
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC12103]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
                     CHAPTER 1203--ENLISTED MEMBERS
 
Sec. 12103. Reserve components: terms

    (a) Except as otherwise prescribed by law, enlistments as Reserves 
are for terms prescribed by the Secretary concerned. However, an 
enlistment that is in effect at the beginning of a war or of a national 
emergency declared by Congress, or entered into during such a war or 
emergency, and that would otherwise expire, continues in effect until 
the expiration of six months after the end of that war or emergency, 
whichever is later, unless sooner terminated by the Secretary concerned.
    (b) Under regulations to be prescribed by the Secretary of Defense, 
and by the Secretary of Transportation with respect to the Coast Guard 
when it is not operating as a service in the Navy, a person who is 
qualified for enlistment for active duty in an armed force, and who is 
not under orders to report for induction into an armed force under the 
Military Selective Service Act (50 U.S.C. App. 451 et seq.), may be 
enlisted as a Reserve for service in the Army Reserve, Naval Reserve, 
Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve, for a 
term of not less than six years nor more than eight years. Each person 
enlisted under this subsection shall serve--
        (1) on active duty for a period of not less than two years; and
        (2) the rest of his period of enlistment as a member of the 
    Ready Reserve.

    (c) In time of war or of national emergency declared by Congress the 
term of service of an enlisted member transferred to a reserve component 
according to law, that would otherwise expire, continues until the 
expiration of six months after the end of that war or emergency, 
whichever is later, unless sooner terminated by the Secretary concerned.
    (d) Under regulations to be prescribed by the Secretary of Defense, 
or the Secretary of Transportation with respect to the Coast Guard when 
it is not operating as a service in the Navy, a non-prior-service person 
who is qualified for induction for active duty in an armed force and who 
is not under orders to report for induction into an armed force under 
the Military Selective Service Act (50 U.S.C. App. 451 et seq.), except 
as provided in section 6(c)(2)(A)(ii) and (iii) of such Act, may be 
enlisted in the Army National Guard or the Air National Guard, or as a 
Reserve for service in the Army Reserve, Naval Reserve, Air Force 
Reserve, Marine Corps Reserve, or Coast Guard Reserve, for a term of not 
less than six years nor more than eight years. Each person enlisted 
under this subsection shall perform an initial period of active duty for 
training of not less than twelve weeks to commence insofar as 
practicable within 270 days after the date of that enlistment.

(Aug. 10, 1956, ch. 1041, 70A Stat. 18, Sec. 511; Pub. L. 85-861, 
Sec. 1(8), Sept. 2, 1958, 72 Stat. 1439; Pub. L. 88-110, Sec. 3, Sept. 
3, 1963, 77 Stat. 135; Pub. L. 90-168, Sec. 2(11), Dec. 1, 1967, 81 
Stat. 523; Pub. L. 94-106, title VIII, Sec. 802(a), Oct. 7, 1975, 89 
Stat. 537; Pub. L. 95-485, title IV, Sec. 405(c)(1), Oct. 20, 1978, 92 
Stat. 1615; Pub. L. 96-107, title VIII, Sec. 805(a), Nov. 9, 1979, 93 
Stat. 812; Pub. L. 96-513, title V, Sec. 511(14), Dec. 12, 1980, 94 
Stat. 2921; Pub. L. 97-252, title XI, Sec. 1115(a), Sept. 8, 1982, 96 
Stat. 750; Pub. L. 97-295, Sec. 1(6), Oct. 12, 1982, 96 Stat. 1289; Pub. 
L. 98-94, title X, Sec. 1022(a)(1), Sept. 24, 1983, 97 Stat. 670; 
renumbered Sec. 12103, Pub. L. 103-337, div. A, title XVI, 
Sec. 1662(b)(2), Oct. 5, 1994, 108 Stat. 2989.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
511(a)................................  50:951 (less (c)).                   Ju
ly 9, 1952, ch. 608, Sec.  227,
511(b)................................  50:951(c).                            6
6 Stat. 488.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the first sentence is substituted for 50:951(a). 
The words ``as Reserves in the Armed Forces of the United States'' and 
``the existence of'' are omitted as surplusage.
    In subsections (a) and (b), the word ``hereafter'' is omitted as 
surplusage. The words ``the expiration of'' are inserted for clarity.
    In subsection (b), the word ``continues'' is substituted for the 
words ``shall * * * be extended''.

                                                    1958 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
511(b)................................  50:1012.                             Au
g. 9, 1955, ch. 665, Sec.  2(i)
                                                                              (
1st 2 pars.), 69 Stat. 600.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (b), the words ``respectively, pursuant to the 
provisions of this section'' are omitted as surplusage. The words ``as a 
Reserve for service'' are inserted to reflect section 510 of this title. 
The last six words of the first sentence are substituted for 50:1012(b) 
(1st sentence).

                       References in Text

    The Military Selective Service Act, referred to in subsecs. (b) and 
(d), is act June 24, 1948, ch. 625, 62 Stat. 604, as amended, which is 
classified principally to section 451 et seq. of Title 50, Appendix, War 
and National Defense. Section 6 of the Act is classified to section 456 
of Title 50, Appendix. For complete classification of this Act to the 
Code, see References in Text note set out under section 451 of Title 50, 
Appendix, and Tables.


