10 U.S.C. § 12310 — Reserves: for organizing, administering,

Page 3672 TITLE 10—ARMED FORCES § 12308 HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 675 .......... 50:927(c). July 9, 1952, ch. 608, § 207(c), 66 Stat. 483. Editorial Notes AMENDMENTS 1996—Pub. L. 104–106 substituted ‘‘Retired Reserve (other’’ for ‘‘Ready Reserve (other’’. 1994—Pub. L. 103–337, § 1675(c)(5), substituted ‘‘688 or 12301(a)’’ for ‘‘672(a) or 688’’, ‘‘12641(b)’’ for ‘‘1001(b)’’, and ‘‘1223’’ for ‘‘67’’. Pub. L. 103–337, § 1662(e)(2), renumbered section 675 of this title as this section. 1989—Pub. L. 101–189 inserted at end ‘‘A member of the Ready Reserve (other than a member transferred to the Retired Reserve under section 1001(b) of this title) who is ordered to active duty or other appropriate duty in a retired status may be credited under chapter 67 of this title with service performed pursuant to such order. A member in a retired status is not eligible for promotion (or for consideration for promotion) as a Re- serve.’’ 1983—Pub. L. 98–94 inserted reference to section 688. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. § 12308. Retention after becoming qualified for retired pay Any person who has qualified for retired pay under chapter 1223 of this title may, with his consent and by order of the Secretary con- cerned, be retained on active duty, or in service in a reserve component other than that listed in section 12732(b) of this title. A member so re- tained shall be credited with that service for all purposes. (Aug. 10, 1956, ch. 1041, 70A Stat. 29, § 676; renum- bered § 12308 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(e)(2), 1675(c)(6), Oct. 5, 1994, 108 Stat. 2992, 3017.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 676 .......... 10:1036a(e). 34:440i(e). June 29, 1948, ch. 708, § 302(e), 62 Stat. 1088. The words ‘‘active duty, or in service, in a reserve component other than that listed in section 1332(b) of this title’’ are inserted to reflect the words ‘‘Federal service’’, as used in Title III of the source statute. The words ‘‘that service for all purposes’’ are substituted for 10:1036a(e) (last 11 words) and 34:440i(e) (last 11 words). The words ‘‘upon attaining the age of sixty years’’ are omitted as surplusage. Editorial Notes AMENDMENTS 1994—Pub. L. 103–337, § 1675(c)(6), substituted ‘‘1223’’ for ‘‘67’’ and ‘‘12732(b)’’ for ‘‘1332(b)’’. Pub. L. 103–337, § 1662(e)(2), renumbered section 676 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. § 12309. Reserve officers: use of in expansion of armed forces When an expansion of the active armed forces requires that officers of the reserve components who are not members of units organized to serve as such be ordered as individuals to active duty (other than for training) without their consent, the services of qualified and available reserve of- ficers in all grades shall be used, so far as prac- ticable, according to the needs of the branches, grades, or specialties concerned. (Aug. 10, 1956, ch. 1041, 70A Stat. 29, § 677; renum- bered § 12309, Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 677 .......... 50:961(f). July 9, 1952, ch. 608, § 233(f), 66 Stat. 490. The words ‘‘without their consent’’ are substituted for the word ‘‘involuntarily’’. The words ‘‘it shall be the policy’’ are omitted as surplusage. The words ‘‘to active duty (other than for training)’’ are substituted for the words ‘‘into the active military service’’. Editorial Notes AMENDMENTS 1994—Pub. L. 103–337 renumbered section 677 of this title as this section. § 12310. Reserves: for organizing, administering, etc., reserve components (a) AUTHORITY.—(1) The Secretary concerned may order a member of a reserve component under the Secretary’s jurisdiction to active duty pursuant to section 12301(d) of this title to per- form Active Guard and Reserve duty organizing, administering, recruiting, instructing, or train- ing the reserve components. (2) A Reserve ordered to active duty under paragraph (1) shall be ordered in the Reserve’s reserve grade. While so serving, the Reserve con- tinues to be eligible for promotion as a Reserve, if otherwise qualified. (b) DUTIES.