LAWS RELATING TO RESERVE COMPONENT PERSONNEL POLICY.

SEC. 1662. LAWS RELATING TO RESERVE COMPONENT PERSONNEL POLICY. (a) Strength and Distribution in Grade.— (1) Subtitle E, as added by section 1611, is amended by inserting after part I of such subtitle, as added by section 1661, the following: “PART II— PERSONNEL GENERALLY “Chap. Sec. “1201. Authorized Strengths and Distribution in Grade 12001 “1203. Enlisted Members 12101 “1205. Appointment of Reserve Officers 12201 “1207. Warrant Officers 12241 “1209. Active Duty 12301 “1211. National Guard Members in Federal Service 12401 “1213. Special Appointments, Assignments, Details, and Duties 12501 “1215. Miscellaneous Prohibitions and Penalties [No present sections] “1217. Miscellaneous Rights and Benefits 12601 “1219. Standards and Procedures for Retention and Promotion 12641 “1221. Separation 12681 “1223. Retired Pay for Non-Regular Service 12731 “1225. Retired Grade 12771 “CHAPTER 1201— AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE “Sec. “12001. Authorized strengths: reserve components. “12002. Authorized strengths: Army and Air Force reserve components, 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. “§ 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. “§ 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 108 STAT. 2984members who are included in the strengths authorized for members of the Army and Air Force, respectively, on active duty, are as follows: “Army National Guard and the Army National Guard of the United States 600,000 “Army Reserve 980,000 “Air National Guard and the Air National Guard of the United States 150,000 “Air Force Reserve 500,000. “(b) The strength authorized by this section for the Army National Guard and the Army National Guard of the United States, and the strength authorized by this section for the Air National Guard and the Air National Guard of the United States, shall be allocated among the States. “§ 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 275,000 “Air Force 200,000 “Navy 150,000 “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. “§ 12004. Strength in grade: reserve general and flag officers in an active status “(a) The authorized strengths of the Army, Air Force, and Marine Corps in reserve general officers in an active status, and the authorized strength of the Navy in reserve officers in the grades of rear admiral (lower half) and rear admiral in an active-status, are as follows: “Army 207 “Air Force 157 “Navy 48 “Manne 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 28 “Medical Corps 5 “Chaplain Corps 1 “Judge Advocate General’s Corps 1 108 STAT. 2985 “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. “§ 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: Grade Army percentage Air Force percentage Colonel 2 1.8 Lieutenant colonel 6 4.6 Major 13 14 Captain 35 32 First lieutenant and second lieutenant (when combined with the number authorized for general officer grades under section 12004 of this title) 44 47.6 “(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 percent 108 STAT. 2986 “Commander 7 percent “Lieutenant commander 22 percent “Lieutenant 37 percent “Lieutenant (junior grade) and ensign (when combined with the number authorized for flag officer grades under section 12004 of this title) 32.5 percent. “(2) When the actual number of line officers in an active status in any grade is less than the number 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 percent “Lieutenant colonel 6 percent “Major 12 percent “Captain 35 percent “First lieutenant and second lieutenant (when combined with the number authorized for general officer grades under section 12004 of this title) 32.5 percent. “(2) When the actual number of officers in an active status in any grade is less than the number authorized by paragraph (1) for that grade, the difference may be applied to increase the number authorized by that 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. “§ 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. “§ 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 108 STAT. 2987among 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. “§ 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. “§ 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. “§ 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. “§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: Grade Army Navy Air Force Marine Corps E–9 569 202 328 14 E–8 2,585 429 840 74 “(b) Whenever the number of members serving in pay grade E–9 for duty described in subsection (a) is less than the number 108 STAT. 2988authorized 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: “§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. “§ 12101. Definition “In this chapter, the term ‘enlistment’ means original enlistment or reenlistment. “§ 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. 108 STAT. 2989 “§ 12106. Anny 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. “§ 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 1631(a)), 511, and 512 are transferred to chapter 1203, as added by paragraph (1), inserted after section 12101, and redesignated as follows: 108 STAT. 2990 Section Redesignated section 510 12102 511 12103 512 12104 (3) The following sections are repealed: sections 3259, 3260, 3261, 8259, 8260, and 8261. (d) 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. “§ 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 1631(b)), 592, 593 (as amended by section 1632), 594, 596, 596a (as added by section 1633), 596b (as added by section 1634), 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 1633) 12206 596b (as added by section 1634) 12207 595 12208 (3) Sections 600, 600a, 3351, 8351, 3352 (as amended by section 1636(a)), and 8352 are transferred (in that order) to chapter 1205, as added by paragraph (1), inserted after section 12208, and redesignated as follows: 108 STAT. 2991 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. “§ 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. 108 STAT. 2992 “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. Reserve Officer Training Corps units: limitation on number of Reserves assigned.”