10 U.S.C. § 12103 (ARMED FORCES)
§ 12103. Reserve components: terms
(a) Except as otherwise prescribed by law, enlistments as Reserves are for terms prescribed by the Secretary concerned. However, an enlistment that is in effect at the beginning of a war or of a national emergency declared by Congress, or entered into during such a war or emergency, and that would otherwise expire, continues in effect until the expiration of six months after the end of that war or emergency, whichever is later, unless sooner terminated by the Secretary concerned.
(b) Under regulations to be prescribed by the Secretary of Defense, and by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, a person who is qualified for enlistment for active duty in an armed force, and who is not under orders to report for induction into an armed force under the Military Selective Service Act (50 U.S.C. App. 451 et seq.),1 may be enlisted as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve, for a term of not less than six years nor more than eight years. Each person enlisted under this subsection shall serve—
(1) on active duty for a period of not less than two years; and
(2) the rest of his period of enlistment as a member of the Ready Reserve.
(c) In time of war or of national emergency declared by Congress the term of service of an enlisted member transferred to a reserve component according to law, that would otherwise expire, continues until the expiration of six months after the end of that war or emergency, whichever is later, unless sooner terminated by the Secretary concerned.
(d) Under regulations to be prescribed by the Secretary of Defense, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, a non-prior-service person who is qualified for induction for active duty in an armed force and who is not under orders to report for induction into an armed force under the Military Selective Service Act (50 U.S.C. App. 451 et seq.),1 except as provided in section 6(c)(2)(A)(ii) and (iii) of such Act, may be enlisted in the Army National Guard or the Air National Guard, or as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve, for a term of not less than six years nor more than eight years. Each person enlisted under this subsection shall perform an initial period of active duty for training of not less than twelve weeks to commence insofar as practicable within one year after the date of that enlistment.
(Aug. 10, 1956, ch. 1041, 70A Stat. 18, § 511; Pub. L. 85–861, § 1(8), Sept. 2, 1958, 72 Stat. 1439; Pub. L. 88–110, § 3, Sept. 3, 1963, 77 Stat. 135; Pub. L. 90–168, § 2(11), Dec. 1, 1967, 81 Stat. 523; Pub. L. 94–106, title VIII, § 802(a), Oct. 7, 1975, 89 Stat. 537; Pub. L. 95–485, title IV, § 405(c)(1), Oct. 20, 1978, 92 Stat. 1615; Pub. L. 96–107, title VIII, § 805(a), Nov. 9, 1979, 93 Stat. 812; Pub. L. 96–513, title V, § 511(14), Dec. 12, 1980, 94 Stat. 2921; Pub. L. 97–252, title XI, § 1115(a), Sept. 8, 1982, 96 Stat. 750; Pub. L. 97–295, § 1(6), Oct. 12, 1982, 96 Stat. 1289; Pub. L. 98–94, title X, § 1022(a)(1), Sept. 24, 1983, 97 Stat. 670; renumbered § 12103, Pub. L. 103–337, div. A, title XVI, § 1662(b)(2), Oct. 5, 1994, 108 Stat. 2989; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title V, § 533(a), Dec. 2, 2002, 116 Stat. 2547; Pub. L. 109–163, div. A, title V, § 515(b)(1)(JJ), Jan. 6, 2006, 119 Stat. 3233.)
text: Historical and Revision Notes
1956 Act
Revised section
Source (U.S. Code)
Source (Statutes at Large)
511(a)
511(b)
50:951 (less (c)).
50:951(c).
July 9, 1952, ch. 608, § 227, 66 Stat. 488.
In subsection (a), the first sentence is substituted for 50:951(a). The words “as Reserves in the Armed Forces of the United States” and “the existence of” are omitted as surplusage.
In subsections (a) and (b), the word “hereafter” is omitted as surplusage. The words “the expiration of” are inserted for clarity.
In subsection (b), the word “continues” is substituted for the words “shall * * * be extended”.
text: 1958 Act
Revised section
Source (U.S. Code)
Source (Statutes at Large)
511(b)
50:1012.
Aug. 9, 1955, ch. 665, § 2(i) (1st 2 pars.), 69 Stat. 600.
In subsection (b), the words “respectively, pursuant to the provisions of this section” are omitted as surplusage. The words “as a Reserve for service” are inserted to reflect section 510 of this title. The last six words of the first sentence are substituted for 50:1012(b) (1st sentence).
heading: References in Text
text: The Military Selective Service Act, referred to in subsecs. (b) and (d), is act June 24, 1948, ch. 625, 62 Stat. 604, which was classified principally to section 451 et seq. of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as chapter 49 (§ 3801 et seq.) of Title 50. Section 6 of the Act is classified to section 3806 of Title 50. For complete classification of this Act to the Code, see Tables.
heading: Amendments
text: 2006—Subsecs. (b), (d). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.
