Guard of the United States

7 or the Air National Guard of the United States on duty

8 in the Bureau shall act as its chief until the disability

9 ceases or a successor is appointed.

10 ‘‘§ 10504. National Guard Bureau: assignment of offi11 cers of regular or reserve components

12 ‘‘Except as provided in section 12402(b) of this title,

13 the President may assign to duty in the National Guard

14 Bureau as many regular or reserve officers of the Army

15 and the Air Force as he considers necessary.’’.

16 (2) Sections 3040, 3541, and 8541 are repealed.

17 (d) ANNUAL REPORT ON GUARD AND RESERVE

18 EQUIPMENT.—(1) Part I of subtitle E, as added by sub19 section (a), is amended by adding after chapter 1011, as

20 added by subsection (c), the following:

21 ‘‘CHAPTER 1013—BUDGET INFORMATION AND

22 ANNUAL REPORTS TO CONGRESS

‘‘Sec.

‘‘10541. National Guard and reserve component equipment: annual report to

Congress.’’.
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1 (2) Section 115b is transferred to chapter 1013, as

2 added by paragraph (1), inserted after the table of sec3 tions, and redesignated as section 10541.

4 (3) The heading of that section is amended to read

5 as follows:

6 ‘‘§ 10541. National Guard and reserve component

7 equipment: annual report to Congress’’.

8 SEC. 302. LAWS RELATING TO RESERVE COMPONENT PER9 SONNEL POLICY.

10 (a) STRENGTH AND DISTRIBUTION IN GRADE.—(1)

11 Subtitle E, as added by section 101, is amended by insert12 ing after part I of such subtitle, as added by section 301,

13 the following:

14 ‘‘PART II—PERSONNEL GENERALLY

‘‘Chap. Sec.

‘‘1201. Authorized Strengths and Distribution in Grade ........................ 12001

‘‘1203. Enlisted Members ........................................................................ 12101

‘‘1205. Appointment of Reserve Officers ................................................. 12201

‘‘1207. Warrant Officers .......................................................................... 12241

‘‘1209. Active Duty .................................................................................. 12301

‘‘1211. National Guard Members in Federal Service .............................. 12401

‘‘1213. Special Appointments, Assignments, Details, and Duties ........... 12501

‘‘1215. Miscellaneous Prohibitions and Penalties ............... [No present sections]

‘‘1217. Miscellaneous Rights and Benefits .............................................. 12601

‘‘1219. Standards and Procedures for Retention and Promotion ........... 12641

‘‘1221. Separation .................................................................................... 12681

‘‘1223. Retired Pay for Non-Regular Service .......................................... 12731

‘‘1225. Retired Grade .............................................................................. 12771

15 ‘‘CHAPTER 1201—AUTHORIZED STRENGTHS AND

16 DISTRIBUTION IN GRADE

‘‘Sec.

‘‘12001. Authorized strengths: reserve components.

‘‘12002. Authorized strengths: Army and Air Force reserve components, exclusive of members on active duty.

‘‘12003. Authorized strengths: commissioned officers active status.
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‘‘12004. Strength in grade: reserve general and flag officers in an active status.

‘‘12005. Strength in grade: commissioned officers in grades below brigadier general or rear admiral (lower half) in an active status.

‘‘12006. Strength limitations: authority to waive in time of war or national

emergency.

‘‘12007. Reserve officers of the Army: distribution.

‘‘12008. Army Reserve and Air Force Reserve: warrant officers.

‘‘12009. Army and Air Force reserve components: temporary increases.

‘‘12010. Computations for Naval Reserve and Marine Corps Reserve: rule when

fraction occurs in final result.

‘‘12011. Authorized strengths: reserve officers on active duty or on full-time

National Guard duty for administration of the reserves or the

National Guard.

‘‘12012. Authorized strengths: senior enlisted members on active duty or on

full-time National Guard duty for administration of the reserves or the National Guard.

1 ‘‘§ 12001. Authorized strengths: reserve components

2 ‘‘(a) Whenever the authorized strength of a reserve

3 component (other than the Coast Guard Reserve) is not

4 prescribed by law, it shall be prescribed by the President.

5 ‘‘(b) Subject to the authorized strength of the reserve

6 component concerned, the authorized strength of each re7 serve component (other than the Coast Guard Reserve)

8 in members in each grade is that which the Secretary con9 cerned determines to be necessary to provide for mobiliza10 tion requirements. The Secretary shall review these deter11 minations at least once each year and revise them if he

12 considers it necessary. However, a member of the reserve

13 component concerned may not, as a result of such a deter14 mination, be reduced in the member’s reserve grade with15 out the member’s consent.
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1 ‘‘§ 12002. Authorized strengths: Army and Air Force

2 reserve components, exclusive of mem3 bers on active duty

4 ‘‘(a) The authorized strengths of the National Guard

5 and the reserve components of the Army and the Air

6 Force, exclusive of members who are included in the

7 strengths authorized for members of the Army and Air

8 Force, respectively, on active duty, are as follows:

‘‘Army National Guard and the Army National Guard of the

United States ................................................................................... 600,000

‘‘Army Reserve ......................................................................... 980,000

‘‘Air National Guard and the Air National Guard of the

United States ................................................................................... 150,000

‘‘Air Force Reserve .................................................................. 500,000.

9 ‘‘(b) The strength authorized by this section for the

10 Army National Guard and the Army National Guard of

11 the United States, and the strength authorized by this sec12 tion for the Air National Guard and the Air National

13 Guard of the United States, shall be allocated among the

14 States.

15 ‘‘§ 12003. Authorized strengths: commissioned offi16 cers in an active status

17 ‘‘(a) The authorized strengths of the Army, Navy, Air

18 Force, and Marine Corps in reserve commissioned officers,

19 other than commissioned warrant officers and officers on

20 an active-duty list, in an active status are as follows:

‘‘Army ...................................................................................... 275,000

‘‘Air Force ................................................................................ 200,000

‘‘Navy ....................................................................................... 150,000

‘‘Marine Corps ......................................................................... 24,500.
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1 ‘‘(b) The authorized strengths prescribed by sub2 section (a) may not be exceeded unless—

3 ‘‘(1) the Secretary concerned determines that a

4 greater number is necessary for planned mobilization

5 requirements; or

6 ‘‘(2) the excess results directly from the oper7 ation of a nondiscretionary provision of law.

8 ‘‘§ 12004. Strength in grade: reserve general and flag

9 officers in an active status

10 ‘‘(a) The authorized strengths of the Army, Air

11 Force, and Marine Corps in reserve general officers in an

12 active status, and the authorized strength of the Navy in

13 reserve officers in the grades of rear admiral (lower half)

14 and rear admiral in an active-status, are as follows:

‘‘Army ...................................................................................... 207

‘‘Air Force ................................................................................ 157

‘‘Navy ....................................................................................... 48

‘‘Marine Corps ......................................................................... 10.

15 ‘‘(b) The following Army and Air Force reserve offi16 cers shall not be counted for purposes of this section:

17 ‘‘(1) Those serving as adjutants general or as18 sistant adjutants general of a State.

19 ‘‘(2) Those serving in the National Guard

20 Bureau.

21 ‘‘(3) Those counted under section 526 of this

22 title.
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1 ‘‘(c)(1) The authorized strength of the Navy under

2 subsection (a) is exclusive of officers counted under section

3 526 of this title. Of the number authorized under sub4 section (a), 39 are distributed among the line and the staff

5 corps as follows:

‘‘Line .............................................................................................. 28

‘‘Medical Corps ............................................................................... 5

‘‘Chaplain Corps ............................................................................. 1

‘‘Judge Advocate General’s Corps ................................................. 1

‘‘Dental Corps ................................................................................ 2.

‘‘Nurse Corps ................................................................................. 1.

‘‘Medical Service Corps .................................................................. 1.

6 ‘‘(2) The remaining authorizations for the Navy

7 under subsection (a) shall be distributed among such other

8 staff corps as are established by the Secretary of the Navy

9 under the authority provided by section 5150(b) of this

10 title, except that—

11 ‘‘(A) if the Secretary has established a Supply

12 Corps, the authorized strength for the Supply Corps

13 shall be seven; and

14 ‘‘(B) if the Secretary has established a Civil

15 Engineering Corps, the authorized strength for the

16 Civil Engineering Corps shall be two.

17 ‘‘(3) Not more than 50 percent of the officers in an

18 active status authorized under this section for the Navy

19 may serve in the grade of rear admiral.

20 ‘‘(d) The authorized strength of the Marine Corps

21 under subsection (a) is exclusive of those counted under

22 section 526 of this title.
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1 ‘‘(e)(1) A reserve general officer of the Army or Air

2 Force may not be reduced in grade because of a reduction

3 in the number of general officers authorized under

4 subsection (a).

5 ‘‘(2) An officer of the Naval Reserve or the Marine

6 Corps Reserve may not be reduced in permanent grade

7 because of a reduction in the number authorized by this

8 section for his grade.

9 ‘‘§ 12005. Strength in grade: commissioned officers in

10 grades below brigadier general or rear

11 admiral (lower half) in an active status

12 ‘‘(a)(1) Subject to paragraph (2), the authorized

13 strength of the Army and the Air Force in reserve commis14 sioned officers in an active status in each grade named

15 in paragraph (2) is as prescribed by the Secretary of the

16 Army or the Secretary of the Air Force, respectively. A

17 vacancy in any grade may be filled by an authorized ap18 pointment in any lower grade.

19 ‘‘(2) A strength prescribed by the Secretary con20 cerned under paragraph (1) for a grade may not be higher

21 than the percentage of the strength authorized for the

22 Army or the Air Force, as the case may be, under section

23 12003 of this title that is specified for that grade as

24 follows:
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Grade Army percentage

Air Force

percentage

Colonel ...................................................................... 2 1.8

Lieutenant colonel .................................................... 6 4.6

Major ........................................................................ 13 14.0

Captain ..................................................................... 35 32.0

First lieutenant and second lieutenant (when combined with the number authorized for general officer grades under section 12004 of this title) ..... 44 47.6

1 ‘‘(b)(1) The authorized strengths of the Naval Re2 serve in line officers in an active status in the grades of

3 captain, commander, lieutenant commander, and lieuten4 ant, and in the grades of lieutenant (junior grade) and

5 ensign combined, are the following percentages of the total

6 authorized number of those officers:

‘‘Captain ................................................................................... 1.5 percent

‘‘Commander ............................................................................. 7 percent

‘‘Lieutenant commander ........................................................... 22 percent

‘‘Lieutenant .............................................................................. 37 percent

‘‘Lieutenant (junior grade) and ensign (when combined with

the number authorized for flag officer grades under section

12004 of this title) ................................................................ 32.5 percent.

7 ‘‘(2) When the actual number of line officers in an

8 active status in any grade is less than the number author9 ized by paragraph (1) for that grade, the difference may

10 be applied to increase the number authorized by that para11 graph for any lower grade or grades.

12 ‘‘(c)(1) The authorized strengths of the Marine Corps

13 Reserve in officers in an active status in the grades of

14 colonel, lieutenant colonel, major, and captain, and in the

15 grades of first lieutenant and second lieutenant combined,

16 are the following percentages of the total authorized num17 ber of those officers:
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‘‘Colonel .................................................................................... 2 percent

‘‘Lieutenant colonel .................................................................. 6 percent

‘‘Major ...................................................................................... 12 percent

‘‘Captain ................................................................................... 35 percent

‘‘First lieutenant and second lieutenant (when combined with

the number authorized for general officer grades under section 12004 of this title) ........................................................ 32.5 percent.

1 ‘‘(2) When the actual number of officers in an active

2 status in any grade is less than the number authorized

3 by paragraph (1) for that grade, the difference may be

4 applied to increase the number authorized by that para5 graph for any lower grade or grades.

6 ‘‘(d)(1) An officer of the Army or Air Force may not

7 be reduced in grade because of a reduction in the number

8 of commissioned officers authorized for the officer’s grade

9 under this section.

10 ‘‘(2) An officer of the Naval Reserve or the Marine

11 Corps Reserve may not be reduced in permanent grade

12 because of a reduction in the number authorized by this

13 section for his grade.

14 ‘‘§ 12006. Strength limitations: authority to waive in

15 time of war or national emergency

16 ‘‘(a) In time of war, or of national emergency de17 clared by Congress or the President, the President may

18 suspend the operation of any provision of section 12003,

19 12004, or 12005 of this title. So long as any such war

20 or national emergency continues, any such suspension may

21 be extended by the President.
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1 ‘‘(b) Any suspension under subsection (a) shall, if not

2 sooner ended, end on the last day of the two-year period

3 beginning on the date on which the suspension (or the last

4 extension thereof) takes effect or on the last day of the

5 one-year period beginning on the date of the termination

6 of the war or national emergency, whichever occurs first.

7 With respect to the end of any such suspension, the pre8 ceding sentence supersedes the provisions of title II of the

9 National Emergencies Act (50 U.S.C. 1621, 1622) which

10 provide that powers or authorities exercised by reason of

11 a national emergency shall cease to be exercised after the

12 date of termination of the emergency.

13 ‘‘§ 12007. Reserve officers of the Army: distribution

14 ‘‘The Secretary of the Army shall distribute the num15 ber of reserve commissioned officers, other than commis16 sioned warrant officers, authorized in each commissioned

17 grade between those assigned to reserve units organized

18 to serve as units and those not assigned to such units.

19 The Secretary shall distribute the number who are as20 signed to reserve units organized to serve as units among

21 the units of each reserve component by prescribing appro22 priate tables of organization and tables of distribution.

23 The Secretary shall distribute the number who are not as24 signed to such units between—

25 ‘‘(1) each special branch; and
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1 ‘‘(2) all other branches taken together.

2 ‘‘§ 12008. Army Reserve and Air Force Reserve: war3 rant officers

4 ‘‘The Secretary of the Army may prescribe the au5 thorized strength of the Army Reserve in warrant officers.

6 The Secretary of the Air Force may prescribe the author7 ized strength of the Air Force Reserve in warrant officers.

8 ‘‘§ 12009. Army and Air Force reserve components:

9 temporary increases

10 ‘‘(a) The authorized strength in any reserve grade,

11 as prescribed under this chapter, for any reserve compo12 nent under the jurisdiction of the Secretary of the Army

13 or the Secretary of the Air Force is automatically in14 creased to the minimum extent necessary to give effect

15 to each appointment made in that grade under section

16 1211(a), 3036, 14304(b), 14314, or 14317 of this title.

17 ‘‘(b) An authorized strength so increased is increased

18 for no other purpose. While an officer holds that grade,

19 the officer whose appointment caused the increase is

20 counted for the purpose of determining when other ap21 pointments, not under those sections, may be made in that

22 grade.
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1 ‘‘§ 12010. Computations for Naval Reserve and Ma2 rine Corps Reserve: rule when fraction

3 occurs in final result

4 ‘‘When there is a fraction in the final result of any

5 computation under this chapter for the Naval Reserve or

6 the Marine Corps Reserve, a fraction of one-half or more

7 is counted as one, and a fraction of less than one-half is

8 disregarded.

9 ‘‘§ 12012. Authorized strengths: senior enlisted mem10 bers on active duty or on full-time Na11 tional Guard duty for administration of

12 the reserves or National Guard

13 ‘‘(a) The number of enlisted members in pay grades

14 E–8 and E–9 who may be on active duty (other than for

15 training) or on full-time National Guard duty under the

16 authority of section 502(f) of title 32 (other than for train17 ing) as of the end of any fiscal year in connection with

18 organizing, administering, recruiting, instructing, or train19 ing the reserve components or the National Guard may

20 not exceed the number for that grade and armed force

21 in the following table:

‘‘Grade Army Navy Air

Force

Marine

Corps

E–9 ............................................................ 569 202 279 14

E–8 ............................................................ 2,585 429 800 74
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1 ‘‘(b) Whenever the number of members serving in pay

2 grade E–9 for duty described in subsection (a) is less than

3 the number authorized for that grade under subsection

4 (a), the difference between the two numbers may be ap5 plied to increase the number authorized under such sub6 section for pay grade E–8.’’.

7 (2)(A) Section 524 is transferred to chapter 1201,

8 as added by paragraph (1), inserted after section 12010,

9 and redesignated as section 12011.

