Title 10 — Armed ForcesRelease 119-73
§12304a Army Reserve, Navy Reserve, Marine Corps Reserve, and Air Force Reserve: order to active duty to provide assistance in response to a major disaster or emergency
Title 10 › Subtitle Subtitle E— - Reserve Components › Part PART II— - PERSONNEL GENERALLY › Chapter CHAPTER 1209— - ACTIVE DUTY › § 12304a
Summary
When a Governor asks for federal help after a major disaster or emergency, the Defense Secretary can order Army, Navy, Marine Corps, and Air Force Reserve units or members onto active duty for up to 120 days without the member’s permission. Those ordered do not count toward official active‑duty or grade totals. The Defense Secretary or a law can end those active‑duty orders.
Full Legal Text
Title 10, §12304a
Armed Forces — Source: USLM XML via OLRC
(a)When a Governor requests Federal assistance in responding to a major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), the Secretary of Defense may, without the consent of the member affected, order any unit, and any member not assigned to a unit organized to serve as a unit, of the Army Reserve, Navy Reserve, Marine Corps Reserve, and Air Force Reserve to active duty for a continuous period of not more than 120 days to respond to the Governor’s request.
(b)Members ordered to active duty under this section shall not be counted in computing authorized strength of members on active duty or members in grade under this title or any other law.
(c)Whenever any unit or member of the reserve components is ordered to active duty under this section, the service of all units or members so ordered to active duty may be terminated by order of the Secretary of Defense or law.
Reference
Citations & Metadata
Citation
10 U.S.C. § 12304a
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73