1945". The words "in addition thereto" are omitted as surplusage. In subsection (e) (1)—(4), the words "at least" are substituted for the words "not less than". In subsection (e) (3) and (4), the words "an aggregate of" are inserted for clarity and to conform to subsection (e) (1) and (2). In subsection (f), the words "and so requests" are substituted for the words "if he makes application therefor". The word "under" is substituted for the words "in accordance with such". The words "the reserve components in" are omitted as surplusage. In subsection (g), the words “A • may be. only with" are substituted for the words "No ⚫ * shall be without". AMENDMENTS 1967-Subsec. (e). Pub. L. 90-168 redesignated former par. (4) as par. (2) and eliminated former par. (2) which referred to Reserves who served on active duty for at least one year and as a member of a unit of the Ready Reserve after being transferred under section 1014(a) of Title 50, for a period totalling four years, par. (3) referring to Reserves who satisfactorily completed an enlistment under section 1014(b) of Title 50, par. (5) referring to Reserves who served on active duty for an aggregate of at least 12 months after December 6, 1941, and before September 3, 1945, and for an aggregate of at least 12 months after June 25, 1950, and par. (6) referring to Reserves who were members of one or more reserve components for an aggregate of at least eight years after September 2, 1945. 1960 Subsec. (d). Pub. L. 86-559 prohibited a member of the Retired Reserve who is entitled to retired pay from being placed in the Ready Reserve unless the Secretary concerned makes a special finding that the member's services are indispensable, and prohibited the Secretary from delegating his authority. 1958 Subsec. (e). Pub. L. 85-861 added clauses (2) and (3) and redesignated former clauses (2)-(4) as clauses (4)-(6). EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90–168 effective on the first day of the first calendar month following the date of enactment of Pub. L. 90-168, which was approved on Dec. 1, 1967, see section 7 of Pub. L. 90-168, set out as a note under section 136 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 270 of this title. § 270. Ready Reserve: training requirements. (a) Except as specifically provided in regulations to be prescribed by the Secretary of Defense, or by the Secretary of the Treasury with respect to the Coast Guard when it is not operating as a service in the Navy, each person who is inducted, enlisted, or appointed in an armed force after August 9, 1955, and who becomes a member of the Ready Reserve under any provision of law except section 269 (b) of this title, shall be required, while in the Ready Reserve, to (1) participate in at least 48 scheduled drills or training periods during each year and serve on active duty for training of not less than 14 days (exclusive of traveltime) during each year; (2) serve on active duty for training not more than 30 days during each year. (b) A member of the Ready Reserve covered by this section who fails in any year to satisfactorily perform the training duty prescribed in subsection (a), as determined by the Secretary concerned under regulations to be prescribed by the Secretary of Defense, may be ordered without his consent to perform additional active duty for training for not more than 45 days. If the failure occurs during the last year of his required membership in the Ready Reserve, his membership is extended until he performs that additional active duty for training, but not for more than six months. (c) Any person who becomes a member of the Army National Guard of the United States or the Air National Guard of the United States after the enactment of this subsection and who fails in any year to perform satisfactorily the training duty prescribed by or under law for members of the Army National Guard or the Air National Guard, as the case may be, as determined by the Secretary concerned, may, upon the request of the Governor of the State or territory, Puerto Rico, or the Canal Zone, or the commanding general of the District of Columbia National Guard, whichever is concerned, be ordered, without his consent, to perform additional active duty for training for not more than forty-five days. A member ordered to active duty under this subsection shall be ordered to duty as a Reserve of the Army or as a Reserve of the Air Force, as the case may be. (Added Pub. L. 85-861, § 1(5) (A), Sept. 2, 1958, 72 Stat. 1438, and amended Pub. L. 87-378, § 2, Oct. 4, 1961, 75 Stat. 807; Pub. L. 88110, § 4, Sept. 3, 1963, 77 Stat. 136; Pub. L. 90-168, § 2(10), Dec. 1, 1967, 81 Stat. 523.) HISTORICAL AND REVISION NOTES In subsection (a), the words "or any component thereof" are omitted as covered by the words "armed force". The words "when it is not operating as a service in the Navy" are inserted for clarity, since the Secretary of the Treasury has no jurisdiction over the Coast Guard when it is operating as a service in the Navy. The word "under" is substituted for the words "by reason of". 