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10 U.S.C. § 12304 — Selected Reserve and certain Individual Ready Reserve members; order to active duty other than during war or national emergency
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** Notwithstanding the provisions of section 12302(a) or any other provision of law, when the President determines that it is necessary to augment the active forces or that it is necessary to provide assistance referred to in subsection (b), he may authorize 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 Navy, without the consent of the members concerned, to order any unit, and any member not assigned to a unit organized to serve as a unit of the Selected Reserve (as defined in [section 10143(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10143/a&num=0&edition=prelim)), or any member in the Individual Ready Reserve mobilization category and designated as essential under regulations prescribed by the Secretary concerned, under their respective jurisdictions, to active duty for not more than 365 consecutive days.
**(b) Support for Responses to Certain Emergencies.—** The authority under subsection (a) includes authority to order a unit or member to active duty to provide assistance in responding to an emergency involving—
(1) a use or threatened use of a weapon of mass destruction; or
(2) a terrorist attack or threatened terrorist attack in the United States that results, or could result, in significant loss of life or property.
**(c) Authority Relating to Significant Cyber Incidents.—** When the Secretary of Defense or the Secretary of the department in which the Coast Guard is operating determines that it is necessary to augment the active armed forces for the response of the Department of Defense or other department under which the Coast Guard is operating, respectively, to a covered incident, such Secretary m
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Stable record: federal_law:legal_authorities:record_usc_305d09da0520b4f3c60deed9
Source file: Laws/federal/codes/united-states-code/title-10/section-12304-selected-reserve-and-certain-individual-ready-reserve-members-order-to-a--f13ef846ca.md
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Passage SHA-256: 471d3dc9aa70a393baa2e3d7370497b9bc87576c2972e4027a08520870a803a7
Source location: Title 10, Chapter 1209, § 12304; chapter-1209-active-duty.md
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**(a) Authority.—** Notwithstanding the provisions of section 12302(a) or any other provision of law, when the President determines that it is necessary to augment the active forces or that it is necessary to provide assistance referred to in subsection (b), he may authorize 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 Navy, without the consent of the members concerned, to order any unit, and any member not assigned to a unit organized to serve as a unit of the Selected Reserve (as defined in [section 10143(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10143/a&num=0&edition=prelim)), or any member in the Individual Ready Reserve mobilization category and designated as essential under regulations prescribed by the Secretary concerned, under their respective jurisdictions, to active duty for not more than 365 consecutive days.
**(b) Support for Responses to Certain Emergencies.—** The authority under subsection (a) includes authority to order a unit or member to active duty to provide assistance in responding to an emergency involving—
(1) a use or threatened use of a weapon of mass destruction; or
(2) a terrorist attack or threatened terrorist attack in the United States that results, or could result, in significant loss of life or property.
**(c) Authority Relating to Significant Cyber Incidents.—** When the Secretary of Defense or the Secretary of the department in which the Coast Guard is operating determines that it is necessary to augment the active armed forces for the response of the Department of Defense or other department under which the Coast Guard is operating, respectively, to a covered incident, such Secretary 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 Selected Reserve (as defined in [section 10143(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10143/a&num=0&edition=prelim)), under the respective jurisdiction of such Secretary, to active duty for not more than 365 consecutive days.
**(d) Limitations.—**
(1) No unit or member of a reserve component may be ordered to active duty under this section to perform any of the functions authorized by chapter 13 or [section 12406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12406&num=0&edition=prelim) or, except as provided in subsection (b) or subsection (c), to provide assistance to either the Federal Government or a State in time of a serious natural or manmade disaster, accident, or catastrophe.
(2) Not more than 200,000 members of the Selected Reserve and the Individual Ready Reserve may be on active duty under this section at any one time, of whom not more than 30,000 may be members of the Individual Ready Reserve.
(3) No unit or member of a reserve component may be ordered to active duty under this section to provide assistance referred to in subsection (b) unless the President determines that the requirements for responding to an emergency referred to in that subsection have exceeded, or will exceed, the response capabilities of local, State, and Federal civilian agencies.
**(e) 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 members in grade under this title or any other law.
**(f) Policies and Procedures.—** The Secretary of Defense and the Secretary of Homeland Security shall prescribe such policies and procedures for the armed forces under their respective jurisdictions as they consider necessary to carry out this section.
