[USC02] 10 USC Subtitle E, PART II: PERSONNEL GENERALLY
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10 USC Subtitle E, PART II: PERSONNEL GENERALLY
From Title 10—ARMED FORCESSubtitle E—Reserve Components

PART II—PERSONNEL GENERALLY

Chap.
Sec.
1201.
Authorized Strengths and Distribution in Grade
12001
1203.
Enlisted Members
12101
1205.
Appointment of Reserve Officers
12201
1207.
Warrant Officers
12241
1209.
Active Duty
12301
1211.
National Guard Members in Federal Service
12401
1213.
Special Appointments, Assignments, Details, and Duties
12501
1214.
Ready Reserve Mobilization Income Insurance
12521
1215.
Miscellaneous Prohibitions and Penalties
12551
1217.
Miscellaneous Rights and Benefits
12601
1219.
Standards and Procedures for Retention and Promotion
12641
1221.
Separation
12681
1223.
Retired Pay for Non-Regular Service
12731
1225.
Retired Grade
12771

        

Amendments

1997Pub. L. 105–85, div. A, title V, §515(b), Nov. 18, 1997, 111 Stat. 1733, substituted "12551" for "[No present sections]" in item for chapter 1215.

1996Pub. L. 104–106, div. A, title V, §512(a)(2), Feb. 10, 1996, 110 Stat. 305, added item for chapter 1214.

CHAPTER 1201—AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE

Sec.
12001.
Authorized strengths: reserve components.
12002.
Authorized strengths: Army and Air Force reserve components, exclusive of members on active duty.
12003.
Authorized strengths: commissioned officers in an active status.
12004.
Strength in grade: reserve general and flag officers in an active status.
12005.
Strength in grade: commissioned officers in grades below brigadier general or rear admiral (lower half) in an active status.
12006.
Strength limitations: authority to waive in time of war or national emergency.
12007.
Reserve officers of the Army: distribution.
12008.
Army Reserve and Air Force Reserve: warrant officers.
12009.
Army and Air Force reserve components: temporary increases.
12010.
Computations for Navy Reserve and Marine Corps Reserve: rule when fraction occurs in final result.
12011.
Authorized strengths: reserve officers on active duty or on full-time National Guard duty for administration of the reserves or the National Guard.
12012.
Authorized strengths: senior enlisted members on active duty or on full-time National Guard duty for administration of the reserves or the National Guard.

        

Amendments

2006Pub. L. 109–163, div. A, title V, §515(b)(4)(H), Jan. 6, 2006, 119 Stat. 3235, substituted "Navy Reserve" for "Naval Reserve" in item 12010.

1999Pub. L. 106–65, div. A, title X, §1066(a)(31), Oct. 5, 1999, 113 Stat. 772, inserted "in an" after "officers" in item 12003.

§12001. Authorized strengths: reserve components

(a) Whenever the authorized strength of a reserve component (other than the Coast Guard Reserve) is not prescribed by law, it shall be prescribed by the President.

(b) Subject to the authorized strength of the reserve component concerned, the authorized strength of each reserve component (other than the Coast Guard Reserve) in members in each grade is that which the Secretary concerned determines to be necessary to provide for mobilization requirements. The Secretary shall review these determinations at least once each year and revise them if he considers it necessary. However, a member of the reserve component concerned may not, as a result of such a determination, be reduced in the member's reserve grade without the member's consent.

(Added Pub. L. 103–337, div. A, title XVI, §1662(a)(1), Oct. 5, 1994, 108 Stat. 2983.)

Prior Provisions

Provisions similar to those in this section were contained in sections 3221, 3224, 5413, 5456, 8221, and 8224 of this title, prior to repeal by Pub. L. 103–337, §1662(a)(3).

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

End Strengths for Selected Reserve and for Reserves on Active Duty in Support of Reserves

Pub. L. 109–163, div. A, title IV, §§411, 412, Jan. 6, 2006, 119 Stat. 3220, 3221, which authorized end strengths for Selected Reserve personnel of the reserve components and for Reserves on active duty in support of the Reserves as of the last day of a fiscal year was from the National Defense Authorization Act for Fiscal Year 2006 and was repeated in provisions of subsequent authorization acts which are not set out in the Code. Similar provisions were contained in the following prior authorization acts:

Pub. L. 108–375, div. A, title IV, §§411, 412, Oct. 28, 2004, 118 Stat. 1864, 1865.

Pub. L. 108–136, div. A, title IV, §§411, 412, Nov. 24, 2003, 117 Stat. 1452, 1453.

Pub. L. 107–314, div. A, title IV, §§411, 412, Dec. 2, 2002, 116 Stat. 2526, 2527.

Pub. L. 107–107, div. A, title IV, §§411, 412, Dec. 28, 2001, 115 Stat. 1069, 1070.

Pub. L. 106–398, §1 [[div. A], title IV, §§411, 412], Oct. 30, 2000, 114 Stat. 1654, 1654A-93.

Pub. L. 106–65, div. A, title IV, §§411, 412, Oct. 5, 1999, 113 Stat. 585, 586.

Pub. L. 105–261, div. A, title IV, §§411, 412, Oct. 17, 1998, 112 Stat. 1997.

Pub. L. 105–85, div. A, title IV, §§411, 412, Nov. 18, 1997, 111 Stat. 1719, 1720.

Pub. L. 104–201, div. A, title IV, §§411, 412, Sept. 23, 1996, 110 Stat. 2506, 2507.

Pub. L. 104–106, div. A, title IV, §§411, 412, Feb. 10, 1996, 110 Stat. 287, 288.

Pub. L. 103–337, div. A, title IV, §§411, 412, Oct. 5, 1994, 108 Stat. 2746.

Pub. L. 103–160, div. A, title IV, §§411, 412, Nov. 30, 1993, 107 Stat. 1641, 1642.

Pub. L. 102–484, div. A, title IV, §§411, 412, Oct. 23, 1992, 106 Stat. 2399.

Pub. L. 102–190, div. A, title IV, §§411, 412, Dec. 5, 1991, 105 Stat. 1351.

Pub. L. 101–510, div. A, title IV, §§411(a)–(c), 412, Nov. 5, 1990, 104 Stat. 1546, 1547; Pub. L. 102–25, title II, §§201(a), 202, 205(a), Apr. 6, 1991, 105 Stat. 79, 80; Pub. L. 102–190, div. A, title IV, §414(e), Dec. 5, 1991, 105 Stat. 1353; Pub. L. 103–160, div. A, title V, §513, Nov. 30, 1993, 107 Stat. 1649.

Pub. L. 101–189, div. A, title IV, §§411, 412, Nov. 29, 1989, 103 Stat. 1432, as amended by Pub. L. 101–510, div. A, title IV, §411(d), Nov. 5, 1990, 104 Stat. 1547.

Pub. L. 100–456, div. A, title IV, §§411(a), 412, Sept. 29, 1988, 102 Stat. 1964.

Pub. L. 100–180, div. A, title IV, §§411, 412, Dec. 4, 1987, 101 Stat. 1082, 1083, as amended by Pub. L. 100–456, div. A, title IV, §411(b), Sept. 29, 1988, 102 Stat. 1964.

Pub. L. 99–661, div. A, title IV, §§411(a)–(c), 412(a), Nov. 14, 1986, 100 Stat. 3860, 3861.

Pub. L. 99–145, title IV, §§411, 412, Nov. 8, 1985, 99 Stat. 618, 619.

Pub. L. 98–525, title IV, §§411, 412, Oct. 19, 1984, 98 Stat. 2516, 2517.

Pub. L. 98–94, title V, §§501, 502, Sept. 24, 1983, 97 Stat. 630, 631.

Pub. L. 97–252, title V, §§501, 502, Sept. 8, 1982, 96 Stat. 726, as amended by Pub. L. 98–94, title V, §504(a), Sept. 24, 1983, 97 Stat. 631.

Pub. L. 97–86, title V, §§501, 502, Dec. 1, 1981, 95 Stat. 1107.

Pub. L. 96–342, title IV, §401, Sept. 8, 1980, 94 Stat. 1084.

Pub. L. 96–107, title IV, §401, Nov. 9, 1979, 93 Stat. 807.

Pub. L. 95–485, title IV, §401, Oct. 20, 1978, 92 Stat. 1613.

Pub. L. 95–79, title IV, §401, July 30, 1977, 91 Stat. 327.

Pub. L. 94–361, title IV, §401, July 14, 1976, 90 Stat. 926.

Pub. L. 94–106, title IV, §401, Oct. 7, 1975, 89 Stat. 532.

Pub. L. 93–365, title IV, §§401, 402, Aug. 5, 1974, 88 Stat. 402, 403.

Pub. L. 93–155, title IV, §§401, 402, Nov. 16, 1973, 87 Stat. 608.

Pub. L. 92–436, title IV, §§401, 402, Sept. 26, 1972, 86 Stat. 736.

Pub. L. 92–156, title III, §§301, 302, Nov. 17, 1971, 85 Stat. 425.

Pub. L. 91–441, title III, §§301, 302, Oct. 7, 1970, 84 Stat. 908.

Pub. L. 91–121, title III, §§301, 302, Nov. 19, 1969, 83 Stat. 206.

Pub. L. 90–500, title III, §§301, 302, Sept. 20, 1968, 82 Stat. 850.

Reserve Component Force Structure

Pub. L. 102–484, div. A, title IV, §413, Oct. 23, 1992, 106 Stat. 2400, provided that:

"(a) Requirement To Prescribe Reserve Component Force Structure.—The Secretary of each military department shall prescribe a force structure allowance for each reserve component under the jurisdiction of the Secretary. Each such force structure allowance for a reserve component—

"(1) shall be consistent with, but in no case include a number of personnel spaces that is less than, the authorized end strength for that component; and

"(2) shall be prescribed in accordance with historic service policies.

"(b) Definition.—For purposes of this section, the term 'force structure allowance' means the number and types of units and organizations, and the number of authorized personnel spaces allocated to those units and organizations, in a military force."

Limitation on Reduction in Number of Reserve Component Medical Personnel

Pub. L. 102–484, div. A, title V, §518, Oct. 23, 1992, 106 Stat. 2407, as amended by Pub. L. 103–337, div. A, title VII, §716, Oct. 5, 1994, 108 Stat. 2803, prohibited Secretary of Defense from reducing number of medical personnel in any reserve component below number of such personnel in that component on Sept. 30, 1992, unless Secretary certified to Congress that number of such personnel to be reduced in particular military department was excess to current and projected needs for personnel in Selected Reserve of that department, and required that assessment of such needs be consistent with wartime requirements for Selected Reserve personnel identified in final report on comprehensive study of military medical care system prepared pursuant to section 733 of Pub. L. 102–190, formerly set out as a note under section 1071 of this title, prior to repeal by Pub. L. 104–106, div. A, title V, §564(d)(3), Feb. 10, 1996, 110 Stat. 327.

Program for Active Component Support of Reserves

Pub. L. 108–375, div. A, title V, §515(b)–(d), Oct. 28, 2004, 118 Stat. 1883, 1884, prohibited the Secretary of the Army from reducing the number of active component Reserve support personnel below the number of such personnel as of Oct. 28, 2004, until the Secretary of the Army submitted to the Committees on Armed Services of the Senate and House of Representatives, not later than Mar. 31, 2005, a report on the support by active components of the Army for training and readiness of the Army National Guard and Army Reserve.

Pub. L. 103–160, div. A, title V, §517(b), Nov. 30, 1993, 107 Stat. 1651, provided that:

"(1) The Secretary of the Army shall include in the annual report of the Secretary to Congress known as the Army Posture Statement a presentation relating to the implementation of the Pilot Program for Active Component Support of the Reserves under section 414 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; [former] 10 U.S.C. 261 note [now set out below]), as amended by subsection (a).

"(2) Each such presentation shall include, with respect to the period covered by the report, the following information:

"(A) The promotion rate for officers considered for promotion from within the promotion zone who are serving as active component advisers to units of the Selected Reserve of the Ready Reserve (in accordance with that program) compared with the promotion rate for other officers considered for promotion from within the promotion zone in the same pay grade and the same competitive category, shown for all officers of the Army.

"(B) The promotion rate for officers considered for promotion from below the promotion zone who are serving as active component advisers to units of the Selected Reserve of the Ready Reserve (in accordance with that program) compared in the same manner as specified in subparagraph (A)."

Pub. L. 102–190, div. A, title IV, §414(a)–(d), Dec. 5, 1991, 105 Stat. 1352, 1353, as amended by Pub. L. 102–484, div. A, title V, §511(b), title XI, §1132, Oct. 23, 1992, 106 Stat. 2405, 2541; Pub. L. 103–160, div. A, title V, §517(a), Nov. 30, 1993, 107 Stat. 1650; Pub. L. 103–337, div. A, title IV, §413, Oct. 5, 1994, 108 Stat. 2747; Pub. L. 104–106, div. A, title IV, §413, Feb. 10, 1996, 110 Stat. 288; Pub. L. 104–201, div. A, title V, §545(b), Sept. 23, 1996, 110 Stat. 2524; Pub. L. 106–65, div. A, title X, §1066(d)(2), Oct. 5, 1999, 113 Stat. 773; Pub. L. 108–375, div. A, title V, §515(a), Oct. 28, 2004, 118 Stat. 1883, provided that:

"(a) Program Required.—The Secretary of the Army shall carry out a program to provide active component advisers to combat units, combat support units, and combat service support units in the Selected Reserve of the Ready Reserve that have a high priority for deployment on a time-phased troop deployment list or have another contingent high priority for deployment. The advisers shall be assigned to full-time duty in connection with organizing, administering, recruiting, instructing, or training such units.

"(b) Objectives of Program.—The objectives of the program are as follows:

"(1) To improve the readiness of units in the reserve components of the Army.

"(2) To increase substantially the number of active component personnel directly advising reserve component unit personnel.

"(3) To provide a basis for determining the most effective mix of reserve component personnel and active component personnel in organizing, administering, recruiting, instructing, or training reserve component units.

"(4) To provide a basis for determining the most effective mix of active component officer and enlisted personnel in advising reserve component units regarding organizing, administering, recruiting, instructing, or training reserve component units.

"(c) Personnel To Be Assigned.—(1) The Secretary shall assign not less than 3,500 active component personnel to serve as advisers under the program.

"(2) The Secretary of Defense may count toward the number of active component personnel required under paragraph (1) to be assigned to serve as advisers under the program under this section any active component personnel who are assigned to an active component unit (A) that was established principally for the purpose of providing dedicated training support to reserve component units, and (B) the primary mission of which is to provide such dedicated training support.

"(d) Action on the Basis of Program Results.—Based on the experience under the pilot program, the Secretary of the Army shall by April 1, 1993, submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the Secretary's evaluation of the program to that date. As part of the budget submission for fiscal year 1995, the Secretary shall submit any recommendations for expansion or modification of the program, together with a proposal for any statutory changes that the Secretary considers necessary to implement the program on a permanent basis. In no case may the number of active duty personnel assigned to the program decrease below the number specified for the pilot program."

Reserve Forces Readiness

Pub. L. 98–525, title V, §552(a)–(e), (g), Oct. 19, 1984, 98 Stat. 2530, as amended by Pub. L. 103–337, div. A, title XVI, §1661(a)(3)(B), Oct. 5, 1994, 108 Stat. 2980, provided that:

"(a)(1) The Secretary of Defense shall conduct a review of the various systems used to measure the readiness of reserve units of the Armed Forces and shall implement a measurement system for the active and reserve components of the Armed Forces to provide an objective and uniform evaluation of the readiness of all units of the Armed Forces. The measurement system should be designed to produce information adequate to provide comparisons concerning the readiness of all units. The system for evaluation of the readiness of a unit of an active component should incorporate the performance of any unit of a reserve component affiliated with the active component unit, including the effect of the reserve component unit on the mobilization capability of the active component unit.

"(2) Not later than March 31, 1985, the Secretary shall submit a report to the Committees on Armed Services of the Senate and House of Representatives describing the results of the review under paragraph (1) and the measurement system implemented in accordance with that paragraph.

"(b)(1) The Secretary of Defense, acting through the Assistant Secretary of Defense for Reserve Affairs [now Assistant Secretary of Defense for Manpower and Reserve Affairs], shall conduct a study to evaluate the feasibility of allocating equipment to units of reserve components based on a measure of effectiveness of such units. The study should consider the effects of allocating equipment by comparing units with similar deployment times and similar capabilities in terms of training and equipment rather than by comparing all reserve component units with each other. The study should be integrated with an evaluation of the system for measuring unit effectiveness to be implemented in accordance with subsection (a).

"(2) As part of the report under subsection (a)(2), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the study carried out under paragraph (1).

"(c) It is the sense of Congress that the number of members of the Army Reserve and of the Army National Guard assigned to full-time manning duty should be increased to 14 percent of the total membership of the Army Reserve and of the Army National Guard, respectively, by fiscal year 1989.

"(d)(1)(A) The Secretary of Defense, acting through the Assistant Secretary of Defense for Reserve Affairs [now Assistant Secretary of Defense for Manpower and Reserve Affairs], shall conduct a study of the benefits of a longer training program for certain units of the reserve components and shall conduct a test of such a program. The test program should begin at the earliest realistic date.

"(B) In developing training programs for the reserve components, the Secretary shall give increased attention to innovative training technologies, techniques, and schedules that recognize the limitations on time and the geographic dispersion of the reserve components.

"(2) Not later than March 31, 1985, the Secretary shall submit a report to the Committees on Armed Services of the Senate and House of Representatives describing the study under paragraph (1).

"(e) [Repealed. Pub. L. 103–337, div. A, title XVI, §1661(a)(3)(B), Oct. 5, 1994, 108 Stat. 2980.]

"(g) This section does not apply to the Coast Guard."

§12002. Authorized strengths: Army and Air Force reserve components, exclusive of members on active duty

(a) The authorized strengths of the National Guard and the reserve components of the Army and the Air Force, exclusive of members who are included in the strengths authorized for members of the Army and Air Force, respectively, on active duty, are as follows:


 
  
Army National Guard and the Army National Guard of the United States 600,000  
Army Reserve 980,000  
Air National Guard and the Air National Guard of the United States 150,000  
Air Force Reserve 500,000.

(b) The strength authorized by this section for the Army National Guard and the Army National Guard of the United States, and the strength authorized by this section for the Air National Guard and the Air National Guard of the United States, shall be allocated among the States.

(Added Pub. L. 103–337, div. A, title XVI, §1662(a)(1), Oct. 5, 1994, 108 Stat. 2983.)

Prior Provisions

Provisions similar to those in this section were contained in sections 3222, 3225, 8222, and 8225 of this title, prior to repeal by Pub. L. 103–337, §1662(a)(3).

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

§12003. Authorized strengths: commissioned officers in an active status

(a) The authorized strengths of the Army, Navy, Air Force, and Marine Corps in reserve commissioned officers, other than commissioned warrant officers and officers on an active-duty list, in an active status are as follows:


 
  
Army 275,000  
Air Force 200,000  
Navy 150,000  
Marine Corps 24,500.

(b) The authorized strengths prescribed by subsection (a) may not be exceeded unless—

(1) the Secretary concerned determines that a greater number is necessary for planned mobilization requirements; or

(2) the excess results directly from the operation of a nondiscretionary provision of law.

(Added Pub. L. 103–337, div. A, title XVI, §1662(a)(1), Oct. 5, 1994, 108 Stat. 2984.)

Prior Provisions

Provisions similar to those in this section were contained in sections 3217, 5414, and 8217 of this title, prior to repeal by Pub. L. 103–337, §1662(a)(3).

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

§12004. Strength in grade: reserve general and flag officers in an active status

(a) The authorized strengths of the Army, Air Force, and Marine Corps in reserve general officers in an active status, and the authorized strength of the Navy in reserve officers in the grades of rear admiral (lower half) and rear admiral in an active status, are as follows:


 
  
Army 207  
Air Force 157  
Navy 48  
Marine Corps 10.

(b) The following Army and Air Force reserve officers shall not be counted for purposes of this section:

(1) Those serving as adjutants general or assistant adjutants general of a State.

(2) Those serving in the National Guard Bureau.

(3) Those counted under section 526 of this title.

(4) Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who may be excluded under this paragraph may not exceed the number equal to 20 percent of the number of officers authorized for the armed force concerned by subsection (a).


(c)(1) The following Navy reserve officers shall not be counted for purposes of this section:

(A) Those counted under section 526 of this title.

(B) Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who may be excluded under this paragraph may not exceed the number equal to 20 percent of the number of officers authorized for the Navy in subsection (a).


(2) Not more than 50 percent of the officers in an active status authorized under this section for the Navy may serve in the grade of rear admiral.

(d) The following Marine Corps reserve officers shall not be counted for purposes of this section:

(1) Those counted under section 526 of this title.

(2) Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who may be excluded under this paragraph may not exceed the number equal to 20 percent of the number of officers authorized for the Marine Corps in subsection (a).

(e)(1) A reserve general officer of the Army or Air Force may not be reduced in grade because of a reduction in the number of general officers authorized under subsection (a).

(2) An officer of the Navy Reserve or the Marine Corps Reserve may not be reduced in permanent grade because of a reduction in the number authorized by this section for his grade.

