§688a — Title 10 Armed Forces | U.S. Code

Summary

The head of a military department can bring a retired service member back to active duty if the retiree agrees and signs an agreement. The agreement must say how long the person will serve. At any one time, no more than 1,000 retirees may be on active duty under this rule, unless the nation is at war or a national emergency is declared by Congress or the President. This power is in addition to the recall powers in section 688 and other laws, and those recalled this way do not count for sections 688 or 690. High-demand, low-density military capability: a combat, support, or job area that the Secretary of Defense finds has far fewer funds, gear, or people than needed for real operational needs.

Title 10, §688a

Armed Forces — Source: USLM XML via OLRC

(a)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)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)No more than a total of 1,000 members may be on active duty at any time under subsection (a).

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

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

(g)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—Pub. L. 118–31, § 521(a)(1), substituted “Authority” for “Retired members: temporary authority” in section catchline. Subsecs. (f) to (h). Pub. L. 118–31, § 521(a)(2)–(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. 2021—Subsecs. (g), (h). Pub. L. 116–283 added subsec. (g) and redesignated former subsec. (g) as (h). 2017—Subsec. (f). Pub. L. 115–91 substituted “outside a period as follows:” for “after

December 31, 2011.” and added pars. (1) and (2). 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).

Statutory Notes and Related Subsidiaries

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).”

§688a Authority to order to active duty in high-demand, low-density assignments