Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
This commit is contained in:
Fabio
@@ -0,0 +1,91 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12301"
|
||||
description: "Reserve components generally"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1209"
|
||||
chapter_name: "ACTIVE DUTY"
|
||||
section: "12301"
|
||||
citation: "10 U.S.C. § 12301"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12301"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "71fe604c4842f3a5208f7b103ec92b7745f9cac858e0fe1e92d9acf302b9f3e9"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "98a8baa7aaada3e39bb0037f8a284022964692387f7aef682462ba379579f02c"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12301 - Reserve components generally
|
||||
|
||||
## Text
|
||||
|
||||
(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.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 27, § 672; Pub. L. 85–861, §§ 1(13), 33(a)(5), Sept. 2, 1958, 72 Stat. 1440, 1564; Pub. L. 96–357, § 6, Sept. 24, 1980, 94 Stat. 1182; Pub. L. 96–584, § 1, Dec. 23, 1980, 94 Stat. 3377; Pub. L. 99–500, § 101(c) [title IX, § 9122], Oct. 18, 1986, 100 Stat. 1783–82, 1783–127, and Pub. L. 99–591, § 101(c) [title IX, § 9122], Oct. 30, 1986, 100 Stat. 3341–82, 3341–127; Pub. L. 99–661, div. A, title V, §§ 522, 524(a), Nov. 14, 1986, 100 Stat. 3871; Pub. L. 100–456, div. A, title XII, § 1234(a)(1), (2), Sept. 29, 1988, 102 Stat. 2059; renumbered § 12301 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(e)(2), 1675(c)(1), Oct. 5, 1994, 108 Stat. 2992, 3017; Pub. L. 106–65, div. A, title V, § 512, Oct. 5, 1999, 113 Stat. 592; Pub. L. 108–375, div. A, title V, § 514(a), Oct. 28, 2004, 118 Stat. 1882.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 672(a)672(b)672(c)672(d)50:961(a).50:961(c).50:961(g).50:961(d).50:962 (1st sentence).July 9, 1952, ch. 608, §§ 233 (less (b) and (f)), 234 (1st sentence), 66 Stat. 489, 490. 672(e)50:961(e). In subsection (a), the word “hereafter” is omitted as surplusage. The words “there are not enough * * * who are” are substituted for the words “adequate numbers of * * * are not”. The words “without the consent of the persons affected” and “under the jurisdiction of that Secretary” are inserted for clarity. The words “and the members thereof” are omitted as surplusage. In subsection (b), the words “without the consent of the persons affected” are substituted for the words “without his consent”, since units as well as individuals are covered by the revised subsection. The words “and the members thereof”, “and required to perform”, “or required to serve on”, and “in the service of the United States” are omitted as surplusage. In subsections (b) and (d), the words “active duty for training” are omitted as covered by the words “active duty”. In subsection (c), the words “to active duty” are substituted for the words “into the active military service of the United States”, in 50:961(g) (1st and last sentences). The words “to serve” are substituted for the words “for the purpose of serving”. The words “without their consent” are substituted for the word “involuntarily”. The words “to that duty” are substituted for the words “into active duty”. The last sentence of the revised subsection is substituted for 50:961(g) (last sentence). In subsection (d), the words “the consent of that member” are substituted for the words “his consent”. The words “under his jurisdiction” are inserted for clarity. 50:962 (last 15 words of 1st sentence) is omitted as covered by 50:961(d). In subsection (e), the words “to active duty (other than for training)” are substituted for the words “into the active military service of the United States”. The words “period of” are omitted as surplusage. The word “requirements” is substituted for the word “condition” for clarity.
|
||||
|
||||
1958 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 672(a)50:961(a).Aug. 9, 1955, ch. 665, § 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)).
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
|
||||
|
||||
Amendments2004—Subsec. (a). Pub. L. 108–375, § 514(a)(1), struck out “(other than for training)” after “that Secretary to active duty”. Subsec. (c). Pub. L. 108–375, § 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, § 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, § 1662(e)(2), renumbered section 672 of this title as this section. Subsec. (b). Pub. L. 103–337, § 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, § 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, § 1234(a)(2), substituted “or Puerto Rico” for “, Puerto Rico, or the Canal Zone,”. Subsec. (d). Pub. L. 100–456, § 1234(a)(1), struck out “the Canal Zone,” after “Puerto Rico,”. 1986—Subsec. (f). Pub. L. 99–500 and Pub. L. 99–591, § 101(c) [§ 9122], Pub. L. 99–661, § 522, amended section identically adding subsec. (f). Subsec. (g). Pub. L. 99–661, § 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, §§ 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, § 33(a)(5), inserted “(other than for training)” after “active duty”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment 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 AmendmentPub. L. 99–661, div. A, title V, § 524(b), Nov. 14, 1986, 100 Stat. 3872, 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 AmendmentAmendment 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 99–661For rule of construction for certain duplicate provisions of Public Laws 99–500, 99–591, and 99–661, see Pub. L. 100–26, § 6, Apr. 21, 1987, 101 Stat. 274, set out as a note under section 101 of this title.
|
||||
|
||||
Quarantine Lodging for Members of the Reserve Components Who Perform Certain Service in Response to the COVID–19 EmergencyPub. L. 116–283, div. A, title V, § 517, Jan. 1, 2021, 134 Stat. 3590, provided that: “(a) In General.—The Secretary of Defense may provide, to a member of the reserve components of the Armed Forces who performs a period of covered service, housing for not fewer than 14 days immediately after the end of such period of covered service. “(b) Definitions.—In this section:“(1) The term ‘active service’ has the meaning given that term in section 101 of title 10, United States Code. “(2) The term ‘covered service’ means active service performed in response to the covered national emergency. “(3) The term ‘covered national emergency’ means the national emergency declared on March 13, 2020, by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to COVID–19.”
