116 STAT. 2530 PUBLIC LAW 107-314—DEC. 2, 2002 SEC. 502. EXCLUSION OF CERTAIN OFFICERS FROM LIMITATION ON AUTHORITY TO GRANT A WAIVER OF REQUIRED COMPLE- TION OR SEQUENCING FOR JOINT PROFESSIONAL MILI- TARY EDUCATION. 10 USC 661 note. (a) EXCLUSION FROM LIMITATION.—There shall be excluded from counting for purposes of the 10-percent limitation set forth in the last sentence of section 661(c)(3)(D) of title 10, United States Code (limiting the authority to grant waivers related to sequencing or completion of program of joint professional military education), any officer selected for the joint specialty who— (1) on December 28, 2001, met the requirements of section 661(c) of such title for nomination for the joint specialty, but who had not been nominated for that specialty before that date by the Secretary of the military department concerned; and (2) before the date of the enactment of this Act was automatically nominated for the joint specialty as a result of section 661(b)(2) of such title. (b) TERMINATION.—The provisions of subsection (a) shall terminate on October 1, 2006. (c) CROSS-REFERENCE CORRECTION. — Section 661(c)(3)(E) of title 10, United States Code, is amended by striking "subparagraph" and inserting "paragraph". SEC. 503. EXTENSION AND CODIFICATION OF AUTHORITY FOR RECALL OF RETIRED AVIATORS TO ACTIVE DUTY. (a) IN GENERAL. —(1) Chapter 39 of title 10, United States Code, is amended by inserting after section 688 the following new section: "§688a. Retired aviators: temporary authority to order to active duty "(a) AUTHORITY. — The Secretary of a military department may order to active duty a retired officer having expertise as an aviator to fill staff positions normally filled by aviators on active duty. Any such order may be made only with the consent of the officer ordered to active duty and in accordance with an agreement between the Secretary and the officer. "(b) DURATION.— The period of active duty of an officer under an order to active duty under subsection (a) shall be specified in the agreement entered into under that subsection. "(c) LIMITATION.— No more than a total of 500 officers may be on active duty at any time under subsection (a). "(d) RELATIONSHIP TO OTHER AUTHORITY.— The authority to order a retired officer to active duty under this section is in addition to the authority under section 688 of this title or any other provision of law authorizing the Secretary concerned to order a retired member to active duty. "(e) INAPPLICABILITY OF CERTAIN PROVISIONS. — Officers ordered to active duty under subsection (a) shall not be counted for purposes of section 688 or 690 of this title. "(f) EXPIRATION OF AUTHORITY.—An officer may not be ordered to active duty under this section after September 30, 2008.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 688 the following new item: "688a. Retired aviators: temporary authority to order to active duty.".
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