[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1040 Reported in House (RH)]

                                                  Union Calendar No. 38

103d CONGRESS

  1st Session

                               H. R. 1040

                          [Report No. 103-84]

_______________________________________________________________________

                                 A BILL

 To amend title 10, United States Code, to revise and standardize the 
provisions of law relating to appointment, promotion, and separation of 
commissioned officers of the reserve components of the Armed Forces, to 
  consolidate in a new subtitle the provisions of law relating to the 
              reserve components, and for other purposes.

_______________________________________________________________________

                              May 6, 1993

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed





                                                  Union Calendar No. 38
103d CONGRESS
  1st Session
                                H. R. 1040

                          [Report No. 103-84]

 To amend title 10, United States Code, to revise and standardize the 
provisions of law relating to appointment, promotion, and separation of 
commissioned officers of the reserve components of the Armed Forces, to 
  consolidate in a new subtitle the provisions of law relating to the 
              reserve components, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 23, 1993

Mr. Montgomery introduced the following bill; which was referred to the 
                      Committee on Armed Services

                              May 6, 1993

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
 To amend title 10, United States Code, to revise and standardize the 
provisions of law relating to appointment, promotion, and separation of 
commissioned officers of the reserve components of the Armed Forces, to 
  consolidate in a new subtitle the provisions of law relating to the 
              reserve components, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Reserve Officer 
Personnel Management Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to title 10, United States Code.
             TITLE I--RESERVE OFFICER PERSONNEL MANAGEMENT

   Part A--Revised and Standardized Reserve Officer Personnel System

Sec. 101. Promotion and retention of reserve officers.
                     Part B--Conforming Amendments

Sec. 111. Definition of reserve active-status list.
Sec. 112. Authority to suspend officer personnel laws during war or 
                            national emergency.
Sec. 113. Active-duty list promotion boards to have authority to 
                            recommend that reserve officers considered 
                            for promotion be required to show cause for 
                            retention on active duty.
Sec. 114. Applicability of chapter 36 to reserve officers during war or 
                            national emergency.
Sec. 115. Grade in which reserve officers are ordered to active duty.
Sec. 116. Date of rank.
Sec. 117. Discharge before completion of required service in case of 
                            officers having twice failed of selection 
                            for captain or navy lieutenant.
Sec. 118. Conforming amendments relating to Navy and Marine Corps 
                            officers.
Sec. 119. Repeal of reserve officer personnel policy laws.
Sec. 120. Amendments to title 32, United States Code.
              TITLE II--OTHER PERSONNEL POLICY AMENDMENTS

                          Part A--Appointments

Sec. 201. Repeal of separate authority for accession of women in 
                            reserve components.
Sec. 202. Appointment authority for reserve grades of lieutenant 
                            colonel and commander.
Sec. 203. Appointment of former commissioned officers in reserve 
                            components.
Sec. 204. Constructive credit for appointment of officers in reserve 
                            components with qualifying education or 
                            experience.
Sec. 205. Computation of years of service for transfer of Army officers 
                            to Retired Reserve.
Sec. 206. Repeal of miscellaneous obsolete appointment authorities.
                   Part B--Retirement and Separation

Sec. 221. Computation of highest grade in which satisfactorily served 
                            for reserve commissioned officers and 
                            former officers.
                        Part C--Other Amendments

Sec. 241. Tenure in office of Chief of National Guard Bureau.
Sec. 242. Right to reenlist in Regular Army or Regular Air Force after 
                            service as an officer.
TITLE III--REORGANIZATION AND CONSOLIDATION OF LAWS RELATING TO RESERVE 
                               COMPONENTS

Sec. 301. Laws relating to organization and administration of reserve 
                            components.
Sec. 302. Laws relating to reserve component personnel policy.
Sec. 303. Laws relating to reserve component training and educational 
                            assistance programs.
Sec. 304. Laws relating to reserve component procurement and equipment.
Sec. 305. Legislative construction.
              TITLE IV--TECHNICAL AND CLERICAL AMENDMENTS

Sec. 401. Amendments to subtitle A of title 10, United States Code.
Sec. 402. Amendments to subtitle B of title 10, United States Code.
Sec. 403. Amendments to subtitle C of title 10, United States Code.
Sec. 404. Amendments to subtitle D of title 10, United States Code.
Sec. 405. Amendments to subtitle E of title 10, United States Code.
Sec. 406. Amendments to titles 32 and 37, United States Code.
Sec. 407. Amendments to other laws.
                     TITLE V--TRANSITION PROVISIONS

Sec. 501. Continuation on the reserve active-status list of certain 
                            reserve colonels of the Army and Air Force.
Sec. 502. Effects of selection for promotion and failure of selection 
                            for Army and Air Force officers.
Sec. 503. Effects of selection for promotion and failure of selection 
                            for Navy and Marine Corps officers.
Sec. 504. Delays in promotions and removals from promotion list.
Sec. 505. Minimum service qualifications for promotion.
Sec. 506. Establishment of reserve active-status list.
Sec. 507. Preservation of relative seniority under the initial 
                            establishment of the reserve active-status 
                            list.
Sec. 508. Grade on transfer to the Retired Reserve.
Sec. 509. Rights for officers with over three years service.
Sec. 510. Mandatory separation for age for certain reserve officers of 
                            the Navy and Marine Corps.
        TITLE VI--EFFECTIVE DATES AND GENERAL SAVINGS PROVISIONS

Sec. 601. Effective dates.
Sec. 602. Preservation of suspended status of laws suspended as of 
                            effective date.
Sec. 603. Preservation of preexisting rights, duties, penalties, and 
                            proceedings.

SEC. 2. REFERENCES TO TITLE 10, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of title 10, United States 
Code.

             TITLE I--RESERVE OFFICER PERSONNEL MANAGEMENT

   Part A--Revised and Standardized Reserve Officer Personnel System

SEC. 101. PROMOTION AND RETENTION OF RESERVE OFFICERS.

    Title 10, United States Code, is amended by adding at the end the 
following new subtitle:

                    ``Subtitle E--Reserve Components

               ``PART I--ORGANIZATION AND ADMINISTRATION

``Chap.                                                            Sec.
``1001. Definitions.........................................      10001
``1003. Reserve Components Generally........................      10101
``1005. Elements of Reserve Components......................      10141
``1007. Administration of Reserve Components................      10201
``1009. Reserve Forces Policy Boards and Committees.........      10301
``1011. National Guard Bureau...............................      10501
``1013. Budget Information and Annual Reports to Congress...      10541
                     ``PART II--PERSONNEL GENERALLY

``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           12501
                            Duties.
``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
 ``PART III--PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-
                              STATUS LIST

``1401. Applicability and Reserve Active-Status Lists.......      14001
``1403. Selection Boards....................................      14101
``1405. Promotions..........................................      14301
``1407. Failure of Selection for Promotion and Involuntary        14501
                            Separation.
``1409. Continuation of Officers on the Reserve-Active            14701
                            Status List and Selective Early 
                            Removal.
``1411. Additional Provisions Relating to Involuntary             14901
                            Separation.
 ``PART IV--TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE 
                                PROGRAMS

``1601. Training Generally........................[No present sections]
``1606. Educational Assistance for Members of the Selected        16131
                            Reserve.
``1608. Health Professions Stipend Program..................      16201
``1609. Education Loan Repayments...........................      16301
               ``PART V--SERVICE, SUPPLY, AND PROCUREMENT

``1801. Issue of Serviceable Material to Reserve C[No present sections]
``1803. Facilities for Reserve Components...................      18231
``1805. Miscellaneous Provisions............................      18501

 ``PART III--PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-
                              STATUS LIST

``Chap.                                                            Sec.
``1401. Applicability and Reserve Active-Status Lists.......      14001
``1403. Selection Boards....................................      14101
``1405. Promotions..........................................      14301
``1407. Failure of Selection for Promotion and Involuntary        14501
                            Separation.
``1409. Continuation of Officers on the Reserve Active-           14701
                            Status List and Selective Early 
                            Removal.
``1411. Additional Provisions Relating to Involuntary             14901
                            Separation.

     ``CHAPTER 1401--APPLICABILITY AND RESERVE ACTIVE-STATUS LISTS

``Sec.
``14001. Applicability of this part.
``14002. Reserve active-status lists: requirement for each armed force.
``14003. Reserve active-status lists: position of officers on the list.
``14004. Reserve active-status lists: eligibility for Reserve 
                            promotion.
``14005. Competitive categories.
``14006. Determination of years in grade.
``Sec. 14001. Applicability of this part
    ``This chapter and chapters 1403 through 1411 of this title apply, 
as appropriate, to all reserve officers of the Army, Navy, Air Force, 
and Marine Corps except warrant officers.
``Sec. 14002. Reserve active-status lists: requirement for each armed 
              force
    ``(a) The Secretary of each military department shall maintain a 
single list, to be known as the reserve active-status list, for each 
armed force under the Secretary's jurisdiction. That list shall include 
the names of all reserve officers of that armed force who are in an 
active status other than those on an active-duty list described in 
section 620 of this title or warrant officers (including commissioned 
warrant officers).
    ``(b) The reserve active-status list for the Army shall include 
officers in the Army Reserve and the Army National Guard of the United 
States. The reserve active-status list for the Air Force shall include 
officers in the Air Force Reserve and the Air National Guard of the 
United States. The Secretary of the Navy shall maintain separate lists 
for the Naval Reserve and the Marine Corps Reserve.
``Sec. 14003. Reserve active-status: position of officers on the list
    ``(a) Position on List.--Officers shall be carried on the reserve 
active-status list of the armed force of which they are members in the 
order of seniority of the grade in which they are serving in an active 
status. Officers serving in the same grade shall be carried in the 
order of their rank in that grade.
    ``(b) Effect on Position Held by Reason of Temporary Appointment or 
Assignment.--An officer whose position on the reserve active-status 
list results from service under a temporary appointment or in a grade 
held by reason of assignment to a position has, when that appointment 
or assignment ends, the grade and position on that list that the 
officer would have held if the officer had not received that 
appointment or assignment.
``Sec. 14004. Reserve active-status lists: eligibility for Reserve 
              promotion
    ``Except as otherwise provided by law, an officer must be on a 
reserve active-status list to be eligible under chapter 1405 of this 
title for consideration for selection for promotion or for promotion.
``Sec. 14005. Competitive categories
    ``Each officer whose name appears on a reserve active-status list 
shall be placed in a competitive category. The competitive categories 
for each armed force shall be specified by the Secretary of the 
military department concerned under regulations prescribed by the 
Secretary of Defense. Officers in the same competitive category shall 
compete among themselves for promotion.
``Sec. 14006. Determination of years in grade
    ``For the purpose of chapters 1403 through 1411 of this title, an 
officer's years of service in a grade are computed from the officer's 
date of rank in grade as determined under section 741(d) of this title.

                    ``CHAPTER 1403--SELECTION BOARDS

``Sec.
``14101. Convening of selection boards.
``14102. Selection boards: appointment and composition.
``14103. Oath of members.
``14104. Confidentiality of board proceedings.
``14105. Notice of convening of selection board.
``14106. Communication with board by officers under consideration.
``14107. Information furnished by the Secretary concerned to promotion 
                            boards.
``14108. Recommendations by promotion boards.
``14109. Reports of promotion boards: in general.
``14110. Reports of promotion boards: review by Secretary.
``14111. Reports of selection boards: transmittal to President.
``14112. Dissemination of names of officers selected.
``Sec. 14101. Convening of selection boards
    ``(a) Promotion Boards.--(1) Whenever the needs of the Army, Navy, 
Air Force, or Marine Corps require, the Secretary concerned shall 
convene a selection board to recommend for promotion to the next higher 
grade, under chapter 1405 of this title, officers on the reserve 
active-status list of that armed force in a permanent grade from first 
lieutenant through brigadier general or, in the case of the Naval 
Reserve, lieutenant (junior grade) through rear admiral (lower half). A 
selection board convened under this subsection shall be known as a 
`promotion board'.
    ``(2) A promotion board convened to recommend reserve officers of 
the Army or reserve officers of the Air Force for promotion (A) to fill 
a position vacancy under section 14315 of this title, or (B) to the 
grade of brigadier general or major general, shall (except in the case 
of a board convened to consider officers as provided in section 
14301(e) of this title) be known as a `vacancy promotion board'. Any 
other promotion board convened under this subsection shall be known as 
a `mandatory promotion board'.
    ``(b) Continuation Boards.--Whenever the needs of the Army, Navy, 
Air Force, or Marine Corps require, the Secretary concerned may convene 
a selection board to recommend officers of that armed force--
            ``(1) for continuation on the reserve active-status list 
        under section 14701 of this title;
            ``(2) for selective early removal from the reserve active-
        status list under section 14704 of this title; or
            ``(3) for selective early retirement under section 14705 of 
        this title.
A selection board convened under this subsection shall be known as a 
`continuation board'.
``Sec. 14102. Selection boards: appointment and composition
    ``(a) Appointment.--Members of selection boards convened under 
section 14101 shall be appointed by the Secretary of the military 
department concerned in accordance with this section. Promotion boards 
and special selection boards shall consist of five or more officers. 
Continuation boards shall consist of three or more officers. All of the 
officers of any such selection board shall be of the same armed force 
as the officers under consideration by the board.
    ``(b) Composition.--At least one-half of the members of such a 
selection board shall be reserve officers, to include at least one 
reserve officer from each reserve component from which officers are to 
be considered by the board. Each member of a selection board must hold 
a permanent grade higher than the grade of the officers under 
consideration by the board, and no member of a board may hold a grade 
below major or lieutenant commander.
    ``(c) Representation of Competitive Categories.--(1) Except as 
provided in paragraph (2), a selection board shall include at least one 
officer from each competitive category of officers to be considered by 
the board.
    ``(2) A selection board need not include an officer from a 
competitive category to be considered by the board if there is no 
officer of that competitive category on the reserve active-status list 
or the active-duty list in a permanent grade higher than the grade of 
the officers to be considered by the board and otherwise eligible to 
serve on the board. However, in such a case, the Secretary of the 
military department concerned, in his discretion, may appoint as a 
member of the board a retired officer of that competitive category who 
is in the same armed force as the officers under consideration by the 
board who holds a higher grade than the grade of the officers under 
consideration.
    ``(d) Prohibition of Service on Consecutive Promotion Boards.--No 
officer may be a member of two successive promotion boards convened 
under section 14101(a) of this title for the consideration of officers 
of the same competitive category and grade if the second of the two 
boards is to consider any officer who was considered and not 
recommended for promotion to the next higher grade by the first of the 
two boards.
``Sec. 14103. Oath of members
    ``Each member of a selection board convened under section 14101 of 
this title shall take an oath to perform the duties of a member of the 
board without prejudice or partiality, having in view both the special 
fitness of officers and the efficiency of the member's armed force.
``Sec. 14104. Confidentiality of board proceedings
    ``Except as otherwise authorized or required by law, the 
proceedings of a selection board convened under section 14101 of this 
title may not be disclosed to any person not a member of the board.
``Sec. 14105. Notice of convening of promotion board
    ``(a) Required Notice.--At least 30 days before a promotion board 
is convened under section 14101(a) of this title to consider officers 
in a grade and competitive category for promotion to the next higher 
grade, the Secretary concerned shall either (1) notify in writing the 
officers eligible for consideration by the board for promotion 
regarding the convening of the board, or (2) issue a general written 
notice to the armed force concerned regarding the convening of the 
board.
    ``(b) Content of Notice.--A notice under subsection (a) shall 
include the date on which the board is to convene and (except in the 
case of a vacancy promotion board) the name and date of rank of the 
junior officer, and of the senior officer, in the promotion zone as of 
the date of the notice.
``Sec. 14106. Communication with board by officers under consideration
    ``Subject to regulations prescribed by the Secretary of the 
military department concerned, an officer eligible for consideration by 
a promotion board convened under section 14101(a) of this title who is 
in the promotion zone or above the promotion zone, or who is to be 
considered by a vacancy promotion board, may send a written 
communication to the board calling attention to any matter concerning 
the officer which the officer considers important to the officer's 
case. Any such communication shall be sent so as to arrive not later 
than the date on which the board convenes. The board shall give 
consideration to any timely communication under this section.
``Sec. 14107. Information furnished by the Secretary concerned to 
              promotion boards
    ``(a) Integrity of the Promotion Selection Board Process.--(1) The 
Secretary of Defense shall prescribe regulations governing information 
furnished to selection boards convened under section 14101(a) of this 
title. Those regulations shall apply uniformly among the military 
departments. Any regulations prescribed by the Secretary of a military 
department to supplement those regulations may not take effect without 
the approval of the Secretary of Defense in writing.
    ``(2) No information concerning a particular eligible officer may 
be furnished to a selection board except for the following:
            ``(A) Information that is in the officer's official 
        military personnel file and that is provided to the selection 
        board in accordance with the regulations prescribed by the 
        Secretary of Defense pursuant to paragraph (1).
            ``(B) Other information that is determined by the Secretary 
        of the military department concerned, after review by that 
        Secretary in accordance with standards and procedures set out 
        in the regulations prescribed by the Secretary of Defense 
        pursuant to paragraph (1), to be substantiated, relevant 
        information that could reasonably and materially affect the 
        deliberations of the promotion board.
            ``(C) Subject to such limitations as may be prescribed in 
        those regulations, information communicated to the board by the 
        officer in accordance with this section, section 14106 of this 
        title (including any comment on information referred to in 
        subparagraph (A) regarding that officer), or other applicable 
        law.
            ``(D) A factual summary of the information described in 
        subparagraphs (A), (B), and (C) that, in accordance with the 
        regulations prescribed pursuant to paragraph (1) is prepared by 
        administrative personnel for the purpose of facilitating the 
        work of the selection board.
    ``(3) Information provided to a promotion board in accordance with 
paragraph (2) shall be made available to all members of the board and 
shall be made a part of the record of the board. Communication of such 
information shall be in a written form or in the form of an audio or 
video recording. If a communication is in the form of an audio or video 
recording, a written transcription of the recording shall also be made 
a part of the record of the promotion board.
    ``(4) Paragraphs (2) and (3) do not apply to the furnishing of 
appropriate administrative processing information to the promotion 
board by an administrative staff designated to assist the board, but 
only to the extent that oral communications are necessary to facilitate 
the work of the board.
    ``(5) Information furnished to a promotion board that is described 
in subparagraph (B), (C), or (D) of paragraph (2) may not be furnished 
to a later promotion board unless--
            ``(A) the information has been properly placed in the 
        official military personnel file of the officer concerned; or
            ``(B) the information is provided to the later selection 
        board in accordance with paragraph (2).
    ``(6)(A) Before information described in paragraph (2)(B) regarding 
an eligible officer is furnished to a selection board, the Secretary of 
the military department concerned shall ensure--
            ``(i) that such information is made available to such 
        officer; and
            ``(ii) that the officer is afforded a reasonable 
        opportunity to submit comments on that information to the 
        promotion board.
    ``(B) If an officer cannot be given access to the information 
referred to in subparagraph (A) because of its classification status, 
the officer shall, to the maximum extent practicable, be furnished an 
appropriate summary of the information.
    ``(b) Information To Be Furnished.--The Secretary of the military 
department concerned shall furnish to a promotion board convened under 
section 14101(a) of this title the following:
            ``(1) In the case of a mandatory promotion board, the 
        maximum number (as determined in accordance with section 14307 
        of this title) of officers in each competitive category under 
        consideration that the board is authorized to recommend for 
        promotion to the next higher grade.
            ``(2) The name of each officer in each competitive category 
        under consideration who is to be considered by the board for 
        promotion.
            ``(3) The pertinent records (as determined by the 
        Secretary) of each officer whose name is furnished to the 
        board.
            ``(4) Information or guidelines relating to the needs of 
        the armed force concerned for officers having particular 
        skills, including (except in the case of a vacancy promotion 
        board) guidelines or information relating to either a minimum 
        number or a maximum number of officers with particular skills 
        within a competitive category.
            ``(5) Such other information or guidelines as the Secretary 
        concerned may determine to be necessary to enable the board to 
        perform its functions.
    ``(c) Limitation on Modifying Furnished Information.--Information 
or guidelines furnished to a selection board under subsection (a) may 
not be modified, withdrawn, or supplemented after the board submits its 
report to the Secretary of the military department concerned pursuant 
to section 14109(a) of this title. However, in the case of a report 
returned to a board pursuant to section 14110(a) of this title for 
further proceedings because of a determination by the Secretary of the 
military department concerned that the board acted contrary to law, 
regulation, or guidelines, the Secretary may modify, withdraw, or 
supplement such information or guidelines as part of a written 
explanation to the board as provided in that section.
    ``(d) Officers in Health-Professions Competitive Categories.--The 
Secretary of each military department, under uniform regulations 
prescribed by the Secretary of Defense, shall include in guidelines 
furnished to a promotion board convened under section 14101(a) of this 
title that is considering officers in a health-professions competitive 
category for promotion to a grade below colonel or, in the case of 
officers of the Naval Reserve, captain, a direction that the board give 
consideration to an officer's clinical proficiency and skill as a 
health professional to at least as great an extent as the board gives 
to the officer's administrative and management skills.
``Sec. 14108. Recommendations by promotion boards
    ``(a) Recommendation of Best Qualified Officers.--A promotion board 
convened under section 14101(a) of this title shall recommend for 
promotion to the next higher grade those officers considered by the 
board whom the board considers best qualified for promotion within each 
competitive category considered by the board or, in the case of a 
vacancy promotion board, among those officers considered to fill a 
vacancy. In determining those officers who are best qualified for 
promotion, the board shall give due consideration to the needs of the 
armed force concerned for officers with particular skills (as noted in 
the guidelines or information furnished the board under sections 14107 
of this title).
    ``(b) Majority Required.--A promotion board convened under section 
14101(a) of this title may not recommend an officer for promotion 
unless--
            ``(1) the officer receives the recommendation of a majority 
        of the members of the board; and
            ``(2) a majority of the members of the board finds that the 
        officer is fully qualified for promotion.
    ``(c) Board Recommendation Required for Promotion.--Except as 
otherwise provided by law, an officer on the reserve active-status list 
may not be promoted to a higher grade under chapter 1405 of this title 
unless the officer is considered and recommended for promotion to that 
grade by a promotion board convened under section 14101(a) of this 
title (or by a special selection board convened under section 14502 of 
this title).
    ``(d) Disclosure of Board Recommendations.--The recommendations of 
a promotion board may be disclosed only in accordance with regulations 
prescribed by the Secretary of Defense. Those recommendations may not 
be disclosed to a person not a member of the board (or a member of the 
administrative staff designated by the Secretary concerned to assist 
the board) until the written report of the recommendations of the 
board, required by section 14109 of this title, is signed by each 
member of the board.
    ``(e) Prohibition of Coercion and Unauthorized Influence of Actions 
of Board Members.--The Secretary convening a promotion board under 
section 14101(a) of this title, and an officer or other official 
exercising authority over any member of a selection board, may not--
            ``(1) censure, reprimand, or admonish the selection board 
        or any member of the board with respect to the recommendations 
        of the board or the exercise of any lawful function within the 
        authorized discretion of the board; or
            ``(2) attempt to coerce or, by any unauthorized means, 
        influence any action of a promotion board or any member of a 
        promotion board in the formulation of the board's 
        recommendations.
``Sec. 14109. Reports of promotion boards: in general
    ``(a) Report of Officers Recommended for Promotion.--Each promotion 
board convened under section 14101(a) of this title shall submit to the 
Secretary of the military department concerned a report in writing 
containing a list of the names of the officers recommended by the board 
for promotion. The report shall be signed by each member of the board.
    ``(b) Certification.--Each report under subsection (a) shall 
include a certification--
            ``(1) that the board has carefully considered the record of 
        each officer whose name was furnished to the board; and
            ``(2) that, in the case of a promotion board convened under 
        section 14101(a) of this title, in the opinion of a majority of 
        the members of the board, the officers recommended for 
        promotion by the board are best qualified for promotion to meet 
        the needs of the armed force concerned (as noted in the 
        guidelines or information furnished the board under section 
        14107 of this title) among those officers whose names were 
        furnished to the selection board.
    ``(c) Show-Cause Recommendations.--(1) A promotion board convened 
under section 14101(a) of this title shall include in its report to the 
Secretary concerned the name of any reserve officer before it for 
consideration for promotion whose record, in the opinion of a majority 
of the members of the board, indicates that the officer should be 
required to show cause for retention in an active status.
    ``(2) If such a report names an officer as having a record which 
indicates that the officer should be required to show cause for 
retention, the Secretary concerned may provide for the review of the 
record of that officer as provided under regulations prescribed under 
section 14902 of this title.
``Sec. 14110. Reports of promotion boards: review by Secretary
    ``(a) Review of Report.--Upon receipt of the report of a promotion 
board submitted under section 14109(a) of this title, the Secretary of 
the military department concerned shall review the report to determine 
whether the board has acted contrary to law or regulation or to 
guidelines furnished the board under section 14107(a) of this title. 
Following that review, unless the Secretary concerned makes a 
determination as described in subsection (b), the Secretary shall 
submit the report as required by section 14111 of this title.
    ``(b) Return of Report for Further Proceedings.--If, on the basis 
of a review of the report under subsection (a), the Secretary of the 
military department concerned determines that the board acted contrary 
to law or regulation or to guidelines furnished the board under section 
14107(a) of this title, the Secretary shall return the report, together 
with a written explanation of the basis for such determination, to the 
board for further proceedings. Upon receipt of a report returned by the 
Secretary concerned under this subsection, the selection board (or a 
subsequent selection board convened under section 14101(a) of this 
title for the same grade and competitive category) shall conduct such 
proceedings as may be necessary in order to revise the report to be 
consistent with law, regulation, and such guidelines and shall resubmit 
the report, as revised, to the Secretary in accordance with section 
14109 of this title.
``Sec. 14111. Reports of selection boards: transmittal to President
    ``(a) Transmittal to President.--The Secretary concerned, after 
final review of the report of a selection board under section 14110 of 
this title, shall submit the report with the Secretary's 
recommendations, to the Secretary of Defense for transmittal by the 
Secretary to the President for approval or disapproval. If the 
authority of the President to approve or disapprove the report of a 
promotion board is delegated to the Secretary of Defense, that 
authority may not be redelegated except to an official in the Office of 
the Secretary of Defense.
    ``(b) Removal of Name From Board Report.--The name of an officer 
recommended for promotion by a selection board may be removed from the 
report of the selection board only by the President.
    ``(c) Recommendations for Removal of Selected Officers From 
Report.--If the Secretary of a military department or the Secretary of 
Defense makes a recommendation under this section that the name of an 
officer be removed from the report of a promotion board and the 
recommendation is accompanied by information that was not presented to 
that promotion board, that information shall be made available to that 
officer. The officer shall then be afforded a reasonable opportunity to 
submit comments on that information to the officials making the 
recommendation and the officials reviewing the recommendation. If an 
eligible officer cannot be given access to such information because of 
its classification status, the officer shall, to the maximum extent 
practicable, be provided with an appropriate summary of the 
information.
``Sec. 14112. Dissemination of names of officers selected
    ``Upon approval by the President of the report of a promotion 
board, the names of the officers recommended for promotion by the 
promotion board (other than any name removed by the President) may be 
disseminated to the armed force concerned. If those names have not been 
sooner disseminated, those names (other than the name of any officer 
whose promotion the Senate failed to confirm) shall be promptly 
disseminated to the armed force concerned upon confirmation by the 
Senate.