|
||||
|
||||
Limitations on Cancellations of Deployment of Certain Reserve Component Units and Involuntary Mobilizations of Certain ReservesPub. L. 113–66, div. A, title V, § 513, Dec. 26, 2013, 127 Stat. 752, provided that: “(a) Limitation on Cancellation of Deployment of Certain Units Within 180 Days of Scheduled Deployment.—“(1) Limitation.—The deployment of a unit of a reserve component of the Armed Forces described in paragraph (2) may not be cancelled during the 180-day period ending on the date on which the unit is otherwise scheduled for deployment without the approval, in writing, of the Secretary of Defense. “(2) Covered deployments.—A deployment of a unit of a reserve component described in this paragraph is a deployment whose cancellation as described in paragraph (1) is due to the deployment of a unit of a regular component of the Armed Forces to carry out the mission for which the unit of the reserve component was otherwise to be deployed. “(3) Notice to congress and governors on approval of cancellation of deployment.—On approving the cancellation of deployment of a unit under paragraph (1), the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] and the Governor concerned a notice on the approval of cancellation of deployment of the unit. “(b) Advance Notice to Certain Reserves on Involuntary Mobilization.—“(1) Advance notice required.—The Secretary concerned may not provide less than 120 days advance notice of an involuntary mobilization to a member of the reserve component of the Armed Forces described in paragraph (2) without the approval, in writing, of the Secretary of Defense. “(2) Covered reserves.—A member of a reserve component described in this paragraph is a member as follows:“(A) A member who is not assigned to a unit organized to serve as a unit. “(B) A member who is to be mobilized apart from the member’s unit. “(3) Commencement of applicability.—This subsection shall apply with respect to members who are mobilized on or after the date that is 120 days after the date of the enactment of this Act [Dec. 26, 2013]. “(4) Secretary concerned defined.—In this subsection, the term ‘Secretary concerned’ has the meaning given that term in section 101(a)(9) of title 10, United States Code. “(5) Sunset.—This subsection shall cease to apply as of the date of the completion of the withdrawal of United States combat forces from Afghanistan. “(c) Nondelegation of Approval.—The Secretary of Defense may not delegate the approval of cancellations of deployments of units under subsection (a) or the approval of mobilization of Reserves without advance notice under subsection (b).”
|
||||
|
||||
Advance Notice to Members of Reserve Components of Deployment in Support of Contingency OperationsPub. L. 110–181, div. A, title V, § 515, Jan. 28, 2008, 122 Stat. 99, provided that: “(a) Advance Notice Required.—The Secretary of a military department shall ensure that a member of a reserve component under the jurisdiction of that Secretary who will be called or ordered to active duty for a period of more than 30 days in support of a contingency operation (as defined in section 101(a)(13) of title 10, United States Code) receives notice in advance of the mobilization date. In so far as is practicable, the notice shall be provided not less than 30 days before the mobilization date, but with a goal of 90 days before the mobilization date. “(b) Reduction or Waiver of Notice Requirement.—The Secretary of Defense may waive the requirement of subsection (a), or authorize shorter notice than the minimum specified in such subsection, during a war or national emergency declared by the President or Congress or to meet mission requirements. If the waiver or reduction is made on account of mission requirements, the Secretary shall submit to Congress a report detailing the reasons for the waiver or reduction and the mission requirements at issue.”
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,61 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12303"
|
||||
description: "Ready Reserve: members not assigned to, or participating satisfactorily in, units"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1209"
|
||||
chapter_name: "ACTIVE DUTY"
|
||||
section: "12303"
|
||||
citation: "10 U.S.C. § 12303"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12303"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "dae00d66df2f3e6a73d70bd30642e9547fc0b4f92ac4ffee49bdc3327782097c"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "ac8af956b24ac6a6b45da7c63a070350788a7c4b1a0ae237c8cf45dcd827e1e9"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12303 - Ready Reserve: members not assigned to, or participating satisfactorily in, units
|
||||
|
||||
## Text
|
||||
|
||||
(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.
|
||||
|
||||
(Added Pub. L. 90–40, § 6(1), June 30, 1967, 81 Stat. 105, § 673a; renumbered § 12303, Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1994—Pub. L. 103–337 renumbered section 673a of this title as this section.
|
||||
|
||||
Executive Documents
|
||||
|
||||
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, § 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.
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,39 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12304a"
|
||||
description: "Army Reserve, Navy Reserve, Marine Corps Reserve, and Air Force Reserve: order to active duty to provide assistance in response to a major disaster or emergency"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1209"
|
||||
chapter_name: "ACTIVE DUTY"
|
||||
section: "12304a"
|
||||
citation: "10 U.S.C. § 12304a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12304a"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "ca78327f3adda99db32d474c17cb2f166afe8aa22080799833103fb716ab1409"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "eee844bee7cbad07dc45d5611de327e510141b34be6321877dcc75e89ea94e1b"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12304a - Army Reserve, Navy Reserve, Marine Corps Reserve, and Air Force Reserve: order to active duty to provide assistance in response to a major disaster or emergency
|
||||
|
||||
## Text
|
||||
|
||||
(a) Authority.— When a Governor requests Federal assistance in responding to a major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), the Secretary of Defense may, without the consent of the member affected, order any unit, and any member not assigned to a unit organized to serve as a unit, of the Army Reserve, Navy Reserve, Marine Corps Reserve, and Air Force Reserve to active duty for a continuous period of not more than 120 days to respond to the Governor’s request.
