
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC12303]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
                        CHAPTER 1209--ACTIVE DUTY
 
Sec. 12303. 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.

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


                               Amendments

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

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, 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 Transportation 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 Transportation 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.
                                                      Lyndon B. Johnson.

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.
