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10 U.S.C. § 12319 (ARMED FORCES)
§ 12319. Ready Reserve: muster duty
(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.
(Added Pub. L. 101–189, div. A, title V, § 502(a)(1), Nov. 29, 1989, 103 Stat. 1436, § 687; renumbered § 12319 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(e)(2), 1675(c)(10), Oct. 5, 1994, 108 Stat. 2992, 3018.)
heading: Amendments
text: 1994—Pub. L. 103–337, § 1662(e)(2), renumbered section 687 of this title as this section.
Subsec. (d). Pub. L. 103–337, § 1675(c)(10), substituted “1223” for “67”.
heading: Effective Date of 1994 Amendment
text: 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.
10 U.S.C. § 12320 (ARMED FORCES)
§ 12320. Reserve officers: grade in which ordered to active duty
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.
(Added Pub. L. 96–513, title I, § 106, Dec. 12, 1980, 94 Stat. 2868, § 689; amended Pub. L. 97–22, § 4(g), July 10, 1981, 95 Stat. 127; renumbered § 12320 and amended Pub. L. 103–337, div. A, title XVI, §§ 1625, 1662(e)(2), 1675(c)(11), Oct. 5, 1994, 108 Stat. 2962, 2992, 3018; Pub. L. 104–106, div. A, title XV, § 1501(a)(2), Feb. 10, 1996, 110 Stat. 495.)
heading: Amendments
text: 1996—Pub. L. 104–106 made technical correction to directory language of Pub. L. 103–337, § 1625. See 1994 Amendment note below.
1994—Pub. L. 103–337, § 1675(c)(11), substituted “12207” for “3353, 5600, or 8353”.
Pub. L. 103–337, § 1662(e)(2), renumbered section 689 of this title as this section.
Pub. L. 103–337, § 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.
heading: Effective Date of 1996 Amendment
text: 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.
heading: Effective Date of 1994 Amendment
text: 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.
heading: Effective Date
text: 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.
10 U.S.C. § 12322 (ARMED FORCES)
§ 12322. Active duty for health care
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.
(Added Pub. L. 106–65, div. A, title VII, § 705(a)(1), Oct. 5, 1999, 113 Stat. 683.)
10 U.S.C. § 12323 (ARMED FORCES)
§ 12323. Active duty pending line of duty determination required for response to sexual assault
(a) Continuation on Active Duty.—
In the case of a member of a reserve component who is the alleged victim of sexual assault committed while on active duty and who is expected to be released from active duty before the determination is made regarding whether the member was assaulted while in the line of duty (in this section referred to as a “line of duty determination”), the Secretary concerned, upon the request of the member, may order the member to be retained on active duty until completion of the line of duty determination. A member eligible for continuation on active duty under this subsection shall be informed as soon as practicable after the alleged assault of the option to request continuation on active duty under this subsection.
(b) Return to Active Duty.—
In the case of a member of a reserve component not on active duty who is the alleged victim of a sexual assault that occurred while the member was on active duty and when the line of duty determination is not completed, the Secretary concerned, upon the request of the member, may order the member to active duty for such time as necessary for completion of the line of duty determination.
(c) Regulations.—
The Secretaries of the military departments shall prescribe regulations to carry out this section, subject to guidelines prescribed by the Secretary of Defense. The guidelines of the Secretary of Defense shall provide that—
(1) a request submitted by a member described in subsection (a) or (b) to continue on active duty, or to be ordered to active duty, respectively, must be decided within 30 days from the date of the request; and
(2) if the request is denied, the member may appeal to the first general officer or flag officer in the chain of command of the member, and in the case of such an appeal a decision on the appeal must be made within 15 days from the date of the appeal.
(Added Pub. L. 112–239, div. A, title V, § 571(a), Jan. 2, 2013, 126 Stat. 1753.)
