Page:United States Statutes at Large Volume 110 Part 3.djvu/785

 PUBLIC LAW 104-201—SEPT. 23, 1996 110 STAT. 2515 that it is in the best interests of the armed force of which that person is a member to do so.". (b) TECHNICAL AMENDMENTS. —Section 513(b) of such title, as amended by subsection (a), is further amended— (1) by inserting "(1)" after "(b)"; (2) by designating the third sentence as paragraph (2); and (3) in paragraph (2), as so designated, by striking out "the preceding sentence" and inserting in lieu thereof "paragraph (1)". Subtitle C—Activation and Recall 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 Regulations. 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

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