
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC12304]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
                        CHAPTER 1209--ACTIVE DUTY
 
Sec. 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 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 
Transportation 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 (other than for training) for not more 
than 270 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 a use or threatened use of a weapon of mass destruction.
    (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 15 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.
    (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 Transportation 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 Transportation 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) Definitions.--In this section:
        (1) The term ``Individual Ready Reserve mobilization category'' 
    means, in the case of any reserve component, the category of the 
    Individual Ready Reserve described in section 10144(b) of this 
    title.
        (2) The term ``weapon of mass destruction'' has the meaning 
    given that term in section 1403 of the Defense Against Weapons of 
    Mass Destruction Act of 1996 (50 U.S.C. 2302(1)).

(Added Pub. L. 94-286, Sec. 1, May 14, 1976, 90 Stat. 517, Sec. 673b; 
amended Pub. L. 96-584, Sec. 2, Dec. 23, 1980, 94 Stat. 3377; Pub. L. 
97-295, Sec. 1(9), Oct. 12, 1982, 96 Stat. 1289; Pub. L. 99-661, div. A, 
title V, Sec. 521, Nov. 14, 1986, 100 Stat. 3870; renumbered Sec. 12304 
and amended, Pub. L. 103-337, div. A, title V, Sec. 511(a), title XVI, 
Secs. 1662(e)(2), 1675(c)(2), Oct. 5, 1994, 108 Stat. 2752, 2992, 3017; 
Pub. L. 105-85, div. A, title V, Sec. 511(b)-(e)(1), Nov. 18, 1997, 111 
Stat. 1728, 1729; Pub. L. 105-261, div. A, title V, Sec. 511(a), Oct. 
17, 1998, 112 Stat. 2005.)

                       References in Text

    The War Powers Resolution, referred to in subsec. (h), is Pub. L. 
93-148, Nov. 7, 1973, 87 Stat. 555, which is classified generally to 
chapter 33 (Sec. 1541 et seq.) of Title 50, War and National Defense. 
For complete classification of this Resolution to the Code, see Short 
Title note set out under section 1541 of Title 50 and Tables.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-261, Sec. 511(a)(1)(A), (3)(A), 
inserted heading and inserted ``or that it is necessary to provide 
assistance referred to in subsection (b)'' after ``operational mission'' 
in text.
    Subsec. (b). Pub. L. 105-261, Sec. 511(a)(1)(D), added subsec. (b). 
Former subsec. (b) redesignated subsec. (c)(1).
    Subsec. (c). Pub. L. 105-261, Sec. 511(a)(1)(B), (C), redesignated 
subsec. (b) as par. (1) of subsec. (c), inserted subsec. heading, 
substituted ``or, except as provided in subsection (b), to provide'' for 
``, or to provide'', and redesignated former subsec. (c) as par. (2).
    Subsecs. (d) to (h). Pub. L. 105-261, Sec. 511(a)(3)(B)-(F), 
inserted headings.
    Subsec. (i). Pub. L. 105-261, Sec. 511(a)(2), amended subsec. (i) 
generally. Prior to amendment, subsec. (i) read as follows: ``For 
purposes of this section, the term `Individual Ready Reserve 
mobilization category' means, in the case of any reserve component, the 
category of the Individual Ready Reserve described in section 10144(b) 
of this title.''
    1997--Pub. L. 105-85, Sec. 511(e)(1), inserted ``and certain 
Individual Ready Reserve members'' after ``Selected Reserve'' in section 
catchline.
    Subsec. (a). Pub. L. 105-85, Sec. 511(b), inserted ``or any member 
in the Individual Ready Reserve mobilization category and designated as 
essential under regulations prescribed by the Secretary concerned,'' 
after ``of this title),''.
    Subsec. (c). Pub. L. 105-85, Sec. 511(c), inserted ``and the 
Individual Ready Reserve'' after ``Selected Reserve'' and ``, of whom 
not more than 30,000 may be members of the Individual Ready Reserve'' 
before period at end.
    Subsec. (f). Pub. L. 105-85, Sec. 511(d)(1), inserted ``or 
Individual Ready Reserve'' after ``Selected Reserve''.
    Subsec. (g). Pub. L. 105-85, Sec. 511(d)(2), inserted ``, or any 
member of the Individual Ready Reserve,'' after ``to serve as a unit'' 
in introductory provisions.
    Subsec. (i). Pub. L. 105-85, Sec. 511(d)(3), added subsec. (i).
    1994--Pub. L. 103-337, Sec. 1662(e)(2), renumbered section 673b of 
this title as this section.
    Subsec. (a). Pub. L. 103-337, Sec. 1675(c)(2)(A), (B), substituted 
``12302(a)'' for ``673(a)'' and ``10143(a)'' for ``268(b)''.
    Pub. L. 103-337, Sec. 511(a)(1), substituted ``270 days'' for ``90 
days''.
    Subsec. (b). Pub. L. 103-337, Sec. 1675(c)(2)(C), substituted 
``12406'' for ``3500 or 8500''.
    Subsec. (i). Pub. L. 103-337, Sec. 511(a)(2), struck out subsec. (i) 
which read as follows: ``When a unit of the Selected Reserve, or a 
member of the Selected Reserve not assigned to a unit organized to serve 
as a unit of the Selected Reserve, is ordered to active duty under this 
section and the President determines that an extension of the service of 
such unit or member on active duty is necessary in the interests of 
national security, he may authorize the Secretary of Defense and the 
Secretary of Transportation with respect to the Coast Guard when it is 
not operating as a service in the Navy to extend the period of such 
order to active duty for a period of not more than 90 additional days. 
Whenever the President exercises his authority under this subsection, he 
shall immediately notify Congress of such action and shall include in 
the notification a statement of reasons for the action. Nothing in this 
subsection shall be construed as limiting the authorities to terminate 
the service of units or members ordered to active duty under this 
section under subsection (g).''
    1986--Subsec. (b). Pub. L. 99-661, Sec. 521(c)(1), substituted 
``reserve component'' for ``Reserve component''.
    Subsec. (c). Pub. L. 99-661, Sec. 521(a), substituted ``200,000'' 
for ``100,000''.
    Subsec. (e). Pub. L. 99-661, Sec. 521(c)(2), substituted ``armed 
forces'' for ``Armed Forces''.
    Subsec. (f). Pub. L. 99-661, Sec. 521(c)(3), substituted 
``Congress'' for ``the Speaker of the House of Representatives and to 
the President pro tempore of the Senate''.
    Subsec. (g)(2). Pub. L. 99-661, Sec. 521(c)(4), substituted ``law'' 
for ``a concurrent resolution of the Congress''.
    Subsec. (i). Pub. L. 99-661, Sec. 521(b), added subsec. (i).
    1982--Subsec. (h). Pub. L. 97-295 inserted ``(50 U.S.C. 1541 et 
seq.)'' after ``the War Powers Resolution''.
    1980--Subsec. (c). Pub. L. 96-584 substituted ``100,000'' for 
``50,000''.