                       ``CHAPTER 1405--PROMOTIONS

``Sec.
``14301. Eligibility for consideration for promotion: general rules.
``14302. Promotion zones.
``14303. Eligibility for consideration for promotion: minimum years of 
                            service in grade.
``14304. Eligibility for consideration for promotion: maximum years of 
                            service in grade.
``14305. Establishment of promotion zones: mandatory consideration for 
                            promotion.
``14306. Establishment of promotion zones: Naval Reserve and Marine 
                            Corps Reserve running mate system.
``14307. Numbers of officers to be recommended for promotion.
``14308. Promotions: how made.
``14309. Acceptance of promotion: oath of office.
``14310. Removal of officers from a list of officers recommended for 
                            promotion.
``14311. Delay of promotion: involuntary.
``14312. Delay of promotion: voluntary.
``14313. Authority to vacate promotions to grade of brigadier general 
                            or rear admiral (lower half).
``14314. Army and Air Force commissioned officers: generals ceasing to 
                            occupy positions commensurate with grade; 
                            state adjutants general.
``14315. Position vacancy promotions: Army and Air Force officers.
``14316. Army National Guard and Air National Guard: appointment to and 
                            Federal recognition in a higher reserve 
                            grade after selection for promotion.
``14317. Officers in transition to and from the active-status list or 
                            active-duty list.
``Sec. 14301. Eligibility for consideration for promotion: general 
              rules
    ``(a) One-Year Rule.--An officer is eligible under this chapter for 
consideration for promotion by a promotion board convened under section 
14101(a) of this title only if--
            ``(1) the officer is on the reserve active-status list of 
        the Army, Navy, Air Force, or Marine Corps; and
            ``(2) during the one-year period ending on the date of the 
        convening of the promotion board the officer has continuously 
        performed service on either the reserve active-status list or 
        the active-duty list (or on a combination of both lists).
    ``(b) Requirement for Consideration of All Officers in and Above 
the Zone.--Whenever a promotion board (other than a vacancy promotion 
board) is convened under section 14101(a) of this title for 
consideration of officers in a competitive category who are eligible 
under this chapter for consideration for promotion to the next higher 
grade, each officer in the promotion zone, and each officer above the 
promotion zone, for that grade and competitive category shall be 
considered for promotion.
    ``(c) Previously Selected Officers Not Eligible To Be Considered.--
A promotion board convened under section 14101(a) of this title may not 
consider for promotion to the next higher grade--
            ``(1) an officer whose name is on a promotion list for that 
        grade as a result of recommendation for promotion to that grade 
        by an earlier selection board convened under that section or 
        section 14502 of this title or under chapter 36 of this title;
            ``(2) an officer who has been approved for Federal 
        recognition by a board convened under section 307 of title 32 
        and nominated by the President for promotion to the next higher 
        grade as a reserve of the Army or of the Air Force as the case 
        may be; or
            ``(3) an officer who has been nominated by the President 
        for promotion to the next higher grade under any other 
        provision of law.
    ``(d) Officers Below the Zone.--The Secretary of the military 
department concerned may, by regulation, prescribe procedures to limit 
the officers to be considered by a selection board from below the 
promotion zone to those officers who are determined to be exceptionally 
well qualified for promotion. The regulations shall include criteria 
for determining which officers below the promotion zone are 
exceptionally well qualified for promotion.
    ``(e) Reserve Officers of the Army; Consideration for Brigadier 
General and Major General.--In the case of officers of the Army, if the 
Secretary of the Army determines that vacancies are authorized or 
anticipated in the reserve grades of major general or brigadier general 
for officers who are on the reserve active-status list and who are not 
assigned to units organized to serve as a unit and the Secretary 
convenes a mandatory promotion board under section 14101(a) of this 
title to consider officers for promotion to fill such vacancies, the 
Secretary may limit the officers to be considered by that board to 
those determined to be exceptionally well qualified for promotion under 
such criteria and procedures as the Secretary may by regulation 
prescribe.
    ``(f) Certain Reserve Officers of the Air Force.--A reserve officer 
of the Air Force who (1) is in the Air National Guard of the United 
States and holds the grade of lieutenant colonel, colonel, or brigadier 
general, or (2) is in the Air Force Reserve and holds the grade of 
colonel or brigadier general, is not eligible for consideration for 
promotion by a mandatory promotion board convened under section 
14101(a) of this title.
    ``(g) Nonconsideration of Officers Scheduled for Removal From 
Reserve Active-Status List.--The Secretary of the military department 
concerned may, by regulation, provide for the exclusion from 
consideration for promotion by a promotion board of any officer 
otherwise eligible to be considered by the board who has an established 
date for removal from the reserve active-status list that is not more 
than 90 days after the date on which the selection board for which the 
officer would otherwise be eligible is to be convened.
``Sec. 14302. Promotion zones
    ``(a) Promotion Zones Generally.--For purposes of this chapter, a 
promotion zone is an eligibility category for the consideration of 
officers by a mandatory promotion board. A promotion zone consists of 
those officers on the reserve active-status list who are in the same 
grade and competitive category and who meet the requirements of both 
paragraphs (1) and (2) or the requirements of paragraph (3), as 
follows:
            ``(1)(A) In the case of officers in grades below colonel, 
        for reserve officers of the Army, Air Force, and Marine Corps, 
        or captain, for officers of the Naval Reserve, those who have 
        neither (i) failed of selection for promotion to the next 
        higher grade, nor (ii) been removed from a list of officers 
        recommended for promotion to that grade.
            ``(B) In the case of officers in the grade of colonel or 
        brigadier general, for reserve officers of the Army and Marine 
        Corps, or in the grade of captain or rear admiral (lower half), 
        for reserve officers of the Navy, those who have neither (i) 
        been recommended for promotion to the next higher grade when 
        considered in the promotion zone, nor (ii) been removed from a 
        list of officers recommended for promotion to that grade.
            ``(2) Those officers who are senior to the officer 
        designated by the Secretary of the military department 
        concerned to be the junior officer in the promotion zone 
        eligible for consideration for promotion to the next higher 
        grade and the officer so designated.
            ``(3) Those officers who--
                    ``(A) have been selected from below the zone for 
                promotion to the next higher grade or by a vacancy 
                promotion board, but whose names were removed from the 
                list of officers recommended for promotion to that next 
                higher grade resulting from that selection;
                    ``(B) have not failed of selection for promotion to 
                that next higher grade; and
                    ``(C) are senior to the officer designated by the 
                Secretary of the military department concerned to be 
                the junior officer in the promotion zone eligible for 
                consideration for promotion to that next higher grade 
                and the officer so designated.
    ``(b) Officers Above the Zone.--Officers on the reserve active-
status list are considered to be above the promotion zone for a grade 
and competitive category if they--
            ``(1) are eligible for consideration for promotion to the 
        next higher grade;
            ``(2) are in the same grade as those officers in the 
        promotion zone for that competitive category; and
            ``(3) are senior to the senior officer in the promotion 
        zone for that competitive category.
    ``(c) Officers Below the Zone.--Officers on the reserve active-
status list are considered to be below the promotion zone for a grade 
and competitive category if they--
            ``(1) are eligible for consideration for promotion to the 
        next higher grade;
            ``(2) are in the same grade as those officers in the 
        promotion zone for that competitive category; and
            ``(3) are junior to the junior officer in the promotion 
        zone for that competitive category.
``Sec. 14303. Eligibility for consideration for promotion: minimum 
              years of service in grade
    ``(a) Officers in Pay Grades O-1 and O-2.--An officer who is on the 
reserve active-status list of the Army, Navy, Air Force, or Marine 
Corps and holds a permanent appointment in the grade of second 
lieutenant or first lieutenant as a reserve officer of the Army, Air 
Force, or Marine Corps, or in the grade of ensign or lieutenant (junior 
grade) as a reserve officer of the Navy, may not be promoted to the 
next higher grade, or granted Federal recognition in that grade, until 
the officer has completed the following years of service in grade:
            ``(1) Eighteen months, in the case of an officer holding a 
        permanent appointment in the grade of second lieutenant or 
        ensign.
            ``(2) Two years, in the case of an officer holding a 
        permanent appointment in the grade of first lieutenant or 
        lieutenant (junior grade).
    ``(b) Officers in Pay Grades O-3 and Above.--Subject to subsection 
(d), an officer who is on the reserve active-status list of the Army, 
Air Force, or Marine Corps and holds a permanent appointment in a grade 
above first lieutenant, or who is on the reserve active-status list of 
the Navy in a grade above lieutenant (junior grade), may not be 
considered for selection for promotion to the next higher grade, or 
examined for Federal recognition in the next higher grade, until the 
officer has completed the following years of service in grade:
            ``(1) Three years, in the case of an officer of the Army, 
        Air Force, or Marine Corps holding a permanent appointment in 
        the grade of captain, major, or lieutenant colonel or in the 
        case of a reserve officer of the Navy holding a permanent 
        appointment in the grade of lieutenant, lieutenant commander, 
        or commander.
            ``(2) One year, in the case of an officer of the Army, Air 
        Force, or Marine Corps holding a permanent appointment in the 
        grade of colonel or brigadier general or in the case of a 
        reserve officer of the Navy holding a permanent appointment in 
        the grade of captain or rear admiral (lower half).
This subsection does not apply to an adjutant general or assistant 
adjutant general of a State or to an appointment in a higher grade 
which is based upon a specific provision of law.
    ``(c) Authority To Lengthen Minimum Period in Grade.--The Secretary 
concerned may prescribe a period of service in grade for eligibility 
for promotion, in the case of officers to whom subsection (a) applies, 
or for eligibility for consideration for promotion, in the case of 
officers to whom subsection (b) applies, that is longer than the 
applicable period specified in that subsection.
    ``(d) Waivers To Ensure Two Below-the-Zone Considerations.--Subject 
to section 14307(b) of this title, the Secretary of the military 
department concerned may waive subsection (b) to the extent necessary 
to ensure that officers described in paragraph (1) of that subsection 
have at least two opportunities for consideration for promotion to the 
next higher grade as officers below the promotion zone.
``Sec. 14304. Eligibility for consideration for promotion: maximum 
              years of service in grade
    ``(a) Consideration for Promotion Within Specified Times.--(1) 
Officers described in paragraph (3) shall be placed in the promotion 
zone for that officer's grade and competitive category, and shall be 
considered for promotion to the next higher grade by a promotion board 
convened under section 14101(a) of this title, far enough in advance of 
completing the years of service in grade specified in the following 
table so that, if the officer is recommended for promotion, the 
promotion may be effective on or before the date on which the officer 
will complete those years of service.

