10 U.S.C. § 12304b — Selected Reserve: order to active duty for preplanned missions in support of the combatant commands
submitted 15 years ago by Pub. L. 112-81 to r/title-10-ARMED-FORCES · 586 words · no verdicts yet
A military Secretary can call up Selected Reserve units for planned combatant-command missions. They can serve up to 365 days without consent, if Congress gets budget details first. No more than 60,000 reserve members can be on this active duty at once.
(a) Authority: When a military department Secretary decides it's necessary to add to active forces for a preplanned mission supporting a combatant command, the Secretary may, subject to (b), order any Selected Reserve unit to active duty* for up to 365 straight days, without the members' consent.
(b) Limits: (1)(A) Units can be ordered up this way only if the manpower and costs are already specifically included in that year's defense budget materials, along with a description of the mission and the expected length of the call-up -- (B) unless the President's budget comes out after April 1 the year before the mobilization, in which case the Secretary can send Congress that information in a separate notice. (2) No more than 60,000 reserve members total can be on active duty under this section at once.
(c) Members ordered up this way don't count toward authorized active-duty strength or in-grade* limits.
(d) Whenever a Secretary orders a Selected Reserve unit to active duty under (a), the Secretary must report to Congress in writing, explaining the circumstances and the unit's anticipated use.
(e) Duty under this section ends by order of the relevant Secretary or by law.
(f) Nothing here changes or limits the War Powers Resolution.
(g) In choosing which units to order up without consent, officials must weigh: length and type of past service (to fairly spread out danger exposure); how often units have already been called up; family responsibilities; and whether members' jobs are necessary for national health, safety, or interest.
(h) The military department Secretaries must set policies and procedures for this, including for decisions under (g), and those policies need Defense Secretary approval before taking effect.
(i) "Defense budget materials" has the meaning given in section 231(f)(2) of this title.
When the Secretary of a military department determines that it is necessary to augment the active forces for a preplanned mission in support of a combatant command, the Secretary may, subject to subsection (b), order any unit of the Selected Reserve (as defined in section 10143(a) of this title), without the consent of the members, to active duty* for not more than 365 consecutive days.
Except as provided under subparagraph (B), units may be ordered to active duty under this section only if—
the manpower and associated costs of such active duty are specifically included and identified in the defense budget materials for the fiscal year or years in which such units are anticipated to be ordered to active duty; and
the budget information on such costs includes a description of the mission for which such units are anticipated to be ordered to active duty and the anticipated length of time of the order of such units to active duty on an involuntary basis.
In the event the President’s budget is delivered later than April 1st in the year prior to the year of the mobilization of one or more units under this section, the Secretary concerned* may submit to Congress the information required under subparagraph (A) in a separate notice.
Not more than 60,000 members of the reserve components of the armed forces* may be on active duty under this section at any one time.
Members ordered to active duty under this section shall not be counted in computing authorized strength* in members on active duty or total number of members in grade* under this title or any other law.
Whenever the Secretary of a military department orders any unit of the Selected Reserve to active duty under subsection (a), such Secretary shall submit to Congress a report, in writing, setting forth the circumstances necessitating the action taken under this section and describing the anticipated use of such unit.
Whenever any unit of the Selected Reserve is ordered to active duty under subsection (a), the service of all units so ordered to active duty may be terminated—
by order of the Secretary of the military department concerned; or
by law.
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.).
In determining which units of the Selected Reserve will be ordered to duty without their consent under this section, appropriate consideration shall be given to—
the length and nature of previous service, to assure such sharing of exposure to hazards as national security and military requirements will reasonably allow;
the frequency of assignments during service career;
family responsibilities; and
employment necessary to maintain the national health, safety, or interest.
The Secretaries of the military departments* shall prescribe policies and procedures to carry out this section, including on determinations with respect to orders to active duty under subsection (g). Such policies and procedures shall not go into effect until approved by the Secretary of Defense.
In this section, the term “defense budget materials” has the meaning given that term in section 231(f)(2) 1 of this title.
Source credit: (Added Pub. L. 112–81, div. A, title V, § 516(a)(1), Dec. 31, 2011, 125 Stat. 1395; amended Pub. L. 112–239, div. A, title X, § 1014(b), Jan. 2, 2013, 126 Stat. 1908; Pub. L. 118–31, div. A, title V, § 513, Dec. 22, 2023, 137 Stat. 245.)
- 2011Enacted · Pub. L. 112-81 · 125 Stat. 1395
- 2013Amended · Pub. L. 112-239 · 126 Stat. 1908
- 2023Amended · Pub. L. 118-31 · 137 Stat. 245
A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-81 on 2011-12-31.
all 0 arguments · sorted by: best
no arguments yet — make the first case