Page:United States Statutes at Large Volume 108 Part 4.djvu/327

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PUBLIC LAW 103-337 —OCT. 5, 1994 108 STAT. 2961 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 Hst.". SEC. 1622. AUTHORITY TO SUSPE^fD OFFICER PERSONNEL LAWS DUR- ING WAR OR NATIONAL EMERGENCY. (a) AUTHORITY.— Section 123 is amended to read as follows: 10 USC 123. '^§123. Authority to suspend officer personnel laws during war or national emergency "(a) 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 commis- -^ sioned 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 (b) CONFORMING REPEAL.—Section 644 is repealed.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. 1623. ACTIVE-DUTY LIST PROMOTION BOARDS TO HAVE AUTHOR- ITY TO RECOMMEND THAT RESERVE OFFICERS CONSID- ERED FOR PROMOTION BE REQUIRED TO SHOW CAUSE FOR RETENTION ON ACTIVE DUTY. Section 617(b) is amended— 10 USC 617. (1) by inserting "or reserve" after "any regular"; and (2) by inserting "or 1411" after "chapter 60". SEC. 1624. APPLICABILITY OF CHAPTER 36 TO RESERVE OFFICERS DURING WAR OR NATIONAL EMERGENCY. Section 641 is amended— 10 USC 641. (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 mili- Regulations, tary 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