-CITE-

10 USC CHAPTER 1209 - ACTIVE DUTY 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1209 - ACTIVE DUTY

.

-HEAD-

CHAPTER 1209 - ACTIVE DUTY

-MISC1-

Sec.

12301. Reserve components generally.

12302. Ready Reserve.

12303. Ready Reserve: members not assigned to, or participating

satisfactorily in, units.

12304. Selected Reserve and certain Individual Ready Reserve

members; order to active duty other than during war or national

emergency.

12305. Authority of President to suspend certain laws relating to

promotion, retirement, and separation.

12306. Standby Reserve.

12307. Retired Reserve.

12308. Retention after becoming qualified for retired pay.

12309. Reserve officers: use of in expansion of armed forces.

12310. Reserves: for organizing, administering, etc., reserve

components.

12311. Active duty agreements.

12312. Active duty agreements: release from duty.

12313. Reserves: release from active duty.

12314. Reserves: kinds of duty.

12315. Reserves: duty with or without pay.

12316. Payment of certain Reserves while on duty.

12317. Reserves: theological students; limitations.

12318. Reserves on active duty: duties; funding.

12319. Ready Reserve: muster duty.

12320. Reserve officers: grade in which ordered to active duty.

12321. Reserve Officer Training Corps units: limitation on number

of Reserves assigned.

12322. Active duty for health care.

AMENDMENTS

1999 - Pub. L. 106-65, div. A, title VII, Sec. 705(a)(2), Oct.

5, 1999, 113 Stat. 683, added item 12322.

1997 - Pub. L. 105-85, div. A, title V, Sec. 511(e)(2), Nov. 18,

1997, 111 Stat. 1729, inserted ''and certain Individual Ready

Reserve members'' after ''Selected Reserve'' in item 12304.

1996 - Pub. L. 104-106, div. A, title XV, Sec. 1501(b)(16), Feb.

10, 1996, 110 Stat. 496, substituted a semicolon for a colon in

item 12304 and struck out ''on active duty'' after ''Retention'' in

item 12308.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 672 of this title; title

37 section 205.

-CITE-

10 USC Sec. 12301 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1209 - ACTIVE DUTY

-HEAD-

Sec. 12301. Reserve components generally

-STATUTE-

(a) In time of war or of national emergency declared by Congress,

or when otherwise authorized by law, an authority designated by the

Secretary concerned may, without the consent of the persons

affected, order any unit, and any member not assigned to a unit

organized to serve as a unit, of a reserve component under the

jurisdiction of that Secretary to active duty (other than for

training) for the duration of the war or emergency and for six

months thereafter. However a member on an inactive status list or

in a retired status may not be ordered to active duty under this

subsection unless the Secretary concerned, with the approval of the

Secretary of Defense in the case of the Secretary of a military

department, determines that there are not enough qualified Reserves

in an active status or in the inactive National Guard in the

required category who are readily available.

(b) At any time, an authority designated by the Secretary

concerned may, without the consent of the persons affected, order

any unit, and any member not assigned to a unit organized to serve

as a unit, in an active status in a reserve component under the

jurisdiction of that Secretary to active duty for not more than 15

days a year. However, units and members of the Army National Guard

of the United States or the Air National Guard of the United States

may not be ordered to active duty under this subsection without the

consent of the governor of the State (or, in the case of the

District of Columbia National Guard, the commanding general of the

District of Columbia National Guard).

(c) So far as practicable, during any expansion of the active

armed forces that requires that units and members of the reserve

components be ordered to active duty (other than for training),

members of units organized and trained to serve as units who are

ordered to that duty without their consent shall be so ordered with

their units. However, members of those units may be reassigned

after being ordered to active duty (other than for training).

(d) At any time, an authority designated by the Secretary

concerned may order a member of a reserve component under his

jurisdiction to active duty, or retain him on active duty, with the

consent of that member. However, a member of the Army National

Guard of the United States or the Air National Guard of the United

States may not be ordered to active duty under this subsection

without the consent of the governor or other appropriate authority

of the State concerned.

(e) The period of time allowed between the date when a Reserve

ordered to active duty (other than for training) is alerted for

that duty and the date when the Reserve is required to enter upon

that duty shall be determined by the Secretary concerned based upon

military requirements at that time.

(f) The consent of a Governor described in subsections (b) and

(d) may not be withheld (in whole or in part) with regard to active

duty outside the United States, its territories, and its

possessions, because of any objection to the location, purpose,

type, or schedule of such active duty.

(g)(1) A member of a reserve component may be ordered to active

duty without his consent if the Secretary concerned determines that

the member is in a captive status. A member ordered to active duty

under this section may not be retained on active duty, without his

consent, for more than 30 days after his captive status is

terminated.

(2) The Secretary of Defense shall prescribe regulations to carry

out this section. Such regulations shall apply uniformly among the

armed forces under the jurisdiction of the Secretary. A

determination for the purposes of this subsection that a member is

in a captive status shall be made pursuant to such regulations.

(3) In this section, the term ''captive status'' means the status

of a member of the armed forces who is in a missing status (as

defined in section 551(2) of title 37) which occurs as the result

of a hostile action and is related to the member's military status.

(h)(1) When authorized by the Secretary of Defense, the Secretary

of a military department may, with the consent of the member, order

a member of a reserve component to active duty -

(A) to receive authorized medical care;

(B) to be medically evaluated for disability or other purposes;

or

(C) to complete a required Department of Defense health care

study, which may include an associated medical evaluation of the

member.

(2) A member ordered to active duty under this subsection may,

with the member's consent, be retained on active duty, if the

Secretary concerned considers it appropriate, for medical treatment

for a condition associated with the study or evaluation, if that

treatment of the member is otherwise authorized by law.

(3) A member of the Army National Guard of the United States or

the Air National Guard of the United States may be ordered to

active duty under this subsection only with the consent of the

Governor or other appropriate authority of the State concerned.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 27, Sec. 672; Pub. L. 85-861,

Sec. 1(13), 33(a)(5), Sept. 2, 1958, 72 Stat. 1440, 1564; Pub. L.

96-357, Sec. 6, Sept. 24, 1980, 94 Stat. 1182; Pub. L. 96-584, Sec.

1, Dec. 23, 1980, 94 Stat. 3377; Pub. L. 99-500, Sec. 101(c) (title

IX, Sec. 9122), Oct. 18, 1986, 100 Stat. 1783-82, 1783-127, and

Pub. L. 99-591, Sec. 101(c) (title IX, Sec. 9122), Oct. 30, 1986,

100 Stat. 3341-82, 3341-127; Pub. L. 99-661, div. A, title V, Sec.

522, 524(a), Nov. 14, 1986, 100 Stat. 3871; Pub. L. 100-456, div.

A, title XII, Sec. 1234(a)(1), (2), Sept. 29, 1988, 102 Stat. 2059;

renumbered Sec. 12301 and amended Pub. L. 103-337, div. A, title

XVI, Sec. 1662(e)(2), 1675(c)(1), Oct. 5, 1994, 108 Stat. 2992,

3017; Pub. L. 106-65, div. A, title V, Sec. 512, Oct. 5, 1999, 113

Stat. 592.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

672(a) 672(b) 672(c) 50:961(a). July 9, 1952, ch.

672(d) 50:961(c). 608, Sec. 233 (less

50:961(g). (b) and (f)), 234

50:961(d). 50:962 (1st sentence), 66

(1st sentence). Stat. 489, 490.

672(e) 50:961(e).

-------------------------------

In subsection (a), the word ''hereafter'' is omitted as

surplusage. The words ''there are not enough * * * who are'' are

substituted for the words ''adequate numbers of * * * are not''.

The words ''without the consent of the persons affected'' and

''under the jurisdiction of that Secretary'' are inserted for

clarity. The words ''and the members thereof'' are omitted as

surplusage.

In subsection (b), the words ''without the consent of the persons

affected'' are substituted for the words ''without his consent'',

since units as well as individuals are covered by the revised

subsection. The words ''and the members thereof'', ''and required

to perform'', ''or required to serve on'', and ''in the service of

the United States'' are omitted as surplusage.

In subsections (b) and (d), the words ''active duty for

training'' are omitted as covered by the words ''active duty''.

In subsection (c), the words ''to active duty'' are substituted

for the words ''into the active military service of the United

States'', in 50:961(g) (1st and last sentences). The words ''to

serve'' are substituted for the words ''for the purpose of

serving''. The words ''without their consent'' are substituted for

the word ''involuntarily''. The words ''to that duty'' are

substituted for the words ''into active duty''. The last sentence

of the revised subsection is substituted for 50:961(g) (last

sentence).

In subsection (d), the words ''the consent of that member'' are

substituted for the words ''his consent''. The words ''under his

jurisdiction'' are inserted for clarity. 50:962 (last 15 words of

1st sentence) is omitted as covered by 50:961(d).

In subsection (e), the words ''to active duty (other than for

training)'' are substituted for the words ''into the active

military service of the United States''. The words ''period of''

are omitted as surplusage. The word ''requirements'' is

substituted for the word ''condition'' for clarity.

1958 Act

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

672(a) 50:961(a). Aug. 9, 1955, ch.

665, Sec. 2(e), 69

Stat. 599.

-------------------------------

The word ''hereafter'' is omitted as surplusage. The words

''there are not enough . . . who are'' are substituted for the

words ''adequate numbers of . . . are not''. The words ''without

the consent of the persons affected'' and ''under the jurisdiction

of that Secretary'' are inserted for clarity.

The changes are necessary to reflect section 101(b) of the Armed

Forces Reserve Act of 1952 (50 U.S.C. 901(b)), which defines the

term ''active duty'' to exclude active duty for training. This

definition applied to the source law for these sections (sections

672 and 673), section 233(a), (b)(1), and (c) of the Armed Forces

Reserve Act of 1952 (50 U.S.C. 961(a), (b)(1), (c)).

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC3-

AMENDMENTS

1999 - Subsec. (h). Pub. L. 106-65 added subsec. (h).

1994 - Pub. L. 103-337, Sec. 1662(e)(2), renumbered section 672

of this title as this section.

Subsec. (b). Pub. L. 103-337, Sec. 1675(c)(1)(A), substituted

''(or, in the case of the District of Columbia National Guard, the

commanding general of the District of Columbia National Guard)''

for ''or Territory or Puerto Rico or the commanding general of the

District of Columbia National Guard, as the case may be''.

Subsec. (d). Pub. L. 103-337, Sec. 1675(c)(1)(B), struck out ''or

Territory, Puerto Rico, or the District of Columbia, whichever is''

after ''authority of the State''.

1988 - Subsec. (b). Pub. L. 100-456, Sec. 1234(a)(2), substituted

''or Puerto Rico'' for '', Puerto Rico, or the Canal Zone,''.

Subsec. (d). Pub. L. 100-456, Sec. 1234(a)(1), struck out ''the

Canal Zone,'' after ''Puerto Rico,''.

1986 - Subsec. (f). Pub. L. 99-500 and Pub. L. 99-591, Sec.

101(c) (Sec. 9122), Pub. L. 99-661, Sec. 522, amended section

identically adding subsec. (f).

Subsec. (g). Pub. L. 99-661, Sec. 524(a), added subsec. (g).

1980 - Subsec. (a). Pub. L. 96-357 struck out cl. (1) designation

for second sentence and cl. (2) prohibition against ordering a

member of the Standby Reserve to active duty unless the Director of

Selective Service determined that the member was available for

active duty.

Subsec. (e). Pub. L. 96-584 substituted provisions respecting

determination of the allowable time in terms of military

requirements for provisions authorizing a reasonable time.

1958 - Subsec. (a). Pub. L. 85-861, Sec. 1(13), 33(a)(5),

inserted ''(other than for training)'' after ''active duty'',

substituted ''inactive National Guard'' for ''inactive Army

National Guard or in the inactive Air National Guard'', and

inserted provisions prohibiting a member of the Standby Reserve

from being ordered to active duty under this subsection unless the

Director of Selective Service determines that the member is

available for active duty.

Subsec. (c). Pub. L. 85-861, Sec. 33(a)(5), inserted ''(other

than for training)'' after ''active duty''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 524(b) of Pub. L. 99-661 provided that: ''Section 672(g)

(now 12301(g)) of title 10, United States Code, as added by

subsection (a), does not authorize a member of a reserve component

to be ordered to active duty for a period before the date of the

enactment of this Act (Nov. 14, 1986).''