10 (B) The heading of that section is amended to read

11 as follows:

12 ‘‘§ 12011. Authorized strengths: reserve officers on ac13 tive duty or on full-time National Guard

14 duty for administration of the reserves or

15 the National Guard’’.

16 (3) Chapter 531 and sections 3212, 3217 through

17 3225, 5454, 5456, 5457, 5458, 8212, and 8217 through

18 8225 are repealed.

19 (4) Section 517 is amended—

20 (A) by striking out subsection (b); and

21 (B) by redesignating subsection (c) as sub22 section (b) and in that subsection striking out ‘‘or

23 whenever’’ and all that follows through ‘‘under sub24 section (b),’’.
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1 (b) ENLISTMENTS.—(1) Part II of subtitle E, as

2 added by subsection (a), is amended by adding after chap3 ter 1201 (as added by subsection (a)), the following:

4 ‘‘CHAPTER 1203—ENLISTED MEMBERS

‘‘Sec.

‘‘12101. Definition.

‘‘12102. Reserve components: qualifications.

‘‘12103. Reserve components: terms.

‘‘12104. Reserve components: transfers.

‘‘12105. Army Reserve and Air Force Reserve: transfer from Guard components.

‘‘12106. Army and Air Force Reserve: transfer to upon withdrawal as member

of National Guard.

‘‘12107. Army National Guard of United States; Air National Guard of the

United States: enlistment in.

5 ‘‘§ 12101. Definition

6 ‘‘In this chapter, the term ‘enlistment’ means original

7 enlistment or reenlistment.

8 ‘‘§ 12105. Army Reserve and Air Force Reserve: trans9 fer from Guard components

10 ‘‘(a) Under such regulations as the Secretary con11 cerned may prescribe—

12 ‘‘(1) an enlisted member of the Army National

13 Guard of the United States may be transferred in

14 grade to the Army Reserve; and

15 ‘‘(2) an enlisted member of the Air National

16 Guard of the United States may be transferred in

17 grade to the Air Force Reserve.

18 ‘‘(b) Upon such a transfer, the member transferred

19 is eligible for promotion to the highest regular or reserve

20 grade ever held by him in the Army, if transferred under
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1 subsection (a)(1), or the Air Force, if transferred under

2 subsection (a)(2), if his service has been honorable.

3 ‘‘(c) A transfer under this section may only be made

4 with the consent of the governor or other appropriate au5 thority of the State concerned.

6 ‘‘§ 12106. Army and Air Force Reserve: transfer to

7 upon withdrawal as member of National

8 Guard

9 ‘‘(a) An enlisted member of the Army National Guard

10 of the United States who ceases to be a member of the

11 Army National Guard becomes a member of the Army Re12 serve unless he is also discharged from his enlistment as

13 a Reserve.

14 ‘‘(b) An enlisted member of the Air National Guard

15 of the United States who ceases to be a member of the

16 Air National Guard becomes a member of the Air Force

17 Reserve unless he is also discharged from his enlistment

18 as a Reserve.

19 ‘‘(c) An enlisted member who becomes a member of

20 the Army Reserve or the Air Force Reserve under this

21 section ceases to be a member of the Army National

22 Guard of the United States or the Air National Guard

23 of the United States, as the case may be.
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1 ‘‘§ 12107. Army National Guard of United States; Air

2 National Guard of the United States: en3 listment in

4 ‘‘(a) Except as provided in subsection (c), to become

5 an enlisted member of the Army National Guard of the

6 United States or the Air National Guard of the United

7 States, a person must—

8 ‘‘(1) be enlisted in the Army National Guard or

9 the Air National Guard, as the case may be;

10 ‘‘(2) subscribe to the oath set forth in section

11 304 of title 32; and

12 ‘‘(3) be a member of a federally recognized unit

13 or organization of the Army National Guard or the

14 Air National Guard, as the case may be, in the

15 grade in which he is to be enlisted as a Reserve.

16 ‘‘(b)(1) Under regulations to be prescribed by the

17 Secretary of the Army, a person who enlists in the Army

18 National Guard, or whose term of enlistment in the Army

19 National Guard is extended, shall be concurrently enlisted,

20 or his term of enlistment shall be concurrently ex21 tended, as the case may be, as a Reserve of the Army

22 for service in the Army National Guard of the United

23 States.

24 ‘‘(2) Under regulations to be prescribed by the Sec25 retary of the Air Force, a person who enlists in the Air

26 National Guard, or whose term of enlistment in the Air
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1 National Guard is extended, shall be concurrently enlisted,

2 or his term of enlistment shall be concurrently extended,

3 as the case may be, as a Reserve of the Air Force for

4 service in the Air National Guard of the United States.

5 ‘‘(c)(1) A member of the Army Reserve who enlists

6 in the Army National Guard in his reserve grade, and is

7 a member of a federally recognized unit or organization

8 of the Army National Guard, becomes a member of the

9 Army National Guard of the United States and ceases to

10 be a member of the Army Reserve.

11 ‘‘(2) A member of the Air Force Reserve who enlists

12 in the Air National Guard in his reserve grade, and is

13 a member of a federally recognized unit or organization

14 of the Air National Guard, becomes a member of the Air

15 National Guard of the United States and ceases to be a

16 member of the Air Force Reserve.’’.

17 (2) Sections 510 (as amended by section 201(a)),

18 511, and 512 are transferred to chapter 1203, as added

19 by paragraph (1), inserted after section 12101, and redes20 ignated as follows:

Redesignated

Section section

510 .................................................................................... 12102

511 .................................................................................... 12103

512 .................................................................................... 12104

21 (3) The following sections are repealed: sections

22 3259, 3260, 3261, 8259, 8260, and 8261.
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1 (c) APPOINTMENT OF OFFICERS.—(1) Part II of sub2 title E, as added by subsection (a), is further amended

3 by adding after chapter 1203 (as added by subsection (b))

4 the following:

5 ‘‘CHAPTER 1205—APPOINTMENT OF RESERVE

6 OFFICERS

‘‘Sec.

‘‘12201. Qualifications for appointment.

‘‘12202. Commissioned officer grades.

‘‘12203. Commissioned officers: appointment, how made; term.

‘‘12204. Commissioned officers: original appointment; limitation.

‘‘12205. Commissioned officers: appointment; educational requirement.

‘‘12206. Commissioned officers: appointment of former commissioned officers.

‘‘12207. Commissioned officers: service credit upon original appointment.

‘‘12208. Officers: appointment upon transfer.

‘‘12209. Officer candidates: enlisted Reserves.

‘‘12210. Attending Physician to the Congress: reserve grade while so serving.

‘‘12211. Officers: Army National Guard of United States.

‘‘12212. Officers: Air National Guard of United States.

‘‘12213. Officers; Army Reserve: transfer from Army National Guard of United

States.

‘‘12214. Officers; Air Force Reserve: transfer from Air National Guard of United States.

‘‘12215. Commissioned officers: reserve grade of adjutants general and assistant

adjutants general.

7 ‘‘§ 12215. Commissioned officers: reserve grade of ad8 jutants general and assistant adjutants

9 general

10 ‘‘(a) The adjutant general or an assistant adjutant

11 general of the Army National Guard of a State may, upon

12 being extended Federal recognition, be appointed as a re13 serve officer of the Army as of the date on which he is

14 so recognized.

15 ‘‘(b) The adjutant general or an assistant adjutant

16 general of the Air National Guard of a State may be ap-
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1 pointed in the reserve commissioned grade in which Fed2 eral recognition in the Air National Guard is extended to

3 him.’’.

4 (2) Sections 591 (as amended by section 201(b)),

5 592, 593 (as amended by section 202), 594, 596, 596a

6 (as added by section 203), 596b (as added by section 204),

7 and 595 are transferred (in that order) to chapter 1205,

8 as added by paragraph (1), inserted after the table of sec9 tions, and redesignated as follows:

Redesignated

Section section

591 .................................................................................... 12201

592 .................................................................................... 12202

593 .................................................................................... 12203

594 .................................................................................... 12204

596 .................................................................................... 12205

596a (as added by section 203) ........................................ 12206

596b (as added by section 204) ........................................ 12207

595 .................................................................................... 12208

10 (3) Sections 600, 600a, 3351, 8351, 3352 (as amend11 ed by section 206(a)), and 8352 are transferred (in that

12 order) to chapter 1205, as added by paragraph (1), in13 serted after section 12208, and redesignated as follows:

Redesignated

Section section

600 .................................................................................... 12209

600a .................................................................................. 12210

3351 .................................................................................. 12211

8351 .................................................................................. 12212

3352 .................................................................................. 12213

8352 .................................................................................. 12214

14 (d) WARRANT OFFICERS.—(1) Part II of subtitle E,

15 as added by subsection (a), is further amended by adding
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1 after chapter 1205 (as added by subsection (c)) the

2 following:

3 ‘‘CHAPTER 1207—WARRANT OFFICERS

‘‘Sec.

‘‘12241. Warrant officers: grades; appointment, how made; term.

‘‘12242. Warrant officers: promotion.

‘‘12243. Warrant officers: suspension of laws for promotions or mandatory retirement or separation during war or emergency.’’.

4 (2) Sections 597, 598, and 599 are transferred to

5 chapter 1207, as added by paragraph (1), inserted after

6 the table of sections, and redesignated as follows:

Redesignated

Section section

597 .................................................................................... 12241

598 .................................................................................... 12242

599 .................................................................................... 12243

7 (3) Chapter 34 is amended to read as follows:

8 ‘‘CHAPTER 34—APPOINTMENTS AS RESERVE

9 OFFICERS

‘‘Sec.

‘‘591. Reference to chapters 1205 and 1207.

10 ‘‘§ 591. Reference to chapters 1205 and 1207

11 ‘‘Provisions of law relating to appointments of reserve

12 officers other than warrant officers are set forth in chap13 ter 1205 of this title (beginning with section 12201). Pro14 visions of law relating to appointments and promotion of

15 reserve warrant officers are set forth in chapter 1207 (be16 ginning with section 12241).’’.

17 (e) ACTIVE DUTY.—(1) Part II of subtitle E, as

18 added by subsection (a), is further amended by adding
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1 after chapter 1207 (as added by subsection (d)) the follow2 ing:

3 ‘‘CHAPTER 1209—ACTIVE DUTY

‘‘Sec.

‘‘12301. Reserve components generally.

‘‘12302. Ready Reserve.

‘‘12303. Ready Reserve: members not assigned to, or participating satisfactorily

in, units.

‘‘12304. Selected Reserve: order to active duty other than during war or national emergency.

‘‘12305. Authority of President to suspend certain laws relating to promotion,

retirement, and separation.

‘‘12306. Standby Reserve.

‘‘12307. Retired Reserve.

‘‘12308. Retention on active duty after becoming qualified for retired pay.

‘‘12309. Reserve officers: use of in expansion of armed forces.

‘‘12310. Reserves: for organizing, administering, etc., reserve components.

‘‘12311. Active duty agreements.

‘‘12312. Active duty agreements: release from duty.

‘‘12313. Reserves: release from active duty.

‘‘12314. Reserves: kinds of duty.

‘‘12315. Reserves: duty with or without pay.

‘‘12316. Payment of certain Reserves while on duty.

‘‘12317. Reserves: theological students; limitations.

‘‘12318. Reserves on active duty: duties; funding.

‘‘12319. Ready Reserve: muster duty.

‘‘12320. Reserve officers: grade in which ordered to active duty.

‘‘12321. Limitation on duty with Reserve Officer Training Corps units.’’.

4 (2) Sections 672 through 687, section 689 (as

5 amended by section 114), and section 690 are transferred

6 to chapter 1209, as added by paragraph (1), inserted after

7 the table of sections, and redesignated as follows:

Redesignated

Section section

672 .................................................................................... 12301

673 .................................................................................... 12302

673a .................................................................................. 12303

673b .................................................................................. 12304

673c ................................................................................... 12305

674 .................................................................................... 12306

675 .................................................................................... 12307

676 .................................................................................... 12308

677 .................................................................................... 12309

678 .................................................................................... 12310

679 .................................................................................... 12311

680 .................................................................................... 12312
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681 .................................................................................... 12313

682 .................................................................................... 12314

683 .................................................................................... 12315

684 .................................................................................... 12316

685 .................................................................................... 12317

686 .................................................................................... 12318

687 .................................................................................... 12319

689 .................................................................................... 12320

690 .................................................................................... 12321

1 (3) Chapter 39 is amended by inserting after section

2 671b the following:

3 ‘‘§ 672. Reference to chapter 1209

4 ‘‘Provisions of law relating to service of members of

5 reserve components on active duty are set forth in chapter

6 1209 of this title (beginning with section 12301).’’.

7 (f) NATIONAL GUARD MEMBERS IN FEDERAL SERV8 ICE.—(1) Part II of subtitle E, as added by subsection

9 (a), is further amended by adding after chapter 1209 (as

10 added by subsection (e)) the following:

11 ‘‘CHAPTER 1211—NATIONAL GUARD MEMBERS IN

12 FEDERAL SERVICE

‘‘Sec.

‘‘12401. Army and Air National Guard of United States: status.

‘‘12402. Army and Air National Guard of United States: commissioned officers;

duty in National Guard Bureau.

‘‘12403. Army and Air National Guard of United States: members; status in

which ordered into Federal service.

‘‘12404. Army and Air National Guard of United States: mobilization; maintenance of organization.

‘‘12405. National Guard in Federal service: status.

‘‘12406. National Guard in Federal service: call.

‘‘12407. National Guard in Federal service: period of service; apportionment.

‘‘12408. National Guard in Federal service: physical examination.
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1 ‘‘§ 12401. Army and Air National Guard of the United

2 States: status

3 ‘‘Members of the Army National Guard of the United

4 States and the Air National Guard of the United States

5 are not in active Federal service except when ordered

6 thereto under law.

7 ‘‘§ 12402. Army and Air National Guard of United

8 States: commissioned officers; duty in Na9 tional Guard Bureau

10 ‘‘(a) The President may, with their consent, order

11 commissioned officers of the Army National Guard of the

12 United States and the Air National Guard of the United

13 States to active duty in the National Guard Bureau.

14 ‘‘(b)(1) The number of officers of the Army National

15 Guard of the United States in grades below brigadier gen16 eral who are ordered to active duty in the National Guard

17 Bureau may not be more than 40 percent of the number

18 of officers of the Army authorized for duty in that Bureau

19 and, to the extent practicable, shall not exceed 40 percent

20 of the number of officers of the Army serving in that Bu21 reau in any grade below brigadier general.

22 ‘‘(2) The number of officers of the Air National

23 Guard of the United States in grades below brigadier gen24 eral who are ordered to active duty in the National Guard

25 Bureau may not be more than 40 percent of the number

26 of officers of the Air Force authorized for duty in that
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1 Bureau and, to the extent practicable, shall not exceed 40

2 percent of the number of officers of the Air Force serving

3 in that Bureau in any grade below brigadier general.

4 ‘‘§ 12403. Army and Air National Guard of United

5 States: members; status in which ordered

6 into Federal service

7 ‘‘Members of the Army National Guard of the United

8 States ordered to active duty shall be ordered to duty as

9 Reserves of the Army. Members of the Air National Guard

10 of the United States ordered to active duty shall be or11 dered to duty as Reserves of the Air Force.

12 ‘‘§ 12404. Army and Air National Guard of United

13 States: mobilization; maintenance of or14 ganization

15 ‘‘During an initial mobilization, the organization of

16 a unit of the Army National Guard of the United States

17 or of the Air National Guard of the United States ordered

18 into active Federal service shall, so far as practicable, be

19 maintained as it existed on the date of the order to duty.

20 ‘‘§ 12405. National Guard in Federal service: status

21 ‘‘Members of the National Guard called into Federal

22 service are, from the time when they are required to re23 spond to the call, subject to the laws and regulations gov24 erning the Army or the Air Force, as the case may be,
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1 except those applicable only to members of the Regular

2 Army or Regular Air Force, as the case may be.

3 ‘‘§ 12406. National Guard in Federal service: call

4 ‘‘Whenever—

5 ‘‘(1) the United States, or any of the Terri6 tories, Commonwealths, or possessions, is invaded or

7 is in danger of invasion by a foreign nation;

8 ‘‘(2) there is a rebellion or danger of a rebellion

9 against the authority of the Government of the

10 United States; or

11 ‘‘(3) the President is unable with the regular

12 forces to execute the laws of the United States;

13 the President may call into Federal service members and

14 units of the National Guard of any State in such numbers

15 as he considers necessary to repel the invasion, suppress

16 the rebellion, or execute those laws. Orders for these pur17 poses shall be issued through the governors of the States

18 or, in the case of the District of Columbia, through the

19 commanding general of the National Guard of the District

20 of Columbia.