|
||||
|
||||
(b) Exclusion From Strength Limitations.— Members ordered to active duty under this section shall not be counted in computing authorized strength of members on active duty or members in grade under this title or any other law.
|
||||
|
||||
(c) Termination of Duty.— Whenever any unit or member of the reserve components is ordered to active duty under this section, the service of all units or members so ordered to active duty may be terminated by order of the Secretary of Defense or law.
|
||||
|
||||
(Added Pub. L. 112–81, div. A, title V, § 515(a)(1), Dec. 31, 2011, 125 Stat. 1394.)
|
||||
@@ -0,0 +1,79 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12304b"
|
||||
description: "Selected Reserve: order to active duty for preplanned missions in support of the combatant commands"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1209"
|
||||
chapter_name: "ACTIVE DUTY"
|
||||
section: "12304b"
|
||||
citation: "10 U.S.C. § 12304b"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12304b"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "2196e2f9cf2dd9c4cc29db8096957f473fdd9baecb0af97bfbddec39206da5b5"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "a5c3327e32f2661f8d547d277c071ca171c0a73384fdddf73c05587b0e05f510"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12304b - Selected Reserve: order to active duty for preplanned missions in support of the combatant commands
|
||||
|
||||
## Text
|
||||
|
||||
(a) Authority.— When the Secretary of a military department determines that it is necessary to augment the active forces for a preplanned mission in support of a combatant command, the Secretary may, subject to subsection (b), order any unit of the Selected Reserve (as defined in section 10143(a) of this title), without the consent of the members, to active duty for not more than 365 consecutive days.
|
||||
|
||||
(b) Limitations.— (1) (A) Except as provided under subparagraph (B), units may be ordered to active duty under this section only if—
|
||||
|
||||
(i) the manpower and associated costs of such active duty are specifically included and identified in the defense budget materials for the fiscal year or years in which such units are anticipated to be ordered to active duty; and
|
||||
|
||||
(ii) the budget information on such costs includes a description of the mission for which such units are anticipated to be ordered to active duty and the anticipated length of time of the order of such units to active duty on an involuntary basis.
|
||||
|
||||
(B) In the event the President’s budget is delivered later than April 1st in the year prior to the year of the mobilization of one or more units under this section, the Secretary concerned may submit to Congress the information required under subparagraph (A) in a separate notice.
|
||||
|
||||
(2) Not more than 60,000 members of the reserve components of the armed forces may be on active duty under this section at any one time.
|
||||
|
||||
(c) 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 total number of members in grade under this title or any other law.
|
||||
|
||||
(d) Notice to Congress.— Whenever the Secretary of a military department orders any unit of the Selected Reserve to active duty under subsection (a), such Secretary shall submit to Congress a report, in writing, setting forth the circumstances necessitating the action taken under this section and describing the anticipated use of such unit.
|
||||
|
||||
(e) Termination of Duty.— Whenever any unit of the Selected Reserve is ordered to active duty under subsection (a), the service of all units so ordered to active duty may be terminated—
|
||||
|
||||
(1) by order of the Secretary of the military department concerned; or
|
||||
|
||||
(2) by law.
|
||||
|
||||
(f) 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.).
|
||||
|
||||
(g) Considerations for Involuntary Order to Active Duty.— In determining which units of the Selected Reserve will be ordered to duty without their consent under this section, appropriate consideration shall be given to—
|
||||
|
||||
(1) the length and nature of previous service, to assure such sharing of exposure to hazards as national security and military requirements will reasonably allow;
|
||||
|
||||
(2) the frequency of assignments during service career;
|
||||
|
||||
(3) family responsibilities; and
|
||||
|
||||
(4) employment necessary to maintain the national health, safety, or interest.
|
||||
|
||||
(h) Policies and Procedures.— The Secretaries of the military departments shall prescribe policies and procedures to carry out this section, including on determinations with respect to orders to active duty under subsection (g). Such policies and procedures shall not go into effect until approved by the Secretary of Defense.
|
||||
|
||||
(i) Defense Budget Materials Defined.— In this section, the term “defense budget materials” has the meaning given that term in section 231(f)(2) 11 See References in Text note below. of this title.
|
||||
|
||||
(Added Pub. L. 112–81, div. A, title V, § 516(a)(1), Dec. 31, 2011, 125 Stat. 1395; amended Pub. L. 112–239, div. A, title X, § 1014(b), Jan. 2, 2013, 126 Stat. 1908; Pub. L. 118–31, div. A, title V, § 513, Dec. 22, 2023, 137 Stat. 245.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe War Powers Resolution, referred to in subsec. (f), is Pub. L. 93–148, Nov. 7, 1973, 87 Stat. 555, which is classified generally to chapter 33 (§ 1541 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1541 of Title 50 and Tables. Section 231(f)(2) of this title, referred to in subsec. (i), was redesignated as section 231(g)(2) of this title by Pub. L. 117–263, div. A, title III, § 352(a)(2), Dec. 23, 2022, 136 Stat. 2533, and subsequently was redesignated as section 231(h)(2) of this title by Pub. L. 118–159, div. A, title X, § 1021(1), Dec. 23, 2024, 138 Stat. 2052.