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by section 33(a)(5) of Pub. L. 85-861 effective Aug.

10, 1956, see section 33(g) of Pub. L. 85-861, set out as a note

under section 101 of this title.

RULE OF CONSTRUCTION FOR DUPLICATE AUTHORIZATION AND APPROPRIATION

PROVISIONS OF PUBLIC LAWS 99-500, 99-591, AND 99-661

For rule of construction for certain duplicate provisions of

Public Laws 99-500, 99-591, and 99-661, see Pub. L. 100-26, Sec. 6,

Apr. 21, 1987, 101 Stat. 274, set out as a note under section 2302

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 101, 523, 582, 641, 672,

10142, 10151, 10215, 12305, 12306, 12307, 12310, 12408, 12686,

16131, 16133 of this title; title 5 section 6323; title 38 sections

3011, 3013, 3103, 3105, 3231, 3511, 3512, 4211, 4312; title 50 App.

section 592.

-CITE-

10 USC Sec. 12302 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1209 - ACTIVE DUTY

-HEAD-

Sec. 12302. Ready Reserve

-STATUTE-

(a) In time of national emergency declared by the President after

January 1, 1953, or when otherwise authorized by law, an authority

designated by the Secretary concerned may, without the consent of

the persons concerned, order any unit, and any member not assigned

to a unit organized to serve as a unit, in the Ready Reserve under

the jurisdiction of that Secretary to active duty (other than for

training) for not more than 24 consecutive months.

(b) To achieve fair treatment as between members in the Ready

Reserve who are being considered for recall to duty without their

consent, consideration shall be given to -

(1) the length and nature of previous service, to assure such

sharing of exposure to hazards as the national security and

military requirements will reasonably allow;

(2) family responsibilities; and

(3) employment necessary to maintain the national health,

safety, or interest.

The Secretary of Defense shall prescribe such policies and

procedures as he considers necessary to carry out this subsection.

He shall report on those policies and procedures at least once a

year to the Committee on Armed Services of the Senate and the

Committee on Armed Services of the House of Representatives.

(c) Not more than 1,000,000 members of the Ready Reserve may be

on active duty (other than for training), without their consent,

under this section at any one time.

(d) Whenever one or more units of the Ready Reserve are ordered

to active duty, the President shall, on the first day of the second

fiscal year quarter immediately following the quarter in which the

first unit or units are ordered to active duty and on the first day

of each succeeding six-month period thereafter, so long as such

unit is retained on active duty, submit a report to the Congress

regarding the necessity for such unit or units being ordered to and

retained on active duty. The President shall include in each such

report a statement of the mission of each such unit ordered to

active duty, an evaluation of such unit's performance of that

mission, where each such unit is being deployed at the time of the

report, and such other information regarding each unit as the

President deems appropriate.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 28, Sec. 673; Pub. L. 85-861,

Sec. 1(14), 33(a)(5), Sept. 2, 1958, 72 Stat. 1441, 1564; Pub. L.

93-155, title III, Sec. 303(a), Nov. 16, 1973, 87 Stat. 607;

renumbered Sec. 12302, Pub. L. 103-337, div. A, title XVI, Sec.

1662(e)(2), Oct. 5, 1994, 108 Stat. 2992; Pub. L. 104-106, div. A,

title XV, Sec. 1502(a)(2), Feb. 10, 1996, 110 Stat. 502; Pub. L.

106-65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat.

774.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

673(a) 673(b) 50:961(b)(1). July 9, 1952, ch.

50:961(b)(2). 608, Sec. 233(b),

66 Stat. 489.

-------------------------------

In subsection (a), the words ''after January 1, 1953'' are

substituted for the word ''hereafter'', to reflect the effective

date of the source statute. The words ''without the consent of the

persons concerned'' are substituted for the word ''involuntarily''.

The words ''under the jurisdiction of that Secretary'' are

inserted for clarity. The last sentence of the revised subsection

is substituted for 50:961(b)(1) (proviso). The words ''and the

members thereof'' and ''and required to perform'' are omitted as

surplusage.

In subsection (b), the words ''to achieve'' are substituted for

the words ''in the interest of''. The words ''without their

consent'' are substituted for the word ''involuntarily''. The words

''who are being considered for'' are inserted for clarity. The

words ''prescribe such policies and procedures'' are substituted

for the words ''promulgate such policies and establish such

procedures''. The words ''as he considers necessary'' are

substituted for the words ''as may be required in his opinion''.

The words ''this subsection'' are substituted for the words ''our

intent here declared''. The words ''at least once a year'' are

substituted for the words ''from time to time, and at least

annually''. The words ''Senate and the House of Representatives''

are substituted for the word ''Congress''. 50:961(b)(2) (1st 18

words) is omitted as surplusage. The words ''with the objective''

and ''found to be'' are omitted as surplusage.

1958 Act

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

673(a) 673(c) 50:961(b)(1) (less Aug. 9, 1955, ch.

pr 665, Sec. 2(f), 69

oviso).50:961(b)(1) Stat. 599.

(proviso)

-------------------------------

In subsection (c), the words ''on active duty (other than for

training)'' are substituted for the words ''may be required to

perform active duty'' for clarity. The words ''without their

consent'' are substituted for the word ''involuntarily''. The words

''of all reserve components'' and ''unless the Congress shall have

authorized the exercise of the authority contained in this

subsection'' are omitted as surplusage.

The changes are necessary to reflect section 101(b) of the Armed

Forces Reserve Act of 1952 (50 U.S.C. 901(b)), which defines the

term ''active duty'' to exclude active duty for training. This

definition applied to the source law for these sections (sections

672 and 673), section 233(a), (b)(1), and (c) of the Armed Forces

Reserve Act of 1952 (50 U.S.C. 961(a), (b)(1), (c)).

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-65 substituted ''and the

Committee on Armed Services'' for ''and the Committee on National

Security'' in concluding provisions.

1996 - Subsec. (b). Pub. L. 104-106 substituted ''Committee on

Armed Services of the Senate and the Committee on National Security

of the House of Representatives'' for ''Committees on Armed

Services of the Senate and the House of Representatives''.

1994 - Pub. L. 103-337 renumbered section 673 of this title as

this section.

1973 - Subsec. (d). Pub. L. 93-155 added subsec. (d).

1958 - Subsec. (a). Pub. L. 85-861, Sec. 1(14)(A), 33(a)(5),

inserted ''(other than for training)'' after ''active duty'', and

struck out provisions that made subsection inapplicable unless

Congress determined how many members of the reserve components were

necessary, in the interest of national security, to be ordered to

active duty.

Subsec. (c). Pub. L. 85-861, Sec. 1(14)(B), added subsec. (c).

EFFECTIVE DATE OF 1973 AMENDMENT

Section 303(b) of Pub. L. 93-155 provided that: ''The amendment

made by subsection (a) of this section (amending this section)

shall be effective with respect to any unit of the Ready Reserve

ordered to active duty on or after the date of enactment of this

Act (Nov. 16, 1973).''

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by section 33(a)(5) of Pub. L. 85-861 effective Aug.

10, 1956, see section 33(g) of Pub. L. 85-861, set out as a note

under section 101 of this title.

-EXEC-

EX. ORD. NO. 12743. ORDERING READY RESERVE OF ARMED FORCES TO

ACTIVE DUTY

Ex. Ord. No. 12743, Jan. 18, 1991, 56 F.R. 2661, as amended by

Ex. Ord. No. 13286, Sec. 35, Feb. 28, 2003, 68 F.R. 10625,

provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the

National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301

of title 3 of the United States Code; in furtherance of Executive

Order No. 12722, dated August 2, 1990 (50 U.S.C. 1701 note), which

declared a national emergency to address the threat to the national

security and foreign policy of the United States posed by the

invasion of Kuwait by Iraq; and, in accordance with the

requirements contained in section 301 of the National Emergencies

Act, 50 U.S.C. 1631, I hereby order as follows:

Section 1. To provide additional authority to the Department of

Defense and the Department of Homeland Security to respond to the

continuing threat posed by Iraq's invasion of Kuwait, the authority

under section 673 (now 12302) of title 10, United States Code, to

order any unit, and any member not assigned to a unit organized to

serve as a unit, in the Ready Reserve to active duty (other than

for training) for not more than 24 consecutive months, is invoked

and made available, according to its terms, to the Secretary

concerned, subject, in the case of the Secretaries of the Army,

Navy, and Air Force, to the direction of the Secretary of Defense.

The term ''Secretary concerned'' is defined in section 101(8) (now

101(9)) of title 10, United States Code, to mean the Secretary of

the Army with respect to the Army; the Secretary of the Navy with

respect to the Navy, the Marine Corps, and the Coast Guard when it

is operating as a service in the Navy; the Secretary of the Air

Force with respect to the Air Force; and, the Secretary of Homeland

Security with respect to the Coast Guard when it is not operating

as a service in the Navy.

Sec. 2. To allow for the orderly administration of personnel

within the armed forces, the authority vested in the President by

section 527 of title 10, United States Code, to suspend the

operation of sections 523-526 (524 now 12011) of title 10, United

States Code, regarding officer strength and officer distribution in

grade, is invoked to the full extent provided by the terms thereof.

Sec. 3. To allow for the orderly administration of personnel

within the armed forces, the authority vested in the President by

section 644 (see 123) of title 10, United States Code, to suspend

the operation of any provision of law relating to the promotion,

involuntary retirement, or separation of commissioned officers of

the Army, Navy, Air Force, or Marine Corps, is invoked to the full

extent provided by the terms thereof.

Sec. 4. The Secretary of Defense is hereby designated and

empowered, without the approval, ratification, or other action by

the President, to exercise the authority vested in the President by

sections 527 and 644 (see 123) of title 10, United States Code, as

invoked by sections 2 and 3 of this order, to suspend the operation

of certain provisions of law.

Sec. 5. The authorities delegated by sections 1 and 4 of this

order may be redelegated and further subdelegated to civilian

subordinates who are appointed to their offices by the President,

by and with the advice and consent of the Senate.

Sec. 6. This order is intended to improve the internal management

of the executive branch, and is not intended to create any right or

benefit, substantive or procedural, enforceable at law by a party

against the United States, its agencies, its officers, or any

person.

Sec. 7. This order is effective immediately, and shall be

transmitted to the Congress and published in the Federal Register.

EX. ORD. NO. 13223. ORDERING THE READY RESERVE OF THE ARMED FORCES

TO ACTIVE DUTY AND DELEGATING CERTAIN AUTHORITIES TO THE SECRETARY

OF DEFENSE AND THE SECRETARY OF HOMELAND SECURITY

Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, as amended by

Ex. Ord. No. 13253, Jan. 16, 2002, 67 F.R. 2791; Ex. Ord. No.

13286, Sec. 9, Feb. 28, 2003, 68 F.R. 10622, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the

National Emergencies Act (50 U.S.C. 1601 et seq.) and section 301

of title 3, United States Code, and in furtherance of the

proclamation of September 14, 2001, Declaration of National

Emergency by Reason of Certain Terrorist Attacks (Proc. No. 7463,

50 U.S.C. 1621 note), which declared a national emergency by reason

of the terrorist attacks on the World Trade Center, New York, New

York, and the Pentagon, and the continuing and immediate threat of

further attacks on the United States, I hereby order as follows:

Section 1. To provide additional authority to the Department of

Defense and the Department of Transportation (Homeland Security) to

respond to the continuing and immediate threat of further attacks

on the United States, the authority under title 10, United States

Code, to order any unit, and any member of the Ready Reserve not

assigned to a unit organized to serve as a unit, in the Ready

Reserve to active duty for not more than 24 consecutive months, is

invoked and made available, according to its terms, to the

Secretary concerned, subject in the case of the Secretaries of the

Army, Navy, and Air Force, to the direction of the Secretary of

Defense. The term ''Secretary concerned'' is defined in section

101(a)(9) of title 10, United States Code, to mean the Secretary of

the Army with respect to the Army; the Secretary of the Navy with

respect to the Navy, the Marine Corps, and the Coast Guard when it

is operating as a service in the Navy; the Secretary of the Air

Force with respect to the Air Force; and the Secretary of Homeland

Security with respect to the Coast Guard when it is not operating

as a service in the Navy.

