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10 U.S. Code § 10103 - Basic policy for order into Federal service

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.

Editorial Notes
Prior Provisions

Provisions similar to those in this section were contained in section 263 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A).


1996—Pub. L. 104–106 substituted “into Federal service” for “of the National Guard and reserve components to active duty” in section catchline.

Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

Ordering Ready Reserve to Active Duty During National Emergencies

For additional provisions authorizing ordering of Ready Reserve to active duty during national emergencies, see section 12303 of this title and notes thereunder.