§ 12302.
(a)
In time of national emergency declared by the President after January 1, 1953, or when otherwise authorized by law, an authority designated by the Secretary concerned may, without the consent of the persons concerned, order any unit, and any member not assigned to a unit organized to serve as a unit, in the Ready Reserve under the jurisdiction of that Secretary to active duty for not more than 24 consecutive months.
(b)
To achieve fair treatment as between members in the Ready Reserve who are being considered for recall to duty without their consent, consideration shall be given to—
(1)
the length and nature of previous service, to assure such sharing of exposure to hazards as the national security and military requirements will reasonably allow;
(2)
family responsibilities; and
(3)
employment necessary to maintain the national health, safety, or interest.
The Secretary of Defense shall prescribe such policies and procedures as he considers necessary to carry out this subsection.
([Aug. 10, 1956, ch. 1041], [70A Stat. 28], § 673; [Pub. L. 85–861], §§ 1(14), 33(a)(5), Sept. 2, 1958, [72 Stat. 1441], 1564; [Pub. L. 93–155, title III, § 303(a)], Nov. 16, 1973, [87 Stat. 607]; renumbered § 12302, [Pub. L. 103–337, div. A, title XVI, § 1662(e)(2)], Oct. 5, 1994, [108 Stat. 2992]; [Pub. L. 104–106, div. A, title XV, § 1502(a)(2)], Feb. 10, 1996, [110 Stat. 502]; [Pub. L. 106–65, div. A, title X, § 1067(1)], Oct. 5, 1999, [113 Stat. 774]; [Pub. L. 108–136, div. A, title X, § 1031(a)(61)], Nov. 24, 2003, [117 Stat. 1603]; [Pub. L. 108–375, div. A, title V, § 514(b)], Oct. 28, 2004, [118 Stat. 1883]; [Pub. L. 112–81, div. A, title X, § 1061(28)], (30), Dec. 31, 2011, [125 Stat. 1584].)