  
                                                       Maximum years of
``Current Grade
                                                       service in grade
        ``First lieutenant or Lieutenant (junior            5 years    
            grade).
        ``Captain or Navy Lieutenant.................       7 years    
        ``Major or Lieutenant commander..............       7 years    
    ``(2) Paragraph (1) is subject to subsections (a), (b), and (c) of 
section 14301 of this title and applies without regard to vacancies.
    ``(3) Paragraph (1) applies to an officer who is on the reserve 
active-status list of the Army, Navy, Air Force, or Marine Corps and 
who holds a permanent appointment in the grade of first lieutenant, 
captain, or major as a reserve of the Army, Air Force, or Marine Corps, 
or to an officer on the reserve active-status list of the Navy in the 
grade of lieutenant (junior grade), lieutenant, or lieutenant commander 
as a reserve of the Navy, and who, while holding that appointment, has 
not been considered by a selection board convened under section 
14101(a) or 14502 of this title for promotion to the next higher grade.
    ``(b) Promotion Date.--An officer holding a permanent grade 
specified in the table in subsection (a) who is recommended for 
promotion to the next higher grade by a selection board the first time 
the officer is considered for promotion while in or above the promotion 
zone and who is placed on an approved promotion list established under 
section 14308(a) of this title shall (if not promoted sooner or removed 
from that list by the President or by reason of declination) be 
promoted, without regard to the existence of a vacancy, on the date on 
which the officer completes the maximum years of service in grade 
specified in subsection (a). The preceding sentence is subject to the 
limitations of section 12011 of this title.
    ``(c) Waiver Authority for Navy and Marine Corps Running Mate 
System.--If the Secretary of the Navy establishes promotion zones for 
officers on the reserve active-status list of the Navy or the Marine 
Corps Reserve in accordance with a running mate system under section 
14306 of this title, the Secretary may waive the requirements of 
subsection (a) to the extent the Secretary considers necessary in any 
case in which the years of service for promotion, or for consideration 
for promotion, within those zones will exceed the maximum years of 
service in grade specified in subsection (a).
``Sec. 14305. Establishment of promotion zones: mandatory consideration 
              for promotion
    ``(a) Establishment of Zone.--Before convening a mandatory 
promotion board under section 14101(a) of this title, the Secretary of 
the military department concerned shall establish a promotion zone for 
officers serving in each grade and competitive category to be 
considered by the board.
    ``(b) Number in the Zone.--The Secretary concerned shall determine 
the number of officers in the promotion zone for officers serving in 
any grade and competitive category from among officers who are eligible 
for promotion in that grade and competitive category under the 
provisions of sections 14303 and 14304 of this title and who are 
otherwise eligible for promotion.
    ``(c) Factors in Determining Number in the Zone.--The Secretary's 
determination under subsection (b) shall be made on the basis of an 
estimate of the following:
            ``(1) The number of officers needed in that competitive 
        category in the next higher grade in each of the next five 
        years.
            ``(2) In the case of a promotion zone for officers to be 
        promoted to a grade to which the maximum years of in grade 
        criteria established in section 14304 of this title apply, the 
        number of officers in that competitive category who are 
        required to be considered for selection for promotion to the 
        next higher grade under that section.
            ``(3) The number of officers that should be placed in the 
        promotion zone in each of the next five years to provide to 
        officers in those years relatively similar opportunities for 
        promotion.
``Sec. 14306. Establishment of promotion zones: Naval Reserve and 
              Marine Corps Reserve running mate system
    ``(a) Authority of Secretary of the Navy.--The Secretary of the 
Navy may by regulation implement section 14305 of this title by 
requiring that the promotion zone for consideration of officers on the 
reserve active-status list of the Navy or the Marine Corps for 
promotion to the next higher grade be determined in accordance with a 
running mate system as provided in subsection (b).
    ``(b) Assignment of Running Mates.--An officer to whom a running 
mate system applies shall be assigned as a running mate an officer of 
the same grade on the active-duty list of the same armed force. The 
officer on the reserve active-status list is in the promotion zone and 
is eligible for consideration for promotion to the next higher grade by 
a selection board convened under section 14101(a) of this title when 
that officer's running mate is in or above the promotion zone 
established for that officer's grade under chapter 36 of this title.
    ``(c) Consideration of Officers Below the Zone Under a Running Mate 
System.--If the Secretary of the Navy authorizes the selection of 
officers for promotion from below the promotion zone in accordance with 
section 14307 of this title, the number of officers to be considered 
from below the zone may be established through the application of the 
running mate system or otherwise as the Secretary determines to be 
appropriate to meet the needs of the Navy or Marine Corps.
``Sec. 14307. Number of officers to be recommended for promotion
    ``(a) Determination of Maximum Number.--Before convening a 
promotion board under section 14101(a) of this title for a grade and 
competitive category (other than a vacancy promotion board), the 
Secretary of the military department concerned, under regulations 
prescribed by the Secretary of Defense, shall determine the maximum 
number of officers in that grade and competitive category that the 
board may recommend for promotion. The Secretary shall make the 
determination under the preceding sentence of the maximum number that 
may be recommended with a view to having on the reserve active-status 
list a sufficient number of officers in each grade and competitive 
category to meet the needs of the armed force concerned for officers on 
that list. In order to make that determination, the Secretary shall 
determine (1) the number of positions needed to accomplish mission 
objectives which require officers of such competitive category in the 
grade to which the board will recommend officers for promotion, (2) the 
estimated number of officers needed to fill vacancies in such positions 
during the period in which it is anticipated that officers selected for 
promotion will be promoted, (3) the number of officers authorized by 
the Secretary of the military department concerned to serve on the 
reserve active-status list in the grade and competitive category under 
consideration, and (4) any statutory limitation on the number of 
officers in any grade or category (or combination thereof) authorized 
to be on the reserve active-status list.
    ``(b) Below-the-Zone Selections.--(1) The Secretary of the military 
department concerned may, when the needs of the armed force concerned 
require, authorize the consideration of officers in the grade of 
captain, major, or lieutenant colonel on the reserve active-status list 
of the Army or Air Force, in a grade above first lieutenant on the 
reserve active-status list of the Marine Corps, or in a grade above 
lieutenant (junior grade) on the reserve active-status list of the 
Navy, for promotion to the next higher grade from below the promotion 
zone.
    ``(2) When selection from below the promotion zone is authorized, 
the Secretary shall establish the number of officers that may be 
recommended for promotion from below the promotion zone in each 
competitive category to be considered. That number may not exceed the 
number equal to 10 percent of the maximum number of officers that the 
board is authorized to recommend for promotion in such competitive 
category, except that the Secretary of Defense may authorize a greater 
number, not to exceed 15 percent of the total number of officers that 
the board is authorized to recommend for promotion, if the Secretary of 
Defense determines that the needs of the armed force concerned so 
require. If the maximum number determined under this paragraph is less 
than one, the board may recommend one officer for promotion from below 
the promotion zone.
    ``(3) The number of officers recommended for promotion from below 
the promotion zone does not increase the maximum number of officers 
that the board is authorized to recommend for promotion under 
subsection (a).
``Sec. 14308. Promotions: how made
    ``(a) Promotion List.--When the report of a selection board 
convened under section 14101(a) or 14502 of this title is approved by 
the President, the Secretary of the military department concerned shall 
place the names of all officers selected for promotion within a 
competitive category on a single list for that competitive category, to 
be known as a promotion list, in the order of seniority of those 
officers on the reserve active-status list.
    ``(b) Promotion; How Made; Order.--(1) Officers on a promotion list 
for a competitive category shall be promoted in the manner specified in 
section 12203 of this title.
    ``(2) Officers on a promotion list for a competitive category shall 
be promoted to the next higher grade in accordance with regulations 
prescribed by the Secretary of the military department concerned. 
Except as provided in section 14311, 14312, or 14502(e) of this title 
or in subsection (d) or (e), promotions shall be made in the order in 
which the names of officers appear on the promotion list and after 
officers previously selected for promotion in that competitive category 
have been promoted.
    ``(3) Officers to be promoted to the grade of first lieutenant or 
lieutenant (junior grade) shall be promoted in accordance with 
regulations prescribed by the Secretary of the military department 
concerned.
    ``(c) Date of Rank.--(1) The date of rank of an officer appointed 
to a higher grade under this section is determined under section 
741(d)(2) of this title.
    ``(2) Except as specifically authorized by law, a reserve officer 
is not entitled to additional pay or allowances if the effective date 
of the officer's promotion is adjusted to reflect a date earlier than 
the actual date of the officer's promotion.
    ``(d) Officers With Running Mates.--An officer to whom a running 
mate system applies under section 14306 of this title and who is 
selected for promotion is eligible for promotion to the grade for which 
selected when the officer who is that officer's running mate becomes 
eligible for promotion under chapter 36 of this title. The effective 
date of the promotion of that officer shall be the same as that of the 
officer's running mate in the grade to which the running mate is 
promoted.
    ``(e) Army Reserve and Air Force Reserve Promotions To Fill 
Vacancies.--Subject to this section and to section 14311(e) of this 
title, and under regulations prescribed by the Secretary of the 
military department concerned--
            ``(1) an officer in the Army Reserve or the Air Force 
        Reserve who is on a promotion list as a result of selection for 
        promotion by a mandatory promotion board convened under section 
        14101(a) of this title or a board convened under section 14502 
        or chapter 36 of this title may be promoted at any time to fill 
        a vacancy in a position to which the officer is assigned; and
            ``(2) an officer in the Army Reserve or the Air Force 
        Reserve who is on a promotion list as a result of selection for 
        promotion by a vacancy promotion board convened under section 
        14101(a) of this title may be promoted at any time to fill the 
        vacancy for which the officer was selected.
    ``(f) Effective Date of Promotion After Federal Recognition.--The 
effective date of a promotion of a reserve commissioned officer of the 
Army or the Air Force who is extended Federal recognition in the next 
higher grade in the Army National Guard or the Air National Guard under 
section 307 or 310 of title 32 shall be the date on which such Federal 
recognition in that grade is so extended.
    ``(g) Army and Air Force General Officer Promotions.--A reserve 
officer of the Army who is on a promotion list for promotion to the 
grade of brigadier general or major general as a result of selection by 
a vacancy promotion board may be promoted to that grade only to fill a 
vacancy in that grade in a unit of the Army Reserve that is organized 
to serve as a unit and that has attained the strength prescribed by the 
Secretary of the Army. A reserve officer of the Air Force who is on a 
promotion list for promotion to the grade of brigadier general or major 
general as a result of selection by a vacancy promotion board may be 
promoted to that grade only to fill a vacancy in the Air Force Reserve 
in that grade.
``Sec. 14309. Acceptance of promotion; oath of office
    ``(a) Acceptance.--An officer who is appointed to a higher grade 
under this chapter shall be considered to have accepted the appointment 
on the date on which the appointment is made unless the officer 
expressly declines the appointment or is granted a delay of promotion 
under section 14312 of this title.
    ``(b) Oath.--An officer who has served continuously since taking 
the oath of office prescribed in section 3331 of title 5 is not 
required to take a new oath upon appointment to a higher grade under 
this chapter.
``Sec. 14310. Removal of officers from a list of officers recommended 
              for promotion
    ``(a) Removal by President.--The President may remove the name of 
any officer from a promotion list at any time before the date on which 
the officer is promoted.
    ``(b) Removal for Withholding of Senate Advice and Consent.--If the 
Senate does not give its advice and consent to the appointment to the 
next higher grade of an officer whose name is on a list of officers 
approved by the President for promotion (except in the case of 
promotions to a reserve grade to which appointments may be made by the 
President alone), the name of that officer shall be removed from the 
list.
    ``(c) Continued Eligibility for Promotion.--An officer whose name 
is removed from a list under subsection (a) or (b) continues to be 
eligible for consideration for promotion. If that officer is 
recommended for promotion by the next selection board convened for that 
officer's grade and competitive category and the officer is promoted, 
the Secretary of the military department concerned may, upon the 
promotion, grant the officer the same date of rank, the same effective 
date for the pay and allowances of the grade to which promoted, and the 
same position on the reserve active-status list, as the officer would 
have had if the officer's name had not been removed from the list.
``Sec. 14311. Delay of promotion: involuntary
    ``(a) Delay During Investigations and Proceedings.--(1) Under 
regulations prescribed by the Secretary of the military department 
concerned, the appointment of an officer to a higher grade may be 
delayed if any of the following applies before the date on which the 
appointment would otherwise be made:
            ``(A) Sworn charges against the officer have been received 
        by an officer exercising general court-martial jurisdiction 
        over the officer and the charges have not been disposed of.
            ``(B) An investigation is being conducted to determine 
        whether disciplinary action of any kind should be brought 
        against the officer.
            ``(C) A board of officers has been convened under section 
        14903 of this title to review the record of the officer.
            ``(D) A criminal proceeding in a Federal or State court of 
        competent jurisdiction is pending against the officer.
    ``(2) If disciplinary action is not taken against the officer, if 
the charges against the officer are withdrawn or dismissed, if the 
officer is not separated by the Secretary of the military department 
concerned as the result of having been required to show cause for 
retention, or if the officer is acquitted of the charges, as the case 
may be, then (unless action to delay the officer's appointment to the 
higher grade has been taken under subsection (b)) the officer shall be 
retained on the promotion list, list of officers found qualified for 
Federal recognition, or list of officers nominated by the President to 
the Senate for appointment in a higher reserve grade and shall, upon 
promotion to the next higher grade, have the same date of rank, the 
same effective date for the pay and allowances of the grade to which 
promoted, and the same position on the reserve active-status list as 
the officer would have had if no delay had intervened, unless the 
Secretary concerned determines that the officer was unqualified for 
promotion for any part of the delay. If the Secretary makes such a 
determination, the Secretary may adjust such date of rank, effective 
date of pay and allowances, and position on the reserve active-status 
list as the Secretary considers appropriate under the circumstances.
    ``(b) Delay for Lack of Qualifications.--Under regulations 
prescribed by the Secretary of the military department concerned, the 
appointment of an officer to a higher grade may also be delayed if 
there is cause to believe that the officer is mentally, physically, 
morally, or professionally unqualified to perform the duties of the 
grade to which selected. If the Secretary concerned later determines 
that the officer is qualified for promotion to the higher grade, the 
officer shall be retained on the promotion list, the list of officers 
found qualified for Federal recognition, or list of officers nominated 
by the President to the Senate for appointment in a higher reserve 
grade, and shall, upon promotion to that grade, have the same date or 
rank, the same effective date for pay and allowances of that grade, and 
the same position on the reserve active-status list as the officer 
would have had if no delay had intervened, unless the Secretary 
concerned determines that the officer was unqualified for promotion for 
any part of the delay. If the Secretary makes such a determination, the 
Secretary may adjust such date of rank, effective date of pay and 
allowances, and position on the reserve active-status list as the 
Secretary considers appropriate under the circumstances.
    ``(c) Notice to Officer.--(1) The appointment of an officer to a 
higher grade may not be delayed under subsection (a) or (b) unless the 
officer is given written notice of the grounds for the delay. The 
preceding sentence does not apply if it is impracticable to give the 
officer written notice before the date on which the appointment to the 
higher grade would otherwise take effect, but in such a case the 
written notice shall be given as soon as practicable.
    ``(2) An officer whose promotion is delayed under subsection (a) or 
(b) shall be given an opportunity to make a written statement to the 
Secretary of the military department concerned in response to the 
action taken. The Secretary shall give consideration to any such 
statement.
    ``(d) Maximum Length of Delay in Promotion.--The appointment of an 
officer to a higher grade may not be delayed under subsection (a) or 
(b) for more than six months after the date on which the officer would 
otherwise have been promoted unless the Secretary concerned specifies a 
further period of delay. An officer's appointment may not be delayed 
more than 90 days after final action has been taken in any criminal 
case against the officer in a Federal or State court of competent 
jurisdiction or more than 90 days after final action has been taken in 
any court-martial case against the officer. Except for court action, a 
promotion may not be delayed more than 18 months after the date on 
which the officer would otherwise have been promoted.
    ``(e) Delay Because of Limitations on Officer Strength in Grade or 
Duties to Which Assigned.--(1) Under regulations prescribed by the 
Secretary of Defense, the promotion of a reserve officer on the reserve 
active-status list who is serving on active duty, or who is on full-
time National Guard duty for administration of the reserves or the 
National Guard, to a grade to which the strength limitations of section 
12011 of this title apply shall be delayed if necessary to ensure 
compliance with those strength limitations. The delay shall expire when 
the Secretary determines that the delay is no longer required to ensure 
such compliance.
    ``(2) The promotion of an officer described in paragraph (1) shall 
also be delayed while the officer is on duty described in that 
paragraph unless the Secretary of the military department concerned, 
under regulations prescribed by the Secretary of Defense, determines 
that the duty assignment of the officer requires a higher grade than 
the grade currently held by the officer.
    ``(3) The date of rank and position on the reserve active-status 
list of a reserve officer whose promotion to or Federal recognition in 
the next higher grade was delayed under paragraph (1) or (2) solely as 
the result of the limitations imposed under the regulations prescribed 
by the Secretary of Defense or contained in section 12011 of this title 
shall be the date on which the officer would have been promoted to or 
recognized in the higher grade had such limitations not existed.
    ``(4) If an officer whose promotion is delayed under paragraph (1) 
or (2) completes the period of active duty or full-time National Guard 
duty that the officer is required by law or regulation to perform as a 
member of a reserve component, the officer may request release from 
active duty or full-time National Guard duty. If the request is 
granted, the officer's promotion shall be effective upon the officer's 
release from such duty. The date of rank and position on the reserve 
active-status list of the officer shall be the date the officer would 
have been promoted to or recognized in the higher grade had the 
limitations imposed under regulations prescribed by the Secretary of 
Defense contained in section 12011 of this title not existed. If an 
officer whose promotion is delayed under paragraph (1) or (2) has not 
completed the period of active duty or full-time National Guard duty 
that the officer is required by law or regulation to perform as a 
member of a reserve component, the officer may be retained on active 
duty or on full-time National Guard duty in the grade in which the 
officer was serving before the officer's being found qualified for 
Federal recognition or the officer's selection for the promotion until 
the officer completes that required period of duty.
``Sec. 14312. Delay of promotion: voluntary
    ``(a) Authority for Voluntary Delays.--(1) The Secretary of the 
military department concerned may, by regulation, permit delays of a 
promotion of an officer who is recommended for promotion by a mandatory 
selection board convened under section 14101(a) or a special selection 
board convened under section 14502 of this title at the request of the 
officer concerned. Such delays, in the case of any promotion, may 
extend for any period not to exceed three years from the date on which 
the officer would otherwise be promoted.
    ``(2) Regulations under this section shall provide that--
            ``(A) a request for such a delay of promotion must be 
        submitted by the officer concerned before the delay may be 
        approved; and
            ``(B) denial of such a request shall not be considered to 
        be a failure of selection for promotion unless the officer 
        declines to accept a promotion under circumstances set forth in 
        subsection (c).
    ``(b) Effect of Approval of Request.--If a request for delay of a 
promotion under subsection (a) is approved, the officer's name shall 
remain on the promotion list during the authorized period of delay 
(unless removed under any other provision of law). Upon the end of the 
period of the authorized delay, or at any time during such period, the 
officer may accept the promotion, which shall be effective on the date 
of acceptance. Such an acceptance of a promotion shall be made in 
accordance with regulations prescribed under this section.
    ``(c) Effect of Declining a Promotion.--An officer's name shall be 
removed from the promotion list and, if the officer is serving in a 
grade below colonel or, in the case of the Navy, captain, the officer 
shall be considered to have failed of selection for promotion if any of 
the following applies:
            ``(1) The Secretary concerned has not authorized voluntary 
        delays of promotion under subsection (a) to the grade concerned 
        and the officer declines to accept an appointment to a higher 
        grade.
            ``(2) The Secretary concerned has authorized voluntary 
        delays of promotion under subsection (a), but has denied the 
        request of the officer for a delay of promotion and the officer 
        then declines to accept an appointment to a higher grade.
            ``(3) The Secretary concerned has approved the request of 
        an officer for a delay of promotion and, upon the end of the 
        period of delay authorized in accordance with regulations 
        prescribed under subsection (a), the officer then declines to 
        accept an appointment to a higher grade.
``Sec. 14313. Authority to vacate promotions to grade of brigadier 
              general or rear admiral (lower half)
    ``(a) Authority.--The President may vacate the appointment of a 
reserve officer to the grade of brigadier general or rear admiral 
(lower half) if the period of time during which the officer has served 
in that grade after promotion to that grade is less than 18 months.
    ``(b) Effect of Promotion Being Vacated.--Except as provided in 
subsection (c), an officer whose promotion to the grade of brigadier 
general is vacated under this section holds the grade of colonel as a 
reserve of the armed force of which the officer is a member. An officer 
whose promotion to the grade of rear admiral (lower half) is vacated 
under this section holds the grade of captain in the Naval Reserve. 
Upon assuming the lower grade, the officer shall have the same position 
on the reserve active-status list as the officer would have had if the 
officer had not served in the higher grade.
    ``(c) Special Rule for Officers Serving as Adjutant General.--In 
the case of an officer serving as an adjutant general or assistant 
adjutant general whose promotion to the grade of brigadier general is 
vacated under this section, the officer then holds the reserve grade 
held by that officer immediately before the officer's appointment as 
adjutant general or assistant adjutant general.
``Sec. 14314. Army and Air Force commissioned officers: generals 
              ceasing to occupy positions commensurate with grade; 
              State adjutants general
    ``(a) General Officers.--Within 30 days after a reserve officer of 
the Army or the Air Force on the reserve active-status list in a 
general officer grade ceases to occupy a position commensurate with 
that grade (or commensurate with a higher grade), the Secretary 
concerned shall transfer or discharge the officer in accordance with 
whichever of the following the officer elects:
            ``(1) Transfer the officer in grade to the Retired Reserve, 
        if the officer is qualified and applies for the transfer.
            ``(2) Transfer the officer in grade to the inactive status 
        list of the Standby Reserve, if the officer is qualified.
            ``(3) Discharge the officer from the officer's reserve 
        appointment and, if the officer is qualified and applies 
        therefor, appoint the officer in the reserve grade held by the 
        officer as a reserve officer before the officer's appointment 
        in a general officer grade.
            ``(4) Discharge the officer from the officer's reserve 
        appointment.
    ``(b) Adjutants General.--If a reserve officer who is federally 
recognized in the Army National Guard or the Air National Guard solely 
because of the officer's appointment as adjutant general or assistant 
adjutant general of a State ceases to occupy that position, the 
Secretary concerned, not later than 30 days after the date on which the 
officer ceases to occupy that position, shall--
            ``(1) withdraw that officer's Federal recognition; and
            ``(2) require that the officer--
                    ``(A) be transferred in grade to the Retired 
                Reserve, if the officer is qualified and applies for 
                the transfer;
                    ``(B) be discharged from the officer's reserve 
                appointment and appointed in the reserve grade held by 
                the officer as a reserve officer of the Air Force 
                immediately before the appointment of that officer as 
                adjutant general or assistant adjutant general, if the 
                officer is qualified and applies for that appointment; 
                or
                    ``(C) be discharged from the officer's reserve 
                appointment.
    ``(c) Credit for Service in Grade.--An officer who is appointed 
under subsection (a)(3) or (b)(2)(B) shall be credited with an amount 
of service in the grade in which appointed that is equal to the amount 
of prior service in an active status in that grade and in any higher 
grade.
``Sec. 14315. Position vacancy promotions: Army and Air Force officers
    ``(a) Officers Eligible for Consideration For Vacancy Promotions 
Below Brigadier General.--A reserve officer of the Army who is in the 
Army Reserve, or a Reserve officer of the Air Force who is in the Air 
Force Reserve, who is on the reserve active-status list in the grade of 
first lieutenant, captain, major, or lieutenant colonel is eligible for 
consideration for promotion to the next higher grade under this section 
if each of the following applies:
            ``(1) The officer is occupying or, as determined by the 
        Secretary concerned, is available to occupy a position in the 
        same competitive category as the officer and for which a grade 
        higher than the one held by that officer is authorized.
            ``(2) The officer is fully qualified to meet all 
        requirements for the position as established by the Secretary 
        of the military department concerned.
            ``(3) The officer has held the officer's present grade for 
        the minimum period of service prescribed in section 14303 of 
        this title for eligibility for consideration for promotion to 
        the higher grade.
    ``(b) Consideration for Vacancy Promotion to Brigadier General or 
Major General.--(1) A reserve officer of the Army who is in the Army 
Reserve and on the reserve active-status list in the grade of colonel 
or brigadier general may be considered for promotion to the next higher 
grade under this section if the officer (A) is assigned to the duties 
of a general officer of the next higher reserve grade in a unit of the 
Army Reserve organized to serve as a unit, (B) has held the officer's 
present grade for the minimum period of service prescribed in section 
14303 of this title for eligibility for consideration for promotion to 
the higher grade, and (C) meets the standards for consideration 
prescribed by the Secretary of the Army.
    ``(2) A reserve officer of the Air Force who is in the Air Force 
Reserve and on the reserve active-status list in the grade of colonel 
or brigadier general may be considered for promotion to the next higher 
grade under this section if the officer (A) is assigned to the duties 
of a general officer of the next higher reserve grade, and (B) meets 
the standards for consideration prescribed by the Secretary of the Air 
Force.
    ``(c) Vacancy Promotion Boards.--Consideration for promotion under 
this section shall be by a vacancy promotion board convened under 
section 14101(a) of this title.
    ``(d) Effect of Nonselection.--An officer who is considered for 
promotion under this section and is not selected shall not be 
considered to have failed of selection for promotion.
    ``(e) Special Rule for Officers Failed of Selection.--A reserve 
officer of the Army or the Air Force who is considered as failed of 
selection for promotion under section 14501 of this title to a grade 
may be considered for promotion under this section or, if selected, 
promoted to that grade only if the Secretary of the military department 
concerned finds that the officer is the only qualified officer 
available to fill the vacancy. The Secretary concerned may not delegate 
the authority under the preceding sentence.
``Sec. 14316. Army National Guard and Air National Guard: appointment 
              to and Federal recognition in a higher reserve grade 
              after selection for promotion
    ``(a) Opportunity for Promotion to Fill a Vacanby in the Guard.--If 
an officer of the Army National Guard of the United States or the Air 
National Guard of the United States is recommended by a mandatory 
selection board convened under section 14101(a) or a special selection 
board convened under section 14502 of this title for promotion to the 
next higher grade, an opportunity shall be given to the appropriate 
authority of the State to promote that officer to fill a vacancy in the 
Army National Guard or the Air National Guard of that jurisdiction.
    ``(b) Automatic Federal Recognition.--An officer of the Army 
National Guard of the United States or the Air National Guard of the 
United States who is on a promotion list for promotion to the next 
higher grade as a result of selection for promotion as described in 
subsection (a) and who before the date of promotion is appointed in 
that higher grade to fill a vacancy in the Army National Guard or Air 
National Guard shall--
            ``(1) be extended Federal recognition in that grade, 
        without the examination prescribed in section 307 of title 32; 
        and
            ``(2) subject to section 14311(e) of this title, be 
        promoted to that reserve grade effective on the date of the 
        officer's appointment in that grade in the Army National Guard 
        or Air National Guard.
    ``(c) National Guard Officers Failed of Selection.--An officer who 
is considered as failed of selection for promotion under section 14501 
of this title to a grade may be extended Federal recognition in that 
grade only if the Secretary of the military department concerned finds 
that the officer is the only qualified officer available to fill a 
vacancy. The Secretary concerned may not delegate the authority under 
the preceding sentence.
    ``(d) Transfer to Army Reserve or Air Force Reserve.--If, on the 
date on which an officer of the Army National Guard of the United 
States or of the Air National Guard of the United States who is on a 
promotion list as described in subsection (a) is to be promoted, the 
officer has not been promoted to fill a vacancy in the higher grade in 
the Army National Guard or the Air National Guard, the officer's 
Federal recognition in the officer's reserve grade shall be withdrawn 
and the officer shall be promoted and transferred to the Army Reserve 
or the Air Force Reserve as appropriate.
``Sec. 14317. Officers in transition to and from the active-status list 
              or active-duty list
    ``(a) Effect of Transfer to Inactive Status or Retired Status.--If 
a reserve officer on the reserve active-status list is transferred to 
an inactive status or to a retired status after having been recommended 
for promotion to a higher grade under this chapter or chapter 36 of 
this title, or after having been found qualified for Federal 
recognition in the higher grade under title 32, but before being 
promoted, the officer--
            ``(1) shall be treated as if the officer had not been 
        considered and recommended for promotion by the selection board 
        or examined and been found qualified for Federal recognition; 
        and
            ``(2) may not be placed on a promotion list or promoted to 
        the higher grade after returning to an active status,
unless the officer is again recommended for promotion by a selection 
board convened under chapter 36 of this title or section 14101(a) or 
14502 of this title or examined for Federal recognition under title 32.
    ``(b) Effect of Placement on Active-Duty List.--A reserve officer 
who is on a promotion list as a result of selection for promotion by a 
mandatory promotion board convened under section 14101(a) or a special 
selection board convened under section 14502 of this title and who 
before being promoted is placed on the active-duty list of the same 
armed force and placed in the same competitive category shall, under 
regulations prescribed by the Secretary of Defense, be placed on an 
appropriate promotion list for officers on the active-duty list 
established under chapter 36 of this title.
    ``(c) Officers on a Promotion List Removed From Active-Duty List.--
An officer who is on the active-duty list and is on a promotion list as 
the result of selection for promotion by a selection board convened 
under chapter 36 of this title and who before being promoted is removed 
from the active-duty list and placed on the reserve active-status list 
of the same armed force and in the same competitive category (including 
a regular officer who on removal from the active-duty list is appointed 
as a reserve officer and placed on the reserve active-status list) 
shall, under regulations prescribed by the Secretary of Defense, be 
placed on an appropriate promotion list established under this chapter.
    ``(d) Officers Selected for Position Vacancies.--If a reserve 
officer is ordered to active duty (other than active duty for training) 
or full-time National Guard duty (other than full-time National Guard 
duty for training only) after being recommended for promotion under 
section 14314 of this title to fill a position vacancy or examined for 
Federal recognition under title 32, and before being promoted to fill 
that vacancy, the officer shall not be promoted while serving such 
active duty or full-time National Guard duty unless the officer is 
ordered to active duty as a member of the unit in which the vacancy 
exists when that unit is ordered to active duty. If, under this 
subsection, the name of an officer is removed from a list of officers 
recommended for promotion, the officer shall be treated as if the 
officer had not been considered for promotion or examined for Federal 
recognition.
    ``(e) Under regulations prescribed by the Secretary of the military 
department concerned, a reserve officer who is not on the active-duty 
list and who is ordered to active duty in time of war or national 
emergency may, if eligible, be considered for promotion by a mandatory 
promotion board convened under section 14101(a) or a special selection 
board convened under section 14502 of this title for not more than two 
years from the date the officer is ordered to active duty unless the 
President suspends the operation of this section under the provisions 
of section 10213 or 644 of this title.

