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10 U.S.C. § 12304b — Selected Reserve: order to active duty for preplanned missions in support of the combatant commands

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

10 U.S.C. § 12304b — Selected Reserve: order to active duty for preplanned missions in support of the combatant commands

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Source file: Laws/federal/codes/united-states-code/title-10/section-12304b-selected-reserve-order-to-active-duty-for-preplanned-missions-in-support--352a11a8a0.md
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Source location: Title 10, Chapter 1209, § 12304b; chapter-1209-active-duty.md

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**(a) Authority.—** When the Secretary of a military department determines that it is necessary to augment the active forces for a preplanned mission in support of a combatant command, the Secretary may, subject to subsection (b), order any 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)), without the consent of the members, to active duty for not more than 365 consecutive days. **(b) Limitations.—** (1) (A) Except as provided under subparagraph (B), units may be ordered to active duty under this section only if— (i) the manpower and associated costs of such active duty are specifically included and identified in the defense budget materials for the fiscal year or years in which such units are anticipated to be ordered to active duty; and (ii) the budget information on such costs includes a description of the mission for which such units are anticipated to be ordered to active duty and the anticipated length of time of the order of such units to active duty on an involuntary basis. (B) In the event the President’s budget is delivered later than April 1st in the year prior to the year of the mobilization of one or more units under this section, the Secretary concerned may submit to Congress the information required under subparagraph (A) in a separate notice. (2) Not more than 60,000 members of the reserve components of the armed forces may be on active duty under this section at any one time. **(c) 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 total number of members in grade under this title or any other law. **(d) Notice to Congress.—** Whenever the Secretary of a military department orders any unit of the Selected Reserve to active duty under subsection (a), such Secretary shall submit to Congress a report, in writing, setting forth the circumstances necessitating the action taken under this section and describing the anticipated use of such unit. **(e) Termination of Duty.—** Whenever any unit of the Selected Reserve is ordered to active duty under subsection (a), the service of all units so ordered to active duty may be terminated— (1) by order of the Secretary of the military department concerned; or (2) by law. **(f) 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.). **(g) Considerations for Involuntary Order to Active Duty.—** In determining which units of the Selected Reserve will be ordered to duty without their consent under this section, appropriate consideration shall be given to— (1) the length and nature of previous service, to assure such sharing of exposure to hazards as national security and military requirements will reasonably allow; (2) the frequency of assignments during service career; (3) family responsibilities; and (4) employment necessary to maintain the national health, safety, or interest. **(h) Policies and Procedures.—** The Secretaries of the military departments shall prescribe policies and procedures to carry out this section, including on determinations with respect to orders to active duty under subsection (g). Such policies and procedures shall not go into effect until approved by the Secretary of Defense. **(i) Defense Budget Materials Defined.—** In this section, the term “defense budget materials” has the meaning given that term in section 231(f)(2) 11 See References in Text note below. of this title.

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

50 U.S.C. § 1541 — Purpose and policy

**(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

10 U.S.C. § 1074 — Medical and dental care for members and certain former members

**(a)** (1) Under joint regulations to be prescribed by the administering Secretaries, a member of a uniformed service described in paragraph (2) is entitled to medical and dental care in any facility of any uniformed service. (2) Members of the uniformed services referred to in paragraph (1) are as follows: (A) A member of a uniformed service on active duty. (B) A member of a reserve component of a uniformed service who has been commissioned as an officer if— (i) the member has requested orders to active duty for the member’s initial period of active duty following the commissioning of the member as an officer; (ii) the request for orders has been approved; (iii) the orders are to be issued but have not been issued or the orders have been issued but the member has not entered active duty; and (iv) the member does not have health care insurance and is not covered by any other health benefits plan. **(b)** (1) Under joint regulations to be prescribed by the administering Secretaries, a member or former member of a uniformed service who is entitled to retired or retainer pay, or equivalent pay may, upon request, be given medical and dental care in any facility of any uniformed service, subject to the availability of space and facilities and the capabilities of the medical and dental staff. The administering Secretaries may, with the agreement of the Secretary of Veterans Affairs, provide care to persons covered by this subsection in facilities operated by the Secretary of Veterans Affairs and determined by him to be available for this purpose on a reimbursable basis at rates approved by the President. (2) Paragraph (1) does not apply to a member or former member entitled to retired pay for non-regular service under chapter 1223 of this title

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1074

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

10 U.S.C. § 1145 — Health benefits

**(a) Transitional Health Care.—** (1) For the time period described in paragraph (4), a member of the armed forces who is separated from active service as described in paragraph (2) (and the dependents of the member) shall be entitled to receive— (A) except as provided in paragraph (3), medical and dental care under [section 1076 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1076&num=0&edition=prelim) in the same manner as a dependent described in subsection (a)(2) of such section; and (B) health benefits contracted under the authority of [section 1079(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1079/a&num=0&edition=prelim) and subject to the same rates and conditions as apply to persons covered under that section. (2) This subsection applies to the following members of the armed forces: (A) A member who is involuntarily separated from active duty. (B) A member of a reserve component who is separated from active duty to which called or ordered under [section 12304b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12304b&num=0&edition=prelim) or a provision of law referred to in [section 101(a)(13)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/a/13/B&num=0&edition=prelim) if the active duty is active duty for a period of more than 30 days. (C) A member who is separated from active duty for which the member is involuntarily retained under [section 12305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12305&num=0&edition=prelim) in support of a contingency operation. (D) A member who is separated from active duty served purs

