-CITE-
    10 USC CHAPTER 1209 - ACTIVE DUTY                           01/03/2007

-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.

-End-



-CITE-
    10 USC Sec. 12301                                           01/03/2007

-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 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 as provided in subsection (a),
    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 so ordered to active duty.
      (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 as provided in subsection (a) 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,
    Secs. 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, Secs.
    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, Secs. 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; Pub. L. 108-375, div. A, title V, Sec. 514(a), Oct. 28,
    2004, 118 Stat. 1882.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                                 1956 ACT                             
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    672(a)       50:961(a).                    July 9, 1952, ch. 608,   
                                                Secs. 233 (less (b) and 
                                                (f)), 234 (1st          
                                                sentence), 66 Stat. 489,
                                                490.                    
    672(b)                                                              
    672(c)                                                              
    672(d)                                                              
                 50:961(c).                                             
                 50:961(g).                                             
                 50:961(d).                                             
                 50:962 (1st sentence).                                 
    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                             
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             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.


-MISC2-
                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-375, Sec. 514(a)(1), struck out
    "(other than for training)" after "that Secretary to active duty".
      Subsec. (c). Pub. L. 108-375, Sec. 514(a)(2), substituted "as
    provided in subsection (a)" for "(other than for training)" and "so
    ordered to active duty" for "ordered to active duty (other than for
    training)".
      Subsec. (e). Pub. L. 108-375, Sec. 514(a)(3), substituted "as
    provided in subsection (a)" for "(other than for training)".
      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, Secs. 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.

-End-



-CITE-
    10 USC Sec. 12302                                           01/03/2007

-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 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, without their consent, under this section at any
    one time.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 28, Sec. 673; Pub. L. 85-861,
    Secs. 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;
    Pub. L. 108-136, div. A, title X, Sec. 1031(a)(61), Nov. 24, 2003,
    117 Stat. 1603; Pub. L. 108-375, div. A, title V, Sec. 514(b), Oct.
    28, 2004, 118 Stat. 1883.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                                 1956 ACT                             
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    673(a)       50:961(b)(1).                 July 9, 1952, ch. 608,   
                                                Sec. 233(b), 66 Stat.   
                                                489.                    
    673(b)                                                              
                 50:961(b)(2).                                          
    --------------------------------------------------------------------

      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                             
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    673(a)       50:961(b)(1) (less            Aug. 9, 1955, ch. 665,   
                  proviso).                     Sec. 2(f), 69 Stat. 599.
    673(c)                                                              
                 50:961(b)(1) (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                            
      2004 - Subsecs. (a), (c). Pub. L. 108-375 struck out "(other than
    for training)" after "active duty".
      2003 - Subsec. (d). Pub. L. 108-136 struck out subsec. (d) which
    read as follows: "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."
      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, Secs. 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-
                         EXECUTIVE ORDER NO. 12743                     
      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, which
    related to ordering the Ready Reserve of the Armed Forces to active
    duty, was revoked by Ex. Ord. No. 13350, July 29, 2004, 69 F.R.
    46055, listed in a table under section 1701 of Title 50, War and
    National Defense.

    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.

-End-



-CITE-
    10 USC Sec. 12303                                           01/03/2007

-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.

-End-



-CITE-
    10 USC Sec. 12304                                           01/03/2007

-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 for not more than 365 days..(!1)

      (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 significant loss
      of life or property.

      (c) Limitations. - (1) Except to perform any of the functions
    authorized by chapter 15 or section 12406 of this title or by
    subsection (b), no unit or member of a reserve component may be
    ordered to active duty under this section 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.
      (3) No unit or member of a reserve component may be ordered to
    active duty under this section to provide assistance referred to in
    subsection (b) unless the President determines that the
    requirements for responding to an emergency referred to in that
    subsection have exceeded, or will exceed, the response capabilities
    of local, State, and Federal civilian agencies.
      (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) Considerations for Involuntary Order to Active Duty. - (1) In
    determining which members of the Selected Reserve and Individual
    Ready Reserve will be ordered to duty without their consent under
    this section, appropriate consideration shall be given to - 
        (A) 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;
        (B) the frequency of assignments during service career;
        (C) family responsibilities; and
        (D) employment necessary to maintain the national health,
      safety, or interest.

