137
‘‘(b) A member who has served on active duty for
one year or longer may not be required to perform a period
of active duty for training if the first day of that period
falls during the last 120 days of the member’s required
membership in the Ready Reserve.
‘‘§ 10148. Ready Reserve: failure to satisfactorily per-
form prescribed training
‘‘(a) A member of the Ready Reserve covered by sec-
tion 10147 of this title who fails in any year to perform
satisfactorily the training duty prescribed in that section,
as determined by the Secretary concerned under regula-
tions prescribed by the Secretary of Defense, may be or-
dered without his consent to perform additional active
duty for training for not more than 45 days. If the failure
occurs during the last year of his required membership
in the Ready Reserve, his membership is extended until
he performs that additional active duty for training, but
not for more than six months.
‘‘(b) A member of the Army National Guard of the
United States or the Air National Guard of the United
States who fails in any year to perform satisfactorily the
training duty prescribed by or under law for members of
the Army National Guard or the Air National Guard, as
the case may be, as determined by the Secretary con-
cerned, may, upon the request of the Governor of the State
138
(or, in the case of the District of Columbia, the command-
ing general of the District of Columbia National Guard)
be ordered, without his consent, to perform additional ac-
tive duty for training for not more than 45 days. A mem-
ber ordered to active duty under this subsection shall be
ordered to duty as a Reserve of the Army or as a Reserve
of the Air Force, as the case may be.
‘‘§ 10149. Ready Reserve: continuous screening
‘‘(a) Under regulations to be prescribed by the Presi-
dent, the Secretary concerned shall provide a system of
continuous screening of units and members of the Ready
Reserve to ensure the following:
‘‘(1) That there will be no significant attrition
of those members or units during a mobilization.
‘‘(2) That there is a proper balance of military
skills.
‘‘(3) That except for those with military skills
for which there is an overriding requirement, mem-
bers having critical civilian skills are not retained in
numbers beyond the need for those skills.
‘‘(4) That with due regard to national security
and military requirements, recognition will be given
to participation in combat.
‘‘(5) That members whose mobilization in an
emergency would result in an extreme personal or
139
community
hardship
are
not
retained
in
the
Ready Reserve.
‘‘(b) Under regulations to be prescribed by the Sec-
retary of Defense, and by the Secretary of Transportation
with respect to the Coast Guard when it is not operating
as a service in the Navy, a member of the Ready Reserve
who is designated as a member not to be retained in the
Ready Reserve as a result of screening under subsection
(a) shall, as appropriate, be—
‘‘(1) transferred to the Standby Reserve;
‘‘(2) discharged; or
‘‘(3) if the member is eligible and applies there-
for, transferred to the Retired Reserve.
‘‘§ 10150. Ready Reserve: transfer back from Standby
Reserve
‘‘Under regulations to be prescribed by the Secretary
of Defense, and by the Secretary of Transportation with
respect to the Coast Guard when it is not operating as
a service in the Navy, a member of the Standby Reserve
who has not completed his required period of service in
the Ready Reserve may be transferred to the Ready Re-
serve when the reason for his transfer to the Standby Re-
serve no longer exists.
140
‘‘§ 10151. Standby Reserve: composition
‘‘The Standby Reserve consists of those units or
members, or both, of the reserve components, other than
those in the Ready Reserve or Retired Reserve, who are
liable for active duty only as provided in sections 12301
and 12306 of this title.
‘‘§ 10152. Standby Reserve: inactive status list
‘‘(a) An inactive status list shall be maintained in the
Standby Reserve. Whenever an authority designated by
the Secretary concerned considers that it is in the best
interest of the armed force concerned, a member in the
Standby Reserve who is not required to remain a Reserve,
and who cannot participate in prescribed training, may,
if qualified, be transferred to the inactive status list under
regulations to be prescribed by the Secretary concerned.
These regulations shall fix the conditions under which
such a member is entitled to be returned to an active
status.
‘‘§ 10153. Standby Reserve: status of members
‘‘While in an inactive status, a Reserve is not eligible
for pay or promotion and (as provided in section 12734(a)
of this title) does not accrue credit for years of service
under chapter 1223 of this title.
‘‘§ 10154. Retired Reserve
‘‘The Retired Reserve consists of the following
Reserves:
141
‘‘(1) Reserves who are or have been retired
under section 3911, 6323, or 8911 of this title or
under section 291 of title 14.
‘‘(2) Reserves who have been transferred to the
Retired Reserve upon their request, retain their
status as Reserves, and are otherwise qualified.
‘‘CHAPTER 1007—ADMINISTRATION OF RESERVE
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.
‘‘§ 10201. Assistant Secretary of Defense for Reserve
Affairs
‘‘As provided in section 136(b)(2) of this title, the
official in the Department of Defense with responsibility
for overall supervision of reserve component affairs of the
Department of Defense is the Assistant Secretary of
Defense for Reserve Affairs.
142
‘‘§ 10202. Regulations
‘‘(a) Subject to standards, policies, and procedures
prescribed by the Secretary of Defense, the Secretary of
each military department shall prescribe such regulations
as the Secretary considers necessary to carry out provi-
sions of law relating to the reserve components under
the Secretary’s jurisdiction.
‘‘(b) The Secretary of Transportation, with the con-
currence of the Secretary of the Navy, shall prescribe such
regulations as the Secretary considers necessary to carry
out all provisions of law relating to the reserve components
insofar as they relate to the Coast Guard, except when
the Coast Guard is operating as a service in the Navy.
‘‘(c) So far as practicable, regulations for all reserve
components shall be uniform.
‘‘§ 10203. Reserve affairs: designation of general or
flag officer of each armed force
‘‘(a) The Secretary of the Army may designate a gen-
eral officer of the Army to be directly responsible for
reserve affairs to the Chief of Staff of the Army.
‘‘(b) The Secretary of the Navy may designate a flag
officer of the Navy to be directly responsible for reserve
affairs to the Chief of Naval Operations and a general offi-
cer of the Marine Corps to be directly responsible for re-
serve affairs to the Commandant of the Marine Corps.
143
‘‘(c) The Secretary of the Air Force may designate
a general officer of the Air Force to be directly responsible
for reserve affairs to the Chief of Staff of the Air Force.
‘‘(d) The Secretary of Transportation may designate
a flag officer of the Coast Guard to be directly responsible
for reserve affairs to the Commandant of the Coast Guard.
‘‘(e) This section does not affect the functions of the
Chief of the National Guard Bureau, the Chief of Army
Reserve, or the Chief of Air Force Reserve.
‘‘§ 10204. Personnel records
‘‘(a) The Secretary concerned shall maintain ade-
quate and current personnel records of each member of
the reserve components under the Secretary’s jurisdiction
showing the following with respect to the member:
‘‘(1) Physical condition.
‘‘(2) Dependency status.
‘‘(3) Military qualifications.
‘‘(4) Civilian occupational skills.
‘‘(5) Availability for service.
‘‘(6) Such other information as the Secretary
concerned may prescribe.
‘‘(b) Under regulations to be prescribed by the Sec-
retary of Defense, the Secretary of each military depart-
ment shall maintain a record of the number of members
of each class of each reserve component who, during each
144
fiscal year, have participated satisfactorily in active duty
for training and inactive duty training with pay.
‘‘§ 10205. Members of Ready Reserve: requirement of
notification of change of status
‘‘(a) Each member of the Ready Reserve shall notify
the Secretary concerned of any change in the member’s
address, marital status, number of dependents, or civilian
employment and of any change in the member’s physical
condition that would prevent the member from meeting
the physical or mental standards prescribed for the mem-
ber’s armed force.
‘‘(b) This section shall be administered under regula-
tions prescribed by the Secretary of Defense and by the
Secretary of Transportation with respect to the Coast
Guard when it is not operating as a service in the Navy.
‘‘§ 10206. Members: periodic physical examinations
‘‘(a) Each member of the Ready Reserve who is not
on active duty shall—
‘‘(1) be examined as to his physical fitness
every four years, or more often as the Secretary con-
cerned considers necessary; and
‘‘(2) execute and submit annually to the Sec-
retary concerned a certificate of physical condition.
Each Reserve in an active status, or on an inactive status
list, who is not on active duty shall execute and submit
145
annually to the Secretary concerned a certificate of phys-
ical condition.
‘‘(b) The kind of duty to which a Reserve ordered
to active duty may be assigned shall be considered in de-
termining physical qualifications for active duty.
‘‘§ 10207. Mobilization forces: maintenance
‘‘(a) Whenever units or members of the reserve com-
ponents are ordered to active duty (other than for train-
ing) during a period of partial mobilization, the Secretary
concerned shall continue to maintain mobilization forces
by planning and budgeting for the continued organization
and training of the reserve components not mobilized, and
make the fullest practicable use of the Federal facilities
vacated by mobilized units, consistent with approved joint
mobilization plans.
‘‘(b) In this section, the term ‘partial mobilization’
means the mobilization resulting from action by Congress
or the President, under any law, to bring units of any re-
serve component, and members not assigned to units orga-
nized to serve as units, to active duty for a limited expan-
sion of the active armed forces.
‘‘§ 10208. Annual mobilization exercise
‘‘(a) The Secretary of Defense shall conduct at least
one major mobilization exercise each year. The exercise
should be as comprehensive and as realistic as possible
146
and should include the participation of associated active
component and reserve component units.
‘‘(b) The Secretary shall maintain a plan to test peri-
odically each active component and reserve component
unit based in the United States and all interactions of
such units, as well as the sustainment of the forces mobi-
lized as part of the exercise, with the objective of permit-
ting an evaluation of the adequacy of resource allocation
and planning.
‘‘§ 10209. Regular and reserve components: discrimi-
nation prohibited
‘‘Laws applying to both Regulars and Reserves shall
be administered without discrimination—
‘‘(1) among Regulars;
‘‘(2) among Reserves; and
‘‘(3) between Regulars and Reserves.
‘‘§ 10210. Dissemination of information
‘‘The Secretary of Defense shall require the complete
and current dissemination, to all Reserves and to the pub-
lic, of information of interest to the reserve components.
‘‘§ 10211. Policies and regulations: participation of
Reserve officers in preparation and ad-
ministration
‘‘Within such numbers and in such grades and as-
signments as the Secretary concerned may prescribe, each
147
armed force shall have officers of its reserve components
on active duty (other than for training) at the seat of gov-
ernment, and at headquarters responsible for reserve af-
fairs, to participate in preparing and administering the
policies and regulations affecting those reserve compo-
nents. While so serving, such an officer is an additional
number of any staff with which he is serving.
‘‘§ 10212. Reserve components: dual membership pro-
hibited
‘‘Except as otherwise provided in this title, no person
may be a member of more than one reserve component
at the same time.
‘‘§ 10213. Adjutants general and assistant adjutants
general: reference to other officers of Na-
tional Guard
‘‘In any case in which, under the laws of a State,
an officer of the National Guard of that jurisdiction, other
than the adjutant general or an assistant adjutant gen-
eral, normally performs the duties of that office, the ref-
erences in sections 12004(b)(1), 12215, 12642(c),
14507(b), 14508(e), and 14512 of this title to the adju-
tant general or the assistant adjutant general shall be ap-
plied to that officer instead of to the adjutant general or
assistant adjutant general.