21 ‘‘§ 12407. National Guard in Federal service: period

22 of service; apportionment

23 ‘‘(a) Whenever the President calls the National

24 Guard of a State into Federal service, he may specify in

25 the call the period of the service. Members and units called
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1 shall serve inside or outside the territory of the United

2 States during the term specified, unless sooner relieved by

3 the President. However, no member of the National Guard

4 may be kept in Federal service beyond the term of his

5 commission or enlistment.

6 ‘‘(b) When the National Guard of a State is called

7 into Federal service with the National Guard of another

8 of those jurisdictions, the President may apportion the

9 total number called from the Army National Guard or

10 from the Air National Guard, as the case may be, on the

11 basis of the populations of the jurisdictions affected by

12 the call.

13 ‘‘§ 12408. National Guard in Federal service: physical

14 examination

15 ‘‘(a) Under regulations prescribed by the President,

16 each member of the National Guard called into Federal

17 service shall be examined as to physical fitness, without

18 further commission or enlistment.

19 ‘‘(b) Immediately before such a member is mustered

20 out of Federal service, he shall be examined as to physical

21 fitness. The record of this examination shall be retained

22 by the United States.’’.

23 (2) Sections 3495 through 3502 and 8495 through

24 8502 are repealed.
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1 (g) MISCELLANEOUS PROVISIONS.—(1) Part II of

2 subtitle E, as added by subsection (a), is further amended

3 by adding after chapter 1211 (as added by subsection (f))

4 the following:

5 ‘‘CHAPTER 1213—SPECIAL APPOINTMENTS,

6 ASSIGNMENTS, DETAILS, AND DUTIES

‘‘Sec.

‘‘12501. Reserve components: detail of members of regular and reserve components to assist.

‘‘12502. Chief and assistant chief of staff of National Guard divisions and wings

in Federal service: detail.

7 ‘‘§ 12501. Reserve components: detail of members of

8 regular and reserve components to assist

9 ‘‘The Secretary concerned shall detail such members

10 of the regular and reserve components under his jurisdic11 tion as are necessary to effectively develop, train, instruct,

12 and administer those reserve components.

13 ‘‘§ 12502. Chief and assistant chief of staff of National

14 Guard divisions and wings in Federal

15 service: detail

16 ‘‘(a) The President may detail a regular or reserve

17 officer of the Army as chief of staff, and a regular or re18 serve officer or an officer of the Army National Guard

19 as assistant to the chief of staff, of any division of the

20 Army National Guard that is in Federal service as an

21 Army National Guard organization.

22 ‘‘(b) The President may detail a regular or reserve

23 officer of the Air Force as chief of staff, and a regular
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1 or reserve officer or an officer of the Air National Guard

2 as assistant to the chief of staff, of any wing of the Air

3 National Guard that is in Federal service as an Air Na4 tional Guard organization.

5 ‘‘CHAPTER 1215—MISCELLANEOUS

6 PROHIBITIONS AND PENALTIES

7 ‘‘[No present sections]

8 ‘‘CHAPTER 1217—MISCELLANEOUS RIGHTS AND

9 BENEFITS

‘‘Sec.

‘‘12601. Compensation: Reserve on active duty accepting from any person.

‘‘12602. Members of Army National Guard of United States and Air National

Guard of United States: credit for service as members of National Guard.

10 ‘‘§ 12601. Compensation: Reserve on active duty ac11 cepting from any person

12 ‘‘Any Reserve who, before being ordered to active

13 duty, was receiving compensation from any person may,

14 while he is on that duty, receive compensation from that

15 person.

16 ‘‘§ 12602. Members of Army National Guard of United

17 States and Air National Guard of United

18 States: credit for service as members of

19 National Guard

20 ‘‘(a) For the purposes of laws providing benefits for

21 members of the Army National Guard of the United

22 States and their dependents and beneficiaries—
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1 ‘‘(1) military training, duty, or other service

2 performed by a member of the Army National Guard

3 of the United States in his status as a member of

4 the Army National Guard for which he is entitled to

5 pay from the United States shall be considered mili6 tary training, duty, or other service, as the case may

7 be, in Federal service as a Reserve of the Army;

8 ‘‘(2) full-time National Guard duty performed

9 by a member of the Army National Guard of the

10 United States shall be considered active duty in

11 Federal service as a Reserve of the Army; and

12 ‘‘(3) inactive-duty training performed by a

13 member of the Army National Guard of the United

14 States in his status as a member of the Army Na15 tional Guard, in accordance with regulations pre16 scribed under section 502 of title 32 or other express

17 provision of law, shall be considered inactive-duty

18 training in Federal service as a Reserve of the

19 Army.

20 ‘‘(b) For the purposes of laws providing benefits for

21 members of the Air National Guard of the United States

22 and their dependents and beneficiaries—

23 ‘‘(1) military training, duty, or other service

24 performed by a member of the Air National Guard

25 of the United States in his status as a member of
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1 the Air National Guard for which he is entitled to

2 pay from the United States shall be considered mili3 tary training, duty, or other service, as the case may

4 be, in Federal service as a Reserve of the Air Force;

5 ‘‘(2) full-time National Guard duty performed

6 by a member of the Air National Guard of the Unit7 ed States shall be considered active duty in Federal

8 service as a Reserve of the Air Force; and

9 ‘‘(3) inactive-duty training performed by a

10 member of the Air National Guard of the United

11 States in his status as a member of the Air National

12 Guard, in accordance with regulations prescribed

13 under section 502 of title 32 or other express provi14 sion of law, shall be considered inactive-duty train15 ing in Federal service as a Reserve of the Air

16 Force.’’.

17 (2) Sections 715, 1033, 3542, 3686, 8542, and 8686

18 are repealed.

19 (h) STANDARDS AND PROCEDURES FOR RETENTION

20 AND PROMOTION.—(1) Part II of subtitle E, as added by

21 subsection (a), is further amended by adding after chapter

22 1217 (as added by subsection (g)) the following:

23 ‘‘CHAPTER 1219—STANDARDS AND PROCEDURES

24 FOR RETENTION AND PROMOTION

‘‘Sec.

‘‘12641. Standards and procedures: Secretary to prescribe.

‘‘12642. Standards and qualifications: result of failure to comply with.
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‘‘12643. Boards for appointment, promotion, and certain other purposes: composition.

‘‘12644. Members physically not qualified for active duty: discharge or transfer

to retired status.

‘‘12645. Commissioned officers: retention until completion of required service.

‘‘12646. Commissioned officers: retention of after completing 18 or more, but

less than 20, years of service.

‘‘12647. Commissioned officers: retention in active status while assigned to Selective Service System or serving as United States property and

fiscal officers.’’.

1 (2) Sections 1001, 1002, 266, 1004 (as amended by

2 section 301(b)(4)), and 1005 through 1007 are trans3 ferred (in that order) to chapter 1219, as added by para4 graph (1), inserted after the table of sections, and redesig5 nated as follows:

Redesignated

Section section

1001 .................................................................................. 12641

1002 .................................................................................. 12642

266 .................................................................................. 12643

1004 .................................................................................. 12644

1005 .................................................................................. 12645

1006 .................................................................................. 12646

1007 .................................................................................. 12647

6 (3) Section 1003 is repealed.

7 (4)(A) The heading of section 12641 (as so redesig8 nated) is amended to read as follows:

9 ‘‘§ 12641. Standards and procedures: Secretary to pre10 scribe’’.

11 (B) The heading of section 12644 (as so redesig12 nated) is amended to read as follows:
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1 ‘‘§ 12644. Members physically not qualified for active

2 duty: discharge or transfer to retired sta3 tus’’.

4 (5) Chapter 51 is amended by striking out the table

5 of sections at the beginning and inserting in lieu thereof

6 the following:

‘‘Sec.

‘‘1001. Reference to chapter 1219.

7 ‘‘§ 1001. Reference to chapter 1219

8 ‘‘Provisions of law relating to standards and proce9 dures for retention and promotion of members of reserve

10 components are set forth in chapter 1219 of this title (be11 ginning with section 12641).’’.

12 (i) SEPARATION.—(1) Part II of subtitle E, as added

13 by subsection (a), is further amended by adding after

14 chapter 1219 (as added by subsection (h)) the following:

15 ‘‘CHAPTER 1221—SEPARATION

‘‘Sec.

‘‘12681. Reserves: discharge authority.

‘‘12682. Reserves: discharge upon becoming ordained minister of religion.

‘‘12683. Reserve officers: limitation on involuntary separation.

‘‘12684. Reserves: separation for absence without authority or sentence to imprisonment.

‘‘12685. Reserves separated for cause: character of discharge.

‘‘12686. Reserves on active duty within two years of retirement eligibility: limitation on release from active duty.

16 ‘‘§ 12681. Reserves: discharge authority

17 ‘‘Subject to other provisions of this title, reserve com18 missioned officers may be discharged at the pleasure of

19 the President. Other Reserves may be discharged under

20 regulations prescribed by the Secretary concerned.
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1 ‘‘§ 12682. Reserves: discharge upon becoming or2 dained minister of religion

3 ‘‘Under regulations to be prescribed by the Secretary

4 of Defense, a Reserve who becomes a regular or ordained

5 minister of religion is entitled upon his request to a dis6 charge from his reserve enlistment or appointment.

7 ‘‘§ 12683. Reserve officers: limitation on involuntary

8 separation

9 ‘‘(a) An officer of a reserve component who has at

10 least five years of service as a commissioned officer may

11 not be separated from that component without his consent

12 except—

13 ‘‘(1) under an approved recommendation of a

14 board of officers convened by an authority des15 ignated by the Secretary concerned; or

16 ‘‘(2) by the approved sentence of a court17 martial.

18 ‘‘(b) Subsection (a) does not apply—

19 ‘‘(1) to a separation under section 12684,

20 14901, or 14907 of this title;

21 ‘‘(2) to a dismissal under section 1161(a) of

22 this title; or

23 ‘‘(3) to a transfer under section 12213, 12214,

24 14514, or 14515 of this title.
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1 ‘‘§ 12684. Reserves: separation for absence without

2 authority or sentence to imprisonment

3 ‘‘The President or the Secretary concerned may drop

4 from the rolls of the armed force concerned any Reserve—

5 ‘‘(1) who has been absent without authority for

6 at least three months; or

7 ‘‘(2) who is sentenced to confinement in a Fed8 eral or State penitentiary or correctional institution

9 after having been found guilty of an offense by a

10 court other than a court-martial or other military

11 court, and whose sentence has become final.

12 ‘‘§ 12685. Reserves separated for cause: character of

13 discharge

14 ‘‘A member of a reserve component who is separated

15 for cause, except under section 12684 of this title, is enti16 tled to a discharge under honorable conditions unless—

17 ‘‘(1) the member is discharged under conditions

18 other than honorable under an approved sentence of

19 a court-martial or under the approved findings of a

20 board of officers convened by an authority des21 ignated by the Secretary concerned; or

22 ‘‘(2) the member consents to a discharge under

23 conditions other than honorable with a waiver of

24 proceedings of a court-martial or a board.
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1 ‘‘§ 12686. Reserves on active duty within two years of

2 retirement eligibility: limitation on re3 lease from active duty

4 ‘‘Under regulations to be prescribed by the Secretary

5 concerned, which shall be as uniform as practicable, a

6 member of a reserve component who is on active duty

7 (other than for training) and is within two years of becom8 ing eligible for retired pay or retainer pay under a purely

9 military retirement system, may not be involuntarily re10 leased from that duty before he becomes eligible for that

11 pay, unless the release is approved by the Secretary.’’.

12 (2) Sections 1162 and 1163 are repealed.

13 (j) RETIRED PAY.—(1) Chapter 67 is transferred to

14 part II of subtitle E, as added by subsection (a), inserted

15 after chapter 1221 (as added by subsection (i)), and

16 amended to read as follows:

17 ‘‘CHAPTER 1223—RETIRED PAY FOR NON18 REGULAR SERVICE

‘‘Sec.

‘‘12731. Age and service requirements.

‘‘12731a. Temporary special retirement qualification authority.

‘‘12732. Entitlement to retired pay: computation of years of service.

‘‘12733. Computation of retired pay: computation of years of service.

‘‘12734. Time not creditable toward years of service.

‘‘12735. Inactive status list.

‘‘12736. Service credited for retired pay benefits not excluded for other benefits.

‘‘12737. Limitation on active duty.

‘‘12738. Limitations on revocation of retired pay.

‘‘12739. Computation of retired pay.
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1 ‘‘§ 12731. Age and service requirements

2 ‘‘(a) Except as provided in subsection (c), a person

3 is entitled, upon application, to retired pay computed

4 under section 12739 of this title, if the person—

5 ‘‘(1) is at least 60 years of age;

6 ‘‘(2) has performed at least 20 years of service

7 computed under section 12732 of this title;

8 ‘‘(3) performed the last eight years of qualify9 ing service while a member of any category named

10 in section 12732(a)(1) of this title, but not while a

11 member of a regular component, the Fleet Reserve,

12 or the Fleet Marine Corps Reserve; and

13 ‘‘(4) is not entitled, under any other provision

14 of law, to retired pay from an armed force or re15 tainer pay as a member of the Fleet Reserve or the

16 Fleet Marine Corps Reserve.

17 ‘‘(b) Application for retired pay under this section

18 must be made to the Secretary of the military department,

19 or the Secretary of Transportation, as the case may be,

20 having jurisdiction at the time of application over the

21 armed force in which the applicant is serving or last

22 served.

23 ‘‘(c)(1) A person who, before August 16, 1945, was

24 a Reserve of an armed force, or a member of the Army

25 without component or other category covered by section
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1 12732(a)(1) of this title except a regular component, is

2 not eligible for retired pay under this chapter unless—

3 ‘‘(A) the person performed active duty during

4 World War I or World War II; or

5 ‘‘(B) the person performed active duty (other

6 than for training) during the Korean conflict, the

7 Berlin crisis, or the Vietnam era.

8 ‘‘(2) In this subsection:

9 ‘‘(A) The term ‘World War I’ means the period

10 beginning on April 6, 1917, and ending on Novem11 ber 11, 1918.

12 ‘‘(B) The term ‘World War II’ means the pe13 riod beginning on September 9, 1940, and ending on

14 December 31, 1946.

15 ‘‘(C) The term ‘‘Korean conflict’ means the pe16 riod beginning on June 27, 1950, and ending on

17 July 27, 1953.

18 ‘‘(D) The term ‘‘Berlin crisis’ means the period

19 beginning on August 14, 1961, and ending on May

20 30, 1963.

21 ‘‘(E) The term ‘‘Vietnam era’ means the period

22 beginning on August 5, 1964, and ending on

23 March 27, 1973.

24 ‘‘(d) The Secretary concerned shall notify each per25 son who has completed the years of service required for
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1 eligibility for retired pay under this chapter. The notice

2 shall be sent, in writing, to the person concerned within

3 one year after the person completes that service. The no4 tice shall include notice of the elections available to such

5 person under the Survivor Benefit Plan established under

6 subchapter II of chapter 73 of this title and the Supple7 mental Survivor Benefit Plan established under sub8 chapter III of that chapter, and the effects of such

9 elections.

10 ‘‘(e) Notwithstanding section 8301 of title 5, the date

11 of entitlement to retired pay under this section shall be

12 the date on which the requirements of subsection (a)

13 have been completed.