                               Amendments

    1994--Pub. L. 103-337 renumbered section 511 of this title as this 
section.
    1983--Subsec. (b). Pub. L. 98-94, Sec. 1022(a)(1)(A), substituted 
``not less than six years nor more than eight years'' for ``six years''.
    Subsec. (d). Pub. L. 98-94, Sec. 1022(a)(1)(B), substituted ``not 
less than six years nor more than eight years'' for ``six years''.
    1982--Subsec. (b). Pub. L. 97-295 substituted ``(50 U.S.C. App. 451 
et seq.)'' for ``(50 U.S.C. App. 451-473)'' after ``Military Selective 
Service Act''.
    Subsec. (d). Pub. L. 97-252 extended to 270 from 180 days 
requirement for commencement of initial period of active duty for 
training after date of enlistment.
    1980--Subsec. (d). Pub. L. 96-513 substituted ``Military Selective 
Service Act (50 U.S.C. App. 451 et seq.)'' for ``Military Selective 
Service Act of 1967 (50 App. U.S.C. 451-473)''.
    1979--Subsec. (d). Pub. L. 96-107 struck out requirement that a non-
prior-service person be under 26 years of age.
    1978--Subsec. (b). Pub. L. 95-485, in provision preceding cl. (1), 
substituted ``the Secretary of Defense, and by the Secretary of 
Transportation with respect to the Coast Guard when it is not operating 
as a service in the Navy'' for ``the Secretary concerned'' and ``the 
Military Selective Service Act (50 U.S.C. App. 451-473)'' for ``sections 
451-473 of title 50, appendix'', in cl. (1), substituted ``not less than 
two years; and'' for ``two years;'', struck out former cl. (2), 
requiring a person enlisted under this subsec. to serve satisfactorily 
as a member of the Ready Reserve for a period which when added to his 
active duty under cl. (1) totals five years, redesignated former cl. (3) 
as (2), and in cl. (2) as so redesignated, substituted ``Ready Reserve'' 
for ``Standby Reserve''.
    1975--Subsec. (d). Pub. L. 94-106 reduced initial period of active 
duty for training for persons enlisted under this subsection from four 
months to twelve weeks.
    1967--Subsec. (d). Pub. L. 90-168 substituted the Secretary of 
Transportation for the Secretary of the Treasury as the prescribing 
authority for regulations covering the Coast Guard when not operating as 
part of the Navy, inserted exception as provided in section 
6(c)(2)(A)(ii) and (iii) of the Military Selective Service Act of 1967, 
added requirement that the initial period of four months' service 
commence insofar as practicable within 180 days after the date of 
enlistment, and struck out provision that the remainder of the period of 
service after the initial period of four months be served, subject to 
section 269(e)(4) of this title, as a member of the Ready Reserve.
    1963--Subsec. (d). Pub. L. 88-110 added subsec. (d).
    1958--Subsecs. (b), (c). Pub. L. 85-861, Sec. 1(8)(A), added subsec. 
(b) and redesignated former subsec. (b) as (c).


                    Effective Date of 1983 Amendment

    Section 1022(a)(2) of Pub. L. 98-94 provided that: ``The amendments 
made by paragraph (1) [amending this section] shall apply only with 
respect to persons who enlist under the authority of subsection (b) or 
(d) of section 511 [now 12103] of title 10, United States Code, 60 or 
more days after the date of the enactment of this Act [Sept. 24, 
1983].''


                    Effective Date of 1982 Amendment

    Section 1115(b) of Pub. L. 97-252 provided that: ``The amendment 
made by this section [amending this section] shall be effective with 
respect to persons enlisting in a reserve component of the Armed Forces 
after the end of the ninety-day period beginning on the date of the 
enactment of this Act [Sept. 8, 1982].''


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this 
title.


                    Effective Date of 1979 Amendment

    Section 805(c) of Pub. L. 96-107 provided that: ``The amendments 
made by this section [amending this section and section 651 of this 
title] shall apply only to individuals who become members of an Armed 
Force after the date of the enactment of this Act [Nov. 9, 1979].''


                    Effective Date of 1978 Amendment

    Section 405(c)(2) of Pub. L. 95-485 provided that: ``The amendments 
made by paragraph (1) [amending this section] shall not apply with 
respect to a person who enlisted as a Reserve for service in the Armed 
Forces under section 511(b) [now 12103(b)] of title 10, United States 
Code, before the date of the enactment of this Act [Oct. 20, 1978].''


                    Effective Date of 1967 Amendment

    For effective date of amendment by Pub. L. 90-168, see section 7 of 
Pub. L. 90-168, set out as a note under section 138 of this title.

                  Section Referred to in Other Sections

    This section is referred to in title 5 section 2108; title 14 
section 713; title 37 section 205; title 38 sections 3002, 3202, 3452, 
3501; title 50 App. section 456.