2002—Subsec. (b). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
Subsec. (d). Pub. L. 107–314 substituted “one year” for “270 days” in last sentence.
Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
1994—Pub. L. 103–337 renumbered section 511 of this title as this section.
1983—Subsec. (b). Pub. L. 98–94, § 1022(a)(1)(A), substituted “not less than six years nor more than eight years” for “six years”.
Subsec. (d). Pub. L. 98–94, § 1022(a)(1)(B), substituted “not less than six years nor more than eight years” for “six years”.
1982—Subsec. (b). Pub. L. 97–295 substituted “(50 U.S.C. App. 451 et seq.)” for “(50 U.S.C. App. 451–473)” after “Military Selective Service Act”.
Subsec. (d). Pub. L. 97–252 extended to 270 from 180 days requirement for commencement of initial period of active duty for training after date of enlistment.
1980—Subsec. (d). Pub. L. 96–513 substituted “Military Selective Service Act (50 U.S.C. App. 451 et seq.)” for “Military Selective Service Act of 1967 (50 App. U.S.C. 451–473)”.
1979—Subsec. (d). Pub. L. 96–107 struck out requirement that a non-prior-service person be under 26 years of age.
1978—Subsec. (b). Pub. L. 95–485, in provision preceding cl. (1), substituted “the Secretary of Defense, and by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy” for “the Secretary concerned” and “the Military Selective Service Act (50 U.S.C. App. 451–473)” for “sections 451–473 of title 50, appendix”, in cl. (1), substituted “not less than two years; and” for “two years;”, struck out former cl. (2), requiring a person enlisted under this subsec. to serve satisfactorily as a member of the Ready Reserve for a period which when added to his active duty under cl. (1) totals five years, redesignated former cl. (3) as (2), and in cl. (2) as so redesignated, substituted “Ready Reserve” for “Standby Reserve”.
1975—Subsec. (d). Pub. L. 94–106 reduced initial period of active duty for training for persons enlisted under this subsection from four months to twelve weeks.
1967—Subsec. (d). Pub. L. 90–168 substituted the Secretary of Transportation for the Secretary of the Treasury as the prescribing authority for regulations covering the Coast Guard when not operating as part of the Navy, inserted exception as provided in section 6(c)(2)(A)(ii) and (iii) of the Military Selective Service Act of 1967, added requirement that the initial period of four months’ service commence insofar as practicable within 180 days after the date of enlistment, and struck out provision that the remainder of the period of service after the initial period of four months be served, subject to section 269(e)(4) of this title, as a member of the Ready Reserve.
1963—Subsec. (d). Pub. L. 88–110 added subsec. (d).
1958—Subsecs. (b), (c). Pub. L. 85–861, § 1(8)(A), added subsec. (b) and redesignated former subsec. (b) as (c).
heading: Effective Date of 2002 Amendments
text: Pub. L. 107–314, div. A, title V, § 533(b), Dec. 2, 2002, 116 Stat. 2547, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to enlistments under section 12103(d) of title 10, United States Code, after the end of the 90-day period beginning on the date of the enactment of this Act [Dec. 2, 2002].”
Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
heading: Effective Date of 1983 Amendment
text: Pub. L. 98–94, title X, § 1022(a)(2), Sept. 24, 1983, 97 Stat. 670, provided that: “The amendments made by paragraph (1) [amending this section] shall apply only with respect to persons who enlist under the authority of subsection (b) or (d) of section 511 [now 12103] of title 10, United States Code, 60 or more days after the date of the enactment of this Act [Sept. 24, 1983].”
heading: Effective Date of 1982 Amendment
text: Pub. L. 97–252, title XI, § 1115(b), Sept. 8, 1982, 96 Stat. 750, provided that: “The amendment made by this section [amending this section] shall be effective with respect to persons enlisting in a reserve component of the Armed Forces after the end of the ninety-day period beginning on the date of the enactment of this Act [Sept. 8, 1982].”
heading: Effective Date of 1980 Amendment
text: 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.
heading: Effective Date of 1979 Amendment
text: Pub. L. 96–107, title VIII, § 805(c), Nov. 9, 1979, 93 Stat. 813, provided that: “The amendments made by this section [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].”
heading: Effective Date of 1978 Amendment
text: 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].”
heading: Effective Date of 1967 Amendment
text: 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.
heading: Transition
text: 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 subsection (a) [amending this section] may be applied to that person, but only with the agreement of that person and the Secretary concerned.”