148
‘‘§ 10214. Officers of Army National Guard of the
United States and Air National Guard of
the United States: authority with respect
to Federal status
‘‘(a)(1) Officers of the Army National Guard of the
United States who are not on active duty—
‘‘(A) may order members of the Army National
Guard of the United States to active duty for train-
ing under section 12301(d) of this title; and
‘‘(B) with the approval of the Secretary of the
Air Force, may order members of the Air National
Guard of the United States to active duty for train-
ing under that section.
‘‘(2) Officers of the Air National Guard of the United
States who are not on active duty—
‘‘(A) may order members of the Air National
Guard of the United States to active duty for train-
ing under section 12301(d) of this title; and
‘‘(B) with the approval of the Secretary of the
Army, may order members of the Army National
Guard of the United States to active duty for train-
ing under that section.
‘‘(b) Officers of the Army National Guard of the
United States or the Air National Guard of the United
States who are not on active duty—
149
‘‘(1) may enlist, reenlist, or extend the enlist-
ments of persons as Reserves of the Army or Re-
serves of the Air Force for service in the Army
National Guard of the United States or the Air Na-
tional Guard of the United States, as the case may
be; and
‘‘(2) with respect to their Federal status, may
promote or discharge persons enlisted or reenlisted
as Reserves of the Army or Reserves of the Air
Force for that service.
‘‘(c) This section shall be carried out under regula-
tions prescribed by the Secretary of the Army, with re-
spect to matters concerning the Army, and by the
Secretary of the Air Force, with respect to matters con-
cerning the Air Force.’’.
(2)(A) Sections 261 through 265 and 267 through
281 are repealed.
(B) Chapter 11 is amended by striking out the table
of sections at the beginning and inserting in lieu thereof
the following:
‘‘Sec.
‘‘261. Reference to chapters 1003, 1005, and 1007.
‘‘§ 261. Reference to chapters 1003, 1005, and 1007
‘‘Provisions of law relating to the reserve components
generally, including provisions relating to the organization
and administration of the reserve components, are set
150
forth in chapter 1003 (beginning with section 10101),
chapter 1005 (beginning with section 10141), and chapter
1007 (beginning with section 10201) of this title.’’.
(3)(A) Chapter 519 and sections 652, 2001, 3076
through 3080, and 8076 through 8080 are repealed.
(B) Section 552(e) of Public Law 98–525 is repealed.
(4) Section 1004 is amended—
(A) by striking out subsections (a) and (b); and
(B) by striking out ‘‘(c)’’ before ‘‘Except as
otherwise provided’’.
(5)(A) Section 10147(a), as added by paragraph (1),
applies only to persons who were inducted, enlisted, or ap-
pointed in an armed force after August 9, 1955.
(B) Section 10148(b), as added by paragraph (1), ap-
plies only to persons who became members of the Army
National Guard of the United States or the Air National
Guard of the United States after October 4, 1961.
(b) BOARDS AND COMMITTEES.—(1) Part I of sub-
title E (as added by subsection (a)) is amended by adding
at the end the following:
‘‘CHAPTER 1009—RESERVE FORCES POLICY
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.
151
‘‘§ 10301. Reserve Forces Policy Board
‘‘(a) There is in the Office of the Secretary of De-
fense a Reserve Forces Policy Board. The Board consists
of the following:
‘‘(1) A civilian chairman appointed by the Sec-
retary of Defense.
‘‘(2) The Assistant Secretary of the Army for
Manpower and Reserve Affairs, the Assistant Sec-
retary of the Navy for Manpower and Reserve Af-
fairs, and the Assistant Secretary of the Air Force
for Manpower and Reserve Affairs.
‘‘(3) An officer of the Regular Army designated
by the Secretary of the Army.
‘‘(4) An officer of the Regular Navy or Regular
Marine Corps designated by the Secretary of the
Navy.
‘‘(5) An officer of the Regular Air Force des-
ignated by the Secretary of the Air Force.
‘‘(6) Four reserve officers designated by the
Secretary of Defense upon the recommendation of
the Secretary of the Army, two of whom must be
members of the Army National Guard of the United
States, and two of whom must be members of the
Army Reserve.
‘‘(7) Four reserve officers designated by the
Secretary of Defense upon the recommendation of
152
the Secretary of the Navy, two of whom must be
members of the Naval Reserve, and two of whom
must be members of the Marine Corps Reserve.
‘‘(8) Four reserve officers designated by the
Secretary of Defense upon the recommendation of
the Secretary of the Air Force, two of whom must
be members of the Air National Guard of the United
States, and two of whom must be members of the
Air Force Reserve.
‘‘(9) A reserve officer of the Army, Navy, Air
Force, or Marine Corps who is a general officer or
flag officer designated by the Chairman of the
Board with the approval of the Secretary of Defense,
and who serves without vote as military adviser to
the Chairman and as executive officer of the Board.
‘‘(b) Whenever the Coast Guard is not operating as
a service in the Navy, the Secretary of Transportation
may designate two officers of the Coast Guard, Regular
or Reserve, to serve as voting members of the Board.
‘‘(c) The Board, acting through the Assistant
Secretary of Defense for Reserve Affairs, is the principal
policy adviser to the Secretary of Defense on matters
relating to the reserve components.
153
‘‘(d) This section does not affect the committees on
reserve policies prescribed within the military departments
by sections 10302 through 10305 of this title.
‘‘(e) A member of a committee or board prescribed
under a section listed in subsection (d) may, if otherwise
eligible, be a member of the Reserve Forces Policy Board.
‘‘(f) The Board shall act on those matters referred
to it by the Chairman and, in addition, on any matter
raised by a member of the Board.
‘‘§ 10303. Naval Reserve Policy Board
‘‘A Naval Reserve Policy Board shall be convened at
least once annually at the seat of government to consider,
recommend, and report to the Secretary of the Navy on
reserve policy matters. At least half of the members of
the Board must be officers of the Naval Reserve.
‘‘§ 10304. Marine Corps Reserve Policy Board
‘‘A Marine Corps Reserve Policy Board shall be con-
vened at least once annually at the seat of government
to consider, recommend, and report to the Secretary of
the Navy on reserve policy matters. At least half of the
members of the Board must be officers of the Marine
Corps Reserve.’’.
(2)(A) Section 3021 is transferred to chapter 1009
(as added by paragraph (1)), inserted after section 10301,
and redesignated as section 10302.
154
(B) Section 8021 is transferred to chapter 1009 (as
added by paragraph (1)), inserted after section 10304,
and redesignated as section 10305.
(3) The text of section 175 is amended to read as
follows:
‘‘There is in the Office of the Secretary of Defense
a Reserve Forces Policy Board. The functions, member-
ship, and organization of that board are set forth in sec-
tion 10301 of this title.’’.
(4)(A) Chapter 303 (as amended by paragraph
(2)(A)) is amended by adding at the end the following:
‘‘§ 3021. Army Reserve Forces Policy Committee
‘‘There is in the Office of the Secretary of the Army
an Army Reserve Forces Policy Committee. The functions,
membership, and organization of that committee are set
forth in section 10302 of this title.’’.
(B) Chapter 803 (as amended by paragraph (2)(B))
is amended by adding at the end the following:
‘‘§ 8021. Air Force Reserve Forces Policy Committee
‘‘There is in the Office of the Secretary of the Air
Force an Air Force Reserve Forces Policy Committee. The
functions, membership, and organization of that commit-
tee are set forth in section 10305 of this title.’’.
(c) NATIONAL GUARD BUREAU.—(1) Part I of sub-
title E, as added by subsection (a), is amended by adding
155
after chapter 1009, as added by subsection (b), the
following:
‘‘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.
‘‘§ 10501. National Guard Bureau: organization; func-
tion
‘‘There is a National Guard Bureau, which is a joint
bureau of the Department of the Army and the Depart-
ment of the Air Force. The National Guard Bureau is the
channel of communication between the departments con-
cerned and the several States, Territories, Puerto Rico,
and the District of Columbia on all matters pertaining to
the National Guard, the Army National Guard of the
United States, and the Air National Guard of the United
States.
‘‘§ 10502. Chief of Bureau: appointment
‘‘(a) CHIEF.—The National Guard Bureau is headed
by a chief who is the adviser to the Army Chief of Staff
and the Air Force Chief of Staff on National Guard
matters.
‘‘(b) APPOINTMENT.—The President, by and with the
advice and consent of the Senate, shall appoint the Chief
of the Bureau from officers of the Army National Guard
156
of the United States or the Air National Guard of the
United States who—
‘‘(1) have been recommended by their respective
governors;
‘‘(2) have had at least 10 years of commis-
sioned service in the active National Guard; and
‘‘(3) are in a grade above lieutenant colonel.
‘‘§ 10503. Chief of Bureau: term of office; grade; filling
vacancy
‘‘(a) TERM OF OFFICE.—The Chief of the National
Guard Bureau holds office for four years, but may be re-
moved for cause at any time. An officer may not hold the
office of Chief of the Bureau after attaining 64 years of
age. He is eligible to succeed himself. While holding that
office, the Chief of the Bureau may not be removed from
the reserve active-status list, or from an active status,
under any provision of law that otherwise would require
such removal due to completion of a specified number of
years of service or a specified number of years of service
in grade.
‘‘(b) GRADE WHILE SERVING.—If an officer ap-
pointed as Chief of the National Guard Bureau holds a
lower reserve grade, the officer shall be appointed as a
Reserve in his armed force in the grade of major general
for service in the Army National Guard of the United
157
States or the Air National Guard of the United States,
as the case may be, while serving as Chief of the Bureau.
‘‘(c) DISABILITY; VACANCY.—If the Chief of the Bu-
reau is unable, because of disability, to perform the func-
tions of his office, or if that office is vacant, the senior
officer of the Army National Guard of the United States
or the Air National Guard of the United States on duty
in the Bureau shall act as its chief until the disability
ceases or a successor is appointed.
‘‘§ 10504. National Guard Bureau: assignment of offi-
cers of regular or reserve components
‘‘Except as provided in section 12402(b) of this title,
the President may assign to duty in the National Guard
Bureau as many regular or reserve officers of the Army
and the Air Force as he considers necessary.’’.
(2) Sections 3040, 3541, and 8541 are repealed.
(d) ANNUAL REPORT
ON GUARD
AND RESERVE
EQUIPMENT.—(1) Part I of subtitle E, as added by sub-
section (a), is amended by adding after chapter 1011, as
added by subsection (c), the following:
‘‘CHAPTER 1013—BUDGET INFORMATION AND
ANNUAL REPORTS TO CONGRESS
‘‘Sec.
‘‘10541. National Guard and reserve component equipment: annual report to
Congress.’’.
158
(2) Section 115b is transferred to chapter 1013, as
added by paragraph (1), inserted after the table of sec-
tions, and redesignated as section 10541.
(3) The heading of that section is amended to read
as follows:
‘‘§ 10541. National Guard and reserve component
equipment: annual report to Congress’’.
SEC. 302. LAWS RELATING TO RESERVE COMPONENT PER-
SONNEL POLICY.