—A Reserve on active duty under subsection (a) may perform the following addi- tional duties to the extent that the performance of those duties does not interfere with the per- formance of the Reserve’s primary Active Guard and Reserve duties described in subsection (a)(1): (1) Supporting operations or missions as- signed in whole or in part to the reserve com- ponents. Page 3673 TITLE 10—ARMED FORCES § 12310 (2) Supporting operations or missions per- formed or to be performed by— (A) a unit composed of elements from more than one component of the same armed force; or (B) a joint forces unit that includes— (i) one or more reserve component units; or (ii) a member of a reserve component whose reserve component assignment is in a position in an element of the joint forces unit. (3) Advising the Secretary of Defense, the Secretaries of the military departments, the Joint Chiefs of Staff, and the commanders of the combatant commands regarding reserve component matters. (4) Instructing or training in the United States or the Commonwealth of Puerto Rico or possessions of the United States of— (A) active-duty members of the armed forces; (B) members of foreign military forces (under the same authorities and restrictions applicable to active-duty members providing such instruction or training); (C) Department of Defense contractor per- sonnel; or (D) Department of Defense civilian em- ployees. (c) OPERATIONS RELATING TO DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION AND TERRORIST ATTACKS.—(1) Notwithstanding subsection (b), a Reserve on active duty as described in sub- section (a), or a Reserve who is a member of the National Guard serving on full-time National Guard duty under section 502(f) of title 32 in con- nection with functions referred to in subsection (a), may, subject to paragraph (3), perform du- ties in support of emergency preparedness pro- grams to prepare for or to respond to any emer- gency involving any of the following: (A) The use or threatened use of a weapon of mass destruction (as defined in section 1403 of the Defense Against Weapons of Mass Destruc- tion Act of 1996 (50 U.S.C. 2302(1))) in the United States. (B) A terrorist attack or threatened ter- rorist attack in the United States that results, or could result, in catastrophic loss of life or property. (C) The intentional or unintentional release of nuclear, biological, radiological, or toxic or poisonous chemical materials in the United States that results, or could result, in cata- strophic loss of life or property. (D) A natural or manmade disaster in the United States that results in, or could result in, catastrophic loss of life or property. (2) The costs of the pay, allowances, clothing, subsistence, gratuities, travel, and related ex- penses for a Reserve performing duties under the authority of paragraph (1) shall be paid from the appropriation that is available to pay such costs for other members of the reserve component of that Reserve who are performing duties as de- scribed in subsection (a). (3) A Reserve may perform duty described in paragraph (1) only while assigned to a reserve component weapons of mass destruction civil support team. (4) Reserves on active duty who are per- forming duties described in paragraph (1) shall be counted against the annual end strength au- thorizations required by section 115(a)(1)(B) and 115(a)(2) of this title. The justification material for the defense budget request for a fiscal year shall identify the number and component of the Reserves programmed to be performing duties described in paragraph (1) during that fiscal year. (5) A reserve component weapons of mass de- struction civil support team, and any Reserve assigned to such a team, may not be used to re- spond to an emergency described in paragraph (1) unless the Secretary of Defense has certified to the Committee on Armed Services of the Sen- ate and the Committee on Armed Services of the House of Representatives that that team, or that Reserve, possesses the requisite skills, training, and equipment to be proficient in all mission requirements. (6) If the Secretary of Defense submits to Con- gress any request for the enactment of legisla- tion to modify the requirements of paragraphs (1) and (3), the Secretary shall provide with the request— (A) justification for each such requested modification; and (B) the Secretary’s plan for sustaining the qualifications of the personnel and teams de- scribed in paragraph (3). (7) In this subsection, the term ‘‘United States’’ includes the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (d) TRAINING.—A Reserve on active duty as de- scribed in subsection (a) may be provided train- ing consistent with training provided to other members on active duty, as the Secretary con- cerned sees fit. (Aug. 10, 1956, ch. 1041, 70A Stat. 30, § 678; renum- bered § 12310 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(e)(2), 1675(c)(7), Oct. 5, 1994, 108 Stat. 2992, 3017; Pub. L. 104–201, div. A, title V, § 541, Sept. 23, 1996, 110 Stat. 2521; Pub. L. 105–261, div. A, title V, § 511(b)(1), Oct. 17, 1998, 112 Stat. 2006; Pub. L. 106–65, div. A, title V, §§ 555(a), (b), 556, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 617–619, 774; Pub. L. 107–314, div. A, title V, § 514(b), title IX, § 933, Dec. 2, 2002, 116 Stat. 2539, 2626; Pub. L. 109–364, div. A, title V, §§ 525(a), 527, Oct. 17, 2006, 120 Stat. 2193, 2196; Pub. L. 111–84, div. A, title X, § 1073(a)(34), Oct. 28, 2009, 123 Stat. 2474.