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10 U.S.C. § 12301 — Reserve components generally

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10 U.S.C. § 12301 — Reserve components generally

Page 3658 TITLE 10—ARMED FORCES § 12244 § 12244. Warrant officers: discharge or retirement for years of service or for age Each reserve warrant officer of the Army, Navy, Air Force, or Marine Corps who is in an active status and has reached the maximum years of service or age prescribed by the Sec- retary concerned shall— (1) be transferred to the Retired Reserve if the warrant officer is qualified for such trans- fer and does not request (in accordance with regulations prescribed by the Secretary con- cerned) not to be transferred to the Retired Reserve; or (2) be discharged if the warrant officer is not qualified for transfer to the Retired Reserve or has requested (in accordance with regulations prescribed by the Secretary concerned) not to be so transferred. (Added Pub. L. 107–107, div. A, title V, § 517(e)(1), Dec. 28, 2001, 115 Stat. 1095.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first month that begins more than 180 days after Dec. 28, 2001, see section 517(g) of Pub. L. 107–107, set out as an Effective Date of 2001 Amendment note under section 10154 of this title. CHAPTER 1209—ACTIVE DUTY Sec. 12301. Reserve components generally. 12302. Ready Reserve. 12303. Ready Reserve: members not assigned to, or participating satisfactorily in, units. 12304. Selected Reserve and certain Individual Ready Reserve members; order to active duty other than during war or national emergency. 12304a. Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve: order to active duty to provide assistance in response to a major disaster or emergency. 12304b. Selected Reserve: order to active duty for preplanned missions in support of the com- batant commands. 12305. Author

