111
(2) Section 323 is amended by striking out sub-
sections (d) and (e) and inserting in lieu thereof
the following:
‘‘(d) The Federal recognition of a reserve commis-
sioned officer of the Army or the Air Force who is—
‘‘(1) federally recognized as an officer of the
National Guard; and
‘‘(2) subject to involuntary transfer to the Re-
tired Reserve, transfer to an inactive status list, or
discharge under chapter 1407, 1409, or 1411 of title
10;
shall, if not sooner withdrawn, be withdrawn on the date
of such involuntary transfer or discharge.’’.
TITLE II—OTHER PERSONNEL POLICY
AMENDMENTS
PART A—APPOINTMENTS
SEC. 201. REPEAL OF SEPARATE AUTHORITY FOR ACCES-
SION OF WOMEN IN RESERVE COMPONENTS.
(a) ENLISTMENTS.—Section 510 is amended—
(1) by striking out subsection (c); and
(2) by redesignating subsection (d) as sub-
section (c).
(b) APPOINTMENT OF OFFICERS.—Section 591 is
amended—
(1) by striking out subsection (c); and
112
(2) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.
SEC. 
202. 
APPOINTMENT 
AUTHORITY 
FOR 
RESERVE
GRADES 
OF 
LIEUTENANT 
COLONEL 
AND
COMMANDER.
Section 593(a) is amended—
(1) in the first sentence, by striking out ‘‘Re-
serves in commissioned grades below lieutenant colo-
nel and commander’’ and inserting in lieu thereof
‘‘reserve officers in commissioned grades of lieuten-
ant colonel and commander or below’’; and
(2) in the second sentence, by striking out ‘‘Re-
serves in commissioned grades above major and lieu-
tenant commander’’ and inserting in lieu thereof
‘‘reserve officers in commissioned grades above lieu-
tenant colonel and commander’’.
SEC. 203. APPOINTMENT OF FORMER COMMISSIONED OFFI-
CERS IN RESERVE COMPONENTS.
Chapter 34 is amended by inserting after section 596
the following new section:
‘‘§ 596a. 
Commissioned 
officers: 
appointment 
of
former commissioned officers
‘‘Under regulations prescribed by the Secretary of
Defense, a person who is a former commissioned officer
may, if otherwise qualified, be appointed as a reserve offi-
113
cer of the Army, Navy, Air Force, or Marine Corps. A
person so appointed—
‘‘(1) may be placed on the reserve active-status
list of that armed force in the grade equivalent to
the permanent regular or reserve grade, and in the
same competitive category, in which the person pre-
viously served satisfactorily on active duty or in an
active status; and
‘‘(2) may be credited for the purpose of deter-
mining date of rank under section 741(d) of this
title with service in grade equal to that held by that
person when discharged or separated.’’.
SEC. 204. CONSTRUCTIVE CREDIT FOR APPOINTMENT OF
OFFICERS IN RESERVE COMPONENTS WITH
QUALIFYING EDUCATION OR EXPERIENCE.
Chapter 34 is further amended by inserting after sec-
tion 596a (as added by section 203) the following new
section:
‘‘§ 596b. Commissioned officers: service credit upon
original appointment
‘‘(a)(1) For the purpose of determining the grade and
the rank within grade of a person receiving an original
appointment as a reserve commissioned officer (other than
a commissioned warrant officer) in the Army, Navy, Air
Force, or Marine Corps, the person shall be credited at
114
the time of the appointment with any commissioned serv-
ice (other than service as a commissioned warrant officer)
performed before such appointment as a regular officer,
or as a reserve officer in an active status, in any armed
force, the National Oceanic and Atmospheric Administra-
tion, or the Public Health Service.
‘‘(2) The Secretary of Defense shall prescribe regula-
tions, which shall apply uniformly among the Army, Navy,
Air Force, and Marine Corps, to authorize the Secretary
of the military department concerned to limit the amount
of prior commissioned service with which a person receiv-
ing an original appointment may be credited under para-
graph (1), or to deny any such credit, in the case of a
person who at the time of such appointment is credited
with constructive service under subsection (b).
