§ 12303. Ready Reserve: members not assigned to, or participating satisfactorily in, units

Statutory text

Notwithstanding any other provision of law, the President may order to active duty any member of the Ready Reserve of an armed force who—

is not assigned to, or participating satisfactorily in, a unit of the Ready Reserve;

has not fulfilled his statutory reserve obligation; and

has not served on active duty for a total of 24 months.

A member who is ordered to active duty under this section may be required to serve on active duty until his total service on active duty equals 24 months. If his enlistment or other period of military service would expire before he has served the required period under this section, it may be extended until he has served the required period.

To achieve fair treatment among members of the Ready Reserve who are being considered for active duty under this section, appropriate consideration shall be given to—

family responsibilities; and

employment necessary to maintain the national health, safety, or interest.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1967
Pub. L. 90–40 § 6(1) · 81 Stat. 100
Enacted · 10 U.S.C. § 12303
Added Pub. L. 90–40, § 6(1), June 30, 1967, 81 Stat. 105, § 673a
Source evidence
Code source credit
Added Pub. L. 90–40, § 6(1), June 30, 1967, 81 Stat. 105, § 673a
Enacted provision · exact public law section
(1) by inserting the following new section after section 673: “§ 673a. Ready Reserve: members not assigned to, or participating satisfactorily in, units “(a) Notwithstanding any other provision of law, the President may order to active duty any member of the Ready Reserve of an armed force who— “(1) is not assigned to, or participating satisfactorily in, a unit of the Ready Reserve; “(2) has not fulfilled his statutory reserve obligation; and “(3) has not served on active duty for a total of 24 months. “(b) A member who is ordered to active duty under this section may be required to serve on active duty until his total service on active duty equals 24 months. If his enlistment or other period of military service would expire before he has served the required period under this section, it may be extended until he has served the required period. “(c) To achieve fair treatment among members of the Ready Reserve who are being considered for active duty under this section, appropriate consideration shall be given to— “(1) family responsibilities; and “(2) employment necessary to maintain the national health, safety, or interest.”; and
1994
Reserve Officer Personnel Management Act
Pub. L. 103–337 div. A title XVI § 1662(e)(2) · 108 Stat. 2663
Changed · 10 U.S.C. § 12303
Pub. L. 103–337 renumbered section 673a of this title as this section
Source evidence
Code amendment note
Pub. L. 103–337 renumbered section 673a of this title as this section.
Enacted provision · exact public law section
(2) Sections 672 through 673a, section 673b (as amended by section 511), sections 673c through 687, section 689 (as amended by section 1625), and section 690 are transferred to chapter 1209, as added by paragraph (1), inserted after the table of sections, and redesignated as follows: Section Redesignated section 672 12301 673 12302 673a 12303 673b 12304 673c 12305 674 12306 675 12307 676 12308 677 12309 678 12310 679 12311 680 12312 681 12313 682 12314 683 12315 684 12316 685 12317 686 12318 687 12319 689 12320 690 12321

2 of 2 references resolved to an enrolled provision

Editorial Notes

Amendments

1994—Pub. L. 103–337 renumbered section 673a of this title as this section.

Executive Documents

Ex. Ord. No. 11366. Authorization To Order Ready Reserve to Active Duty; Extension of Military Service

Ex. Ord. No. 11366, Aug. 4, 1967, 32 F.R. 11411, as amended by Ex. Ord. No. 13286, § 64, Feb. 28, 2003, 68 F.R. 10629, provided:

By virtue of the authority vested in me by section 673a [now 12303] of title 10 of the United States Code, and by section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows:

Section 1. (a) The Secretary of Defense is hereby authorized and empowered to exercise the authority vested in the President by section 673a [now 12303] of title 10 of the United States Code, to order to active duty any member of the Ready Reserve of an armed force (except the Coast Guard when not operating as a service in the Navy) who—

(1) is not assigned to, or participating satisfactorily in, a unit of the Ready Reserve;

(2) has not fulfilled his statutory reserve obligation; and

(3) has not served on active duty for a total of 24 months.

(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.

Credits

1967–1994 · 2 acts

1967Added Pub. L. 90–40, § 6(1), June 30, 1967, 81 Stat. 105, § 673a
1994renumbered § 12303, Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.

Show as published

(Added Pub. L. 90–40, § 6(1), June 30, 1967, 81 Stat. 105, § 673a; renumbered § 12303, Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.)