Pub. L. 107-314, div. A, tit. V, subtit. A, sec. 503
EXTENSION AND CODIFICATION OF AUTHORITY FOR RECALL OF RETIRED AVIATORS TO ACTIVE DUTY.
SEC. 503. EXTENSION AND CODIFICATION OF AUTHORITY FOR RECALL OF RETIRED AVIATORS TO ACTIVE DUTY. (a) In General.—(1) Chapter 39 of title 10, United States Code, is amended by inserting after section 688 the following new section: “§688a. Retired aviators: temporary authority to order to active duty “(a) Authority.—The Secretary of a military department may order to active duty a retired officer having expertise as an aviator to fill staff positions normally filled by aviators on active duty. Any such order may be made only with the consent of the officer ordered to active duty and in accordance with an agreement between the Secretary and the officer. “(b) Duration.—The period of active duty of an officer under an order to active duty under subsection (a) shall be specified in the agreement entered into under that subsection. “(c) Limitation.—No more than a total of 500 officers may be on active duty at any time under subsection (a). “(d) Relationship to Other Authority.—The authority to order a retired officer to active duty under this section is in addition to the authority under section 688 of this title or any other provision of law authorizing the Secretary concerned to order a retired member to active duty. “(e) Inapplicability of Certain Provisions.—Officers ordered to active duty under subsection (a) shall not be counted for purposes of section 688 or 690 of this title. “(f) Expiration of Authority.—An officer may not be ordered to active duty under this section after September 30, 2008.”. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 688 the following new item: “688a. Retired aviators: temporary authority to order to active duty.”.116 STAT. 2531 (b) Grade in Which Ordered to Active Duty and Upon Release from Active Duty.—(1) Section 689 of such title is amended by inserting “or 688a” after “section 688” each place it appears. (2) The provisions of section 689(d) of title 10, United States Code, shall apply with respect to an officer ordered to active duty under section 501 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106—65; 113 Stat. 589) before the date of the enactment of this Act in the same manner as such provisions apply to an officer ordered to active duty under section 688 of such title. (c) Transition Provision.—Any officer ordered to active duty under section 501 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 589) who continues on active duty under such order to active duty after the date of the enactment of this Act shall be counted for purposes of the limitation under subsection (c) of section 688a of title 10, United States Code, as added by subsection (a).