‘‘(b)(1) Under regulations prescribed by the Sec-
retary of Defense, a person who is receiving an original
appointment as a reserve commissioned officer (other than
a commissioned warrant officer) of the Army, Navy, Air
Force, or Marine Corps, or a designation in, or an assign-
ment to, an officer category in which advanced education
or training is required and who has advanced education
or training, shall be credited with constructive service for
such education, training, or experience, as follows:
115
‘‘(A) One year for each year of advanced edu-
cation beyond the baccalaureate degree level, for per-
sons appointed or designated in, or assigned to, offi-
cer categories requiring such advanced education or
an advanced degree as a prerequisite for such ap-
pointment, designation, or assignment. Except as
provided in subparagraph (D), in determining the
number of years of constructive service to be cred-
ited under this subparagraph to officers in any pro-
fessional field, the Secretary concerned shall credit
an officer with, but with not more than, the number
of years of postsecondary education in excess of four
that are required by a majority of institutions that
award degrees in that professional field for comple-
tion of the advanced education or award of the ad-
vanced degree.
‘‘(B)(i) Credit for any period of advanced edu-
cation in a health profession (other than medicine
and dentistry) beyond the baccalaureate degree level
which exceeds the basic education criteria for such
appointment, designation, or assignment, if such ad-
vanced education will be directly used by the armed
force concerned.
‘‘(ii) Credit for experience in a health profession
(other than medicine or dentistry), if such experi-
116
ence will be directly used by the armed force con-
cerned.
‘‘(C) Additional credit of (i) not more than one
year for internship or equivalent graduate medical,
dental, or other formal health professional training
required by the armed forces, and (ii) not more than
one year for each additional year of such graduate-
level training or experience creditable toward certifi-
cation in a speciality required by the armed force
concerned.
‘‘(D) Additional credit, in unusual cases, based
on special experience in a particular field.
‘‘(E) Additional credit of one year for advanced
education in a health profession if the number of
years of baccalaureate education completed by 75
percent or more of the students entering advanced
training in that health profession exceeds, by one or
more, 
the 
minimum 
number 
of 
years 
of
preprofessional education required by a majority of
institutions which award degrees in that health pro-
fession. The percentage of such persons shall be
computed on an annual basis for each health profes-
sion from the data for the year in which the person
being so appointed, designated, or assigned was ad-
mitted to a professional school. However, a person
117
may not receive additional credit under this subpara-
graph if the amount of that person’s baccalaureate
education does not exceed, by one or more, the mini-
mum number of years of preprofessional education
required by a majority of institutions which award
degrees for that health profession, determined on the
basis prescribed in the preceding sentence.
‘‘(F) Additional credit for experience as a phy-
sician or dentist, if appointed, assigned, or des-
ignated as a medical or dental officer.
‘‘(2) If the Secretary of Defense determines that the
number of medical or dental officers serving in an active
status in a reserve component of the Army, Navy, or Air
Force in grades below major or lieutenant commander is
critically below the number needed by such reserve compo-
nent in such grades, the Secretary of Defense may author-
ize the Secretary of the military department concerned to
credit any person who is receiving an original appointment
for service as a medical or dental officer with a period
of constructive credit in such amount (in addition to any
amount credited such person under subsection (b)) as will
result in the grade of such person being that of captain
or, in the case of the Naval Reserve, lieutenant.
‘‘(3) Except as authorized by the Secretary concerned
in individual cases and under regulations prescribed by the
118
Secretary of Defense in the case of a medical or dental
officer, the amount of constructive service credited an offi-
cer under this subsection may not exceed the amount re-
quired in order for the officer to be eligible for an original
appointment as a reserve officer of the Army, Air Force,
or Marine Corps in the grade of major or as a reserve
officer of the Navy in the grade of lieutenant commander.
‘‘(4) Constructive service credited an officer under
this subsection is in addition to any service credited that
officer under subsection (a) and shall be credited at the
time of the original appointment of the officer or assign-
ment to or designation in an officer category in which
advanced education or training or special experience is
required.
‘‘(c) Constructive service may not be credited under
subsection (b) for education, training, or experience ob-
tained while serving as a commissioned officer (other than
a warrant officer) on active duty or in an active status.
However, in the case of an officer who completes advanced
education or receives an advanced degree while on active
duty or in an active status and in less than the number
of years normally required to complete such advanced edu-
cation or receive such advanced degree, constructive serv-
ice may, subject to regulations prescribed under subsection
(a)(2), be credited to the officer under subsection
119
(b)(1)(A) to the extent that the number of years normally
required to complete such advanced education or receive
such advanced degree exceeds the actual number of years
in which such advanced education or degree is obtained
by the officer.
