
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: 10USC12302]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
                        CHAPTER 1209--ACTIVE DUTY
 
Sec. 12302. Ready Reserve

    (a) In time of national emergency declared by the President after 
January 1, 1953, or when otherwise authorized by law, an authority 
designated by the Secretary concerned may, without the consent of the 
persons concerned, order any unit, and any member not assigned to a unit 
organized to serve as a unit, in the Ready Reserve under the 
jurisdiction of that Secretary to active duty (other than for training) 
for not more than 24 consecutive months.
    (b) To achieve fair treatment as between members in the Ready 
Reserve who are being considered for recall to duty without their 
consent, consideration shall be given to--
        (1) the length and nature of previous service, to assure such 
    sharing of exposure to hazards as the national security and military 
    requirements will reasonably allow;
        (2) family responsibilities; and
        (3) employment necessary to maintain the national health, 
    safety, or interest.

The Secretary of Defense shall prescribe such policies and procedures as 
he considers necessary to carry out this subsection. He shall report on 
those policies and procedures at least once a year to the Committee on 
Armed Services of the Senate and the Committee on Armed Services of the 
House of Representatives.
    (c) Not more than 1,000,000 members of the Ready Reserve may be on 
active duty (other than for training), without their consent, under this 
section at any one time.
    (d) Whenever one or more units of the Ready Reserve are ordered to 
active duty, the President shall, on the first day of the second fiscal 
year quarter immediately following the quarter in which the first unit 
or units are ordered to active duty and on the first day of each 
succeeding six-month period thereafter, so long as such unit is retained 
on active duty, submit a report to the Congress regarding the necessity 
for such unit or units being ordered to and retained on active duty. The 
President shall include in each such report a statement of the mission 
of each such unit ordered to active duty, an evaluation of such unit's 
performance of that mission, where each such unit is being deployed at 
the time of the report, and such other information regarding each unit 
as the President deems appropriate.

(Aug. 10, 1956, ch. 1041, 70A Stat. 28, Sec. 673; Pub. L. 85-861, 
Secs. 1(14), 33(a)(5), Sept. 2, 1958, 72 Stat. 1441, 1564; Pub. L. 93-
155, title III, Sec. 303(a), Nov. 16, 1973, 87 Stat. 607; renumbered 
Sec. 12302, Pub. L. 103-337, div. A, title XVI, Sec. 1662(e)(2), Oct. 5, 
1994, 108 Stat. 2992; Pub. L. 104-106, div. A, title XV, 
Sec. 1502(a)(2), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106-65, div. A, 
title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
673(a)................................  50:961(b)(1).                        Ju
ly 9, 1952, ch. 608, Sec.
673(b)................................  50:961(b)(2).                         2
33(b), 66 Stat. 489.
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---------------------------------

    In subsection (a), the words ``after January 1, 1953'' are 
substituted for the word ``hereafter'', to reflect the effective date of 
the source statute. The words ``without the consent of the persons 
concerned'' are substituted for the word ``involuntarily''.
    The words ``under the jurisdiction of that Secretary'' are inserted 
for clarity. The last sentence of the revised subsection is substituted 
for 50:961(b)(1) (proviso). The words ``and the members thereof'' and 
``and required to perform'' are omitted as surplusage.
    In subsection (b), the words ``to achieve'' are substituted for the 
words ``in the interest of''. The words ``without their consent'' are 
substituted for the word ``involuntarily''. The words ``who are being 
considered for'' are inserted for clarity. The words ``prescribe such 
policies and procedures'' are substituted for the words ``promulgate 
such policies and establish such procedures''. The words ``as he 
considers necessary'' are substituted for the words ``as may be required 
in his opinion''. The words ``this subsection'' are substituted for the 
words ``our intent here declared''. The words ``at least once a year'' 
are substituted for the words ``from time to time, and at least 
annually''. The words ``Senate and the House of Representatives'' are 
substituted for the word ``Congress''. 50:961(b)(2) (1st 18 words) is 
omitted as surplusage. The words ``with the objective'' and ``found to 
be'' are omitted as surplusage.

                                                    1958 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
673(a)................................  50:961(b)(1) (less proviso).         Au
g. 9, 1955, ch. 665, Sec.  2(f),
673(c)................................  50:961(b)(1) (proviso)                6
9 Stat. 599.
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---------------------------------

    In subsection (c), the words ``on active duty (other than for 
training)'' are substituted for the words ``may be required to perform 
active duty'' for clarity. The words ``without their consent'' are 
substituted for the word ``involuntarily''. The words ``of all reserve 
components'' and ``unless the Congress shall have authorized the 
exercise of the authority contained in this subsection'' are omitted as 
surplusage.
    The changes are necessary to reflect section 101(b) of the Armed 
Forces Reserve Act of 1952 (50 U.S.C. 901(b)), which defines the term 
``active duty'' to exclude active duty for training. This definition 
applied to the source law for these sections [sections 672 and 673], 
section 233(a), (b)(1), and (c) of the Armed Forces Reserve Act of 1952 
(50 U.S.C. 961(a), (b)(1), (c)).


