220
2235 ..................................................................................
18235
2236 ..................................................................................
18236
2237 ..................................................................................
18237
2238 ..................................................................................
18238
2239 ..................................................................................
18239
(3) The items in the table of sections at the beginning
of such chapter are revised to reflect the redesignations
made by paragraph (2).
(4) Section 18233 (as redesignated by paragraph (2))
is amended by striking out ‘‘sections 2233a, 2234, 2235,
2236, and 2238’’ in subsection (a) and inserting in lieu
thereof ‘‘sections 18233a, 18234, 18235, 18236, and
18238’’.
(5) Section 18233a (as redesignated by paragraph
(2)) is amended—
(A) in subsection (a), by striking out ‘‘section
2233’’ and inserting in lieu thereof ‘‘section 18233’’;
and
(B) in subsection (b), by striking out ‘‘section
2233(a)’’ and inserting in lieu thereof ‘‘section
18233(a)’’.
(6) Section 18234 (as redesignated by paragraph (2))
is amended by striking out ‘‘section 2233’’ and inserting
in lieu thereof ‘‘section 18233’’.
(7) Section 18235 (as redesignated by paragraph (2))
is amended by striking out ‘‘section 2233(a)(1)’’ in sub-
section (a)(1) and inserting in lieu thereof ‘‘section
18233’’.
221
(8) Section 18236 (as redesignated by paragraph (2))
is amended—
(A) in subsection (a)—
(i) by striking out ‘‘section 2233’’ in the
first sentence and inserting in lieu thereof ‘‘sec-
tion 18233’’; and
(ii) by striking out ‘‘section 2233(a)(3) or
(4)’’ in the second sentence and inserting in
lieu thereof ‘‘paragraph (3) or (4) of section
18233(a)’’;
(B) in subsection (b)—
(i) by striking out ‘‘clause (4) or (5) of
section 2233(a)’’ in the matter preceding para-
graph (1) and inserting in lieu thereof ‘‘para-
graph (4) or (5) of section 18233(a)’’; and
(ii) by striking out ‘‘section 2233(e)’’ in
paragraph (2) and inserting in lieu thereof
‘‘section 18233(e)’’; and
(C) in subsection (c), by striking out ‘‘section
2233’’ and inserting in lieu thereof ‘‘section 18233’’.
(9) Section 18237 (as redesignated by paragraph (2))
is amended—
(A) in subsection (a), by striking out ‘‘section
2233(a)(2), (3) and (4)’’ and inserting in lieu there-
222
of ‘‘paragraph (2), (3), or (4) of section 18233(a)’’;
and
(B) in subsection (b), by striking out ‘‘section
2233(a)(2), (3) or (4)’’ and inserting in lieu thereof
‘‘paragraph (2), (3), or (4) of section 18233(a)’’.
(10) Section 18239 (as redesignated by paragraph
(2)) is amended by striking out ‘‘section 2233’’ both places
it appears and inserting in lieu thereof ‘‘section 18233’’.
(11) Part IV of subtitle A is amended by inserting
after chapter 131 the following:
‘‘CHAPTER 133—FACILITIES FOR RESERVE
COMPONENTS
‘‘Sec.
‘‘2231. Reference to chapter 1803.
‘‘§ 2231. Reference to chapter 1803
‘‘Provisions of law relating to facilities for reserve
components are set forth in chapter 1803 of this title
(beginning with section 18231).’’.
(c) MISCELLANEOUS PROVISIONS.—(1) Part V of
subtitle E, as added by subsection (a), is amended by add-
ing after chapter 1803, as transferred by subsection
(b), the following:
‘‘CHAPTER 1805—MISCELLANEOUS PROVISIONS
‘‘Sec.
‘‘18501. Reserve components: personnel and logistic support by military depart-
ments.
‘‘18502. Reserve components: supplies, services, and facilities.