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Page 3658 TITLE 10—ARMED FORCES § 12244 § 12244. Warrant officers: discharge or retirement for years of service or for age Each reserve warrant officer of the Army, Navy, Air Force, or Marine Corps who is in an active status and has reached the maximum years of service or age prescribed by the Sec- retary concerned shall— (1) be transferred to the Retired Reserve if the warrant officer is qualified for such trans- fer and does not request (in accordance with regulations prescribed by the Secretary con- cerned) not to be transferred to the Retired Reserve; or (2) be discharged if the warrant officer is not qualified for transfer to the Retired Reserve or has requested (in accordance with regulations prescribed by the Secretary concerned) not to be so transferred. (Added Pub. L. 107–107, div. A, title V, § 517(e)(1), Dec. 28, 2001, 115 Stat. 1095.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first month that begins more than 180 days after Dec. 28, 2001, see section 517(g) of Pub. L. 107–107, set out as an Effective Date of 2001 Amendment note under section 10154 of this title. CHAPTER 1209—ACTIVE DUTY Sec. 12301. Reserve components generally. 12302. Ready Reserve. 12303. Ready Reserve: members not assigned to, or participating satisfactorily in, units. 12304. Selected Reserve and certain Individual Ready Reserve members; order to active duty other than during war or national emergency. 12304a. Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve: order to active duty to provide assistance in response to a major disaster or emergency. 12304b. Selected Reserve: order to active duty for preplanned missions in support of the com- batant commands. 12305. Authority of President to suspend certain laws relating to promotion, retirement, and separation. 12306. Standby Reserve. 12307. Retired Reserve. 12308. Retention after becoming qualified for retired pay. 12309. Reserve officers: use of in expansion of armed forces. 12310. Reserves: for organizing, administering, etc., reserve components. 12311. Active duty agreements. 12312. Active duty agreements: release from duty. 12313. Reserves: release from active duty. 12314. Reserves: kinds of duty. 12315. Reserves: duty with or without pay. 12316. Payment of certain Reserves while on duty. 12317. Reserves: theological students; limitations. 12318. Reserves on active duty: duties; funding. 12319. Ready Reserve: muster duty. 12320. Reserve officers: grade in which ordered to active duty. 12321. Reserve Officer Training Corps units: limita- tion on number of Reserves assigned. 12322. Active duty for health care. 12323. Active duty pending line of duty determina- tion required for response to sexual assault. Editorial Notes AMENDMENTS 2013—Pub. L. 112–239, div. A, title V, § 571(b), Jan. 2, 2013, 126 Stat. 1753, added item 12323. 2011—Pub. L. 112–81, div. A, title V, §§ 515(a)(2), 516(a)(2), Dec. 31, 2011, 125 Stat. 1394, 1397, added items 12304a and 12304b. 1999—Pub. L. 106–65, div. A, title VII, § 705(a)(2), Oct. 5, 1999, 113 Stat. 683, added item 12322. 1997—Pub. L. 105–85, div. A, title V, § 511(e)(2), Nov. 18, 1997, 111 Stat. 1729, inserted ‘‘and certain Individual Ready Reserve members’’ after ‘‘Selected Reserve’’ in item 12304. 1996—Pub. L. 104–106, div. A, title XV, § 1501(b)(16), Feb. 10, 1996, 110 Stat. 496, substituted a semicolon for a colon in item 12304 and struck out ‘‘on active duty’’ after ‘‘Retention’’ in item 12308. § 12301. Reserve components generally (a) In time of war or of national emergency de- clared by Congress, or when otherwise author- ized by law, an authority designated by the Sec- retary concerned may, without the consent of the persons affected, order any unit, and any member not assigned to a unit organized to serve as a unit, of a reserve component under the jurisdiction of that Secretary to active duty for the duration of the war or emergency and for six months thereafter. However a member on an inactive status list or in a retired status may not be ordered to active duty under this sub- section unless the Secretary concerned, with the approval of the Secretary of Defense in the case of the Secretary of a military department, de- termines that there are not enough qualified Re- serves in an active status or in the inactive Na- tional Guard in the required category who are readily available. (b) At any time, an authority designated by the Secretary concerned may, without the con- sent of the persons affected, order any unit, and any member not assigned to a unit organized to serve as a unit, in an active status in a reserve component under the jurisdiction of that Sec- retary to active duty for not more than 15 days a year. However, units and members of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to active duty under this subsection without the consent of the governor of the State (or, in the case of the District of Co- lumbia National Guard, the commanding gen- eral of the District of Columbia National Guard). (c) So far as practicable, during any expansion of the active