                    Effective Date of 1994 Amendment

    Amendment by sections 1662(e)(2) and 1675(c)(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.


  Orders to Active Duty for Selected Reserve Combat Units Involved in 
    Operation Desert Shield; Extensions of Time for Fiscal Year 1991

    Pub. L. 101-511, title VIII, Sec. 8132, Nov. 5, 1990, 104 Stat. 
1908, provided that, during fiscal year 1991, the President, in 
authorizing under this section the order to active duty of units and 
members of the Selected Reserve, could use that authority in the case of 
orders to active duty in support of operations in and around the Arabian 
Peninsula and Operation Desert Shield as if ``180'' were substituted for 
``90'' in subsecs. (a) and (i) of this section.

Ex. Ord. No. 12727. Ordering Selected Reserve of Armed Forces to Active 
                                  Duty

    Ex. Ord. No. 12727, Aug. 22, 1990, 55 F.R. 35027, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including sections 121 and 
673b [now 12304] of title 10 of the United States Code, I hereby 
determine that it is necessary to augment the active armed forces of the 
United States for the effective conduct of operational missions in and 
around the Arabian Peninsula. Further, under the stated authority, I 
hereby authorize the Secretary of Defense, and the Secretary of 
Transportation with respect to the Coast Guard when the latter is not 
operating as a service in the Department of the Navy, to order to active 
duty units and individual members not assigned to units, of the Selected 
Reserve.
    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.
    This order shall be published in the Federal Register and 
transmitted promptly to the Congress.
                                                            George Bush.

