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

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2002

   Pub. L. 107–314 div. A title V § 503(a)(1) · 116 Stat. 2458

   Enacted · 10 U.S.C. § 688a

   Added Pub. L. 107–314, div. A, title V, § 503(a)(1), Dec. 2, 2002, 116 Stat. 2530

   Source evidence

   Code source credit
   Added Pub. L. 107–314, div. A, title V, § 503(a)(1), Dec. 2, 2002, 116 Stat. 2530

   Enacted provision · exact public law section
   (1) Chapter 39 of title 10, United States Code, is amended by inserting after section 688 the following new section: “§688a. Retired aviators: temporary authority to order to active duty “(a) Authority.— 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. Any such order may be made only with the consent of the officer ordered to active duty and in accordance with an agreement between the Secretary and the officer. “(b) Duration.— The period of active duty of an officer 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 500 officers may be on active duty at any time under subsection (a). “(d) Relationship to Other Authority.— The authority to order a retired officer 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.— Officers 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.— An officer may not be ordered to active duty under this section after September 30, 2008.”.

2. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 621(d)(2)(A) · 120 Stat. 2083

   Substituted · 10 U.S.C. § 688a

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (A) The heading of section 688a of title 10, United States Code, is amended to read as follows: “§ 688a. Retired members: temporary authority to order to active duty in high-demand, low-density assignments” .

3. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 621(b)(1) · 120 Stat. 2083

   1. Substituted · 10 U.S.C. § 688a(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

   2. Substituted · 10 U.S.C. § 688a(a)

      Pub. L. 109–364, § 621(b)(1), in first sentence, substituted “member” for “officer” in two places

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) in subsection (a)— (A) by striking the first sentence and inserting the following new sentence: “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.”; and (B) in the second sentence, by striking “officer” both places it appears and inserting “member”;

4. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 621(b)(2) · 120 Stat. 2083

   Substituted · 10 U.S.C. § 688a(b)

   Pub. L. 109–364, § 621(b)(2), substituted “a member” for “an officer”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 109–364, § 621(b)(2), substituted “a member” for “an officer”.

   Enacted provision · exact public law section
   (2) in subsection (b), by striking “an officer” and inserting “a member”;

5. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 621(b)(3) · 120 Stat. 2083

   Substituted · 10 U.S.C. § 688a(c)

   Pub. L. 109–364, § 621(b)(3), substituted “1,000 members” for “500 officers”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 109–364, § 621(b)(3), substituted “1,000 members” for “500 officers”.

   Enacted provision · exact public law section
   (3) in subsection (c), by striking “500 officers” and inserting “1,000 members”;

6. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 621(b)(4) · 120 Stat. 2083

   Substituted · 10 U.S.C. § 688a(d)

   Pub. L. 109–364, § 621(b)(4), substituted “member to active duty under” for “officer to active duty under”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 109–364, § 621(b)(4), substituted “member to active duty under” for “officer to active duty under”.

   Enacted provision · exact public law section
   (4) in subsection (d), by striking “officer” and inserting “member”;

7. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 621(b)(5) · 120 Stat. 2083

   Substituted · 10 U.S.C. § 688a(e)

   Pub. L. 109–364, § 621(b)(5), substituted “Retired members” for “Officers”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 109–364, § 621(b)(5), substituted “Retired members” for “Officers”.

   Enacted provision · exact public law section
   (5) in subsection (e), by striking “Officers” and inserting “Retired members”;

8. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 621(b)(6) · 120 Stat. 2083

   1. Substituted · 10 U.S.C. § 688a(f)

      Pub. L. 109–364, § 621(b)(6), substituted “A retired member” for “An officer”

   2. Substituted · 10 U.S.C. § 688a(f)

      Pub. L. 109–364, § 621(b)(6), substituted “December 31, 2010” for “September 30, 2008”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 109–364, § 621(b)(6), substituted “A retired member” for “An officer” and “December 31, 2010” for “September 30, 2008”.

   Enacted provision · exact public law section
   (6) in subsection (f)— (A) by striking “An officer” and inserting “A retired member”; and (B) by striking “September 30, 2008” and inserting “December 31, 2010”; and

9. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 621(b)(7) · 120 Stat. 2083

   Added · 10 U.S.C. § 688a(g)

   Pub. L. 109–364, § 621(b)(7), added subsec. (g)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 109–364, § 621(b)(7), added subsec. (g).

