123 
‘‘(B) that of the most senior officer in that grade 
and competitive category whose name is submitted to 
the board. 
‘‘(3) A list submitted to a board under paragraph (1) 
may not include an officer who— 
‘‘(A) has been approved for voluntary retirement; 
or 
‘‘(B) is to be involuntarily retired under any 
provision of law during the fiscal year in which the 
board is convened or during the following fiscal 
year.’’. 
(b) SPECIFICATION OF NUMBER OF OFFICERS WHO 
MAY BE RECOMMENDED FOR REMOVAL.—Such section is 
further amended— 
(1) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and 
(2) by inserting after subsection (a) the following 
new subsection: 
‘‘(b) SPECIFICATION OF NUMBER OF OFFICERS WHO 
MAY BE RECOMMENDED FOR SEPARATION.—The Secretary 
of the military department concerned shall specify the num-
ber of officers described in subsection (a)(1) that a board 
may recommend for separation under subsection (c).’’. 
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124 
SEC. 513. TEMPORARY AUTHORITY TO MAINTAIN ACTIVE 
STATUS AND INACTIVE STATUS LISTS OF 
MEMBERS 
IN 
THE 
INACTIVE 
NATIONAL 
GUARD. 
(a) AUTHORITY TO MAINTAIN ACTIVE AND INACTIVE 
STATUS LISTS IN THE INACTIVE NATIONAL GUARD.— 
(1) ACTIVE
AND
INACTIVE
STATUS
LISTS
AU-
THORIZED.—The Secretary of the Army and the Sec-
retary of the Air Force may maintain an active sta-
tus list and an inactive status list of members in the 
inactive Army National Guard and the inactive Air 
National Guard, respectively. 
(2) TOTAL
NUMBER
ON
ALL
LISTS
AT
ONE 
TIME.—The total number of members of the Army Na-
tional Guard and members of the Air National Guard 
on the active status lists and the inactive status lists 
assigned to the inactive National Guard may not ex-
ceed a total of 10,000 at any time. 
(3) TOTAL NUMBER ON ACTIVE STATUS LISTS AT 
ONE
TIME.—The total number of members of the 
Army National Guard and members of the Air Na-
tional Guard on the active status lists of the inactive 
National Guard may not exceed 4,000 at any time. 
(4) CONDITION OF IMPLEMENTATION.—Before the 
authority provided by this subsection is used to estab-
lish an active status list and an inactive status list 
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125 
of members in the inactive Army National Guard or 
the inactive Air National Guard, the Secretary of De-
fense shall submit to the Committees on Armed Serv-
ices of the House of Representatives and the Senate a 
copy of the implementation guidance to be used to 
execute this authority. 
(b) ADDITIONAL ENLISTED MEMBER TRANSFER AU-
THORITY.—In addition to the transfer authority provided 
by section 303(b) of title 32, United States Code, while an 
inactive status list for the inactive National Guard exists— 
(1) an enlisted member of the active Army Na-
tional Guard may be transferred to the inactive Army 
National Guard without regard to whether the mem-
ber was formerly enlisted in the inactive Army Na-
tional Guard; and 
(2) an enlisted member of the active Air Na-
tional Guard may be transferred to the inactive Air 
National Guard without regard to whether the mem-
ber was formerly enlisted in the inactive Air National 
Guard. 
(c) REMOVAL OF RESTRICTIONS ON TRANSFER OF OF-
FICERS.—While an inactive status list for the inactive Na-
tional Guard exists, nothing in chapter 3 of title 32, United 
States Code, shall be construed to prevent any of the fol-
lowing: 
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126 
(1) An officer of the Army National Guard who 
fills a vacancy in a federally recognized unit of the 
Army National Guard from being transferred from 
the active Army National Guard to the inactive Army 
National Guard. 
(2) An officer of the Air National Guard who 
fills a vacancy in a federally recognized unit of the 
Air National Guard from being transferred from the 
active Air National Guard to the inactive Air Na-
tional Guard. 
(3) An officer of the Army National Guard 
transferred to the inactive Army National Guard 
from being transferred from the inactive Army Na-
tional Guard to the active Army National Guard to 
fill a vacancy in a federally recognized unit. 
(4) An officer of the Air National Guard trans-
ferred to the inactive Air National Guard from being 
transferred from the inactive Air National Guard to 
the active Air National Guard to fill a vacancy in a 
federally recognized unit. 
(d) STATUS AND TRAINING CATEGORIES FOR MEM-
BERS IN INACTIVE STATUS.—While an inactive status list 
for the inactive Army National Guard or inactive Air Na-
tional Guard exists— 
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127 
(1) the first sentence of subsection (b) of section 
10141 of title 10, United States Code, shall apply 
only with respect to members of the reserve compo-
nents assigned to the inactive Army National Guard 
or inactive Air National Guard who are assigned to 
such inactive status list; and 
(2) the exclusion of the Army National Guard of 
the United States or Air National Guard of the 
United States under the first sentence of subsection 
(c) of such section shall not apply. 
(e) ELIGIBILITY FOR INACTIVE-DUTY TRAINING PAY.— 
While an inactive status list for the inactive National 
Guard exists, the limitation on pay for inactive-duty train-
ing contained in section 206(c) of title 37, United States 
Code, shall apply only to persons assigned to the inactive 
status list of the inactive National Guard, rather than to 
all persons enlisted in the inactive National Guard. 
(f) CONFORMING AMENDMENTS.— 
(1) MODIFICATION OF ACTIVE STATUS DEFINI-
TION.—Section 101(d)(4) of title 10, United States 
Code, is amended by adding at the end the following 
new sentence: ‘‘However, while an inactive status list 
for the inactive Army National Guard or inactive Air 
National Guard exists, such term means the status of 
a member of the Army National Guard of the United 
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128 
States or Air National Guard of the United States 
who is not assigned to the inactive status list of the 
inactive Army National Guard or inactive Air Na-
tional Guard, on another inactive status list, or in 
the Retired Reserve.’’. 
(2) COMPUTATION OF YEARS OF SERVICE FOR 
ENTITLEMENT TO RETIRED PAY.—Paragraph (3) of 
section 12732(b) of such title is amended to read as 
follows: 
‘‘(3) Service in the inactive National Guard (for 
any period other than a period in which an inactive 
status list for the inactive National Guard exists) and 
service while assigned to the inactive status list of the 
inactive National Guard (for any period in which an 
inactive status list for the inactive National Guard 
exists).’’. 
(g) EVALUATION OF USE OF AUTHORITY.— 
(1) INDEPENDENT STUDY REQUIRED.—Before the 
end of the period specified in subsection (h), the Sec-
retary of Defense shall commission an independent 
study to evaluate the effectiveness of using an active 
status list for the inactive National Guard to improve 
the readiness of the Army National Guard and the 
Air National Guard. 
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