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10 U.S.C. § 688 — Retired members: authority to order to active duty; duties

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

10 U.S.C. § 688 — Retired members: authority to order to active duty; duties

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Stable record: federal_law:legal_authorities:record_usc_f58986df94fcf831af16d27b
Source file: Laws/federal/codes/united-states-code/title-10/section-688-retired-members-authority-to-order-to-active-duty-duties--09722529fd.md
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Source location: Title 10, Chapter 39, § 688; chapter-039-active-duty.md

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**(a) Authority.—** Under regulations prescribed by the Secretary of Defense, a member described in subsection (b) may be ordered to active duty by the Secretary of the military department concerned at any time. **(b) Covered Members.—** Except as provided in subsection (d), subsection (a) applies to the following members of the armed forces: (1) A retired member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps. (2) A member of the Retired Reserve who was retired under section 1293, 7311, 7314, 8323, 9311, or 9314 of this title. (3) A member of the Fleet Reserve or Fleet Marine Corps Reserve. (4) A retired member of the Space Force. **(c) Duties of Member Ordered to Active Duty.—** The Secretary concerned may, to the extent consistent with other provisions of law, assign a member ordered to active duty under this section to such duties as the Secretary considers necessary in the interests of national defense. **(d) Exclusion of Officers Retired on Selective Early Retirement Basis.—** The following officers may not be ordered to active duty under this section: (1) An officer who retired under [section 638 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section638&num=0&edition=prelim). (2) An officer who— (A) after having been notified that the officer was to be considered for early retirement under [section 638 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section638&num=0&edition=prelim) by a board convened under [section 611(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611/b&num=0&edition=prelim) and before being considered by that board, requested retirement under section 7311, 8323, or 9311 of this title; and (B) was retired pursuant to that request. **(e) Limitation of Period of Recall Service.—** (1) A member ordered to active duty under subsection (a) may not serve on active duty pursuant to orders under that subsection for more than 12 months within the 24 months following the first day of the active duty to which ordered under that subsection. (2) Paragraph (1) does not apply to the following officers: (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 active duty to which ordered. (C) An officer assigned to duty with the American Battle Monuments Commission for the period of active duty to which ordered. (D) An officer who is assigned to duty as a defense attaché or service attaché for the period of active duty to which ordered. **(f) Waiver for Periods of War or National Emergency.—** Subsections (d) and (e) do not apply in time of war or of national emergency declared by Congress or the President.

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

10 U.S.C. § 638 — Selective early retirement

**(a)** (1) A regular officer on the active-duty list of the Army, Navy, Air Force, Marine Corps, or Space Force may be considered for selective early retirement by a selection board convened under [section 611(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611/b&num=0&edition=prelim) if the officer is described in any of subparagraphs (A) through (D) as follows: (A) An officer holding the regular grade of lieutenant colonel or commander who has failed of selection for promotion to the grade of colonel or, in the case of an officer of the Navy, captain two or more times and whose name is not on a list of officers recommended for promotion. (B) An officer holding the regular grade of colonel or, in the case of an officer of the Navy, captain who has served at least four years of active duty in that grade and whose name is not on a list of officers recommended for promotion. (C) An officer holding the regular grade of brigadier general or rear admiral (lower half) who has served at least three and one-half years of active duty in that grade and whose name is not on a list of officers recommended for promotion. (D) An officer holding the regular grade of major general or rear admiral who has served at least three and one-half years of active duty in that grade. (2) The Secretary of the military department concerned shall specify the number of officers described in paragraphs (1)(A) and (1)(B) which a selection board convened under [section 611(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611/b&num=0&edition=prelim) may recommend for early retirement. Such number may not be more than 30 percent of the number of officers considered in each grade in each competitive c

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 638

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

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001

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

10 U.S.C. § 690 — Retired members ordered to active duty: limitation on number

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section688&num=0&edition=prelim). (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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 690

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

10 U.S.C. § 6151 — Authority to conduct program relating to fissile materials

The Secretary of Energy may conduct programs designed to improve the protection, control, and accountability of fissile materials in Russia.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6151

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

10 U.S.C. § 5553 — Provision of information on flight testing of ground-based midcourse national missile defense system

**(a) Information to Be Furnished to Congressional Committees.—** The Director of the Missile Defense Agency shall provide to the congressional defense committees information on the results of each flight test of the ground-based midcourse national missile defense system. **(b) Content.—** Information provided under subsection (a) on the results of a flight test shall include the following matters: (1) A thorough discussion of the content and objectives of the test. (2) For each such test objective, a statement regarding whether or not the objective was achieved. (3) For any such test objective not achieved— (A) a thorough discussion describing the reasons that the objective was not achieved; and (B) a discussion of any plans for future tests to achieve that objective.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 5553

