FEDERAL · 10 U.S.C. · Chapter 39
Authority to order to active duty in high-demand, low-density assignments
Current through Pub. L. 119-102
(a)Authority.—The Secretary of a military department may order to active duty a retired member who agrees to serve on active duty in an assignment intended to alleviate a high-demand, low-density military capability or in any other specialty designated by the Secretary as critical to meet wartime or peacetime requirements. Any such order may be made only with the consent of the member ordered to active duty and in accordance with an agreement between the Secretary and the member.
(b)Duration.—The period of active duty of a member under an order to active duty under subsection (a) shall be specified in the agreement entered into under that subsection.
(c)Limitation.—No more than a total of 1,000 members may be on active duty at any time under subsection (a).
(d)Relationship to Other Aut
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10 U.S.C. § 688a (Authority to order to active duty in high-demand, low-density assignments) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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Source Credit
History
(Added Pub. L. 107–314, div. A, title V, §503(a)(1), Dec. 2, 2002, 116 Stat. 2530; amended Pub. L. 109–364, div. A, title VI, §621(b), (d)(2)(A), Oct. 17, 2006, 120 Stat. 2254, 2255; Pub. L. 111–383, div. A, title V, §531(a), Jan. 7, 2011, 124 Stat. 4215; Pub. L. 115–91, div. A, title V, §527, Dec. 12, 2017, 131 Stat. 1383; Pub. L. 116–283, div. A, title V, §511, Jan. 1, 2021, 134 Stat. 3587; Pub. L. 118–31, div. A, title V, §521(a), Dec. 22, 2023, 137 Stat. 249.)
Editorial Notes
Editorial Notes
Amendments
2023—Pub. L. 118–31, §521(a)(1), substituted "Authority" for "Retired members: temporary authority" in section catchline.
Subsecs. (f) to (h). Pub. L. 118–31, §521(a)(2)–(4), redesignated subsecs. (g) and (h) as (f) and (g), respectively, substituted "limitation in subsection (c)" for "limitations in subsections (c) and (f)" in subsec. (f), and struck out former subsec. (f) which related to expiration of authority under this section.
2021—Subsecs. (g), (h). Pub. L. 116–283 added subsec. (g) and redesignated former subsec. (g) as (h).
2017—Subsec. (f). Pub. L. 115–91 substituted "outside a period as follows:" for "after December 31, 2011." and added pars. (1) and (2).
2011—Subsec. (f). Pub. L. 111–383 substituted "December 31, 2011" for "December 31, 2010".
2006—Pub. L. 109–364, §621(d)(2)(A), substituted "Retired members: temporary authority to order to active duty in high-demand, low-density assignments" for "Retired aviators: temporary authority to order to active duty" in section catchline.
Subsec. (a). Pub. L. 109–364, §621(b)(1), in first sentence, substituted "The Secretary of a military department may order to active duty a retired member who agrees to serve on active duty in an assignment intended to alleviate a high-demand, low-density military capability or in any other specialty designated by the Secretary as critical to meet wartime or peacetime requirements" for "The Secretary of a military department may order to active duty a retired officer having expertise as an aviator to fill staff positions normally filled by aviators on active duty" and, in second sentence, substituted "member" for "officer" in two places.
Subsec. (b). Pub. L. 109–364, §621(b)(2), substituted "a member" for "an officer".
Subsec. (c). Pub. L. 109–364, §621(b)(3), substituted "1,000 members" for "500 officers".
Subsec. (d). Pub. L. 109–364, §621(b)(4), substituted "member to active duty under" for "officer to active duty under".
Subsec. (e). Pub. L. 109–364, §621(b)(5), substituted "Retired members" for "Officers".
Subsec. (f). Pub. L. 109–364, §621(b)(6), substituted "A retired member" for "An officer" and "December 31, 2010" for "September 30, 2008".
Subsec. (g). Pub. L. 109–364, §621(b)(7), added subsec. (g).
Statutory Notes and Related Subsidiaries
Transition Provision
Pub. L. 107–314, div. A, title V, §503(c), Dec. 2, 2002, 116 Stat. 2531, provided that: "Any officer ordered to active duty under section 501 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 589) who continues on active duty under such order to active duty after the date of the enactment of this Act [Dec. 2, 2002] shall be counted for purposes of the limitation under subsection (c) of section 688a of title 10, United States Code, as added by subsection (a)."
Amendments
2023—Pub. L. 118–31, §521(a)(1), substituted "Authority" for "Retired members: temporary authority" in section catchline.
Subsecs. (f) to (h). Pub. L. 118–31, §521(a)(2)–(4), redesignated subsecs. (g) and (h) as (f) and (g), respectively, substituted "limitation in subsection (c)" for "limitations in subsections (c) and (f)" in subsec. (f), and struck out former subsec. (f) which related to expiration of authority under this section.
2021—Subsecs. (g), (h). Pub. L. 116–283 added subsec. (g) and redesignated former subsec. (g) as (h).
2017—Subsec. (f). Pub. L. 115–91 substituted "outside a period as follows:" for "after December 31, 2011." and added pars. (1) and (2).
2011—Subsec. (f). Pub. L. 111–383 substituted "December 31, 2011" for "December 31, 2010".
2006—Pub. L. 109–364, §621(d)(2)(A), substituted "Retired members: temporary authority to order to active duty in high-demand, low-density assignments" for "Retired aviators: temporary authority to order to active duty" in section catchline.
Subsec. (a). Pub. L. 109–364, §621(b)(1), in first sentence, substituted "The Secretary of a military department may order to active duty a retired member who agrees to serve on active duty in an assignment intended to alleviate a high-demand, low-density military capability or in any other specialty designated by the Secretary as critical to meet wartime or peacetime requirements" for "The Secretary of a military department may order to active duty a retired officer having expertise as an aviator to fill staff positions normally filled by aviators on active duty" and, in second sentence, substituted "member" for "officer" in two places.
Subsec. (b). Pub. L. 109–364, §621(b)(2), substituted "a member" for "an officer".
Subsec. (c). Pub. L. 109–364, §621(b)(3), substituted "1,000 members" for "500 officers".
Subsec. (d). Pub. L. 109–364, §621(b)(4), substituted "member to active duty under" for "officer to active duty under".
Subsec. (e). Pub. L. 109–364, §621(b)(5), substituted "Retired members" for "Officers".
Subsec. (f). Pub. L. 109–364, §621(b)(6), substituted "A retired member" for "An officer" and "December 31, 2010" for "September 30, 2008".
Subsec. (g). Pub. L. 109–364, §621(b)(7), added subsec. (g).
Statutory Notes and Related Subsidiaries
Transition Provision
Pub. L. 107–314, div. A, title V, §503(c), Dec. 2, 2002, 116 Stat. 2531, provided that: "Any officer ordered to active duty under section 501 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 589) who continues on active duty under such order to active duty after the date of the enactment of this Act [Dec. 2, 2002] shall be counted for purposes of the limitation under subsection (c) of section 688a of title 10, United States Code, as added by subsection (a)."