armed forces that requires that units and members of the reserve components be ordered to active duty as provided in subsection (a), members of units organized and trained to serve as units who are ordered to that duty without their consent shall be so ordered with their units. However, members of those units may be reassigned after being so ordered to ac- tive duty. (d) At any time, an authority designated by the Secretary concerned may order a member of a reserve component under his jurisdiction to active duty, or retain him on active duty, with the consent of that member. However, a member of the Army National Guard of the United States or the Air National Guard of the United Page 3659 TITLE 10—ARMED FORCES § 12301 States may not be ordered to active duty under this subsection without the consent of the gov- ernor or other appropriate authority of the State concerned. (e) The period of time allowed between the date when a Reserve ordered to active duty as provided in subsection (a) is alerted for that duty and the date when the Reserve is required to enter upon that duty shall be determined by the Secretary concerned based upon military re- quirements at that time. (f) The consent of a Governor described in sub- sections (b) and (d) may not be withheld (in whole or in part) with regard to active duty out- side the United States, its territories, and its possessions, because of any objection to the lo- cation, purpose, type, or schedule of such active duty. (g)(1) A member of a reserve component may be ordered to active duty without his consent if the Secretary concerned determines that the member is in a captive status. A member or- dered to active duty under this section may not be retained on active duty, without his consent, for more than 30 days after his captive status is terminated. (2) The Secretary of Defense shall prescribe regulations to carry out this section. Such regu- lations shall apply uniformly among the armed forces under the jurisdiction of the Secretary. A determination for the purposes of this sub- section that a member is in a captive status shall be made pursuant to such regulations. (3) In this section, the term ‘‘captive status’’ means the status of a member of the armed forces who is in a missing status (as defined in section 551(2) of title 37) which occurs as the re- sult of a hostile action and is related to the member’s military status. (h)(1) When authorized by the Secretary of De- fense, the Secretary of a military department may, with the consent of the member, order a member of a reserve component to active duty— (A) to receive authorized medical care; (B) to be medically evaluated for disability or other purposes; or (C) to complete a required Department of Defense health care study, which may include an associated medical evaluation of the mem- ber. (2) A member ordered to active duty under this subsection may, with the member’s con- sent, be retained on active duty, if the Secretary concerned considers it appropriate, for medical treatment for a condition associated with the study or evaluation, if that treatment of the member is otherwise authorized by law. (3) A member of the Army National Guard of the United States or the Air National Guard of the United States may be ordered to active duty under this subsection only with the consent of the Governor or other appropriate authority of the State concerned. (Aug. 10, 1956, ch. 1041, 70A Stat. 27, § 672; Pub. L. 85–861, §§ 1(13), 33(a)(5), Sept. 2, 1958, 72 Stat. 1440, 1564; Pub. L. 96–357, § 6, Sept. 24, 1980, 94 Stat. 1182; Pub. L. 96–584, § 1, Dec. 23, 1980, 94 Stat. 3377; Pub. L. 99–500, § 101(c) [title IX, § 9122], Oct. 18, 1986, 100 Stat. 1783–82, 1783–127, and Pub. L. 99–591, § 101(c) [title IX, § 9122], Oct. 30, 1986, 100 Stat. 3341–82, 3341–127; Pub. L. 99–661, div. A, title V, §§ 522, 524(a), Nov. 14, 1986, 100 Stat. 3871; Pub. L. 100–456, div. A, title XII, § 1234(a)(1), (2), Sept. 29, 1988, 102 Stat. 2059; renumbered § 12301 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(e)(2), 1675(c)(1), Oct. 5, 1994, 108 Stat. 2992, 3017; Pub. L. 106–65, div. A, title V, § 512, Oct. 5, 1999, 113 Stat. 592; Pub. L. 108–375, div. A, title V, § 514(a), Oct. 28, 2004, 118 Stat. 1882.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 672(a) ...... 672(b) ...... 672(c) ...... 672(d) ...... 50:961(a). 50:961(c). 50:961(g). 50:961(d). 50:962 (1st sentence). July 9, 1952, ch. 608, §§ 233 (less (b) and (f)), 234 (1st sentence), 66 Stat. 489, 490. 672(e) ...... 