10 U.S.C. § 10103
Section 10103 · Basic policy for order into Federal service
Amended 1 time on record
Applied in 3 court decisions — leading case Min v. Avila (1999)
Most recently applied in 358 F. Supp. 2d 301 - Warren v. International Business MacHines Corp. (February 2005)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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 U.S. Code · Office of the Law Revision Counsel
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).
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.
Cross References
Similar provision, see section 102 of Title 32, National Guard.