  ``CHAPTER 1407--FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY 
                               SEPARATION

``Sec.
``14501. Failure of selection for promotion.
``14502. Special selection boards: correction of errors.
``14503. Discharge of officers with less than five years of 
                            commissioned service or found not qualified 
                            for promotion to first lieutenant or 
                            lieutenant (junior grade).
``14504. Effect of failure of selection for promotion: reserve first 
                            lieutenants of the Army, Air Force, and 
                            Marine Corps and reserve lieutenants 
                            (junior grade) of the Navy.
``14505. Effect of failure of selection for promotion: reserve captains 
                            of the Army, Air Force, and Marine Corps 
                            and reserve lieutenants of the Navy.
``14506. Effect of failure of selection for promotion: reserve majors 
                            of the Army, Air Force, and Marine Corps 
                            and lieutenant commanders of the Navy.
``14507. Removal from the active-status list for years of service: 
                            reserve lieutenant colonels and colonels of 
                            the Army, Air Force, and Marine Corps and 
                            reserve commanders and captains of the 
                            Navy.
``14508. Removal from the reserve active-status list for years of 
                            service: reserve general and flag officers.
``14509. Separation at age 60: reserve officers below brigadier general 
                            or rear admiral (lower half).
``14510. Separation at age 60: reserve brigadier generals and rear 
                            admirals (lower half).
``14511. Separation at age 62: major generals and rear admirals.
``14512. Separation at age 64: officers holding certain offices.
``14513. Separation for failure of selection of promotion.
``14514. Discharge or retirement for years of service or after 
                            selection for early removal.
``14515. Discharge or retirement for age.
``14516. Separation to be considered involuntary.
``14517. Entitlement of officers discharged under this chapter to 
                            separation pay.
``Sec. 14501. Failure of selection for promotion
    ``(a) An officer on the reserve active-status list in a grade below 
the grade of colonel or, in the case of an officer in the Naval 
Reserve, captain who is in or above the promotion zone established for 
that officer's grade and competitive category and who (1) is considered 
but not recommended for promotion (other than by a vacancy promotion 
board), or (2) declines to accept a promotion for which selected (other 
than by a vacancy promotion board), shall be considered to have failed 
of selection for promotion.
    ``(b) Officers Twice Failed of Selection.--An officer shall be 
considered for all purposes to have twice failed of selection for 
promotion if any of the following applies:
            ``(1) The officer is considered but not recommended for 
        promotion a second time by a mandatory promotion board convened 
        under section 14101(a) or a special selection board convened 
        under section 14502(a) of this title.
            ``(2) The officer declines to accept a promotion for which 
        recommended by a mandatory promotion board convened under 
        section 14101(a) or a special selection board convened under 
        section 14502(a) or 14502(b) of this title after previously 
        failing of selection or after the officer's name was removed 
        from the report of a selection board under section 14111(b) or 
        from a promotion list under section 14310 of this title after 
        recommendation for promotion by an earlier selection board 
        described in subsection (a).
            ``(3) The officer's name has been removed from the report 
        of a selection board under section 14111(b) or from a promotion 
        list under section 14310 of this title after recommendation by 
        a mandatory promotion board convened under section 14101(a) or 
        by a special selection board convened under section 14502(a) or 
        14502(b) of this title and--
                    ``(A) the officer is not recommended for promotion 
                by the next mandatory promotion board convened under 
                section 14101(a) or special selection board convened 
                under section 14502(a) of this title for that officer's 
                grade and competitive category; or
                    ``(B) the officer's name is again removed from the 
                report of a selection board under section 14111(b) or 
                from a promotion list under section 14310 of this 
                title.
``Sec. 14502. Special selection boards: correction of errors
    ``(a) Officers Not Considered Because of Administrative Error.--(1) 
In the case of an officer or former officer who the Secretary of the 
military department concerned determines was not considered for 
selection for promotion from in or above the promotion zone by a 
mandatory promotion board convened under section 14101(a) of this title 
because of administrative error, the Secretary concerned shall convene 
a special selection board under this subsection to determine whether 
such officer or former officer should be recommended for promotion. Any 
such board shall be convened under regulations prescribed by the 
Secretary of Defense and shall be appointed and composed in accordance 
with section 14102 of this title and shall include the representation 
of competitive categories required by that section. The members of a 
board convened under this subsection shall be required to take an oath 
in the same manner as prescribed in section 14103 of this title.
    ``(2) A special selection board convened under this subsection 
shall consider the record of the officer or former officer as that 
record would have appeared to the promotion board that should have 
considered the officer or former officer. That record shall be compared 
with a sampling of the records of those officers of the same grade and 
competitive category who were recommended for promotion and those 
officers of the same grade and competitive category who were not 
recommended for promotion by that board.
    ``(3) If a special selection board convened under paragraph (1) 
does not recommend for promotion an officer or former officer in a 
grade below the grade of colonel or, in the case of an officer or 
former officer of the Navy, captain, whose name was referred to it for 
consideration, the officer or former officer shall be considered to 
have failed of selection for promotion.
    ``(b) Officers Considered but Not Selected; Material Error.--(1) In 
the case of an officer or former officer who was eligible for promotion 
and was considered for selection for promotion from in or above the 
promotion zone under this chapter by a selection board but was not 
selected, the Secretary of the military department concerned may, under 
regulations prescribed by the Secretary of Defense, convene a special 
selection board under this subsection to determine whether the officer 
or former officer should be recommended for promotion, if the Secretary 
determines that--
            ``(A) the action of the selection board that considered the 
        officer or former officer was contrary to law or involved 
        material error of fact or material administrative error; or
            ``(B) the selection board did not have before it for its 
        consideration material information.
    ``(2) A special selection board convened under paragraph (1) shall 
be appointed and composed in accordance with section 14102 of this 
title (including the representation of competitive categories required 
by that section), and the members of such a board shall take an oath in 
the same manner as prescribed in section 14103 of this title.
    ``(3) Such board shall consider the record of the officer or former 
officer as that record, if corrected, would have appeared to the 
selection board that considered the officer or former officer. That 
record shall be compared with a sampling of the records of those 
officers of the same grade and competitive category who were 
recommended for promotion and those officers of the same grade and 
competitive category who were not recommended for promotion by that 
board.
    ``(4) If a special selection board convened under paragraph (1) 
does not recommend for promotion an officer or former officer in the 
grade of lieutenant colonel or commander or below whose name was 
referred to it for consideration, the officer or former officer shall 
be considered to have failed of selection for promotion by the board 
which did consider the officer but incurs no additional failure of 
selection for promotion from the action of the special selection board.
    ``(c) Report.--Each special selection board convened under this 
section shall submit to the Secretary of the military department 
concerned a written report, signed by each member of the board, 
containing the name of each officer it recommends for promotion and 
certifying that the board has considered carefully the record of each 
officer whose name was referred to it.
    ``(d) Applicable Provisions.--The provisions of sections 14104, 
14109, 14110, and 14111 of this title apply to the report and 
proceedings of a special selection board convened under this section in 
the same manner as they apply to the report and proceedings of a 
promotion board convened under section 14101(a) of this title.
    ``(e) Appointment of Officers Recommended for Promotion.--(1) An 
officer whose name is placed on a promotion list as a result of 
recommendation for promotion by a special selection board convened 
under this section, shall, as soon as practicable, be appointed to the 
next higher grade in accordance with the law and policies which would 
have been applicable had he been recommended for promotion by the board 
which should have considered or which did consider him.
    ``(2) An officer who is promoted to the next higher grade as the 
result of the recommendation of a special selection board convened 
under this section shall, upon such promotion, have the same date of 
rank, the same effective date for the pay and allowances of that grade, 
and the same position on the reserve active-status list as the officer 
would have had if the officer had been recommended for promotion to 
that grade by the selection board which should have considered, or 
which did consider, the officer.
    ``(3) If the report of a special selection board convened under 
this section, as approved by the President, recommends for promotion to 
the next higher grade an officer not currently eligible for promotion 
or a former officer whose name was referred to it for consideration, 
the Secretary concerned may act under section 1552 of this title to 
correct the military record of the officer or former officer to correct 
an error or remove an injustice resulting from not being selected for 
promotion by the board which should have considered, or which did 
consider, the officer.
    ``(f) Time Limits for Consideration.--The Secretary of Defense may 
prescribe by regulation the circumstances under which consideration by 
a special selection board is contingent upon application for 
consideration by an officer or former officer and time limits within 
which an officer or former officer must make such application in order 
to be considered by a special selection board under this section.
    ``(g) Limitation of Other Jurisdiction.--No official or court of 
the United States shall have power or jurisdiction--
            ``(1) over any claim based in any way on the failure of an 
        officer or former officer of the armed forces to be selected 
        for promotion by a selection board convened under chapter 1403 
        of this title until--
                    ``(A) the claim has been referred to a special 
                selection board by the Secretary concerned and acted 
                upon by that board; or
                    ``(B) the claim has been rejected by the Secretary 
                without consideration by a special selection board; or
            ``(2) to grant any relief on such a claim unless the 
        officer or former officer has been selected for promotion by a 
        special selection board convened under this section to consider 
        the officer's claim.
    ``(h) Judicial Review.--(1) A court of the United States may review 
a determination by the Secretary concerned under subsection (a)(1), 
(b)(1), or (e)(3) not to convene a special selection board. If a court 
finds the determination to be arbitrary or capricious, not based on 
substantial evidence, or otherwise contrary to law, it shall remand the 
case to the Secretary concerned, who shall provide for consideration of 
the officer or former officer by a special selection board under this 
section.
    ``(2) If a court finds that the action of a special selection board 
which considers an officer or former officer was contrary to law or 
involved material error of fact or material administrative error, it 
shall remand the case to the Secretary concerned, who shall provide the 
officer or former officer reconsideration by a new special selection 
board.
    ``(i) Designation of Boards.--The Secretary of the military 
department concerned may designate a promotion board convened under 
section 14101(a) of this title as a special selection board convened 
under this section. A board so designated may function in both 
capacities.
``Sec. 14503. Discharge of officers with less than five years of 
              commissioned service or found not qualified for promotion 
              to first lieutenant or lieutenant (junior grade)
    ``(a) Authorized Discharges.--The Secretary of the military 
department concerned may discharge any reserve officer who--
            ``(1) has less than five years of service in an active 
        status as a commissioned officer; or
            ``(2) is serving in the grade of second lieutenant or 
        ensign and has been found not qualified for promotion to the 
        grade of first lieutenant or lieutenant (junior grade).
    ``(b) Time for Discharge.--(1) An officer described in subsection 
(a)(2)--
            ``(A) may be discharged at any time after being found not 
        qualified for promotion; and
            ``(B) if not sooner discharged, shall be discharged at the 
        end of the 18-month period beginning on the date on which the 
        officer is first found not qualified for promotion.
    ``(2) Paragraph (1) shall not apply if the officer is sooner 
promoted.
    ``(c) Regulations.--Discharges under this section shall be made 
under regulations prescribed by the Secretary of Defense and may be 
made without regard to section 12645 of this title.
``Sec. 14504. Effect of failure of selection for promotion: reserve 
              first lieutenants of the Army, Air Force, and Marine 
              Corps and reserve lieutenants (junior grade) of the Navy
    ``(a) General Rule.--A first lieutenant on the reserve active-
status list of the Army, Air Force, or Marine Corps or a lieutenant 
(junior grade) on the reserve active-status list of the Navy who has 
failed of selection for promotion to the next higher grade for the 
second time and whose name is not on a list of officers recommended for 
promotion to the next higher grade shall be separated in accordance 
with section 14513 of this title not later than the first day of the 
seventh month after the month in which the President approves the 
report of the board which considered the officer for the second time.
    ``(b) Exceptions.--Subsection (a) does not apply (1) in the case of 
an officer retained as provided by regulation of the Secretary of the 
military department concerned in order to meet planned mobilization 
needs for a period not in excess of 24 months beginning with the date 
on which the President approves the report of the selection board which 
resulted in the second failure, or (2) as provided in section 12646 or 
12686 of this title.
``Sec. 14505. Effect of failure of selection for promotion: reserve 
              captains of the Army, Air Force, and Marine Corps and 
              reserve lieutenants of the Navy
    ``Unless retained as provided in section 12646 or 12686 of this 
title, a captain on the reserve active-status list of the Army, Air 
Force, or Marine Corps or a lieutenant on the reserve active-status 
list of the Navy who has failed of selection for promotion to the next 
higher grade for the second time and whose name is not on a list of 
officers recommended for promotion to the next higher grade and who has 
not been selected for continuation on the reserve active-status list 
under section 14701 of this title, shall be separated in accordance 
with section 14513 of this title not later than the first day of the 
seventh month after the month in which the President approves the 
report of the board which considered the officer for the second time.
``Sec. 14506. Effect of failure of selection for promotion: reserve 
              majors of the Army, Air Force and Marine Corps and 
              reserve lieutenant commanders of the Navy
    ``Unless retained as provided in section 12646, 12686, 14701, or 
14702 of this title, each reserve officer of the Army, Navy, Air Force, 
or Marine Corps who holds the grade of major or lieutenant commander 
who has failed of selection to the next higher grade for the second 
time and whose name is not on a list of officers recommended for 
promotion to the next higher grade shall, if not earlier removed from 
the reserve active-status list, be removed from that list in accordance 
with section 14513 of this title on the first day of the month after 
the month in which the officer completes 20 years of commissioned 
service.
``Sec. 14507. Removal from the reserve active-status list for years of 
              service: reserve lieutenant colonels and colonels of the 
              Army, Air Force, and Marine Corps and reserve commanders 
              and captains of the Navy
    ``(a) Lieutenant Colonels and Commanders.--Unless continued on the 
reserve active-status list under section 14701 or 14702 of this title 
or retained as provided in section 12646 or 12686 of this title, each 
reserve officer of the Army, Navy, Air Force, or Marine Corps who holds 
the grade of lieutenant colonel or commander and who is not on a list 
of officers recommended for promotion to the next higher grade shall 
(if not earlier removed from the reserve active-status list) be removed 
from that list under section 14514 of this title on the first day of 
the month after the month in which the officer completes 28 years of 
commissioned service.
    ``(b) Colonels and Navy Captains.--Unless continued on the reserve 
active-status list under section 14701 or 14702 of this title or 
retained as provided in section 12646 or 12686 of this title, each 
reserve officer of the Army, Air Force, or Marine Corps who holds the 
grade of colonel, and each reserve officer of the Navy who holds the 
grade of captain, and who is not on a list of officers recommended for 
promotion to the next higher grade shall (if not earlier removed from 
the reserve active-status list) be removed from that list under section 
14514 of this title on the first day of the month after the month in 
which the officer completes 30 years of commissioned service. This 
subsection does not apply to the adjutant general or assistant 
adjutants general of a State.
``Sec. 14508. Removal from the reserve active-status list for years of 
              service: reserve general and flag officers
    ``(a) Thirty Years Service or Five Years in Grade.--Unless retired, 
transferred to the Retired Reserve, or discharged at an earlier date, 
each reserve officer of the Army, Air Force, or Marine Corps in the 
grade of brigadier general who has not been recommended for promotion 
to the grade of major general, and each reserve officer of the Navy in 
the grade of rear admiral (lower half) who has not been recommended for 
promotion to rear admiral shall, 30 days after completion of 30 years 
of commissioned service or on the fifth anniversary of the date of the 
officer's appointment in the grade of brigadier general or rear admiral 
(lower half), whichever is later, be separated in accordance with 
section 14514 of this title.
    ``(b) Thirty-Five Years Service or Five Years in Grade.--Unless 
retired, transferred to the Retired Reserve, or discharged at an 
earlier date, each reserve officer of the Army, Air Force, or Marine 
Corps in the grade of major general, and each reserve officer of the 
Navy in the grade of rear admiral, shall, 30 days after completion of 
35 years of commissioned service or on the fifth anniversary of the 
date of the officer's appointment in the grade of major general or rear 
admiral, whichever is later, be separated in accordance fith section 
14514 of this title.
    ``(c) Retention of Brigadier Generals.--A reserve officer of the 
Army or Air Force in the grade of brigadier general who would otherwise 
be removed from an active status under this subsection (a) may, in the 
discretion of the Secretary of the Army or the Secretary of the Air 
Force, as the case may be, be retained in an active status, but not 
later than the date on which the officer becomes 60 years of age. Not 
more than 10 officers of the Army and not more than 10 officers of the 
Air Force may be retained under this subsection at any one time.
    ``(d) Retention of Major Generals.--A reserve officer of the Army 
or Air Force in the grade of major general who would otherwise be 
removed from an active status under this subsection (b) may, in the 
discretion of the Secretary of the Army or the Secretary of the Air 
Force, as the case may be, be retained in an active status, but not 
later than the date on which the officer becomes 62 years of age. Not 
more than 10 officers of the Army and not more than 10 officers of the 
Air Force may be retained under this subsection at any one time.
    ``(e) Exception for State Adjutants General and Assistant Adjutants 
General.--This section does not apply to an officer who is the adjutant 
general or assistant adjutant general of a State.
``Sec. 14509. Separation at age 60: reserve officers in grades below 
              brigadier general or rear admiral (lower half)
    ``Each reserve officer of the Army, Navy, Air Force, or Marine 
Corps in a grade below brigadier general or rear admiral (lower half) 
who has not been recommended for promotion to the grade of brigadier 
general or rear admiral (lower half) and is not a member of the Retired 
Reserve shall, on the last day of the month in which that officer 
becomes 60 years of age, be separated in accordance with section 14515 
of this title.
``Sec. 14510. Separation at age 60: reserve brigadier generals and rear 
              admirals (lower half)
    ``Unless retired, transferred to the Retired Reserve, or discharged 
at an earlier date, each reserve officer of the Army, Air Force, or 
Marine Corps in the grade of brigadier general who has not been 
recommended for promotion to the grade of major general, and each 
reserve rear admiral (lower half) of the Navy who has not been 
recommended for promotion to the grade of rear admiral, except an 
officer covered by section 14512 of this title, shall be separated in 
accordance with section 14515 of this title on the last day of the 
month in which the officer becomes 60 years of age.
``Sec. 14511. Separation at age 62: major generals and rear admirals
    ``Unless retired, transferred to the Retired Reserve, or discharged 
at an earlier date, each reserve officer of the Army, Air Force, or 
Marine Corps in the grade of major general and each reserve officer of 
the Navy in the grade of rear admiral, except an officer covered by 
section 14512 of this title, shall be separated in accordance with 
section 14515 of this title on the last day of the month in which the 
officer becomes 62 years of age.
``Sec. 14512. Separation at age 64: officers holding certain offices
    ``(a) Army and Air Force.--Unless retired, transferred to the 
Retired Reserve, or discharged at an earlier date, a reserve officer of 
the Army or Air Force who is Chief of the National Guard Bureau, an 
adjutant general, or if a reserve officer of the Army, commanding 
general of the troops of a State, shall on the last day of the month in 
which the officer becomes 64 years of age, be separated in accordance 
with section 14515 of this title.
    ``(b) Navy and Marine Corps.--The Secretary of the Navy may defer 
the retirement under section 14510 or 14511 of a reserve officer of the 
Navy in a grade above captain or a reserve officer of the Marine Corps 
in a grade above colonel and retain the officer in an active status 
until the officer becomes 64 years of age. Not more than 10 officers 
may be so deferred at any one time, distributed between the Naval 
Reserve and the Marine Corps Reserve as the Secretary determines.
``Sec. 14513. Separation for failure of selection of promotion
    ``Each reserve officer of the Army, Navy, Air Force, or Marine 
Corps who is in an active status and whose removal from an active 
status or from a reserve active-status list is required by section 
14504, 14505, or 14506 of this title shall (unless the officer's 
separation is deferred or the officer is continued in an active status 
under another provision of law) not later than the date specified in 
those sections--
            ``(1) be transferred to an inactive status if the Secretary 
        concerned determines that the officer has skills which may be 
        required to meet the mobilization needs of the officer's armed 
        force;
            ``(2) be transferred to the Retired Reserve, if the officer 
        is qualified and applies for such transfer; or
            ``(3) if the officer is not transferred to an inactive 
        status or to the Retired Reserve, be discharged from the 
        officer's reserve appointment.
``Sec. 14514. Discharge or retirement for years of service or after 
              selection for early removal
    ``Each reserve officer of the Army, Navy, Air Force, or Marine 
Corps who is in an active status and who is required to be removed from 
an active status or from a reserve active-status list, as the case may 
be, under section 14507, 14508, 14704, or 14705 of this title (unless 
the officer is sooner separated or the officer's separation is deferred 
or the officer is continued in an active status under another provision 
of law), in accordance with those sections, shall--
            ``(1) be transferred to the Retired Reserve, if the officer 
        is qualified and applies for such transfer; or
            ``(2) if the officer is not qualified or does not apply for 
        such transfer, be discharged from the officer's reserve 
        appointment.
``Sec. 14515. Discharge or retirement for age
    ``Each reserve officer of the Army, Navy, Air Force, or Marine 
Corps who is in an active status or on an inactive status list and who 
reaches the maximum age specified in section 14509, 14510, 14511, or 
14512 of this title for the officer's grade or position shall (unless 
the officer is sooner separated or the officer's separation is deferred 
or the officer is continued in an active status under another provision 
of law) not later than the last day of the month in which the officer 
reaches that maximum age--
            ``(1) be transferred to the Retired Reserve, if the officer 
        is qualified and applies for such transfer; or
            ``(2) if the officer is not qualified or does not apply for 
        transfer to the Retired Reserve, be discharged from the 
        officer's reserve appointment.
``Sec. 14516. Separation to be considered involuntary
    ``The separation of an officer pursuant to section 14513, 14514, or 
14515 of this title shall be considered to be an involuntary separation 
for purposes of any other provision of law.
``Sec. 14517. Entitlement of officers discharged under this chapter to 
              separation pay
    ``An officer who is discharged under section 14513, 14514, or 14515 
of this title is entitled to separation pay under section 1174 of this 
title if otherwise eligible under that section.

 ``CHAPTER 1409--CONTINUATION OF OFFICERS ON THE RESERVE ACTIVE-STATUS 
                    LIST AND SELECTIVE EARLY REMOVAL

``Sec.
``14701. Selection of officers for continuation on the reserve active-
                            status list.
``14702. Retention on reserve active-status list of certain officers 
                            until age 60.
``14703. Authority to retain chaplains and officers in medical 
                            specialties until specified age.
``14704. Selective early removal from the reserve active-status list.
``14705. Selective early retirement: reserve general and flag officers 
                            of the Navy and Marine Corps.
``14706. Computation of total years of service.
``Sec. 14701. Selection of officers for continuation on the reserve 
              active-status list
    ``(a) Consideration for Continuation.--(1) Upon application, a 
reserve officer of the Army, Navy, Air Force, or Marine Corps who is 
required to be removed from the reserve active-status list under 
section 14505, 14506, or 14507 of this title may, subject to the needs 
of the service and to section 14509 of this title, be considered for 
continuation on the reserve active-status list by a selection board 
convened under section 14101(b) of this title.
    ``(2) A reserve officer who holds the grade of captain in the Army, 
Air Force, or Marine Corps or the grade of lieutenant in the Navy and 
who is subject to separation under section 14513 of this title may not 
be continued on the reserve active-status list under this subsection 
for a period which extends beyond the last day of the month in which 
the officer completes 20 years of commissioned service.
    ``(3) A reserve officer who holds the grade of major or lieutenant 
commander and who is subject to separation under section 14513 of this 
title may not be continued on the reserve active-status list under this 
subsection for a period which extends beyond the last day of the month 
in which the officer completes 24 years of commissioned service.
    ``(4) A reserve officer who holds the grade of lieutenant colonel 
or commander and who is subject to separation under section 14514 of 
this title may not be continued on the reserve active-status list under 
this subsection for a period which extends beyond the last day of the 
month in which the officer completes 33 years of commissioned service.
    ``(5) A reserve officer who holds the grade of colonel in the Army, 
Air Force, or Marine Corps or the grade of captain in the Navy and who 
is subject to separation under section 14514 of this title may not be 
continued on the reserve active-status list under this subsection for a 
period which extends beyond the last day of the month in which the 
officer completes 35 years of commissioned service.
    ``(6) An officer who is selected for continuation on the reserve 
active-status list as a result of the convening of a selection board 
under section 14101(b) of this title but who declines to continue on 
that list shall be separated in accordance with section 14513 or 14514 
of this title, as the case may be.
    ``(7) Each officer who is continued on the reserve active-status 
list under this section, who is not subsequently promoted or continued 
on the active-status list, and whose name is not on a list of officers 
recommended for promotion to the next higher grade shall (unless sooner 
separated under another provision of law) be separated in accordance 
with section 14513 or 14514 of this title, as appropriate, upon the 
expiration of the period for which the officer was continued on the 
reserve active-status list.
    ``(b) Approval of Secretary Concerned.--Continuation of an officer 
on the reserve active-status list under this section pursuant to action 
of a continuation board convened under section 14101(b) of this title 
is subject to the approval of the Secretary of the military department 
concerned.
    ``(c) Instructions To Continuation Boards.--A continuation board 
convened under section 14101(b) of this title to consider officers for 
continuation on the reserve active-status list under this section shall 
act in accordance with the instructions and directions provided to the 
board by the Secretary of the military department concerned.
    ``(d) Regulations.--The Secretary of Defense shall prescribe 
regulations for the administration of this section.
``Sec. 14702. Retention on reserve active-status list of certain 
              officers until age 60
    ``(a) Retention.--Notwithstanding the provisions of section 14506 
or 14507 of this title, the Secretary of the military department 
concerned may, with the officer's consent, retain on the reserve 
active-status list an officer in the grade of major, lieutenant 
colonel, or colonel who is--
            ``(1) an officer of the Army National Guard of the United 
        States and assigned to a headquarters or headquarters 
        detachment of a State; or
            ``(2) a reserve officer of the Army or Air Force who, as a 
        condition of continued employment as a National Guard or 
        Reserve technician is required by the Secretary concerned to 
        maintain membership in a Selected Reserve unit or organization.
    ``(b) Separation at Age 60.--An officer may be retained under this 
section only so long as the officer continues to meet the conditions of 
subsection (a)(1) or (a)(2). An officer may not be retained under this 
section after the last day of the month in which the officer becomes 60 
years of age.
``Sec. 14703. Authority to retain chaplains and officers in medical 
              specialties until specified age
    ``(a) Retention.--Notwithstanding any provision of chapter 1407 of 
this title and except for officers referred to in sections 14503, 
14504, 14505, and 14506 of this title and under regulations prescribed 
by the Secretary of Defense--
            ``(1) the Secretary of the Army may, with the officer's 
        consent, retain in an active status any reserve officer 
        assigned to the Medical Corps, the Dental Corps, the Veterinary 
        Corps, the Medical Services Corps (if the officer has been 
        designated as allied health officer or biomedical sciences 
        officer in that Corps), the Optometry Section of the Medical 
        Services Corps, the Chaplains, the Army Nurse Corps, or the 
        Army Medical Specialists Corps;
            ``(2) the Secretary of the Navy may, with the officer's 
        consent, retain in an active status any reserve officer 
        appointed in the Medical Corps, Dental Corps, Nurse Corps, or 
        Chaplain Corps or appointed in the Medical Services Corps and 
        designated to perform as a veterinarian, optometrist, 
        podiatrist, allied health officer, or biomedical sciences 
        officer; and
            ``(3) the Secretary of the Air Force may, with the 
        officer's consent, retain in an active status any reserve 
        officer who is designated as a medical officer, dental officer, 
        veterinary officer, Air Force nurse, or claplain or who is 
        designated as a biomedical sciences officer and is qualified 
        for service as a veterinarian, optometrist, or podiatrist.
    ``(b) Separation at Specified Age.--An officer may not be retained 
in active status under this section later than the date on which the 
officer becomes 67 years of age (or, in the case of a reserve officer 
of the Army in the Chaplains or a reserve officer of the Air Force 
designated as a chaplain, 60 years of age).
``Sec. 14704. Selective early removal from the reserve active-status 
              list
    ``(a) Boards To Recommend Officers for Removal From Reserve Active-
Status List.--Whenever the Secretary of the military department 
concerned determines that there are in any reserve component under the 
jurisdiction of the Secretary too many officers in any grade and 
competitive category who have at least 30 years of service computed 
under section 14706 of this title or at least 20 years of service 
computed under section 12732 of this title, the Secretary may convene a 
selection board under section 14101(b) of this title to consider all 
officers on that list who are in that grade and competitive category, 
and who have that amount of service, for the purpose of recommending 
officers by name for removal from the reserve active-status list, in 
the number specified by the Secretary by each grade and competitive 
category.
    ``(b) Separation of Officers Selected.--In the case of an officer 
recommended for separation in the report of a board under subsection 
(a), the Secretary may separate the officer in accordance with section 
14514 of this title.
    ``(c) Regulations.--The Secretary of the military department 
concerned shall prescribe regulations for the administration of this 
section.
``Sec. 14705. Selective early retirement: reserve general and flag 
              officers of the Navy and Marine Corps
    ``(a) Authority to Consider.--An officer in the Naval Reserve in an 
active status serving in the grade of rear admiral (lower half) or rear 
admiral and an officer in the Marine Corps Reserve in an active status 
serving in the grade of brigadier general or major general may be 
considered for early retirement whenever the Secretary of the Navy 
determines that such action is necessary.
    ``(b) Boards.--If the Secretary of the Navy determines that 
consideration for early retirement under this section is necessary, the 
Secretary shall convene a board under section 14101(b) of this title to 
recommend an appropriate number of officers for early retirement.
    ``(c) Separation Under Section 14514.--An officer selected for 
early retirement under this section shall be separated in accordance 
with section 14514 of this title.
``Sec. 14706. Computation of total years of service
    ``For the purpose of this chapter and chapter 1407 of this title, a 
reserve officer's years of service include all service, other than 
constructive service, of the officer as a commissioned officer of any 
uniformed service (other than service as a warrant officer).