|
||||
|
||||
Amendments2023—Subsec. (b)(1). Pub. L. 118–31 substituted “(A) Except as provided under subparagraph (B), units” for “Units”, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and added subpar. (B). 2013—Subsec. (i). Pub. L. 112–239 substituted “section 231(f)(2)” for “section 231(g)(2)”.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12305"
|
||||
description: "Authority of President to suspend certain laws relating to promotion, retirement, and separation"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1209"
|
||||
chapter_name: "ACTIVE DUTY"
|
||||
section: "12305"
|
||||
citation: "10 U.S.C. § 12305"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12305"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "9fad03c2daadea88da6fa7b7cfd96eccfab9036bffa399ddfd1cda0a86cae757"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "418c55428092c2b601fd2530eed81dfa8a8219513a259ed925d67053e7fa4b53"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12305 - Authority of President to suspend certain laws relating to promotion, retirement, and separation
|
||||
|
||||
## Text
|
||||
|
||||
(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.
|
||||
|
||||
(Added Pub. L. 98–94, title X, § 1021(a), Sept. 24, 1983, 97 Stat. 670, § 673c; amended Pub. L. 98–525, title XIV, § 1405(16), Oct. 19, 1984, 98 Stat. 2622; renumbered § 12305 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(e)(2), 1675(c)(3), Oct. 5, 1994, 108 Stat. 2992, 3017; Pub. L. 107–107, div. A, title V, § 508(a), Dec. 28, 2001, 115 Stat. 1090.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2001—Subsec. (c). Pub. L. 107–107 added subsec. (c). 1994—Pub. L. 103–337, § 1662(e)(2), renumbered section 673c of this title as this section. Subsecs. (a), (b). Pub. L. 103–337, § 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”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment 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.
|
||||
|
||||
Executive Documents
|
||||
|
||||
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, § 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.
|
||||
@@ -0,0 +1,55 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12306"
|
||||
description: "Standby Reserve"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1209"
|
||||
chapter_name: "ACTIVE DUTY"
|
||||
section: "12306"
|
||||
citation: "10 U.S.C. § 12306"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12306"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "4d343da7f03057b6cfde7dc1730f6584517ff7d6136040f8d9254f8d6211da7b"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "fb2ff984504495a1fd769f982c3eaef52b269d445fb78feba83b021f71957cc5"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12306 - Standby Reserve
|
||||
|
||||
## Text
|
||||
|
||||
(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.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 29, § 674; Pub. L. 87–651, title I, § 130, Sept. 7, 1962, 76 Stat. 514; renumbered § 12306 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(e)(2), 1675(c)(4), Oct. 5, 1994, 108 Stat. 2992, 3017; Pub. L. 108–375, div. A, title V, § 514(d), Oct. 28, 2004, 118 Stat. 1883.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 674(a) 674(b)50:926(a) (less 1st 28 words).50:926(b).July 9, 1952, ch. 608, § 206 (less 1st 28 words of (a)), 66 Stat. 483. In subsection (b), the words “to serve” are substituted for the words “for the purpose of serving”. The words “there are not enough * * * that are” are substituted for the words “adequate numbers of * * * are not”. The words “(other than for training)” are inserted, since the words “active duty” were defined in the source statute cited above to exclude “active duty for training”.
|
||||
|
||||
1962 ActThe 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.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2004—Subsec. (a). Pub. L. 108–375, § 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, § 514(d)(2)(A), substituted “under section 12301(a) of this title” for “(other than for training)”. Subsec. (b)(2). Pub. L. 108–375, § 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, § 1662(e)(2), renumbered section 674 of this title as this section. Subsec. (a). Pub. L. 103–337, § 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”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12307"
|
||||
description: "Retired Reserve"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1209"
|
||||
chapter_name: "ACTIVE DUTY"
|
||||
section: "12307"
|
||||
citation: "10 U.S.C. § 12307"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12307"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "f51b8c055d7a3412af51c2c004f93c063ab4991137435ecff6576549fcef3082"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "cfa7aba38869126973ff6cc2df14397660c04970594c57ca94f2669f2f628450"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12307 - Retired Reserve
|
||||
|
||||
## Text
|
||||
|
||||
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.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 29, § 675; Pub. L. 98–94, title X, § 1017(a), Sept. 24, 1983, 97 Stat. 669; Pub. L. 101–189, div. A, title VI, § 651(d), Nov. 29, 1989, 103 Stat. 1461; renumbered § 12307 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(e)(2), 1675(c)(5), Oct. 5, 1994, 108 Stat. 2992, 3017; Pub. L. 104–106, div. A, title XV, § 1501(b)(17), Feb. 10, 1996, 110 Stat. 497.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 67550:927(c).July 9, 1952, ch. 608, § 207(c), 66 Stat. 483.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1996—Pub. L. 104–106 substituted “Retired Reserve (other” for “Ready Reserve (other”. 1994—Pub. L. 103–337, § 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, § 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.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentAmendment 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 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12308"
|
||||
description: "Retention after becoming qualified for retired pay"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1209"
|
||||
chapter_name: "ACTIVE DUTY"
|
||||
section: "12308"
|
||||
citation: "10 U.S.C. § 12308"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12308"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "210a6a1d8a3f97a504daed5762cf12e3e1d5e4d391a0750b1688fd06ee89c05a"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "ee60a775ad5966a7c6607abf390aa35f9e9802f0183eee4fd2f11e62bce9db6a"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12308 - Retention after becoming qualified for retired pay
|
||||
|
||||
## Text
|
||||
|
||||
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.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 29, § 676; renumbered § 12308 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(e)(2), 1675(c)(6), Oct. 5, 1994, 108 Stat. 2992, 3017.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 67610:1036a(e).34:440i(e).June 29, 1948, ch. 708, § 302(e), 62 Stat. 1088. The words “active duty, or in service, in a reserve component other than that listed in section 1332(b) of this title” are inserted to reflect the words “Federal service”, as used in Title III of the source statute. The words “that service for all purposes” are substituted for 10:1036a(e) (last 11 words) and 34:440i(e) (last 11 words). The words “upon attaining the age of sixty years” are omitted as surplusage.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1994—Pub. L. 103–337, § 1675(c)(6), substituted “1223” for “67” and “12732(b)” for “1332(b)”. Pub. L. 103–337, § 1662(e)(2), renumbered section 676 of this title as this section.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12309"
|
||||
description: "Reserve officers: use of in expansion of armed forces"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1209"
|
||||
chapter_name: "ACTIVE DUTY"
|
||||
section: "12309"
|
||||
citation: "10 U.S.C. § 12309"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12309"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "eb5da5190329127c69d20d526dd3a1fe8f6790382b718fb80b5640377fc9cd53"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "6601174639fcc193e00c0babe64c45ebc850557b932f7149001850e19712eeb8"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12309 - Reserve officers: use of in expansion of armed forces
|
||||
|
||||
## Text
|
||||
|
||||
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.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 29, § 677; renumbered § 12309, Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 67750:961(f).July 9, 1952, ch. 608, § 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”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1994—Pub. L. 103–337 renumbered section 677 of this title as this section.
