12 2 STA T .95PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 SEC.502 .E NHA NCE D A UT H ORI T YF OR RESER V E G ENERA L AND FLAG OFFICERS TO SERVE ON ACTIVE DUTY. Section526(d) o f tit l e 10,U nited St a te sC ode, is a m ended — (1) by inse r tin g‘ ‘(1) ’ ’ before ‘‘ Th e limitations’’
and (2) by adding at the end the follo w ing new p aragraph
‘‘(2) The limitations of this section also do not apply to a n u mber, as specified by the Secretary of the military department concerned, of reser v e component general or flag officers authori z ed to serve on active duty for a period of not more than 3 65 days . The number so specified for an armed force may not e x ceed the number e q ual to 10 percent of the authorized number of general or flag officers, as the case may be, of that armed force under section 1200 4 of this title. I n determining such number, any fraction shall be rounded down to the next whole number, except that such number shall be at least one.’’. SEC. 50 3 . INCREASE IN YEARS OF CO M MISSIONED SERVICE THRESHOLD FOR DISCHARGE OF P RO B ATIONARY OFFI - CERS AND FOR USE OF FORCE SHAPING AUTHORITY. (a) ACTIVE-DU T YL I S T OF FICE R S.— (1) EX TE ND ED P R OBA TIONARY PERIOD.— P aragraph (1)(A) of section 630 of title 10, United States Code, is amended by stri k ing ‘‘five years’’ and inserting ‘‘six years’’. (2) SECTION H EADIN G .—The heading of such section is amended by striking ‘‘ fivey e ars ’’ and inserting ‘‘si x years’’. (3) TAB L E OF SECTIONS.—The item relating to such section in the table of sections at the beginning of subchapter III of chapter 36 of such title is amended to read as follows: ‘ ‘ 630.Dischargeof co m missio n e d officers w i t h l ess than si xy ears of acti v e commis - sioned service or fo u nd not q ualified for p romotion for first lieutenant or lieutenant (j unior grade ) . ’ ’. (b) OFFICER F ORCE SHAPING AUTHORITY.—Section 64 7 (b)(1) of such title is amended by striking ‘‘5 years’’ both places it appears and inserting ‘‘six years’’. (c) R ESERVE OFFICERS.— (1) EXTENDED PROBATIONARY PERIOD.—Subsection (a)(1) of section 14503 of such title is amended by striking ‘‘five years’’ and inserting ‘‘six years’’. (2) SECTION HEADING.—The heading of such section is amended by striking ‘‘five years’’ and inserting ‘‘six years’’. (3) TABLE OF SECTIONS.—The item relating to such section in the table of sections at the beginning of chapter 1407 of such title is amended to read as follows: ‘‘ 145 03. Discharge of officers with less than six years of commissioned service or found not qualified for promotion to first lieutenant or lieutenant (junior grade).’’. SEC. 50 4 . MANDATORY RETIREMENT AGE FOR ACTIVE-DUTY GENERAL AND FLAG OFFICERS CONTINUED ON ACTIVE DUTY. Section 637(b)(3) of title 10, United States Code, is amended by striking ‘‘but such period may not (except as provided under section 1251(b) of this title) extend beyond the date of the officer’s sixty-second birthday’’ and inserting ‘‘except as provided under sec- tion 1251 or 1253 of this title’’. Deadlin e .
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