     ``CHAPTER 1411--ADDITIONAL PROVISIONS RELATING TO INVOLUNTARY 
                               SEPARATION

``Sec.
``14901. Separation of chaplains for loss of professional 
                            qualifications.
``14902. Separation for substandard performance and for certain other 
                            reasons.
``14903. Boards of inquiry.
``14904. Rights and procedures.
``14905. Officer considered for removal: retirement or discharge.
``14906. Officers eligible to serve on boards.
``14907. Army National Guard of the United States and Air National 
                            Guard of the United States: discharge and 
                            withdrawal of Federal recognition of 
                            officers absent without leave.
``Sec. 14901. Separation of chaplains for loss of professional 
              qualifications
    ``(a) Separation.--Under regulations prescribed by the Secretary of 
Defense, an officer on the reserve active-status list who is appointed 
or designated as a chaplain may, if the officer fails to maintain the 
qualifications needed to perform the professional function of a 
chaplain, be discharged. The authority under the preceding sentence 
applies without regard to the provisions of section 12645 of this 
title.
    ``(b) Effect of Separation.--If an officer separated under this 
section is eligible for retirement, the officer may be retired. If the 
officer has completed the years of service required for eligibility for 
retired pay under chapter 1223 of this title, the officer may be 
transferred to the Retired Reserve.
``Sec. 14902. Separation for substandard performance and for certain 
              other reasons
    ``(a) Substandard Performance of Duty.--The Secretary of the 
military department concerned shall prescribe, by regulation, 
procedures for the review at any time of the record of any reserve 
officer to determine whether that officer should be required, because 
that officer's performance has fallen below standards prescribed by the 
Secretary concerned, to show cause for retention in an active status.
    ``(b) Misconduct, Etc.--The Secretary of the military department 
concerned shall prescribe, by regulation, procedures for the review at 
any time of the record of any reserve officer to determine whether that 
officer should be required, because of misconduct, because of moral or 
professional dereliction, or because the officer's retention is not 
clearly consistent with the interests of national security, to show 
cause for retention in an active status.
    ``(c) Regulations.--The authority of the Secretary of a military 
department under this section shall be carried out subject to such 
limitations as the Secretary of Defense may prescribe by regulation.
``Sec. 14903. Boards of inquiry
    ``(a) Convening of Boards.--The Secretary of the military 
department concerned shall convene a board of inquiry at such time and 
place as the Secretary may prescribe to receive evidence and review the 
case of any officer who has been required to show cause for retention 
in an active status under section 14902 of this title. Each board of 
inquiry shall be composed of not less than three officers who have the 
qualifications prescribed in section 14906 of this title.
    ``(b) Right to Fair Hearing.--A board of inquiry shall give a fair 
and impartial hearing to each officer required under section 14902 of 
this chapter to show cause for retention in an active status.
    ``(c) Recommendations to Secretary.--If a board of inquiry 
determines that the officer has failed to establish that the officer 
should be retained in an active status, the board shall recommend to 
the Secretary concerned that the officer not be retained in an active 
status.
    ``(d) Action by Secretary.--After review of the recommendation of 
the board of inquiry, the Secretary may--
            ``(1) remove the officer from an active status; or
            ``(2) determine that the case be closed.
    ``(e) Action in Cases Where Cause for Retention Is Established.--
(1) If a board of inquiry determines that an officer has established 
that the officer should be retained in an active status or if the 
Secretary determines that the case be closed, the officer's case is 
closed.
    ``(2) An officer who is required to show cause for retention under 
section 14902(a) of this title and whose case is closed under paragraph 
(1) may not again be required to show cause for retention under such 
subsection during the one-year period beginning on the date of that 
determination.
    ``(3)(A) Subject to subparagraph (B), an officer who is required to 
show cause for retention under section 14902(b) of this title and whose 
case is closed under paragraph (1) may again be required to show cause 
for retention at any time.
    ``(B) An officer who has been required to show cause for retention 
under section 14902(b) of this title and who is thereafter retained in 
an active status may not again be required to show cause for retention 
under such section solely because of conduct which was the subject of 
the previous proceeding, unless the recommendations of the board of 
inquiry that considered the officer's case are determined to have been 
obtained by fraud or collusion.
``Sec. 14904. Rights and procedures
    ``(a) Procedural Rights.--Under regulations prescribed by the 
Secretary of Defense, an officer required under section 14902 of this 
title to show cause for retention in an active status--
            ``(1) shall be notified in writing, at least 30 days before 
        the hearing of the officer's case by a board of inquiry, of the 
        reasons for which the officer is being required to show cause 
        for retention in an active status;
            ``(2) shall be allowed a reasonable time, as determined by 
        the board of inquiry, to prepare for showing of cause for 
        retention in an active status;
            ``(3) shall be allowed to appear in person and to be 
        represented by counsel at proceedings before the board of 
        inquiry; and
            ``(4) shall be allowed full access to, and shall be 
        furnished copies of, records relevant to the case, except that 
        the board of inquiry shall withhold any record that the 
        Secretary concerned determines should be withheld in the 
        interest of national security.
    ``(b) Summary of Records Withheld.--When a record is withheld under 
subsection (a)(4), the officer whose case is under consideration shall, 
to the extent that the interest of national security permits, be 
furnished a summary of the record so withheld.
``Sec. 14905. Officer considered for removal: retirement or discharge
    ``(a) Voluntary Retirement or Discharge.--At any time during 
proceedings under this chapter with respect to the removal of an 
officer from an active status, the Secretary of the military department 
concerned may grant a request by the officer--
            ``(1) for voluntary retirement, if the officer is qualified 
        for retirement;
            ``(2) for transfer to the Retired Reserve if the officer 
        has completed the years of service required for eligibility for 
        retired pay under chapter 1223 of this title and is otherwise 
        eligible for transfer to the Retired Reserve; or
            ``(3) for discharge in accordance with subsection (b)(3).
    ``(b) Required Retirement or Discharge.--An officer removed from an 
active status under section 14903 of this title shall--
            ``(1) if eligible for voluntary retirement under any 
        provision of law on the date of such removal, be retired in the 
        grade and with the retired pay for which he would be eligible 
        if retired under that provision;
            ``(2) if eligible for transfer to the Retired Reserve and 
        has completed the years of service required for retired pay 
        under chapter 1223 of this title, be transferred to the Retired 
        Reserve; and
            ``(3) if ineligible for retirement or transfer to the 
        Retired Reserve under paragraph (1) or (2) on the date of such 
        removal--
                    ``(A) be honorably discharged in the grade then 
                held, in the case of an officer whose case was brought 
                under subsection (a) of section 14902 of this title; or
                    ``(B) be discharged in the grade then held, in the 
                case of an officer whose case was brought under 
                subsection (b) of section 14902 of this title.
    ``(c) Separation Pay.--An officer who is discharged under 
subsection (b)(3) is entitled, if eligible therefor, to separation pay 
under section 1174(c) of this title.
``Sec. 14906. Officers eligible to serve on boards
    ``(a) Composition of Boards.--(1) Each officer who serves on a 
board convened under this chapter shall be an officer of the same armed 
force as the officer being required to show cause for retention in an 
active status.
    ``(2) An officer may not serve on a board under this chapter unless 
the officer holds a grade above lieutenant colonel or commander and is 
senior in grade and rank to any officer considered by the board.
    ``(b) Limitation.--A person may not be a member of more than one 
board convened under this chapter to consider the same officer.
``Sec. 14907. Army National Guard of the United States and Air National 
              Guard of the United States: discharge and withdrawal of 
              Federal recognition of officers absent without leave
    ``(a) Authority To Withdraw Federal Recognition.--If an officer of 
the Army National Guard of the United States or the Air National Guard 
of the United States has been absent without leave for three months, 
the Secretary of the Army or the Secretary of the Air Force, as 
appropriate, may--
            ``(1) terminate the reserve appointment of the officer; and
            ``(2) withdraw the officer's Federal recognition as an 
        officer of the National Guard.
    ``(b) Discharge from Reserve Appointment.--An officer of the Army 
National Guard of the United States or the Air National Guard of the 
United States whose Federal recognition as an officer of the National 
Guard is withdrawn under section 323(b) of title 32 shall be discharged 
from the officer's appointment as a reserve officer of the Army or the 
Air Force, as the case may be.''.

                     Part B--Conforming Amendments

SEC. 111. DEFINITION OF RESERVE ACTIVE-STATUS LIST.

    Section 101(c) is amended by adding at the end the following new 
paragraph:
            ``(7) The term `reserve active-status list' means a single 
        list for the Army, Navy, Air Force, or Marine Corps (required 
        to be maintained under section 14002 of this title) that 
        contains the names of all officers of that armed force except 
        warrant officers (including commissioned warrant officers) who 
        are in an active status in a reserve component of the Army, 
        Navy, Air Force, or Marine Corps and are not on an active-duty 
        list.''.

SEC. 112. AUTHORITY TO SUSPEND OFFICER PERSONNEL LAWS DURING WAR OR 
              NATIONAL EMERGENCY.

    (a) Authority.--Section 123 is amended to read as follows:
``Sec. 123. Authority to suspend officer personnel laws during war or 
              national emergency
    ``In time of war, or of national emergency declared by Congress or 
the President after November 30, 1980, the President may suspend the 
operation of any provision of law relating to the promotion, 
involuntary retirement, or separation of commissioned officers of the 
Army, Navy, Air Force, Marine Corps, or Coast Guard Reserve. So long as 
such war or national emergency continues, any such suspension may be 
extended by the President.
    ``(b) Any such suspension 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 preceding 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 the 
termination of the emergency.
    ``(c) If a provision of law pertaining to the promotion of reserve 
officers is suspended under this section and if the Secretary of 
Defense submits to Congress proposed legislation to adjust the grades 
and dates of rank of reserve commissioned officers other than 
commissioned warrant officers, such proposed legislation shall, so far 
as practicable, be the same as that recommended for adjusting the 
grades and dates of rank of officers of the regular component of the 
armed force concerned.''.
    (b) Conforming Repeal.--Section 644 is repealed.

SEC. 113. ACTIVE-DUTY LIST PROMOTION BOARDS TO HAVE AUTHORITY TO 
              RECOMMEND THAT RESERVE OFFICERS CONSIDERED FOR PROMOTION 
              BE REQUIRED TO SHOW CAUSE FOR RETENTION ON ACTIVE DUTY.

    Section 617(b) is amended--
            (1) by inserting ``or reserve'' after ``any regular''; and
            (2) by inserting ``or 1411'' after ``chapter 60''.

SEC. 114. APPLICABILITY OF CHAPTER 36 TO RESERVE OFFICERS DURING WAR OR 
              NATIONAL EMERGENCY.

    Section 641 is amended--
            (1) by inserting ``(a)'' before ``Officers in the 
        following''; and
            (2) by adding at the end the following:
    ``(b) Under regulations prescribed by the Secretary of the military 
department concerned, a reserve officer who is ordered to active duty 
(whether voluntarily or involuntarily) during a war or national 
emergency and who would otherwise be placed on the active-duty list may 
be excluded from that list as determined by the Secretary concerned. 
Exclusion of an officer from the active-duty list as the result of 
action by the Secretary concerned under the preceding sentence shall 
expire not later than 24 months after the date on which the officer 
enters active duty under an order to active duty covered by that 
sentence.''.

SEC. 115. GRADE IN WHICH RESERVE OFFICERS ARE ORDERED TO ACTIVE DUTY.

    Section 689 is amended--
            (1) by inserting ``or full-time National Guard duty'' after 
        ``active duty'' the first two places it appears; and
            (2) by inserting ``and placed on the active-duty list'' 
        after ``active duty'' the third place it appears.

SEC. 116. DATE OF RANK.

    Section 741(d)(3) is amended--
            (1) by inserting ``or who is transferred from an inactive 
        status to an active status and placed on the active-duty list 
        or the reserve active-status list'' after ``warrant officer (W-
        5)'';
            (2) by inserting ``or reserve active-status list'' after 
        ``active-duty list'' the second place it appears; and
            (3) by adding at the end: ``The authority to change the 
        date of rank of a reserve officer who is placed on the active-
        duty list to a later date does not apply in the case of an 
        officer who (A) has served continuously in the Selected Reserve 
        of the Ready Reserve since the officer's last promotion, or (B) 
        is placed on the active-duty list while on a promotion list as 
        described in section 14317(b) of this title.''.

SEC. 117. DISCHARGE BEFORE COMPLETION OF REQUIRED SERVICE IN CASE OF 
              OFFICERS HAVING TWICE FAILED OF SELECTION FOR CAPTAIN OR 
              NAVY LIEUTENANT.

    Section 1005(b) is amended--
            (1) by striking out ``or'' at the end of paragraph (1);
            (2) by striking out the period at the end of paragraph (2) 
        and inserting in lieu thereof a semicolon; and
            (3) by adding at the end the following:
            ``(3) an officer on the active-duty list or reserve active-
        status list who has failed of selection for promotion for the 
        second time to the grade of captain, in the case of an officer 
        of the Army, Air Force, or Marine Corps, or to the grade of 
        lieutenant, in the case of an officer of the Navy; or
            ``(4) an officer whose discharge or transfer from an active 
        status is required by law.''.

SEC. 118. CONFORMING AMENDMENTS RELATING TO NAVY AND MARINE CORPS 
              OFFICERS.

    Section 6389 is amended--
            (1) in subsection (a)--
                    (A) by inserting ``while on the active-duty list'' 
                after ``to the next higher grade''; and
                    (B) by striking out the period at the end and 
                inserting in lieu thereof ``or released from active 
                duty and placed on the reserve active-status list.'';
            (2) in subsection (b), by striking out ``or (f)'';
            (3) in subsection (c)--
                    (A) by inserting ``(1)'' after ``(c)'';
                    (B) by striking out ``lieutenant commander or 
                above'' both places it appears and inserting in lieu 
                thereof ``lieutenant commander or commander'';
                    (C) by striking out ``major or above'' both places 
                it appears and inserting in lieu thereof ``major or 
                lieutenant colonel'';
                    (D) by inserting ``while on the active-duty list'' 
                after ``to the next higher grade'' in the first 
                sentence; and
                    (E) in the table--
                            (i) by striking out the line relating to 
                        the grades of captain in the Navy and colonel 
                        in the Marine Corps; and
                            (ii) by striking out ``26 years'' and 
                        inserting in lieu thereof ``28 years'';
                    (F) by designating the sentence after the table as 
                paragraph (2) and in that sentence striking out ``the 
                first sentence of this subsection'' and inserting in 
                lieu thereof ``the first sentence of paragraph (1)'';
                    (G) by designating the next sentence as paragraph 
                (3) and in that sentence striking out ``the first two 
                sentences of this subsection'' and inserting in lieu 
                thereof ``paragraph (1)''; and
                    (H) by designating the last sentence as paragraph 
                (4) and in that sentence--
                            (i) striking out ``the first two sentences 
                        of this subsection'' and inserting in lieu 
                        thereof ``paragraph (1)''; and
                            (ii) striking out ``captain or''; and
            (4) by striking out subsections (e), (f), and (g).

SEC. 119. REPEAL OF RESERVE OFFICER PERSONNEL POLICY LAWS.

    (a) Army Provisions.--
            (1) Chapter 337, relating to appointments as reserve 
        officers (other than sections 3351 and 3352), is repealed.
            (2) Chapter 361, relating to separation for various 
        reasons, is repealed.
            (3) Chapter 363, relating to separation or transfer to the 
        Retired Reserve, is repealed.
    (b) Navy and Marine Corps Provisions.--
            (1) Chapter 541, relating to running mates as reserve 
        officers, is repealed.
            (2) Chapter 549, relating to reserve promotions, is 
        repealed.
            (3) Sections 6391, 6392, 6397, 6403, and 6410 are repealed.
    (c) Air Force Provisions.--
            (1) Chapter 837, relating to appointments as reserve 
        officers (other than sections 8351 and 8352), is repealed.
            (2) Sections 8819 and 8820 are repealed.
            (3) Chapter 863, relating to separation or transfer to the 
        Retired Reserve, is repealed.

SEC. 120. AMENDMENTS TO TITLE 32, UNITED STATES CODE.

    Title 32, United States Code, is amended as follows:
            (1) Sections 309 and 310 are amended to read as follows:
``Sec. 309. Federal recognition of National Guard officers: officers 
              promoted to fill vacancies
    ``Each officer of the National Guard who is promoted to fill a 
vacancy in a federally recognized unit of the National Guard, and who 
has been on the reserve active-status list or the active-duty list of 
the Army or the Air Force for at least one year and has completed the 
minimum years of service in grade specified in section 14303 of title 
10, shall be examined for Federal recognition in the grade to which the 
officer is promoted.
``Sec. 310. Federal recognition of National Guard officers: automatic 
              recognition
    ``(a) Notwithstanding sections 307 and 309 of this title, if a 
second lieutenant of the National Guard is promoted to the grade of 
first lieutenant to fill a vacancy in a federally recognized unit in 
the National Guard, Federal recognition is automatically extended to 
that officer in the grade of first lieutenant, effective as of the date 
on which that officer has completed the service in the grade specified 
in section 14303(a)(1) of title 10 and has met such other requirements 
as prescribed by the Secretary concerned under section 14308(b) of that 
title, if the officer has remained in an active status since the 
officer was so recommended.
    ``(b) Notwithstanding sections 307 and 309 of this title, if an 
officer of the Army Reserve or the Air Force Reserve in a reserve grade 
above second lieutenant is appointed in the next higher grade in the 
National Guard to fill a vacancy in a federally recognized unit in the 
National Guard, Federal recognition is automatically extended to that 
officer in the grade in which the officer is so appointed in the 
National Guard if the officer has been recommended for promotion under 
chapter 1405 of title 10 and has remained in an active status since the 
officer was so recommended. The extension of Federal recognition under 
this subsection is effective as of the date when the officer is 
appointed in the National Guard.''.
            (2) Section 323 is amended by striking out subsections (d) 
        and (e) and inserting in lieu thereof the following:
    ``(d) The Federal recognition of a reserve commissioned officer of 
the Army or the Air Force who is--
            ``(1) federally recognized as an officer of the National 
        Guard; and
            ``(2) subject to involuntary transfer to the Retired 
        Reserve, transfer to an inactive status list, or discharge 
        under chapter 1407, 1409, or 1411 of title 10;
shall, if not sooner withdrawn, be withdrawn on the date of such 
involuntary transfer or discharge.''.

              TITLE II--OTHER PERSONNEL POLICY AMENDMENTS

                          Part A--Appointments

SEC. 201. REPEAL OF SEPARATE AUTHORITY FOR ACCESSION OF WOMEN IN 
              RESERVE COMPONENTS.

    (a) Enlistments.--Section 510 is amended--
            (1) by striking out subsection (c); and
            (2) by redesignating subsection (d) as subsection (c).
    (b) Appointment of Officers.--Section 591 is amended--
            (1) by striking out subsection (c); and
            (2) by redesignating subsections (d) and (e) as subsections 
        (c) and (d), respectively.

SEC. 202. APPOINTMENT AUTHORITY FOR RESERVE GRADES OF LIEUTENANT 
              COLONEL AND COMMANDER.

    Section 593(a) is amended--
            (1) in the first sentence, by striking out ``Reserves in 
        commissioned grades below lieutenant colonel and commander'' 
        and inserting in lieu thereof ``reserve officers in 
        commissioned grades of lieutenant colonel and commander or 
        below''; and
            (2) in the second sentence, by striking out ``Reserves in 
        commissioned grades above major and lieutenant commander'' and 
        inserting in lieu thereof ``reserve officers in commissioned 
        grades above lieutenant colonel and commander''.

SEC. 203. APPOINTMENT OF FORMER COMMISSIONED OFFICERS IN RESERVE 
              COMPONENTS.

    Chapter 34 is amended by inserting after section 596 the following 
new section:
``Sec. 596a. Commissioned officers: appointment of former commissioned 
              officers
    ``Under regulations prescribed by the Secretary of Defense, a 
person who is a former commissioned officer may, if otherwise 
qualified, be appointed as a reserve officer of the Army, Navy, Air 
Force, or Marine Corps. A person so appointed--
            ``(1) may be placed on the reserve active-status list of 
        that armed force in the grade equivalent to the permanent 
        regular or reserve grade, and in the same competitive category, 
        in which the person previously served satisfactorily on active 
        duty or in an active status; and
            ``(2) may be credited for the purpose of determining date 
        of rank under section 741(d) of this title with service in 
        grade equal to that held by that person when discharged or 
        separated.''.