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,55 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12311"
|
||||
description: "Active duty agreements"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1209"
|
||||
chapter_name: "ACTIVE DUTY"
|
||||
section: "12311"
|
||||
citation: "10 U.S.C. § 12311"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12311"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "55409e974e6eca25c0ed5dd6b80cb5234c1c52be1f92b39968057d56c4853e52"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "4fceaba828c72cbb229ef8aa7b65933a8f62988590c6944aa346ba21b8aaff82"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12311 - Active duty agreements
|
||||
|
||||
## Text
|
||||
|
||||
(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.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 30, § 679; Pub. L. 96–513, title V, § 511(19), Dec. 12, 1980, 94 Stat. 2921; renumbered § 12311, Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 679(a) 50:963(a) (less last sentence).50:963(c).50:963(f).July 9, 1952, ch. 608, §§ 235 (less last sentence of (a), and less (b)), 236, 66 Stat. 491. 679(b)50:963(d). 679(c)50:963(e). 679(d)50:964. In subsection (a), the words “To provide definite terms of active duty for” are substituted for the words “In order that * * * may remain on or be ordered to active duty * * * for terms of service of definite duration”. The words “with their consent” are substituted for the word “voluntarily”. The words “requiring the member to serve” are substituted for 50:963(c). The words “more than” are substituted for the words “to exceed”. The second sentence is substituted for 50:963(a) (2d sentence). The word “hereafter” is omitted as surplusage. 50:963(f) is omitted as executed. The words “under his jurisdiction” are inserted for clarity. In subsection (b), the words “is at least * * * longer” are substituted for the words “exceeds by at least”. The words “active duty that the member is otherwise required to perform” are substituted for the words “obligated or involuntary active duty to which he is otherwise liable”. In subsection (c), the words “for the armed forces under his jurisdiction” are inserted for clarity.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2002—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”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2002 AmendmentAmendment 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 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,63 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12312"
|
||||
description: "Active duty agreements: release from duty"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1209"
|
||||
chapter_name: "ACTIVE DUTY"
|
||||
section: "12312"
|
||||
citation: "10 U.S.C. § 12312"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12312"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "1477932a04e590ef48624932d29e162d00b583956ad4fbb7274922f1f71ad4ff"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "80c36db9112524b44dcde00ca0ee4c101548e5a91ed75ce8ac951001fccbe4f6"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12312 - Active duty agreements: release from duty
|
||||
|
||||
## Text
|
||||
|
||||
(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 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.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 30, § 680; Pub. L. 87–509, § 2, June 28, 1962, 76 Stat. 121; Pub. L. 98–525, title V, § 533(b), title XIV, § 1405(17), Oct. 19, 1984, 98 Stat. 2528, 2622; renumbered § 12312 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(e)(2), 1675(c)(8), Oct. 5, 1994, 108 Stat. 2992, 3017.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 680(a)680(b)50:963(a) (last sentence).50:963(b).July 9, 1952, ch. 608, § 235(a) (last sentence), (b), 66 Stat. 491. In subsections (a) and (b), the words “without his consent” are substituted for the word “involuntary”. In subsection (a)(1), the word “because” is substituted for the words “by reason”. The words “actual personnel strength” are substituted for the words “numerical strength of the military personnel”. In subsection (a)(2), the words “for any other reason” are substituted for the words “for reasons other than that prescribed in paragraph (1)”. The words “dismissed or discharged” are inserted for clarity. The words “at least” are substituted for the word “duration”. The words “is convicted and sentenced * * * and the sentence has become final” are substituted for the words “final conviction and sentence”. The words “from active duty” are omitted as surplusage. In subsection (b), the words “before the end of” are substituted for the words “prior to the expiration of the period of service under”. The words “computed by multiplying * * * and fractions of a year of his unexpired period of service under the agreement by the sum of one month’s * * * pay, and allowances” are substituted for the words “equal to one month’s pay and allowances multiplied by * * * (including any pro rata part thereof) remaining as the unexpired period of his agreement for active duty”. The words “basic * * * special pay * * * to which he is entitled on the day of his release” are substituted for 50:963(b) (2d sentence). The third sentence is substituted for 50:963(b) (last sentence). The last sentence is substituted for 50:963(b) (words within 1st parentheses). In subsection (b)(2), the words “because of” are substituted for the words “when such release is due to”. In subsection (b)(5), the words “to accept” are substituted for the words “for the purpose of accepting”. The words “of an armed force” are inserted for clarity.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1994—Pub. L. 103–337, § 1662(e)(2), renumbered section 680 of this title as this section. Subsecs. (a), (b). Pub. L. 103–337, § 1675(c)(8), substituted “12311(a)” for “679(a)”. 1984—Subsec. (a)(2)(D). Pub. L. 98–525, § 1405(17), substituted “reserve officer” for “Reserve Officer”. Subsec. (b)(3). Pub. L. 98–525, § 533(b), inserted “, separation pay,” after “retired pay”. 1962—Subsec. (a)(2)(D). Pub. L. 87–509 added cl. (D).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12313"
|
||||