 Ex. Ord. No. 12733. Authorizing Extension of Period of Active Duty of 
              Personnel of Selected Reserve of Armed Forces

    Ex. Ord. No. 12733, Nov. 13, 1990, 55 F.R. 47837, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including sections 121 and 
673b(i) [673b now 12304] of title 10 of the United States Code, I hereby 
determine that, in the interests of national security, extending the 
period of active duty is necessary for the following: units of the 
Selected Reserve, and members of the Selected Reserve not assigned to a 
unit organized to serve as a unit of the Selected Reserve, now serving 
on or hereafter ordered to active duty pursuant to section 673b(a) [now 
12304(a)] of title 10 of the United States Code and Executive Order No. 
12727 of August 22, 1990 [set out above]. Further, under the stated 
authority, I hereby authorize the Secretary of Defense, and the 
Secretary of Transportation with respect to the Coast Guard when the 
latter is not operating as a service in the Department of the Navy, to 
extend the period of active duty of such units and members of the 
Selected Reserve.
    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.
    This order shall be published in the Federal Register and 
transmitted promptly to the Congress.
                                                            George Bush.

Ex. Ord. No. 12927. Ordering Selected Reserve of Armed Forces to Active 
                                  Duty

    Ex. Ord. No. 12927, Sept. 15, 1994, 59 F.R. 47781, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including sections 121 and 
673b [now 12304] of title 10 of the United States Code, I hereby 
determine that it is necessary to augment the active armed forces of the 
United States for the effective conduct of operational missions to 
restore the civilian government in Haiti. Further, under the stated 
authority, I hereby authorize the Secretary of Defense, and the 
Secretary of Transportation with respect to the Coast Guard when it is 
not operating as a service in the Department of the Navy, to order to 
active duty any units, and any individual members not assigned to a unit 
organized to serve as a unit, of the Selected Reserve.
    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.
    This order is effective immediately and shall be published in the 
Federal Register and transmitted to the Congress.
                                                     William J. Clinton.

Ex. Ord. No. 12982. Ordering Selected Reserve of Armed Forces to Active 
                                  Duty

    Ex. Ord. No. 12982, Dec. 8, 1995, 60 F.R. 63895, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including sections 121 and 
12304 of title 10, United States Code, I hereby determine that it is 
necessary to augment the active armed forces of the United States for 
the effective conduct of operations in and around former Yugoslavia. 
Further, under the stated authority, I hereby authorize the Secretary of 
Defense, and the Secretary of Transportation with respect to the Coast 
Guard when it is not operating as a service in the Department of the 
Navy, to order to active duty any units, and any individual members not 
assigned to a unit organized to serve as a unit, of the Selected 
Reserve.
    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.
    This order shall be published in the Federal Register and 
transmitted to the Congress.
                                                     William J. Clinton.

Ex. Ord. No. 13076. Ordering Selected Reserve of Armed Forces to Active 
                                  Duty

    Ex. Ord. No. 13076, Feb. 24, 1998, 63 F.R. 9719, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including sections 121 and 
12304 of title 10, United States Code, I hereby determine that it is 
necessary to augment the active armed forces of the United States for 
the effective conduct of operations in and around Southwest Asia. 
Further, under the stated authority, I hereby authorize the Secretary of 
Defense, and the Secretary of Transportation with respect to the Coast 
Guard when it is not operating as a service in the Department of the 
Navy, to order to active duty any units, and any individual members not 
assigned to a unit organized to serve as a unit, of the Selected 
Reserve.
    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.
                                                     William J. Clinton.

  Ex. Ord. No. 13120. Ordering Selected Reserve and Certain Individual 
          Ready Reserve Members of Armed Forces to Active Duty

    Ex. Ord. No. 13120, Apr. 27, 1999, 64 F.R. 23007, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including sections 121 and 
12304 of title 10, United States Code, I hereby determine that it is 
necessary to augment the active armed forces of the United States for 
the effective conduct of operations in and around the former Yugoslavia 
related to the conflict in Kosovo. Further, under the stated authority, 
I hereby authorize the Secretary of Defense, and the Secretary of 
Transportation with respect to the Coast Guard when it is not operating 
as a service in the Department of the Navy, under their respective 
jurisdictions, to order to active duty any units, and any individual 
members not assigned to a unit organized to serve as a unit, of the 
Selected Reserve, or any member in the Individual Ready Reserve 
mobilization category and designated as essential under regulations 
prescribed by the Secretary concerned, and to terminate the service of 
those units and members ordered to active duty.
    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.
                                                     William J. Clinton.

                  Section Referred to in Other Sections

    This section is referred to in sections 101, 115, 523, 582, 641, 
10144, 12305, 12318, 12408, 16131, 16133 of this title; title 38 
sections 3011, 3013, 3231, 3511, 4211, 4312; title 50 App. section 592.
