10 U.S.C. § 12103
10 U.S.C. § 12103
| 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. |
| 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. |
EDITORIAL NOTES
REFERENCES IN TEXTThe Military Selective Service Act, referred to in subsecs. (b) and (d), is title I of act June 24, 1948, ch. 625, 62 Stat. 604, which is classified principally to chapter 49 (§3801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see References in Text note set out under section 3801 of Title 50 and Tables.
AMENDMENTS2016-Subsec. (b). Pub. L. 114-328, §1081(b)(1)(A)(vii)(I), substituted "( 50 U.S.C. 3801 et seq.)" for "(50 U.S.C. App. 451 et seq.)" in introductory provisions.Subsec. (d). Pub. L. 114-328, §1081(b)(1)(A)(vii), substituted "( 50 U.S.C. 3801 et seq.)" for "(50 U.S.C. App. 451 et seq.)" and "clauses (ii) and (iii) of section 6(c)(2)(A) of such Act ( 50 U.S.C. 3806(c)(2)(A) )" for "section 6(c)(2)(A)(ii) and (iii) of such Act". 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).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2002 AMENDMENTS 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.
EFFECTIVE DATE OF 1983 AMENDMENT 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]."
EFFECTIVE DATE OF 1982 AMENDMENT 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]."
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 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]."
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 subsection (a) [amending this section] may be applied to that person, but only with the agreement of that person and the Secretary concerned."
- Air National Guard
- The term "Air National Guard" means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that-(A) is an air force;(B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;(C) is organized, armed, and equipped wholly or partly at Federal expense; and(D) is federally recognized.
- Army National Guard
- The term "Army National Guard" means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that-(A) is a land force;(B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;(C) is organized, armed, and equipped wholly or partly at Federal expense; and(D) is federally recognized.
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- enlisted member
- The term "enlisted member" means a person in an enlisted grade.