223
‘‘§ 18501. Reserve components: personnel and logistic
support by military departments
‘‘The Secretary concerned is responsible for providing
the personnel, equipment, facilities, and other general lo-
gistic support necessary to enable units and Reserves in
the Ready Reserve of the reserve components under his
jurisdiction to satisfy the training requirements and mobi-
lization readiness requirements for those units and Re-
serves as recommended by the Secretary concerned and
by the Chairman of the Joint Chiefs of Staff and approved
by the Secretary of Defense, and as recommended by the
Commandant of the Coast Guard and approved by the
Secretary of Transportation when the Coast Guard is not
operated as a service of the Navy.
‘‘§ 18502. Reserve components: supplies, services, and
facilities
‘‘(a) The Secretary concerned shall make available to
the reserve components under his jurisdiction the supplies,
services, and facilities of the armed forces under his juris-
diction that he considers necessary to support and develop
those components.
‘‘(b) Whenever he finds it to be in the best interest
of the United States, the Secretary concerned may issue
supplies of the armed forces under his jurisdiction to the
reserve components under his jurisdiction, without charge
224
to the appropriations for those components for the cost
or value of the supplies or for any related expense.
‘‘(c) Whenever he finds it to be in the best interest
of the United States, the Secretary of the Army or the
Secretary of the Air Force may issue to the Army National
Guard or the Air National Guard, as the case may be,
supplies of the armed forces under his jurisdiction that
are in addition to supplies issued to that National Guard
under section 702 of title 32 or charged against its appro-
priations under section 106 or 107 of title 32, without
charge to the appropriations for those components for the
cost or value of the supplies or for any related expense.
‘‘(d) Supplies issued under subsection (b) or (c) may
be repossessed or redistributed as prescribed by the
Secretary concerned.’’.
(2) Section 2540 is repealed.
SEC. 305. LEGISLATIVE CONSTRUCTION.
(a) REFERENCES TO TRANSFERRED OR REPLACED
PROVISIONS.—A reference to a provision of title 10, Unit-
ed States Code, transferred or replaced by the provisions
of sections 301 through 304 (including a reference in a
regulation, order, or other law) shall be treated as refer-
ring to that provision as transferred or to the correspond-
ing provision as so enacted by this title.
225
(b) SAVINGS PROVISION FOR REGULATIONS.—A reg-
ulation, rule, or order in effect under a provision of title
10, United States Code, replaced by a provision of that
title enacted by sections 301 through 304 shall continue
in effect under the corresponding provision so enacted
until repealed, amended, or superseded.
(c) GENERAL
SAVINGS
PROVISION.—An action
taken, or a right that matured, under a provision of title
10, United States Code, replaced by a provision of that
title enacted by sections 301 through 304 shall be treated
as having been taken, or having matured, under the cor-
responding provision so enacted.
TITLE IV—TECHNICAL AND CLERICAL
AMENDMENTS
SEC. 401. AMENDMENTS TO SUBTITLE A OF TITLE 10, UNIT-
ED STATES CODE.
(a) TABLE OF SUBTITLES.—The table of subtitles
preceding subtitle A is amended by adding at the end the
following new item:
‘‘E. Reserve Components ................................................................10001’’.
(b) TABLES OF SECTIONS.—
(1) The table of sections at the beginning of
chapter 2 is amended by striking out the item relat-
ing to section 115b.
(2) The table of sections at the beginning of
chapter 3 is amended by striking out the item relat-
226
ing to section 123 and inserting in lieu thereof the
following:
‘‘123. Authority to suspend officer personnel laws during war or national emer-
gency.’’.
(3) The table of sections at the beginning of
chapter 31 is amended by striking out the items re-
lating to sections 510, 511, 512, and 517.
(4) The table of sections at the beginning of
chapter 32 is amended—
(A) by striking out the item relating to
section 524; and
(B) by striking out ‘‘524,’’ in the item re-
lating to section 527.
(5) The table of sections at the beginning of
subchapter V of chapter 36 is amended by striking
out the item relating to section 644.