14 ‘‘§ 12731a. Temporary special retirement qualifica15 tion authority

16 ‘‘(a) RETIREMENT WITH AT LEAST 15 YEARS OF

17 SERVICE.—For the purposes of section 12731 of this title,

18 the Secretary of a military department may—

19 ‘‘(1) during the period described in subsection

20 (b), determine to treat a member of the Selected Re21 serve of a reserve component of the armed force

22 under the jurisdiction of that Secretary as having

23 met the service requirements of subsection (a)(2) of

24 that section and provide the member with the notifi-
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1 cation required by subsection (d) of that section if

2 the member—

3 ‘‘(A) as of October 1, 1991, has completed

4 at least 15, and less than 20, years of service

5 computed under section 12732 of this title; or

6 ‘‘(B) after that date and before October 1,

7 1995, completes 15 years of service computed

8 under that section; and

9 ‘‘(2) upon the request of the member submitted

10 to the Secretary within one year after the date of

11 the notification referred to in paragraph (1), trans12 fer the member to the Retired Reserve.

13 ‘‘(b) PERIOD OF AUTHORITY.—The period referred

14 to in subsection (a)(1) is the period beginning on Octo15 ber 23, 1992, and ending on October 1, 1995.

16 ‘‘(c) APPLICABILITY SUBJECT TO NEEDS OF THE

17 SERVICE.—(1) The Secretary of the military department

18 concerned may limit the applicability of subsection (a) to

19 any category of personnel defined by the Secretary in

20 order to meet a need of the armed force under the jurisdic21 tion of the Secretary to reduce the number of members

22 in certain grades, the number of members who have com23 pleted a certain number of years of service, or the number

24 of members who possess certain military skills or are serv25 ing in designated competitive categories.
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1 ‘‘(2) A limitation under paragraph (1) shall be con2 sistent with the purpose set forth in section 4414(a) of

3 the National Defense Authorization Act for Fiscal Year

4 1993 (Public Law 102–484; 106 Stat. 2713).

5 ‘‘(d) EXCLUSION.—This section does not apply to

6 persons referred to in section 12731(c) of this title.

7 ‘‘(e) REGULATIONS.—The authority provided in this

8 section shall be subject to regulations prescribed by the

9 Secretary of Defense.

10 ‘‘§ 12732. Entitlement to retired pay: computation of

11 years of service

12 ‘‘(a) Except as provided in subsection (b), for the

13 purpose of determining whether a person is entitled to re14 tired pay under section 12731 of this title, the person’s

15 years of service are computed by adding the following:

16 ‘‘(1) The person’s years of service, before July

17 1, 1949, in the following:

18 ‘‘(A) The armed forces.

19 ‘‘(B) The federally recognized National

20 Guard before June 15, 1933.

21 ‘‘(C) A federally recognized status in the

22 National Guard before June 15, 1933.

23 ‘‘(D) The National Guard after June 14,

24 1933, if his service therein was continuous from

25 the date of his enlistment in the National
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1 Guard, or his Federal recognition as an officer

2 therein, to the date of his enlistment or ap3 pointment, as the case may be, in the National

4 Guard of the United States, the Army National

5 Guard of the United States, or the Air National

6 Guard of the United States.

7 ‘‘(E) The Naval Reserve Force.

8 ‘‘(F) The Naval Militia that conformed to

9 the standards prescribed by the Secretary of the

10 Navy.

11 ‘‘(G) The National Naval Volunteers.

12 ‘‘(H) The Army Nurse Corps, the Navy

13 Nurse Corps, the Nurse Corps Reserve of the

14 Army, or the Nurse Corps Reserve of the Navy,

15 as it existed at any time after February 2,

16 1901.

17 ‘‘(I) The Army under an appointment

18 under the Act of December 22, 1942 (ch.

19 805, 56 Stat. 1072).

20 ‘‘(J) An active full-time status, except as a

21 student or apprentice, with the Medical Depart22 ment of the Army as a civilian employee—

23 ‘‘(i) in the dietetic or physical therapy

24 categories, if the service was performed
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1 after April 6, 1917, and before April 1,

2 1943; or

3 ‘‘(ii) in the occupational therapy cat4 egory, if the service was performed before

5 appointment in the Army Nurse Corps or

6 the Women’s Medical Specialist Corps and

7 before January 1, 1949, or before appoint8 ment in the Air Force before January 1,

9 1949, with a view to designation as an Air

10 Force nurse or medical specialist.

11 ‘‘(2) Each one-year period, after July 1, 1949,

12 in which the person has been credited with at least

13 50 points on the following basis:

14 ‘‘(A) One point for each day of—

15 ‘‘(i) active service; or

16 ‘‘(ii) full-time service under sections

17 316, 502, 503, 504, and 505 of title 32

18 while performing annual training duty or

19 while attending a prescribed course of in20 struction at a school designated as a serv21 ice school by law or by the Secretary con22 cerned;

23 if that service conformed to required standards

24 and qualifications.
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1 ‘‘(B) One point for each attendance at a

2 drill or period of equivalent instruction that was

3 prescribed for that year by the Secretary con4 cerned and conformed to the requirements pre5 scribed by law, including attendance under sec6 tion 502 of title 32.

7 ‘‘(C) Points at the rate of 15 a year for

8 membership—

9 ‘‘(i) in a reserve component of an

10 armed force,

11 ‘‘(ii) in the Army or the Air Force

12 without component, or

13 ‘‘(iii) in any other category covered by

14 subsection (a)(1) except a regular compo15 nent.

16 For the purpose of clauses (A), (B), and (C), service

17 in the National Guard shall be treated as if it were

18 service in a reserve component, if the person con19 cerned was later appointed in the National Guard of

20 the United States, the Army National Guard of the

21 United States, the Air National Guard of the United

22 States, or as a Reserve of the Army or the Air

23 Force, and served continuously in the National

24 Guard from the date of his Federal recognition to

25 the date of that appointment.
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1 ‘‘(3) The person’s years of active service in the

2 Commissioned Corps of the Public Health Service.

3 ‘‘(4) The person’s years of active commissioned

4 service in the National Oceanic and Atmospheric Ad5 ministration (including active commissioned service

6 in the Environmental Science Services Administra7 tion and in the Coast and Geodetic Survey).

8 ‘‘(b) The following service may not be counted under

9 subsection (a):

10 ‘‘(1) Service (other than active service) in an in11 active section of the Organized Reserve Corps or of

12 the Army Reserve, or in an inactive section of the

13 officers’ section of the Air Force Reserve.

14 ‘‘(2) Service (other than active service) after

15 June 30, 1949, while on the Honorary Retired List

16 of the Naval Reserve or of the Marine Corps

17 Reserve.

18 ‘‘(3) Service in the inactive National Guard.

19 ‘‘(4) Service in a non-federally recognized sta20 tus in the National Guard.

21 ‘‘(5) Service in the Fleet Reserve or the Fleet

22 Marine Corps Reserve.

23 ‘‘(6) Service as an inactive Reserve nurse of the

24 Army Nurse Corps established by the Act of Feb25 ruary 2, 1901 (ch. 192, 31 Stat. 753), as amended,
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1 and service before July 1, 1938, as an inactive Re2 serve nurse of the Navy Nurse Corps established by

3 the Act of May 13, 1908 (ch. 166, 35 Stat. 146).

4 ‘‘(7) Service in any status other than that as

5 commissioned officer, warrant officer, nurse, flight

6 officer, aviation midshipman, appointed aviation

7 cadet, or enlisted member, and that described in

8 clauses (I) and (J) of subsection (a)(1).

9 ‘‘§ 12733. Computation of retired pay: computation of

10 years of service

11 ‘‘For the purpose of computing the retired pay of a

12 person under this chapter, the person’s years of service

13 and any fraction of such a year are computed by dividing

14 360 into the sum of the following:

15 ‘‘(1) The person’s days of active service.

16 ‘‘(2) The person’s days of full-time service

17 under sections 316, 502, 503, 504, and 505 of title

18 32 while performing annual training duty or while

19 attending a prescribed course of instruction at a

20 school designated as a service school by law or by

21 the Secretary concerned.

22 ‘‘(3) One day for each point credited to the per23 son under clause (B) or (C) of section 12732(a)(2)

24 of this title, but not more than 60 days in any one

25 year.
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1 ‘‘(4) 50 days for each year before July 1, 1949,

2 and proportionately for each fraction of a year, of

3 service (other than active service) in a reserve com4 ponent of an armed force, in the Army or the Air

5 Force without component, or in any other category

6 covered by section 12732(a)(1) of this title, except

7 a regular component.

8 ‘‘§ 12734. Time not creditable toward years of

9 service

10 ‘‘(a) Service in an inactive status may not be counted

11 in any computation of years of service under this chapter.

12 ‘‘(b) Time spent after retirement (without pay) for

13 failure to conform to standards and qualifications pre14 scribed under section 12641 of this title may not be cred15 ited in a computation of years of service under this

16 chapter.

17 ‘‘§ 12735. Inactive status list

18 ‘‘(a) A member who would be eligible for retired pay

19 under this chapter but for the fact that that member is

20 under 60 years of age may be transferred, at his request

21 and by direction of the Secretary concerned, to such inac22 tive status list as may be established for members of his

23 armed force, other than members of a regular component.
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1 ‘‘(b) While on an inactive status list under subsection

2 (a), a member is not required to participate in any train3 ing or other program prescribed for his component.

4 ‘‘(c) The Secretary may at any time recall to active

5 status a member who is on an inactive status list under

6 subsection (a).

7 ‘‘§ 12736. Service credited for retired pay benefits

8 not excluded for other benefits

9 ‘‘No period of service included wholly or partly in de10 termining a person’s right to, or the amount of, retired

11 pay under this chapter may be excluded in determining

12 his eligibility for any annuity, pension, or old-age benefit,

13 under any other law, on account of civilian employment

14 by the United States or otherwise, or in determining the

15 amount payable under that law, if that service is otherwise

16 properly credited under it.

17 ‘‘§ 12737. Limitation on active duty

18 ‘‘A member of the armed forces may not be ordered

19 to active duty solely for the purpose of qualifying the

20 member for retired pay under this chapter.

21 ‘‘§ 12738. Limitations on revocation of retired pay

22 ‘‘(a) After a person is granted retired pay under this

23 chapter, or is notified in accordance with section 12731(d)

24 of this title that the person has completed the years of

25 service required for eligibility for retired pay under this
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1 chapter, the person’s eligibility for retired pay may not

2 be denied or revoked on the basis of any error, miscalcula3 tion, misinformation, or administrative determination of

4 years of service performed as required by section

5 12731(a)(2) of this title, unless it resulted directly from

6 the fraud or misrepresentation of the person.

7 ‘‘(b) The number of years of creditable service upon

8 which retired pay is computed may be adjusted to correct

9 any error, miscalculation, misinformation, or administra10 tive determination and when such a correction is made the

11 person is entitled to retired pay in accordance with the

12 number of years of creditable service, as corrected, from

13 the date the person is granted retired pay.

14 ‘‘§ 12739. Computation of retired pay

15 ‘‘(a) The monthly retired pay of a person entitled to

16 that pay under this chapter is the product of—

17 ‘‘(1) the retired pay base for that person as

18 computed under section 1406(b)(2) or 1407 of this

19 title; and

‘‘(2) 21 20 ⁄2 percent of the years of service credited

21 to that person under section 12733 of this title.

22 ‘‘(b) The amount computed under subsection (a) may

23 not exceed 75 percent of the retired pay base upon which

24 the computation is based.
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•HR 1040 RFS

1 ‘‘(c) Amounts computed under this section, if not a

2 multiple of $1, shall be rounded down to the next lower

3 multiple of $1.’’.

4 (2) Section 1401(a) is amended by striking out for5 mula number 3 in the table set forth in that section.

6 (3) Section 1405(a)(3) is amended by striking out

7 ‘‘section 1333’’ and ‘‘section 1331’’ and inserting in lieu

8 thereof ‘‘section 12733’’ and ‘‘section 12731’’, respec9 tively.

10 (4) Section 1406(b) is amended—

11 (A) by striking out the matter preceding the

12 table and inserting in lieu thereof the following:

13 ‘‘(b) RETIREMENT UNDER SUBTITLE A OR E.—

14 ‘‘(1) DISABILITY, WARRANT OFFICER, AND

15 DOPMA RETIREMENT.—In the case of a person

16 whose retired pay is computed under this subtitle,

17 the retired pay base is determined in accordance

18 with the following table.’’;

19 (B) in the table—

20 (i) by striking out the entry relating to sec21 tion 1331 (including the matter relating to that

22 entry in the column under the heading ‘‘The re23 tired pay base is:’’); and
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1 (ii) by redesignating the references to foot2 notes 3 and 4 so as to refer to footnotes 2 and

3 3, respectively;

4 (C) by striking out footnote 2 to the table and

5 redesignating footnotes 3 and 4 as footnotes 2 and

6 3, respectively; and

7 (D) by adding at the end the following:

8 ‘‘(2) NON-REGULAR SERVICE RETIREMENT.—In

9 the case of a person who is entitled to retired pay

10 under section 12731 of this title, the retired pay

11 base is the monthly basic pay, determined at the

12 rates applicable on the date when retired pay is

13 granted, of the highest grade held satisfactorily by

14 the person at any time in the armed forces. For pur15 poses of the preceding sentence, the highest grade in

16 which a person served satisfactorily as an officer

17 shall be determined in accordance with section

18 1370(d) of this title.’’.

19 (5) Section 1407 is amended—

20 (A) in subsection (c)(2)(B), by striking out

21 ‘‘chapter 67’’ and inserting in lieu thereof ‘‘chapter

22 1223’’; and

23 (B) in subsection (f)(2)—
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1 (i) by striking out ‘‘CHAPTER 67’’ in the

2 heading and inserting in lieu thereof ‘‘CHAPTER

3 1223’’; and

4 (ii) by striking out ‘‘section 1331’’ and in5 serting in lieu thereof ‘‘section 12731’’.

6 (6) Section 1409(a)(1)(B) is amended by striking out

7 ‘‘chapter 67’’ and inserting in lieu thereof ‘‘chapter

8 1223’’.

9 (7) Part II of subtitle A is amended by inserting after

10 chapter 65 the following:

11 ‘‘CHAPTER 67—RETIRED PAY FOR NONREGULAR

12 SERVICE

‘‘Sec.

‘‘1331. Reference to chapter 1223.

13 ‘‘§ 1331. Reference to chapter 1223

14 ‘‘Provisions of law relating to retired pay for

15 nonregular service are set forth in chapter 1223 of this

16 title (beginning with section 12731).’’.

17 (8) Section 6034 is repealed.

18 (k) RETIRED GRADE.—(1) Part II of subtitle E, as

19 added by subsection (a), is further amended by adding

20 after chapter 1223 (as added by subsection (j)) the follow21 ing:

22 ‘‘CHAPTER 1225—RETIRED GRADE

‘‘Sec.

‘‘12771. Reserve officers: grade on transfer to Retired Reserve.

‘‘12772. Reserve commissioned officers who have served as Attending Physician

to the Congress: grade on transfer to Retired Reserve.
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‘‘12773. Limitation on accrual of increased pay or benefits.

‘‘12774. Retired lists.

1 ‘‘§ 12771. Reserve officers: grade on transfer to Re2 tired Reserve

3 ‘‘Unless entitled to a higher grade under another pro4 vision of law, a reserve commissioned officer, other than

5 a commissioned warrant officer, who is transferred to the

6 Retired Reserve is entitled to be placed on the retired list

7 established by section 12774(a) of this title in the highest

8 grade in which he served satisfactorily, as determined by

9 the Secretary concerned and in accordance with section

10 1370(d), in the armed force in which he is serving on the

11 date of transfer.

12 ‘‘§ 12772. Reserve commissioned officers who have

13 served as Attending Physician to the

14 Congress: grade on transfer to Retired

15 Reserve

16 ‘‘Unless entitled to a higher grade under another pro17 vision of law, a reserve commissioned officer who is trans18 ferred to the Retired Reserve after having served in the

19 position of Attending Physician to the Congress is entitled

20 to be placed on the retired list established by section

21 12774(a) of this title in the grade held by the officer while

22 serving in that position.
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1 ‘‘§ 12773. Limitation on accrual of increased pay or

2 benefits

3 ‘‘Unless otherwise provided by law, no person is enti4 tled to increased pay or other benefits because of sections

5 12771 and 12772 of this title.

6 ‘‘§ 12774. Retired lists

7 ‘‘(a) Under regulations prescribed by the Secretary

8 concerned, there shall be maintained retired lists contain9 ing the names of the Reserves of the armed forces under

10 the Secretary’s jurisdiction who are in the Retired

11 Reserve.

12 ‘‘(b) The Secretary of the Navy shall maintain a

13 United States Naval Reserve Retired List containing the

14 names of members of the Naval Reserve and the Marine

15 Corps Reserve entitled to retired pay.’’.

16 (2) Sections 1374 and 6017 are repealed.