SEC. 204. CONSTRUCTIVE CREDIT FOR APPOINTMENT OF OFFICERS IN RESERVE 
              COMPONENTS WITH QUALIFYING EDUCATION OR EXPERIENCE.

    Chapter 34 is further amended by inserting after section 596a (as 
added by section 203) the following new section:
``Sec. 596b. Commissioned officers: service credit upon original 
              appointment
    ``(a)(1) For the purpose of determining the grade and the rank 
within grade of a person receiving an original appointment as a reserve 
commissioned officer (other than a commissioned warrant officer) in the 
Army, Navy, Air Force, or Marine Corps, the person shall be credited at 
the time of the appointment with any commissioned service (other than 
service as a commissioned warrant officer) performed before such 
appointment as a regular officer, or as a reserve officer in an active 
status, in any armed force, the National Oceanic and Atmospheric 
Administration, or the Public Health Service.
    ``(2) The Secretary of Defense shall prescribe regulations, which 
shall apply uniformly among the Army, Navy, Air Force, and Marine 
Corps, to authorize the Secretary of the military department concerned 
to limit the amount of prior commissioned service with which a person 
receiving an original appointment may be credited under paragraph (1), 
or to deny any such credit, in the case of a person who at the time of 
such appointment is credited with constructive service under subsection 
(b).
    ``(b)(1) Under regulations prescribed by the Secretary of Defense, 
a person who is receiving an original appointment as a reserve 
commissioned officer (other than a commissioned warrant officer) of the 
Army, Navy, Air Force, or Marine Corps, or a designation in, or an 
assignment to, an officer category in which advanced education or 
training is required and who has advanced education or training, shall 
be credited with constructive service for such education, training, or 
experience, as follows:
            ``(A) One year for each year of advanced education beyond 
        the baccalaureate degree level, for persons appointed or 
        designated in, or assigned to, officer categories requiring 
        such advanced education or an advanced degree as a prerequisite 
        for such appointment, designation, or assignment. Except as 
        provided in subparagraph (D), in determining the number of 
        years of constructive service to be credited under this 
        subparagraph to officers in any professional field, the 
        Secretary concerned shall credit an officer with, but with not 
        more than, the number of years of postsecondary education in 
        excess of four that are required by a majority of institutions 
        that award degrees in that professional field for completion of 
        the advanced education or award of the advanced degree.
            ``(B)(i) Credit for any period of advanced education in a 
        health profession (other than medicine and dentistry) beyond 
        the baccalaureate degree level which exceeds the basic 
        education criteria for such appointment, designation, or 
        assignment, if such advanced education will be directly used by 
        the armed force concerned.
            ``(ii) Credit for experience in a health profession (other 
        than medicine or dentistry), if such experience will be 
        directly used by the armed force concerned.
            ``(C) Additional credit of (i) not more than one year for 
        internship or equivalent graduate medical, dental, or other 
        formal health professional training required by the armed 
        forces, and (ii) not more than one year for each additional 
        year of such graduate-level training or experience creditable 
        toward certification in a speciality required by the armed 
        force concerned.
            ``(D) Additional credit, in unusual cases, based on special 
        experience in a particular field.
            ``(E) Additional credit of one year for advanced education 
        in a health profession if the number of years of baccalaureate 
        education completed by 75 percent or more of the students 
        entering advanced training in that health profession exceeds, 
        by one or more, the minimum number of years of preprofessional 
        education required by a majority of institutions which award 
        degrees in that health profession. The percentage of such 
        persons shall be computed on an annual basis for each health 
        profession from the data for the year in which the person being 
        so appointed, designated, or assigned was admitted to a 
        professional school. However, a person may not receive 
        additional credit under this subparagraph if the amount of that 
        person's baccalaureate education does not exceed, by one or 
        more, the minimum number of years of preprofessional education 
        required by a majority of institutions which award degrees for 
        that health profession, determined on the basis prescribed in 
        the preceding sentence.
            ``(F) Additional credit for experience as a physician or 
        dentist, if appointed, assigned, or designated as a medical or 
        dental officer.
    ``(2) If the Secretary of Defense determines that the number of 
medical or dental officers serving in an active status in a reserve 
component of the Army, Navy, or Air Force in grades below major or 
lieutenant commander is critically below the number needed by such 
reserve component in such grades, the Secretary of Defense may 
authorize the Secretary of the military department concerned to credit 
any person who is receiving an original appointment for service as a 
medical or dental officer with a period of constructive credit in such 
amount (in addition to any amount credited such person under subsection 
(b)) as will result in the grade of such person being that of captain 
or, in the case of the Naval Reserve, lieutenant.
    ``(3) Except as authorized by the Secretary concerned in individual 
cases and under regulations prescribed by the Secretary of Defense in 
the case of a medical or dental officer, the amount of constructive 
service credited an officer under this subsection may not exceed the 
amount required in order for the officer to be eligible for an original 
appointment as a reserve officer of the Army, Air Force, or Marine 
Corps in the grade of major or as a reserve officer of the Navy in the 
grade of lieutenant commander.
    ``(4) Constructive service credited an officer under this 
subsection is in addition to any service credited that officer under 
subsection (a) and shall be credited at the time of the original 
appointment of the officer or assignment to or designation in an 
officer category in which advanced education or training or special 
experience is required.
    ``(c) Constructive service may not be credited under subsection (b) 
for education, training, or experience obtained while serving as a 
commissioned officer (other than a warrant officer) on active duty or 
in an active status. However, in the case of an officer who completes 
advanced education or receives an advanced degree while on active duty 
or in an active status and in less than the number of years normally 
required to complete such advanced education or receive such advanced 
degree, constructive service may, subject to regulations prescribed 
under subsection (a)(2), be credited to the officer under subsection 
(b)(1)(A) to the extent that the number of years normally required to 
complete such advanced education or receive such advanced degree 
exceeds the actual number of years in which such advanced education or 
degree is obtained by the officer.
    ``(d) If the Secretary of Defense determines that the number of 
qualified judge advocates serving on the active-duty list of the Army, 
Navy, Air Force, or Marine Corps in grades below lieutenant commander 
or major is critically below the number needed by that armed force in 
those grades, the Secretary of Defense may authorize the Secretary of 
the military department concerned to credit any person who is receiving 
an original appointment with a view to assignment to the Judge Advocate 
General's Corps of the Army or appointment to the Judge Advocate 
General's Corps of the Navy, or who is receiving an original 
appointment in the Air Force or Marine Corps with a view to designation 
as a judge advocate, with a period of constructive service in such an 
amount (in addition to any amount credited such person under subsection 
(b)) as will result in the grade of such person being that of captain 
or, in the case of the Navy, lieutenant, and the date of rank of such 
person being junior to that of all other officers of the same grade 
serving on the active-duty list.
    ``(e) Constructive service credited an officer under subsection (b) 
or (d) shall be used only for determining the officer's--
            ``(1) initial grade as a reserve officer;
            ``(2) rank in grade; and
            ``(3) service in grade for promotion eligibility.
    ``(f) The grade and position on the reserve active-status list of a 
person receiving an appointment as a reserve officer who at the time of 
appointment is credited with service under this section shall be 
determined under regulations prescribed by the Secretary of Defense 
based upon the amount of service credited.''.

SEC. 205. COMPUTATION OF YEARS OF SERVICE FOR TRANSFER OF ARMY OFFICERS 
              TO RETIRED RESERVE.

    (a) Interim Repeal of Obsolete Provision.--Effective for the period 
beginning on the date of the enactment of this Act and ending on the 
effective date specified in section 601, section 3853 is amended by 
striking out ``the greater of--'' and all that follows and inserting in 
lieu thereof ``the sum of the following:
            ``(1) The officer's years of service as a commissioned 
        officer of any component of the armed forces or of the Army 
        without specification of component.
            ``(2) The officer's years of service in a federally 
        recognized commissioned status in the National Guard if his 
        service in the National Guard was continuous from the date of 
        his Federal recognition as an officer in the National Guard to 
        the date of his appointment in the National Guard of the United 
        States.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to transfers to the Retired Reserve and to 
discharges on or after the date of the enactment of thisdAct.

SEC. 206. REPEAL OF MISCELLANEOUS OBSOLETE APPOINTMENT AUTHORITIES.

    (a) Army Reserve Officers Appointed in Temporary Grades.--Section 
3352(a) is amended by striking out the second sentence.
    (b) Air Force Aviation Cadets.--Section 8356 is repealed.
    (c) Redundant Statement of Authority.--Section 8379 is repealed.

                   Part B--Separation and Retirement

SEC. 221. COMPUTATION OF HIGHEST GRADE IN WHICH SATISFACTORILY SERVED 
              FOR RESERVE COMMISSIONED OFFICERS AND FORMER OFFICERS.

    Section 1370 is amended by adding at the end the following new 
subsection:
    ``(d)(1) Unless entitled to a higher grade, or to credit for 
satisfactory service in a higher grade, under some other provision of 
law, a person who is entitled to retired pay under chapter 1225 of this 
title shall, upon application under section 12731 of this title, be 
credited with satisfactory service in the highest grade in which that 
person served satisfactorily at any time in the armed forces, as 
determined by the Secretary concerned in accordance with this 
subsection.
    ``(2)(A) In order to be credited with satisfactory service in an 
officer grade (other than a warrant officer grade) below the grade of 
lieutenant colonel or commander, a person covered by paragraph (1) must 
have served satisfactorily in that grade (as determined by the 
Secretary of the military department concerned) as a reserve 
commissioned officer in an active status, or in a retired status on 
active duty, for not less than six months.
    ``(B) In order to be credited with satisfactory service in an 
officer grade above major or lieutenant commander and below lieutenant 
general or vice admiral, a person covered by paragraph (1) must have 
served satisfactorily in that grade (as determined by the Secretary of 
the military department concerned) as a reserve commissioned officer in 
an active status, or in a retired status on active duty, for not less 
than three years. A person covered by the preceding sentence who has 
completed at least six months of satisfactory service in grade and is 
transferred from an active status or discharged as a reserve 
commissioned officer solely due to the requirements of a 
nondiscretionary provision of law requiring that transfer or discharge 
due to the person's age or years of service may be credited with 
satisfactory service in the grade in which serving at the time of such 
transfer or discharge, notwithstanding failure of the person to 
complete three years of service in that grade.
    ``(3) A person whose length of service in the highest grade held 
does not meet the service in grade requirements specified in this 
subsection shall be credited with satisfactory service in the next 
lower grade in which that person served satisfactorily (as determined 
by the Secretary of the military department concerned) for not less 
than six months.''.

                        Part C--Other Amendments

SEC. 241. TENURE IN OFFICE OF CHIEF OF NATIONAL GUARD BUREAU.

    Section 3040(c) is amended by adding at the end the following new 
sentence: ``While holding that office, the Chief of the National Guard 
Bureau may not be removed from the reserve active-status list, or from 
an active 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.''.

SEC. 242. RIGHT TO REENLIST IN REGULAR ARMY OR REGULAR AIR FORCE AFTER 
              SERVICE AS AN OFFICER.

    (a) Army.--Section 3258 is amended--
            (1) by striking out ``Any former enlisted member'' and 
        inserting in lieu thereof ``(a) Subject to subsections (b) and 
        (c), a former enlisted member'';
            (2) by striking out the last sentence; and
            (3) by adding at the end the following:
    ``(b) A person who is a former enlisted member is not entitled to 
be reenlisted under subsection (a) if that person is discharged or 
released from active duty from service as an officer described in that 
subsection--
            ``(1) because that person's performance of duty while 
        serving as such an officer has fallen below standards 
        prescribed by the Secretary of Defense;
            ``(2) because of misconduct or moral or professional 
        dereliction; or
            ``(3) because retention of that person as an officer is not 
        clearly consistent with the interest of national security.
    ``(c) A person who is a former enlisted member is not entitled to 
be reenlisted under subsection (a) if that person's status and grade as 
an enlisted member were only held during, and solely as a result of, 
participation in a precommissioning program after the effective date of 
the Reserve Officer Personnel Management Act.''.
    (b) Air Force.--Section 8258 is amended--
            (1) by striking out ``Any former enlisted member'' and 
        inserting in lieu thereof ``(a) Subject to subsections (b) and 
        (c), a former enlisted member'';
            (2) by striking out the last sentence; and
            (3) by adding at the end the following:
    ``(b) A person who is a former enlisted member is not entitled to 
be reenlisted under subsection (a) if that person is discharged or 
released from active duty from service as an officer described in that 
subsection--
            ``(1) because that person's performance of duty while 
        serving as such an officer has fallen below standards 
        prescribed by the Secretary of Defense;
            ``(2) because of misconduct or moral or professional 
        dereliction; or
            ``(3) because retention of that person as an officer is not 
        clearly consistent with the interest of national security.
    ``(c) A person who is a former enlisted member is not entitled to 
be reenlisted under subsection (a) if that person's status and grade as 
an enlisted member were only held during, and solely as a result of, 
participation in a precommissioning program after the effective date of 
the Reserve Officer Personnel Management Act.''.

TITLE III--REORGANIZATION AND CONSOLIDATION OF LAWS RELATING TO RESERVE 
                               COMPONENTS

SEC. 301. LAWS RELATING TO ORGANIZATION AND ADMINISTRATION OF RESERVE 
              COMPONENTS.

    (a) Reserve Components Generally.--(1) Subtitle E, as added by 
section 101, is amended by inserting after the table of chapters at the 
beginning of the subtitle the following:

               ``PART I--ORGANIZATION AND ADMINISTRATION

``Chap                                                             Sec.
``1001. Definitions.........................................      10001
``1003. Reserve Components Generally........................      10101
``1005. Elements of Reserve Components......................      10141
``1007. Administration of Reserve Components................      10201
``1009. Reserve Forces Policy Boards and Committees.........      10301
``1011. National Guard Bureau...............................      10501
``1013. Budget Information and Annual Reports to Congress...      10541

                      ``CHAPTER 1001--DEFINITIONS

``Sec.
``10001. Definition of State.
``Sec. 10001. Definition of State
    ``In this subtitle, the term `State' includes the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and 
Guam.

              ``CHAPTER 1003--RESERVE COMPONENTS GENERALLY

``Sec.
``10101. Reserve components named.
``10102. Purpose of reserve components.
``10103. Basic policy for order of National Guard into Federal service.
``10104. Army Reserve: composition.
``10105. Army National Guard of the United States: composition.
``10106. Army National Guard: when a component of the Army.
``10107. Army National Guard of the United States: status when not in 
                            Federal service.
``10108. Naval Reserve: administration.
``10109. Marine Corps Reserve: administration.
``10110. Air Force Reserve: composition.
``10111. Air National Guard of the United States: composition.
``10112. Air National Guard: when a component of the Air Force.
``10113. Air National Guard of the United States: status when not in 
                            Federal service.
``10114.  Coast Guard Reserve.
``Sec. 10101. Reserve components named
    ``The reserve components of the armed forces are:
            ``(1) The Army National Guard of the United States.
            ``(2) The Army Reserve.
            ``(3) The Naval Reserve.
            ``(4) The Marine Corps Reserve.
            ``(5) The Air National Guard of the United States.
            ``(6) The Air Force Reserve.
            ``(7) The Coast Guard Reserve.
``Sec. 10102. Purpose of reserve components
    ``The purpose of each reserve component is to provide trained units 
and qualified persons available for active duty in the armed forces, in 
time of war or national emergency, and at such other times as the 
national security may require, to fill the needs of the armed forces 
whenever, during and after the period needed to procure and train 
additional units and qualified persons to achieve the planned 
mobilization, more units and persons are needed than are in the regular 
components.
``Sec. 10103. Basic policy for order of the National Guard and reserve 
              components to active duty
    ``Whenever Congress determines that more units and organizations 
are needed for the national security than are in the regular components 
of the ground and air forces, the Army National Guard of the United 
States and the Air National Guard of the United States, or such parts 
of them as are needed, together with units of other reserve components 
necessary for a balanced force, shall be ordered to active duty and 
retained as long as so needed.
``Sec. 10104. Army Reserve: composition
    ``The Army Reserve includes all Reserves of the Army who are not 
members of the Army National Guard of the United States.
``Sec. 10105. Army National Guard of the United States: composition
    ``The Army National Guard of the United States is the reserve 
component of the Army that consists of--
            ``(1) federally recognized units and organizations of the 
        Army National Guard; and
            ``(2) members of the Army National Guard who are also 
        Reserves of the Army.
``Sec. 10106. Army National Guard: when a component of the Army
    ``The Army National Guard while in the service of the United States 
is a component of the Army.
``Sec. 10107. Army National Guard of the United States: status when not 
              in Federal service
    ``When not on active duty, members of the Army National Guard of 
the United States shall be administered, armed, equipped, and trained 
in their status as members of the Army National Guard.
``Sec. 10108. Naval Reserve: administration
    ``(a) The Naval Reserve is the reserve component of the Navy. It 
shall be organized, administered, trained, and supplied under the 
direction of the Chief of Naval Operations.
    ``(b) The bureaus and offices of the executive part of the 
Department of the Navy have the same relation and responsibility to the 
Naval Reserve as they do to the Regular Navy.
``Sec. 10109. Marine Corps Reserve: administration
    ``The Marine Corps Reserve is the reserve component of the Marine 
Corps. It shall be organized, administered, trained, and supplied under 
the direction of the Commandant of the Marine Corps.
    ``(b) The departments and offices of Headquarters, Marine Corps 
have the same relation and responsibilities to the Marine Corps Reserve 
as they do to the Regular Marine Corps.
``Sec. 10110. Air Force Reserve: composition
    ``The Air Force Reserve is a reserve component of the Air Force to 
provide a reserve for active duty. It consists of the members of the 
officers' section of the Air Force Reserve and of the enlisted section 
of the Air Force Reserve. It includes all Reserves of the Air Force who 
are not members of the Air National Guard of the United States.
``Sec. 10111. Air National Guard of the United States: composition
    ``The Air National Guard of the United States is the reserve 
component of the Air Force that consists of--
            ``(1) federally recognized units and organizations of the 
        Air National Guard; and
            ``(2) members of the Air National Guard who are also 
        Reserves of the Air Force.
``Sec. 10112. Air National Guard: when a component of the Air Force
    ``The Air National Guard while in the service of the United States 
is a component of the Air Force.
``Sec. 10113. Air National Guard of the United States: status when not 
              in Federal service
    ``When not on active duty, members of the Air National Guard of the 
United States shall be administered, armed, equipped, and trained in 
their status as members of the Air National Guard.
``Sec. 10114. Coast Guard Reserve
    ``As provided in section 701 of title 14, the Coast Guard Reserve 
is a component of the Coast Guard and is organized, administered, 
trained, and supplied under the direction of the Commandant of the 
Coast Guard. Laws applicable to the Coast Guard Reserve are set forth 
in chapter 21 of title 14 (14 U.S.C. 701 et seq.).