(6) The table of sections at the beginning of
chapter 37 is amended by striking out the item re-
lating to section 652.
(7) The table of sections at the beginning of
chapter 39 is amended—
(A) by striking out the item relating to
section 672 and inserting in lieu thereof the
following:
‘‘672. Reference to chapter 1209.’’;
and
227
(B) by striking out the items relating to
section 673 through 686 and section 689.
(8) The table of sections at the beginning of
chapter 41 is amended by striking out the item re-
lating to section 715.
(9) The table of sections at the beginning of
chapter 53 is amended by striking out the item re-
lating to section 1033.
(10) The table of sections at the beginning of
chapter 59 is amended by striking out the items re-
lating to sections 1162 and 1163.
(11) The table of sections at the beginning of
chapter 69 is amended—
(A) by striking out the item relating to
section 1374; and
(B) by striking out the item relating to
section 1376 and inserting in lieu thereof the
following:
‘‘1376. Temporary disability retired lists.’’.
(12) The table of sections at the beginning of
chapter 101 is amended by striking out the item re-
lating to section 2001.
(13) The table of sections at the beginning of
chapter 109 is amended by striking out the items re-
228
lating to sections 2171 and 2172 and inserting in
lieu thereof the following:
‘‘2171. Education loan repayment program: enlisted members on active duty in
specified military specialties.’’.
(14) The table of sections at the beginning of
subchapter I of chapter 152 is amended by striking
out the item relating to section 2540.
(c) CROSS-REFERENCE AMENDMENTS—
(1) Section 101(a)(13) is amended by striking
out ‘‘672(a), 673, 673b, 673c, 688, 3500, or 8500’’
and inserting in lieu thereof ‘‘688, 12301(a), 12302,
12304, 12305, or 12406’’.
(2) Section 113(c)(3) is amended by striking
out ‘‘chapters 51, 337, 361, 363, 549, 573, 837,
861, and 863 of this title, as far as they apply to
reserve officers’’ and inserting in lieu thereof ‘‘chap-
ters 1219 and 1401 through 1411 of this title ’’.
(3) Section 523(b)(1) is amended—
(A) in subparagraph (B), by striking out
‘‘section 265’’ and all that follows through ‘‘of
this title’’ and inserting in lieu thereof ‘‘section
10211, 10302 through 10305, or 12402 of this
title’’;
(B) in subparagraph (C), by striking out
‘‘section 672(d)’’ and inserting in lieu thereof
‘‘section 12301(d)’’; and
229
(C) in subparagraph (E), by striking out
‘‘section 673b’’ and inserting in lieu thereof
‘‘section 12304’’.
(4) Section 527 is amended by striking out
‘‘524,’’ in the text and in the heading.
(5) Section 641(1) is amended—
(A) in subparagraph (B), by striking out
‘‘section 175’’ and all that follows through ‘‘of
this title’’ and inserting in lieu thereof ‘‘section
3038, 8038, 10211, 10301 through 10305,
10501, or 12402 of this title’’;
(B) in subparagraph (C), by striking out
‘‘section 672(d)’’ and inserting in lieu thereof
‘‘section 12301(d)’’; and
(C) in subparagraph (E), by striking out
‘‘section 673b’’ and inserting in lieu thereof
‘‘section 12304’’.
(6) Sections 1201, 1202, and 1203 are each
amended by striking out ‘‘section 270(b)’’ and in-
serting in lieu thereof ‘‘section 10148(a)’’.
(7)(A) Section 1076(b)(2)(A) is amended by
striking out ‘‘under chapter 67 of this title’’ and in-
serting in lieu thereof ‘‘under chapter 1223 of this
title (or under chapter 67 of this title as in effect
230
before the effective date of the Reserve Officer Per-
sonnel Management Act)’’:
(B) Section 1370(a)(1) is amended by striking
out ‘‘chapter 67’’ and inserting in lieu thereof
‘‘chapter 1223’’.