**(g) Notification of Congress.—** Whenever the President authorizes the Secretary of Defense or the Secretary of Homeland Security to order any unit or member of the Selected Reserve or Individual Ready Reserve to active duty, under the authority of subsection (a) or subsection (c), he shall, within 24 hours after exercising such authority, submit to Congress a report, in writing, setting forth the circumstances necessitating the action taken under this section and describing the anticipated use of these units or members.
**(h) Termination of Duty.—**
(1) Whenever any unit of the Selected Reserve or any member of the Selected Reserve not assigned to a unit organized to serve as a unit, or any member of the Individual Ready Reserve, is ordered to active duty under authority of subsection (a), the service of all units or members so ordered to active duty may be terminated by—
(A) order of the President; or
(B) law.
(2) Whenever any unit of the Selected Reserve or any member of the Selected Reserve not assigned to a unit organized to serve as a unit is ordered to active duty under authority of subsection (c), the service of all units or members so ordered to active duty may be terminated by—
(A) order of the Secretary of Defense or, with respect to the Coast Guard, the Secretary of the Department in which the Coast Guard is operating; or
(B) law.
**(i) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1541&num=0&edition=prelim) et seq.).
**(j) Considerations for Involuntary Order to Active Duty.—**
(1) In determining which members of the Selected Reserve and Individual Ready Reserve will be ordered to duty without their consent under this section, appropriate consideration shall be given to—
(A) the length and nature of previous service, to assure such sharing of exposure to hazards as the national security and military requirements will reasonably allow;
(B) the frequency of assignments during service career;
(C) family responsibilities; and
(D) employment necessary to maintain the national health, safety, or interest.
(2) The Secretary of Defense shall prescribe such policies and procedures as the Secretary considers necessary to carry out this subsection.
**(k) Definitions.—** In this section:
(1) The term “covered incident” means—
(A) a cyber incident involving a Department of Defense information system, or a breach of a Department of Defense system that involves personally identifiable information, that the Secretary of Defense determines is likely to result in demonstrable harm to the national security interests, foreign relations, or the economy of the United States, or to the public confidence, civil liberties, or public health and safety of the people of the United States;
(B) a cyber incident involving a Department of Homeland Security information system, or a breach of a Department of Homeland Security system that involves personally identifiable information, that the Secretary of Homeland Security determines is likely to result in demonstrable harm to the national security interests, foreign relations, or the economy of the United States or to the public confidence, civil liberties, or public health and safety of the people of the United States;
(C) a cyber incident, or collection of related cyber incidents, that the President determines is likely to result in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to the public confidence, civil liberties, or public health and safety of the people of the United States; or
(D) a significant incident declared pursuant to section 2233 of the Homeland Security Act of 2002 ([6 U.S.C. 677b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section677b&num=0&edition=prelim)).
(2) The term “Individual Ready Reserve mobilization category” means, in the case of any reserve component, the category of the Individual Ready Reserve described in [section 10144(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10144/b&num=0&edition=prelim).
(3) The term “weapon of mass destruction” has the meaning given that term 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)).
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Federal law — U.S. Code and appendices · legal_authorities
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Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 673b
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Federal law — U.S. Code and appendices · legal_authorities
Whenever—
(1) the United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation;
(2) there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or
(3) the President is unable with the regular forces to execute the laws of the United States;
the President may call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary to repel the invasion, suppress the rebellion, or execute those laws. Orders for these purposes shall be issued through the governors of the States or, in the case of the District of Columbia, through the commanding general of the National Guard of the District of Columbia.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12406
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Congressional declaration** It is the purpose of this chapter to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities or in such situations.
**(b) Congressional legislative power under necessary and proper clause** Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof.
**(c) Presidential executive power as Commander-in-Chief; limitation** The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1541
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Director of the Cybersecurity and Infrastructure Security Agency (in this section referred to as the “Director”) of the Department of Homeland Security is authorized to hold an annual cybersecurity competition to be known as the “Department of Homeland Security Cybersecurity and Infrastructure Security Agency’s President’s Cup Cybersecurity Competition” (in this section referred to as the “competition”) for the purpose of identifying, challenging, and competitively awarding prizes, including cash prizes, to the United States Government’s best cybersecurity practitioners and teams across offensive and defensive cybersecurity disciplines.
**(b) Eligibility** To be eligible to participate in the competition, an individual shall be a Federal civilian employee or member of the uniformed services (as such term is defined in [section 2101(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2101/3&num=0&edition=prelim)) and shall comply with any rules promulgated by the Director regarding the competition.