(f) The limitations in subsection (a) do not apply to an officer released from a joint duty assignment or other non-joint active duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty or other active duty assignment. The Secretary of Defense may authorize the Secretary of a military department to extend the 60-day period by an additional 120 days, except that not more than three officers in an active status from each reserve component may be covered by an extension under this sentence at the same time.

(Added Pub. L. 103–337, div. A, title XVI, §1662(a)(1), Oct. 5, 1994, 108 Stat. 2984; amended Pub. L. 104–106, div. A, title XV, §1501(b)(9), Feb. 10, 1996, 110 Stat. 496; Pub. L. 105–261, div. A, title IV, §415, Oct. 17, 1998, 112 Stat. 1998; Pub. L. 109–163, div. A, title V, §§512, 515(b)(1)(EE), Jan. 6, 2006, 119 Stat. 3232, 3233; Pub. L. 110–417, [div. A], title V, §526, Oct. 14, 2008, 122 Stat. 4448; Pub. L. 111–84, div. A, title V, §502(h), Oct. 28, 2009, 123 Stat. 2276; Pub. L. 111–383, div. A, title V, §511, Jan. 7, 2011, 124 Stat. 4210.)

Prior Provisions

Provisions similar to those in this section were contained in sections 3218, 5457(a), 5458(a), and 8218 of this title, prior to repeal by Pub. L. 103–337, §1662(a)(3).

Amendments

2011—Subsec. (c)(2) to (5). Pub. L. 111–383 redesignated par. (4) as (2) and struck out former pars. (2), (3), and (5). Former pars. (2) and (3) specified the distribution of Navy reserve officers authorized by subsection (a), and former par. (5) specified the Medical Department staff corps for purposes of par. (1).

2009—Subsec. (f). Pub. L. 111–84 added subsec. (f).

2008—Subsec. (b)(4). Pub. L. 110–417, §526(a), added par. (4).

Subsec. (c). Pub. L. 110–417, §526(b), added par. (1), redesignated former pars. (1) to (4) as (2) to (5), respectively, and in introductory provisions of par. (2) substituted "Of the number of Navy reserve officers authorized by subsection (a), 40 are distributed among the line and staff corps as follows:" for "The authorized strength of the Navy under subsection (a) is exclusive of officers counted under section 526 of this title. Of the number authorized under subsection (a), 40 are distributed among the line and the staff corps as follows:".

Subsec. (d). Pub. L. 110–417, §526(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "The authorized strength of the Marine Corps under subsection (a) is exclusive of those counted under section 526 of this title."

2006—Subsec. (c)(1). Pub. L. 109–163, §512(a), (b), (d), substituted "40" for "39" in introductory provisions and "33" for "28" and "5" for "9" in table.

Subsec. (c)(2)(A). Pub. L. 109–163, §512(c), substituted "six" for "seven".

Subsec. (e)(2). Pub. L. 109–163, §515(b)(1)(EE), substituted "Navy Reserve" for "Naval Reserve".

1998—Subsec. (c)(1). Pub. L. 105–261, §415(1), in table, inserted item relating to Medical Department staff corps and struck out items relating to Medical Corps, Dental Corps, Nurse Corps, and Medical Service Corps.

Subsec. (c)(4). Pub. L. 105–261, §415(2), added par. (4).

1996—Subsec. (a). Pub. L. 104–106 substituted "active status, are" for "active-status, are".

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

§12005. Strength in grade: commissioned officers in grades below brigadier general or rear admiral (lower half) in an active status

(a)(1) Subject to paragraph (2), the authorized strength of the Army and the Air Force in reserve commissioned officers in an active status in each grade named in paragraph (2) is as prescribed by the Secretary of the Army or the Secretary of the Air Force, respectively. A vacancy in any grade may be filled by an authorized appointment in any lower grade.

(2) A strength prescribed by the Secretary concerned under paragraph (1) for a grade may not be higher than the percentage of the strength authorized for the Army or the Air Force, as the case may be, under section 12003 of this title that is specified for that grade as follows:

 
GradeArmy percentageAir Force percentage
Colonel 2 1.8
Lieutenant colonel 6 4.6
Major 13 14.0
Captain 35 32.0
First lieutenant and second lieutenant (when combined with the number authorized for general officer grades under section 12004 of this title) 44 47.6

(3) Medical officers and dental officers shall not be counted for the purposes of this subsection.

(b)(1) The authorized strengths of the Navy Reserve in line officers in an active status in the grades of captain, commander, lieutenant commander, and lieutenant, and in the grades of lieutenant (junior grade) and ensign combined, are the following percentages of the total authorized number of those officers:

 
  
Captain 1.5 percent  
Commander 7   percent  
Lieutenant commander 22   percent  
Lieutenant 37   percent  
Lieutenant (junior grade) and ensign (when combined with the number authorized for flag officer grades under section 12004 of this title) 32.5 percent.

(2) When the actual number of line officers in an active status in any grade is less than the number authorized by paragraph (1) for that grade, the difference may be applied to increase the number authorized by that paragraph for any lower grade or grades.

(c)(1) The authorized strengths of the Marine Corps Reserve in officers in an active status in the grades of colonel, lieutenant colonel, major, and captain, and in the grades of first lieutenant and second lieutenant combined, are the following percentages of the total authorized number of those officers:

 
  
Colonel 2 percent  
Lieutenant colonel 8 percent  
Major 16 percent  
Captain 39 percent  
First lieutenant and second lieutenant (when combined with the number authorized for general officer grades under section 12004 of this title) 35 percent.

(2) When the actual number of officers in an active status in any grade is less than the number authorized by paragraph (1) for that grade, the difference may be applied to increase the number authorized by that paragraph for any lower grade or grades.

(d)(1) An officer of the Army or Air Force may not be reduced in grade because of a reduction in the number of commissioned officers authorized for the officer's grade under this section.

(2) An officer of the Navy Reserve or the Marine Corps Reserve may not be reduced in permanent grade because of a reduction in the number authorized by this section for his grade.

(Added Pub. L. 103–337, div. A, title XVI, §1662(a)(1), Oct. 5, 1994, 108 Stat. 2985; amended Pub. L. 106–398, §1 [[div. A], title IV, §423], Oct. 30, 2000, 114 Stat. 1654, 1654A-96; Pub. L. 108–375, div. A, title V, §504, Oct. 28, 2004, 118 Stat. 1875; Pub. L. 109–163, div. A, title V, §515(b)(1)(FF), Jan. 6, 2006, 119 Stat. 3233.)

Prior Provisions

Provisions similar to those in this section were contained in sections 3219, 5457(b)–(d), 5458(b)–(d), and 8219 of this title, prior to repeal by Pub. L. 103–337, §1662(a)(3).

Amendments

2006—Subsec. (b)(1). Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve" in introductory provisions.

Subsec. (d)(2). Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve".

2004—Subsec. (c)(1). Pub. L. 108–375 amended table generally, increasing percentages of authorized number of officers in grades other than colonel.

2000—Subsec. (a)(3). Pub. L. 106–398 added par. (3).

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

§12006. Strength limitations: authority to waive in time of war or national emergency

(a) In time of war, or of national emergency declared by Congress or the President, the President may suspend the operation of any provision of section 12003, 12004, or 12005 of this title. So long as any such war or national emergency continues, any such suspension may be extended by the President.

(b) Any suspension under subsection (a) shall, if not sooner ended, end on the last day of the two-year period beginning on the date on which the suspension (or the last extension thereof) takes effect or on the last day of the one-year period beginning on the date of the termination of the war or national emergency, whichever occurs first. With respect to the end of any such suspension, the preceding sentence supersedes the provisions of title II of the National Emergencies Act (50 U.S.C. 1621, 1622) which provide that powers or authorities exercised by reason of a national emergency shall cease to be exercised after the date of termination of the emergency.

(Added Pub. L. 103–337, div. A, title XVI, §1662(a)(1), Oct. 5, 1994, 108 Stat. 2986.)

References in Text

The National Emergencies Act, referred to in subsec. (b), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, as amended. Title II of the Act is classified generally to subchapter II (§1621 et seq.) of chapter 34 of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Tables.

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

Delegation of Authority

Authority of President under this section as invoked by sections 2 and 3 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, as amended, delegated to Secretary of Defense by section 4 of Ex. Ord. No. 13223, set out as a note under section 12302 of this title.

§12007. Reserve officers of the Army: distribution

The Secretary of the Army shall distribute the number of reserve commissioned officers, other than commissioned warrant officers, authorized in each commissioned grade between those assigned to reserve units organized to serve as units and those not assigned to such units. The Secretary shall distribute the number who are assigned to reserve units organized to serve as units among the units of each reserve component by prescribing appropriate tables of organization and tables of distribution. The Secretary shall distribute the number who are not assigned to such units between—

(1) each special branch; and

(2) all other branches taken together.

(Added Pub. L. 103–337, div. A, title XVI, §1662(a)(1), Oct. 5, 1994, 108 Stat. 2986.)

Prior Provisions

Provisions similar to those in this section were contained in section 3220 of this title, prior to repeal by Pub. L. 103–337, §1662(a)(3).

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

§12008. Army Reserve and Air Force Reserve: warrant officers

The Secretary of the Army may prescribe the authorized strength of the Army Reserve in warrant officers. The Secretary of the Air Force may prescribe the authorized strength of the Air Force Reserve in warrant officers.

(Added Pub. L. 103–337, div. A, title XVI, §1662(a)(1), Oct. 5, 1994, 108 Stat. 2987.)

Prior Provisions

Provisions similar to those in this section were contained in sections 3223 and 8223 of this title, prior to repeal by Pub. L. 103–337, §1662(a)(3).

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

§12009. Army and Air Force reserve components: temporary increases

(a) The authorized strength in any reserve grade, as prescribed under this chapter, for any reserve component under the jurisdiction of the Secretary of the Army or the Secretary of the Air Force is automatically increased to the minimum extent necessary to give effect to each appointment made in that grade under section 1211(a), 7036, 14304(b), 14314, or 14317 of this title.

(b) An authorized strength so increased is increased for no other purpose. While an officer holds that grade, the officer whose appointment caused the increase is counted for the purpose of determining when other appointments, not under those sections, may be made in that grade.

(Added Pub. L. 103–337, div. A, title XVI, §1662(a)(1), Oct. 5, 1994, 108 Stat. 2987; amended Pub. L. 115–232, div. A, title VIII, §809(a), Aug. 13, 2018, 132 Stat. 1840.)

Prior Provisions

Provisions similar to those in this section were contained in sections 3212 and 8212 of this title, prior to repeal by Pub. L. 103–337, §1662(a)(3).

Amendments

2018—Subsec. (a). Pub. L. 115–232 substituted "section 1211(a), 7036," for "section 1211(a), 3036,".

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

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

§12010. Computations for Navy Reserve and Marine Corps Reserve: rule when fraction occurs in final result

When there is a fraction in the final result of any computation under this chapter for the Navy Reserve or the Marine Corps Reserve, a fraction of one-half or more is counted as one, and a fraction of less than one-half is disregarded.

(Added Pub. L. 103–337, div. A, title XVI, §1662(a)(1), Oct. 5, 1994, 108 Stat. 2987; amended Pub. L. 109–163, div. A, title V, §515(b)(1)(GG), (3)(I), Jan. 6, 2006, 119 Stat. 3233, 3234.)

Prior Provisions

Provisions similar to those in this section were contained in section 5454 of this title, prior to repeal by Pub. L. 103–337, §1662(a)(3).

Amendments

2006Pub. L. 109–163, §515(b)(3)(I), substituted "Navy Reserve" for "Naval Reserve" in section catchline.

Pub. L. 109–163, §515(b)(1)(GG), substituted "Navy Reserve" for "Naval Reserve" in text.

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

§12011. Authorized strengths: reserve officers on active duty or on full-time National Guard duty for administration of the reserves or the National Guard

(a) Limitations.—(1) Of the total number of members of a reserve component who are serving on full-time reserve component duty at the end of any fiscal year, the number of those members who may be serving in each of the grades of major, lieutenant colonel, and colonel may not, as of the end of that fiscal year, exceed the number determined in accordance with the following table:

 
Total number of members of a reserve component serving on full-time reserve component duty:Number of officers of that reserve component who may be serving in the grade of:
MajorLieutenant ColonelColonel
Army Reserve:
10,000 1,390 740 230  
11,000 1,529 803 242  
12,000 1,668 864 252  
13,000 1,804 924 262  
14,000 1,940 984 272  
15,000 2,075 1,044 282  
16,000 2,210 1,104 291  
17,000 2,345 1,164 300  
18,000 2,479 1,223 309  
19,000 2,613 1,282 318  
20,000 2,747 1,341 327  
21,000 2,877 1,400 336  
 
Army National Guard:
20,000 1,500 850 325  
22,000 1,650 930 350  
24,000 1,790 1,010 378  
26,000 1,930 1,085 395  
28,000 2,070 1,168 420  
30,000 2,200 1,245 445  
32,000 2,330 1,315 460  
34,000 2,450 1,385 470  
36,000 2,570 1,455 480  
38,000 2,670 1,527 490  
40,000 2,770 1,590 500  
42,000 2,837 1,655 505  
 
Marine Corps Reserve:
1,000 99 63 20  
1,200 103 67 21  
1,300 107 70 22  
1,400 111 73 23  
1,500 114 76 24  
1,600 117 79 25  
1,700 120 82 26  
1,800 123 85 27  
1,900 126 88 28  
2,000 129 91 29  
2,100 132 94 30  
2,200 134 97 31  
2,300 136 100 32  
2,400 143 105 34  
2,500 149 109 35  
2,600 155 113 36  
2,700 161 118 37  
2,800 167 122 39  
2,900 173 126 41  
3,000 179 130 42  
 
Air Force Reserve
1,000 166 170 100  
1,500 245 251 143  
2,000 322 330 182  
2,500 396 406 216  
3,000 467 479 246  
3,500 536 550 271  
4,000 602 618 292  
4,500 665 683 308  
5,000 726 746 320  
5,500 784 806 325  
6,000 840 864 327  
7,000 962 990 347  
8,000 1,087 1,110 356  
10,000 1,322 1,362 395  
 
Air National Guard:
10,000 763 745 333  
12,000 915 923 377  
14,000 1,065 1,057 402  
16,000 1,211 1,185 426  
18,000 1,347 1,313 450  
20,000 1,463 1,440 468  
22,000 1,606 1,569 494  
24,000 1,739 1,697 517  
26,000 1,872 1,825 539  
28,000 2,005 1,954 562  
30,000 2,138 2,082 585  
32,000 2,271 2,210 608  
34,000 2,404 2,338 630  
36,000 2,537 2,466 653  
38,000 2,670 2,595 676  
40,000 2,803 2,723 698  

(2) Of the total number of members of the Navy Reserve who are serving on full-time reserve component duty at the end of any fiscal year, the number of those members who may be serving in each of the grades of lieutenant commander, commander, and captain may not, as of the end of that fiscal year, exceed the number determined in accordance with the following table:

 
Total number of members of Navy Reserve serving on full-time reserve component duty:Number of officers who may be serving in the grade of:
Lieutenant commanderCommanderCaptain
10,000 807 447 141  
11,000 867 467 153  
12,000 924 485 163  
13,000 980 503 173  
14,000 1,035 521 183  
15,000 1,088 538 193  
16,000 1,142 555 203  
17,000 1,195 565 213  
18,000 1,246 575 223  
19,000 1,291 585 233  
20,000 1,334 595 242  
21,000 1,364 603 250  
22,000 1,384 610 258  
23,000 1,400 615 265  
24,000 1,410 620 270.

(b) Determinations by Interpolation.—If the total number of members of a reserve component serving on full-time reserve component duty is between any two consecutive numbers in the first column of the appropriate table in paragraph (1) or (2) of subsection (a), the corresponding authorized strengths for each of the grades shown in that table for that component are determined by mathematical interpolation between the respective numbers of the two strengths. If the total number of members of a reserve component serving on full-time reserve component duty is more or less than the highest or lowest number, respectively, set forth in the first column of the appropriate table in paragraph (1) or (2) of subsection (a), the Secretary concerned shall fix the corresponding strengths for the grades shown in that table at the same proportion as is reflected in the nearest limit shown in the table.

(c) Reallocations to Lower Grades.—Whenever the number of officers serving in any grade for duty described in subsection (a) is less than the number authorized for that grade under this section, the difference between the two numbers may be applied to increase the number authorized under this section for any lower grade.

(d) Secretarial Waiver.—(1) Upon determining that it is in the national interest to do so, the Secretary of Defense may increase for a particular fiscal year the number of reserve officers that may be on full-time reserve component duty for a reserve component in a grade referred to in a table in subsection (a) by a number that does not exceed the number equal to 5 percent of the maximum number specified for the grade in that table.

(2) Whenever the Secretary exercises the authority provided in paragraph (1), the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives notice in writing of the adjustment made.

(e) Full-Time Reserve Component Duty Defined.—In this section, the term "full-time reserve component duty" means the following duty:

(1) Active duty described in sections 10211, 10302, 10303, 10304, 10305, 12310, or 12402 of this title.

(2) Full-time National Guard duty (other than for training) under section 502(f) of title 32, except for duty under section 115(b)(1)(B) and (C) of this title and section 115(i)(9) of this title.

(3) Active duty described in section 708 of title 32.

(Added Pub. L. 96–513, title I, §103, Dec. 12, 1980, 94 Stat. 2844, §524; amended Pub. L. 97–86, title V, §503(b), Dec. 1, 1981, 95 Stat. 1108; Pub. L. 97–252, title V, §503(b), Sept. 8, 1982, 96 Stat. 727; Pub. L. 98–94, title V, §503(b), Sept. 24, 1983, 97 Stat. 631; Pub. L. 98–525, title IV, §§413(b), 414(a)(4)(A), (B)(i), Oct. 19, 1984, 98 Stat. 2518, 2519; Pub. L. 99–145, title IV, §413(b), Nov. 8, 1985, 99 Stat. 619; Pub. L. 100–180, div. A, title IV, §413(b), Dec. 4, 1987, 101 Stat. 1083; Pub. L. 101–189, div. A, title IV, §413(b), Nov. 29, 1989, 103 Stat. 1433; Pub. L. 102–190, div. A, title IV, §413(b), Dec. 5, 1991, 105 Stat. 1352; Pub. L. 103–160, div. A, title IV, §413(b), Nov. 30, 1993, 107 Stat. 1642; renumbered §12011 and amended Pub. L. 103–337, div. A, title XVI, §1662(a)(2), Oct. 5, 1994, 108 Stat. 2988; Pub. L. 104–106, div. A, title IV, §414(a), Feb. 10, 1996, 110 Stat. 288; Pub. L. 105–261, div. A, title IV, §414(a), Oct. 17, 1998, 112 Stat. 1998; Pub. L. 106–65, div. A, title IV, §414(a), Oct. 5, 1999, 113 Stat. 586; Pub. L. 106–398, §1 [[div. A], title IV, §§415(a), 421(b), 424(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-94 to 1654A-96; Pub. L. 107–107, div. A, title IV, §415(a), Dec. 28, 2001, 115 Stat. 1070; Pub. L. 108–375, div. A, title IV, §416(h), Oct. 28, 2004, 118 Stat. 1869; Pub. L. 109–163, div. A, title V, §515(b)(1)(HH), Jan. 6, 2006, 119 Stat. 3233; Pub. L. 110–417, [div. A], title V, §512(a), (b), Oct. 14, 2008, 122 Stat. 4439, 4440; Pub. L. 115–232, div. A, title V, §515(a), Aug. 13, 2018, 132 Stat. 1752; Pub. L. 116–92, div. A, title IV, §§415(a), 416(a), Dec. 20, 2019, 133 Stat. 1337, 1338.)

Amendments

2019—Subsec. (a)(1). Pub. L. 116–92 inserted sections of table relating to the Marine Corps Reserve and Air Force Reserve and struck out corresponding former sections.

2018—Subsec. (a)(1). Pub. L. 115–232 inserted section of table relating to the Air National Guard and struck out corresponding former section.

2008—Subsec. (a)(1). Pub. L. 110–417 inserted sections of table relating to the Army National Guard, Marine Corps Reserve, and Air National Guard, and struck out corresponding former sections.

2006—Subsec. (a)(2). Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve" in introductory provisions and table.

2004—Subsec. (e)(2). Pub. L. 108–375 amended par. (2) generally. Prior to amendment, par. (2) read as follows: "Full-time National Guard duty (other than for training) under section 502(f) of title 32."

2001—Subsec. (a). Pub. L. 107–107 inserted heading and amended text of subsec. (a) generally. Prior to amendment, text consisted of table setting out maximum number of reserve officers of the Army, Air Force, and Marine Corps who may be on active duty or full-time National Guard duty in each of the grades of major, lieutenant colonel, and colonel, and of the Navy who may be on active duty in each of the grades of lieutenant commander, commander, and captain.

Subsec. (b). Pub. L. 107–107 inserted heading and amended text of subsec. (b) generally. Prior to amendment, text read as follows: "Whenever the number of officers serving in any grade is less than the number authorized for that grade under this section, the difference between the two numbers may be applied to increase the number authorized under this section for any lower grade."

Subsec. (c). Pub. L. 107–107 inserted heading and amended text of subsec. (c) generally. Prior to amendment, text read as follows: "Whenever under section 527 of this title the President may suspend the operation of any provision of section 523, 525, or 526 of this title, the Secretary of Defense may suspend the operation of any provision of this section. Any such suspension shall, if not sooner ended, end in the manner specified in section 527 for a suspension under that section."

