10 U.S.C. § 690

Current through P.L. 118-59 (published on www.congress.gov on 05/07/2024)

Section 690 - Retired members ordered to active duty: limitation on number

(a) GENERAL AND FLAG OFFICERS.-Not more than 15 retired general officers of the Army, Air Force, Marine Corps, or Space Force, and not more than 15 retired flag officers of the Navy, may be on active duty at any one time. For the purposes of this subsection a retired officer ordered to active duty for a period of 60 days or less is not counted.

(b) LIMITATION BY SERVICE.-

(1) Not more than 25 officers of any one armed force may be serving on active duty concurrently pursuant to orders to active duty issued under section 688 of this title.

(2) In the administration of paragraph (1), the following officers shall not be counted:

(A) A chaplain who is assigned to duty as a chaplain for the period of active duty to which ordered.

(B) A health care professional (as characterized by the Secretary concerned) who is assigned to duty as a health care professional for the period of the active duty to which ordered.

(C) Any officer assigned to duty with the American Battle Monuments Commission for the period of active duty to which ordered.

(D) Any member of the Retiree Council of the Army, Navy, or Air Force for the period on active duty to attend the annual meeting of the Retiree Council.

(E) An officer who is assigned to duty as a defense attache or service attache for the period of active duty to which ordered.

(c) WAIVER FOR PERIODS OF WAR OR NATIONAL EMERGENCY.-Subsection (a) does not apply in time of war or of national emergency declared by Congress or the President after November 30, 1980. Subsection (b) does not apply in time of war or of national emergency declared by Congress or the President.

10 U.S.C. § 690

Added Pub. L. 104-201, div. A, title V, §521(a), Sept. 23, 1996, 110 Stat. 2516; amended Pub. L. 106-65, div. A, title V, §507, Oct. 5, 1999, 113 Stat. 591; Pub. L. 107-107, div. A, title V, §509(b), Dec. 28, 2001, 115 Stat. 1091; Pub. L. 118-31, div. A, title XVII, §1741(b)(1), Dec. 22, 2023, 137 Stat. 680.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 690 was renumbered section 12321 of this title.Provisions similar to those in subsecs. (a) and (c) of this section were contained in section 688(c) of this title prior to repeal by Pub. L. 104-201, §521(a).

AMENDMENTS2023-Subsec. (a). Pub. L. 118-31 substituted "Marine Corps, or Space Force," for "or Marine Corps,". 2001-Subsec. (b)(2)(E). Pub. L. 107-107 added subpar. (E).1999-Subsec. (b)(2)(D). Pub. L. 106-65 added subpar. (D).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107-107 applicable with respect to officers serving on active duty as a defense attache or service attache on or after Dec. 28, 2001, see section 509(c) of Pub. L. 107-107 set out as a note under section 688 of this title.

EFFECTIVE DATE Section effective Sept. 30, 1997, see section 521(b) of Pub. L. 104-201 set out as a note under section 688 of this title.

Secretary concerned: The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
active duty: The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
officer: The term "officer" means a commissioned or warrant officer.