(Aug. 10, 1956, 83352, ch. 1041, 70A Stat. 194; Sept. 2, 1958, P.L. 85-861, § 1(80)(A), 72 Stat. 1468; June 30, 1960, P.L. 86-559, § 1(7), 74 Stat. 265; Sept. 29, 1988, P.L. 100-456, § 1234(a), 102 Stat. 2059; transferred, redesignated § 12213, and amended P.L. 103-337, §§ 1636(a), 1662(c)(3), 1675(b)(2), Oct. 5, 1994, 108 Stat. 2968, 2990, 3017.) § 12214. Officers; Air Force Reserve: transfer from Air National Guard of 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of the Air National Guard of the United States whose Federal recognition as a member of the Air National Guard is withdrawn becomes a member of the Air Force Reserve.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, § 8352, ch. 1041, 70A Stat. 520; Sept. 7, 1962, P.L. 87-651, title I, § 126, 76 Stat. 514; Sept. 29, 1988, P.L. 100-456, § 1234(a), 102 Stat. 2059; transferred, redesignated § 12214, and amended P.L. 103–337, §§ 1662(c)(3), 1675(b)(2), Oct. 5, 1994, 108 Stat. 2990, 3017.) § 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 P.L. 103–337, § 1662(c)(1), Oct. 5, 1994, 108 Stat. 2990 (derived from §§ 3392, 8392].) Sec. 12241. 12242. 12243. CHAPTER 1207-WARRANT OFFICERS Warrant officers: grades; appointment, how made; term. Warrant officers: suspension of laws for promotions or mandatory retire- § 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 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. (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, §597, ch. 1041, 70A Stat. 26; Nov. 8, 1985, P.L. 99-145, § 531(b), 99 Stat. 633; Dec. 5, 1991, P.L. 102-190, § 1131(2), 105 Stat. 1505; transferred and redesignated § 12241 P.L. 103-337, § 1662(d)(2), Oct. 5, 1994, 108 Stat. 2991.) § 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, §598, ch. 1041, 70A Stat. 26; Dec. 5, 1991, P.L. 102-190, 81131(3), 105 Stat. 1505; transferred and redesignated § 12242 P.L. 103-337, § 1662(d)(2), Oct. 5, 1994, 108 Stat. 2991.) § 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, §599, ch. 1041, 70A Stat. 26; transferred and redesignated § 12243 P.L. 103– 337, § 1662(d)(2), Oct. 5, 1994, 108 Stat. 2991.) CHAPTER 1209-ACTIVE DUTY Reserve components generally. Sec. 12301. 12302. Ready Reserve. 12303. 12304. 12305. Ready Reserve: members not assigned to, or participating satisfactorily in, units. Selected Reserve: order to active duty other than during war or national emergency. Authority of President to suspend certain laws relating to promotion, retirement, and separation. Standby Reserve. Retention on active duty after becoming qualified for retired pay. Reserve officers: use of in expansion of armed forces. Reserves: for organizing, administering, etc., reserve components. Active duty agreements: release from duty. 12306. 12307. Retired Reserve. 12308. 12309. 12310. 12311. 12312. 12313. 12314. 12315. Reserves: duty with or without pay. 12316. 12317. 12318. 12319. 12320. Reserves: kinds of duty. Payment of certain Reserves while on duty. Reserves: theological students; limitations. Reserve officers: grade in which ordered to active duty. 12321. Reserve Officer Training Corps units: limitation on number of Reserves assigned. § 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. (Aug. 10, 1956, § 672, ch. 1041, 70A Stat. 27; Sept. 2, 1958, P.L. 85–861, §§ 1(13), 33(a)(5), 72 Stat. 1440, 1564; Sept. 24, 1980, P.L. 96–357, §6, 94 Stat. 1182; Dec. 23, 1980, P.L. 96-584, §1, 94 Stat. 3377; amended identically P.L. 99-500, 99-591, 99-661, §§ 101(c) [§ 9122], 101(c), [§ 9122], § 522, Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783-127, 3341-127, 3871; amended P.L. 99-661, § 524, Nov. 14, 1986, 100 Stat. 3871; P.L. 100-456, § 1234(a), Sept. 29, 1988, 102 Stat. 2059; transferred, redesignated §12301, and amended P.L. 103-337, §§ 1662(e)(2), 1675(c)(1), Oct. 5, 1994, 108 Stat. 2992, 3017.) § 12302. Ready Reserve 1 (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 (other than for training) 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. He shall report on those policies and procedures at least once a year to the Committees on Armed Services of the Senate and the House of Representatives. (c) Not more than 1,000,000 members of the Ready Reserve may be on active duty (other than for training), without their consent, under this section at any one time. (d) 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. (Aug. 10, 1956, §673, ch. 1041, 70A Stat. 28; Sept. 2, 1958, P.L. 85-861, §§ 1(14), 33(a)(5), 72 Stat. 1441, 1564; Nov. 16, 1973, P.L. 93-155, §303(a), 87 Stat. 607; transferred and redesignated § 12302 P.L. 103–337, § 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.) § 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; 1 By Executive Order 12743, dated Jan. 18, 1991, the authority under section 12302 [formerly 673] to order any unit, and any member not assigned to a unit, in the Ready Reserve to active duty (other than for training) for not more than 24 consecutive months, was invoked and made available to the Secretaries of the military departments, subject to the direction of the Secretary of Defense, and to the Secretary of Transportation with respect to the Coast Guard. |