
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: 10USC12321]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
                        CHAPTER 1209--ACTIVE DUTY
 
Sec. 12321. Reserve Officer Training Corps units: limitation on 
        number of Reserves assigned
        
    The number of members of the reserve components serving on active 
duty or full-time National Guard duty for the purpose of organizing, 
administering, recruiting, instructing, or training the reserve 
components who are assigned to duty with a unit of the Reserve Officer 
Training Corps program may not exceed 275.

(Added Pub. L. 101-510, div. A, title V, Sec. 559(a)(1), Nov. 5, 1990, 
104 Stat. 1571, Sec. 687; renumbered Sec. 690 and amended Pub. L. 102-
25, title VII, Sec. 704(a)(3)(A), (B), Apr. 6, 1991, 105 Stat. 118; Pub. 
L. 102-190, div. A, title X, Sec. 1061(a)(4)(A), Dec. 5, 1991, 105 Stat. 
1472; Pub. L. 102-484, div. A, title V, Sec. 512, Oct. 23, 1992, 106 
Stat. 2405; Pub. L. 103-160, div. A, title V, Sec. 512, Nov. 30, 1993, 
107 Stat. 1649; renumbered Sec. 12321 and amended Pub. L. 103-337, div. 
A, title XVI, Sec. 1662(e)(2), (3), Oct. 5, 1994, 108 Stat. 2992.)


                               Amendments

    1994--Pub. L. 103-337 renumbered section 690 of this title as this 
section and substituted ``Reserve Officer Training Corps units: 
limitation on number of Reserves assigned'' for ``Limitation on duty 
with Reserve Officer Training Corps units'' as section catchline.
    1993--Pub. L. 103-160 substituted ``may not exceed 275'' for ``may 
not exceed 200''.
    1992--Pub. L. 102-484 substituted ``The number of members of the 
reserve components'' for ``A member of a reserve component'', ``who are 
assigned'' for ``may not be assigned'', and ``may not exceed 200.'' for 
period at end.
    1991--Pub. L. 102-190 substituted ``Corps'' for ``Corp'' in section 
catchline.
    Pub. L. 102-25, Sec. 704(a)(3)(B), renumbered section 687 of this 
title as this section.
    Pub. L. 102-25, Sec. 704(a)(3)(A), made technical correction to 
directory language of Pub. L. 101-510, Sec. 559(a)(1), which enacted 
this section.


                    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 1991 Amendment

    Section 704(e) of Pub. L. 102-25 provided that: ``The amendments 
made by this section [amending this section and sections 6686 and 7381b 
of Title 42, The Public Health and Welfare, and amending provisions set 
out as notes under this section, sections 1701, 1705, 1721, 1724, 1733, 
2302, 2306a, 2432, and 3074 of this title, and section 1928 of Title 22, 
Foreign Relations and Intercourse] shall apply as if included in the 
enactment of the National Defense Authorization Act for Fiscal Year 1991 
(Public Law 101-510).''


                             Effective Date

    Section 559(b) of Pub. L. 101-510, as amended by Pub. L. 102-25, 
title VII, Sec. 704(a)(3)(C), Apr. 6, 1991, 105 Stat. 118, provided 
that: ``Section 690 [now 12321] of title 10, United States Code, as 
added by subsection (a), shall take effect on September 30, 1991.''


   Waiver of Prohibition on Certain Reserve Service With ROTC Program

    Section 525 of Pub. L. 102-190, as amended by Pub. L. 104-106, div. 
A, title XV, Sec. 1501(d)(2), Feb. 10, 1996, 110 Stat. 500, provided 
that: ``The Secretary of the military department concerned may waive the 
prohibition in section 12321 of title 10, United States Code, in the 
case of a member of a reserve component of the Armed Forces referred to 
in that section who is serving in an assignment to duty with a unit of 
the Reserve Officer Training Corps program on September 30, 1991, if the 
Secretary determines that the removal of the member from that assignment 
will cause a financial hardship for that member.''