(a) STRENGTH AND DISTRIBUTION IN GRADE.—(1)
Subtitle E, as added by section 101, is amended by insert-
ing after part I of such subtitle, as added by section 301,
the following:
‘‘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
‘‘CHAPTER 1201—AUTHORIZED STRENGTHS AND
DISTRIBUTION IN GRADE
‘‘Sec.
‘‘12001. Authorized strengths: reserve components.
‘‘12002. Authorized strengths: Army and Air Force reserve components, exclu-
sive of members on active duty.
‘‘12003. Authorized strengths: commissioned officers active status.
159
‘‘12004. Strength in grade: reserve general and flag officers in an active status.
‘‘12005. Strength in grade: commissioned officers in grades below brigadier gen-
eral 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 re-
serves or the National Guard.
‘‘§ 12001. Authorized strengths: reserve components
‘‘(a) Whenever the authorized strength of a reserve
component (other than the Coast Guard Reserve) is not
prescribed by law, it shall be prescribed by the President.
‘‘(b) Subject to the authorized strength of the reserve
component concerned, the authorized strength of each re-
serve component (other than the Coast Guard Reserve)
in members in each grade is that which the Secretary con-
cerned determines to be necessary to provide for mobiliza-
tion requirements. The Secretary shall review these deter-
minations at least once each year and revise them if he
considers it necessary. However, a member of the reserve
component concerned may not, as a result of such a deter-
mination, be reduced in the member’s reserve grade with-
out the member’s consent.
160
‘‘§ 12002. Authorized strengths: Army and Air Force
reserve components, exclusive of mem-
bers on active duty
‘‘(a) The authorized strengths of the National Guard
and the reserve components of the Army and the Air
Force, exclusive of members who are included in the
strengths authorized for members of the Army and Air
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.
‘‘(b) The strength authorized by this section for the
Army National Guard and the Army National Guard of
the United States, and the strength authorized by this sec-
tion for the Air National Guard and the Air National
Guard of the United States, shall be allocated among the
States.
‘‘§ 12003. Authorized strengths: commissioned offi-
cers in an active status
‘‘(a) The authorized strengths of the Army, Navy, Air
Force, and Marine Corps in reserve commissioned officers,
other than commissioned warrant officers and officers on
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.
161
‘‘(b) The authorized strengths prescribed by sub-
section (a) may not be exceeded unless—
‘‘(1) the Secretary concerned determines that a
greater number is necessary for planned mobilization
requirements; or
‘‘(2) the excess results directly from the oper-
ation of a nondiscretionary provision of law.
‘‘§ 12004. Strength in grade: reserve general and flag
officers in an active status
‘‘(a) The authorized strengths of the Army, Air
Force, and Marine Corps in reserve general officers in an
active status, and the authorized strength of the Navy in
reserve officers in the grades of rear admiral (lower half)
and rear admiral in an active-status, are as follows:
‘‘Army ......................................................................................
207
‘‘Air Force ................................................................................
157
‘‘Navy .......................................................................................
‘‘Marine Corps .........................................................................
10.
‘‘(b) The following Army and Air Force reserve offi-
cers shall not be counted for purposes of this section:
‘‘(1) Those serving as adjutants general or as-
sistant adjutants general of a State.
‘‘(2) Those serving in the National Guard
Bureau.
‘‘(3) Those counted under section 526 of this
title.
162
‘‘(c)(1) The authorized strength of the Navy under
subsection (a) is exclusive of officers counted under section
526 of this title. Of the number authorized under sub-
section (a), 39 are distributed among the line and the staff
corps as follows:
‘‘Line ..............................................................................................
‘‘Medical Corps ...............................................................................
‘‘Chaplain Corps .............................................................................
‘‘Judge Advocate General’s Corps .................................................
‘‘Dental Corps ................................................................................
2.
‘‘Nurse Corps .................................................................................
1.
‘‘Medical Service Corps ..................................................................
1.
‘‘(2) The remaining authorizations for the Navy
under subsection (a) shall be distributed among such other
staff corps as are established by the Secretary of the Navy
under the authority provided by section 5150(b) of this
title, except that—
‘‘(A) if the Secretary has established a Supply
Corps, the authorized strength for the Supply Corps
shall be seven; and
‘‘(B) if the Secretary has established a Civil
Engineering Corps, the authorized strength for the
Civil Engineering Corps shall be two.
‘‘(3) Not more than 50 percent of the officers in an
active status authorized under this section for the Navy
may serve in the grade of rear admiral.
‘‘(d) The authorized strength of the Marine Corps
under subsection (a) is exclusive of those counted under
section 526 of this title.
163
‘‘(e)(1) A reserve general officer of the Army or Air
Force may not be reduced in grade because of a reduction
in the number of general officers authorized under
subsection (a).
‘‘(2) An officer of the Naval Reserve or the Marine
Corps Reserve may not be reduced in permanent grade
because of a reduction in the number authorized by this
section for his grade.
‘‘§ 12005. Strength in grade: commissioned officers in
grades below brigadier general or rear
admiral (lower half) in an active status
‘‘(a)(1) Subject to paragraph (2), the authorized
strength of the Army and the Air Force in reserve commis-
sioned officers in an active status in each grade named
in paragraph (2) is as prescribed by the Secretary of the
Army or the Secretary of the Air Force, respectively. A
vacancy in any grade may be filled by an authorized ap-
pointment in any lower grade.
‘‘(2) A strength prescribed by the Secretary con-
cerned under paragraph (1) for a grade may not be higher
than the percentage of the strength authorized for the
Army or the Air Force, as the case may be, under section
12003 of this title that is specified for that grade as
follows:
164
Grade
Army per-
centage
Air Force
percentage
Colonel ......................................................................
1.8
Lieutenant colonel ....................................................
4.6
Major ........................................................................
14.0
Captain .....................................................................
32.0
First lieutenant and second lieutenant (when com-
bined with the number authorized for general of-
ficer grades under section 12004 of this title) .....
47.6
‘‘(b)(1) The authorized strengths of the Naval Re-
serve in line officers in an active status in the grades of
captain, commander, lieutenant commander, and lieuten-
ant, and in the grades of lieutenant (junior grade) and
ensign combined, are the following percentages of the total
authorized number of those officers:
‘‘Captain ...................................................................................
1.5 percent
‘‘Commander .............................................................................
percent
‘‘Lieutenant commander ...........................................................
percent
‘‘Lieutenant ..............................................................................
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.
‘‘(2) When the actual number of line officers in an
active status in any grade is less than the number author-
ized by paragraph (1) for that grade, the difference may
be applied to increase the number authorized by that para-
graph for any lower grade or grades.
‘‘(c)(1) The authorized strengths of the Marine Corps
Reserve in officers in an active status in the grades of
colonel, lieutenant colonel, major, and captain, and in the
grades of first lieutenant and second lieutenant combined,
are the following percentages of the total authorized num-
ber of those officers:
165
‘‘Colonel ....................................................................................
percent
‘‘Lieutenant colonel ..................................................................
percent
‘‘Major ......................................................................................
percent
‘‘Captain ...................................................................................
percent
‘‘First lieutenant and second lieutenant (when combined with
the number authorized for general officer grades under sec-
tion 12004 of this title) ........................................................
32.5 percent.
‘‘(2) When the actual number of officers in an active
status in any grade is less than the number authorized
by paragraph (1) for that grade, the difference may be
applied to increase the number authorized by that para-
graph for any lower grade or grades.
‘‘(d)(1) An officer of the Army or Air Force may not
be reduced in grade because of a reduction in the number
of commissioned officers authorized for the officer’s grade
under this section.
‘‘(2) An officer of the Naval Reserve or the Marine
Corps Reserve may not be reduced in permanent grade
because of a reduction in the number authorized by this
section for his grade.
‘‘§ 12006. Strength limitations: authority to waive in
time of war or national emergency
‘‘(a) In time of war, or of national emergency de-
clared by Congress or the President, the President may
suspend the operation of any provision of section 12003,
12004, or 12005 of this title. So long as any such war
or national emergency continues, any such suspension may
be extended by the President.
166
‘‘(b) Any suspension under subsection (a) shall, if not
sooner ended, end on the last day of the two-year period
beginning on the date on which the suspension (or the last
extension thereof) takes effect or on the last day of the
one-year period beginning on the date of the termination
of the war or national emergency, whichever occurs first.
With respect to the end of any such suspension, the pre-
ceding sentence supersedes the provisions of title II of the
National Emergencies Act (50 U.S.C. 1621, 1622) which
provide that powers or authorities exercised by reason of
a national emergency shall cease to be exercised after the
date of termination of the emergency.
‘‘§ 12007. Reserve officers of the Army: distribution
‘‘The Secretary of the Army shall distribute the num-
ber of reserve commissioned officers, other than commis-
sioned warrant officers, authorized in each commissioned
grade between those assigned to reserve units organized
to serve as units and those not assigned to such units.
The Secretary shall distribute the number who are as-
signed to reserve units organized to serve as units among
the units of each reserve component by prescribing appro-
priate tables of organization and tables of distribution.
The Secretary shall distribute the number who are not as-
signed to such units between—
‘‘(1) each special branch; and
167
‘‘(2) all other branches taken together.
‘‘§ 12008. Army Reserve and Air Force Reserve: war-
rant officers
‘‘The Secretary of the Army may prescribe the au-
thorized strength of the Army Reserve in warrant officers.
The Secretary of the Air Force may prescribe the author-
ized strength of the Air Force Reserve in warrant officers.
‘‘§ 12009. Army and Air Force reserve components:
temporary increases
‘‘(a) The authorized strength in any reserve grade,
as prescribed under this chapter, for any reserve compo-
nent under the jurisdiction of the Secretary of the Army
or the Secretary of the Air Force is automatically in-
creased to the minimum extent necessary to give effect
to each appointment made in that grade under section
1211(a), 3036, 14304(b), 14314, or 14317 of this title.
‘‘(b) An authorized strength so increased is increased
for no other purpose. While an officer holds that grade,
the officer whose appointment caused the increase is
counted for the purpose of determining when other ap-
pointments, not under those sections, may be made in that
grade.
168
‘‘§ 12010. Computations for Naval Reserve and Ma-
rine Corps Reserve: rule when fraction
occurs in final result
‘‘When there is a fraction in the final result of any
computation under this chapter for the Naval Reserve or
the Marine Corps Reserve, a fraction of one-half or more
is counted as one, and a fraction of less than one-half is
disregarded.
‘‘§ 12012. Authorized strengths: senior enlisted mem-
bers on active duty or on full-time Na-
tional Guard duty for administration of
the reserves or National Guard
‘‘(a) The number of enlisted members in pay grades
E–8 and E–9 who may be on active duty (other than for
training) or on full-time National Guard duty under the
authority of section 502(f) of title 32 (other than for train-
ing) as of the end of any fiscal year in connection with
organizing, administering, recruiting, instructing, or train-
ing the reserve components or the National Guard may
not exceed the number for that grade and armed force
in the following table:
‘‘Grade
Army
Navy
Air
Force
Marine
Corps
E–9 ............................................................
569
202
279
E–8 ............................................................
2,585
429
800
169
‘‘(b) Whenever the number of members serving in pay
grade E–9 for duty described in subsection (a) is less than
the number authorized for that grade under subsection
(a), the difference between the two numbers may be ap-
plied to increase the number authorized under such sub-
section for pay grade E–8.’’.
