10-U.S.C.-688A
§688A – Retired Members: Temporary Authority to Order to Active Duty In High-Demand, Low-Density Assignments
Pathway
Title 10 > Subtitle A > Part II > Chapter 39 > Section 688a
Details
- Reference: Section 688a
- Legend: §688A – Retired Members: Temporary Authority to Order to Active Duty In High-Demand, Low-Density Assignments
- USCode Year: 2013
Provision Content
(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.—The authority to order a retired member to active duty under this section is in addition to the authority under section 688 of this title 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) Expiration of Authority.—A retired member may not be ordered to active duty under this section after December 31, 2011.
(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.
(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.)
Amendments
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).
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).
U.S. Encyclopedia of Law Coverage
10-U.S.C.-677 in the Legal Encyclopedia: General Military Law
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10-U.S.C.-672 in the Legal Encyclopedia: Enlistments
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