Sec. 2. To allow for the orderly administration of personnel

within the armed forces, the following authorities vested in the

President are hereby invoked to the full extent provided by the

terms thereof: section 527 of title 10, United States Code, to

suspend the operation of sections 523, 525, and 526 of that title,

regarding officer and warrant officer strength and distribution;

and sections 123, 123a, and 12006 of title 10, United States Code,

to suspend certain laws relating to promotion, involuntary

retirement, and separation of commissioned officers; end strength

limitations; and Reserve component officer strength limitations.

Sec. 3. To allow for the orderly administration of personnel

within the armed forces, the authorities vested in the President by

sections 331, 359, and 367 of title 14, United States Code,

relating to the authority to order to active duty certain officers

and enlisted members of the Coast Guard and to detain enlisted

members, are invoked to the full extent provided by the terms

thereof.

Sec. 4. The Secretary of Defense is hereby designated and

empowered, without the approval, ratification, or other action by

the President, to exercise the authority vested in the President by

sections 123, 123a, 527, and 12006 of title 10, United States Code,

as invoked by sections 2 and 3 of this order.

Sec. 5. The Secretary of Homeland Security is hereby designated

and empowered, without the approval, ratification, or other action

by the President, to exercise the authority vested in sections 331,

359, and 367 of title 14, United States Code, when the Coast Guard

is not serving as part of the Navy, as invoked by section 2 of this

order, to recall any regular officer or enlisted member on the

retired list to active duty and to detain any enlisted member

beyond the term of his or her enlistment. The Secretary of

Homeland Security is further designated and empowered, without the

approval, ratification or any other action by the President, to

exercise the authority vested in the President by sections 123 and

123a of title 10, United States Code, and sections 149 (detail

members to assist foreign governments), 275(a) (suspension of

provisions on selection, promotion, or involuntary separation of

officers), and 722 (administration of reserve forces) of title 14,

United States Code, as invoked by section 2 of Executive Order

13223.

Sec. 6. The authority delegated by this order to the Secretary of

Defense and the Secretary of Homeland Security may be redelegated

and further subdelegated to civilian subordinates who are appointed

to their offices by the President, by and with the advice and

consent of the Senate.

Sec. 7. Based upon my determination under 10 U.S.C. 2201(c) that

it is necessary to increase (subject to limits imposed by law) the

number of members of the armed forces on active duty for the

Department of Defense beyond the number for which funds are

provided in the appropriation Act for the Department of Defense,

which, by virtue of 14 U.S.C. 652, applies to the Department of

Homeland Security with respect to the Coast Guard, the Secretary of

Defense and the Secretary of Homeland Security may provide for the

cost of such additional members under their respective

jurisdictions as an excepted expense under section 11(a) of title

41, United States Code.

Sec. 8. This order is intended only to improve the internal

management of the executive branch, and is not intended to create

any right or benefit, substantive or procedural, enforceable at law

by a party against the United States, its agencies, its officers,

or any person.

Sec. 9. This order is effective immediately and shall be promptly

transmitted to the Congress and published in the Federal Register.

George W. Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 101, 115, 10142, 12304,

12305, 12318, 12408, 16131, 16133 of this title; title 38 sections

3011, 3013, 3103, 3105, 3231, 3511, 3512, 4211, 4312; title 50 App.

section 592.

-CITE-

10 USC Sec. 12303 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1209 - ACTIVE DUTY

-HEAD-

Sec. 12303. Ready Reserve; members not assigned to, or

participating satisfactorily in, units

-STATUTE-

(a) Notwithstanding any other provision of law, the President may

order to active duty any member of the Ready Reserve of an armed

force who -

(1) is not assigned to, or participating satisfactorily in, a

unit of the Ready Reserve;

(2) has not fulfilled his statutory reserve obligation; and

(3) has not served on active duty for a total of 24 months.

(b) A member who is ordered to active duty under this section may

be required to serve on active duty until his total service on

active duty equals 24 months. If his enlistment or other period of

military service would expire before he has served the required

period under this section, it may be extended until he has served

the required period.

(c) To achieve fair treatment among members of the Ready Reserve

who are being considered for active duty under this section,

appropriate consideration shall be given to -

(1) family responsibilities; and

(2) employment necessary to maintain the national health,

safety, or interest.

-SOURCE-

(Added Pub. L. 90-40, Sec. 6(1), June 30, 1967, 81 Stat. 105, Sec.

673a; renumbered Sec. 12303, Pub. L. 103-337, div. A, title XVI,

Sec. 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-337 renumbered section 673a of this title as

this section.

-EXEC-

EX. ORD. NO. 11366. AUTHORIZATION TO ORDER READY RESERVE TO ACTIVE

DUTY; EXTENSION OF MILITARY SERVICE

Ex. Ord. No. 11366, Aug. 4, 1967, 32 F.R. 11411, as amended by

Ex. Ord. No. 13286, Sec. 64, Feb. 28, 2003, 68 F.R. 10629,

provided:

By virtue of the authority vested in me by section 673a (now

12303) of title 10 of the United States Code, and by section 301 of

title 3 of the United States Code, and as President of the United

States, it is hereby ordered as follows:

Section 1. (a) The Secretary of Defense is hereby authorized and

empowered to exercise the authority vested in the President by

section 673a (now 12303) of title 10 of the United States Code, to

order to active duty any member of the Ready Reserve of an armed

force (except the Coast Guard when not operating as a service in

the Navy) who -

(1) is not assigned to, or participating satisfactorily in, a

unit of the Ready Reserve;

(2) has not fulfilled his statutory reserve obligation; and

(3) has not served on active duty for a total of 24 months.

(b) In pursuance of the provisions of section 673a (now 12303) of

title 10 of the United States Code, the Secretary of Defense is

hereby authorized to require a member ordered to active duty under

the authority of this Order to serve on active duty until his total

service on active duty equals 24 months. If the enlistment or

period of military service of a member of the Ready Reserve ordered

to active duty under this authority would expire before he has

served the required period of active duty prescribed herein, his

enlistment or period of military service may be extended until he

has served the required period.

(c) In pursuance of the provisions of section 673a (now 12303) of

title 10 of the United States Code, and in order to achieve fair

treatment among members of the Ready Reserve who are being

considered for active duty under this authority, appropriate

consideration shall be given to -

(1) family responsibilities; and

(2) employment necessary to maintain the national health,

safety, or interest.

Sec. 2. The Secretary of Homeland Security is hereby authorized

and empowered to exercise the authority vested in the President by

section 673a (now 12303) of the title 10 of the United States Code,

with respect to any member of the Ready Reserve of the Coast Guard

when it is not operating as a service in the Navy, under the same

conditions as such authority may be exercised by the Secretary of

Defense under this Order with respect to any member of the Ready

Reserve of any other armed force.

Sec. 3. (a) The Secretary of Defense may designate any of the

Secretaries of the military departments of the Department of

Defense to exercise the authority vested in him by section 1 of

this Order.

(b) The Secretary of Homeland Security may designate the

Commandant of the United States Coast Guard to exercise the

authority vested in him by section 2 of this Order.

Sec. 4. Executive Order No. 11327 of February 15, 1967, is

superseded except with respect to members of the Ready Reserve

ordered to active duty under the authority of that Order.

EX. ORD. NO. 11406. ASSIGNING AUTHORITY TO ORDER READY RESERVE TO

ACTIVE DUTY

Ex. Ord. No. 11406, Apr. 10, 1968, 33 F.R. 5735, authorized

Secretary of Defense and, when designated by him, any of

Secretaries of military departments of Department of Defense to

exercise authority vested in President until June 30, 1968 by

paragraph (e) of title I of the Department of Defense Appropriation

Act, 1967 (80 Stat. 981) to order any unit in the Ready Reserve to

active duty for a period not to exceed 24 months.

-CITE-

10 USC Sec. 12304 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1209 - ACTIVE DUTY

-HEAD-

Sec. 12304. Selected Reserve and certain Individual Ready Reserve

members; order to active duty other than during war or national

emergency

-STATUTE-

(a) Authority. - Notwithstanding the provisions of section

12302(a) or any other provision of law, when the President

determines that it is necessary to augment the active forces for

any operational mission or that it is necessary to provide

assistance referred to in subsection (b), he may authorize the

Secretary of Defense and the Secretary of Homeland Security with

respect to the Coast Guard when it is not operating as a service in

the Navy, without the consent of the members concerned, to order

any unit, and any member not assigned to a unit organized to serve

as a unit of the Selected Reserve (as defined in section 10143(a)

of this title), or any member in the Individual Ready Reserve

mobilization category and designated as essential under regulations

prescribed by the Secretary concerned, under their respective

jurisdictions, to active duty (other than for training) for not

more than 270 days.

(b) Support for Responses to Certain Emergencies. - The authority

under subsection (a) includes authority to order a unit or member

to active duty to provide assistance in responding to an emergency

involving -

(1) a use or threatened use of a weapon of mass destruction; or

(2) a terrorist attack or threatened terrorist attack in the

United States that results, or could result, in catastrophic loss

of life or property.

(c) Limitations. - (1) No unit or member of a reserve component

may be ordered to active duty under this section to perform any of

the functions authorized by chapter 15 or section 12406 of this

title or, except as provided in subsection (b), to provide

assistance to either the Federal Government or a State in time of a

serious natural or manmade disaster, accident, or catastrophe.

(2) Not more than 200,000 members of the Selected Reserve and the

Individual Ready Reserve may be on active duty under this section

at any one time, of whom not more than 30,000 may be members of the

Individual Ready Reserve.

(d) Exclusion From Strength Limitations. - Members ordered to

active duty under this section shall not be counted in computing

authorized strength in members on active duty or members in grade

under this title or any other law.

(e) Policies and Procedures. - The Secretary of Defense and the

Secretary of Homeland Security shall prescribe such policies and

procedures for the armed forces under their respective

jurisdictions as they consider necessary to carry out this section.

(f) Notification of Congress. - Whenever the President authorizes

the Secretary of Defense or the Secretary of Homeland Security to

order any unit or member of the Selected Reserve or Individual

Ready Reserve to active duty, under the authority of subsection

(a), he shall, within 24 hours after exercising such authority,

submit to Congress a report, in writing, setting forth the

circumstances necessitating the action taken under this section and

describing the anticipated use of these units or members.

(g) Termination of Duty. - Whenever any unit of the Selected

Reserve or any member of the Selected Reserve not assigned to a

unit organized to serve as a unit, or any member of the Individual

Ready Reserve, is ordered to active duty under authority of

subsection (a), the service of all units or members so ordered to

active duty may be terminated by -

(1) order of the President, or

(2) law.

(h) Relationship to War Powers Resolution. - Nothing contained in

this section shall be construed as amending or limiting the

application of the provisions of the War Powers Resolution (50

U.S.C. 1541 et seq.).

(i) Definitions. - In this section:

(1) The term ''Individual Ready Reserve mobilization category''

means, in the case of any reserve component, the category of the

Individual Ready Reserve described in section 10144(b) of this

title.

(2) The term ''weapon of mass destruction'' has the meaning

given that term in section 1403 of the Defense Against Weapons of

Mass Destruction Act of 1996 (50 U.S.C. 2302(1)).

-SOURCE-

(Added Pub. L. 94-286, Sec. 1, May 14, 1976, 90 Stat. 517, Sec.

673b; amended Pub. L. 96-584, Sec. 2, Dec. 23, 1980, 94 Stat. 3377;

Pub. L. 97-295, Sec. 1(9), Oct. 12, 1982, 96 Stat. 1289; Pub. L.

99-661, div. A, title V, Sec. 521, Nov. 14, 1986, 100 Stat. 3870;

renumbered Sec. 12304 and amended, Pub. L. 103-337, div. A, title

V, Sec. 511(a), title XVI, Sec. 1662(e)(2), 1675(c)(2), Oct. 5,

1994, 108 Stat. 2752, 2992, 3017; Pub. L. 105-85, div. A, title V,

Sec. 511(b)-(e)(1), Nov. 18, 1997, 111 Stat. 1728, 1729; Pub. L.

105-261, div. A, title V, Sec. 511(a), Oct. 17, 1998, 112 Stat.

2005; Pub. L. 107-296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002,

116 Stat. 2314; Pub. L. 107-314, div. A, title V, Sec. 514(a),

Dec. 2, 2002, 116 Stat. 2539.)