Subsec. (d). Pub. L. 107–107 inserted heading and amended text of subsec. (d) generally. Prior to amendment, text read as follows: "Upon increasing under subsection (c)(2) of section 115 of this title the end strength that is authorized under subsection (a)(1)(B) of that section for a fiscal year for active-duty personnel and full-time National Guard duty personnel of an armed force who are to be paid from funds appropriated for reserve personnel, the Secretary of Defense may increase for that fiscal year the limitation that is set forth in subsection (a) of this section for the number of officers of that armed force serving in any grade if the Secretary determines that such action is in the national interest. The percent of the increase may not exceed the percent by which the Secretary increases that end strength."

Subsec. (e). Pub. L. 107–107 added subsec. (e).

2000—Subsec. (a). Pub. L. 106–398, §1 [[div. A], title IV, §415(a)], amended table generally, increasing the fiscal year limitation on number of reserve officers in the Army in grade of Major or Lieutenant Commander from 3,227 to 3,316, in grade of Lieutenant Colonel or Commander from 1,611 to 1,759, and in grade of Colonel or Navy Captain from 471 to 529, and in the Air Force in grade of Major or Lieutenant Commander from 860 to 948, in grade of Lieutenant Colonel or Commander from 777 to 852, and in grade of Colonel or Navy Captain from 297 to 317.

Subsec. (c). Pub. L. 106–398, §1 [[div. A], title IV, §421(b)], added subsec. (c).

Subsec. (d). Pub. L. 106–398, §1 [[div. A], title IV, §424(a)], added subsec. (d).

1999—Subsec. (a). Pub. L. 106–65 amended table generally, increasing the fiscal year limitation on number of reserve officers in the Army in grade of Major or Lieutenant Commander from 3,219 to 3,227, in grade of Lieutenant Colonel or Commander from 1,524 to 1,611, and in grade of Colonel or Navy Captain from 438 to 471, and in the Air Force in grade of Major or Lieutenant Commander from 791 to 860 and in grade of Lieutenant Colonel or Commander from 713 to 777.

1998—Subsec. (a). Pub. L. 105–261, in table, increased fiscal year limitation on number of reserve officers in the Army in grade of Colonel or Navy Captain from 412 to 438 and in the Air Force in grade of Major or Lieutenant Commander from 643 to 791, in grade of Lieutenant Colonel or Commander from 672 to 713, and in grade of Colonel or Navy Captain from 274 to 297.

1996—Subsec. (a). Pub. L. 104–106, in table, increased fiscal year limitation on number of reserve officers in the Army in grade of Colonel or Navy Captain from 372 to 412, in the Air Force in grade of Major or Lieutenant Commander from 575 to 643 and in grade of Lieutenant Colonel or Commander from 636 to 672, and in the Marine Corps in grade of Major or Lieutenant Commander from 110 to 140, in grade of Lieutenant Colonel or Commander from 75 to 90, and in grade of Colonel or Navy Captain from 25 to 30. All other figures remained unchanged.

1994Pub. L. 103–337 renumbered section 524 of this title as this section and amended section catchline generally striking out at end "in grades of major, lieutenant colonel, and colonel and Navy grades of lieutenant commander, commander, and captain".

1993—Subsec. (a). Pub. L. 103–160, in table, increased fiscal year limitation on number of reserve officers in the Air Force in grade of Lieutenant Colonel or Commander from 595 to 636 and in grade of Colonel or Navy Captain from 227 to 274. Army, Navy, and Marine Corps figures remained unchanged.

1991—Subsec. (a). Pub. L. 102–190, in table, increased fiscal year limitation on number of reserve officers in the Army in grade of Colonel or Navy Captain from 364 to 372, and increased such limitation on number of reserve officers in the Air Force in grade of Lieutenant Colonel or Commander from 532 to 595 and in grade of Colonel or Navy Captain from 194 to 227. Navy and Marine Corps figures remained unchanged.

1989—Subsec. (a). Pub. L. 101–189, §413(b)(2), in table, increased fiscal year limitation on number of reserve officers in grade of Major or Lieutenant Commander, Lieutenant Colonel or Commander, and Colonel or Navy Captain who may be on active duty to, respectively: Army, to 3,219, 1,524, and 364 from 3,030, 1,448, and 351; Navy, to 1,071, 520, and 188 from 1,065, 520, and 188; Air Force, to 575, 532, and 194 from 575, 476, and 190. Marine Corps figures remained unchanged.

Pub. L. 101–189, §413(b)(1), in table, increased fiscal year limitation on number of reserve officers in grade of Major or Lieutenant Commander, Lieutenant Colonel or Commander, and Colonel or Navy Captain who may be on active duty to, respectively: Army, to 3,030, 1,448, and 351 from 2,600, 1,250, and 348; Navy, to 1,065, 520, and 188 from 875, 520, and 185; Air Force, to 575, 476, and 190 from 575, 322, and 190. Marine Corps figures remained unchanged.

1987—Subsec. (a). Pub. L. 100–180, §413(b)(2), in table, increased fiscal year limitation on number of reserve officers in grade of Major or Lieutenant Commander, Lieutenant Colonel or Commander, and Colonel or Navy Captain who may be on active duty to, respectively: Army, to 2,600, 1,250, and 348 from 2,550, 1,152, and 348; Navy, to 875, 520, and 185 from 850, 520, and 185; Air Force, to 575, 322, and 190 from 575, 322, and 184; and Marine Corps, to 110, 75, and 25 from 105, 70, and 25.

Pub. L. 100–180, §413(b)(1), in table, changed fiscal year limitation on number of reserve officers in grade of Major or Lieutenant Commander, Lieutenant Colonel or Commander, and Colonel or Navy Captain who may be on active duty to, respectively: Army, to 2,550, 1,152, and 348 from 2,317, 1,152, and 348; Navy, to 850, 520, and 185 from 850, 520, and 177; Air Force, to 575, 322, and 184 from 476, 318, and 189; and Marine Corps, to 105, 70, and 25 from 100, 60, and 25.

1985—Subsec. (a). Pub. L. 99–145 increased fiscal year limitation on number of reserve officers in grade of Major or Lieutenant Commander, Lieutenant Colonel or Commander, and Colonel or Navy Captain who may be on active duty to, respectively: Army, to 2,317, 1,152, and 348 from 2,261, 1,121, and 345; Navy, to 850, 520, and 177 from 823, 520, and 177; Air Force, to 476, 318, and 189, from 471, 293, and 172; and Marine Corps, to 100, 60, and 25 from 100, 50, and 25.

1984Pub. L. 98–525, §414(a)(4)(B)(i), inserted references to National Guard and to full-time National Guard duty in section catchline.

Subsec. (a). Pub. L. 98–525, §414(a)(4)(A), inserted "or full-time National Guard duty" after "Marine Corps who may be on active duty" and inserted "or full-time National Guard duty (other than for training) under section 502(f) of title 32".

Pub. L. 98–525, §413(b), increased fiscal year limitation on number of reserve officers in grade of major or lieutenant commander, lieutenant colonel or commander, and colonel or Navy captain who may be on active duty to, respectively: Army, to 2,261, 1,121, and 345 from 1,948, 967, and 338; Air Force, to 471, 293, and 172 from 408, 303, and 171; Marine Corps, to 100, 50, and 25 from 95, 48, and 23. Figures for the Navy remained unchanged.

1983—Subsec. (a). Pub. L. 98–94 increased fiscal year limitation on number of reserve officers in grade major or lieutenant commander; lieutenant colonel or commander; and colonel or Navy captain who may be on active duty to, respectively: Army, to 1,948, 967, and 338 from 1,351, 671, and 234; Navy, to 823, 520, and 177 from 823, 425, and 177; Air Force, to 408, 303, and 171 from 281, 267, and 170; Marine Corps, to 95, 48, and 23 from 95, 40, and 21.

1982—Subsec. (a). Pub. L. 97–252 increased numbers in columns headed "Army", "Air Force", and "Marine Corps" from 1,105, 189, and 51 in line for major or lieutenant commander to 1,351, 281, and 95, respectively, from 551, 194, and 35 in line for lieutenant colonel or commander to 671, 267, and 40, respectively, and from 171, 147, and 19 in line for colonel or Navy captain to 234, 170, and 21, respectively.

1981—Subsec. (a). Pub. L. 97–86 increased numbers in columns headed "Army" and "Air Force" from 821 and 170 in line for major or lieutenant commander to 1,105 and 189, respectively, from 503 and 183 in line for lieutenant colonel or commander to 551 and 194, respectively, and from 163 and 146 in line for colonel or Navy captain to 171 and 147, respectively.

Effective Date of 2019 Amendment

Pub. L. 116–92, div. A, title IV, §416(b), Dec. 20, 2019, 133 Stat. 1338, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2019, and shall apply with respect to fiscal years beginning on or after that date."

Effective Date of 2000 Amendment

Pub. L. 106–398, §1 [[div. A], title IV, §415(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A-94, provided that: "The amendments made by this section [amending this section and section 12012 of this title] shall take effect on October 1, 2000."

Effective Date of 1998 Amendment

Pub. L. 105–261, div. A, title IV, §414(c), Oct. 17, 1998, 112 Stat. 1998, provided that: "The amendments made by this section [amending this section and section 12012 of this title] shall take efffect [sic] on October 1, 1998."

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 1989 Amendment

Pub. L. 101–189, div. A, title IV, §413(b)(2), Nov. 29, 1989, 103 Stat. 1433, provided that the amendment made by that section is effective Oct. 1, 1990.

Effective Date of 1987 Amendment

Pub. L. 100–180, div. A, title IV, §413(b)(2), Dec. 4, 1987, 101 Stat. 1083, provided that the amendment made by that section is effective Oct. 1, 1988.

Effective Date of 1985 Amendment

Amendment by Pub. L. 99–145 effective Oct. 1, 1985, see section 413(c) of Pub. L. 99–145, set out as a note under section 517 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–525 effective Oct. 1, 1984, see section 413(c) of Pub. L. 98–525, set out as a note under section 517 of this title.

Effective Date of 1983 Amendment

Amendment by Pub. L. 98–94 effective Oct. 1, 1983, see section 503(c) of Pub. L. 98–94, set out as a note under section 517 of this title.

§12012. Authorized strengths: senior enlisted members on active duty or on full-time National Guard duty for administration of the reserves or the National Guard

(a) Limitations.—Of the total number of members of a reserve component who are serving on full-time reserve component duty at the end of any fiscal year, the number of those members in each of pay grades of E–8 and E–9 who may be serving on active duty under section 10211 or 12310, or on full-time National Guard duty under the authority of section 502(f) of title 32 (other than for training) in connection with organizing, administering, recruiting, instructing, or training the reserve components or the National Guard may not, as of the end of that fiscal year, exceed the number determined in accordance with the following table:

 
Total number of members of a reserve component serving on full-time reserve component duty:Number of members of that reserve component who may be serving in the grade of:
E–8E–9
Army Reserve:
10,000 1,052 154  
11,000 1,126 168  
12,000 1,195 180  
13,000 1,261 191  
14,000 1,327 202  
15,000 1,391 213  
16,000 1,455 224  
17,000 1,519 235  
18,000 1,583 246  
19,000 1,647 257  
20,000 1,711 268  
21,000 1,775 278  
 
Army National Guard:
20,000 1,650 550  
22,000 1,775 615  
24,000 1,950 645  
26,000 2,100 675  
28,000 2,250 715  
30,000 2,400 735  
32,000 2,500 760  
34,000 2,600 780  
36,000 2,700 800  
38,000 2,800 820  
40,000 2,900 830  
42,000 3,000 840  
 
Navy Reserve:
10,000 340 143  
11,000 364 156  
12,000 386 169  
13,000 407 182  
14,000 423 195  
15,000 435 208  
16,000 447 221  
17,000 459 234  
18,000 471 247  
19,000 483 260  
20,000 495 273  
21,000 507 286  
22,000 519 299  
23,000 531 312  
24,000 540 325  
 
Marine Corps Reserve:
1,100 50 11  
1,200 55 12  
1,300 60 13  
1,400 65 14  
1,500 70 15  
1,600 75 16  
1,700 80 17  
1,800 85 18  
1,900 89 19  
2,000 93 20  
2,100 96 21  
2,200 99 22  
2,300 101 23  
2,400 106 24  
2,500 112 25  
2,600 116 26  
2,700 121 27  
2,800 125 28  
2,900 130 29  
3,000 134 30  
 
Air Force Reserve:
500 75 40  
1,000 145 75  
1,500 208 105  
2,000 270 130  
2,500 325 150  
3,000 375 170  
3,500 420 190  
4,000 460 210  
4,500 495 230  
5,000 530 250  
5,500 565 270  
6,000 600 290  
7,000 670 330  
8,000 740 370  
10,000 800 400  
 
Air National Guard:
10,000 1,350 550  
12,000 1,466 594  
14,000 1,582 636  
16,000 1,698 676  
18,000 1,814 714  
20,000 1,930 752  
22,000 2,046 790  
24,000 2,162 828  
26,000 2,278 866  
28,000 2,394 904  
30,000 2,510 942  
32,000 2,626 980  
34,000 2,742 1,018  
36,000 2,858 1,056  
38,000 2,974 1,094  
40,000 3,090 1,132  .

(b) Determinations by Interpolation.—If the total number of members of a reserve component serving on full-time reserve component duty is between any two consecutive numbers in the first column of the table in subsection (a), the corresponding authorized strengths for each of the grades shown in that table for that component are determined by mathematical interpolation between the respective numbers of the two strengths. If the total number of members of a reserve component serving on full-time reserve component duty is more or less than the highest or lowest number, respectively, set forth in the first column of the table in subsection (a), the Secretary concerned shall fix the corresponding strengths for the grades shown in the table at the same proportion as is reflected in the nearest limit shown in the table.

(c) Reallocations to Lower Grade.—Whenever the number of members serving in pay grade E–9 for duty described in subsection (a) is less than the number authorized for that grade under this section, the difference between the two numbers may be applied to increase the number authorized under this section for pay grade E–8.

(d) Secretarial Waiver.—(1) Upon determining that it is in the national interest to do so, the Secretary of Defense may increase for a particular fiscal year the number of reserve enlisted members that may be on active duty or full-time National Guard duty as described in subsection (a) for a reserve component in a pay grade referred to in a table in subsection (a) by a number that does not exceed the number equal to 5 percent of the maximum number specified for that grade and reserve component in the table.

(2) Whenever the Secretary exercises the authority provided in paragraph (1), the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives notice in writing of the adjustment made.

(e) Full-Time Reserve Component Duty Defined.—In this section, the term "full-time reserve component duty" has the meaning given the term in section 12011(e) of this title.

(Added Pub. L. 103–337, div. A, title XVI, §1662(a)(1), Oct. 5, 1994, 108 Stat. 2987; amended Pub. L. 104–106, div. A, title IV, §414(b), title XV, §1501(b)(10), Feb. 10, 1996, 110 Stat. 288, 496; Pub. L. 105–261, div. A, title IV, §414(b), Oct. 17, 1998, 112 Stat. 1998; Pub. L. 106–65, div. A, title IV, §414(b), Oct. 5, 1999, 113 Stat. 586; Pub. L. 106–398, §1 [[div. A], title IV, §§415(b), 421(c), 424(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-94 to 1654A-96; Pub. L. 107–107, div. A, title IV, §415(b), Dec. 28, 2001, 115 Stat. 1073; Pub. L. 108–375, div. A, title X, §1084(d)(34), Oct. 28, 2004, 118 Stat. 2063; Pub. L. 109–163, div. A, title V, §515(b)(1)(II), Jan. 6, 2006, 119 Stat. 3233; Pub. L. 110–417, [div. A], title V, §512(c), Oct. 14, 2008, 122 Stat. 4440; Pub. L. 115–232, div. A, title V, §515(b), Aug. 13, 2018, 132 Stat. 1753; Pub. L. 116–92, div. A, title IV, §415(c), Dec. 20, 2019, 133 Stat. 1337.)

Prior Provisions

Provisions similar to those in this section were contained in section 517(b), (c) of this title, prior to amendment by Pub. L. 103–337, §1662(a)(4).

Amendments

2019—Subsec. (a). Pub. L. 116–92 inserted section of table relating to the Marine Corps Reserve and struck out corresponding former section.

2018—Subsec. (a). Pub. L. 115–232 inserted section of table relating to the Air National Guard and struck out corresponding former section.

2008—Subsec. (a). Pub. L. 110–417 inserted section of table relating to the Army National Guard and struck out corresponding former section.

2006—Subsec. (a). Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve" in table.

2004—Subsec. (a). Pub. L. 108–375 inserted colon after "Air National Guard" in table.

2001—Subsec. (a). Pub. L. 107–107 inserted heading and amended text of subsec. (a) generally. Prior to amendment, text consisted of table setting out maximum number of enlisted members in pay grades E–8 and E–9 who may be on active duty (other than for training) or on full-time National Guard duty (other than for training) as of the end of any fiscal year in connection with organizing, administering, recruiting, instructing, or training the reserve components or the National Guard.

Subsec. (b). Pub. L. 107–107 inserted heading and amended text of subsec. (b) generally. Prior to amendment, text read as follows: "Whenever the number of members serving in pay grade E–9 for duty described in subsection (a) is less than the number authorized for that grade under subsection (a), the difference between the two numbers may be applied to increase the number authorized under such subsection for pay grade E–8."

Subsec. (c). Pub. L. 107–107 inserted heading and amended text of subsec. (c) generally. Prior to amendment, text read as follows: "Whenever under section 527 of this title the President may suspend the operation of any provision of section 523, 525, or 526 of this title, the Secretary of Defense may suspend the operation of any provision of this section. Any such suspension shall, if not sooner ended, end in the manner specified in section 527 for a suspension under that section."

Subsec. (d). Pub. L. 107–107 inserted heading and amended text of subsec. (d) generally. Prior to amendment, text read as follows: "Upon increasing under subsection (c)(2) of section 115 of this title the end strength that is authorized under subsection (a)(1)(B) of that section for a fiscal year for active-duty personnel and full-time National Guard duty personnel of an armed force who are to be paid from funds appropriated for reserve personnel, the Secretary of Defense may increase for that fiscal year the limitation that is set forth in subsection (a) of this section for the number of enlisted members of that armed force serving in any grade if the Secretary determines that such action is in the national interest. The percent of the increase may not exceed the percent by which the Secretary increases that end strength."

Subsec. (e). Pub. L. 107–107 added subsec. (e).

2000—Subsec. (a). Pub. L. 106–398, §1 [[div. A], title IV, §415(b)], amended table generally, increasing the fiscal year limitation on number of enlisted members in the Army in grade of E–9 from 645 to 764 and in grade of E–8 from 2,593 to 2,821, and in the Air Force in grade of E–9 from 405 to 502 and in grade of E–8 from 1,041 to 1,117.

Subsec. (c). Pub. L. 106–398, §1 [[div. A], title IV, §421(c)], added subsec. (c).

Subsec. (d). Pub. L. 106–398, §1 [[div. A], title IV, §424(b)], added subsec. (d).

1999—Subsec. (a). Pub. L. 106–65 amended table generally, increasing the fiscal year limitation on number of enlisted members in the Army in grade of E–9 from 623 to 645 and in grade of E–8 from 2,585 to 2,593, and in the Air Force in grade of E–9 from 395 to 405 and in grade of E–8 from 997 to 1,041.

1998—Subsec. (a). Pub. L. 105–261, in table, in grade E–9 increased figure for Army from 603 to 623 and for Air Force from 366 to 395, and in grade E–8 increased figure for Air Force from 890 to 997.

1996Pub. L. 104–106, §1501(b)(10), substituted "the National" for "National" in section catchline.

Subsec. (a). Pub. L. 104–106, §414(b), in table, in grade E–9, increased figure for Army from 569 to 603, for Air Force from 328 to 366, and for Marine Corps from 14 to 20, and in grade E–8, increased figure for Air Force from 840 to 890 and for Marine Corps from 74 to 94. All other figures remained unchanged.

Effective Date of 2000 Amendment

Amendment by section 1 [[div. A], title IV, §415(b)] of Pub. L. 106–398 effective Oct. 1, 2000, see section 1 [[div. A], title IV, §415(c)] of Pub. L. 106–398, set out as a note under section 12011 of this title.

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–261 effective Oct. 1, 1998, see section 414(c) of Pub. L. 105–261, set out as a note under section 12011 of this title.

Effective Date of 1996 Amendment

Amendment by section 1501(b)(10) of Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

CHAPTER 1203—ENLISTED MEMBERS

Sec.
12101.
Definition.
12102.
Reserve components: qualifications.
12103.
Reserve components: terms.
12104.
Reserve components: transfers.
12105.
Army Reserve and Air Force Reserve: transfer from Guard components.
12106.
Army and Air Force Reserve: transfer to upon withdrawal as member of National Guard.
12107.
Army National Guard of United States; Air National Guard of the United States: enlistment in.
12108.
Enlisted members: discharge or retirement for years of service or for age.

        

Amendments

2001Pub. L. 107–107, div. A, title V, §517(f)(2), Dec. 28, 2001, 115 Stat. 1096, added item 12108.