   Enacted provision · exact public law section
   (7) by adding at the end the following new subsection: “(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.” .

10. 2011

    Ike Skelton National Defense Authorization Act for Fiscal Year 2011

    Pub. L. 111–383 div. A title V § 531(a) · 124 Stat. 4137

    Substituted · 10 U.S.C. § 688a(f)

    Pub. L. 111–383 substituted “December 31, 2011” for “December 31, 2010”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 111–383 substituted “December 31, 2011” for “December 31, 2010”.

    Enacted provision · exact public law section
    (a) Extension of Authority.— Section 688a(f) of title 10, United States Code, is amended by striking “December 31, 2010” and inserting “December 31, 2011”.

11. 2017

    National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 div. A title V § 527 · 131 Stat. 1283

    1. Substituted · 10 U.S.C. § 688a(f)

       Pub. L. 115–91 substituted “outside a period as follows:” for “after December 31, 2011.”

    2. Added · 10 U.S.C. § 688a(f)

       Pub. L. 115–91 added pars. (1) and (2)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 115–91 substituted “outside a period as follows:” for “after December 31, 2011.” and added pars. (1) and (2).

    Enacted provision · exact public law section
    SEC. 527. REAUTHORIZATION OF AUTHORITY TO ORDER RETIRED MEMBERS TO ACTIVE DUTY IN HIGH-DEMAND, LOW-DENSITY ASSIGNMENTS.   Section 688a(f) of title 10, United States Code, is amended by striking “after December 31, 2011.” and inserting “outside a period as follows: “(1) The period beginning on December 2, 2002, and ending on December 31, 2011. “(2) The period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018 and ending on December 31, 2022.” .

12. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title V § 511 · 134 Stat. 3388

    1. Added · 10 U.S.C. § 688a(g); 10 U.S.C. § 688a(h)

       Pub. L. 116–283 added subsec. (g)

    2. Redesignated · 10 U.S.C. § 688a(g); 10 U.S.C. § 688a(h)

       Pub. L. 116–283 redesignated former subsec. (g) as (h)

    Source evidence

    Code amendment note
    Subsecs. (g), (h). Pub. L. 116–283 added subsec. (g) and redesignated former subsec. (g) as (h).

    Enacted provision · exact public law section
    SEC. 511. TEMPORARY AUTHORITY TO ORDER RETIRED MEMBERS TO ACTIVE DUTY IN HIGH-DEMAND, LOW-DENSITY ASSIGNMENTS DURING WAR OR NATIONAL EMERGENCY.   Section 688a of title 10, United States Code, is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection (g): “(g) Exceptions During Periods of War or National Emergency.— The limitations in subsections (c) and (f) shall not apply during a time of war or of national emergency declared by Congress or the President.” .

13. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 521(a)(1) · 137 Stat. 136

    Substituted · 10 U.S.C. § 688a

    Pub. L. 118–31, § 521(a)(1), substituted “Authority” for “Retired members: temporary authority” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 118–31, § 521(a)(1), substituted “Authority” for “Retired members: temporary authority” in section catchline.

    Enacted provision · exact public law section
    (1) in the section heading, by striking “Retired members: temporary authority” and inserting “Authority”;

14. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 521(a)(2) · 137 Stat. 136

    1. Redesignated · 10 U.S.C. § 688a(f)(h)

       Pub. L. 118–31, § 521(a)(2)–(4), redesignated subsecs. (g) and (h) as (f) and (g), respectively

    2. Substituted · 10 U.S.C. § 688a(f)(h)

       Pub. L. 118–31, § 521(a)(2)–(4), substituted “limitation in subsection (c)” for “limitations in subsections (c) and (f)” in subsec. (f)

    3. Struck · 10 U.S.C. § 688a(f)(h)

       Pub. L. 118–31, § 521(a)(2)–(4), struck out former subsec. (f) which related to expiration of authority under this section

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (2) by striking subsection (f);

20 of 20 references resolved to an enrolled provision