10 U.S.C. § 12647 — Commissioned officers: retention in ac-

Page 3695 TITLE 10—ARMED FORCES § 12647 title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233, and references to section 740 of title 14 deemed to refer to such redes- ignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redes- ignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard. AMENDMENTS 2018—Subsecs. (a), (b). Pub. L. 115–232 substituted ‘‘under chapter 843,’’ for ‘‘under chapter 573,’’ in intro- ductory provisions. Subsec. (e)(1). Pub. L. 115–232 substituted ‘‘under sec- tion 8373,’’ for ‘‘under section 6389,’’ and ‘‘section 7311, 8323, or 9311’’ for ‘‘section 3911, 6323, or 8911’’. Subsec. (e)(2)(A). Pub. L. 115–232 substituted ‘‘section 7311, 8323, or 9311’’ for ‘‘section 3911, 6323, or 8911’’. 1994—Pub. L. 103–337, § 1662(h)(2), renumbered section 1006 of this title as this section. Subsecs. (a), (b). Pub. L. 103–337, § 1675(d)(3)(B), sub- stituted ‘‘573, 1407, or 1409’’ for ‘‘337, 361, 363, 573, 837, 861, or 863’’. Pub. L. 103–337, § 1675(d)(3)(A), substituted ‘‘12732’’ for ‘‘1332’’ wherever appearing. Subsec. (e). Pub. L. 103–337, § 1675(d)(3)(C), added sub- sec. (e) and struck out former subsec. (e) which read as follows: ‘‘A reserve commissioned officer on active duty (other than for training) who, on the date on which he would otherwise be removed from an active status under section 3846, 3848, 3851, 3852, 6389, 6397, 6403, 6410, 8846, 8848, 8851, or 8852 of this title or section 740 of title 14, and who is within two years of qualifying for retire- ment under section 3911, 6323, or 8911 of this title, may, in the discretion of the Secretary concerned, be re- tained on active duty for a period of not more than two years, if at the end of that period he will be qualified for retirement under one of those sections and will not, before the end of that period, reach the age at which transfer from an active status or discharge is required by this title or title 14. An officer who is retained on active duty under this section may not be removed from an active status while he is on that duty. For offi- cers covered by section 3846, 3848, 3851, or 3852 of this title, the ages at which transfer from an active status or discharge is required are those set forth in section 3843, 3844, or 3845 of this title, or section 21(e) of Public Law 85–861, as the case may be.’’ 1980—Subsec. (e). Pub. L. 96–513 substituted ‘‘Public Law 85–861’’ for ‘‘the Act enacting this section’’. Pub. L. 96–322 substituted ‘‘section 740 of title 14’’ for ‘‘section 787 of title 14’’. 1975—Subsecs. (a), (b). Pub. L. 93–586, § 3(1), inserted reference to chapter 21 of title 14. Subsec. (c). Pub. L. 93–586, § 3(2), substituted ‘‘An offi- cer who is retained’’ for ‘‘An officer of the Army or the Air Force who is retained’’. Subsec. (e). Pub. L. 93–586, § 3(3), substituted ‘‘dis- charge is required by this title or title 14’’ for ‘‘dis- charge is required by this title’’. 1967—Subsec. (e). Pub. L. 90–130 struck out references to sections 3847 and 8847 of this title. 1962—Subsec. (e). Pub. L. 87—651 substituted ‘‘section 787 of title 14’’ for ‘‘section 1391 of title 50’’. 1960—Subsec. (e). Pub. L. 86–559 struck out references to sections 3849 and 8849 of this title. Statutory Notes and Related Subsidiaries REFERENCES TO SECTIONS OF TITLE 14 AS REDESIGNATED BY PUB. L. 115–282 Section 740 of title 14 redesignated section 3751 of title 14 by Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233, and references to section 740 of title 14 deemed to refer to such redesignated section, see sec- tion 123(b)(1) of Pub. L. 115–282, set out as a note pre- ceding section 101 of Title 14, Coast Guard. EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by sections 1662(h)(2) and 1675(d)(3)(A) of Pub. L. 103–337 effective Dec. 1, 1994, except as other- wise provided, and amendment by section 1675(d)(3)(B), (C) of Pub. L. 103–337 effective Oct. 1, 1996, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. § 12647. Commissioned officers: retention in ac- tive status while