description: "Reserves: release from active duty"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1209"
|
||||
chapter_name: "ACTIVE DUTY"
|
||||
section: "12313"
|
||||
citation: "10 U.S.C. § 12313"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12313"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "22bdd98fbe21c4ed670af28853000c759d435dff130e5f5b6dc16d0708241e46"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "8b87d344da15bc005b1cbbfb45b077741fe74973144c8e49b809aab485e5f999"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12313 - Reserves: release from active duty
|
||||
|
||||
## Text
|
||||
|
||||
(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.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 31, § 681; renumbered § 12313, Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 681(a)681(b)50:967(a).50:967 (less (a)).July 9, 1952, ch. 608, § 239, 66 Stat. 492. In subsection (a), the word “title” is substituted for the word “chapter”. The provisions of this title relating to active duty of Reserves are based on the Armed Forces Reserve Act of 1952. The words “under his jurisdiction” are inserted for clarity. The words “or active duty for training” are omitted as covered by the words “active duty”. Subsection (b) is substituted for 50:967(b). Clause (3) is inserted, since other provisions of law are necessarily exceptions to the general rule here stated.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1994—Pub. L. 103–337 renumbered section 681 of this title as this section.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12314"
|
||||
description: "Reserves: kinds of duty"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1209"
|
||||
chapter_name: "ACTIVE DUTY"
|
||||
section: "12314"
|
||||
citation: "10 U.S.C. § 12314"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12314"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "ea749206678f56fe0cdbf85a7c1c6ac5844eeb6ae784a7b0f58324bbed99f203"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "5873aa0fdf809858e4b3d3446223ce39234dd6f095eacca9b2237fe8d9dd7639"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12314 - Reserves: kinds of duty
|
||||
|
||||
## Text
|
||||
|
||||
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.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 31, § 682; renumbered § 12314, Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 68250:965.July 9, 1952, ch. 608, § 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.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1994—Pub. L. 103–337 renumbered section 682 of this title as this section.
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12315"
|
||||
description: "Reserves: duty with or without pay"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1209"
|
||||
chapter_name: "ACTIVE DUTY"
|
||||
section: "12315"
|
||||
citation: "10 U.S.C. § 12315"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12315"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "cfe805f95a49436de0e06df92dbe76f72143b6c7b74a58ebd199437690b3ff97"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "ddc39008831676a67cb4e48fd118af4137b0c293f598f6c1f783968bf1feeee4"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12315 - Reserves: duty with or without pay
|
||||
|
||||
## Text
|
||||
|
||||
(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.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 31, § 683; renumbered § 12315, Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 683(a)683(b)50:971.50:972.July 9, 1952, ch. 608, §§ 240, 241, 66 Stat. 492. In subsection (a), the word “title” is substituted for the word “chapter”. The provisions of this title relating to active duty of reservists are based on the Armed Forces Reserve Act of 1952. The words “shall be considered * * * as if it were” are substituted for the words “shall be counted * * * the same as like”. In subsections (a) and (b), the words “active duty for training” are omitted as covered by the words “active duty”. In subsection (b), the word “kept” is substituted for the words “retained or continued”. The words “pursuant to law” are omitted as surplusage.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1994—Pub. L. 103–337 renumbered section 683 of this title as this section.
|
||||
@@ -0,0 +1,63 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12316"
|
||||
description: "Payment of certain Reserves while on duty"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1209"
|
||||
chapter_name: "ACTIVE DUTY"
|
||||
section: "12316"
|
||||
citation: "10 U.S.C. § 12316"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12316"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "748ad7b6e753df2920c81468c10ed065791ab4f5edf91fc3e3babac5e034c375"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "0e4d1bfce54285df34c8d4fdb41c4063ab92ff9cd17a4e20337bdc66868077f6"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12316 - Payment of certain Reserves while on duty
|
||||
|
||||
## Text
|
||||
|
||||
(a) Except as provided by subsection (c), a Reserve of the Army, Navy, Air Force, Marine Corps, or Coast Guard who because of the Reserve’s earlier military service is entitled to retired or retainer pay, and who performs duty for which the Reserve is entitled to compensation, may elect to receive for that duty either—
|
||||
|
||||
(1) the pay and allowances authorized by law for the duty that the Reserve is performing; or
|
||||
|
||||
(2) if the Reserve specifically waives those payments, the retired or retainer pay to which the Reserve is entitled because of the Reserve’s earlier military service.
|
||||
|
||||
(b) Except as provided by subsection (c), a Reserve of the Army, Navy, Air Force, Marine Corps, or Coast Guard who because of the Reserve’s earlier military service is entitled to a pension or disability compensation, and who performs duty for which the Reserve is entitled to compensation, may elect to receive for that duty either—
|
||||
|
||||
(1) the pension or disability compensation to which the Reserve is entitled because of the Reserve’s earlier military service; or
|
||||
|
||||
(2) if the Reserve specifically waives those payments, the pay and allowances authorized by law for the duty that the Reserve is performing.