(2)(A) Section 524 is transferred to chapter 1201,
as added by paragraph (1), inserted after section 12010,
and redesignated as section 12011.
(B) The heading of that section is amended to read
as follows:
‘‘§ 12011. Authorized strengths: reserve officers on ac-
tive duty or on full-time National Guard
duty for administration of the reserves or
the National Guard’’.
(3) Chapter 531 and sections 3212, 3217 through
3225, 5454, 5456, 5457, 5458, 8212, and 8217 through
8225 are repealed.
(4) Section 517 is amended—
(A) by striking out subsection (b); and
(B) by redesignating subsection (c) as sub-
section (b) and in that subsection striking out ‘‘or
whenever’’ and all that follows through ‘‘under sub-
section (b),’’.
170
(b) ENLISTMENTS.—(1) Part II of subtitle E, as
added by subsection (a), is amended by adding after chap-
ter 1201 (as added by subsection (a)), the following:
‘‘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 compo-
nents.
‘‘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.
‘‘§ 12101. Definition
‘‘In this chapter, the term ‘enlistment’ means original
enlistment or reenlistment.
‘‘§ 12105. Army Reserve and Air Force Reserve: trans-
fer from Guard components
‘‘(a) Under such regulations as the Secretary con-
cerned may prescribe—
‘‘(1) an enlisted member of the Army National
Guard of the United States may be transferred in
grade to the Army Reserve; and
‘‘(2) an enlisted member of the Air National
Guard of the United States may be transferred in
grade to the Air Force Reserve.
‘‘(b) Upon such a transfer, the member transferred
is eligible for promotion to the highest regular or reserve
grade ever held by him in the Army, if transferred under
171
subsection (a)(1), or the Air Force, if transferred under
subsection (a)(2), if his service has been honorable.
‘‘(c) A transfer under this section may only be made
with the consent of the governor or other appropriate au-
thority of the State concerned.
‘‘§ 12106. Army and Air Force Reserve: transfer to
upon withdrawal as member of National
Guard
‘‘(a) An enlisted member of the Army National Guard
of the United States who ceases to be a member of the
Army National Guard becomes a member of the Army Re-
serve unless he is also discharged from his enlistment as
a Reserve.
‘‘(b) An enlisted member of the Air National Guard
of the United States who ceases to be a member of the
Air National Guard becomes a member of the Air Force
Reserve unless he is also discharged from his enlistment
as a Reserve.
‘‘(c) An enlisted member who becomes a member of
the Army Reserve or the Air Force Reserve under this
section ceases to be a member of the Army National
Guard of the United States or the Air National Guard
of the United States, as the case may be.
172
‘‘§ 12107. Army National Guard of United States; Air
National Guard of the United States: en-
listment in
‘‘(a) Except as provided in subsection (c), to become
an enlisted member of the Army National Guard of the
United States or the Air National Guard of the United
States, a person must—
‘‘(1) be enlisted in the Army National Guard or
the Air National Guard, as the case may be;
‘‘(2) subscribe to the oath set forth in section
304 of title 32; and
‘‘(3) be a member of a federally recognized unit
or organization of the Army National Guard or the
Air National Guard, as the case may be, in the
grade in which he is to be enlisted as a Reserve.
‘‘(b)(1) Under regulations to be prescribed by the
Secretary of the Army, a person who enlists in the Army
National Guard, or whose term of enlistment in the Army
National Guard is extended, shall be concurrently enlisted,
or his term of
enlistment
shall
be
concurrently
ex-
tended, as the case may be, as a Reserve of the Army
for service in the Army National Guard of the United
States.
‘‘(2) Under regulations to be prescribed by the Sec-
retary of the Air Force, a person who enlists in the Air
National Guard, or whose term of enlistment in the Air
173
National Guard is extended, shall be concurrently enlisted,
or his term of enlistment shall be concurrently extended,
as the case may be, as a Reserve of the Air Force for
service in the Air National Guard of the United States.
‘‘(c)(1) A member of the Army Reserve who enlists
in the Army National Guard in his reserve grade, and is
a member of a federally recognized unit or organization
of the Army National Guard, becomes a member of the
Army National Guard of the United States and ceases to
be a member of the Army Reserve.
‘‘(2) A member of the Air Force Reserve who enlists
in the Air National Guard in his reserve grade, and is
a member of a federally recognized unit or organization
of the Air National Guard, becomes a member of the Air
National Guard of the United States and ceases to be a
member of the Air Force Reserve.’’.
(2) Sections 510 (as amended by section 201(a)),
511, and 512 are transferred to chapter 1203, as added
by paragraph (1), inserted after section 12101, and redes-
ignated as follows:
Redesignated
Section
section
510 ....................................................................................
12102
511 ....................................................................................
12103
512 ....................................................................................
12104
(3) The following sections are repealed: sections
3259, 3260, 3261, 8259, 8260, and 8261.
174
(c) APPOINTMENT OF OFFICERS.—(1) Part II of sub-
title E, as added by subsection (a), is further amended
by adding after chapter 1203 (as added by subsection (b))
the following:
‘‘CHAPTER 1205—APPOINTMENT OF RESERVE
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 Unit-
ed States.
‘‘12215. Commissioned officers: reserve grade of adjutants general and assistant
adjutants general.
‘‘§ 12215. Commissioned officers: reserve grade of ad-
jutants general and assistant adjutants
general
‘‘(a) The adjutant general or an assistant adjutant
general of the Army National Guard of a State may, upon
being extended Federal recognition, be appointed as a re-
serve officer of the Army as of the date on which he is
so recognized.
‘‘(b) The adjutant general or an assistant adjutant
general of the Air National Guard of a State may be ap-
175
pointed in the reserve commissioned grade in which Fed-
eral recognition in the Air National Guard is extended to
him.’’.
(2) Sections 591 (as amended by section 201(b)),
592, 593 (as amended by section 202), 594, 596, 596a
(as added by section 203), 596b (as added by section 204),
and 595 are transferred (in that order) to chapter 1205,
as added by paragraph (1), inserted after the table of sec-
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
(3) Sections 600, 600a, 3351, 8351, 3352 (as amend-
ed by section 206(a)), and 8352 are transferred (in that
order) to chapter 1205, as added by paragraph (1), in-
serted after section 12208, and redesignated as follows:
Redesignated
Section
section
600 ....................................................................................
12209
600a ..................................................................................
12210
3351 ..................................................................................
12211
8351 ..................................................................................
12212
3352 ..................................................................................
12213
8352 ..................................................................................
12214
(d) WARRANT OFFICERS.—(1) Part II of subtitle E,
as added by subsection (a), is further amended by adding
176
after chapter 1205 (as added by subsection (c)) the
following:
‘‘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 re-
tirement or separation during war or emergency.’’.
(2) Sections 597, 598, and 599 are transferred to
chapter 1207, as added by paragraph (1), inserted after
the table of sections, and redesignated as follows:
Redesignated
Section
section
597 ....................................................................................
12241
598 ....................................................................................
12242
599 ....................................................................................
12243
(3) Chapter 34 is amended to read as follows:
‘‘CHAPTER 34—APPOINTMENTS AS RESERVE
OFFICERS
‘‘Sec.
‘‘591. Reference to chapters 1205 and 1207.
‘‘§ 591. Reference to chapters 1205 and 1207
‘‘Provisions of law relating to appointments of reserve
officers other than warrant officers are set forth in chap-
ter 1205 of this title (beginning with section 12201). Pro-
visions of law relating to appointments and promotion of
reserve warrant officers are set forth in chapter 1207 (be-
ginning with section 12241).’’.
(e) ACTIVE DUTY.—(1) Part II of subtitle E, as
added by subsection (a), is further amended by adding
177
after chapter 1207 (as added by subsection (d)) the follow-
ing:
‘‘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 na-
tional 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.’’.
(2) Sections 672 through 687, section 689 (as
amended by section 114), and section 690 are transferred
to chapter 1209, as added by paragraph (1), inserted after
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
178
681 ....................................................................................
12313
682 ....................................................................................
12314
683 ....................................................................................
12315
684 ....................................................................................
12316
685 ....................................................................................
12317
686 ....................................................................................
12318
687 ....................................................................................
12319
689 ....................................................................................
12320
690 ....................................................................................
12321
(3) Chapter 39 is amended by inserting after section
671b the following:
‘‘§ 672. Reference to chapter 1209
‘‘Provisions of law relating to service of members of
reserve components on active duty are set forth in chapter
1209 of this title (beginning with section 12301).’’.
(f) NATIONAL GUARD MEMBERS IN FEDERAL SERV-
ICE.—(1) Part II of subtitle E, as added by subsection
(a), is further amended by adding after chapter 1209 (as
added by subsection (e)) the following:
‘‘CHAPTER 1211—NATIONAL GUARD MEMBERS IN
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; mainte-
nance 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.
179
‘‘§ 12401. Army and Air National Guard of the United
States: status
‘‘Members of the Army National Guard of the United
States and the Air National Guard of the United States
are not in active Federal service except when ordered
thereto under law.
‘‘§ 12402. Army and Air National Guard of United
States: commissioned officers; duty in Na-
tional Guard Bureau
‘‘(a) The President may, with their consent, order
commissioned officers of the Army National Guard of the
United States and the Air National Guard of the United
States to active duty in the National Guard Bureau.
‘‘(b)(1) The number of officers of the Army National
Guard of the United States in grades below brigadier gen-
eral who are ordered to active duty in the National Guard
Bureau may not be more than 40 percent of the number
of officers of the Army authorized for duty in that Bureau
and, to the extent practicable, shall not exceed 40 percent
of the number of officers of the Army serving in that Bu-
reau in any grade below brigadier general.
‘‘(2) The number of officers of the Air National
Guard of the United States in grades below brigadier gen-
eral who are ordered to active duty in the National Guard
Bureau may not be more than 40 percent of the number
of officers of the Air Force authorized for duty in that
180
Bureau and, to the extent practicable, shall not exceed 40
percent of the number of officers of the Air Force serving
in that Bureau in any grade below brigadier general.
‘‘§ 12403. Army and Air National Guard of United
States: members; status in which ordered
into Federal service
‘‘Members of the Army National Guard of the United
States ordered to active duty shall be ordered to duty as
Reserves of the Army. Members of the Air National Guard
of the United States ordered to active duty shall be or-
dered to duty as Reserves of the Air Force.
‘‘§ 12404. Army and Air National Guard of United
States: mobilization; maintenance of or-
ganization
‘‘During an initial mobilization, the organization of
a unit of the Army National Guard of the United States
or of the Air National Guard of the United States ordered
into active Federal service shall, so far as practicable, be
maintained as it existed on the date of the order to duty.
‘‘§ 12405. National Guard in Federal service: status
‘‘Members of the National Guard called into Federal
service are, from the time when they are required to re-
spond to the call, subject to the laws and regulations gov-
erning the Army or the Air Force, as the case may be,
181
except those applicable only to members of the Regular
Army or Regular Air Force, as the case may be.