10 U.S.C. § 12401 (ARMED FORCES)
§ 12401. Army and Air National Guard of the United States: status
Members of the Army National Guard of the United States and the Air National Guard of the United States are not in active Federal service except when ordered thereto under law.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(f)(1), Oct. 5, 1994, 108 Stat. 2993.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3495 and 8495 of this title, prior to repeal by Pub. L. 103–337, § 1662(f)(2).
heading: Effective Date
text: Chapter effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
10 U.S.C. § 12402 (ARMED FORCES)
§ 12402. Army and Air National Guard of the United States: commissioned officers; duty in National Guard Bureau
(a) The President may, with their consent, order commissioned officers of the Army National Guard of the United States and the Air National Guard of the United States to active duty in the National Guard Bureau.
(b)
(1) The number of officers of the Army National Guard of the United States in grades below brigadier general who are ordered to active duty in the National Guard Bureau may not be more than 40 percent of the number of officers of the Army authorized for duty in that Bureau and, to the extent practicable, shall not exceed 40 percent of the number of officers of the Army serving in that Bureau in any grade below brigadier general.
(2) The number of officers of the Air National Guard of the United States in grades below brigadier general who are ordered to active duty in the National Guard Bureau may not be more than 40 percent of the number of officers of the Air Force authorized for duty in that Bureau and, to the extent practicable, shall not exceed 40 percent of the number of officers of the Air Force serving in that Bureau in any grade below brigadier general.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(f)(1), Oct. 5, 1994, 108 Stat. 2993; amended Pub. L. 104–106, div. A, title XV, § 1501(b)(18)(B), Feb. 10, 1996, 110 Stat. 497.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3496 and 8496 of this title, prior to repeal by Pub. L. 103–337, § 1662(f)(2).
heading: Amendments
text: 1996—Pub. L. 104–106 inserted “the” in section catchline.
heading: Effective Date of 1996 Amendment
text: 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.
10 U.S.C. § 12403 (ARMED FORCES)
§ 12403. Army and Air National Guard of the United States: members; status in which ordered into Federal service
Members of the Army National Guard of the United States ordered to active duty shall be ordered to duty as Reserves of the Army. Members of the Air National Guard of the United States ordered to active duty shall be ordered to duty as Reserves of the Air Force.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(f)(1), Oct. 5, 1994, 108 Stat. 2993; amended Pub. L. 104–106, div. A, title XV, § 1501(b)(18)(B), Feb. 10, 1996, 110 Stat. 497.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3497 and 8497 of this title, prior to repeal by Pub. L. 103–337, § 1662(f)(2).
heading: Amendments
text: 1996—Pub. L. 104–106 inserted “the” in section catchline.
heading: Effective Date of 1996 Amendment
text: 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.
10 U.S.C. § 12404 (ARMED FORCES)
§ 12404. Army and Air National Guard of the United States: mobilization; maintenance of organization
During an initial mobilization, the organization of a unit of the Army National Guard of the United States or of the Air National Guard of the United States ordered into active Federal service shall, so far as practicable, be maintained as it existed on the date of the order to duty.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(f)(1), Oct. 5, 1994, 108 Stat. 2993; amended Pub. L. 104–106, div. A, title XV, § 1501(b)(18)(B), Feb. 10, 1996, 110 Stat. 497.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3498 and 8498 of this title, prior to repeal by Pub. L. 103–337, § 1662(f)(2).
heading: Amendments
text: 1996—Pub. L. 104–106 inserted “the” in section catchline.
heading: Effective Date of 1996 Amendment
text: 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.
10 U.S.C. § 12405 (ARMED FORCES)
§ 12405. National Guard in Federal service: status
Members of the National Guard called into Federal service are, from the time when they are required to respond to the call, subject to the laws and regulations governing the Army or the Air Force, as the case may be, except those applicable only to members of the Regular Army or Regular Air Force, as the case may be.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(f)(1), Oct. 5, 1994, 108 Stat. 2993.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3499 and 8499 of this title, prior to repeal by Pub. L. 103–337, § 1662(f)(2).