§12101. Definition

In this chapter, the term "enlistment" means original enlistment or reenlistment.

(Added Pub. L. 103–337, div. A, title XVI, §1662(b)(1), Oct. 5, 1994, 108 Stat. 2988.)

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

§12102. Reserve components: qualifications

(a) To become an enlisted member of a reserve component a person must be enlisted as a Reserve of an armed force and subscribe to the oath prescribed by section 502 of this title, or be transferred to that component according to law. In addition, to become an enlisted member of the Army National Guard of the United States or the Air National Guard of the United States, he must meet the requirements of section 12107 of this title.

(b) Except as otherwise provided by law, the Secretary concerned shall prescribe physical, mental, moral, professional, and age qualifications for the enlistment of persons as Reserves of the armed forces under his jurisdiction. However, no person may be enlisted as a Reserve unless—

(1) he is a citizen of the United States or has been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or

(2) he has previously served in the armed forces or in the National Security Training Corps.


(c) A person who is otherwise qualified, but who has a physical defect that the Secretary concerned determines will not interfere with the performance of the duties to which that person may be assigned, may be enlisted as a Reserve of any armed force under the jurisdiction of that Secretary.

(Aug. 10, 1956, ch. 1041, 70A Stat. 17, §510; Pub. L. 88–236, Dec. 23, 1963, 77 Stat. 474; Pub. L. 90–130, §1(2), Nov. 8, 1967, 81 Stat. 374; Pub. L. 90–623, §2(3), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 96–513, title V, §511(13), Dec. 12, 1980, 94 Stat. 2921; renumbered §12102 and amended Pub. L. 103–337, div. A, title XVI, §§1631(a), 1662(b)(2), 1675(a), Oct. 5, 1994, 108 Stat. 2964, 2989, 3017; Pub. L. 104–106, div. A, title XV, §1501(a)(5)(A), Feb. 10, 1996, 110 Stat. 495.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
510(a)

510(b)

 

510(c)

 

510(d)

50:952 (less proviso).

50:941(a) (as applicable to enlistments).

50:941(b) (as applicable to enlistments).

50:956 (as applicable to enlistments).

July 9, 1952, ch. 608, §§217 (less (c), as applicable to enlistments), 228 (less proviso), 232 (as applicable to enlistments), 66 Stat. 486, 488, 489.

In subsection (a), the last sentence is inserted to reflect sections 3261 and 8261 of this title.

In subsection (b), the word "However" is substituted for the words "Subject to the limitation that". The words "as Reserves in the armed forces under his jurisdiction" are substituted for the words "of Reserve members of the Armed Forces of the United States". The words "its Territories" are omitted as surplusage, since citizens of the Territories are citizens of the United States.

In subsection (c), the words "armed force concerned" are substituted for the words "of the appropriate Armed Force of the United States". The words "in which she previously served satisfactorily" are substituted for the words "satisfactorily held by her".

In subsection (d), the words "under the jurisdiction of that Secretary" are inserted for clarity. The words "general or special" are omitted as surplusage.

References in Text

The Immigration and Nationality Act, referred to in subsec. (b)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified principally to chapter 12 (§1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.

Amendments

1996—Subsecs. (c), (d). Pub. L. 104–106 made technical correction to directory language of Pub. L. 103–337, §1631(a). See 1994 Amendment note below.

1994Pub. L. 103–337, §1662(b)(2), renumbered section 510 of this title as this section.

Subsec. (a). Pub. L. 103–337, §1675(a), substituted "12107" for "3261 or 8261".

Subsecs. (c), (d). Pub. L. 103–337, §1631(a), as amended by Pub. L. 104–106, redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: "Women may be enlisted as Reserves of the armed forces. Women are enlisted in the grades and ratings authorized for enlisted women of the regular component of the armed force concerned. Any female former enlisted member of an armed force may, if otherwise qualified, be enlisted as a Reserve of that armed force in the highest grade or rating in which she previously served satisfactorily on active duty (other than for training)."

1980—Subsec. (b)(1). Pub. L. 96–513 substituted "the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)" for "chapter 12 of title 8".

1968—Subsec. (a). Pub. L. 90–623 substituted "section 502" for "section 501".

1967—Subsec. (c). Pub. L. 90–130 struck out provision limiting the reserve components in which women may be enlisted as Reserves of the armed forces to the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, and Coast Guard Reserve.

1963—Subsec. (b)(1). Pub. L. 88–236 substituted "he is a citizen of the United States or has been lawfully admitted to the United States for permanent residence under chapter 12 of title 8" for "he is, or has made a declaration of intention to become, a citizen of the United States or of a possession thereof".

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

Effective Date of 1994 Amendment

Amendment by sections 1662(b)(2) and 1675(a) of Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, and amendment by section 1631(a) of Pub. L. 103–337 effective Oct. 1, 1996, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of Title 5, Government Organization and Employees.

Treatment of Single Parents Enlisting in Reserve Components of the Armed Forces

Pub. L. 99–661, div. A, title V, §523, Nov. 14, 1986, 100 Stat. 3871, as amended by Pub. L. 100–180, div. A, title V, §503, Dec. 4, 1987, 101 Stat. 1085; Pub. L. 101–189, div. A, title V, §504, Nov. 29, 1989, 103 Stat. 1437, which provided that, in determining under section 510 [now 12102] of title 10 whether a person who is applying to enlist in a reserve component of the Armed Forces upon discharge or release from active duty is qualified for enlistment as a Reserve of an Armed Force, the Secretary concerned may not disqualify the person because the person is a single parent if the person is otherwise qualified for enlistment, the person became a single parent while serving on active duty, and the person's status as a single parent was not a factor in the person's discharge or release from active duty, with provision that the requirements imposed with respect to parenthood not be more stringent than those imposed on a member who becomes a single parent during the term of the member's enlistment, and with provision defining "single parent" as a person who is not married and who has custody of a child under the age of 18 pursuant to a court order, expired on Sept. 30, 1991.

§12103. Reserve components: terms

(a) Except as otherwise prescribed by law, enlistments as Reserves are for terms prescribed by the Secretary concerned. However, an enlistment that is in effect at the beginning of a war or of a national emergency declared by Congress, or entered into during such a war or emergency, and that would otherwise expire, continues in effect until the expiration of six months after the end of that war or emergency, whichever is later, unless sooner terminated by the Secretary concerned.

(b) Under regulations to be prescribed by the Secretary of Defense, and by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, a person who is qualified for enlistment for active duty in an armed force, and who is not under orders to report for induction into an armed force under the Military Selective Service Act (50 U.S.C. 3801 et seq.), may be enlisted as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve, for a term of not less than six years nor more than eight years. Each person enlisted under this subsection shall serve—

(1) on active duty for a period of not less than two years; and

(2) the rest of his period of enlistment as a member of the Ready Reserve.


(c) In time of war or of national emergency declared by Congress the term of service of an enlisted member transferred to a reserve component according to law, that would otherwise expire, continues until the expiration of six months after the end of that war or emergency, whichever is later, unless sooner terminated by the Secretary concerned.

(d) Under regulations to be prescribed by the Secretary of Defense, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, a non-prior-service person who is qualified for induction for active duty in an armed force and who is not under orders to report for induction into an armed force under the Military Selective Service Act (50 U.S.C. 3801 et seq.), except as provided in clauses (ii) and (iii) of section 6(c)(2)(A) of such Act (50 U.S.C. 3806(c)(2)(A)), may be enlisted in the Army National Guard or the Air National Guard, or as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve, for a term of not less than six years nor more than eight years. Each person enlisted under this subsection shall perform an initial period of active duty for training of not less than twelve weeks to commence insofar as practicable within one year after the date of that enlistment.

(Aug. 10, 1956, ch. 1041, 70A Stat. 18, §511; Pub. L. 85–861, §1(8), Sept. 2, 1958, 72 Stat. 1439; Pub. L. 88–110, §3, Sept. 3, 1963, 77 Stat. 135; Pub. L. 90–168, §2(11), Dec. 1, 1967, 81 Stat. 523; Pub. L. 94–106, title VIII, §802(a), Oct. 7, 1975, 89 Stat. 537; Pub. L. 95–485, title IV, §405(c)(1), Oct. 20, 1978, 92 Stat. 1615; Pub. L. 96–107, title VIII, §805(a), Nov. 9, 1979, 93 Stat. 812; Pub. L. 96–513, title V, §511(14), Dec. 12, 1980, 94 Stat. 2921; Pub. L. 97–252, title XI, §1115(a), Sept. 8, 1982, 96 Stat. 750; Pub. L. 97–295, §1(6), Oct. 12, 1982, 96 Stat. 1289; Pub. L. 98–94, title X, §1022(a)(1), Sept. 24, 1983, 97 Stat. 670; renumbered §12103, Pub. L. 103–337, div. A, title XVI, §1662(b)(2), Oct. 5, 1994, 108 Stat. 2989; Pub. L. 107–296, title XVII, §1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title V, §533(a), Dec. 2, 2002, 116 Stat. 2547; Pub. L. 109–163, div. A, title V, §515(b)(1)(JJ), Jan. 6, 2006, 119 Stat. 3233; Pub. L. 114–328, div. A, title X, §1081(b)(1)(A)(vii), Dec. 23, 2016, 130 Stat. 2418.)

Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
511(a)

511(b)

50:951 (less (c)).

50:951(c).

July 9, 1952, ch. 608, §227, 66 Stat. 488.

In subsection (a), the first sentence is substituted for 50:951(a). The words "as Reserves in the Armed Forces of the United States" and "the existence of" are omitted as surplusage.

In subsections (a) and (b), the word "hereafter" is omitted as surplusage. The words "the expiration of" are inserted for clarity.

In subsection (b), the word "continues" is substituted for the words "shall * * * be extended".

1958 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
511(b) 50:1012. Aug. 9, 1955, ch. 665, §2(i) (1st 2 pars.), 69 Stat. 600.

In subsection (b), the words "respectively, pursuant to the provisions of this section" are omitted as surplusage. The words "as a Reserve for service" are inserted to reflect section 510 of this title. The last six words of the first sentence are substituted for 50:1012(b) (1st sentence).

References in Text

The Military Selective Service Act, referred to in subsecs. (b) and (d), is title I of act June 24, 1948, ch. 625, 62 Stat. 604, which is classified principally to chapter 49 (§3801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see References in Text note set out under section 3801 of Title 50 and Tables.

Amendments

2016—Subsec. (b). Pub. L. 114–328, §1081(b)(1)(A)(vii)(I), substituted "(50 U.S.C. 3801 et seq.)" for "(50 U.S.C. App. 451 et seq.)" in introductory provisions.

Subsec. (d). Pub. L. 114–328, §1081(b)(1)(A)(vii), substituted "(50 U.S.C. 3801 et seq.)" for "(50 U.S.C. App. 451 et seq.)" and "clauses (ii) and (iii) of section 6(c)(2)(A) of such Act (50 U.S.C. 3806(c)(2)(A))" for "section 6(c)(2)(A)(ii) and (iii) of such Act".

2006—Subsecs. (b), (d). Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve".

2002—Subsec. (b). Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation".

Subsec. (d). Pub. L. 107–314 substituted "one year" for "270 days" in last sentence.

Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation".

1994Pub. L. 103–337 renumbered section 511 of this title as this section.

1983—Subsec. (b). Pub. L. 98–94, §1022(a)(1)(A), substituted "not less than six years nor more than eight years" for "six years".

Subsec. (d). Pub. L. 98–94, §1022(a)(1)(B), substituted "not less than six years nor more than eight years" for "six years".

1982—Subsec. (b). Pub. L. 97–295 substituted "(50 U.S.C. App. 451 et seq.)" for "(50 U.S.C. App. 451–473)" after "Military Selective Service Act".

Subsec. (d). Pub. L. 97–252 extended to 270 from 180 days requirement for commencement of initial period of active duty for training after date of enlistment.

1980—Subsec. (d). Pub. L. 96–513 substituted "Military Selective Service Act (50 U.S.C. App. 451 et seq.)" for "Military Selective Service Act of 1967 (50 App. U.S.C. 451–473)".

1979—Subsec. (d). Pub. L. 96–107 struck out requirement that a non-prior-service person be under 26 years of age.

1978—Subsec. (b). Pub. L. 95–485, in provision preceding cl. (1), substituted "the Secretary of Defense, and by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy" for "the Secretary concerned" and "the Military Selective Service Act (50 U.S.C. App. 451–473)" for "sections 451–473 of title 50, appendix", in cl. (1), substituted "not less than two years; and" for "two years;", struck out former cl. (2), requiring a person enlisted under this subsec. to serve satisfactorily as a member of the Ready Reserve for a period which when added to his active duty under cl. (1) totals five years, redesignated former cl. (3) as (2), and in cl. (2) as so redesignated, substituted "Ready Reserve" for "Standby Reserve".

1975—Subsec. (d). Pub. L. 94–106 reduced initial period of active duty for training for persons enlisted under this subsection from four months to twelve weeks.

1967—Subsec. (d). Pub. L. 90–168 substituted the Secretary of Transportation for the Secretary of the Treasury as the prescribing authority for regulations covering the Coast Guard when not operating as part of the Navy, inserted exception as provided in section 6(c)(2)(A)(ii) and (iii) of the Military Selective Service Act of 1967, added requirement that the initial period of four months' service commence insofar as practicable within 180 days after the date of enlistment, and struck out provision that the remainder of the period of service after the initial period of four months be served, subject to section 269(e)(4) of this title, as a member of the Ready Reserve.

1963—Subsec. (d). Pub. L. 88–110 added subsec. (d).

1958—Subsecs. (b), (c). Pub. L. 85–861, §1(8)(A), added subsec. (b) and redesignated former subsec. (b) as (c).

Effective Date of 2002 Amendments

Pub. L. 107–314, div. A, title V, §533(b), Dec. 2, 2002, 116 Stat. 2547, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to enlistments under section 12103(d) of title 10, United States Code, after the end of the 90-day period beginning on the date of the enactment of this Act [Dec. 2, 2002]."

Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

Effective Date of 1983 Amendment

Pub. L. 98–94, title X, §1022(a)(2), Sept. 24, 1983, 97 Stat. 670, provided that: "The amendments made by paragraph (1) [amending this section] shall apply only with respect to persons who enlist under the authority of subsection (b) or (d) of section 511 [now 12103] of title 10, United States Code, 60 or more days after the date of the enactment of this Act [Sept. 24, 1983]."

Effective Date of 1982 Amendment

Pub. L. 97–252, title XI, §1115(b), Sept. 8, 1982, 96 Stat. 750, provided that: "The amendment made by this section [amending this section] shall be effective with respect to persons enlisting in a reserve component of the Armed Forces after the end of the ninety-day period beginning on the date of the enactment of this Act [Sept. 8, 1982]."

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

Effective Date of 1979 Amendment

Pub. L. 96–107, title VIII, §805(c), Nov. 9, 1979, 93 Stat. 813, provided that: "The amendments made by this section [amending this section and section 651 of this title] shall apply only to individuals who become members of an Armed Force after the date of the enactment of this Act [Nov. 9, 1979]."

Effective Date of 1978 Amendment

Pub. L. 95–485, title IV, §405(c)(2), Oct. 20, 1978, 92 Stat. 1616, provided that: "The amendments made by paragraph (1) [amending this section] shall not apply with respect to a person who enlisted as a Reserve for service in the Armed Forces under section 511(b) [now 12103(b)] of title 10, United States Code, before the date of the enactment of this Act [Oct. 20, 1978]."

Effective Date of 1967 Amendment

For effective date of amendment by Pub. L. 90–168, see section 7 of Pub. L. 90–168, set out as a note under section 138 of this title.

Transition

Pub. L. 107–314, div. A, title V, §533(c), Dec. 2, 2002, 116 Stat. 2547, provided that: "In the case of a person who enlisted under section 12103(d) of title 10, United States Code, before the date of the enactment of this Act [Dec. 2, 2002] and who as of such date has not commenced the required initial period of active duty for training under that section, the amendment made by subsection (a) [amending this section] may be applied to that person, but only with the agreement of that person and the Secretary concerned."

§12104. Reserve components: transfers

(a) A person who would otherwise be required to be transferred to a reserve component under section 651 of this title or under the Military Selective Service Act (50 U.S.C. 3801 et seq.), is entitled, if he is qualified and accepted, to be enlisted in any armed force that he chooses and to participate in the programs authorized for that armed force. However, unless the two Secretaries concerned consent, he may not be enlisted as a Reserve of an armed force other than that from which he is transferred. All periods of his participation shall be credited against the total period of service required of him under section 651 of this title or under the Military Selective Service Act (50 U.S.C. 3801 et seq.). However, no period may be credited more than once.

(b) A person covered by subsection (a) shall perform the rest of his required term of service in the armed force in which he is so enlisted or in any other armed force in which he is later enlisted or appointed.

(c) This section does not change any term of service under an appointment, enlistment, or agreement, including an agreement made before or at the time when the member entered upon a program authorized by an armed force.

(Aug. 10, 1956, ch. 1041, 70A Stat. 18, §512; Pub. L. 96–513, title V, §511(15), Dec. 12, 1980, 94 Stat. 2921; renumbered §12104, Pub. L. 103–337, div. A, title XVI, §1662(b)(2), Oct. 5, 1994, 108 Stat. 2989; Pub. L. 114–328, div. A, title X, §1081(b)(1)(A)(viii), Dec. 23, 2016, 130 Stat. 2418.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
512(a)

 

 

512(b)

50:929(a) (less 2d sentence, as applicable to enlistments).

50:929(a) (2d sentence, as applicable to enlistments).

July 9, 1952, ch. 608, §209 (as applicable to enlistments), 66 Stat. 484.
512(c) 50:929(b) (as applicable to enlistments).

In subsection (a), the words "is entitled * * * to be enlisted in any armed force that he chooses" are substituted for the words "shall * * * be permitted to enlist * * * in such Armed Force of the United States as he may elect". The second sentence is substituted for 50:929(a) (words within parentheses). The words "of an Armed Force of the United States" are omitted as surplusage.

In subsection (b), the word "rest" is substituted for the words "remaining period". The words "be required to" are omitted as surplusage.

In subsection (c), the words "This section does not" are substituted for the words "Nothing in this section shall be construed". The word "change" is substituted for the words "reduce, limit, or modify". The words "which any person may undertake to perform" are omitted as surplusage.

References in Text

The Military Selective Service Act, referred to in subsec. (a), is title I of act June 24, 1948, ch. 625, 62 Stat. 604, which is classified principally to chapter 49 (§3801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see References in Text note set out under section 3801 of Title 50 and Tables.

Amendments

2016—Subsec. (a). Pub. L. 114–328 substituted "(50 U.S.C. 3801 et seq.)" for "(50 U.S.C. App. 451 et seq.)" in two places.

1994Pub. L. 103–337 renumbered section 512 of this title as this section.

1980—Subsec. (a). Pub. L. 96–513 substituted "the Military Selective Service Act (50 U.S.C. App. 451 et seq.)" for "sections 451–473 of title 50, appendix" wherever appearing.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

§12105. Army Reserve and Air Force Reserve: transfer from Guard components

(a) Under such regulations as the Secretary concerned may prescribe—

(1) an enlisted member of the Army National Guard of the United States may be transferred in grade to the Army Reserve; and

(2) an enlisted member of the Air National Guard of the United States may be transferred in grade to the Air Force Reserve.


(b) Upon such a transfer, the member transferred is eligible for promotion to the highest regular or reserve grade ever held by him in the Army, if transferred under subsection (a)(1), or the Air Force, if transferred under subsection (a)(2), if his service has been honorable.

(c) A transfer under this section may only be made with the consent of the governor or other appropriate authority of the State concerned.

(Added Pub. L. 103–337, div. A, title XVI, §1662(b)(1), Oct. 5, 1994, 108 Stat. 2988.)

Prior Provisions

Provisions similar to those in this section were contained in sections 3259 and 8259 of this title, prior to repeal by Pub. L. 103–337, §1662(b)(3).

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

§12106. Army and Air Force Reserve: transfer to upon withdrawal as member of National Guard

(a) An enlisted member of the Army National Guard of the United States who ceases to be a member of the Army National Guard becomes a member of the Army Reserve unless he is also discharged from his enlistment as a Reserve.

(b) An enlisted member of the Air National Guard of the United States who ceases to be a member of the Air National Guard becomes a member of the Air Force Reserve unless he is also discharged from his enlistment as a Reserve.

(c) An enlisted member who becomes a member of the Army Reserve or the Air Force Reserve under this section ceases to be a member of the Army National Guard of the United States or the Air National Guard of the United States, as the case may be.

(Added Pub. L. 103–337, div. A, title XVI, §1662(b)(1), Oct. 5, 1994, 108 Stat. 2989.)

Prior Provisions

Provisions similar to those in this section were contained in sections 3260 and 8260 of this title, prior to repeal by Pub. L. 103–337, §1662(b)(3).

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

§12107. Army National Guard of United States; Air National Guard of the United States: enlistment in

(a) Except as provided in subsection (c), to become an enlisted member of the Army National Guard of the United States or the Air National Guard of the United States, a person must—

(1) be enlisted in the Army National Guard or the Air National Guard, as the case may be;

(2) subscribe to the oath set forth in section 304 of title 32; and

(3) be a member of a federally recognized unit or organization of the Army National Guard or the Air National Guard, as the case may be, in the grade in which he is to be enlisted as a Reserve.


