Page:United States Statutes at Large Volume 105 Part 2.djvu/407

 PUBLIC LAW 102-190—DEC. 5, 1991 105 STAT. 1359 SEC. 506. GRADE OF RETIRED OFFICERS RECALLED TO ACTIVE DUTY. (a) SERVICE IN HIGHER GRADE HELD WHILE ON ACTIVE DUTY.— Subsection (d) of section 688 of title 10, United States Code, is amended— (1) by striking out "paragraph (2)" in paragraph (1) and inserting in lieu thereof "paragraphs (2) and (3)"; and (2) by adding at the end the following new paragraph: "(3)(A) A retired member ordered to active duty under this section 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. "(B) A retired member ordered to active duty in a grade that is higher than the member's retired grade pursuant to paragraph (1) shall be treated for purposes of subsection (b) as if the member was promoted to that higher grade while on that tour of active duty. "(C) 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.". (b) CONFORMING AMENDMENT.— Section 311(c) of Public Law 102- 25 (105 Stat. 85) is amended by inserting ", and before the date of the lo USC 688 enactment of the National Defense Authorization Act for Fiscal "°^ Years 1992 and 1993" before the period. PART B—SERVICE ACADEMIES SEC. 511. LIMITATION ON THE NUMBER OF CADETS AND MIDSHIPMEN 10 USC 4342 AUTHORIZED TO ATTEND THE SERVICE ACADEMIES. "ote. (a) REDUCTION IN AUTHORIZED STRENGTHS.—The authorized strength of the (Dorps of Cadets of the United States Military Academy, the Air Force Cadets of the United States Air Force Academy, and the brigade of midshipmen of the United States Naval Academy may not exceed 4,000 for each service academy for class years beginning after 1994. (b) CLASS REDUCTIONS NOT TO AFFECT CERTAIN APPOINTMENTS.— Any reduction in the number of appointments to the class of a service academy required as a result of subsection (a) may not be achieved by reducing the number of appointments under section 4342(a), 6954(a), or 9342(a) of title 10, United States Code, as applicable. (c) GAO REPORT. — (1) The (Comptroller General of the United States shall determine for each of the Army, Navy, Air Force, and Marine Corps the percentage for each benchmark year of the commissioned officers receiving an original appointment during that year who were graduates of a service academy. The Comptroller General shall also determine the average of those annual percentages for each of those Armed Forces. (2) The (Domptroller General shall select the benchmark years (including the number of years to be used as benchmark years) for purposes of paragraph (1). The Comptroller General may select different benchmark years for each of the Army, Navy, Air Force,