‘‘§ 12406. National Guard in Federal service: call
‘‘Whenever—
‘‘(1) the United States, or any of the Terri-
tories, Commonwealths, or possessions, is invaded or
is in danger of invasion by a foreign nation;
‘‘(2) there is a rebellion or danger of a rebellion
against the authority of the Government of the
United States; or
‘‘(3) the President is unable with the regular
forces to execute the laws of the United States;
the President may call into Federal service members and
units of the National Guard of any State in such numbers
as he considers necessary to repel the invasion, suppress
the rebellion, or execute those laws. Orders for these pur-
poses shall be issued through the governors of the States
or, in the case of the District of Columbia, through the
commanding general of the National Guard of the District
of Columbia.
‘‘§ 12407. National Guard in Federal service: period
of service; apportionment
‘‘(a) Whenever the President calls the National
Guard of a State into Federal service, he may specify in
the call the period of the service. Members and units called
182
shall serve inside or outside the territory of the United
States during the term specified, unless sooner relieved by
the President. However, no member of the National Guard
may be kept in Federal service beyond the term of his
commission or enlistment.
‘‘(b) When the National Guard of a State is called
into Federal service with the National Guard of another
of those jurisdictions, the President may apportion the
total number called from the Army National Guard or
from the Air National Guard, as the case may be, on the
basis of the populations of the jurisdictions affected by
the call.
‘‘§ 12408. National Guard in Federal service: physical
examination
‘‘(a) Under regulations prescribed by the President,
each member of the National Guard called into Federal
service shall be examined as to physical fitness, without
further commission or enlistment.
‘‘(b) Immediately before such a member is mustered
out of Federal service, he shall be examined as to physical
fitness. The record of this examination shall be retained
by the United States.’’.
(2) Sections 3495 through 3502 and 8495 through
8502 are repealed.
183
(g) MISCELLANEOUS PROVISIONS.—(1) Part II of
subtitle E, as added by subsection (a), is further amended
by adding after chapter 1211 (as added by subsection (f))
the following:
‘‘CHAPTER 1213—SPECIAL APPOINTMENTS,
ASSIGNMENTS, DETAILS, AND DUTIES
‘‘Sec.
‘‘12501. Reserve components: detail of members of regular and reserve compo-
nents to assist.
‘‘12502. Chief and assistant chief of staff of National Guard divisions and wings
in Federal service: detail.
‘‘§ 12501. Reserve components: detail of members of
regular and reserve components to assist
‘‘The Secretary concerned shall detail such members
of the regular and reserve components under his jurisdic-
tion as are necessary to effectively develop, train, instruct,
and administer those reserve components.
‘‘§ 12502. Chief and assistant chief of staff of National
Guard divisions and wings in Federal
service: detail
‘‘(a) The President may detail a regular or reserve
officer of the Army as chief of staff, and a regular or re-
serve officer or an officer of the Army National Guard
as assistant to the chief of staff, of any division of the
Army National Guard that is in Federal service as an
Army National Guard organization.
‘‘(b) The President may detail a regular or reserve
officer of the Air Force as chief of staff, and a regular
184
or reserve officer or an officer of the Air National Guard
as assistant to the chief of staff, of any wing of the Air
National Guard that is in Federal service as an Air Na-
tional Guard organization.
‘‘CHAPTER 1215—MISCELLANEOUS
PROHIBITIONS AND PENALTIES
‘‘[No present sections]
‘‘CHAPTER 1217—MISCELLANEOUS RIGHTS AND
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 Na-
tional Guard.
‘‘§ 12601. Compensation: Reserve on active duty ac-
cepting from any person
‘‘Any Reserve who, before being ordered to active
duty, was receiving compensation from any person may,
while he is on that duty, receive compensation from that
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
‘‘(a) For the purposes of laws providing benefits for
members of the Army National Guard of the United
States and their dependents and beneficiaries—
185
‘‘(1) military training, duty, or other service
performed by a member of the Army National Guard
of the United States in his status as a member of
the Army National Guard for which he is entitled to
pay from the United States shall be considered mili-
tary training, duty, or other service, as the case may
be, in Federal service as a Reserve of the Army;
‘‘(2) full-time National Guard duty performed
by a member of the Army National Guard of the
United States shall be considered active duty in
Federal service as a Reserve of the Army; and
‘‘(3) inactive-duty training performed by a
member of the Army National Guard of the United
States in his status as a member of the Army Na-
tional Guard, in accordance with regulations pre-
scribed under section 502 of title 32 or other express
provision of law, shall be considered inactive-duty
training in Federal service as a Reserve of the
Army.
‘‘(b) For the purposes of laws providing benefits for
members of the Air National Guard of the United States
and their dependents and beneficiaries—
‘‘(1) military training, duty, or other service
performed by a member of the Air National Guard
of the United States in his status as a member of
186
the Air National Guard for which he is entitled to
pay from the United States shall be considered mili-
tary training, duty, or other service, as the case may
be, in Federal service as a Reserve of the Air Force;
‘‘(2) full-time National Guard duty performed
by a member of the Air National Guard of the Unit-
ed States shall be considered active duty in Federal
service as a Reserve of the Air Force; and
‘‘(3) inactive-duty training performed by a
member of the Air National Guard of the United
States in his status as a member of the Air National
Guard, in accordance with regulations prescribed
under section 502 of title 32 or other express provi-
sion of law, shall be considered inactive-duty train-
ing in Federal service as a Reserve of the Air
Force.’’.
(2) Sections 715, 1033, 3542, 3686, 8542, and 8686
are repealed.
(h) STANDARDS AND PROCEDURES FOR RETENTION
AND PROMOTION.—(1) Part II of subtitle E, as added by
subsection (a), is further amended by adding after chapter
1217 (as added by subsection (g)) the following:
‘‘CHAPTER 1219—STANDARDS AND PROCEDURES
FOR RETENTION AND PROMOTION
‘‘Sec.
‘‘12641. Standards and procedures: Secretary to prescribe.
‘‘12642. Standards and qualifications: result of failure to comply with.
187
‘‘12643. Boards for appointment, promotion, and certain other purposes: com-
position.
‘‘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 Se-
lective Service System or serving as United States property and
fiscal officers.’’.
(2) Sections 1001, 1002, 266, 1004 (as amended by
section 301(b)(4)), and 1005 through 1007 are trans-
ferred (in that order) to chapter 1219, as added by para-
graph (1), inserted after the table of sections, and redesig-
nated as follows:
Redesignated
Section
section
1001 ..................................................................................
12641
1002 ..................................................................................
12642
266 ..................................................................................
12643
1004 ..................................................................................
12644
1005 ..................................................................................
12645
1006 ..................................................................................
12646
1007 ..................................................................................
12647
(3) Section 1003 is repealed.
(4)(A) The heading of section 12641 (as so redesig-
nated) is amended to read as follows:
‘‘§ 12641. Standards and procedures: Secretary to pre-
scribe’’.
(B) The heading of section 12644 (as so redesig-
nated) is amended to read as follows:
188
‘‘§ 12644. Members physically not qualified for active
duty: discharge or transfer to retired sta-
tus’’.
(5) Chapter 51 is amended by striking out the table
of sections at the beginning and inserting in lieu thereof
the following:
‘‘Sec.
‘‘1001. Reference to chapter 1219.
‘‘§ 1001. Reference to chapter 1219
‘‘Provisions of law relating to standards and proce-
dures for retention and promotion of members of reserve
components are set forth in chapter 1219 of this title (be-
ginning with section 12641).’’.
(i) SEPARATION.—(1) Part II of subtitle E, as added
by subsection (a), is further amended by adding after
chapter 1219 (as added by subsection (h)) the following:
‘‘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 im-
prisonment.
‘‘12685. Reserves separated for cause: character of discharge.
‘‘12686. Reserves on active duty within two years of retirement eligibility: limi-
tation on release from active duty.
‘‘§ 12681. Reserves: discharge authority
‘‘Subject to other provisions of this title, reserve com-
missioned officers may be discharged at the pleasure of
the President. Other Reserves may be discharged under
regulations prescribed by the Secretary concerned.
189
‘‘§ 12682. Reserves: discharge upon becoming or-
dained minister of religion
‘‘Under regulations to be prescribed by the Secretary
of Defense, a Reserve who becomes a regular or ordained
minister of religion is entitled upon his request to a dis-
charge from his reserve enlistment or appointment.
‘‘§ 12683. Reserve officers: limitation on involuntary
separation
‘‘(a) An officer of a reserve component who has at
least five years of service as a commissioned officer may
not be separated from that component without his consent
except—
‘‘(1) under an approved recommendation of a
board of officers convened by an authority des-
ignated by the Secretary concerned; or
‘‘(2) by the approved sentence of a court-
martial.
‘‘(b) Subsection (a) does not apply—
‘‘(1) to a separation under section 12684,
14901, or 14907 of this title;
‘‘(2) to a dismissal under section 1161(a) of
this title; or
‘‘(3) to a transfer under section 12213, 12214,
14514, or 14515 of this title.
190
‘‘§ 12684. Reserves: separation for absence without
authority or sentence to imprisonment
‘‘The President or the Secretary concerned may drop
from the rolls of the armed force concerned any Reserve—
‘‘(1) who has been absent without authority for
at least three months; or
‘‘(2) who is sentenced to confinement in a Fed-
eral or State penitentiary or correctional institution
after having been found guilty of an offense by a
court other than a court-martial or other military
court, and whose sentence has become final.
‘‘§ 12685. Reserves separated for cause: character of
discharge
‘‘A member of a reserve component who is separated
for cause, except under section 12684 of this title, is enti-
tled to a discharge under honorable conditions unless—
‘‘(1) the member is discharged under conditions
other than honorable under an approved sentence of
a court-martial or under the approved findings of a
board of officers convened by an authority des-
ignated by the Secretary concerned; or
‘‘(2) the member consents to a discharge under
conditions other than honorable with a waiver of
proceedings of a court-martial or a board.
191
‘‘§ 12686. Reserves on active duty within two years of
retirement eligibility: limitation on re-
lease from active duty
‘‘Under regulations to be prescribed by the Secretary
concerned, which shall be as uniform as practicable, a
member of a reserve component who is on active duty
(other than for training) and is within two years of becom-
ing eligible for retired pay or retainer pay under a purely
military retirement system, may not be involuntarily re-
leased from that duty before he becomes eligible for that
pay, unless the release is approved by the Secretary.’’.
(2) Sections 1162 and 1163 are repealed.
(j) RETIRED PAY.—(1) Chapter 67 is transferred to
part II of subtitle E, as added by subsection (a), inserted
after chapter 1221 (as added by subsection (i)), and
amended to read as follows:
‘‘CHAPTER 1223—RETIRED PAY FOR NON-
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.
192
‘‘§ 12731. Age and service requirements
‘‘(a) Except as provided in subsection (c), a person
is entitled, upon application, to retired pay computed
under section 12739 of this title, if the person—
‘‘(1) is at least 60 years of age;
‘‘(2) has performed at least 20 years of service
computed under section 12732 of this title;
‘‘(3) performed the last eight years of qualify-
ing service while a member of any category named
in section 12732(a)(1) of this title, but not while a
member of a regular component, the Fleet Reserve,
or the Fleet Marine Corps Reserve; and
‘‘(4) is not entitled, under any other provision
of law, to retired pay from an armed force or re-
tainer pay as a member of the Fleet Reserve or the
Fleet Marine Corps Reserve.