‘‘(d) If the Secretary of Defense determines that the
number of qualified judge advocates serving on the active-
duty list of the Army, Navy, Air Force, or Marine Corps
in grades below lieutenant commander or major is criti-
cally below the number needed by that armed force in
those grades, the Secretary of Defense may authorize the
Secretary of the military department concerned to credit
any person who is receiving an original appointment with
a view to assignment to the Judge Advocate General’s
Corps of the Army or appointment to the Judge Advocate
General’s Corps of the Navy, or who is receiving an origi-
nal appointment in the Air Force or Marine Corps with
a view to designation as a judge advocate, with a period
of constructive service in such an amount (in addition to
any amount credited such person under subsection (b)) as
will result in the grade of such person being that of cap-
tain or, in the case of the Navy, lieutenant, and the date
of rank of such person being junior to that of all other
officers of the same grade serving on the active-duty list.
120
‘‘(e) Constructive service credited an officer under
subsection (b) or (d) shall be used only for determin-
ing the officer’s—
‘‘(1) initial grade as a reserve officer;
‘‘(2) rank in grade; and
‘‘(3) service in grade for promotion eligibility.
‘‘(f) The grade and position on the reserve active-sta-
tus list of a person receiving an appointment as a reserve
officer who at the time of appointment is credited with
service under this section shall be determined under regu-
lations prescribed by the Secretary of Defense based upon
the amount of service credited.’’.
SEC. 205. COMPUTATION OF YEARS OF SERVICE FOR
TRANSFER OF ARMY OFFICERS TO RETIRED
RESERVE.
(a) INTERIM REPEAL OF OBSOLETE PROVISION.—
Effective for the period beginning on the date of the enact-
ment of this Act and ending on the effective date specified
in section 601, section 3853 is amended by striking out
‘‘the greater of—’’ and all that follows and inserting in
lieu thereof ‘‘the sum of the following:
‘‘(1) The officer’s years of service as a commis-
sioned officer of any component of the armed forces
or of the Army without specification of component.
121
‘‘(2) The officer’s years of service in a federally
recognized commissioned status in the National
Guard if his service in the National Guard was con-
tinuous from the date of his Federal recognition as
an officer in the National Guard to the date of his
appointment in the National Guard of the United
States.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to transfers to the
Retired Reserve and to discharges on or after the date
of the enactment of this Act.
SEC. 206. REPEAL OF MISCELLANEOUS OBSOLETE AP-
POINTMENT AUTHORITIES.
(a) ARMY RESERVE OFFICERS APPOINTED IN TEM-
PORARY GRADES.—Section 3352(a) is amended by strik-
ing out the second sentence.
(b) AIR FORCE AVIATION CADETS.—Section 8356 is
repealed.
(c) REDUNDANT STATEMENT OF AUTHORITY.—Sec-
tion 8379 is repealed.
122
PART B—SEPARATION AND RETIREMENT
SEC. 221. COMPUTATION OF HIGHEST GRADE IN WHICH
SATISFACTORILY 
SERVED 
FOR 
RESERVE
COMMISSIONED OFFICERS AND FORMER OF-
FICERS.
Section 1370 is amended by adding at the end the
following new subsection:
‘‘(d)(1) Unless entitled to a higher grade, or to credit
for satisfactory service in a higher grade, under some
other provision of law, a person who is entitled to retired
pay under chapter 1225 of this title shall, upon application
under section 12731 of this title, be credited with satisfac-
tory service in the highest grade in which that person
served satisfactorily at any time in the armed forces, as
determined by the Secretary concerned in accordance with
this subsection.
‘‘(2)(A) In order to be credited with satisfactory serv-
ice in an officer grade (other than a warrant officer grade)
below the grade of lieutenant colonel or commander, a per-
son covered by paragraph (1) must have served satisfac-
torily in that grade (as determined by the Secretary of
the military department concerned) as a reserve commis-
sioned officer in an active status, or in a retired status
on active duty, for not less than six months.
123
‘‘(B) In order to be credited with satisfactory service
in an officer grade above major or lieutenant commander
and below lieutenant general or vice admiral, a person cov-
ered by paragraph (1) must have served satisfactorily in
that grade (as determined by the Secretary of the military
department concerned) as a reserve commissioned officer
in an active status, or in a retired status on active duty,
for not less than three years. A person covered by the pre-
ceding sentence who has completed at least six months of
satisfactory service in grade and is transferred from an
active status or discharged as a reserve commissioned offi-
cer solely due to the requirements of a nondiscretionary
provision of law requiring that transfer or discharge due
to the person’s age or years of service may be credited
with satisfactory service in the grade in which serving at
the time of such transfer or discharge, notwithstanding
failure of the person to complete three years of service in
that grade.