-REFTEXT-

REFERENCES IN TEXT

The War Powers Resolution, referred to in subsec. (h), is Pub. L.

93-148, Nov. 7, 1973, 87 Stat. 555, which is classified generally

to chapter 33 (Sec. 1541 et seq.) of Title 50, War and National

Defense. For complete classification of this Resolution to the

Code, see Short Title note set out under section 1541 of Title 50

and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

Subsec. (b). Pub. L. 107-314 substituted ''involving -

''(1) a use or threatened use of a weapon of mass destruction;

or

''(2) a terrorist attack or threatened terrorist attack in the

United States that results, or could result, in catastrophic loss

of life or property.''

for ''involving a use or threatened use of a weapon of mass

destruction.''

Subsecs. (e), (f). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

1998 - Subsec. (a). Pub. L. 105-261, Sec. 511(a)(1)(A), (3)(A),

inserted heading and inserted ''or that it is necessary to provide

assistance referred to in subsection (b)'' after ''operational

mission'' in text.

Subsec. (b). Pub. L. 105-261, Sec. 511(a)(1)(D), added subsec.

(b). Former subsec. (b) redesignated subsec. (c)(1).

Subsec. (c). Pub. L. 105-261, Sec. 511(a)(1)(B), (C),

redesignated subsec. (b) as par. (1) of subsec. (c), inserted

subsec. heading, substituted ''or, except as provided in subsection

(b), to provide'' for '', or to provide'', and redesignated former

subsec. (c) as par. (2).

Subsecs. (d) to (h). Pub. L. 105-261, Sec. 511(a)(3)(B)-(F),

inserted headings.

Subsec. (i). Pub. L. 105-261, Sec. 511(a)(2), amended subsec. (i)

generally. Prior to amendment, subsec. (i) read as follows: ''For

purposes of this section, the term 'Individual Ready Reserve

mobilization category' means, in the case of any reserve component,

the category of the Individual Ready Reserve described in section

10144(b) of this title.''

1997 - Pub. L. 105-85, Sec. 511(e)(1), inserted ''and certain

Individual Ready Reserve members'' after ''Selected Reserve'' in

section catchline.

Subsec. (a). Pub. L. 105-85, Sec. 511(b), inserted ''or any

member in the Individual Ready Reserve mobilization category and

designated as essential under regulations prescribed by the

Secretary concerned,'' after ''of this title),''.

Subsec. (c). Pub. L. 105-85, Sec. 511(c), inserted ''and the

Individual Ready Reserve'' after ''Selected Reserve'' and '', of

whom not more than 30,000 may be members of the Individual Ready

Reserve'' before period at end.

Subsec. (f). Pub. L. 105-85, Sec. 511(d)(1), inserted ''or

Individual Ready Reserve'' after ''Selected Reserve''.

Subsec. (g). Pub. L. 105-85, Sec. 511(d)(2), inserted '', or any

member of the Individual Ready Reserve,'' after ''to serve as a

unit'' in introductory provisions.

Subsec. (i). Pub. L. 105-85, Sec. 511(d)(3), added subsec. (i).

1994 - Pub. L. 103-337, Sec. 1662(e)(2), renumbered section 673b

of this title as this section.

Subsec. (a). Pub. L. 103-337, Sec. 1675(c)(2)(A), (B),

substituted ''12302(a)'' for ''673(a)'' and ''10143(a)'' for

''268(b)''.

Pub. L. 103-337, Sec. 511(a)(1), substituted ''270 days'' for

''90 days''.

Subsec. (b). Pub. L. 103-337, Sec. 1675(c)(2)(C), substituted

''12406'' for ''3500 or 8500''.

Subsec. (i). Pub. L. 103-337, Sec. 511(a)(2), struck out subsec.

(i) which read as follows: ''When a unit of the Selected Reserve,

or a member of the Selected Reserve not assigned to a unit

organized to serve as a unit of the Selected Reserve, is ordered to

active duty under this section and the President determines that an

extension of the service of such unit or member on active duty is

necessary in the interests of national security, he may authorize

the Secretary of Defense and the Secretary of Transportation with

respect to the Coast Guard when it is not operating as a service in

the Navy to extend the period of such order to active duty for a

period of not more than 90 additional days. Whenever the President

exercises his authority under this subsection, he shall immediately

notify Congress of such action and shall include in the

notification a statement of reasons for the action. Nothing in

this subsection shall be construed as limiting the authorities to

terminate the service of units or members ordered to active duty

under this section under subsection (g).''

1986 - Subsec. (b). Pub. L. 99-661, Sec. 521(c)(1), substituted

''reserve component'' for ''Reserve component''.

Subsec. (c). Pub. L. 99-661, Sec. 521(a), substituted ''200,000''

for ''100,000''.

Subsec. (e). Pub. L. 99-661, Sec. 521(c)(2), substituted ''armed

forces'' for ''Armed Forces''.

Subsec. (f). Pub. L. 99-661, Sec. 521(c)(3), substituted

''Congress'' for ''the Speaker of the House of Representatives and

to the President pro tempore of the Senate''.

Subsec. (g)(2). Pub. L. 99-661, Sec. 521(c)(4), substituted

''law'' for ''a concurrent resolution of the Congress''.

Subsec. (i). Pub. L. 99-661, Sec. 521(b), added subsec. (i).

1982 - Subsec. (h). Pub. L. 97-295 inserted ''(50 U.S.C. 1541 et

seq.)'' after ''the War Powers Resolution''.

1980 - Subsec. (c). Pub. L. 96-584 substituted ''100,000'' for

''50,000''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by sections 1662(e)(2) and 1675(c)(2) of Pub. L.

103-337 effective Dec. 1, 1994, except as otherwise provided, see

section 1691 of Pub. L. 103-337, set out as an Effective Date note

under section 10001 of this title.

ORDERS TO ACTIVE DUTY FOR SELECTED RESERVE COMBAT UNITS INVOLVED IN

OPERATION DESERT SHIELD; EXTENSIONS OF TIME FOR FISCAL YEAR 1991

Pub. L. 101-511, title VIII, Sec. 8132, Nov. 5, 1990, 104 Stat.

1908, provided that, during fiscal year 1991, the President, in

authorizing under this section the order to active duty of units

and members of the Selected Reserve, could use that authority in

the case of orders to active duty in support of operations in and

around the Arabian Peninsula and Operation Desert Shield as if

''180'' were substituted for ''90'' in subsecs. (a) and (i) of this

section.

-EXEC-

EX. ORD. NO. 12727. ORDERING SELECTED RESERVE OF ARMED FORCES TO

ACTIVE DUTY

Ex. Ord. No. 12727, Aug. 22, 1990, 55 F.R. 35027, as amended by

Ex. Ord. No. 13286, Sec. 39, Feb. 28, 2003, 68 F.R. 10626,

provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including sections

121 and 673b (now 12304) of title 10 of the United States Code, I

hereby determine that it is necessary to augment the active armed

forces of the United States for the effective conduct of

operational missions in and around the Arabian Peninsula. Further,

under the stated authority, I hereby authorize the Secretary of

Defense, and the Secretary of Homeland Security with respect to the

Coast Guard when the latter is not operating as a service in the

Department of the Navy, to order to active duty units and

individual members not assigned to units, of the Selected Reserve.

This order is intended only to improve the internal management of

the executive branch, and is not intended to create any right or

benefit, substantive or procedural, enforceable at law by a party

against the United States, its agencies, its officers, or any

person.

This order shall be published in the Federal Register and

transmitted promptly to the Congress.

EX. ORD. NO. 12733. AUTHORIZING EXTENSION OF PERIOD OF ACTIVE DUTY

OF PERSONNEL OF SELECTED RESERVE OF ARMED FORCES

Ex. Ord. No. 12733, Nov. 13, 1990, 55 F.R. 47837, as amended by

Ex. Ord. No. 13286, Sec. 37, Feb. 28, 2003, 68 F.R. 10626,

provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including sections

121 and 673b(i) (673b now 12304) of title 10 of the United States

Code, I hereby determine that, in the interests of national

security, extending the period of active duty is necessary for the

following: units of the Selected Reserve, and members of the

Selected Reserve not assigned to a unit organized to serve as a

unit of the Selected Reserve, now serving on or hereafter ordered

to active duty pursuant to section 673b(a) (now 12304(a)) of title

10 of the United States Code and Executive Order No. 12727 of

August 22, 1990 (set out above). Further, under the stated

authority, I hereby authorize the Secretary of Defense, and the

Secretary of Homeland Security with respect to the Coast Guard when

the latter is not operating as a service in the Department of the

Navy, to extend the period of active duty of such units and members

of the Selected Reserve.

This order is intended only to improve the internal management of

the executive branch, and is not intended to create any right or

benefit, substantive or procedural, enforceable at law by a party

against the United States, its agencies, its officers, or any

person.

This order shall be published in the Federal Register and

transmitted promptly to the Congress.

EX. ORD. NO. 12927. ORDERING SELECTED RESERVE OF ARMED FORCES TO

ACTIVE DUTY

Ex. Ord. No. 12927, Sept. 15, 1994, 59 F.R. 47781, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including sections

121 and 673b (now 12304) of title 10 of the United States Code, I

hereby determine that it is necessary to augment the active armed

forces of the United States for the effective conduct of

operational missions to restore the civilian government in Haiti.

Further, under the stated authority, I hereby authorize the

Secretary of Defense, and the Secretary of Transportation with

respect to the Coast Guard when it is not operating as a service in

the Department of the Navy, to order to active duty any units, and

any individual members not assigned to a unit organized to serve as

a unit, of the Selected Reserve.

This order is intended only to improve the internal management of

the executive branch, and is not intended to create any right or

benefit, substantive or procedural, enforceable at law by a party

against the United States, its agencies, its officers, or any

person.

This order is effective immediately and shall be published in the

Federal Register and transmitted to the Congress.

William J. Clinton.

EX. ORD. NO. 12982. ORDERING SELECTED RESERVE OF ARMED FORCES TO

ACTIVE DUTY

Ex. Ord. No. 12982, Dec. 8, 1995, 60 F.R. 63895, as amended by

Ex. Ord. No. 13286, Sec. 21, Feb. 28, 2003, 68 F.R. 10624,

provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including sections

121 and 12304 of title 10, United States Code, I hereby determine

that it is necessary to augment the active armed forces of the

United States for the effective conduct of operations in and around

former Yugoslavia. Further, under the stated authority, I hereby

authorize the Secretary of Defense, and the Secretary of Homeland

Security with respect to the Coast Guard when it is not operating

as a service in the Department of the Navy, to order to active duty

any units, and any individual members not assigned to a unit

organized to serve as a unit, of the Selected Reserve.

This order is intended only to improve the internal management of

the executive branch and is not intended to create any right or

benefit, substantive or procedural, enforceable at law by a party

against the United States, its agencies, its officers, or any

person.

This order shall be published in the Federal Register and

transmitted to the Congress.

EX. ORD. NO. 13076. ORDERING SELECTED RESERVE OF ARMED FORCES TO

ACTIVE DUTY

Ex. Ord. No. 13076, Feb. 24, 1998, 63 F.R. 9719, as amended by

Ex. Ord. No. 13286, Sec. 17, Feb. 28, 2003, 68 F.R. 10623,

provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including sections

121 and 12304 of title 10, United States Code, I hereby determine

that it is necessary to augment the active armed forces of the

United States for the effective conduct of operations in and around

Southwest Asia. Further, under the stated authority, I hereby

authorize the Secretary of Defense, and the Secretary of Homeland

Security with respect to the Coast Guard when it is not operating

as a service in the Department of the Navy, to order to active duty

any units, and any individual members not assigned to a unit

organized to serve as a unit, of the Selected Reserve.

This order is intended only to improve the internal management of

the executive branch and is not intended to create any right or

benefit, substantive or procedural, enforceable at law by a party

against the United States, its agencies, its officers, or any

person.

