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10 U.S.C. § 673b — Renumbered § 12304]

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

10 U.S.C. § 673b — Renumbered § 12304]

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

10 U.S.C. § 12304 — Selected Reserve and certain Individual Ready Reserve members; order to active duty other than during war or national emergency

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

10 U.S.C. § 673b — Untitled legal text

Page 656 TITLE 10—ARMED FORCES [§ 673a [§ 673a. Renumbered § 12303] [§ 673b. Renumbered § 12304] [§ 673c. Renumbered § 12305] § 674. Temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related of- fense (a) GUIDANCE FOR TIMELY CONSIDERATION AND ACTION.—The Secretary concerned may provide guidance, within guidelines provided by the Sec- retary of Defense, for commanders regarding their authority to make a timely determination, and to take action, regarding whether a member of the armed forces serving on active duty who is alleged to have committed an offense under section 920, 920b, 920c, or 930 of this title (article 120, 120b, 120c, or 130 of the Uniform Code of Mili- tary Justice) or an attempt to commit such an offense as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice) should be temporarily reassigned or re- moved from a position of authority or from an assignment, not as a punitive measure, but sole- ly for the purpose of maintaining good order and discipline within the member’s unit. (b) TIME FOR DETERMINATION.—A determina- tion described in subsection (a) may be made at any time after receipt of notification of an unre- stricted report of a sexual assault or other sex- related offense that identifies the member as an alleged perpetrator. (Added Pub. L. 113–66, div. A, title XVII, § 1713(a), Dec. 26, 2013, 127 Stat. 963; amended Pub. L. 113–291, div. A, title X, § 1071(f)(8), Dec. 19, 2014, 128 Stat. 3510; Pub. L. 115–91, div. A, title X, § 1081(c)(2)(B), Dec. 12, 2017, 131 Stat. 1599.) Editorial Notes PRIOR PROVISIONS A prior section 674 was renumbered section 12306 of this title. AMENDMENTS 2017—Subsec. (a). Pub. L. 11

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