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10 U.S.C. § 20106 — Orders to active duty: without consent of member

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

10 U.S.C. § 20106 — Orders to active duty: without consent of member

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 20106

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Stable record: federal_law:legal_authorities:record_usc_df0676153af9f3bf83c6228a
Source file: Laws/federal/codes/united-states-code/title-10/section-20106-orders-to-active-duty-without-consent-of-member--c4ed4c2425.md
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Source location: Title 10, Chapter 2003, § 20106; chapter-2003-status-and-participation.md

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**(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.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20103&num=0&edition=prelim). (2) The provisions of chapter 1209 of this title, or other applicable provisions of law, pertaining to the Standby Reserve shall apply to a member of the Space Force who is in a space force inactive service when ordered to active duty. **(c) Members in a Space Force Retired Status.—** (1) Chapters 39 and 1209 of this title include provisions authorizing the order to active duty of a member of the Space Force in a space force retired status. (2) The provisions of sections 688, 688a, and 12407 of this title pertaining to a retired member or a member of the Retired Reserve shall apply to a member of the Space Force in a space force retired status when ordered to active duty. (3) The provisions of [section 689 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section689&num=0&edition=prelim) pertaining to a retired member ordered to active duty shall apply to a member of the Space Force in a space force retired status who is ordered to active duty. **(d) Other Applicable Provisions.—** The following provisions of chapter 1209 of this title shall apply to a member of the Space Force ordered to active duty in the same manner as to a Reserve or member of the Retired Reserve ordered to active duty: (1) Section 12305, relating to the authority of the President to suspend certain laws relating to promotion, retirement, and separation. (2) Section 12308, relating to retention after becoming qualified for retired pay. (3) Section 12313, relating to release from active duty. (4) Section 12314, relating to kinds of duty. (5) Section 12315, relating to duty with or without pay. (6) Section 12316, relating to payment of certain Reserves while on duty. (7) Section 12317, relating to theological students; limitations. (8) Section 12320, relating to grade in which ordered to active duty.

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

10 U.S.C. § 20103 — Members not on sustained duty: agreements concerning conditions of service

**(a) Agreements.—** The Secretary of the Air Force may enter into a written agreement with a member of the Space Force not on sustained duty— (1) requiring the member to serve on active duty for a definite period of time; (2) specifying the conditions of the member’s service on active duty; and (3) for a member serving in a space force inactive status, specifying the conditions for the member’s continued service as well as order to active duty with and without the consent of the member. **(b) Conditions of Service.—** An agreement under subsection (a) shall specify the conditions of service. The Secretary of the Air Force shall prescribe regulations establishing— (1) what conditions of service may be specified in the agreement; (2) the obligations of the parties; and (3) the consequences of failure to comply with the terms of the agreement. **(c) Authority for Retention on Active Duty During War or National Emergency.—** If the period of service on active duty of a member under an agreement under subsection (a) expires during a war or during a national emergency declared by Congress or the President, the member concerned may be kept on active duty, without the consent of the member, as otherwise prescribed by law.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 20103

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12304

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

10 U.S.C. § 689 — Retired members: grade in which ordered to active duty and upon release from active duty

**(a) General Rule for Grade in Which Ordered to Active Duty.—** Except as provided in subsections (b) and (c), a retired member ordered to active duty under section 688 or 688a of this title shall be ordered to active duty in the member’s retired grade. **(b) Members Retired in O–9 and O–10 Grades.—** A retired member ordered to active duty under section 688 or 688a of this title whose retired grade is above the grade of major general or rear admiral shall be ordered to active duty in the highest permanent grade held by such member while serving on active duty. **(c) Members Who Previously Served in Grade Higher Than Retired Grade.—** (1) A retired member ordered to active duty under section 688 or 688a of this title who has previously served on active duty satisfactorily, as determined by the Secretary of the military department concerned, in a grade higher than that member’s retired grade may be ordered to active duty in the highest grade in which the member had so served satisfactorily, except that such a member may not be so ordered to active duty in a grade above major general or rear admiral. (2) A retired member ordered to active duty in a grade that is higher than the member’s retired grade pursuant to subsection (a) shall be treated for purposes of [section 690 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section690&num=0&edition=prelim) as if the member was promoted to that higher grade while on that tour of active duty. (3) If, upon being released from that tour of active duty, such a retired member has served on active duty satisfactorily, as determined by the Secretary concerned, for not less than a total of 36 months in a grade that is a higher grade than the member’s retired grade, the member is entitled to pla

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 689

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

10 U.S.C. § 20107 — Transfer to inactive status: initial service obligation not complete

**(a) General Rule.—** A member of the Space Force who has not completed the required minimum service obligation referred to in [section 20003 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20003&num=0&edition=prelim) shall, if terminating space force active status, be transferred to a space force inactive status and, unless otherwise designated an Individual Ready Guardian under [section 20102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20102&num=0&edition=prelim), shall remain subject to order to active duty without the member’s consent under [section 20106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20106&num=0&edition=prelim). **(b) Exception.—** Subsection (a) does not apply to a member who is separated from the Space Force by the Secretary of the Air Force under [section 20503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20503&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 20107

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

10 U.S.C. § 20106 — Orders to active duty: without consent of

Page 3806 TITLE 10—ARMED FORCES § 20103 Air Force shall designate the grades and mili- tary skills or specialties of members to be eli- gible for placement in such mobilization cat- egory. (5) BENEFITS.—A member in such mobiliza- tion category shall be eligible for benefits (other than pay and training) on the same basis as are available to members of the Indi- vidual Ready Reserve who are in the special mobilization category under section 10144(b) of this title, as determined by the Secretary of Defense. (Added Pub. L. 118–31, div. A, title XVII, § 1715, Dec. 22, 2023, 137 Stat. 627.) § 20103. Members not on sustained duty: agree- ments concerning conditions of service (a) AGREEMENTS.—The Secretary of the Air Force may enter into a written agreement with a member of the Space Force not on sustained duty— (1) requiring the member to serve on active duty for a definite period of time; (2) specifying the conditions of the member’s service on active duty; and (3) for a member serving in a space force in- active status, specifying the conditions for the member’s continued service as well as order to active duty with and without the consent of the member. (b) CONDITIONS OF SERVICE.—An agreement under subsection (a) shall specify the conditions of service. The Secretary of the Air Force shall prescribe regulations establishing— (1) what conditions of service may be speci- fied in the agreement; (2) the obligations of the parties; and (3) the consequences of failure to comply with the terms of the agreement. (c) AUTHORITY FOR RETENTION ON ACTIVE DUTY DURING WAR OR NATIONAL EMERGENCY.—If the period of service on active duty of a member under an agreement under subsection (a) expires during a war or during a national emergency de- clared by Congress

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 20106

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