Title 10Armed ForcesRelease 119-73

§12303 Ready Reserve: members not assigned to, or participating satisfactorily in, units

Title 10 › Subtitle Subtitle E— - Reserve Components › Part PART II— - PERSONNEL GENERALLY › Chapter CHAPTER 1209— - ACTIVE DUTY › § 12303

Last updated Apr 6, 2026|Official source

Summary

The President can order a Ready Reserve member to active duty if they meet all three tests: they are not assigned to or taking part in a Ready Reserve unit, they have not finished their required reserve service, and they have not already served 24 months on active duty. If ordered, the person may have to stay on active duty until they reach 24 months total. If their enlistment would end before that, it can be extended until they hit 24 months. Officials must try to be fair by considering family responsibilities and jobs needed for the nation’s health, safety, or interest.

Full Legal Text

Title 10, §12303

Armed Forces — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

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

Executive Documents

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, as amended by Ex. Ord. No. 13286, § 64, Feb. 28, 2003, 68 F.R. 10629, 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 Homeland Security 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 Homeland Security 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. 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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 12303

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73