(8) Section 1482(f)(2) is amended by striking
out ‘‘section 1332’’ and ‘‘section 1331’’ and insert-
ing in lieu thereof ‘‘section 12732’’ and ‘‘12731’’,
respectively.
(d) SURVIVOR BENEFIT PLAN.—Subchapter II of
chapter 73 is amended as follows:
(1) Section 1447(14) is amended by striking
out ‘‘chapter 67 of this title’’ and inserting in lieu
thereof ‘‘chapter 1223 of this title (or under chapter
67 of this title as in effect before the effective date
of the Reserve Officer Personnel Management Act)’’.
(2) The following provisions are amended by
striking out ‘‘section 1331(d)’’ and inserting in lieu
thereof ‘‘section 12731(d)’’: sections 1447(2)(C),
1448(a)(2)(B), 1448(f)(1)(A), and 1448(f)(1)(B).
SEC. 402. AMENDMENTS TO SUBTITLE B OF TITLE 10, UNIT-
ED STATES CODE.
(a) TABLES OF CHAPTERS.—The table of chapters
at the beginning of subtitle B, and the table of chapters
at the beginning of part II of that subtitle, are each
231
amended by striking out the items relating to chapters
337, 361, and 363.
(b) TABLES OF SECTIONS.—
(1) The table of sections at the beginning of
chapter 305 is amended by striking out the item re-
lating to section 3040.
(2) The table of sections at the beginning of
chapter 307 is amended by striking out the items re-
lating to section 3076 through 3080.
(3) The table of sections at the beginning of
chapter 331 is amended by striking out the items re-
lating to section 3212 and sections 3217 through
3225.
(4) The table of sections at the beginning of
chapter 333 is amended by striking out the items re-
lating to sections 3259, 3260, and 3261.
(5) The table of sections at the beginning of
chapter 341 is amended by striking out the items re-
lating to sections 3495 through 3502.
(6) The table of sections at the beginning of
chapter 343 is amended by striking out the items re-
lating to sections 3541 and 3542.
(7) The table of sections at the beginning of
chapter 353 is amended by striking out the item re-
lating to section 3686.
232
(c) CROSS REFERENCE AMENDMENTS.—
(1) Section 3038(b) is amended by striking out
‘‘section 265’’ and inserting in lieu thereof ‘‘section
10211’’.
(2) Section 3961(a) is amended by striking out
‘‘chapter 67’’ and inserting in lieu thereof ‘‘chapter
1223’’.
(3) Section 4342(b)(1)(B) is amended by strik-
ing out ‘‘section 1331 of this title’’ and inserting in
lieu thereof ‘‘section 12731 of this title (or under
section 1331 of this title as in effect before the ef-
fective date of the Reserve Officer Personnel Man-
agement Act)’’.
SEC. 403. AMENDMENTS TO SUBTITLE C OF TITLE 10, UNIT-
ED STATES CODE.
(a) TABLES OF CHAPTERS.—
(1) The table of chapters at the beginning of
subtitle C is amended by striking out the items re-
lating to chapters 519, 531, 541, and 549.
(2) The table of chapters at the beginning of
part I of subtitle C is amended by striking out the
item relating to chapter 519.
(3) The table of chapters at the beginning of
part II of subtitle C is amended by striking out the
items relating to chapters 531, 541, and 549.
233
(b) TABLES OF SECTIONS.—
(1) The table of sections at the beginning of
chapter 533 is amended by striking out the items re-
lating to sections 5456, 5457, and 5458.
(2) The table of sections at the beginning of
chapter 539 is amended by striking out the item re-
lating to section 5600.
(3) The table of sections at the beginning of
chapter 555 is amended by striking out the items re-
lating to sections 6017 and 6034.
(4) The table of sections at the beginning of
chapter 573 is amended by striking out the items re-
lating to sections 6391, 6392, 6397, 6403, and
6410.