50: 928 (f) (2) is omitted as covered by section 263 of the Armed Forces Reserve Act of 1952 (69 Stat. 602). In subsection (b), the words "until he performs" are substituted for the words "for such time * ⚫ as may be required for the performance by such member". REFERENCES IN TEXT After the enactment of this subsection, referred to in subsec. (c), means after the enactment of Pub. L. 87-378, which was approved Oct. 4, 1961. AMENDMENTS 1967 Subsec. (a)(1). Pub. L. 90-168 substituted "active duty for training of not less than 14 days (exclusive of traveltime) during each year" for "active duty for training not more than 17 days during each year." 1963 Subsec. (b). Pub. L. 88-110 deleted", other than one enlisted under section 456 (c) (2) (C) of Title 50, Appendix," preceding “who fails in any year." 1961-Subsec. (c). Pub. L. 87-378 added subsec. (c). EFFECTIVE Date of 1967 AMENDMENT Amendment by Pub. L. 90-168 effective on the first day of the first calendar month following the date of enactment of Pub. L. 90-168, which was approved on Dec. 1, 1967, see section 7 of Pub. L. 90-168, set out as a note under section 136 of this title. TRANSFER OF FUNCTIONS The Coast Guard was transferred to the Department of Transportation and all functions, powers, and duties, relating to the Coast Guard, of the Secretary of the Treasury and of other offices and officers of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 HISTORICAL AND REVISION NOTES Stat. 931, which created the Department of Transportation. See section 1655 (b) of Title 49, Transportation. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 268, 1201, 1202, 1203, 3687, 3721, 6148, 8687, 8721 of this title; title 50 App. section 456. § 271. Ready Reserve: continuous screening. Under regulations to be prescribed by the President, each armed force shall provide a system of continuous screening of units and members of the Ready Reserve to insure that (1) there will be no significance attrition of those members or units during a mobilization; (2) there is a proper balance of military skills; (3) except for those with military skills for which there is an overriding requirement, members having critical civilian skills are not retained in numbers beyond the need for those skills; (4) with due regard to national security and military requirements, recognition will be given to participation in combat; and (5) members whose mobilization in an emergency would result in an extreme personal or community hardship are not retained in the Ready Reserve. (Added Pub. L. 85-861, § 1 (5) (A), Sept. 2, 1958, 72 Stat. 1438.) The words "Reserve Forces" are omitted as surplusage, since they are unidentified in the source statute and since the revised section covers all members of the Ready Reserve. EX. ORD. No. 11190. SCREENING OF READY RESERVE Ex. Ord. No. 11190, Dec. 29, 1964, 29 F.R. 19183, as amended by Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, provided: By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States and Commander in Chief of the Armed Forces of the United States, it is ordered as follows: SECTION 1. There is delegated to the Secretary of Defense (and to the Secretary of Transportation with regard to the United States Coast Guard) the authority vested in the President by section 271 of title 10 of the United States Code [this section] to prescribe regulations for the screening of units and members of the Ready Reserve of the Armed Forces. SEC. 2. Executive Order No. 10651 of January 6, 1956, is revoked. LYNDON B. JOHNSON § 272. Ready Reserve: transfer back from Standby Reserve. Under regulations to be prescribed by the Secretary of Defense, or by the Secretary of the Treasury with respect to the Coast Guard when it is not operating as a service in the Navy, a member of the Standby Reserve who has not completed his required period of service in the Ready Reserve may be transferred to the Ready Reserve when the reason for his transfer to the Standby Reserve no longer