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10 U.S.C. § 10103 — Basic policy for order into Federal service
Federal law — U.S. Code and appendices · legal_authorities
Whenever Congress determines that more units and organizations are needed for the national security than are in the regular components of the ground and air forces, the Army National Guard of the United States and the Air National Guard of the United States, or such parts of them as are needed, together with units of other reserve components necessary for a balanced force, shall be ordered to active duty and retained as long as so needed.
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Stable record: federal_law:legal_authorities:record_usc_358e683951986d7a6941a848
Source file: Laws/federal/codes/united-states-code/title-10/section-10103-basic-policy-for-order-into-federal-service--6c3ecf2740.md
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Source location: Title 10, Chapter 1003, § 10103; chapter-1003-reserve-components-generally.md
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Whenever Congress determines that more units and organizations are needed for the national security than are in the regular components of the ground and air forces, the Army National Guard of the United States and the Air National Guard of the United States, or such parts of them as are needed, together with units of other reserve components necessary for a balanced force, shall be ordered to active duty and retained as long as so needed.
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12303
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10001
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(2) A person may not be appointed as Secretary of Defense—
(A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or
(B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.
**(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense.
**(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with—
(1) a report from each military department on the expenditures, work, and accomplishments of that department;
(2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and
(3) such recommendations as he considers appropriate.
**(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 113
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The President, through any agency of the Department of Defense designated by him, may arm, have armed, or allow to be armed, any watercraft or aircraft that is capable of being used as a means of transportation on, over, or under water, and is documented, registered, or licensed under the laws of the United States.
**(b)** This section applies during a war and at any other time when the President determines that the security of the United States is threatened by the application, or the imminent danger of application, of physical force by any foreign government or agency against the United States, its citizens, the property of its citizens, or their commercial interests.
**(c)** Section 16 of the Act of March 4, 1909 ([22 U.S.C. 463](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section463&num=0&edition=prelim)) does not apply to vessels armed under this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 261
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Federal law — U.S. Code and appendices · legal_authorities
Page 3591
TITLE 10—ARMED FORCES
§ 10105
Pub. L. 108–375, div. A, title V, § 511, Oct. 28, 2004,
118 Stat. 1877.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in section 262 of this title, prior to repeal by
Pub. L. 103–337, § 1661(a)(2)(A).
AMENDMENTS
2004—Pub. L. 108–375 struck out ‘‘, during and after
the period needed to procure and train additional units
and qualified persons to achieve the planned mobiliza-
tion,’’ after ‘‘whenever’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 1, 1994, except as otherwise pro-
vided, see section 1691 of Pub. L. 103–337, set out as a
note under section 10001 of this title.
§ 10102a. Deployment prioritization and readi-
ness of Army components
(a) DEPLOYMENT
PRIORITIZATION.—The Sec-
retary of the Army shall maintain a system for
identifying the priority of deployment for units
of all components of the Army.
(b) DEPLOYABILITY
READINESS
RATING.—The
Secretary of the Army shall maintain a readi-
ness rating system for units of all components
of the Army that provides an accurate assess-
ment of the deployability of a unit and those
shortfalls of a unit that require the provision of
additional resources. The system shall ensure—
(1) that the personnel readiness rating of a
unit reflects—
(A) both the percentage of the overall per-
sonnel requirement of the unit that is
manned and deployable and the fill and
deployability rate for critical occupational
specialties necessary for the unit to carry
out its basic mission requirements; and
(B) the number of personnel in the unit
who are qualified in their primary military
occupational specialty; and
(2) that the equipment readiness assessment
of a unit—
(A) documents all equipment r
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 10103
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