(c) CROSS REFERENCE AMENDMENTS.—
(1) Section 6389(a) is amended by striking out
‘‘section 1005’’ and inserting in lieu thereof ‘‘section
12645’’.
(2) Section 6954(b)(1)(B) is amended by strik-
ing out ‘‘section 1331 of this title’’ and inserting in
lieu thereof ‘‘section 12731 of this title (or under
section 1331 of this title as in effect before the ef-
fective date of the Reserve Officer Personnel Man-
agement Act)’’.
234
(d) REPEAL OF SECTION REDUNDANT WITH SEC-
TION 741.—
(1) Section 5506 is repealed.
(2) The table of sections at the beginning of
chapter 535 is amended by striking out the item re-
lating to section 5506.
SEC. 404. AMENDMENTS TO SUBTITLE D OF TITLE 10, UNIT-
ED STATES CODE.
(a) TABLES OF CHAPTERS.—The table of chapters
at the beginning of subtitle D, and the table of chapters
at the beginning of part II of that subtitle, are each
amended by striking out the items relating to chapters
837 and 863.
(b) TABLES OF SECTIONS.—
(1) The table of sections at the beginning of
chapter 807 is amended by striking out the items re-
lating to sections 8076 through 8080.
(2) The table of sections at the beginning of
chapter 831 is amended by striking out the items re-
lating to section 8212 and sections 8217 through
8225.
(3) The table of sections at the beginning of
chapter 833 is amended by striking out the items re-
lating to sections 8259, 8260, and 8261.
235
(4) The table of sections at the beginning of
chapter 841 is amended by striking out the items re-
lating to sections 8495 through 8502.
(5) The table of sections at the beginning of
chapter 843 is amended by striking out the items re-
lating to sections 8541 and 8542.
(6) The table of sections at the beginning of
chapter 853 is amended by striking out the item re-
lating to section 8686.
(7) The table of sections at the beginning of
chapter 861 is amended by striking out the items re-
lating to sections 8819 and 8820.
(c) CROSS REFERENCE AMENDMENTS.—
(1) Section 8038(b) is amended by striking out
‘‘section 265’’ and inserting in lieu thereof ‘‘section
10211’’.
(2) Section 8961(a) is amended by striking out
‘‘chapter 67’’ and inserting in lieu thereof ‘‘chapter
1223’’.
(3) Section 9342(b)(1)(B) is amended by strik-
ing out ‘‘section 1331 of this title’’ and inserting in
lieu thereof ‘‘section 12731 of this title (or under
section 1331 of this title as in effect before the ef-
fective date of the Reserve Officer Personnel Man-
agement Act)’’.
236
SEC. 405. AMENDMENTS TO SUBTITLE E OF TITLE 10, UNIT-
ED STATES CODE.
(a) CHAPTER 1203.—Section 12102 (as transferred
and redesignated by section 302(b)(2)) is amended by
striking out ‘‘section 3261 or 8261’’ in subsection (a) and
inserting in lieu thereof ‘‘section 12107’’.
(b) CHAPTER 1205.—Sections of chapter 1205 (as
transferred and redesignated by section 302(c)(2)) are
amended as follows:
(1) Section 12203 is amended by striking out
‘‘3352, or 8352’’ in subsection (a) and inserting in
lieu thereof ‘‘12213, or 12214’’.
(2) Sections 12212 and 12213 are amended by
striking out ‘‘or Territory, Puerto Rico, or the Dis-
trict of Columbia, whichever is’’ in subsection (a).
(c) CHAPTER 1209.—Sections of chapter 1209 (as
transferred and redesignated by section 302(e)(2)) are
amended as follows:
(1) Section 12301 is amended—
(A) in subsection (b), by striking out ‘‘or
Territory’’ and all that follows through the pe-
riod at the end and inserting in lieu thereof
‘‘(or, in the case of the District of Columbia
National Guard, the commanding general of the
District of Columbia National Guard).’’; and
237
(B) in subsection (d), by striking out ‘‘or
Territory, Puerto Rico, or the District of Co-
lumbia, whichever is’’.