(b)(1) Under regulations to be prescribed by the Secretary of the Army, a person who enlists in the Army National Guard, or whose term of enlistment in the Army National Guard is extended, shall be concurrently enlisted, or his term of enlistment shall be concurrently extended, as the case may be, as a Reserve of the Army for service in the Army National Guard of the United States.

(2) Under regulations to be prescribed by the Secretary of the Air Force, a person who enlists in the Air National Guard, or whose term of enlistment in the Air National Guard is extended, shall be concurrently enlisted, or his term of enlistment shall be concurrently extended, as the case may be, as a Reserve of the Air Force for service in the Air National Guard of the United States.

(c)(1) A member of the Army Reserve who enlists in the Army National Guard in his reserve grade, and is a member of a federally recognized unit or organization of the Army National Guard, becomes a member of the Army National Guard of the United States and ceases to be a member of the Army Reserve.

(2) A member of the Air Force Reserve who enlists in the Air National Guard in his reserve grade, and is a member of a federally recognized unit or organization of the Air National Guard, becomes a member of the Air National Guard of the United States and ceases to be a member of the Air Force Reserve.

(Added Pub. L. 103–337, div. A, title XVI, §1662(b)(1), Oct. 5, 1994, 108 Stat. 2989.)

Prior Provisions

Provisions similar to those in this section were contained in sections 3261 and 8261 of this title, prior to repeal by Pub. L. 103–337, §1662(b)(3).

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

§12108. Enlisted members: discharge or retirement for years of service or for age

Each reserve enlisted member 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 Secretary concerned shall—

(1) be transferred to the Retired Reserve if the member is qualified for such transfer and does not request (in accordance with regulations prescribed by the Secretary concerned) not to be transferred to the Retired Reserve; or

(2) be discharged if the member 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(f)(1), Dec. 28, 2001, 115 Stat. 1095.)

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 1205—APPOINTMENT OF RESERVE OFFICERS

Sec.
12201.
Reserve officers: qualifications for appointment.
12202.
Commissioned officer grades.
12203.
Commissioned officers: appointment, how made; term.
12204.
Commissioned officers: original appointment; limitation.
12205.
Commissioned officers: appointment; educational requirement.
12206.
Commissioned officers: appointment of former commissioned officers.
12207.
Commissioned officers: service credit upon original appointment.
12208.
Officers: appointment upon transfer.
12209.
Officer candidates: enlisted Reserves.
12210.
Attending Physician to the Congress: reserve grade.
12211.
Officers: Army National Guard of the United States.
12212.
Officers: Air National Guard of the United States.
12213.
Officers; Army Reserve: transfer from Army National Guard of the United States.
12214.
Officers; Air Force Reserve: transfer from Air National Guard of the United States.
12215.
Commissioned officers: reserve grade of adjutants general and assistant adjutants general.

        

Amendments

2006Pub. L. 109–364, div. A, title V, §507(a)(2)(C), Oct. 17, 2006, 120 Stat. 2180, struck out "while so serving" after "reserve grade" in item 12210.

1996Pub. L. 104–106, div. A, title XV, §1501(b)(11)(B), (13)(B), Feb. 10, 1996, 110 Stat. 496, substituted "Reserve officers: qualifications" for "Qualifications" in item 12201 and inserted "the" after "National Guard of" in items 12211, 12212, 12213, and 12214.

§12201. Reserve officers: qualifications for appointment

(a)(1) To become an officer of a reserve component a person must be appointed as a Reserve of an armed force in a grade corresponding to a grade authorized for the regular component of the armed force concerned and, except as provided in paragraph (2), subscribe to the oath prescribed by section 3331 of title 5. In addition, to become an officer of the Army National Guard of the United States or the Air National Guard of the United States, he must first be appointed to, and be federally recognized in, the same grade in the Army National Guard or the Air National Guard, as the case may be.

(2) If an officer is transferred from the active-duty list of an armed force to a reserve active-status list of an armed force in accordance with regulations prescribed by the Secretary of Defense, the officer is not required to subscribe to the oath referred to in paragraph (1) in order to qualify for an appointment under that paragraph.

(b) Except as otherwise provided by law, the Secretary concerned shall prescribe physical, mental, moral, professional, and age qualifications for the appointment of persons as Reserves of the armed forces under his jurisdiction. However, no person may be appointed as a Reserve unless he is at least 18 years of age and—

(1) he is a citizen of the United States or has been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or

(2) he has previously served in the armed forces or in the National Security Training Corps.


(c) A person who is otherwise qualified, but who has a physical defect that the Secretary concerned determines will not interfere with the performance of the duties to which that person may be assigned, may be appointed as a Reserve of any armed force under the jurisdiction of that Secretary.

(d) In prescribing age qualifications under subsection (b) for the appointment of persons as Reserves of the armed forces under his jurisdiction, the Secretary concerned may not prescribe a maximum age qualification of less than 47 years of age for the initial appointment of a person as a Reserve to serve in a health profession specialty which has been designated by the Secretary concerned as a specialty critically needed in wartime.

(Aug. 10, 1956, ch. 1041, 70A Stat. 24, §591; Pub. L. 85–861, §1(10)(A), Sept. 2, 1958, 72 Stat. 1440; Pub. L. 88–236, Dec. 23, 1963, 77 Stat. 474; Pub. L. 89–718, §4, Nov. 2, 1966, 80 Stat. 1115; Pub. L. 90–130, §1(3), Nov. 8, 1967, 81 Stat. 374; Pub. L. 96–513, title V §511(16), Dec. 12, 1980, 94 Stat. 2921; Pub. L. 100–180, div. A, title VII, §718(a), Dec. 4, 1987, 101 Stat. 1115; renumbered §12201 and amended Pub. L. 103–337, div. A, title XVI, §§1631(b), 1662(c)(2), Oct. 5, 1994, 108 Stat. 2964, 2990; Pub. L. 104–106, div. A, title XV, §1501(a)(5)(B), (b)(11)(A), Feb. 10, 1996, 110 Stat. 495, 496; Pub. L. 108–375, div. A, title V, §501(c)(3), Oct. 28, 2004, 118 Stat. 1874; Pub. L. 111–383, div. A, title V, §515, Jan. 7, 2011, 124 Stat. 4213.)

Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
591(a)

591(b)

 

591(c)

 

591(d)

50:946.

50:941(a) (less applicability to enlistments).

50:941(b) (less applicability to enlistments).

50:956 (less applicability to enlistments).

July 9, 1952, ch. 608, §§217 (less (c), and less applicability to enlistments), 222, 232 (less applicability to enlistments), 66 Stat. 486, 487, 489.

In subsection (a), 50:946(a) (last 12 words of proviso) is omitted as covered by section 312 of title 32, 50:946(b) is omitted as covered by the revised subsection.

In subsection (b), the word "However" is substituted for the words "Subject to the limitation that". The exception as to section 4(i)(7) of the Universal Military Training and Service Act is inserted for clarity. The words "as Reserves of the armed forces under his jurisdiction" are substituted for the words "of Reserve members of the Armed Forces of the United States". The words "unless he is at least 18 years of age" are substituted for 50:941(a) (last sentence). The words "its Territories" are omitted as surplusage, since citizens of the Territories are citizens of the United States.

In subsection (c), the words "armed force concerned" are substituted for the words "of the appropriate Armed Force of the United States". The words "in the grades corresponding to the grades authorized for female officers of the" are substituted for the words "in the same grades * * * as are authorized for women in the", to conform to subsection (a). The words "in which she previously served satisfactorily" are substituted for the words "satisfactorily held by her".

In subsection (d), the words "under the jurisdiction of that Secretary" are inserted for clarity. The words "general or special" are omitted as surplusage.

1958 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
591(c) 50:941(b). July 30, 1956, ch. 789, §4(a), 70 Stat. 729.

The words "Subject to section 946(a) of this title" are omitted, since that section is restated in subsection (a) of the revised section and is applicable to all reserve appointments. 50:941(b) (last 2 sentences) is omitted as covered by sections 510 and 591 of this title.

References in Text

The Immigration and Nationality Act, referred to in subsec. (b)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified principally to chapter 12 (§1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.

Amendments

2011—Subsec. (a)(2). Pub. L. 111–383 substituted "If an officer is transferred from the active-duty list of an armed force to a reserve active-status list of an armed force in accordance with regulations prescribed by the Secretary of Defense, the officer" for "An officer transferred from the active-duty list of an armed force to a reserve active-status list of an armed force under section 647 of this title".

2004—Subsec. (a). Pub. L. 108–375 designated existing provisions as par. (1), inserted ", except as provided in paragraph (2)," after "the armed force concerned and", and added par. (2).

1996Pub. L. 104–106, §1501(b)(11), substituted "Reserve officers: qualifications for appointment" for "Reserve components: qualifications" as section catchline.

Subsecs. (c) to (e). Pub. L. 104–106, §1501(a)(5)(B), made technical correction to directory language of Pub. L. 103–337, §1631(b). See 1994 Amendment note below.

1994Pub. L. 103–337, §1662(c)(2), renumbered section 591 of this title as this section.

Subsecs. (c) to (e). Pub. L. 103–337, §1631(b), as amended by Pub. L. 104–106, §1501(a)(5)(B), redesignated subsecs. (d) and (e) as (c) and (d), respectively, and struck out former subsec. (c) which read as follows: "Women may be appointed as Reserves of the armed forces for service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, and Coast Guard Reserve. Women who are otherwise qualified may be appointed as Reserves of the armed forces with a view to serving in the Army National Guard of the United States or the Air National Guard of the United States. Women are appointed in grades corresponding to the grades authorized for female officers of the regular component of the armed force concerned. Any female former officer of an armed force may, if otherwise qualified, be appointed as a Reserve of that armed force in the highest grade in which she previously served satisfactorily on active duty (other than for training)."

1987—Subsec. (e). Pub. L. 100–180 added subsec. (e).

1980—Subsec. (b). Pub. L. 96–513 substituted "the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)" for "chapter 12 of title 8", and struck out reference to section 454(i)(7) of title 50, appendix.

1967—Subsec. (c). Pub. L. 90–130 struck out provision limiting areas of service of women in Army National Guard of the United States and Air National Guard of the United States to service as nurses or medical specialists.

1966—Subsec. (a). Pub. L. 89–718 substituted "3331" for "16".

1963—Subsec. (b) (1). Pub. L. 88–236 substituted "he is a citizen of the United States or has been lawfully admitted to the United States for permanent residence under chapter 12 of title 8" for "he is, or has made a declaration of intention to become, a citizen of the United States or of a possession thereof".

1958—Subsec. (c). Pub. L. 85–861 permitted appointment of women as Reserves of armed forces with a view to serving as nurses or medical specialists in Army National Guard of the United States or Air National Guard of the United States.

Effective Date of 2004 Amendment

Amendment by Pub. L. 108–375 effective on the first day of the first month beginning more than 180 days after Oct. 28, 2004, see section 501(g) of Pub. L. 108–375, set out as a note under section 531 of this title.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

Effective Date of 1994 Amendment

Amendment by section 1631(b) of Pub. L. 103–337 effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

Baccalaureate Degree Required for Appointment or Promotion of Reserve Component Officers to Grades Above First Lieutenant or Lieutenant (Junior Grade)

Pub. L. 102–190, div. A, title V, §523, Dec. 5, 1991, 105 Stat. 1363, provided that after Sept. 30, 1995, no person could be appointed to a grade above grade of first lieutenant in Army Reserve, Air Force Reserve, or Marine Corps Reserve or to a grade above grade of lieutenant (junior grade) in Naval Reserve, or be federally recognized in a grade above grade of first lieutenant as a member of Army National Guard or Air National Guard, unless that person had been awarded a baccalaureate degree by an accredited educational institution, prior to repeal by Pub. L. 103–35, title II, §203(a), May 31, 1993, 107 Stat. 102. See section 12205 of this title.

Priority in Making Original Appointments in Guard and Reserve Components for ROTC Scholarship Program Graduates

Pub. L. 102–190, div. A, title V, §524, Dec. 5, 1991, 105 Stat. 1363, as amended by Pub. L. 109–163, div. A, title V, §515(h), Jan. 6, 2006, 119 Stat. 3237, provided that: "In making appointments of persons as second lieutenants in the Army Reserve, Air Force Reserve, or Marine Corps Reserve or to the grade of ensign in the Navy Reserve, or in granting federal recognition in the grade of second lieutenant to members of the Army National Guard or Air National Guard, the Secretary of the military department concerned shall give preference to persons who have completed a post-secondary program of education pursued under a ROTC scholarship program at a college or university accredited to award baccalaureate degrees or pursued under a ROTC scholarship program at an accredited two-year or four-year military college."

Report on Initial Appointment of All Officers as Reserve Officers and on Appropriate Active Duty Obligation of Graduates of Service Academies

Pub. L. 101–510, div. A, title V, §524, Nov. 5, 1990, 104 Stat. 1562, directed Secretary of Defense to submit to Congress a report on advantages, disadvantages, and desirability of initially appointing all persons commissioned as officers in the Army, Navy, Air Force, or Marine Corps as Reserve officers, and the appropriate active duty service obligation for graduates of the service academies, directed Secretary to submit report not later than 60 days after Nov. 5, 1990, and provided that if the report was not submitted by that date, all persons initially appointed as commissioned officers in the Army, Navy, Air Force, and Marine Corps after that date would be appointed as commissioned officers in a Reserve component of the Armed Forces, and all persons entering the service academies after that date would incur an obligation to serve on active duty for a period of five years.

Deadline for Regulations Implementing Subsection (e) of This Section

Pub. L. 100–180, div. A, title VII, §718(b), Dec. 4, 1987, 101 Stat. 1115, provided that: "The Secretary concerned shall prescribe regulations implementing subsection (e) of section 591 [now 12201(d)] of title 10, United States Code, as added by subsection (a), not later than 90 days after the date of the enactment of this Act [Dec. 4, 1987]."

§12202. Commissioned officer grades

Except for commissioned warrant officers, the reserve commissioned officer grades in each armed force are those authorized for regular commissioned officers of that armed force.

(Added Pub. L. 85–861, §1(10)(B), Sept. 2, 1958, 72 Stat. 1440, §592; renumbered §12202, Pub. L. 103–337, div. A, title XVI, §1662(c)(2), Oct. 5, 1994, 108 Stat. 2990.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
592 50:1181(1) (as applicable to 50:1201).

50:1201.

Sept. 3, 1954, ch. 1257, §§102(1) (as applicable to §211), 211, 68 Stat. 1149, 1153.

The words "including those heretofore or hereafter transferred to the Retired Reserve", "permanent", and "pursuant to the Officer Personnel Act of 1947, as amended" are omitted as surplusage. The rule as to the Coast Guard is consolidated with the rule applicable to the other armed forces, since 14:754 prescribes the same substantive result as that prescribed by 50:1201 for the other armed forces.

Amendments

1994Pub. L. 103–337 renumbered section 592 of this title as this section.

§12203. Commissioned officers: appointment, how made; term

(a) Appointments of reserve officers in commissioned grades of lieutenant colonel and commander or below, except commissioned warrant officer, shall be made by the President alone. Appointments of reserve officers in commissioned grades above lieutenant colonel and commander shall be made by the President, by and with the advice and consent of the Senate, except as provided in section 624, 12213, or 12214 of this title.

(b) Subject to the authority, direction, and control of the President, the Secretary of Defense may appoint as a reserve commissioned officer any regular officer transferred from the active-duty list of an armed force to the reserve active-status list of a reserve component under section 647 of this title, notwithstanding the requirements of subsection (a).

(c) Appointments of Reserves in commissioned grades are for an indefinite term and are held during the pleasure of the President.

(Aug. 10, 1956, ch. 1041, 70A Stat. 25, §593; Pub. L. 85–861, §1(10)(C), Sept. 2, 1958, 72 Stat. 1440; Pub. L. 92–129, title VI, §601, Sept. 28, 1971, 85 Stat. 361; Pub. L. 96–513, title V, §501(7), Dec. 12, 1980, 94 Stat. 2907; renumbered §12203 and amended Pub. L. 103–337, div. A, title XVI, §§1632, 1662(c)(2), 1675(b)(1), Oct. 5, 1994, 108 Stat. 2965, 2990, 3017; Pub. L. 104–106, div. A, title XV, §1501(a)(6), Feb. 10, 1996, 110 Stat. 495; Pub. L. 108–375, div. A, title V, §501(c)(4), Oct. 28, 2004, 118 Stat. 1874; Pub. L. 111–383, div. A, title X, §1075(b)(54), Jan. 7, 2011, 124 Stat. 4372; Pub. L. 116–92, div. A, title V, §501(b), Dec. 20, 2019, 133 Stat. 1343.)

Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
593(a)

 

593(b)

50:942.

50:943.

50:945.

50:948 (less 3d and 4th sentences, as applicable to commissioned officers).

July 9, 1952, ch. 608, §§218, 219, 221, 224 (less 3d and 4th sentences, as applicable to commissioned officers), 66 Stat. 487.

In subsection (a), the word "alone" is inserted for clarity. The exception as to commissioned warrant officers is inserted to reflect section 597 of this title, since reserve chief warrant officers of the Navy, Marine Corps, and Coast Guard are appointed by commission by the Secretary concerned.

In subsection (b), 50:948 (2d and last sentences) is omitted as executed.

1958 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
593(a) [No source]. [No source].

The exception is inserted to reflect section 3352(b) of title 10, United States Code.

Amendments

2019—Subsec. (b). Pub. L. 116–92 substituted "the Secretary of Defense" for "the Secretary concerned".

2011—Subsec. (a). Pub. L. 111–383 substituted "of" for "above" in first sentence.

2004—Subsecs. (b), (c). Pub. L. 108–375 added subsec. (b) and redesignated former subsec. (b) as (c).

1996—Subsec. (a). Pub. L. 104–106 made technical correction to directory language of Pub. L. 103–337, §1632. See 1994 Amendment note below.

1994Pub. L. 103–337, §1662(c)(2), renumbered section 593 of this title as this section.

Subsec. (a). Pub. L. 103–337, §1675(b), substituted "12213, or 12214" for "3352, or 8352".

Pub. L. 103–337, §1632, as amended by Pub. L. 104–106, substituted "reserve officers in commissioned grades of lieutenant colonel and commander or below" for "Reserves in commissioned grades below lieutenant colonel and commander" and "reserve officers in commissioned grades above lieutenant colonel and commander" for "Reserves in commissioned grades above major and lieutenant commander".

1980—Subsec. (a). Pub. L. 96–513 inserted reference to section 624 of this title.

1971—Subsec. (a). Pub. L. 92–129 substituted "below lieutenant colonel and commander" for "below general officer and flag officer", "in commissioned grades above major and lieutenant commander" for "as general and flag officers", and "section 3352 or 8352 of this title" for "section 3352 of this title".

1958—Subsec. (a). Pub. L. 85–861 inserted ", except as provided in section 3352 of this title" after "consent of the Senate".

Effective Date of 2004 Amendment

Amendment by Pub. L. 108–375 effective on the first day of the first month beginning more than 180 days after Oct. 28, 2004, see section 501(g) of Pub. L. 108–375, set out as a note under section 531 of this title.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

Effective Date of 1994 Amendment

Amendment by sections 1662(c)(2) and 1675(b)(1) of Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, and amendment by section 1632 of Pub. L. 103–337 effective Oct. 1, 1996, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

Delegation of Functions

For assignment of functions of President under first sentence of subsec. (a) of this section, see sections 1(b) and 2(b) of Ex. Ord. No. 13358, Sept. 28, 2004, 69 F.R. 58797, set out as a note under section 301 of Title 3, The President.

Indefinite Appointments for Certain Reserve Officers

Act Aug. 10, 1956, ch. 1041, §41, 70A Stat. 636, provided that: "Each person who was a reserve officer on July 9, 1952, and who did not hold an appointment for an indefinite term on that date, shall be given an appointment for an indefinite term in place of the appointment he then held, if after written notification by competent authority before July 2, 1953, the officer agrees in writing to have that appointment continued for an indefinite term. In the event such officer does not agree in writing, the term of his current appointment shall not be changed by this section."

§12204. Commissioned officers: original appointment; limitation

(a) No person may be appointed as a Reserve in a commissioned grade above major or lieutenant commander, unless—

(1) he was formerly a commissioned officer of an armed force; or

(2) such an appointment is recommended by a board of officers convened by the Secretary concerned.


(b) This section does not apply to adjutants general and assistant adjutants general of the several States, Puerto Rico, and the District of Columbia.

(Aug. 10, 1956, ch. 1041, 70A Stat. 25, §594; Pub. L. 100–456, div. A, title XII, §1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; renumbered §12204, Pub. L. 103–337, div. A, title XVI, §1662(c)(2), Oct. 5, 1994, 108 Stat. 2990; Pub. L. 109–163, div. A, title X, §1057(a)(2), Jan. 6, 2006, 119 Stat. 3440.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
594(a) 50:941(c) (less 1st 21 words). July 9, 1952, ch. 608 §217(c), 66 Stat. 487.
594(b) 50:941(c) (1st 21 words).

In subsection (a), the words "unless * * * he was formerly" are substituted for the words "has not held an appointment as". The words "or any component thereof" are omitted as surplusage.

