Stat/Auth

§ 12304

TITLE 10—ARMED FORCES

(b) In pursuance of the provisions of section 673a [now
12303] of title 10 of the United States Code, the Secretary of Defense is hereby authorized to require a
member ordered to active duty under the authority of
this Order to serve on active duty until his total service on active duty equals 24 months. If the enlistment
or period of military service of a member of the Ready
Reserve ordered to active duty under this authority
would expire before he has served the required period of
active duty prescribed herein, his enlistment or period
of military service may be extended until he has served
the required period.
(c) In pursuance of the provisions of section 673a [now
12303] of title 10 of the United States Code, and in order
to achieve fair treatment among members of the Ready
Reserve who are being considered for active duty under
this authority, appropriate consideration shall be given
to—
(1) family responsibilities; and
(2) employment necessary to maintain the national
health, safety, or interest.
SEC. 2. The Secretary of Homeland Security is hereby
authorized and empowered to exercise the authority
vested in the President by section 673a [now 12303] of
the title 10 of the United States Code, with respect to
any member of the Ready Reserve of the Coast Guard
when it is not operating as a service in the Navy, under
the same conditions as such authority may be exercised
by the Secretary of Defense under this Order with respect to any member of the Ready Reserve of any other
armed force.
SEC. 3. (a) The Secretary of Defense may designate
any of the Secretaries of the military departments of
the Department of Defense to exercise the authority
vested in him by section 1 of this Order.
(b) The Secretary of Homeland Security may designate the Commandant of the United States Coast
Guard to exercise the authority vested in him by section 2 of this Order.
SEC. 4. Executive Order No. 11327 of February 15, 1967,
is superseded except with respect to members of the
Ready Reserve ordered to active duty under the authority of that Order.
EX. ORD. NO. 11406. ASSIGNING AUTHORITY TO ORDER
READY RESERVE TO ACTIVE DUTY
Ex. Ord. No. 11406, Apr. 10, 1968, 33 F.R. 5735, authorized Secretary of Defense and, when designated by him,
any of Secretaries of military departments of Department of Defense to exercise authority vested in President until June 30, 1968 by paragraph (e) of title I of the
Department of Defense Appropriation Act, 1967 (80 Stat.
981) to order any unit in the Ready Reserve to active
duty for a period not to exceed 24 months.

§ 12304. Selected Reserve and certain Individual
Ready Reserve members; order to active
duty other than during war or national
emergency
(a) AUTHORITY.—Notwithstanding the provisions of section 12302(a) or any other provision of
law, when the President determines that it is
necessary to augment the active forces for any
named operational mission or that it is necessary to provide assistance referred to in subsection (b), he may authorize the Secretary of
Defense and the Secretary of Homeland Security
with respect to the Coast Guard when it is not
operating as a service in the Navy, without the
consent of the members concerned, to order any
unit, and any member not assigned to a unit organized to serve as a unit of the Selected Reserve (as defined in section 10143(a) of this title),
or any member in the Individual Ready Reserve
mobilization category and designated as essential under regulations prescribed by the Sec-