assigned to Selective Serv- ice System or serving as United States prop- erty and fiscal officers Notwithstanding chapters 843, 1407, and 1409 of this title, a reserve commissioned officer, other than a commissioned warrant officer, who is as- signed to the Selective Service System or who is a property and fiscal officer appointed, des- ignated, or detailed under section 708 of title 32, may be retained in an active status in that as- signment or position until he becomes 62 years of age. (Added Pub. L. 85–861, § 1(22)(B), Sept. 2, 1958, 72 Stat. 1445, § 1007; amended Pub. L. 86–559, § 1(3)(B), June 30, 1960, 74 Stat. 265; renumbered § 12647 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(h)(2), 1675(d)(4), Oct. 5, 1994, 108 Stat. 2996, 3018; Pub. L. 110–417, [div. A], title V, § 514(a), Oct. 14, 2008, 122 Stat. 4441; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1007 ......... 50:1181(1) (as applicable to 50:1202). 50:1202. Sept. 3, 1954, ch. 1257, §§ 102(1) (as applicable to § 212), 212, 68 Stat. 1149, 1153. The words ‘‘this title’’ are substituted for the words ‘‘this chapter’’, since the provisions of this title requir- ing transfer from an active status are based on the source statute for this section (the Reserve Officer Per- sonnel Act of 1954). Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 substituted ‘‘chapters 843, 1407, and 1409’’ for ‘‘chapters 573, 1407, and 1409’’. 2008—Pub. L. 110–417 substituted ‘‘62 years’’ for ‘‘60 years’’. 1994—Pub. L. 103–337, § 1675(d)(4), substituted ‘‘573, 1407, and 1409’’ for ‘‘337, 363, 573, 837, and 863’’. Pub. L. 103–337, § 1662(h)(2), renumbered section 1007 of this title as this section. 1960—Pub. L. 86–559 inserted ‘‘or serving as United States property and fiscal officers’’ in section catch- line, and inserted provisions in text authorizing reten- tion of reserve commissioned officers who are property and fiscal officers, appointed, designated, or detailed under section 708 of title 32. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and Page 3696 TITLE 10—ARMED FORCES § 12681 special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 1675(d)(4) of Pub. L. 103–337 ef- fective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. CHAPTER 1221—SEPARATION Sec. 12681. Reserves: discharge authority. 12682. Reserves: discharge upon becoming ordained minister of religion. 12683. Reserve officers: limitation on involuntary separation. 12684. Reserves: separation for absence without au- thority or sentence to imprisonment. 12685. Reserves separated for cause: character of discharge. 12686. Reserves on active duty within two years of retirement eligibility: limitation on release from active duty. 12687. Reserves under confinement by sentence of court-martial: separation after six months confinement. Editorial Notes AMENDMENTS 1996—Pub. L. 104–106, div. A, title V, § 563(a)(2)(B), Feb. 10, 1996, 110 Stat. 325, added item 12687. § 12681. Reserves: discharge authority Subject to other provisions of this title, re- serve commissioned officers may be discharged at the pleasure of the President. Other Reserves may be discharged under regulations prescribed by the Secretary concerned. (Added Pub. L. 103–337, div. A, title XVI, § 1662(i)(1), Oct. 5, 1994, 108 Stat. 2997.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 1162(a) of this title, prior to repeal by Pub. L. 103–337, § 1662(i)(2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 1, 1994, except as otherwise pro- vided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title. AVAILABILITY OF TRANSITION ASSISTANCE ADVISORS TO ASSIST MEMBERS OF RESERVE COMPONENTS WHO SERVE ON ACTIVE DUTY FOR MORE THAN 180 CON- SECUTIVE DAYS Pub. L. 112–239, div. A, title V, § 513, Jan. 2, 2013, 126 Stat. 1718, provided that: ‘‘(a) TRANSITION ASSISTANCE ADVISOR PROGRAM AU- THORIZED.—The Chief of the National Guard Bureau may establish a program to provide professionals (to be known as Transition Assistance Advisors) in each State to serve as points of contact to assist eligible members of the reserve components in accessing benefits and health care furnished under laws administered by the Secretary of Defense and benefits and health care fur- nished under laws administered by the Secretary of Veterans Affairs. ‘‘(b) ELIGIBLE MEMBERS.