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 678(a) ...... 678(b) ...... 50:962 (2d sentence). 50:962 (less 1st and 2d sentences). July 9, 1952, ch. 608, § 234, (less 1st sentence), 66 Stat. 490. In subsection (a), the words ‘‘to active duty under section 672(d) of this title in connection with orga- nizing, administering, recruiting, instructing, or train- ing the reserve components’’ are substituted for the words ‘‘into the active military service of the United States under the provisions of this section’’. The words ‘‘his reserve grade’’ are substituted for the words ‘‘held by them in the Reserve of their Armed Force’’. The words ‘‘as a Reserve’’, in the last sentence of the re- vised subsection, are substituted for the words ‘‘in the Reserve of their Armed Force’’. The word ‘‘Hereafter’’ is omitted as surplusage. Page 3674 TITLE 10—ARMED FORCES § 12310 Subsection (b) is substituted for 50:962 (less 1st and 2d sentences). Editorial Notes AMENDMENTS 2009—Subsec. (c)(1)(A). Pub. L. 111–84 substituted ‘‘section 1403 of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302(1))’’ for ‘‘section 12304(i)(2) of this title’’. 2006—Subsecs. (a), (b). Pub. L. 109–364, § 525(a), amend- ed subsecs. (a) and (b) generally, substituting provi- sions relating to authority of the Secretary concerned to order a member of a reserve component to active duty and setting forth duties including supporting op- erations or missions, providing advice regarding re- serve component matters, and providing instruction or training of active-duty members of the armed forces or foreign military forces and Department of Defense con- tractor personnel or civilian employees, for provisions relating to grade when a Reserve is ordered to active duty and setting forth duties including supporting op- erations or missions and providing advice regarding re- serve component matters. Subsec. (c). Pub. L. 109–364, § 527(b)(1), substituted ‘‘Operations Relating to Defense Against Weapons of Mass Destruction and Terrorist Attacks’’ for ‘‘Duties Relating to Defense Against Weapons of Mass Destruc- tion’’ in heading. Subsec. (c)(1). Pub. L. 109–364, § 527(a)(1)(A), sub- stituted ‘‘involving any of the following:’’ for ‘‘involv- ing—’’ in introductory provisions. Subsec. (c)(1)(A) to (D). Pub. L. 109–364, § 527(a)(1)(B), added subpars. (A) to (D) and struck out former sub- pars. (A) and (B) which read as follows: ‘‘(A) the use of a weapon of mass destruction (as de- fined in section 12304(i)(2) of this title); or ‘‘(B) a terrorist attack or threatened terrorist attack in the United States that results, or could result, in catastrophic loss of life or property.’’ Subsec. (c)(3). Pub. L. 109–364, § 527(a)(2), amended par. (3) generally. Prior to amendment, par. (3) read as fol- lows: ‘‘A Reserve may perform duties described in para- graph (1) only while assigned to a reserve component rapid assessment element team and performing those duties within the geographical limits of the United States, its territories and possessions, the District of Columbia, and the Commonwealth of Puerto Rico.’’ Subsec. (c)(5). Pub. L. 109–364, § 527(b)(2), substituted ‘‘weapons of mass destruction civil support team’’ for ‘‘rapid assessment element team’’. Subsec. (c)(6). Pub. L. 109–364, § 527(b)(3)(A), sub- stituted ‘‘paragraphs (1) and (3)’’ for ‘‘paragraph (3)’’ in introductory provisions. Subsec. (c)(6)(B). Pub. L. 109–364, § 527(b)(3)(B), sub- stituted ‘‘(3)’’ for ‘‘(3)(B)’’. Subsec. (c)(7). Pub. L. 109–364, § 527(a)(3), added par. (7). 2002—Subsec. (c)(1). Pub. L. 107–314, § 514(b), sub- stituted ‘‘involving— ‘‘(A) the use of a weapon of mass destruction (as de- fined in section 12304(i)(2) of this title); or ‘‘(B) a terrorist attack or threatened terrorist at- tack in the United States that results, or could re- sult, in catastrophic loss of life or property.’’ for ‘‘involving the use of a weapon of mass destruction (as defined in section 1403 of the Defense Against Weap- ons of Mass Destruction Act of 1996 (50 U.S.C. 2302(1))).’’ Subsec. (c)(3). Pub. L. 107–314, § 933, substituted ‘‘only while assigned’’ for ‘‘only— ‘‘(A) while assigned to the Department of Defense Consequence Management Program Integration Of- fice; or ‘‘(B) while assigned’’. 