             ``CHAPTER 1005--ELEMENTS OF RESERVE COMPONENTS

``Sec.
``10141. Ready Reserve; Standby Reserve; Retired Reserve: placement and 
                            status of members; training categories.
``10142. Ready Reserve generally.
``10143. Ready Reserve: Selected Reserve.
``10144. Ready Reserve: Individual Ready Reserve.
``10145. Ready Reserve: placement in.
``10146. Ready Reserve: transfer from.
``10147. Ready Reserve: training requirements.
``10148. Ready Reserve: failure to satisfactorily perform prescribed 
                            training.
``10149. Ready Reserve: continuous screening.
``10150. Ready Reserve: transfer back from Standby Reserve.
``10151. Standby Reserve: composition.
``10152. Standby Reserve: inactive status list.
``10153. Standby Reserve: status of members.
``10154. Retired Reserve.
``Sec. 10141. Ready Reserve; Standby Reserve; Retired Reserve: 
              placement and status of members; training categories
    ``(a) There are in each armed force a Ready Reserve, a Standby 
Reserve, and a Retired Reserve. Each Reserve shall be placed in one of 
those categories.
    ``(b) Reserves who are on the inactive status list of a reserve 
component, or who are assigned to the inactive Army National Guard or 
the inactive Air National Guard, are in an inactive status. Members in 
the Retired Reserve are in a retired status. All other Reserves are in 
an active status.
    ``(c) As prescribed by the Secretary concerned, each reserve 
component except the Army National Guard of the United States and the 
Air National Guard of the United States shall be divided into training 
categories according to the degrees of training, including the number 
and duration of drills or equivalent duties to be completed in stated 
periods. The designation of training categories shall be the same for 
all armed forces and the same within the Ready Reserve and the Standby 
Reserve.
``Sec. 10142. Ready Reserve
    ``(a) The Ready Reserve consists of units or Reserves, or both, 
liable for active duty as provided in sections 12301 and 12302 of this 
title.
    ``(b) The authorized strength of the Ready Reserve is 2,900,000.
``Sec. 10143. Ready Reserve: Selected Reserve
    ``(a) Within the Ready Reserve of each of the reserve components 
there is a Selected Reserve. The Selected Reserve consists of units, 
and, as designated by the Secretary concerned, of Reserves, trained as 
prescribed in section 10147(a)(1) of this title or section 502(a) of 
title 32, as appropriate.
    ``(b) The organization and unit structure of the Selected Reserve 
shall be approved--
            ``(1) in the case of all reserve components other than the 
        Coast Guard Reserve, by the Secretary of Defense based upon 
        recommendations from the military departments as approved by 
        the Chairman of the Joint Chiefs of Staff in accordance with 
        contingency and war plans; and
            ``(2) in the case of the Coast Guard Reserve, by the 
        Secretary of Transportation upon the recommendation of the 
        Commandant of the Coast Guard.
``Sec. 10144. Ready Reserve: Individual Ready Reserve
    ``Within the Ready Reserve of each of the reserve components there 
is an Individual Ready Reserve. The Individual Ready Reserve consists 
of those members of the Ready Reserve who are not in the Selected 
Reserve or the inactive National Guard.
``Sec. 10145. Ready Reserve: placement in
    ``(a) Each person required under law to serve in a reserve 
component shall, upon becoming a member, be placed in the Ready Reserve 
of his armed force for his prescribed term of service, unless he is 
transferred to the Standby Reserve under section 10146(a) of this 
title.
    ``(b) The units and members of the Army National Guard of the 
United States and of the Air National Guard of the United States are in 
the Ready Reserve of the Army and the Ready Reserve of the Air Force, 
respectively.
    ``(c) All Reserves assigned to units organized to serve as units 
and designated as units in the Ready Reserve are in the Ready Reserve.
    ``(d) Under such regulations as the Secretary concerned may 
prescribe, any qualified member of a reserve component or any qualified 
retired enlisted member of a regular component may, upon his request, 
be placed in the Ready Reserve. However, a member of the Retired 
Reserve entitled to retired pay or a retired enlisted member of a 
regular component may not be placed in the Ready Reserve unless the 
Secretary concerned makes a special finding that the member's services 
in the Ready Reserve are indispensable. The Secretary concerned may not 
delegate his authority under the preceding sentence.
``Sec. 10146. Ready Reserve: transfer from
    ``(a) Subject to subsection (c) and under regulations prescribed by 
the Secretary of Defense, or by the Secretary of Transportation with 
respect to the Coast Guard when it is not operating as a service in the 
Navy, a member in the Ready Reserve may be transferred to the Standby 
Reserve.
    ``(b) A Reserve who is qualified and so requests may be transferred 
to the Retired Reserve under regulations prescribed by the Secretary 
concerned and, in the case of the Secretary of a military department, 
approved by the Secretary of Defense.
    ``(c) A member of the Army National Guard of the United States or 
the Air National Guard of the United States may be transferred to the 
Standby Reserve only with the consent of the governor or other 
appropriate authority of the State.
``Sec. 10147. Ready Reserve: training requirements
    ``(a) Except as specifically provided in regulations to be 
prescribed by the Secretary of Defense, or by the Secretary of 
Transportation with respect to the Coast Guard when it is not operating 
as a service in the Navy, each person who is enlisted, inducted, or 
appointed in an armed force, and who becomes a member of the Ready 
Reserve under any provision of law except section 513 or 10145(b) of 
this title, shall be required, while in the Ready Reserve, to--
            ``(1) participate in at least 48 scheduled drills or 
        training periods during each year and serve on active duty for 
        training of not less than 14 days (exclusive of traveltime) 
        during each year; or
            ``(2) serve on active duty for training not more than 30 
        days during each year.
    ``(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.
``Sec. 10148. Ready Reserve: failure to satisfactorily perform 
              prescribed training
    ``(a) A member of the Ready Reserve covered by section 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 regulations prescribed by the Secretary of Defense, may 
be ordered 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 concerned, may, upon the 
request of the Governor of the State (or, in the case of the District 
of Columbia, the commanding general of the District of Columbia 
National Guard) be ordered, without his consent, to perform additional 
active duty for training for not more than 45 days. A member 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.
``Sec. 10149. Ready Reserve: continuous screening
    ``(a) Under regulations to be prescribed by the President, 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, members 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 community hardship are not 
        retained in the Ready Reserve.
    ``(b) 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 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 therefor, 
        transferred to the Retired Reserve.
``Sec. 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 Reserve when the 
reason for his transfer to the Standby Reserve no longer exists.
``Sec. 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.
``Sec. 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.
``Sec. 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.
``Sec. 10154. Retired Reserve
    ``The Retired Reserve consists of the following Reserves:
            ``(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.
``Sec. 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.
``Sec. 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 provisions of law relating to the reserve components under 
the Secretary's jurisdiction.
    ``(b) The Secretary of Transportation, with the concurrence 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.
``Sec. 10203. Reserve affairs: designation of general or flag officer 
              of each armed force
    ``(a) The Secretary of the Army may designate a general 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 officer of the Marine Corps to be 
directly responsible for reserve affairs to the Commandant of the 
Marine Corps.
    ``(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.
``Sec. 10204. Personnel records
    ``(a) The Secretary concerned shall maintain adequate 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 Secretary of 
Defense, the Secretary of each military department shall maintain a 
record of the number of members of each class of each reserve component 
who, during each fiscal year, have participated satisfactorily in 
active duty for training and inactive duty training with pay.
``Sec. 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 member's armed force.
    ``(b) This section shall be administered under regulations 
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.
``Sec. 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 concerned considers 
        necessary; and
            ``(2) execute and submit annually to the Secretary 
        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 annually to the Secretary 
concerned a certificate of physical condition.
    ``(b) The kind of duty to which a Reserve ordered to active duty 
may be assigned shall be considered in determining physical 
qualifications for active duty.
``Sec. 10207. Mobilization forces: maintenance
    ``(a) Whenever units or members of the reserve components are 
ordered to active duty (other than for training) 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 reserve component, and members not 
assigned to units organized to serve as units, to active duty for a 
limited expansion of the active armed forces.
``Sec. 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 and should include the 
participation of associated active component and reserve component 
units.
    ``(b) The Secretary shall maintain a plan to test periodically 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 mobilized as part of the exercise, with the objective of 
permitting an evaluation of the adequacy of resource allocation and 
planning.
``Sec. 10209. Regular and reserve components: discrimination 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.
``Sec. 10210. Dissemination of information
    ``The Secretary of Defense shall require the complete and current 
dissemination, to all Reserves and to the public, of information of 
interest to the reserve components.
``Sec. 10211. Policies and regulations: participation of Reserve 
              officers in preparation and administration
    ``Within such numbers and in such grades and assignments as the 
Secretary concerned may prescribe, each armed force shall have officers 
of its reserve components on active duty (other than for training) at 
the seat of government, and at headquarters responsible for reserve 
affairs, to participate in preparing and administering the policies and 
regulations affecting those reserve components. While so serving, such 
an officer is an additional number of any staff with which he is 
serving.
``Sec. 10212. Reserve components: dual membership prohibited
    ``Except as otherwise provided in this title, no person may be a 
member of more than one reserve component at the same time.
``Sec. 10213. Adjutants general and assistant adjutants general: 
              reference to other officers of National 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 general, normally performs the duties 
of that office, the references in sections 12004(b)(1), 12215, 
12642(c), 14507(b), 14508(e), and 14512 of this title to the adjutant 
general or the assistant adjutant general shall be applied to that 
officer instead of to the adjutant general or assistant adjutant 
general.
``Sec. 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 training 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 training 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 training 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 training 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--
            ``(1) may enlist, reenlist, or extend the enlistments of 
        persons as Reserves of the Army or Reserves of the Air Force 
        for service in the Army National Guard of the United States or 
        the Air National 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 regulations 
prescribed by the Secretary of the Army, with respect to matters 
concerning the Army, and by the Secretary of the Air Force, with 
respect to matters concerning 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.
``Sec. 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 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 appointed in an armed force 
after August 9, 1955.
    (B) Section 10148(b), as added by paragraph (1), applies 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 subtitle 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.
``Sec. 10301. Reserve Forces Policy Board
    ``(a) There is in the Office of the Secretary of Defense a Reserve 
Forces Policy Board. The Board consists of the following:
            ``(1) A civilian chairman appointed by the Secretary of 
        Defense.
            ``(2) The Assistant Secretary of the Army for Manpower and 
        Reserve Affairs, the Assistant Secretary of the Navy for 
        Manpower and Reserve Affairs, 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 designated 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 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.
    ``(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.
``Sec. 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.
``Sec. 10304. Marine Corps Reserve Policy Board
    ``A Marine Corps 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 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.
    (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, membership, and organization of 
that board are set forth in section 10301 of this title.''.
    (4)(A) Chapter 303 (as amended by paragraph (2)(A)) is amended by 
adding at the end the following:
``Sec. 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:
``Sec. 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 committee are set forth in section 10305 of this 
title.''.
    (c) National Guard Bureau.--(1) Part I of subtitle E, as added by 
subsection (a), is amended by adding 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.
``Sec. 10501. National Guard Bureau: organization; function
    ``There is a National Guard Bureau, which is a joint bureau of the 
Department of the Army and the Department of the Air Force. The 
National Guard Bureau is the channel of communication between the 
departments concerned 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.
``Sec. 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 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 commissioned service in 
        the active National Guard; and
            ``(3) are in a grade above lieutenant colonel.
``Sec. 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 removed 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 appointed 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 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 Bureau is unable, 
because of disability, to perform the functions 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.
``Sec. 10504. National Guard Bureau: assignment of officers 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 subsection (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.''.
    (2) Section 115b is transferred to chapter 1013, as added by 
paragraph (1), inserted after the table of sections, and redesignated 
as section 10541.
    (3) The heading of that section is amended to read as follows:
``Sec. 10541. National Guard and reserve component equipment: annual 
              report to Congress''.

SEC. 302. LAWS RELATING TO RESERVE COMPONENT PERSONNEL POLICY.

    (a) Strength and Distribution in Grade.--(1) Subtitle E, as added 
by section 101, is amended by inserting 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           12501
                            Duties.
``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, 
                            exclusive of members on active duty.
``12003. Authorized strengths: commissioned officers active status.
``12004. Strength in grade: reserve general and flag officers in an 
                            active status.
``12005. Strength in grade: commissioned officers in grades below 
                            brigadier general 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 reserves or the 
                            National Guard.
``Sec. 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 reserve component (other 
than the Coast Guard Reserve) in members in each grade is that which 
the Secretary concerned determines to be necessary to provide for 
mobilization requirements. The Secretary shall review these 
determinations 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 determination, be reduced in the member's 
reserve grade without the member's consent.
``Sec. 12002. Authorized strengths: Army and Air Force reserve 
              components, exclusive of members 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     600,0005
the United States.
      ``Army Reserve.......................................    980,0005
      ``Air National Guard and the Air National Guard of       150,0005
the United States.
      ``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 section for the Air National Guard and the 
Air National Guard of the United States, shall be allocated among the 
States.
``Sec. 12003. Authorized strengths: commissioned officers 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...............................................    275,0005
      ``Air Force..........................................    200,0005
      ``Navy...............................................    150,0005
      ``Marine Corps.......................................     24,500.
    ``(b) The authorized strengths prescribed by subsection (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 operation of a 
        nondiscretionary provision of law.
``Sec. 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...............................................        2075
      ``Air Force..........................................        1575
      ``Navy...............................................         485
      ``Marine Corps.......................................         10.
    ``(b) The following Army and Air Force reserve officers shall not 
be counted for purposes of this section:
            ``(1) Those serving as adjutants general or assistant 
        adjutants general of a State.
            ``(2) Those serving in the National Guard Bureau.
            ``(3) Those counted under section 526 of this title.
    ``(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 subsection (a), 39 are distributed among 
the line and the staff corps as follows:

      ``Line...................................................     285
      ``Medical Corps..........................................      55
      ``Chaplain Corps.........................................      15
      ``Judge Advocate General's Corps.........................      15
      ``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.
    ``(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.
``Sec. 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 commissioned 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 appointment in 
any lower grade.
    ``(2) A strength prescribed by the Secretary concerned 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:

      

------------------------------------------------------------------------
                                                            Air Force   
                  Grade               Army percentage      percentage   
------------------------------------------------------------------------
      Colonel.......................          2               1.8      
      Lieutenant colonel............          6               4.6      
      Major.........................         13               14.0      
      Captain.......................         35               32.0      
      First lieutenant and second                             47.6      
       lieutenant (when combined                                        
       with the number authorized                                       
       for general officer grades                                       
       under section 12004 of this                                      
       title).......................         44                         
------------------------------------------------------------------------

    ``(b)(1) The authorized strengths of the Naval Reserve in line 
officers in an active status in the grades of captain, commander, 
lieutenant commander, and lieutenant, 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 percent5
``Commander..........................................       7 4percent5
``Lieutenant commander...............................      22 4percent5
``Lieutenant.........................................      37 4percent5
``Lieutenant (junior grade) and ensign (when combined     32.5 percent.
with the number authorized for flag officer grades 
under section 12004 of this title).
    ``(2) When the actual number of line 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 paragraph 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 number of those officers:

``Colonel............................................       2 4percent5
``Lieutenant colonel.................................       6 4percent5
``Major..............................................      12 4percent5
``Captain............................................      35 4percent5
``First lieutenant and second lieutenant (when            32.5 percent.
combined with the number authorized for general 
officer grades under section 12004 of this title).
    ``(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 paragraph 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.
``Sec. 12006. Strength limitations: authority to waive in time of war 
              or national emergency
    ``(a) In time of war, or of national emergency declared 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.
    ``(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 preceding 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.
``Sec. 12007. Reserve officers of the Army: distribution
    ``The Secretary of the Army shall distribute the number of reserve 
commissioned officers, other than commissioned 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 assigned to reserve 
units organized to serve as units among the units of each reserve 
component by prescribing appropriate tables of organization and tables 
of distribution. The Secretary shall distribute the number who are not 
assigned to such units between--
            ``(1) each special branch; and
            ``(2) all other branches taken together.
``Sec. 12008. Army Reserve and Air Force Reserve: warrant officers
    ``The Secretary of the Army may prescribe the authorized strength 
of the Army Reserve in warrant officers. The Secretary of the Air Force 
may prescribe the authorized strength of the Air Force Reserve in 
warrant officers.
``Sec. 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 component under the jurisdiction of 
the Secretary of the Army or the Secretary of the Air Force is 
automatically increased 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 appointments, not under those sections, may be 
made in that grade.
``Sec. 12010. Computations for Naval Reserve and Marine 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.
``Sec. 12012. Authorized strengths: senior enlisted members on active 
              duty or on full-time National 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 training) as of the end of any fiscal year in 
connection with organizing, administering, recruiting, instructing, or 
training the reserve components or the National Guard may not exceed 
the number for that grade and armed force in the following table:

      

------------------------------------------------------------------------
                                                       Air      Marine  
            ``Grade            Army        Navy      Force       Corps  
------------------------------------------------------------------------
      E-9.................  569       202         279           14    
      E-8.................  2,585       429         800           74    
------------------------------------------------------------------------

    ``(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 applied to increase the number authorized under such subsection 
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:
``Sec. 12011. Authorized strengths: reserve officers on active 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 subsection (b) and 
        in that subsection striking out ``or whenever'' and all that 
        follows through ``under subsection (b),''.
    (b) Enlistments.--(1) Part II of subtitle E, as added by subsection 
(a), is amended by adding after chapter 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 
                            components.
``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.
``Sec. 12101. Definition
    ``In this chapter, the term `enlistment' means original enlistment 
or reenlistment.
``Sec. 12105. Army Reserve and Air Force Reserve: transfer from Guard 
              components
    ``(a) Under such regulations as the Secretary concerned 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 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 authority of the State 
concerned.
``Sec. 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 Reserve 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.
``Sec. 12107. Army National Guard of United States; Air National Guard 
              of the United States: enlistment 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 
extended, 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 Secretary of the 
Air Force, a person who enlists in the Air National Guard, or whose 
term of enlistment in the Air 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 redesignated 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.
    (c) Appointment of Officers.--(1) Part II of subtitle 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 United States.
``12215. Commissioned officers: reserve grade of adjutants general and 
                            assistant adjutants general.  
``Sec. 12215. Commissioned officers: reserve grade of adjutants 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 reserve 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 appointed in the reserve 
commissioned grade in which Federal 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 
sections, and redesignated as follows:

Section
  
                                                           Redesignated
                                                                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 amended by section 
206(a)), and 8352 are transferred (in that order) to chapter 1205, as 
added by paragraph (1), inserted after section 12208, and redesignated 
as follows:

Section
  
                                                           Redesignated
                                                                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 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 retirement 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:

Section
  
                                                           Redesignated
                                                                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.
``Sec. 591. Reference to chapters 1205 and 1207
    ``Provisions of law relating to appointments of reserve officers 
other than warrant officers are set forth in chapter 1205 of this title 
(beginning with section 12201). Provisions of law relating to 
appointments and promotion of reserve warrant officers are set forth in 
chapter 1207 (beginning with section 12241).''.
    (e) Active Duty.--(1) Part II of subtitle E, as added by subsection 
(a), is further amended by adding after chapter 1207 (as added by 
subsection (d)) the following:

                      ``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 national 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:

Section
  
                                                           Redesignated
                                                                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      
        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:
``Sec. 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 Service.--(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; 
                            maintenance 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.
``Sec. 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.
``Sec. 12402. Army and Air National Guard of United States: 
              commissioned officers; duty in National 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 general 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 Bureau in any 
grade below brigadier general.
    ``(2) The number of officers of the Air National Guard of the 
United States in grades below brigadier general 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 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.
``Sec. 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 ordered to duty as Reserves of the Air Force.
``Sec. 12404. Army and Air National Guard of United States: 
              mobilization; maintenance of organization
    ``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.
``Sec. 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 respond to the call, subject to 
the laws and regulations governing the Army or the Air Force, as the 
case may be, except those applicable only to members of the Regular 
Army or Regular Air Force, as the case may be.
``Sec. 12406. National Guard in Federal service: call
    ``Whenever--
            ``(1) the United States, or any of the Territories, 
        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 purposes 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.
``Sec. 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 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.
``Sec. 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.
    (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 
                            components to assist.
``12502. Chief and assistant chief of staff of National Guard divisions 
                            and wings in Federal service: detail.
``Sec. 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 jurisdiction as are necessary to 
effectively develop, train, instruct, and administer those reserve 
components.
``Sec. 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 reserve 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 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 National 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 National Guard.
``Sec. 12601. Compensation: Reserve on active duty accepting 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.
``Sec. 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--
            ``(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 
        military 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 National Guard, in accordance with 
        regulations prescribed 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 the Air National Guard for which he 
        is entitled to pay from the United States shall be considered 
        military 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 United 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 provision of law, shall be considered inactive-duty 
        training 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.
``12643. Boards for appointment, promotion, and certain other purposes: 
                            composition.
``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 Selective 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 transferred (in that order) to 
chapter 1219, as added by paragraph (1), inserted after the table of 
sections, and redesignated as follows:

Section
  
                                                           Redesignated
                                                                section
        1001.........................................       12641      
        1002.........................................       12642      
        9266.........................................       12643      
        1004.........................................       12644      
        1005.........................................       12645      
        1006.........................................       12646      
        1007.........................................       12647      
    (3) Section 1003 is repealed.
    (4)(A) The heading of section 12641 (as so redesignated) is amended 
to read as follows:
``Sec. 12641. Standards and procedures: Secretary to prescribe''.
    (B) The heading of section 12644 (as so redesignated) is amended to 
read as follows:
``Sec. 12644. Members physically not qualified for active duty: 
              discharge or transfer to retired status''.
    (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.
``Sec. 1001. Reference to chapter 1219
    ``Provisions of law relating to standards and procedures for 
retention and promotion of members of reserve components are set forth 
in chapter 1219 of this title (beginning 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 imprisonment.
``12685. Reserves separated for cause: character of discharge.
``12686. Reserves on active duty within two years of retirement 
                            eligibility: limitation on release from 
                            active duty.
``Sec. 12681. Reserves: discharge authority
    ``Subject to other provisions of this title, reserve commissioned 
officers may be discharged at the pleasure of the President. Other 
Reserves may be discharged under regulations prescribed by the 
Secretary concerned.
``Sec. 12682. Reserves: discharge upon becoming ordained 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 discharge from his reserve enlistment or 
appointment.
``Sec. 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 designated 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.
``Sec. 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 Federal 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.
``Sec. 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 entitled 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 designated 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.
``Sec. 12686. Reserves on active duty within two years of retirement 
              eligibility: limitation on release 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 becoming eligible for retired pay or retainer pay under a 
purely military retirement system, may not be involuntarily released 
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.
``Sec. 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 qualifying 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 retainer 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 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 November 11, 1918.
            ``(B) The term `World War II' means the period beginning on 
        September 9, 1940, and ending on December 31, 1946.
            ``(C) The term ``Korean conflict' means the period 
        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 person who has 
completed the years of service required for 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 
notice 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 Supplemental Survivor Benefit Plan 
established under subchapter 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.
``Sec. 12731a. Temporary special retirement qualification 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 Reserve 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 notification 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), transfer the member to the 
        Retired Reserve.
    ``(b) Period of Authority.--The period referred to in subsection 
(a)(1) is the period beginning on October 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 
jurisdiction of the Secretary to reduce the number of members in 
certain grades, the number of members who have completed a certain 
number of years of service, or the number of members who possess 
certain military skills or are serving in designated competitive 
categories.
    ``(2) A limitation under paragraph (1) shall be consistent 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.
``Sec. 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 retired 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 Guard, or his Federal 
                recognition as an officer therein, to the date of his 
                enlistment or appointment, 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 Department of 
                the Army as a civilian employee--
                            ``(i) in the dietetic or physical therapy 
                        categories, if the service was performed after 
                        April 6, 1917, and before April 1, 1943; or
                            ``(ii) in the occupational therapy 
                        category, 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 appointment 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 instruction at 
                        a school designated as a service school by law 
                        or by the Secretary concerned;
                if that service conformed to required standards and 
                qualifications.
                    ``(B) One point for each attendance at a drill or 
                period of equivalent instruction that was prescribed 
                for that year by the Secretary concerned and conformed 
                to the requirements prescribed by law, including 
                attendance under section 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 component.
        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 concerned 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.
            ``(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 Administration (including 
        active commissioned service in the Environmental Science 
        Services Administration 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 inactive 
        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 status 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 February 2, 1901 (ch. 
        192, 31 Stat. 753), as amended, and service before July 1, 
        1938, as an inactive Reserve 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).
``Sec. 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 person under 
        clause (B) or (C) of section 12732(a)(2) of this title, but not 
        more than 60 days in any one year.
            ``(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 component 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.
``Sec. 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 prescribed under section 12641 
of this title may not be credited in a computation of years of service 
under this chapter.
``Sec. 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 inactive status list as may be established for 
members of his armed force, other than members of a regular component.
    ``(b) While on an inactive status list under subsection (a), a 
member is not required to participate in any training 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).
``Sec. 12736. Service credited for retired pay benefits not excluded 
              for other benefits
    ``No period of service included wholly or partly in determining 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.
``Sec. 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.
``Sec. 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 chapter, the person's eligibility for retired 
pay may not be denied or revoked on the basis of any error, 
miscalculation, 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 administrative 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.
``Sec. 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) 2\1/2\ 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.
    ``(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 formula 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'', respectively.
    (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 section 
                1331 (including the matter relating to that entry in 
                the column under the heading ``The retired pay base 
                is:''); and
                    (ii) by redesignating the references to footnotes 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 purposes 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)--
                    (i) by striking out ``Chapter 67'' in the heading 
                and inserting in lieu thereof ``Chapter 1223''; and
                    (ii) by striking out ``section 1331'' and inserting 
                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.
``Sec. 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 following:

                     ``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.
``12773. Limitation on accrual of increased pay or benefits.
``12774. Retired lists.
``Sec. 12771. Reserve officers: grade on transfer to Retired Reserve
    ``Unless entitled to a higher grade under another provision 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.
``Sec. 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 provision of law, 
a reserve commissioned officer who is transferred 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.
``Sec. 12773. Limitation on accrual of increased pay or benefits
    ``Unless otherwise provided by law, no person is entitled to 
increased pay or other benefits because of sections 12771 and 12772 of 
this title.
``Sec. 12774.  Retired lists
    ``(a) Under regulations prescribed by the Secretary concerned, 
there shall be maintained retired lists containing 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:
``Sec. 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 COMPONENTS AND EDUCATIONAL ASSISTANCE 
                                PROGRAMS

``Chap.                                                            Sec.
``1601. Training Generally...........................       [No present
  
                                                              sections]
``1606. Educational Assistance for Members of the Selected        16131
                            Reserve.
``1608. Health Professions Stipend Program..................      16201
``1609. Education Loan Repayments...........................      16301

                   ``CHAPTER 1601--TRAINING GENERALLY

                       ``[No present sections]''.

    (b) Montgomery GI Bill for Selected Reserve.--(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.''.
    (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:

Section
  
                                                           Redesignated
                                                                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 inserting in lieu 
        thereof ``section 12301(a), 12301(d), 12301(g), 12302, or 
        12304''; and
            (B) in subsection (g)(1), by striking out ``section 
        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 ``section 16134 and 
        16135''.
    (5) Section 16133 (as so redesignated) is amended--
            (A) in subsection (b)(1)(B), by striking out ``section 
        268(b)'' and inserting in lieu thereof ``section 10143(a)''; 
        and
            (B) in subsection (b)(4)(A), by striking out ``section 672 
        (a), (d), or (g), 673, or 673b'' and inserting 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 subsection 
        (a)(1)(A) and inserting in lieu thereof ``section 16132''; and
            (B) by striking out ``section 2132(a)'' in subsection 
        (b)(1)(A) and inserting in lieu thereof ``section 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.
``Sec. 2131. Reference to chapter 1606
    ``Provisions of law relating to educational assistance for members 
of the Selected Reserve under the Montgomery 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 amended by adding after chapter 1606 
(as added by subsection (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.
``Sec. 16204. Regulations
    ``This chapter shall be administered under regulations prescribed 
by the Secretary of Defense.''.
    (2) Section 2128 is transferred to chapter 1608, as added by 
paragraph (1), inserted after the table of sections, 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 redesignated 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)), redesignated as section 16203, and 
amended by striking out subsection (c).
    (B) The heading of that section is amended to read as follows:
``Sec. 16203. Penalties and limitations''.
    (5) Section 16201, as so redesignated, is amended by striking out 
``subchapter'' each place it appears and inserting in lieu thereof 
``chapter''.
    (6) Section 16202, as so redesignated, is amended by striking out 
``section 2128'' both places it appears and inserting in lieu thereof 
``section 16201''.
    (7) Chapter 105 is amended--
            (A) in the table of subchapters before subchapter I--
                    (i) by striking out the item relating to subchapter 
                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 subchapter 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 subsection (c) the following:

           ``CHAPTER 1609--EDUCATION LOAN REPAYMENT PROGRAMS

``Sec.
``16301. Education loan repayment program: enlisted members of Selected 
                            Reserve with critical specialties.
``16302. Education loan repayment program: health professions officers 
                            serving in Selected Reserve with wartime 
                            critical medical skill shortages.
``Sec. 16301. Education loan repayment program: enlisted 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 performed as an enlisted member of 
the Selected Reserve of the Ready Reserve of an armed force in a 
reserve component and military specialty specified by the Secretary of 
Defense. The Secretary may repay such a loan only if the 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, whichever 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 authorize 
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 section) during a year shall be eligible to have repaid 
a portion of such loan determined by giving appropriate fractional 
credit for each portion of the year so served, in accordance with 
regulations of the Secretary concerned.
    ``(f) The Secretary of Defense shall, by regulation, prescribe a 
schedule for the allocation of funds made available 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 repayment under subsection (a) and section 2171(a) of this 
title.''.
    (2)(A) Section 2172 is transferred to the end of chapter 1609, as 
added by paragraph (1), and redesignated as section 16302.
    (B) The heading of such section is amended to read as follows:
``Sec. 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:
    ``(b) The portion or amount of a loan that may be repaid under 
subsection (a) is 33\1/3\ 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 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 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:
``Sec. 2171. Education loan repayment program: enlisted members on 
              active duty in specified military specialties''.