‘‘(b) Application for retired pay under this section
must be made to the Secretary of the military department,
or the Secretary of Transportation, as the case may be,
having jurisdiction at the time of application over the
armed force in which the applicant is serving or last
served.
‘‘(c)(1) A person who, before August 16, 1945, was
a Reserve of an armed force, or a member of the Army
without component or other category covered by section
193
12732(a)(1) of this title except a regular component, is
not eligible for retired pay under this chapter unless—
‘‘(A) the person performed active duty during
World War I or World War II; or
‘‘(B) the person performed active duty (other
than for training) during the Korean conflict, the
Berlin crisis, or the Vietnam era.
‘‘(2) In this subsection:
‘‘(A) The term ‘World War I’ means the period
beginning on April 6, 1917, and ending on Novem-
ber 11, 1918.
‘‘(B) The term ‘World War II’ means the pe-
riod beginning on September 9, 1940, and ending on
December 31, 1946.
‘‘(C) The term ‘‘Korean conflict’ means the pe-
riod beginning on June 27, 1950, and ending on
July 27, 1953.
‘‘(D) The term ‘‘Berlin crisis’ means the period
beginning on August 14, 1961, and ending on May
30, 1963.
‘‘(E) The term ‘‘Vietnam era’ means the period
beginning on August 5, 1964, and ending on
March 27, 1973.
‘‘(d) The Secretary concerned shall notify each per-
son who has completed the years of service required for
194
eligibility for retired pay under this chapter. The notice
shall be sent, in writing, to the person concerned within
one year after the person completes that service. The no-
tice shall include notice of the elections available to such
person under the Survivor Benefit Plan established under
subchapter II of chapter 73 of this title and the Supple-
mental Survivor Benefit Plan established under sub-
chapter III of that chapter, and the effects of such
elections.
‘‘(e) Notwithstanding section 8301 of title 5, the date
of entitlement to retired pay under this section shall be
the date on which the requirements of subsection (a)
have been completed.
‘‘§ 12731a. Temporary special retirement qualifica-
tion authority
‘‘(a) RETIREMENT WITH AT LEAST 15 YEARS OF
SERVICE.—For the purposes of section 12731 of this title,
the Secretary of a military department may—
‘‘(1) during the period described in subsection
(b), determine to treat a member of the Selected Re-
serve of a reserve component of the armed force
under the jurisdiction of that Secretary as having
met the service requirements of subsection (a)(2) of
that section and provide the member with the notifi-
195
cation required by subsection (d) of that section if
the member—
‘‘(A) as of October 1, 1991, has completed
at least 15, and less than 20, years of service
computed under section 12732 of this title; or
‘‘(B) after that date and before October 1,
1995, completes 15 years of service computed
under that section; and
‘‘(2) upon the request of the member submitted
to the Secretary within one year after the date of
the notification referred to in paragraph (1), trans-
fer the member to the Retired Reserve.
‘‘(b) PERIOD OF AUTHORITY.—The period referred
to in subsection (a)(1) is the period beginning on Octo-
ber 23, 1992, and ending on October 1, 1995.
‘‘(c) APPLICABILITY SUBJECT TO NEEDS OF THE
SERVICE.—(1) The Secretary of the military department
concerned may limit the applicability of subsection (a) to
any category of personnel defined by the Secretary in
order to meet a need of the armed force under the jurisdic-
tion of the Secretary to reduce the number of members
in certain grades, the number of members who have com-
pleted a certain number of years of service, or the number
of members who possess certain military skills or are serv-
ing in designated competitive categories.
196
‘‘(2) A limitation under paragraph (1) shall be con-
sistent with the purpose set forth in section 4414(a) of
the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102–484; 106 Stat. 2713).
‘‘(d) EXCLUSION.—This section does not apply to
persons referred to in section 12731(c) of this title.
‘‘(e) REGULATIONS.—The authority provided in this
section shall be subject to regulations prescribed by the
Secretary of Defense.
‘‘§ 12732. Entitlement to retired pay: computation of
years of service
‘‘(a) Except as provided in subsection (b), for the
purpose of determining whether a person is entitled to re-
tired pay under section 12731 of this title, the person’s
years of service are computed by adding the following:
‘‘(1) The person’s years of service, before July
1, 1949, in the following:
‘‘(A) The armed forces.
‘‘(B) The federally recognized National
Guard before June 15, 1933.
‘‘(C) A federally recognized status in the
National Guard before June 15, 1933.
‘‘(D) The National Guard after June 14,
1933, if his service therein was continuous from
the date of his enlistment in the National
197
Guard, or his Federal recognition as an officer
therein, to the date of his enlistment or ap-
pointment, as the case may be, in the National
Guard of the United States, the Army National
Guard of the United States, or the Air National
Guard of the United States.
‘‘(E) The Naval Reserve Force.
‘‘(F) The Naval Militia that conformed to
the standards prescribed by the Secretary of the
Navy.
‘‘(G) The National Naval Volunteers.
‘‘(H) The Army Nurse Corps, the Navy
Nurse Corps, the Nurse Corps Reserve of the
Army, or the Nurse Corps Reserve of the Navy,
as it existed at any time after February 2,
1901.
‘‘(I) The Army under an appointment
under the Act of December 22, 1942 (ch.
805, 56 Stat. 1072).
‘‘(J) An active full-time status, except as a
student or apprentice, with the Medical Depart-
ment of the Army as a civilian employee—
‘‘(i) in the dietetic or physical therapy
categories, if the service was performed
198
after April 6, 1917, and before April 1,
1943; or
‘‘(ii) in the occupational therapy cat-
egory, if the service was performed before
appointment in the Army Nurse Corps or
the Women’s Medical Specialist Corps and
before January 1, 1949, or before appoint-
ment in the Air Force before January 1,
1949, with a view to designation as an Air
Force nurse or medical specialist.
‘‘(2) Each one-year period, after July 1, 1949,
in which the person has been credited with at least
50 points on the following basis:
‘‘(A) One point for each day of—
‘‘(i) active service; or
‘‘(ii) full-time service under sections
316, 502, 503, 504, and 505 of title 32
while performing annual training duty or
while attending a prescribed course of in-
struction at a school designated as a serv-
ice school by law or by the Secretary con-
cerned;
if that service conformed to required standards
and qualifications.
199
‘‘(B) One point for each attendance at a
drill or period of equivalent instruction that was
prescribed for that year by the Secretary con-
cerned and conformed to the requirements pre-
scribed by law, including attendance under sec-
tion 502 of title 32.
‘‘(C) Points at the rate of 15 a year for
membership—
‘‘(i) in a reserve component of an
armed force,
‘‘(ii) in the Army or the Air Force
without component, or
‘‘(iii) in any other category covered by
subsection (a)(1) except a regular compo-
nent.
For the purpose of clauses (A), (B), and (C), service
in the National Guard shall be treated as if it were
service in a reserve component, if the person con-
cerned was later appointed in the National Guard of
the United States, the Army National Guard of the
United States, the Air National Guard of the United
States, or as a Reserve of the Army or the Air
Force, and served continuously in the National
Guard from the date of his Federal recognition to
the date of that appointment.
200
‘‘(3) The person’s years of active service in the
Commissioned Corps of the Public Health Service.
‘‘(4) The person’s years of active commissioned
service in the National Oceanic and Atmospheric Ad-
ministration (including active commissioned service
in the Environmental Science Services Administra-
tion and in the Coast and Geodetic Survey).
‘‘(b) The following service may not be counted under
subsection (a):
‘‘(1) Service (other than active service) in an in-
active section of the Organized Reserve Corps or of
the Army Reserve, or in an inactive section of the
officers’ section of the Air Force Reserve.
‘‘(2) Service (other than active service) after
June 30, 1949, while on the Honorary Retired List
of the Naval Reserve or of the Marine Corps
Reserve.
‘‘(3) Service in the inactive National Guard.
‘‘(4) Service in a non-federally recognized sta-
tus in the National Guard.
‘‘(5) Service in the Fleet Reserve or the Fleet
Marine Corps Reserve.
‘‘(6) Service as an inactive Reserve nurse of the
Army Nurse Corps established by the Act of Feb-
ruary 2, 1901 (ch. 192, 31 Stat. 753), as amended,
201
and service before July 1, 1938, as an inactive Re-
serve nurse of the Navy Nurse Corps established by
the Act of May 13, 1908 (ch. 166, 35 Stat. 146).
‘‘(7) Service in any status other than that as
commissioned officer, warrant officer, nurse, flight
officer, aviation midshipman, appointed aviation
cadet, or enlisted member, and that described in
clauses (I) and (J) of subsection (a)(1).
‘‘§ 12733. Computation of retired pay: computation of
years of service
‘‘For the purpose of computing the retired pay of a
person under this chapter, the person’s years of service
and any fraction of such a year are computed by dividing
360 into the sum of the following:
‘‘(1) The person’s days of active service.
‘‘(2) The person’s days of full-time service
under sections 316, 502, 503, 504, and 505 of title
32 while performing annual training duty or while
attending a prescribed course of instruction at a
school designated as a service school by law or by
the Secretary concerned.
‘‘(3) One day for each point credited to the per-
son under clause (B) or (C) of section 12732(a)(2)
of this title, but not more than 60 days in any one
year.
202
‘‘(4) 50 days for each year before July 1, 1949,
and proportionately for each fraction of a year, of
service (other than active service) in a reserve com-
ponent of an armed force, in the Army or the Air
Force without component, or in any other category
covered by section 12732(a)(1) of this title, except
a regular component.
‘‘§ 12734. Time 
not 
creditable 
toward 
years 
of
service
‘‘(a) Service in an inactive status may not be counted
in any computation of years of service under this chapter.
‘‘(b) Time spent after retirement (without pay) for
failure to conform to standards and qualifications pre-
scribed under section 12641 of this title may not be cred-
ited in a computation of years of service under this
chapter.
‘‘§ 12735. Inactive status list
‘‘(a) A member who would be eligible for retired pay
under this chapter but for the fact that that member is
under 60 years of age may be transferred, at his request
and by direction of the Secretary concerned, to such inac-
tive status list as may be established for members of his
armed force, other than members of a regular component.
203
‘‘(b) While on an inactive status list under subsection
(a), a member is not required to participate in any train-
ing or other program prescribed for his component.
‘‘(c) The Secretary may at any time recall to active
status a member who is on an inactive status list under
subsection (a).
‘‘§ 12736. Service credited for retired pay benefits
not excluded for other benefits
‘‘No period of service included wholly or partly in de-
termining a person’s right to, or the amount of, retired
pay under this chapter may be excluded in determining
his eligibility for any annuity, pension, or old-age benefit,
under any other law, on account of civilian employment
by the United States or otherwise, or in determining the
amount payable under that law, if that service is otherwise
properly credited under it.
‘‘§ 12737. Limitation on active duty
‘‘A member of the armed forces may not be ordered
to active duty solely for the purpose of qualifying the
member for retired pay under this chapter.
‘‘§ 12738. Limitations on revocation of retired pay
‘‘(a) After a person is granted retired pay under this
chapter, or is notified in accordance with section 12731(d)
of this title that the person has completed the years of
service required for eligibility for retired pay under this
204
chapter, the person’s eligibility for retired pay may not
be denied or revoked on the basis of any error, miscalcula-
tion, misinformation, or administrative determination of
years of service performed as required by section
12731(a)(2) of this title, unless it resulted directly from
the fraud or misrepresentation of the person.
