A bill to amend chapter 39 of title 10, United States Code, to enable the President to authorize the involuntary order to active duty of Selected Reservists, for a limited period, whether or not a declaration of war or national emergency has been declared.
PL 94-286 (S.2115), enacted 05/14/1976

PUBLIC LAW 94-286—MAY 14, 1976 
90 STAT. 517 
Public Law 94-286 
94th Congress 
An Act 
To amend chapter 39 of title 10, United States Code, to enable the President to 
authorize the involuntary order to active duty of Selected Reservists, for a 
limited period, whether or not a declaration of war or national emergency has 
been declared. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That chapter 39 of 
title 10, United States Code, is amended by inserting the following 
new section after section 67'3a and inserting a corresponding item in 
the chapter analysis: 
"§ 673b. Selected Reserve; order to active duty other than during 
war or national emergency 
"(a) Notwithstanding the provisions of section 673(a) or any other 
provision of law, when the President determines that it is necessary 
to augment the active forces for any operational mission, he may 
authorize the Secretary of Defense and the Secretary of Transporta-
tion 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 268(b) 
of this title), under their respective jurisdictions, to active duty (other 
than for training) for not more than 90 days. 
"(b) 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 3500 or 8500 of this title, or to 
provide assistance to either the Federal Government or a State in time 
of a serious natural or manmade disaster, accident, or catastrophe. 
"(c) Not more than 50,000 members of the Selected Reserve may 
be on active duty under this section at any one time. 
"(d) 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) The Secretary of Defense and the Secretary of Transportation 
shall prescribe such policies and procedures for the Armed Forces 
under their respective jurisdictions as they consider necessary to 
carry out this section. 
"(f) Whenever the President authorizes the Secretary of Defense 
or the Secretary of Transportation to order any unit or member of 
the Selected Reserve to active duty, under the authority of subsection 
(a), he shall, within 24 hours after exercising such authority, submit 
to the Speaker of the House of Representatives and to the President 
pro tempore of the Senate a report, in writing, setting forth the cir-
cumstances necessitating the action taken under this section and 
describing the anticipated use of these units or members. 
"(g) 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 is ordered to active duty under authority of subsection (a), 
May 14, 1976 
[S. 21151 
Armed Forces. 
Selected Reserve, 
involuntary order 
to active duty. 
10 u s e 673b. 
10 u s e 331, 
3500, 8500. 
Policies and 
procedures. 
Report to 
eongress. 
90 STAT. 518 
PUBLIC LAW 94-286—MAY 14, 1976 
the service of all units or members so ordered to active duty may be 
terminated by— 
"(1) order of the President, or 
" (2) a concurrent resolution of the Congress. 
"(h) Nothing contained in this section shall be construed as amend-
ing or limiting the application of the provisions of the War Powers 
i 
Resolution.". 
SEC. 2. Section 2024 of title 38, United States Code, is amended by 
adding the following new subsection after subsection (f) : 
Reemployment 
"(g) Any member of a Reserve component of the Armed Forces of 
rights. 
the L^nited States who is ordered to active duty for not more than 90 
days under section 673b of title 10, United States Code, whether or 
not voluntarily, shall be entitled to all reemployment rights and bene-
fits provided under subsection (c) of this section for persons ordered 
to an initial period of active duty for training of not less than three 
.
^
' 
consecutive months; and shall have the service limitation governing 
eligibility for reemployment rights under subsections (a) and (b) (1) 
of this section extended by his period of such active duty." 
Approved May 14, 1976. 
l:-i!R,-r., 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-1069 (Comm. on Armed Services). 
SENATE REPORT No. 94-562 (Comm. on Armed Services). 
" ' 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
Jan. 26, considered and passed Senate. 
May 3, considered and passed House. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 21: 
May 14, Presidential statement.