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10 U.S.C. § 12104 — Reserve components: transfers
Federal law — U.S. Code and appendices · legal_authorities
**(a)** A person who would otherwise be required to be transferred to a reserve component under [section 651 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section651&num=0&edition=prelim) or under the Military Selective Service Act ([50 U.S.C. 3801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3801&num=0&edition=prelim) et seq.), is entitled, if he is qualified and accepted, to be enlisted in any armed force that he chooses and to participate in the programs authorized for that armed force. However, unless the two Secretaries concerned consent, he may not be enlisted as a Reserve of an armed force other than that from which he is transferred. All periods of his participation shall be credited against the total period of service required of him under [section 651 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section651&num=0&edition=prelim) or under the Military Selective Service Act ([50 U.S.C. 3801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3801&num=0&edition=prelim) et seq.). However, no period may be credited more than once.
**(b)** A person covered by subsection (a) shall perform the rest of his required term of service in the armed force in which he is so enlisted or in any other armed force in which he is later enlisted or appointed.
**(c)** This section does not change any term of service under an appointment, enlistment, or agreement, including an agreement made before or at the time when the member entered upon a program authorized by an armed force.
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Stable record: federal_law:legal_authorities:record_usc_8dc1bbab30657ea95e6d5d93
Source file: Laws/federal/codes/united-states-code/title-10/section-12104-reserve-components-transfers--ea4e9b7416.md
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Source location: Title 10, Chapter 1203, § 12104; chapter-1203-enlisted-members.md
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**(a)** A person who would otherwise be required to be transferred to a reserve component under [section 651 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section651&num=0&edition=prelim) or under the Military Selective Service Act ([50 U.S.C. 3801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3801&num=0&edition=prelim) et seq.), is entitled, if he is qualified and accepted, to be enlisted in any armed force that he chooses and to participate in the programs authorized for that armed force. However, unless the two Secretaries concerned consent, he may not be enlisted as a Reserve of an armed force other than that from which he is transferred. All periods of his participation shall be credited against the total period of service required of him under [section 651 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section651&num=0&edition=prelim) or under the Military Selective Service Act ([50 U.S.C. 3801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3801&num=0&edition=prelim) et seq.). However, no period may be credited more than once.
**(b)** A person covered by subsection (a) shall perform the rest of his required term of service in the armed force in which he is so enlisted or in any other armed force in which he is later enlisted or appointed.
**(c)** This section does not change any term of service under an appointment, enlistment, or agreement, including an agreement made before or at the time when the member entered upon a program authorized by an armed force.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This Act may be cited as the “Military Selective Service Act”.
**(b)** The Congress declares that an adequate armed strength must be achieved and maintained to insure the security of this Nation.
**(c)** The Congress further declares that in a free society the obligations and privileges of serving in the armed forces and the reserve components thereof should be shared generally, in accordance with a system of selection which is fair and just, and which is consistent with the maintenance of an effective national economy.
**(d)** The Congress further declares, in accordance with our traditional military policy as expressed in the National Defense Act of 1916, as amended, that it is essential that the strength and organization of the National Guard, both Ground and Air, as an integral part of the first line defenses of this Nation, be at all times maintained and assured.To this end, it is the intent of the Congress that whenever Congress shall determine that units and organizations are needed for the national security in excess of those of the Regular components of the Ground Forces and the Air Forces, and those in active service under this chapter, the National Guard of the United States, both Ground and Air, or such part thereof as may be necessary, together with such units of the Reserve components as are necessary for a balanced force, shall be ordered to active Federal service and continued therein so long as such necessity exists.
**(e)** The Congress further declares that adequate provision for national security requires maximum effort in the fields of scientific research and development, and the fullest possible utilization of the Nation’s technological, scientific, and other critical manpower resources.
**(f)** The Congress further declares that the S
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3801
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each person who becomes a member of an armed force, other than a person deferred under the next to the last sentence of section 6(d)(1) of the Military Selective Service Act ([50 U.S.C. 3806(d)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3806/d/1&num=0&edition=prelim)), shall serve in the armed forces for a total initial period of not less than six years nor more than eight years, as provided in regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction and by the Secretary of Homeland Security for the Coast Guard when it is not operating as service in the Navy, unless such person is sooner discharged under such regulations because of personal hardship. Any part of such service that is not active duty or that is active duty for training shall be performed in a reserve component.