17 (3)(A) Section 1376 is amended—

18 (i) by striking out subsection (a); and

19 (ii) by striking out ‘‘(b)’’ before ‘‘The Secretary

20 concerned’’.

21 (B) The heading of that section is amended to read

22 as follows:
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1 ‘‘§ 1376. Temporary disability retired lists’’.

2 SEC. 303. LAWS RELATING TO RESERVE COMPONENT

3 TRAINING AND EDUCATIONAL ASSISTANCE

4 PROGRAMS.

5 (a) TRAINING GENERALLY.—Subtitle E, as added by

6 section 101, is amended by adding after part III of such

7 subtitle (as added by that section) the following:

8 ‘‘PART IV—TRAINING FOR RESERVE COM9 PONENTS AND EDUCATIONAL ASSIST10 ANCE PROGRAMS

‘‘Chap. Sec.

‘‘1601. Training Generally ....................................................... [No present

sections]

‘‘1606. Educational Assistance for Members of the Selected Reserve .... 16131

‘‘1608. Health Professions Stipend Program .......................................... 16201

‘‘1609. Education Loan Repayments ....................................................... 16301

11 ‘‘CHAPTER 1601—TRAINING GENERALLY

12 ‘‘[No present sections]’’.

13 (b) MONTGOMERY GI BILL FOR SELECTED RE14 SERVE.—(1) Part IV of subtitle E (as added by subsection

15 (a)) is amended by adding at the end the following:

16 ‘‘CHAPTER 1606—EDUCATIONAL ASSISTANCE FOR

17 MEMBERS OF THE SELECTED RESERVE

‘‘Sec.

‘‘16131. Educational assistance program: establishment; amount.

‘‘16132. Eligibility for educational assistance.

‘‘16133. Time limitations for use of entitlement.

‘‘16134. Termination of assistance.

‘‘16135. Failure to participate satisfactorily; penalties.

‘‘16136. Administration of program.

‘‘16137. Reports to Congress.’’.
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1 (2) Sections 2131 through 2137 are transferred to

2 chapter 1606, as added by paragraph (1), inserted after

3 the table of sections, and redesignated as follows:

Redesignated

Section section

2131 .................................................................................. 16131

2132 .................................................................................. 16132

2133 .................................................................................. 16133

2134 .................................................................................. 16134

2135 .................................................................................. 16135

2136 .................................................................................. 16136

2137 .................................................................................. 16137

4 (3) Section 16131 (as so redesignated) is amended—

5 (A) in subsection (c)(3)(B)(i), by striking out

6 ‘‘section 672 (a), (d), or (g), 673, or 673b’’ and in7 serting in lieu thereof ‘‘section 12301(a), 12301(d),

8 12301(g), 12302, or 12304’’; and

9 (B) in subsection (g)(1), by striking out ‘‘sec10 tion 2136(c)’’ and inserting in lieu thereof ‘‘section

11 16136(c)’’.

12 (4) Section 16132 (as so redesignated) is amended—

13 (A) in subsection (a), by striking out ‘‘section

14 2131’’ and inserting in lieu thereof ‘‘section 16131’’;

15 and

16 (B) in subsection (c), by striking out ‘‘sections

17 2134 and 2135’’ and inserting in lieu thereof ‘‘sec18 tion 16134 and 16135’’.

19 (5) Section 16133 (as so redesignated) is amended—
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1 (A) in subsection (b)(1)(B), by striking out

2 ‘‘section 268(b)’’ and inserting in lieu thereof ‘‘sec3 tion 10143(a)’’; and

4 (B) in subsection (b)(4)(A), by striking out

5 ‘‘section 672 (a), (d), or (g), 673, or 673b’’ and in6 serting in lieu thereof ‘‘section 12301(a), 12301(d),

7 12301(g), 12302, or 12304’’.

8 (6) Section 16135 (as so redesignated) is amended—

9 (A) by striking out ‘‘section 2132’’ in sub10 section (a)(1)(A) and inserting in lieu thereof ‘‘sec11 tion 16132’’; and

12 (B) by striking out ‘‘section 2132(a)’’ in sub13 section (b)(1)(A) and inserting in lieu thereof ‘‘sec14 tion 16132(a)’’.

15 (7) Chapter 106 is amended by striking out the table

16 of sections at the beginning and inserting in lieu thereof

17 the following:

‘‘Sec.

‘‘2131. Reference to chapter 1606.

‘‘2138. Savings provision.

18 ‘‘§ 2131. Reference to chapter 1606

19 ‘‘Provisions of law relating to educational assistance

20 for members of the Selected Reserve under the Montgom21 ery GI Bill program are set forth in chapter 1606 of this

22 title (beginning with section 16131).’’.

23 (c) HEALTH PROFESSIONS STIPEND PROGRAM.—(1)

24 Part IV of subtitle E (as added by subsection (a)) is
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1 amended by adding after chapter 1606 (as added by sub2 section (b)) the following:

3 ‘‘CHAPTER 1608—HEALTH PROFESSIONS STIPEND

4 PROGRAM

‘‘Sec.

‘‘16201. Financial assistance: health-care professionals in reserve components.

‘‘16202. Reserve service: required active duty for training.

‘‘16203. Penalties and limitations.

‘‘16204. Regulations.

5 ‘‘§ 16204. Regulations

6 ‘‘This chapter shall be administered under regula7 tions prescribed by the Secretary of Defense.’’.

8 (2) Section 2128 is transferred to chapter 1608, as

9 added by paragraph (1), inserted after the table of sec10 tions, redesignated as section 16201, and amended by

11 striking out subsection (f).

12 (3) Section 2129 is transferred to chapter 1608, as

13 added by paragraph (1), inserted after section 16201 (as

14 transferred and redesignated by paragraph (2)), and re15 designated as section 16202.

16 (4)(A) Section 2130 is transferred to chapter 1608,

17 as added by paragraph (1), inserted after section 16202

18 (as transferred and redesignated by paragraph (3)), redes19 ignated as section 16203, and amended by striking out

20 subsection (c).

21 (B) The heading of that section is amended to read

22 as follows:
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1 ‘‘§ 16203. Penalties and limitations’’.

2 (5) Section 16201, as so redesignated, is amended by

3 striking out ‘‘subchapter’’ each place it appears and in4 serting in lieu thereof ‘‘chapter’’.

5 (6) Section 16202, as so redesignated, is amended by

6 striking out ‘‘section 2128’’ both places it appears and in7 serting in lieu thereof ‘‘section 16201’’.

8 (7) Chapter 105 is amended—

9 (A) in the table of subchapters before sub10 chapter I—

11 (i) by striking out the item relating to sub12 chapter II; and

13 (ii) by redesignating the item relating to

14 subchapter III so as to refer to subchapter II;

15 (B) by striking out the heading for subchapter

16 II and the table of sections following that heading;

17 and

18 (C) by redesignating subchapter III as sub19 chapter II.

20 (d) EDUCATION LOAN REPAYMENT PROGRAMS.—(1)

21 Part IV of subtitle E (as added by subsection (a)) is

22 amended by adding after chapter 1608 (as added by sub23 section (c) the following:
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1 ‘‘CHAPTER 1609—EDUCATION LOAN REPAYMENT

2 PROGRAMS

‘‘Sec.

‘‘16301. Education loan repayment program: enlisted members of Selected Reserve with critical specialties.

‘‘16302. Education loan repayment program: health professions officers serving

in Selected Reserve with wartime critical medical skill shortages.

3 ‘‘§ 16301. Education loan repayment program: en4 listed members of Selected Reserve with

5 critical specialties

6 ‘‘(a)(1) Subject to the provisions of this section, the

7 Secretary of Defense may repay—

8 ‘‘(A) any loan made, insured, or guaranteed

9 under part B of title IV of the Higher Education

10 Act of 1965 (20 U.S.C. 1071 et seq.); or

11 ‘‘(B) any loan made under part E of such title

12 (20 U.S.C. 1087aa et seq.).

13 Repayment of any such loan shall be made on the basis

14 of each complete year of service performed by the

15 borrower.

16 ‘‘(2) The Secretary may repay loans described in

17 paragraph (1) in the case of any person for service per18 formed as an enlisted member of the Selected Reserve of

19 the Ready Reserve of an armed force in a reserve compo20 nent and military specialty specified by the Secretary of

21 Defense. The Secretary may repay such a loan only if the
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1 person to whom the loan was made performed such service

2 after the loan was made.

3 ‘‘(b) The portion or amount of a loan that may be

4 repaid under subsection (a) is 15 percent or $500, which5 ever is greater, for each year of service.

6 ‘‘(c) If a portion of a loan is repaid under this section

7 for any year, interest on the remainder of the loan shall

8 accrue and be paid in the same manner as is otherwise

9 required.

10 ‘‘(d) Nothing in this section shall be construed to au11 thorize refunding any repayment of a loan.

12 ‘‘(e) A person who transfers from service making the

13 person eligible for repayment of loans under this section

14 (as described in subsection (a)(2)) to service making the

15 person eligible for repayment of loans under section 2171

16 of this title (as described in subsection (a)(2) of that sec17 tion) during a year shall be eligible to have repaid a por18 tion of such loan determined by giving appropriate frac19 tional credit for each portion of the year so served, in ac20 cordance with regulations of the Secretary concerned.

21 ‘‘(f) The Secretary of Defense shall, by regulation,

22 prescribe a schedule for the allocation of funds made avail23 able to carry out the provisions of this section and section

24 2171 of this title during any year for which funds are not

25 sufficient to pay the sum of the amounts eligible for repay-
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1 ment under subsection (a) and section 2171(a) of this

2 title.’’.

3 (2)(A) Section 2172 is transferred to the end of chap4 ter 1609, as added by paragraph (1), and redesignated

5 as section 16302.

6 (B) The heading of such section is amended to read

7 as follows:

8 ‘‘§ 16302. Education loan repayment program: health

9 professions officers serving in Selected

10 Reserve with wartime critical medical

11 skill shortages’’.

12 (e) CONFORMING AMENDMENTS.—Section 2171 is

13 amended as follows:

14 (1) Subsection (a)(1)(B) is amended by striking

15 out ‘‘or’’ after ‘‘(B)’’.

16 (2) Subsection (a)(2) is amended—

17 (A) in the first sentence, by striking out

18 ‘‘person for—’’ and all that follows through

19 ‘‘(B) service performed’’ and inserting in lieu

20 thereof ‘‘person for service performed’’; and

21 (B) by striking out the second sentence.

22 (3) Subsection (b) is amended to read as

23 follows:
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1 ‘‘(b) The portion or amount of a loan that may be

repaid under subsection (a) is 331 2 ⁄3 percent or $1,500,

3 whichever is greater, for each year of service.’’.

4 (4) Subsection (e) is amended by striking out

5 ‘‘Any individual who transfers from service described

6 in clause (A) or (B) of subsection (a)(2) to service

7 described in the other clause of such subsection’’

8 and inserting in lieu thereof ‘‘A person who trans9 fers from service making the person eligible for re10 payment of loans under this section (as described in

11 subsection (a)(2)) to service making the person eligi12 ble for repayment of loans under section 16301 of

13 this title (as described in subsection (a)(2) of that

14 section)’’.

15 (5) Subsection (f) is amended—

16 (A) by inserting ‘‘and section 16301 of this

17 title’’ after ‘‘this section’’; and

18 (B) by inserting ‘‘and section 16301(a) of

19 this title’’ after ‘‘subsection (a)’’.

20 (6) The heading of such section is amended to

21 read as follows:
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1 ‘‘§ 2171. Education loan repayment program: enlisted

2 members on active duty in specified mili3 tary specialties’’.

4 SEC. 304. LAWS RELATING TO RESERVE COMPONENT PRO5 CUREMENT AND EQUIPMENT.

6 (a) ADDITION OF NEW PART.—(1) Subtitle E, as

7 added by section 101, is amended by adding after part

8 IV of such subtitle (as added by section 303) the following:

9 ‘‘PART V—SERVICE, SUPPLY, AND

10 PROCUREMENT

‘‘Chap. Sec.

‘‘1801. Issue of Serviceable Material to Reserve Components [No present

sections]

‘‘1803. Facilities for Reserve Components .............................................. 18231

‘‘1805. Miscellaneous Provisions .............................................................. 18501

11 ‘‘CHAPTER 1801—ISSUE OF SERVICEABLE

12 MATERIAL TO RESERVE COMPONENTS

13 ‘‘[No present sections]’’.

14 (b) FACILITIES FOR RESERVE COMPONENTS.—(1)

15 Chapter 133 is transferred to the end of part V of subtitle

16 E, as added by subsection (a), and redesignated as chapter

17 1803.

18 (2) The sections of that chapter are redesignated

19 as follows:

Redesignated

Section section

2231 .................................................................................. 18231

2232 .................................................................................. 18232

2233 .................................................................................. 18233

2233a ................................................................................ 18233a

2234 .................................................................................. 18234

2235 .................................................................................. 18235
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2236 .................................................................................. 18236

2237 .................................................................................. 18237

2238 .................................................................................. 18238

2239 .................................................................................. 18239

1 (3) The items in the table of sections at the beginning

2 of such chapter are revised to reflect the redesignations

3 made by paragraph (2).

4 (4) Section 18233 (as redesignated by paragraph (2))

5 is amended by striking out ‘‘sections 2233a, 2234, 2235,

6 2236, and 2238’’ in subsection (a) and inserting in lieu

7 thereof ‘‘sections 18233a, 18234, 18235, 18236, and

8 18238’’.

9 (5) Section 18233a (as redesignated by paragraph

10 (2)) is amended—

11 (A) in subsection (a), by striking out ‘‘section

12 2233’’ and inserting in lieu thereof ‘‘section 18233’’;

13 and

14 (B) in subsection (b), by striking out ‘‘section

15 2233(a)’’ and inserting in lieu thereof ‘‘section

16 18233(a)’’.

17 (6) Section 18234 (as redesignated by paragraph (2))

18 is amended by striking out ‘‘section 2233’’ and inserting

19 in lieu thereof ‘‘section 18233’’.

20 (7) Section 18235 (as redesignated by paragraph (2))

21 is amended by striking out ‘‘section 2233(a)(1)’’ in sub22 section (a)(1) and inserting in lieu thereof ‘‘section

23 18233’’.
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1 (8) Section 18236 (as redesignated by paragraph (2))

2 is amended—

3 (A) in subsection (a)—

4 (i) by striking out ‘‘section 2233’’ in the

5 first sentence and inserting in lieu thereof ‘‘sec6 tion 18233’’; and

7 (ii) by striking out ‘‘section 2233(a)(3) or

8 (4)’’ in the second sentence and inserting in

9 lieu thereof ‘‘paragraph (3) or (4) of section

10 18233(a)’’;

11 (B) in subsection (b)—

12 (i) by striking out ‘‘clause (4) or (5) of

13 section 2233(a)’’ in the matter preceding para14 graph (1) and inserting in lieu thereof ‘‘para15 graph (4) or (5) of section 18233(a)’’; and

16 (ii) by striking out ‘‘section 2233(e)’’ in

17 paragraph (2) and inserting in lieu thereof

18 ‘‘section 18233(e)’’; and

19 (C) in subsection (c), by striking out ‘‘section

20 2233’’ and inserting in lieu thereof ‘‘section 18233’’.

21 (9) Section 18237 (as redesignated by paragraph (2))

22 is amended—

23 (A) in subsection (a), by striking out ‘‘section

24 2233(a)(2), (3) and (4)’’ and inserting in lieu there-
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1 of ‘‘paragraph (2), (3), or (4) of section 18233(a)’’;

2 and

3 (B) in subsection (b), by striking out ‘‘section

4 2233(a)(2), (3) or (4)’’ and inserting in lieu thereof

5 ‘‘paragraph (2), (3), or (4) of section 18233(a)’’.

6 (10) Section 18239 (as redesignated by paragraph

7 (2)) is amended by striking out ‘‘section 2233’’ both places

8 it appears and inserting in lieu thereof ‘‘section 18233’’.

9 (11) Part IV of subtitle A is amended by inserting

10 after chapter 131 the following:

11 ‘‘CHAPTER 133—FACILITIES FOR RESERVE

12 COMPONENTS

‘‘Sec.

‘‘2231. Reference to chapter 1803.

13 ‘‘§ 2231. Reference to chapter 1803

14 ‘‘Provisions of law relating to facilities for reserve

15 components are set forth in chapter 1803 of this title

16 (beginning with section 18231).’’.

17 (c) MISCELLANEOUS PROVISIONS.—(1) Part V of

18 subtitle E, as added by subsection (a), is amended by add19 ing after chapter 1803, as transferred by subsection

20 (b), the following:

21 ‘‘CHAPTER 1805—MISCELLANEOUS PROVISIONS

‘‘Sec.

‘‘18501. Reserve components: personnel and logistic support by military departments.

‘‘18502. Reserve components: supplies, services, and facilities.
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1 ‘‘§ 18501. Reserve components: personnel and logistic

2 support by military departments

3 ‘‘The Secretary concerned is responsible for providing

4 the personnel, equipment, facilities, and other general lo5 gistic support necessary to enable units and Reserves in

6 the Ready Reserve of the reserve components under his

7 jurisdiction to satisfy the training requirements and mobi8 lization readiness requirements for those units and Re9 serves as recommended by the Secretary concerned and

10 by the Chairman of the Joint Chiefs of Staff and approved

11 by the Secretary of Defense, and as recommended by the

12 Commandant of the Coast Guard and approved by the

13 Secretary of Transportation when the Coast Guard is not

14 operated as a service of the Navy.

15 ‘‘§ 18502. Reserve components: supplies, services, and

16 facilities

17 ‘‘(a) The Secretary concerned shall make available to

18 the reserve components under his jurisdiction the supplies,

19 services, and facilities of the armed forces under his juris20 diction that he considers necessary to support and develop

21 those components.

22 ‘‘(b) Whenever he finds it to be in the best interest

23 of the United States, the Secretary concerned may issue

24 supplies of the armed forces under his jurisdiction to the

25 reserve components under his jurisdiction, without charge
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1 to the appropriations for those components for the cost

2 or value of the supplies or for any related expense.

3 ‘‘(c) Whenever he finds it to be in the best interest

4 of the United States, the Secretary of the Army or the

5 Secretary of the Air Force may issue to the Army National

6 Guard or the Air National Guard, as the case may be,

7 supplies of the armed forces under his jurisdiction that

8 are in addition to supplies issued to that National Guard

9 under section 702 of title 32 or charged against its appro10 priations under section 106 or 107 of title 32, without

11 charge to the appropriations for those components for the

12 cost or value of the supplies or for any related expense.

13 ‘‘(d) Supplies issued under subsection (b) or (c) may

14 be repossessed or redistributed as prescribed by the

15 Secretary concerned.’’.

16 (2) Section 2540 is repealed.

17 SEC. 305. LEGISLATIVE CONSTRUCTION.

18 (a) REFERENCES TO TRANSFERRED OR REPLACED

19 PROVISIONS.—A reference to a provision of title 10, Unit20 ed States Code, transferred or replaced by the provisions

21 of sections 301 through 304 (including a reference in a

22 regulation, order, or other law) shall be treated as refer23 ring to that provision as transferred or to the correspond24 ing provision as so enacted by this title.
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1 (b) SAVINGS PROVISION FOR REGULATIONS.—A reg2 ulation, rule, or order in effect under a provision of title

3 10, United States Code, replaced by a provision of that

4 title enacted by sections 301 through 304 shall continue

5 in effect under the corresponding provision so enacted

6 until repealed, amended, or superseded.

7 (c) GENERAL SAVINGS PROVISION.—An action

8 taken, or a right that matured, under a provision of title

9 10, United States Code, replaced by a provision of that

10 title enacted by sections 301 through 304 shall be treated

11 as having been taken, or having matured, under the cor12 responding provision so enacted.

13 TITLE IV—TECHNICAL AND CLERICAL

14 AMENDMENTS

15 SEC. 401. AMENDMENTS TO SUBTITLE A OF TITLE 10, UNIT16 ED STATES CODE.

17 (a) TABLE OF SUBTITLES.—The table of subtitles

18 preceding subtitle A is amended by adding at the end the

19 following new item:

‘‘E. Reserve Components ................................................................10001’’.

20 (b) TABLES OF SECTIONS.—

21 (1) The table of sections at the beginning of

22 chapter 2 is amended by striking out the item relat23 ing to section 115b.

24 (2) The table of sections at the beginning of

25 chapter 3 is amended by striking out the item relat-
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1 ing to section 123 and inserting in lieu thereof the

2 following:

‘‘123. Authority to suspend officer personnel laws during war or national emergency.’’.

3 (3) The table of sections at the beginning of

4 chapter 31 is amended by striking out the items re5 lating to sections 510, 511, 512, and 517.

6 (4) The table of sections at the beginning of

7 chapter 32 is amended—

8 (A) by striking out the item relating to

9 section 524; and

10 (B) by striking out ‘‘524,’’ in the item re11 lating to section 527.

12 (5) The table of sections at the beginning of

13 subchapter V of chapter 36 is amended by striking

14 out the item relating to section 644.

15 (6) The table of sections at the beginning of

16 chapter 37 is amended by striking out the item re17 lating to section 652.

18 (7) The table of sections at the beginning of

19 chapter 39 is amended—

20 (A) by striking out the item relating to

21 section 672 and inserting in lieu thereof the

22 following:

‘‘672. Reference to chapter 1209.’’;

23 and
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1 (B) by striking out the items relating to

2 section 673 through 686 and section 689.

3 (8) The table of sections at the beginning of

4 chapter 41 is amended by striking out the item re5 lating to section 715.

6 (9) The table of sections at the beginning of

7 chapter 53 is amended by striking out the item re8 lating to section 1033.

9 (10) The table of sections at the beginning of

10 chapter 59 is amended by striking out the items re11 lating to sections 1162 and 1163.

12 (11) The table of sections at the beginning of

13 chapter 69 is amended—

14 (A) by striking out the item relating to

15 section 1374; and

16 (B) by striking out the item relating to

17 section 1376 and inserting in lieu thereof the

18 following:

‘‘1376. Temporary disability retired lists.’’.

19 (12) The table of sections at the beginning of

20 chapter 101 is amended by striking out the item re21 lating to section 2001.

22 (13) The table of sections at the beginning of

23 chapter 109 is amended by striking out the items re-
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1 lating to sections 2171 and 2172 and inserting in

2 lieu thereof the following:

‘‘2171. Education loan repayment program: enlisted members on active duty in

specified military specialties.’’.

3 (14) The table of sections at the beginning of

4 subchapter I of chapter 152 is amended by striking

5 out the item relating to section 2540.

6 (c) CROSS-REFERENCE AMENDMENTS—

7 (1) Section 101(a)(13) is amended by striking

8 out ‘‘672(a), 673, 673b, 673c, 688, 3500, or 8500’’

9 and inserting in lieu thereof ‘‘688, 12301(a), 12302,

10 12304, 12305, or 12406’’.

11 (2) Section 113(c)(3) is amended by striking

12 out ‘‘chapters 51, 337, 361, 363, 549, 573, 837,

13 861, and 863 of this title, as far as they apply to

14 reserve officers’’ and inserting in lieu thereof ‘‘chap15 ters 1219 and 1401 through 1411 of this title ’’.

16 (3) Section 523(b)(1) is amended—

17 (A) in subparagraph (B), by striking out

18 ‘‘section 265’’ and all that follows through ‘‘of

19 this title’’ and inserting in lieu thereof ‘‘section

20 10211, 10302 through 10305, or 12402 of this

21 title’’;

22 (B) in subparagraph (C), by striking out

23 ‘‘section 672(d)’’ and inserting in lieu thereof

24 ‘‘section 12301(d)’’; and
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1 (C) in subparagraph (E), by striking out

2 ‘‘section 673b’’ and inserting in lieu thereof

3 ‘‘section 12304’’.

4 (4) Section 527 is amended by striking out

5 ‘‘524,’’ in the text and in the heading.

6 (5) Section 641(1) is amended—

7 (A) in subparagraph (B), by striking out

8 ‘‘section 175’’ and all that follows through ‘‘of

9 this title’’ and inserting in lieu thereof ‘‘section

10 3038, 8038, 10211, 10301 through 10305,

11 10501, or 12402 of this title’’;

12 (B) in subparagraph (C), by striking out

13 ‘‘section 672(d)’’ and inserting in lieu thereof

14 ‘‘section 12301(d)’’; and

15 (C) in subparagraph (E), by striking out

16 ‘‘section 673b’’ and inserting in lieu thereof

17 ‘‘section 12304’’.

18 (6) Sections 1201, 1202, and 1203 are each

19 amended by striking out ‘‘section 270(b)’’ and in20 serting in lieu thereof ‘‘section 10148(a)’’.

21 (7)(A) Section 1076(b)(2)(A) is amended by

22 striking out ‘‘under chapter 67 of this title’’ and in23 serting in lieu thereof ‘‘under chapter 1223 of this

24 title (or under chapter 67 of this title as in effect
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1 before the effective date of the Reserve Officer Per2 sonnel Management Act)’’:

3 (B) Section 1370(a)(1) is amended by striking

4 out ‘‘chapter 67’’ and inserting in lieu thereof

5 ‘‘chapter 1223’’.

6 (8) Section 1482(f)(2) is amended by striking

7 out ‘‘section 1332’’ and ‘‘section 1331’’ and insert8 ing in lieu thereof ‘‘section 12732’’ and ‘‘12731’’,

9 respectively.

10 (d) SURVIVOR BENEFIT PLAN.—Subchapter II of

11 chapter 73 is amended as follows:

12 (1) Section 1447(14) is amended by striking

13 out ‘‘chapter 67 of this title’’ and inserting in lieu

14 thereof ‘‘chapter 1223 of this title (or under chapter

15 67 of this title as in effect before the effective date

16 of the Reserve Officer Personnel Management Act)’’.

17 (2) The following provisions are amended by

18 striking out ‘‘section 1331(d)’’ and inserting in lieu

19 thereof ‘‘section 12731(d)’’: sections 1447(2)(C),

20 1448(a)(2)(B), 1448(f)(1)(A), and 1448(f)(1)(B).

21 SEC. 402. AMENDMENTS TO SUBTITLE B OF TITLE 10, UNIT22 ED STATES CODE.

23 (a) TABLES OF CHAPTERS.—The table of chapters

24 at the beginning of subtitle B, and the table of chapters

25 at the beginning of part II of that subtitle, are each
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1 amended by striking out the items relating to chapters

2 337, 361, and 363.

3 (b) TABLES OF SECTIONS.—

4 (1) The table of sections at the beginning of

5 chapter 305 is amended by striking out the item re6 lating to section 3040.

7 (2) The table of sections at the beginning of

8 chapter 307 is amended by striking out the items re9 lating to section 3076 through 3080.

10 (3) The table of sections at the beginning of

11 chapter 331 is amended by striking out the items re12 lating to section 3212 and sections 3217 through

13 3225.

14 (4) The table of sections at the beginning of

15 chapter 333 is amended by striking out the items re16 lating to sections 3259, 3260, and 3261.

17 (5) The table of sections at the beginning of

18 chapter 341 is amended by striking out the items re19 lating to sections 3495 through 3502.

20 (6) The table of sections at the beginning of

21 chapter 343 is amended by striking out the items re22 lating to sections 3541 and 3542.

23 (7) The table of sections at the beginning of

24 chapter 353 is amended by striking out the item re25 lating to section 3686.
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1 (c) CROSS REFERENCE AMENDMENTS.—

2 (1) Section 3038(b) is amended by striking out

3 ‘‘section 265’’ and inserting in lieu thereof ‘‘section

4 10211’’.

5 (2) Section 3961(a) is amended by striking out

6 ‘‘chapter 67’’ and inserting in lieu thereof ‘‘chapter

7 1223’’.

8 (3) Section 4342(b)(1)(B) is amended by strik9 ing out ‘‘section 1331 of this title’’ and inserting in

10 lieu thereof ‘‘section 12731 of this title (or under

11 section 1331 of this title as in effect before the ef12 fective date of the Reserve Officer Personnel Man13 agement Act)’’.

14 SEC. 403. AMENDMENTS TO SUBTITLE C OF TITLE 10, UNIT15 ED STATES CODE.

16 (a) TABLES OF CHAPTERS.—

17 (1) The table of chapters at the beginning of

18 subtitle C is amended by striking out the items re19 lating to chapters 519, 531, 541, and 549.

20 (2) The table of chapters at the beginning of

21 part I of subtitle C is amended by striking out the

22 item relating to chapter 519.

23 (3) The table of chapters at the beginning of

24 part II of subtitle C is amended by striking out the

25 items relating to chapters 531, 541, and 549.
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1 (b) TABLES OF SECTIONS.—

2 (1) The table of sections at the beginning of

3 chapter 533 is amended by striking out the items re4 lating to sections 5456, 5457, and 5458.

5 (2) The table of sections at the beginning of

6 chapter 539 is amended by striking out the item re7 lating to section 5600.

8 (3) The table of sections at the beginning of

9 chapter 555 is amended by striking out the items re10 lating to sections 6017 and 6034.

11 (4) The table of sections at the beginning of

12 chapter 573 is amended by striking out the items re13 lating to sections 6391, 6392, 6397, 6403, and

14 6410.

15 (c) CROSS REFERENCE AMENDMENTS.—

16 (1) Section 6389(a) is amended by striking out

17 ‘‘section 1005’’ and inserting in lieu thereof ‘‘section

18 12645’’.

19 (2) Section 6954(b)(1)(B) is amended by strik20 ing out ‘‘section 1331 of this title’’ and inserting in

21 lieu thereof ‘‘section 12731 of this title (or under

22 section 1331 of this title as in effect before the ef23 fective date of the Reserve Officer Personnel Man24 agement Act)’’.
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1 (d) REPEAL OF SECTION REDUNDANT WITH SEC2 TION 741.—

3 (1) Section 5506 is repealed.

4 (2) The table of sections at the beginning of

5 chapter 535 is amended by striking out the item re6 lating to section 5506.

7 SEC. 404. AMENDMENTS TO SUBTITLE D OF TITLE 10, UNIT8 ED STATES CODE.

9 (a) TABLES OF CHAPTERS.—The table of chapters

10 at the beginning of subtitle D, and the table of chapters

11 at the beginning of part II of that subtitle, are each

12 amended by striking out the items relating to chapters

13 837 and 863.

14 (b) TABLES OF SECTIONS.—

15 (1) The table of sections at the beginning of

16 chapter 807 is amended by striking out the items re17 lating to sections 8076 through 8080.

18 (2) The table of sections at the beginning of

19 chapter 831 is amended by striking out the items re20 lating to section 8212 and sections 8217 through

21 8225.

22 (3) The table of sections at the beginning of

23 chapter 833 is amended by striking out the items re24 lating to sections 8259, 8260, and 8261.
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1 (4) The table of sections at the beginning of

2 chapter 841 is amended by striking out the items re3 lating to sections 8495 through 8502.

4 (5) The table of sections at the beginning of

5 chapter 843 is amended by striking out the items re6 lating to sections 8541 and 8542.

7 (6) The table of sections at the beginning of

8 chapter 853 is amended by striking out the item re9 lating to section 8686.

10 (7) The table of sections at the beginning of

11 chapter 861 is amended by striking out the items re12 lating to sections 8819 and 8820.

13 (c) CROSS REFERENCE AMENDMENTS.—

14 (1) Section 8038(b) is amended by striking out

15 ‘‘section 265’’ and inserting in lieu thereof ‘‘section

16 10211’’.

17 (2) Section 8961(a) is amended by striking out

18 ‘‘chapter 67’’ and inserting in lieu thereof ‘‘chapter

19 1223’’.

20 (3) Section 9342(b)(1)(B) is amended by strik21 ing out ‘‘section 1331 of this title’’ and inserting in

22 lieu thereof ‘‘section 12731 of this title (or under

23 section 1331 of this title as in effect before the ef24 fective date of the Reserve Officer Personnel Man25 agement Act)’’.
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1 SEC. 405. AMENDMENTS TO SUBTITLE E OF TITLE 10, UNIT2 ED STATES CODE.