EX. ORD. NO. 13120. ORDERING SELECTED RESERVE AND CERTAIN

INDIVIDUAL READY RESERVE MEMBERS OF ARMED FORCES TO ACTIVE DUTY

Ex. Ord. No. 13120, Apr. 27, 1999, 64 F.R. 23007, as amended by

Ex. Ord. No. 13286, Sec. 14, Feb. 28, 2003, 68 F.R. 10623,

provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including sections

121 and 12304 of title 10, United States Code, I hereby determine

that it is necessary to augment the active armed forces of the

United States for the effective conduct of operations in and around

the former Yugoslavia related to the conflict in Kosovo. Further,

under the stated authority, I hereby authorize the Secretary of

Defense, and the Secretary of Homeland Security with respect to the

Coast Guard when it is not operating as a service in the Department

of the Navy, under their respective jurisdictions, to order to

active duty any units, and any individual members not assigned to a

unit organized to serve as a unit, of the Selected Reserve, or any

member in the Individual Ready Reserve mobilization category and

designated as essential under regulations prescribed by the

Secretary concerned, and to terminate the service of those units

and members ordered to active duty.

This order is intended only to improve the internal management of

the executive branch and is not intended to create any right or

benefit, substantive or procedural, enforceable at law by a party

against the United States, its agencies, its officers, or any

person.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 101, 115, 523, 582, 641,

10144, 12305, 12310, 12318, 12408, 16131, 16133 of this title;

title 38 sections 1965, 3011, 3013, 3103, 3105, 3231, 3511, 3512,

4211, 4312; title 50 App. section 592.

-CITE-

10 USC Sec. 12305 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1209 - ACTIVE DUTY

-HEAD-

Sec. 12305. Authority of President to suspend certain laws relating

to promotion, retirement, and separation

-STATUTE-

(a) Notwithstanding any other provision of law, during any period

members of a reserve component are serving on active duty pursuant

to an order to active duty under authority of section 12301, 12302,

or 12304 of this title, the President may suspend any provision of

law relating to promotion, retirement, or separation applicable to

any member of the armed forces who the President determines is

essential to the national security of the United States.

(b) A suspension made under the authority of subsection (a) shall

terminate (1) upon release from active duty of members of the

reserve component ordered to active duty under the authority of

section 12301, 12302, or 12304 of this title, as the case may be,

or (2) at such time as the President determines the circumstances

which required the action of ordering members of the reserve

component to active duty no longer exist, whichever is earlier.

(c) Upon the termination of a suspension made under the authority

of subsection (a) of a provision of law otherwise requiring the

separation or retirement of officers on active duty because of age,

length of service or length of service in grade, or failure of

selection for promotion, the Secretary concerned shall extend by up

to 90 days the otherwise required separation or retirement date of

any officer covered by the suspended provision whose separation or

retirement date, but for the suspension, would have been before the

date of the termination of the suspension or within 90 days after

the date of such termination.

-SOURCE-

(Added Pub. L. 98-94, title X, Sec. 1021(a), Sept. 24, 1983, 97

Stat. 670, Sec. 673c; amended Pub. L. 98-525, title XIV, Sec.

1405(16), Oct. 19, 1984, 98 Stat. 2622; renumbered Sec. 12305 and

amended Pub. L. 103-337, div. A, title XVI, Sec. 1662(e)(2),

1675(c)(3), Oct. 5, 1994, 108 Stat. 2992, 3017; Pub. L. 107-107,

div. A, title V, Sec. 508(a), Dec. 28, 2001, 115 Stat. 1090.)

-MISC1-

AMENDMENTS

2001 - Subsec. (c). Pub. L. 107-107 added subsec. (c).

1994 - Pub. L. 103-337, Sec. 1662(e)(2), renumbered section 673c

of this title as this section.

Subsecs. (a), (b). Pub. L. 103-337, Sec. 1675(c)(3), substituted

''12301, 12302, or 12304'' for ''672, 673, or 673b''.

1984 - Subsec. (b)(1). Pub. L. 98-525 inserted ''of this title''

after ''673b''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

-EXEC-

EX. ORD. NO. 12728. DELEGATING PRESIDENT'S AUTHORITY TO SUSPEND ANY

PROVISION OF LAW RELATING TO PROMOTION, RETIREMENT, OR SEPARATION

OF MEMBERS OF ARMED FORCES

Ex. Ord. No. 12728, Aug. 22, 1990, 55 F.R. 35029, as amended by

Ex. Ord. No. 13286, Sec. 38, Feb. 28, 2003, 68 F.R. 10626,

provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including section

673c (now 12305) of title 10 of the United States Code and section

301 of title 3 of the United States Code, I hereby order:

Section 1. The Secretary of Defense, and the Secretary of

Homeland Security with respect to the Coast Guard when it is not

operating as a service in the Department of the Navy, are hereby

designated and empowered to exercise, without the approval,

ratification, or other action of the President, the authority

vested in the President by section 673c (now 12305) of title 10 of

the United States Code (1) to suspend any provision of law relating

to promotion, retirement, or separation applicable to any member of

the armed forces determined to be essential to the national

security of the United States, and (2) to determine, for the

purposes of said section, that members of the armed forces are

essential to the national security of the United States.

Sec. 2. The authority delegated to the Secretary of Defense and

the Secretary of Homeland Security by this order may be redelegated

and further subdelegated to subordinates who are appointed to their

offices by the President, by and with the advice and consent of the

Senate.

Sec. 3. This order is intended only to improve the internal

management of the executive branch and is not intended to create

any right or benefit, substantive or procedural, enforceable at law

by a party against the United States, its agencies, its officers,

or any person.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 101, 1145 of this title;

title 37 sections 302f, 909; title 38 section 4312.

-CITE-

10 USC Sec. 12306 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1209 - ACTIVE DUTY

-HEAD-

Sec. 12306. Standby Reserve

-STATUTE-

(a) Units and members in the Standby Reserve may be ordered to

active duty (other than for training) only as provided in section

12301 of this title.

(b) In time of emergency -

(1) no unit in the Standby Reserve organized to serve as a unit

or any member thereof may be ordered to active duty (other than

for training), unless the Secretary concerned, with the approval

of the Secretary of Defense in the case of a Secretary of a

military department, determines that there are not enough of the

required kinds of units in the Ready Reserve that are readily

available; and

(2) no other member in the Standby Reserve may be ordered to

active duty (other than for training) as an individual without

his consent, unless the Secretary concerned, with the approval of

the Secretary of Defense in the case of a Secretary of a military

department, determines that there are not enough qualified

members in the Ready Reserve in the required category who are

readily available.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 29, Sec. 674; Pub. L. 87-651,

title I, Sec. 130, Sept. 7, 1962, 76 Stat. 514; renumbered Sec.

12306 and amended Pub. L. 103-337, div. A, title XVI, Sec.

1662(e)(2), 1675(c)(4), Oct. 5, 1994, 108 Stat. 2992, 3017.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

674(a) 674(b) 50:926(a) (less 1st July 9, 1952, ch.

28 words). 608, Sec. 206 (less

50:926(b). 1st 28 words of

(a)), 66 Stat. 483.

-------------------------------

In subsection (b), the words ''to serve'' are substituted for the

words ''for the purpose of serving''. The words ''there are not

enough * * * that are'' are substituted for the words ''adequate

numbers of * * * are not''. The words ''(other than for

training)'' are inserted, since the words ''active duty'' were

defined in the source statute cited above to exclude ''active duty

for training''.

1962 ACT

The change is made to conform section 674(a) more closely to the

source law for that section, section 206(a) of the Armed Forces

Reserve Act of 1952 (66 Stat. 483). Section 206(a) of that Act

defined the Standby Reserve in terms of units and members of the

reserve components according to their liability to be ordered to

active duty. It did not provide authority to order units and

members of the Standby Reserve to active duty. This authority was

provided by section 233(a) of the Armed Forces Reserve Act of 1952

(66 Stat. 489), which is restated in section 672(a) of title 10.

Since the present language of section 674(a) may be interpreted to

provide independent authority to order units and members of the

Standby Reserve to active duty, it is revised to make clear that

this is not the case and that section 672 is the authority for that

action.

AMENDMENTS

1994 - Pub. L. 103-337, Sec. 1662(e)(2), renumbered section 674

of this title as this section.

Subsec. (a). Pub. L. 103-337, Sec. 1675(c)(4), substituted

''12301'' for ''672''.

1962 - Subsec. (a). Pub. L. 87-651 substituted ''only as provided

in section 672 of this title'' for ''only in time of war, of

national emergency declared by Congress, or when otherwise

authorized by law''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10151 of this title; title

38 section 3011; title 50 App. section 592.

-CITE-

10 USC Sec. 12307 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1209 - ACTIVE DUTY

-HEAD-

Sec. 12307. Retired Reserve

-STATUTE-

A member in the Retired Reserve may, if qualified, be ordered to

active duty without his consent, but only as provided in section

688 or 12301(a) of this title. A member of the Retired Reserve

(other than a member transferred to the Retired Reserve under

section 12641(b) of this title) who is ordered to active duty or

other appropriate duty in a retired status may be credited under

chapter 1223 of this title with service performed pursuant to such

order. A member in a retired status is not eligible for promotion

(or for consideration for promotion) as a Reserve.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 29, Sec. 675; Pub. L. 98-94,

title X, Sec. 1017(a), Sept. 24, 1983, 97 Stat. 669; Pub. L.

101-189, div. A, title VI, Sec. 651(d), Nov. 29, 1989, 103 Stat.

1461; renumbered Sec. 12307 and amended Pub. L. 103-337, div. A,

title XVI, Sec. 1662(e)(2), 1675(c)(5), Oct. 5, 1994, 108 Stat.

2992, 3017; Pub. L. 104-106, div. A, title XV, Sec. 1501(b)(17),

Feb. 10, 1996, 110 Stat. 497.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

675 50:927(c). July 9, 1952, ch.

608, Sec. 207(c),

66 Stat. 483.

-------------------------------

AMENDMENTS

1996 - Pub. L. 104-106 substituted ''Retired Reserve (other'' for

''Ready Reserve (other''.

1994 - Pub. L. 103-337, Sec. 1675(c)(5), substituted ''688 or

12301(a)'' for ''672(a) or 688'', ''12641(b)'' for ''1001(b)'', and

''1223'' for ''67''.

Pub. L. 103-337, Sec. 1662(e)(2), renumbered section 675 of this

title as this section.

1989 - Pub. L. 101-189 inserted at end ''A member of the Ready

Reserve (other than a member transferred to the Retired Reserve

under section 1001(b) of this title) who is ordered to active duty

or other appropriate duty in a retired status may be credited under

chapter 67 of this title with service performed pursuant to such

order. A member in a retired status is not eligible for promotion

(or for consideration for promotion) as a Reserve.''

1983 - Pub. L. 98-94 inserted reference to section 688.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 38 section 3011; title 50

App. section 592.

-CITE-

10 USC Sec. 12308 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1209 - ACTIVE DUTY

-HEAD-

Sec. 12308. Retention after becoming qualified for retired pay

-STATUTE-

Any person who has qualified for retired pay under chapter 1223

of this title may, with his consent and by order of the Secretary

concerned, be retained on active duty, or in service in a reserve

component other than that listed in section 12732(b) of this

title. A member so retained shall be credited with that service

for all purposes.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 29, Sec. 676; renumbered Sec.

12308 and amended Pub. L. 103-337, div. A, title XVI, Sec.

1662(e)(2), 1675(c)(6), Oct. 5, 1994, 108 Stat. 2992, 3017.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

676 10:1036a(e). June 29, 1948, ch.

34:440i(e). 708, Sec. 302(e),

62 Stat. 1088.

-------------------------------

The words ''active duty, or in service, in a reserve component

other than that listed in section 1332(b) of this title'' are

inserted to reflect the words ''Federal service'', as used in Title

III of the source statute. The words ''that service for all

purposes'' are substituted for 10:1036a(e) (last 11 words) and

34:440i(e) (last 11 words). The words ''upon attaining the age of

sixty years'' are omitted as surplusage.

AMENDMENTS

1994 - Pub. L. 103-337, Sec. 1675(c)(6), substituted ''1223'' for

''67'' and ''12732(b)'' for ''1332(b)''.

Pub. L. 103-337, Sec. 1662(e)(2), renumbered section 676 of this

title as this section.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

-CITE-

10 USC Sec. 12309 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1209 - ACTIVE DUTY

-HEAD-

Sec. 12309. Reserve officers: use of in expansion of armed forces

-STATUTE-

When an expansion of the active armed forces requires that

officers of the reserve components who are not members of units

organized to serve as such be ordered as individuals to active duty

(other than for training) without their consent, the services of

qualified and available reserve officers in all grades shall be

used, so far as practicable, according to the needs of the

branches, grades, or specialties concerned.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 29, Sec. 677; renumbered Sec.

