§ 12302. Ready Reserve

3,379 words·~15 min read·/usc/title-10/section-12302

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(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 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.

(c)Not more than 1,000,000 members of the Ready Reserve may be on active duty, without their consent, under this section at any one time.

(Aug. 10, 1956, ch. 1041, 70A Stat. 28, § 673; Pub. L. 85–861, §§ 1(14), 33(a)(5), Sept. 2, 1958, 72 Stat. 1441, 1564; Pub. L. 93–155, title III, § 303(a), Nov. 16, 1973, 87 Stat. 607; renumbered § 12302, Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992; Pub. L. 104–106, div. A, title XV, § 1502(a)(2), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–136, div. A, title X, § 1031(a)(61), Nov. 24, 2003, 117 Stat. 1603; Pub. L. 108–375, div. A, title V, § 514(b), Oct. 28, 2004, 118 Stat. 1883; Pub. L. 112–81, div. A, title X, § 1061(28), (30), Dec. 31, 2011, 125 Stat. 1584.)

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.

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)).