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

10 U.S.C. § 6362 — University-based defense nuclear policy collaboration program

**(a) Program.—** The Administrator shall carry out a program under which the Administrator establishes a policy research consortium of institutions of higher education and nonprofit entities in support of implementing and innovating the defense nuclear policy programs of the Administration. The Administrator shall establish and carry out such program in a manner similar to the program established under section 6338. **(b) Purposes.—** The purposes of the consortium under subsection (a) are as follows: (1) To shape the formulation and application of policy through the conduct of research and analysis regarding defense nuclear policy programs. (2) To maintain open-source databases on issues relevant to understanding defense nuclear nonproliferation, arms control, nuclear deterrence, foreign nuclear programs, and nuclear security. (3) To facilitate the collaboration of research centers of excellence relating to defense nuclear policy to better distribute expertise to specific issues and scenarios regarding such threats. **(c) Duties.—** (1) The Administrator shall ensure that the consortium established under subsection (a) provides support to individuals described in paragraph (2) through the use of nongovernmental fellowships, scholarships, research internships, workshops, short courses, summer schools, and research grants. (2) The individuals described in this paragraph are graduate students, academics, and policy specialists, who are focused on policy innovation related to— (A) defense nuclear nonproliferation; (B) arms control; (C) nuclear deterrence; (D) the study of foreign nuclear programs; (E) nuclear security; or (F) educating and training the next generation of defense nuclear policy experts.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6362

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

10 U.S.C. § 688a — Authority to order to active duty in high-demand, low-density assignments

**(a) Authority.—** The Secretary of a military department may order to active duty a retired member who agrees to serve on active duty in an assignment intended to alleviate a high-demand, low-density military capability or in any other specialty designated by the Secretary as critical to meet wartime or peacetime requirements. Any such order may be made only with the consent of the member ordered to active duty and in accordance with an agreement between the Secretary and the member. **(b) Duration.—** The period of active duty of a member under an order to active duty under subsection (a) shall be specified in the agreement entered into under that subsection. **(c) Limitation.—** No more than a total of 1,000 members may be on active duty at any time under subsection (a). **(d) Relationship to Other Authority.—** The authority to order a retired member to active duty under this section is in addition to the authority under [section 688 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section688&num=0&edition=prelim) or any other provision of law authorizing the Secretary concerned to order a retired member to active duty. **(e) Inapplicability of Certain Provisions.—** Retired members ordered to active duty under subsection (a) shall not be counted for purposes of section 688 or 690 of this title. **(f) Exceptions During Periods of War or National Emergency.—** The limitation in subsection (c) shall not apply during a time of war or of national emergency declared by Congress or the President. **(g) High-Demand, Low-Density Military Capability Defined.—** In this section, the term “high-demand, low-density military capability” means a combat, combat support or service support capability, unit, system, or occupational specialty

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 688a

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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. § 8262 — Higher retired grade and pay for members who serve satisfactorily under temporary appointments

**(a)** Unless otherwise entitled to a higher retired grade and subject to section 689, and section 1370 or 1370a (as applicable), of this title, each member, other than a retired member, of the Navy or the Marine Corps shall, when retired, be advanced on the retired list to the highest officer grade in which he served satisfactorily under a temporary appointment as determined by the Secretary of the Navy. **(b)** Each member (other than a former member of the Fleet Reserve or the Fleet Marine Corps Reserve) who is advanced on the retired list under this section is (unless otherwise entitled to higher retired pay) entitled to retired pay determined in accordance with the following table. References in the table are to sections of this title. Column 1TakeColumn 2Multiply by Retired pay base computed under section 1406(d) or 1407Retired pay multiplier prescribed under section 1409 for the years of service that may be credited to him under section 1405. **(c)** Each former member of the Fleet Reserve or the Fleet Marine Corps Reserve who is advanced on the retired list under this section is entitled to retired pay determined in accordance with the following table. References in the table are to sections of this title. Column 1TakeColumn 2Multiply by Retired pay base computed under section 1406(d) or 1407Retired pay multiplier prescribed under section 1409 for the number of years of service creditable for his retainer pay at the time of retirement. **(d)** A member who is advanced on the retired list under this section from the grade of warrant officer, W–1, or from an enlisted grade to a commissioned grade, and who applies to the Secretary within three months after his advancement, shall, if the Secretary approves, be restored on the retired list to his former warrant o

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8262

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

10 U.S.C. § 8481 — Support of athletic and physical fitness programs

**(a) Authority.—** (1) **Contracts and cooperative agreements.—** — The Secretary of the Navy may enter into contracts and cooperative agreements with the Naval Academy Athletic Association for the purpose of supporting the athletic and physical fitness programs of the Naval Academy. Notwithstanding [section 3201(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3201/e&num=0&edition=prelim), the Secretary may enter such contracts or cooperative agreements on a sole source basis pursuant to [section 3204(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204/a/5&num=0&edition=prelim). Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property or services for the direct benefit or use of the Naval Academy. (2) **Leases.—** — The Secretary may enter into leases, in accordance with [section 2667 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2667&num=0&edition=prelim), or licenses with the Association for the purpose of supporting the athletic and physical fitness programs of the Naval Academy. Any such lease or license shall be deemed to satisfy the conditions of [section 2667(h)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2667/h/2&num=0&edition=prelim). **(b) Use of Navy Personal Property by the Association.—** The Secretary may allow the Association to use, at no cost, personal property of the Department of the Navy to assist the Association in supporting the athletic and physical fitness programs of the Naval Academy. **(c) Acceptance of Support.—** (1) **Support received from the association.—** — Notwithstanding [section 1342

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8481

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