Amendments

2006—Subsec. (b). Pub. L. 109–163 struck out "and Territories" after "States".

1994Pub. L. 103–337 renumbered section 594 of this title as this section.

1988—Subsec. (b). Pub. L. 100–456 struck out "the Canal Zone," after "Puerto Rico,".

§12205. Commissioned officers: appointment; educational requirement

(a) In General.—No person may be appointed to a grade above the grade of first lieutenant in the Army Reserve, Air Force Reserve, or Marine Corps Reserve or to a grade above the grade of lieutenant (junior grade) in the Navy Reserve, or be federally recognized in a grade above the grade of first lieutenant as a member of the Army National Guard or Air National Guard, unless that person has been awarded a baccalaureate degree by a qualifying educational institution.

(b) Exceptions.—Subsection (a) does not apply to the following:

(1) The appointment to or recognition in a higher grade of a person who is appointed in or assigned for service in a health profession for which a baccalaureate degree is not a condition of original appointment or assignment.

(2) The appointment in the Navy Reserve or Marine Corps Reserve of a person appointed for service as an officer designated as a limited duty officer.

(3) The appointment in the Navy Reserve of a person appointed for service under the Naval Aviation Cadet (NAVCAD) program or the Seaman to Admiral program.

(4) The appointment to or recognition in a higher grade of any person who was appointed to, or federally recognized in, the grade of captain or, in the case of the Navy, lieutenant before October 1, 1995.

(5) Recognition in the grade of captain or major in the Alaska Army National Guard of a person who resides permanently at a location in Alaska that is more than 50 miles from each of the cities of Anchorage, Fairbanks, and Juneau, Alaska, by paved road and who is serving in a Scout unit or a Scout supporting unit.


(c) Qualifying Educational Institutions.—(1) A qualifying educational institution for purposes of this section is an educational institution that is accredited or that meets the requirements of paragraph (2).

(2)(A) An unaccredited educational institution shall be considered to be a qualifying educational institution for purposes of the appointment or recognition of a person who is a graduate of that institution if the Secretary concerned determines that (as of the year of the graduation of that person from that institution) at least three educational institutions that are accredited and that maintain Reserve Officers' Training Corps programs each generally grant baccalaureate degree credit for completion of courses of the unaccredited institution equivalent to the baccalaureate degree credit granted by the unaccredited institution for the completion of those courses.

(B) In order to assist the Secretary concerned in making determinations under subparagraph (A), any unaccredited institution that seeks to be considered to be a qualifying educational institution for purposes of this paragraph shall submit to the Secretary of Defense each year such information as the Secretary may require concerning the program of instruction at that institution.

(C) In the case of a person with a degree from an unaccredited institution that is a qualifying educational institution under this paragraph, the degree may not have been awarded more than eight years before the date on which the person is to be appointed to, or recognized in, the grade of captain or, in the case of the Navy Reserve, lieutenant, in order for that person to be considered for purposes of subsection (a) to have been awarded a baccalaureate degree by a qualifying educational institution.

(d) Waiver Authority for Army OCS Graduates and Certain Marine Corps Officers.—(1) The Secretary of the Army may waive the applicability of subsection (a) to any officer whose original appointment in the Army as a Reserve officer is through the Army Officer Candidate School program.

(2) The Secretary of the Navy may waive the applicability of subsection (a) to any officer whose original appointment in the Marine Corps as a Reserve officer is through the Marine Corps meritorious commissioning program.

(3) Any such waiver shall be made on a case-by-case basis, considering the individual circumstances of the officer involved, and may continue in effect for no more than two years after the waiver is granted. The Secretary concerned may provide for such a waiver to be effective before the date of the waiver, as appropriate in an individual case.

(Added Pub. L. 102–484, div. A, title V, §515(a), Oct. 23, 1992, 106 Stat. 2406, §596; renumbered §12205 and amended Pub. L. 103–337, div. A, title V, §§519, 520, title XVI, §1662(c)(2), Oct. 5, 1994, 108 Stat. 2755, 2990; Pub. L. 104–201, div. A, title V, §§504, 505, title X, §1074(a)(22), Sept. 23, 1996, 110 Stat. 2512, 2660; Pub. L. 107–107, div. A, title V, §512(a), Dec. 28, 2001, 115 Stat. 1092; Pub. L. 109–163, div. A, title V, §515(b)(1)(KK), Jan. 6, 2006, 119 Stat. 3234.)

Prior Provisions

Provisions similar to those in this section were contained in Pub. L. 102–190, div. A, title V, §523, Dec. 5, 1991, 105 Stat. 1363, which was set out as a note under section 591 [now 12201] of this title, prior to repeal by Pub. L. 103–35, §203(a).

Amendments

2006—Subsecs. (a), (b)(2), (3), (c)(2)(C). Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve".

2001—Subsec. (d). Pub. L. 107–107 added subsec. (d).

1996—Subsec. (a). Pub. L. 104–201, §1074(a)(22), substituted "No person" for "After September 30, 1995, no person".

Subsec. (b)(3). Pub. L. 104–201, §505, inserted "or the Seaman to Admiral program" after "(NAVCAD) program".

Subsec. (c)(2)(C). Pub. L. 104–201, §504, substituted "eight years" for "three years".

1994Pub. L. 103–337, §1662(c)(2), renumbered section 596 of this title as this section.

Subsec. (a). Pub. L. 103–337, §519(1), substituted "a qualifying educational institution" for "an accredited educational institution".

Subsec. (b)(2), (3). Pub. L. 103–337, §520(b), substituted "a person" for "an individual".

Subsec. (b)(5). Pub. L. 103–337, §520(a), added par. (5).

Subsec. (c). Pub. L. 103–337, §519(2), added subsec. (c).

Effective Date of 2001 Amendment

Pub. L. 107–107, div. A, title V, §512(b), Dec. 28, 2001, 115 Stat. 1092, provided that: "Subsection (d) of section 12205 of title 10, United States Code, as added by subsection (a), shall apply with respect to officers appointed before, on, or after the date of the enactment of this Act [Dec. 28, 2001]."

Authority for Temporary Waiver for Certain Army Reserve Officers of Baccalaureate Degree Requirement for Promotion of Reserve Officers

Pub. L. 105–261, div. A, title V, §516, Oct. 17, 1998, 112 Stat. 2008, provided that:

"(a) Waiver Authority for Army OCS Graduates.—The Secretary of the Army may waive the applicability of section 12205(a) of title 10, United States Code, to any officer who before the date of the enactment of this Act [Oct. 17, 1998] was commissioned through the Army Officer Candidate School. Any such waiver shall be made on a case-by-case basis, considering the individual circumstances of the officer involved, and may continue in effect for no more than 2 years after the waiver is granted. The Secretary may provide for such a waiver to be effective before the date of the waiver, as appropriate in an individual case.

"(b) Expiration of Authority.—A waiver under this section may not be granted after September 30, 2000."

§12206. Commissioned officers: appointment of former commissioned officers

Under regulations prescribed by the Secretary of Defense, a person who is a former commissioned officer may, if otherwise qualified, be appointed as a reserve officer of the Army, Navy, Air Force, or Marine Corps. A person so appointed—

(1) may be placed on the reserve active-status list of that armed force in the grade equivalent to the permanent regular or reserve grade, and in the same competitive category, in which the person previously served satisfactorily on active duty or in an active status; and

(2) may be credited for the purpose of determining date of rank under section 741(d) of this title with service in grade equal to that held by that person when discharged or separated.

(Added §596a and renumbered §12206, Pub. L. 103–337, div. A, title XVI, §§1633, 1662(c)(2), Oct. 5, 1994, 108 Stat. 2965, 2990.)

Amendments

1994Pub. L. 103–337, §1662(c)(2), renumbered section 596a of this title as this section.

Effective Date

Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title.

§12207. Commissioned officers: service credit upon original appointment

(a)(1) For the purpose of determining the grade and the rank within grade of a person receiving an original appointment as a reserve commissioned officer (other than a commissioned warrant officer) in the Army, Navy, Air Force, or Marine Corps, the person shall be credited at the time of the appointment with any commissioned service (other than service as a commissioned warrant officer) performed before such appointment as a regular officer, or as a reserve officer in an active status, in any armed force, the National Oceanic and Atmospheric Administration, or the Public Health Service.

(2) The Secretary of Defense shall prescribe regulations, which shall apply uniformly among the Army, Navy, Air Force, and Marine Corps, to authorize the Secretary of the military department concerned to limit the amount of prior commissioned service with which a person receiving an original appointment may be credited under paragraph (1), or to deny any such credit, in the case of a person who at the time of such appointment is credited with constructive service under subsection (b) or (e).

(b)(1) Under regulations prescribed by the Secretary of Defense, a person who is receiving an original appointment as a reserve commissioned officer (other than a commissioned warrant officer) of the Army, Navy, Air Force, or Marine Corps, or a designation in, or an assignment to, an officer category in which advanced education or training is required and who has advanced education or training, shall be credited with constructive service for such education, training, or experience, as follows:

(A) One year for each year of advanced education beyond the baccalaureate degree level, for persons appointed or designated in, or assigned to, officer categories requiring such advanced education or an advanced degree as a prerequisite for such appointment, designation, or assignment. In determining the number of years of constructive service to be credited under this subparagraph to officers in any professional field, the Secretary concerned shall credit an officer with, but with not more than, the number of years of advanced education required by a majority of institutions that award degrees in that professional field for completion of the advanced education or award of the advanced degree.

(B)(i) Credit for any period of advanced education in a health profession (other than medicine and dentistry) beyond the baccalaureate degree level which exceeds the basic education criteria for such appointment, designation, or assignment, if such advanced education will be directly used by the armed force concerned.

(ii) Credit for experience in a health profession (other than medicine or dentistry), if such experience will be directly used by the armed force concerned.

(C) Additional credit of (i) not more than one year for internship or equivalent graduate medical, dental, or other formal health professional training required by the armed forces, and (ii) not more than one year for each additional year of such graduate-level training or experience creditable toward certification in a speciality required by the armed force concerned.

(D) Additional credit for special training or experience in a particular officer career field as designated by the Secretary concerned, if such training or experience is directly related to the operational needs of the armed force concerned.

(E) Additional credit for experience as a physician or dentist, if appointed, assigned, or designated as a medical or dental officer.


(2)(A) If the Secretary of Defense determines that the number of officers in a health profession described in subparagraph (B) who are serving in an active status in a reserve component of the Army, Navy, or Air Force in grades below major or lieutenant commander is critically below the number needed in such health profession by such reserve component in such grades, the Secretary of Defense may authorize the Secretary of the military department concerned to credit any person who is receiving an original appointment as an officer for service in such health profession with a period of constructive credit in such amount (in addition to any amount credited such person under paragraph (1)) as will result in the grade of such person being that of captain or, in the case of the Navy Reserve, lieutenant.

(B) The types of health professions referred to in subparagraph (A) include the following:

(i) Any health profession performed by officers in the Medical Corps of the Army or the Navy or by officers of the Air Force designated as a medical officer.

(ii) Any health profession performed by officers in the Dental Corps of the Army or the Navy or by officers of the Air Force designated as a dental officer.

(iii) Any health profession performed by officers in the Medical Service Corps of the Army or the Navy or by officers of the Air Force designated as a medical service officer or biomedical sciences officer.

(iv) Any health profession performed by officers in the Army Medical Specialist Corps.

(v) Any health profession performed by officers of the Nurse Corps of the Army or the Navy or by officers of the Air Force designated as a nurse.

(vi) Any health profession performed by officers in the Veterinary Corps of the Army or by officers designated as a veterinary officer.


(3) The amount of constructive service credit credited to an officer under this subsection may not exceed the amount required in order for the officer to be eligible for an original appointment as a reserve officer of the Army, Air Force, or Marine Corps in the grade of colonel or as a reserve officer of the Navy in the grade of captain.

(4) Constructive service credited an officer under this subsection is in addition to any service credited that officer under subsection (a) and shall be credited at the time of the original appointment of the officer or assignment to or designation in an officer category in which advanced education or training or special experience is required.

(c) Constructive service may not be credited under subsection (b) for education, training, or experience obtained while serving as a commissioned officer (other than a warrant officer) on active duty or in an active status. However, in the case of an officer who completes advanced education or receives an advanced degree while on active duty or in an active status and in less than the number of years normally required to complete such advanced education or receive such advanced degree, constructive service may, subject to regulations prescribed under subsection (a)(2), be credited to the officer under subsection (b)(1)(A) to the extent that the number of years normally required to complete such advanced education or receive such advanced degree exceeds the actual number of years in which such advanced education or degree is obtained by the officer.

(d) If the Secretary of Defense determines that the number of qualified judge advocates serving on the active-duty list of the Army, Navy, Air Force, or Marine Corps in grades below lieutenant commander or major is critically below the number needed by that armed force in those grades, the Secretary of Defense may authorize the Secretary of the military department concerned to credit any person who is receiving an original appointment with a view to assignment to the Judge Advocate General's Corps of the Army or appointment to the Judge Advocate General's Corps of the Navy, or who is receiving an original appointment in the Air Force or Marine Corps with a view to designation as a judge advocate, with a period of constructive service in such an amount (in addition to any amount credited such person under subsection (b)) as will result in the grade of such person being that of captain or, in the case of the Navy, lieutenant, and the date of rank of such person being junior to that of all other officers of the same grade serving on the active-duty list.

(e) Constructive service credited an officer under subsection (b) or (d) shall be used only for determining the officer's—

(1) initial grade as a reserve officer;

(2) rank in grade; and

(3) service in grade for promotion eligibility.


(f) The grade and position on the reserve active-status list of a person receiving an appointment as a reserve officer who at the time of appointment is credited with service under this section shall be determined under regulations prescribed by the Secretary of Defense based upon the amount of service credited.

(Added §596b and renumbered §12207, Pub. L. 103–337, div. A, title XVI, §§1634, 1662(c)(2), Oct. 5, 1994, 108 Stat. 2965, 2990; amended Pub. L. 109–163, div. A, title V, §515(b)(1)(LL), Jan. 6, 2006, 119 Stat. 3234; Pub. L. 110–181, div. A, title V, §512, Jan. 28, 2008, 122 Stat. 98; Pub. L. 115–91, div. A, title V, §512(a), Dec. 12, 2017, 131 Stat. 1376; Pub. L. 115–232, div. A, title V, §502(b), Aug. 13, 2018, 132 Stat. 1739.)

Prior Provisions

Provisions similar to those in this section were contained in sections 3353, 5600, and 8353 of this title, prior to repeal by Pub. L. 103–337, §1629(a)(1), (c)(1) and Pub. L. 104–106, §1501(c)(26).

Amendments

2018—Subsec. (b)(1)(D). Pub. L. 115–232, §502(b)(1)(A), added subpar. (D) and struck out former subpar. (D) which read as follows: "Additional credit, in unusual cases, based on special experience in a particular field."

Subsec. (b)(3). Pub. L. 115–232, §502(b)(1)(B), added par. (3) and struck out former par. (3) which read as follows: "Except as authorized by the Secretary concerned in individual cases and under regulations prescribed by the Secretary of Defense in the case of officers covered by paragraph (2), the amount of constructive service credited an officer under this subsection may not exceed the amount required in order for the officer to be eligible for an original appointment as a reserve officer of the Army, Air Force, or Marine Corps in the grade of major or as a reserve officer of the Navy in the grade of lieutenant commander."

Subsecs. (e) to (g). Pub. L. 115–232, §502(b)(2), redesignated subsecs. (f) and (g) as (e) and (f), respectively, substituted "or (d)" for ", (d), or (e)" in introductory provisions of subsec. (e), and struck out former subsec. (e) which related to constructive service credited to commissioned officers with cyberspace-related experience or advanced education in reserve active-status.

2017—Subsec. (a)(2). Pub. L. 115–91, §512(a)(1), inserted "or (e)" after "subsection (b)".

Subsec. (e). Pub. L. 115–91, §512(a)(3), added subsec. (e). Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 115–91, §512(a)(2), (4), redesignated subsec. (e) as (f) and substituted ", (d), or (e)" for "or (d)". Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 115–91, §512(a)(2), redesignated subsec. (f) as (g).

2008—Subsec. (b)(2). Pub. L. 110–181, §512(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "If the Secretary of Defense determines that the number of medical or dental officers serving in an active status in a reserve component of the Army, Navy, or Air Force in grades below major or lieutenant commander is critically below the number needed by such reserve component in such grades, the Secretary of Defense may authorize the Secretary of the military department concerned to credit any person who is receiving an original appointment for service as a medical or dental officer with a period of constructive credit in such amount (in addition to any amount credited such person under subsection (b)) as will result in the grade of such person being that of captain or, in the case of the Navy Reserve, lieutenant."

Subsec. (b)(3). Pub. L. 110–181, §512(b), substituted "officers covered by paragraph (2)" for "a medical or dental officer".

2006—Subsec. (b)(2). Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve".

1994Pub. L. 103–337, §1662(c)(2), renumbered section 596b of this title as this section.

Effective Date

Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title.

§12208. Officers: appointment upon transfer

(a) A person who would otherwise be required to be transferred to a reserve component under section 651 of this title or under the Military Selective Service Act (50 U.S.C. 3801 et seq.), is entitled, if he is qualified and accepted, to be appointed as an officer of any armed force that he chooses and to participate in the programs authorized for that armed force. However, unless the two Secretaries concerned consent, he may not be appointed as a Reserve of an armed force other than that from which he is transferred. All periods of his participation shall be credited against the total period of service required of him under section 651 of this title or under the Military Selective Service Act (50 U.S.C. 3801 et seq.). However, no period may be credited more than once.

(b) A person covered by subsection (a) shall perform the rest of his required term of service in the armed force in which he is so appointed or in any other armed force in which he is later appointed or enlisted.

(c) This section does not change any term of service under an appointment, enlistment, or agreement, including an agreement made before or at the time when the member entered upon a program authorized by an armed force.

(Aug. 10, 1956, ch. 1041, 70A Stat. 25, §595; Pub. L. 96–513, title V, §511(17), Dec. 12, 1980, 94 Stat. 2921; renumbered §12208, Pub. L. 103–337, div. A, title XVI, §1662(c)(2), Oct. 5, 1994, 108 Stat. 2990; Pub. L. 114–328, div. A, title X, §1081(b)(1)(A)(ix), Dec. 23, 2016, 130 Stat. 2418.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
595(a)

 

 

595(b)

50:929(a) (less 2d sentence, less applicability to enlistments).

50:929(a) (2d sentence, and less applicability to enlistments).

July 9, 1952, ch. 608, §209 (less applicability to enlistments), 66 Stat. 484.
595(c) 50:929(b) (less applicability to enlistments).

In subsection (a), the words "is entitled * * * to be appointed as an officer of any armed force that he chooses" are substituted for the words "shall be permitted to * * * accept an appointment in such armed force of the United States as he may elect". The last sentence is substituted for 50:929(a) (words within parentheses). The words "of an armed force of the United States" are omitted as surplusage.

In subsection (b), the word "rest" is substituted for the words "remaining period". The words "be required to" are omitted as surplusage.

In subsection (c), the words "This section does not" are substituted for the words "Nothing in this section shall be construed". The word "change" is substituted for the words "reduce, limit, or modify". The words "which any person may undertake to perform" are omitted as surplusage.

References in Text

The Military Selective Service Act, referred to in subsec. (a), is title I of act June 24, 1948, ch. 625, 62 Stat. 604, which is classified principally to chapter 49 (§3801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see References in Text note set out under section 3801 of Title 50 and Tables.

Amendments

2016—Subsec. (a). Pub. L. 114–328 substituted "(50 U.S.C. 3801 et seq.)" for "(50 U.S.C. App. 451 et seq.)" in two places.

1994Pub. L. 103–337 renumbered section 595 of this title as this section.

1980—Subsec. (a). Pub. L. 96–513 substituted "the Military Selective Service Act (50 U.S.C. App. 451 et seq.)" for "sections 451–473 of title 50, appendix" wherever appearing.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

§12209. Officer candidates: enlisted Reserves

(a) Within such numbers as the Secretary concerned may prescribe, enlisted Reserves may, with their consent, be selected for training as officer candidates. Enlisted Reserves so selected shall be designated as officer candidates during that training. However, no member of the Army National Guard of the United States or the Air National Guard of the United States may be so selected or designated unless—

(1) he is on active duty; or

(2) the governor or other appropriate authority of the jurisdiction concerned consents.


(b) The enlistment or term of service of a Reserve who is designated as an officer candidate under this section is extended to include any period, beyond its normal expiration date, during which he is an officer candidate.

(c) While he is on active duty, other than active duty for training without pay, or performing authorized travel to and from that duty, an officer candidate designated under this section is entitled to the pay and allowances of his enlisted grade, but not less than those prescribed for pay grade E–2.

(d) An officer candidate designated under this section may not participate in the program of a reserve officer training corps of any armed force.

(Aug. 10, 1956, ch. 1041, 70A Stat. 26, §600; renumbered §12209, Pub. L. 103–337, div. A, title XVI, §1662(c)(3), Oct. 5, 1994, 108 Stat. 2990; Pub. L. 104–106, div. A, title XV, §1501(b)(12)(A), Feb. 10, 1996, 110 Stat. 496.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
600(a)

600(b)

600(c)

600(d)

50:935(a).

50:954(a).

50:973.

50:954(b).

