Title 10 — Armed ForcesRelease 119-73not60
§671b Members: Service Extension When Congress Is Not in Session
Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 39— ACTIVE DUTY › § 671b
Summary
If Congress adjourns without a set return date and the President thinks it's needed, he may let the Secretary of Defense extend military service that would end before the 30th day after reconvening, for up to six months. It ends on the Secretary's date or the 60th day after reconvening, unless law or Executive order ends sooner.
Full Legal Text
Title 10, §671b
Armed Forces — Source: USLM XML via OLRC
(a)Notwithstanding any other provision of law, when the President determines that the national interest so requires, he may, if Congress is not in session, having adjourned sine die, authorize the Secretary of Defense to extend for not more than six months enlistments, appointments, periods of active duty, periods of active duty for training, periods of obligated service, or other military status, in any component of the armed forces, that expire before the thirtieth day after Congress next convenes or reconvenes.
(b)An extension under this section continues until the sixtieth day after Congress next convenes or reconvenes or until the expiration of the period of extension specified by the Secretary of Defense, whichever occurs earlier, unless sooner terminated by law or Executive order.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
1989—Subsec. (a). Pub. L. 101–189 substituted “armed forces” for “Armed Forces of the United States”.
Reference
Citations & Metadata
Citation
10 U.S.C. § 671b
Title 10 — Armed Forces
Last Updated
Apr 3, 2026
Release point: 119-73not60