10 U.S.C. § 12321 — Reserve Officer Training Corps units:

Page 3679 TITLE 10—ARMED FORCES § 12321 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. § 12319. Ready Reserve: muster duty (a) Under regulations prescribed by the Sec- retary of Defense, a member of the Ready Re- serve may be ordered without his consent to muster duty one time each year. A member or- dered to muster duty under this section shall be required to perform a minimum of two hours of muster duty on the day of muster. (b) The period which a member may be re- quired to devote to muster duty under this sec- tion, including round-trip travel to and from the location of that duty, may not total more than one day each calendar year. (c) Except as specified in subsection (d), mus- ter duty (and travel directly to and from that duty) under this section shall be treated as the equivalent of inactive-duty training (and travel directly to and from that training) for the pur- poses of this title and the provisions of title 37 (other than section 206(a)) and title 38, including provisions relating to the determination of eligi- bility for and the receipt of benefits and entitle- ments provided under those titles for Reserves performing inactive-duty training and for their dependents and survivors. (d) Muster duty under this section shall not be credited in determining entitlement to, or in computing, retired pay under chapter 1223 of this title. (Added Pub. L. 101–189, div. A, title V, § 502(a)(1), Nov. 29, 1989, 103 Stat. 1436, § 687; renumbered § 12319 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(e)(2), 1675(c)(10), Oct. 5, 1994, 108 Stat. 2992, 3018.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–337, § 1662(e)(2), renumbered section 687 of this title as this section. Subsec. (d). Pub. L. 103–337, § 1675(c)(10), substituted ‘‘1223’’ for ‘‘67’’. 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. § 12320. Reserve officers: grade in which ordered to active duty A reserve officer who is ordered to active duty or full-time National Guard duty shall be or- dered to active duty or full-time National Guard duty in his reserve grade, except that a reserve officer who is credited with service under sec- tion 12207 of this title and is ordered to active duty and placed on the active-duty list may be ordered to active duty in a reserve grade and with a date of rank and position on the active- duty list determined under regulations pre- scribed by the Secretary of Defense based upon the amount of service credited. (Added Pub. L. 96–513, title I, § 106, Dec. 12, 1980, 94 Stat. 2868, § 689; amended Pub. L. 97–22, § 4(g), July 10, 1981, 95 Stat. 127; renumbered § 12320 and amended Pub. L. 103–337, div. A, title XVI, §§ 1625, 1662(e)(2), 1675(c)(11), Oct. 5, 1994, 108 Stat. 2962, 2992, 3018; Pub. L. 104–106, div. A, title XV, § 1501(a)(2), Feb. 10, 1996, 110 Stat. 495.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–106 made technical correction to di- rectory language of Pub. L. 103–337, § 1625. See 1994 Amendment note below. 1994—Pub. L. 103–337, § 1675(c)(11), substituted ‘‘12207’’ for ‘‘3353, 5600, or 8353’’. Pub. L. 103–337, § 1662(e)(2), renumbered section 689 of this title as this section. Pub. L. 103–337, § 1625, as amended by Pub. L. 104–106, inserted ‘‘or full-time National Guard duty’’ after ‘‘who is ordered to active duty’’ and after ‘‘shall be ordered to active duty’’ and inserted ‘‘and placed on the active- duty list’’ after ‘‘and is ordered to active duty’’. 1981—Pub. L. 97–22 inserted provision relating to a re- serve officer who is credited with service under section 3353, 5600, or 8353 of this title and is ordered to active duty. 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 sections 1662(e)(2) and 1675(c)(11) of Pub. L. 103–337 effective Dec. 1, 1994, except as other- wise provided, and amendment by section 1625 of Pub. L. 103–337 effective Oct. 1, 1996, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under sec- tion 10001 of this title. EFFECTIVE DATE Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under sec- tion 101 of this title. § 12321. Reserve Officer Training Corps units: limitation on number of Reserves assigned The number of members of the reserve compo- nents serving on active duty or full-time Na- tional Guard duty for the purpose of organizing, administering, recruiting, instructing, or train- ing the reserve components who are assigned to duty with a unit of the Reserve Officer Training Corps program may not exceed 275. (Added Pub. L. 101–510, div. A, title V, § 559(a)(1), Nov. 5, 1990, 104 Stat. 1571, § 687; renumbered § 690 and amended Pub. L. 102–25, title VII, § 704(a)(3)(A), (B), Apr. 6, 1991, 105 Stat. 118; Pub. L. 102–190, div. A, title X, § 1061(a)(4)(A), Dec. 5, 1991, 105 Stat. 1472; Pub. L. 102–484, div. A, title V, § 512, Oct. 23, 1992, 106 Stat. 2405; Pub. L. 103–160, div. A, title V, § 512, Nov. 30, 1993, 107 Stat. 1649; renumbered § 12321 and amended Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), (3), Oct. 5, 1994, 108 Stat. 2992.) Page 3680 TITLE 10—ARMED FORCES § 12322 Editorial Notes AMENDMENTS 1994—Pub. L. 103–337 renumbered section 690 of this title as this section and substituted ‘‘Reserve Officer Training Corps units: limitation on number of Reserves assigned’’ for ‘‘Limitation on duty with Reserve Officer Training Corps units’’ as section catchline. 1993—Pub. L. 103–160 substituted ‘‘may not exceed 275’’ for ‘‘may not exceed 200’’. 