. (2) Sections 672 through 673a, section 673b (as amended by section 511), sections 673c through 687, section 689 (as amended by section 1625), 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) The heading of section 12321 (as so redesignated) is amended to read as follows: “§ 12321. Reserve Officer Training Corps units: limitation on number of Reserves assigned”. (4) Chapter 39 is amended by inserting after section 671b the following: “§ 672. Reference to chapter 1209 “Provisions of law relating to service of members of reserve components on active duty are set forth in chapter 1209 of this title (beginning with section 12301).”. (f) National Guard Members in Federal 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. 108 STAT. 2993 “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. “§ 12401. Army and Air National Guard of the United States: status “Members of the Army National Guard of the United States and the Air National Guard of the United States are not in active Federal service except when ordered thereto under law. “§ 12402. Army and Air National Guard of United States: commissioned officers; duty in 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. “§ 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. “§ 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. “§ 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. 108 STAT. 2994 “§ 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. “§ 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. “§ 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. 108 STAT. 2995 “§ 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. “§ 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. “§ 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. “§ 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 108 STAT. 2996a 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 1661(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 266 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: 108 STAT. 2997 “§ 12641. Standards and procedures: Secretary to prescribe”. (B) The heading of section 12644 (as so redesignated) is amended to read as follows: “§ 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. “§ 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. “§ 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. “§ 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. “§ 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 108 STAT. 2998 “(3) to a transfer under section 12213, 12214, 14514, or 14515 of this title. “§ 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. “§ 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. “§ 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. 108 STAT. 2999 “§ 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. “(f) In the case of a person who completes the service requirements of subsection (a)(2) during the period beginning on the date of the enactment of this subsection and ending on September 30, 1999, the provisions of subsection (a)(3) shall be applied by substituting ‘the last six years’ for ‘the last eight years’. 108 STAT. 3000 “§ 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 concerned 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, 1999, completes 15 years of service computed under that section; and “(2) upon the request of the member submitted to the Secretary, 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, 1999. “(c) Applicability Subject to Needs of the Service.— (1) The Secretary 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). “(3) Notwithstanding the provisions of section 4415(2) of the Defense Conversion Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102–484; 106 Stat. 2714), the Secretary concerned may, consistent with the other provisions of this section, provide the notification required by section 12731(d) of this title to a member who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability. Such notification may not be made if the disability is the result of the member’s intentional misconduct, willful neglect, or willful failure to comply with standards and qualifications for retention established by the Secretary concerned or was incurred during a period of unauthorized absence. “(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 and by the Secretary of Transportation with respect to the Coast Guard. “§ 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 108 STAT. 3001section 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. 108 STAT. 3002 “(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). “§ 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. 108 STAT. 3003 “(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. “§ 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. “§ 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). “§ 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. “§ 12737. Limitation on active duty “A member of the armed forces may not be ordered to active duty solely for the purpose of qualifying the member for retired pay under this chapter. “§ 12738. Limitations on revocation of retired pay “(a) After a person is granted retired pay under this chapter, or is notified in accordance with section 12731(d) of this title that the person has completed the years of service required for eligibility for retired pay under this 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. 108 STAT. 3004 “(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. “§ 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) 2½ 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 108 STAT. 3005 (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. “§ 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).”. Repeal. (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. “§ 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. “§ 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. “§ 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. 108 STAT. 3006 “§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: “§ 1376. Temporary disability retired lists”.