‘‘(3) A person whose length of service in the highest
grade held does not meet the service in grade requirements
specified in this subsection shall be credited with satisfac-
tory service in the next lower grade in which that person
served satisfactorily (as determined by the Secretary of
the military department concerned) for not less than six
months.’’.
124
PART C—OTHER AMENDMENTS
SEC. 241. TENURE IN OFFICE OF CHIEF OF NATIONAL
GUARD BUREAU.
Section 3040(c) is amended by adding at the end the
following new sentence: ‘‘While holding that office, the
Chief of the National Guard Bureau may not be removed
from the reserve active-status list, or from an active sta-
tus, under any provision of law that otherwise would re-
quire such removal due to completion of a specified num-
ber of years of service or a specified number of years of
service in grade.’’.
SEC. 242. RIGHT TO REENLIST IN REGULAR ARMY OR
REGULAR AIR FORCE AFTER SERVICE AS AN
OFFICER.
(a) ARMY.—Section 3258 is amended—
(1) by striking out ‘‘Any former enlisted mem-
ber’’ and inserting in lieu thereof ‘‘(a) Subject to
subsections (b) and (c), a former enlisted member’’;
(2) by striking out the last sentence; and
(3) by adding at the end the following:
‘‘(b) A person who is a former enlisted member is
not entitled to be reenlisted under subsection (a) if that
person is discharged or released from active duty from
service as an officer described in that subsection—
125
‘‘(1) because that person’s performance of duty
while serving as such an officer has fallen below
standards prescribed by the Secretary of Defense;
‘‘(2) because of misconduct or moral or profes-
sional dereliction; or
‘‘(3) because retention of that person as an offi-
cer is not clearly consistent with the interest of na-
tional security.
‘‘(c) A person who is a former enlisted member is
not entitled to be reenlisted under subsection (a) if that
person’s status and grade as an enlisted member were only
held during, and solely as a result of, participation in a
precommissioning program after the effective date of the
Reserve Officer Personnel Management Act.’’.
(b) AIR FORCE.—Section 8258 is amended—
(1) by striking out ‘‘Any former enlisted mem-
ber’’ and inserting in lieu thereof ‘‘(a) Subject to
subsections (b) and (c), a former enlisted member’’;
(2) by striking out the last sentence; and
(3) by adding at the end the following:
‘‘(b) A person who is a former enlisted member is
not entitled to be reenlisted under subsection (a) if that
person is discharged or released from active duty from
service as an officer described in that subsection—
126
‘‘(1) because that person’s performance of duty
while serving as such an officer has fallen below
standards prescribed by the Secretary of Defense;
‘‘(2) because of misconduct or moral or profes-
sional dereliction; or
‘‘(3) because retention of that person as an offi-
cer is not clearly consistent with the interest of na-
tional security.
‘‘(c) A person who is a former enlisted member is
not entitled to be reenlisted under subsection (a) if that
person’s status and grade as an enlisted member were only
held during, and solely as a result of, participation in a
precommissioning program after the effective date of the
Reserve Officer Personnel Management Act.’’.
TITLE III—REORGANIZATION AND CON-
SOLIDATION OF LAWS RELATING TO
RESERVE COMPONENTS
SEC. 301. LAWS RELATING TO ORGANIZATION AND ADMIN-
ISTRATION OF RESERVE COMPONENTS.
(a) RESERVE COMPONENTS GENERALLY.—(1) Sub-
title E, as added by section 101, is amended by inserting
after the table of chapters at the beginning of the sub-
title the following:
127
‘‘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
‘‘CHAPTER 1001—DEFINITIONS
‘‘Sec.
‘‘10001. Definition of State.
‘‘§ 10001. Definition of State
‘‘In this subtitle, the term ‘State’ includes the Dis-
trict of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, and Guam.
‘‘CHAPTER 1003—RESERVE COMPONENTS
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.
‘‘§ 10101. Reserve components named
‘‘The reserve components of the armed forces are:
128
‘‘(1) The Army National Guard of the United
States.
‘‘(2) The Army Reserve.
‘‘(3) The Naval Reserve.
‘‘(4) The Marine Corps Reserve.
‘‘(5) The Air National Guard of the United
States.
‘‘(6) The Air Force Reserve.
‘‘(7) The Coast Guard Reserve.
