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(1) by inserting ‘‘(a)’’ before ‘‘Officers in the
following’’; and
(2) by adding at the end the following:
‘‘(b) Under regulations prescribed by the Secretary
of the military department concerned, a reserve officer
who is ordered to active duty (whether voluntarily or invol-
untarily) during a war or national emergency and who
would otherwise be placed on the active-duty list may be
excluded from that list as determined by the Secretary
concerned. Exclusion of an officer from the active-duty list
as the result of action by the Secretary concerned under
the preceding sentence shall expire not later than 24
months after the date on which the officer enters active
duty under an order to active duty covered by that
sentence.’’.
SEC. 115. GRADE IN WHICH RESERVE OFFICERS ARE OR-
DERED TO ACTIVE DUTY.
Section 689 is amended—
(1) by inserting ‘‘or full-time National Guard
duty’’ after ‘‘active duty’’ the first two places it
appears; and
(2) by inserting ‘‘and placed on the active-duty
list’’ after ‘‘active duty’’ the third place it appears.
SEC. 116. DATE OF RANK.
Section 741(d)(3) is amended—
105
(1) by inserting ‘‘or who is transferred from an
inactive status to an active status and placed on the
active-duty list or the reserve active-status list’’ after
‘‘warrant officer (W–5)’’;
(2) by inserting ‘‘or reserve active-status list’’
after ‘‘active-duty list’’ the second place it appears;
and
(3) by adding at the end: ‘‘The authority to
change the date of rank of a reserve officer who is
placed on the active-duty list to a later date does not
apply in the case of an officer who (A) has served
continuously in the Selected Reserve of the Ready
Reserve since the officer’s last promotion, or (B) is
placed on the active-duty list while on a promotion
list as described in section 14317(b) of this title.’’.
SEC. 117. DISCHARGE BEFORE COMPLETION OF REQUIRED
SERVICE IN CASE OF OFFICERS HAVING
TWICE FAILED OF SELECTION FOR CAPTAIN
OR NAVY LIEUTENANT.
Section 1005(b) is amended—
(1) by striking out ‘‘or’’ at the end of
paragraph (1);
(2) by striking out the period at the end of
paragraph (2) and inserting in lieu thereof a semi-
colon; and
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(3) by adding at the end the following:
‘‘(3) an officer on the active-duty list or reserve
active-status list who has failed of selection for pro-
motion for the second time to the grade of captain,
in the case of an officer of the Army, Air Force, or
Marine Corps, or to the grade of lieutenant, in the
case of an officer of the Navy; or
‘‘(4) an officer whose discharge or transfer
from an active status is required by law.’’.
SEC. 118. CONFORMING AMENDMENTS RELATING TO NAVY
AND MARINE CORPS OFFICERS.
Section 6389 is amended—
(1) in subsection (a)—
(A) by inserting ‘‘while on the active-duty
list’’ after ‘‘to the next higher grade’’; and
(B) by striking out the period at the end
and inserting in lieu thereof ‘‘or released from
active duty and placed on the reserve active-sta-
tus list.’’;
(2) in subsection (b), by striking out ‘‘or (f)’’;
(3) in subsection (c)—
(A) by inserting ‘‘(1)’’ after ‘‘(c)’’;
(B) by striking out ‘‘lieutenant commander
or above’’ both places it appears and inserting
107
in lieu thereof ‘‘lieutenant commander or com-
mander’’;
(C) by striking out ‘‘major or above’’ both
places it appears and inserting in lieu thereof
‘‘major or lieutenant colonel’’;
(D) by inserting ‘‘while on the active-duty
list’’ after ‘‘to the next higher grade’’ in the
first sentence; and
(E) in the table—
(i) by striking out the line relating to
the grades of captain in the Navy and colo-
nel in the Marine Corps; and
(ii) by striking out ‘‘26 years’’ and in-
serting in lieu thereof ‘‘28 years’’;
(F) by designating the sentence after the
table as paragraph (2) and in that sentence
striking out ‘‘the first sentence of this sub-
section’’ and inserting in lieu thereof ‘‘the first
sentence of paragraph (1)’’;
(G) by designating the next sentence as
paragraph (3) and in that sentence striking out
‘‘the first two sentences of this subsection’’ and
inserting in lieu thereof ‘‘paragraph (1)’’; and
(H) by designating the last sentence as
paragraph (4) and in that sentence—
108
(i) striking out ‘‘the first two sen-
tences of this subsection’’ and inserting in
lieu thereof ‘‘paragraph (1)’’; and
(ii) striking out ‘‘captain or’’; and
(4) by striking out subsections (e), (f), and (g).
SEC. 119. REPEAL OF RESERVE OFFICER PERSONNEL POL-
ICY LAWS.
(a) ARMY PROVISIONS.—
(1) Chapter 337, relating to appointments as
reserve officers (other than sections 3351 and
3352), is repealed.
(2) Chapter 361, relating to separation for var-
ious reasons, is repealed.
(3) Chapter 363, relating to separation or
transfer to the Retired Reserve, is repealed.
(b) NAVY AND MARINE CORPS PROVISIONS.—
(1) Chapter 541, relating to running mates as
reserve officers, is repealed.
(2) Chapter 549, relating to reserve promotions,
is repealed.
(3) Sections 6391, 6392, 6397, 6403, and 6410
are repealed.
(c) AIR FORCE PROVISIONS.—
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(1) Chapter 837, relating to appointments as
reserve officers (other than sections 8351 and
8352), is repealed.
(2) Sections 8819 and 8820 are repealed.
(3) Chapter 863, relating to separation or
transfer to the Retired Reserve, is repealed.
SEC. 120. AMENDMENTS TO TITLE 32, UNITED STATES
CODE.
Title 32, United States Code, is amended as follows:
(1) Sections 309 and 310 are amended to read
as follows:
‘‘§ 309. Federal recognition of National Guard offi-
cers: officers promoted to fill vacancies
‘‘Each officer of the National Guard who is promoted
to fill a vacancy in a federally recognized unit of the Na-
tional Guard, and who has been on the reserve active-sta-
tus list or the active-duty list of the Army or the Air Force
for at least one year and has completed the minimum
years of service in grade specified in section 14303 of title
10, shall be examined for Federal recognition in the grade
to which the officer is promoted.
‘‘§ 310. Federal recognition of National Guard offi-
cers: automatic recognition
‘‘(a) Notwithstanding sections 307 and 309 of this
title, if a second lieutenant of the National Guard is pro-