|
||||
|
||||
(c) Unless the payments because of a Reserve’s earlier military service are greater than the compensation prescribed by subsection (a)(1) or (b)(2), as applicable,, a Reserve of the Army, Navy, Air Force, Marine Corps, or Coast Guard who because of the Reserve’s 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 the Reserve’s earlier military service until the period of active duty ends. While on that active duty, the Reserve is entitled to the compensation prescribed by subsection (a)(1) or (b)(2), as applicable,. Other rights and benefits of the Reserve or the Reserve’s dependents are unaffected by this subsection.
|
||||
|
||||
(d) The Secretary of Defense shall prescribe regulations under which a Reserve of the Army, Navy, Air Force, Marine Corps, or Coast Guard may waive the pay and allowances authorized by law for the duty the Reserve is performing under subsection (a)(2) or (b)(2).
|
||||
|
||||
(Added Pub. L. 85–861, § 1(15), Sept. 2, 1958, 72 Stat. 1441, § 684; amended Pub. L. 93–586, § 1, Jan. 2, 1975, 88 Stat. 1920; renumbered § 12316, Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992; Pub. L. 116–283, div. A, title VI, § 621(a)–(d), Jan. 1, 2021, 134 Stat. 3675, 3676.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 684(a)10 App.:369b (less proviso and last 3 sentences).34 App.:853e–1 (less provisos and last 3 sentences).Aug. 2, 1946, ch. 756, § 10; restated Sept. 27, 1950, ch. 1053, § 1, 64 Stat. 1067; July 12, 1955, ch. 337, §§ 1, 4, 69 Stat. 300, 301. 684(b)10 App.:369b (proviso and last 3 sentences).34 App.:853e–1 (provisos and last 3 sentences).Sept. 27, 1950, ch. 1053, § 2, 64 Stat. 1067; July 12, 1955, ch. 337, §§ 2, 4, 69 Stat. 301. In subsections (a) and (b), the words “retirement pay” are omitted as covered by the words “retired pay”. In subsection (a), the words “Except as provided by subsection (b)” are inserted for clarity. The words “who performs duty for which he is entitled to compensation, may elect to receive for that duty” are substituted for the words “may elect, with reference to periods of active duty, active duty for training, drill, training, instruction, or other duty for which they may be entitled to receive compensation pursuant to any provisions of law”. The words “Notwithstanding the provisions of any other law”, in 10 App.:369b, and “or relinquish” are omitted as surplusage. Subsection (a)(1) is substituted for clause (2) of 10 App.:369b, and clause (2) of 34 App.:853e–1. In subsection (a)(2), the words “pay and allowances authorized by law for the duty that he is performing” are substituted for clause (1) of 10 App.:369b and 34 App.:853e–1. In subsection (b), the word “extended”, the next to the last sentence of 10 App.: 369b and of 34 App.: 853e–1, and the first proviso of 34 App.:853e–1, are omitted as surplusage.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2021—Subsec. (a). Pub. L. 116–283, § 621(a)(1), in introductory provisions, substituted “subsection (c)” for “subsection (b)”, “the Reserve’s earlier military service” for “his earlier military service”, “retired or retainer pay” for “a pension, retired or retainer pay, or disability compensation”, and “the Reserve is entitled” for “he is entitled”. Subsec. (a)(1), (2). Pub. L. 116–283, § 621(a)(2), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows: “(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.” Subsec. (b). Pub. L. 116–283, § 621(b)(2), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 116–283, § 621(b)(1), (c), redesignated subsec. (b) as (c) and substituted “(a)(1) or (b)(2), as applicable,” for “(a)(2)” in two places, “a Reserve’s earlier military service are greater” for “his earlier military service are greater”, “the Reserve’s earlier military service” for “his earlier military service” in two places, “the Reserve is entitled” for “he is entitled”, and “the Reserve or the Reserve’s dependents” for “the member or his dependents”. Subsec. (d). Pub. L. 116–283, § 621(d), added subsec. (d). 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.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentPub. L. 116–283, div. A, title VI, § 621(e), Jan. 1, 2021, 134 Stat. 3676, provided that: “The amendments made by this section [amending this section] shall take effect 180 days after the date of the enactment of this Act [Jan. 1, 2021].”
|
||||
|
||||
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.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12317"
|
||||
description: "Reserves: theological students; limitations"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1209"
|
||||
chapter_name: "ACTIVE DUTY"
|
||||
section: "12317"
|
||||
citation: "10 U.S.C. § 12317"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12317"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "f439d89817a521ce549be5d8a27ca6de552fe5f49807de981655e1650ade9e41"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "d0fa886c60a897a367868a1fe5014ef152c3d9ff9e7a7876176b59f2707525f3"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12317 - Reserves: theological students; limitations
|
||||
|
||||
## Text
|
||||
|
||||
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.
|
||||
|
||||
(Added Pub. L. 85–861, § 1(15), Sept. 2, 1958, 72 Stat. 1441, § 685; renumbered § 12317, Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 68650:961(h) (last sentence).Aug. 9, 1955, ch. 665, § 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.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1994—Pub. L. 103–337 renumbered section 685 of this title as this section.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12318"
|
||||
description: "Reserves on active duty: duties; funding"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1209"
|
||||
chapter_name: "ACTIVE DUTY"
|
||||
section: "12318"
|
||||
citation: "10 U.S.C. § 12318"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12318"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "0b0fdbcb6a0ce049d806aaf9077cb0c91f610408311aa02aeccc0a9a880cc0f6"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "375e278224339802fbf60e2938136c3555a7450cd91534420d14050e13ab2646"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12318 - Reserves on active duty: duties; funding
|
||||
|
||||
## Text
|
||||
|
||||
(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).
