10 U.S.C. § 688a — Authority to order to active duty in high-

Page 657 TITLE 10—ARMED FORCES § 688a (d) EXCLUSION OF OFFICERS RETIRED ON SELEC- TIVE 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. (2) An officer who— (A) after having been notified that the offi- cer was to be considered for early retirement under section 638 of this title by a board con- vened under section 611(b) of this title and before being considered by that board, re- quested retirement under section 7311, 8323, or 9311 of this title; and (B) was retired pursuant to that request. (e) LIMITATION OF PERIOD OF RECALL SERV- ICE.—(1) A member ordered to active duty under subsection (a) may not serve on active duty pur- suant 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 fol- lowing 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 character- ized by the Secretary concerned) who is as- signed 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 attache´ or service attache´ for the pe- riod 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. (Added Pub. L. 104–201, div. A, title V, § 521(a), Sept. 23, 1996, 110 Stat. 2515; amended Pub. L. 105–85, div. A, title V, § 502, Nov. 18, 1997, 111 Stat. 1724; Pub. L. 107–107, div. A, title V, § 509(a), Dec. 28, 2001, 115 Stat. 1091; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840; Pub. L. 116–283, div. A, title IX, § 924(b)(4)(I), Jan. 1, 2021, 134 Stat. 3822; Pub. L. 118–31, div. A, title XVII, § 1719A(b)(1), Dec. 22, 2023, 137 Stat. 664.) Editorial Notes PRIOR PROVISIONS A prior section 688, added Pub. L. 96–513, title I, § 106, Dec. 12, 1980, 94 Stat. 2868; amended Pub. L. 98–94, title X, § 1017(b)(1)–(3), Sept. 24, 1983, 97 Stat. 669; Pub. L. 99–145, title V, § 516, Nov. 8, 1985, 99 Stat. 630; Pub. L. 102–190, div. A, title V, § 506(a), Dec. 5, 1991, 105 Stat. 1359; Pub. L. 103–160, div. A, title V, § 563, Nov. 30, 1993, 107 Stat. 1669, provided that certain retired members of the armed forces could be ordered to active duty, prior to repeal by Pub. L. 104–201, div. A, title V, § 521(a), (b), Sept. 23, 1996, 110 Stat. 2515, 2517, effective Sept. 30, 1997. See sections 688 to 690 of this title. AMENDMENTS 2023—Subsec. (b)(1). Pub. L. 118–31, § 1719A(b)(1)(A), substituted ‘‘or Regular Marine Corps’’ for ‘‘Regular Marine Corps, or Regular Space Force’’. Subsec. (b)(4). Pub. L. 118–31, § 1719A(b)(1)(B), added par. (4). 2021—Subsec. (b)(1). Pub. L. 116–283 substituted ‘‘Reg- ular Marine Corps, or Regular Space Force’’ for ‘‘or Regular Marine Corps’’. 2018—Subsec. (b)(2). Pub. L. 115–232 substituted ‘‘sec- tion 1293, 7311, 7314, 8323, 9311, or 9314’’ for ‘‘section 1293, 3911, 3914, 6323, 8911, or 8914’’. Subsec. (d)(2)(A). Pub. L. 115–232 substituted ‘‘section 7311, 8323, or 9311’’ for ‘‘section 3911, 6323, or 8911’’. 2001—Subsec. (e)(2)(D). Pub. L. 107–107 added subpar. (D). 1997—Subsec. (e). Pub. L. 105–85 designated existing provisions as par. (1) and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–107, div. A, title V, § 509(c), Dec. 28, 2001, 115 Stat. 1091, provided that: ‘‘The amendments made by subsections (a) and (b) [amending this section and section 690 of this title] shall apply with respect to offi- cers serving on active duty as a defense attache´ or serv- ice attache´ on or after the date of the enactment of this Act [Dec. 28, 2001].’’ EFFECTIVE DATE Pub. L. 104–201, div. A, title V, § 521(b), Sept. 23, 1996, 110 Stat. 2517, provided that: ‘‘The amendments made by this section [enacting this section and sections 689 and 690 of this title, amending section 6151 of this title, and repealing former section 688 of this title] shall take effect on September 30, 1997.’’ § 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 con- sent 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 agree- ment 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 au- thority under section 688 of this title 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 NA- TIONAL EMERGENCY.—The limitation in sub- section (c) shall not apply during a time of war or of national emergency declared by Congress or the President. Page 658 TITLE 10—ARMED FORCES § 689 (g) HIGH-DEMAND, LOW-DENSITY MILITARY CA- PABILITY DEFINED.—In this section, the term ‘‘high-demand, low-density military capability’’ means a combat, combat support or service sup- port capability, unit, system, or occupational specialty that the Secretary of Defense deter- mines has funding, equipment, or personnel lev- els that are substantially below the levels re- quired to fully meet or sustain actual or ex- pected operational requirements set by regional commanders. (Added Pub. L. 107–314, div. A, title V, § 503(a)(1), Dec. 2, 2002, 116 Stat. 2530; amended Pub. L. 109–364, div. A, title VI, § 621(b), (d)(2)(A), Oct. 17, 2006, 120 Stat. 2254, 2255; Pub. L. 111–383, div. A, title V, § 531(a), Jan. 7, 2011, 124 Stat. 4215; Pub. L. 115–91, div. A, title V, § 527, Dec. 12, 2017, 131 Stat. 1383; Pub. L. 116–283, div. A, title V, § 511, Jan. 1, 2021, 134 Stat. 3587; Pub. L. 118–31, div. A, title V, § 521(a), Dec. 22, 2023, 137 Stat. 249.) Editorial Notes AMENDMENTS 2023—Pub. L. 118–31, § 521(a)(1), substituted ‘‘Author- ity’’ for ‘‘Retired members: temporary authority’’ in section catchline. Subsecs. (f) to (h). Pub. L. 118–31, § 521(a)(2)–(4), redes- ignated subsecs. (g) and (h) as (f) and (g), respectively, substituted ‘‘limitation in subsection (c)’’ for ‘‘limita- tions in subsections (c) and (f)’’ in subsec. (f), and struck out former subsec. (f) which related to expira- tion of authority under this section. 2021—Subsecs. (g), (h). Pub. L. 116–283 added subsec. (g) and redesignated former subsec. (g) as (h). 2017—Subsec. (f). Pub. L. 115–91 substituted ‘‘outside a period as follows:’’ for ‘‘after December 31, 2011.’’ and added pars. (1) and (2). 2011—Subsec. (f). Pub. L. 111–383 substituted ‘‘Decem- ber 31, 2011’’ for ‘‘December 31, 2010’’. 2006—Pub. L. 109–364, § 621(d)(2)(A), substituted ‘‘Re- tired members: temporary authority to order to active duty in high-demand, low-density assignments’’ for ‘‘Retired aviators: temporary authority to order to ac- tive duty’’ in section catchline. Subsec. (a). Pub. L. 109–364, § 621(b)(1), in first sen- tence, substituted ‘‘The Secretary of a military depart- ment may order to active duty a retired member who agrees to serve on active duty in an assignment in- tended to alleviate a high-demand, low-density mili- tary capability or in any other specialty designated by the Secretary as critical to meet wartime or peacetime requirements’’ for ‘‘The Secretary of a military depart- ment may order to active duty a retired officer having expertise as an aviator to fill staff positions normally filled by aviators on active duty’’ and, in second sen- tence, substituted ‘‘member’’ for ‘‘officer’’ in two places. Subsec. (b). Pub. L. 109–364, § 621(b)(2), substituted ‘‘a member’’ for ‘‘an officer’’. Subsec. (c). Pub. L. 109–364, § 621(b)(3), substituted ‘‘1,000 members’’ for ‘‘500 officers’’. Subsec. (d). Pub. L. 109–364, § 621(b)(4), substituted ‘‘member to active duty under’’ for ‘‘officer to active duty under’’. Subsec. (e). Pub. L. 109–364, § 621(b)(5), substituted ‘‘Retired members’’ for ‘‘Officers’’. Subsec. (f). Pub. L. 109–364, § 621(b)(6), substituted ‘‘A retired member’’ for ‘‘An officer’’ and ‘‘December 31, 2010’’ for ‘‘September 30, 2008’’. Subsec. (g). Pub. L. 109–364, § 621(b)(7), added subsec. (g). Statutory Notes and Related Subsidiaries TRANSITION PROVISION Pub. L. 107–314, div. A, title V, § 503(c), Dec. 2, 2002, 116 Stat. 2531, provided that: ‘‘Any officer ordered to active duty under section 501 of the National Defense Author- ization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 589) who continues on active duty under such order to active duty after the date of the enactment of this Act [Dec. 2, 2002] shall be counted for purposes of the limitation under subsection (c) of section 688a of title 10, United States Code, as added by subsection (a).’’ § 689. Retired members: grade in which ordered to active duty and upon release from active duty (a) GENERAL RULE FOR GRADE IN WHICH OR- DERED 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 mem- ber’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 re- tired member ordered to active duty under sec- tion 688 or 688a of this title who has previously served on active duty satisfactorily, as deter- mined by the Secretary of the military depart- ment 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 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 ac- tive 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 enti- tled to placement on the retired list in that grade. (d) GRADE UPON RELEASE FROM ACTIVE DUTY.— A member ordered to active duty under section 688 or 688a of this title who, while on active duty, is promoted to a grade that is higher than that member’s retired grade is entitled, upon that member’s release from that tour of active duty, to placement on the retired list in the highest grade in which the member served on ac- tive duty satisfactorily, as determined by the Secretary of the military department concerned, for not less than six months. (Added Pub. L. 104–201, div. A, title V, § 521(a), Sept. 23, 1996, 110 Stat. 2516; amended Pub. L. 107–314, div. A, title V, § 503(b)(1), Dec. 2, 2002, 116 Stat. 2531.) Editorial Notes PRIOR PROVISIONS A prior section 689 was renumbered section 12320 of this title.