LIMITATIONS ON RECALL OF RETIRED MEMBERS TO ACTIVE DUTY.

SEC. 521. LIMITATIONS ON RECALL OF RETIRED MEMBERS TO ACTIVE DUTY. (a) Revision and Recodification of Authorities Relating to Retired Members Ordered to Active Duty.— Chapter 39 of title 10, United States Code, is amended by striking out section 688 and inserting in lieu thereof the following: “§688. Retired members: authority to order to active duty; duties “(a) Authority.— Under regulations prescribed by the Secretary of Defense, a member described in subsection (b) may be ordered to active duty by the Secretary of the military department concerned at any time. “(b) Covered Members.— Except as provided in subsection (d), subsection (a) applies to the following members of the armed forces: “(1) A retired member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps. “(2) A member of the Retired Reserve who was retired under section 1293, 3911, 3914, 6323, 8911, or 8914 of this title. “(3) A member of the Fleet Reserve or Fleet Marine Corps Reserve. “(c) Duties of Member Ordered to Active Duty.— The Secretary concerned may, to the extent consistent with other provisions of law, assign a member ordered to active duty under this section to such duties as the Secretary considers necessary in the interests of national defense. “(d) Exclusion of Officers Retired on Selective Early Retirement Basis.— The following officers may not be ordered to active duty under this section: “(1) An officer who retired under section 638 of this title. “(2) An officer who— “(A) after having been notified that the officer was to be considered for early retirement under section 638 of this title by a board convened under section 611(b) of this title and before being considered by that board, requested retirement under section 3911, 6323, or 8911 of this title; and “(B) was retired pursuant to that request. “(e) Limitation of Period of Recall Service.— A member ordered to active duty under subsection (a) may not serve on active duty pursuant to orders under that subsection for more than 12 110 STAT. 2516months within the 24 months following the first day of the active duty to which ordered under that subsection. “(f) Waiver for Periods of War or National Emergency.— Subsections (d) and (e) do not apply in time of war or of national emergency declared by Congress or the President. “§689. Retired members: grade in which ordered to active duty and upon release from active duty “(a) General Rule for Grade in Which Ordered to Active Duty.— Except as provided in subsections (b) and (c), a retired member ordered to active duty under section 688 of this title shall be ordered to active duty in the member’s retired grade. “(b) Members Retired in O–9 and O–10 Grades.— A retired member ordered to active duty under section 688 of this title whose retired grade is above the grade of major general or rear admiral shall be ordered to active duty in the highest permanent grade held by such member while serving on active duty. “(c) Members Who Previously Served in Grade Higher Than Retired Grade.— (1) A retired member ordered to active duty under section 688 of this title who has previously served on active duty satisfactorily, as determined by the Secretary of the military department concerned, in a grade higher than that member’s retired grade may be ordered to active duty in the highest grade in which the member had so served satisfactorily, except that such a member may not be so ordered to active duty in a grade above major general or rear admiral. “(2) A retired member ordered to active duty in a grade that is higher than the member’s retired grade pursuant to subsection (a) shall be treated for purposes of section 690 of this title as if the member was promoted to that higher grade while on that tour of active duty. “(3) If, upon being released from that tour of active duty, such a retired member has served on active duty satisfactorily, as determined by the Secretary concerned, for not less than a total of 36 months in a grade that is a higher grade than the member’s retired grade, the member is entitled to placement on the retired list in that grade. “(d) Grade Upon Release From Active Duty.— A member ordered to active duty under section 688 of this title who, while on active duty, is promoted to a grade that is higher than that member’s retired grade is entitled, upon that member’s release from that tour of active duty, to placement on the retired list in the highest grade in which the member served on active duty satisfactorily, as determined by the Secretary of the military department concerned, for not less than six months. “§690. Retired members ordered to active duty: limitation on number “(a) General and Flag Officers.— Not more than 15 retired general officers of the Army, Air Force, or Marine Corps, and not more than 15 retired flag officers of the Navy, may be on active duty at any one time. For the purposes of this subsection a retired officer ordered to active duty for a period of 60 days or less is not counted. “(b) Limitation by Service.— (1) Not more than 25 officers of any one armed force may be serving on active duty concurrently 110 STAT. 2517pursuant to orders to active duty issued under section 688 of this title. “(2) In the administration of paragraph (1), the following officers shall not be counted: “(A) A chaplain who is assigned to duty as a chaplain for the period of active duty to which ordered. “(B) A health care professional (as characterized by the Secretary concerned) who is assigned to duty as a health care professional for the period of the active duty to which ordered. “(C) Any officer assigned to duty with the American Battle Monuments Commission for the period of active duty to which ordered. “(c) Waiver for Periods of War or National Emergency.— Subsection (a) does not apply in time of war or of national emergency declared by Congress or the President after November 30, 1980. Subsection (b) does not apply in time of war or of national emergency declared by Congress or the President.”. (b) Effective Date.— The amendments made by this section shall take effect on September 30, 1997. (c) Clerical Amendment.— The table of sections at the beginning of such chapter is amended by striking out the item relating to section 688 and inserting in lieu thereof the following: “688. Retired members: authority to order to active duty; duties. “689. Retired members: grade in which ordered to active duty and upon release from active duty. “690. Retired members ordered to active duty: limitation on number.”. (d) Cross Reference Amendment.— Section 6151(a) of title 10, United States Code, is amended by striking out “688” and inserting in lieu thereof “689”.