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mandatory discharge under any other provision of 
law or regulation. 
‘‘(c) AMOUNT OF PAYMENT.—The amount of the vol-
untary retirement incentive payment paid an officer under 
this section shall be an amount determined by the Secretary 
concerned, but not to exceed an amount equal to 12 times 
the amount of the officer’s monthly basic pay at the time 
of the officer’s retirement. The amount may be paid in a 
lump sum at the time of retirement. 
‘‘(d) REPAYMENT FOR MEMBERS WHO RETURN TO AC-
TIVE DUTY.—(1) Except as provided in paragraph (2), a 
member of the armed forces who, after having received all 
or part of a voluntary retirement incentive under this sec-
tion, returns to active duty shall have deducted from each 
payment of basic pay, in such schedule of monthly install-
ments as the Secretary concerned shall specify, until the 
total amount deducted from such basic pay equals the total 
amount of voluntary retirement incentive received. 
‘‘(2) Members who are involuntarily recalled to active 
duty or full-time National Guard duty under any provision 
of law shall not be subject to this subsection. 
‘‘(3) The Secretary of Defense may waive, in whole or 
in part, repayment required under paragraph (1) if the 
Secretary determines that recovery would be against equity 
and good conscience or would be contrary to the best interest
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of the United States. The authority in this paragraph may 
be delegated only to the Under Secretary of Defense for Per-
sonnel and Readiness and the Principal Deputy Under Sec-
retary of Defense of Personnel and Readiness.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of subchapter IV of chapter 36 of such title 
is amended by inserting after the item relating to section 
638a the following new item: 
‘‘638b. Voluntary retirement incentive.’’. 
SEC. 503. NATIONAL DEFENSE UNIVERSITY OUTPLACE-
MENT WAIVER. 
(a) WAIVER AUTHORITY FOR OFFICERS NOT DES-
IGNATED AS JOINT QUALIFIED OFFICERS.—Subsection (b) 
of section 663 of title 10, United States Code, is amended— 
(1) in paragraph (1), by inserting after ‘‘to a 
joint duty assignment’’ the following: ‘‘(or, as author-
ized by the Secretary in an individual case, to a joint 
assignment other than a joint duty assignment)’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘the joint duty assignment’’ 
and inserting ‘‘the assignment’’; and 
(B) by striking ‘‘a joint duty assignment’’ 
and inserting ‘‘such an assignment’’. 
(b) EXCEPTION.—Such section is further amended by 
adding at the end the following new subsection:
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‘‘(d) EXCEPTION FOR OFFICERS GRADUATING FROM 
OTHER-THAN-IN-RESIDENCE PROGRAMS.—(1) Subsection 
(a) does not apply to an officer graduating from a school 
within the National Defense University specified in sub-
section (c) following pursuit of a program on an other-than- 
in-residence basis. 
‘‘(2) Subsection (b) does not apply with respect to any 
group of officers graduating from a school within the Na-
tional Defense University specified in subsection (c) fol-
lowing pursuit of a program on an other-than-in-residence 
basis.’’. 
SEC. 504. MODIFICATION OF DEFINITION OF ‘‘JOINT DUTY 
ASSIGNMENT’’ TO INCLUDE ALL INSTRUCTOR 
ASSIGNMENTS FOR JOINT TRAINING AND 
EDUCATION. 
Section 668(b)(1)(B) of title 10, United States Code, 
is amended by striking ‘‘assignments for joint’’ and all that 
follows through ‘‘Phase II’’ and inserting ‘‘student assign-
ments for joint training and education’’.
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Subtitle B—Reserve Component 
Management 
SEC. 511. AUTHORITY FOR ORDER TO ACTIVE DUTY OF 
MEMBERS OF THE SELECTED RESERVE AND 
CERTAIN 
MEMBERS 
OF 
THE 
INDIVIDUAL 
READY 
RESERVE 
FOR 
PREPLANNED 
MIS-
SIONS. 