3 (a) CHAPTER 1203.—Section 12102 (as transferred

4 and redesignated by section 302(b)(2)) is amended by

5 striking out ‘‘section 3261 or 8261’’ in subsection (a) and

6 inserting in lieu thereof ‘‘section 12107’’.

7 (b) CHAPTER 1205.—Sections of chapter 1205 (as

8 transferred and redesignated by section 302(c)(2)) are

9 amended as follows:

10 (1) Section 12203 is amended by striking out

11 ‘‘3352, or 8352’’ in subsection (a) and inserting in

12 lieu thereof ‘‘12213, or 12214’’.

13 (2) Sections 12213 and 12214 are amended by

14 striking out ‘‘or Territory, Puerto Rico, or the Dis15 trict of Columbia, whichever is’’ in subsection (a).

16 (c) CHAPTER 1209.—Sections of chapter 1209 (as

17 transferred and redesignated by section 302(e)(2)) are

18 amended as follows:

19 (1) Section 12301 is amended—

20 (A) in subsection (b), by striking out ‘‘or

21 Territory’’ and all that follows through the pe22 riod at the end and inserting in lieu thereof

23 ‘‘(or, in the case of the District of Columbia

24 National Guard, the commanding general of the

25 District of Columbia National Guard).’’; and
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1 (B) in subsection (d), by striking out ‘‘or

2 Territory, Puerto Rico, or the District of Co3 lumbia, whichever is’’.

4 (2) Section 12304 is amended—

5 (A) by striking out ‘‘section 673(a)’’ in

6 subsection (a) and inserting in lieu thereof

7 ‘‘section 12302(a)’’;

8 (B) by striking out ‘‘section 268(b)’’ in

9 subsection (a) and inserting in lieu thereof

10 ‘‘section 10143(a)’’; and

11 (C) by striking out ‘‘section 3500 or 8500’’

12 in subsection (b) and inserting in lieu thereof

13 ‘‘section 12406’’.

14 (3) Section 12305 is amended by striking out

15 ‘‘section 672, 673, or 673b’’ in subsections (a) and

16 (b) and inserting in lieu thereof ‘‘section 12301,

17 12302, or 12304’’.

18 (4) Section 12306 is amended by striking out

19 ‘‘section 672’’ in subsection (a) and inserting in lieu

20 thereof ‘‘section 12301’’.

21 (5) Section 12307 is amended by striking out

22 ‘‘section 672(a) or 688’’, ‘‘section 1001(b)’’, and

23 ‘‘chapter 67’’ and inserting in lieu thereof ‘‘section

24 688 or 12301(a)’’, ‘‘section 12641(b)’’, and ‘‘chapter

25 1223’’, respectively.
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1 (6) Section 12308 is amended by striking out

2 ‘‘chapter 67’’ and ‘‘section 1332(b)’’ and inserting

3 in lieu thereof ‘‘chapter 1223’’ and ‘‘section

4 12732(b)’’, respectively.

5 (7) Section 12310 is amended by striking out

6 ‘‘section 672(d)’’ in subsection (a) and inserting in

7 lieu thereof ‘‘section 12301(d)’’.

8 (8) Section 12312 is amended by striking out

9 ‘‘section 679(a)’’ in subsections (a) and (b) and in10 serting in lieu thereof ‘‘section 12311(a)’’.

11 (9) Section 12318 is amended—

12 (A) by striking out ‘‘section 673 or 673b’’

13 in subsections (a) and (b) and inserting in lieu

14 thereof ‘‘section 12302 or 12304’’; and

15 (B) by striking out ‘‘section 678’’ in sub16 section (b) and inserting in lieu thereof ‘‘section

17 12310’’.

18 (10) Section 12319(d) is amended by striking

19 out ‘‘chapter 67’’ and inserting in lieu thereof

20 ‘‘chapter 1223’’.

21 (11) Section 12320 is amended by striking out

22 ‘‘section 3353, 5600, or 8353’’ and inserting in lieu

23 thereof ‘‘section 12207’’.
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1 (d) CHAPTER 1219.—Sections of chapter 1219 (as

2 transferred and redesignated by section 302(h)) are

3 amended as follows:

4 (1) Section 12642 is amended—

5 (A) by striking out ‘‘section 1332(a)(2)’’ in

6 subsection (a) and inserting in lieu thereof

7 ‘‘section 12732(a)(2)’’; and

8 (B) by striking out ‘‘section 1005’’ in sub9 section (b) and inserting in lieu thereof ‘‘section

10 12645’’.

11 (2) Section 12645 is amended by striking out

12 ‘‘chapter 337, 361, 363, 573, 837, 861, or 863’’ in

13 subsection (a) and inserting in lieu thereof ‘‘chapter

14 573, 1407, 1409, or 1411’’.

15 (3) Section 12646 is amended—

16 (A) by striking out ‘‘section 1332’’ each

17 place it appears in subsections (a) and (b) and

18 inserting in lieu thereof ‘‘section 12732’’;

19 (B) by striking out ‘‘chapter 337, 361,

20 363, 573, 837, 861, or 863’’ in subsections (a)

21 and (b) and inserting in lieu thereof ‘‘chapter

22 573, 1407, or 1409’’; and

23 (C) by striking out subsection (e) and in24 serting in lieu thereof the following:
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1 ‘‘(e)(1) A reserve commissioned officer on active duty

2 (other than for training) or full-time National Guard duty

3 (other than full-time National Guard duty for training

4 only) who, on the date on which the officer would other5 wise be removed from an active status under section 6389,

6 14513, or 14514 of this title or section 740 of title 14,

7 is within two years of qualifying for retirement under sec8 tion 3911, 6323, or 8911 of this title may, in the discre9 tion of the Secretary concerned and subject to paragraph

10 (2), be retained on that duty for a period of not more

11 than two years.

12 ‘‘(2) An officer may be retained on active duty or full13 time National Guard duty under paragraph (1) only if—

14 ‘‘(A) at the end of the period for which the offi15 cer is retained the officer will be qualified for retire16 ment under section 3911, 6323, or 8911 of this title;

17 and

18 ‘‘(B) the officer will not, before the end of that

19 period, reach the age at which transfer from an ac20 tive status or discharge is required by this title or

21 title 14.

22 ‘‘(3) An officer who is retained on active duty or full23 time National Guard duty under this section may not be

24 removed from an active status while on that duty.’’.
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1 (4) Section 12647 is amended by striking out

2 ‘‘chapters 337, 363, 573, 837, and 863’’ and insert3 ing in lieu thereof ‘‘chapters 573, 1407, and 1409’’.

4 SEC. 406. AMENDMENTS TO TITLES 32 AND 37, UNITED

5 STATES CODE.

6 (a) TITLE 32, UNITED STATES CODE.—Title 32,

7 United States Code, is amended as follows:

8 (1) Section 107(c) is amended by striking out

9 ‘‘section 3496 or 8496’’ and inserting in lieu thereof

10 ‘‘section 12402’’.

11 (2) Section 307(a)(3) is amended by striking

12 out ‘‘and sections 8365 and 8366 of title 10’’.

13 (3) Section 323(c) is amended by striking out

14 ‘‘section 3259, 3352(a), 8259, or 8352(a)’’ and in15 serting in lieu thereof ‘‘section 12105, 12213(a), or

16 12214(a)’’.

17 (4) The items relating to sections 309 and 310

18 in the table of sections at the beginning of chapter

19 3 are amended to read as follows:

‘‘309. Federal recognition of National Guard officers: officers promoted to fill

vacancies.

‘‘310. Federal recognition of National Guard officers: automatic recognition.’’.

20 (b) TITLE 37, UNITED STATES CODE.—Title 37,

21 United States Code, is amended as follows:

22 (1) Section 204(a)(2) is amended by striking

23 out ‘‘section 3021, 3496, 3541, 8021, 8496, or
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1 8541’’ and inserting in lieu thereof ‘‘section 10302,

2 10305, 10502, or 12402’’.

3 (2) Section 205(e)(2) is amended—

4 (A) by striking out ‘‘section 511(b) or

5 511(d)’’ in subparagraph (A) and inserting in

6 lieu thereof ‘‘section 12103(b) or 12103(d)’’;

7 and

8 (B) by striking out ‘‘chapter 39’’ in sub9 paragraph (B) and inserting in lieu thereof

10 ‘‘chapter 1209’’.

11 (3) Section 905 is amended—

12 (A) by striking out ‘‘chapter 549’’ in sub13 section (a) and inserting in lieu thereof ‘‘chap14 ter 1405’’; and

15 (B) by striking out ‘‘section 5908’’ in sub16 section (b) and inserting in lieu thereof ‘‘section

17 14308(b)’’.

18 SEC. 407. AMENDMENTS TO OTHER LAWS.

19 (a) TITLE 5, UNITED STATES CODE.—Title 5, Unit20 ed States Code, is amended as follows:

21 (1) Section 5517(d)(2) is amended by striking

22 out ‘‘section 270(a) of title 10’’ and inserting in lieu

23 thereof ‘‘section 10147 of title 10’’

24 (2) Section 6323(b) is amended—
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1 (A) in paragraph (1), by striking out ‘‘sec2 tion 261 of title 10’’ and inserting in lieu there3 of ‘‘section 10101 of title 10’’.

4 (B) in paragraph (2)(A), by striking out

5 ‘‘3500, or 8500 of title 10’’ and inserting in

6 lieu thereof ‘‘or 12406 of title 10’’.

7 (3) Sections 8332(c)(2)(B) and 8411(c)(2)(B)

8 are amended by striking out ‘‘chapter 67 of title 10’’

9 and inserting in lieu thereof ‘‘chapter 1223 of title

10 10 (or under chapter 67 of that title as in effect be11 fore the effective date of the Reserve Officer Person12 nel Management Act)’’.

13 (4) Sections 8401(30) and 8456(a)(1)(A) are

14 amended by striking out ‘‘section 261(a) of title 10’’

15 and inserting in lieu thereof ‘‘section 10101 of title

16 10’’.

17 (b) TITLE 14, UNITED STATES CODE.—Title 14,

18 United States Code, is amended as follows:

19 (1) Section 41a(a) is amended by striking out

20 ‘‘section 679 of title 10’’ and inserting in lieu there21 of ‘‘section 12311 of title 10’’.

22 (2) Section 271(e) is amended by striking out

23 ‘‘section 593 of title 10’’ and inserting in lieu there24 of ‘‘section 12203 of title 10’’.
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1 (3) Section 712(c)(1) is amended by striking

2 out ‘‘section 270 of title 10’’ and inserting in lieu

3 thereof ‘‘section 10147 of title 10’’.

4 (4) Section 713 is amended by striking out

5 ‘‘section 511(d) of title 10’’ and inserting in lieu

6 thereof ‘‘section 12103(d) of title 10’’.

7 (5) Sections 740(c) and 741(b) are amended by

8 striking out ‘‘section 1006 of title 10’’ and inserting

9 in lieu thereof ‘‘section 12646 of title 10’’.

10 (c) INTERNAL REVENUE CODE OF 1986.—Section

11 219(g)(6)(A) of the Internal Revenue Code of 1986 is

12 amended by striking out ‘‘section 261(a) of title 10’’ and

13 inserting in lieu thereof ‘‘section 10101 of title 10’’.

14 (d) TITLE 38, UNITED STATES CODE.—Title 38,

15 United States Code, is amended as follows:

16 (1) Sections 1965(5)(B), 1965(5)(C), and

17 1968(a)(4)(B) are amended by striking out ‘‘chapter

18 67 of title 10’’ and inserting in lieu thereof ‘‘chapter

19 1223 of title 10 (or under chapter 67 of that title

20 as in effect before the effective date of the Reserve

21 Officer Personnel Management Act)’’.

22 (2) Section 3002 is amended—

23 (A) in paragraph (4), by striking out ‘‘sec24 tion 268(b) of title 10’’ and inserting in lieu

25 thereof ‘‘section 10143(a) of title 10’’; and
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1 (B) in paragraph (6), by striking out ‘‘sec2 tion 511(d) of title 10’’ and inserting in lieu

3 thereof ‘‘section 12103(d) of title 10’’.

4 (e) PUBLIC LAW 99–661.—Section 403(b)(1) of Pub5 lic Law 99–661 (10 U.S.C. 521 note) is amended—

6 (1) in subparagraph (B), by striking out ‘‘sec7 tion 265’’ and all that follows through ‘‘of title 10’’

8 and inserting in lieu thereof ‘‘section 10148(a),

9 10211, 10302 through 10305, 12301(a), or 12402

10 of title 10’’;

11 (2) in subparagraph (C), by striking out ‘‘sec12 tion 672(d)’’ and inserting in lieu thereof ‘‘section

13 12301(d)’’; and

14 (3) in subparagraph (E), by striking out ‘‘sec15 tion 673b’’ and inserting in lieu thereof ‘‘section

16 12304’’.

17 (f) MILITARY SELECTIVE SERVICE ACT.—Section 6

18 of the Military Selective Service Act (50 U.S.C. App. 456)

19 is amended—

20 (1) in subsection (c)(2)(A), by striking out

21 ‘‘section 270 of title 10’’ and inserting in lieu there22 of ‘‘section 10147 of title 10’’;

23 (2) in subsection (c)(2)(D), by striking out

24 ‘‘section 511(b) of title 10’’ and inserting in lieu

25 thereof ‘‘section 12103 of title 10’’; and
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1 (3) in subsection (d)(1), by striking out ‘‘sec2 tion 270(a) of title 10’’ and inserting in lieu thereof

3 ‘‘section 10147 of title 10’’.

4 TITLE V—TRANSITION PROVISIONS

5 SEC. 501. CONTINUATION ON THE RESERVE ACTIVE–STA6 TUS LIST OF CERTAIN RESERVE COLONELS

7 OF THE ARMY AND AIR FORCE.

8 (a) CONTINUATION UNDER OLD LAW.—Except as

9 provided in subsection (b), a reserve officer of the Army

10 or the Air Force who, on the effective date of this Act—

11 (1) is subject to placement on the reserve

12 active-status list of the Army or the Air Force; and

13 (2)(A) holds the reserve grade of colonel, (B) is

14 on a list of officers recommended for promotion to

15 the reserve grade of colonel, or (C) has been nomi16 nated by the President for appointment in the re17 serve grade of colonel,

18 shall continue to be subject to mandatory transfer to the

19 Retired Reserve or discharge from the officer’s reserve ap20 pointment under section 3851 or 8851 of title 10, United

21 States Code, as in effect on the day before the effective

22 date of this Act.

23 (b) EXEMPTION.—This section does not apply to an

24 officer who is—
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1 (1) sooner transferred from an active status or

2 discharged under some other provision of law;

3 (2) promoted to a higher grade, unless the offi4 cer was on a list of officers recommended for pro5 motion to the reserve grade of colonel before the

6 effective date of this Act; or

7 (3) continued on the reserve active-status list

8 under section 14701 of title 10, United States Code,

9 as added by this Act.