      (2) The Secretary of Defense shall prescribe such policies and
    procedures as the Secretary considers necessary to carry out this
    subsection.
      (j) 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, Secs. 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; Pub. L. 108-136, div. A, title V, Sec.
    515, Nov. 24, 2003, 117 Stat. 1460; Pub. L. 108-375, div. A, title
    V, Sec. 514(c), Oct. 28, 2004, 118 Stat. 1883; Pub. L. 109-364,
    div. A, title V, Sec. 522, title X, Sec. 1076(c), Oct. 17, 2006,
    120 Stat. 2192, 2406.)

-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.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-364, Sec. 522(a), substituted
    "365 days." for "270 days".
      Subsec. (c)(1). Pub. L. 109-364, Sec. 1076(c), substituted
    "Except to perform any of the functions authorized by chapter 15 or
    section 12406 of this title or by subsection (b), no unit or member
    of a reserve component may be ordered to active duty under this
    section" for "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),".
      Subsecs. (i), (j). Pub. L. 109-364, Sec. 522(b), added subsec.
    (i) and redesignated former subsec. (i) as (j).
      2004 - Subsec. (a). Pub. L. 108-375 struck out "(other than for
    training)" after "active duty".
      2003 - Subsec. (b)(2). Pub. L. 108-136, Sec. 515(1), substituted
    "significant" for "catastrophic".
      Subsec. (c)(3). Pub. L. 108-136, Sec. 515(2), added par. (3).
      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.

-FOOTNOTE-               

    (!1) So in original.


-End-



-CITE-
    10 USC Sec. 12305                                           01/03/2007

-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, Secs. 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.

-End-



-CITE-
    10 USC Sec. 12306                                           01/03/2007

-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 only as provided in section 12301 of this title, but
    subject to the limitations in subsection (b).
      (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 under section
      12301(a) of this title, 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) notwithstanding section 12301(a) of this title, no other
      member in the Standby Reserve may be ordered to active duty as an
      individual under such section 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, Secs.
    1662(e)(2), 1675(c)(4), Oct. 5, 1994, 108 Stat. 2992, 3017; Pub. L.
    108-375, div. A, title V, Sec. 514(d), Oct. 28, 2004, 118 Stat.
    1883.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                                 1956 ACT                             
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    674(a)       50:926(a) (less 1st 28        July 9, 1952, ch. 608,   
                  words).                       Sec. 206 (less 1st 28   
                                                words of (a)), 66 Stat. 
                                                483.                    
                                                                        
    674(b)                                                              
                 50:926(b).                                             
    --------------------------------------------------------------------

      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                            
      2004 - Subsec. (a). Pub. L. 108-375, Sec. 514(d)(1), substituted
    "active duty only as provided in section 12301 of this title, but
    subject to the limitations in subsection (b)" for "active duty
    (other than for training) only as provided in section 12301 of this
    title".
      Subsec. (b)(1). Pub. L. 108-375, Sec. 514(d)(2)(A), substituted
    "under section 12301(a) of this title" for "(other than for
    training)".
      Subsec. (b)(2). Pub. L. 108-375, Sec. 514(d)(2)(B), substituted
    "notwithstanding section 12301(a) of this title, no other member in
    the Standby Reserve may be ordered to active duty as an individual
    under such section without his consent" for "no other member in the
    Standby Reserve may be ordered to active duty (other than for
    training) as an individual without his consent".
      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.

-End-



-CITE-
    10 USC Sec. 12307                                           01/03/2007

-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, Secs. 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         Source (U.S. Code)           Source (Statutes at   
     section                                             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.

-End-



-CITE-
    10 USC Sec. 12308                                           01/03/2007

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

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    676          10:1036a(e).                  June 29, 1948, ch. 708,  
                                                Sec. 302(e), 62 Stat.   
                                                1088.                   
                 34:440i(e).                                            
    --------------------------------------------------------------------

      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.

