10 U.S.C. § 12321

Current through P.L. 118-78 (published on www.congress.gov on 07/30/2024)
Section 12321 - Reserve Officer Training Corps units: limitation on number of Reserves assigned

The number of members of the reserve components serving on active duty or full-time National Guard duty for the purpose of organizing, administering, recruiting, instructing, or training the reserve components who are assigned to duty with a unit of the Reserve Officer Training Corps program may not exceed 275.

10 U.S.C. § 12321

Added Pub. L. 101-510, div. A, title V, §559(a)(1), Nov. 5, 1990, 104 Stat. 1571, §687; renumbered §690 and amended Pub. L. 102-25, §704(a)(3)(A), (B), Apr. 6, 1991, 105 Stat. 118; Pub. L. 102-190, div. A, title X, §1061(a)(4)(A), Dec. 5, 1991, 105 Stat. 1472; Pub. L. 102-484, div. A, title V, §512, Oct. 23, 1992, 106 Stat. 2405; Pub. L. 103-160, div. A, title V, §512, Nov. 30, 1993, 107 Stat. 1649; renumbered §12321 and amended Pub. L. 103-337, div. A, title XVI, §1662(e)(2), (3), Oct. 5, 1994, 108 Stat. 2992.

EDITORIAL NOTES

AMENDMENTS1994- Pub. L. 103-337 renumbered section 690 of this title as this section and substituted "Reserve Officer Training Corps units: limitation on number of Reserves assigned" for "Limitation on duty with Reserve Officer Training Corps units" as section catchline.1993-Pub. L. 103-160 substituted "may not exceed 275" for "may not exceed 200". 1992-Pub. L. 102-484 substituted "The number of members of the reserve components" for "A member of a reserve component", "who are assigned" for "may not be assigned", and "may not exceed 200." for period at end.1991- Pub. L. 102-190 substituted "Corps" for "Corp" in section catchline.Pub. L. 102-25, §704(a)(3)(B), renumbered section 687 of this title as this section.Pub. L. 102-25, §704(a)(3)(A), made technical correction to directory language of Pub. L. 101-510, §559(a)(1), which enacted this section.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1994 AMENDMENT Amendment by 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.

EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102-25, §704(e), Apr. 6, 1991, 105 Stat. 120, provided that: "The amendments made by this section [amending this section and sections 6686 and 7381b of Title 42, The Public Health and Welfare, and amending provisions set out as notes under this section, sections 1701, 1705, 1721, 1724, 1733, 2302, 2306a, 2432, and 3074 of this title, and section 1928 of Title 22, Foreign Relations and Intercourse] shall apply as if included in the enactment of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510)."

EFFECTIVE DATE Pub. L. 101-510, div. A, title V, §559(b), Nov. 5, 1990, 104 Stat. 1571, as amended by Pub. L. 102-25, §704(a)(3)(C), Apr. 6, 1991, 105 Stat. 118, provided that: "Section 690 [now 12321] of title 10, United States Code, as added by subsection (a), shall take effect on September 30, 1991."

WAIVER OF PROHIBITION ON CERTAIN RESERVE SERVICE WITH ROTC PROGRAM Pub. L. 102-190, div. A, title V, §525, Dec. 5, 1991, 105 Stat. 1363, as amended by Pub. L. 104-106, div. A, title XV, §1501(d)(2), Feb. 10, 1996, 110 Stat. 500, permitted the Secretary of the military department concerned to waive the prohibition in this section in the case of a member of a reserve component of the Armed Forces who is serving with the Reserve Officer Training Corps program on Sept. 30, 1991, if the removal of the member from that assignment would cause a financial hardship for that member.

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.
armed forces
The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
full-time National Guard duty
The term "full-time National Guard duty" means training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member's status as a member of the National Guard of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia under section 316, 502, 503, 504, or 505 of title 32 for which the member is entitled to pay from the United States or for which the member has waived pay from the United States.
officer
The term "officer" means a commissioned or warrant officer.