10 U.S.C. § 12303 — Ready Reserve: members not assigned to,

Page 3664 TITLE 10—ARMED FORCES § 12303 under regulations prescribed by the Secretary con- cerned, not to exceed 3,000 total members at any one time, of whom not more than 450 may be members of the Individual Ready Reserve, as they deem necessary, and to terminate the service of those units and mem- bers ordered to active duty. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. § 12303. Ready Reserve: members not assigned to, or participating satisfactorily in, units (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 satis- factorily in, a unit of the Ready Reserve; (2) has not fulfilled his statutory reserve ob- ligation; 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 pe- riod of military service would expire before he has served the required period under this sec- tion, 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. (Added Pub. L. 90–40, § 6(1), June 30, 1967, 81 Stat. 105, § 673a; renumbered § 12303, Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.) 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 RE- SERVE TO ACTIVE DUTY; EXTENSION OF MILITARY SERV- ICE 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 or- dered as follows: SECTION 1. (a) The Secretary of Defense is hereby au- thorized and empowered to exercise the authority vest- ed 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 serv- ice 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 Sec- retary 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 serv- ice 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 re- spect 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 des- ignate the Commandant of the United States Coast Guard to exercise the authority vested in him by sec- tion 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 author- ity 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, author- ized Secretary of Defense and, when designated by him, any of Secretaries of military departments of Depart- ment of Defense to exercise authority vested in Presi- dent 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. § 12304. Selected Reserve and certain Individual Ready Reserve members; order to active duty other than during war or national emergency (a) AUTHORITY.—Notwithstanding the provi- sions of section 12302(a) or any other provision of law, when the President determines that it is necessary to augment the active forces or that it is necessary to provide assistance referred to in subsection (b), he may authorize the Sec- retary of Defense and the Secretary of Home- land Security with respect to the Coast Guard when it is not operating as a service in the Navy, without the consent of the members con- cerned, to order any unit, and any member not assigned to a unit organized to serve as a unit of the Selected Reserve (as defined in section 10143(a) of this title), or any member in the Indi-