-End-



-CITE-
    10 USC Sec. 12309                                           01/03/2007

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

-End-



-CITE-
    10 USC Sec. 12310                                           01/03/2007

-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) Authority. - (1) The Secretary concerned may order a member
    of a reserve component under the Secretary's jurisdiction to active
    duty pursuant to section 12301(d) of this title to perform Active
    Guard and Reserve duty organizing, administering, recruiting,
    instructing, or training the reserve components.
      (2) A Reserve ordered to active duty under paragraph (1) shall be
    ordered in the Reserve's reserve grade. While so serving, the
    Reserve continues to be eligible for promotion as a Reserve, if
    otherwise qualified.
      (b) Duties. - A Reserve on active duty under subsection (a) may
    perform the following additional duties to the extent that the
    performance of those duties does not interfere with the performance
    of the Reserve's primary Active Guard and Reserve duties described
    in subsection (a)(1):
        (1) Supporting operations or missions assigned in whole or in
      part to the 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 combatant commands regarding reserve component
      matters.
        (4) Instructing or training in the United States or the
      Commonwealth of Puerto Rico or possessions of the United States
      of - 
          (A) active-duty members of the armed forces;
          (B) members of foreign military forces (under the same
        authorities and restrictions applicable to active-duty members
        providing such instruction or training);
          (C) Department of Defense contractor personnel; or
          (D) Department of Defense civilian employees.

      (c) Operations Relating to Defense Against Weapons of Mass
    Destruction and Terrorist Attacks. - (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
    any of the following:
        (A) The use or threatened use of a weapon of mass destruction
      (as defined in section 12304(i)(2) (!1) of this title) in the
      United States.

        (B) A terrorist attack or threatened terrorist attack in the
      United States that results, or could result, in catastrophic loss
      of life or property.
        (C) The intentional or unintentional release of nuclear,
      biological, radiological, or toxic or poisonous chemical
      materials in the United States that results, or could result, in
      catastrophic loss of life or property.
        (D) A natural or manmade disaster in the United States that
      results in, 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 duty described in paragraph (1) only
    while assigned to a reserve component weapons of mass destruction
    civil support team.
      (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 weapons of mass destruction civil support
    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
    paragraphs (1) and (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).

      (7) In this subsection, the term "United States" includes the
    Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
      (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, Secs.
    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, Secs. 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; Pub. L. 109-364, div. A, title
    V, Secs. 525(a), 527, Oct. 17, 2006, 120 Stat. 2193, 2196.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    678(a)       50:962 (2d sentence).         July 9, 1952, ch. 608,   
                                                Sec. 234, (less 1st     
                                                sentence), 66 Stat. 490.
    678(b)                                                              
                 50:962 (less 1st and 2d                                
                  sentences).                                           
    --------------------------------------------------------------------

      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                            
      2006 - Subsecs. (a), (b). Pub. L. 109-364, Sec. 525(a), amended
    subsecs. (a) and (b) generally, substituting provisions relating to
    authority of the Secretary concerned to order a member of a reserve
    component to active duty and setting forth duties including
    supporting operations or missions, providing advice regarding
    reserve component matters, and providing instruction or training of
    active-duty members of the armed forces or foreign military forces
    and Department of Defense contractor personnel or civilian
    employees, for provisions relating to grade when a Reserve is
    ordered to active duty and setting forth duties including
    supporting operations or missions and providing advice regarding
    reserve component matters.
      Subsec. (c). Pub. L. 109-364, Sec. 527(b)(1), substituted
    "Operations Relating to Defense Against Weapons of Mass Destruction
    and Terrorist Attacks" for "Duties Relating to Defense Against
    Weapons of Mass Destruction" in heading.
      Subsec. (c)(1). Pub. L. 109-364, Sec. 527(a)(1)(A), substituted
    "involving any of the following:" for "involving - " in
    introductory provisions.
      Subsec. (c)(1)(A) to (D). Pub. L. 109-364, Sec. 527(a)(1)(B),
    added subpars. (A) to (D) and struck out former subpars. (A) and
    (B) which read as follows:
      "(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."
      Subsec. (c)(3). Pub. L. 109-364, Sec. 527(a)(2), amended par. (3)
    generally. Prior to amendment, par. (3) read as follows: "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."
      Subsec. (c)(5). Pub. L. 109-364, Sec. 527(b)(2), substituted
    "weapons of mass destruction civil support team" for "rapid
    assessment element team".
      Subsec. (c)(6). Pub. L. 109-364, Sec. 527(b)(3)(A), substituted
    "paragraphs (1) and (3)" for "paragraph (3)" in introductory
    provisions.
      Subsec. (c)(6)(B). Pub. L. 109-364, Sec. 527(b)(3)(B),
    substituted "(3)" for "(3)(B)".
      Subsec. (c)(7). Pub. L. 109-364, Sec. 527(a)(3), added par. (7).
      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."