exists. (Added Pub. L. 85-861, § 1 (5) (A), Sept. 2, 1958, 72 Stat. 1438.) The Coast Guard was transferred to the Department of Transportation and all functions, powers, and duties, relating to the Coast Guard, of the Secretary of the Treasury and of other offices and officers of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (b) of Title 49, Transportation. § 273. Standby Reserve: composition; inactive status list. (a) The Standby Reserve consists of those units or members, or both, of the reserve components, other than those in the Ready Reserve or Retired Reserve, who are liable for active duty only as provided in sections 672 and 674 of this title. (b) An inactive status list shall be maintained in the Standby Reserve. Whenever an authority designated by the Secretary concerned considers that it is in the best interest of the armed force concerned, a member in the Standby Reserve who is not required to remain a Reserve, and who cannot participate in prescribed training, may, if qualified, be transferred to the inactive status list under regulations to be prescribed by the Secretary concerned. These regulations shall fix the conditions under which such a member is entitled to be returned to an active status. (c) While in an inactive status, a Reserve is not eligible for pay or promotion. (Aug. 10, 1956, ch. 1041, 70A Stat. 13.) HISTORICAL AND REVISION NOTES (a) Each armed force shall maintain adequate and current personnel records of each member of its reserve components showing— (1) his physical condition; (2) his dependency status; (3) his military qualifications; (4) his civilian occupational skills; (6) such other information as the Secretary concerned may prescribe. (b) Under regulations to be prescribed by the Secretary of Defense, each military department shall prepare and maintain a record of the number of members of each class of each reserve component who, during each fiscal year, have participated satisfactorily in active duty for training and inactive duty training with pay. (Aug. 10, 1956, ch. 1041, 70A Stat. 13; Sept. 2, 1958, Pub. L. 85-861, § 1 (5) (B), 72 Stat. 1439.) HISTORICAL AND REVISION NOTES Revised section HISTORICAL AND REVISION NOTES Source (U. S. Code) Source (Statutes at Large) July 9, 1952, ch. 608, §§ 101 (J), 238, 66 Stat. 482, 492. 276 (a) 276 (b). 50: 966. 50: 901 (j). In subsection (a), the word "for" is substituted for the words "to insure". The words "make the fullest practicable use" are substituted for the words "to utilize to the fullest extent practicable". In subsection (b), the words "mobilization resulting from" are inserted for clarity. The words "under any" are substituted for the words "pursuant to any provision of". The word "bring" is substituted for the words "effect the entry". The words "to serve" are substituted for the words "for the purpose of serving". The words "active duty" are substituted for the words "the active military service of the United States". The words "and members thereof” and “as are required" are omitted as surplusage. § 277. Regular and reserve components: discrimination prohibited. Laws applying to both Regulars and Reserves shall be administered without discrimination § 278. Dissemination of information. The Secretary of Defense shall require the complete and current dissemination, to all Reserves and to the public, of information of interest to the reserve components. (Aug. 10, 1956, ch. 1041, 70A Stat. 14.) HISTORICAL AND REVISION NOTES The words "for service", in clause (5), are inserted for clarity. AMENDMENTS 1958-Pub. L. 85-861 designated existing provisions as subsec. (a), and added subsec. (b). § 276. Mobilization forces: maintenance. (a) Whenever units or members of the reserve components are ordered to active duty (other than for training) during a period of partial mobilization, the Secretary concerned shall continue to maintain mobilization forces by planning and budgeting for the continued organization and training of the reserve components not mobilized, and make the fullest practicable use of the Federal facilities vacated by mobilized units, consistent with approved joint mobilization plans. (b) In this section "partial mobilization" means the mobilization resulting from action by Congress or the President, under any law, to bring units of any reserve component, and members not assigned to units organized to serve as units, to active duty for a The word "current" is substituted for the word "up-todate". The words "in general" are omitted as surplusage. § 