Page 2374

retary concerned, under their respective jurisdictions, to active duty for not more than 365
consecutive days.
(b) SUPPORT FOR RESPONSES TO CERTAIN EMERGENCIES.—The authority under subsection (a) includes authority to order a unit or member to
active duty to provide assistance in responding
to an emergency involving—
(1) a use or threatened use of a weapon of
mass destruction; or
(2) a terrorist attack or threatened terrorist
attack in the United States that results, or
could result, in significant loss of life or property.
(c) LIMITATIONS.—(1) No unit or member of a
reserve component may be ordered to active
duty under this section to perform any of the
functions authorized by chapter 15 or section
12406 of this title or, except as provided in subsection (b), to provide assistance to either the
Federal Government or a State in time of a serious natural or manmade disaster, accident, or
catastrophe.
(2) Not more than 200,000 members of the Selected Reserve and the Individual Ready Reserve
may be on active duty under this section at any
one time, of whom not more than 30,000 may be
members of the Individual Ready Reserve.
(3) No unit or member of a reserve component
may be ordered to active duty under this section
to provide assistance referred to in subsection
(b) unless the President determines that the requirements for responding to an emergency referred to in that subsection have exceeded, or
will exceed, the response capabilities of local,
State, and Federal civilian agencies.
(d) EXCLUSION FROM STRENGTH LIMITATIONS.—
Members ordered to active duty under this section shall not be counted in computing authorized strength in members on active duty or
members in grade under this title or any other
law.
(e) POLICIES AND PROCEDURES.—The Secretary
of Defense and the Secretary of Homeland Security shall prescribe such policies and procedures
for the armed forces under their respective jurisdictions as they consider necessary to carry out
this section.
(f) NOTIFICATION OF CONGRESS.—Whenever the
President authorizes the Secretary of Defense or
the Secretary of Homeland Security to order
any unit or member of the Selected Reserve or
Individual Ready Reserve to active duty, under
the authority of subsection (a), he shall, within
24 hours after exercising such authority, submit
to Congress a report, in writing, setting forth
the circumstances necessitating the action
taken under this section and describing the anticipated use of these units or members.
(g) TERMINATION OF DUTY.—Whenever any unit
of the Selected Reserve or any member of the
Selected Reserve not assigned to a unit organized to serve as a unit, or any member of the
Individual Ready Reserve, is ordered to active
duty under authority of subsection (a), the service of all units or members so ordered to active
duty may be terminated by—
(1) order of the President, or
(2) law.
(h) RELATIONSHIP TO WAR POWERS RESOLUTION.—Nothing contained in this section shall be

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TITLE 10—ARMED FORCES

construed as amending or limiting the application of the provisions of the War Powers Resolution (50 U.S.C. 1541 et seq.).
(i) CONSIDERATIONS FOR INVOLUNTARY ORDER TO
ACTIVE DUTY.—(1) In determining which members of the Selected Reserve and Individual
Ready Reserve will be ordered to duty without
their consent under this section, appropriate
consideration shall be given to—
(A) the length and nature of previous service, to assure such sharing of exposure to hazards as the national security and military requirements will reasonably allow;
(B) the frequency of assignments during
service career;
(C) family responsibilities; and
(D) employment necessary to maintain the
national health, safety, or interest.
(2) The Secretary of Defense shall prescribe
such policies and procedures as the Secretary
considers necessary to carry out this subsection.
(j) DEFINITIONS.—In this section:
(1) The term ‘‘Individual Ready Reserve mobilization category’’ means, in the case of any
reserve component, the category of the Individual Ready Reserve described in section
10144(b) of this title.
(2) The term ‘‘weapon of mass destruction’’
has the meaning given that term in section
1403 of the Defense Against Weapons of Mass
Destruction Act of 1996 (50 U.S.C. 2302(1)).
(Added Pub. L. 94–286, § 1, May 14, 1976, 90 Stat.
517, § 673b; amended Pub. L. 96–584, § 2, Dec. 23,
1980, 94 Stat. 3377; Pub. L. 97–295, § 1(9), Oct. 12,
1982, 96 Stat. 1289; Pub. L. 99–661, div. A, title V,
§ 521, Nov. 14, 1986, 100 Stat. 3870; renumbered
§ 12304 and amended, Pub. L. 103–337, div. A, title
V, § 511(a), title XVI, §§ 1662(e)(2), 1675(c)(2), Oct.
5, 1994, 108 Stat. 2752, 2992, 3017; Pub. L. 105–85,
div. A, title V, § 511(b)–(e)(1), Nov. 18, 1997, 111
Stat. 1728, 1729; Pub. L. 105–261, div. A, title V,
§ 511(a), Oct. 17, 1998, 112 Stat. 2005; Pub. L.
107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116
Stat. 2314; Pub. L. 107–314, div. A, title V, § 514(a),
Dec. 2, 2002, 116 Stat. 2539; Pub. L. 108–136, div. A,
title V, § 515, Nov. 24, 2003, 117 Stat. 1460; Pub. L.
108–375, div. A, title V, § 514(c), Oct. 28, 2004, 118
Stat. 1883; Pub. L. 109–364, div. A, title V, § 522,
title X, § 1076(c), Oct. 17, 2006, 120 Stat. 2192, 2406;
Pub. L. 110–181, div. A, title X, §§ 1063(a)(15),
1068(c), Jan. 28, 2008, 122 Stat. 322, 326; Pub. L.
112–81, div. A, title V, § 516(b), Dec. 31, 2011, 125
Stat. 1397.)
REFERENCES IN TEXT
The War Powers Resolution, referred to in subsec. (h),
is Pub. L. 93–148, Nov. 7, 1973, 87 Stat. 555, which is classified generally to chapter 33 (§ 1541 et seq.) of Title 50,
War and National Defense. For complete classification
of this Resolution to the Code, see Short Title note set
out under section 1541 of Title 50 and Tables.
AMENDMENTS
2011—Subsec. (a). Pub. L. 112–81 inserted ‘‘named’’ before ‘‘operational mission’’ and substituted ‘‘365 consecutive days’’ for ‘‘365 days’’.
2008—Subsec. (a). Pub. L. 110–181, § 1063(a)(15), struck
out second period at end.
Subsec. (c)(1). Pub. L. 110–181, § 1068(c), substituted
‘‘No unit or member of a reserve component may be ordered to active duty under this section to perform any
of the functions authorized by chapter 15 or section