-FOOTNOTE-
    (!1) So in original. Probably should be section "12304(j)(2)".


-End-



-CITE-
    10 USC Sec. 12311                                           01/03/2007

-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         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    679(a)       50:963(a) (less last          July 9, 1952, ch. 608,   
                  sentence).                    Secs. 235 (less last    
                                                sentence of (a), and    
                                                less (b)), 236, 66 Stat.
                                                491.                    
                                                                        
                                                                        
                                                                        
                 50:963(c).                                             
                 50:963(f).                                             
    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.

-End-



-CITE-
    10 USC Sec. 12312                                           01/03/2007

-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, Secs. 1662(e)(2), 1675(c)(8), Oct. 5, 1994, 108 Stat.
    2992, 3017.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    680(a)       50:963(a) (last sentence).    July 9, 1952, ch. 608,   
                                                Sec. 235(a) (last       
                                                sentence), (b), 66 Stat.
                                                491.                    
    680(b)                                                              
                 50:963(b).                                             
    --------------------------------------------------------------------

      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.

-End-



-CITE-
    10 USC Sec. 12313                                           01/03/2007

-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         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    681(a)       50:967(a).                    July 9, 1952, ch. 608,   
                                                Sec. 239, 66 Stat. 492. 
    681(b)                                                              
                 50:967 (less (a)).                                     
    --------------------------------------------------------------------

      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.

-End-



-CITE-
    10 USC Sec. 12314                                           01/03/2007

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

-End-



-CITE-
    10 USC Sec. 12315                                           01/03/2007

-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         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    683(a)       50:971.                       July 9, 1952, ch. 608,   
                                                Secs. 240, 241, 66 Stat.
                                                492.                    
    683(b)                                                              
                 50:972.                                                
    --------------------------------------------------------------------

      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.

-End-



-CITE-
    10 USC Sec. 12316                                           01/03/2007

-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         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    684(a)       10 App.:369b (less            Aug. 2, 1946, ch. 756,   
                  proviso and last 3            Sec. 10; restated Sept. 
                  sentences).                   27, 1950, ch. 1053, Sec.
                                                1, 64 Stat. 1067; July  
                                                12, 1955, ch. 337, Secs.
                                                1, 4, 69 Stat. 300, 301.
                 34 App.:853e-1 (less                                   
                  provisos and last 3                                   
                  sentences).                                           
    684(b)       10 App.:369b (proviso and     Sept. 27, 1950, ch.      
                  last 3 sentences).            1053, Sec. 2, 64 Stat.  
                                                1067; July 12, 1955, ch.
                                                337, Secs. 2, 4, 69     
                                                Stat. 301.              
                 34 App.:853e-1 (provisos                               
                  and last 3 sentences).                                
    --------------------------------------------------------------------

      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.

-End-



-CITE-
    10 USC Sec. 12317                                           01/03/2007

-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         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    686          50:961(h) (last sentence).    Aug. 9, 1955, ch. 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.

-End-



-CITE-
    10 USC Sec. 12318                                           01/03/2007

-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, Secs. 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.

-End-



-CITE-
    10 USC Sec. 12319                                           01/03/2007

-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, Secs. 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.

-End-



-CITE-
    10 USC Sec. 12320                                           01/03/2007

-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, Secs. 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.

-End-



-CITE-
    10 USC Sec. 12321                                           01/03/2007

-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."

-End-



-CITE-
    10 USC Sec. 12322                                           01/03/2007

-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.)

-End-