279. Training reports. The Secretary of Defense shall report to the President and to Congress, in January of each year, the status of training of each reserve component, and the progress made in strengthening the reserve components, during the preceding fiscal year. (Added Pub. L. 85-861, § 1 (5) (C), Sept. 2, 1958, 72 Stat. 1439.) HISTORICAL AND REVISION NOTES The words "shall report" are substituted for the words "shall transmit. a report". The words "which shall contain an account" are omitted as surplusage. § 280. Regulations. Subject to standards, policies, and procedures prescribed by the Secretary of Defense, the Secretary of each military department shall prescribe such regulations as he considers necessary to carry out chapters 11, 35, 39, and 59, and sections 715, 1003, 1004, 1032, 1376, 2001, 2511, 3077, 3079, 3221, 3224, 3259, 3260, 3261, 3351, 3352, 3354, 3495, 3498, 3685, 3686, 5251, 5252, 5456, 5597, 6327, 6483, 7225, 7226, 7854, 8077, 8079, 8221, 8224, 8259, 8260, 8261, 8351, 8352, 8354, 8495, 8498, 8685, and 8686 of this title. The Secretary of the Treasury, with the concurrence of the Secretary of the Navy, shall prescribe such regulations as he considers necessary to carry out chapters 11, 35, 39, and 59, and sections 715, 1003, 1004, 1032, 1376, 2001, and 2511 of this title, so far as they relate to the Coast Guard, except when the Coast Guard is operating as a service in the Navy. So far as practicable, regulations for all reserve components shall be uniform. (Aug. 10, 1956, ch. 1041, 70A Stat. 14; Sept. 2, 1958, Pub. L. 85-861, § 33(a) (2), 72 Stat. 1564; Sept. 7, 1962, Pub. L. 87-651, title I, § 101, 76 Stat. 506; Sept. 11, 1967, Pub. L. 90-83, § 3(1), 81 Stat. 220.) The words "the Secretary of each military department" are substituted for the words "the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force". The word "prescribe" is substituted for the words "make and publish". The specific enumeration of sections is substituted for the word "chapter", since certain sections of this title relating to reservists are not based on this source statute. The second sentence of the revised section is substituted for 50: 1002 (1st 14 words), for clarity. The words "except when the Coast Guard is operating as a service in the Navy" are inserted to make it clear that the power of the Secretary of the Treasury is SO limited. AMENDMENTS 1967-Pub. L. 90-83 eliminated reference to section 6150 of this title. 1962-Pub. L. 87-651 eliminated references to sections 513 and 742 of this title. 1958-Pub. L. 85-861 substituted "3354" for "3353" and "8354" and "8353". EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section by Pub. L. 85-861 effective on Aug. 10, 1956, see section 33 (g) of Pub. L. 85-861, set out as a note under section 101 of this title. TRANSFER OF FUNCTIONS The Coast Guard was transferred to the Department of of Transportation and all functions, powers, and duties, relating to the Coast Guard, of the Secretary of the Treasury and of other offices and officers of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (b) of Title 49, Transportation. § 281. Adjutants general and assistant adjutants general: reference to other officers of National Guard. In any case in which, under the laws of a State or Territory, Puerto Rico, the Canal Zone, or the Dis trict of Columbia, an officer of the National Guard of that jurisdiction, other than the adjutant general or an assistant adjutant general, normally performs the duties of that office, the reference in section 1002 (c), 3218, 3364, 3370(d), 3392, 3845, 3851, 3852, 8218, 8844, 8845, 8851, or 8852 of this title to the adjutant general or the assistant adjutant general shall be applied to that officer instead of to the adjutant general or assistant adjutant general. (Added Pub. L. 86-559, § 1(2) (C), June 30, 1960, 74 Stat. 264.) 311. Militia: composition and classes. 