(2) Section 12304 is amended—
(A) by striking out ‘‘section 673(a)’’ in
subsection (a) and inserting in lieu thereof
‘‘section 12302(a)’’;
(B) by striking out ‘‘section 268(b)’’ in
subsection (a) and inserting in lieu thereof
‘‘section 10143(a)’’; and
(C) by striking out ‘‘section 3500 or 8500’’
in subsection (b) and inserting in lieu thereof
‘‘section 12406’’.
(3) Section 12305 is amended by striking out
‘‘section 672, 673, or 673b’’ in subsections (a) and
(b) and inserting in lieu thereof ‘‘section 12301,
12302, or 12304’’.
(4) Section 12306 is amended by striking out
‘‘section 672’’ in subsection (a) and inserting in lieu
thereof ‘‘section 12301’’.
(5) Section 12307 is amended by striking out
‘‘section 672(a) or 688’’, ‘‘section 1001(b)’’, and
‘‘chapter 67’’ and inserting in lieu thereof ‘‘section
688 or 12301(a)’’, ‘‘section 12641(b)’’, and ‘‘chapter
1223’’, respectively.
238
(6) Section 12308 is amended by striking out
‘‘chapter 67’’ and ‘‘section 1332(b)’’ and inserting
in lieu thereof ‘‘chapter 1223’’ and ‘‘section
12732(b)’’, respectively.
(7) Section 12310 is amended by striking out
‘‘section 672(d)’’ in subsection (a) and inserting in
lieu thereof ‘‘section 12301(d)’’.
(8) Section 12312 is amended by striking out
‘‘section 679(a)’’ in subsections (a) and (b) and in-
serting in lieu thereof ‘‘section 12311(a)’’.
(9) Section 12318 is amended—
(A) by striking out ‘‘section 673 or 673b’’
in subsections (a) and (b) and inserting in lieu
thereof ‘‘section 12302 or 12304’’; and
(B) by striking out ‘‘section 678’’ in sub-
section (b) and inserting in lieu thereof ‘‘section
12310’’.
(10) Section 12319(d) is amended by striking
out ‘‘chapter 67’’ and inserting in lieu thereof
‘‘chapter 1223’’.
(11) Section 12320 is amended by striking out
‘‘section 3353, 5600, or 8353’’ and inserting in lieu
thereof ‘‘section 12207’’.
239
(d) CHAPTER 1219.—Sections of chapter 1219 (as
transferred and redesignated by section 302(h)) are
amended as follows:
(1) Section 12642 is amended—
(A) by striking out ‘‘section 1332(a)(2)’’ in
subsection (a) and inserting in lieu thereof
‘‘section 12732(a)(2)’’; and
(B) by striking out ‘‘section 1005’’ in sub-
section (b) and inserting in lieu thereof ‘‘section
12645’’.
(2) Section 12645 is amended by striking out
‘‘chapter 337, 361, 363, 573, 837, 861, or 863’’ in
subsection (a) and inserting in lieu thereof ‘‘chapter
573, 1407, 1409, or 1411’’.
(3) Section 12646 is amended—
(A) by striking out ‘‘section 1332’’ each
place it appears in subsections (a) and (b) and
inserting in lieu thereof ‘‘section 12732’’;
(B) by striking out ‘‘chapter 337, 361,
363, 573, 837, 861, or 863’’ in subsections (a)
and (b) and inserting in lieu thereof ‘‘chapter
573, 1407, or 1409’’; and
(C) by striking out subsection (e) and in-
serting in lieu thereof the following:
240
‘‘(e)(1) A reserve commissioned officer on active duty
(other than for training) or full-time National Guard duty
(other than full-time National Guard duty for training
only) who, on the date on which the officer would other-
wise be removed from an active status under section 6389,
14513, or 14514 of this title or section 740 of title 14,
is within two years of qualifying for retirement under sec-
tion 3911, 6323, or 8911 of this title may, in the discre-
tion of the Secretary concerned and subject to paragraph
(2), be retained on that duty for a period of not more
than two years.