12309, Pub. L. 103-337, div. A, title XVI, Sec. 1662(e)(2), Oct.

5, 1994, 108 Stat. 2992.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

677 50:961(f). July 9, 1952, ch.

608, Sec. 233(f),

66 Stat. 490.

-------------------------------

The words ''without their consent'' are substituted for the word

''involuntarily''. The words ''it shall be the policy'' are omitted

as surplusage. The words ''to active duty (other than for

training)'' are substituted for the words ''into the active

military service''.

AMENDMENTS

1994 - Pub. L. 103-337 renumbered section 677 of this title as

this section.

-CITE-

10 USC Sec. 12310 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1209 - ACTIVE DUTY

-HEAD-

Sec. 12310. Reserves: for organizing, administering, etc., reserve

components

-STATUTE-

(a) Grade When Ordered to Active Duty. - A Reserve ordered to

active duty under section 12301(d) of this title in connection with

organizing, administering, recruiting, instructing, or training the

reserve components shall be ordered in his reserve grade. While so

serving he continues to be eligible for promotion as a Reserve, if

he is otherwise qualified.

(b) Duties. - A Reserve on active duty as described in subsection

(a) may be assigned only duties in connection with the functions

described in that subsection, which may include the following:

(1) Supporting operations or missions assigned in whole or in

part to reserve components.

(2) Supporting operations or missions performed or to be

performed by -

(A) a unit composed of elements from more than one component

of the same armed force; or

(B) a joint forces unit that includes -

(i) one or more reserve component units; or

(ii) a member of a reserve component whose reserve

component assignment is in a position in an element of the

joint forces unit.

(3) Advising the Secretary of Defense, the Secretaries of the

military departments, the Joint Chiefs of Staff, and the

commanders of the unified combatant command regarding reserve

component matters.

(c) Duties Relating to Defense Against Weapons of Mass

Destruction. - (1) Notwithstanding subsection (b), a Reserve on

active duty as described in subsection (a), or a Reserve who is a

member of the National Guard serving on full-time National Guard

duty under section 502(f) of title 32 in connection with functions

referred to in subsection (a), may, subject to paragraph (3),

perform duties in support of emergency preparedness programs to

prepare for or to respond to any emergency involving -

(A) the use of a weapon of mass destruction (as defined in

section 12304(i)(2) of this title); or

(B) a terrorist attack or threatened terrorist attack in the

United States that results, or could result, in catastrophic loss

of life or property.

(2) The costs of the pay, allowances, clothing, subsistence,

gratuities, travel, and related expenses for a Reserve performing

duties under the authority of paragraph (1) shall be paid from the

appropriation that is available to pay such costs for other members

of the reserve component of that Reserve who are performing duties

as described in subsection (a).

(3) A Reserve may perform duties described in paragraph (1) only

while assigned to a reserve component rapid assessment element team

and performing those duties within the geographical limits of the

United States, its territories and possessions, the District of

Columbia, and the Commonwealth of Puerto Rico.

(4) Reserves on active duty who are performing duties described

in paragraph (1) shall be counted against the annual end strength

authorizations required by section 115(a)(1)(B) and 115(a)(2) of

this title. The justification material for the defense budget

request for a fiscal year shall identify the number and component

of the Reserves programmed to be performing duties described in

paragraph (1) during that fiscal year.

(5) A reserve component rapid assessment element team, and any

Reserve assigned to such a team, may not be used to respond to an

emergency described in paragraph (1) unless the Secretary of

Defense has certified to the Committee on Armed Services of the

Senate and the Committee on Armed Services of the House of

Representatives that that team, or that Reserve, possesses the

requisite skills, training, and equipment to be proficient in all

mission requirements.

(6) If the Secretary of Defense submits to Congress any request

for the enactment of legislation to modify the requirements of

paragraph (3), the Secretary shall provide with the request -

(A) justification for each such requested modification; and

(B) the Secretary's plan for sustaining the qualifications of

the personnel and teams described in paragraph (3)(B).

(d) Training. - A Reserve on active duty as described in

subsection (a) may be provided training consistent with training

provided to other members on active duty, as the Secretary

concerned sees fit.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 30, Sec. 678; renumbered Sec.

12310 and amended Pub. L. 103-337, div. A, title XVI, Sec.

1662(e)(2), 1675(c)(7), Oct. 5, 1994, 108 Stat. 2992, 3017; Pub. L.

104-201, div. A, title V, Sec. 541, Sept. 23, 1996, 110 Stat.

2521; Pub. L. 105-261, div. A, title V, Sec. 511(b)(1), Oct. 17,

1998, 112 Stat. 2006; Pub. L. 106-65, div. A, title V, Sec.

555(a), (b), 556, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat.

617-619, 774; Pub. L. 107-314, div. A, title V, Sec. 514(b), title

IX, Sec. 933, Dec. 2, 2002, 116 Stat. 2539, 2626.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

678(a) 678(b) 50:962 (2d July 9, 1952, ch.

sentence). 50:962 608, Sec. 234,

(less 1st and 2d (less 1st

sentences). sentence), 66 Stat.

490.

-------------------------------

In subsection (a), the words ''to active duty under section

672(d) of this title in connection with organizing, administering,

recruiting, instructing, or training the reserve components'' are

substituted for the words ''into the active military service of the

United States under the provisions of this section''. The words

''his reserve grade'' are substituted for the words ''held by them

in the Reserve of their Armed Force''. The words ''as a Reserve'',

in the last sentence of the revised subsection, are substituted for

the words ''in the Reserve of their Armed Force''. The word

''Hereafter'' is omitted as surplusage.

Subsection (b) is substituted for 50:962 (less 1st and 2d

sentences).

AMENDMENTS

2002 - Subsec. (c)(1). Pub. L. 107-314, Sec. 514(b), substituted

''involving -

''(A) the use of a weapon of mass destruction (as defined in

section 12304(i)(2) of this title); or

''(B) a terrorist attack or threatened terrorist attack in the

United States that results, or could result, in catastrophic loss

of life or property.''

for ''involving the use of a weapon of mass destruction (as defined

in section 1403 of the Defense Against Weapons of Mass Destruction

Act of 1996 (50 U.S.C. 2302(1))).''

Subsec. (c)(3). Pub. L. 107-314, Sec. 933, substituted ''only

while assigned'' for ''only -

''(A) while assigned to the Department of Defense Consequence

Management Program Integration Office; or

''(B) while assigned''.

1999 - Subsec. (a). Pub. L. 106-65, Sec. 555(b)(1), inserted

heading.

Subsec. (b). Pub. L. 106-65, Sec. 555(a)(2), added subsec. (b).

Former subsec. (b) redesignated (d).

Subsec. (c). Pub. L. 106-65, Sec. 555(b)(2), inserted heading.

Subsec. (c)(1). Pub. L. 106-65, Sec. 555(b)(2), substituted

''Notwithstanding subsection (b), a Reserve'' for ''A Reserve''.

Subsec. (c)(4). Pub. L. 106-65, Sec. 556(a), struck out first

sentence which read as follows: ''The number of Reserves on active

duty who are performing duties described in paragraph (1) at the

same time may not exceed 228.''

Subsec. (c)(5). Pub. L. 106-65, Sec. 1067(1), substituted ''and

the Committee on Armed Services'' for ''and the Committee on

National Security''.

Subsec. (c)(6). Pub. L. 106-65, Sec. 556(b), struck out ''or to

increase the number of personnel authorized by paragraph (4)''

after ''requirements of paragraph (3)'' in introductory provisions

and ''or for the requested additional personnel and explain the

need for the increase in the context of existing or projected

similar capabilities at the local, State, and Federal levels''

after ''modification'' in subpar. (A).

Subsec. (d). Pub. L. 106-65, Sec. 555(a)(1), (b)(3), redesignated

subsec. (b) as (d) and inserted heading.

1998 - Subsec. (c). Pub. L. 105-261 added subsec. (c).

1996 - Subsec. (b). Pub. L. 104-201 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: ''To

assure that a Reserve on duty under subsection (a) receives

periodic refresher training in the categories for which he is

qualified, the Secretary concerned may detail him to duty with any

armed force, or otherwise as the Secretary sees fit.''

1994 - Pub. L. 103-337, Sec. 1662(e)(2), renumbered section 678

of this title as this section.

Subsec. (a). Pub. L. 103-337, Sec. 1675(c)(7), substituted

''12301(d)'' for ''672(d)''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

ADDITIONAL WEAPONS OF MASS DESTRUCTION CIVIL SUPPORT TEAMS

Pub. L. 107-314, div. A, title XIV, Sec. 1403, Dec. 2, 2002, 116

Stat. 2676, provided that:

''(a) Establishment of Additional Teams. - The Secretary of

Defense shall -

''(1) establish 23 additional teams designated as Weapons of

Mass Destruction Civil Support Teams, for a total of 55 such

teams; and

''(2) ensure that of such 55 teams, there is at least one team

established in each State and territory.

''(b) Plan. - Not later than 180 days after the date of the

enactment of this Act (Dec. 2, 2002), the Secretary shall submit to

Congress a plan, in furtherance of subsection (a), for establishing

at least one Weapons of Mass Destruction Civil Support Team in each

State and territory that does not have such a team as of the date

of the enactment of this Act. The plan shall include the following:

''(1) A schedule and budget for manning, training, and

equipping the new teams as rapidly as is possible without

jeopardizing the attainment of full effectiveness by the new

teams.

''(2) A discussion of whether the mission of the Weapons of

Mass Destruction Civil Support Teams should be expanded and, if

so, how.

''(c) Definitions. - For purposes of this section:

''(1) The term 'Weapons of Mass Destruction Civil Support Team'

means a team of members of the reserve components of the Armed

Forces that is established under section 12310(c) of title 10,

United States Code, in support of emergency preparedness programs

to prepare for or to respond to any emergency involving the use

of a weapon of mass destruction.

''(2) The term 'State and territory' means each of the several

States, the District of Columbia, Puerto Rico, Guam, and the

Virgin Islands.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12011, 12012, 12318 of

this title.

-CITE-

10 USC Sec. 12311 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1209 - ACTIVE DUTY

-HEAD-

Sec. 12311. Active duty agreements

-STATUTE-

(a) To provide definite terms of active duty (other than for

training) for Reserves with their consent, the Secretary concerned

may make a standard written agreement with any member of a reserve

component under his jurisdiction requiring the member to serve for

a period of active duty (other than for training) of not more than

five years. When such an agreement expires, a new one may be

made. This subsection does not apply in time of war declared by

Congress.

(b) An agreement may not be made under subsection (a) unless the

specified period of duty is at least 12 months longer than any

period of active duty that the member is otherwise required to

perform.

(c) Agreements made under subsection (a) shall be uniform so far

as practicable, and are subject to such standards and policies as

may be prescribed by the Secretary of Defense for the armed forces

under his jurisdiction or by the Secretary of Homeland Security for

the Coast Guard when the Coast Guard is not operating as a service

in the Navy.

(d) If an agreement made under subsection (a) expires during a

war or during a national emergency declared by Congress or the

President after January 1, 1953, the Reserve concerned may be kept

on active duty, without his consent, as otherwise prescribed by

law.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 30, Sec. 679; Pub. L. 96-513,

title V, Sec. 511(19), Dec. 12, 1980, 94 Stat. 2921; renumbered

Sec. 12311, Pub. L. 103-337, div. A, title XVI, Sec. 1662(e)(2),

Oct. 5, 1994, 108 Stat. 2992; Pub. L. 107-296, title XVII, Sec.

1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

679(a) 50:963(a) (less last July 9, 1952, ch.

sentence). 608, Sec. 235 (less

50:963(c). last sentence of

50:963(f). (a), and less (b)),

236, 66 Stat. 491.

679(b) 50:963(d).

679(c) 50:963(e).

679(d) 50:964.

-------------------------------

In subsection (a), the words ''To provide definite terms of

active duty for'' are substituted for the words ''In order that * *

* may remain on or be ordered to active duty * * * for terms of

service of definite duration''. The words ''with their consent''

are substituted for the word ''voluntarily''. The words ''requiring

the member to serve'' are substituted for 50:963(c). The words

''more than'' are substituted for the words ''to exceed''. The

second sentence is substituted for 50:963(a) (2d sentence). The

word ''hereafter'' is omitted as surplusage. 50:963(f) is omitted

as executed. The words ''under his jurisdiction'' are inserted for

clarity.