                               Amendments

    1999--Subsec. (b). Pub. L. 106-65 substituted ``and the Committee on 
Armed Services'' for ``and the Committee on National Security'' in 
concluding provisions.
    1996--Subsec. (b). Pub. L. 104-106 substituted ``Committee on Armed 
Services of the Senate and the Committee on National Security of the 
House of Representatives'' for ``Committees on Armed Services of the 
Senate and the House of Representatives''.
    1994--Pub. L. 103-337 renumbered section 673 of this title as this 
section.
    1973--Subsec. (d). Pub. L. 93-155 added subsec. (d).
    1958--Subsec. (a). Pub. L. 85-861, Secs. 1(14)(A), 33(a)(5), 
inserted ``(other than for training)'' after ``active duty'', and struck 
out provisions that made subsection inapplicable unless Congress 
determined how many members of the reserve components were necessary, in 
the interest of national security, to be ordered to active duty.
    Subsec. (c). Pub. L. 85-861, Sec. 1(14)(B), added subsec. (c).


                    Effective Date of 1973 Amendment

    Section 303(b) of Pub. L. 93-155 provided that: ``The amendment made 
by subsection (a) of this section [amending this section] shall be 
effective with respect to any unit of the Ready Reserve ordered to 
active duty on or after the date of enactment of this Act [Nov. 16, 
1973].''


                    Effective Date of 1958 Amendment

    Amendment by section 33(a)(5) of Pub. L. 85-861 effective Aug. 10, 
1956, see section 33(g) of Pub. L. 85-861, set out as a note under 
section 101 of this title.

  Ex. Ord. No. 12743. Ordering Ready Reserve of Armed Forces to Active 
                                  Duty

    Ex. Ord. No. 12743, Jan. 18, 1991, 56 F.R. 2661, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including the National 
Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3 of 
the United States Code; in furtherance of Executive Order No. 12722, 
dated August 2, 1990 [50 U.S.C. 1701 note], which declared a national 
emergency to address the threat to the national security and foreign 
policy of the United States posed by the invasion of Kuwait by Iraq; 
and, in accordance with the requirements contained in section 301 of the 
National Emergencies Act, 50 U.S.C. 1631, I hereby order as follows:
    Section 1. To provide additional authority to the Department of 
Defense and the Department of Transportation to respond to the 
continuing threat posed by Iraq's invasion of Kuwait, the authority 
under section 673 [now 12302] of title 10, United States Code, to order 
any unit, and any member not assigned to a unit organized to serve as a 
unit, in the Ready Reserve to active duty (other than for training) for 
not more than 24 consecutive months, is invoked and made available, 
according to its terms, to the Secretary concerned, subject, in the case 
of the Secretaries of the Army, Navy, and Air Force, to the direction of 
the Secretary of Defense. The term ``Secretary concerned'' is defined in 
section 101(8) [now 101(9)] of title 10, United States Code, to mean the 
Secretary of the Army with respect to the Army; the Secretary of the 
Navy with respect to the Navy, the Marine Corps, and the Coast Guard 
when it is operating as a service in the Navy; the Secretary of the Air 
Force with respect to the Air Force; and, the Secretary of 
Transportation with respect to the Coast Guard when it is not operating 
as a service in the Navy.
    Sec. 2. To allow for the orderly administration of personnel within 
the armed forces, the authority vested in the President by section 527 
of title 10, United States Code, to suspend the operation of sections 
523-526 [524 now 12011] of title 10, United States Code, regarding 
officer strength and officer distribution in grade, is invoked to the 
full extent provided by the terms thereof.
    Sec. 3. To allow for the orderly administration of personnel within 
the armed forces, the authority vested in the President by section 644 
[see 123] of title 10, United States Code, to suspend the operation of 
any provision of law relating to the promotion, involuntary retirement, 
or separation of commissioned officers of the Army, Navy, Air Force, or 
Marine Corps, is invoked to the full extent provided by the terms 
thereof.
    Sec. 4. The Secretary of Defense is hereby designated and empowered, 
without the approval, ratification, or other action by the President, to 
exercise the authority vested in the President by sections 527 and 644 
[see 123] of title 10, United States Code, as invoked by sections 2 and 
3 of this order, to suspend the operation of certain provisions of law.
    Sec. 5. The authorities delegated by sections 1 and 4 of this order 
may be redelegated and further subdelegated to civilian subordinates who 
are appointed to their offices by the President, by and with the advice 
and consent of the Senate.
    Sec. 6. This order is intended to improve the internal management of 
the executive branch, and is not intended to create any right or 
benefit, substantive or procedural, enforceable at law by a party 
against the United States, its agencies, its officers, or any person.
    Sec. 7. This order is effective immediately, and shall be 
transmitted to the Congress and published in the Federal Register.
                                                            George Bush.

                  Section Referred to in Other Sections

    This section is referred to in sections 101, 115, 10142, 12304, 
12305, 12318, 12408, 16131, 16133 of this title; title 38 sections 3011, 
3013, 3231, 3511, 4211, 4312; title 50 App. section 592.