July 9, 1952, ch. 608, §§215(a), 230, 242, 66 Stat. 486, 489, 492.

In subsection (a), the words "who is not in active Federal service" are substituted for the words "when not in the active military service of the United States". The word "during" is substituted for the words "for the period of".

In subsection (c), the words "active duty other than active duty for training without pay" are substituted for the words "active duty or active duty for training with pay". The words "enlisted members of the reserve components designated as", "enlisted", and "under the Career Compensation Act of 1949, as amended" are omitted as surplusage.

Amendments

1996Pub. L. 104–106 substituted "candidates: enlisted Reserves" for "candidates" in section catchline.

1994Pub. L. 103–337 renumbered section 600 of this title as this section.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

§12210. Attending Physician to the Congress: reserve grade

While serving as Attending Physician to the Congress, a Reserve holds the reserve grade of major general or rear admiral, as appropriate.

(Added Pub. L. 99–661, div. A, title V, §508(d)(1)(A), Nov. 14, 1986, 100 Stat. 3867, §600a; renumbered §12210, Pub. L. 103–337, div. A, title XVI, §1662(c)(3), Oct. 5, 1994, 108 Stat. 2990; amended Pub. L. 104–106, div. A, title XV, §1501(b)(12)(B), Feb. 10, 1996, 110 Stat. 496; Pub. L. 109–364, div. A, title V, §507(a)(2)(A), (B), Oct. 17, 2006, 120 Stat. 2180.)

Amendments

2006Pub. L. 109–364 struck out "while so serving" after "reserve grade" in section catchline and substituted "holds the reserve grade of major general or rear admiral, as appropriate" for "who holds a reserve grade lower than major general or rear admiral shall hold the reserve grade of major general or rear admiral, as appropriate, if appointed to that grade by the President, by and with the advice and consent of the Senate" in text.

1996Pub. L. 104–106 substituted "Congress: reserve grade while so serving" for "Congress" in section catchline.

1994Pub. L. 103–337 renumbered section 600a of this title as this section.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

Effective Date

Pub. L. 99–661, div. A. title V, §508(f), Nov. 14, 1986, 100 Stat. 3868, provided that: "The amendments made by this section [enacting this section and amending sections 1374, 4335, 5149, and 9335 of this title] shall apply only with respect to appointments or details made on or after the date of the enactment of this Act [Nov. 14, 1986]."

§12211. Officers: Army National Guard of the United States

(a) Upon being federally recognized, an officer of the Army National Guard shall be appointed as a Reserve for service as a member of the Army National Guard of the United States in the grade that he holds in the Army National Guard. However, an officer of the Army Reserve who is federally recognized as an officer of the Army National Guard becomes an officer of the Army National Guard of the United States and ceases to be an officer of the Army Reserve. The acceptance of an appointment as a Reserve for service as a member of the Army National Guard of the United States by an officer of the Army National Guard does not vacate his office in the Army National Guard.

(b) When an officer of the Army National Guard to whom temporary Federal recognition has been extended is appointed as a Reserve for service as a member of the Army National Guard of the United States, his appointment shall bear the date of the temporary recognition and shall be considered to have been accepted and effective on that date.

(c) When the Army National Guard of the United States is ordered to active duty, any officer of the Army National Guard who is not a Reserve of the Army may be appointed by the President as a Reserve for service as a member of the Army National Guard of the United States in the grade that he holds in the Army National Guard.

(Aug. 10, 1956, ch. 1041, 70A Stat. 193, §3351; renumbered §12211, Pub. L. 103–337, div. A, title XVI, §1662(c)(3), Oct. 5, 1994, 108 Stat. 2990; Pub. L. 104–106, div. A, title XV, §1501(b)(13)(A), Feb. 10, 1996, 110 Stat. 496.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
3351(a)

 

3351(b)

3351(c)

50:1113 (less (a)).

50:1115(a) (last 39 words).

50:1114 (2d sentence).

50:1123 (less (a)).

July 9, 1952, ch. 608, §§703 (less (a)), 704 (2d sentence), 705(a) (last 39 words), 713 (less (a)), 66 Stat. 502–504.

In subsection (a), the words "as a Reserve" are substituted for the words "as Reserve officers of the appropriate Armed Force of the United States" and "as a Reserve officer of the Armed Force of the United States concerned", in 50:1113(b). The words "federally recognized appointments" and "in the same grade and branch", in 50:1113(b), are omitted as surplusage. The words "those officers who do not hold appointments as Reserve officers of the appropriate Armed Force of the United States", in 50:1113(b), are omitted as covered by the second sentence of the revised subsection.

In subsection (c), the words "active duty" are substituted for the words "active military service of the United States". The words "and branch" are omitted as surplusage. The words "of the Army National Guard of the United States" are inserted for clarity.

Amendments

1996Pub. L. 104–106 inserted "the" after "National Guard of" in section catchline.

1994Pub. L. 103–337 renumbered section 3351 of this title as this section.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

§12212. Officers: Air National Guard of the United States

(a) Upon being federally recognized, an officer of the Air National Guard shall be appointed as a Reserve for service as a member of the Air National Guard of the United States in the grade that he holds in the Air National Guard. However, an officer of the Air Force Reserve who is federally recognized as an officer of the Air National Guard becomes an officer of the Air National Guard of the United States and ceases to be an officer of the Air Force Reserve. The acceptance of an appointment as a Reserve for service as a member of the Air National Guard of the United States by an officer of the Air National Guard does not vacate his office in the Air National Guard.

(b) When an officer of the Air National Guard to whom temporary Federal recognition has been extended is appointed as a Reserve for service as a member of the Air National Guard of the United States, his appointment shall bear the date of the temporary recognition and shall be considered to have been accepted and effective on that date.

(c) When the Air National Guard of the United States is ordered to active duty, any officer of the Air National Guard who is not a Reserve of the Air Force may be appointed by the President as a Reserve for service as a member of the Air National Guard of the United States in the grade that he holds in the Air National Guard.

(Aug. 10, 1956, ch. 1041, 70A Stat. 519, §8351; renumbered §12212, Pub. L. 103–337, div. A, title XVI, §1662(c)(3), Oct. 5, 1994, 108 Stat. 2990; Pub. L. 104–106, div. A, title XV, §1501(b)(13)(A), Feb. 10, 1996, 110 Stat. 496.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8351(a)

 

8351(b)

8351(c)

50:1113 (less (a)).

50:1115(a) (last 39 words).

50:1114 (2d sentence).

50:1123 (less (a)).

July 9, 1952, ch. 608, §§703 (less (a)), 704 (2d sentence), 705(a) (last 39 words), 713 (less (a)), 66 Stat. 502–504.

In subsection (a), the words "as a Reserve" are substituted for the words "as Reserve officers of the appropriate Armed Force of the United States" and "as a Reserve officer of the Armed Force of the United States concerned" in 50:1113(b). The words "federally recognized appointments" and "in the same grade and branch", in 50:1113(b), are omitted as surplusage. The words "those officers who do not hold appointments as reserve officers of the appropriate Armed Force of the United States", in 50:1113(b), are omitted as covered by the second sentence of the revised subsection.

In subsection (c), the words "active duty" are substituted for the words "active military service of the United States". The words "and branch" are omitted as surplusage. The words "of the Air National Guard of the United States" are inserted for clarity.

Amendments

1996Pub. L. 104–106 inserted "the" after "National Guard of" in section catchline.

1994Pub. L. 103–337 renumbered section 8351 of this title as this section.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

§12213. Officers; Army Reserve: transfer from Army National Guard of the United States

(a) Under such regulations as the Secretary of the Army may prescribe, and with the consent of the governor or other appropriate authority of the State concerned, an officer of the Army National Guard of the United States may be transferred in grade to the Army Reserve.

(b) Unless discharged from his appointment as a Reserve, an officer of the Army National Guard of the United States whose Federal recognition as a member of the Army National Guard is withdrawn becomes a member of the Army Reserve. An officer who so becomes a member of the Army Reserve ceases to be a member of the Army National Guard of the United States.

(Aug. 10, 1956, ch. 1041, 70A Stat. 194, §3352; Pub. L. 85–861, §1(80)(A), Sept. 2, 1958, 72 Stat. 1468; Pub. L. 86–559, §1(7), June 30, 1960, 74 Stat. 265; Pub. L. 100–456, div. A, title XII, §1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; renumbered §12213 and amended Pub. L. 103–337, div. A, title XVI, §§1636(a), 1662(c)(3), 1675(b)(2), Oct. 5, 1994, 108 Stat. 2968, 2990, 3017; Pub. L. 104–106, div. A, title XV, §1501(b)(13)(A), (14), Feb. 10, 1996, 110 Stat. 496.)

Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
3352(a)

 

 

 

3352(b)

50:1116 (less last 15 words of 1st sentence, and less applicability to enlistments).

50:1117 (less applicability to enlistments).

July 9, 1952, ch. 608, §§706 (less last 15 words of 1st sentence, and less applicability to enlistments), 707 (less applicability to enlistments), 66 Stat. 503.

In subsection (a), the words "at any time", "of any person", and "from the National Guard of the United States or from the Air National Guard of the United States" are omitted as surplusage. The words "highest regular or reserve grade ever held by him in the Army" are substituted for the words "highest permanent grade previously held in the Army or any component thereof", since "permanent" grades are held only in a component and there are no "non-permanent" grades held in a component.

In subsection (b), the words "appointment as a Reserve" are substituted for the words "appointment or * * * as a Reserve officer or". The words "whose Federal recognition as a member * * * is withdrawn" are substituted for the words "ceases to hold a status as a federally recognized member".

1958 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
3352(a) 50:1254. Sept. 3, 1954, ch. 1257, §322, 68 Stat. 1161.

Amendments

1996Pub. L. 104–106, §1501(b)(13)(A), inserted "the" after "National Guard of" in section catchline.

Subsec. (a). Pub. L. 104–106, §1501(b)(14), substituted "section 12203" for "section 593" in last sentence.

1994Pub. L. 103–337, §1662(c)(3), renumbered section 3352 of this title as this section.

Subsec. (a). Pub. L. 103–337, §1675(b), struck out "or Territory, Puerto Rico, or the District of Columbia, whichever is" after "authority of the State".

Pub. L. 103–337, §1636(a), struck out at end "Notwithstanding any other provision of this chapter or section 12203 of this title, an officer who is transferred under this section shall be advanced to the highest temporary, regular, or reserve grade ever held by him in the Army, unless the Secretary determines that it is not in the best interests of the service."

1988—Subsec. (a). Pub. L. 100–456 struck out "the Canal Zone," after "Puerto Rico,".

1960—Subsec. (a). Pub. L. 86–559 authorized officers transferred under this section to be advanced to the highest temporary grade ever held in the Army.

1958—Subsec. (a). Pub. L. 85–861 substituted "Notwithstanding any other provision of this chapter or section 593 of this title, an officer who is transferred under this section shall be advanced to the highest regular or reserve grade ever held by him in the Army, unless the Secretary determines that it is not in the best interests of the service" for "Upon transfer, he is eligible for promotion to the highest regular or reserve grade ever held by him in the Army, if his service has been honorable".

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

Effective Date of 1994 Amendments

Pub. L. 104–106, div. A, title XV, §1501(f)(1), Feb. 10, 1996, 110 Stat. 501, provided that: "Section 1636 of the Reserve Officer Personnel Management Act [Pub. L. 103–337, amending this section and repealing sections 8356 and 8379 of this title] shall take effect on the date of the enactment of this Act [Feb. 10, 1996]."

Amendment by sections 1662(c)(3) and 1675(b)(2) of 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.

§12214. Officers; Air Force Reserve: transfer from Air National Guard of the United States

(a) Under such regulations as the Secretary of the Air Force may prescribe, and with the consent of the governor or other appropriate authority of the State concerned, an officer of the Air National Guard of the United States may be transferred in grade to the Air Force Reserve.

(b) Unless discharged from his appointment as a Reserve, an officer of the Air National Guard of the United States whose Federal recognition as a member of the Air National Guard is withdrawn becomes a member of the Air Force Reserve. An officer who so becomes a member of the Air Force Reserve ceases to be a member of the Air National Guard of the United States.

(Aug. 10, 1956, ch. 1041, 70A Stat. 520, §8352; Pub. L. 87–651, title I, §126, Sept. 7, 1962, 76 Stat. 514; Pub. L. 100–456, div. A, title XII, §1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; renumbered §12214 and amended Pub. L. 103–337, div. A, title XVI, §§1662(c)(3), 1675(b)(2), Oct. 5, 1994, 108 Stat. 2990, 3017; Pub. L. 104–106, div. A, title XV, §1501(b)(13)(A), Feb. 10, 1996, 110 Stat. 496.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8352(a)

 

 

 

8352(b)

50:1116 (less last 15 words of 1st sentence, and less applicability to enlistments).

50:1117 (less applicability to enlistments).

July 9, 1952, ch. 608, §§706 (less last 15 words of 1st sentence, and less applicability to enlistments), 707 (less applicability to enlistments), 66 Stat. 503.

In subsection (a), the words "at any time", "of any person", and "from the National Guard of the United States or from the Air National Guard of the United States" are omitted as surplusage. The words "highest regular or reserve grade ever held by him in the Air Force" are substituted for the words "highest permanent grade previously held in * * * the Air Force or any component thereof", since "permanent" grades are held only in a component and there are no "nonpermanent" grades held in a component.

In subsection (b), the words "appointment as a Reserve" are substituted for the words "appointment or * * * as a Reserve officer or". The words "whose Federal recognition as a member * * * is withdrawn" are substituted for the words "ceases to hold a status as a federally recognized member".

1962 Act

The change reflects the implied repeal of the second sentence of section 8352(a) by section 502(a) of the Reserve Officer Personnel Act of 1954 (68 Stat. 1172).

Amendments

1996Pub. L. 104–106 inserted "the" after "National Guard of" in section catchline.

1994Pub. L. 103–337, §1662(c)(3), renumbered section 8352 of this title as this section.

Subsec. (a). Pub. L. 103–337, §1675(b)(2), struck out "or Territory, Puerto Rico, or the District of Columbia, whichever is" after "authority of the State".

1988—Subsec. (a). Pub. L. 100–456 struck out "the Canal Zone," after "Puerto Rico,".

1962—Subsec. (a). Pub. L. 87–651 struck out sentence which provided that upon transfer, an officer is eligible for promotion to the highest regular or reserve grade ever held by him in the Air Force, if his service has been honorable.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

Effective Date of 1994 Amendment

Amendment by 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.

§12215. Commissioned officers: reserve grade of adjutants general and assistant adjutants general

(a) The adjutant general or an assistant adjutant general of the Army National Guard of a State may, upon being extended Federal recognition, be appointed as a reserve officer of the Army as of the date on which he is so recognized.

(b) The adjutant general or an assistant adjutant general of the Air National Guard of a State may be appointed in the reserve commissioned grade in which Federal recognition in the Air National Guard is extended to him.

(Added Pub. L. 103–337, div. A, title XVI, §1662(c)(1), Oct. 5, 1994, 108 Stat. 2990.)

Prior Provisions

Provisions similar to those in this section were contained in sections 3392 and 8392 of this title, prior to repeal by Pub. L. 103–337, §1629(a)(1), (c)(1).

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

CHAPTER 1207—WARRANT OFFICERS

Sec.
12241.
Warrant officers: grades; appointment, how made; term.
12242.
Warrant officers: promotion.
12243.
Warrant officers: suspension of laws for promotion or mandatory retirement or separation during war or emergency.
12244.
Warrant officers: discharge or retirement for years of service or for age.

        

Amendments

2001Pub. L. 107–107, div. A, title V, §517(e)(2), Dec. 28, 2001, 115 Stat. 1095, added item 12244.

1996Pub. L. 104–106, div. A, title XV, §1501(b)(15), Feb. 10, 1996, 110 Stat. 496, substituted "promotion" for "promotions" in item 12243.

§12241. Warrant officers: grades; appointment, how made; term

(a) The permanent reserve warrant officer grades in each armed force are those prescribed for regular warrant officers by section 571(a) of this title.

(b) Appointments in permanent reserve warrant officer grades shall be made in the same manner as is prescribed for regular warrant officer grades by section 571(b) of this title.

(c) Appointments as Reserves in permanent warrant officer grades are for an indefinite term and are held during the pleasure of the Secretary concerned.

(Aug. 10, 1956, ch. 1041, 70A Stat. 26, §597; Pub. L. 99–145, title V, §531(b), Nov. 8, 1985, 99 Stat. 633; Pub. L. 102–190, div. A, title XI, §1131(2), Dec. 5, 1991, 105 Stat. 1505; renumbered §12241, Pub. L. 103–337, div. A, title XVI, §1662(d)(2), Oct. 5, 1994, 108 Stat. 2991; Pub. L. 111–383, div. A, title V, §502(b), Jan. 7, 2011, 124 Stat. 4207.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
597(a) 10:600a(a) (less 3d and last sentences, as applicable to permanent reserve appointments).

34:135a(a) (less last sentence, as applicable to permanent reserve appointments).

May 29, 1954, ch. 249, §§3(a) (less last sentence, as applicable to permanent reserve appointments), 5(a) (last sentence, as applicable to permanent reserve appointments), 68 Stat. 157, 159.
597(b) 10:600a(a) (3d sentence, as applicable to permanent reserve appointments).

10:600c(a) (last sentence, as applicable to permanent reserve appointments).

July 9, 1952, ch. 608, §§220, 223, 224 (less 3d and 4th sentences, and less applicability to commissioned officers), 66 Stat. 487.
  34:135a(a) (last sentence, as applicable to permanent reserve appointments).
  34:135c(a) (last sentence, as applicable to permanent reserve appointments).

50:944.

597(c) 50:947.
  50:948 (less 3d and 4th sentences, and less applicability to commissioned officers).

In subsection (b), the words "W–4, W–3, and W–2" and "persons" are omitted as surplusage.

In subsection (c), the words "After July 9, 1952" are omitted as executed. 50:948 (2d and last sentence) is omitted as executed.

Amendments

2011—Subsec. (b). Pub. L. 111–383 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "Appointments made in the permanent reserve grade of warrant officer, W–1, shall be made by warrant by the Secretary concerned. Appointments made in a permanent reserve grade of chief warrant officer shall be made by commission by the Secretary concerned."

1994Pub. L. 103–337 renumbered section 597 of this title as this section.

1991—Subsec. (a). Pub. L. 102–190 substituted "section 571(a)" for "section 555(a)".

1985—Subsec. (b). Pub. L. 99–145 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "Reserve chief warrant officers of the Army and the Air Force shall be appointed in those grades, by warrant, by the Secretary concerned. Permanent reserve chief warrant officers of the Navy, Marine Corps, and Coast Guard shall be appointed in those grades, by commission, by the Secretary concerned. Permanent reserve warrant officers, W-1, shall be appointed in those grades, by warrant, by the Secretary concerned."

Effective Date of 1991 Amendment

Amendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of this title.

Effective Date of 1985 Amendment

Pub. L. 99–145, title V, §531(d), Nov. 8, 1985, 99 Stat. 633, provided that: "This section [amending this section and section 555 of this title and enacting provisions set out below] takes effect six months after the date of the enactment of this Act [Nov. 8, 1985]."

Transition Provisions for 1985 Amendment

Pub. L. 99–145, title V, §531(c), Nov. 8, 1985, 99 Stat. 633, provided that:

"(1) The amendments made by subsections (a) and (b) [amending this section and section 555 of this title] apply to any appointment of a warrant officer or chief warrant officer on or after the effective date of this section [see Effective Date of 1985 Amendment note above].

"(2) An officer who on the effective date of this section is serving in a chief warrant officer grade under an appointment by warrant may be appointed in that grade by commission under section 555(b) or 597(b) [now 12241(b)] of title 10, United States Code, as appropriate. The date of rank of an officer who receives an appointment under this paragraph is the date of rank for the officer's appointment by warrant to that grade."

Presidential Functions

Pub. L. 111–383, div. A, title V, §502(c), Jan. 7, 2011, 124 Stat. 4207, provided that: "Except as otherwise provided by the President by Executive order, the provisions of Executive Order 13384 (10 U.S.C. 531 note) relating to the functions of the President under the second sentence of section 571(b) of title 10, United States Code, shall apply in the same manner to the functions of the President under section 12241(b) of title 10, United States Code."

§12242. Warrant officers: promotion

The promotion of permanent reserve warrant officers not on the warrant officer active-duty list to permanent reserve warrant officer grades shall be governed by such regulations as the Secretary concerned may prescribe.

(Aug. 10, 1956, ch. 1041, 70A Stat. 26, §598; Pub. L. 102–190, div. A, title XI, §1131(3), Dec. 5, 1991, 105 Stat. 1505; renumbered §12242, Pub. L. 103–337, div. A, title XVI, §1662(d)(2), Oct. 5, 1994, 108 Stat. 2991.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
598 10:600e (last sentence, less applicability to temporary promotions).

34:330 (last sentence, less applicability to temporary promotions).

May 29, 1954, ch. 249, §7 (last sentence, less applicability to temporary promotions), 68 Stat. 159.

Amendments

1994Pub. L. 103–337 renumbered section 598 of this title as this section.

1991Pub. L. 102–190 inserted "not on the warrant officer active-duty list" after "reserve warrant officers".

Effective Date of 1991 Amendment

Amendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of this title.

