Page:United States Statutes at Large Volume 119.djvu/3250

 119 STAT. 3232

PUBLIC LAW 109–163—JAN. 6, 2006 ‘‘(B) The Chief of the Army Reserve, Chief of the Air Force Reserve, Director of the Army National Guard, or Director of the Air National Guard. ‘‘(C) An adjutant general. ‘‘(D) If a reserve officer of the Army, the commanding general of the troops of a State.’’.

SEC.

512.

MODIFICATION OF STRENGTH-IN-GRADE LIMITATIONS APPLICABLE TO RESERVE FLAG OFFICERS IN ACTIVE STATUS.

(a) LINE OFFICERS.—The table in paragraph (1) of section 12004(c) of title 10, United States Code, is amended by striking ‘‘28’’ in the item relating to Line officers and inserting ‘‘33’’. (b) MEDICAL DEPARTMENT STAFF CORPS OFFICERS.—Such table is further amended by striking ‘‘9’’ in the item relating to Medical Department staff corps officers and inserting ‘‘5’’. (c) SUPPLY CORPS OFFICERS.—Paragraph (2)(A) of such section is amended by striking ‘‘seven’’ and inserting ‘‘six’’. (d) CONFORMING AMENDMENT.—Paragraph (1) of such section is further amended in the matter preceding the table by striking ‘‘39’’ and inserting ‘‘40’’. SEC. 513. MILITARY TECHNICIANS (DUAL STATUS) MANDATORY SEPARATION.

10 USC 10216 note.

(a) DEFERRAL OF SEPARATION.—Section 10216 of title 10, United States Code, is amended by adding at the end the following new subsection: ‘‘(f) DEFERRAL OF MANDATORY SEPARATION.—The Secretary of the Army shall implement personnel policies so as to allow a military technician (dual status) who continues to meet the requirements of this section for dual status to continue to serve beyond a mandatory removal date for officers, and any applicable maximum years of service limitation, until the military technician (dual status) reaches age 60 and attains eligibility for an unreduced annuity (as defined in section 10218(c) of this title).’’. (b) EFFECTIVE DATE.—The Secretary of the Army shall implement subsection (f) of section 10216 of title 10, United States Code, as added by subsection (a), not later than 90 days after the date of the enactment of this Act. SEC. 514. MILITARY RETIREMENT CREDIT FOR CERTAIN SERVICE BY NATIONAL GUARD MEMBERS PERFORMED WHILE IN A STATE DUTY STATUS IMMEDIATELY AFTER THE TERRORIST ATTACKS OF SEPTEMBER 11, 2001.

(a) RETIREMENT CREDIT.—Service of a member of the Ready Reserve of the Army National Guard or Air National Guard described in subsection (b) shall be deemed to be service creditable under section 12732(a)(2)(A)(i) of title 10, United States Code. (b) COVERED SERVICE.—Service referred to in subsection (a) is full-time State active duty service that a member of the National Guard performed on or after September 11, 2001, and before October 1, 2002, in any of the counties specified in subsection (c) to support a Federal declaration of emergency following the terrorist attacks on the United States of September 11, 2001. (c) COVERED COUNTIES.—The counties referred to in subsection (b) are the following: (1) In the State of New York: Bronx, Kings, New York (boroughs of Brooklyn and Manhattan), Queens, Richmond,

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