
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC12301]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
                        CHAPTER 1209--ACTIVE DUTY
 
Sec. 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 (other than for training) 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 (other than for training), 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 ordered to active 
duty (other than for training).
    (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 (other than for training) 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, Sec. 672; Pub. L. 85-861, 
Secs. 1(13), 33(a)(5), Sept. 2, 1958, 72 Stat. 1440, 1564; Pub. L. 96-
357, Sec. 6, Sept. 24, 1980, 94 Stat. 1182; Pub. L. 96-584, Sec. 1, Dec. 
23, 1980, 94 Stat. 3377; Pub. L. 99-500, Sec. 101(c) [title IX, 
Sec. 9122], Oct. 18, 1986, 100 Stat. 1783-82, 1783-127, and Pub. L. 99-
591, Sec. 101(c) [title IX, Sec. 9122], Oct. 30, 1986, 100 Stat. 3341-
82, 3341-127; Pub. L. 99-661, div. A, title V, Secs. 522, 524(a), Nov. 
14, 1986, 100 Stat. 3871; Pub. L. 100-456, div. A, title XII, 
Sec. 1234(a)(1), (2), Sept. 29, 1988, 102 Stat. 2059; renumbered 
Sec. 12301 and amended Pub. L. 103-337, div. A, title XVI, 
Secs. 1662(e)(2), 1675(c)(1), Oct. 5, 1994, 108 Stat. 2992, 3017; Pub. 
L. 106-65, div. A, title V, Sec. 512, Oct. 5, 1999, 113 Stat. 592.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
672(a)................................  50:961(a).                           Ju
ly 9, 1952, ch. 608, Secs.  233
672(b)................................  50:961(c).                            (
less (b) and (f)), 234 (1st
672(c)................................  50:961(g).                            s
entence), 66 Stat. 489, 490.
672(d)................................  50:961(d).
                                        50:962 (1st sentence).
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 section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
672(a)................................  50:961(a).                           Au
g. 9, 1955, ch. 665, Sec.  2(e),
                                                                              6
9 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

    1999--Subsec. (h). Pub. L. 106-65 added subsec. (h).
    1994--Pub. L. 103-337, Sec. 1662(e)(2), renumbered section 672 of 
this title as this section.
    Subsec. (b). Pub. L. 103-337, Sec. 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, Sec. 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, Sec. 1234(a)(2), substituted 
``or Puerto Rico'' for ``, Puerto Rico, or the Canal Zone,''.
    Subsec. (d). Pub. L. 100-456, Sec. 1234(a)(1), struck out ``the 
Canal Zone,'' after ``Puerto Rico,''.
    1986--Subsec. (f). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c) 
[Sec. 9122], Pub. L. 99-661, Sec. 522, amended section identically 
adding subsec. (f).
    Subsec. (g). Pub. L. 99-661, Sec. 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, Secs. 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, Sec. 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

    Section 524(b) of Pub. L. 99-661 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, Sec. 6, Apr. 21, 
1987, 101 Stat. 274, set out as a note under section 2302 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 101, 523, 582, 641, 672, 
10142, 10151, 10215, 12305, 12306, 12307, 12310, 12408, 12686, 16131, 
16133 of this title; title 5 section 6323; title 38 sections 3011, 3013, 
3231, 3511, 4211, 4312; title 50 App. section 592.
