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10 U.S.C. § 12302 — Ready Reserve

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 186 words · no verdicts yet

in plain englishAI-generated · not legal advice

During a declared national emergency, officials can call up Ready Reserve members without consent. The call-up can last up to 24 months and considers family and job needs. No more than 1,000,000 Ready Reserve members can serve this way at once.

(a) During a national emergency the President declares after January 1, 1953, or when another law allows it, an official the Secretary picks can order any Ready Reserve unit, or any member not in a unit, to active duty for up to 24 straight months, without their consent. (b) In deciding fairly which Ready Reserve members to recall without consent, officials must weigh: (1) how long and what kind of service the member already gave, to spread out exposure to danger fairly, as far as national security and military needs allow; (2) family responsibilities; and (3) whether the member's job is necessary for national health, safety, or interest. The Secretary of Defense must set policies to carry this out. (c) No more than 1,000,000 Ready Reserve members can be on active duty without their consent under this section at any one time.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1958Amended · Pub. L. 85-861 · 72 Stat. 1441, 1564
  • 1973Amended · Pub. L. 93-155 · 87 Stat. 607
  • 1994Amended · Pub. L. 103-337 · 108 Stat. 2992
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 502
  • 1999Amended · Pub. L. 106-65 · 113 Stat. 774
  • 2003Amended · Pub. L. 108-136 · 117 Stat. 1603
  • 2004Amended · Pub. L. 108-375 · 118 Stat. 1883
  • 2011Amended · Pub. L. 112-81 · 125 Stat. 1584

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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