‘‘(2) An officer may be retained on active duty or full-
time National Guard duty under paragraph (1) only if—
‘‘(A) at the end of the period for which the offi-
cer is retained the officer will be qualified for retire-
ment under section 3911, 6323, or 8911 of this title;
and
‘‘(B) the officer will not, before the end of that
period, reach the age at which transfer from an ac-
tive status or discharge is required by this title or
title 14.
‘‘(3) An officer who is retained on active duty or full-
time National Guard duty under this section may not be
removed from an active status while on that duty.’’.
241
(4) Section 12647 is amended by striking out
‘‘chapters 337, 363, 573, 837, and 863’’ and insert-
ing in lieu thereof ‘‘chapters 573, 1407, and 1409’’.
SEC. 406. AMENDMENTS TO TITLES 32 AND 37, UNITED
STATES CODE.
(a) TITLE 32, UNITED STATES CODE.—Title 32,
United States Code, is amended as follows:
(1) Section 107(c) is amended by striking out
‘‘section 3496 or 8496’’ and inserting in lieu thereof
‘‘section 12402’’.
(2) Section 307(a)(3) is amended by striking
out ‘‘and sections 8365 and 8366 of title 10’’.
(3) Section 323(c) is amended by striking out
‘‘section 3259, 3352(a), 8259, or 8352(a)’’ and in-
serting in lieu thereof ‘‘section 12105, 12213(a), or
12214(a)’’.
(4) The items relating to sections 309 and 310
in the table of sections at the beginning of chapter
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.’’.
(b) TITLE 37, UNITED STATES CODE.—Title 37,
United States Code, is amended as follows:
(1) Section 204(a)(2) is amended by striking
out ‘‘section 3021, 3496, 3541, 8021, 8496, or
242
8541’’ and inserting in lieu thereof ‘‘section 10302,
10305, 10502, or 12402’’.
(2) Section 205(e)(2) is amended—
(A) by striking out ‘‘section 511(b) or
511(d)’’ in subparagraph (A) and inserting in
lieu thereof ‘‘section 12103(b) or 12103(d)’’;
and
(B) by striking out ‘‘chapter 39’’ in sub-
paragraph (B) and inserting in lieu thereof
‘‘chapter 1209’’.
(3) Section 905 is amended—
(A) by striking out ‘‘chapter 549’’ in sub-
section (a) and inserting in lieu thereof ‘‘chap-
ter 1405’’; and
(B) by striking out ‘‘section 5908’’ in sub-
section (b) and inserting in lieu thereof ‘‘section
14308(b)’’.
SEC. 407. AMENDMENTS TO OTHER LAWS.
(a) TITLE 5, UNITED STATES CODE.—Title 5, Unit-
ed States Code, is amended as follows:
(1) Section 5517(d)(2) is amended by striking
out ‘‘section 270(a) of title 10’’ and inserting in lieu
thereof ‘‘section 10147 of title 10’’
(2) Section 6323(b) is amended—
243
(A) in paragraph (1), by striking out ‘‘sec-
tion 261 of title 10’’ and inserting in lieu there-
of ‘‘section 10101 of title 10’’.
(B) in paragraph (2)(A), by striking out
‘‘3500, or 8500 of title 10’’ and inserting in
lieu thereof ‘‘or 12406 of title 10’’.
(3) Sections 8332(c)(2)(B) and 8411(c)(2)(B)
are amended by striking out ‘‘chapter 67 of title 10’’
and inserting in lieu thereof ‘‘chapter 1223 of title
10 (or under chapter 67 of that title as in effect be-
fore the effective date of the Reserve Officer Person-
nel Management Act)’’.
(4) Sections 8401(30) and 8456(a)(1)(A) are
amended by striking out ‘‘section 261(a) of title 10’’
and inserting in lieu thereof ‘‘section 10101 of title
10’’.