10 SEC. 502. EFFECTS OF SELECTION FOR PROMOTION AND

11 FAILURE OF SELECTION FOR ARMY AND AIR

12 FORCE OFFICERS.

13 (a) PROMOTIONS TO FILL VACANCIES.—A reserve

14 commissioned officer of the Army or Air Force (other than

15 a commissioned warrant officer) who, on the day before

16 the effective date of this Act, is recommended for pro17 motion to fill a vacancy in the Army Reserve or the Air

18 Force Reserve under section 3383, 3384, 8372, or 8373

19 of title 10, United States Code, as in effect on the day

20 before the effective date of this Act, in the next higher

21 reserve grade shall be considered to have been rec22 ommended for promotion to that grade by a vacancy

23 promotion board under section 14101(a)(2) of title 10,

24 United States Code, as added by this Act.
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1 (b) PROMOTIONS OTHER THAN TO FILL VACAN2 CIES.—A reserve officer of the Army or Air Force who,

3 on the day before the effective date of this Act, is rec4 ommended for promotion under section 3366, 3367, 3370,

5 3371, 8366, or 8371 of title 10, United States Code, as

6 in effect on the day before the effective date of this Act,

7 to a reserve grade higher than the grade in which the offi8 cer is serving shall be considered to have been rec9 ommended for promotion by a mandatory promotion board

10 convened under section 14101(a)(1) of title 10, United

11 States Code, as added by this Act.

12 (c) OFFICERS FOUND QUALIFIED FOR PROMOTION

13 TO FIRST LIEUTENANT.—A reserve officer of the Army

14 or Air Force who, on the effective date of the Act, holds

15 the grade of second lieutenant and has been found quali16 fied for promotion to the grade of first lieutenant in ac17 cordance with section 3365, 3382, or 8365 of title 10,

18 United States Code, as in effect on the day before the ef19 fective date of this Act, shall be promoted to that grade

20 on the date on which the officer would have been promoted

21 under the provisions of chapter 337 or 837 of such title,

22 as in effect on the day before the effective date of the

23 Act, unless sooner promoted under regulations prescribed

24 by the Secretary of the Army or the Secretary of the Air
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1 Force under section 14308(b) of title 10, United States

2 Code, as added by this Act.

3 (d) OFFICERS ONCE FAILED OF SELECTION.—(1) A

4 reserve officer of the Army in the grade of first lieutenant,

5 captain, or major who, on the day before the effective date

6 of this Act, has been considered once but not rec7 ommended for promotion to the next higher reserve grade

8 under section 3366 or 3367 of title 10, United States

9 Code, or a reserve officer of the Air Force in the grade

10 of first lieutenant, captain, or major who, on the day be11 fore the effective date of this Act, is a deferred officer

12 within the meaning of section 8368 of such title, shall be

13 considered to have been considered once but not selected

14 for promotion by a board convened under section

15 14101(a)(1) of title 10, United States Code, as added by

16 this Act. If the officer is later considered for promotion

17 by a selection board convened under that section and is

18 not selected for promotion (or is selected for promotion

19 but declines to accept the promotion), the officer shall be

20 considered for all purposes to have twice failed of selec21 tion for promotion.

22 (2) In the case of a reserve officer of the Army or

23 Air Force in an active status who, on the day before the

24 effective date of this Act, is in the grade of first lieutenant,

25 captain, or major and whose name has been removed,
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1 under the provisions of section 3363(f) of title 10, United

2 States Code, from a list of officers recommended for pro3 motion or who has previously not been promoted because

4 the President declined to appoint the officer in the next

5 higher grade under section 8377 of such title as in effect

6 on the day before the effective date of the Act, or whose

7 name was removed from a list of officers recommended

8 for promotion to the next higher grade because the Senate

9 did not consent to the officer’s appointment, if the officer

10 is later considered for promotion by a selection board con11 vened by section 14101(a)(1) of title 10, United States

12 Code, as added by this Act, and (A) is not selected for

13 promotion, (B) is selected for promotion but removed from

14 the list of officers recommended or approved for pro15 motion, or (C) is selected for promotion but declines to

16 accept the promotion, the officer shall be considered for

17 all purposes to have twice failed of selection for promotion.

18 (e) OFFICERS TWICE FAILED OF SELECTION.—A re19 serve officer of the Army or Air Force in an active status

20 who, on the day before the effective date of this Act, is

21 in the grade of first lieutenant, captain, or major and on

22 that date is subject to be treated as prescribed in section

23 3846 or 8846 of title 10, United States Code, shall con24 tinue to be governed by that section as in effect on the

25 day before the effective date of this Act.
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1 (f) OFFICERS WITH APPROVED PROMOTION DEC2 LINATIONS IN EFFECT.—A reserve officer of the Army

3 who, on the day before the effective date of this Act, has

4 declined a promotion under subsection (f) or (g) of section

5 3364 of title 10, United States Code, shall while carried

6 on the reserve active status list be subject to the provisions

7 of subsections (h), (i), and (j) of such section, as in effect

8 on the day before the effective date of the Act, except that

9 the name of an officer to whom this section applies shall

10 be placed on a promotion list under section 14308(a) of

11 title 10, United States Code (as added by this Act), and,

12 at the end of the approved period of declination, shall be

13 considered to have failed of promotion if the officer

14 again declines to accept the promotion.

15 (g) COVERED OFFICERS.—This section applies to re16 serve officers of the Army and Air Force who—

17 (1) on the day before the effective date of this

18 Act are in an active status; and

19 (2) on the effective date of this Act are subject

20 to placement on the reserve active-status list of the

21 Army or the Air Force.
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1 SEC. 503. EFFECTS OF SELECTION FOR PROMOTION AND

2 FAILURE OF SELECTION FOR NAVY AND MA3 RINE CORPS OFFICERS.

4 (a) RECOMMENDATIONS FOR PROMOTION.—An offi5 cer covered by this section who, on the day before the ef6 fective date of the Act, has been recommended for pro7 motion to a reserve grade higher than the grade in which

8 the officer is serving shall be considered to have been rec9 ommended for promotion to that grade under section

10 14101(a) of title 10, United States Code, as added by this

11 Act.

12 (b) FAILURES OF SELECTION.—An officer covered by

13 this section who, on the day before the effective date of

14 this Act is considered to have failed of selection for pro15 motion one or more times under chapter 549 of title 10,

16 United States Code, to a grade below captain, in the case

17 of a reserve officer of the Navy, or to a grade below colo18 nel, in the case of a reserve officer of the Marine Corps,

19 shall be subject to chapters 1405 and 1407 of title 10,

20 United States Code, as added by this Act, as if such fail21 ure or failures had occurred under the provisions of those

22 chapters.

23 (c) OFFICERS OTHER THAN COVERED OFFICERS

24 RECOMMENDED FOR PROMOTION.—A reserve officer of

25 the Navy or Marine Corps who on the day before the effec26 tive date of this Act (1) has been recommended for pro-
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1 motion in the approved report of a selection board con2 vened under chapter 549 of title 10, United States Code,

3 and (2) was on the active-duty list of the Navy or Marine

4 Corps may be promoted under that chapter, as in effect

5 on the day before the effective date of this Act.

6 (d) OFFICERS FOUND QUALIFIED FOR PROMOTION

7 TO LIEUTENANT (JUNIOR GRADE) OR FIRST LIEUTEN8 ANT.—A covered officer who, on the effective date of this

9 Act, holds the grade of second lieutenant and has been

10 found qualified for promotion in accordance with section

11 5908 or 5910 of title 10, United States Code, as in effect

12 on the day before the effective date of this Act, shall be

13 promoted on the date on which the officer would have been

14 promoted under the provisions of chapter 549 of such title,

15 as in effect on the day before the effective date of the

16 Act, unless sooner promoted under regulations prescribed

17 by the Secretary of the Navy under section 14307(b) of

18 such title, as added by this Act.

19 (e) OFFICERS WHOSE NAMES HAVE BEEN OMITTED

20 FROM A LIST FURNISHED TO A SELECTION BOARD.—A

21 covered officer whose name, as of the effective date of this

22 Act, had been omitted by administrative error from the

23 list of officers furnished the most recent selection board

24 to consider officers of the same grade and component,

25 shall be considered by a special selection board established
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1 under section 14502 of title 10, United States Code, as

2 added by this Act. If the officer is selected for promotion

3 by that board, the officer shall be promoted as specified

4 in section 5904 of title 10, United States Code, as in effect

5 on the day before the effective date of this Act.

6 (f) COVERED OFFICERS.—Except as provided in sub7 section (c), this section applies to any reserve officer of

8 the Navy or Marine Corps who (1) before the effective

9 date of this Act is in an active status, and (2) on the effec10 tive date of this Act is subject to placement on the reserve

11 active-status list of the Navy or Marine Corps.

12 SEC. 504. DELAYS IN PROMOTIONS AND REMOVALS FROM

13 PROMOTION LIST.

14 (a) DELAYS IN PROMOTIONS.—(1) A delay in a pro15 motion that is in effect on the day before the effective date

16 of this Act under the laws and regulations in effect on

17 that date shall continue in effect on and after that date

18 as if the promotion had been delayed under section 14311

19 of title 10, United States Code, as added by this Act.

20 (2) The delay of the promotion of a reserve officer

21 of the Army or the Air Force which was in effect solely

22 to achieve compliance with limitations set out in section

23 524 of title 10, United States Code or with regulations

24 prescribed by the Secretary of Defense with respect to sec25 tions 3380(c) and 8380(c) of title 10, United States Code,
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1 as in effect on the day before the effective date of this

2 Act, shall continue in effect as if the promotion had been

3 delayed under section 14311(e) of such title, as added by

4 this Act.

5 (b) REMOVALS FROM LIST.—An action that was ini6 tiated before the effective date of this Act under the laws

7 and regulations in effect before that date to remove the

8 name of an officer from a promotion list or from a list

9 of officers recommended or approved for promotion shall

10 continue on and after such date as if such action had been

11 initiated under section 14110(d) or 14310, as appropriate,

12 of title 10, United States Code, as added by this Act.

13 SEC. 505. MINIMUM SERVICE QUALIFICATIONS FOR PRO14 MOTION.

15 During the five-year period beginning on the effective

16 date of this Act, the Secretary of the Army and the Sec17 retary of the Air Force may waive the provisions of section

18 14304 of title 10, United States Code, as added by this

19 Act. The Secretary may, in addition, during any period

20 in which such a waiver is in effect, establish minimum pe21 riods of total years of commissioned service an officer

22 must have served to be eligible for consideration for pro23 motion to the grade of captain, major, or lieutenant colo24 nel by boards convened under section 14101(a) of title 10,

25 United States Code, as added by this Act.
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1 SEC. 506. ESTABLISHMENT OF RESERVE ACTIVE-STATUS

2 LIST.

3 (a) SIX-MONTH DEADLINE.—Not later than six

4 months after the effective date of this Act, the Secretary

5 of the military department concerned shall ensure that—

6 (1) all officers of the Army, Navy, Air Force,

7 and Marine Corps who are required to be placed on

8 the reserve active-status list of their Armed Force

9 under section 14002 of title 10, United States Code,

10 as added by this Act, shall be placed on the list for

11 their armed force and in their competitive category;

12 and

13 (2) the relative seniority of those officers on

14 each such list shall be established.

15 (b) REGULATIONS.—The Secretary concerned shall

16 prescribe regulations for the establishment of relative se17 niority. The Secretary of the Army and the Secretary of

18 the Air Force shall, in prescribing such regulations, pro19 vide for the consideration of both promotion service estab20 lished under section 3360(b) or 8360(e) of title 10, United

21 States Code, as in effect on the day before the effective

22 date of this Act, and total commissioned service estab23 lished under section 3360(c) or 8366(e) of such title, as

24 in effect on the day before the effective date of this Act.

25 An officer placed on a reserve active-status list in accord-
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1 ance with this section shall be considered to have been on

2 the list as of the effective date of this Act.

3 SEC. 507. PRESERVATION OF RELATIVE SENIORITY UNDER

4 THE INITIAL ESTABLISHMENT OF THE RE5 SERVE ACTIVE-STATUS LIST.

6 In order to maintain the relative seniority among re7 serve officers of the Army, Navy, Air Force, or Marine

8 Corps as determined under section 506 of this Act, the

9 Secretary of the military department concerned may, dur10 ing the one-year period beginning on the effective date of

11 this Act, adjust the date of rank of any reserve officer

12 of such Armed Force who was in an active status but not

13 on the active-duty list on such effective date.

14 SEC. 508. GRADE ON TRANSFER TO THE RETIRED RESERVE.

15 In determining the highest grade held satisfactorily

16 by a person at any time in the Armed Forces for the pur17 poses of paragraph (2) of section 1406(b) of title 10, Unit18 ed States Code, as added by this Act, the requirement for

19 satisfactory service on the reserve active-status list con20 tained in section 1370(d) of title 10, United States Code,

21 as added by this Act, shall apply only to reserve commis22 sioned officers who are promoted to a higher grade as a

23 result of selection for promotion under chapter 36 of that

24 title or under chapter 1405 of that title, as added by this

25 Act, or having been found qualified for Federal recognition
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1 in a higher grade under chapter 3 of title 32, United

2 States Code, after the effective date of this Act.

3 SEC. 509. RIGHTS FOR OFFICERS WITH OVER THREE YEARS

4 SERVICE.

5 A reserve officer of the Army, Navy, Air Force, or

6 Marine Corps who was in an active status on the day be7 fore the effective date of this Act and who was subject

8 to placement of the reserve active-status list on the effec9 tive date of this Act may not be discharged under section

10 14503 of title 10, United States Code, as added by this

11 Act, until on or after the day on which that officer com12 pletes three years of continuous service as a reserve com13 missioned officer.

14 SEC. 510. MANDATORY SEPARATION FOR AGE FOR CERTAIN

15 RESERVE OFFICERS OF THE NAVY AND MA16 RINE CORPS.

17 (a) SAVINGS PROVISIONS FOR REQUIRED SEPARA18 TION AGE.—A reserve officer of the Navy or the Marine

19 Corps—

20 (1) who—

21 (A) on the effective date of this Act is in

22 an active status, and

23 (B) on the day before the effective date of

24 this Act was an officer described in section
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1 6389(e), 6397(a), 6403(a), or 6403(b) of title

2 10, United States Code; and

3 (2) who, on or after the effective date of this

4 Act is subject to elimination from an active status

5 under any provision of such title,

6 is entitled to be treated as that officer would have been

7 treated under section 6397 or 6403 as applicable, as in

8 effect on the day before the effective date of this Act, if

9 that treatment would result in the date for the officer’s

10 separation from an active status being a later date than

11 the date established under the law in effect on or after

12 the effective date of this Act.

13 (b) SAVINGS PROVISIONS FOR MANDATORY SEPARA14 TION FOR AGE.—An officer who was initially appointed

15 in the Naval Reserve or the Marine Corps Reserve before

16 January 1, 1953, and who cannot complete 20 years of

17 service computed under section 12732 of this title before

18 he becomes 62 years of age, but can complete this service

19 by the time he becomes 64 years of age, may be retained

20 in an active status not later than the date he becomes 64

21 years of age.

22 (c) An officer who was initially appointed in the

23 Naval Reserve or the Marine Corps Reserve before the ef24 fective date of this Act, and who cannot complete 20 years

25 of service computed under section 12732 of this title be-
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1 fore he becomes 60 years of age, but can complete this

2 service by the time he becomes 62 years of age, may be

3 retained in an active status not later than the date he be4 comes 62 years of age.

5 TITLE VI—EFFECTIVE DATES AND

6 GENERAL SAVINGS PROVISIONS

7 SEC. 601. EFFECTIVE DATE.

8 (a) EFFECTIVE DATE FOR AMENDMENTS.—The

9 amendments made by this Act shall take effect on the date

10 of the enactment of this Act.

11 (b) EFFECTIVE DATE FOR NEW RESERVE OFFICER

12 PERSONNEL POLICIES.—(1) The provisions of part III of

13 subtitle E of title 10, United States Code, as added by

14 section 101, shall become effective on the first day of the

15 ninth month that begins after the date of the enactment

16 of this Act.

17 (2) Any reference in title V of this Act to the effective

18 date of this Act is a reference to the effective date pre19 scribed in paragraph (1).

20 (3) The personnel policies applicable to Reserve offi21 cers under the provisions of law in effect on the day before

22 the date of the enactment of this Act and replaced by the

23 Reserve officer personnel policies prescribed in part III of

24 subtitle E of title 10, United States Code, as added by

25 section 101, shall, notwithstanding the provisions of sub-
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1 section (a), continue in effect until the effective date pre2 scribed in paragraph (1).

3 (4) The authority to prescribe regulations under the

4 provisions of part III of subtitle E of title 10, United

5 States Code, as added by section 101, shall take effect

6 on the date of the enactment of this Act.

7 SEC. 602. PRESERVATION OF SUSPENDED STATUS OF LAWS

8 SUSPENDED AS OF EFFECTIVE DATE.

9 If a provision of law that is in a suspended status

10 on the day before the effective date of this Act is trans11 ferred or amended by this Act, the suspended status of

12 that provision is not affected by that transfer or amend13 ment.

14 SEC. 603. PRESERVATION OF PRE-EXISTING RIGHTS, DU15 TIES, PENALTIES, AND PROCEEDINGS.

16 Except as otherwise provided in this Act, the provi17 sions of this Act and the amendments made by this Act

18 do not affect rights and duties that matured, penalties

19 that were incurred, or proceedings that were begun before

20 the effective date of this Act.

Passed the House of Representatives May 11, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.

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