50:961(e). In subsection (a), the word ‘‘hereafter’’ is omitted as surplusage. The words ‘‘there are not enough * * * who are’’ are substituted for the words ‘‘adequate numbers of * * * are not’’. The words ‘‘without the consent of the persons affected’’ and ‘‘under the jurisdiction of that Secretary’’ are inserted for clarity. The words ‘‘and the members thereof’’ are omitted as surplusage. In subsection (b), the words ‘‘without the consent of the persons affected’’ are substituted for the words ‘‘without his consent’’, since units as well as individ- uals are covered by the revised subsection. The words ‘‘and the members thereof’’, ‘‘and required to perform’’, ‘‘or required to serve on’’, and ‘‘in the service of the United States’’ are omitted as surplusage. In subsections (b) and (d), the words ‘‘active duty for training’’ are omitted as covered by the words ‘‘active duty’’. In subsection (c), the words ‘‘to active duty’’ are sub- stituted for the words ‘‘into the active military service of the United States’’, in 50:961(g) (1st and last sen- tences). The words ‘‘to serve’’ are substituted for the words ‘‘for the purpose of serving’’. The words ‘‘without their consent’’ are substituted for the word ‘‘involun- tarily’’. The words ‘‘to that duty’’ are substituted for the words ‘‘into active duty’’. The last sentence of the revised subsection is substituted for 50:961(g) (last sen- tence). In subsection (d), the words ‘‘the consent of that member’’ are substituted for the words ‘‘his consent’’. The words ‘‘under his jurisdiction’’ are inserted for clarity. 50:962 (last 15 words of 1st sentence) is omitted as covered by 50:961(d). In subsection (e), the words ‘‘to active duty (other than for training)’’ are substituted for the words ‘‘into the active military service of the United States’’. The words ‘‘period of’’ are omitted as surplusage. The word ‘‘requirements’’ is substituted for the word ‘‘condition’’ for clarity. 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 672(a) ...... 50:961(a). Aug. 9, 1955, ch. 665, § 2(e), 69 Stat. 599. The word ‘‘hereafter’’ is omitted as surplusage. The words ‘‘there are not enough . . . who are’’ are sub- stituted for the words ‘‘adequate numbers of . . . are not’’. The words ‘‘without the consent of the persons af- fected’’ and ‘‘under the jurisdiction of that Secretary’’ are inserted for clarity. The changes are necessary to reflect section 101(b) of the Armed Forces Reserve Act of 1952 (50 U.S.C. 901(b)), which defines the term ‘‘active duty’’ to exclude active duty for training. This definition applied to the source law for these sections [sections 672 and 673], section 233(a), (b)(1), and (c) of the Armed Forces Reserve Act of 1952 (50 U.S.C. 961(a), (b)(1), (c)). Page 3660 TITLE 10—ARMED FORCES § 12301 Editorial Notes CODIFICATION Pub. L. 99–591 is a corrected version of Pub. L. 99–500. AMENDMENTS 2004—Subsec. (a). Pub. L. 108–375, § 514(a)(1), struck out ‘‘(other than for training)’’ after ‘‘that Secretary to active duty’’. Subsec. (c). Pub. L. 108–375, § 514(a)(2), substituted ‘‘as provided in subsection (a)’’ for ‘‘(other than for train- ing)’’ and ‘‘so ordered to active duty’’ for ‘‘ordered to active duty (other than for training)’’. Subsec. (e). Pub. L. 108–375, § 514(a)(3), substituted ‘‘as provided in subsection (a)’’ for ‘‘(other than for train- ing)’’. 1999—Subsec. (h). Pub. L. 106–65 added subsec. (h). 1994—Pub. L. 103–337, § 1662(e)(2), renumbered section 672 of this title as this section. Subsec. (b). Pub. L. 103–337, § 1675(c)(1)(A), substituted ‘‘(or, in the case of the District of Columbia National Guard, the commanding general of the District of Co- lumbia National Guard)’’ for ‘‘or Territory or Puerto Rico or the commanding general of the District of Co- lumbia National Guard, as the case may be’’. Subsec. (d). Pub. L. 103–337, § 1675(c)(1)(B), struck out ‘‘or Territory, Puerto Rico, or the District of Columbia, whichever is’’ after ‘‘authority of the State’’. 1988—Subsec. (b). Pub. L. 100–456, § 1234(a)(2), sub- stituted ‘‘or Puerto Rico’’ for ‘‘, Puerto Rico, or the Canal Zone,’’. Subsec. (d). Pub. L. 100–456, § 1234(a)(1), struck out ‘‘the Canal Zone,’’ after ‘‘Puerto Rico,’’. 1986—Subsec. (f). Pub. L. 99–500 and Pub. L. 99–591, § 101(c) [§ 9122], Pub. L. 99–661, § 522, amended section identically adding subsec. (f). Subsec. (g). Pub. L. 99–661, § 524(a), added subsec. (g). 1980—Subsec. (a). Pub. L. 96–357 struck out cl. (1) des- ignation for second sentence and cl. (2) prohibition against ordering a member of the Standby Reserve to active duty unless the Director of Selective Service de- termined that the member was available for active duty. Subsec. (e). Pub. L. 96–584 substituted provisions re- specting determination of the allowable time in terms of military requirements for provisions authorizing a reasonable time. 1958—Subsec. (a). Pub. L. 85–861, §§ 1(13), 33(a)(5), in- serted ‘‘(other than for training)’’ after ‘‘active duty’’, substituted ‘‘inactive National Guard’’ for ‘‘inactive Army National Guard or in the inactive Air National Guard’’, and inserted provisions prohibiting a member of the Standby Reserve from being ordered to active duty under this subsection unless the Director of Selec- tive Service determines that the member is available for active duty. Subsec. (c). Pub. L. 85–861, § 33(a)(5), inserted ‘‘(other than for training)’’ after ‘‘active duty’’. 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 1986 AMENDMENT Pub. L. 99–661, div. A, title V, § 524(b), Nov. 14, 1986, 100 Stat. 3872, provided that: ‘‘Section 672(g) [now 12301(g)] of title 10, United States Code, as added by subsection (a), does not authorize a member of a reserve compo- nent to be ordered to active duty for a period before the date of the enactment of this Act [Nov. 14, 1986].’’ EFFECTIVE DATE OF 1958 AMENDMENT Amendment by section 33(a)(5) of Pub. L. 85–861 effec- tive Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title. RULE OF CONSTRUCTION FOR DUPLICATE AUTHORIZATION AND APPROPRIATION PROVISIONS OF PUBLIC LAWS 99–500, 99–591, AND 99–661 For rule of construction for certain duplicate provi- sions of Public Laws 99–500, 99–591, and 99–661, see Pub. L. 100–26, § 6, Apr. 21, 1987, 101 Stat. 274, set out as a note under section 101 of this title. QUARANTINE LODGING FOR MEMBERS OF THE RESERVE COMPONENTS WHO PERFORM CERTAIN SERVICE IN RE- SPONSE TO THE COVID–19 EMERGENCY Pub. L. 116–283, div. A, title V, § 517, Jan. 1, 2021, 134 Stat. 3590, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense may pro- vide, to a member of the reserve components of the Armed Forces who performs a period of covered service, housing for not fewer than 14 days immediately after the end of such period of covered service. ‘‘(b) DEFINITIONS.—In this section: ‘‘(1) The term ‘active service’ has the meaning given that term in section 101 of title 10, United States Code. ‘‘(2) The term ‘covered service’ means active service performed in response to the covered national emer- gency. ‘‘(3) The term ‘covered national emergency’ means the national emergency declared on March 13, 2020, by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to COVID–19.’’ LIMITATIONS ON CANCELLATIONS OF DEPLOYMENT OF CERTAIN RESERVE COMPONENT UNITS AND INVOLUN- TARY MOBILIZATIONS OF CERTAIN RESERVES Pub. L. 113–66, div. A, title V, § 513, Dec. 26, 2013, 127 Stat. 752, provided that: ‘‘(a) LIMITATION ON CANCELLATION OF DEPLOYMENT OF CERTAIN UNITS WITHIN 180 DAYS OF SCHEDULED DEPLOY- MENT.— ‘‘(1) LIMITATION.—The deployment of a unit of a re- serve component of the Armed Forces described in paragraph (2) may not be cancelled during the 180-day period ending on the date on which the unit is other- wise scheduled for deployment without the approval, in writing, of the Secretary of Defense. ‘‘(2) COVERED DEPLOYMENTS.—A deployment of a unit of a reserve component described in this para- graph is a deployment whose cancellation as de- scribed in paragraph (1) is due to the deployment of a unit of a regular component of the Armed Forces to carry out the mission for which the unit of the re- serve component was otherwise to be deployed. ‘‘(3) NOTICE TO CONGRESS AND GOVERNORS ON AP- PROVAL OF CANCELLATION OF DEPLOYMENT.—On ap- proving the cancellation of deployment of a unit under paragraph (1), the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] and the Governor concerned a notice on the approval of cancellation of deployment of the unit. ‘‘(b) ADVANCE NOTICE TO CERTAIN RESERVES ON INVOL- UNTARY MOBILIZATION.— ‘‘(1) ADVANCE NOTICE REQUIRED.—The Secretary con- cerned may not provide less than 120 days advance notice of an involuntary mobilization to a member of the reserve component of the Armed Forces described in paragraph (2) without the approval, in writing, of the Secretary of Defense. ‘‘(2) COVERED RESERVES.—A member of a reserve component described in this paragraph is a member as follows: ‘‘(A) A member who is not assigned to a unit or- ganized to serve as a unit. ‘‘(B) A member who is to be mobilized apart from the member’s unit. Page 3661 TITLE 10—ARMED FORCES § 12302 ‘‘(3) COMMENCEMENT OF APPLICABILITY.—This sub- section shall apply with respect to members who are mobilized on or after the date that is 120 days after the date of the enactment of this Act [Dec. 26, 2013]. ‘‘(4) SECRETARY CONCERNED DEFINED.—In this sub- section, the term ‘Secretary concerned’ has the meaning given that term in section 101(a)(9) of title 10, United States Code. ‘‘(5) SUNSET.—This subsection shall cease to apply as of the date of the completion of the withdrawal of United States combat forces from Afghanistan. ‘‘(c) NONDELEGATION OF APPROVAL.—The Secretary of Defense may not delegate the approval of cancellations of deployments of units under subsection (a) or the ap- proval of mobilization of Reserves without advance no- tice under subsection (b).’’ ADVANCE NOTICE TO MEMBERS OF RESERVE COMPO- NENTS OF DEPLOYMENT IN SUPPORT OF CONTINGENCY OPERATIONS Pub. L. 110–181, div. A, title V, § 515, Jan. 28, 2008, 122 Stat. 99, provided that: ‘‘(a) ADVANCE NOTICE REQUIRED.—The Secretary of a military department shall ensure that a member of a reserve component under the jurisdiction of that Sec- retary who will be called or ordered to active duty for a period of more than 30 days in support of a contin- gency operation (as defined in section 101(a)(13) of title 10, United States Code) receives notice in advance of the mobilization date. In so far as is practicable, the notice shall be provided not less than 30 days before the mobilization date, but with a goal of 90 days before the mobilization date. ‘‘(b) REDUCTION OR WAIVER OF NOTICE REQUIREMENT.