10 U.S.C. § 688a | Authority to order to active duty in high-demand, low-density assignments

(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 Authority .—

section 688 of this titleThe authority to order a retired member to active duty under this section is in addition to the authority under or any other provision of law authorizing the Secretary concerned to order a retired member to active duty.

(e)

Inapplicability of Certain Provisions .—

Retired members ordered to active duty under subsection (a) shall not be counted for purposes of section 688 or 690 of this title.

(f)

Exceptions During Periods of War or National Emergency .—

The limitation in subsection (c) shall not apply during a time of war or of national emergency declared by Congress or the President.

(g)

High-Demand, Low-Density Military Capability Defined .—

In this section, the term “high-demand, low-density military capability” means a combat, combat support or service support capability, unit, system, or occupational specialty that the Secretary of Defense determines has funding, equipment, or personnel levels that are substantially below the levels required to fully meet or sustain actual or expected operational requirements set by regional commanders.

Pub. L. 107–314, div. A, title V, § 503(a)(1)Dec. 2, 2002116 Stat. 2530 Pub. L. 109–364, div. A, title VI, § 621(b)Oct. 17, 2006120 Stat. 2254 Pub. L. 111–383, div. A, title V, § 531(a)Jan. 7, 2011124 Stat. 4215 Pub. L. 115–91, div. A, title V, § 527Dec. 12, 2017131 Stat. 1383 Pub. L. 116–283, div. A, title V, § 511Jan. 1, 2021134 Stat. 3587 Pub. L. 118–31, div. A, title V, § 521(a)Dec. 22, 2023137 Stat. 249(Added , , ; amended , (d)(2)(A), , , 2255; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 118–31, § 521(a)(1)2023—, substituted “Authority” for “Retired members: temporary authority” in section catchline.

Pub. L. 118–31, § 521(a)(2)Subsecs. (f) to (h). –(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.

Pub. L. 116–2832021—Subsecs. (g), (h). added subsec. (g) and redesignated former subsec. (g) as (h).

Pub. L. 115–91December 31, 20112017—Subsec. (f). substituted “outside a period as follows:” for “after .” and added pars. (1) and (2).

Pub. L. 111–383December 31, 2011December 31, 20102011—Subsec. (f). substituted “” for “”.

Pub. L. 109–364, § 621(d)(2)(A)2006—, 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.

Pub. L. 109–364, § 621(b)(1)Subsec. (a). , 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.

Pub. L. 109–364, § 621(b)(2)Subsec. (b). , substituted “a member” for “an officer”.

Pub. L. 109–364, § 621(b)(3)Subsec. (c). , substituted “1,000 members” for “500 officers”.

Pub. L. 109–364, § 621(b)(4)Subsec. (d). , substituted “member to active duty under” for “officer to active duty under”.

Pub. L. 109–364, § 621(b)(5)Subsec. (e). , substituted “Retired members” for “Officers”.

Pub. L. 109–364, § 621(b)(6)December 31, 2010September 30, 2008Subsec. (f). , substituted “A retired member” for “An officer” and “” for “”.

Pub. L. 109–364, § 621(b)(7)Subsec. (g). , added subsec. (g).

Statutory Notes and Related Subsidiaries

Transition Provision

Pub. L. 107–314, div. A, title V, § 503(c)Dec. 2, 2002116 Stat. 2531

Public Law 106–65 113 Stat. 589Dec. 2, 2002section 688a of title 10“Any officer ordered to active duty under section 501 of the National Defense Authorization Act for Fiscal Year 2000 (; ) who continues on active duty under such order to active duty after the date of the enactment of this Act [] shall be counted for purposes of the limitation under subsection (c) of , United States Code, as added by subsection (a).”

, , , provided that: