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10 U.S.C. § 12304a — Army Reserve, Navy Reserve, Marine
Federal law — U.S. Code and appendices · legal_authorities
Page 3669
TITLE 10—ARMED FORCES
§ 12304b
essary to augment the active Armed Forces of the
United States for the effective conduct of Operation
United Assistance, which is providing support to civil-
ian-led humanitarian assistance and consequence man-
agement support related to the Ebola virus disease out-
break in West Africa. In furtherance of this operation,
under the stated authority, I hereby authorize the Sec-
retary of Defense, and the Secretary of Homeland Secu-
rity with respect to the Coast Guard when it is not op-
erating as a service in the Navy, under their respective
jurisdictions, to order to active duty any units, and
any individual members not assigned to a unit orga-
nized to serve as a unit of the Selected Reserve, or any
member in the Individual Ready Reserve mobilization
category and designated as essential under regulations
prescribed by the Secretary concerned, and to termi-
nate the service of those units and members ordered to
active duty.
This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforce-
able at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
BARACK OBAMA.
EX. ORD. NO. 13919. ORDERING THE SELECTED RESERVE OF
THE ARMED FORCES TO ACTIVE DUTY
Ex. Ord. No. 13919, Apr. 30, 2020, 85 F.R. 26591, pro-
vided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 12304 of title 10, United
States Code, and having determined that it is necessary
to augment the regular Armed Forces of the United
States for a named operational mission, specifically
the ‘‘Enhanced Department of Defense Counternarcoti
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Source file: Laws/federal/codes/united-states-code-2024/title-10/section-12304a-army-reserve-navy-reserve-marine--02d1a69735.md
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Source location: USCODE-2024-title10-subtitleE-partII-chap1209-sec12304a.pdf
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Page 3669
TITLE 10—ARMED FORCES
§ 12304b
essary to augment the active Armed Forces of the
United States for the effective conduct of Operation
United Assistance, which is providing support to civil-
ian-led humanitarian assistance and consequence man-
agement support related to the Ebola virus disease out-
break in West Africa. In furtherance of this operation,
under the stated authority, I hereby authorize the Sec-
retary of Defense, and the Secretary of Homeland Secu-
rity with respect to the Coast Guard when it is not op-
erating as a service in the Navy, under their respective
jurisdictions, to order to active duty any units, and
any individual members not assigned to a unit orga-
nized to serve as a unit of the Selected Reserve, or any
member in the Individual Ready Reserve mobilization
category and designated as essential under regulations
prescribed by the Secretary concerned, and to termi-
nate the service of those units and members ordered to
active duty.
This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforce-
able at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
BARACK OBAMA.
EX. ORD. NO. 13919. ORDERING THE SELECTED RESERVE OF
THE ARMED FORCES TO ACTIVE DUTY
Ex. Ord. No. 13919, Apr. 30, 2020, 85 F.R. 26591, pro-
vided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 12304 of title 10, United
States Code, and having determined that it is necessary
to augment the regular Armed Forces of the United
States for a named operational mission, specifically
the ‘‘Enhanced Department of Defense Counternarcotic
Operation in the Western Hemisphere,’’ I hereby order
as follows:
SECTION 1. Activation Authority. The Secretary of De-
fense is directed to order to active duty for not more
than 365 consecutive days, any units, and any indi-
vidual members not assigned to a unit organized to
serve as a unit, of the Selected Reserve under the juris-
diction of the Secretary of Defense, not to exceed 200
Selected Reservists at any one time, as he considers
necessary.
SEC. 2. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive de-
partment or agency, or head thereof; or
(ii) the functions of the Director of the Office of Man-
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of appro-
priations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforce-
able at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
DONALD J. TRUMP.
§ 12304a. Army Reserve, Navy Reserve, Marine
Corps Reserve, and Air Force Reserve: order
to active duty to provide assistance in re-
sponse to a major disaster or emergency
(a) AUTHORITY.—When a Governor requests
Federal assistance in responding to a major dis-
aster or emergency (as those terms are defined
in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5122)), the Secretary of Defense may, without
the consent of the member affected, order any
unit, and any member not assigned to a unit or-
ganized to serve as a unit, of the Army Reserve,
Navy Reserve, Marine Corps Reserve, and Air
Force Reserve to active duty for a continuous
period of not more than 120 days to respond to
the Governor’s request.
(b) EXCLUSION FROM STRENGTH LIMITATIONS.—
Members ordered to active duty under this sec-
tion shall not be counted in computing author-
ized strength of members on active duty or
members in grade under this title or any other
law.
(c) TERMINATION OF DUTY.—Whenever any unit
or member of the reserve components is ordered
to active duty under this section, the service of
all units or members so ordered to active duty
may be terminated by order of the Secretary of
Defense or law.
(Added Pub. L. 112–81, div. A, title V, § 515(a)(1),
Dec. 31, 2011, 125 Stat. 1394.)