—To be eligible for assistance under this section, a member of a reserve component must have served on active duty in the Armed Forces for a period of more than 180 consecutive days. ‘‘(c) DUTIES.—The duties of a Transition Assistance Advisor include the following: ‘‘(1) To assist with the creation and execution of an individual transition plan for an eligible member of a reserve component and dependents of the member for the reintegration of the member into civilian life. ‘‘(2) To provide employment support services to the member and dependents of the member, including as- sistance with finding employment opportunities and identifying and obtaining assistance from programs within and outside of the Federal Government. ‘‘(3) To provide information on relocation, health care, mental health care, and financial support serv- ices available to the member and dependents of the member from the Department of Defense, the Depart- ment of Veterans Affairs, and other Federal, State, and local agencies. ‘‘(4) To provide information on educational support services available to the member, including Post-9/11 Educational Assistance under chapter 33 of title 38, United States Code. ‘‘(d) TRANSITION PLANS.—The individual transition plan referred to in subsection (c)(1) created for an eligi- ble member of a reserve component shall include at a minimum the following: ‘‘(1) A plan for the transition of the member to ci- vilian life, including with respect to employment, education, and health care. ‘‘(2) A description of the transition services that the member and dependents of the member will need to achieve their transition objectives, including in- formation on any forms that the member will need to fill out to be eligible for such services. ‘‘(3) A point of contact for each agency or entity that can provide the transition services described in paragraph (2). ‘‘(4) Such other information determined to be essen- tial for the transition of the member, as determined by the Chief of the National Guard Bureau in con- sultation with the Secretary of Defense and the Sec- retary of Veterans Affairs. ‘‘(e) FUNDING.—Funding for Transition Assistance Ad- visors for a fiscal year shall be derived from amounts authorized to be appropriated for operation and main- tenance for the National Guard for that fiscal year. ‘‘(f) STATE DEFINED.—In this section, the term ‘State’ means each of the several States of the United States, the District of Columbia, and any territory of the United States.’’ IMPLEMENTATION OF AGREEMENT ON RESTRUCTURING OF ARMY NATIONAL GUARD AND ARMY RESERVE Pub. L. 103–335, title VIII, § 8129, Sept. 30, 1994, 108 Stat. 2652, provided that: ‘‘(a) FINDING.—Congress finds that the implementa- tion of the off-site agreement may result in the loss to the Armed Forces of military personnel who have sig- nificant military experience and expertise. ‘‘(b) REASSIGNMENT OF MEMBERS.—(1) To the max- imum extent practicable, the Secretary of the Army shall ensure that members of the Armed Forces who would otherwise be separated from service as a result of the deactivation of military units of the Army Na- tional Guard and the Army Reserve under the off-site agreement be reassigned instead to units that are not being deactivated. ‘‘(2) The reassignment of a member under paragraph (1) shall not affect the grade or rank in grade of the member. ‘‘(c) REPORTS.—Not later than April 15 and October 15 of each calendar year while the off-site agreement is in effect, the Secretary of the Army shall submit to the congressional defense committees a semi-annual report on the number of members of the Armed Forces who were reassigned under subsection (b)(1) during the pre- ceding six months. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) The term ‘congressional defense committees’ means the Committees on Armed Services and the