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10 U.S.C. § 12310 — Reserves: for organizing, administering, etc., reserve components

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12310 — Reserves: for organizing, administering, etc., reserve components

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Stable record: federal_law:legal_authorities:record_usc_29f6be9aed26cf6df005630b
Source file: Laws/federal/codes/united-states-code/title-10/section-12310-reserves-for-organizing-administering-etc-reserve-components--bb9ec84717.md
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Source location: Title 10, Chapter 1209, § 12310; chapter-1209-active-duty.md

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**(a) Authority.—** (1) The Secretary concerned may order a member of a reserve component under the Secretary’s jurisdiction to active duty pursuant to [section 12301(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12301/d&num=0&edition=prelim) to perform Active Guard and Reserve duty organizing, administering, recruiting, instructing, or training the reserve components. (2) A Reserve ordered to active duty under paragraph (1) shall be ordered in the Reserve’s reserve grade. While so serving, the Reserve continues to be eligible for promotion as a Reserve, if otherwise qualified. **(b) Duties.—** A Reserve on active duty under subsection (a) may perform the following additional duties to the extent that the performance of those duties does not interfere with the performance of the Reserve’s primary Active Guard and Reserve duties described in subsection (a)(1): (1) Supporting operations or missions assigned in whole or in part to the reserve components. (2) Supporting operations or missions performed or to be performed by— (A) a unit composed of elements from more than one component of the same armed force; or (B) a joint forces unit that includes— (i) one or more reserve component units; or (ii) a member of a reserve component whose reserve component assignment is in a position in an element of the joint forces unit. (3) Advising the Secretary of Defense, the Secretaries of the military departments, the Joint Chiefs of Staff, and the commanders of the combatant commands regarding reserve component matters. (4) Instructing or training in the United States or the Commonwealth of Puerto Rico or possessions of the United States of— (A) active-duty members of the armed forces; (B) members of foreign military forces (under the same authorities and restrictions applicable to active-duty members providing such instruction or training); (C) Department of Defense contractor personnel; or (D) Department of Defense civilian employees. **(c) Operations Relating to Defense Against Weapons of Mass Destruction and Terrorist Attacks.—** (1) Notwithstanding subsection (b), a Reserve on active duty as described in subsection (a), or a Reserve who is a member of the National Guard serving on full-time National Guard duty under [section 502(f) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f&num=0&edition=prelim) in connection with functions referred to in subsection (a), may, subject to paragraph (3), perform duties in support of emergency preparedness programs to prepare for or to respond to any emergency involving any of the following: (A) The use or threatened use of a weapon of mass destruction (as defined in section 1403 of the Defense Against Weapons of Mass Destruction Act of 1996 ([50 U.S.C. 2302(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2302/1&num=0&edition=prelim))) in the United States. (B) A terrorist attack or threatened terrorist attack in the United States that results, or could result, in catastrophic loss of life or property. (C) The intentional or unintentional release of nuclear, biological, radiological, or toxic or poisonous chemical materials in the United States that results, or could result, in catastrophic loss of life or property. (D) A natural or manmade disaster in the United States that results in, or could result in, catastrophic loss of life or property. (2) The costs of the pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for a Reserve performing duties under the authority of paragraph (1) shall be paid from the appropriation that is available to pay such costs for other members of the reserve component of that Reserve who are performing duties as described in subsection (a). (3) A Reserve may perform duty described in paragraph (1) only while assigned to a reserve component weapons of mass destruction civil support team. (4) Reserves on active duty who are performing duties described in paragraph (1) shall be counted against the annual end strength authorizations required by section 115(a)(1)(B) and 115(a)(2) of this title. The justification material for the defense budget request for a fiscal year shall identify the number and component of the Reserves programmed to be performing duties described in paragraph (1) during that fiscal year. (5) A reserve component weapons of mass destruction civil support team, and any Reserve assigned to such a team, may not be used to respond to an emergency described in paragraph (1) unless the Secretary of Defense has certified to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that that team, or that Reserve, possesses the requisite skills, training, and equipment to be proficient in all mission requirements. (6) If the Secretary of Defense submits to Congress any request for the enactment of legislation to modify the requirements of paragraphs (1) and (3), the Secretary shall provide with the request— (A) justification for each such requested modification; and (B) the Secretary’s plan for sustaining the qualifications of the personnel and teams described in paragraph (3). (7) In this subsection, the term “United States” includes the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. **(d) Training.—** A Reserve on active duty as described in subsection (a) may be provided training consistent with training provided to other members on active duty, as the Secretary concerned sees fit.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 678 — Renumbered § 12310]