§12243. Warrant officers: suspension of laws for promotion or mandatory retirement or separation during war or emergency

In time of war, or of emergency declared after May 29, 1954, by Congress or the President, the President may suspend the operation of any provision of law relating to promotion, or mandatory retirement or separation, of permanent reserve warrant officers of any armed force.

(Aug. 10, 1956, ch. 1041, 70A Stat. 26, §599; renumbered §12243, Pub. L. 103–337, div. A, title XVI, §1662(d)(2), Oct. 5, 1994, 108 Stat. 2991.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
599 10:600p (as applicable to reserve warrant officers).

34:330g (as applicable to reserve warrant officers).

May 29, 1954, ch. 249, §18 (as applicable to reserve warrant officers), 68 Stat. 165.
  34:430d (as applicable to reserve warrant officers).

The word "may" is substituted for the words "is authorized, in his discretion". The words "any provision of law" are substituted for the words "all or any part or parts of the several provisions of law".

Amendments

1994Pub. L. 103–337 renumbered section 599 of this title as this section.

Delegation of Functions

Functions of the President under this section delegated to the Secretary of Defense, see section 1(4) of Ex. Ord. No. 11390, Jan. 22, 1968, 33 F.R. 841, set out as a note under section 301 of Title 3, The President.

§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 Secretary concerned shall—

(1) be transferred to the Retired Reserve if the warrant officer is qualified for such transfer and does not request (in accordance with regulations prescribed by the Secretary concerned) 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.)

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 combatant 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: limitation on number of Reserves assigned.
12322.
Active duty for health care.
12323.
Active duty pending line of duty determination required for response to sexual assault.

        

Amendments

2013Pub. L. 112–239, div. A, title V, §571(b), Jan. 2, 2013, 126 Stat. 1753, added item 12323.

2011Pub. 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.

1999Pub. L. 106–65, div. A, title VII, §705(a)(2), Oct. 5, 1999, 113 Stat. 683, added item 12322.

1997Pub. 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.

1996Pub. 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 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 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 active 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 States may not be ordered to active duty under this subsection without the consent of the governor 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 requirements at that time.

(f) The consent of a Governor described in subsections (b) and (d) may not be withheld (in whole or in part) with regard to active duty outside the United States, its territories, and its possessions, because of any objection to the location, 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 ordered 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 regulations shall apply uniformly among the armed forces under the jurisdiction of the Secretary. A determination for the purposes of this subsection 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 result of a hostile action and is related to the member's military status.

(h)(1) When authorized by the Secretary of Defense, 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 member.


(2) A member ordered to active duty under this subsection may, with the member's consent, 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 sectionSource (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 individuals 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 substituted for the words "into the active military service of the United States", in 50:961(g) (1st and last sentences). The words "to serve" are substituted for the words "for the purpose of serving". The words "without their consent" are substituted for the word "involuntarily". 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 sentence).

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 sectionSource (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 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 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)).

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 training)" 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 training)".

1999—Subsec. (h). Pub. L. 106–65 added subsec. (h).

1994Pub. 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 Columbia National Guard)" for "or Territory or Puerto Rico or the commanding general of the District of Columbia 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), substituted "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) designation for second sentence and cl. (2) prohibition against ordering a member of the Standby Reserve to active duty unless the Director of Selective Service determined that the member was available for active duty.

Subsec. (e). Pub. L. 96–584 substituted provisions respecting 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), inserted "(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 Selective 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".

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 component 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 effective 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 provisions 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 2302 of this title.

Limitations on Cancellations of Deployment of Certain Reserve Component Units and Involuntary 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 Deployment.—

"(1) Limitation.—The deployment of a unit of a reserve 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 otherwise 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 paragraph is a deployment whose cancellation as described 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 reserve component was otherwise to be deployed.

"(3) Notice to congress and governors on approval of cancellation of deployment.—On approving 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 Involuntary Mobilization.—

"(1) Advance notice required.—The Secretary concerned 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 organized to serve as a unit.

"(B) A member who is to be mobilized apart from the member's unit.

"(3) Commencement of applicability.—This subsection 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 subsection, 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 approval of mobilization of Reserves without advance notice under subsection (b)."

Advance Notice to Members of Reserve Components 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 Secretary who will be called or ordered to active duty for a period of more than 30 days in support of a contingency 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 Congress 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 detailing the reasons for the waiver or reduction and the mission requirements at issue."

§12302. Ready Reserve

(a) In time of national emergency declared by the President after January 1, 1953, or when otherwise authorized by law, an authority designated by the Secretary concerned may, without 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 Reserve under the jurisdiction of that Secretary to active duty for not more than 24 consecutive months.

(b) To achieve fair treatment as between members in the Ready Reserve who are being considered 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 requirements 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 necessary 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 sectionSource (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 "without the consent of the persons concerned" are substituted 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 substituted 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 procedures". The words "as he considers necessary" are substituted for the words "as may be required in his opinion". 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 "Senate 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 sectionSource (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 components" and "unless the Congress shall have authorized the exercise of the authority contained in this subsection" 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)).

Amendments

2011—Subsec. (b). Pub. L. 112–81, in concluding provisions, struck out at end "He shall report on those policies and procedures at least once a year to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives."

2004—Subsecs. (a), (c). Pub. L. 108–375 struck out "(other than for training)" after "active duty".

2003—Subsec. (d). Pub. L. 108–136 struck out subsec. (d) which read as follows: "Whenever one or more units of the Ready Reserve are ordered to active duty, the President shall, on the first day of the second fiscal year quarter immediately following the quarter in which the first unit or units are ordered to active duty and on the first day of each succeeding six-month period thereafter, so long as such unit is retained on active duty, submit a report to the Congress regarding the necessity for such unit or units being ordered to and retained on active duty. The President shall include in each such report a statement of the mission of each such unit ordered to active duty, an evaluation of such unit's performance of that mission, where each such unit is being deployed at the time of the report, and such other information regarding each unit as the President deems appropriate."

1999—Subsec. (b). Pub. L. 106–65 substituted "and the Committee on Armed Services" for "and the Committee on National Security" in concluding provisions.

1996—Subsec. (b). Pub. L. 104–106 substituted "Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives" for "Committees on Armed Services of the Senate and the House of Representatives".

1994Pub. L. 103–337 renumbered section 673 of this title as this section.

1973—Subsec. (d). Pub. L. 93–155 added subsec. (d).

1958—Subsec. (a). Pub. L. 85–861, §§1(14)(A), 33(a)(5), inserted "(other than for training)" after "active duty", and struck out provisions that made subsection inapplicable unless Congress determined how many members of the reserve components were necessary, in the interest of national security, to be ordered to active duty.

Subsec. (c). Pub. L. 85–861, §1(14)(B), added subsec. (c).

Effective Date of 1973 Amendment

Pub. L. 93–155, title III, §303(b), Nov. 16, 1973, 87 Stat. 608, provided that: "The amendment made by subsection (a) of this section [amending this section] shall be effective with respect to any unit of the Ready Reserve ordered to active duty on or after the date of enactment of this Act [Nov. 16, 1973]."

Effective Date of 1958 Amendment

Amendment by section 33(a)(5) of Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title.

Executive Order No. 12743

Ex. Ord. No. 12743, Jan. 18, 1991, 56 F.R. 2661, as amended by Ex. Ord. No. 13286, §35, Feb. 28, 2003, 68 F.R. 10625, which related to ordering the Ready Reserve of the Armed Forces to active duty, was revoked by Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055, listed in a table under section 1701 of Title 50, War and National Defense.

Ex. Ord. No. 13223. Ordering the Ready Reserve of the Armed Forces To Active Duty and Delegating Certain Authorities to the Secretary of Defense and the Secretary of Homeland Security

Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, as amended by Ex. Ord. No. 13253, Jan. 16, 2002, 67 F.R. 2791; Ex. Ord. No. 13286, §9, Feb. 28, 2003, 68 F.R. 10622; Ex. Ord. No. 13814, Oct. 20, 2017, 82 F.R. 49273, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Emergencies Act (50 U.S.C. 1601 et seq.) and section 301 of title 3, United States Code, and in furtherance of the proclamation of September 14, 2001, Declaration of National Emergency by Reason of Certain Terrorist Attacks [Proc. No. 7463, 50 U.S.C. 1621 note], which declared a national emergency by reason of the terrorist attacks on the World Trade Center, New York, New York, and the Pentagon, and the continuing and immediate threat of further attacks on the United States, I hereby order as follows:

Section 1. To provide additional authority to the Department of Defense and the Department of Transportation [Homeland Security] to respond to the continuing and immediate threat of further attacks on the United States, the authority under title 10, United States Code, to order any unit, and any member of the Ready Reserve not assigned to a unit organized to serve as a unit, in the Ready Reserve to active duty for not more than 24 consecutive months, is invoked and made available, according to its terms, to the Secretary concerned, subject in the case of the Secretaries of the Army, Navy, and Air Force, to the direction of the Secretary of Defense. The term "Secretary concerned" is defined in section 101(a)(9) of title 10, United States Code, to mean the Secretary of the Army with respect to the Army; the Secretary of the Navy with respect to the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy; the Secretary of the Air Force with respect to the Air Force; and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy. The authorities available for use during a national emergency under sections 688 and 690 of title 10, United States Code, are also invoked and made available, according to their terms, to the Secretary concerned, subject in the case of the Secretaries of the Army, Navy, and Air Force, to the direction of the Secretary of Defense.

Sec. 2. To allow for the orderly administration of personnel within the armed forces, the following authorities vested in the President are hereby invoked to the full extent provided by the terms thereof: section 527 of title 10, United States Code, to suspend the operation of sections 523, 525, and 526 of that title, regarding officer and warrant officer strength and distribution; and sections 123, 123a, and 12006 of title 10, United States Code, to suspend certain laws relating to promotion, involuntary retirement, and separation of commissioned officers; end strength limitations; and Reserve component officer strength limitations.

Sec. 3. To allow for the orderly administration of personnel within the armed forces, the authorities vested in the President by sections 331, 359, and 367 [now 2127, 2308, and 2314] of title 14, United States Code, relating to the authority to order to active duty certain officers and enlisted members of the Coast Guard and to detain enlisted members, are invoked to the full extent provided by the terms thereof.

Sec. 4. The Secretary of Defense is hereby designated and empowered, without the approval, ratification, or other action by the President, to exercise the authority vested in the President by sections 123, 123a, 527, and 12006 of title 10, United States Code, as invoked by sections 2 and 3 of this order.

Sec. 5. The Secretary of Homeland Security is hereby designated and empowered, without the approval, ratification, or other action by the President, to exercise the authority vested in sections 331, 359, and 367 [now 2127, 2308, and 2314] of title 14, United States Code, when the Coast Guard is not serving as part of the Navy, as invoked by section 2 of this order, to recall any regular officer or enlisted member on the retired list to active duty and to detain any enlisted member beyond the term of his or her enlistment. The Secretary of Homeland Security is further designated and empowered, without the approval, ratification or any other action by the President, to exercise the authority vested in the President by sections 123 and 123a of title 10, United States Code, and sections 149 [now 710] (detail members to assist foreign governments), 275(a) [now 2125(a)] (suspension of provisions on selection, promotion, or involuntary separation of officers), and 722 [now 3733] (administration of reserve forces) of title 14, United States Code, as invoked by section 2 of Executive Order 13223.

Sec. 6. The authority delegated by this order to the Secretary of Defense and the Secretary of Homeland Security may be redelegated and further subdelegated to civilian subordinates who are appointed to their offices by the President, by and with the advice and consent of the Senate.

Sec. 7. Based upon my determination under 10 U.S.C. 2201(c) that it is necessary to increase (subject to limits imposed by law) the number of members of the armed forces on active duty for the Department of Defense beyond the number for which funds are provided in the appropriation Act for the Department of Defense, which, by virtue of 14 U.S.C. 652 [now 14 U.S.C. 104], applies to the Department of Homeland Security with respect to the Coast Guard, the Secretary of Defense and the Secretary of Homeland Security may provide for the cost of such additional members under their respective jurisdictions as an excepted expense under [former] section 11(a) of title 41, United States Code [see 41 U.S.C. 6301(a), (b)].

Sec. 8. This order is intended only to improve the internal management of the executive branch, and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.

Sec. 9. This order is effective immediately and shall be promptly transmitted to the Congress and published in the Federal Register.

Ex. Ord. No. 13912. National Emergency Authority To Order the Selected Reserve and Certain Members of the Individual Ready Reserve of the Armed Forces to Active Duty

Ex. Ord. No. 13912, Mar. 27, 2020, 85 F.R. 18407, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Emergencies Act (50 U.S.C. 1601 et seq.), and in furtherance of Proclamation 9994 of March 13, 2020 (Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Outbreak) [50 U.S.C. 1621 note], which declared a national emergency by reason of the threat that the novel (new) coronavirus known as SARS–CoV–2 poses to our Nation's healthcare systems, I hereby order as follows:

Section 1. Emergency Authority. To provide additional authority to the Secretaries of Defense and Homeland Security to respond to the national emergency declared by Proclamation 9994, the authorities under section 12302 of title 10, United States Code, and sections 2127, 2308, 2314, and 3735 of title 14, United States Code, are invoked and made available, according to their terms, to the Secretaries of Defense and Homeland Security. The Secretaries of the Army, Navy, and Air Force, at the direction of the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, are authorized to order to active duty not to exceed 24 consecutive months, such units, and individual members of the Ready Reserve under the jurisdiction of the Secretary concerned, not to exceed 1,000,000 members on active duty at any one time, as the Secretary of Defense and, with respect to the Coast Guard when it is not operating as a service in the Navy, the Secretary of Homeland Security consider necessary. The Secretary of Defense or the Secretary of Homeland Security, as applicable, will ensure appropriate consultation is undertaken with relevant state officials with respect to the utilization of National Guard Reserve Component units activated under this authority.

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 department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable 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.      

§12303. Ready Reserve: members not assigned to, or participating satisfactorily in, units

(a) Notwithstanding any other provision of law, the President may order to active duty any member of the Ready Reserve of an armed force who—

(1) is not assigned to, or participating satisfactorily in, a unit of the Ready Reserve;

(2) has not fulfilled his statutory reserve obligation; and

(3) has not served on active duty for a total of 24 months.


(b) A member who is ordered to active duty under this section may be required to serve on active duty until his total service on active duty equals 24 months. If his enlistment or other period of military service would expire before he has served the required period under this section, it may be extended until he has served the required period.

(c) To achieve fair treatment among members of the Ready Reserve who are being considered for active duty under this section, appropriate consideration shall be given to—

(1) family responsibilities; and

(2) employment necessary to maintain the national health, safety, or interest.

(Added Pub. L. 90–40, §6(1), June 30, 1967, 81 Stat. 105, §673a; renumbered §12303, Pub. L. 103–337, div. A, title XVI, §1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.)

Amendments

1994Pub. L. 103–337 renumbered section 673a of this title as this section.

Ex. Ord. No. 11366. Authorization To Order Ready Reserve to Active Duty; Extension of Military Service

Ex. Ord. No. 11366, Aug. 4, 1967, 32 F.R. 11411, as amended by Ex. Ord. No. 13286, §64, Feb. 28, 2003, 68 F.R. 10629, provided:

By virtue of the authority vested in me by section 673a [now 12303] of title 10 of the United States Code, and by section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows:

Section 1. (a) The Secretary of Defense is hereby authorized and empowered to exercise the authority vested in the President by section 673a [now 12303] of title 10 of the United States Code, to order to active duty any member of the Ready Reserve of an armed force (except the Coast Guard when not operating as a service in the Navy) who—

(1) is not assigned to, or participating satisfactorily in, a unit of the Ready Reserve;

(2) has not fulfilled his statutory reserve obligation; and

(3) has not served on active duty for a total of 24 months.

(b) In pursuance of the provisions of section 673a [now 12303] of title 10 of the United States Code, the Secretary of Defense is hereby authorized to require a member ordered to active duty under the authority of this Order to serve on active duty until his total service on active duty equals 24 months. If the enlistment or period of military service of a member of the Ready Reserve ordered to active duty under this authority would expire before he has served the required period of active duty prescribed herein, his enlistment or period of military service may be extended until he has served the required period.

(c) In pursuance of the provisions of section 673a [now 12303] of title 10 of the United States Code, and in order to achieve fair treatment among members of the Ready Reserve who are being considered for active duty under this authority, appropriate consideration shall be given to—

(1) family responsibilities; and

(2) employment necessary to maintain the national health, safety, or interest.

Sec. 2. The Secretary of Homeland Security is hereby authorized and empowered to exercise the authority vested in the President by section 673a [now 12303] of the title 10 of the United States Code, with respect to any member of the Ready Reserve of the Coast Guard when it is not operating as a service in the Navy, under the same conditions as such authority may be exercised by the Secretary of Defense under this Order with respect to any member of the Ready Reserve of any other armed force.

Sec. 3. (a) The Secretary of Defense may designate any of the Secretaries of the military departments of the Department of Defense to exercise the authority vested in him by section 1 of this Order.

(b) The Secretary of Homeland Security may designate the Commandant of the United States Coast Guard to exercise the authority vested in him by section 2 of this Order.

Sec. 4. Executive Order No. 11327 of February 15, 1967, is superseded except with respect to members of the Ready Reserve ordered to active duty under the authority of that Order.

Ex. Ord. No. 11406. Assigning Authority To Order Ready Reserve to Active Duty

Ex. Ord. No. 11406, Apr. 10, 1968, 33 F.R. 5735, authorized Secretary of Defense and, when designated by him, any of Secretaries of military departments of Department of Defense to exercise authority vested in President until June 30, 1968 by paragraph (e) of title I of the Department of Defense Appropriation Act, 1967 (80 Stat. 981) to order any unit in the Ready Reserve to active duty for a period not to exceed 24 months.

§12304. Selected Reserve and certain Individual Ready Reserve members; order to active duty other than during war or national emergency

(a) Authority.—Notwithstanding the provisions of section 12302(a) or any other provision of law, when the President determines that it is necessary to augment the active forces for any named operational mission or that it is necessary to provide assistance referred to in subsection (b), he may authorize the Secretary of Defense and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, without the consent of the members concerned, to order any unit, and any member not assigned to a unit organized to serve as a unit of the Selected Reserve (as defined in section 10143(a) of this title), or any member in the Individual Ready Reserve mobilization category and designated as essential under regulations prescribed by the Secretary concerned, under their respective jurisdictions, to active duty for not more than 365 consecutive days.

(b) Support for Responses to Certain Emergencies.—The authority under subsection (a) includes authority to order a unit or member to active duty to provide assistance in responding to an emergency involving—

(1) a use or threatened use of a weapon of mass destruction; or

(2) a terrorist attack or threatened terrorist attack in the United States that results, or could result, in significant loss of life or property.


(c) Limitations.—(1) No unit or member of a reserve component may be ordered to active duty under this section to perform any of the functions authorized by chapter 13 or section 12406 of this title or, except as provided in subsection (b), to provide assistance to either the Federal Government or a State in time of a serious natural or manmade disaster, accident, or catastrophe.

(2) Not more than 200,000 members of the Selected Reserve and the Individual Ready Reserve may be on active duty under this section at any one time, of whom not more than 30,000 may be members of the Individual Ready Reserve.

(3) No unit or member of a reserve component may be ordered to active duty under this section to provide assistance referred to in subsection (b) unless the President determines that the requirements for responding to an emergency referred to in that subsection have exceeded, or will exceed, the response capabilities of local, State, and Federal civilian agencies.

(d) Exclusion From Strength Limitations.—Members ordered to active duty under this section shall not be counted in computing authorized strength in members on active duty or members in grade under this title or any other law.

(e) Policies and Procedures.—The Secretary of Defense and the Secretary of Homeland Security shall prescribe such policies and procedures for the armed forces under their respective jurisdictions as they consider necessary to carry out this section.

(f) Notification of Congress.—Whenever the President authorizes the Secretary of Defense or the Secretary of Homeland Security to order any unit or member of the Selected Reserve or Individual Ready Reserve to active duty, under the authority of subsection (a), he shall, within 24 hours after exercising such authority, submit to Congress a report, in writing, setting forth the circumstances necessitating the action taken under this section and describing the anticipated use of these units or members.

(g) Termination of Duty.—Whenever any unit of the Selected Reserve or any member of the Selected Reserve not assigned to a unit organized to serve as a unit, or any member of the Individual Ready Reserve, is ordered to active duty under authority of subsection (a), the service of all units or members so ordered to active duty may be terminated by—

(1) order of the President, or

(2) law.


(h) Relationship to War Powers Resolution.—Nothing contained in this section shall be construed as amending or limiting the application of the provisions of the War Powers Resolution (50 U.S.C. 1541 et seq.).

(i) Considerations for Involuntary Order to Active Duty.—(1) In determining which members of the Selected Reserve and Individual Ready Reserve will be ordered to duty without their consent under this section, appropriate consideration shall be given to—

(A) the length and nature of previous service, to assure such sharing of exposure to hazards as the national security and military requirements will reasonably allow;

(B) the frequency of assignments during service career;

(C) family responsibilities; and

(D) employment necessary to maintain the national health, safety, or interest.


(2) The Secretary of Defense shall prescribe such policies and procedures as the Secretary considers necessary to carry out this subsection.

(j) Definitions.—In this section:

(1) The term "Individua