(b) TITLE 14, UNITED STATES CODE.—Title 14,
United States Code, is amended as follows:
(1) Section 41a(a) is amended by striking out
‘‘section 679 of title 10’’ and inserting in lieu there-
of ‘‘section 12311 of title 10’’.
(2) Section 271(e) is amended by striking out
‘‘section 593 of title 10’’ and inserting in lieu there-
of ‘‘section 12203 of title 10’’.
250
under the provisions of section 3363(f) of title 10, United
States Code, from a list of officers recommended for pro-
motion or who has previously not been promoted because
the President declined to appoint the officer in the next
higher grade under section 8377 of such title as in effect
on the day before the effective date of the Act, or whose
name was removed from a list of officers recommended
for promotion to the next higher grade because the Senate
did not consent to the officer’s appointment, if the officer
is later considered for promotion by a selection board con-
vened by section 14101(a)(1) of title 10, United States
Code, as added by this Act, and (A) is not selected for
promotion, (B) is selected for promotion but removed from
the list of officers recommended or approved for pro-
motion, or (C) is selected for promotion but declines to
accept the promotion, the officer shall be considered for
all purposes to have twice failed of selection for promotion.
(e) OFFICERS TWICE FAILED OF SELECTION.—A re-
serve officer of the Army or Air Force in an active status
who, on the day before the effective date of this Act, is
in the grade of first lieutenant, captain, or major and on
that date is subject to be treated as prescribed in section
3846 or 8846 of title 10, United States Code, shall con-
tinue to be governed by that section as in effect on the
day before the effective date of this Act.
257
ance with this section shall be considered to have been on
the list as of the effective date of this Act.
SEC. 507. PRESERVATION OF RELATIVE SENIORITY UNDER
THE INITIAL ESTABLISHMENT OF THE RE-
SERVE ACTIVE-STATUS LIST.
In order to maintain the relative seniority among re-
serve officers of the Army, Navy, Air Force, or Marine
Corps as determined under section 506 of this Act, the
Secretary of the military department concerned may, dur-
ing the one-year period beginning on the effective date of
this Act, adjust the date of rank of any reserve officer
of such Armed Force who was in an active status but not
on the active-duty list on such effective date.
SEC. 508. GRADE ON TRANSFER TO THE RETIRED RESERVE.
In determining the highest grade held satisfactorily
by a person at any time in the Armed Forces for the pur-
poses of paragraph (2) of section 1406(b) of title 10, Unit-
ed States Code, as added by this Act, the requirement for
satisfactory service on the reserve active-status list con-
tained in section 1370(d) of title 10, United States Code,
as added by this Act, shall apply only to reserve commis-
sioned officers who are promoted to a higher grade as a
result of selection for promotion under chapter 36 of that
title or under chapter 1405 of that title, as added by this
Act, or having been found qualified for Federal recognition
258
in a higher grade under chapter 3 of title 32, United
States Code, after the effective date of this Act.
SEC. 509. RIGHTS FOR OFFICERS WITH OVER THREE YEARS
SERVICE.
A reserve officer of the Army, Navy, Air Force, or
Marine Corps who was in an active status on the day be-
fore the effective date of this Act and who was subject
to placement of the reserve active-status list on the effec-
tive date of this Act may not be discharged under section
14503 of title 10, United States Code, as added by this
Act, until on or after the day on which that officer com-
pletes three years of continuous service as a reserve com-
missioned officer.
SEC. 510. MANDATORY SEPARATION FOR AGE FOR CERTAIN
RESERVE OFFICERS OF THE NAVY AND MA-
RINE CORPS.
(a) SAVINGS PROVISIONS FOR REQUIRED SEPARA-
TION AGE.—A reserve officer of the Navy or the Marine
Corps—
(1) who—
(A) on the effective date of this Act is in
an active status, and
(B) on the day before the effective date of
this Act was an officer described in section