10 U.S.C. § 12406 (ARMED FORCES)
§ 12406. National Guard in Federal service: call
Whenever—
(1) the United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation;
(2) there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or
(3) the President is unable with the regular forces to execute the laws of the United States;
the President may call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary to repel the invasion, suppress the rebellion, or execute those laws. Orders for these purposes shall be issued through the governors of the States or, in the case of the District of Columbia, through the commanding general of the National Guard of the District of Columbia.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(f)(1), Oct. 5, 1994, 108 Stat. 2994; amended Pub. L. 109–163, div. A, title X, § 1057(a)(5), Jan. 6, 2006, 119 Stat. 3440.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3500 and 8500 of this title, prior to repeal by Pub. L. 103–337, § 1662(f)(2).
heading: Amendments
text: 2006—Par. (1). Pub. L. 109–163 substituted “Commonwealths or possessions” for “Territories, Commonwealths, or possessions”.
10 U.S.C. § 12407 (ARMED FORCES)
§ 12407. National Guard in Federal service: period of service; apportionment
(a) Whenever the President calls the National Guard of a State into Federal service, he may specify in the call the period of the service. Members and units called shall serve inside or outside the territory of the United States during the term specified, unless sooner relieved by the President. However, no member of the National Guard may be kept in Federal service beyond the term of his commission or enlistment.
(b) When the National Guard of a State is called into Federal service with the National Guard of another State, the President may apportion the total number called from the Army National Guard or from the Air National Guard, as the case may be, on the basis of the populations of the States affected by the call.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(f)(1), Oct. 5, 1994, 108 Stat. 2994; amended Pub. L. 104–106, div. A, title XV, § 1501(b)(19), Feb. 10, 1996, 110 Stat. 497.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3501 and 8501 of this title, prior to repeal by Pub. L. 103–337, § 1662(f)(2).
heading: Amendments
text: 1996—Subsec. (b). Pub. L. 104–106 substituted “another State” for “another of those jurisdictions” and “States affected” for “jurisdictions affected”.
heading: Effective Date of 1996 Amendment
text: 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.
10 U.S.C. § 12408 (ARMED FORCES)
§ 12408. National Guard in Federal service: physical examination
(a) Under regulations prescribed by the President, each member of the National Guard called into Federal service under section 12301(a), 12302, or 12304 of this title shall be examined as to physical fitness, without further commission or enlistment.
(b) Immediately before such a member is mustered out of Federal service, he shall be examined as to physical fitness. The record of this examination shall be retained by the United States.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(f)(1), Oct. 5, 1994, 108 Stat. 2994; amended Pub. L. 104–201, div. A, title V, § 523, Sept. 23, 1996, 110 Stat. 2517.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3502 and 8502 of this title, prior to repeal by Pub. L. 103–337, § 1662(f)(2).
heading: Amendments
text: 1996—Subsec. (a). Pub. L. 104–201 inserted “under section 12301(a), 12302, or 12304 of this title” after “called into Federal service”.
10 U.S.C. § 12501 (ARMED FORCES)
§ 12501. Reserve components: detail of members of regular and reserve components to assist
The Secretary concerned shall detail such members of the regular and reserve components under his jurisdiction as are necessary to effectively develop, train, instruct, and administer those reserve components.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(g)(1), Oct. 5, 1994, 108 Stat. 2995.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 715 of this title, prior to repeal by Pub. L. 103–337, § 1662(g)(2).
heading: Effective Date
text: Chapter effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
10 U.S.C. § 12502 (ARMED FORCES)
§ 12502. Chief and assistant chief of staff of National Guard divisions and wings in Federal service: detail
(a) The President may detail a regular or reserve officer of the Army as chief of staff, and a regular or reserve officer or an officer of the Army National Guard as assistant to the chief of staff, of any division of the Army National Guard that is in Federal service as an Army National Guard organization.
(b) The President may detail a regular or reserve officer of the Air Force as chief of staff, and a regular or reserve officer or an officer of the Air National Guard as assistant to the chief of staff, of any wing of the Air National Guard that is in Federal service as an Air National Guard organization.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(g)(1), Oct. 5, 1994, 108 Stat. 2995.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3542 and 8542 of this title, prior to repeal by Pub. L. 103–337, § 1662(g)(2).