§ 12304

12406 of this title or, except as provided in subsection
(b),’’ for ‘‘Except to perform any of the functions authorized by chapter 15 or section 12406 of this title or by
subsection (b), no unit or member of a reserve component may be ordered to active duty under this section’’.
2006—Subsec. (a). Pub. L. 109–364, § 522(a), substituted
‘‘365 days.’’ for ‘‘270 days’’.
Subsec. (c)(1). Pub. L. 109–364, § 1076(c), substituted
‘‘Except to perform any of the functions authorized by
chapter 15 or section 12406 of this title or by subsection
(b), no unit or member of a reserve component may be
ordered to active duty under this section’’ for ‘‘No unit
or member of a reserve component may be ordered to
active duty under this section to perform any of the
functions authorized by chapter 15 or section 12406 of
this title or, except as provided in subsection (b),’’.
Subsecs. (i), (j). Pub. L. 109–364, § 522(b), added subsec.
(i) and redesignated former subsec. (i) as (j).
2004—Subsec. (a). Pub. L. 108–375 struck out ‘‘(other
than for training)’’ after ‘‘active duty’’.
2003—Subsec. (b)(2). Pub. L. 108–136, § 515(1), substituted ‘‘significant’’ for ‘‘catastrophic’’.
Subsec. (c)(3). Pub. L. 108–136, § 515(2), added par. (3).
2002—Subsec. (a). Pub. L. 107–296 substituted ‘‘of
Homeland Security’’ for ‘‘of Transportation’’.
Subsec. (b). Pub. L. 107–314 substituted ‘‘involving—
‘‘(1) a use or threatened use of a weapon of mass destruction; or
‘‘(2) a terrorist attack or threatened terrorist attack in the United States that results, or could result, in catastrophic loss of life or property.’’
for ‘‘involving a use or threatened use of a weapon of
mass destruction.’’
Subsecs. (e), (f). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’.
1998—Subsec. (a). Pub. L. 105–261, § 511(a)(1)(A), (3)(A),
inserted heading and inserted ‘‘or that it is necessary
to provide assistance referred to in subsection (b)’’
after ‘‘operational mission’’ in text.
Subsec. (b). Pub. L. 105–261, § 511(a)(1)(D), added subsec. (b). Former subsec. (b) redesignated subsec. (c)(1).
Subsec. (c). Pub. L. 105–261, § 511(a)(1)(B), (C), redesignated subsec. (b) as par. (1) of subsec. (c), inserted subsec. heading, substituted ‘‘or, except as provided in subsection (b), to provide’’ for ‘‘, or to provide’’, and redesignated former subsec. (c) as par. (2).
Subsecs. (d) to (h). Pub. L. 105–261, § 511(a)(3)(B)–(F),
inserted headings.
Subsec. (i). Pub. L. 105–261, § 511(a)(2), amended subsec. (i) generally. Prior to amendment, subsec. (i) read
as follows: ‘‘For purposes of this section, the term ‘Individual Ready Reserve mobilization category’ means,
in the case of any reserve component, the category of
the Individual Ready Reserve described in section
10144(b) of this title.’’
1997—Pub. L. 105–85, § 511(e)(1), inserted ‘‘and certain
Individual Ready Reserve members’’ after ‘‘Selected
Reserve’’ in section catchline.
Subsec. (a). Pub. L. 105–85, § 511(b), inserted ‘‘or any
member in the Individual Ready Reserve mobilization
category and designated as essential under regulations
prescribed by the Secretary concerned,’’ after ‘‘of this
title),’’.
Subsec. (c). Pub. L. 105–85, § 511(c), inserted ‘‘and the
Individual Ready Reserve’’ after ‘‘Selected Reserve’’
and ‘‘, of whom not more than 30,000 may be members
of the Individual Ready Reserve’’ before period at end.
Subsec. (f). Pub. L. 105–85, § 511(d)(1), inserted ‘‘or Individual Ready Reserve’’ after ‘‘Selected Reserve’’.
Subsec. (g). Pub. L. 105–85, § 511(d)(2), inserted ‘‘, or
any member of the Individual Ready Reserve,’’ after
‘‘to serve as a unit’’ in introductory provisions.
Subsec. (i). Pub. L. 105–85, § 511(d)(3), added subsec. (i).
1994—Pub. L. 103–337, § 1662(e)(2), renumbered section
673b of this title as this section.
Subsec. (a). Pub. L. 103–337, § 1675(c)(2)(A), (B), substituted ‘‘12302(a)’’ for ‘‘673(a)’’ and ‘‘10143(a)’’ for
‘‘268(b)’’.
Pub. L. 103–337, § 511(a)(1), substituted ‘‘270 days’’ for
‘‘90 days’’.