‘‘(b) The number of years of creditable service upon
which retired pay is computed may be adjusted to correct
any error, miscalculation, misinformation, or administra-
tive determination and when such a correction is made the
person is entitled to retired pay in accordance with the
number of years of creditable service, as corrected, from
the date the person is granted retired pay.
‘‘§ 12739. Computation of retired pay
‘‘(a) The monthly retired pay of a person entitled to
that pay under this chapter is the product of—
‘‘(1) the retired pay base for that person as
computed under section 1406(b)(2) or 1407 of this
title; and
‘‘(2) 21⁄2 percent of the years of service credited
to that person under section 12733 of this title.
‘‘(b) The amount computed under subsection (a) may
not exceed 75 percent of the retired pay base upon which
the computation is based.
205
‘‘(c) Amounts computed under this section, if not a
multiple of $1, shall be rounded down to the next lower
multiple of $1.’’.
(2) Section 1401(a) is amended by striking out for-
mula number 3 in the table set forth in that section.
(3) Section 1405(a)(3) is amended by striking out
‘‘section 1333’’ and ‘‘section 1331’’ and inserting in lieu
thereof ‘‘section 12733’’ and ‘‘section 12731’’, respec-
tively.
(4) Section 1406(b) is amended—
(A) by striking out the matter preceding the
table and inserting in lieu thereof the following:
‘‘(b) RETIREMENT UNDER SUBTITLE A OR E.—
‘‘(1) DISABILITY, 
WARRANT
OFFICER, 
AND
DOPMA
RETIREMENT.—In the case of a person
whose retired pay is computed under this subtitle,
the retired pay base is determined in accordance
with the following table.’’;
(B) in the table—
(i) by striking out the entry relating to sec-
tion 1331 (including the matter relating to that
entry in the column under the heading ‘‘The re-
tired pay base is:’’); and
206
(ii) by redesignating the references to foot-
notes 3 and 4 so as to refer to footnotes 2 and
3, respectively;
(C) by striking out footnote 2 to the table and
redesignating footnotes 3 and 4 as footnotes 2 and
3, respectively; and
(D) by adding at the end the following:
‘‘(2) NON-REGULAR SERVICE RETIREMENT.—In
the case of a person who is entitled to retired pay
under section 12731 of this title, the retired pay
base is the monthly basic pay, determined at the
rates applicable on the date when retired pay is
granted, of the highest grade held satisfactorily by
the person at any time in the armed forces. For pur-
poses of the preceding sentence, the highest grade in
which a person served satisfactorily as an officer
shall be determined in accordance with section
1370(d) of this title.’’.
(5) Section 1407 is amended—
(A) in subsection (c)(2)(B), by striking out
‘‘chapter 67’’ and inserting in lieu thereof ‘‘chapter
1223’’; and
(B) in subsection (f)(2)—
207
(i) by striking out ‘‘CHAPTER 67’’ in the
heading and inserting in lieu thereof ‘‘CHAPTER
1223’’; and
(ii) by striking out ‘‘section 1331’’ and in-
serting in lieu thereof ‘‘section 12731’’.
(6) Section 1409(a)(1)(B) is amended by striking out
‘‘chapter 67’’ and inserting in lieu thereof ‘‘chapter
1223’’.
(7) Part II of subtitle A is amended by inserting after
chapter 65 the following:
‘‘CHAPTER 67—RETIRED PAY FOR NONREGULAR
SERVICE
‘‘Sec.
‘‘1331. Reference to chapter 1223.
‘‘§ 1331. Reference to chapter 1223
‘‘Provisions of law relating to retired pay for
nonregular service are set forth in chapter 1223 of this
title (beginning with section 12731).’’.
(8) Section 6034 is repealed.
(k) RETIRED GRADE.—(1) Part II of subtitle E, as
added by subsection (a), is further amended by adding
after chapter 1223 (as added by subsection (j)) the follow-
ing:
‘‘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.
208
‘‘12773. Limitation on accrual of increased pay or benefits.
‘‘12774. Retired lists.
‘‘§ 12771. Reserve officers: grade on transfer to Re-
tired Reserve
‘‘Unless entitled to a higher grade under another pro-
vision of law, a reserve commissioned officer, other than
a commissioned warrant officer, who is transferred to the
Retired Reserve is entitled to be placed on the retired list
established by section 12774(a) of this title in the highest
grade in which he served satisfactorily, as determined by
the Secretary concerned and in accordance with section
1370(d), in the armed force in which he is serving on the
date of transfer.
‘‘§ 12772. Reserve commissioned officers who have
served as Attending Physician to the
Congress: grade on transfer to Retired
Reserve
‘‘Unless entitled to a higher grade under another pro-
vision of law, a reserve commissioned officer who is trans-
ferred to the Retired Reserve after having served in the
position of Attending Physician to the Congress is entitled
to be placed on the retired list established by section
12774(a) of this title in the grade held by the officer while
serving in that position.
209
‘‘§ 12773. Limitation on accrual of increased pay or
benefits
‘‘Unless otherwise provided by law, no person is enti-
tled to increased pay or other benefits because of sections
12771 and 12772 of this title.
‘‘§ 12774. Retired lists
‘‘(a) Under regulations prescribed by the Secretary
concerned, there shall be maintained retired lists contain-
ing the names of the Reserves of the armed forces under
the Secretary’s jurisdiction who are in the Retired
Reserve.
‘‘(b) The Secretary of the Navy shall maintain a
United States Naval Reserve Retired List containing the
names of members of the Naval Reserve and the Marine
Corps Reserve entitled to retired pay.’’.
(2) Sections 1374 and 6017 are repealed.
(3)(A) Section 1376 is amended—
(i) by striking out subsection (a); and
(ii) by striking out ‘‘(b)’’ before ‘‘The Secretary
concerned’’.
(B) The heading of that section is amended to read
as follows:
210
‘‘§ 1376. Temporary disability retired lists’’.
SEC. 303. LAWS RELATING TO RESERVE COMPONENT
TRAINING AND EDUCATIONAL ASSISTANCE
PROGRAMS.
(a) TRAINING GENERALLY.—Subtitle E, as added by
section 101, is amended by adding after part III of such
subtitle (as added by that section) the following:
‘‘PART IV—TRAINING FOR RESERVE COM-
PONENTS AND EDUCATIONAL ASSIST-
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
‘‘CHAPTER 1601—TRAINING GENERALLY
‘‘[No present sections]’’.
(b) MONTGOMERY GI BILL
FOR SELECTED RE-
SERVE.—(1) Part IV of subtitle E (as added by subsection
(a)) is amended by adding at the end the following:
‘‘CHAPTER 1606—EDUCATIONAL ASSISTANCE FOR
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.’’.
211
(2) Sections 2131 through 2137 are transferred to
chapter 1606, as added by paragraph (1), inserted after
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
(3) Section 16131 (as so redesignated) is amended—
(A) in subsection (c)(3)(B)(i), by striking out
‘‘section 672 (a), (d), or (g), 673, or 673b’’ and in-
serting in lieu thereof ‘‘section 12301(a), 12301(d),
12301(g), 12302, or 12304’’; and
(B) in subsection (g)(1), by striking out ‘‘sec-
tion 2136(c)’’ and inserting in lieu thereof ‘‘section
16136(c)’’.
(4) Section 16132 (as so redesignated) is amended—
(A) in subsection (a), by striking out ‘‘section
2131’’ and inserting in lieu thereof ‘‘section 16131’’;
and
(B) in subsection (c), by striking out ‘‘sections
2134 and 2135’’ and inserting in lieu thereof ‘‘sec-
tion 16134 and 16135’’.
(5) Section 16133 (as so redesignated) is amended—
212
(A) in subsection (b)(1)(B), by striking out
‘‘section 268(b)’’ and inserting in lieu thereof ‘‘sec-
tion 10143(a)’’; and
(B) in subsection (b)(4)(A), by striking out
‘‘section 672 (a), (d), or (g), 673, or 673b’’ and in-
serting in lieu thereof ‘‘section 12301(a), 12301(d),
12301(g), 12302, or 12304’’.
(6) Section 16135 (as so redesignated) is amended—
(A) by striking out ‘‘section 2132’’ in sub-
section (a)(1)(A) and inserting in lieu thereof ‘‘sec-
tion 16132’’; and
(B) by striking out ‘‘section 2132(a)’’ in sub-
section (b)(1)(A) and inserting in lieu thereof ‘‘sec-
tion 16132(a)’’.
(7) Chapter 106 is amended by striking out the table
of sections at the beginning and inserting in lieu thereof
the following:
‘‘Sec.
‘‘2131. Reference to chapter 1606.
‘‘2138. Savings provision.
‘‘§ 2131. Reference to chapter 1606
‘‘Provisions of law relating to educational assistance
for members of the Selected Reserve under the Montgom-
ery GI Bill program are set forth in chapter 1606 of this
title (beginning with section 16131).’’.
(c) HEALTH PROFESSIONS STIPEND PROGRAM.—(1)
Part IV of subtitle E (as added by subsection (a)) is
213
amended by adding after chapter 1606 (as added by sub-
section (b)) the following:
‘‘CHAPTER 1608—HEALTH PROFESSIONS STIPEND
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.
‘‘§ 16204. Regulations
‘‘This chapter shall be administered under regula-
tions prescribed by the Secretary of Defense.’’.
(2) Section 2128 is transferred to chapter 1608, as
added by paragraph (1), inserted after the table of sec-
tions, redesignated as section 16201, and amended by
striking out subsection (f).
(3) Section 2129 is transferred to chapter 1608, as
added by paragraph (1), inserted after section 16201 (as
transferred and redesignated by paragraph (2)), and re-
designated as section 16202.
(4)(A) Section 2130 is transferred to chapter 1608,
as added by paragraph (1), inserted after section 16202
(as transferred and redesignated by paragraph (3)), redes-
ignated as section 16203, and amended by striking out
subsection (c).
(B) The heading of that section is amended to read
as follows:
214
‘‘§ 16203. Penalties and limitations’’.
(5) Section 16201, as so redesignated, is amended by
striking out ‘‘subchapter’’ each place it appears and in-
serting in lieu thereof ‘‘chapter’’.
(6) Section 16202, as so redesignated, is amended by
striking out ‘‘section 2128’’ both places it appears and in-
serting in lieu thereof ‘‘section 16201’’.
(7) Chapter 105 is amended—
(A) in the table of subchapters before sub-
chapter I—
(i) by striking out the item relating to sub-
chapter II; and
(ii) by redesignating the item relating to
subchapter III so as to refer to subchapter II;
(B) by striking out the heading for subchapter
II and the table of sections following that heading;
and
(C) by redesignating subchapter III as sub-
chapter II.
(d) EDUCATION LOAN REPAYMENT PROGRAMS.—(1)
Part IV of subtitle E (as added by subsection (a)) is
amended by adding after chapter 1608 (as added by sub-
section (c) the following:
215
‘‘CHAPTER 1609—EDUCATION LOAN REPAYMENT
PROGRAMS
‘‘Sec.
‘‘16301. Education loan repayment program: enlisted members of Selected Re-
serve with critical specialties.