SEC. 304. LAWS RELATING TO RESERVE COMPONENT PROCUREMENT 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            [No present
Components.
  
                                                              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:

Section
  
                                                           Redesignated
                                                                section
        2231.........................................      182318      
        2232.........................................      182328      
        2233.........................................      182338      
        2233a........................................      18233a      
        2234.........................................      182348      
        2235.........................................      182358      
        2236.........................................      182368      
        2237.........................................      182378      
        2238.........................................      182388      
        2239.........................................      182398      
    (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 subsection (a)(1) and inserting 
in lieu thereof ``section 18233''.
    (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 ``section 
                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 paragraph (1) and 
                inserting in lieu thereof ``paragraph (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 thereof 
        ``paragraph (2), (3), or (4) of section 18233(a)''; and
            (B) in subsection (b), by striking out ``section 
        2233(a)(2), (3) or (4)'' and inserting in lieu thereof 
        ``paragraph (2), (3), or (4) of section 18233(a)''.
    (10) Section 18239 (as redesignated by paragraph (2)) is amended by 
striking out ``section 2233'' both places it appears and inserting in 
lieu thereof ``section 18233''.
    (11) Part IV of subtitle A is amended by inserting after chapter 
131 the following:

            ``CHAPTER 133--FACILITIES FOR RESERVE COMPONENTS

``Sec.
``2231. Reference to chapter 1803.
``Sec. 2231. Reference to chapter 1803
    ``Provisions of law relating to facilities for reserve components 
are set forth in chapter 1803 of this title (beginning with section 
18231).''.
    (c) Miscellaneous Provisions.--(1) Part V of subtitle E, as added 
by subsection (a), is amended by adding after chapter 1803, as 
transferred by subsection (b), the following:

                ``CHAPTER 1805--MISCELLANEOUS PROVISIONS

``Sec.
``18501. Reserve components: personnel and logistic support by military 
                            departments.
``18502. Reserve components: supplies, services, and facilities.
``Sec. 18501. Reserve components: personnel and logistic support by 
              military departments
    ``The Secretary concerned is responsible for providing the 
personnel, equipment, facilities, and other general logistic support 
necessary to enable units and Reserves in the Ready Reserve of the 
reserve components under his jurisdiction to satisfy the training 
requirements and mobilization readiness requirements for those units 
and Reserves 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.
``Sec. 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 jurisdiction 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 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 appropriations 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, United 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 referring to 
that provision as transferred or to the corresponding provision as so 
enacted by this title.
    (b) Savings Provision for Regulations.--A regulation, 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 
corresponding provision so enacted.

              TITLE IV--TECHNICAL AND CLERICAL AMENDMENTS

SEC. 401. AMENDMENTS TO SUBTITLE A OF TITLE 10, UNITED 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 relating to section 115b.
            (2) The table of sections at the beginning of chapter 3 is 
        amended by striking out the item relating to section 123 and 
        inserting in lieu thereof the following:

``123. Authority to suspend officer personnel laws during war or 
                            national emergency.''.
            (3) The table of sections at the beginning of chapter 31 is 
        amended by striking out the items relating 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 relating 
                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 relating 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
                    (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 relating to section 715.
            (9) The table of sections at the beginning of chapter 53 is 
        amended by striking out the item relating to section 1033.
            (10) The table of sections at the beginning of chapter 59 
        is amended by striking out the items relating 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 relating to section 2001.
            (13) The table of sections at the beginning of chapter 109 
        is amended by striking out the items relating 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 ``chapters 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
                    (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 inserting 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 inserting in lieu 
        thereof ``under 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)'':
            (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 inserting 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, UNITED 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 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 relating to section 3040.
            (2) The table of sections at the beginning of chapter 307 
        is amended by striking out the items relating to section 3076 
        through 3080.
            (3) The table of sections at the beginning of chapter 331 
        is amended by striking out the items relating 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 relating to sections 3259, 
        3260, and 3261.
            (5) The table of sections at the beginning of chapter 341 
        is amended by striking out the items relating to sections 3495 
        through 3502.
            (6) The table of sections at the beginning of chapter 343 
        is amended by striking out the items relating to sections 3541 
        and 3542.
            (7) The table of sections at the beginning of chapter 353 
        is amended by striking out the item relating to section 3686.
    (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 striking 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 effective date of the Reserve 
        Officer Personnel Management Act)''.

SEC. 403. AMENDMENTS TO SUBTITLE C OF TITLE 10, UNITED STATES CODE.

    (a) Tables of Chapters.--
            (1) The table of chapters at the beginning of subtitle C is 
        amended by striking out the items relating 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.
    (b) Tables of Sections.--
            (1) The table of sections at the beginning of chapter 533 
        is amended by striking out the items relating to sections 5456, 
        5457, and 5458.
            (2) The table of sections at the beginning of chapter 539 
        is amended by striking out the item relating to section 5600.
            (3) The table of sections at the beginning of chapter 555 
        is amended by striking out the items relating to sections 6017 
        and 6034.
            (4) The table of sections at the beginning of chapter 573 
        is amended by striking out the items relating 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 striking 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 effective date of the Reserve 
        Officer Personnel Management Act)''.
    (d) Repeal of Section Redundant with Section 741.--
            (1) Section 5506 is repealed.
            (2) The table of sections at the beginning of chapter 535 
        is amended by striking out the item relating to section 5506.

SEC. 404. AMENDMENTS TO SUBTITLE D OF TITLE 10, UNITED 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 relating to sections 8076 
        through 8080.
            (2) The table of sections at the beginning of chapter 831 
        is amended by striking out the items relating 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 relating to sections 8259, 
        8260, and 8261.
            (4) The table of sections at the beginning of chapter 841 
        is amended by striking out the items relating to sections 8495 
        through 8502.
            (5) The table of sections at the beginning of chapter 843 
        is amended by striking out the items relating to sections 8541 
        and 8542.
            (6) The table of sections at the beginning of chapter 853 
        is amended by striking out the item relating to section 8686.
            (7) The table of sections at the beginning of chapter 861 
        is amended by striking out the items relating 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 striking 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 effective date of the Reserve 
        Officer Personnel Management Act)''.

SEC. 405. AMENDMENTS TO SUBTITLE E OF TITLE 10, UNITED 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 12212 and 12213 are amended by striking out 
        ``or Territory, Puerto Rico, or the District 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 period 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
                    (B) in subsection (d), by striking out ``or 
                Territory, Puerto Rico, or the District of Columbia, 
                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.
            (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 inserting 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 subsection 
                (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''.
    (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 subsection 
                (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 inserting in 
                lieu thereof the following:
    ``(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 otherwise 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 section 3911, 6323, 
or 8911 of this title may, in the discretion 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 officer is 
        retained the officer will be qualified for retirement 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 active 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.''.
            (4) Section 12647 is amended by striking out ``chapters 
        337, 363, 573, 837, and 863'' and inserting 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 inserting 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 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 subparagraph 
                (B) and inserting in lieu thereof ``chapter 1209''.
            (3) Section 905 is amended--
                    (A) by striking out ``chapter 549'' in subsection 
                (a) and inserting in lieu thereof ``chapter 1405''; and
                    (B) by striking out ``section 5908'' in subsection 
                (b) and inserting in lieu thereof ``section 14308(b)''.

SEC. 407. AMENDMENTS TO OTHER LAWS.

    (a) Title 5, United States Code.--Title 5, United 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--
                    (A) in paragraph (1), by striking out ``section 261 
                of title 10'' and inserting in lieu thereof ``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 before the effective date of the Reserve 
        Officer Personnel 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 thereof ``section 12311 of 
        title 10''.
            (2) Section 271(e) is amended by striking out ``section 593 
        of title 10'' and inserting in lieu thereof ``section 12203 of 
        title 10''.
            (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 ``section 
                268(b) of title 10'' and inserting in lieu thereof 
                ``section 10143(a) of title 10''; and
                    (B) in paragraph (6), by striking out ``section 
                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 Public Law 99-661 (10 
U.S.C. 521 note) is amended--
            (1) in subparagraph (B), by striking out ``section 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 ``section 672(d)'' 
        and inserting in lieu thereof ``section 12301(d)''; and
            (3) in subparagraph (E), by striking out ``section 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 thereof ``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
            (3) in subsection (d)(1), by striking out ``section 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-STATUS 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 nominated by the President for 
        appointment in the reserve grade of colonel,
shall continue to be subject to mandatory transfer to the Retired 
Reserve or discharge from the officer's reserve appointment 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--
            (1) sooner transferred from an active status or discharged 
        under some other provision of law;
            (2) promoted to a higher grade, unless the officer was on a 
        list of officers recommended for promotion 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 promotion 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 
recommended 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.
    (b) Promotions Other Than To Fill Vacancies.--A reserve officer of 
the Army or Air Force who, on the day before the effective date of this 
Act, is recommended 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 officer is serving shall be considered to have 
been recommended 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 
qualified for promotion to the grade of first lieutenant in accordance 
with section 3365, 3382, or 8365 of title 10, United States Code, as in 
effect on the day before the effective 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 Force under section 14308(b) of title 
10, United States Code, as added by this Act.
    (d) Officers Once Failed of Selection.--(1) A reserve officer of 
the Army in the grade of first lieutenant, captain, or major who, on 
the day before the effective date of this Act, has been considered once 
but not recommended for promotion to the next higher reserve grade 
under section 3366 or 3367 of title 10, United States Code, or a 
reserve officer of the Air Force in the grade of first lieutenant, 
captain, or major who, on the day before the effective date of this 
Act, is a deferred officer within the meaning of section 8368 of such 
title, shall be considered to have been considered once but not 
selected for promotion by a board convened under section 14101(a)(1) of 
title 10, United States Code, as added by this Act. If the officer is 
later considered for promotion by a selection board convened under that 
section and is not selected for promotion (or is selected for promotion 
but declines to accept the promotion), the officer shall be considered 
for all purposes to have twice failed of selection for promotion.
    (2) In the case of a reserve officer of the Army or Air Force in an 
active status who, on the day before the effective date of this Act, is 
in the grade of first lieutenant, captain, or major and whose name has 
been removed, under the provisions of section 3363(f) of title 10, 
United States Code, from a list of officers recommended for promotion 
or who has previously not been promoted because the President declined 
to appoint the officer in the next higher grade under section 8377 of 
such title as in effect on the day before the effective date of the 
Act, or whose name was removed from a list of officers recommended for 
promotion to the next higher grade because the Senate did not consent 
to the officer's appointment, if the officer is later considered for 
promotion by a selection board convened by section 14101(a)(1) of title 
10, United States Code, as added by this Act, and (A) is not selected 
for promotion, (B) is selected for promotion but removed from the list 
of officers recommended or approved for promotion, or (C) is selected 
for promotion but declines to accept the promotion, the officer shall 
be considered for all purposes to have twice failed of selection for 
promotion.
    (e) Officers Twice Failed of Selection.--A reserve officer of the 
Army or Air Force in an active status who, on the day before the 
effective date of this Act, is in the grade of first lieutenant, 
captain, or major and on that date is subject to be treated as 
prescribed in section 3846 or 8846 of title 10, United States Code, 
shall continue to be governed by that section as in effect on the day 
before the effective date of this Act.
    (f) Officers With Approved Promotion Declinations in Effect.--A 
reserve officer of the Army who, on the day before the effective date 
of this Act, has declined a promotion under subsection (f) or (g) of 
section 3364 of title 10, United States Code, shall while carried on 
the reserve active status list be subject to the provisions of 
subsections (h), (i), and (j) of such section, as in effect on the day 
before the effective date of the Act, except that the name of an 
officer to whom this section applies shall be placed on a promotion 
list under section 14308(a) of title 10, United States Code (as added 
by this Act), and, at the end of the approved period of declination, 
shall be considered to have failed of promotion if the officer again 
declines to accept the promotion.
    (g) Covered Officers.--This section applies to reserve officers of 
the Army and Air Force who--
            (1) on the day before the effective date of this Act are in 
        an active status; and
            (2) on the effective date of this Act are subject to 
        placement on the reserve active-status list of the Army or the 
        Air Force.

SEC. 503. EFFECTS OF SELECTION FOR PROMOTION AND FAILURE OF SELECTION 
              FOR NAVY AND MARINE CORPS OFFICERS.

    (a) Recommendations for Promotion.--An officer covered by this 
section who, on the day before the effective date of the Act, has been 
recommended for promotion to a reserve grade higher than the grade in 
which the officer is serving shall be considered to have been 
recommended for promotion to that grade under section 14101(a) of title 
10, United States Code, as added by this Act.
    (b) Failures of Selection.--An officer covered by this section who, 
on the day before the effective date of this Act is considered to have 
failed of selection for promotion one or more times under chapter 549 
of title 10, United States Code, to a grade below captain, in the case 
of a reserve officer of the Navy, or to a grade below colonel, in the 
case of a reserve officer of the Marine Corps, shall be subject to 
chapters 1405 and 1407 of title 10, United States Code, as added by 
this Act, as if such failure or failures had occurred under the 
provisions of those chapters.
    (c) Officers Other Than Covered Officers Recommended for 
Promotion.--A reserve officer of the Navy or Marine Corps who on the 
day before the effective date of this Act (1) has been recommended for 
promotion in the approved report of a selection board convened under 
chapter 549 of title 10, United States Code, and (2) was on the active-
duty list of the Navy or Marine Corps may be promoted under that 
chapter, as in effect on the day before the effective date of this Act.
    (d) Officers Found Qualified for Promotion to Lieutenant (Junior 
Grade) or First Lieutenant.--A covered officer who, on the effective 
date of this Act, holds the grade of second lieutenant and has been 
found qualified for promotion in accordance with section 5908 or 5910 
of title 10, United States Code, as in effect on the day before the 
effective date of this Act, shall be promoted on the date on which the 
officer would have been promoted under the provisions of chapter 549 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 Navy under section 14307(b) of such title, as added by 
this Act.
    (e) Officers Whose Names Have Been Omitted From a List Furnished to 
a Selection Board.--A covered officer whose name, as of the effective 
date of this Act, had been omitted by administrative error from the 
list of officers furnished the most recent selection board to consider 
officers of the same grade and component, shall be considered by a 
special selection board established under section 14502 of title 10, 
United States Code, as added by this Act. If the officer is selected 
for promotion by that board, the officer shall be promoted as specified 
in section 5904 of title 10, United States Code, as in effect on the 
day before the effective date of this Act.
    (f) Covered Officers.--Except as provided in subsection (c), this 
section applies to any reserve officer of the Navy or Marine Corps who 
(1) before the effective date of this Act is in an active status, and 
(2) on the effective date of this Act is subject to placement on the 
reserve active-status list of the Navy or Marine Corps.

SEC. 504. DELAYS IN PROMOTIONS AND REMOVALS FROM PROMOTION LIST.

    (a) Delays in Promotions.--(1) A delay in a promotion that is in 
effect on the day before the effective date of this Act under the laws 
and regulations in effect on that date shall continue in effect on and 
after that date as if the promotion had been delayed under section 
14311 of title 10, United States Code, as added by this Act.
    (2) The delay of the promotion of a reserve officer of the Army or 
the Air Force which was in effect solely to achieve compliance with 
limitations set out in section 524 of title 10, United States Code or 
with regulations prescribed by the Secretary of Defense with respect to 
sections 3380(c) and 8380(c) of title 10, United States Code, as in 
effect on the day before the effective date of this Act, shall continue 
in effect as if the promotion had been delayed under section 14311(e) 
of such title, as added by this Act.
    (b) Removals From List.--An action that was initiated before the 
effective date of this Act under the laws and regulations in effect 
before that date to remove the name of an officer from a promotion list 
or from a list of officers recommended or approved for promotion shall 
continue on and after such date as if such action had been initiated 
under section 14110(d) or 14310, as appropriate, of title 10, United 
States Code, as added by this Act.

SEC. 505. MINIMUM SERVICE QUALIFICATIONS FOR PROMOTION.

    During the five-year period beginning on the effective date of this 
Act, the Secretary of the Army and the Secretary of the Air Force may 
waive the provisions of section 14304 of title 10, United States Code, 
as added by this Act. The Secretary may, in addition, during any period 
in which such a waiver is in effect, establish minimum periods of total 
years of commissioned service an officer must have served to be 
eligible for consideration for promotion to the grade of captain, 
major, or lieutenant colonel by boards convened under section 14101(a) 
of title 10, United States Code, as added by this Act.

SEC. 506. ESTABLISHMENT OF RESERVE ACTIVE-STATUS LIST.

    (a) Six-Month Deadline.--Not later than six months after the 
effective date of this Act, the Secretary of the military department 
concerned shall ensure that--
            (1) all officers of the Army, Navy, Air Force, and Marine 
        Corps who are required to be placed on the reserve active-
        status list of their Armed Force under section 14002 of title 
        10, United States Code, as added by this Act, shall be placed 
        on the list for their armed force and in their competitive 
        category; and
            (2) the relative seniority of those officers on each such 
        list shall be established.
    (b) Regulations.--The Secretary concerned shall prescribe 
regulations for the establishment of relative seniority. The Secretary 
of the Army and the Secretary of the Air Force shall, in prescribing 
such regulations, provide for the consideration of both promotion 
service established under section 3360(b) or 8360(e) of title 10, 
United States Code, as in effect on the day before the effective date 
of this Act, and total commissioned service established under section 
3360(c) or 8366(e) of such title, as in effect on the day before the 
effective date of this Act. An officer placed on a reserve active-
status list in accordance with this section shall be considered to have 
been on the list as of the effective date of this Act.

SEC. 507. PRESERVATION OF RELATIVE SENIORITY UNDER THE INITIAL 
              ESTABLISHMENT OF THE RESERVE ACTIVE-STATUS LIST.

    In order to maintain the relative seniority among reserve officers 
of the Army, Navy, Air Force, or Marine Corps as determined under 
section 506 of this Act, the Secretary of the military department 
concerned may, during the one-year period beginning on the effective 
date of this Act, adjust the date of rank of any reserve officer of 
such Armed Force who was in an active status but not on the active-duty 
list on such effective date.

SEC. 508. GRADE ON TRANSFER TO THE RETIRED RESERVE.

    In determining the highest grade held satisfactorily by a person at 
any time in the Armed Forces for the purposes of paragraph (2) of 
section 1406(b) of title 10, United States Code, as added by this Act, 
the requirement for satisfactory service on the reserve active-status 
list contained in section 1370(d) of title 10, United States Code, as 
added by this Act, shall apply only to reserve commissioned officers 
who are promoted to a higher grade as a result of selection for 
promotion under chapter 36 of that title or under chapter 1405 of that 
title, as added by this Act, or having been found qualified for Federal 
recognition in a higher grade under chapter 3 of title 32, United 
States Code, after the effective date of this Act.

SEC. 509. RIGHTS FOR OFFICERS WITH OVER THREE YEARS SERVICE.

    A reserve officer of the Army, Navy, Air Force, or Marine Corps who 
was in an active status on the day before the effective date of this 
Act and who was subject to placement of the reserve active-status list 
on the effective date of this Act may not be discharged under section 
14503 of title 10, United States Code, as added by this Act, until on 
or after the day on which that officer completes three years of 
continuous service as a reserve commissioned officer.

SEC. 510. MANDATORY SEPARATION FOR AGE FOR CERTAIN RESERVE OFFICERS OF 
              THE NAVY AND MARINE CORPS.

    (a) Savings Provisions for Required Separation Age.--A reserve 
officer of the Navy or the Marine Corps--
            (1) who--
                    (A) on the effective date of this Act is in an 
                active status, and
                    (B) on the day before the effective date of this 
                Act was an officer described in section 6389(e), 
                6397(a), 6403(a), or 6403(b) of title 10, United States 
                Code; and
            (2) who, on or after the effective date of this Act is 
        subject to elimination from an active status under any 
        provision of such title,
is entitled to be treated as that officer would have been treated under 
section 6397 or 6403 as applicable, as in effect on the day before the 
effective date of this Act, if that treatment would result in the date 
for the officer's separation from an active status being a later date 
than the date established under the law in effect on or after the 
effective date of this Act.
    (b) Savings Provisions for Mandatory Separation for Age.--An 
officer who was initially appointed in the Naval Reserve or the Marine 
Corps Reserve before January 1, 1953, and who cannot complete 20 years 
of service computed under section 12732 of this title before he becomes 
62 years of age, but can complete this service by the time he becomes 
64 years of age, may be retained in an active status not later than the 
date he becomes 64 years of age.
    (c) An officer who was initially appointed in the Naval Reserve or 
the Marine Corps Reserve before the effective date of this Act, and who 
cannot complete 20 years of service computed under section 12732 of 
this title before he becomes 60 years of age, but can complete this 
service by the time he becomes 62 years of age, may be retained in an 
active status not later than the date he becomes 62 years of age.

        TITLE VI--EFFECTIVE DATES AND GENERAL SAVINGS PROVISIONS

SEC. 601. EFFECTIVE DATE.

    (a) General Effective Date.--Except for section 205, this Act and 
the amendments made by this Act shall take effect on the first day of 
the ninth month that begins after the date of the enactment of this 
Act.
    (b) Regulations.--The authority to prescribe regulations under the 
amendments made by this Act shall take effect on the date of the 
enactment of this Act.

SEC. 602. PRESERVATION OF SUSPENDED STATUS OF LAWS SUSPENDED AS OF 
              EFFECTIVE DATE.

    If a provision of law that is in a suspended status on the day 
before the effective date of this Act is transferred or amended by this 
Act, the suspended status of that provision is not affected by that 
transfer or amendment.

SEC. 603. PRESERVATION OF PRE-EXISTING RIGHTS, DUTIES, PENALTIES, AND 
              PROCEEDINGS.

    Except as otherwise provided in this Act, the provisions of this 
Act and the amendments made by this Act do not affect rights and duties 
that matured, penalties that were incurred, or proceedings that were 
begun before the effective date of this Act.
HR 1040 RH----2
HR 1040 RH----3
HR 1040 RH----4
HR 1040 RH----5
HR 1040 RH----6
HR 1040 RH----7
HR 1040 RH----8
HR 1040 RH----9
HR 1040 RH----10
HR 1040 RH----11
HR 1040 RH----12
HR 1040 RH----13
HR 1040 RH----14
HR 1040 RH----15
HR 1040 RH----16
HR 1040 RH----17