§ 12304

TITLE 10—ARMED FORCES

Subsec. (b). Pub. L. 103–337, § 1675(c)(2)(C), substituted
‘‘12406’’ for ‘‘3500 or 8500’’.
Subsec. (i). Pub. L. 103–337, § 511(a)(2), struck out subsec. (i) which read as follows: ‘‘When a unit of the Selected Reserve, or a member of the Selected Reserve
not assigned to a unit organized to serve as a unit of
the Selected Reserve, is ordered to active duty under
this section and the President determines that an extension of the service of such unit or member on active
duty is necessary in the interests of national security,
he may authorize the Secretary of Defense and the Secretary of Transportation with respect to the Coast
Guard when it is not operating as a service in the Navy
to extend the period of such order to active duty for a
period of not more than 90 additional days. Whenever
the President exercises his authority under this subsection, he shall immediately notify Congress of such
action and shall include in the notification a statement
of reasons for the action. Nothing in this subsection
shall be construed as limiting the authorities to terminate the service of units or members ordered to active
duty under this section under subsection (g).’’
1986—Subsec. (b). Pub. L. 99–661, § 521(c)(1), substituted ‘‘reserve component’’ for ‘‘Reserve component’’.
Subsec. (c). Pub. L. 99–661, § 521(a), substituted
‘‘200,000’’ for ‘‘100,000’’.
Subsec. (e). Pub. L. 99–661, § 521(c)(2), substituted
‘‘armed forces’’ for ‘‘Armed Forces’’.
Subsec. (f). Pub. L. 99–661, § 521(c)(3), substituted
‘‘Congress’’ for ‘‘the Speaker of the House of Representatives and to the President pro tempore of the Senate’’.
Subsec. (g)(2). Pub. L. 99–661, § 521(c)(4), substituted
‘‘law’’ for ‘‘a concurrent resolution of the Congress’’.
Subsec. (i). Pub. L. 99–661, § 521(b), added subsec. (i).
1982—Subsec. (h). Pub. L. 97–295 inserted ‘‘(50 U.S.C.
1541 et seq.)’’ after ‘‘the War Powers Resolution’’.
1980—Subsec. (c). Pub. L. 96–584 substituted ‘‘100,000’’
for ‘‘50,000’’.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective on the date of
transfer of the Coast Guard to the Department of
Homeland Security, see section 1704(g) of Pub. L.
107–296, set out as a note under section 101 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by sections 1662(e)(2) and 1675(c)(2) of
Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out
as an Effective Date note under section 10001 of this
title.
ORDERS TO ACTIVE DUTY FOR SELECTED RESERVE COMBAT UNITS INVOLVED IN OPERATION DESERT SHIELD;
EXTENSIONS OF TIME FOR FISCAL YEAR 1991
Pub. L. 101–511, title VIII, § 8132, Nov. 5, 1990, 104 Stat.
1908, provided that, during fiscal year 1991, the President, in authorizing under this section the order to active duty of units and members of the Selected Reserve,
could use that authority in the case of orders to active
duty in support of operations in and around the Arabian Peninsula and Operation Desert Shield as if ‘‘180’’
were substituted for ‘‘90’’ in subsecs. (a) and (i) of this
section.
EX. ORD. NO. 12727. ORDERING SELECTED RESERVE OF
ARMED FORCES TO ACTIVE DUTY
Ex. Ord. No. 12727, Aug. 22, 1990, 55 F.R. 35027, as
amended by Ex. Ord. No. 13286, § 39, Feb. 28, 2003, 68 F.R.
10626, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including sections 121 and 673b [now 12304] of
title 10 of the United States Code, I hereby determine
that it is necessary to augment the active armed forces
of the United States for the effective conduct of operational missions in and around the Arabian Peninsula.
Further, under the stated authority, I hereby authorize

