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LegalText 10 U.S.C. § 690 Retired members ordered to active duty: limitation on number us united_states_code code_section 10 ARMED FORCES 39 ACTIVE DUTY 690 10 U.S.C. § 690 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s690 data/legal/raw/us/code/title-10/usc10.xml ea673d61dbbf073dea722e06ab3339a3420625d7c659dccf89c010a8cdde71d5 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 a97a5d2e7248c625619d1b10efd74d988d629649fc2da513ece53abdcf21b18c 2026-07-04 official
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10 U.S.C. § 690 - Retired members ordered to active duty: limitation on number

Text

(a) General and Flag Officers.— Not more than 15 retired general officers of the Army, Air Force, Marine Corps, or Space Force, and not more than 15 retired flag officers of the Navy, may be on active duty at any one time. For the purposes of this subsection a retired officer ordered to active duty for a period of 60 days or less is not counted.

(b) Limitation by Service.— (1) Not more than 25 officers of any one armed force may be serving on active duty concurrently pursuant to orders to active duty issued under section 688 of this title.

(2) In the administration of paragraph (1), the following officers shall not be counted:

(A) A chaplain who is assigned to duty as a chaplain for the period of active duty to which ordered.

(B) A health care professional (as characterized by the Secretary concerned) who is assigned to duty as a health care professional for the period of the active duty to which ordered.

(C) Any officer assigned to duty with the American Battle Monuments Commission for the period of active duty to which ordered.

(D) Any member of the Retiree Council of the Army, Navy, or Air Force for the period on active duty to attend the annual meeting of the Retiree Council.

(E) An officer who is assigned to duty as a defense attaché or service attaché for the period of active duty to which ordered.

(c) Waiver for Periods of War or National Emergency.— Subsection (a) does not apply in time of war or of national emergency declared by Congress or the President after November 30, 1980. Subsection (b) does not apply in time of war or of national emergency declared by Congress or the President.

(Added Pub. L. 104201, div. A, title V, § 521(a), Sept. 23, 1996, 110 Stat. 2516; amended Pub. L. 10665, div. A, title V, § 507, Oct. 5, 1999, 113 Stat. 591; Pub. L. 107107, div. A, title V, § 509(b), Dec. 28, 2001, 115 Stat. 1091; Pub. L. 11831, div. A, title XVII, § 1741(b)(1), Dec. 22, 2023, 137 Stat. 680.)

Notes

Editorial Notes

Prior ProvisionsA prior section 690 was renumbered section 12321 of this title. Provisions similar to those in subsecs. (a) and (c) of this section were contained in section 688(c) of this title prior to repeal by Pub. L. 104201, § 521(a).

Amendments2023—Subsec. (a). Pub. L. 11831 substituted “Marine Corps, or Space Force,” for “or Marine Corps,”. 2001—Subsec. (b)(2)(E). Pub. L. 107107 added subpar. (E). 1999—Subsec. (b)(2)(D). Pub. L. 10665 added subpar. (D).

Statutory Notes and Related Subsidiaries

Effective Date of 2001 AmendmentAmendment by Pub. L. 107107 applicable with respect to officers serving on active duty as a defense attaché or service attaché on or after Dec. 28, 2001, see section 509(c) of Pub. L. 107107, set out as a note under section 688 of this title.

Effective DateSection effective Sept. 30, 1997, see section 521(b) of Pub. L. 104201, set out as a note under section 688 of this title.