**(c) Competition administration** The Director may enter into a grant, contract, cooperative agreement, or other agreement with a private sector for-profit or nonprofit entity or State or local government agency to administer the competition.
**(d) Competition parameters** Each competition shall incorporate the following elements:
(1) Cybersecurity skills outlined in the National Initiative for Cybersecurity Education Framework, or any successor framework.
(2) Individual and team events.
(3) Categories demonstrating offensive and defensive cyber operations, such as software reverse engineering and exploitation, network operations, forensics, big data analysis, cyber analysis, cyber defense, cyber exploitation,
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 677b
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Within the Ready Reserve of each of the reserve components there is an Individual Ready Reserve. The Individual Ready Reserve consists of those members of the Ready Reserve who are not in the Selected Reserve or the inactive National Guard.
**(b)**
(1) Within the Individual Ready Reserve of each reserve component there is a category of members, as designated by the Secretary concerned, who are subject to being ordered to active duty involuntarily in accordance with [section 12304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12304&num=0&edition=prelim). A member may not be placed in that mobilization category unless—
(A) the member volunteers for that category; and
(B) the member is selected for that category by the Secretary concerned, based upon the needs of the service and the grade and military skills of that member.
(2) A member of the Individual Ready Reserve may not be carried in such mobilization category of members after the end of the 24-month period beginning on the date of the separation of the member from active service.
(3) The Secretary shall designate the grades and military skills or specialities of members to be eligible for placement in such mobilization category.
(4) A member in such mobilization category shall be eligible for benefits (other than pay and training) as are normally available to members of the Selected Reserve, as determined by the Secretary of Defense.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10144
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(2) A person may not be appointed as Secretary of Defense—
(A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or
(B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.
**(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense.
**(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with—
(1) a report from each military department on the expenditures, work, and accomplishments of that department;
(2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and
(3) such recommendations as he considers appropriate.
**(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 113
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Active-Duty, Selected Reserve, and Space Force End Strengths To Be Authorized by Law.—** Congress shall authorize personnel strength levels for each fiscal year for each of the following:
(1) The end strength for the Army, Navy, Air Force, and Marine Corps for (A) active-duty personnel who are to be paid from funds appropriated for active-duty personnel unless on active duty pursuant to subsection (b), and (B) active-duty personnel and full-time National Guard duty personnel who are to be paid from funds appropriated for reserve personnel unless on active duty or full-time National Guard duty pursuant to subsection (b).
(2) The end strength for the Selected Reserve of each reserve component of the armed forces.
(3) The end strength for the Space Force for members in space force active status.
**(b) Certain Reserves on Active Duty To Be Authorized by Law.—**
(1) Congress shall annually authorize the maximum number of members of a reserve component permitted to be on active duty or full-time National Guard duty at any given time who are called or ordered to—
(A) active duty under [section 12301(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12301/d&num=0&edition=prelim) for the purpose of providing operational support, as prescribed in regulation issued by the Secretary of Defense;
(B) full-time National Guard duty under [section 502(f)(1)(B) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f/1/B&num=0&edition=prelim) for the purpose of providing operational support when authorized by the Secretary of Defense;
(C) active duty under [section 12301(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12301/d&num=0&edition=pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 115
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Members in a Space Force Active Status.—**
(1) A member of the Space Force in a space force active status who is not on sustained duty, may, without the consent of the member, be ordered to active duty or inactive duty in the same manner as a member of a reserve component ordered to active duty or inactive duty under the provisions of chapter 1209 of this title and any other provision of law authorizing the order to active duty of a member of a reserve component in an active status without the consent of the member.
(2) The provisions of chapter 1209 of this title, or other applicable provisions of law, pertaining to a member of the Ready Reserve when ordered to active duty shall apply to a member of the Space Force who is in a space force active status when ordered to active duty under paragraph (1).
(3) The provisions of [section 12304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12304&num=0&edition=prelim) pertaining to members in the Individual Ready Reserve mobilization category shall apply to a member of the Space Force who is designated an Individual Ready Guardian when ordered to active duty who meets the provisions of [section 20102(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20102/b&num=0&edition=prelim).
**(b) Members in a Space Force Inactive Status.—**
(1) A member of the Space Force in a space force inactive status may be ordered to active duty under—
(A) the provisions of chapter 1209 of this title;
(B) any other provision of law authorizing the order to active duty of a member of a reserve component in an inactive status; and
(C) the terms of any agreement entered into by the member under [section 20103 of this title](https://uscode.house.g
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 20106
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