Browse Arkansas Code titles and sections
10 U.S.C. § 12301 — Reserve components generally
Federal law — U.S. Code and appendices · legal_authorities
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.’’
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12301
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1601
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Federal law — U.S. Code and appendices · legal_authorities
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
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
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 901
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 961
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