Section 20106 - Orders to active duty: without consent of member(a) MEMBERS IN A SPACE FORCE ACTIVE STATUS.-(1) A member of the Space Force in a space force active status who is not on sustained duty, may, without the consent of the member, be ordered to active duty or inactive duty in the same manner as a member of a reserve component ordered to active duty or inactive duty under the provisions of chapter 1209 of this title and any other provision of law authorizing the order to active duty of a member of a reserve component in an active status without the consent of the member.(2) The provisions of chapter 1209 of this title, or other applicable provisions of law, pertaining to a member of the Ready Reserve when ordered to active duty shall apply to a member of the Space Force who is in a space force active status when ordered to active duty under paragraph (1).(3) The provisions of section 12304 of this title pertaining to members in the Individual Ready Reserve mobilization category shall apply to a member of the Space Force who is designated an Individual Ready Guardian when ordered to active duty who meets the provisions of section 20102(b) of this title.(b) MEMBERS IN A SPACE FORCE INACTIVE STATUS.-(1) A member of the Space Force in a space force inactive status may be ordered to active duty under-(A) the provisions of chapter 1209 of this title;(B) any other provision of law authorizing the order to active duty of a member of a reserve component in an inactive status; and(C) the terms of any agreement entered into by the member under section 20103 of this title.(2) The provisions of chapter 1209 of this title, or other applicable provisions of law, pertaining to the Standby Reserve shall apply to a member of the Space Force who is in a space force inactive service when ordered to active duty.(d) OTHER APPLICABLE PROVISIONS.-The following provisions of chapter 1209 of this title pertaining1 shall apply to a member of the Space Force ordered to active duty in the same manner as to a Reserve or member of the Retired Reserve ordered to active duty:(1) Section 12305, relating to the authority of the President to suspend certain laws relating to promotion, retirement, and separation.(2) Section 12308, relating to retention after becoming qualified for retired pay.(3) Section 12313, relating to release from active duty.(4) Section 12314, relating to kinds of duty.(5) Section 12315, relating to duty with or without pay.(6) Section 12316, relating to payment of certain Reserves while on duty.(7) Section 12317, relating to theological students; limitations.(8) Section 12320, relating to grade in which ordered to active duty.1So in original.
Added Pub. L. 118-31, div. A, title XVII, §1715, Dec. 22, 2023, 137 Stat. 629. - 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.
- active status
- The term "active status" means the status of a member of a reserve component who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.
- grade
- The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
- space force active status
- The term "space force active status" means the status of a member of the Space Force who is not in a space force inactive status and is not retired.
- space force inactive status
- The term "space force inactive status" means the status of a member of the Space Force who is designated by the Secretary of the Air Force, under regulations prescribed by the Secretary, as being in a space force inactive status.
- space force retired status
- The term "space force retired status" means the status of a member of the Space Force who-(A) is receiving retired pay ; or(B) but for being under the eligibility age applicable under section 12731 of this title, would be eligible for retired pay under chapter 1223 of this title.
- sustained duty
- The term "sustained duty" means full-time duty by a member of the Space Force ordered to such duty by an authority designated by the Secretary of the Air Force-(A) in the case of an officer-(i) to fulfill the terms of an active-duty service commitment incurred by the officer under any provision of law; or(ii) with the consent of the officer; and(B) in the case of an enlisted member, with the consent of the enlisted member as specified in the terms of the member's enlistment or reenlistment agreement.