— The Secretary of Defense may waive the requirement of subsection (a), or authorize shorter notice than the minimum specified in such subsection, during a war or national emergency declared by the President or Con- gress or to meet mission requirements. If the waiver or reduction is made on account of mission requirements, the Secretary shall submit to Congress a report detail- ing the reasons for the waiver or reduction and the mis- sion requirements at issue.’’ § 12302. Ready Reserve (a) In time of national emergency declared by the President after January 1, 1953, or when oth- erwise authorized by law, an authority des- ignated by the Secretary concerned may, with- out the consent of the persons concerned, order any unit, and any member not assigned to a unit organized to serve as a unit, in the Ready Re- serve under the jurisdiction of that Secretary to active duty for not more than 24 consecutive months. (b) To achieve fair treatment as between mem- bers in the Ready Reserve who are being consid- ered for recall to duty without their consent, consideration shall be given to— (1) the length and nature of previous service, to assure such sharing of exposure to hazards as the national security and military require- ments will reasonably allow; (2) family responsibilities; and (3) employment necessary to maintain the national health, safety, or interest. The Secretary of Defense shall prescribe such policies and procedures as he considers nec- essary to carry out this subsection. (c) Not more than 1,000,000 members of the Ready Reserve may be on active duty, without their consent, under this section at any one time. (Aug. 10, 1956, ch. 1041, 70A Stat. 28, § 673; Pub. L. 85–861, §§ 1(14), 33(a)(5), Sept. 2, 1958, 72 Stat. 1441, 1564; Pub. L. 93–155, title III, § 303(a), Nov. 16, 1973, 87 Stat. 607; renumbered § 12302, Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992; Pub. L. 104–106, div. A, title XV, § 1502(a)(2), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–136, div. A, title X, § 1031(a)(61), Nov. 24, 2003, 117 Stat. 1603; Pub. L. 108–375, div. A, title V, § 514(b), Oct. 28, 2004, 118 Stat. 1883; Pub. L. 112–81, div. A, title X, § 1061(28), (30), Dec. 31, 2011, 125 Stat. 1584.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 673(a) ...... 673(b) ...... 50:961(b)(1). 50:961(b)(2). July 9, 1952, ch. 608, § 233(b), 66 Stat. 489. In subsection (a), the words ‘‘after January 1, 1953’’ are substituted for the word ‘‘hereafter’’, to reflect the effective date of the source statute. The words ‘‘with- out the consent of the persons concerned’’ are sub- stituted for the word ‘‘involuntarily’’. The words ‘‘under the jurisdiction of that Secretary’’ are inserted for clarity. The last sentence of the revised subsection is substituted for 50:961(b)(1) (proviso). The words ‘‘and the members thereof’’ and ‘‘and required to perform’’ are omitted as surplusage. In subsection (b), the words ‘‘to achieve’’ are sub- stituted for the words ‘‘in the interest of’’. The words ‘‘without their consent’’ are substituted for the word ‘‘involuntarily’’. The words ‘‘who are being considered for’’ are inserted for clarity. The words ‘‘prescribe such policies and procedures’’ are substituted for the words ‘‘promulgate such policies and establish such proce- dures’’. The words ‘‘as he considers necessary’’ are sub- stituted for the words ‘‘as may be required in his opin- ion’’. The words ‘‘this subsection’’ are substituted for the words ‘‘our intent here declared’’. The words ‘‘at least once a year’’ are substituted for the words ‘‘from time to time, and at least annually’’. The words ‘‘Sen- ate and the House of Representatives’’ are substituted for the word ‘‘Congress’’. 50:961(b)(2) (1st 18 words) is omitted as surplusage. The words ‘‘with the objective’’ and ‘‘found to be’’ are omitted as surplusage. 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 673(a) ...... 673(c) ...... 50:961(b)(1) (less proviso). 50:961(b)(1) (proviso) Aug. 9, 1955, ch. 665, § 2(f), 69 Stat. 599. In subsection (c), the words ‘‘on active duty (other than for training)’’ are substituted for the words ‘‘may be required to perform active duty’’ for clarity. The words ‘‘without their consent’’ are substituted for the word ‘‘involuntarily’’. The words ‘‘of all reserve compo- nents’’ and ‘‘unless the Congress shall have authorized the exercise of the authority contained in this sub- section’’ are omitted as surplusage. The changes are necessary to reflect section 101(b) of the Armed Forces Reserve Act of 1952 (50 U.S.C. 901(b)), which defines the term ‘‘active duty’’ to exclude active duty for training. This definition applied to the source law for these sections [sections 672 and 673], section 233(a), (b)(1), and (c) of the Armed Forces Reserve Act of 1952 (50 U.S.C. 961(a), (b)(1), (c)). Editorial Notes AMENDMENTS 2011—Subsec. (b). Pub. L. 112–81, in concluding provi- sions, struck out at end ‘‘He shall report on those poli- cies and procedures at least once a year to the Com- mittee on Armed Services of the Senate and the Com- mittee on Armed Services of the House of Representa- tives.’’