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1145

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

37 U.S.C. § 436 — High-deployment allowance: lengthy or numerous deployments; frequent mobilizations

**(a) Monthly Allowance.—** The Secretary of the military department concerned may pay a high-deployment allowance to a member of the armed forces under the Secretary’s jurisdiction for each month during which the member— (1) is deployed; and (2) at any time during that month— (A) has been deployed for 191 or more consecutive days (or a lower number of consecutive days prescribed by the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness); (B) has been deployed, out of the preceding 730 days, for a total of 401 or more days (or a lower number of days prescribed by the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness); or (C) in the case of a member of a reserve component, is on active duty— (i) under a call or order to active duty for a period of more than 30 days that is the second (or later) such call or order to active duty (whether voluntary or involuntary) for that member in support of the same contingency operation; or (ii) for a period of more than 30 days under [section 12304b of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12304b&num=0&edition=prelim) or a provision of law referred to in [section 101(a)(13)(B) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/a/13/B&num=0&edition=prelim), if such period begins within one year after the date on which the member was released from previous service on active duty for a period of more than 30 days under a call or order issued under such a provision of law. **(b) Definition of Deployed.—** In this section, the term “deployed”, with respect to a member, means that the member is deployed or in a deployment within the meaning

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 436

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

5 U.S.C. § 5538 — Nonreduction in pay while serving in the uniformed services or National Guard

**(a)** An employee who is absent from a position of employment with the Federal Government in order to perform active duty in the uniformed services pursuant to a call or order to active duty under [section 12304b of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12304b&num=0&edition=prelim) or a provision of law referred to in [section 101(a)(13)(B) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/a/13/B&num=0&edition=prelim) shall be entitled, while serving on active duty, to receive, for each pay period described in subsection (b), an amount equal to the amount by which— (1) the amount of basic pay which would otherwise have been payable to such employee for such pay period if such employee’s civilian employment with the Government had not been interrupted by that service, exceeds (if at all) (2) the amount of pay and allowances which (as determined under subsection (d))— (A) is payable to such employee for that service; and (B) is allocable to such pay period. **(b)** Amounts under this section shall be payable with respect to each pay period (which would otherwise apply if the employee’s civilian employment had not been interrupted)— (1) during which such employee is entitled to re-employment rights under chapter 43 of title 38 with respect to the position from which such employee is absent (as referred to in subsection (a)); and (2) for which such employee does not otherwise receive basic pay (including by taking any annual, military, or other paid leave) to which such employee is entitled by virtue of such employee’s civilian employment with the Government. **(c)** Any amount payable under this section to an employee shall be paid— (1) by such employee’s employing age

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5538

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

10 U.S.C. § 12304b — Selected Reserve: order to active duty

Page 3669 TITLE 10—ARMED FORCES § 12304b essary to augment the active Armed Forces of the United States for the effective conduct of Operation United Assistance, which is providing support to civil- ian-led humanitarian assistance and consequence man- agement support related to the Ebola virus disease out- break in West Africa. In furtherance of this operation, under the stated authority, I hereby authorize the Sec- retary of Defense, and the Secretary of Homeland Secu- rity with respect to the Coast Guard when it is not op- erating as a service in the Navy, under their respective jurisdictions, to order to active duty any units, and any individual members not assigned to a unit orga- nized to serve as a unit of the Selected Reserve, or any member in the Individual Ready Reserve mobilization category and designated as essential under regulations prescribed by the Secretary concerned, and to termi- nate the service of those units and members ordered to active duty. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. EX. ORD. NO. 13919. ORDERING THE SELECTED RESERVE OF THE ARMED FORCES TO ACTIVE DUTY Ex. Ord. No. 13919, Apr. 30, 2020, 85 F.R. 26591, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 12304 of title 10, United States Code, and having determined that it is necessary to augment the regular Armed Forces of the United States for a named operational mission, specifically the ‘‘Enhanced Department of Defense Counternarcoti

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12304b

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

50 U.S.C. § 1541 — Purpose and policy

Page 130 TITLE 50—WAR AND NATIONAL DEFENSE § 1528 ‘‘(a) IN GENERAL.—The Secretary of Defense shall no- tify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] within 7 days after ceasing operations at any Department of Defense lab- oratory or facility rated at biosafety level–3 or higher for safety or security reasons. ‘‘(b) CONTENT.—The notification required under sub- section (a) shall include— ‘‘(1) the reason why operations have ceased at the laboratory or facility; ‘‘(2) whether appropriate notification to other Fed- eral agencies has occurred; ‘‘(3) a description of the actions taken to determine the root cause of the cessation; and ‘‘(4) a description of the actions taken to restore operations at the laboratory or facility.’’ ‘‘CONGRESSIONAL DEFENSE COMMITTEES’’ DEFINED Congressional defense committees means the Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of Pub. L. 114–328, 130 Stat. 2025. See note under section 101 of Title 10, Armed Forces. § 1528. Congressional notification of biological select agent and toxin theft, loss, or release involving the Department of Defense (a) Notification (1) Subject to paragraph (2), not later than 45 days after a covered report of any theft, loss, or release of a biological select agent or toxin in- volving the Department of Defense is filed with the Centers for Disease Control and Prevention or the Animal and Plant Health Inspection Serv- ice, the Secretary of Defense, acting through the Assistant Secretary of Defense for Nuclear De- terrence, Chemical, and Biological Defense Pol- icy and Programs, shall provide to the congres- sional defense committees

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1541

Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 1541. This identifies an authority to review, not proof of applicability.