‘‘§ 10102. Purpose of reserve components
‘‘The purpose of each reserve component is to provide
trained units and qualified persons available for active
duty in the armed forces, in time of war or national emer-
gency, and at such other times as the national security
may require, to fill the needs of the armed forces when-
ever, during and after the period needed to procure and
train additional units and qualified persons to achieve the
planned mobilization, more units and persons are need-
ed than are in the regular components.
‘‘§ 10103. Basic policy for order of the National Guard
and reserve components to active duty
‘‘Whenever Congress determines that more units and
organizations are needed for the national security than are
in the regular components of the ground and air forces,
the Army National Guard of the United States and the
129
Air National Guard of the United States, or such parts
of them as are needed, together with units of other reserve
components necessary for a balanced force, shall be or-
dered to active duty and retained as long as so needed.
‘‘§ 10104. Army Reserve: composition
‘‘The Army Reserve includes all Reserves of the Army
who are not members of the Army National Guard of the
United States.
‘‘§ 10105. Army National Guard of the United States:
composition
‘‘The Army National Guard of the United States is
the reserve component of the Army that consists of—
‘‘(1) federally recognized units and organiza-
tions of the Army National Guard; and
‘‘(2) members of the Army National Guard who
are also Reserves of the Army.
‘‘§ 10106. Army National Guard: when a component of
the Army
‘‘The Army National Guard while in the service of
the United States is a component of the Army.
‘‘§ 10107. Army National Guard of the United States:
status when not in Federal service
‘‘When not on active duty, members of the Army Na-
tional Guard of the United States shall be administered,
130
armed, equipped, and trained in their status as members
of the Army National Guard.
‘‘§ 10108. Naval Reserve: administration
‘‘(a) The Naval Reserve is the reserve component of
the Navy. It shall be organized, administered, trained, and
supplied under the direction of the Chief of Naval Oper-
ations.
‘‘(b) The bureaus and offices of the executive part
of the Department of the Navy have the same relation and
responsibility to the Naval Reserve as they do to the Regu-
lar Navy.
‘‘§ 10109. Marine Corps Reserve: administration
‘‘(a) The Marine Corps Reserve is the reserve compo-
nent of the Marine Corps. It shall be organized, adminis-
tered, trained, and supplied under the direction of the
Commandant of the Marine Corps.
‘‘(b) The departments and offices of Headquarters,
Marine Corps have the same relation and responsibilities
to the Marine Corps Reserve as they do to the Regular
Marine Corps.
‘‘§ 10110. Air Force Reserve: composition
‘‘The Air Force Reserve is a reserve component of
the Air Force to provide a reserve for active duty. It con-
sists of the members of the officers’ section of the Air
Force Reserve and of the enlisted section of the Air Force
131
Reserve. It includes all Reserves of the Air Force who are
not members of the Air National Guard of the United
States.
‘‘§ 10111. Air National Guard of the United States:
composition
‘‘The Air National Guard of the United States is the
reserve component of the Air Force that consists of—
‘‘(1) federally recognized units and organiza-
tions of the Air National Guard; and
‘‘(2) members of the Air National Guard who
are also Reserves of the Air Force.
‘‘§ 10112. Air National Guard: when a component of
the Air Force
‘‘The Air National Guard while in the service of the
United States is a component of the Air Force.
‘‘§ 10113. Air National Guard of the United States: sta-
tus when not in Federal service
‘‘When not on active duty, members of the Air Na-
tional Guard of the United States shall be administered,
armed, equipped, and trained in their status as members
of the Air National Guard.
‘‘§ 10114. Coast Guard Reserve
‘‘As provided in section 701 of title 14, the Coast
Guard Reserve is a component of the Coast Guard and
is organized, administered, trained, and supplied under
132
the direction of the Commandant of the Coast Guard.
Laws applicable to the Coast Guard Reserve are set forth
in chapter 21 of title 14 (14 U.S.C. 701 et seq.).
‘‘CHAPTER 1005—ELEMENTS OF RESERVE
COMPONENTS
‘‘Sec.
‘‘10141. Ready Reserve; Standby Reserve; Retired Reserve: placement and sta-
tus 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.
‘‘§ 10141. Ready Reserve; Standby Reserve; Retired
Reserve: 
placement 
and 
status 
of
members; training categories
‘‘(a) There are in each armed force a Ready Reserve,
a Standby Reserve, and a Retired Reserve. Each Reserve
shall be placed in one of those categories.
‘‘(b) Reserves who are on the inactive status list of
a reserve component, or who are assigned to the inactive
Army National Guard or the inactive Air National Guard,
are in an inactive status. Members in the Retired Reserve
are in a retired status. All other Reserves are in an active
status.