1992—Pub. L. 102–484 substituted ‘‘The number of members of the reserve components’’ for ‘‘A member of a reserve component’’, ‘‘who are assigned’’ for ‘‘may not be assigned’’, and ‘‘may not exceed 200.’’ for period at end. 1991—Pub. L. 102–190 substituted ‘‘Corps’’ for ‘‘Corp’’ in section catchline. Pub. L. 102–25, § 704(a)(3)(B), renumbered section 687 of this title as this section. Pub. L. 102–25, § 704(a)(3)(A), made technical correc- tion to directory language of Pub. L. 101–510, § 559(a)(1), which enacted 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. EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102–25, title VII, § 704(e), Apr. 6, 1991, 105 Stat. 120, provided that: ‘‘The amendments made by this sec- tion [amending this section and sections 6686 and 7381b of Title 42, The Public Health and Welfare, and amend- ing provisions set out as notes under this section, sec- tions 1701, 1705, 1721, 1724, 1733, 2302, 2306a, 2432, and 3074 of this title, and section 1928 of Title 22, Foreign Rela- tions and Intercourse] shall apply as if included in the enactment of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510).’’ EFFECTIVE DATE Pub. L. 101–510, div. A, title V, § 559(b), Nov. 5, 1990, 104 Stat. 1571, as amended by Pub. L. 102–25, title VII, § 704(a)(3)(C), Apr. 6, 1991, 105 Stat. 118, provided that: ‘‘Section 690 [now 12321] of title 10, United States Code, as added by subsection (a), shall take effect on Sep- tember 30, 1991.’’ WAIVER OF PROHIBITION ON CERTAIN RESERVE SERVICE WITH ROTC PROGRAM Pub. L. 102–190, div. A, title V, § 525, Dec. 5, 1991, 105 Stat. 1363, as amended by Pub. L. 104–106, div. A, title XV, § 1501(d)(2), Feb. 10, 1996, 110 Stat. 500, permitted the Secretary of the military department concerned to waive the prohibition in this section in the case of a member of a reserve component of the Armed Forces who is serving with the Reserve Officer Training Corps program on Sept. 30, 1991, if the removal of the member from that assignment would cause a financial hardship for that member. § 12322. Active duty for health care A member of a uniformed service described in paragraph (1)(B) or (2)(B) of section 1074a(a) of this title may be ordered to active duty, and a member of a uniformed service described in paragraph (1)(A) or (2)(A) of such section may be continued on active duty, for a period of more than 30 days while the member is being treated for (or recovering from) an injury, illness, or dis- ease incurred or aggravated in the line of duty as described in any of such paragraphs. (Added Pub. L. 106–65, div. A, title VII, § 705(a)(1), Oct. 5, 1999, 113 Stat. 683.) § 12323. Active duty pending line of duty deter- mination required for response to sexual as- sault (a) CONTINUATION ON ACTIVE DUTY.—In the case of a member of a reserve component who is the alleged victim of sexual assault committed while on active duty and who is expected to be released from active duty before the determina- tion is made regarding whether the member was assaulted while in the line of duty (in this sec- tion referred to as a ‘‘line of duty determina- tion’’), the Secretary concerned, upon the re- quest of the member, may order the member to be retained on active duty until completion of the line of duty determination. A member eligi- ble for continuation on active duty under this subsection shall be informed as soon as prac- ticable after the alleged assault of the option to request continuation on active duty under this subsection. (b) RETURN TO ACTIVE DUTY.—In the case of a member of a reserve component not on active duty who is the alleged victim of a sexual as- sault that occurred while the member was on ac- tive duty and when the line of duty determina- tion is not completed, the Secretary concerned, upon the request of the member, may order the member to active duty for such time as nec- essary for completion of the line of duty deter- mination. (c) REGULATIONS.—The Secretaries of the mili- tary departments shall prescribe regulations to carry out this section, subject to guidelines pre- scribed by the Secretary of Defense. The guide- lines of the Secretary of Defense shall provide that— (1) a request submitted by a member de- scribed in subsection (a) or (b) to continue on active duty, or to be ordered to active duty, respectively, must be decided within 30 days from the date of the request; and (2) if the request is denied, the member may appeal to the first general officer or flag offi- cer in the chain of command of the member, and in the case of such an appeal a decision on the appeal must be made within 15 days from the date of the appeal. (Added Pub. L. 112–239, div. A, title V, § 571(a), Jan. 2, 2013, 126 Stat. 1753.) CHAPTER 1211—NATIONAL GUARD MEMBERS IN FEDERAL SERVICE Sec. 12401. Army and Air National Guard of the United States: status. 12402. Army and Air National Guard of the United States: commissioned officers; duty in Na- tional Guard Bureau. 12403. Army and Air National Guard of the United States: members; status in which ordered into Federal service. 12404. Army and Air National Guard of the United States: mobilization; maintenance of orga- nization. 12405. National Guard in Federal service: status. 12406. National Guard in Federal service: call. 12407. National Guard in Federal service: period of service; apportionment. 12408. National Guard in Federal service: physical examination.