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

10 U.S.C. § 12301 — Reserve components generally

**(a)** In time of war or of national emergency declared by Congress, or when otherwise authorized by law, an authority designated by the Secretary concerned may, without the consent of the persons affected, order any unit, and any member not assigned to a unit organized to serve as a unit, of a reserve component under the jurisdiction of that Secretary to active duty for the duration of the war or emergency and for six months thereafter. However a member on an inactive status list or in a retired status may not be ordered to active duty under this subsection unless the Secretary concerned, with the approval of the Secretary of Defense in the case of the Secretary of a military department, determines that there are not enough qualified Reserves in an active status or in the inactive National Guard in the required category who are readily available. **(b)** At any time, an authority designated by the Secretary concerned may, without the consent of the persons affected, order any unit, and any member not assigned to a unit organized to serve as a unit, in an active status in a reserve component under the jurisdiction of that Secretary to active duty for not more than 15 days a year. However, units and members of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to active duty under this subsection without the consent of the governor of the State (or, in the case of the District of Columbia National Guard, the commanding general of the District of Columbia National Guard). **(c)** So far as practicable, during any expansion of the active armed forces that requires that units and members of the reserve components be ordered to active duty as provided in subsection (a), members of units organized and trained to s

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

50 U.S.C. § 1601 — Termination of existing declared emergencies

**(a)** All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency, as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim), as a result of the existence of any declaration of national emergency in effect on September 14, 1976, are terminated two years from September 14, 1976. Such termination shall not affect— (1) any action taken or proceeding pending not finally concluded or determined on such date; (2) any action or proceeding based on any act committed prior to such date; or (3) any rights or duties that matured or penalties that were incurred prior to such date. **(b)** For the purpose of this section, the words “any national emergency in effect” means a general declaration of emergency made by the President.

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

50 U.S.C. § 1601 — Termination of existing declared emer-

Page 143 TITLE 50—WAR AND NATIONAL DEFENSE § 1601 nent involvement in hostilities is clearly indi- cated by the circumstances, against any coun- try, organization, or person pursuant to statu- tory or constitutional authorities other than Authorization for Use of Military Force, the President shall comply with the reporting re- quirements under— (1) this section to the same extent and in the same manner as if such actions had been taken under Authorization for Use of Military Force; (2) the War Powers Resolution (50 U.S.C. 1541 et seq.); and (3) any other applicable provision of law. (e) Briefings At least once during each 180-day period de- scribed in subsection (a), the President shall provide to the congressional defense commit- tees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a briefing on the matters covered by the report required under this section for such period. (Pub. L. 116–92, div. A, title XII, § 1285, Dec. 20, 2019, 133 Stat. 1709.) Editorial Notes REFERENCES IN TEXT The Authorization for Use of Military Force, referred to in text, is Pub. L. 107–40, Sept. 18, 2001, 115 Stat. 224, which is set out as a note under section 1541 of this title. The War Powers Resolution, referred to in subsec. (d)(2), is Pub. L. 93–148, Nov. 7, 1973, 87 Stat. 555, which is classified generally to this chapter. For complete classification of this Resolution to the Code, see Short Title note set out under section 1541 of this title and Tables. CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2020, and not as part of the War Powers Resolution which comprises this chapter. Statutory Notes and Related Subsidiaries ‘‘CONGRESSI