‘‘16302. Education loan repayment program: health professions officers serving
in Selected Reserve with wartime critical medical skill short-
ages.
‘‘§ 16301. Education loan repayment program: en-
listed members of Selected Reserve with
critical specialties
‘‘(a)(1) Subject to the provisions of this section, the
Secretary of Defense may repay—
‘‘(A) any loan made, insured, or guaranteed
under part B of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1071 et seq.); or
‘‘(B) any loan made under part E of such title
(20 U.S.C. 1087aa et seq.).
Repayment of any such loan shall be made on the basis
of each complete year of service performed by the
borrower.
‘‘(2) The Secretary may repay loans described in
paragraph (1) in the case of any person for service per-
formed as an enlisted member of the Selected Reserve of
the Ready Reserve of an armed force in a reserve compo-
nent and military specialty specified by the Secretary of
Defense. The Secretary may repay such a loan only if the
216
person to whom the loan was made performed such service
after the loan was made.
‘‘(b) The portion or amount of a loan that may be
repaid under subsection (a) is 15 percent or $500, which-
ever is greater, for each year of service.
‘‘(c) If a portion of a loan is repaid under this section
for any year, interest on the remainder of the loan shall
accrue and be paid in the same manner as is otherwise
required.
‘‘(d) Nothing in this section shall be construed to au-
thorize refunding any repayment of a loan.
‘‘(e) A person who transfers from service making the
person eligible for repayment of loans under this section
(as described in subsection (a)(2)) to service making the
person eligible for repayment of loans under section 2171
of this title (as described in subsection (a)(2) of that sec-
tion) during a year shall be eligible to have repaid a por-
tion of such loan determined by giving appropriate frac-
tional credit for each portion of the year so served, in ac-
cordance with regulations of the Secretary concerned.
‘‘(f) The Secretary of Defense shall, by regulation,
prescribe a schedule for the allocation of funds made avail-
able to carry out the provisions of this section and section
2171 of this title during any year for which funds are not
sufficient to pay the sum of the amounts eligible for repay-
217
ment under subsection (a) and section 2171(a) of this
title.’’.
(2)(A) Section 2172 is transferred to the end of chap-
ter 1609, as added by paragraph (1), and redesignated
as section 16302.
(B) The heading of such section is amended to read
as follows:
‘‘§ 16302. Education loan repayment program: health
professions officers serving in Selected
Reserve with wartime critical medical
skill shortages’’.
(e) CONFORMING AMENDMENTS.—Section 2171 is
amended as follows:
(1) Subsection (a)(1)(B) is amended by striking
out ‘‘or’’ after ‘‘(B)’’.
(2) Subsection (a)(2) is amended—
(A) in the first sentence, by striking out
‘‘person for—’’ and all that follows through
‘‘(B) service performed’’ and inserting in lieu
thereof ‘‘person for service performed’’; and
(B) by striking out the second sentence.
(3) Subsection (b) is amended to read as
follows:
218
‘‘(b) The portion or amount of a loan that may be
repaid under subsection (a) is 331⁄3 percent or $1,500,
whichever is greater, for each year of service.’’.
(4) Subsection (e) is amended by striking out
‘‘Any individual who transfers from service described
in clause (A) or (B) of subsection (a)(2) to service
described in the other clause of such subsection’’
and inserting in lieu thereof ‘‘A person who trans-
fers from service making the person eligible for re-
payment of loans under this section (as described in
subsection (a)(2)) to service making the person eligi-
ble for repayment of loans under section 16301 of
this title (as described in subsection (a)(2) of that
section)’’.
(5) Subsection (f) is amended—
(A) by inserting ‘‘and section 16301 of this
title’’ after ‘‘this section’’; and
(B) by inserting ‘‘and section 16301(a) of
this title’’ after ‘‘subsection (a)’’.
(6) The heading of such section is amended to
read as follows:
219
‘‘§ 2171. Education loan repayment program: enlisted
members on active duty in specified mili-
tary specialties’’.
SEC. 304. LAWS RELATING TO RESERVE COMPONENT PRO-
CUREMENT AND EQUIPMENT.
(a) ADDITION OF NEW PART.—(1) Subtitle E, as
added by section 101, is amended by adding after part
IV of such subtitle (as added by section 303) the following:
‘‘PART V—SERVICE, SUPPLY, AND
PROCUREMENT
‘‘Chap.
Sec.
‘‘1801. Issue of Serviceable Material to Reserve Components
[No present
sections]
‘‘1803. Facilities for Reserve Components ..............................................
18231
‘‘1805. Miscellaneous Provisions ..............................................................
18501
‘‘CHAPTER 1801—ISSUE OF SERVICEABLE
MATERIAL TO RESERVE COMPONENTS
‘‘[No present sections]’’.
(b) FACILITIES FOR RESERVE COMPONENTS.—(1)
Chapter 133 is transferred to the end of part V of subtitle
E, as added by subsection (a), and redesignated as chapter
1803.
(2) The sections of that chapter are redesignated
as follows:
Redesignated
Section
section
2231 ..................................................................................
18231
2232 ..................................................................................
18232
2233 ..................................................................................
18233
2233a ................................................................................
18233a
2234 ..................................................................................
18234
2235 ..................................................................................
18235
220
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-
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 12213 and 12214 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’’.
244
(3) Section 712(c)(1) is amended by striking
out ‘‘section 270 of title 10’’ and inserting in lieu
thereof ‘‘section 10147 of title 10’’.
(4) Section 713 is amended by striking out
‘‘section 511(d) of title 10’’ and inserting in lieu
thereof ‘‘section 12103(d) of title 10’’.
(5) Sections 740(c) and 741(b) are amended by
striking out ‘‘section 1006 of title 10’’ and inserting
in lieu thereof ‘‘section 12646 of title 10’’.
(c) INTERNAL REVENUE CODE OF 1986.—Section
219(g)(6)(A) of the Internal Revenue Code of 1986 is
amended by striking out ‘‘section 261(a) of title 10’’ and
inserting in lieu thereof ‘‘section 10101 of title 10’’.
(d) TITLE 38, UNITED STATES CODE.—Title 38,
United States Code, is amended as follows:
(1) Sections 1965(5)(B), 1965(5)(C), and
1968(a)(4)(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 before the effective date of the Reserve
Officer Personnel Management Act)’’.
(2) Section 3002 is amended—
(A) in paragraph (4), by striking out ‘‘sec-
tion 268(b) of title 10’’ and inserting in lieu
thereof ‘‘section 10143(a) of title 10’’; and
245
(B) in paragraph (6), by striking out ‘‘sec-
tion 511(d) of title 10’’ and inserting in lieu
thereof ‘‘section 12103(d) of title 10’’.
(e) PUBLIC LAW 99–661.—Section 403(b)(1) of Pub-
lic Law 99–661 (10 U.S.C. 521 note) is amended—
(1) in subparagraph (B), by striking out ‘‘sec-
tion 265’’ and all that follows through ‘‘of title 10’’
and inserting in lieu thereof ‘‘section 10148(a),
10211, 10302 through 10305, 12301(a), or 12402
of title 10’’;
(2) in subparagraph (C), by striking out ‘‘sec-
tion 672(d)’’ and inserting in lieu thereof ‘‘section
12301(d)’’; and
(3) in subparagraph (E), by striking out ‘‘sec-
tion 673b’’ and inserting in lieu thereof ‘‘section
12304’’.
(f) MILITARY SELECTIVE SERVICE ACT.—Section 6
of the Military Selective Service Act (50 U.S.C. App. 456)
is amended—
(1) in subsection (c)(2)(A), by striking out
‘‘section 270 of title 10’’ and inserting in lieu there-
of ‘‘section 10147 of title 10’’;
(2) in subsection (c)(2)(D), by striking out
‘‘section 511(b) of title 10’’ and inserting in lieu
thereof ‘‘section 12103 of title 10’’; and
246
(3) in subsection (d)(1), by striking out ‘‘sec-
tion 270(a) of title 10’’ and inserting in lieu thereof
‘‘section 10147 of title 10’’.
TITLE V—TRANSITION PROVISIONS
SEC. 501. CONTINUATION ON THE RESERVE ACTIVE–STA-
TUS LIST OF CERTAIN RESERVE COLONELS
OF THE ARMY AND AIR FORCE.
(a) CONTINUATION UNDER OLD LAW.—Except as
provided in subsection (b), a reserve officer of the Army
or the Air Force who, on the effective date of this Act—
(1) is subject to placement on the reserve
active-status list of the Army or the Air Force; and
(2)(A) holds the reserve grade of colonel, (B) is
on a list of officers recommended for promotion to
the reserve grade of colonel, or (C) has been nomi-
nated by the President for appointment in the re-
serve grade of colonel,
shall continue to be subject to mandatory transfer to the
Retired Reserve or discharge from the officer’s reserve ap-
pointment under section 3851 or 8851 of title 10, United
States Code, as in effect on the day before the effective
date of this Act.
(b) EXEMPTION.—This section does not apply to an
officer who is—
247
(1) sooner transferred from an active status or
discharged under some other provision of law;
(2) promoted to a higher grade, unless the offi-
cer was on a list of officers recommended for pro-
motion to the reserve grade of colonel before the
effective date of this Act; or
(3) continued on the reserve active-status list
under section 14701 of title 10, United States Code,
as added by this Act.
SEC. 502. EFFECTS OF SELECTION FOR PROMOTION AND
FAILURE OF SELECTION FOR ARMY AND AIR
FORCE OFFICERS.
(a) PROMOTIONS TO FILL VACANCIES.—A reserve
commissioned officer of the Army or Air Force (other than
a commissioned warrant officer) who, on the day before
the effective date of this Act, is recommended for pro-
motion to fill a vacancy in the Army Reserve or the Air
Force Reserve under section 3383, 3384, 8372, or 8373
of title 10, United States Code, as in effect on the day
before the effective date of this Act, in the next higher
reserve grade shall be considered to have been rec-
ommended for promotion to that grade by a vacancy
promotion board under section 14101(a)(2) of title 10,
United States Code, as added by this Act.
248
(b) PROMOTIONS OTHER THAN TO FILL VACAN-
CIES.—A reserve officer of the Army or Air Force who,
on the day before the effective date of this Act, is rec-
ommended for promotion under section 3366, 3367, 3370,
3371, 8366, or 8371 of title 10, United States Code, as
in effect on the day before the effective date of this Act,
to a reserve grade higher than the grade in which the offi-
cer is serving shall be considered to have been rec-
ommended for promotion by a mandatory promotion board
convened under section 14101(a)(1) of title 10, United
States Code, as added by this Act.
(c) OFFICERS FOUND QUALIFIED FOR PROMOTION
TO FIRST LIEUTENANT.—A reserve officer of the Army
or Air Force who, on the effective date of the Act, holds
the grade of second lieutenant and has been found quali-
fied for promotion to the grade of first lieutenant in ac-
cordance with section 3365, 3382, or 8365 of title 10,
United States Code, as in effect on the day before the ef-
fective date of this Act, shall be promoted to that grade
on the date on which the officer would have been promoted
under the provisions of chapter 337 or 837 of such title,
as in effect on the day before the effective date of the
Act, unless sooner promoted under regulations prescribed
by the Secretary of the Army or the Secretary of the Air