In subsection (b), the words ''is at least * * * longer'' are

substituted for the words ''exceeds by at least''. The words

''active duty that the member is otherwise required to perform''

are substituted for the words ''obligated or involuntary active

duty to which he is otherwise liable''.

In subsection (c), the words ''for the armed forces under his

jurisdiction'' are inserted for clarity.

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-296 substituted ''Secretary of

Homeland Security'' for ''Secretary of Transportation''.

1994 - Pub. L. 103-337 renumbered section 679 of this title as

this section.

1980 - Subsec. (c). Pub. L. 96-513 substituted ''Secretary of

Transportation'' for ''Secretary of the Treasury''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12312 of this title; title

14 section 41a.

-CITE-

10 USC Sec. 12312 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1209 - ACTIVE DUTY

-HEAD-

Sec. 12312. Active duty agreements: release from duty

-STATUTE-

(a) Each agreement made under section 12311(a) of this title

shall provide that the member may not be released from active duty

without his consent during the period of the agreement -

(1) because of a reduction in the actual personnel strength of

the armed force concerned, unless the release is in accordance

with the recommendation of a board of officers appointed by an

authority designated by the Secretary concerned to determine the

members to be released from active duty under regulations

prescribed by the Secretary; or

(2) for any other reason, without an opportunity to be heard by

a board of officers before the release, unless he is (A)

dismissed or discharged under the sentence of a court-martial,

(B) released because of an unexplained absence without leave for

at least three months, (C) released because he is convicted and

sentenced to confinement in a Federal or State penitentiary or

correctional institution and the sentence has become final, or

(D) released because he has been considered at least twice and

has not been recommended for promotion to the next higher grade

or because he is considered as having failed of selection for

promotion to the next higher grade and has not been recommended

for promotion to that grade, under conditions that would require

the release or separation of a reserve officer who is not serving

under such an agreement.

(b) A member who is released from active duty without his consent

before the end of his agreement made under section 12311(a) of this

title is entitled to an amount computed by multiplying the number

of years and fractions of a year of his unexpired period of service

under the agreement by the sum of one month's basic pay, special

pay, and allowances to which he is entitled on the day of his

release. The amount to which a member is entitled under this

subsection is in addition to any pay and allowances to which he is

otherwise entitled. For the purposes of this subsection, a

fraction of a month of 15 days or more is counted as a whole month,

and a fraction of a month of less than 15 days is disregarded.

This subsection does not apply to a member if he is -

(1) released for a reason described in subsection

(a)(2)(A)-(C);

(2) released because of a physical disability resulting from

his intentional misconduct or wilful neglect;

(3) eligible for retired pay, separation pay, or severance pay

under another provision of law;

(4) placed on a temporary disability retired list; or

(5) released to accept an appointment, or to be enlisted, in a

regular component of an armed force.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 30, Sec. 680; Pub. L. 87-509,

Sec. 2, June 28, 1962, 76 Stat. 121; Pub. L. 98-525, title V, Sec.

533(b), title XIV, Sec. 1405(17), Oct. 19, 1984, 98 Stat. 2528,

2622; renumbered Sec. 12312 and amended Pub. L. 103-337, div. A,

title XVI, Sec. 1662(e)(2), 1675(c)(8), Oct. 5, 1994, 108 Stat.

2992, 3017.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

680(a) 680(b) 50:963(a) (last July 9, 1952, ch.

sentence). 608, Sec. 235(a)

50:963(b). (last sentence),

(b), 66 Stat. 491.

-------------------------------

In subsections (a) and (b), the words ''without his consent'' are

substituted for the word ''involuntary''.

In subsection (a)(1), the word ''because'' is substituted for the

words ''by reason''. The words ''actual personnel strength'' are

substituted for the words ''numerical strength of the military

personnel''.

In subsection (a)(2), the words ''for any other reason'' are

substituted for the words ''for reasons other than that prescribed

in paragraph (1)''. The words ''dismissed or discharged'' are

inserted for clarity. The words ''at least'' are substituted for

the word ''duration''. The words ''is convicted and sentenced * * *

and the sentence has become final'' are substituted for the words

''final conviction and sentence''. The words ''from active duty''

are omitted as surplusage.

In subsection (b), the words ''before the end of'' are

substituted for the words ''prior to the expiration of the period

of service under''. The words ''computed by multiplying * * * and

fractions of a year of his unexpired period of service under the

agreement by the sum of one month's * * * pay, and allowances'' are

substituted for the words ''equal to one month's pay and allowances

multiplied by * * * (including any pro rata part thereof) remaining

as the unexpired period of his agreement for active duty''. The

words ''basic * * * special pay * * * to which he is entitled on

the day of his release'' are substituted for 50:963(b) (2d

sentence). The third sentence is substituted for 50:963(b) (last

sentence). The last sentence is substituted for 50:963(b) (words

within 1st parentheses).

In subsection (b)(2), the words ''because of'' are substituted

for the words ''when such release is due to''.

In subsection (b)(5), the words ''to accept'' are substituted for

the words ''for the purpose of accepting''. The words ''of an

armed force'' are inserted for clarity.

AMENDMENTS

1994 - Pub. L. 103-337, Sec. 1662(e)(2), renumbered section 680

of this title as this section.

Subsecs. (a), (b). Pub. L. 103-337, Sec. 1675(c)(8), substituted

''12311(a)'' for ''679(a)''.

1984 - Subsec. (a)(2)(D). Pub. L. 98-525, Sec. 1405(17),

substituted ''reserve officer'' for ''Reserve Officer''.

Subsec. (b)(3). Pub. L. 98-525, Sec. 533(b), inserted '',

separation pay,'' after ''retired pay''.

1962 - Subsec. (a)(2)(D). Pub. L. 87-509 added cl. (D).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

-CITE-

10 USC Sec. 12313 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1209 - ACTIVE DUTY

-HEAD-

Sec. 12313. Reserves: release from active duty

-STATUTE-

(a) Except as otherwise provided in this title, the Secretary

concerned may at any time release a Reserve under his jurisdiction

from active duty.

(b) In time of war or of national emergency declared by Congress

or the President after January 1, 1953, a member of a reserve

component may be released from active duty (other than for

training) only if -

(1) a board of officers convened at his request by an authority

designated by the Secretary concerned recommends the release and

the recommendation is approved;

(2) the member does not request that a board be convened; or

(3) his release is otherwise authorized by law.

This subsection does not apply to an armed force during a period of

demobilization or reduction in strength of that armed force.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 31, Sec. 681; renumbered Sec.

12313, Pub. L. 103-337, div. A, title XVI, Sec. 1662(e)(2), Oct.

5, 1994, 108 Stat. 2992.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

681(a) 681(b) 50:967(a). 50:967 July 9, 1952, ch.

(less (a)). 608, Sec. 239, 66

Stat. 492.

-------------------------------

In subsection (a), the word ''title'' is substituted for the word

''chapter''. The provisions of this title relating to active duty

of Reserves are based on the Armed Forces Reserve Act of 1952. The

words ''under his jurisdiction'' are inserted for clarity. The

words ''or active duty for training'' are omitted as covered by the

words ''active duty''.

Subsection (b) is substituted for 50:967(b). Clause (3) is

inserted, since other provisions of law are necessarily exceptions

to the general rule here stated.

AMENDMENTS

1994 - Pub. L. 103-337 renumbered section 681 of this title as

this section.

-CITE-

10 USC Sec. 12314 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1209 - ACTIVE DUTY

-HEAD-

Sec. 12314. Reserves: kinds of duty

-STATUTE-

Notwithstanding any other provision of law, a member of a reserve

component who is on active duty other than for training may, under

regulations prescribed by the Secretary concerned, be detailed or

assigned to any duty authorized by law for members of the regular

component of the armed force concerned.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 31, Sec. 682; renumbered Sec.

12314, Pub. L. 103-337, div. A, title XVI, Sec. 1662(e)(2), Oct.

5, 1994, 108 Stat. 2992.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

682 50:965. July 9, 1952, ch.

608, Sec. 237, 66

Stat. 492.

-------------------------------

The words ''armed force concerned'' are substituted for the words

''Armed Forces of the United States''. The words ''now or

hereafter'' and ''officers and enlisted'' are omitted as

surplusage. The words ''other than for training'' are inserted,

since the words ''active duty'' were defined in the source statute

cited above to exclude active duty for training.

AMENDMENTS

1994 - Pub. L. 103-337 renumbered section 682 of this title as

this section.

-CITE-

10 USC Sec. 12315 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1209 - ACTIVE DUTY

-HEAD-

Sec. 12315. Reserves: duty with or without pay

-STATUTE-

(a) Subject to other provisions of this title, any Reserve may be

ordered to active duty or other duty -

(1) with the pay and allowances provided by law; or

(2) with his consent, without pay.

Duty without pay shall be considered for all purposes as if it were

duty with pay.

(b) A Reserve who is kept on active duty after his term of

service expires is entitled to pay and allowances while on that

duty, except as they may be forfeited under the approved sentence

of a court-martial or by non-judicial punishment by a commanding

officer or when he is otherwise in a non-pay status.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 31, Sec. 683; renumbered Sec.

12315, Pub. L. 103-337, div. A, title XVI, Sec. 1662(e)(2), Oct.

5, 1994, 108 Stat. 2992.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

683(a) 683(b) 50:971. 50:972. July 9, 1952, ch.

608, Sec. 240, 241,

66 Stat. 492.

-------------------------------

In subsection (a), the word ''title'' is substituted for the word

''chapter''. The provisions of this title relating to active duty

of reservists are based on the Armed Forces Reserve Act of 1952.

The words ''shall be considered * * * as if it were'' are

substituted for the words ''shall be counted * * * the same as

like''.

In subsections (a) and (b), the words ''active duty for

training'' are omitted as covered by the words ''active duty''.

In subsection (b), the word ''kept'' is substituted for the words

''retained or continued''. The words ''pursuant to law'' are

omitted as surplusage.

AMENDMENTS

1994 - Pub. L. 103-337 renumbered section 683 of this title as

this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 6323.

-CITE-

10 USC Sec. 12316 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1209 - ACTIVE DUTY

-HEAD-

Sec. 12316. Payment of certain Reserves while on duty

-STATUTE-

(a) Except as provided by subsection (b), a Reserve of the Army,

Navy, Air Force, Marine Corps, or Coast Guard who because of his

earlier military service is entitled to a pension, retired or

retainer pay, or disability compensation, and who performs duty for

which he is entitled to compensation, may elect to receive for that

duty either -

(1) the payments to which he is entitled because of his earlier

military service; or

(2) if he specifically waives those payments, the pay and

allowances authorized by law for the duty that he is performing.

(b) Unless the payments because of his earlier military service

are greater than the compensation prescribed by subsection (a)(2),

a Reserve of the Army, Navy, Air Force, Marine Corps, or Coast

Guard who because of his earlier military service is entitled to a

pension, retired or retainer pay, or disability compensation, and

who upon being ordered to active duty for a period of more than 30

days in time of war or national emergency is found physically

qualified to perform that duty, ceases to be entitled to the

payments because of his earlier military service until the period

of active duty ends. While on that active duty, he is entitled to

the compensation prescribed by subsection (a)(2). Other rights and

benefits of the member or his dependents are unaffected by this

subsection.

-SOURCE-

(Added Pub. L. 85-861, Sec. 1(15), Sept. 2, 1958, 72 Stat. 1441,

Sec. 684; amended Pub. L. 93-586, Sec. 1, Jan. 2, 1975, 88 Stat.

1920; renumbered Sec. 12316, Pub. L. 103-337, div. A, title XVI,

Sec. 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

684(a) 10 App.:369b (less Aug. 2, 1946, ch.

proviso and last 3 756, Sec. 10;

sentences). 34 restated Sept. 27,

App.:853e-1 (less 1950, ch. 1053,

provisos and last 3 Sec. 1, 64 Stat.

sentences). 1067; July 12,

1955, ch. 337, Sec.

1, 4, 69 Stat. 300,

301.

684(b) 10 App.:369b Sept. 27, 1950, ch.