133
‘‘(c) As prescribed by the Secretary concerned, each
reserve component except the Army National Guard of the
United States and the Air National Guard of the United
States shall be divided into training categories according
to the degrees of training, including the number and dura-
tion of drills or equivalent duties to be completed in stated
periods. The designation of training categories shall be the
same for all armed forces and the same within the Ready
Reserve and the Standby Reserve.
‘‘§ 10142. Ready Reserve
‘‘(a) The Ready Reserve consists of units or Reserves,
or both, liable for active duty as provided in sections
12301 and 12302 of this title.
‘‘(b) The authorized strength of the Ready Reserve
is 2,900,000.
‘‘§ 10143. Ready Reserve: Selected Reserve
‘‘(a) Within the Ready Reserve of each of the reserve
components there is a Selected Reserve. The Selected Re-
serve consists of units, and, as designated by the Secretary
concerned, of Reserves, trained as prescribed in section
10147(a)(1) of this title or section 502(a) of title 32, as
appropriate.
‘‘(b) The organization and unit structure of the Se-
lected Reserve shall be approved—
134
‘‘(1) in the case of all reserve components other
than the Coast Guard Reserve, by the Secretary of
Defense based upon recommendations from the mili-
tary departments as approved by the Chairman of
the Joint Chiefs of Staff in accordance with contin-
gency and war plans; and
‘‘(2) in the case of the Coast Guard Reserve, by
the Secretary of Transportation upon the rec-
ommendation of the Commandant of the Coast
Guard.
‘‘§ 10144. Ready Reserve: Individual Ready Reserve
‘‘Within the Ready Reserve of each of the reserve
components there is an Individual Ready Reserve. The In-
dividual Ready Reserve consists of those members of the
Ready Reserve who are not in the Selected Reserve or the
inactive National Guard.
‘‘§ 10145. Ready Reserve: placement in
‘‘(a) Each person required under law to serve in a
reserve component shall, upon becoming a member, be
placed in the Ready Reserve of his armed force for his
prescribed term of service, unless he is transferred to the
Standby Reserve under section 10146(a) of this title.
‘‘(b) The units and members of the Army National
Guard of the United States and of the Air National Guard
135
of the United States are in the Ready Reserve of the Army
and the Ready Reserve of the Air Force, respectively.
‘‘(c) All Reserves assigned to units organized to serve
as units and designated as units in the Ready Reserve are
in the Ready Reserve.
‘‘(d) Under such regulations as the Secretary con-
cerned may prescribe, any qualified member of a reserve
component or any qualified retired enlisted member of a
regular component may, upon his request, be placed in the
Ready Reserve. However, a member of the Retired Reserve
entitled to retired pay or a retired enlisted member of a
regular component may not be placed in the Ready Re-
serve unless the Secretary concerned makes a special find-
ing that the member’s services in the Ready Reserve are
indispensable. The Secretary concerned may not delegate
his authority under the preceding sentence.
‘‘§ 10146. Ready Reserve: transfer from
‘‘(a) Subject to subsection (c) and under regulations
prescribed by the Secretary of Defense, or by the Sec-
retary of Transportation with respect to the Coast Guard
when it is not operating as a service in the Navy, a mem-
ber in the Ready Reserve may be transferred to the Stand-
by Reserve.
‘‘(b) A Reserve who is qualified and so requests may
be transferred to the Retired Reserve under regulations
136
prescribed by the Secretary concerned and, in the case of
the Secretary of a military department, approved by the
Secretary of Defense.
‘‘(c) A member of the Army National Guard of the
United States or the Air National Guard of the United
States may be transferred to the Standby Reserve only
with the consent of the governor or other appropriate au-
thority of the State.
‘‘§ 10147. Ready Reserve: training requirements
‘‘(a) Except as specifically provided in regulations to
be prescribed by the Secretary of Defense, or by the Sec-
retary of Transportation with respect to the Coast Guard
when it is not operating as a service in the Navy, each
person who is enlisted, inducted, or appointed in an armed
force, and who becomes a member of the Ready Reserve
under any provision of law except section 513 or 10145(b)
of this title, shall be required, while in the Ready Reserve,
to—
‘‘(1) participate in at least 48 scheduled drills
or training periods during each year and serve on
active duty for training of not less than 14 days (ex-
clusive of traveltime) during each year; or
‘‘(2) serve on active duty for training not more
than 30 days during each year.