312. Militia duty: exemptions. § 311. Militia: composition and classes. (a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are commissioned officers of the National Guard. (b) The classes of the militia are (1) the organized militia, which consists of the National Guard and the Naval Militia; and (2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia. (Aug. 10, 1956, ch. 1041, 70A Stat. 14; Sept. 2, 1958, Pub. L. 85-861, § 1 (7), 72 Stat. 1439.) In subsection (a), the words "who have made a declaration of intention" are substituted for the words "who have or shall have declared their intention". The words "at least 17 years of age and *** under 45 years of age" are substituted for the words "who shall be more than seventeen years of age and not more than fortyfive years of age". The words "except as provided in section 313 of title 32" are substituted for the words "except as hereinafter provided", to make explicit the exception as to maximum age. In subsection (b), the words "The organized militia, which consists of the National Guard and the Naval Militia" are substituted for the words "the National Guard, the Naval Militia", since the National Guard and the Naval Militia constitute the organized militia. AMENDMENTS 1958 Subsec. (a). Pub. L. 85-861 included female citizens of the United States who are commissioned offcers of the National Guard. CROSS REFERENCES Congressional power to provide for organization, equipment, discipline, and government of Militia, see Const. Art. 1, § 8, cl. 16. Declaration of intention to become a citizen of the United States, see section 1445 (f) of Title 8, Aliens and Nationality. § 312. Militia duty: exemptions. (a) The following persons are exempt from militia duty: (1) The Vice President. (2) The judicial and executive officers of the United States, the several States and Territories, Puerto Rico, and the Canal Zone. (3) Members of the armed forces, except members who are not on active duty. (4) Customhouse clerks. (5) Persons employed by the United States in the transmission of mail. (6) Workmen employed in armories, arsenals, and naval shipyards of the United States. (7) Pilots on navigable waters. (8) Mariners in the sea service of a citizen of, or a merchant in, the United States. (b) A person who claims exemption because of religious belief is exempt from militia duty in a combatant capacity, if the conscientious holding of that belief is established under such regulations as the President may prescribe. However, such a person is not exempt from militia duty that the President determines to be noncombatant. (Aug. 10, 1956, ch. 1041, 70A Stat. 15.) In subsection (a), the words "Members of the armed forces" are substituted for the words "persons in the military or naval service". The words "except members who are not on active duty" are inserted to reflect an opinion of the Judge Advocate General of the Army (JAGA 1952/4374, 9 July 1952). The word "artificers" is omitted as covered by the word "workmen". The words "naval shipyards" are substituted for the words "navy yards" to reflect modern terminology. The words "on navigable waters" are inserted to preserve the original coverage of the word "pilots". The words "actually" and "without regard to age" are omitted as surplusage. Army National Guard in Federal service, call, see section 3500 of this title. Use of Army and Air Force as posse comitatus, see section 1385 of Title 18, Crimes and Criminal Procedure. § 332. Use of militia and armed forces to enforce Federal authority. Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State or Territory by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion. (Aug. 10, 1956, ch. 1041, 70A Stat. 15.) HISTORICAL AND REVISION NOTES 50: 202 (last 22 words) is omitted as surplusage. The words "armed forces" are substituted for the words "land and naval forces of the United States". The words "call into Federal service such of the militia" are substituted for the words "call forth the militia of any or all the States" for clarity and uniformity. The word "may" is substituted for the words "it shall be lawful". The words "faithful execution of the" and "in whatever State or Territory thereof the laws of the United States may be forcibly opposed" are omitted as surplusage. Ex. ORD. No. 10730. ASSISTANCE FOR REMOVAL OF AN OBSTRUCTION OF JUSTICE WITHIN THE STATE OF ARKANSAS Ex. Ord. No. 10730, Sept. 24, 1957, 22 F. R. 7628, provided: WHEREAS on September 23, 1957, I issued Proclamation No. 3204 [set out as a note under section 334 of this title] reading in part as follows: WHEREAS the command contained in that Proclamation has not been obeyed and wilful obstruction of enforcement of said court orders still exists and threatens to continue: NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and Statutes of the United States, including Chapter 15 of Title 10, particularly sections 332, 333 and 334 thereof, and section 301 of Title 3 of the United States Code, it is hereby ordered as follows: SECTION 1. I hereby authorize and direct the Secretary of Defense to order into the active military service of the United States as he may deem appropriate to carry |