|
||||
|
||||
(Added Pub. L. 99–661, div. A, title IV, § 412(b)(1), Nov. 14, 1986, 100 Stat. 3861, § 686; renumbered § 12318 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(e)(2), 1675(c)(9), Oct. 5, 1994, 108 Stat. 2992, 3017.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1994—Pub. L. 103–337, § 1662(e)(2), renumbered section 686 of this title as this section. Pub. L. 103–337, § 1675(c)(9), substituted “12302 or 12304” for “673 or 673b” in subsecs. (a) and (b) and “12310” for “678” in subsec. (b).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12319"
|
||||
description: "Ready Reserve: muster duty"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1209"
|
||||
chapter_name: "ACTIVE DUTY"
|
||||
section: "12319"
|
||||
citation: "10 U.S.C. § 12319"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12319"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "b999a96c3ffe0077f2d5764fcf88a60df6897532f57f341e94648484de27f974"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "3c2b08ec534bc85ca6a8cd6e1dcd8e7278b8cb451286c068e9d4a349e93ce347"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12319 - Ready Reserve: muster duty
|
||||
|
||||
## Text
|
||||
|
||||
(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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1994—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”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12320"
|
||||
description: "Reserve officers: grade in which ordered to active duty"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1209"
|
||||
chapter_name: "ACTIVE DUTY"
|
||||
section: "12320"
|
||||
citation: "10 U.S.C. § 12320"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12320"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "e3e4b52011aabf745656c0f08928ef9f2a5ce437800e8cbee88ffaa4343a0c22"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "dd17bac8e2c5f4c7dc5ea95e79c09cafc739a8aeb263a3bc6d2a17ebec607a76"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12320 - Reserve officers: grade in which ordered to active duty
|
||||
|
||||
## Text
|
||||
|
||||
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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1996—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.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentAmendment 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 AmendmentAmendment 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 DateSection 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.
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12321"
|
||||
description: "Reserve Officer Training Corps units: limitation on number of Reserves assigned"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1209"
|
||||
chapter_name: "ACTIVE DUTY"
|
||||
section: "12321"
|
||||
citation: "10 U.S.C. § 12321"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12321"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "b7f43c5db1e0d6fd57efd0fe8808dfa75b8a9d8d18964bc81b5470bb2bf35bc5"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "291fa1fed1799b21148625f9bbba9a98d1a11f1b52abeb2717ad38dfc3406476"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12321 - Reserve Officer Training Corps units: limitation on number of Reserves assigned
|
||||
|
||||
## Text
|
||||
|
||||
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.
|
||||
|
||||
(Added Pub. L. 101–510, div. A, title V, § 559(a)(1), Nov. 5, 1990, 104 Stat. 1571, § 687; renumbered § 690 and amended Pub. L. 102–25, title VII, § 704(a)(3)(A), (B), Apr. 6, 1991, 105 Stat. 118; Pub. L. 102–190, div. A, title X, § 1061(a)(4)(A), Dec. 5, 1991, 105 Stat. 1472; Pub. L. 102–484, div. A, title V, § 512, Oct. 23, 1992, 106 Stat. 2405; Pub. L. 103–160, div. A, title V, § 512, Nov. 30, 1993, 107 Stat. 1649; renumbered § 12321 and amended Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), (3), Oct. 5, 1994, 108 Stat. 2992.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1994—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, § 704(a)(3)(B), renumbered section 687 of this title as this section. Pub. L. 102–25, § 704(a)(3)(A), made technical correction to directory language of Pub. L. 101–510, § 559(a)(1), which enacted this section.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment 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 AmendmentPub. L. 102–25, title VII, § 704(e), Apr. 6, 1991, 105 Stat. 120, 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 DatePub. L. 101–510, div. A, title V, § 559(b), Nov. 5, 1990, 104 Stat. 1571, as amended by Pub. L. 102–25, title VII, § 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 ProgramPub. L. 102–190, div. A, title V, § 525, Dec. 5, 1991, 105 Stat. 1363, as amended by Pub. L. 104–106, div. A, title XV, § 1501(d)(2), Feb. 10, 1996, 110 Stat. 500, permitted the Secretary of the military department concerned to waive the prohibition in this section in the case of a member of a reserve component of the Armed Forces who is serving with the Reserve Officer Training Corps program on Sept. 30, 1991, if the removal of the member from that assignment would cause a financial hardship for that member.
|
||||
@@ -0,0 +1,35 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12322"
|
||||
description: "Active duty for health care"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1209"
|
||||
chapter_name: "ACTIVE DUTY"
|
||||
section: "12322"
|
||||
citation: "10 U.S.C. § 12322"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12322"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "5c23ac5caf386d059c75c01586dba1dfaff4aea23b2e4ce1c5e289f3f959961f"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "d7228cacf37b6ed56238b477c573077dcffe38d57890ff9165e8a909756a5bec"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12322 - Active duty for health care
|
||||
|
||||
## Text
|
||||
|
||||
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.)
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12323"
|
||||
description: "Active duty pending line of duty determination required for response to sexual assault"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "1209"
|
||||
chapter_name: "ACTIVE DUTY"
|
||||
section: "12323"
|
||||
citation: "10 U.S.C. § 12323"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s12323"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "c2a3fbc6f46624ecbaaa9bc0c314ac038d1510fe498c986e766560cba841ba3f"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "9db1dfd4530636e878ea3a840bcbc788d9bc9a7a3c4820f4387089b909c17d14"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12323 - Active duty pending line of duty determination required for response to sexual assault
|
||||
|
||||
## Text
|
||||
|
||||
(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.)
|
||||
Reference in New Issue
Block a user