Title 10, Armed ForcesRelease 119-110

§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 E — Reserve Components › PART II — PERSONNEL GENERALLY › CHAPTER 1209 — ACTIVE DUTY › § 12304a

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Defense may call Army, Navy, Marine Corps, or Air Force reservists to active duty for up to 120 days without their permission when a Governor asks for federal help after a major disaster or emergency (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)). Those reservists do not count toward active-duty strength limits, and the Secretary of Defense or a law can end their active duty.

Full Legal Text

Title 10, §12304a

Armed Forces, Source: USLM XML via OLRC

(a)Authority.—

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)Exclusion From Strength Limitations.—

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)Termination of Duty.—

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

Sep 22, 2026

Release point: 119-110