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1601

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

50 U.S.C. § 901 — Untitled legal text

Page 98 TITLE 50—WAR AND NATIONAL DEFENSE §§ 901 to 905 ch. 939, title IV, § 414, 70 Stat. 1018; Aug. 29, 1957, Pub. L. 85–215, § 2, 71 Stat. 490; Pub. L. 85–685, title VI, § 602, Aug. 20, 1958, 72 Stat. 665, related to acquisition and construction of defense facilities. See section 18233 of Title 10 and Codification note thereunder. Acts Aug. 9, 1955, ch. 662, § 1(a), (b), 69 Stat. 593; Aug. 3, 1956, ch. 939, title IV, § 414, 70 Stat. 1018; Aug. 29, 1957, Pub. L. 85–215, § 2, 71 Stat. 490, were repealed by Pub. L. 85–861, § 36A, Sept. 2, 1958, 72 Stat. 1569, 1570. Section 883, acts Sept. 11, 1950, ch. 945, § 4, 64 Stat. 830; Aug. 9, 1955, ch. 662, § 1(c)–(e), 69 Stat. 593, related to lo- cation of facilities, change of location of units, title and maintenance of facilities, and to use of Federal and State facilities. See sections 18233, 18236, and 18238 of Title 10. Act Aug. 9, 1955, ch. 662, § 1(c)–(e), 69 Stat. 593, was repealed by Pub. L. 85–861, § 36A, Sept. 2, 1958, 72 Stat. 1569. Section 884, act Sept. 11, 1950, ch. 945, § 5, 64 Stat. 831, authorized Secretary of Defense to delegate his author- ity under this chapter. See section 18233 of Title 10. Section 885, acts Sept. 11, 1950, ch. 945, § 6, 64 Stat. 831; Aug. 9, 1955, ch. 662, § 1(f), 69 Stat. 594, related to super- vision of construction, expansion, rehabilitation or conversion of facilities. See section 18237 of Title 10. Act Aug. 9, 1955, ch. 662, § 1(f), 69 Stat. 594, was repealed by Pub. L. 85–861, § 36A, Sept. 2, 1958, 72 Stat. 1569. Section 886, acts Sept. 11, 1950, ch. 945, § 7, 64 Stat. 831; Aug. 9, 1955, ch. 662, § 1(g), (h), 69 Stat. 594, defined terms used in sections 881 to 887 of this title. See sec- tion 18232 of Title 10. Act Aug. 9, 1955, ch. 662, § 1(g), (h), 69 St

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

50 U.S.C. § 961 — Untitled legal text

Page 99 TITLE 50—WAR AND NATIONAL DEFENSE §§ 1001 to 1010 Section 946, act July 9, 1952, ch. 608, pt. II, § 222, 66 Stat. 487, provided for a common Federal appointment for officers. See section 12201(a) of Title 10. Section 947, act July 9, 1952, ch. 608, pt. II, § 223, 66 Stat. 487, prescribed tenure of appointments of warrant officers. See section 12241 of Title 10. Section 948, act July 9, 1952, ch. 608, pt. II, § 224, 66 Stat. 487, provided for indefinite term of appointment, conversion of appointments and enlistments. See sec- tions 12203 and 12241 of Title 10 and note set out under section 12203 of Title 10. Section 949, act July 9, 1952, ch. 608, pt. II, § 225, 66 Stat. 488, provided for physical examinations. See sec- tion 12644 of Title 10. Section 950, act July 9, 1952, ch. 608, pt. II, § 226, 66 Stat. 488, provided for discharge or transfer of phys- ically disqualified personnel. See section 12644 of Title 10. Section 951, act July 9, 1952, ch. 608, pt. II, § 227, 66 Stat. 488, related to term of enlistment. See section 12103 of Title 10. Section 952, act July 9, 1952, ch. 608, pt. II, § 228, 66 Stat. 488, related to common Federal enlistments. See sections 12102 and 12107 of Title 10. Section 953, act July 9, 1952, ch. 608, pt. II, § 229, 66 Stat. 488, prohibited dual membership in reserve com- ponents. See section 10213 of Title 10. Section 954, act July 9, 1952, ch. 608, pt. II, § 230, 66 Stat. 489, related to enlisted personnel as officer can- didates. See section 12209 of Title 10. Section 955, act July 9, 1952, ch. 608, pt. II, § 231, 66 Stat. 489, related to age limitation for officers. Section 956, act July 9, 1952, ch. 608, pt. II, § 232, 66 Stat. 489, authorized appointment or enlistment of lim- ited-service personnel. S

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