10 U.S.C. § 12505 (ARMED FORCES)
[§ 12505. Repealed. Pub. L. 106–398, § 1 [[div. A], title V, § 507(f)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–105]
text: Section, added Pub. L. 106–65, div. A, title V, § 554(a)(1), Oct. 5, 1999, 113 Stat. 616, related to selection of officers for certain senior reserve component positions.
10 U.S.C. § 12521 (ARMED FORCES)
§ 12521. Definitions
In this chapter:
(1) The term “insurance program” means the Ready Reserve Mobilization Income Insurance Program established under section 12522 of this title.
(2) The term “covered service” means active duty performed by a member of a reserve component under an order to active duty for a period of more than 30 days which specifies that the member’s service—
(A) is in support of an operational mission for which members of the reserve components have been ordered to active duty without their consent; or
(B) is in support of forces activated during a period of war declared by Congress or a period of national emergency declared by the President or Congress.
(3) The term “insured member” means a member of the Ready Reserve who is enrolled for coverage under the insurance program in accordance with section 12524 of this title.
(4) The term “Secretary” means the Secretary of Defense.
(5) The term “Department” means the Department of Defense.
(6) The term “Board of Actuaries” means the Department of Defense Board of Actuaries under section 183 of this title.
(7) The term “Fund” means the Reserve Mobilization Income Insurance Fund established by section 12528(a) of this title.
(Added Pub. L. 104–106, div. A, title V, § 512(a)(1), Feb. 10, 1996, 110 Stat. 299; amended Pub. L. 110–181, div. A, title IX, § 906(c)(4), Jan. 28, 2008, 122 Stat. 277.)
heading: Amendments
text: 2008—Par. (6). Pub. L. 110–181 substituted “Department of Defense Board of Actuaries under section 183 of this title” for “Department of Defense Education Benefits Board of Actuaries referred to in section 2006(e)(1) of this title”.
heading: Effective Date
text: Pub. L. 104–106, div. A, title V, § 512(b), Feb. 10, 1996, 110 Stat. 305, provided that: “The insurance program provided for in chapter 1214 of title 10, United States Code, as added by subsection (a), and the requirement for deductions and contributions for that program shall take effect on September 30, 1996, or on any earlier date declared by the Secretary and published in the Federal Register.”
10 U.S.C. § 12522 (ARMED FORCES)
§ 12522. Establishment of insurance program
(a) Establishment.—
The Secretary shall establish for members of the Ready Reserve (including the Coast Guard Reserve) an insurance program to be known as the “Ready Reserve Mobilization Income Insurance Program”.
(b) Administration.—
The insurance program shall be administered by the Secretary. The Secretary may prescribe in regulations such rules, procedures, and policies as the Secretary considers necessary or appropriate to carry out the insurance program.
(c) Agreement With Secretary of Homeland Security.—
The Secretary and the Secretary of Homeland Security shall enter into an agreement with respect to the administration of the insurance program for the Coast Guard Reserve.
(Added Pub. L. 104–106, div. A, title V, § 512(a)(1), Feb. 10, 1996, 110 Stat. 299; amended Pub. L. 107–296, title XVII, § 1704(b)(1), (7), Nov. 25, 2002, 116 Stat. 2314.)
heading: Amendments
text: 2002—Subsec. (c). Pub. L. 107–296 substituted “Homeland Security” for “Transportation” in heading and text.
heading: Effective Date of 2002 Amendment
text: 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.
10 U.S.C. § 12523 (ARMED FORCES)
§ 12523. Risk insured
(a) In General.—
The insurance program shall insure members of the Ready Reserve against the risk of being ordered into covered service.
(b) Entitlement to Benefits.—
(1) An insured member ordered into covered service shall be entitled to payment of a benefit for each month (and fraction thereof) of covered service that exceeds 30 days of covered service, except that no member may be paid under the insurance program for more than 12 months of covered service served during any period of 18 consecutive months.
(2) Payment shall be based solely on the insured status of a member and on the period of covered service served by the member. Proof of loss of income or of expenses incurred as a result of covered service may not be required.
(Added Pub. L. 104–106, div. A, title V, § 512(a)(1), Feb. 10, 1996, 110 Stat. 300.)