1999—Subsec. (a). Pub. L. 106–65, § 555(b)(1), inserted heading. Subsec. (b). Pub. L. 106–65, § 555(a)(2), added subsec. (b). Former subsec. (b) redesignated (d). Subsec. (c). Pub. L. 106–65, § 555(b)(2), inserted head- ing. Subsec. (c)(1). Pub. L. 106–65, § 555(b)(2), substituted ‘‘Notwithstanding subsection (b), a Reserve’’ for ‘‘A Re- serve’’. Subsec. (c)(4). Pub. L. 106–65, § 556(a), struck out first sentence which read as follows: ‘‘The number of Re- serves on active duty who are performing duties de- scribed in paragraph (1) at the same time may not ex- ceed 228.’’ Subsec. (c)(5). Pub. L. 106–65, § 1067(1), substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Committee on National Security’’. Subsec. (c)(6). Pub. L. 106–65, § 556(b), struck out ‘‘or to increase the number of personnel authorized by paragraph (4)’’ after ‘‘requirements of paragraph (3)’’ in introductory provisions and ‘‘or for the requested addi- tional personnel and explain the need for the increase in the context of existing or projected similar capabili- ties at the local, State, and Federal levels’’ after ‘‘modification’’ in subpar. (A). Subsec. (d). Pub. L. 106–65, § 555(a)(1), (b)(3), redesig- nated subsec. (b) as (d) and inserted heading. 1998—Subsec. (c). Pub. L. 105–261 added subsec. (c). 1996—Subsec. (b). Pub. L. 104–201 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘To assure that a Reserve on duty under sub- section (a) receives periodic refresher training in the categories for which he is qualified, the Secretary con- cerned may detail him to duty with any armed force, or otherwise as the Secretary sees fit.’’ 1994—Pub. L. 103–337, § 1662(e)(2), renumbered section 678 of this title as this section. Subsec. (a). Pub. L. 103–337, § 1675(c)(7), substituted ‘‘12301(d)’’ for ‘‘672(d)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. ADDITIONAL WEAPONS OF MASS DESTRUCTION CIVIL SUPPORT TEAMS Pub. L. 107–314, div. A, title XIV, § 1403, Dec. 2, 2002, 116 Stat. 2676, as amended by Pub. L. 112–239, div. A, title XIV, § 1435(a), Jan. 2, 2013, 126 Stat. 2051, provided that: ‘‘(a) ESTABLISHMENT OF ADDITIONAL TEAMS.—The Sec- retary of Defense shall— ‘‘(1) establish 23 additional teams designated as Weapons of Mass Destruction Civil Support Teams, for a total of 55 such teams; and ‘‘(2) ensure that of such 55 teams, there is at least one team established in each State and territory. ‘‘(b) ESTABLISHMENT OF FURTHER ADDITIONAL TEAMS.—The Secretary of Defense is authorized to have established two additional teams designated as Weap- ons of Mass Destruction Civil Support Teams, beyond the 55 teams required in subsection (a), if— ‘‘(1) the Secretary of Defense has made the certifi- cation provided for in section 12310(c)(5) of title 10, United States Code, with respect to each of such addi- tional teams before December 31, 2011; and ‘‘(2) the establishment of such additional teams does not require an increase in authorized personnel levels above the numbers authorized as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013 [Pub. L. 112–239, approved Jan. 2, 2013]. ‘‘(c) LIMITATION OF ESTABLISHMENT OF FURTHER TEAMS.—No Weapons of Mass Destruction Civil Support Team may be established beyond the number author- ized by subsections (a) and (b) unless— ‘‘(1) the Secretary submits to Congress a request for authority to establish such team, including a detailed justification for its establishment; and ‘‘(2) the establishment of such team is specifically authorized by a law enacted after the date of the en- Page 3675 TITLE 10—ARMED FORCES § 12312 actment of the National Defense Authorization Act for Fiscal Year 2013. ‘‘(d) NOTIFICATION OF DISESTABLISHMENT OF TEAMS.— No Weapons of Mass Destruction Civil Support Team established pursuant to this section may be disestab- lished unless, by not later than 90 days before the date on which such team is disestablished, the Secretary submits to the congressional defense committees [Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives] notice of the proposed disestablishment of the team and the date on which the disestablishment is proposed to take place. ‘‘(e) DEFINITIONS.—For purposes of this section: ‘‘(1) The term ‘Weapons of Mass Destruction Civil Support Team’ means a team of members of the re- serve components of the Armed Forces that is estab- lished under section 12310(c) of title 10, United States Code, in support of emergency preparedness programs to prepare for or to respond to any emergency involv- ing the use of a weapon of mass destruction. ‘‘(2) The term ‘State and territory’ means each of the several States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands.’’ § 12311. Active duty agreements (a) To provide definite terms of active duty (other than for training) for Reserves with their consent, the Secretary concerned may make a standard written agreement with any member of a reserve component under his jurisdiction re- quiring the member to serve for a period of ac- tive duty (other than for training) of not more than five years. When such an agreement ex- pires, a new one may be made. This subsection does not apply in time of war declared by Con- gress. (b) An agreement may not be made under sub- section (a) unless the specified period of duty is at least 12 months longer than any period of ac- tive duty that the member is otherwise required to perform. (c) Agreements made under subsection (a) shall be uniform so far as practicable, and are subject to such standards and policies as may be prescribed by the Secretary of Defense for the armed forces under his jurisdiction or by the Secretary of Homeland Security for the Coast Guard when the Coast Guard is not operating as a service in the Navy. (d) If an agreement made under subsection (a) expires during a war or during a national emer- gency declared by Congress or the President after January 1, 1953, the Reserve concerned may be kept on active duty, without his con- sent, as otherwise prescribed by law. (Aug. 10, 1956, ch. 1041, 70A Stat. 30, § 679; Pub. L. 96–513, title V, § 511(19), Dec. 12, 1980, 94 Stat. 2921; renumbered § 12311, Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 679(a) ...... 50:963(a) (less last sen- tence). 50:963(c). 50:963(f). July 9, 1952, ch. 608, §§ 235 (less last sentence of (a), and less (b)), 236, 66 Stat. 491. 679(b) ...... 50:963(d). 679(c) ...... 50:963(e). 679(d) ...... 50:964. In subsection (a), the words ‘‘To provide definite terms of active duty for’’ are substituted for the words ‘‘In order that * * * may remain on or be ordered to ac- tive duty * * * for terms of service of definite dura- tion’’. The words ‘‘with their consent’’ are substituted for the word ‘‘voluntarily’’. The words ‘‘requiring the member to serve’’ are substituted for 50:963(c). The words ‘‘more than’’ are substituted for the words ‘‘to exceed’’. The second sentence is substituted for 50:963(a) (2d sentence). The word ‘‘hereafter’’ is omitted as sur- plusage. 50:963(f) is omitted as executed. The words ‘‘under his jurisdiction’’ are inserted for clarity. In subsection (b), the words ‘‘is at least * * * longer’’ are substituted for the words ‘‘exceeds by at least’’. The words ‘‘active duty that the member is otherwise required to perform’’ are substituted for the words ‘‘ob- ligated or involuntary active duty to which he is other- wise liable’’. In subsection (c), the words ‘‘for the armed forces under his jurisdiction’’ are inserted for clarity. Editorial Notes AMENDMENTS 2002—Subsec. (c). Pub. L. 107–296 substituted ‘‘Sec- retary of Homeland Security’’ for ‘‘Secretary of Trans- portation’’. 1994—Pub. L. 103–337 renumbered section 679 of this title as this section. 1980—Subsec. (c). Pub. L. 96–513 substituted ‘‘Sec- retary of Transportation’’ for ‘‘Secretary of the Treas- ury’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. § 12312. Active duty agreements: release from duty (a) Each agreement made under section 12311(a) of this title shall provide that the mem- ber may not be released from active duty with- out his consent during the period of the agree- ment— (1) because of a reduction in the actual per- sonnel strength of the armed force concerned, unless the release is in accordance with the recommendation of a board of officers ap- pointed by an authority designated by the Sec- retary concerned to determine the members to be released from active duty under regulations prescribed by the Secretary; or (2) for any other reason, without an oppor- tunity to be heard by a board of officers before the release, unless he is (A) dismissed or dis- charged under the sentence of a court-martial, (B) released because of an unexplained absence without leave for at least three months, (C) re- leased because he is convicted and sentenced to confinement in a Federal or State peniten- tiary or correctional institution and the sen- tence has become final, or (D) released because he has been considered at least twice and has not been recommended for promotion to the next higher grade or because he is considered as having failed of selection for promotion to the next higher grade and has not been rec-