(proviso and last 3 1053, Sec. 2, 64

sentences). 34 Stat. 1067; July

App.:853e-1 12, 1955, ch. 337,

(provisos and last Sec. 2, 4, 69 Stat.

3 sentences). 301.

-------------------------------

In subsections (a) and (b), the words ''retirement pay'' are

omitted as covered by the words ''retired pay''.

In subsection (a), the words ''Except as provided by subsection

(b)'' are inserted for clarity. The words ''who performs duty for

which he is entitled to compensation, may elect to receive for that

duty'' are substituted for the words ''may elect, with reference to

periods of active duty, active duty for training, drill, training,

instruction, or other duty for which they may be entitled to

receive compensation pursuant to any provisions of law''. The

words ''Notwithstanding the provisions of any other law'', in 10

App.:369b, and ''or relinquish'' are omitted as surplusage.

Subsection (a)(1) is substituted for clause (2) of 10 App.:369b,

and clause (2) of 34 App.:853e-1.

In subsection (a)(2), the words ''pay and allowances authorized

by law for the duty that he is performing'' are substituted for

clause (1) of 10 App.:369b and 34 App.:853e-1.

In subsection (b), the word ''extended'', the next to the last

sentence of 10 App.: 369b and of 34 App.: 853e-1, and the first

proviso of 34 App.:853e-1, are omitted as surplusage.

AMENDMENTS

1994 - Pub. L. 103-337 renumbered section 684 of this title as

this section.

1975 - Subsecs. (a), (b). Pub. L. 93-586 inserted reference to

Coast Guard.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-CITE-

10 USC Sec. 12317 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1209 - ACTIVE DUTY

-HEAD-

Sec. 12317. Reserves: theological students; limitations

-STATUTE-

A Reserve may not be required to serve on active duty, or to

participate in inactive duty training, while preparing for the

ministry in a recognized theological or divinity school.

-SOURCE-

(Added Pub. L. 85-861, Sec. 1(15), Sept. 2, 1958, 72 Stat. 1441,

Sec. 685; renumbered Sec. 12317, Pub. L. 103-337, div. A, title

XVI, Sec. 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

686 50:961(h) (last Aug. 9, 1955, ch.

sentence). 665, Sec. 2(g)

(last sentence), 69

Stat. 599.

-------------------------------

The words ''active training and service, active duty for

training'' are omitted as covered by the words ''active duty'' as

defined in section 101(22) of this title.

AMENDMENTS

1994 - Pub. L. 103-337 renumbered section 685 of this title as

this section.

-CITE-

10 USC Sec. 12318 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1209 - ACTIVE DUTY

-HEAD-

Sec. 12318. Reserves on active duty: duties; funding

-STATUTE-

(a) During a period that members of a reserve component are

serving on active duty pursuant to an order under section 12302 or

12304 of this title, members of reserve components serving on

active duty may perform duties in connection with either such

section.

(b) Funds available for the pay and allowances of Reserves

referred to section 12310 of this title shall be available for the

pay and allowances of such Reserves who perform duties in

connection with section 12302 or 12304 of this title under the

authority of subsection (a).

-SOURCE-

(Added Pub. L. 99-661, div. A, title IV, Sec. 412(b)(1), Nov. 14,

1986, 100 Stat. 3861, Sec. 686; renumbered Sec. 12318 and amended

Pub. L. 103-337, div. A, title XVI, Sec. 1662(e)(2), 1675(c)(9),

Oct. 5, 1994, 108 Stat. 2992, 3017.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-337, Sec. 1662(e)(2), renumbered section 686

of this title as this section.

Pub. L. 103-337, Sec. 1675(c)(9), substituted ''12302 or 12304''

for ''673 or 673b'' in subsecs. (a) and (b) and ''12310'' for

''678'' in subsec. (b).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

-CITE-

10 USC Sec. 12319 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1209 - ACTIVE DUTY

-HEAD-

Sec. 12319. Ready Reserve: muster duty

-STATUTE-

(a) Under regulations prescribed by the Secretary of Defense, a

member of the Ready Reserve may be ordered without his consent to

muster duty one time each year. A member ordered to muster duty

under this section shall be required to perform a minimum of two

hours of muster duty on the day of muster.

(b) The period which a member may be required to devote to muster

duty under this section, including round-trip travel to and from

the location of that duty, may not total more than one day each

calendar year.

(c) Except as specified in subsection (d), muster duty (and

travel directly to and from that duty) under this section shall be

treated as the equivalent of inactive-duty training (and travel

directly to and from that training) for the purposes of this title

and the provisions of title 37 (other than section 206(a)) and

title 38, including provisions relating to the determination of

eligibility for and the receipt of benefits and entitlements

provided under those titles for Reserves performing inactive-duty

training and for their dependents and survivors.

(d) Muster duty under this section shall not be credited in

determining entitlement to, or in computing, retired pay under

chapter 1223 of this title.

-SOURCE-

(Added Pub. L. 101-189, div. A, title V, Sec. 502(a)(1), Nov. 29,

1989, 103 Stat. 1436, Sec. 687; renumbered Sec. 12319 and amended

Pub. L. 103-337, div. A, title XVI, Sec. 1662(e)(2), 1675(c)(10),

Oct. 5, 1994, 108 Stat. 2992, 3018.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-337, Sec. 1662(e)(2), renumbered section 687

of this title as this section.

Subsec. (d). Pub. L. 103-337, Sec. 1675(c)(10), substituted

''1223'' for ''67''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 37 section 433.

-CITE-

10 USC Sec. 12320 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1209 - ACTIVE DUTY

-HEAD-

Sec. 12320. Reserve officers: grade in which ordered to active duty

-STATUTE-

A reserve officer who is ordered to active duty or full-time

National Guard duty shall be ordered to active duty or full-time

National Guard duty in his reserve grade, except that a reserve

officer who is credited with service under section 12207 of this

title and is ordered to active duty and placed on the active-duty

list may be ordered to active duty in a reserve grade and with a

date of rank and position on the active-duty list determined under

regulations prescribed by the Secretary of Defense based upon the

amount of service credited.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 106, Dec. 12, 1980, 94 Stat.

2868, Sec. 689; amended Pub. L. 97-22, Sec. 4(g), July 10, 1981, 95

Stat. 127; renumbered Sec. 12320 and amended Pub. L. 103-337, div.

A, title XVI, Sec. 1625, 1662(e)(2), 1675(c)(11), Oct. 5, 1994, 108

Stat. 2962, 2992, 3018; Pub. L. 104-106, div. A, title XV, Sec.

1501(a)(2), Feb. 10, 1996, 110 Stat. 495.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-106 made technical correction to directory

language of Pub. L. 103-337, Sec. 1625. See 1994 Amendment note

below.

1994 - Pub. L. 103-337, Sec. 1675(c)(11), substituted ''12207''

for ''3353, 5600, or 8353''.

Pub. L. 103-337, Sec. 1662(e)(2), renumbered section 689 of this

title as this section.

Pub. L. 103-337, Sec. 1625, as amended by Pub. L. 104-106,

inserted ''or full-time National Guard duty'' after ''who is

ordered to active duty'' and after ''shall be ordered to active

duty'' and inserted ''and placed on the active-duty list'' after

''and is ordered to active duty''.

1981 - Pub. L. 97-22 inserted provision relating to a reserve

officer who is credited with service under section 3353, 5600, or

8353 of this title and is ordered to active duty.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by sections 1662(e)(2) and 1675(c)(11) of Pub. L.

103-337 effective Dec. 1, 1994, except as otherwise provided, and

amendment by section 1625 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

Section effective Sept. 15, 1981, but the authority to prescribe

regulations under this section effective on Dec. 12, 1980, see

section 701 of Pub. L. 96-513, set out as an Effective Date of 1980

Amendment note under section 101 of this title.

-CITE-

10 USC Sec. 12321 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1209 - ACTIVE DUTY

-HEAD-

Sec. 12321. Reserve Officer Training Corps units: limitation on

number of Reserves assigned

-STATUTE-

The number of members of the reserve components serving on active

duty or full-time National Guard duty for the purpose of

organizing, administering, recruiting, instructing, or training the

reserve components who are assigned to duty with a unit of the

Reserve Officer Training Corps program may not exceed 275.

-SOURCE-

(Added Pub. L. 101-510, div. A, title V, Sec. 559(a)(1), Nov. 5,

1990, 104 Stat. 1571, Sec. 687; renumbered Sec. 690 and amended

Pub. L. 102-25, title VII, Sec. 704(a)(3)(A), (B), Apr. 6, 1991,

105 Stat. 118; Pub. L. 102-190, div. A, title X, Sec.

1061(a)(4)(A), Dec. 5, 1991, 105 Stat. 1472; Pub. L. 102-484, div.

A, title V, Sec. 512, Oct. 23, 1992, 106 Stat. 2405; Pub. L.

103-160, div. A, title V, Sec. 512, Nov. 30, 1993, 107 Stat. 1649;

renumbered Sec. 12321 and amended Pub. L. 103-337, div. A, title

XVI, Sec. 1662(e)(2), (3), Oct. 5, 1994, 108 Stat. 2992.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-337 renumbered section 690 of this title as

this section and substituted ''Reserve Officer Training Corps

units: limitation on number of Reserves assigned'' for ''Limitation

on duty with Reserve Officer Training Corps units'' as section

catchline.

1993 - Pub. L. 103-160 substituted ''may not exceed 275'' for

''may not exceed 200''.

1992 - Pub. L. 102-484 substituted ''The number of members of the

reserve components'' for ''A member of a reserve component'', ''who

are assigned'' for ''may not be assigned'', and ''may not exceed

200.'' for period at end.

1991 - Pub. L. 102-190 substituted ''Corps'' for ''Corp'' in

section catchline.

Pub. L. 102-25, Sec. 704(a)(3)(B), renumbered section 687 of this

title as this section.

Pub. L. 102-25, Sec. 704(a)(3)(A), made technical correction to

directory language of Pub. L. 101-510, Sec. 559(a)(1), which

enacted this section.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

EFFECTIVE DATE OF 1991 AMENDMENT

Section 704(e) of Pub. L. 102-25 provided that: ''The amendments

made by this section (amending this section and sections 6686 and

7381b of Title 42, The Public Health and Welfare, and amending

provisions set out as notes under this section, sections 1701,

1705, 1721, 1724, 1733, 2302, 2306a, 2432, and 3074 of this title,

and section 1928 of Title 22, Foreign Relations and Intercourse)

shall apply as if included in the enactment of the National Defense

Authorization Act for Fiscal Year 1991 (Public Law 101-510).''

EFFECTIVE DATE

Section 559(b) of Pub. L. 101-510, as amended by Pub. L. 102-25,

title VII, Sec. 704(a)(3)(C), Apr. 6, 1991, 105 Stat. 118, provided

that: ''Section 690 (now 12321) of title 10, United States Code, as

added by subsection (a), shall take effect on September 30, 1991.''

WAIVER OF PROHIBITION ON CERTAIN RESERVE SERVICE WITH ROTC PROGRAM

Section 525 of Pub. L. 102-190, as amended by Pub. L. 104-106,

div. A, title XV, Sec. 1501(d)(2), Feb. 10, 1996, 110 Stat. 500,

provided that: ''The Secretary of the military department concerned

may waive the prohibition in section 12321 of title 10, United

States Code, in the case of a member of a reserve component of the

Armed Forces referred to in that section who is serving in an

assignment to duty with a unit of the Reserve Officer Training

Corps program on September 30, 1991, if the Secretary determines

that the removal of the member from that assignment will cause a

financial hardship for that member.''

-CITE-

10 USC Sec. 12322 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1209 - ACTIVE DUTY

-HEAD-

Sec. 12322. Active duty for health care

-STATUTE-

A member of a uniformed service described in paragraph (1)(B) or

(2)(B) of section 1074a(a) of this title may be ordered to active

duty, and a member of a uniformed service described in paragraph

(1)(A) or (2)(A) of such section may be continued on active duty,

for a period of more than 30 days while the member is being treated

for (or recovering from) an injury, illness, or disease incurred or

aggravated in the line of duty as described in any of such

paragraphs.

-SOURCE-

(Added Pub. L. 106-65, div. A, title VII, Sec. 705(a)(1), Oct. 5,

1999, 113 Stat. 683.)

-CITE-