
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC12306]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
                        CHAPTER 1209--ACTIVE DUTY
 
Sec. 12306. Standby Reserve

    (a) Units and members in the Standby Reserve may be ordered to 
active duty (other than for training) only as provided in section 12301 
of this title.
    (b) In time of emergency--
        (1) no unit in the Standby Reserve organized to serve as a unit 
    or any member thereof may be ordered to active duty (other than for 
    training), unless the Secretary concerned, with the approval of the 
    Secretary of Defense in the case of a Secretary of a military 
    department, determines that there are not enough of the required 
    kinds of units in the Ready Reserve that are readily available; and
        (2) no other member in the Standby Reserve may be ordered to 
    active duty (other than for training) as an individual without his 
    consent, unless the Secretary concerned, with the approval of the 
    Secretary of Defense in the case of a Secretary of a military 
    department, determines that there are not enough qualified members 
    in the Ready Reserve in the required category who are readily 
    available.

(Aug. 10, 1956, ch. 1041, 70A Stat. 29, Sec. 674; Pub. L. 87-651, title 
I, Sec. 130, Sept. 7, 1962, 76 Stat. 514; renumbered Sec. 12306 and 
amended Pub. L. 103-337, div. A, title XVI, Secs. 1662(e)(2), 
1675(c)(4), Oct. 5, 1994, 108 Stat. 2992, 3017.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
674(a)................................  50:926(a) (less 1st 28 words).       Ju
ly 9, 1952, ch. 608, Sec.  206
                                        50:926(b).                            (
less 1st 28 words of (a)), 66
674(b)................................                                        S
tat. 483.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (b), the words ``to serve'' are substituted for the 
words ``for the purpose of serving''. The words ``there are not enough * 
* * that are'' are substituted for the words ``adequate numbers of * * * 
are not''. The words ``(other than for training)'' are inserted, since 
the words ``active duty'' were defined in the source statute cited above 
to exclude ``active duty for training''.

                            1962 Act

    The change is made to conform section 674(a) more closely to the 
source law for that section, section 206(a) of the Armed Forces Reserve 
Act of 1952 (66 Stat. 483). Section 206(a) of that Act defined the 
Standby Reserve in terms of units and members of the reserve components 
according to their liability to be ordered to active duty. It did not 
provide authority to order units and members of the Standby Reserve to 
active duty. This authority was provided by section 233(a) of the Armed 
Forces Reserve Act of 1952 (66 Stat. 489), which is restated in section 
672(a) of title 10. Since the present language of section 674(a) may be 
interpreted to provide independent authority to order units and members 
of the Standby Reserve to active duty, it is revised to make clear that 
this is not the case and that section 672 is the authority for that 
action.


                               Amendments

    1994--Pub. L. 103-337, Sec. 1662(e)(2), renumbered section 674 of 
this title as this section.
    Subsec. (a). Pub. L. 103-337, Sec. 1675(c)(4), substituted ``12301'' 
for ``672''.
    1962--Subsec. (a). Pub. L. 87-651 substituted ``only as provided in 
section 672 of this title'' for ``only in time of war, of national 
emergency declared by Congress, or when otherwise authorized by law''.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as 
otherwise provided, see section 1691 of Pub. L. 103-337, set out as an 
Effective Date note under section 10001 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 10151 of this title; title 38 
section 3011; title 50 App. section 592.