§ 12304b. Selected Reserve: order to active duty
for preplanned missions in support of the
combatant commands
(a) AUTHORITY.—When the Secretary of a mili-
tary department determines that it is necessary
to augment the active forces for a preplanned
mission in support of a combatant command,
the Secretary may, subject to subsection (b),
order any unit of the Selected Reserve (as de-
fined in section 10143(a) of this title), without
the consent of the members, to active duty for
not more than 365 consecutive days.
(b) LIMITATIONS.—(1)(A) Except as provided
under subparagraph (B), units may be ordered to
active duty under this section only if—
(i) the manpower and associated costs of
such active duty are specifically included and
identified in the defense budget materials for
the fiscal year or years in which such units are
anticipated to be ordered to active duty; and
(ii) the budget information on such costs in-
cludes a description of the mission for which
such units are anticipated to be ordered to ac-
tive duty and the anticipated length of time of
the order of such units to active duty on an in-
voluntary basis.
(B) In the event the President’s budget is de-
livered later than April 1st in the year prior to
the year of the mobilization of one or more
units under this section, the Secretary con-
cerned may submit to Congress the information
required under subparagraph (A) in a separate
notice.
(2) Not more than 60,000 members of the re-
serve components of the armed forces may be on
active duty under this section at any one time.
(c) EXCLUSION FROM STRENGTH LIMITATIONS.—
Members ordered to active duty under this sec-
tion shall not be counted in computing author-
ized strength in members on active duty or total
number of members in grade under this title or
any other law.
(d) NOTICE TO CONGRESS.—Whenever the Sec-
retary of a military department orders any unit
of the Selected Reserve to active duty under
subsection (a), such Secretary shall submit to
Congress a report, in writing, setting forth the
circumstances necessitating the action taken
under this section and describing the antici-
pated use of such unit.
(e) TERMINATION OF DUTY.—Whenever any unit
of the Selected Reserve is ordered to active duty
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** When a Governor requests Federal assistance in responding to a major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5122](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5122&num=0&edition=prelim))), the Secretary of Defense may, without the consent of the member affected, order any unit, and any member not assigned to a unit organized to serve as a unit, of the Army Reserve, Navy Reserve, Marine Corps Reserve, and Air Force Reserve to active duty for a continuous period of not more than 120 days to respond to the Governor’s request.
**(b) Exclusion From Strength Limitations.—** Members ordered to active duty under this section shall not be counted in computing authorized strength of members on active duty or members in grade under this title or any other law.
**(c) Termination of Duty.—** Whenever any unit or member of the reserve components is ordered to active duty under this section, the service of all units or members so ordered to active duty may be terminated by order of the Secretary of Defense or law.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12304a
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
(1) **Emergency.—** — “Emergency” means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States.
(2) **Major disaster.—** — “Major disaster” means any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this chapter to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby.
(3) “United States” means the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(4) “State” means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(5) “Governor” means the chief executive of any State.
(6) **Indian tribal government.—** — The term “Indian tribal government” means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Indian Tribe List Act of 1994 ([25 U.S.C.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5122
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Federal law — U.S. Code and appendices · legal_authorities
Page 6357
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5122
2000, the President would submit to Congress a report
describing the results of the State Management of
Small Disasters Initiative, including recommendations
concerning State administration of parts of the pro-
gram.
STUDY REGARDING COST REDUCTION
Pub. L. 106–390, title II, § 209, Oct. 30, 2000, 114 Stat.
1571, as amended by Pub. L. 109–139, § 3, Dec. 22, 2005, 119
Stat. 2649, provided that: ‘‘Not later than September 30,
2007, the Director of the Congressional Budget Office
shall complete a study estimating the reduction in
Federal disaster assistance that has resulted and is
likely to result from the enactment of this Act [see
Short Title of 2000 Amendment note above].’’
STUDY OF PARTICIPATION BY INDIAN TRIBES IN
EMERGENCY MANAGEMENT
Pub. L. 106–390, title III, § 308, Oct. 30, 2000, 114 Stat.
1575, required the Director of the Federal Emergency
Management Agency to conduct a study of participa-
tion by Indian tribes in emergency management and
submit a report no later than 1 year after Oct. 30, 2000.
NATIONAL DROUGHT POLICY
Pub. L. 105–199, July 16, 1998, 112 Stat. 641, as amended
by Pub. L. 106–78, title VII, § 753, Oct. 22, 1999, 113 Stat.
1170, known as the ‘‘National Drought Policy Act of
1998’’, established the National Drought Policy Com-
mission to study and submit a report on national
drought policy and terminated the Commission 90 days
after the submission of the report.
RECOMMENDATIONS CONCERNING IMPROVEMENT OF RELA-
TIONSHIPS AMONG DISASTER MANAGEMENT OFFICIALS
Pub. L. 100–707, title I, § 110, Nov. 23, 1988, 102 Stat.
4710, provided that not later than 1 year after Nov. 23,
1988, the President was to recommend to the Congress
proposals to improve the operational and fiscal
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5122
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 5122. This identifies an authority to review, not proof of applicability.