**(b)** Each person covered by subsection (a) who is not a Reserve, and who is qualified, shall, upon his release from active duty, be transferred to a reserve component to complete the service required by subsection (a).
**(c)**
(1) For the armed forces under the jurisdiction of the Secretary of Defense, the Secretary may waive the initial period of required service otherwise established pursuant to subsection (a) in the case of the initial appointment of a commissioned officer in a critically short health professional specialty specified by the Secretary for purposes of this subsection or in the case of an unrestricted officer designated within a cyberspace occupational specialty.
(2) The minimum period of obligated service for an officer under a waiver under this subsection shall be the greater of—
(A) two years;
(B) in the case of an officer who has accepted an accession bonus or executed a contract or
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 651
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Federal law — U.S. Code and appendices · legal_authorities
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
Page 3643
TITLE 10—ARMED FORCES
§ 12105
tion [amending this section] shall be effective with re-
spect to persons enlisting in a reserve component of the
Armed Forces after the end of the ninety-day period be-
ginning on the date of the enactment of this Act [Sept.
8, 1982].’’
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96–513 effective Dec. 12, 1980,
see section 701(b)(3) of Pub. L. 96–513, set out as a note
under section 101 of this title.
EFFECTIVE DATE OF 1979 AMENDMENT
Pub. L. 96–107, title VIII, § 805(c), Nov. 9, 1979, 93 Stat.
813, provided that: ‘‘The amendments made by this sec-
tion [amending this section and section 651 of this title]
shall apply only to individuals who become members of
an Armed Force after the date of the enactment of this
Act [Nov. 9, 1979].’’
EFFECTIVE DATE OF 1978 AMENDMENT
Pub. L. 95–485, title IV, § 405(c)(2), Oct. 20, 1978, 92
Stat. 1616, provided that: ‘‘The amendments made by
paragraph (1) [amending this section] shall not apply
with respect to a person who enlisted as a Reserve for
service in the Armed Forces under section 511(b) [now
12103(b)] of title 10, United States Code, before the date
of the enactment of this Act [Oct. 20, 1978].’’
EFFECTIVE DATE OF 1967 AMENDMENT
For effective date of amendment by Pub. L. 90–168,
see section 7 of Pub. L. 90–168, set out as a note under
section 138 of this title.
TRANSITION
Pub. L. 107–314, div. A, title V, § 533(c), Dec. 2, 2002, 116
Stat. 2547, provided that: ‘‘In the case of a person who
enlisted under section 12103(d) of title 10, United States
Code, before the date of the enactment of this Act [Dec.
2, 2002] and who as of such date has not commenced the
required initial period of active duty for training under
that section, the amendment made by s
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12104
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Federal law — U.S. Code and appendices · legal_authorities
Page 945
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3801
Sec.
3814.
Definitions.
3815.
Repeals; appropriations; termination date.
3816.
Utilization of industry.
3817.
Savings provisions.
3818.
Effective date.
3819.
Authority of President to order Reserve com-
ponents to active service; release from ac-
tive duty; retention of unit organizations
and equipment.
3820.
Procedural rights.
Editorial Notes
CODIFICATION
Title I of act June 24, 1948, ch. 625, which is classified
principally to this chapter, was formerly set out in the
Appendix to this title, prior to the elimination of the
Appendix to this title and the editorial reclassification
of title I principally as this chapter. For disposition of
sections of the former Appendix to this title, see Table
II, set out preceding section 1 of this title.
§ 3801. Short title; Congressional declaration of
policy
(a) This Act may be cited as the ‘‘Military Se-
lective Service Act’’.
(b) The Congress declares that an adequate
armed strength must be achieved and main-
tained to insure the security of this Nation.
(c) The Congress further declares that in a free
society the obligations and privileges of serving
in the armed forces and the reserve components
thereof should be shared generally, in accord-
ance with a system of selection which is fair and
just, and which is consistent with the mainte-
nance of an effective national economy.
(d) The Congress further declares, in accord-
ance with our traditional military policy as ex-
pressed in the National Defense Act of 1916, as
amended, that it is essential that the strength
and organization of the National Guard, both
Ground and Air, as an integral part of the first
line defenses of this Nation, be at all times
maintained and assured.
To this end, i
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3801
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 3801. This identifies an authority to review, not proof of applicability.