Page 2376

the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when the
latter is not operating as a service in the Department
of the Navy, to order to active duty units and individual members not assigned to units, of the Selected Reserve.
This order is intended only to improve the internal
management of the executive branch, and is not intended to create any right or benefit, substantive or
procedural, enforceable at law by a party against the
United States, its agencies, its officers, or any person.
This order shall be published in the Federal Register
and transmitted promptly to the Congress.
EX. ORD. NO. 12733. AUTHORIZING EXTENSION OF PERIOD
OF ACTIVE DUTY OF PERSONNEL OF SELECTED RESERVE
OF ARMED FORCES
Ex. Ord. No. 12733, Nov. 13, 1990, 55 F.R. 47837, as
amended by Ex. Ord. No. 13286, § 37, Feb. 28, 2003, 68 F.R.
10626, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including sections 121 and 673b(i) [673b now
12304] of title 10 of the United States Code, I hereby determine that, in the interests of national security, extending the period of active duty is necessary for the
following: units of the Selected Reserve, and members
of the Selected Reserve not assigned to a unit organized to serve as a unit of the Selected Reserve, now
serving on or hereafter ordered to active duty pursuant
to section 673b(a) [now 12304(a)] of title 10 of the United
States Code and Executive Order No. 12727 of August 22,
1990 [set out above]. Further, under the stated authority, I hereby authorize the Secretary of Defense, and
the Secretary of Homeland Security with respect to the
Coast Guard when the latter is not operating as a service in the Department of the Navy, to extend the period
of active duty of such units and members of the Selected Reserve.
This order is intended only to improve the internal
management of the executive branch, and is not intended to create any right or benefit, substantive or
procedural, enforceable at law by a party against the
United States, its agencies, its officers, or any person.
This order shall be published in the Federal Register
and transmitted promptly to the Congress.
EX. ORD. NO. 12927. ORDERING SELECTED RESERVE OF
ARMED FORCES TO ACTIVE DUTY
Ex. Ord. No. 12927, Sept. 15, 1994, 59 F.R. 47781, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including sections 121 and 673b [now 12304] of
title 10 of the United States Code, I hereby determine
that it is necessary to augment the active armed forces
of the United States for the effective conduct of operational missions to restore the civilian government in
Haiti. Further, under the stated authority, I hereby authorize the Secretary of Defense, and the Secretary of
Transportation with respect to the Coast Guard when it
is not operating as a service in the Department of the
Navy, to order to active duty any units, and any individual members not assigned to a unit organized to
serve as a unit, of the Selected Reserve.
This order is intended only to improve the internal
management of the executive branch, and is not intended to create any right or benefit, substantive or
procedural, enforceable at law by a party against the
United States, its agencies, its officers, or any person.
This order is effective immediately and shall be published in the Federal Register and transmitted to the
Congress.
WILLIAM J. CLINTON.
EX. ORD. NO. 12982. ORDERING SELECTED RESERVE OF
ARMED FORCES TO ACTIVE DUTY
Ex. Ord. No. 12982, Dec. 8, 1995, 60 F.R. 63895, as
amended by Ex. Ord. No. 13286, § 21, Feb. 28, 2003, 68 F.R.
10624, provided:

