Page:United States Statutes at Large Volume 118.djvu/1904

 118 STAT. 1874 PUBLIC LAW 108–375—OCT. 28, 2004 ‘‘(d) REGULATIONS.—The Secretary concerned shall prescribe regulations for the exercise of the Secretary’s authority under this section.’’. (B) The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: ‘‘647. Force shaping authority.’’. (2) Section 1174(e)(2)(B) of such title is amended by inserting after ‘‘obligated service’’ the following: ‘‘, unless the member is an officer discharged or released under the authority of section 647 of this title’’. (3) Section 12201(a) of such title is amended— (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; (B) in the first sentence, by inserting ‘‘, except as provided in paragraph (2),’’ after ‘‘the armed force concerned and’’; and (C) by adding at the end the following new paragraph: ‘‘(2) An officer transferred from the active duty list of an armed force to a reserve active status list of an armed force under section 647 of this title is not required to subscribe to the oath referred to in paragraph (1) in order to qualify for an appointment under that paragraph.’’. (4) Section 12203 of such title is amended— (A) by redesignating subsection (b) as subsection (c); and (B) by inserting after subsection (a) the following new subsection (b): ‘‘(b) Subject to the authority, direction, and control of the Presi dent, the Secretary concerned may appoint as a reserve commis sioned officer any regular officer transferred from the active duty list of an armed force to the reserve active status list of a reserve component under section 647 of this title, notwithstanding the requirements of subsection (a).’’. (5) Section 531 of such title is amended by adding at the end the following new subsection: ‘‘(c) Subject to the authority, direction, and control of the Presi dent, an original appointment as a commissioned officer in the Regular Army, Regular Air Force, Regular Navy, or Regular Marine Corps may be made by the Secretary concerned in the case of a reserve commissioned officer upon the transfer of such officer from the reserve active status list of a reserve component of the armed forces to the active duty list of an armed force, notwith standing the requirements of subsection (a).’’. (d) ACTIVE DUTY READY RESERVE OFFICERS NOT ON ACTIVE DUTY LIST.—Section 641(1)(F) of such title is amended by striking ‘‘section 12304’’ and inserting ‘‘sections 12302 and 12304’’. (e) ALL REGULAR OFFICER APPOINTMENTS FOR STUDENTS OF THE UNIVERSITY OF HEALTH SCIENCES.—Section 2114(b) of such title is amended by striking ‘‘Notwithstanding any other provision of law, they shall serve’’ in the second sentence and all that follows through ‘‘if qualified,’’ in the third sentence and inserting ‘‘They shall be appointed as regular officers in the grade of second lieuten ant or ensign and shall serve on active duty in that grade. Upon graduation they shall be required to serve on active duty’’. (f) TERMINATION OF REQUIREMENT OF 6 YEARS SERVICE IN A RESERVE COMPONENT FOR NONREGULAR SERVICE RETIREMENT ELIGIBILITY.—Section 12731(a)(3) of such title is amended by inserting after ‘‘(3)’’ the following: ‘‘in the case of a person who completed the service requirements of paragraph (2) before the

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