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 10001 — Definition of State

In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12318 — Reserves on active duty: duties; funding

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12310&num=0&edition=prelim) 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).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12731 — Age and service requirements

**(a)** Except as provided in subsection (c), a person is entitled, upon application, to retired pay computed under [section 12739 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12739&num=0&edition=prelim), if the person— (1) has attained the eligibility age applicable under subsection (f) to that person; (2) has performed at least 20 years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim); (3) in the case of a person who completed the service requirements of paragraph (2) before April 25, 2005, performed the last six years of qualifying service while a member of any category named in [section 12732(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/1&num=0&edition=prelim), but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve, except that in the case of a person who completed the service requirements of paragraph (2) before October 5, 1994, the number of years of such qualifying service under this paragraph shall be eight; and (4) is not entitled, under any other provision of law, to retired pay from an armed force or retainer pay as a member of the Fleet Reserve or the Fleet Marine Corps Reserve. **(b)** Application for retired pay under this section must be made to the Secretary of the military department, or the Secretary of Homeland Security, as the case may be, having jurisdiction at the time of application over the armed force in which the applicant is serving or last served. **(c)** (1) A person who, before August 16, 1945, was a Reserve of an armed force, or a member of the Army without component or other

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12310 — Reserves: for organizing, administering,

Page 3672 TITLE 10—ARMED FORCES § 12308 HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 675 .......... 50:927(c). July 9, 1952, ch. 608, § 207(c), 66 Stat. 483. Editorial Notes AMENDMENTS 1996—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 Re- serve.’’ 1983—Pub. L. 98–94 inserted reference to section 688. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. § 12308. Retention after becoming qualified for retired pay Any person who has qualified for retired pay under chapter 1223 of this title may, with his cons

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 2302 — Repealed. Pub. L. 114–113, div. M, title VII, § 701(d), Dec. 18, 2015, 129 Stat. 2930

### Statutory Notes Section, Pub. L. 111–84, div. A, title X, § 1055, Oct. 28, 2009, 123 Stat. 2461; Pub. L. 111–383, div. A, title X, § 1075(d)(13), Jan. 7, 2011, 124 Stat. 4373; Pub. L. 112–81, div. A, title X, § 1071, Dec. 31, 2011, 125 Stat. 1592, related to report on nuclear aspirations of non-state entities, nuclear weapons and related programs in non-nuclear-weapons states and countries not parties to the Nuclear Non-Proliferation Treaty, and certain foreign persons.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 2302 — Definitions

Page 376 TITLE 50—WAR AND NATIONAL DEFENSE § 2302 to periods of service on the advisory panel under sec- tion 1405 of the Strom Thurmond National Defense Au- thorization Act for Fiscal Year 1999 [Pub. L. 105–261] on or after the date of the enactment of this Act [Dec. 28, 2001].’’] [For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.] [For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.] Executive Documents EXECUTIVE ORDER NO. 13328 Ex. Ord. No. 13328, Feb. 6, 2004, 69 F.R. 6901, which es- tablished the Commission on the Intelligence Capabili- ties of the United States Regarding Weapons of Mass Destruction, was revoked by Ex. Ord. No. 13385, § 3(a), Sept. 29, 2005, 70 F.R. 57990, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees. § 2302. Definitions In this chapter: (1) The term ‘‘weapon of mass destruction’’ means any weapon or device that is intended, or has the capability, to cause death or serious bodily injury to a significant numb

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