(a) AUTHORITY.— 
(1) IN
GENERAL.—Chapter 1209 of title 10, 
United States Code, is amended by inserting after sec-
tion 12304 the following new section: 
‘‘§ 12304a. Selected Reserve and certain Individual 
Ready Reserve members: order to active 
duty for preplanned missions 
‘‘(a) AUTHORITY.—When the Secretary of a military 
department determines that it is necessary to augment the 
active forces for a preplanned mission, the Secretary may, 
subject to subsection (b), order any unit, and any member 
not assigned to a unit organized to serve as a unit, of the 
Selected Reserve (as defined in section 10143(a) of this 
title), or any member in the Individual Ready Reserve mo-
bilization category and designated as essential under regu-
lations prescribed by the Secretary, under the jurisdiction 
of the Secretary, without the consent of the members, to ac-
tive duty for not more than 365 consecutive days.
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‘‘(b) LIMITATIONS.—(1) Units or members may be or-
dered to active duty under this section only if— 
‘‘(A) the manpower and associated costs of such 
active duty are specifically included and identified in 
the defense budget materials for the fiscal year or 
years in which such units or members are anticipated 
to be ordered to active duty; and 
‘‘(B) the budget information on such costs in-
cludes a description of the mission for which such 
units or members are anticipated to be ordered to ac-
tive duty and the anticipated length of time of the 
order of such units or members to active duty on an 
involuntary basis. 
‘‘(2) Not more than 60,000 members of the reserve com-
ponents of the armed forces may be on active duty under 
this section at any one time. 
‘‘(c) EXCLUSION FROM STRENGTH LIMITATIONS.— 
Members ordered to active duty under this section shall not 
be counted in computing authorized strength in members 
on active duty or total number of members in grade under 
this title or any other law. 
‘‘(d) NOTICE TO CONGRESS.—Whenever the Secretary 
of a military department orders any unit or member of the 
Selected Reserve or Individual Ready Reserve to active duty 
under subsection (a), such Secretary shall submit to Con-
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gress a report, in writing, setting forth the circumstances 
necessitating the action taken under this section and de-
scribing the anticipated use of such units or members. 
‘‘(e) TERMINATION OF DUTY.—Whenever any unit of 
the Selected Reserve or any member of the Selected Reserve 
not assigned to a unit organized to serve as a unit, or any 
member of the Individual Ready Reserve, is ordered to ac-
tive duty under subsection (a), the service of all units or 
members so ordered to active duty may be terminated by— 
‘‘(1) order of the Secretary of the military de-
partment concerned, or 
‘‘(2) law. 
‘‘(f) RELATIONSHIP TO WAR POWERS RESOLUTION.— 
Nothing contained in this section shall be construed as 
amending or limiting the application of the provisions of 
the War Powers Resolution (50 U.S.C. 1541 et seq.). 
‘‘(g) CONSIDERATIONS FOR INVOLUNTARY ORDER TO 
ACTIVE DUTY.—In determining which members of the Se-
lected Reserve and the Individual Ready Reserve will be or-
dered to duty without their consent under this section, ap-
propriate consideration shall be given to— 
‘‘(1) the length and nature of previous service, to 
assure such sharing of exposure to hazards as the na-
tional security and military requirements will rea-
sonably allow;
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‘‘(2) the frequency of assignments during service 
career; 
‘‘(3) family responsibilities; and 
‘‘(4) employment necessary to maintain the na-
tional health, safety, or interest. 
‘‘(h) POLICIES AND PROCEDURES.—The Secretaries of 
the military departments shall prescribe policies and proce-
dures to carry out this section, including on determinations 
of orders to active duty under subsection (g). Such policies 
and procedures shall not go into effect until approved by 
the Secretary of Defense. 
‘‘(i) DEFINITIONS.—In this section: 
‘‘(1) The term ‘defense budget materials’ has the 
meaning given that term in section 231(d)(2) of this 
title. 
‘‘(2) The term ‘Individual Ready Reserve mobili-
zation category’ means, in the case of any reserve 
component, the category of the Individual Ready Re-
serve described in section 10144(b) of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 1209 of such title is 
amended by inserting after the item relating to sec-
tion 12304 the following new item: 
‘‘12304a. Selected Reserve and certain Individual Ready Reserve members: order 
to active duty for preplanned missions.’’.