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TITLE 10—ARMED FORCES

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including sections 121 and 12304 of title 10,
United States Code, I hereby determine that it is necessary to augment the active armed forces of the
United States for the effective conduct of operations in
and around former Yugoslavia. Further, under the stated authority, I hereby authorize the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a
service in the Department of the Navy, to order to active duty any units, and any individual members not
assigned to a unit organized to serve as a unit, of the
Selected Reserve.
This order is intended only to improve the internal
management of the executive branch and is not intended to create any right or benefit, substantive or
procedural, enforceable at law by a party against the
United States, its agencies, its officers, or any person.
This order shall be published in the Federal Register
and transmitted to the Congress.
EX. ORD. NO. 13076. ORDERING SELECTED RESERVE OF
ARMED FORCES TO ACTIVE DUTY
Ex. Ord. No. 13076, Feb. 24, 1998, 63 F.R. 9719, as
amended by Ex. Ord. No. 13286, § 17, Feb. 28, 2003, 68 F.R.
10623, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including sections 121 and 12304 of title 10,
United States Code, I hereby determine that it is necessary to augment the active armed forces of the
United States for the effective conduct of operations in
and around Southwest Asia. Further, under the stated
authority, I hereby authorize the Secretary of Defense,
and the Secretary of Homeland Security with respect
to the Coast Guard when it is not operating as a service
in the Department of the Navy, to order to active duty
any units, and any individual members not assigned to
a unit organized to serve as a unit, of the Selected Reserve.
This order is intended only to improve the internal
management of the executive branch and is not intended to create any right or benefit, substantive or
procedural, enforceable at law by a party against the
United States, its agencies, its officers, or any person.
EX. ORD. NO. 13120. ORDERING SELECTED RESERVE AND
CERTAIN INDIVIDUAL READY RESERVE MEMBERS OF
ARMED FORCES TO ACTIVE DUTY
Ex. Ord. No. 13120, Apr. 27, 1999, 64 F.R. 23007, as
amended by Ex. Ord. No. 13286, § 14, Feb. 28, 2003, 68 F.R.
10623, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including sections 121 and 12304 of title 10,
United States Code, I hereby determine that it is necessary to augment the active armed forces of the
United States for the effective conduct of operations in
and around the former Yugoslavia related to the conflict in Kosovo. Further, under the stated authority, I
hereby authorize the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Department of the Navy, under their respective jurisdictions, to order to active duty any units, and any individual members not assigned to a unit organized to
serve as a unit, of the Selected Reserve, or any member
in the Individual Ready Reserve mobilization category
and designated as essential under regulations prescribed by the Secretary concerned, and to terminate
the service of those units and members ordered to active duty.
This order is intended only to improve the internal
management of the executive branch and is not intended to create any right or benefit, substantive or
procedural, enforceable at law by a party against the
United States, its agencies, its officers, or any person.

§ 12304b

EX. ORD. NO. 13529. ORDERING THE SELECTED RESERVE
AND CERTAIN INDIVIDUAL READY RESERVE MEMBERS OF
THE ARMED FORCES TO ACTIVE DUTY
Ex. Ord. No. 13529, Jan. 16, 2010, 75 F.R. 3331, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including sections 121 and 12304 of title 10,
United States Code, I hereby determine that it is necessary to augment the active Armed Forces of the
United States for the effective conduct of operational
missions, including those involving humanitarian assistance, related to relief efforts in Haiti necessitated
by the earthquake on January 12, 2010. Further, under
the stated authority, I hereby authorize the Secretary
of Defense, and the Secretary of Homeland Security
with respect to the Coast Guard when it is not operating as a service in the Navy, under their respective jurisdictions, to order to active duty any units, and any
individual members not assigned to a unit organized to
serve as a unit, of the Selected Reserve, or any member
in the Individual Ready Reserve mobilization category
and designated as essential under regulations prescribed by the Secretary concerned, and to terminate
the service of those units and members ordered to active duty.
This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
BARACK OBAMA.

§ 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
(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.
(Added Pub. L. 112–81, div. A, title V, § 515(a)(1),
Dec. 31, 2011, 125 Stat. 1394.)
§ 12304b. Selected Reserve: order to active duty
for preplanned missions in support of the
combatant commands
(a) AUTHORITY.—When the Secretary of a military department determines that it is necessary
to augment the active forces for a preplanned
mission in support of a combatant command,
the Secretary may, subject to subsection (b),
order any unit of the Selected Reserve (as de-