---
kind: "section"
citation: "10 U.S.C. § 12304a"
title: "10"
title_heading: "Armed Forces"
number: "12304a"
heading: "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"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/12304a"
units:
  - "Subtitle E — Reserve Components"
  - "Part II — Personnel Generally"
  - "Chapter 1209 — Active Duty"
---

# §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](/usc/10/102.md) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5122](/usc/42/5122.md))), the [Secretary](/usc/10/12521.md?p=4) 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](/usc/10/101.md?p=c-6), Navy [Reserve](/usc/10/101.md?p=c-6), Marine Corps [Reserve](/usc/10/101.md?p=c-6), and Air Force [Reserve](/usc/10/101.md?p=c-6) to [active duty](/usc/10/101.md?p=d-1) 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](/usc/10/101.md?p=d-1) under this section shall not be counted in computing [authorized strength](/usc/10/101.md?p=b-11) of members on [active duty](/usc/10/101.md?p=d-1) or members in [grade](/usc/10/101.md?p=b-7) under this title or any other law.
- (c) **Termination of Duty.—** Whenever any unit or member of the [reserve](/usc/10/101.md?p=c-6) components is ordered to [active duty](/usc/10/101.md?p=d-1) under this section, the service of all units or members so ordered to [active duty](/usc/10/101.md?p=d-1) may be terminated by order of the [Secretary](/usc/10/12521.md?p=4) of Defense or law.

## Source credit

(Added Pub. L. 112–81, div. A, title V, § 515(a)(1), Dec. 31, 2011, 125 Stat. 1394.)