U.S. Code » Title 10 » Subtitle Subtitle E— Reserve Components › Part PART I— ORGANIZATION AND ADMINISTRATION › Chapter CHAPTER 1005— ELEMENTS OF RESERVE COMPONENTS

10 U.S.C. § 10144

Ready Reserve: Individual Ready Reserve

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(a) Within the Ready Reserve of each of the reserve components there is an Individual Ready Reserve. The Individual Ready Reserve consists of those members of the Ready Reserve who are not in the Selected Reserve or the inactive National Guard.(b)(1) Within the Individual Ready Reserve of each reserve component there is a category of members, as designated by the Secretary concerned, who are subject to being ordered to active duty involuntarily in accordance with section 12304 of this title. A member may not be placed in that mobilization category unless—(A) the member volunteers for that category; and(B) the member is selected for that category by the Secretary concerned, based upon the needs of the service and the grade and military skills of that member.(2) A member of the Individual Ready Reserve may not be carried in such mobilization category of members after the end of the 24-month period beginning on the date of the separation of the member from active service.(3) The Secretary shall designate the grades and military skills or specialities of members to be eligible for placement in such mobilization category.(4) A member in such mobilization category shall be eligible for benefits (other than pay and training) as are normally available to members of the Selected Reserve, as determined by the Secretary of Defense.(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2973; amended Pub. L. 105–85, div. A, title V, § 511(a), Nov. 18, 1997, 111 Stat. 1728.)Editorial NotesAmendments

1997—Pub. L. 105–85 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related SubsidiariesEffective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

Notes of Decisions
Cited in 4 cases, 1995–2020 · leading case: Jackson v. Tate, 648 F.3d 729 (9th Cir. 2011).
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Jackson v. Tate, 648 F.3d 729 (9th Cir. 2011). “§ 12304 ],” 10 U.S.C. § 10144 (b)(1), “when the President determines that it is necessary to augment the active forces for any operational mission or that it is necessary” to respond to “a use or threatened use of a weapon of mass destruction; or a terrorist attack or threatened…”
McDonough v. Mabus, 907 F. Supp. 2d 33 (D.D.C. 2012). “See 10 U.S.C. § 10144 . The plaintiff was approved to become an active reservist on January 30, 2006, see PL’s Facts ¶ 9; Def.”
Rodriguez v. Penrod (D.D.C. 2020). “10 U.S.C. § 10144 . Instead, each letter asserts that Rodriguez was in an untenable situation after having been placed in a position whose paygrade was downgraded from lieutenant colonel to major—a lieutenant colonel filling such a role would likely have been seen as in grade,…”
Taylor v. USA (D.N.H. 1995). “1029 (1992); 10 U.S.C. §10144 . On the weekend of August 16, 1991, plaintiff participated in a CRA-sponsored weekend retreat, lead by Morrissette and Forest.”
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