Pub. L. 82-476, pt. II, ch. 3, sec. 233

Sec. 233. (a) In time of war or national emergency hereafter declared by the Congress, or when otherwise authorized by law, any unit and the members thereof, or any member not assigned to a unit organized for the purpose of serving as such, of any reserve component may, by competent authority, be ordered to active duty for the duration of the war or national emergency anti for six months thereafter, but members on an inactive status list or in a retired status shall not be ordered to active duty without their consent unless the appropriate Secretary (with the approval of the Secretary of Defense in the case of a Secretary of a Military Department) determines that adequate numbers of qualified members of the reserve components in an active status or in the inactive National Guard in the required category are not readily available. (b) (1) In time of national emergency hereafter proclaimed by the President or when otherwise authorized by law, any unit and the members thereof, or any member not assigned to a unit organized for the purpose of serving as such, in the Ready Reserve of any reserve component may, by competent authority, be ordered to and required to perform active duty involuntarily for a period not to exceed twenty-four consecutive months: Provided, That Congress shall determine the number of members of the reserve components necessary for the national security to be ordered to active duty, pursuant to this subsection prior to the exercise of the authority contained in this subsection. (2) It is the policy of the Congress in view of hardship situations developed by the Korean hostilities that in the interest of fair treatment as between members in the Ready Reserve involuntarily recalled for duty, attention shall be given to the duration and nature of previous service, with the objective of assuring such sharing of hazardous exposure as the national security and the military requirement will reasonably permit, to family responsibilities, and to employment found to be necessary to the maintenance of the national health, safety, or interest. The Secretary of Defense shall promulgate such policies and establish such procedures as may be required in his opinion to 66 Stat. 490 carry out our intent here declared, and shall from time to time, and at least annually, report to the Committees on Armed Services of the Congress respecting the same. (c) At any time, any unit and the members thereof, or any member not assigned to a unit organized for the purpose of serving as such, in an active status in any reserve component may, by competent authority, be ordered to and required to perform active duty or active duty for training, without his consent, for not to exceed fifteen days annually: Provided, That units and members of the National Guard of the United States or the Air National Guard of the United States shall not be ordered to or required to serve on active duty in the service of the United States pursuant to this subsection without the consent of the Governor of the State or Territory concerned, or the Commanding General of the District of Columbia National Guard. (d) A member of a reserve component may, by competent authority, be ordered to active duty or active duty for training at any time with his consent: Provided, That no member of the National Guard of the United States or Air National Guard of the United States shall be so ordered without the consent of the Governor or other appropriate authority of the State, Territory, or District of Columbia concerned. (e) A member of a reserve component ordered into the active military service of the United States will be allowed a reasonable period of lime between the date he is alerted for active duty and the date on which he is required to enter upon active duty. Such period shall be at least thirty days unless military conditions as determined by the appropriate Secretary do not permit. (f) In any expansion of the active Armed Forces of the United States which requires the ordering into the active military service involuntarily of individual officers of the reserve components who are not members of units organized for the purpose of serving as such, it shall be the policy to utilize to the greatest practicable extent the services of qualified and available officers of the reserve components in all grades in accordance with the requirements of branch, grade, and specialty. (g) Insofar as practicable, in any expansion of the active Armed Forces of the United States which requires that units and members of the reserve components be ordered into the active military service of the United States, members of units organized and trained for the Suppose of serving as a unit shall be ordered involuntarily into active duty only with their units. This shall not be interpreted as prohibiting the reassignment of personnel of such units after being ordered into the active military service of the United States.